25 minute read
The Retirement of Chief Bankruptcy Judge Ronald B. King
By Eric Terry and Tony Hervol
Cover and article photography by Mewborne Photography shot on location at Thomas Jefferson High School in San Antonio.
On November 6, 2021, more than 200 attorneys, judges, court clerks, staff, family, and friends assembled to celebrate the career of one of San Antonio’s most beloved and revered jurists. After more than thirty-three distinguished years on the bench, Judge Ronald B. King, Chief United States Bankruptcy Judge for the Western District of Texas, had announced his retirement, and the community had assembled to pay tribute to him. From any guest, you would have heard glowing praise for one of the most highly respected and well-liked jurists to ever serve on the local bench.
Judge King is a San Antonio original, and he is incredibly proud of where he comes from. Ronald B. King (“Ronnie”) was born in San Antonio in 1953 to Don and Elaine King. He has one sibling—an older brother, Richard. His father dropped out of St. Mary’s Law School because he needed to support his growing family. Don eventually opened his own insurance agency, and Elaine was the Executive Secretary to the CEO of the United Way. Ronnie was close to immediate and extended family, particularly his grandparents. His paternal grandmother, the first woman in Texas to join the military, lived nearby and loved to have Ronnie visit. When she retired, she bought a ranch in Wimberley. Ronnie would ride a Greyhound bus from downtown San Antonio to San Marcos to visit. He spent many happy days herding cattle, fishing, and helping his grandmother with chores.
Ronnie’s family members were all active in social clubs and church activities. His parents were charter members of Oak Hills Presbyterian Church, and Ronnie spent a lot of time assisting with church activities. Elaine King was the church organist, and Ronnie gained a wonderful appreciation for music from his mother. He took lessons as a child, but found them too tedious, so he just sat down one day and played until he “got the song right.” Ronnie had an ear for music—so much so that he was able to critique Elaine’s organ playing after church services.
Ronnie’s elementary school teachers marveled at his intellect but noted that he was far too social. They had him sit at the front of the room, where they could keep an eye on him. His English teacher, Ms. Donna Peacock, stated, “Judge King was Ronnie King when I first met him. He was twelve years old, cute, and smart. I was twenty-two, a first-year English teacher trying to seem smarter than my students. Ronnie and others got me through that first year with their patience, intelligence, and enthusiasm.”
Ronnie attended Longfellow Junior High, where his attributes served him well. He joined a spirit organization called The Acadians and volunteered for most of the activities of the club. He especially loved the folk singing group in which he sang and played a guitar he bought using money he earned mowing neighbors’ lawns. Ronnie and the group performed at school and all over the city. Ronnie’s classmate W.E. Moerner, who won a Nobel Prize in 2014, remembered “great times singing folk songs when [Ronnie] was playing the guitar” and described Ronnie as “a wonderful leader as well as a fun-loving guy!” As a student, Ronnie also starred in theatrical productions and worked with the stage crew when needed.
Ronnie attended Thomas Jefferson High School, which was one of the most well-known high schools in the country at the time. It boasted iconic architecture and had been the location of a major motion picture in the 1940s. Ronnie was an academic honor roll student, joined the tennis team, and was a member of the “Senate”—a men’s social club of which he served as president his senior year. He played in a garage band that played gigs around town. Ronnie attended many activities, including sporting events and dances. In his senior year, he dated a girl named Cindy Sauer. Their first date was to attend a play at San Antonio College theater. Cindy would later become his wife.
Ronnie King, Age 5
High School Yearbook Photo
Ronnie obtained his undergraduate degree from Southern Methodist University, where he was a member of Phi Beta Kappa. He graduated in 1974 with high honors after only three years of attendance. He attended law school at the University of Texas and graduated with high honors in 1977.
Ronnie’s first job in the legal field was as a briefing attorney for Texas Supreme Court Justice James G. Denton from 1977–78. He recalls working on seven opinions during that time, with the most notable being a significant Texas Securities Act case.1 It was during his time at the Supreme Court that Ronnie first became interested in the idea of serving as a judge, perhaps at the appellate level. After his clerkship, Ronnie returned home to San Antonio and became an associate at Foster, Lewis, Langley, Gardner & Banack, Inc., where he focused on business litigation and appellate law. Judge King credits Buddy Banack as one of his primary mentors and had the privilege of trying several large commercial litigation cases with Mr. Banack. Ronnie also represented institutional lenders holding liens on commercial real estate that found themselves as creditors in bankruptcy cases. No one at the firm had any experience in bankruptcy law. In fact, Ronnie (now Judge) King readily admits that he purposefully avoided the bankruptcy course at UT law school because he thought he would never need anything learned from the course. However, in the beginning, lawyer Ronnie got "volunteered" to become the firm's bankruptcy attorney simply because he knew where the bankruptcy courthouse was located. Judge King recalls that his first bankruptcy matter was handled in 1979—right after the Bankruptcy Code first became effective.2
Judge and Cindy King in early eighties
Building a bankruptcy practice from scratch in the 1980s at a prestigious law firm was a difficult task. There were no attorneys with whom Ronnie could readily consult regarding an unfamiliar and sometimes complicated area of the area of the law and the myriad issues that were coming up with the new Code. At that time, the bankruptcy bar in San Antonio was relatively small, and newcomers sometimes found it cliquish and difficult to break into. There were only two sitting bankruptcy judges in the entire Western District, and the San Antonio division had a reputation for being a difficult place to practice. As with every other task he encountered before, Ronnie made the best of things—he worked hard and did what needed to be done.3 As loan defaults rose during the 1980s, Ronnie’s now sizeable bankruptcy practice became an important asset to the firm. In 1982, he made partner and began to envision his career as an appellate lawyer, and perhaps an appellate judge.
In 1988, Bankruptcy Judge R. Glen Ayers, Jr. announced he would be retiring from the bench to re-enter private practice. An opportunity then arose for Ronnie, but perhaps the timing was not right. He was only thirty-four years old, and he would be competing against many experienced and qualified candidates. Further, the proposed pay for the job was not good, and certainly much less than he was making as a partner at Foster Lewis. After careful reflection and consultation with his family, Ronnie decided that this was what he really wanted to do in his legal career. He took a chance and submitted his application. During the interview process, Ronnie’s two greatest traits stood out— his extraordinary intelligence and humility. Judge King recalls being queried by the three-judge committee with questions such as “Are you sure you want this job?” and “Do you know how little the job pays?” When asked why he thought he would make a good judge, he said, “I thought I could do a good job at it and that I would be fair and objective.” As he had done many times in his life before, Ronnie won over the committee with his intellect and personality and was offered the position notwithstanding his young age.
On September 30, 1988, Judge King became the Western District’s newest Bankruptcy Judge, and at the age of thirty-five, he was the youngest judge on the federal bench. Judge King was promised a formal investiture for a later date, but for some reason, it never got scheduled. He did not let that slow him down. He called his dear friend, District Judge Ed Prado, to swear him in. Over the decades that Judge Prado served on the District Court and the Fifth Circuit Court of Appeals, he had many chances to "grade" his friend's work. “Judge King gained an excellent reputation for being a fair and very knowledgeable judge. . . . He made my job of reviewing appeals from his court very easy. All the judges knew that if it was an appeal from Judge Ron King, chances were it was done correctly and was an easy affirmance,” recalled Prado.
Judge King Portrait
After being sworn in, Judge King was allowed one week to move into his chambers and then was handed one of the busiest dockets in the country. There were only three judges in the Western District at the time, and Judge King was initially assigned one-half of the cases filed in San Antonio plus all of the cases in the Midland/Odessa and El Paso divisions. This left him with responsibility of presiding over more than 8,000 cases at one of the worst possible times for the U.S. economy— the beginning of the savings and loan crisis.4 The dockets were literally “standing-room only,” and Judge King travelled every other week to meet his divisional assignments. On his first trip to Midland, Judge King and staff were required to hold court until 1:00 am to complete the docket, and when he arrived at his hotel room that night, the room key broke off in the door lock. But like every challenge before, he met this one with the same hard work and dedication to his job that he would maintain for his entire career, regardless of the size of the docket. Bankruptcy Judge H. Christopher Mott, who presides in Austin and El Paso and is famous for his sports analogies, provides an apt description of Judge King’s tenure on the bench: “Like a world class ultra-marathoner, Judge King has run for over three decades on the bench at a pace that seems impossible for most to even imagine.”
Handling such a heavy docket was harder in the late 1980s than it is today because technological developments that we now take for granted were not available then. In 1988 there were no computers in chambers and all legal research was conducted using books. There was no internet access in chambers until the early 1990s. With the incredible volume of paper pleadings stacked on his desk, much of which had to be lugged to divisional assignments, Judge King began to ponder how much easier it would be for lawyers, clerks, court staff, and judges if these paper documents could somehow be eliminated or significantly reduced. Judge King began to work on an idea with then Chief Bankruptcy Judge Larry Kelly—what if documents could be filed and stored electronically? Was this even possible, and if so, how could such a thing be put into practice? In 1997, the Judges formed a Strategic Planning Committee and met with information technology professionals, judges, lawyers, and staff from other courts on a national level in an effort to determine what was available and what would be required to implement an electronic filing and storage system. On March 5, 2001, the Western District Bankruptcy Courts implemented the first electronic filing and case management system, becoming the first federal court in Texas to do so. There were certainly kinks along the way. However, the system evolved into what is now a completely paperless Case Management/Electronic Case Filing system, known as CM/ECF. Judge King played an essential role in this transition. Most courts in the United States, including both federal and state courts, have followed the Western District’s lead in electronic filing and many have adopted this system as their model.
Judge King has had a significant impact on the lives of those who have worked for and with him. Numerous clerks and court staff across the vast Western District and its various divisions speak fondly of their experiences with Judge King. But it was in chambers where his impact was the greatest. Judge King asked Tricia Bade Haass, his secretary from Foster Lewis, to join him when he transitioned to the bench. Tricia gladly followed and worked for Judge King for more than thirty-six years. As Ms. Haass stated, “I got the job of a lifetime, met a world of wonderful people, and gained a wealth of knowledge and experience.” Judge King’s courtroom deputy for twenty-nine years was Jana Brisiel. When asked about her time in chambers, Ms. Brisiel called it “the best job one could ever ask for.” Judge King was always quick to credit Ms. Brisiel for her professionalism with the bar and her excellent organization skills, which greatly assisted in keeping his court running smoothly. After Ms. Brisiel’s retirement in 2017, Deanna Castleberry stepped in and did an outstanding job.
Judge King’s courtroom was known as one of the most userfriendly courtrooms in the state. According to David Gragg, chair of the Bankruptcy Practice Group at Langley & Banack, Inc., trying cases before Judge King “was a highlight of practicing bankruptcy in San Antonio” because “you always knew that you were going to be treated fairly and that your client would have ample opportunity to present his case to a judge that would listen and was patient, courteous, firm and without bias[,]” and who could “quickly recognize complex legal issues.” Gragg also praised Judge King’s staff for reflecting that same “user friendly” demeanor that made San Antonio such an attractive venue for complicated restructurings.
Judge King also employed many law clerks over the years—a total of thirty-seven to be exact. As part of his effort to give back to a profession that had given him so much, Judge King believed that he had a duty to mentor and educate young lawyers. Instead of hiring long-term or “career” law clerks, Judge King typically hired recent law school graduates who would serve one-year, or occasionally two-year, terms. This allowed him to introduce more individuals to the profession, teaching each of them about the judicial system, the bankruptcy bench, and the practice of law in general. On any given day, Judge King’s law clerks could generally be found in chambers acting as his counsel, absorbing every lesson he handed out, or having lunch with the Judge at his favorite downtown restaurants. Any one of his law clerks will readily describe his or her time in chambers with Judge King as a significant professional-life highlight. Judge King freely discussed case-related issues with his clerks, bantered about humorous matters that arose during hearings, and was often available to talk about daily life and all that it brings. Judge King even officiated at some of his law clerks’ weddings. Finally, and perhaps the best indicator of his impact on his law clerks, two of Judge King’s former clerks are now the sitting bankruptcy judges in the San Antonio Division.5 Former law clerk Michael Parker, who was appointed to the vacancy created by Judge King’s retirement, described his clerkship as a “life altering” experience that made him a better person and better lawyer because of Judge King’s “wisdom, guidance and mentoring.”
Judge King’s mentorship was not confined to chambers. He was a founding member and president of The Honorable Larry E. Kelly Bankruptcy American Inn of Court—an organization that emphasizes mentoring younger lawyers. As his wife Cindy states, “He has always loved working with and helping young lawyers, even in his days of practice, and adding a Bankruptcy Inn of Court chapter to the Western District of Texas was a goal that he determinedly worked toward and talked about during the better part of his judicial career. He is so proud of this success.”
Judge King has retired after more than thirty-three years on the bench and has left an astonishing record. He was the longest serving United States Bankruptcy Judge from the state of Texas in history. He was named Chief Bankruptcy Judge for the Western District of Texas in November 2006. He has presided over more than 100,000 cases— including some of the largest and most significant cases in history. Memorable cases include: the Spectrum Brands 3.2-billion-dollar reorganization case; the INSILCO (International Silver Company) 800-million-dollar reorganization case; Buffets, LLC; a forty-one day trial in the TXCO Resources case;6 M&S Associates; and National Benevolent Association of the Christian Church. Judge King also presided over reorganizations or eventual liquidations of the following iconic San Antonio area businesses: Solo Serve; Winn’s Stores; Alamo Iron Works; Drug Emporium; Mooney Aircraft; Newell Industries; Camp Cooley; Tapatio Springs; and A’Gaci. Judge King also adjudicated debtor-creditor disputes in the thousands of consumer bankruptcy cases assigned to his docket over the years—a task he considered no less important than the large commercial disputes over which he presided. Judge King’s youngest child, Kelsey, was just a toddler when he took the bench. Now a lawyer herself, she mused that “[h]is intelligence, humor, and composed nature certainly have helped him shine as a jurist—but I think what makes him stand out the most is his humility.”
Judge King with former law partners Buddy Banack, Ken Malone, Mike Garatoni and Richard Kerr, June 2019
When asked about his greatest accomplishment, Judge King singles out his family. He has been happily married to his high school sweetheart, Cindy Sauer King, for more than forty-six years. Together they raised three children, Kari King Dial, Ronald Baker King, Jr. (“Baker”), and Kelsey Ann Copeland. Kari is a government relations attorney; she and her husband, Chris, have a two-year old daughter. Kelsey is a litigation attorney; she and her husband, Matt, have a four-year-old daughter. Baker is an anesthesiologist; he and his wife, Kelly, have two boys, ages eleven and twelve.
Judge and Cindy King with grandchildren,Port Aransas 2020
The King family, Port Aransas 2020
During his career, Judge King ensured that his schedule enabled him to be involved in his children’s lives and their varied and numerous academic and athletic events. He also made time, where possible, to stay in shape and play basketball at the gym. Despite several injuries on the court, Judge King continues to regularly play. He has also used his time away from the bench to relax with his family, spend time with his grandchildren, enjoy his family’s annual deer lease, and sample the offerings of Texas’ many great barbeque restaurants. For Bankruptcy Judge Mark X. Mullins of the Northern District of Texas, it is Judge King’s commitment to his family that is most remarkable:
Over the years, I enjoyed appearing before Judge King as a lawyer because he was always fair, considerate, and exhibited the gold standard for judicial temperament. Then, as a judicial colleague, I so appreciated Judge King because of his mentoring spirit and thoughtful counsel. Most importantly, however, I am blessed to call Ronnie King my friend because of his example—he is deeply devoted to his faith and his love for his bride Cindy and their kids and grandkids. All that . . . and he still has all his hair—unbelievable!
Judge King has always been considered a “lawyer’s judge.” Ronnie Hornberger, Of Counsel to Plunkett, Griesenbeck & Mimari, Inc., has appeared before Judge King for decades and notes his “outstanding” judicial qualities: “at once cerebral and practical, always respectful of those appearing before him, whether counsel, client or witness and whether from San Antonio or elsewhere. Truly ‘a gentleman and a scholar.’” Bill Kingman, Owner, Law Offices of William B. Kingman, PC, echoed Hornberger’s sentiments, noting that “[e]ven in particularly adversarial matters, Judge King has always patiently given each party their opportunity to state their case, meritless or not. I don’t think that any individual who ever appeared before Judge King can honestly say that she or he didn’t ‘have her or his day in court.’”
David Stevenson, Steven J. Humeniuk, Hannah L. Roblyer, Evan J. Atkinson, Judge Ronald B. King, Thomas Rice, Judge Michael M. Parker, Alexandra L. Brak, Judge Craig A. Gargotta
Judge Craig A. Gargotta, William G. Putnicki, San Juana Barraza (Sunnie) Putnicki, Judge Ronald B. King
Judge King justly earned the reputation of working with parties’ counsel to ensure matters could be handled efficiently, without undue waste of client resources, and with consideration of the parties’ and counsels’ scheduling demands. He never forgot what it was like to deal with the pressures and expectations of being a lawyer and running a law practice. He encouraged lawyers to be mindful of family matters when scheduling court dates. Further, he always recognized that, win or lose, the parties that appeared before him could better accept a ruling if they felt like they had their day in court. Judge King made a genuine effort to listen to every side of a dispute. Chief Bankruptcy Judge Craig A. Gargotta recalls that one of the best pieces of advice Judge King ever imparted was “that he [King] always endeavored to get the right answer regardless of who the litigant was, and, if there was no right answer, then he tried to get the best answer.” Judge King believed that giving dignity to all persons was paramount. Unless a party, their counsel, or a witness acted out of bounds, he treated them with the same consideration and respect he expected them to have for the court in which they were appearing.
Judge King also expected the lawyers appearing before him to be prepared and candid with him. He gave the following advice: “Don’t ever lie or misrepresent anything to the judge, or even shade the truth. Your reputation for veracity is your most important asset. Don’t forfeit it for one lousy client. This probably won’t be your last case.” With respect to younger lawyers, Judge King suggested that they “be collegial and respectful, not only to the Court and [their] colleagues, but to the entire court staff and clerk’s office.” Judge King also disliked and strongly discouraged incivility among litigants and their counsel and stressed the need to maintain professionalism among members of the bar. However, he also recognized that it was natural to expect that few people would be happy when they were in court, and that anger could be a byproduct of the stress and events that may have brought them to bankruptcy court in the first place. Despite these challenges, Judge King always seemed to maintain his ever-present cool demeanor. Deborah Williamson, a member at Dykema, reflected on Judge King’s famous demeanor: “He is patient. He lets you try your case, generally without interruptions. You might also get agreement that Judge King thinks that many of us can be (shall we say) a bit dramatic. To quote, ‘Counsel, there is no jury here.’ He rarely shows irritation—in fact, his poker face is legendary.”
In fact, the authors have never seen him lose his temper whether in court, chambers, or anywhere else for that matter—even when he had every reason to be angry. Judge King has always epitomized civil judicial temperament. Lawyers that regularly appeared before him would tell you that he listened to the arguments, examined the evidence, and ruled accordingly. Beth Smith, Owner, Law Offices of Elizabeth G. Smith, has long admired Judge King “for his even judicial temperament,” and his thoughtful and fair rulings that “[take] into consideration the big picture of a case, and [adhere] to the rule of law.” Bankruptcy Judge Tony M. Davis, who presides in Austin, experienced Judge King’s demeanor as a lawyer and then as a colleague:
The judicial code of conduct for Federal judges admonishes judges to be patient, dignified, respectful and courteous. Those four adjectives describe Judge King perfectly—in the way he interacts with lawyers and witnesses in the courtroom, the way he interacts with his judicial colleagues, and the way he acts at bar functions and Inn of Court events. When I first appeared before Judge King in the multi-hundred-million-dollar Insilco case, I had the experience of appearing before dozens of bankruptcy judges from San Diego to New York and many points between. And yet of all those judges, I thought then and now that Judge King was the one who exhibited and exhibits the perfect judicial demeanor. As a young lawyer, I found his courtroom to be an inspiring place to try cases. As a new judge, I looked to Judge King as my model. And, in considering my experience with Judge King, I see that a vital and enduring part of his considerable legacy will be all the law clerks, lawyers, and fellow judges whom he inspired with the example of his exemplary conduct.
Judge and Cindy King at his retirement party with the cake and plaque
While Judge King’s retirement was effective November 1, 2021, he requested and obtained approval for recall status from the Fifth Circuit Court of Appeals, allowing him to hear certain matters and assist the other Western District bankruptcy judges, as needed. Recall status provides Judge King with the best of both worlds. On the one hand, he can finally slow down, spend more time with family, and enjoy the fruits of a long-deserved retirement. At the same time, he can continue to serve the community he has long called home in a capacity and on a bench where he has been a fixture, and that he has loved, for most of his legal career. A few days after Judge King’s retirement celebration, he sat on the patio drinking coffee and staring into the screen of his laptop computer. Was he planning his first big post-retirement vacation? To the contrary, he was dutifully reviewing all of the pleadings for the docket he had scheduled the next day.
ENDNOTES 1Searsy v. Comm’l Trading Corp., 560 S.W.2d 637 (Tex. 1977). 2The current Bankruptcy Code was enacted in 1978 and generally became effective on October 1, 1979. The current Code completely replaced the former Bankruptcy Act of 1898 (Act of July 1, 1898, ch. 541, 30 Stat. 544). 3An example of one of the many successful cases tried by lawyer Ronald King is In re Anderson Oaks (Phase I) Ltd. Partnership, 77 B.R. 108 (Bankr. W.D. Tex. 1987). 4During the savings and loan crisis of the 1980s and 1990s, approximately one-third of the savings and loan associations in the United States failed. The impact on the U.S. economy was devastating, resulting in significant defaults in consumer and business loans, as well as foreclosures throughout the country. 5Chief Bankruptcy Judge Craig A. Gargotta clerked for Judge King from 1989-90; Judge Michael M. Parker clerked for Judge King from 1993-95. 6TXCO Res., Inc. v. Peregrine Petroleum, L.L.C. (In re TXCO Res., Inc.), 475 B.R. 781 (Bankr. W.D. Tex. 2012).
REFLECTIONS FROM COLLEAGUES
—The Honorable Harlin DeWayne Hale, UNITED STATES BANKRUPTCY JUDGE FOR THE NORTHERN DISTRICT OF TEXAS.
—The Honorable Xavier Rodriguez, UNITED STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT OF TEXAS.
—The Honorable Eduardo Rodriguez, UNITED STATES BANKRUPTCY JUDGE FOR THE SOUTHERN DISTRICT OF TEXAS.
—The Honorable Richard S. SchmidtFORMER UNITED STATES BANKRUPTCY JUDGE FOR THE SOUTHERN DISTRICT OF TEXAS.
—The Honorable Stacey Jernigan, UNITED STATES BANKRUPTCY JUDGE FOR THE NORTHERN DISTRICT OF TEXAS.
—The Honorable Daniel Collins, UNITED STATES BANKRUPTCY JUDGE FOR THE DISTRICT OF ARIZONA.
—The Honorable Orlando L. Garcia, CHIEF UNITED STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT OF TEXAS.
Eric B. Terry is the Owner of Eric Terry Law, PLLC and specializes in Business Bankruptcy Law. He clerked for Judge King from 1995-96.
Anthony (Tony) Hervol is the Owner of the Law Office of H. Anthony Hervol and has a general civil litigation practice, which includes bankruptcy matters. He clerked for Judge King from 1992-93.
