Leila Safi Hobson by Cl I N T O N F
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www.elpasobar.com June 2015 The Lone Star Republic’s Supreme Court Wove the Fabric of Texas Law from the Threads of Three The Lone Star Republic’s Supreme Court Wove Competing Legal Traditions Part 3: The Scotch-Irish, Born Fighting the Fabric of Texas Law from the Threads of BY DAVI D A. FURLOW Three Competing Legal Traditions Page 7 SPOTLIGHT ON AN EL PASO LAWYER Leila Safi Hobson BY CLINTON F. CROSS Page 16 Surprise – Who is Tracking You (Besides NSA)? And How to Stop It BY DAVI D J. FE RR E LL Page 18 June 2015 El Paso Bar Association Labor & Employment Section Brown Bag Luncheon Seminar The Latest Developments In Labor and Employment Law Thursday, June 4, 2015, 12:30 – 2:30 p.m. Ceremonial Courtroom, 12th Floor, El Paso County Courthouse FREE, approved for 2.0 hours of MCLE Topics: •Top 10 Most Interesting and Useful Employment Cases in the Last Year. Gerald Howard, Kemp Smith •To “tweet” or Not to “tweet”: Implications of Social Media in the Workplace. Diana Macias Valdez, Law Office of Diana Macias Valdez, PLLC •Same Sex Marriage and Emerging LGBT Issues in the Work- place. John Collins and Blake Downey, ScottHulse, P.C. •Plaintiffs’ Panel: Best Trial Practices, Including Pre-trial and Post-trial •John Wenke, Law Offices of John Wenke •Lynn Coyle, Law Office of Lynn Coyle, PLLC •Lisa Elizondo, The Law Office of Lisa Elizondo, PLLC If you would like to pre-register, contact Nancy at ngallego. [email protected] FEDERAL COURT PRA C TI C E SEMINAR Wednesday, June 10, 2015 Albert Armendariz, Sr. U.S. Courthouse Jury Assembly Room, 2nd Floor 12:00 – 5:00 p.m. Approved for 4.0 hours of MCLE, including 1.0 hour of Ethics $115 for current FBA Members $215 for non-FBA Members RSVP by Monday, June 8th to Kristin Kimmelman at 534-6525 or at [email protected] June 2015 3 PRESIDENT ’S PAGE State Bar of Texas Awards Award of Merit Star of Achievement Outstanding Partnership Award have been privileged to highlight some of the best lawyers Outstanding Newsletter in El Paso through this President’s Page. Highlighting one Publication Achievement Award or two of our most talented lawyers each month means NABE LexisNexis Awards I Community & Education Outreach Award there are many that have gone without mention. -2007, 2010 & 2012 This month I would like to talk about our business and Excellence in Web Design – 2007 transactional lawyers who handle real estate transactions, create Excellence in Special Publications – 2008 business entities and resolve conflicts between parties when Laura Enriquez, President disputes and complex issues arise. Much of this work involves Myer Lipson, President-Elect substantive knowledge of business and administrative law that Christopher Antcliff, Vice President most trial lawyers do not even begin to understand. Mark Dore, Treasurer Jennifer Vandenbosch, Secretary I highlight these lawyers in part to introduce Myer Lipson, the new President Randolph Grambling, Immediate Past of the El Paso Bar Association. Myer is joined by many other very competent El President Paso lawyers practicing in this area, such as Mike and Frank Ainsa, Steve Anderson, 2014-2015 Board Members David Bernard, Joyhn Birkelbach, Bernanrd Felsen, Robert Feuille, Guy Fields, Brock Benjamin Robert Gibson, Risher Gilbert, Michael Ginnings, Allan Goldfarb, Merton Goldman, Ouisa Davis Soraya Hanshew Patrick Gordon, Tim Johnson, Jay Kerr, Rodolfo Mata, Hector Phillips, Clyde Pine, Rene Ordonez Ernesto Pineda and Patrick Wolf. Jeff Ray I personally want to recognize and thank John Boomer, General Counsel for El Melissa Baeza Daniel Hernandez Paso Electric. He is a brilliant lawyer. I also appreciate him as a human being since Judge Miguel Torres he also saved me last year from being mugged in downtown El Paso. Felix Valenzuela Sean White Back to Myer Lipson. Myer has spent the last four years on the executive Kristina Voorhies Legan committee of the El Paso Bar Association. He has been an excellent member of the Aldo Lopez executive team—participating in the business of the Association and working on David Mirazo Janet Monteros policies and organizational matters—and he has also supported the various activities Philip Mullin of the organization including the Access to Justice Clinic and the Veteran’s Clinic. Ex-Officios Myer is an excellent business and transactional law attorney who epitomizes the SBOT Director, District 17, EPYLA, talent within our bar, but he will also be a great bar president. We are fortunate MABA, EPWBA, ABOTA, FBA, EPBF, EPFLBA, EPPBA, EPALP to have Myer serving the Bar Association and becoming its leader next year. Our Executive Director community is profoundly better because of the expertise and experience Myer and Nancy Gallego other business lawyers share with their clients in and around El Paso. Editorial Staff Clinton Cross, Judge Maria Salas- I chose to move to El Paso to practice law even though I had offers to practice Mendoza, Nancy L. Gallego in other cities at the time of my law school graduation. I was motivated to accept & Ballard C. Shapleigh employment in El Paso because of the caliber of lawyers I had dealt with in El Paso as a law clerk, attending hearings, taking or defending depositions or working on The El Paso Bar Journal is a bi-monthly publication of the El Paso Bar Association. Articles, notices, suggestions trials. I believe that many of the gems in our profession live and reside in El Paso. and/or comments should be sent to the attention of Nancy I will always be proud to be a member of the El Paso Bar Association. I will always Gallego. All submissions must be received by the Bar office on or before the 10th day of the month preceding be grateful for the opportunity that I have had to lead this organization. I thank publication. Calendar listings, classified ads, display everyone for a great bar year. ads, and feature articles should not be considered an And remember, for all of your legal needs, hire the best, hire an El Paso endorsement of any service, product, program, seminar or event. Please contact the Bar office for ad rates. Ar- lawyer. ticles published in the Bar Journal do not necessarily LAURA ENRIQUEZ , reflect the opinions of the El Paso Bar Association, its Officers, or the Board of Directors. The El Paso President Bar Association does not endorse candidates for political office. An article in the Bar Journal is not, and should never be construed to be, an endorsement of a person for political office. June 2015 4 E L PA S O BAR Ass O C IATION June Bar Luncheon State Bar Tuesday, June 9, 2015 of Texas Awards l El Paso Club 201 E. Main, 18th Floor, The El Paso Bar Association will receive the Chase Bank - cost $20 per person, 12:00 Noon Award of Merit at the State Bar of Texas Annual Election and Swearing In of 2015-2016 Meeting on June 18, 2015 in San Antonio, Texas. Officers and Directors The award will be presented during the Bar Officers: Leaders Recognition Luncheon. Myer Lipson – President Chris Antcliff – President-Elect Mark Dore – Vice President Jennifer Vandenbosch – Treasurer Daniel Hernandez – Secretary Board of Directors (1 year term) El Paso Bar Association Danny Razo Board of Directors (3 year term) 2015-2016 Jessica Kludt Membership Dues Statements Charles Ruhmann have been mailed out and should be returned Jed Unterker to our office by July 1, 2015. Bill Hicks Judge Laura Strathman Door prizes will be given out Please make your reservations by Monday, June 8, 2015 at 1:00 p.m. at [email protected] or [email protected] Upcoming Holidays: Please make sure you RSVP. Friday, June 19, 2015 – Juneteenth Day Saturday, July 4, 2015 – Independence Day CALENDAR OF EVENTS June, 2015 Tuesday, June 2 Tuesday, June 9 Thursday, June 18 EPBA BOD Meeting EPBA Monthly LuncheonElection EPPA Monthly Luncheon Thursday, June 4 and Swearing In Of Officers/Directors for Friday, June 19 Labor & Employment 2015-2016 Bar Year Juneteenth Day – EPBA Office Closed Law Seminar. FREE Wednesday, June 10 EPCLSA Monthly Meeting Have a great summer!!!! Articles published in the Bar Journal do not necessarily reflect the opinions of the El Paso Bar Association, its Officers, or the Board of Directors. The El Paso Bar Association does not endorse candidates for political office. An article in the Bar Journal is not, and should never be construed to be, an endorsement of a person for political office. June 2015 5 Magna Carta and the Surprising Survival of Jury Trial Part III BY JO S HUA TATE ike the constitutional protection for civil answer is that the ordeals were supervised by Western Europe. How would defendants be jury trials, the right to a jury in criminal priests who sought divine intervention to ensure tried in criminal cases, when God’s blessing Lcases traces its origin to an important that the guilty were punished and the innocent could not be sought for the ordeals? The development in 1215. In the case of criminal were spared. Medieval Englishmen believed in English courts were not sure what to do, but trials, however, the protection came about not the power of the priests to invoke God’s blessing, a practice developed of asking the defendant because of Magna Carta, but because of the and they believed in miracles. If a defendant how he wished to be tried. If he responded, “By Fourth Lateran Council. subjected to the ordeal of hot iron was innocent, God and the Country,” be pressed with heavy Unlike disputes over land and rights of they believed God would perform a miracle and weights until he relented or was killed.