www.elpasobar.com

110th Anniversary November/December 2007

In this issue Ft. Bliss Holds Judges Sacked, El Paso Site of ’ 1,500 Mexican Packed, and First Documented civilians Hacked (Pt 2) Land Transfer

PAGE 15 NOVEMBER P2007AGE 6 PAGE 16 PICTURES/ COURTESY OF EL PASO PUBLIC LIBRARY EL PASO B AR BULLETIN W. Reed Leverton, P.C. Attorney at Law • Mediator • Arbitrator Alternative Dispute Resolution Services

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THE PRESIDENT’S PAGE

e are familia—members of an extended family with shared training and values. I am a parent fi gure in the courtroom. State Bar of Texas Award of Merit As your President I am also for one brief, but I hope, shin- 1996 – 1997 1998 – 1999 2000 – 2001 – 2006 ing moment, your family patriarch. As such, I write about Star of Achievement 2000 familia values. State Bar of Texas Best Overall Newsletter – 2003, 2007 WI want to discuss today our role as members of the larger familia that we serve, Publication Achievement Award the community at large. 2003 – 2005 – 2006 – 2007 NABE – LexisNexis Community Many of us serve our community as spiritual, religious, and political leaders. & Educational Outreach Award 2007 Lawyers are educated, skilled, and, most important, respected. We are members JUDGE ROBERT ANCHONDO, President of a “secular priesthood.” We are members of a profession that makes our de- CORI HARBOUR, President Elect CARLOS CARDENAS, Vice President mocracy work because of respect for the “rule of law.” CHANTEL CREWS, Treasurer But respect for lawyers and the “rule of law” is dimin- JUDGE DICK ALCALA, Secretary JUSTICE ANN MCCLURE, Immediate ishing. Past President 2007-2010 BOARD MEMBERS If we lose the respect of the lay community, the “rule of Laura Gordon law,” and therefore our democracy itself, will be at risk. I Bruce Koehler Scott Mann suspect you think I exaggerate. The judiciary, as well as Oscar Ornelas the legal profession itself, has many critics. Amy Sanders Stephanie T. Allala What led to this state of affairs? Let’s consider a few— Robert Belk Judge Oscar Gabaldon not all—of the issues we face today. Joseph Strelitz First, some lawyers advertise distastefully. Somehow Ann Ward Judge Regina Arditti health care providers seem to be able to advertise with Katari Buck more restraint and taste than we do. Each one of us needs to compete, but dis- Walker Crowson Anna Perez tasteful advertising degrades our collective image. Can’t we do better? Jaime Sanchez Second, according to a recent survey commissioned by the American Bar As- EX-OFFICIO ELIZABETH ROGERS, State Bar sociation (as reported in the October, 2007 issue of the ABA Journal) civility Director, District 17 between lawyers has declined in recent years. Clients love a good fi ght, and EXECUTIVE DIRECTOR Nancy Gallego some of us want to build reputations as great warrior chiefs. Can’t we fi ght fair, [email protected] and with courtesy—just as we should fi ght fair and with courtesy at home? STEPHANIE T. ALLALA, Editor Third, the ABA reports that the cost of litigation has become prohibitive in JUDGE OSCAR GABALDON, Assistant Editor recent years. Again, fi ghting pays. But shouldn’t we lawyers remember our CLINTON CROSS, Assistant Editor peacemaker role, even if making peace is less profi table than making war? NANCY GALLEGO, Assistant Editor So, the fi rst thing we have to do is try to clean up our own act. The El Paso Bar Bulletin is a monthly Next, we need to keep doing many of the things that many of us have done publication for the El Paso Bar Association. Articles, notices, suggestions and/or com- well in the past, and that many of are continuing to do well today. ments should be sent to above address to the attention of Nancy Gallego. All the submis- In many ways, we are all community leaders. Don’t be afraid to stand up sions must be in the offi ce on or before the and lead. We can maintain respect for the law if we ourselves are respectful and 10th of the month preceding publication. You may either fax or email your submission. respected. Our ancestors did it. Every lawyer interviewed in this Journal as a Articles published in the Bar Bulletin do not necessarily refl ect the opinions ofthe El Paso “Senior Lawyer” did it. We must keep doing it. Bar Association, its Offi cers or the Board In addition, we shouldn’t be afraid to boast about how we have contributed of Directors. Calendar listing, classifi ed ad, display ad, and feature articles should not be to our community at large. Lawyers helped build this city, economically and considered an endorsement of any service, product, program, seminar or event. Please contact our offi ce for ad rates. Continued on page 4

NOVEMBER 2007 4

EL PASO BAR ASSOCIATION November Bar Luncheon Tuesday, November 13, 2007 El Paso Club, 201 E. Main, 18th Floor, Chase Bank - $14 per person 12:00 Noon Guest Speakers will be Col Randy T. Kirkvold, Staff Judge Advocate and CaptainCasey Z. Thomas, Special Assistant U.S. Attorney, who will speak about the Ft. Bliss expansion and what the Judge Advocates do across the world, plus a discussion on some specfi c Law of War cases that magnify the importance of law training for our Soldier’s in harm’s way. Approved for ½ hour of MCLE by the SBOT Please make your reservations by Monday, November 12, 2007 at noon by calling Nancy at 532-7052 or via email at [email protected] December Bar Luncheon Tuesday, December 11, 2007 El Paso Club, $14.00 per person Guest Speaker TBA

President’s Message continued from page 3

spiritually. We should be proud of what have helped build the El Paso of today. we might all get some good will and re- we have done, and what we are continu- However, that won’t help us much with spect by using a magazine to communi- ing to do. the general public. If we want to improve cate with others, a magazine that would This year, we will be highlighting in the our reputation, and thus maintain our otherwise just get tossed in the trash. El Paso Bar Journal contributions that we leadership role and respect for the “rule of Little steps will help you with your lawyers have made in the past to the larger law,” we must communicate our message larger familia, as I’m sure they also help familia that we serve—economic, spiri- to others, people who live and work out- you at home. Good communication and tual, and religious. Because our Bar As- side the legal profession. courtesy at home, in the workplace, in sociation has limited resources, our Board As one small step, I recommend that the courthouse, and with the community recently voted to limit distribution of this you share your Bar Journal with others, at large is the key to successful relation- Journal to El Paso Bar members, and to rather than throwing it away. Put a copy ships--and perhaps to success at home, in reduce the number of issues published. in your waiting room. If an issue might be the offi ce, and in the marketplace. Reading our Bar Journal, we all may of special interest to someone you know, JUDGE ROBERT ANCHONDO feel better about ourselves--about how we share it. With help from each one of you PRESIDENT The El Paso Bar Journal is combining the November and December issues in this edition. Please be sure and get your January and February announcements to Nancy Gallego by December 10th.

NOVEMBER 2007 5 CALENDAR OF EVENTS November, 2007 DECEMBER, 2007 Thursday, November 1 Tuesday, December 4 EPWBA Monthly Meeting EPBA Board Meeting Thursday, November 1 Thursday, December 6 Immigration Section Meeting EPWBA Monthly Meeting Friday, November 2 Friday, December 7 Coffee & Donuts in Bar Offi ce Coffee & Donuts in Bar Offi ce Friday, November 2 Friday, December 7 FBA – Supreme Court Review MABA General Meeting Friday, November 2 MABA General Meeting Tuesday, December 11 Tuesday, November 6 EPBA Monthly Luncheon EPBA Board Meeting Friday, December 14 Thursday, November 8 EPCLSA Chinese Auction EPYLA Comedy Night Friday, December 21 Monday, November 12 Coffee & Donuts in Bar Offi ce EPBA Offi ce Closed – Veteran’s Day Monday & Tuesday, Tuesday, November 13 December 24 & 25 EPBA Monthly Luncheon EPBA Offi ce Closed – Wednesday, November 14 Christimas Holiday EPYLA Monthly Meeting Monday & Tuesday, Friday, November 16 December 31 & January 1 Coffee & Donuts in Bar Offi ce EPBA Offi ce Closed – Thursday & Friday, November 22 & 23 New Year’s Holiday EPBA Offi ce Closed – Thanksgiving Upcoming Events Friday, February 15 & Saturday, February 16, 2008 12th Annual Civil Trial Seminar, Paris Hotel, Las Vegas, NV

PLEASE NOTE: Please check the Bulletin for all the details regarding all above listed events. If your club, organization, section or com- mittee would like to put a notice or an announcement in the Bar Bulletin for your upcoming event or function for the month of January & February, 2008, please have the information to the Bar Association offi ce by Monday, December 10, 2007. In order to publish your information we must have it in writing. WE WILL MAKE NO EXCEPTIONS. We also reserve the right to make any editorial changes as we deem necessary. Please note that there is no charge for this service: (915) 532-7052; (915) 532-7067-fax; nancy@elpasobar. com - email. If we do not receive your information by the specifi ed date please note that we may try to remind you, but putting this bul- letin together every month is a very big task and we may not have the time to remind you. So please don’t miss out on the opportunity to have your event announced.

LAW FIRM MERCHANT ACCOUNTS NOTICE: A New Member Benefi t from the The El Paso Bar Journal is being published as follows El Paso Bar Association! – November & December, 2007 will be combined as If you haveCall any 512-366-6974 questions will January & February 2008. March, April, May and please contact the June will be monthly issues. Contact the Bar Offi ce if Bar Associationfor more offi ce information. at 532- 7052 or via email at nancy@ you have any questions regarding this schedule.

NOVEMBER 2007 6

EL PASO’S LEGAL HISTORY REVEALED So You Want to be a Judge? (Part Two)

BY THE HONORABLE BILL MOODY

he battle among Republican presidential contenders now unfolding in our nation looks like a love-fest when compared to the pitched battle between El Paso Republicans that Terupted soon after the Civil War. Before it was over, one judge wad dead, and another forced out of offi ce. At the time, two Republican Party factions controlled El Paso’s politics, and one of those factions enjoyed infl uence in Austin that modern day El Paso politicians can only envy. Senator Fountain became the Texas Senate Republican Leader after the Civil War, and one of the fi rst benefi ciaries of his new power was Gaylord Clarke, El Paso attorney and staunch El Paso of 1870 Episcopalian friend of Fountain. Gaylord Clarke rather than Ben Williams was appointed Newcomb to the court, fi lling the vacancy created as Judge of El Paso’s 25th District Court, which by Judge Clarke’s death. On February 3, the Texas enraged Williams. This anger came to a boiling Senate confi rmed his appointment with only slight point on the morning of December 7, 1870, at opposition. The fact that Newcomb did not reside Ben Dowell’s Saloon, when Ben Williams shot or had never been within 500 miles of El Paso was State Senator Fountain twice, wounding him. overlooked, as was his lack of U.S. citizenship. Ben Williams ran to his boarding house and Possibly no one else wanted the job. barricaded himself inside as Senator Fountain Judge Newcomb was born in Nova Scotia, limped to his residence to get his rifl e, return, Canada, and a subject of Great Britain in 1871. and even the score. After he left the bench, he did obtain U.S. Fountain ran into a stunned Judge Clarke who citizenship in 1875. A relative of his served as was briefl y told of the attempted assassination. Secretary of State under Governor Davis from Judge Clarke ordered several men standing nearby, 1870 to 1874, and Newcomb served under his including Lt. French of the Texas State Police, infl uence as Assistant Secretary of State, until his to join him as a posse and go arrest Williams for appointment to the 25th District Court in El Paso. attempted murder. All of the men were armed, Many in the Austin community warned Newcomb except Judge Clarke, who ordered Williams to to turn down the appointment because El Paso come out and surrender immediately. Williams W.W. Mills was desolate and dangerous, a poor dusty town defi ed the judge’s order and remained holed up in fi lled with gunfi ghters and gamblers. It took an his room for several minutes. The posse tried to lay wounded on the ground. Allegedly, Senator adventuresome spirit to hitch a team of horses to force the door open when Williams bolted out of the Fountain returned, rifl e in hand, in time to see a wagon and head across Wild West Texas. Near door shotgun in hand. The posse scattered except Judge Clarke fall. He claimed he hit Williams in Judge Newcomb almost lost his life for Judge Clarke who ducked behind a pillar, but the chest with a rifl e shot. and his scalp, but was able to avoid a small hostile came face to face with Williams. Clarke yelled Judge Clarke’s funeral was one of the grandest band of Apaches. at Williams, “Don’t you dare!” A remorseless in El Paso. A Juarez brass band and an honor When he was a child, Newcomb’s family Williams fi red a double blast into the Judge’s chest guard of local law enforcement offi cers and Texas moved to Texas where his mother died of yellow at point blank range killing him instantly. It was Rangers paraded down El Paso Street behind the fever and his grandmother raised him. In 1855 reported that Williams was so close to Clarke that casket. His close friend, Parson Tays, reminded the he left Texas to rejoin his father in Canada where the powder from the blast started the judge’s suit whole town of what a magnifi cent man had been he attended the fi nest schools and received his on fi re. The posse regained their courage, realizing lost by the vile act of his cowardly assassin. law degree. He trained with A.S. Hardy, a future Williams was out of ammunition, and opened fi re The vacancy on the 25th District Court was Prime Minister of Canada, and practiced law in on Williams hitting him several times. Lt. French not fi lled until February 1, 1871, when Governor Toledo, , before returning to Texas after his fi red the fi nal fatal shot into Williams’ head, as he Davis appointed 32 year old Simon Bolivar wife’s death. His world class legal talent stood

NOVEMBER 2007 7

out brilliantly in El Paso. Newcomb also brought Paso residents, almost every registered voter, was he was restored to public offi ce as both District effi cient and orderly court scheduling with him. presented to the Texas Legislature, through W.W. Attorney and State Legislator from Dona Ana Slow and irregular Court sessions were replaced Mills and A.J. Hamilton. Judge Newcomb County, regaining some of his lost dignity. with quick, orderly, and systematic hearings. was caught in a vicious local and state Upon his death in 1901, the New Court opened on the fi rst Monday of May 1871 wide Republican political gunfi ght. Bar highly praised Newcomb as a in San Elizario, the County Seat, and by the time Hamilton replaced Davis as pioneer lawyer and the longest session in memory of the court ended Governor, and the Radicals were public offi cial. in September, only one case remained pending defeated by the Conservatives In next month’s issue, I shall on Judge Newcomb’s docket. At the close of the throughout Texas. One of write Part Three of the article, “So session the lawyers drafted a resolution praising the first judicial casualties You Want to be a Judge?,” with Judge Newcomb’s competence, integrity, and was, the “Carpetbagger from the dramatic story of how Judge judicial demeanor. Canada,” Judge Newcomb. Howard, Luis Cardis, Father Newcomb, a Radical Republican, became In April 1874, the Texas Borajo, the Texas Rangers, and closely aligned with El Paso Radical Republicans Legislature removed him others became involved in what led by Senator Fountain. W.W. Mills, still angry for various acts of public has been called the San Elizario over his loss to Fountain in 1869, had reforged a corruption by a unanimous Salt War of 1877. new alliance with the Italian kingmaker Cardis, vote. The next day, Charles I would like to again give credit the volatile Father Borajo, and former Democrat Howard was appointed to replace to: C.L. Sonnichsen, author of Pass and Confederate attorney, Charles Howard. In a Newcomb. Few State Judges of the North, J. Morgan Broaddus, letter to the Secretary of State, Judge Newcomb have been treated so shabbily and Jr., author of The Legal Heritage of El complained that Mills, Howard, and Cardis unfairly as Judge Newcomb, but such Paso, W.H. Timmons, author of El Paso, Luis Cardis were getting illiterate Mexican-Americans to was the tough world of politics in Gordon R. Owen, author of The Two sign a petition charging Newcomb with all sorts Reconstruction Texas. Forced to move Albert’s Fountain and Fall, and noted El of crimes that were nothing but lies. To make to New Mexico, as was his local mentor, Albert Paso historian, Leon Metz, for their research, matters worse, Cardis allegedly hired a freed slave Fountain, Newcomb maintained a successful law upon which I have partly drawn in preparing to kill the Judge. The petition, signed by 250 El practice in Las Cruces. A lifelong Republican, this article.

EL PASO’S LEGAL HISTORY REVEALED How Civilization Consorted with El Paso Law Licensing in the Sage Brush and Chaparral Days

BY BALLARD COLDWELL SHAPLEIGH AND COLBERT NATHANIEL COLDWELL

merica, said Oscar Wilde, is the only country that went from barbarism to decadence without civilization in between. The beginning of the 19th century Aembraced a revolutionary, if not civilized, fi ve decades in El Paso to be sure. From 1800 to 1850, a tiny community isolated beyond belief is, as C.L. Sonnichsen writes, transformed into a well-known stopping place, fi rst for Santa Fe traders like W. M. Coldwell’s father and then for Forty-Niners and the U.S. Army. The orientation changes from the north-south direction of the Santa Fe-Mexico City axis to the east west routes of American commerce. By 1900, two years before the first bar banquet on January 13, 1902, there were about

Continued on page 8 Trading on the Santa Fe Trail in 1845

NOVEMBER 2007 8

fi fty lawyers (including Judge Crosby, to conjecture. As the audience heard at the only antebellum lawyer still around) the inaugural bar banquet that evening and some 10 law fi rms or partnerships in of Jan. 13, 1902 where it was explained town. In an address to the El Paso Bar by after-dinner keynote speaker W.M. Association in the late 1970s, James F. Coldwell ‘How Civilization Came to El Hulse said about the early lawyers of El Paso’ (corroborated by Judge Moody in Paso that “the most eccentric, no doubt, these pages in his ‘So You Want to Be a was W. M. Coldwell, whose conceit Judge?’ series): and peculiarities were legendary”. J.F. “District Judges died numerously, Hulse arrived and began practicing law suddenly and violently. We had six in fi ve in El Paso in 1929, about two years years. One signed another man’s name to after Coldwell’s death, so the hearsay a quitclaim deed, and an appreciative State basis of these comments may have been (it was an Austin jury that did it) gave him relatively fresh and not too embellished. board and lodging and variegated clothing These comments were repeated in Texas for a term of years in a retired institution; Lawyer: The Life of W.H. Burges, Hulse’s the next one was killed by a lawyer to book about his mentor and senior partner whom an ungrateful profession has denied a who had come to El Paso in 1889 because monument; another was impeached because of asthma. he was a Republican and was drawing a However, according to an intimate salary that a Democrat needed. Besides, friend quoted at Coldwell’s death in he was an unnaturalized Englishman who 1927, that friend being none other than wanted lawyers who didn’t have shirts, Major W. H. Burges, the most striking to wear horse-hair wigs and barrister’s thing about W.M. Coldwell was not gowns. Still another perished in the midst eccentricity or conceit, but “his powerful of an uprising and his successor was so and original mind with an insatiable horrifi ed by the terrors of his situation that thirst for knowledge of all history of all he temporarily lost the possession of his countries.” Personality aside, how W.M. faculties and thus became disqualifi ed for Coldwell became a lawyer at least offers a election to the Texas Legislature, to which glimpse into the process of law licensure he was condemned before he recovered in the sage brush and chaparral days. The keynote address delivered at the fi rst Bar Banquet in 1902 his senses.” Texas became the 28th state on Dec. 29, was published in the Lone Star Edition of the World’s Best 1845. While law licenses were not unknown Orations in 1923 The 1846 regulatory act also allowed before statehood in Spanish Texas and in an immigrating (or out-of-state) attorney the early days of the “Glorious Republic” applicant in open court. Then if the majority of to practice law in Texas if he was already of Texas, professional standards were raised to the committee and the court were satisfi ed with licensed by any court in the state from which a higher and more formal level with passage of the applicant’s credentials, he was granted his he emigrated. He was not subject to any “An Act to Regulate the License and Practice permanent license “the next day.” residency requirement but did have to prove of Attornies and Counselors at Law” on May If a temporary or permanent license was with satisfactory evidence to the judge of the 12, 1846 by the First Legislature of the State of granted by a district court, then the attorney Texas court to which he applied that he was a Texas. Like earlier law, this statute provided for could practice before any district or inferior man of good reputation for moral character. the issuance of both permanent and temporary court. If the license was issued by the Supreme In addition to these provisions, all licensees law licenses. Court, then the applicant could practice before were required to take an oath or affi rmation Any person desiring to become a practicing any court in the state. This provision was prescribed by the Constitution of Texas and attorney was initially required to obtain a abolished, though, in April 1873 by the passage administered by the judge or clerk of court. No certifi cate from a county court judge affi rming of a legislative act permitting an attorney to person convicted of bribery, perjury, forgery, that he had resided in the state for at least six practice before the appellate courts upon the larceny, or other felonies or treason could obtain months, that he was twenty-one years of age presentation of a license from a district court. a license to practice law, and conviction for or older, and that had a good reputation for Thus the district courts became in effect the these crimes was grounds for revocation of an “moral character and honest deportment.” This sole licensing agent of the state and remained attorney’s license, and these requirements have certifi cate was presented to a district judge so until 1903. been retained to the present day. or a Supreme Court justice, each of whom As the old saying goes, there are two kinds An interesting section of this first law- was empowered to issue a temporary law of lawyers: one who knows the law and one licensing statute provided that anyone attempting license that was valid for the remainder of that who knows the judge. But with so much to practice law in Texas without a license was specifi c term of court. If the applicant sought power over law licenses vested in the district liable to fi ne of from $50 to $500 - no small sums a permanent license, the judge would appoint courts, how confident were young lawyers in 1846! One half of the fi ne went to the county a committee of three or more lawyers to set a about the prospects of earning a license and treasury, and the other half went to whomever date upon which they could orally examine the pursuing a legal career? The answer is open informed the court of the violation!

NOVEMBER 2007 9

1874 Indictment Envelope LAW AND ORDER IN THE SAGE BRUSH DAYS Map of El Paso, 1886

Born in 1855, aspiring lawyer W.M. Coldwell District Court session at San Elizario and take he reported on the tedious, nerve-wracking, is described as a voracious reader (his ordinary the bar examination. intimidating and intense experience of sitting reading time was until two o’clock in the The three-member bar examination for a bar examination and obtaining his law morning), subscribed to periodicals, many in committee, which included Allen Blacker, license in the sage brush and chaparral days foreign languages, including French, German, treated him gently out of deference to his age in this way: Italian and Greek, and was teaching himself and his father’s status. His father told them “The fraternity had a keen eye for merit Portuguese at the time of his death, a habit to “give it to him” so they made a rigorous – they detected mine. I wonder why litigants he retained in the El Paso of the mid-1870s bombardment of diffi cult questions, all of which have not been equally discerning. It is true before the railroad, telegraph and electricity he answered in a “dull and unemotional way that one of the members of the examining arrived. At the Coldwell table with older with his arm laid over the back of his chair.” committee held offi ce under my father; another brother Nathaniel, according to youngest When they returned home that evening, Billy had borrowed $5 from me the day before (it was sister Mattie, there was what amounted to a said, “Mattie, tell mother that a man came home all I had – he asked for $10), and the third was regular law lecture with every meal. When with father and will be here for supper.” When a constitutional and skeptical misanthrope in his father Colbert Coldwell become Collector his mother Martha Coldwell was so informed the last stages of a mortal malady, who hated of Customs in El Paso in 1873, his father also she came in to see, “Where is that man--who this world and feared no other. But these practiced law on the frontier with older brother is he?” Billy indicated by tapping his chest and factors were not the basis of their report; at Nathaniel Colbert and they enjoyed a lucrative bowed to his mother, “Right here he is.” least, they did not mention them. It is a proof clientele. After the committee reported favorably for of the slowness of retribution, that two of these As a youth in El Paso, Billy (as his family licensure, his father had to arrange a special misguided men survived, apparently untroubled called him) hunted avidly supplying the family act of the Texas Legislature to remove his by conscience, for three or four years; the with rabbits and even ducks, which his mother disability and allow Billy to be a member of district judge did not live so long – and I never refused to serve because they tasted like fi sh, the bar because he was not yet 21 years old, knew his excuse.” and quail so numerous then that they were a legislative event not uncommon where the It has been said civilization is the art of living taken by net and the excess sold to Army licensing of young lawyers was concerned. in towns of such size that everyone does not families at Ft. Bliss. Eventually and maybe But on the occasion of the fi rst bar banquet know everyone else. The next part will examine inevitably because of parental anxiety, his early in the next century, from a perspective how that began to happen from one lawyer’s father suggested that Billy, then 18, attend a thirty years removed from those early days, perspective.”

This “Civilization” series was written in appreciation of the request of El Paso Bar President, the Hon. Robert Anchondo, to commemorate the 110th anniversary of the Bar Association with assistance and encouragement from Clinton Cross, for which the authors are extremely grateful. Besides family papers and diaries, the authors wish to acknowledge use of the following resources: Pass of the North-Four Centuries on the Rio Grande by C.L. Sonnichsen; The Legal Heritage of El Paso by J. Morgan Broaddus; Texas Lawyer; The Life of W. H.Burges by James F. Hulse; Ralph W. Yarborough, A History of Law Licensing in Texas, Centennial History of the Texas Bar: 1882-1982 (1981), and William Vincent Bryars, Lone Star Edition of the World’s Best Orations (Ferd. P.Kaiser Publishing Co., Chicago, Ill. 1923). This presentation also includes the creative work of others. This property is being used by permission or under a claim of “fair use” pursuant to 17 U.S.C. §107, and this presentation was created pursuant to fair use guidelines and further use is prohibited.

NOVEMBER 2007 10

EL PASO BAR 110TH ANNIVERSARY ASSOCIATION CELEBRATION reetings everyone, on October 20, 2007 the El Paso Bar Association celebrated its 110th Ganniversary with elegance and professionalism. I am so proud for being a part of a wonderful association which is dedicated for its honor, trust and leadership. The event was a success and I believe enlightened not only the legal community but also the general public with its legal history. As Bar President I want to personally congratulate and applaud the efforts for those who were in the planning stages from the beginning to the end and also want to thank those who were able to look at our rich legal tradition. Robert Anchondo

NOVEMBER 2007 11

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NOVEMBER 2007 12

SENIOR LAWYER INTERVIEW

BY CLINTON CROSS PATRICIA L. PALAFOX CROSS: Patricia, would you tell me a Paso ten years earlier to see the world and I interview this month Patricia little bit about your family background. thought I would never return. As many of PALAFOX: My connection to El us have found out, there is no place like Palafox. At one time, female Paso can be found in “history of El home, and I returned happily. Paso” books. My great great maternal Now I see the world from my home lawyers were a rare breed in grandfather Benigno Alderete lived in the base of El Paso. In the last few years I building that is now called the Alderete- have visited Africa twice, spent Christmas a male dominated profession. Candelaria home, where the Tigua Indian 2005 in Antarctica, cruised the Galapagos reservation is located. Alderetes were Islands, boated up the Amazon River When I interview a female heavily involved in local Ysleta politics where pink dolphins jumped out of the in the late 1800’s. My father’s family water, marveled at Machu Pichu in Peru, lawyer that even approaches immigrated from Mexico in the late visited with migrating whales up close at 1920’s. My paternal grandfather was their whale nursery in Baja , and “senior” status, I believe I am a doctor in Mexico who subsequently wandered the jungles of Costa Rica four opened a practice in El Paso. Thereafter, times. There are still so many places I interviewing a pioneer. my father and two brothers became want to visit. My friends at the courthouse doctors. I was the fi rst daughter to become greet me with, “So where are you going a lawyer, and now two of my sisters are this year?” lawyers. My maternal grandfather came from a long line of judges and lawyers in CROSS: If you love to travel and New Mexico, and when I was sworn into explore, you must also be an adventurer. the New Mexico bar in 1980, I was the What else about your character that you sixth New Mexico Armijo to be so sworn. might be willing to share with me? Currently a New Mexico relative is on the PALAFOX: I am also a tree hugging New Mexico Supreme Court. animal lover. When I saw the condition of our Animal CROSS: Where did you go to Control building eight years ago, I set out law school? to change the situation. We now have a PALAFOX: M y l e g a l lovely new building. Sadly, the situation career began in 1977 when for the animals there and at other shelters I enrolled in the University has not changed that much and we still of New Mexico School of kill 23,000 pets in El Paso as our form of Law with the intention of animal control. I am a member of several returning to El Paso. animal organizations working to better the situation for our pets and wildlife in CROSS: Was El Paso County. Besides still serving on that your original the El Paso City County Animal Shelter life plan, after Advisory Committee which I chaired graduating from for several years, I am a member of college? the Humane Society of El Paso and PALAFOX: the Chihuahuan Desert Wildlife Rescue I had left El Boards of Director. During baby bird season, I joyfully feed little baby birds at one of the certifi ed wildlife rehabilitators facilities. My proudest award was the Community Service Award given to me in 2003 by the El Paso Veterinary Association.

NOVEMBER 2007 13

CROSS: Tell me a little bit about your I spent several years as a Municipal Judge in El Paso, learning a legal career. lot about what being a judge means. Seven years later I decided PALAFOX: My legal career started in a traditional manner when I joined the labor to “get a life” and became General Counsel of Providence section of Scott Hulse Law fi rm in El Paso. I was the third woman lawyer to be hired by the Memorial Hospital. When it was sold in 1995 to Tenet fi rm. One year later I struck out on my own and Healthcare, I left to start a mediation practice, and twelve years opened my own law practice. After doing the usual criminal appointments and every other later, I am still enjoying resolving cases and receiving the grateful kind of case that came down the road, I ended up specializing in workers compensation and “thank-you’s” from lawyers and their clients. personal injury law in Texas and New Mexico. I spent several years as a Municipal Judge in El Paso, learning a lot about what being a the Year award I once received from the El Paso Paso. Now I go to Women’s Bar functions and judge means. Seven years later I decided to Bar Association. do not know many of the women lawyers. All “get a life” and became General Counsel of our benches have women, and women are not Providence Memorial Hospital. When it was CROSS: Do you feel like you were a seen as a rarity when they enter a courtroom. sold in 1995 to Tenet Healthcare, I left to start a trailblazer in your profession? mediation practice, and twelve years later, I am PALAFOX: Typical of any woman’s CROSS: I forgot to ask you, but I’d like still enjoying resolving cases and receiving the attitude regarding divulging her age, I would to know: Why did you go to law school in the grateful “thank-you’s” from lawyers and their like to say that although I am a senior lawyer, I fi rst place? clients. I am also a Hearing Offi cer for the City am not that old but the fact that women did not PALAFOX: Like all lawyers, I entered of El Paso’s Civil Service Commission and the start entering the law area until fairly recently, the practice because I wanted to make the Texas Education Agency. My practice allows makes me one of the “senior” attorneys. When world a better place. One day my dream will me to travel to exotic places without worrying I started practicing in El Paso, all the women be achieved when someone says “what ever about answering summary judgment motions lawyers knew each other, and went out together happened to Patricia Palafox?,” and the answer or getting ready for trial. several times a week. There were no women will be: “She is off somewhere in Africa saving By the way, I am proud of the Mediator of District Judges, much less Federal Judges in El the elephants.”

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NOVEMBER 2007 14 Character really does count! BYJUDGE OSCAR G. GABALDÓN, JR. sound judgment. Fairness incorporates open- Character cannot be mindedness, sharing, active listening, and developed in ease and quiet. attention to the plight of others. Caring includes Only through experience kindness, compassion, gratitude, forgiveness, of trial and suffering can and helping those in need. Citizenship centers the soul be strengthened, on cooperation, involvement in the community, ambition inspired, and staying informed, being neighborly, respecting success achieved.”1 These refl ective words give the rule of law, respecting authority, and us a glimpse into the mind and soul of Helen protecting the environment. Character, Keller, a woman that has uplifted the hearts of therefore, involves these six core ethical values many, both young and old. She not only taught and much more. that character is the strength inside of us, she Developing one’s character is something demonstrated that throughout her life. She did that calls for a conscious effort. “You cannot this by daring us to encounter obstacles with dream yourself into a character; you must dignity and an unwavering commitment to doing hammer and forge yourself one.”7 Everyone has what is right in spite of the temptation to simply an obligation to diligently exert attention and succumb to conformity and mediocrity. effort in forging one’s own traits of character. John C. Maxwell speaks about people that are This is an ongoing process that entails vigilance character-driven versus those that are emotion- and constant regulating in order to develop driven.2 He states that while character-driven Often times, a lack of solid character is at the one’s best possible character. Some have people do right, then feel good, emotion-driven core of such an occurrence. Abraham Lincoln described this process as follows: Character people feel good, then do right. He also notes knew all too well that nearly all men can stand fi rst starts with our thoughts, for our thoughts that character-driven people are commitment adversity, but he believed that if you want to become our actions. Our actions become our driven, while emotion-driven people are test a man’s character, you give him power. This habits. Habits lead to character. Character convenience driven. Character-driven people is one very reliable way to discover a person’s determines our destiny. make principle-based decisions, while emotion- character. When holding a position of power, Abraham Lincoln eloquently and poetically driven people make popular-based decisions. one’s character can be nakedly revealed. provides a thoughtful insight into the essence of With character-driven people, it is action that The lack of a strong character foundation character by stating: “Character is like a tree and controls attitude. With emotion-driven people, leads some into chaos. Thus, Maxwell regards reputation is like its shadow. The shadow is what attitude controls action. Character-driven strong character as the key to a lasting success. we think of it; the tree is the real thing. I desire people create momentum, whereas emotion- He reminds us that while charisma may open so to conduct the affairs of this administration driven people wait for momentum. Even in the the door to opportunity and ability may get you that if at the end, when I come to lay down the form of their questions, one can sometimes spot to the top, it is character that keeps you there. reins of power, I have lost every other friend on the character-driven person from the emotion- “Character is the anchor of life.”4 This anchor earth, I shall at least have one friend left, and that driven person. For example, character-driven is strength. “When you don’t have strength friend shall be down inside me.” These words people tend to focus on questions such as “What within, you won’t have respect without.”5 of wisdom are quite revealing, for it is character are my responsibilities?” while the emotion- Lacking the kind of strength that only character that ultimately counts. Simply put: “A man’s driven people will ask “What are my rights?” can provide diminishes one’s stature as a person character is his fate.” 8 Maxwell further observes that while many that is value-based in life. leaders are alike in their promises, they will many Ethical values are at the heart of character. 1 Quote from Helen Keller (1880-1968). times differ in their character. One’s character is Trustworthiness, respect, responsibility, 2 Maxwell, John C. Maximum Impact: Developing defi ned by who we are. Who we are is largely fairness, caring, and citizenship are the the Leader within You. a matter of choice. Moreover, character is built six pillars of character.6 Trustworthiness 3 Based on a comment by John Luther. little by little, a piece at a time. The parts include entails honesty, courage to do the right 4 Quote from John C. Maxwell. thought, choice, courage and determination.3 thing, reliability, and loyalty. Respect calls 5 Ibid 6 “The Six Pillars of Character.”http://www. Since individuals are limited by the parameters for tolerance, consideration, good manners, charactercounts.org/defsix.htm of their character, we many times will witness and peaceful approaches. Responsibility 7 Quote from James A. Froude (1818-1894). very successful people come to a point where involves perseverance, self-control, self- 8 Heraclitus (540 B.C.-480 B.C.). “On the they can no longer function as successfully. discipline, accountability, thoughtfulness, and Universe.”

The El Paso Bar Association’s Bar Bulletin is proudly designed and published by DEL PUEBLO PRESS, INC. We are located on 203 Mills in the historic Cortez Building in . Contact us at (915) 545-1598 or [email protected].

NOVEMBER 2007 15

EL PASO’S LEGAL HISTORY REVEALED The Internment of Mexican Troops at Fort Bliss in 1914 BY BRITTANY BUTTERFIELD 1914. Mexicans interned at FT Bliss after their escape hen 3,500 Mexican troops across the Rio Grande invaded theUnited States

in 1914, it turned Ft. Bliss IBRARY into a temporary internment L

campfor the 1,500 Mexican UBLIC Wmen, women and children (and assorted farm P ASO

animals)who accompanied the troops. In the P L months that followed, the post’s offi cersof the E OF Army Judge Advocate General Corps, or “JAG,” soonbecame Constitutional

Law experts (yes, they must be fed and sheltered) OURTESY anddrew national attention, with a story in the C HOTO

New Yok Times. P Ft. Bliss’ JAG office is, forthe most part, tasked with handling the personal legal issues of of the trains as follows: maintain the health and sanitation of the camp. individualsoldiers. The 1914 internment exemplifi es They also had to determine the appropriate level the JAG’s ability to also giveadvice on military When the ten trains arrived today with the refugees, of discipline camp officials could give to the matters that can have far-reaching diplomatic andlife- bound for the military reservation at Fort Bliss, each refugees to ensure that the offi cials’ orders were or-death consequences. Forces of the Mexican Army train was run into the camp on a spur. The unloading followed. The JAGs determined that the interned Division of the North, led by General Salvador presented an animated scene. With the women and civilians could be required to work doing whatever Mercado, crossed into the United States at Presidio, disarmed soldiers there tumbled off dogs and fi ghting tasks were reasonably necessary to maintain the Texas. The Division consisted of 3,500 soldiers, and cocks saved from the battle of Ojinaga, and lovingly sanitation of the camp. They also explained that was accompanied by approximately 1,500 civilian carried on the long march. One family even unloaded the camp offi cials could discipline the civilian men, women, and children. All 5,000 people were a burro still packing with domestic utensils. within reason but cautioned that, for the most part, arrested by the United States troops. As a result of disciplinary action should be left to the Mexican this incident, the JAGs were called to resolve a host Once the group settled into the camp at Fort Bliss, offi cers who were also detained in the camp. These of legal questions. One prominent issue was what more legal questions emerged. One issue concerned legal problems refl ect some of the issues facing obligations under international law the United States the status of the civilian refugees. Captain George both the JAGs advocates and the legal system owed to the Mexican troops and civilians who had Estes of the 20th Infantry, writing in the Infantry during the three-month period of internment at Fort crossed the border. The military lawyers determined Journal wrote that General Mercado “was informed Bliss. Ultimately, the fi ve thousand civilans were that, under the Hague and Geneva Conventions, the that the status of himself, his offi cers and troops, moved to Fort Wingate in New Mexico. United States has to intern the troops and provide was that of interned belligerents in neutral territory, This recollection demonstrates how JAGs them with basic necessities. as provided for in the Hague Convention.” The stationed at Fort Bliss have addressed prominent Another pressing legal question before the civilians, however, did not share the troops’ status . legal issues in the past, and continues to resolute legal Judge Advocate General Corp was what to do with Thus, it was unclear whether or not they would be issues today. Their contributions to the El Paso legal the 1,500 civilians who were arrested along with allowed to leave the camp, which was surrounded community continue to be of utmost importance. the Mexican soldiers. The JAGs determined that by a barbed wire fence. Initially, the United States although international law did not dictate what was prepared to allow the civilians to leave, but an Bibliography Estes, George H. “The Internment of Mexican should be done with the accompanying civilians, it outbreak of smallpox forced a quarantine of the Troops in 1914.” Infantry Journal. 11.6 (1915): 766. would only be proper to keep them with the troops. A camp. As a result of the forced quarantine, a petition “Mercado Blames Orozco.” New York Times. 21 New York Times article published in 1914 points out, for a writ of habeus corpus was brought against the Jan. 1914. “[A]s a matter of humanity, the offi cials here hold United States government by the El Paso law fi rm “Mexican Refugees Won’t Be Sent Back.” New York that there is no escape from the course that is being Walthall and Gamble on behalf of those interned. Times. 13 Jan. 1914. followed. To turn back the refugees would probably In addition to the legality of the internment itself, Brittany Butterfi eld is a legal intern for United mean to deliver them for summary execution.” legal questions also arose regarding the logistics States District Judge Philip R. Martinez. She will Consequently, the entire group was relocated by of running the camp. The JAGs had to resolve graduate from UTEP this spring, with a bachelor’s train to a camp prepared for them at Fort Bliss. An whether or not the refugees could be required to degree in British and American Literature. She article in the New York Times described the arrival work in the camp, performing tasks necessary to plans on attending law school after graduation.

NOVEMBER 2007 16

EL PASO’S LEGAL HISTORY REVEALED TEXAS’ FIRST CONVEYANCE (TOMA DE POSESIÓN) AND RECORDED LEGAL DISPUTE BY TOM DIAMOND In the presence of the captain of this his account is about the fi rst known company, some soldiers, and other people conveyance of land in what is now who are citizens of this pueblo, and with the the State of Texas. It is also about attendance of my secretary of government and the oldest recorded resolution of a war, on the patio before the door of the pueblo’s legal dispute in what is now Texas. church, called Corpus Christi de los Tiguas, I, TheT events leading to these actions began with the governor and captain general, led the very the Pueblo Revolt. reverend father, fray Joaquín de Hinojosa, On August 10, 1680, the Pueblo Indians of president of this holy custody and ecclesiastical New Mexico revolted against Spanish rule led judge in capite, by the hand through the door by a Cacique (Chief) named Pope from the San of the church and gave him possession of it. Juan Pueblo.a The Spaniards fell back to Santa He took it de facto and de jure for himself, as Fe and Isleta Pueblo (English spelling) south of head of this holy custody and in the name of present day Albuquerque. On September 18, his holy Order. Walking through the church, he 1680, the retreating Spaniards along with Indian saw on its high altar the depictions of images captives arrived at Las Salineta (present day and saints, the cloths, and the cross, moving Canutillo, Texas).b By the end of the year the them in sign of possession. In like manner, Indians had been relocated at three camps which I led him by the hand through the door of its are now on the north side of the Rio Grande River sacristy, where he examined some vestments in Texas, which eventually became Socorro, and other furnishings of the church’s use. He Ysleta and Senecu Pueblos. At this time, there The conveyance from De went out into the church again and examined were no Spanish settlers living north of the Rio the baptismal font and removed and then Grande, but instead the Spaniards and the local Vargas to Hinojosa is the fi rst replaced the lid as a sign of possession. He missionary Indians all lived south of the river at received possession quietly and peacefully, the Guadalupe Mission in El Paso (present day known conveyance of land in gainsaying nothing. Juarez, Mexico). El Paso became the capital of what is now the State of Texas. New Mexico with Governor Otermin presiding “At the door of its convento, he asked me at the site of the Guadalupe Mission.c The Viceroy’s decision in the for possession, and in the presence of the On November 5, 1681, Governor Otermin set customary witnesses and my secretary of out from El Paso with Spanish troops and Indian dispute between De Vargas and government and war, I led the reverend father auxiliaries to reconquer New Mexico, but was president by the hand and, in his majesty’s repulsed. The Spaniards reconnoitered north as Hinojosa is the oldest known name, gave him possession of it both de facto far as Cochiti Pueblo where they encountered resolution of a legal dispute in and de jure, which he took for himself, as head large forces of hostile Indians. The Spaniards of this holy custody, and in the name of his decided to return to El Paso, taking with them what is now the State of Texas. holy Order quietly and peacefully, gainsaying the remaining Tigua Indiansd at the Isleta Pueblo nothing. He walked through the cloister, (New Mexico).e During 1682, the three Indian entering and leaving the cells of the convento Pueblos were assigned locations with the centers and its workrooms, opening and closing the of the Pueblos all located on what is now the north “In the pueblo of Ysleta of this district of doors as a sign of possession, which I gave in side of the Rio Grande River in Texas. El Paso in the kingdom of New Mexico on 19 his majesty’s name, as is stated, to the reverend On June 18, 1688, Don Diego de Vargas Zapata May 1692, I, the governor and captain general, father. Luján Ponce de León became the Governor of have come to carry out the general inspection, New Mexico with offi cial offi ces in El Paso.f On which is my responsibility, and as his majesty, “Having come out to the patio of the May 19, 1692, De Vargas placed Fray Joaquín the king our lord, so orders me. The very convento and church again, I stated in a loud de Hinojosa in charge of the Mision de Corpus reverend father, fray Joaquin de Hinojosa, and clear voice that I also gave and indicated to Christi de Los Tiguas at Ysleta del Sur (present president of this holy custody, in compliance the reverend father president in his majesty’s day Ysleta, Texas).g On this day the Governor with the proceedings I provided on 16 and 17 name, the possession of 4 fanegas of land for went to the site of the Ysleta Mission and placed May of the present year, asked me to give him wheat and 1 for maize, as well as the land Hinojosa in possession of Mission Facilities. the possession contained herein and reviewed required for a garden and planting the other He reported:h by me, the governor and captain general. foodstuffs, beans, and squash, as they see fi t.

NOVEMBER 2007 17

It is by declaration that I gave him possession the Governor refused. This continued a long Subsequently in 1751, the Governor Cachupin and indicated the land in his majesty’s name, pattern of contest between Civil and Ecclesiastic granted land to the three Indian Pueblos Senecu, with the stipulation that the citizens and authorities over control of Indian Lands, Labor, Ysleta and Socorro. These grants are the source Indians must be given preference, both in and Profits. An acrimonious exchange of of all legal title in the Socorro and Ysleta Grants terms of the richness and quality of irrigated documents followed with the Governor fi nally of El Paso County. The portion of the Senecu land, with the water from the acequia for revoking all prior allocations of land to the church Grant lying north of the Rio Grande, following irrigation to ensure the harvest, as specifi ed and refused to grant custody of the Indian lands the Treaty of Guadalupe Hidalgo (1848), became in the preceding possession I order kept, to the church.i part of the Ysleta Grant pursuant to an act of the complied with, and carried out, according to In retaliation, Hinojosa threatened to Texas legislature.k the proceedings expressed in it. So that the excommunicate the Governor and the dispute The conveyance from De Vargas to Hinojosa possessions in this pueblo of Ysleta of the was referred to the Viceroy for settlement. is the fi rst known conveyance of land in what is church, convento, land, and everything else The Viceroy’s fi scal (legal advisor) delivered now the State of Texas. The Viceroy’s decision contained in theses proceedings of possession an offi cial opinion supporting the Governor’s in the dispute between De Vargas and Hinojosa that took place in the presence of the witnesses position:j is the oldest known resolution of a legal dispute and persons contained herein may be of “The fi scal states in the matter of looking in what is now the State of Texas. record, I signed it on the said day, month, out for the Indians, the missionary fathers are and year with my secretary of government not their sole protectors; rather any Spaniard and war. can ask for what would benefit them, and (Endnotes) a. Twitchell, History of New Mexico 1963 Vol. 1 Pg. 356 et. Seq. the Governor should execute it as principal b. Heckett, The Pueblo Revolt, 1942 I c.l..l..f..f. Don Diego de Vargas Zapata Lujan Ponce protector, looking in the fi rst place to their c. Hughes, The Early Spanish Beginnings of El Paso, 1914:317 de León comfort and then that of the Spaniards and other d. Tigua is the Spanish spelling of Tiwa a division of the Tanoan Language Family. Before me, inhabitants. Even though land is distributed to e. Hughes, The Early Spanish Beginnings of El Paso, 1914:320 Juan Páez Hurtado the Pueblos in accordance with the ordinances, f. Espinosa, 1940:30 Secretary of Government and War” aside from this, if so happens that the Spaniards g. Fewks, 1902:60 h. Hendricks, Archives, Vol. 1 Pg. 149 are as guests until with your Excellency’s favor, i. Reeve, History of New Mexico, Pg. 287 Fray Hinojosa requested additional assignments New Mexico is pacifi ed . . .” j. Hendricks, Ysleta del Sur Pueblo Archives Vol. 1 Pg. 152 of land to hold for the benefi t of the Indians, which k. Relinquishment Act of January 31, 1854.

EL PASO COUNTY DISPUTE RESOLUTION CENTER MEDIATION: Federal, District, County Court-Ordered or Attorney-Referral Cases, Civil, Family and Probate To schedule daytime or weekday at 6:00 p.m. contact: Gloria @ 546-8189 or Patricia @ 533-4800 x 133 No fee for Civil or Probate cases Family Case fee: $100.00 per spouse STEVEN C. JAMES SAVE THE DATE RESOLVING DISPUTES THROUGH Nov. 16 through Dec. 8, 2007: MEDIATION OR ARBITRATION Assistant Texas Attorney General Jim Daross will be acting in “Musical Comedy Murders Board Certifi ed in both Civil Trial Law and Consumer and Commercial Law by the Texas Board of 1940,” being presented at the El Paso Play- of Legal Specialization house, 2501 Montana. 521 Texas Ave.El Paso, Texas 79901 (915) 543-3234 (915) 543-3237 – Fax [email protected]

NOVEMBER 2007 18

ASSOCIATION NEWS I El Paso Women’s Bar Association I The El Paso Women’s Bar Association will have its next meeting on Thursday, November 1, 2007 at 5:30 p.m. at The Original Jaxon’s on Mesa and Castellano. Join us for a presentation by Captain Claudine Andola, Seniro Trial Counsel at Ft. Bliss, who will speak on Women in the JAG Corps. For more information, please contact Diana Valdez at [email protected] I The El Paso Women’s Bar Association will be having its December meeting on Thursday, Decemeber 6, 2007 at noon at the Original Jaxon’s. Join us for a judicial panel discussion on professionalism. Free CLE!!! I El Paso County Legal Support Association I The El Paso County Legal Support Association will conduct a Chinese Auction benefi ting a local charity instead of its monthly education meeting on Friday, December 14, 2007 at noon at the El Paso Club, 201 E. Main, 18th Floor. Cost of the buffet lunch is $14.00. For information or reservations, please call Terry Schoemer-Castillo at 533-4424. I Federal Bar Association I Supreme Court Review Professor Erwin Chemerinsky Alston & Bird Professor of Law and Professor of Political Science at Duke University I Don’t miss this unique opportunity to hear one of the preeminent legal scholars in the nation. Friday, November 2, 2007, 12:00 noon, El Paso Club, Chase Bank, 18th Floor. 1.5 hours of MCLE. Sponsored by the El Paso Chapter, Federal Bar Association I Mexican American Bar Association I MABA will hold its general membertship meeting on November 2, 2007 and December 7, 2007, at noon in room 306 of the El Paso County Courthouse. Dues are $50 with a discounted rate of $35 for government lawyers and lawyers who work for non-profi ts. For information on membership, please call Michael Wyatt at 544-0100. I Immigration Section I The El Paso Bar Association Immigration Section will meet on Thursday, November 1, 2007 at 4:00 p.m. at 2400-A E. Yandell, If you have an interest in join the Immigration Section, please come to this meeting or if you have any question please email Danny Razo at [email protected] I Coming in November: Please submit an Immigration question to the El Paso Bar Association Immigration Section and a member of the section will try to respond to the most common questions in the Bar Journal. I SAVE THE DATE: Friday, January 25, 2008. All day Immigration Training Seminar by the El Paso Bar Association Immigration Section. For more information contact Danny Razo at 881-7177 or [email protected] I Probate Bar Association I On behalf of the El Paso Probate Bar Association, Statutory Probate Courts #1 and #2, El Paso Young Lawyers and Judge Ruben Lujan, J.P. #6 and his staff, we wish to sincerely thank those attorneys, court employees, legal staff, notaries, professional fi duciaries and many volunteers who graciously donated their time on Saturday, September 29, 2007 at the jointly sponsored Wills Clinic in Clint, Texas. Over 85 wills and directives were prepared for El Paso County citizens. I El Paso Young Lawyers Association I EPYLA announces its First Annual Comedy Night to be held at Bart Reed’s Comic Strip on Thursday, November 8, 2007 . Skits will begin at 7:30 p.m. and the comedy show will begin at 8:00 p.m. Tickets are $30 per person. Law Office of David Wilton I T h e E P Y L A m o n t h l y 15 Boardman Place, 2nd Floor meeting will be on Wednesday, San Francisco, CA 94103-4727 November 14, 2007 at noon at the (415) 503-0783 Commissioner’s Courtroom, El http://www.davidwilton.com/ Paso County Courthouse. We will Criminal, Juvenile, Civil Forfeiture have a CLE presentation by Cori Your local of-counsel throughout California Harbour on Legislative Updates Licensed in California and Texas in Criminal Law. This CLE is free and bring your lunch.

NOVEMBER 2007 19

NOVEMBER 2007 20

El Paso Bar Association Join us for a Weekend of Fun & Education 12TH ANNUAL CIVIL T RIAL SEMINAR February 15 & 16, 2008 Paris Hotel and Casino. Las Vegas,

Speakers will include Mayor Oscar Goodman who will be our Welcome Speaker on Friday, February 15, 2008.

If you are interesting in playing in a golf tournament of February 14, 2008, please let us know as we are work- ing with a Las Vegas attorney to set up a tournament.

Our block of rooms will be available beginning on February 14th so, celebrate Valentine’s Day and then come to the seminar.

Make your reservations by calling 1/888/266-5687 and giving them our room reservation code - SPEPB8 or tell them you are with the El Paso Bar Association group.

The room rate is $199 plus tax per night. If you check online at Southwest Airlines and USAir/America West you will fi nd some good airfares to Las Vegas.

EL PASO BAR ASSOCIATION PRESORTED 500 E.San Antonio L-115 STANDARD El Paso, Texas 79901 U. S. POSTAGE (915) 532-7052 PAID (Address Service Requested) EL PASO, TEXAS PERMIT NO. 2516

Congratulations to El Paso Bar Association NABE Communications Section Luminary Award EXCELLENCE IN WEBSITE-SMALL BAR NOVEMBER 2007