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April / May 2011

Justice Schulte Judge Berliner Willie Farah EL PASO vs. THE WORLD How an El Paso manufacturer brought the lending world to its knees By Stephanie Townsend Allala Page 7

Senior Lawyer Interview Law Day Event

Judge Charles StorytellersPage 22

ByR. Clinton Schulte Cross Page 15 April/May 2011 W. Reed Leverton, P.C. Attorney at Law • Mediator • Arbitrator Alternative Dispute Resolution Services

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April/May 2011 3

THE PRESIDENT’S PAGE

State Bar of Texas Award of Merit The Year of the Storyteller 1996 – 1997 – 1998 – 1999 2000 – 2001 – 2006-2010 Do not tell fish stories where the people know you, Star of Achievement 2000 - 2008 - 2010 but particularly, don’t tell them where they know the fish. State Bar of Texas Mark Twain Best Overall Newsletter – 2003, 2007, 2010 Publication Achievement Award 2003 – 2005 – 2006 – 2007 – 2008 - 2010 NABE – LexisNexis Community o whopper fish stories to tell here because you all know the fish! You & Educational Outreach Award 2007 - 2010 should know, though, that the El Paso Bar Association will be rec- Chantel Crews, President ognizing some big fish in the legal profession and in the community. Bruce Koehler, President-Elect Judge Maria Salas-Mendoza, Vice In the next few months, we willN honor our past, celebrate our present, and look forward to the future. President Randolph Grambling, Treasurer Starting with the celebrating the future, congratulations to the Mock Trial team from Americas High Laura Enriquez, Secretary School for winning the 32nd Annual Texas High School Mock Trial Competition in Dallas! These very Carlos Eduardo Cárdenas, Immediate Past President talented and smart young people, Enrique Esparza, Edwin Felix, Zach Fields (Texas Top Advocate), Joshua Monarez, Nayell Palomino, Jacob Parsont, Texas Quezada, Chris Ramos, Savannah Rappe, and Annabella 2010-2011 Bo a r d Me mb e r s Francisco “Paco” Dominguez Tarango, were coached and mentored by Teresa Candelaria, District Attorney Jaime Esparza, and Assistant Judge Eduardo Gamboa District Attorney Robert Almonte. The team, the first from El Paso to win at the state level, will compete Cheryl Lay Davis at the National High School Mock Trial Competition in Phoenix, Arizona on May 5-7, 2011. The El Judge Tom Spieczny Paso Bar Association will honor these students and their coaches at the May 10 monthly meeting. Please Donald Williams send them your very best in anticipation of the National competition! Teresa Beltran Chris Borunda Judge Linda Chew Skipping to celebrating the past, we are also nearing the Centennial Celebration for the Eighth Court Mark Dore of Appeals! Articles in this edition of the Bar Journal include information on the history of the Court of Myer Lipson Appeals, and the June Bar Journal will be dedicated to the Centennial Celebration of this venerable court. Denise Butterworth Kenneth Krohn Mark your calendars now for a special celebration of the court’s 100 years on Saturday, June 11. Ray Martinez Alberto Mesta Now to the present (mixed with a little past and future). On May 1, we celebrate Law Day and reflect Jennifer VandenBosch on the role the law and legal profession has played in the foundation and continuation of our country. Two Ex-o f f i c i o s events will help us celebrate Law Day and our profession. SBOT Director, District 17 EPYLA, MABA, EPWBA, ABOTA, FBA, EPPA, El Paso Bar Foundation On May 10, the Law Day awards will be presented at the EPBA monthly luncheon. Those who have made a difference in the legal community and legal profession and who were nominated by their peers Executive Director Nancy Gallego will receive well-deserved awards for their service to the legal profession. Please come celebrate the great Editorial Staff accomplishments of your colleagues! Clinton Cross, Editor Stephanie Townsend Allala And last, but not least, the EPBA’s Law Day celebration will take place on Saturday, May 7 at the Scottish Judge Oscar Gabaldon Rite Temple Theater. This exciting event benefitting the El Paso Bar Foundation will be the culmination Donna Snyder of The Year of the Storyteller and will truly be an experience unlike any other. Three famous and success- “The El Paso Bar Journal is a bi-monthly publication of ful singer/songwriters are set to come to El Paso to perform their very famous songs and share the stories the El Paso Bar Association. Articles, notices, suggestions behind their music. This unique performance should be a great way to celebrate Law Day and the legal and/or comments should be sent to the attention of Nancy profession, raise money for the El Paso Bar Foundation, and swap some stories while we’re there. Tickets Gallego. All submissions must be received by the Bar office on or before the 10th day of the month preceding are on sale now, but only a limited number are available. See the story on page 22 and the back cover for publication. Calendar listings, classified ads, display more information on the event. ads, and feature articles should not be considered an endorsement of any service, product, program, seminar The past, present, and future of our profession collide in the next few months – you know the fish in this or event. Please contact the Bar office for ad rates. Ar- pond….be sure to be at these great events so you can share the stories! ticles 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.” Chantel Crews, President

April/May 2011 4

E l Pa s o Ba r As s o c i a t i o n April Bar Luncheon Tuesday, April 12, 2011 El Paso Club l 201 E. Main, 18th Floor, Chase Bank - $20 per person, 12:00 Noon

Guest Speaker Judge Patrick Garcia and Maggie Morales-Aina who will speak on “Mental Health Issues: Resources and Attorney Obligations” Approved for ½ hour of Participatory Ethics Please make your reservations by Monday, April 11, 2011 at noon at [email protected] or [email protected]

E l Pa s o Ba r As s o c i a t i o n May Bar Luncheon Tuesday, May 10, 2011

El Paso Club l 201 E. Main, 18th Floor, Chase Bank - $20 per person, 12:00 Noon Law Day Awards will be presented

Please make your reservations by Monday, May 9, 2011 at noon at [email protected] or [email protected]

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.

April/May 2011 5 CALENDAR OF EVENTS PLEASE NOTE: Please check the Journal for Ap r i l , 2011 Ma y 2011 all the details regarding all above listed events. If your club, organization, section or committee Friday, April 1 Tuesday, May 3 would like to put a notice or an announcement EPBA Office Closed EPBA Board Meeting in the Bar Journal for your upcoming event or Cesar Chavez Day Saturday, May 7 function for the month of June, 2011, please have the information to the Bar Association office by Tuesday, April 5 The Storytellers Friday, April 22, 2011. In order to publish your EPBA BOD Meeting Presented by EPBA information we must have it in writing. WE WILL Tuesday, April 12 Tuesday, May 10 MAKE NO EXCEPTIONS. We also reserve the EPBA Monthly Luncheon EPBA Monthly Luncheon right to make any editorial changes as we deem Thursday, April 21 Law Day Awards to be presented necessary. Please note that there is no charge for EPPA Monthly Luncheon Wednesday, May 11, this service: (915) 532-7052; (915) 532-7067-fax; [email protected] - email. If we do not re- Friday, April 22 Swearing in Ceremony ceive your information by the specified date please EPBA Office Closed Thursday, May 19 note that we may try to remind you, but putting Good Friday EPPA Monthly Luncheon this journal together every month is a very big task Saturday, April 23 Monday, May 30 and we may not have the time to remind you. So Law Day Chess Tournament EPBA Office Closed please don’t miss out on the opportunity to have Sunday, April 24 Memorial Day your event announced. Easter Sunday

El Paso Bar Association Law Day Fundraiser for El Paso Bar Foundation

Storytellers Saturday, May 7, 2011 * Scottish Rite Temple Theater

Save the Date SATURDAY, JUNE 11, 2011 Ce n t e n n i a l Ce l eb r a t i o n Eighth Court of Appeals

April/May 2011 6 The Chief Justice of Texas visits El Paso In honor of Black History Month By: To d d K. Hu l s e y Chief Division Counsel of the El Paso Division of the FBI.

February was designated predecessors, Joe R. Greenhill, In telling part of his own story, by Congress as Black History then an assistant state attorney Chief Justice Jefferson discussed Month. In its honor, the 28th general, represented Texas in the his being the descendant of a slave

chief justice of Texas, Wallace case. Thurgood Marshall, the who was owned by a Waco, Texas Huizar Lionel Photos: B. Jefferson, visited employees NAACP attorney who would go judge before the Civil War. When of the FBI and DEA here in El on to become the first African- war broke out, that judge, N.W. Paso where he delivered remarks American justice on the U.S. Battle, left Texas to fight with titled, “A slave, a battle, and the Supreme Court, was opposing Robert E. Lee, winning several promise of America.” He was counsel representing Heman commendations from him. After Texas Chief Justice accompanied to El Paso by his Sweatt. the war and upon his return to Jefferson staff attorney, Rachel Ekery, a Heman Marion Sweatt was an Texas, Battle resumed his judicial native El Pasoan. African-American applicant to duties. His former slave, Shedrick Upon the departure of the University of Texas School Willis, was, of course, now a then-Justice Alberto Gonzalez of Law, who was turned down freeman. to Washington, Chief Justice for admission to the school on Shedrick Willis didn’t let Jefferson was appointed as a the basis of race. Sweatt sued being a former slave deter him justice on the Texas Supreme the State of Texas, which in form success. He became an Court by Governor Rick Perry in accordance with the then-existing accomplished Waco, Texas Chief Justice Jefferson with March 2001, making him the first doctrine of “separate but equal,” businessman. He also went on his staff attorney, Rachel African-American Texas supreme established a separate law school to serve two terms on the Waco Ekery, a native El Pasoan. court justice in history. He was for African-Americans in Austin, City Council. The community elected state-wide to a full term Texas (which was later moved to leader who endorsed him for in November 2002. Houston). Sweatt continued his election? None other than Judge Upon the retirement of Chief lawsuit against Texas, and after N.W. Battle, who once owned Justice Thomas R. Phillips, winding its way through the Texas him. Chief Justice Jefferson noted Governor Perry nominated Justice courts, landed in the U.S. Supreme the social progress made over the Jefferson as chief justice in 2004. Court. last 150 years in America. He Justice Jefferson’s nomination NAACP attorney Thurgood himself, descending from a man was unanimously confirmed by Marshall and Assistant Texas once owned as a slave by a Texas The Chief Justice addressing the Texas Senate during the next Attorney General Joe Greenhill judge, is now the highest-ranking FBI and DEA employees at legislative session, making him squared off in the Supreme Court. judge in the State of Texas. the El Paso Federal Justice the first African-American chief Greenhill, while not himself a Joe Greenhill went on to Center. justice of Texas. He was elected segregationist, dutifully argued become the longest serving to fill the remainder of the term in that Texas was following the law chief justice in the history of the November 2006, then re-elected to of the land when it established a Texas Supreme Court. Thurgood a full term in November 2008. separate law school for African- Marshall went on to become the During Chief Justice Jefferson’s Americans. Marshall argued that first African-American justice remarks, he recounted two stories, the doctrine of “separate but equal” on the U.S. Supreme Court. Joe one noteworthy to the nation, the was patently unconstitutional. Greenhill and Thurgood Marshall other to his family, and to Texas, The U.S. Supreme Court agreed, became friends during Sweatt v. 5. The Chief Justice with history. Recounting the case of and overturned its own precedent Painter, remaining so until Justice Texas Ranger Roger Dixon. Sweatt v. Painter, the profound established in Plessy v. Ferguson, Marshall’s passing. 1950 U.S. Supreme Court case ruling that “separate but equal” And that law school that Texas that overturned the “separate but was inherently unequal and thus established in Houston in response equal” doctrine established in the unconstitutional. Sweatt v. Painter to Heman Sweatt’s lawsuit? It is 1896 U.S. Supreme Court case paved the way for the seminal the Thurgood Marshall School Plessy v. Ferguson, Chief Justice decision in the 1954 case, Brown of Law of Texas Southern Jefferson detailed how one of his v. Board of Education. University.

April/May 2011 7 EL PASO vs. THE WORLD How an El Paso manufacturer brought the lending world to its knees. By St eph a n i e To w n s e n d Al l a l a

t began as a small clothing by making them think twice about the manufacturer fighting three banks consequences of intervention. Ithat were meddling in management. Eighth Court of Appeals Justice When Willie Farah sued State National Charles R. Schulte wrote the unanimous Bank for improperly interfering in his opinion that shook the banking world. business, Farah Manufacturing Co v. He had to set aside all other cases for State National Bank became the most months in order to produce the 68-page important lender liability case in the opinion. It became, as he recalls, the most nation, still cited in banking literature consuming case of his appellate career. nearly three decades later . “It was challenging and utterly The two lead lawyers in the case, Bob consuming,” Schulte said. “There were Blumenthal and Tom Thomas, both of so many points and cross-points, and Dallas, say that despite a nine-week jury partial points, and you had to respond trial before Judge Edwin Berliner in the to each point individually. That became 171st District Court, followed by two prolonged, consuming work. I was more weeks of deliberation, emotion as relieved to get it out, frankly. much as fact led the jury to award Farah “I really didn’t think about how it $18 million. would affect people. I just followed “Legally, we got completely off what law there was and got the opinion track,” Blumenthal said. “The case out based on Texas law. Of course, there changed from a legal matter to a personal were some relatively new laws on the matter. It became ‘El Paso against the Texas books that had never been applied World.’ When the State National Bank to banks before.” employee took the stand, the jurors In order to understand the case, actually turned their backs to him. It Thomas says, you need to understand the was weird.” prevailing attitudes at the time. Willie Farah was heavily in debt when Tom Thomas “The big banks in town ran the show. the banks he owed decided he wasn’t the Banks had a special place not only in the right man to run the company founded by community, but in the courts as well. Laws his grandfather. The bank’s contract with Eighth Court of Appeals that applied to merchants didn’t apply Farah said, essentially, it could call the loan if Justice Charles R. Schulte to banks. What would be negligence from a there were a change in management that the store owner wasn’t negligence coming from banks didn’t like. wrote the unanimous opinion the banks.” Still, that didn’t account for the $18 million that shook the banking world. In the 1970s, Thomas had already established judgment. The banks’ shuffling of directors a career holding lenders liable against corporate on the Farah board, under the threat of loan He had to set aside all other borrowers. Farah became his dream case. acceleration, was the foundation of their loss cases for months in order to “About 10 years before the Farah case, we got in a searing appellate decision. State National wind of a change in attitudes. We began taking Bank v. Farah Manufacturing Co., Inc., 678 produce the 68-page opinion. bankers to court to prove common business S.W. 2d 661 (Tex. App.—El Paso 1984, writ It became, as he recalls, the torts. I had done a handful of bank cases before dism’d by agr.). the Farah case matured, and we were able to The banks also held the right to appoint most consuming case of his see a chance at success. directors and, since they didn’t believe in appellate career. “We took the attitude head-on that these Willie Farah, they did just that, in the process people were just people, and if they tear up inadvertently helping build the case against not Willie Farah’s, damaged the company. That your business, they should be held accountable. them. In upholding the jury award of $18 idea, that the banks were liable for their actions, Banks had always been ‘Big Daddy.’ Truth is, million dollars, the judge held that their actions, forever loosened their grips on local business they are not. We put on 29 witnesses, and they

April/May 2011 8

didn’t call one.” and wrote it.” working hypothesis as to which group would Blumenthal was already respected for his Both Blumenthal and Thomas agree this was be the most influential on the jury so that we ‘bad acts’ suits against banks. Still, nothing the most important case of their careers. Not a could try to tailor our presentation to that group in his previous work prepared him for what small statement, given that they have more than more than others.” happened in Farah. “Legally, we got completely 100 years of combined experience. He added, “We never had that dynamic on off track. What I thought was important, wasn’t “This case meant everything to me. I made cases in Dallas and Houston--only El Paso.” important at all. more than 100 speeches about it in the years Thomas says the turning point came while he “The bank wanted to run the company, said following. I suspect that for many years, there was having lunch on the final day of testimony. it was their right. They claimed Willie Farah was not a major lending case that I did not get “I always look for the human element in every was doing a bad job and that they had a right to a call on,” Thomas said. case. I hadn’t been able to find it in this case run it. Ultimately, the jury decided Willie was It was a confluence of factors. “It was the until the last day of testimony. Turns out one doing a good job.” right point in time, the right locale, the right of the bank officers who made the decision to Bankers were not the only ones surprised client, and some very egregious acts.” commit improper acts against the company had by the appellate decision; El Paso’s legal It was also the first case in El Paso in which actually worked for Farah, had been fired, and community was also shaken. What the national attorneys hired psychologists to help with had a true hatred for Willie,” Thomas said. financial institutions and media didn’t know jury selection, including the use of a mock He said the bank manager took the stand, and was Schulte was considered a mild-mannered, Courtroom. “I hired psychologists and people “pretty much put the cap on our victory.” thoughtful and unassuming jurist. His even- like that to do some work to see if there were Blumenthal believes the inappropriate handed, fair minded approach kept him under matters I should be aware of with the Hispanic maneuverings of the banks were a major the radar. Local lawyers would not have make-up of the jury,” Thomas said. “They came factor, but not the only factor, in Farah guessed he would deliver a case that would up with a lot of things, including the proposition Manufacturing’s eventual demise. “Farah was forever change lender liability law. that certain demographic groups of Hispanics going south. But it had nothing to do with When told that he was considered to be one might oppose each other. management. It had to do with the fact no one of the fairest and hardest working judge in El “What we found was that certain groups wanted to buy leisure suits anymore,” he said, Paso, he said, “I’m surprised. If that’s their were more likely to vote with each other, or his candid reflection evoking the bygone days evaluation, I accept it. I just tracked the law against each other. That allowed us to draw a of Sans-a-belt.

Steven C. James Re s o l v i n g Di s p u t e s Th r o u g h Me d i a t i o n o r Ar b i t r a t i o n Board Certified in both Civil Trial Law and Consumer and Commercial Law by the Texas Board of Legal Specialization

521 Texas Ave.El Paso, Texas 79901 (915) 543-3234 (915) 543-3237 – Fax [email protected]

April/May 2011 9

How Civilization Came To El Paso ¡Viva Los Licenciados! El Paso Lawyers in the Sagebrush and Chaparral Days of the Mexican Revolution Part IV By Ba l l a r d Co l d w e l l Sh a p l e i g h

Revolution in Mexico did little to dampen the social scene in El Paso. In fact, it probably added a little spice. An item in the “society” pages of the El Paso Herald on Saturday, May 20, 1911, ten days after the Battle of Juárez, reported that “a number of the younger social set” was entertained at a dance held a night earlier in a private home on Magoffin St. The guests included Raul Madero and one of his sisters (the siblings of Francisco I. Madero), ©DisneyWalt Disney Company Archives The Col. Giuseppe Garibaldi, and young, single ‘twenty-something’ lawyers like Robert L. Holliday, Ballard Coldwell and Gunther R. Lessing. Robert Holliday, a 1909 graduate of the law department at the University of Texas, eventually became a member of the U.T. Board of Regents as well as a president of the El Paso Gunther R. Lessing (second from left), with Walt Disney (seated) and executives from Bar Association. Holliday Hall at UTEP, sitting General Electric taken in Walt Disney’s office in 1939 - ©Disney. adjacent to Kidd Field and presently housing him as the third most powerful individual in Lawn-Hollywood Hills. the offices for the track and field team, bears the Disney organization behind only Walt and However, as a young, twenty-five-year-old his name. It also served as the basketball gym Roy Disney. lawyer in El Paso, Lessing attended many and as a venue for school dances. Studio insiders credit Lessing with suggesting banquets and gatherings with Francisco Revolutionary history remembers Gunther to Walt Disney that he trademark his name to Madero. This was at the outset of the Mexican R. Lessing, if at all, as the attorney who create a brand. Disney also demonstrated his Revolution, before Lenin’s Russia and Mao’s represented Pancho Villa in negotiations with trust in Lessing by naming him as a co-executor China. Frank Thayer and the Mutual Film Corporation of his will in 1951, together with Disney’s On Thursday, June 1, 1911, a little more than for a movie about Villa’s life. The parties wife Lillian and brother Roy. Disney, who ten days after the dance on Magoffin Street, the signed the contract in Lessing’s fifth floor encouraged a laid-back atmosphere, used to say El Paso Herald ran a headline — “Victor and office in the Caples Building on January 5, that, “The only ‘Mister’ we have at the studio Vanquished Toasted” — which referred not to 1914, an event presaging Lessing’s later career is our lawyer, Mr. Lessing.” A window above anyone’s state of sobriety, but to the banquet at as an entertainment lawyer with a national the Disneyana Shop on Main Street U.S.A the Toltec Club the night before. The banquet reputation. at Disneyland bears the name, “Gunther R. was held in celebration of Madero’s victory in In 1929, after the Revolution, in the early Lessing, Esq.” the fight for Cd. Juárez. The “victor,” Francisco days of Mickey Mouse, Walt Disney and Disney, it was rumored, sometimes referred I. Madero, did not imbibe. His compadres, his brother Roy hired Gunther Lessing to to Lessing as the “Old Red-Headed Bastard,” Pancho Villa and Pascual Orozco, were not protect their film rights in cartoons like the as might be inferred from a gift Disney gave to invited. And the “vanquished,” Gen. Juan J. Silly Symphony series, The Skeleton Dance Lessing. It was a 1939 manuscript recording Navarro, though paroled to El Paso, was still and Mickey Mouse from an unscrupulous, the development of the filmPinocchio , bearing Mr. Madero’s prisoner. predatory New York distributor. When deciding Walt Disney’s handwritten inscription reading: Lessing noted a recurring pattern, “that to hire Lessing, Walt Disney reportedly “To Gunther Lessing, Old R.H.B. himself.” while Madero raised a glass of champagne in exclaimed, “If he could help Pancho Villa, he’s The moniker was a reference to the low opinion order to respond to toasts, the glass never found just the man we need!” of Lessing held by many Disney employees, his lips.” Pancho Villa did not drink either. Lessing eventually ascended to general particularly the artists, because of his repeated During one celebration in Chihuahua, amidst counsel, vice-president and vice-chairman of attempts to bust their trade unions. five magnums of champagne, Lessing observed the board of Walt Disney Productions. Until his Lessing died in Los Angeles on September a bottle of Welch’s grape juice where Villa had retirement, corporate observers often described 28, 1965, at the age of 80. He is buried at Forest been sitting at the table.

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Lessing first met Francisco Madero at delivered his speech from the presidential Madero’s camp several weeks before the balcony in the National Palace at the Zócalo. Battle of Juárez. Madero had summoned him He also remembers that Madero gave him a to the adobe hut to discuss the ramifications of book on the “science of yogi” when Lessing American law on the ongoing negotiations for tried to excuse himself from a Madero meeting. peace with representatives of Porfirio Díaz. He Madero told him to stay saying, “You won’t remembers also being introduced to brothers understand us anyway.” Raul, Julio and Gustavo Madero, Pascual Gunther Rudolph Lessing was born in Orozco, as well as Pancho Villa who had not Waco, Texas on July 20, 1885, three years after

yet achieved notoriety. Lessing had earned ©DisneyWalt Disney Company Archives The his sister, Hannah. His father, Rudolph Lessing, Madero’s confidence by defending several came from the state of Hessen in Germany. cases alleging violations of U.S. neutrality Rudolph was a prominent merchant and cotton laws. factor in Waco doing business with three In his first case, U. S. authorities arrested an partners under the name of Lessing, Solomon elderly Mexican colonel possessed of a rifle, and Rosenthal. two pistols and two bandoliers of ammunition, Rudolph Lessing was a charter member and charged him with mounting an expedition of the Temple Rodef Sholom congregation on U.S. soil against a sovereign nation founded in Waco in 1879, and reputed to be the (Mexico) which was at peace with the U.S. The oldest Jewish reform congregation in central man confessed. He was enroute to Mexico to Texas. He was also that congregation’s first join the revolution, but Lessing successfully president. defended his client on the ground that a military Rudolph died when Gunther was age 10. expedition had to consist of a minimum of Gunther’s mother, Bertha Bouger, was also a three people. The next case involved three native of Hessen but nine years younger than men accused of smuggling a wagonload of her spouse. She died in El Paso in 1911 and bread into Mexico. Lessing defended again, was apparently interred briefly at Evergreen successfully, on the basis that a supply of bread Alameda Cemetery. was not an “expedition.” Gunther R. Lessing in 1959 ©Disney. Gunther’s sister Hannah married Dan Lessing described his early days as an Marion Jackson in 1900. Dan M. Jackson El Paso lawyer, when he was living at 1016 special train to Mexico City via Eagle Pass (whose portrait is one of nine presently hanging Brown Street (near the old Turney mansion on and Piedras Negras, which departed from El over the jury box in the 34th District Court, Montana Ave., now housing the International Paso’s Union Station on Friday, June 2, the beginning with that of T.A. Falvey and ending Museum of Art) and the day that the Battle of morning following Madero’s ball at the Juárez with Jerry Woodard) had graduated from the Juárez broke out this way: Customs House. University of Texas law department between Despite the objections of his sister and 1895 and 1899.∗ He began his legal career as brother-in-law, Lessing accepted the offer. He the city attorney for Marlin, Texas. I was getting quite a kick out of shared a “stateroom” with Eusebio Calzado In 1903, the Jackson and Lessing families this kind of litigation, but it was not in the rail coach next to Francisco Madero’s. were still living in Waco. A news brief in very good for my pocketbook. …One Calzado owned coal mines near Piedras the Marlin Daily Democrat on July 3, 1902 morning I was awakened by gunfire Negras. Their coach was followed by two cars reported that “Gunther Lessing who has been which had started up in Juárez and the of soldiers and a car transporting the press, visiting Mr. and Mrs. Dan Jackson has returned insurrectos were attacking and all hell including David Lawrence of the New York to his home in Waco.” They moved to El Paso broke loose. I put a mattress up between Times, James Redding of the El Paso Herald sometime prior to early 1905. Both families me and the noise and dressed myself and perhaps Damon Runyon. Other passengers found room and board at 500 E. Rio Grande. and immediately went to the roof of the on the train included Madero sisters, Angelita Dan M. Jackson opened a solo practice Caples Building. I could see some of and Mercedes, and brothers Gustavo, Raul and on the fourth floor of the new Trust Building the fighting through binoculars. Julio, Eduardo Hay and Guiseppe Garibaldi. (constructed in 1902 and now the Gateway In Mexico City, Lessing spent most of Hotel.) His brother-in-law, Gunther Lessing, Prior to Madero’s departure for Mexico City his time at the Madero residence, which he nine years younger at age 19 or 20, found after the fight for Juárez, Gustavo Madero met remembers as being located at Berlin No. 12. employment with the law firm of Turney and with Lessing to ask how much Lessing was Lessing claims to have been standing only a Burges as a stenographer. Jackson later entered owed for his legal services. Lessing replied few feet behind Francisco Madero when he into a law partnership with Tom C. Lea, Jr. that all services had been rendered with an understanding that the revolutionary junta had * The University of Texas has yet to confirm the dates of Dan Jackson’s matriculation, though this no money, as communicated to him by Abraham information was requested in early October, 2010. He is said to have attended UT, though the dates are Gonzalez, so nothing was owed. Gustavo wrote unknown. See, J. Morgan Broaddus, The Legal Heritage of El Paso (El Paso: Texas Western Press, 1963). out a check to Lessing for $10,000 and invited In contrast, Yale University furnished the date of Gunther Lessing’s graduation, June 1908, within 24 him to accompany the Madero family on the hours of the request.

April/May 2011 11

Tom C. Lea, Jr. had graduated from the reported on June 5, 1908 that, “the young man Kansas City Law School in 1898. In 1902, has the distinction of being the first young man at age 25, Lea, Jr. moved to El Paso and took born in El Paso to graduate from the law class a job as a bookkeeper for Powell Stackhouse, of the state university.” Jr., another coal mine operator and one of the It was in Lessing’s fifth floor office of the founders of the Toltec Club. His father, Tom Caples Building, on January 5, 1914, that Lea, Sr., apparently lived in El Paso at that Lessing executed the contract with the Mutual time as well. Film Corporation on behalf of Pancho Villa Lea, Jr. was born in Independence, Missouri, for the exclusive right to make a film about the into a family accustomed to the possession campaign of Villa’s army on its way to Mexico and exercise of political influence. His of the 34th District ofCourtesy Moody Judge Court City. The result was The Life of General Villa, a grandfather was a physician for whom Lee’s movie that one film historian describes as “one Summit is named, though misspelled due to of the oddest episodes in film history.” a railroad worker’s inattention. His father, Lessing says he entered into the contract in who died in 1910, had been a commissioner his own name and arranged to employ Homer in Jackson County, Missouri and knew Harry Scott as the main cinematographer. Lessing Truman, who was actually six-and-a-half years confirms the oft-told story that Pancho Villa younger than his son. President Truman later delayed the beginning of one battle to permit appointed another of his son’s law partners, the camera operators to set up their equipment. R.E. Thomason, to the U.S. District Court Dan Marion Jackson, ca. 1912 – 1916, this He also relates that in another battle, Villa bench in El Paso. Stout-Feldman portrait hangs in the 34th agreed to commence the attack from the south, In 1877, his father’s younger brother, District Court. Jackson died in 1939 and instead of the north, because of favorable Captain Joseph Calloway Lea, spearheaded the is buried in Arlington National Cemetery. lighting for the camera work. family’s purchase of most of the land in and According to Lessing, the movie produced around Roswell, NM. Captain Lea had been an June, 1908 with a Bachelor of Laws, the no profits for Villa. When the situation was officer in the Confederate army during the Civil Yale Law Journal noted that, “Gunther R. explained to the commanding general of la War. Lea, Jr.’s uncle was also Roswell’s first Lessing has been admitted to the bar of Texas. División del Norte, says Lessing, Villa threw mayor and is considered the father of the New The examination extended over a period of Homer Scott in jail and only released him on Mexico Military Institute. He died in Roswell seven days. Mr. Lessing stood highest in the payment of $5000. in 1904, and is the individual for whom Lea examination.” An ammunition contract was also taken out County, N.M. is named. After graduating and taking the bar exam, in Lessing’s name. Lessing protested, so Villa In 1905, Tom C. Lea, Jr. opened a law office Lessing and his mother returned to El Paso. had the contract assigned to his financial agent. in suite 404 of the Trust Building. Dan Jackson They resumed residence with the Dan M. World War I had just broken out and, according was down the hall in suite 427. In 1906, Lea, Jackson family at 1016 Brown Street. Lessing’s to Lessing’s belief, the financial agent, Lazaro Jr. and Jackson formed a law partnership that mother died in El Paso in 1910 and in 1913, de la Garza, sold the contract for millions to the lasted for five years. The partnership included he took a room at the YMCA at Mesa and Germans or the French on his own account and lawyers named Victor Moore and W. B. Ware. Missouri. Two years later, he moved to 315 absconded to Los Angeles. This enraged Villa. W.B. Ware later served as city attorney when ½ Mills Ave. where he lived for the next three Lessing writes that de la Garza used the money Lea was elected mayor in April, 1915. years. In 1918, he moved to 2601 Grant Ave. A to build the Mediterranean-style Pantages Another attorney who was toiling in the year after that he was living in a house at 3009 mansion, but according to the Los Angeles legal vineyards around town at the time, Tularosa near the Five Points area, in what was Times, de la Garza bought the 1906 mansion coincidentally, was forty-year-old Elfego Baca then the far eastside of town. for $100,000 and installed sophisticated who was born in Socorro, NM in 1865. He His first law office was in the Trust Building fortifications. Lessing encountered de la Garza had an office at 211½ San Antonio Ave. Baca after his brother-in-law Dan M. Jackson had several years later. He appeared as if “he were had practiced law in El Paso since 1902 or taken him into partnership. He practiced law a very, very sick and frightened man.” ’03, living at 709 Wyoming Ave. His name there for almost five years. When Jackson In 1915, Lessing moved down to the fourth would be made famous by a 1958 anthology was elected to the judgeship of the 41st District floor of the Caples Building. For the next three television series called The Nine Lives of Elfego Court in 1912, Lessing moved his office another years, he went into partnership with attorney Baca, produced for “Walt Disney Presents” block west to the fifth floor of the Caples Oscar L. Bowen. During this period, Lessing and later “Walt Disney’s Wonderful World of Building, suite 514-16, in 1913. was representing a downtown landlord named Color,” a Western based loosely on Baca’s life Lessing shared the floor with, among others, Frank Spence and others who had sued to restrain as a self-made lawman in the 1880’s in the another young lawyer named Ballard Coldwell another nearby landlord named W.H. Fenchler area of present day Reserve, NM. The series who had also earned his law license in 1908 from renting the premises at 214 Broadway (now was also made into a 1962 feature film entitled from the University of Texas and who spent Mesa St.) to Bess Montell for the purpose of “Elfego Baca: Six Gun Law,” starring Annette his free time coaching the El Paso High School maintaining “a bawdyhouse.” The defendants Funicello. football team. The team sometimes played their were represented by Beall, Kemp & Parker, In 1906, Gunther Lessing enrolled in the games at Cowboy Park in Juárez, a battleground Joseph U. Sweeney, Turney & Burges (Lessing’s law school at Yale. When he graduated in during the Revolution. The Morning Times old bosses), and T.A. Falvey.

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Lessing’s clients argued that the nearby reported on February 4, 1911, that “while the brothel was a nuisance that seriously damaged returning delegation would not discuss the and depreciated the value of their buildings and matter, there is no doubt but that Judge W. M. rendered the property “unfitted for occupancy Coldwell [father of Ballard Coldwell] will be by respectable people.” Lessing reflected on one of the judges named by the governor to the his early days as a young El Paso lawyer, using new court of appeals.” That didn’t happen. a layover here to refresh his memory about this On April 11, 1911, the Times ran an article lawsuit and other experiences, as follows: headlined, “Judges of New Court Named by

Altman Collection, El Paso Public Library El Paso Altman Collection, Governor – All Three are Young Lawyers of [Let’s] start with a description of Learning and Ability.” Gov. Colquitt appointed one of the El Paso sandstorms when the W.M. Peticolas of El Paso, age 37, E.F. Higgins dust seeps through all the crannies and of Alpine, age 35, and J. F. McKenzie of Pecos, cracks and visibility is approximately about age 40, as judges of the El Paso court of fifty yards. …I could see the old red- civil appeals. The article reported that the court light district from my window, with would probably organize in June, but not hold the old parlor houses and the place its first session until October. In 1918, Lessing moved into offices on the where the girls in cribs would accost Caples Building, ca. 1911 – originally five the passerby and call them “Blondie” sixth floor of the Martin Building, returning stories tall, two additional stories were added to a partnership with Dan M. Jackson (who or “Come on in, baby.” I could see between 1915 and 1920. the roof of Salvini’s old saloon in this would again resign, this time to join the Judge red-light district. It had been a tough Advocate Corps in Washington, D.C.) and place by any standard. The street Next I went to the Caples Building to S.J. Issacks, the latter having arrived in El was called Utah Street in those days, the fifth floor where my office had been Paso in 1917 after having served as a state but subsequently, when the red-light and the tenant very kindly permitted representative, mayor of Midland and judge of th district was abolished, they renamed me to sit there awhile. ….My memory the 70 District Court. it Broadway. I personally carried this took me back to that day when I first By May 1925, the State Bar of California had red-light district case to the highest occupied that office. My brother-in- granted Gunther Lessing a license to practice courts, having lost it because of the law, Dan M. Jackson, who to my way law in that state. He attracted more notoriety power of the political ring in every of thinking, was one of the greatest trial by representing Mexican actress Dolores del court until I got to the Supreme Court. lawyers of criminal cases before juries I Rio in various matters and later suing her under It was frequently said in a jocular have ever come into contact with, took her married name for unpaid fees - see, Lessing manner – but true – that the streets of me into partnership. I had just taken v. Gibbons, 6 Cal. App.2d 598 (1935) – at the El Paso were paved from license fees my bar examination which I passed same time that he obtained a publicized divorce collected under the guise of fines from with flying colors. I was immediately from Lolla Lessing. She accused him of being prostitutes. However, as I look back involved in some very important a poor sport at bridge, of throwing a glass of on it now, it was a very picturesque lawsuits and learned about the law and cold water in her face and of grabbing her ear situation. trial of cases the hard way and faster to lead her out of a room of card-playing guests, When I was a kid, I remember how than is usual with young lawyers. all because he was angry at losing. they had gambling right on the streets, Before his legal career took him to California, in every saloon and in many other Lessing was asked by Venustiano Carranza places. There was the old Coney Island The case that Lessing carried to the Texas after Madero’s assassination to remain as legal saloon run by McCoy where many Supreme Court, Spence, et.al. v. Fenchler, advisor for Pancho Villa’s División del Norte. shootings occurred. Manny Clements, et.al., 107 Tex. 443, 180 S.W. 597 (1915), As a result, Lessing found himself involved the constable in El Paso in those days, found its way to Austin through a brand new in a variety of new legal situations such as, who himself was a bad man, and at one Eighth Court of Civil Appeals created by the for example, the drafting of contracts for the nd time had been a member of the Hardy 32 Legislature in 1911, the product of intense purchase of munitions, the prosecution of gang of cattle rustlers and bandits, was lobbying by El Paso’s mayor and city council counterfeiters of Revolutionary money, and killed by Joe Brown (a bartender) in in the winter and spring of that year. the handling of injunctions against shipments the Coney Island saloon. We defended As the Morning Times reported, Mayor Kelly of cattle and iron ore by rail. In one case, Ives Joe Brown. Prior to that, we defended made the same shopworn argument to Governor v. Lessing, 168 P. 506 (Az. Sup. Ct. 1917), Manny Clements for killing an Army Colquitt which is being heard in the corridors of Lessing hired an Arizona attorney to represent nd sergeant in the Coney Island Saloon. the Capitol during this year’s 82 Legislature: two men charged with smuggling six bars …Then I passed by City Hall. In the “I called attention to the fact that at present it of bullion across the border into Arizona, grass plot which adjoins City Hall – cost members of the El Paso bar twice as much to recover the gold and to defend against a an old yellow building, there are two time and money to get to a court of appeal as forfeiture action by the government, only to cannons. These pieces of artillery have it costs the attorneys of any other town in the have the Arizona lawyer bring a suit against a history. … state on account of this city’s remoteness from him for more attorney’s fees. the higher courts of the state.” The Times also Villa also named Lessing as general counsel

April/May 2011 13 to the railroads. Lessing used this position long interview. Before he sat down with the to escort members of the press to the battle reporter, Villa entertained Lessing and all the kind, and I did not see where he got any zones. On one of those occasions, Lessing reporters by leading a tour of his private rail glory out it, but he still brought it up to persuaded Villa to grant an interview to a New car, formerly belonging to the president of the everyone who met with him. York reporter named Jane Dixon. She asked railroads. Lessing related that Villa was most Villa about Theodore Roosevelt’s derogatory proud of the bathroom. He was enchanted with Lessing had reason to brag. He knew his comments about him appearing in a national the chain-operated toilet in particular, flushing client well. He was probably proud that Pancho publication to which, as Lessing remembers, it over and over again. Villa could display more couth than, say, another Villa replied more or less as follows: Years later, the business agent for the fabled leader like LBJ. Villa never received Brotherhood of Painters, Decorators and visitors while sitting on a toilet. He merely Well perhaps Mr. Roosevelt is right. Paperhangers, Herbert Sorrell, testified before a showed them how the apparatus worked. Maybe I am a bandit, but I was never Congressional subcommittee on labor relations given an education. I am trying to carry in the movie industry that: The “Civilization” series is written in appreciation th out the principles of Francisco Madero. of the 114 anniversary of the El Paso Bar Association Mr. Roosevelt, on the other hand, did Gunther Lessing was Mr. Disney’s with assistance and encouragement from historians Pat something that I would never do. He went attorney, and all of the dealings I had Worthington, Claudia Rivers, Laura Hollingsed, Richard to Africa and killed a lot of animals when had were with Gunther Lessing. I had Bussell, historian/angling consultant J. Sam Moore, he wasn’t hungry and he didn’t need those never met Disney but once. Gunther Jr. and the poet Edgar Rincón Luna. Due to space animals in order to eat. I would never Lessing was a red-headed attorney who limitations, the resources which have been consulted will have done that. bragged that he was counsel for Pancho be listed in the last part. This presentation includes the Villa. I told him, of course, I never had creative work of others. This property is being used by heard of Pancho Villa ever winning a permission or under a claim of “fair use” pursuant to According to Lessing, Villa remained “very legal victory. I thought it was the other 17 U.S.C. §107, and was created pursuant to fair use patient and was quite amused” throughout the guidelines and further use is prohibited.

Advance Sheet, circa 1181 By Ch a r l e s Ga u n c e Legal Reference Librarian The University of Texas at El Paso

“We hold these truths to be self-evident, that The process due a Welshman was not designed all men are created equal….” But if suit be brought by a Welshman to necessarily result in a fair result, but was We like to point to the writings of Thomas reasonably laying claim to the said purchase designed to inflict less burden on a local citizen Jefferson as the foundation cornerstone of the [as stolen from him], he must pay the citizen taken in by a thief. nation. And the fact that he was subject to such price as the citizen can prove that he paid Jefferson was admitted to the Virginia bar in the penalties of treason sort of underlines the for the purchase.” 1767, so it is probably fair to accuse him of being fact that change in the old order was being an attorney. By asserting all men being created contemplated. But the fact remains that, at the equal as a self-evident truth, he was merely time he wrote those words, not all men were The remedy set forth is in the nature of what engaging in a practice that survives to this day: created equal – even if you politely ignore the today is called a local court rule. It states that Have you ever been stuck researching a point of entire issue of slavery. if you bought goods that the seller stole from law that you consider to be painfully obvious, but From the Chester Charter, § 3 (1181 – 1232 a Welshman, you will be required to pay the you just can’t seem to find supporting authority A.D.) comes some instruction as to the unequal Welshman the value of the goods to the extent for? It is not unusual in such circumstances to treatment accorded to men who were clearly not that you paid. Thus, the more steeply the goods simply give up, assert that the point is axiomatic, created equal to others: were discounted by the thief, the less whole you and hope that neither the Court nor opposing will have to make the true owner of the goods. counsel ask for supporting authority. Most of “If a citizen make a purchase by daylight On the other hand, if the goods were stolen from the time, neither will. Sometimes this approach and before witnesses and suit be made by an Englishman or a Frenchman, you may be is used by a trial court (or more frequently, a trial Frenchmen or Englishmen reasonably laying required to return the goods to the true owner, court law clerk) in the hope that neither counsel, claim to the said purchase [as stolen], the regardless of what you paid for them, thereby the court, nor the appellate court will notice. citizen who made that purchase shall be quit assuring that the victim will be made whole. The The point remains that at the time he wrote as against me [the lord] and my bailiffs, and only distinction in the remedy is the parentage the Declaration of Independence the law was shall merely lose the goods bought, if he cannot of the victim, and the local court in Chester fairly well settled that not all men were created satisfy the claimant otherwise. would take care to assure that Frenchmen and equal, and Jefferson’s assertion that they were Englishmen were more likely to receive justice. was a truly revolutionary statement.

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EPYLA Star of the Month Alex Acosta b y El l i c Sa h u a l l a

his month, the El Paso Young Lawyers Association would like to recognize Tsomeone who has always passionately worked for the betterment of his community and his profession: Alex Acosta. Alex has been involved in numerous projects with EPYLA, but he generally prefers to quietly contribute his time, efforts, and expertise without any fanfare or special recognition. That humility is exactly why EPYLA is delighted to shine a light on this dedicated young attorney as this month’s EPYLA Star of the Month. Alex was born in Phoenix, Arizona and raised in a house that included five rambunctious children, two devoted parents, and zero dull moments. Although he preferred basketball to academics early on, Alex’s natural curiosity did fuel an interest in science and history as he explored how things worked and what things meant. That love of learning eventually took him to St. Mary’s University in San Antonio, which Alex graduated from in 2004. It was there that Alex truly became serious about his education and started pushing himself to achieve. He also learned the importance of community involvement through student organizations, which remains a cornerstone of Alex’s life today. That budding desire to give back to the less Alex Acosta fortunate is what led Alex to consider a career in law, and soon enough he was attending and is part of the United Way Young Leaders Arizona State College of Law. There Alex had Society, a diverse organization of young the opportunity to participate in Arizona State’s professionals dedicated to volunteering and renowned Indian Law Program, working with promoting community interests. Alex is also tribal courts and real litigants navigating the part of the State Bar’s LeadershipSBOT complex intersection of the United States and program, a group of attorneys from around Indian legal systems. When Alex graduated in the state who have each been selected to help 2008, he put the skills he had learned there to develop and implement state-wide community work as a clerk for Justice Ann McClure of development programs, such as the public the Eighth Court of Appeals here in El Paso. education project that Alex is working on. In turn, that experience broadened Alex’s Through all of that, Alex still finds time already formidable legal knowledge, which he for family, friends, and EPYLA, which he brought to his current position as an associate continues to serve as a member of our board with Scherr & Legate. of directors. Alex Acosta is a bright star Alex spends much of his spare time among young lawyers here in El Paso. EPYLA continuing to serve both the legal community extends its appreciation for everything that and El Paso as a whole. He’s been involved he has done for the community and we look in numerous charitable events and fundraisers forward to even more in the years to come.

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Se n i o r La w y e r In t e r v i e w Judge Charles R. Schulte By Cl i n t o n F. Cr o s s

ix years ago I met with and interviewed 1949 and the School of Law in 1950. I was in Charles R. Schulte, former Municipal Senor ROTC during law school and finished SCourt judge, former Judge of the 41st that as a “Distinguished Military Graduate”. District Court, and retired Associate Justice The day after I got my lawyers degree I was of the Eighth Court of Appeals at his home in commissioned as a second lieutenant. Later I Horizon City. My interview was published in was named as first lieutenant, JAG. April, 2005 issue of the Bar Bulletin. Cross: What happened next? The interview is republished at this time Schulte: I went into practice in El not only to honor Judge Schulte for his life of Paso with Thor Gade in the Caples Building. public service, but also in honor of the 100th Together we paid $25 a month for the office and anniversary of the creation of the 8th Court of the secretary to answer the phone. Since we had Appeals. A banquet celebrating the creation of only one office, when one of us had a client the the court will held on June 1lth at the Currey other one had to run errands to attend to other Adkins Conference Center, 200 Alto Mesa, in business outside the office. Unfortunately, this El Paso. lucrative arrangement came to an end when I was called to active duty during the Korean Cross: Tell me about your family and Conflict as an officer in the Air Force Judge your childhood. Justice Charles R. Schulte Advocate Corps. I was send to England as Schulte: I was born in St. Louis the legal officer for the 97th Bomb Wing, then Missouri. My father was an architect. When I work. I was discharged as a sergeant in 1946. assigned to Biggs Air Force Base here in El was eight, he brought the family to El Paso. I Paso where I completed my tour of duty. went to Rusk Elementary, entered Austin High Cross: Siblings? Children? I returned to law practice, ultimately with School. My family moved too and I transferred Schulte: I have four surviving brothers Richard White. I also served during 1959-60 to Ysleta. I was student body President at Ysleta and a sister. I was the oldest. Brother Jack is as an alternate City Judge. When Woodrow High School. I was also Vice President of the a retired pediatrician, George a retired engineer Bean resigned as County Judge, I was appointed El Paso Interschool Council. Eddie Feuille- from Howard Hughes. Brother Harry is a retired Interim County Judge by Governor Price -Ricky Feuille’s brother--was the President. accountant and lives here as does my sister Daniels and served in that post until Glenn Alice Stovall was the Student Body Secretary Barbara who is married to Stanley Stephenson, Woodard was elected County Judge. at Ysleta. I ended up marrying Alice fifty seven retired from Phelps Dodge. When Richard White ran for Congress years ago. During our college days, Alice’s work Our children, Perry Kay, Bob Jr. and Don Park I was his campaign chairperson. Richard for the telephone company kept food on the table. are all in education. Perry and Don both have got elected and I was most fortunate to have Things were tight and at Thanksgiving Alice doctorates. Bob Jr., a veteran of the Air Force, Fred Morton join me in the Bassett Tower. I would stuff a turkey leg. We couldn’t afford has his Masters. continued serving in the Air Force Reserve as the whole turkey. legal services attorney at Biggs until Biggs was When I graduated from High School and Cross: Why did you decide to pursue a closed. After that I was assigned to another finished one year at Mines, my father was Chief legal career? Reserve Unite covering most of West Texas of Army Engineers for the Atlantic side of the Schulte: My high school science teacher, and became its commanding officer. Panama Canal Zone. He put me to work there Frances Means, who is still in El Paso, held mock In 1966 Governor John Connally appointed first in the warehouse, then on the France Field trials in her class. I had to play lawyer, and I me to the 41st District Court where I served for Airport and then as a foreman dispatcher in the decided I’d like to keep it up. fifteen years until 1981. At that time, Governor motor pool. On the lighter side, during this William Clements named me the fourth justice period, I took part in the Canal Zone Theater Cross: Where did you go to law on the Eighth Court of Appeals, which was and announced in Spanish and English on a school? given criminal jurisdiction as well as civil at Panamanian radio station at times. Schulte: After my discharge from the Air that time. I retired from the appellate court at Force, I returned to the College of Mines, and the end of 1988. I then joined the Army Air Corps, served then went to the University of Texas School of a little over two years guarding the jungle Law in Austin. With the help of the “lap back” Cross: Any community service work emplacements and moved to administrative program I was able to graduate from Mines in during your legal career?

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Schulte: I have served as Chairman for Judge’s post, I was pleased to receive the Schulte: I presided as a trial judge the March of Dimes of El Paso. I also have Conquistador Award from the City of El Paso, over one of the earliest pollution cases in the been a member of the board of directors of R.E. and I was an Admiral in the El Paso Navy. The country and the resulting lead poisoning cases Thomason Hospital. After retirement, I taught Young Lawyers Association recognized my work that followed. In the mid 1970’s, the State of Legal Ethics in Adult Education at UTEP for four on the district court and although they forgot to Texas and the City of El Paso brought suit in years. For eight years I served as a member of invite me to the banquet where the award was the 41st District Court against ASARCO. The the Department of Defense committee for the made I did receive the “George N. Rodriguez Sr. proceedings began in February and continued Employer Support of the Guard and Reserve, Memorial Award for Outstanding Service.” until May with experts from throughout the from1990-98. I also have chaired committees I was fortunate to receive a diploma from the USA. As a result major injunctive relief was for the State Bar of Texas, served as lecturer at Air War College, Air University in March 1978. granted and substantial penalties assessed. West Texas and state Judicial conferences. After completing all reserve requirements, and Smeltertown was abandoned. The case was a over thirty years service, the Air Force retired pioneering case at the time and was covered by Cross: Church? me as a colonel in 1980. I was then awarded Paul Harvey and many others. Schulte: Alice and I are Methodist. I the Meritorious Service Medal and Exceptional have in the past served on the Church Board of Service Award. I was also honored to be named Cross: You have an opportunity to advise Stewards and Board of Trustees. as a Fellow in the Texas Bar Foundation. a young lawyer about to begin practice. What do you say to him? Cross: Awards: Cross: What was the most interesting or Schulte: Integrity. Integrity, in the long Schulte: After leaving the County important cases that you ever worked on? run, it’s more important than anything else.

The Law West Of The Pecos By Ja c q u e l i n e Sh i Law Clerk for Chief Justice David Chew

Edward Alexander Romo v. Danny Payne, Commissioner of the Texas Department of Savings and Mortgage Lending, and the State of Texas (No. 08-08-00043-CV, Feb. 9, 2011, 2011 WL 458215)

The State of Texas and the Commissioner of the Texas Department of Savings and Mortgage Lending (“the State”) brought action against Edward Alexander Romo, a mortgage broker, alleging violations of state Broker License Act and Deceptive Trade Practices Act (DTPA). At trial, the State moved for summary judgment, asserting that Romo employed Melisa Simpson as an unlicensed loan officer from September 2002 to May 2004, and that he employed Alin Blanchet as an unlicensed loan officer in 2004. Romo received $82,785.28 in profits as a result of employing Blanchet, and the State sought a judgment of up to three percent, of the loans he brokered from May regarding the amount of his profits, and argued times this amount. The State also asserted 2002 through June 2005. The State sought to that his fees were reasonable. He argued there that Romo failed to notify the Commissioner enjoin Romo from employing unlicensed loan were reasons to justify his delay in notifying the of all the business names and addresses he officers, from operating under assumed names Commissioner of two of his business names. used, and that he charged unreasonable fees or addresses not disclosed to the Commissioner, He admitted Simpson worked under him as an in relation to his services. The State argued and other injunctive relief. The State requested unlicensed loan officer, but asserted she was it was unreasonable for Romo to charge more up to $20,000 for each DTPA violation, and an not required to have a license. As for Blanchet, than three-to-five percent of the loan amount, award of attorney’s fees. he claimed she was only a loan processor. He and sought judgment for the amount of fees In response to the State’s motion, Romo filed a summary judgment motion asserting the he charged in excess of three percent, or five challenged its summary judgment evidence State had no evidence to support its claims that

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Simpson was required to have a license, or that by allowing Simpson to work as a loan officer, harm or of the lack of an adequate remedy at he charged unreasonable fees. and there would be no basis for requiring him law. The State argued it did not have to establish The trial court ruled that: (1) Romo to disgorge the $82,785. Similarly, if licenses those elements to be entitled to injunctive relief violated the Broker Act by failing to notify the were not required, it was irrelevant whether under the DTPA. However, the Court of Appeals Commissioner of the names and addresses of his Blanchet acted as a loan processor or a loan determined the arguments on both sides of the businesses; (2) Romo violated both the Broker officer. If Romo did not violate the Broker Act issue were misguided because the trial court did Act and the DTPA by employing Simpson and by employing unlicensed loan officers, he also not determine that Romo violated the DTPA by Blanchet as unlicensed loan officers; and (3) did not violate the DTPA because the DTPA failing to notify the Commissioner of the names Romo earned $82,785 through his employment violation was premised on the conclusion that and addresses of his businesses, and so the DTPA of Simpson. The court rejected the State’s other the Broker Act required licensing. Without the cannot provide authority for the injunctive relief. claims, including its claim that Romo charged DTPA violation, the $7,500 civil penalty could The trial court concluded Romo violated the unreasonable fees. The court permanently not stand. Broker Act by failing to notify the Commissioner enjoined Romo from: (1) conducting business The Court of Appeals first looked at the of the names and addresses of his businesses. as a mortgage broker under any assumed name Broker Act, which was part of the Texas The Broker Act authorizes the Commissioner of without first notifying the Commissioner of the Finance Code. The Court concluded that under Savings and Mortgage Lending to sue to enjoin a name; (2) failing to notify the Commissioner the statute, licenses were not required for loan violation of the Act. The Act expressly provides of any new business address; and (3) failing officers who were sponsored by and acting for that “it is not necessary to allege or prove that to obtain a license certificate for any new a licensed mortgage broker during the period an adequate remedy at law does not exist or address. The court ordered Romo to pay the relevant to this suit, and so neither Simpson that substantial or irreparable damage would following amounts: (1) $82,785 as restitution nor Blanchet needed a license. Using canons result…” Because the Broker Act dispenses to consumers who paid him fees as a result of of construction, the Court determined the State with the requirements of irreparable harm his employment of Simpson; (2) $7,500 as a provided no compelling reason to deviate from and inadequacy of legal remedies, the lack of civil penalty for violating the DTPA; and (3) the plain statutory language. The Court also evidence on these elements did not invalidate $5,000 as attorney’s fees. found the statutory language allowing unlicensed the injunctive relief, and as such, the Court of On appeal to of the Court of Appeals of the loan workers to work for the mortgage brokers Appeals overruled Romo’s third issue. Eighth District of Texas, Romo raised seven not to be absurd. Therefore, the Court sustained Romo’s seventh and last issue concerned issues: (1) the State relied on inadmissible Romo’s second and fourth issues, and concluded the $5,000 award in attorney’s fees. He argued hearsay to establish he earned $82,785 by it was unnecessary to address his first, fifth, and the State was not entitled to the attorney’s fees employing Simpson; (2) Simpson was not sixth issues. because it did not prevail under the DTPA, and required to be licensed as a loan officer under In addition to its conclusion that Romo the Broker Act did not provide for the attorney’s the Broker Act; (3) the State failed to establish violated the Broker Act by employing Simpson fees. He also pointed out that the State failed the requirements for permanent injunctive and Blanchet as unlicensed loan officers, the to segregate its attorney’s fees. As the Court of relief; (4) employing Simpson as an unlicensed trial court also concluded that Romo violated Appeals previously concluded, the State was loan officer was not a DTPA violation because the Act by failing to notify the Commissioner not entitled to recover the civil penalty, and so she was not required to be licensed under the of the names and addresses of his businesses. there was no basis for the trial court to award the Broker Act; (5) the State failed to establish the The court thus permanently enjoined Romo attorney’s fees. Accordingly, the Court sustained requirements for a civil penalty under the DTPA; from conducting business as a mortgage broker Romo’s seventh issue. (6) Blanchet was a loan processor, rather than under any assumed name without first notifying The Court of Appeals reversed and rendered a loan officer; and (7) the State was not entitled the Commissioner of the name, failing to notify the trial court’s judgment to the extent it stated to recover attorney’s fees. the Commissioner of the name, failing to notify that Romo violated the Broker Act and the The main issue in this case was whether the Commissioner of any new business address, DTPA by employing unlicensed loan officers, the Broker Act required loan officers to be and failing to obtain a license certificate for any and ordered him to pay $82,785 as restitution, licensed between 2002 and 2004, which was new address. In his third issue, Romo attacked $7,500 as a civil penalty, and $5,000 in attorney’s when Romo employed Simpson and Blanchet. the injunctive relief on the basis that the State fees. The Court affirmed all other respects of If not, Romo could not have violated the Act offered no evidence of imminent or irreparable the judgment.

Law Professor Featured Speaker at Court of Appeals Celebration ePaul University law professor University in 1996 ant then studied at the Review. In 2008, she obtained a doctorate in Allison Brownell Tirres will be the Universidad Nacional Autonoma de Mexico in history from Harvard. She is currently working Dfeatured speaker at the June 11th event Mexico City. In 2001, she received a master’s on a book on the legal history of the U.S.- celebrating the 100th anniversary of the creation degree in history from Harvard University. In Mexico border. of the El Paso Court of Appeals. 2004, she was awarded a doctor of jurisprudence At DePaul University Professor Tirres teaches Professor Tirres received her bachelor’s degree, also from Harvard University, where she Property, Legal History, and Immigration Law degree magna cum laude from Princeton was editor and treasurer of the Harvard Law and Policy.

April/May 2011 18 19

Legal issues affecting veterans, retirees, active Tentative Outline May 20-21, 2011 duty military and their family members Centennial “A proposed course to train and orient the legal community to counsel & represent veterans, active duty/retired military Conference Center and their family members personally and through pro se legal clinics” Biggs Army Airfield, Friday, may 20, 2011 Ft. Bliss, Texas

8:00am-8:30am Registration 1:15pm-2:00pm Military Financial 9:45am-10:15am Pro Se Divorce Responsibilities To Families The VLIAO will establish procedures to assist those 8:30am-8:45am Welcome AR 608-99, Establishing, Calculating and not qualified for pro bono representation that will Commanding General of Ft. Bliss, Texas or his Enforcing Military Child Support include drafting pleadings, having settlement designee (Deputy CG); Colonel Francis P. King, OSJA and Donald L. Williams conferences and legal sufficiency certificates. Ft. Bliss Staff Judge Advocate, Chantel Crews, Donald L. Williams or SJA Legal Assistance El Paso Bar Association and, Philip Mullin, 2:00pm-2:30pm Part 2 Child Support Review, Staff President, El Paso Family Law Bar Association Reducing Support When Activated Or Incarcerated, Enforcement & Uifsa 10:15am-10:30am Break 8:45am-9:15am Purpose & Mission Of The Bar Member of the OAG and Judge Antonio Assisting Veterans/Military Rodriguez 10:30am-11:00am Probate Court Donald J. Guter, RADM JAGC USN (Ret.), Serving the Needs of Those with Diminished Chair, ABA Standing Committee on Legal 2:30pm-3:15pm Military Retirement Issues Capacity by Assistance for Military Personnel; Terry (Usfspa) Judge Eduardo Gamboa and Judge Patricia Tottenham, President of the State Bar of Texas; The Law; DFAS Requirements and Chew & Staffs; and, Stephanie Townsend-Allala, and, Col.(ret) Bryan Spencer, State Bar of Establishment Attorney at Law Texas LAMP Program or (Kay Perry, President, Col.(ret) Mark E. Sullivan, Larry Schwartz, Military Law Section, SBOT) Philip Mullin, Justice Ann C. McClure, Judge 11:00am-11:30am Landlord/Tenant, Bankruptcy Kathleen Anderson & Consumer Affairs-Tbd 9:15am-9:30am Ft. Bliss Veterans And Military Demographics & Legal Services 3:15pm-3:30pm Break 11:30am-12:15pm Userra Overview (Uniformed Col. Francis P. King, Staff Judge Advocate, Ft. Services Employment and Reemployment Rights Act) Bliss, Texas 3:30pm-4:15pm Military Retirement Issues Col(ret) John Odom, Chris Borunda, EPLP (Usfspa) Labor & Employment Lawyers, 9:30am-10:00am State & Local Veterans/Military Calculating, Drafting, Applying; Clarification and Armand Escalera, Assistant State Director Pro Bono Programs Enforcement (DOL) Veterans’ Employment and Training Donald L. Williams, Chair, El Paso Lawyers Justice Ann C. McClure, Judge Kathleen Service, Mano Bonilla, Texas Veterans for Patriots Committee, Chair, Texas Lawyers Anderson and Fredrick X. Walker, Attorney at Commission, Veterans Employment for Texas Veterans Family Law Subcommittee; Law Representative and, the Veterans Legal Initiative and Assistance Office 4:15pm-5:00pm When Conservators Are Deployed- 12:15pm Lunch Changes in duties, responsibilities, possession and 10:00am-10:15am Break access and conservatorship 12:30pm-1:30pm National Legal Services by Judges Kathleen Anderson, Jesus Rodriguez, Program, Washington D.C.-Trains Lawyers to 10:15am-10:45am Jurisdiction & Service Of Gary Aboud and Former Judge Robyn Bramblett represent Veterans Process Douglas E. Smith and Daniel Jordan or OSJA Saturday, May 21, 2011 TRACK 2 Designee Track 1 8:30am-9:15am How Attorneys Can Recognize 8:30am-9:15am Domestic Violence- Ptsd In Their Clients/Ptsd 101 10:45am-11:15am Special Appearance The Effect of Deployments on the Needs of Children Captain Evan R. Seamone, U.S Army, JAGC Donna Herron and Daisy Everhart and Domestic Violence; Military Response and Regulations 9:15am-10:15am Veterans Mental Health 11:15am 12:00pm Servicemembers Civil Relief Act Judge Michele Locke, OSJA or WBAMC Treatment Courts (Scra) Clinical Staff, Chief Family Violence Section of Judge Marc Carter, District Court, Houston, Col.(ret) John S. Odom, or LTC (ret) Professor the County Attorney’s Office, Defense Attorney Texas, Judge Ricardo Herrera, County Court #1 Greg Huckabee, University of South Dakota or ( Judges of the first (Houston) and the second (El 9:15am-9:45am Family Court Programs That Paso) such courts established in Texas 12:00pm Lunch Directly Affect & Serve The Military Jaime Esparza, El Paso County District Attorney Judges Yahara Lisa Gutierrez and 12:15pm-1:15pm Resources Available To Serve Judge Oscar Gabaldon 10:15am-10:30am Break Veterans , Servicemembers & Their Families (Aos, Acs,Va, Tvc, Fb-Mental Health, Dro. continued on page 19

April/May 2011 18 19

10:30am-11:30am Va Disability Appeals Process 12:15pm Lunch Bar Association, Kelley Jones King, Deputy Overview Executive Director of the State Bar of Texas, J Chief Judge William (Bill) Green, Veterans 12:30pm-1:30pm National Legal Services Judy Marchman, Communications Project Court of Appeals Program, Manager for the State Bar of Texas, Prof. Kenny Allan K. Dubois, Attorney at Law, Carlos Washington D.C.-Trains Lawyers to represent Hegland, University of Arizona School of Law Cardenas, Attorneys at Law Veterans Nancy Gallego, Director, El Paso Bar Association, Graciela Martinez, Texas Rio 11:30am-12:15pm Wounded Warriors Program/ 1:30pm-3:00pm The Role Of Community And Grande Legal Aid (El Paso), Kay Perry, Meb/Peb Board Representation Bar-Related Associations In Delivering Pro Bono President, Military Law Section, SBOT Patrick Ball, William Beaumont Army Medical Legal Services To Veterans & Active Duty Military Center, Personnel Patrick J. McClain, Attorney at Law Kay Sim, Executive Director of Houston

Juan Duran and The Eighth Court Of Appeals By Cl i n t o n F. Cr o s s he problem of providing equal justice for of Customs and James A. Zabriskie, a former all, irrespective of social or economic District Attorney of El Paso County. Actually, Tstatus, has challenged the law from it is probably more accurate to say that the Lyles the beginning of recorded time. This month’s case is the foundation for art. 36.15(a)(11) Tex. Advance Sheet by Charles Gaunce focuses on Code Crim. Proc., which allows jurors to be a moment in the past when an English court challenged for cause if they “cannot read or confronted the issue. write.” Case law continues to stipulate that The problem never ends. Humans tend to be English is the language to be read or written in egocentric, ethnocentric, and selfish. Education Texas in the interest of due process. See, Pineda and an enlightened legal system provide an v. State, 2 S.W. 3d 1, 8 (Tex. App.—Houston [1st antidote against the excesses resulting from Dist.], March 26, 1999). human instincts. El Paso has made progress In any event as a result of the Lyles decision, in dealing with irrational prejudice, racism and there were probably few Hispanics who sat favoritism for the rich and well connected which on the jury when Duran was tried for murder. are often viewed as ever-present threats to our Although the appellate court rejected the defense justice system. the punishment assessed is excessive. counsel’s argument (that his client should not The case of Duran v. the State, 14 Tx. Ct. We cannot say that it is. True, the be hung for killing a Chinaman), it is possible App. 195 (1883), illustrates the problem, and deceased was a Chinaman, a foreigner that a jury of Hispanic-Americans might not perhaps in the context of time it also illustrates and a heathen, and of a race of people for have sentenced the mentally impaired Juan our progress. In 1883 Juan Duran, a Hispanic which the civilized world has but little Duran to death—but probably not because he of apparently diminished capacity, was tried for regard, but still he was a human being, was mentally impaired or because he had killed the murder of a Chinaman of unknown identity. and in the estimation of the law his life only a Chinaman. After a trial in Presidio, Texas, before Judge T.A. was as precious, and as much entitled to In the years since this case was decided, Falvey (later a judge of the 34th District Court protection, as that of the most exalted and El Paso has elected and appointed Hispanics, in El Paso), the jury sentenced the Defendant to best beloved citizen of our own State. African-Americans, women and other minorities- death by hanging. The Defendant appealed to -including one chief appellate court justice and the Texas Court of Appeals, an appellate court We can take pride in the appellate court’s two lower court judges of Chinese descent--to created by the Texas Constitution of 1876 which opinion. But it is worth noting that at the time judicial posts in this community. eventually morphed into the Court of Criminal of the trial only people who could speak English The problem, however, remains. My Appeals. could serve on the jury. grandfather put it to me this way: “I have After argument of counsel, the Court The rule that only people who spoke English witnessed during my lifetime the invention of wrote: could serve on a Texas jury was established in the telegram, the telephone, the bicycle, the a murder case from El Paso - Lyles v. State, automobile, the airplane, movies, television, air After careful examination we find no 41 Tex. 172 (1874) – based on argument for conditioning, atomic bombs and submarines and error in this conviction. One ground of the the defendant by former associate justice of many other things. I have also benefited from defendant’s motion for a new trial is that the Supreme Court of Texas (1867 – 1869), great advances in health care. Unfortunately, Colbert Coldwell, who at the time was Collector human nature never changes”

April/May 2011 20 Are You Ready For the

Next Step in Business Name: David Wellington Chew Court: Court of Appeals, Conference Calling? Eighth District of Texas Position: Chief Justice b y Da v i d J. Fe r r e l l Education: B.S., United States [email protected] Naval Academy, 1971; Doctor of Jurisprudence, Southern Methodist University, 1978 elephone communication over that it is entering the conference calling Judicial Experience: Justice, computer networks has an acronym business which means it will compete with Eighth District Court of Ap- T- VOIP (Voice over Internet Cisco System’s WebEx and Microsoft’s peals, 1995 to 2006; Chief Jus- Protocol). There are several commercial Live Meeting. Skype is partnering tice, Eighth District Court of Appeals, 2006 to present providers but today I will discuss only with CITRIX ie. GoToMeeting and Staff Attorneys: Nita Ledford; Kim Anderson; Jacquie one, Skype. GoToMyPC. Shi Skype has many FREE features and the Skype announced that about 40 percent Legal Assistant: Gloria Gravalos paid features are inexpensive. Making of Skype users already use Skype’s paid Clerk: Denise Pacheco your computer a Skype computer requires and free services for business purposes. What are your goals as Chief Justice? My goals have you to go to Skype.com and download I have a paid service that costs me $25 a been to maintain and build upon the institutional reputation the free software, then install it on your year, and I can use Skype on any internet of the Court and to continue to foster collegiality among all the justices who have served during my tenure. The computer. There are connected computer and on Eighth Court of Appeals is celebrating its centennial this many plugins that can be my HTC EVO Android cell year, having been established in 1911. I am very honored used with Skype. phone if I am connected to serve as the thirteenth Chief Justice during this special Some of the features/ to any WiFi server (which year. plugins include calling includes at home, at work, As an Asian-American jurist, you have experienced a S k y p e ‑ t o ‑ S k y p e the courthouse and many couple of “firsts” for the State of Texas. What are they? conference calls, Skype other locations). Skype’s I am the first Asian-American appellate judge in Texas, as To Go phone number, cell phone application well as the first Asian-American Chief Justice, and first to video calling, group video will not work on a 3g serve on the Texas Supreme Court. I was honored to have calling, screen sharing, connection. the Asian Pacific Islander Section of the State Bar create instant messaging, text Skype conferencing will an award in my name to recognize an outstanding Texas Asian-American lawyer each year. I am also the proud messaging, Facebook cause a shift in the business older brother of two other jurists in El Paso: District Court news feed, etc. Even of communication and as Judge Linda Chew and Probate Court Judge Patricia Chew. Oprah uses Skype on her television show. technology modifies and simplifies this We owe much of our success to our father, Wellington Yee If you are calling from a Skype computer process, most of us will benefit. Chew, who was the first Chinese-American lawyer in the to another Skype computer the service is The price and name of Skype’s entire state and was a Legal Legend in El Paso bar. free. If you want to call from a Skype conferencing program has yet to be Do you have any advice for the appellate bar? Know computer to land lines or non-Skype determined. Skype has filed for an initial your rules of appellate procedure, keep your briefs short, cell phones there is a fee. Go to the public offering, which is expected to take clear, and to the point, and if you ask for oral argument, above referenced website for a thorough place sometime later this year. don’t waive at the last moment and deprive another party discussion on fees and features. Go to http://en.wikipedia.org/wiki/ that opportunity. In my opinion (by virtue of my election, This article will focus on a March 1, Skype for a thorough discussion about I am entitled to have opinions), we have some of the finest appellate attorneys in the state here in El Paso. 2011 announcement by Skype that asserts Skype.

The El Paso Bar Association’s Bar Bulletin is proudly designed and published by DEL PUEBLO PRESS, INC. We are located on Third and Mesa, Ste E. Contact us at (915) 999-1460 or [email protected]. www.delpueblopress.com

April/May 2011 21

Invitation to participate in Law Day Chess Tournament Any student in grades one through eight (even one of your children) can participate in the Law Day Chess Tournament sponsored by the El Paso Bar Association as part of its Law Day celebration.

Lawyers and paralegals are invited to participate, competing first against each other, and then against the children. Trophies are awarded to the most successful children for winning in their grade category and again if they are able to defeat a participating lawyer or judge.

The tournament this year will be conducted on Saturday April 23 at St. Clements Anglican Church, 810 N. Campbell Street, corner of Campbell and Montana, from 9:00 a.m. until about 1:00 p.m.

The Bar Association needs lawyers, judges and paralegals to participate in this event for it to be successful. If you would like to volunteer, please contact Omar Carmona at 929-9555 or at carmonalaw@ gmail.com; or Clinton Cross at 546-2050, ext. 3084 or at [email protected].

April/May 2011 22 23

“A song ain’t nothin’ in the world than a story with music wrote to it.” Ha n k Wi l l i a m s

tories resonate with each one of us (Willie Nelson/Toby Keith), “I Love This as human beings. We want and need Bar”, “As Good as I Once Was”, and “I’m Sstories to escape, to learn something Just Talkin’ about Tonight” (Toby Keith), as new, to preserve history, to laugh and cry with well as many other hits. He has travelled with the characters, and to be changed. Keith on USO tours numerous times to play Don Schlitz In celebration of the El Paso Bar for the troops. Association’s “The Year of the Storyteller” Allen Shamblin – “He Walked on Water” and in celebration of Law Day 2011, you are (Randy Travis), “Life’s a Dance” (John invited to “The Storytellers” performance on Michael Montgomery), “I Can’t Make You Saturday, May 7, 2011 at 6:30 p.m., at the Love Me” (Bonnie Raitt), and many other Scottish Rite Temple Theater, 310 Missouri hits including “The House that Built Me” (fronts Santa Fe Street). (Miranda Lambert) which was the 2010 CMA At this performance, three famous singers/ Song of the Year and nominee at the 53rd songwriters of multi-platinum, multi-Grammy Grammy Awards for Song of the Year and award winning songs will tell the stories Best Country Song. behind their incredibly famous songs and More information on these performers Allen Shamblin perform those songs for the audience. This is and this event can also be found at www. an amazing opportunity to hear straight from elpasobar.com. the songwriters the meaning and the stories The proceeds of this evening of songs behind their music - you’ll never hear their and storytelling will benefit the El Paso Bar music quite the same way again. Foundation, a 501(c)(3) organization which The songwriters performing are: supports, promotes and encourages programs Don Schlitz – Academy of Country to enhance the administration of justice, ethics Music’s 2010 Poet’s Award recipient for in the legal profession, legal assistance to the lifetime achievement who wrote such classics needy, public education on law-related issues, as “The Gambler”, “The Greatest” (Kenny and legal research and scholarship. ScottyScotty Emerick Emerick Rogers), “I Feel Lucky” (Mary Chapin Tickets are available for $100/each (checks Carpenter), “Rockin’ to the Rhythm of the only, please), and can be purchased by Rain” (The Judds), “Forever and Ever Amen” contacting Nancy Gallego at the El Paso Bar and “When You Say Nothing at All” (Randy Association, (915) 532-7052 or (915) 532-7664 Travis), and many other hits. or by e-mailing Nancy at nancy@elpasobar. Scotty Emerick – Wrote numerous Toby com or [email protected]. Keith hits such as “Beer for My Horses” See you there!

As s o c i a t i o n Ne w s Cl a s s i f i e d s The El Paso Paralegal wMAY 2011 EXPERIENCED ATTORNEY desires office Association sharing, work overflow, arrangement with The El Paso Paralegal Association small or medium size law firm. Have general wAPRIL 2011 will hold its May meeting on practice experience including personal injury, Thursday, May 19, 2011 from The El Paso Paralegal Association will hold worker’s compensation, civil litigation, family 12:00 noon to 1:00 p.m. at the its April meeting on Thursday, April 21, law, bankruptcy, and federal agency law. If El Paso Club, Chase Tower, 201 2011 from 12:00 noon to 1:00 p.m. at the interested, contact Attorney JJ at E. Main St., 18th floor. Speaker: El Paso Club, Chase Tower, 201 E. Main 915/203-0006. Chris Borunda. Topic: Overview St., 18th floor. Speaker: Honorable Yahara of Employment Law. The cost for Central Office Space for Lease: Lisa Gutierrez of the 65th Judicial District lunch, which is optional, is: $16.00 Office space available, receptionist, runner, Court. Topic: Children and the Courts. The buffet or $10.50 salad bar. Please conference rooms, parking, etc. cost for lunch, which is optional, is: $16.00 RSVP for the luncheon with Peggy NO LEASE OR DEPOSIT REQUIRED buffet or $10.50 salad bar. Please RSVP for Dieter at Kemp Smith: 546-5267. Call Bob Earp or Larry Schwartz at 542-1533. the luncheon with Peggy Dieter at Kemp Smith: 546-5267. April/May 2011 22 23

April/May 2011 EL PASO BAR ASSOCIATION PRESORTED 500 E.San Antonio L-112 STANDARD El Paso, Texas 79901 U. S. POSTAGE (915) 532-7052 PAID (Address Service Requested) EL PASO, TEXAS PERMIT NO. 2516

You are invited to The Storytellers El Paso Bar Association’s Law Day Event

April/May 2011