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April / May 2009 ȱȱ Ȃȱ ȱȬ¢ȱȱȱ ȱŜ
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300 EAST MAIN, SUITE 1240 EL PASO, TEXAS 79901 (915) 533-2377 - FAX: 533-2376 on-line calendar at: www.reedleverton.com
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THE PRESIDENT’S PAGE
The probability that we may fail in the struggle ought not to deter us from the support of a cause we believe to be just. State Bar of Texas Award of Merit ABRAHAM LINCOLN 1996 – 1997 – 1998 – 1999 2000 – 2001 – 2006 n May 1st, the legal community will celebrate Law Day, a day created Star of Achievement 2000 - 2008 State Bar of Texas to strengthen our great heritage of liberty, justice, and equality under the Best Overall Newsletter – 2003, 2007 Publication Achievement Award law. This year’s theme is A Legacy of Liberty—Celebrating Lincoln’s 2003 – 2005 – 2006 – 2007 – 2008 Bicentennial. Abraham Lincoln is widely regarded as one of this country’s NABE – LexisNexis Community & Educational Outreach Award 2007 O greatest presidents, for both his eloquence and his inspiring leadership. As we celebrate &RUL+DUERXUPresident this distinguished lawyer and president, let us not forget that the battle for justice is just as &DUORV&DUGHQDVPresident-Elect &KDQWHO&UHZVVice President important today. The economic downturn has had a negative impact on many industries %UXFH.RHKOHUTreasurer and unfortunately, the legal community is not immune. The number of low-income Texans -XGJH0DULD6DODV-0HQGR]D, Secretary -XGJH5REHUW$QFKRQGR, LQQHHGRIIUHHRUUHGXFHGUDWHOHJDOVHUYLFHVKDVVLJQL¿FDQWO\LQFUHDVHGZKLOHDWWKHVDPH ImmediatePast President %RDUG0HPEHUV time, a drop in interest rates has impacted IOLTA funds, the ma- Stephanie Townsend Allala jor source of funding for such services. This drop in funding has Robert Belk Judge Oscar Gabaldon created a “crisis of epic proportions” for programs that provide Joseph Strelitz legal aid to the poor according to Chief Justice Wallace Jefferson. Ann Ward Regina Arditti In 2007, a special fund provided Texas legal aid agencies with Gerald Howard Walker Crowson $20 million to support services for people at or below the federal Anna Perez poverty line. This year, the fund is projected to plummet to $1.5 Jaime Sanchez Francisco Dominguez million, Jefferson said. That will force some legal aid programs Cheryl Lay Judge Tom Spieczny to greatly scale back services, and other programs may close, said Diana Valdez Betty Balli Torres, executive director of the Texas Access to Justice Donald Williams
EX-OFFICIO Foundation, which distributes the money. Jim Sales, who in the -HDQQH³&H]\´&ROOLQV early 1980s helped create a volunteer legal services program for the working poor and a SBOT Director, District 17 +HFWRU%HOWUDQ foundation to support it and now heads the Texas Access to Justice Commission (“TAJC”) TYLA Director, District 14 said, “for any citizen to be denied access to the justice system renders meaningless—at EXECUTIVE DIRECTOR Nancy Gallego least to them—the whole concept of the rule of law of society.” To address this issue, the [email protected] EPBA Board of Directors unanimously adopted a Resolution Supporting Funding For CLINTON CROSS, Editor JUDGE OSCAR GABALDON, Asst. Editor Civil Legal Aid In Texas (see page 15). The Resolution supports TAJC’s request for $37 DONNA SNYDER, Asst. Editor NANCY GALLEGO, Asst. Editor million from general revenue and requests such funds be allocated to bridge this loss of IOLTA funding. The Resolution was sent to the El Paso legislative delegation, as well “The El Paso Bar Journal is a bi-monthly publication of the El Paso Bar Association. Articles, notices, suggestions as to the Chairs and Vice-Chairs of the Senate Committee on Finance, the House Appro- and/or comments should be sent to the attention of Nancy priations Committee, the Select Committee on Federal Economic Stabilization Funding, Gallego. All submissions must be received by the Bar RI¿FHRQRUEHIRUHWKHWKGD\RIWKHPRQWKSUHFHGLQJ and the Appropriations Stimulus Subcommittee. I encourage each of you to contact your SXEOLFDWLRQ&DOHQGDUOLVWLQJVFODVVL¿HGDGVGLVSOD\ ads, and feature articles should not be considered an Legislators to express support for this funding. We owe it to the less fortunate among us endorsement of any service, product, program, seminar to be their voice during this time of need. RUHYHQW3OHDVHFRQWDFWWKH%DURI¿FHIRUDGUDWHV$U- ticles published in the Bar Journal do not necessarily UHÀHFWWKHRSLQLRQVRIWKH(O3DVR%DU$VVRFLDWLRQ LWV2I¿FHUVRUWKH%RDUGRI'LUHFWRUV7KH(O3DVR Bar Association does not endorse candidates for You can read the Resolution Supporting Funding SROLWLFDORI¿FH$QDUWLFOHLQWKH%DU-RXUQDOLVQRW for Civil Legal Aid in TexasRQSDJH and should never be construed to be, an endorsement RIDSHUVRQIRUSROLWLFDORI¿FH´ ѝџіљȱȦȱюѦȱŘŖŖş 4
E L PASO B AR A SSOCIATION $SULO%DU/XQFKHRQ Tuesday, April 14, 2009 (O3DVR&OXE201 E. Main, 18th Floor, Chase Bank $20 per person. 12:00 Noon We will have a panel discussion on the Speciality Courts in El Paso County 3OHDVHPDNH\RXUUHVHUYDWLRQVE\0RQGD\$SULO DWQRRQE\FDOOLQJ 1DQF\DWRUYLDHPDLODWQDQF\#HOSDVREDUFRP
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PLEASE NOTE: Please check the Journal for all the details regarding all above listed events. If your club, organization, section or committee would like to put a notice or an announcement in the Bar Journal for your upcoming event or function for the months of June, 2009, please have the infor- PDWLRQWRWKH%DU$VVRFLDWLRQRI¿FHE\7XHVGD\0D\ ,QRUGHUWRSXEOLVK\RXULQIRUPDWLRQZHPXVWKDYHLWLQZULWLQJ:(:,//0$.(12 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: ID[ QDQF\#HOSDVREDUFRPHPDLO,IZHGRQRWUHFHLYH\RXULQIRUPDWLRQE\WKHVSHFL¿HGGDWHSOHDVHQRWHWKDWZH may try to remind you, but putting this journal 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.
ѝџіљȱȦȱюѦȱŘŖŖş 5
0D\%DU/XQFKHRQ Tuesday, May 12, 2009 (O3DVR&OXE201 E. Main, 18th Floor, Chase Bank $20 per person. 12:00 Noon Guest Speaker will be Hall of Fame Coach, and Native El Pasoan, Nolan Richardson. 3OHDVHPDNH\RXUUHVHUYDWLRQVE\0RQGD\0D\ DWQRRQE\FDOOLQJ 1DQF\DWRUYLDHPDLODWQDQF\#HOSDVREDUFRP
Nolan Richardson’s Bio El Paso Charities Supported
Born – 12/27/41, raised in El Paso, Texas by grandparents who were By Nolan Richardson’s themselves the children of slaves. Annual Golf Tournament Attended the segregated Douglas School until Brown v. Board of (GXFDWLRQDOORZHGKLPWREHFRPHWKH¿UVW$IULFDQ$PHULFDQVWXGHQW at Bowie High School. The Ronald McDonald House which accommodates Good student and outstanding football, basketball, baseball and IDPLOLHVZKRVHFKLOGUHQDUHLQORFDOKRVSLWDOV¿JKWLQJIRU their young lives. track athlete at Bowie; was not allowed to stay with the rest of the The San Martín de Porras House of Hope with their BHS baseball team at a segregated hotel in Abilene for regional educational programs that teach unwed teenage mothers tournament. how to make better lives for themselves and their babies As a UTEP sophomore (the season before Haskins arrived), despite so that they will have a chance at a bright future and leading the team in scoring and rebounding, was not allowed to travel escape the trap of the welfare system. to a 3-game tournament at Centenary College in Louisiana because The Yvonne Richardson, Mark Haskins, Bobby Joe Hill, Louisiana schools would not even allow blacks to compete against Jim Barnes, and Thelma White Scholarship Foundations, their teams. including The Hispanic Chamber of Commerce Education After completing his basketball eligibility, he played baseball his )RXQGDWLRQLQUDLVLQJPRQH\WRHDVH¿QDQFLDOEXUGHQV VHQLRU\HDU 87(3¶V¿UVWVHDVRQRIKDYLQJWKHVSRUW DQGKLWZLWK so that more students will get an opportunity to further 10 home runs and was among the NCAA leaders in RBIs. their education. The Advocacy Center which helps abused children. Drafted by Houston Colts 45’s (MLB), Dallas Chaparrals (ABA), The Amigo Kidney Fund with their Bus and Lift Fund. and San Diego Chargers (NFL). Spent 2 years with Chargers, before This fund provides assistance to patients who need returning to El Paso to begin coaching career. transportation or money to obtain their life-sustaining Coached 10 years at Bowie; 190W-80L. dialysis treatments and to those who must travel to Coached 2 years at West Texas Jr. College in Snyder, Texas. In 2nd Houston for advanced treatment. year, went undefeated (37-0) and won National Jr. College title. The Candlelighters of the El Paso Area with their Coached 5 years at Tulsa (119-37); NIT Champions in 1981; Camp Courageous. This wonderful camp that takes multiple NCAA appearances; in state rivalry record against Oklahoma, terminally ill children to summer camp so that they can Oklahoma State and Oral Roberts 17-1. get a much needed and much deserved break from their &RDFKHG$UNDQVDV 1&$$&KDPSV WKUHH¿QDO hospital beds. At time, perhaps, for a few minutes, a few four appearances, won over 70% of all games. hours or maybe a few days of feeling good so that they can have fun. Coached Panama’s National Team in 2005. Reach for a Star, Children’s Grief Center, Rescue Coached Mexico’s National Team in 2007. Mission of El Paso, Assistance League of El Paso, Child 2008, Inducted into National Collegiate Basketball Hall of Fame Crisis Center, Prevent Blindness of El Paso, Special with co-inductees Charles Barkley and Danny Manning. Olympics, Caesar Tovar Cancer Fund, Avance, Cancer Society, Leukemia Lymphoma Society, KSII FM (Stuff the Rus Bradburg is writting Nolan Richardson’s biography, scheduled Bus), Assistance League of El Paso, Humane Society, IRUSXEOLFDWLRQE\+DUSHU&ROOLQV3UHVVLQ'HF Salvation Army, Diabetes Association and Make a Wish.
ѝџіљȱȦȱюѦȱŘŖŖş 6 ȱȱ Ȃȱ ȱȬ¢ȱȱȱ
BY MICHAEL ALVARADO WK6$)3)5H(QWU\'UXJ&RXUW&RPSOLDQFH2I¿FHU
nthony is a homeowner preparing a tool for determining client readiness for phase to start a new family. He may seem advancement and client compliance, adherence like any other young man, only to program requirements and appropriate AAnthony savors his strength and incentives or sanctions. freedom more than most. He nearly spent the If a client adheres to program rules and his rest of his life in prison—and feared he would RUKHUEHKDYLRUDWWLWXGHUHÀHFWVDSRVLWLYHDQG die there, but for a unique program in El Paso drug- free lifestyle, the client will advance that helps young drug addicts get clean and to the next phase, which results in a lifting back on their feet. (Please See “A Personal of restrictions. Slowly releasing the reigns’ 6WRU\´SDJH demonstrates that a pillar of trust is being Judge Patrick Garcia established the established. Clients at this level begin to talk 384th Substance Abuse Punishment Facility positively about change. They also tend to take program to help people like Anthony have a positive actions for themselves without being choice—something other than the street, other told to do so. Cognitive changes for the better than a perpetual cycle of drugs and violence. DUHUHÀHFWHGLQWKHTXDOLW\RIWKHLUGHFLVLRQ The program began in 2003, with the goal of making. reaching out in a new way to promote a drug- 7KH6$)3)UHHQWU\FRXUWLVRQHRI¿YH free life for adults who have been placed on Drug Courts in the El Paso County. One unique probation. They had to meet certain criteria— component of the re-entry court is that it will such as having had their probation yanked after accept ‘violent offenders.’ Unlike many Drug failing a drug screening. Courts throughout the United States who do not It isn’t just another feel-good program. It’s accept violent offenders the SAFPF Drug Court hard work, and it’s intense. Essentially, it’s a recognizes the importance of allowing this new home for those offenders. It’s a six-month the court. The objectives outlined for each client distinct population the opportunities afforded residential substance abuse treatment facility. include: reporting to the Court & Supervision to others. Once completed, the adults reintegrate into 2I¿FHUDEVWDLQLQJIURPDQ\DOFRKRO GUXJ Judge Patrick M. García believes that a VRFLHW\VORZO\DW¿UVW(YHQDIWHUWKHVHFRQG use, attending AA / NA meetings, obtaining history of alcohol and drug abuse is often at the phase at the halfway house, the intense a sponsor, random urine & breath analysis, core of anti-social criminal behavior. When it is, intervention and monitoring continues. maintaining employment, unannounced home Judge Garcia believes that the alcohol and drug 7KHSURJUDP¶V&RPSOLDQFH2I¿FHU0LFKDHO visits conducted by a El Paso County Sheriff abuse problem must be addressed, regardless Alvarado, describes this program as follows: 'HSXW\DQG(O3DVR3ROLFH2I¿FHUDWWHQGDQG of the offense. actively participate in group and individual With hard work and dedication, many Our program lasts 18-21 months, or up to sessions with a Substance Abuse Counselor. SAFPF participants are on the road to recovery. a time period determined by the Judge and $W¿UVWWKHFOLHQWLVUHTXLUHGWRUHSRUWWRWKH 7KHFRXUWKDVJUDGXDWHGRYHU¿IW\LQGLYLGXDOV the Drug Court Team. Advancement through &RXUWDQGWKHLU6XSHUYLVLRQ2I¿FHURQDZHHNO\ and it has seen the birth of eight drug free the program will depend on the participant’s EDVLV$WHDPPHHWLQJRU³VWDI¿QJ´LVKHOG babies. After completing the program, one progress. Whether an individual remains in the prior to the court session. The team comprise person graduated from UTEP. Many have program (18) months or (21) months is up to the Judge, a public defender, a supervision purchased their own homes and automobiles him or her. The program is ‘client driven.’ 2I¿FHUDFKHPLFDOGHSHQGHQF\FRXQVHORUD IRUWKH¿UVWWLPH2WKHUVKDYHEHHQSODFHG The program is divided into (3) phases and VXUYHLOODQFH2I¿FHUDQGUHSUHVHQWDWLYHVIURP in high management positions with national based on a ‘point system.’ In order to move from local treatment centers and the compliance corporations. phase to phase, certain criteria must be met. The RI¿FHU´6WDI¿QJV´DUHDWWHQGHGE\WKHHQWLUH Drug courts and mental health courts are program’s rules and expectations are provided Team and are used as forums to discuss the revolutionizing our criminal justice system. to participants in a ‘client handbook’ and these progress and regress of all clients. In addition, “Therapeutic jurisprudence” is gaining support rules and expectations are explained by the the team numerically evaluates clients. The in our courthouse and throughout the nation for Judge to the participants in their initial visit to numerical rating or point system is utilized as one reason: it works.
ѝџіљȱȦȱюѦȱŘŖŖş 7 Hi, my name is Anthony...
7KHIROORZLQJLVD3HUVRQDO6WRU\RIKRZ-XGJH3DWULFN*DUFLD¶V6$)3)'UXJ&RXUWKHOSHGRQH\RXQJPDQUHFRYHUIURPWKHUDYDJHV RIGUXJDGGLFWLRQDQGUHFRYHUKLVOLIH3OHDVHUHDG³-XGJH3DWULFN*DUFtD¶V6$)3)5H(QWU\'UXJ&RXUW3URJUDP´ RQSDJH
am an alcohol and drug addict. I started But Judge García had different plans for own again. drinking when I was 13 and started me and for my life. He said he wasn’t giving Since then I’ve stayed away from alcohol using cocaine when I was 16. I’ve lost up on me. He wasn’t going to give up on me or drugs. I relationships, lived on the streets, and even though at that moment I had given up on Last year I asked Judge Garcia for had many jobs. I have been in and out of jail myself. permission to move back to Utah so I could throughout my adult life. When I entered Drug Judge Garcia sent me back to SAFPF. If be with my brothers. The judge granted my Court I had nothing to show for my life. Judge Garcia could believe in me, I thought request. I moved back home. 7KH¿UVWWLPH,ZHQWWKURXJKWKH6$)3) perhaps I could believe in myself. I decided Today I own a home, truck, and a boat. I have program I thought I could do my time, graduate, to work the program. I made a commitment to a good job, and many things I never thought I and then still do what I wanted to do. Four myself to give up my addictions and to begin would have. I plan to get married in April. I months later I found myself back in front of living my life the way I should have begun am enjoying my life, being spiritually as well the Judge. living it many years ago. as physically alive. This time because of my addiction I lost When I was released from the program I Judge García and his team helped me have everything: my home, car, freedom and worst went to a half way house. Judge Garcia let me what I have now: a loving family, closeness of all almost my life. As I once again sat in front VWD\DQH[WUDPRQWKVR,FRXOG¿QGDMREDQG with my brothers—in short, a meaningful life. of the Judge Garcia, I had given up on myself. a place to live. Three weeks later I got a job Thank you, Judge García, and all of you who I was prepared to serve my time. and I left the half way house. I was on my helped me turn my life around. ѕђȱюȱђѢѦјюњȱѕіяђљȱџіяюљȱџѢєȱќѢџѡ BY JUDGE LAWRENCE LUJAN
he Tigua Indian Tribal Court months. However, our Youth Drug Court operates under the jurisdiction Program—Na Peuykam Chibel Court-- of the Nation of the Ysleta requires our youth to adhere to a regimented Tdel Sur Pueblo, a federally program for nine months. These time frames recognized U.S. American Indian tribe are the minimum time required to participate located in El Paso, Texas. The Ysleta del and to successfully complete the program. Sur Pueblo is one of three tribes located However, due to the nature of alcohol or in Texas. It was formally established and drug dependency, sometimes participation recognized as “Tigua” in 1682, after the in the Na Peuykam Chibel Court program Pueblo Revolt of 1680. does exceed nine months. We use both the We are located at 9241 Socorro Rd., success of the youth to complete the program in El Paso’s lower valley. Our facilities as well as review of cases for recidivism as consist of the Tribal Court Building a gauge of our success with our youth court where we house our law library and programs. Tribal Police Department. Although we are a tribal court governed Headed by Tribal Prosecutor Tom Diamond, (Tribal Education Department, Tribal Social by unique rules, we are committed to working co- the Ysleta del Sur Pueblo has its own legal Services Department, Tribal Alcohol and operatively with the larger El Paso community. department. To practice law in the Ysleta del Substance Abuse Program, and the Tribal Police We continue to be active both locally through Sur Pueblo, one must belong to the tribal bar of Department) to assist participants in acquiring programs such as the Border Children’s Mental the Ysleta del Sur Pueblo. the courage, strength and character essential to Health Collaborative, and with the annual The Tribal Court exists to ensure peace and their development. local National Association of Drug Court order on the reservation through enforcement The dockets of the Tribal Court include the Professionals Drug Court graduation ceremony. of the Tribal Code of Laws. The Tribal administration of a Youth Court program and In addition, we seek partnership nationally Court provides an orderly procedure for a juvenile Healing to Wellness (Drug Court), through association with the Native American FRQÀLFWUHVROXWLRQWKDWUHÀHFWVWULEDOFXVWRP which is referred to as the Na Peuykam Chibel Indian Court Judges Association. We invite you traditions and community standards. The Court. Our Youth Court Program requires our to visit with us. Our web address is http://www. court also combines multidisciplinary services youth to adhere to a regimented program for six ysletadelsurpueblo.org/.
ѝџіљȱȦȱюѦȱŘŖŖş 8 ȱȱȱȱ ȱ¢ȱȱDZȱ A Partnership of Hope
BY JUDGE OSCAR G. GABALDÓN, JR.
A journey of a thousand miles begins with a single step.” This Chinese saying epigrammatically embraces the idea of what drug courts are all about. They are about helping people to take one step at a time in the direction of sobriety, which often involves a lengthy journey of recovery. While drug courts may, in part, be meant to hold people accountable for their substance abuse, they are primarily there to lift the spirit of men and women enslaved by the lure and powerful attraction of illicit drugs and alcohol. Drug courts serve as tools of therapeutic jurisprudence and as problem- solving systems; they are designed to help enable and empower those dehumanized by have proven to be innovative and trail blazers, complete before graduating from the drug substance abuse to achieve a drug free lifestyle helping to reunify families successfully and court program. Generally, the duration of the and to obtain a new lease on enjoying a fruitful, expediently, and helping to maintain a low program is from six months to one year. There meaningful, and worthwhile existence. recidivism in substance abuse reoccurrences. are also support groups and other post-drug Substance abuse is perhaps one of the most The first of the 65th Judicial District court services available to the participants upon destructive forces leading to the break up of Family Court’s drug courts is referred to as graduation, so that the drug court graduates families and often time irreparably hurting the Intervention Track Family Drug Court. continue to have access to support systems to FKLOGUHQ6XEVWDQFHDEXVHLQ¿OWUDWHVWKHOLYHV It is designed to provide a full range of drug help them maintain sobriety. of many families, and frequently triggers a court services to parents with substance abuse The second drug court managed by the devastating storm that leads to child abuse issues who have an active CPS court case. The 65th Judicial District Family Court is referred and neglect. Recognizing this reality, the drug court program entails an intensive array to as the Preservation or Preventive Track 65th Judicial District Family Court, which of services which include, among other things, Family Drug Court. This is a relatively new is a designated Victims Act Model Court of inpatient and outpatient services, random drug type of family drug court, and there are very the National Council of Juvenile and Family testing, counseling and therapy on a wide few presently in existence in the country. Court Judges, created two types of drug courts spectrum of areas, parenting classes, and other As jurisdictions become more aware and to exclusively serve the needs of parents with services deemed necessary and appropriate familiar with this type of family drug court, substance abuse issues involved with Child for the individual participants. The judicial it is expected that they will become more Protective Services (“CPS”). At the present supervision of the drug court also involves popular. The Preservation or Preventive Track time, over eighty per cent of court cases brought the professional support of a treatment team, Family Drug Court mirrors all aspects of the by the Child Protective Services division of the composed of CPS staff, drug court staff, Intervention Track Family Drug Court, except Texas Department of Family and Protective treatment providers, and other professionals, that the participants of this drug court do not Services involve one or more parents with which closely reviews each participant’s needs have an active Child Protective Services “court substance abuse issues. Family drug courts and progress in the program. The judge and the case.” Basically, it is a drug court that seeks are essential partners with CPS in carrying treatment team work diligently to consistently to preserve the family by affording the full out the federally mandated preservation and assure that drug court participants are afforded gambit of services offered in the Intervention UHXQL¿FDWLRQHIIRUWVWKDWWKHVWDWHDJHQF\LV quality assistance, training, and services at Track Drug Court. Its objective is not only required to pursue. The two El Paso family every stage of the program. There are three to protect and keep children safe but also to drug courts for Child Protective Services cases phases which participants must successfully help prevent the removal of the children from
ѝџіљȱȦȱюѦȱŘŖŖş 9 their homes. That is, the goal is to provide the enter the program. Additionally, prospective Administration, sees drug courts as an avenue necessary professional assistance to families participants can ask questions and receive of opportunity. He states: “Through drug with substance abuse issues so that those information prior to making their decision to courts, we have an opportunity to build an era families never have to come into the court become part of the drug court program. The of responsibility…Everyday you are giving V\VWHPWKURXJKWKHLQVWLWXWLRQRIDODZVXLW¿OHG idea is for the individuals to make an informed people a second chance at a new future. That by CPS, and have their children removed. Those decision and to have ample time afforded to is what America is about. We are a nation of coming into this family drug court are people them to recognize the tremendous advantages second chances.” And so it is that we all have referred to the program by the CPS Family DQGEHQH¿WVRIMRLQLQJZKDWPDQ\FRQVLGHUWREH a stake in this. We all have a responsibility to Based Safety Services (FBSS) case workers a very promising substance abuse program. help lift others, for as the celebrated American and supervisors. In essence, drug courts are about second businessman, William Pollard, observes, “It People join these family drug courts on a chances. They are about people helping people. is the responsibility of leadership to provide voluntary basis. Prospective participants are Asa Hutchinson, the Under Secretary for opportunity, and the responsibility of individuals DVNHGWR¿UVWREVHUYHVRPHRIWKHGUXJFRXUW Border and Transportation Security and Former to contribute.” Drug courts do precisely that. sessions before deciding whether to enter or not Administrator with the Drug Enforcement They contribute the gift of opportunity. њђџіѐюѠȱ ієѕȱіћѠȱђѐќћёȱ іћȱѡюѡђȱќѐјȱџіюљȱќњѝђѡіѡіќћ BY ROBERT ALMONTE II
very year high school students throughout the State of Texas compete in the Texas High School Mock ETrial Competition. The Dallas Bar Association Mock Trial Committee is responsible for the organization and administration of the statewide high school mock trial program, which was established in 1979. The program is organized through the 20 Texas Education Agency’s Regional Service Centers, reaches more than 200 Texas schools each calendar year, and involves more than 4,500 students annually. This year all teams were provided facts LQD¿FWLRQDOFDVHVW\OHGThe State of Texoma vs. Bo Tyde. Tyde was indicted for the criminal offense of arson and conspiracy to commit arson. Competing teams had to be prepared to present testimony and argue this case for both the prosecution and defense. The El Paso Regional competition consisted of 16 teams from across the city. In this Front Row: Rocky Hardee, Zach Fields, Texas Quezada, Savannah Rappe, Brianna Salinas, tournament, Americas High and Franklin High (OHQD(VSDU]D7HUHVD&DQGHODULD 7HDFKHU6SRQVRU %DFN5RZ 5REHUW$OPRQWH,, $WWRUQH\ DGYDQFHGWRWKH¿QDOURXQGZKHUHXOWLPDWHO\ &RDFK /XLVD*DUFLD'LDQD,EDUUD-RUJH,EDUUD(GZLQ)HOL[ Americas won 1st place. Because more than ten teams competed in the El Paso Regional their victory. They began practicing in October Elena Esparza, Americas accomplished what competition, both teams advanced to the State 2008, and continued practicing almost everyday few El Paso teams have been able to do over the &RPSHWLWLRQZKLFKZDVKHOGWKH¿UVWZHHNHQG for almost six months—working not only on \HDUV WKH\DGYDQFHGWRWKH¿QDOURXQGRIWKH of March in Dallas. weekdays, but also on weekends and during competition after beating Hillcrest High School The Americas High School Mock Trial holidays. RI'DOODVLQWKHVHPL¿QDOURXQG$PHULFDV Team, composed of 10 talented high school Over 150 teams competed at regional represented El Paso with distinction, losing students, was coached by District Attorney competitions throughout the State and the top LQWKH¿QDOURXQGWR6N\OLQH+LJK6FKRRORI Jaime Esparza and Assistant District Attorney 24 teams advanced to the State Competition. 'DOODVLQDVSOLWGHFLVLRQDQG¿QLVKLQJQGLQ Robert Almonte II. The team worked hard for At the State Competition, led by team captain the State Competition.
ѝџіљȱȦȱюѦȱŘŖŖş ȱѡюџȱќѓȱѡѕђȱќћѡѕ юѡѡȱюѡѠќћ BY PATSY LÓPEZ
PYLA is pleased to honor Matt vehicle by hitting a railroad train on Highway DFKDQFH$IWHUEULHÀ\ZRUNLQJIRU5LFKDUG7 Watson as the organization’s “Star of 90, realized the death of a family member, and Marshall, one of his mentors, Matt rolled the the Month.” You may recognize Matt was robbed and assaulted at gunpoint. These dice and opened a consumer bankruptcy law E:DWVRQDVKDOIRIWKHEDQNUXSWF\¿UP experiences made Matt realize that he had been practice with his former law school classmate, of Watson & Maynez, but there is much more taking his opportunities for granted. Omar Maynez. to Matt than meets the eye. When it was discovered that the Although Matt reports that he has Matt was born in Lafayette, Louisiana and wrong person was identified and never worked harder in his life than he grew up in Houston, Texas. From a very young charged as Matt’s assailant he made GRHVQRZKHLVPRUHVDWLV¿HGWKDQKH age he engaged his entrepreneurial spirit. At the it his personal mission to become has ever been. Matt spends the scarce age of eleven years old, when most kids are out a criminal defense attorney. Matt spare time he has available grilling, playing baseball and spending hot summer days ¿QLVKHGXQGHUJUDGDQGDWWHQGHGODZ hiking, running, mountain biking, at the local swimming pool, Matt started a lawn school at the University of Houston and generally enjoying what he refers mowing business. He worked out a great deal Law Center from which he graduated in August to as the “amazing El Paso geography” with his with a friend in which he located jobs and his 2002. Although Matt ultimately decided that girlfriend Karen. friend mowed the lawns. Matt revived his lawn criminal law was not for him, he made some good 6RPHZKHUHEHWZHHQDOOWKLV0DWWDOVR¿QGVWKH mowing business every summer until he turned UHDOHVWDWHLQYHVWPHQWVDQGVKRUWO\DIWHU¿QLVKLQJ time to give back to the El Paso Community by VL[WHHQDQGIRXQGKLV¿UVWMRE law school he moved to El Paso. Matt worked working with Habitat for Humanity, participating in Although Matt has been employed in some IRUWKH(O3DVR&LW\$WWRUQH\¶V2I¿FHIRUIRXU an SISD/EPBA mentoring program, volunteering fashion ever since, it took a little motivation to and a half years. an evening out of every month with his law give him focus as to what he wanted to do with his While at the City Matt did mostly real estate partner to participate in Texas RioGrande Legal life. It was only a culmination of a strange series work with community development, and the Aid’s monthly legal clinic, and doing pro-bono of events that Matt describes as “a perfect storm” planning, research and development department, &KDSWHU¿OLQJVLQFRRUGLQDWLRQZLWK75/$ that put Matt on track to become an attorney. as well as ZBA, the City Plan Commission, and In addition to being a well rounded attorney, Matt says that when he was 19 years old he Historic Landmark Commission. Although Matt is a down to earth individual and active “literally had no direction.” However, in that 0DWWUHÀHFWVIDYRUDEO\RQKLVWLPHDWWKH&LW\ board member of EPYLA. We look forward same year and within the span of about six months the entrepreneur in him won out and he cashed to seeing him use his drive for success to lead Matt narrowly cheated death when he totaled his out his pension and retirement savings to take EPYLA in the future.
Federal, District, County Court-Ordered љȱюѠќȱќѢћѡѦȱ or Attorney-Referral Cases, Civil, Family and Probate To schedule daytime or weekday at 6:00 p.m. іѠѝѢѡђȱђѠќљѢѡіќћȱ contact:Gloria @ 546-8189 or Patricia @ 533-4800 x 133 No fee for Civil or Probate cases ђћѡђџȱђёіюѡіќћDZ Family Case fee: $100.00 per spouse
The El Paso Bar Association’s Bar Bulletin is proudly GHVLJQHGDQGSXEOLVKHGE\'(/38(%/235(66,1& We are located on Third and Mesa, Ste E. &RQWDFWXVDW RUSXHEOR#XUHDFKFRP
ѝџіљȱȦȱюѦȱŘŖŖş џіњђȱћёȱѢћіѠѕњђћѡ ǻȱ Ǽ The Path of Justice for the Murder of Ted Andress Leads Finally Through a Restroom Window
BY BALLARD C. SHAPLEIGH
This is the seventh and last article in a series wise man once said that doctors The Texas Medical Board, under the describing the assassination of Ted Andress, are the same as lawyers; the only number B9376, also maintains a record difference is that lawyers merely of Eidinoff’s Texas license. He received the prominent attorney and civic leader for Arob you, whereas doctors rob his Texas medical license in 1946. The whom Andress High School is named. He you and kill you too. And when it comes to registration status of his license shows “not killing it bears repeating that nothing is more active.” But a “date of discipline” is given as was killed fifty years ago at the El Paso wretched than the mind of a man conscious February 20, 1960, a little over a year after International Airport at the hand of Harold of guilt. the killing. The disciplinary status reads, (LGLQRII0'7KHVHULHVDERXWWKH$QGUHVV In the mind of assassin Harold Eidinoff, “Canceled by Board.” However, Board M.D., the nagging conceit that a lawyer - Ted personnel are unable to provide details murder began with the May, 2008 issue of the Andress - might try to kill him by shooting about the invalidation. They claim that no Bar Journal and concludes with this epilogue him on sight at some chimerical time and place ¿OHVH[LVW MXVWL¿HGDFODLPRIVHOIGHIHQVHRUDVVRPH Neither the Texas nor the New recounting the last of Eidinoff’s continuing might put it, the right of preemptive murder. York licensing authorities possess any efforts to avoid the consequences of his ac- )RUWKH'LVWULFW$WWRUQH\¶VRI¿FH information about the mess the nagging memory of having created by Eidinoff in 1959, tions. ---Clinton Cross contended, rather vigorously, that which, for Eidinoff at least, Harold Eidinoff had no mental came to an abrupt end with a illness at all was juxtaposed cheek Cherokee county jury’s 50- WRMRZODJDLQVWWKH¿QHJUDLQHG minute verdict in 1968. distinction that Eidinoff had not Minutes before the verdict recovered from the mental illness was announced, Eidinoff told a that the DA’s office insisted, reporter, “I’m not optimistic.” originally, that he did not have. Earlier in the nine-day trial, he Harold L. Eidinoff graduated Ted Andress circa told another reporter that his from the NYU School of chances of winning freedom Medicine and obtained his were at best 50-50, but he was license to practice medicine in wrong. New York in 1933. His New After the verdict was York license, still recorded under announced, Eidinoff and his QXPEHU LQWKH2I¿FH attorney, Willis Jarrell from of the Professions-New York Tyler, reportedly appeared State Education Department, is “dumbfounded at their good designated as “not registered.” fortune.” For several minutes, This means that registration of they sat in silence at counsel Eidinoff’s license lapsed without table, not saying a word. explanation; it is not shown Cherokee County Eidinoff then turned to his as being suspended, revoked Courthouse built lawyer and shook his hand, and or surrendered. When asked LQ former hospital attendants who about any disciplinary history WHVWL¿HGLQKLVEHKDOIFURZGHG *URYHU/6WHSKHQV IRUHJURXQG DQDVVRFLDWH associated with the license, the New York around to congratulate him. One court LQWKH$QGUHVV¿UPDWD1HZ ѝџіљȱȦȱюѦȱŘŖŖş \RXFRXOG¿QGDMXU\KHUHZKRZRXOGQ¶WZDQW persuaded Attorney General Crawford Martin to turn him loose and get him out of here.” to give Eidinoff’s case more attention. The AG The newspaper headlines read that a jury put assistant attorney general Allo B. Crowe, Jr. had found Eidinoff sane, but that he still faced in charge. obstacles to gaining his freedom. After the At some point after the verdict, press reports trial, newspaper accounts quoted El Paso began to circulate that Eidinoff and his lawyer District Attorney W. Barton Boling that, “there had entered into an agreement for the killer to remained many legal uncertainties applying the remain detained until the state could appeal new mental health code” including whether the jury’s October 2 verdict that Eidinoff was Eidinoff could be released from hospital now sane. Eidinoff’s lawyer, Willis Jarrell, FRQ¿QHPHQWSHQGLQJWKHVWDWH¶VPRWLRQIRUQHZ was feeling confident. He reverted to the trial and appeal, and whether jurisdiction had more comfortable role of an indignant criminal even been proper in a Cherokee county court defense lawyer whose client has been wrongfully when the original commitment had issued from imprisoned. a Lubbock county court. Jarrell wrote Rusk State Hospital After the trial, Boling returned to work on Superintendent Arch Connolly concerning these his large caseload in El Paso. As he says, “I reports, demanding that, “In the event you do tried most of the murder cases myself,” usually not furnish me with the names of the attorneys W. Barton Boling was the third VLWWLQJ¿UVWFKDLU'XULQJKLVWHUPWKHGLVWULFW who claim I made an agreement with them in (O3DVR'LVWULFW$WWRUQH\WRGHDO DWWRUQH\¶VRI¿FHHPSOR\HGRQO\IRXURU¿YH regard to holding Dr. Eidinoff, I will assume with the Eidinoff case. assistants. So in addition to personally trying your statement was and is false. For three years most of the major cases, Boling also handled describes Eidinoff as possessing aggressive now, my objective has been to secure the release the grand jury and traveled “down district,” as tendencies, a high intellect and with no lack of Dr. Eidinoff and not to humor you, the heads the 34th Judicial District also includes Hudspeth of ego. Eidinoff, he says, assisted in writing a RIWKHKRVSLWDOVQRUWKHGLVWULFWDWWRUQH\¶VRI¿FH and Culberson counties. WKHVLVIRUDODZHQIRUFHPHQWRI¿FHUDWWHQGLQJ in El Paso.” “At any one time,” Boling says, reciting college – he became very upset when the :KLOHWKHGHIHQVHODZ\HUZDVIHHOLQJFRQ¿GHQW easily from memory, “my assistants included student did not receive an “A”. On another and combative, the client was thinking it was lawyers like Jack Ferguson, James H. occasion, Perkins recalls, Eidinoff participated simply time to leave. It was Monday, the 4th of Kreimeyer (now in Belton), Mike Thompson, in a parade organized by and for hospital November, the day before the national elections John Fashing, Odell Holmes, Bob Earp, Don SDWLHQWVE\ULGLQJRQDÀRDWGUHVVHGRGGO\DV in 1968 contested by Republican Richard Nixon Leslie, Edward Marquez, Stewart Victorson Aristotle Onassis. and Democrat Hubert Humphrey. QRZLQ&KLFDJR DQG:DQGD&UHDPHUWKH¿UVW In Perkins’ view, Eidinoff knew, from a Eidinoff was taken to the Cherokee County female lawyer employed by the El Paso District medical standpoint, that he could not match courthouse in Rusk to appear at a hearing on $WWRUQH\¶VRI¿FH´+HDOVRVD\VWKDW(GZDUG wits with former superintendent Dr. Charles the state’s motion to set aside the sanity verdict Marquez, later judge of the 65th District Court, Castner. But this dynamic changed with a change and to grant a new trial. He was accompanied ZDVWKH¿UVW+LVSDQLFWRKROGWKHSRVLWLRQRI in Eidinoff’s doctors, as Castner had retired by attendants from Rusk State Hospital. Allo First Assistant, a fact that was noted in a Juarez and was no longer a state’s witness. While the %&URZH-URIWKH$*VRI¿FHZDVSUHVHQWWR newspaper article. no-nonsense Castner intimidated Eidinoff, his prosecute the state’s motion for new trial. After James I. Perkins, the Cherokee County retirement permitted Eidinoff to turn the tables. the afternoon hearing, a few of the participants Attorney who assisted Boling during the 1968 Eidinoff seemed to intimidate his later doctors remained in the courtroom including Jarrell and trial in Rusk, whose family first settled in with his torrential letter writing. During the trial, the judge. the area in the early 1830s and who is now Perkins says, one doctor in particular acted as if Crowe later told reporters that the hearing president and chairman of the Board of Citizens he could not make up his mind about Eidinoff’s had concluded and that the judge had ruled 1st Bank of Tyler, remembers that James mental status. against the state. Since it would take some time Kreimeyer, Boling’s assistant, was the son Mr. Perkins, who is also a former board to draw the order, Crowe had left he courtroom of a well-known former Rusk superintendent member of the Texas Department of Mental while Eidinoff remained inside. After the and psychiatrist. He notes that the maximum Health and Mental Retardation as well as the YHUGLFWLQ2FWREHU5XVNRI¿FLDOVKDGWLSSHG security unit, where Eidinoff was hospitalized, former Chairman of the Board of Regents of their hand by indicating that, although declared is now a full penitentiary. Stephen F. Austin State University, and a former legally sane, Eidinoff was required to stay at Perkins remembers hearing that Eidinoff Rusk City Attorney, knew some of the jurors. Rusk “for some time” and would be discharged kept a list of people who he would kill or harm He says the Eidinoff case affected how people whenever the legal avenues for his release had when he got out. Perkins recalls seeing a story did their jobs at Rusk. Hospital personnel were EHHQFODUL¿HG in a police gazette or detective magazine, with VHULRXVDERXWIXO¿OOLQJWKHLUUHVSRQVLELOLWLHVDQG Eidinoff asked to use the restroom. The a photo of Eidinoff wearing a funny looking very concerned about someone like Eidinoff request was granted. Security was relaxed. outfit, describing how Percy Foreman had getting any breaks because he was an M.D. In Eidinoff had been committed for a long time; advised Eidinoff that Foreman could not Perkins’ view, Eidinoff was mentally ill and there was no cause for concern. He was not represent him before the doctor killed someone should have remained hospitalized. even accompanied by any guards. It was - that would indicate premeditation. Perkins To handle the motion for new trial, Boling reported to be an atmosphere of “no problems, ѝџіљȱȦȱюѦȱŘŖŖş no worries.” them. We’ll stand on our legal rights. Eidinoff Eidinoff walked into the restroom and isn’t running. He’s going to stay in New York, disappeared. He was never seen within the though, and he intends to practice medicine in State of Texas again. New York. He decided to leave because he Boling remembers that Crowe telephoned had a court order telling the superintendent to him from Austin that afternoon to give him discharge him.” the news. The conversation lasted about half Jarrell quoted Eidinoff saying, “If you were a an hour. Boling does not remember if Crowe voluntary patient and wanted out, he [Dr. Arch told him that he, Crowe, had heard the news on Connolly, superintendent of the Rusk hospital] the radio or had gotten a call from the Texas KDVJRWWRGLVFKDUJH\RXLQ KRXUVRU¿OHD Department of Public Safety, or maybe it was complaint. The court order I have is 30 days a combination of both. But, the message was old, and Connolly has been quoted in the press the same. as saying he would not discharge me.” Jarrell Eidinoff, Crowe said, asked to go to the added that an appeal to the Texas Supreme Court PHQ¶VURRPRQWKH¿UVWÀRRUDQGQHYHUFDPH would take about a year and, for that reason, back. Crowe told Boling that Eidinoff jumped (G3HWLFRODV / DQG-DFN/XVFRPEH 5 Eidinoff decided to leave. When asked if anyone RXWRIWKHPHQ¶VURRPZLQGRZDQGFRQ¿UPHG former law partners enjoying the fall colors helped him, Jarrell said he had not asked. the press accounts that Eidinoff ran to a waiting of New England in October, 2008. Once again, District Attorney Barton FDUZLWKDQXQLGHQWL¿HGSHUVRQEHOLHYHGWREHD Boling was left with few choices. The Texas male behind the wheel, and drove away. dependability of his statement.” The Times Department of Public Safety called him, he The DPS had been calling Crowe, asking also reported that wife Sylvia was still in El says, and agitated for a warrant to arrest and what they were supposed to do and how they Paso “operating the [Hawaiian Royale] motel” return Eidinoff to Texas. “What for - what’s were going to get Eidinoff back. Naturally, but she said she had not corresponded with her the charge?” Boling asked. Again, he pointed Crowe turned to Boling for the answers. husband in a long time. out that Eidinoff had already been acquitted Huddling on the telephone, Boling asked 5XVNRI¿FLDOVLQGLFDWHGWKDWWKRXJKGHFODUHG of murder in 1959, and now he had the added Crowe, “What authority allows you to go after legally sane, Eidinoff was required to stay at DGYDQWDJHRIDMXU\YHUGLFW¿QGLQJKLPVDQH him and bring him back? How are you going Rusk “for some time,” and would be “discharged So Boling asked the attorney general for an to get a warrant? He was acquitted of murder. whenever the legal avenues for his release had opinion. The extradition statutes covered There are no criminal charges pending against EHHQFODUL¿HG´7KH\FLWHGDQ$*RSLQLRQ escaped criminals but left the matter of escape him. Now he has a jury verdict in a civil case holding that patients committed by a criminal from an asylum in doubt. that says he is o.k.! So what authority allows district court could not be released except by Eidinoff had to have the last word. In a letter us to bring him back?” the authority of the committing court, and that to Times reporter, Art Leibson, he claimed he Boling told Crowe he would do a little court was in Lubbock. did not escape, but just left the hospital as he research and get back to him. Boling says The El Paso Times reported that local was entitled to do. He wrote: he found one old statute that pre-dated the officials and other citizens in El Paso had new Mental Health Code, but it did not “believed for years that Eidinoff’s release really address the issue. When talking about would constitute a danger to them.” The The jury found me sane on October 3 and I these matters, Barton Boling (like Richard Herald-Post said that “his escape brought should have left the court a free man. However, my attorney wanted me to wait until the judge T. Marshall and James I. Perkins) displays a some trepidation to El Pasoans,” and that some signed the order, which my attorney had to remarkable memory and an ability to recall feared Eidinoff “might plan to return here to prepare. I simply went back to the hospital Oct. 3 minute facets of the forty-year-old case. The take ‘revenge’ against them.” to pack my clothes and other personal possessions. old statute, Boling says, “provided that if Judge Berliner, for example, was known When I got there, I found out that I couldn’t get someone had escaped from a ‘mental farm,’ to keep a handgun in the chambers of the out. They had all sorts of silly excuses. First, they then you could go get him back. But the statute 171st District Court as a precaution in the said Dr. Connolly was out of town and couldn’t had never been interpreted and contained no event of Eidinoff’s return. Perhaps it was for sign the papers…everyone knew he was there. annotations. And it used that term – ‘mental these reasons that the authorities responsible On the following day, Dr. Connolly received the farm.’” Rusk was no mental farm. for Eidinoff’s release were slow to turn him court order, ordering him to discharge me, as The search for Eidinoff was “unaccountably loose after the verdict. This included Dr. prescribed by law. He said he would not let me delayed,” as authorities in Tyler were not Arch Connolly, the Rusk superintendent, who go. He had been advised to keep me imprisoned QRWL¿HGXQWLOVHYHUDOKRXUVODWHU'U$UFK Eidinoff had previously sued. by the attorney general on the grounds they were Connolly issued an all-points bulletin for On Thursday night, November 7th, Eidinoff going to appeal it. Eidinoff’s capture. The Times reported that “in called his attorney from an undisclosed location El Paso, lawyers and others connected with the in New York. The killer told the lawyer, “It’s Eidinoff said he waited the necessary case anxiously waited word as to whether he not as warm up here as it is in Texas. And I can thirty days for the court order to become had been located or had made good his escape. tell you, it’s a long, long way by bus.” ¿QDONQRZLQJWKDWWKHPRWLRQIRUQHZWULDO Although Eidinoff has insisted he would not Attorney Jarrell told the press that, “We just would be denied, and packed his clothes and come back to El Paso…, the circumstances want the world to know we’re not running. possessions and sent them from the hospital surrounding the case left some doubt as to the We’ll cross other bridges when we come to before Nov. 4th. ѝџіљȱȦȱюѦȱŘŖŖş By the following week, Eidinoff broadcast a or with some organization like the Veteran’s grandsons. He was interred in Miami Beach. live, on-the-air interview by telephone with a Ft. Administration. 6RWKDW¶VWKHVWRU\RIKRZ¿IW\\HDUVDJRD Worth radio station, in an event arranged by his He corresponded with Art Leibson. Leibson well-known doctor shot and killed a prominent lawyer, saying that as far as he was concerned told another El Paso Times reporter in 1978, lawyer on Wednesday evening, January 28, ³WKHOLWLJDWLRQLV¿QLVKHG´+HVDLGKHZRXOG “I get postcards from [Eidinoff] from Paris, 1959, and - to a certain way of thinking and in not go back to El Paso because of threats made London, all over the world. He just got married, the opinion of many people who remember the against him. a young nurse up there in New York and she told episode – got away with murder. Eidinoff went on to continue practicing me, when we were having dinner not long ago, However, as every lawyer knows, no act is medicine in New York. During his last trial ‘I didn’t know anything about his background criminal unless the mind is also criminal. But in Cherokee county, he told a reporter that he until after we were married.’ ” guilty or not, people like Harold Eidinoff, M.D. SODQQHGWRJRHDVWDQGHQWHUWKHPHGLFDO¿HOG Harold Eidinoff, of Riverdale, N.Y., died ZLOOSUREDEO\DOZD\V¿QGLWEHWWHUWRPXUGHU again. At age 59, he did not wish to spend March 25, 1997. He was described only as “the an infant in its cradle rather than nurse an ten years establishing a practice, but thought beloved husband of Patricia, father of Harvey, unacted desire. Colorín colorado, este cuento he could do a good job in state medical work brother of Maxwell,” and the grandfather of three se acabado. The Ted Andress Assassination series is written to commemorate the 110th anniversary of the Bar Association with assistance and encouragement from Edgar Rincón Luna for which the author is grateful. The following resources have been used: Sonnichsen Special Collections Department, University of Texas at El Paso Library, El Paso Herald-Post records, MS 348; The Paul Freund Papers, Eidinoff, Harold 1966 Box 13, Folder 7, Harvard Law School Library; Ex Parte Eidinoff, 408 S.W.2d 540 (Tex. Civ. App.- Tyler, 1966, writ ref. n.r.e.); (LGLQRIIY.UHLPH\HU87 S. Ct. 898, 386 U.S. 905, 17 L. Ed. 2d 801 (1967); Eidinoff v. Connolly, 281 F. Supp. 191 (U.S. Dist. Ct.- N. Dist. Tex. 1968); Connolly v. Eidinoff, 442 S.W. 2d 415 (Tex. Civ. App.- Tyler 1969, d’m w/out juris.); Time Magazine, March 18, 1966 and March 21, 1969, The El Paso Times and The El Paso Herald Post archives of the El Paso Public Library; and personal interviews. This presentation 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 was created pursuant to fair use guidelines and further use is prohibited. The El Paso Women’s Bar Association’s Past Presidents Luncheon was held March 7, 2009 DW$UGRYLQR¶V'HVHUW&URVVLQJ Back row, pictured left to right: Cori Harbour, Sarah Snook, /LQD2UWHJD.DWKOHHQ$QGHUVRQ Susan Larsen, Cezy Collins, Linda 6DPSOHVDQG'LDQD9DOGH]Front row, pictured left to right: Mara %ODWW7RQL(VWDYLOOH.LWW\6FKLOG and Leila Hobson A C T S -XGJH7RP6SLHF]Q\-RVHSK³6LE´$EUDKDP /DV9HJDV0D\RU2VFDU*RRGPDQ&RUL+DUERXU Judge Yvonne Rodriguez & %UXFH.RHKOHU6WHYH-DPHV & Carlos Cardenas. Judge Maria Salas-Mendoza )UDQFLVFR³3DFR´'RPLQJXH] ѝџіљȱȦȱюѦȱŘŖŖş ѝџіљȱȦȱюѦȱŘŖŖş SENIOR LAWYER INTERVIEW ќяȱ ќѦ BY CLINTON F. CROSS Bob Hoy, one of our 50 year lawyers, is a licensed lawyer and a retired car dealer. When Bob Hoy began practicing law, attorneys were held in greater esteem than car dealers. Bob Hoy’s life challenge to us is to emulate his public service-- to work as he worked to improve his trade and his community. %RE+R\ZLWKKLVJUDQGFKLOGUHQ0HJDQG'UHZ CROSS: Where were you born? He waded across the Rio Grande and made his Robert died of AIDS in 1991 at age 35. Steve HOY: In 1933 in El Paso at the Masonic way back home. That was the last job he ever manages two of our automobile dealerships Hospital located at Five Points. agreed to do in Juarez. here. Steve married Annette Cordova of El Paso, who is a practicing OB/GYN medical CROSS: Who were your parents? CROSS: Brothers and sisters? doctor. They have four children, Robert HOY: Robert H. Hoy, Sr. had nine brothers HOY: I have a younger sister who lives in Andrew, Margaret, and Elizabeth and Allie and sisters and he never graduated from high Oregon and a deceased younger brother. Rose (who are twins). The two oldest are in school. When he was in his early twenties, he college. followed three of his brothers from Arkansas to CROSS: Where did you go to school? El Paso and in the late 1920’s got in the grocery HOY: I went to Crocket Grade School. I CROSS: O.K., back to your career. What business. He managed the second of what would graduated from Austin High School in May, did you do when you returned to El Paso? become a chain of two hundred supermarkets 1951. I went to Texas Western College for one HOY: I knocked on a lot of doors, trying and convenience stores in three states operating year. I then transferred to the University of Texas WR¿QGDMRE2QHGD\,ZDVRQWKHVWUHHW under the name Food Mart with headquarters in at Austin. I got a pre-law undergraduate degree, outside the Bassett Tower and ran onto Hughes El Paso. He retired in the late ‘60’s as the Chief and in 1957 my Bachelor of Laws degree. Butterworth who told me he thought there 2SHUDWLQJ2I¿FHURIWKHFRPSDQ\ZKLFKZDV ZHUHWZRODZ\HUVRQWKHHOHYHQWKÀRRUWKDW listed on the New York stock exchange. CROSS: So then what did you do? needed an associate. I took the next elevator About 1916 my maternal grandmother HOY: I wanted to an FBI agent. But when I WRWKHHOHYHQWKÀRRUDQGDVNHGWRWKHVHHRQH followed a couple of her sisters from New was in law school I got married, and we had a of the lawyers, Doyle Gaither. I introduced Orleans to El Paso, bringing her infant child, son and the FBI was no longer an option. myself and told him I was looking for work. my mother, with her. My mother’s step-father Doyle wanted to know who referred me. I was Richard Owen, a civil engineer. During CROSS: Wait a second. Before you fully told him Hughes Butterworth. He hired me the Mexican Revolution, Richard was in Juarez answer my question, tell me about your wife. on the spot. doing survey work when Pancho Villa’s soldiers HOY: 0\ZLIHRI¿IW\WKUHH\HDUVLV5RVH captured him and tied him to a tree. During Ann McClellan, originally from Houston. We &5266 :DVDQ\RQHHOVHZLWKWKH¿UP" the night, a young Mexican girl untied him. had two sons, Robert III and Steve M. Hoy. +2< Jack Brewster. ѝџіљȱȦȱюѦȱŘŖŖş 1981 for a six year term, and I served as its CROSS: Let me see if I understand: you’re CROSS: How long were you with that chairman from 1984 to 1986. During that time, married, parenting children, selling cars, ¿UP" I am proud that we adopted an advertising code, trying to improve the automobile industry, HOY: $IWHUDFRXSOHRI\HDUVWKH¿UPVSOLW and we passed the Texas Lemon Law. serving on city council, and rooting out -DFNDQG,IRUPHGWKH¿UPRI%UHZVWHUDQG corruption. I assume your plate was full. +R\7KHQZHDGGHG3KLO&ROH7KH¿UPZDV CROSS: Were you ever recognized for your HOY: Not really. I have been active in UTEP renamed Brewster, Hoy, and Cole. Phil later contributions? alumni activities for at least forty years. I have became a highly regarded federal magistrate. HOY: In 1988 the Texas Automobile been a member of the UTEP Development Board After a few more years, I left and became Dealers Association nominated me for the IRU¿IWHHQ\HDUV,ZDV9LFH&KDLUPDQRIWKDW DSDUWQHULQWKH¿UPRI*RRGPDQ+DOOPDUN National Automobile Dealers’ Association- board from 1999 to 2006. I was Vice Chairman Hoy, and Beard. I stayed with them until Time Magazine Quality Dealer Award. There of the Legacy Campaign at UTEP, which when December 31, 1972. were 68 national nominees and I was one completed in 1999 was UTEP’s most successful RIVHYHQWHHQ¿QDOLVWV,Q ,ZDVRQHRI fundraising campaign in its history. During CROSS: Then what? twenty-two dealers in the country to receive the WKHSDVWWZHQW\¿YHRUPRUH\HDUV,KDYHEHHQ HOY: I purchased the local Volkswagen American International Dealers’ Association- SDUWLFXODUO\DFWLYHLQWKH¿HOGRIKHDOWKFDUH, dealership in January, 1973. While I was never Sports Illustrated Dealer of Distinction Award. have been Chairman of the Board of Managers of foolish enough to represent myself in any legal Remember, there are probably 15,000 dealers R.E. Thomason General Hospital; served on the matter, my legal education and experience in the country. In 1991, I was one of eight Board of directors of El Paso Cancer Treatment practicing law for fourteen years was very dealers to receive the American International Center; served as Chairman of Providence helpful in managing a business venture. Dealers’ Association-Sports Illustrated Dealer Memorial Hospital Board of Trustees; and All-Star Dealer Award. During my career, I served as Chairman of El Paso Del Norte Health CROSS: Why did you quit the law was also elected by my peers three times to the Foundation. I was also Chairman of the Business business? Volkswagen National Dealer Counsel, and three Roundtable and I was a founding member and HOY: I have been asked that question many times to the Mercedes-Benz National Dealer Chairman of the Business Leadership Research times. Rather than give a long answer, I just Counsel. Council (which is now the Paso Del Norte Group). say “I wanted to make an honest living for a I have also been very active in Texans for Lawsuit change.” I always get a good laugh. I really CROSS: Any other public service? Reform since its founding in 1994. left the practice because for me it was not a HOY: I was elected to the El Paso City KDSS\ZD\WRPDNHDOLYLQJ2I¿FHSUDFWLFH Council in 1969, and served a two year term. CROSS: So where did you develop your never appealed to me and litigation is full of In 1973 I served as Vice Chairman of the dedication to public service? unhappy people including clients, witnesses, El Paso Civil Service Commission. In the HOY: From the practice of law I developed judges, jurors, and opposing counsel. 1970’s I served as Vice Chairman to a Special an interest in our community from politics to Crime Commission appointed by Mayor Don other kinds of civic involvement. Also, over CROSS: And I know you’re still selling Henderson to investigate corruption in the police the years of practice, I did enjoy representing cars. department, and we did identify and eradicate and counseling clients from all walks of life HOY: I managed our business from 1973 VLJQL¿FDQWDEXVHV with many different needs. to 1998. By 2000 we had grown from one dealership which sold Volkswagens to three dealerships with eight franchises (Hoy-Fox Automotive Market which sells and services Mercedes-Benz, Volkswagen and Volvo; Hoy- )R[$FXUD,Q¿QLWLDQG+R\)R[7R\RWD6FLRQ and Lexus. Steve Fox went to work for me in 1975 and later became a partner. My son, Steve, joined us in 1988 and is also a partner. In 1998 I stepped down as CEO, sold more stock to Steve Fox, and gifted stock to Steve Hoy. In 2000 I retired from any active part in the business, but I am still a partner in the stores. CROSS: As a car dealer, did you participate in trade association activities? HOY: I was active in the Texas Automobile Dealers Association from 1975 to 2000, and /HIWWRULJKW 6DQIRUG&R[)UDQN+DUW)UHG0RUWRQ'RQ6WXGGDUG-RKQ6WHLQEHUJHUDQG I was elected chairman of the Association in :&³3DW´'XGOH\Not in the picture: 7KRPDV0'LDPRQG-U:D\QH6*HUEHU5REHUW+ 1996/1997. Governor Clements appointed me Hoy, Jr., Robert F. Mayhall and Richard L. Reep to the Texas Motor Vehicle Commission in ѝџіљȱȦȱюѦȱŘŖŖş 7KLVPRQWKWKH(O3DVR%DU-RXUQDOOLWHUDU\SDJHSUHVHQWVD'RQQD-6Q\GHUSRHP THREE SIDES OF THE SAME MOON shadows drench the mesas with the brilliance of night midnight snowscapes under mid summer full moon when there is no moisture-- no frigid desert air or vapors off the hot river-- your eye is easily deceived while she waxes you perceive depth in shadows dark passageways to nowhere but where you are in the third cycle love must always trick the eyes the overripeness of bruises the blemishes all the defects veiled their effect diffused in the twilight no one knows the point where space and time cease to matter 6Q\GHUKDVSUDFWLFHGODZLQWKHSXEOLFLQWHUHVWVLQFH DQGLWFXUUHQWO\LQWKHFULPLQDOGLYLVLRQRIWKH2I¿FHRIWKH&RXQW\$WWRUQH\ She founded and continues to present weekly creative writing workshops through the Tumblewords Project. Her work has been published in many on line and print literary journals and magazines. Legal Literati call for submissions: The practice of law requires the ability to use the written or spoken word to provoke or prompt an intended result. Consequently, throughout history, lawyers have been known for creativity in the arts as well as in formulating argu- ments. The El Paso Bar Association wants to celebrate this aspect of the legal profession, and to encourage its members to recognize and cultivate their own creative impulses. We ask members or other law related professionals to provide their poems, lyrics, very short stories, or other creative expression. 3OHDVHVXEPLW\RXUZRUNIRUFRQVLGHUDWLRQWR3RHWU\(GLWRU'RQQD-6Q\GHUYLDHPDLOWR GRQQDVQ\GHU#FDHSFRXQW\FRP ѝџіљȱȦȱюѦȱŘŖŖş ȱ ǰȱ ȱŗŘŖŗ BY CHARLES GAUNCE /HJDO5HIHUHQFH/LEUDULDQ8QLYHUVLW\RI7H[DVDW(O3DVR rom thousands of cases translated from then how does having the rapist marry the rape Latin and French and published by the victim advance this? I would be interested if any Seldon Society in London, England, Charles of you criminal defense practitioners have had any FGaunce researches the English Common success in getting any robbery charges dismissed Law and shares with us a few selected cases. by having the accused sign a promissory note in This case reminds us that while human nature favor of the victim, and then telling the prosecutor may never change, culture and the law do change. that the parties have reached an agreement. There’s hope for humanity, after all. Clinton F. Anyone…Anyone…Bueller? Cross Second, why would anyone believe that a rapist is a good candidate for marriage? 7KHFDVH Third, why would a rapist put himself in daily contact with his victim where she can poison him Malot Crawe [acusses] Robert, Godfrey’s son, with her cooking, slay him as he sleeps, or simply of rape. He comes and defends. It is testified make his life a living Hell? Any rapist who thinks that he thus raped her and that she was seen marriage to his victim is a better result than simply bleeding. By leave of the justices they made spending several years incarcerated deserves the concord on the terms of his espousing her. 1DPH SXQLVKPHQWDERXWWREHLQÀLFWHGVLPSO\EHFDXVH Manny Barraza he is too stupid to realize what misery is about to &RXUW &RPPHQW befall him. Criminal District Court One This case comes to us by way of the Hundred Finally, to what extent is the judiciary becoming ѝџіљȱȦȱюѦȱŘŖŖş 20 ќћǯȱќяђџѡȱ ǯȱ юљѣюћȱ Above the Law ќѢћѡѦȱюѤȱіяџюџѦȱђѤѠ BY LYNN SANCHEZ The Law Library has acquired the following materials of general interest, which are available for check out: $QGHUVRQ.HQ 'DQ0RRG\ &UXVDGHUIRU-XVWLFH (Georgetown Press, Georgetown, Texas, 2008). %ORGJHWW'RURWK\ %ORGJHWW7HUUHOOO 6FRWW'DYLG The Land, the Law, and the Lord: The Life of Pat Neff (Home Place Publishers, Austin, Texas, 2007). %URZQ1RUPDQ +RRG%RQQHWDQG/LWWOH%URZQ-XJ 7H[DV3ROLWLFV ² (Texas A. & M. University Press, College Station, Texas, 1984). &KDONOH\-RKQ =DFK/DPDU&REE (O3DVR&ROOHFWRURI&XVWRPVDQG,QWHOOLJHQFH'XULQJWKH0H[LFDQ 5HYROXWLRQ (Texas Western Press, The University of Texas at El Paso, El Paso, Texas, 1998). Marc Jacobs, Esq. is a partner at Michelman & Robinson, 7KRPDVRQ(ZLQJ LLP. Combining his professional and personal interests, Thomason: The Autobiography of a Federal Judge (Texas Western in his spare time, Marc authors the “Above the Law” legal cartoons focusing on the humorous relationship between Press, The University of Texas at El Paso, El Paso, Texas, 1971). life and law. For more information on Above the Law, please visit www.marcjacobslaw 'R\RXKDYH OHJDOZRUULHV" Come to our free legal clinics and help yourself to peace of mind Absolutely no cost to receive legal advice! ѝџіљȱȦȱюѦȱŘŖŖş ѝџіљȱȦȱюѦȱŘŖŖş 22 ASSOCIATION NEWS El Paso Women’s Bar Association The El Paso Women’s Bar Association will hold its April meeting on Wednesday, April 8, 2009 at 12:00 noon at Original Jaxon’s on Mesa and Castellano. There will be a CLE presentation on Criminal Law Food from the Women’s Bar is a new Anti-Hunger program that the El Paso Women’s Bar Association is bringing to El Paso. For more information please contact Toni Estaville at 227-7372 or at [email protected] The EPWBA will unveil the Kids’ Law Library at Aoy Elementary on Wednesday, May 20, 2009, during the Positive Role Model Program graduation. A special thanks goes out to Linda Samples and Cori Harbour for coordinating this project. The EPWBA will hold its annual charity event, Lawyers Got Talent? on Friday, May 29, 2009 at the (O3DVR&RXQWU\&OXE3URFHHGVEHQH¿WWKH/HJDO&KDULWDEOH)RXQGDWLRQRI(O3DVR3OHDVHFRQWDFW Andrea Cortinas, Sarah Shook, or Diana Valdez at 533-2493 or Toni Estaville at 227-7372 for tickets, sponsorship opportunities or to perform in the talent show.. El Paso Paralegal Association The El Paso Paralegal Association will hold it April meeting on Thursday, April 23, 2009 at 12:00 noon at the El Paso Club. Guest speaker will be David Jeans of Ray, Valdez, McChristian and Jeans. The May meeting will be held on Thursday, May 21, 2009 at the El Paso Club at 12:00 noon. Guest speaker will be Jeff McElroy of Ray, Valdez, McChristian and Jeans. Please RSVP to Ruby Zuniga at 533-4424. El Paso Young Lawyers Association The El Paso Young Lawyers will be hold their April meeting on Thursday, April 16, 2009 at Medallions Resturant, 501 Texas Ave.. Happy Hour will be held at 5:30 p.m at a location TBA. The EPYLA May meeting and Happy Hour will be announced via the EPYLA listserv at a later date. The EPYLA will hold a Family Picnic on Saturday, April 25, 2009 at Memorial Park from 12:00 – 4:00 p.m. Join us for a fun day. For additional information contact [email protected] CLASSIFIEDS 2I¿FH6SDFH for Lease: Prestigious Wells Fargo Plaza Building, 221 N. Kansas, Suite 609. Perfect for the solo practitioner. Call 533-8267 for information and details. &HQWUDO2I¿FH 6SDFHIRU/HDVH Expert Witnesses in: 2I¿FHVSDFHDYDLODEOH &RQVWUXFWLRQ 3URGXFW)DLOXUHV receptionist, runner, 9HKLFOH$FFLGHQWV )LUHV([SORVLRQV conference rooms, )RUHQVLF$FFRXQWLQJ (QYLURQPHQWDO&ODLPV parking, etc. Call Bob Earp or Larry Schwartz San Antonio 866.202.3747 at 542-1533. 7H[DVRIÀFHVVHUYLQJFOLHQWVVWDWHZLGHDQGRWKHURIÀFHVLQWKH86 ѝџіљȱȦȱюѦȱŘŖŖş 23 38%/,&127,&($332,170(172) 81,7('67$7(0$*,675$7(-8'*( (/3$627(;$6 The United States District Court for the Western District of Texas is accepting applications for the position of full- time United States Magistrate Judge at El Paso, Texas. 7KHWHUPRIRI¿FHLVHLJKW\HDUVDQGWKHFXUUHQWDQQXDO El Paso Young Lawyers salary for the position is $155,756.00. Golf Tournament A full public notice for the magistrate judge, application forms, nad application submission procedures are posted SATURDAY, MAY 9, 2009, 8:00 A.M. on our web site at: http://www.txwd.uscourts.gov/jobs/ Painted Dunes Golf Course default.asp IHHLQFOXGHV*ROI&DUW5DQJH%DOOV Questions may be directed to Ms. Lorre K. Kukla, Direc- tor of Human Resources, (210) 249-4034 x 505. The 4-person scramble application must be received no later than May 30, 2009. Cash Prizes for 1st, 2nd & 3rd place Application submission procedures will be attached to the Ditty Bags application. Door & Hole Prizes Food, Drinks, Snacks 7KH8QLWHG6WDWHV'LVWULFW&RXUW LVDQ(TXDO2SSRUWXQLW\(PSOR\HU To sign up call 533-0009 or email [email protected] 6DYHWKH'DWH El Paso Women’s Bar Association’s Charity Bash 2009: LAWYERS GOT TA L E N T ?! ѡђѣђћȱǯȱ юњђѠ 3OHDVHMRLQXVLQKRQRULQJWKH RESOLVING DISPUTES THROUGH :LQQHURIWKH7UDLOEOD]HU$ZDUG MEDIATION OR ARBITRATION 0D\ SP El Paso Country Club %RDUG&HUWL¿HGLQERWK&LYLO7ULDO/DZDQG 5000 Country Club Pl # B, El Paso, TX 79922 Consumer and Commercial Law by the Texas Board 7LFNHWV SHUSHUVRQ *RYHUQPHQW1RQ3UR¿W5DWH of Legal Specialization For more information, please contact Toni Estaville 521 Texas Ave.El Paso, Texas 79901 (915) 543-3234 at [email protected] or Andrea Cortinas at [email protected] (915) 543-3237 – Fax [email protected] ѝџіљȱȦȱюѦȱŘŖŖş EL PASO BAR ASSOCIATION PRESORTED 500 E.San Antonio L-112 STANDARD El Paso, Texas 79901 U. S. POSTAGE (915) 532-7052 PAID $GGUHVV6HUYLFH5HTXHVWHG EL PASO, TEXAS PERMIT NO. 2516 ȱ ǰȱ ȱȱȱȱȱ ȱȱȱ ¢ȱȱ¢ȱȱȱ Law Day Dinner and Awards Presentation Saturday, May 9, 2009 Coronado Country Club, 1044 Broadmoor Dr. ¢ȱ DZȱŜDZŖŖȱǯǯȱȮȱŝDZŖŖȱǯǯ DZȱŝDZŖŖȱǯǯ ȱDZȱŞDZŖŖȱǯǯ For the kids: Face Painting, Jumping Balloon & Balloon Animals ǞśŖǯŖŖȱȱȱǻȱǼ ǞŗśǯŖŖȱȱȱ(special menu and treats for kids) ȱ¢ȱ¢ǰȱ¢ȱŗǰȱŘŖŖş ȱ ѝџіљȱȦȱюѦȱŘŖŖş