Last week, lame-duck State District Judge Bret Griffin ordered State Sen. Larry Taylor to testify in a lawsuit brought by the Brownsville Independent School District against the Texas Windstorm Insurance Association. The school district is represented by trial lawyer Steve Mostyn, a prolific donor to the Democratic Party. Gilad Edelman and Eli Okun reported on the ruling in the Texas Tribune:
A state senator will have to testify in response to allegations that he exerted improper political pressure on the state windstorm insurance agency, a judge ruled Thursday.
Sen. Larry Taylor, R-Friendswood, has denied accusations that he pressured the Texas Windstorm Insurance Association to fight more insurance claims cases in court in order to avoid paying large settlement sums to trial lawyers who often donate to Democratic politicians. Taylor vowed to appeal the decision.
Sen. Taylor issued a scathing response to the decision, pointing out that Judge Griffin should have recused himself from the case after Taylor was instrumental in defeating him in the March GOP primary.
SEN. TAYLOR DENOUNCES BIASED RULING
– Defeated Judge Rules in Favor of Democrat Mega Donor Steve Mostyn –
Sen. Larry Taylor
AUSTIN, TEXAS (July 7, 2014) . . . State Senator Larry Taylor (R – Friendswood) denounced a preliminary ruling issued late Friday by State District Judge Bret Griffin allowing plaintiff attorney and Democratic Party mega donor Steve Mostyn to take Taylor’s deposition in a lawsuit against the Texas Windstorm Insurance Association (TWIA). Taylor, who is not a party to the Mostyn case in question, opposed the motion, along with Attorney General Greg Abbott. Taylor has indicated an appeal of Griffin’s decision will be immediate.
Senator Taylor said, “Bret Griffin’s ruling is the latest installment of Steve Mostyn’s political harassment and intimidation campaign. I will not stand by and tolerate the trial lawyers’ agenda to trump transparent government and their attempt to misrepresent the truth to the policyholders of TWIA or the constituents of my district. Griffin’s decision to grant Mostyn’s request represents nothing more than political favoritism and a permission slip for an unwarranted fishing expedition.”
Earlier this year, Senator Taylor conveyed his strong opposition to Griffin’s gubernatorial appointment to the bench due to Griffin’s close ties to Democrat trial lawyers including Steve Mostyn and Tony Buzbee. Taylor expressed his dissatisfaction during the appointment process in his official role as a Texas Senator and publically endorsed Griffin’s opponent during the 2014 GOP primary. Griffin was defeated shortly after his appointment in the recent Republican primary run-off in Galveston County last month by conservative GOP attorney Pat Grady. Taylor added, “Due to the relevant circumstances of a disputed appointment and recent election defeat, any reputable jurist would have recused themselves from choosing to hear this motion.”
Personal injury trial lawyers who have traditionally been the single biggest source of funding for the Democrat Party, including former Galveston County Democrat Party Chair Tony Buzbee, have largely financed Griffin’s political campaigns. Buzbee and Mostyn have worked together on lawsuits against TWIA and have collected millions of dollars in attorney fees from those lawsuits.
According to campaign finance reports, Steve Mostyn contributed over $10 million in 2012 to democratic campaigns and causes. He is one of the largest contributors to the various political efforts of Barack Obama, Hillary Clinton and Wendy Davis. In recent years, Mostyn has also spent over $2,000,000 in his unsuccessful attempts to defeat Senator Taylor through funding “Trojan Horse” political opponents, direct mail pieces, billboards, robocalls and with negative smear campaigns.
“Over the past five low-activity storms seasons (2009-2013), hundreds of millions of dollars that should have been set aside for future storms has instead been used to pay excessive legal fees,” Taylor said. According to the consulting firm of Alvarez and Marsal, the most active plaintiff law firms, including Steve Mostyn, have earned an estimated $250 million suing TWIA.
Senator Taylor said, “If a TWIA policyholder has a legitimate covered claim, that person deserves to be paid fairly and promptly. Over the last five legislative sessions, I have filed bills to reform and replace TWIA with a better structure to ensure a fair process and prompt payment of legitimate claims. I’m trying to protect my constituents who deserve to know their TWIA premium dollars will be there to pay for losses in the event of a storm. That is the job I was elected to do and I will continue to look out for the citizens of Senate District 11.”
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The outcome of this case could have far reaching ramifications for those of us on the coast. If Mostyn, et. al., are successful in continuing to drain TWIA’s resources, there will be nothing left to pay homeowners in case another storm hits.
NEW STUDY FINDS LOW RATES OF JURY SERVICE PARTICIPATION A WIDESPREAD PROBLEM IN TEXAS
Governor Rick Perry Proclaims July “Juror Appreciation Month,” Urges Texans to Respond to Call for Jury Service
AUSTIN, TEXAS—According to a recent study, Texans called to serve on a jury still are not showing up. The study found that in some Texas counties, as many as 80 percent of those summoned for jury duty simply fail to show up.
The study was commissioned by legal watchdogs Citizens Against Lawsuit Abuse (CALA) to research response rates in 13 Texas counties over the last four years. Ten counties responded, showing a widespread problem in Texas with low rates of participation in jury service, even after reforms were passed to increase juror pay.
Noting the importance of jury service to our civil justice system, Governor Rick Perry has declared July to be Juror Appreciation Month in Texas.
In his proclamation, Gov. Perry states, “The right to a trial by a jury of our peers is a critical part of our justice system. Unfortunately, many undervalue that right and shirk responsibility when they are called to jury service. Because plaintiffs, defendants and our communities as a whole all have a vested interest in fair, impartial justice, it is imperative that every citizen priorities jury service and thoughtfully, respectfully serves when called.”
“Our justice system doesn’t work without people to serve on a jury,” said Jennifer Harris of Citizens Against Lawsuit Abuse of Central Texas (CALACTX). “We need more Texans to follow the Governor’s lead and respond to the call to serve.”
Highlights from the study on jury service participation rates include:
Montgomery (14.12 percent) and Harris (26.54 percent) notched the lowest participation rates of examined counties, and also showed a decline from the previous year (2012).
Cameron County reported the highest participation rates of those counties surveyed with nearly 73 percent.
Participation varies by zip code. In 2004 in Harris County jury participation ranged from 5 percent to 35 percent depending on zip code, with higher response rates among higher income neighborhoods.
Transitions to electronic summons systems – which save on postage and reduce administrative costs for counties – have had varying success and impact on jury service participation. Hidalgo County saw a lower juror response rate in 2010 after the implementation of the new online summons system.
“Nearly 90 percent of Texans believe that serving on a jury is an important, but they still aren’t showing up,” said Diane Davis of East Texans Against Lawsuit Abuse (ETALA). “They might talk the talk, but Texans certainly don’t walk the walk when it comes to serving on a jury. It’s time we changed that.”
CALA is working to raise awareness about jury service as an important civic duty and a critical role to the ability of our courts to be able to properly function.
“The right to a trial by a jury of your peers is one of the most important freedoms Americans enjoy,” added Connie Scott of Bay Area Citizens Against Lawsuit Abuse (BACALA). “It’s integral to have a jury of engaged citizens to make sure that our justice system runs efficiency and how it was intended.”
“Texans need to appreciate the important role jurors play in our civil justice system. By returning an impartial verdict, jurors make sure our courts are used for justice, not greed,” said Febe Zepeda of Rio Grande Valley Citizens Against Lawsuit Abuse (RGVCALA). “Jurors also increase the transparency to make sure that all of our valid court cases receive an equal and fair consideration.”
“Citizens Against Lawsuit Abuse groups are proud to be working across Texas to shine a light on this issue, educate citizens on the importance of jury service and encourage citizens to answer the call to serve,” said Hazel Meaux of Texans Against Lawsuit Abuse (TALA) . “We’re grateful to have Gov. Perry join us in this effort to improve jury service participation across the state.”
The full jury service study is available online by clicking here.
To view the full proclamation from Gov. Perry, click here.
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If you ever have to go in front of a judge, wouldn’t you want the pool of potential jurors to be large enough for your attorney to weed out jurors she thought were biased against you? Think about that the next time you receive a summons to serve. My friend Lucy Forbes is an appellate attorney and recently served on a jury. After that experience, she had this to say:
I want to make a personal plea to all my Facebook friends to please serve as a juror. Let me tell you the perks, having recently served myself for the second time. Here are 7 reasons why you should serve:
1. Everyone rises when you enter or leave the courtroom. You are the fact finder and arguably have the most important job in that room.
2. You’ll experience our judicial system first-hand and it is the best system there is.
3. You are escorted by a bailiff every place you go. People will look at you and wonder why you are so official and important that you and your group have a police escort. The bailiff will stop traffic for you as you cross the street, be sure you arrive at your lunch destination safely, and make sure you all stay together.
4. Once you are impaneled, you get paid $30 a day. You get an additional $7 credit towards lunch every day. And, you get a discount on parking at the 1401 Congress lot ($6 all day) and they will let you in, even if there is a sign that says garage full, if you show them your juror badge. I never had trouble finding parking there.
“You earn $37 dollars a day to serve? That’s laughable. I make much more than that.” I understand. But what if that amount represented a rise in income for everyone who served? Is that jury of your peers? We need a cross section of society to represent a jury of our peers. For some, this is more money than they make in a year. For others, they make more than that every second that they are at work. Jury of your peers means no one is exempt who can fulfill the oath.
5. You get to meet fellow jurors who you might never meet otherwise, and they all have interesting stories to share about their profession, kids, and lives.
6. Is it inconvenient? Yes. But would you rather have 12 jurors decide the cases for our society who will not listen to the evidence, be impartial and unbiased, and follow the law as given in the charge? Is it more convenient to live among those who can freely commit murders, child molestation, assault, theft, etc? Is it better that 12 people serve who won’t be impartial and fair to resolve your personal disputes, whether criminal, civil, or family?
7. If you don’t serve, and all of us who are able adopt that view, who will serve if it is YOUR matter? Would you want someone who is sane, rational, open to listening to the evidence, and will make a reasoned and unbiased decision based on the evidence and the law as given in the charge? Or do you want 12 unsound mind, irrational, insane jurors who will ignore the evidence and the charge and just do whatever? Because that is who will be left if we don’t all step up.
“Well, I don’t have any legal matters and don’t plan on having any. Of course you think this. You’re a lawyer.” Do you think anyone wakes up and decides they want to be a victim of a crime or malpractice today, or become the victim of an employer or business partner who won’t keep their word in a contract? Do you think anyone wakes up thinking they want to hurt someone, provide a workplace environment that hurts someone, or commit malpractice at their job today? Most of the people involved in litigation are not there intentionally or willingly. Our judicial system is there for all of us in case we need a resolution process. It doesn’t work without impartial, unbiased jurors of all walks of life to serve faithfully to the oath they take.
Please show up and serve as a juror if you are called. Our judicial system doesn’t work unless we all do our part.
Or not. It really is up to you. Here is the latest from former Harris County Republican Party Chairman Jared Woodfill:
One Day Left to Stop Mayor Parker’s Sexual Predator Protection Act!
We have one more day to stop an egregious assault on the rights of women and children to be safe when they use the restroom. Additionally, businesses will face horrific fines and frivolous lawsuits, resulting in fewer jobs and economic hardship for Houstonians if Mayor Parker’s ‘Sexual Predator Protection Act’ is not put to a referendum. Will you stand with us? “Evil triumphs when good men do nothing.”
This is the last day to show that there is still courage in the hearts of Houstonians, and that here in Houston, citizens still know the difference between right and wrong.
HOW CAN YOU HELP? SIMPLE! GO TO ONE OF THE FOLLOWING LOCATIONS AND VOLUNTEER TO VALIDATE PETITIONS. IT IS EASY: YOU WILL BE GIVEN TRAINING AND SHOWN WHAT TO DO.
1. Second Baptist Church, Woodway Campus – contact Lee Maxcy at 713-465-3408
2. Grace Community Church, Clear Lake (4 PM – 9 PM) – contact Trebor Gordon at 713-213-2215
3. Woodfill Law Firm (evening hours) – contact Jared Woodfill at 713-751-3080
4. Houston’s First Baptist Church (2 pm – 4 pm) contact Steven Murray at 713-681-8000
5. Champion Forest Baptist Church (9 am – 6 pm) contact Joey Mouton at 281-440-3800
6. Norman Adams Insurance – contact Darlene Mitchell at 713.869.8346
Thank you,
Jared Woodfill
Hey, I get it, you are afraid of “offending” someone because this ordinance was sold to you as an “equal rights” ordinance. But in reality, it is not and it is, as the title of this post says, and “UnEqual rights” ordinance.
Why? Because it allows deranged people to assault your children. And no, I’m not talking about that sliver of the population that is confused about their sexuality and are willing to undergo surgery to “correct” themselves. I’m talking about deranged people who will take advantage of Houston Mayor Annise Parker’s desires and will traumatize your children.
Look, this should be really easy. If you have plumbing that looks like X, you should go to this restroom. If you have plumbing that looks like Y, you go to that restroom. Simple. It shouldn’t matter if you think your plumbing should be something that it isn’t.
But the “progressives” say that the rights of people who THINK their plumbing should be different should outweigh the rights of little children who have no idea what we are talking about. I admit to being biased – as a father of females and a grandfather of a female, I think that it is my DUTY to protect them from things that they are far too young to understand. And to protect them from the predators that will take advantage of Houston’s new law.
My objection to this ordinance has nothing to do with people that are gender confused. It has everything to do with protecting children from predators. You can (and have) called me every name in the book but I do not care. It is not right to pass a law that protects predators.
If you believe the same thing, sign the petition. It looks like they might make it but it would be nice to have a large comfort zone.
And again, I ask, where is the current chair of the Harris County Republican Party on this issue? Paul, if you are listening, leadership is more than organization. You have been quoted as saying that the ordinance needs to be repealed but you have done nothing, as far as I can tell, to help in that effort. Is your reluctance to weigh in on the issue due in part to your benefactors? Is it a political calculation? If so, I have to tell you that some things are more important than political calculations. Is a lack of leadership on community issues going to be the hallmark of your administration? What is going on?
Former Harris County Republican Party Chair Jared Woodfill has been working hard to overturn the Houston UNequalRights ordinance. From the InBox:
No Signature Left Behind!
This is final weekend to collect signatures in churches and events throughout the City of Houston to repeal Mayor Parker’s Sexual Predator Protection Act! Some have asked about the deadline for the referendum petition drive that would repeal Mayor Parker’s “Sexual Predator Protection Act”- an ordinance that has already encouraged men to enter women’s restrooms in Houston. The official deadline for submitting referendum petitions to the City of Houston is Thursday, July 3. We are verifying the signatures prior to submitting petitions to the city; therefore, we would like to have all petitions returned to a drop off location or returned through mail byTuesday, July 1. For information regarding the petition or the drop-off location near you, please go towww.nounequalrights.com.
I want to encourage you to work with your churches to have qualified voters with petitions set up tables at each main entrance of your church.
We need every signature we can get! Also, if you or anyone you know (you DO NOT have to live within Houston city limits to verify!) are interested in helping verify, please contact me at 713.751.3080 and we can direct you to a location where verification is occurring.
Attached is an audio file from a radio spot regarding Mayor Parker’s Sexual Predator Protection Act. The ad talks about only one of the growing list of incidents from Houston where men have been entering women’s restrooms!
In these last few days, we are attempting to collect an additional 15,000 signatures. This will give us the buffer we need, knowing that Mayor Parker will work to invalidate as many signatures as possible. Also, we want send a strong message to the Mayor and her liberal allies on the Houston City Council: Houstonians will not tolerate you violating our women and children and threatening our freedom!
The eyes of the nation are upon Houston. The country is watching to see if the Lesbian, Gay, Bisexual, Transgender (“LGBT”) movement chalks up another victory in its effort to promote their social agenda. Let’s take a stand and defeat the LGBT agenda Mayor Parker is trying force on the City of Houston!
Thank you for the strong stance you are taking. Let’s leave no signature behind and push forward to victory on July 3rd and then in November!
Will you help? Remember, you must be a City of Houston resident and a registered voter to sign the petition. A lot of groups have worked hard to allow citizens to vote on this ludicrous ordinance on the November ballot. Don’t rely upon “others” to defeat this ordinance – YOU need to help. Do you have the courage necessary to stand up to the bullies that want to expose your children to perverts? If not you, who? Remember, you are not alone – Woodfill and a host of others are standing with you. Don’t be afraid to fight this abomination.
After twelve years at the helm of the Harris County Department of Education, Superintendent Dr. John Sawyer is retiring. At last week’s meeting of the HCDE Board, the Trustees voted 5-2 to accept his resignation in return for a buyout of $198,000, plus accrued personal leave, sick days and vacation days valued at $84,341.40. Here is the agreement:
The two votes against the buyout agreement were cast by Trustees Marvin Morris and Kay Smith. After the meeting, I asked them why they voted against the agreement and both said that they thought the buyout amount was too high.
Dr. Sawyer has been Superintendent of the HCDE since 2002 and has been at the forefront of expanding the department, including obtaining grants from both the state and federal government for programs such as Head Start, teacher education, and adult education. His relationship with the board soured after his ill advised expenditures on lobbyists in 2013 and also for his role in the failed Early to Rise initiative.
Obviously, as a small government conservative, expansion of any government body is anathema but in this specific case, the “expansion” has actually saved money for other government entities. We can argue about the net effect, but I think that the department is well run, fiscally responsible, and the board is one of the few examples left of how Democrats and Republicans can work together in pursuit of good governance.
As for the size of the buyout, I understand Trustees Morris and Smith’s complaint but in context, given his twelve years of service, his contract that runs through 2017, and his yearly compensation of $246,784.92, I do not think that the amount is exorbitant.
The Board appointed Assistant Superintendent Celes Harris as Acting Superintendent as they start their search for a replacement. You can read the press release from the HCDE Board by clicking here.
A couple of other notes from the meeting. The Board approved an amended contract for lobbying with The Schlueter Group (more information here). Supposedly, the amended contract is for several thousand dollars less per month, from $12,250 down to $10,000. I have tried unsuccessfully to obtain a copy of the amended contract and if I am able to, I will update this post. The vote on the amended contract was 5-2, with Trustees Morris and Smith voting against it. They both told me that while it is a good thing to spend less, the contract should have been cancelled and no money spent on lobbyists. I fully agree with them. As I have said repeatedly, the mission of the HCDE is education and any money given to lobbyists is money taken away from that mission.
Both candidates on the November ballot for the At-Large Position 7 seat on the board, Melissa Noriega (D) and Don Sumners (R), were in attendance. Mr. Sumners addressed the board about the budget, saying that he had attended the morning budget workshop and was mostly satisfied with the answers that he received. He noted that with the increase in property tax appraisals, the board would need to lower the tax rate in the future. He asked the board to table the vote on the budget until he received a few more answers about the budget. Trustee Kay Smith made a motion to table the vote, Trustee Howard Jefferson seconded it, and the motion was approved, with Trustee Erica Lee Carter voting no.
The next board meeting is set for July 15th. If you have never attended one of the HCDE board meetings, you should make it a point to attend. They really do work together to achieve common goals instead of tearing each other down on a partisan basis. I’m a bit concerned that the November election will change that dynamic.
Join us for our weekly meeting
Tuesday, June 24, 2014
This week our special guest speaker is
Judge Robert Eckels President, Texas Central Railway
Please join the Greater Houston Pachyderm Club in welcoming this week’s special guest speaker, our former Harris County Judge, Robert Eckels! Judge Eckels will be sharing with us his work on the privately-funded Texas high-speed rail project.
Robert’s long and distinguished career in the public sector gives him a keen sense of what it takes to make large infrastructure projects a reality. As Texas Central Railway’s President, Robert is doing what he does best – engaging and bringing together potential investors and project partners, managing key relationships with community and elected officials and TCR’s current partners, and keeping the public and critical stakeholders informed of the project’s progress. Robert’s widely acclaimed leadership acumen and his determination to succeed, especially in efforts offering a significant positive impact to the state of Texas, have placed TCR squarely on the path to success.
After serving six terms in the Texas legislature, Robert served as County Judge for Harris County, Texas from 1995 until 2007 when he joined the international law firm of Fulbright & Jaworski, LLP as a Partner focused on Transportation and Infrastructure, Public Finance, Public Private Partnerships (US P3), Homeland Security and Disaster Law, Government Relations and Public Law. Robert has operated his own independent legal practice and is today a Member of the Texas based law firm, Gray Reed & McCraw, P.C.
Join us Tuesday at Tony’s to hear this great speaker!
The GHPC meets at 11:30am each Tuesday at
Tony’s Restaurant
3755 Richmond Ave.
@ Timmons in Greenway Plaza
$25 / 3-course Luncheon / Complimentary Valet
This will be an excellent opportunity for you to learn about the proposed PRIVATELY funded high speed train between Houston and Dallas. I’m certain that there will be a question/answer period, so if you have questions, you should bring them.
