governor greg abbott - big jolly times...baker botts, llp associate attorney 2012-2013 houston, tx...

GOVERNOR GREG ABBOTT

STATE APPOINTMENT DISCLOSURE FORM

• [Note: This form should be completed and signed by the appointee no later than the 14th day after the date the public official is appointed or-confirmed by the Senate, if nominated during a legislative session.]

The Public Information Act allows employees, public officials and former employees and officials to elect whether to keep certain information about them confidential. Unless you choose to keep it confidential, the following information about you may be subject to public release if requested under the Texas Public Information Act. Therefore, please indicate whether you wish to allow public release of the following information.

Public Access?

No [ / Yes.{

No[~ Yes [ ]

Home Address

Home Telephone Number

Social Security Number No ~ )76 []

No[~ Yes [ ] Information that reveals whether you have family members

Please return SIGNED form to: Governor's Appointments Office P.O. Box 12428 Austin, Texas 78711 Fax: (512) 475-2576 Email: [email protected]

(Date)

POST OFFICE Box 12428 A tiSTI~, TEXAS 78711512-463-2000 {VOICE) DIAL 7-1-1 FOR RELA y SERVlCES

GOVERNOR GREG ABBOTT OFFICE OF THE GOVERNOR F112c121v120 APPOINTMENT APPLICATION JUN 23

2011

hAPPointrr,L!>nt,e

1. Personal Information 2. Photo ra g' ...

Full legal Name Jennifer Vosko Caughey

Preferred Name Jenn

Spouse's Name

Physical Home Address

City, State Zip

Mailing Address same

City, State Zip

County Harris r.P.lh 11::u

Work Telephone 713-221-2303

I Secondarv E-Mail Address (if applicable)

Home Teleohone

State Senator Joan Huffman State Representative Sarah Davis

3. State Board(s), Commission(s), or Task Force{s) of Interest to You: The list of all entities to which the Governor makes appointments may be found at: http://www. gov. texas. gov/appointments/positions

(1) First Court of Appeals; Fourteenth Court of Appeals

(2) Civil District Court (Harris County)

4 E . I f mp ovment n ormataon Employer Employer's Address Smyser, Kaplan & Veselka, LLP 700 Louisanna St., Ste. 2300

Houston, TX 77002

Revised 02/1 S IC:\Uscrs\jcaughey.SKV\Dcsktop\FINAL 6.22 AP.docx

Present Job Title Of Counsel Profession Attorney

Present Job Description I am a commercial litigator who represents defendants and plaintiffs in complex trial and appellate matters in state and federal courts. My practice focuses on business litigation and includes cases invo lving breach of contract, negligence, fraud, professional liability, administrative law, tortious interference, insurance, health care, and securities.

I Name Jennifer Caughey

5 Ed . f IT uca1on rammg

Type of School Name and Location of School Year Degree and Graduated Field of Study

High School Kinkaid School 2000

Undergraduate Princeton University 2004 AB (Woodrow Wilson C-- L-,.,1 nf'n .. 1.1;,. A ff'-:-- \

Graduate Harvard Law School 2007 JD

Other

6 E . t H" t mp oymen 1s ory Employer Position Dates Location

Smyser, Kaplan & Veselka, LLP Of Counsel 2014-present Houston, TX Baker Botts, LLP Associate Attorney 2012-2013 Houston, TX Gibson, Dunn & Crutcher, LLP Associate Attorney 2009-2011 Washington, DC Chambers of Hon. Timothy Tymkovich Law Clerk 2008-2009 Denver, CO

7. References Name Employer City Telephone Relationship

Hon. Timothy Tymkovich U.S. Court of Appeals Denver 303-335-3300 Employer Lee Kaplan Smyser Kaplan Houston 713-221-2303 Employer Macey Reasoner Stokes Baker Botts Houston 713-229-1369 Employer Cristina Rodriguez Hogan Lovells Houston 713-632-1425 Employer Prof. David Wilkins Harvard Law School Boston 617-496-6232 Professor

8. Professional Memberships {including any state bar memberships) Organization Title/Position Current/Former

Federalist Society Current Member; Executive Board at HLS Current Houston Bar Association, Appellate Section Outreach Committee Member Current Republican National Lawyers Association Member Current Republican Party Member; aoolied to be a Precinct Chair Current Maverick PAC Member Past Greater Houston Pachydenn Member Current

9 V I t . o un eer P rt" · f a 1c1pa 10n Organization Title/Position Current/Former

St. Francis Episcopal Day School Parent Volunteer Current West U Methodist School Parent Volunteer Current Pro Bono assistance to my son's teacher Fonner

Revised 02/15 2C:\Users\jcaughcy.SKV\Dcsktop\FINAL 6.22 AP.docx

Offered legal services to conservative organizations Current

10 MTta 5 . 11 ry ervace Are you or have you ever been a member of the Armed Forces of the United States: I !Yes IXINo

Branch Dates of Service Type of Discharge


11. Social Media Information

Do you use, or have you ever used, any of the following? If "yes," provide additional information.

Facebook [8] Yes D No Username Jennifer Yosko Caughey

Twitter D Yes [8J No Handle @

lnstagram [8J Yes D No Username jennifer.caughey

Linkedln t8l Yes D No Profile Jennifer Caughey

Google+ [8J Yes D No Username Jennifer Caughey

. ipouse 12 5 n orma ,on I I f s ec1on 0 ,Pl :>1ca 'hi 5 f N t A r bl e c::;:,..,,.., ,.,.,.,., ~m .... lnucr .Job TitlP./Poi:;itinn

Does your spouse conduct any business with nr beforA tt,e If ves. olease list aaencies: Texas Legislature or any other state entity? Yes No

-

13. Miscellaneous Information Note: "Material interest" is defined as (a) serving on the governing board of directors or (b) a ten (10) percent or greater ownership. This does not apply to any mutual funds in which you do not exercise authorit in investment decisions.

Are you, your spouse, or any company in which you have a material interest currently delinquent in any local, state or federal taxes? If yes, give details.

Have you ever defaulted on a personal, business or student loan? If yes, give details. Type of Loan Date Details

Have you, your spouse, or any company in which you have a material interest or of which you have been an officer or principal been involved in any bankruptcy proceeding? If yes,

ive details includin dates. Revised OVIS JC:\Users\jcaughcy.SKV\Dcsktop\FINAL 6.22 AP.docx

I LJ Yes 161 No

I I I Yes [8] No

Yes No

Do you currently serve, or have you ever served, on any local, state or federal government LJ Yes ~ No board, commission or committee or in anv elected or acoointed office?

Entity Position Dates Compensated Reimbursed (Y/N) (Y/N)

J Name Jennifer Caughey

13. Miscellaneous Information (Continued)

Are ouse related to a local state or federal ublic official? Name of Official and Title

Yes Relationshis:,

No

Do you or your spouse have any material interest in, or are either of you employed by, any LJ Yes ~ No company that does business with or receives funds from the State of Texas? If yes, give full name and details:

Name of Companv Details

Are you or your spouse an officer, director, employee or paid Self consultant of a trade association? D Yes [8J No

If yes, please list association and position: Spouse

Have you or your spouse ever been registered as a lobbyist or received compensation to LJ Yes ~ No represent someone before a local state. or federal aovernment? Self or Entity Represented Entity Lobbied Dates Spouse

No

Revised 02/1 S 4C:\Users\jcaughey.SKV\Dcsktop\F!NAL 6.22 AP.docx

In the last five years, have you, or any company in which you have a material interest, been licensed by a Texas state aoency? If yes, qive details.

Aaencv Type of License License# Texas Bar Law 24080826



To the best of your knowledge, has any federal, state or local law enforcement or regulatory agency (on behalf of itself or any other person or entity) filed or investigated any grievance or complaint against you, your spouse, or an entity in which you have a material interest? If yes, qive details and disposition (investiqated, dismissed, reprimanded)

Agency Date Details and Disposition

To the best of your knowledge, have you, your spouse, or any company in which you have a material interest been investigated, reprimanded, fined or suspended from doing business with any state or federal agency? If yes, give details and disposition (investigated, reprimanded, fined, suspended


Have you ever been convicted in a criminal proceeding (excluding traffic violations), placed on probation, required to perform community service, or had a criminal proceeding disposed of by pre-trial diversion, deferred prosecution, deferred adjudication, or some similar proceeding?

If yes, list the charge, the date of the offense, the city and/or county and state in which it allegedly occurred, and the disposition thereof.

Revised 02/1 S SC:\Users\jcaughey.SK V\Desktop\FlNAL 6.22 AP.docx

123 Yes O No

Expiration NIA

Yes O No [81 Not Applicable

LJ Yes 161 No

LJYes ~ No

LJ Yes ~ No

14. Certification

Full Legal Name Jennifer Yosko Caughey .

Date of Birth Driver License or DPS ID#

Are you a U.S. Citizen? ~ Yes LJ No I Place of Birth London, England

Date of naturalization (if not a citizen upon birth) I I

Ethnicity: (optional; check all that apply) l)sl White LJ African American

D Hispanic D Asian American D Native American D Other

Notes: • Appointment to a Board or Commission may require the annual filing of

a Personal Financial Statement {PFS) Form with the Texas Ethics Commission.

• A resume must be attached in order for this application to be considered complete.

• Judicial candidates must also complete a Judicial Questionnaire.

• Any Information provided on the application or attached may be subject to the Texas Public Information Act. This means that an individual requesting copies of the information in your file may be provided access to that information.

CERTIFICATION OF APPLICANT

I hereby certify that the foregoing and any attached statements are true, accurate and complete. I agree that any misstatement, misrepresentation, or omission of a fact may result in my disqualification for appointment. I assign and hereby give the Office of the Governor full authority to conduct background investigations pertinent to this application. I specifically authorize the Texas Department of Public Safety to conduct a background investigation and to disclose the results of that investigation to the Governor or his authorized representative.

Submit to:

Appointments Staff Office of the Governor PO Box 12428 Austin, Texas 78711

Revised 02/15

(512) 463-1828 (512) 475-2576 fax www.gov.texas.gov

7~ AppttcanfsSignature

06/21/2017

Date

6C:\Users\jcaughcy.SKV\Dcsktop\FINAL 6.22 AP.docx

Ms. Sheri Brummett

7604 Fireoak Drive

Austin, Texas 787S.9

512-970-8809

The Office of the Honorable Greg Abbott

Governor of the State of Texas

State Capitol Building

Austin, Texas 78701

Dear Governor Abbott:

RECEIVED

JUL 25 20'1

QQG/CCOM

With great pleasure, I recommend Mrs. Jennifer Caughey of Houston, Texas for consideration

for appointment to the First Court of Appeals. Mrs. Caughey's highest academic credentials and

distinguished legal career, including a federal clerkship to the Honorable Timothy Tymkovich of the

Tenth Circuit, make her an outstanding candidate for appointment to the distinguished court. As a

friend of Jennifer I can personally speak to her character and integrity and tell you why

she would make an excellent, conservative judicial candidate_in the primary and general elections.

Jennifer was Phi Beta Kappa at Princeton University and has had an accomplished legal career

since graduating from Harvard School of Law. She is also an incredibly passionate individual and

dedicated, genPrn11c friPnrl IPnnifer is a native Houstonian and is involved in her local community and

the school of 5he is active in the local bar and alumni associations. Her gregarious

and outgoing nature, her broad network, as well as her incredible drive, would make her an extremely

competitive candidate in a primary and general election.

While at Harvard, Jennifer was an Executive Editor for the Harvard Journal of Law & Public Policy

and a served on the Executive Board of the Federalist Society. She has clerked for two conservative

justices and interned for the White House during the tenure of President George W. Bush and for the

Office of Former President George H.W. Bush in Houston. As a member of Austin Republican Women

for 30 years, I could not be more excited about a conservative female candidate as accomplished and

sincere as Jennifer. The future of our great party is in the hands of our capable young leaders like

Jennifer.

I am honored to recommend a brilliant, capable, young lawyer, Jennifer Caughey to the next

open seat on the honorable First Court of Appeals. Jennifer's appointment to this distinguished court

would be an asset to the State of Texas.

Sincerely,

Sheri Brummett

lA ~· 1-?J· I l GOVERNOR GREG ABBOTT OFFICE OF THE GOVERNOR APPOINTMENT APPLICATION

1. Personal Information

Full Legal Name Samuel Grant Dorfman

Preferred Name Grant

Spouse's Name


City, State Zip

Mailing Address

City, State Zip

County Harris Count

Work Tele hone

HnmP TPIPnhnnP

r.i:>lh 11::ir Preferred E-mail Address

l SP.r.nnrl:::irv F-M::iil ArlrlrP~"- fif ::inolicable)

2. Photograph

State Senator Sen. J n State Representative Re . Sarah Davis

3. State Board(s), Commission(s), or Task Force(s) of Interest to You: The list of all entities to which the Governor makes appointments may be found at: http:!! www. gov. tex as. gov/appointments/positions

First Court of Appeals, Houston, TX

4. Employment Information -----.------------.-----------

Sheehy, Ware & Pappas, P.C.

Revised 02/15

Employer's Address 909 Fannin Street Suite 2500 Houston, TX 7701 O

Present Job Title Of Coun~~1 Profession I

!

Present Job Description

Of Counsel attorney at a litigation specialty law firm, focusing on civil and appellate litigation. '

( Name Samuel Grant Dorfman

5. Education/Training - -Type of Name and Location of School Year Degree and

Graduate School ,f Field of Study

High School St. Mark's School of Texas, Dallas, TX 1983 H.S. Diploma

Undergraduate Brown University, Providence, RI 1987 A.B., Honors History

Graduate Yale Law School, New Haven, CT 1992 J.D., Law

Other Oxford University, Oxford, England, UK 1989 M.St., Pol ' I Philos'y

6. Employment History

Position

7. References

8. Professional Memberships (including any state bar memberships)

9. Volunteer Participation

Revised 02/15 2

10. Military Service

I Name Samuel Grant Dorfman



Faceboo Yes Grant Dorfman k

Twitter Yes @gdorfman64 lnstagra

No m

Linkedln Yes Grant Dorfman

Google+ No

12. Spouse Information r Cn,u •~o•~ C'P¥1nl"""'°'

I Does your spouse conduct any business with or I before the Texas Le islature or an other state

13. Miscellaneous Information

Job ntle/Position

If ves. olease list aaencies:

Note: "Material interest" is defined as (a) serving on the governing board of directors or (b) a ten (1 OJ percent or greater ownership. This does not apply to any mutual funds in which you do not exercise authority in investment decisions.

Have you filed federal income tax returns for the past five (5) years? If no, Yes give details.

Are you, your spouse, or any company in which you have a material interest No currently delinquent in any local, state or federal taxes? If yes, give details.

Have you ever defaulted on a personal, business or student loan? If yes, No give details.

Type of Loan Date Details ·-

Revised 02/15 3

~

Have you, your spouse, or any company in which you have a material No interest or of which you have been an officer or principal been involved in any bankruptcy proceeding? If yes, give details including dates.

-

Do you currently serve, or have you ever served, on any local, state or Yes federal government board, commission or committee or in any elected or appointed office?

Compensated Reimburse Entity Position Dates d . (Y/N) (YIN)

129th Judicial District

I Judge 5/2002- y N

Court 12/2008

334th Judicial District Judge 10/201 3- y N Court 12/2016

State Bar Pattern Jury Appointee N y Charge Committee 2008-2010

Supreme Court Code of Appointee 2004 N y Conduct Committee

~ ame Samuel Grant Dorfman


I Ace vo11 oc vom soo11se related to a local state or federal 011blic ficial? I tJ,:,mo nf nffiri,:,I ,:,nrl Titlo 0 .. 1 .. +inne>hl. ..

Do you or your spouse have any material interest in, or are either of you No employed by, any company that does business with or receives funds from the State of Texas? If yes, give full name and details:

Name of Company Details

Are you or your spouse an officer, director, employee Self or paid consultant of a trade association?

No

If yes, please list association and position:

Revised 02/1 S 4

I Spouse

-Have you or your spouse ever been registered as a lobbyist or received No compensation to represent someone before a local, state, or federal government?

Self or Entity Represented Entity Lobbied Dates Spous e

-Have you, your spouse, or any company in which you or your spouse have Yes a material interest been party to litigation? If yes, give details.

Revised 02/15 5

I was counsel of record and a plaintiff (with several neighbors) in a civil deed restriction enforcement lawsuit: Higgins, et al v. Duke, C.A. No. 1999-36445; In the 334th Judicial District Court, Harris County, Texas. The case was tried to a jury before thenJudge Dale Wainwright, which found in favor of the defendants.

I was sued (although not identified by name as a defendant) by a pro se plaintiff against whom I granted summary judgment on his wrongful termination claim against the University of HoustonDowntown, while serving as Judge of the 129th District Court. The case was filed in federal district court and was dismissed by Judge Lynn Hughes at a preliminary stage. The Fifth Circuit affirmed the dismissal in Wolfgang Hirczy, Ph.D. v. Dona Hamilton; Cause No. 05-20348; In the United States Court of Appeals for the Fifth Circuit (decided June 29, 2006), 190 Fed. Appx. 357 (5th Cir. 2006), cert. denied, 549 U.S. 1167 (2007).

were recently sued b) in Dallas probate

I court, primarily in connection with the conduct of a business in which inherited shares upon our I

in Sept. 2014: In re Estate oJ Jr.; Cause No. PR-17-00326-1; In the Probate Court No. 1 of Dallas County, Texas. I caused to be filed a related civil court lawsuit at!ainst derivativelv on behalf of the company, styled _ Cause No. DC-17-02541; In the 14th Judicial District Court of Dallas County, Texas. Both cases remain pending and discovery has just begun.

I am also a defendant in a defamation law"uit. in rnv eanadty as Executor of my estate, styled et al v. The Estate, et al; Cause No. DC-16-5821; In the 134th District Court, Dallas County, Texas. The court dismissed the case against a hearing remains pending to determine attorney's fees and sanctions. The trial court denied my motion to dismiss pursuant to Chapter 27 (the anti-SLAPP statute), and I have appealed that ruling to the Dallas Court of Appeals. It is undisputed in that case - and constitutes the factual basis for the appeal - that I did not make any defamatory statements or other communications.

Revised 02/15 6

In the last five years, have you, or any company in which you have a No material interest, been licensed by a Texas state agency? If yes, give details.

-

Agency Type of License License# Expiration

Have you ever been delinquent in child support payments? If yes, give No details.

I Name Samuel Grant Dorfman


To the best of your knowledge, has any federal , state or local law No enforcement or regulatory agency (on behalf of itself or any other person or entity) filed or investigated any grievance or complaint against you, your spouse, or an entity in which you have a material interest? If yes, give details and disposition (investigated, dismissed, reprimanded)


Have you ever been convicted in a criminal proceeding (excluding traffic No violations), placed on probation, required to perform community service, or had a criminal proceeding disposed of by pre-trial diversion, deferred prosecution, deferred adjudication, or some similar proceeding?


Revised 02/15 7

14. Certification

Full Legal Name Samuel Grant Dorfman

-Date of Birth Driver License or DPS ID#

Are you a U.S. Citizen? Yes I Place of Birth Dallas, Texas


Ethnicity: (optional; check all that apply) White African American

Hispanic Asian American Native American Other


a Personal Financial Statement (PFS) Form with the Texas Ethics Commission.



• Any information provided on the application or attached may be subject to the Texas Public Information Act. This means that an individual requesting copies of the Information in your file may be provided access to that information.


hereby certify that the foregoing and any attached statements are true, accurate and complete. I agree that any misstatement, misrepresentation, or omission of a fact may result In my disqualification for appointment. I assign and hereby give the Office of the Governor full authority to conduct background investigations pertinent to this application. I specifically authorize the Texas Department of Public Safety to conduct a background investigation and to disclose the results of that Investigation to the Governor or his authorized representative.

Submit to:

Appointments Staff Office of the Governor

Revised 02/ I 5

(512) 463-1828 (512) 475-2576 fax

Date

8

JOHNSON DELUCAKURISKY & GOULD

MILLARD A. JOHNSON

[email protected]

Ms. Gaby Fuentes

A PROFESSIONAL CORPORATION

4 HOUSTON CENTER SUITE 1000

1221 LAMAR STREET HOUSTON, TEXAS 77010

(713) 652-2525 -Telephone (713) 652-5130 - Telecopier

August 14, 2017

Appointments Director Governor' s Appointments Office P.O. Box 12428 Austin, Texas 78711-2428

Re: Judge Grant Dorfman for the First Court of Appeals

Dear Ms. Fuentes:

I understand that your office is considering Judge Grant Dorfman for an appointment to the Houston First Court of Appeals. I am an attorney and one of the founding Shareholders in the Houston law firm of Johnson DeLuca Kurisky & Gould, P.C. In that capacity, I would like to bring to your attention a case with which I was involved, and over which Judge Dorfman presided during his tenure on the 334th District Court.

The Court of Appeals decision in that case (Sandt vs. Energy Maintenance Services) was recently released on July 27, 2017. It is attached for your review and consideration. This case is one of the more complex commercial cases and appeals in which I have participated. The three judge panel (Justice Jane Bland writing for the Court, with Chief Justice Radack and Justice Jennings) affirmed Judge Dorfman in every respect. The opinion took up several rulings that Judge Dorfman made and affirmed each one. These included: two pretrial summary judgment rulings, a separate jury trial and a bench trial, and a final declaratory judgment decision intended to resolve the commercial uncertainty that remained between two of the three parties after the separate trials had concluded.

Ms. Gaby Fuentes Appointments Director Page2

To summarize it as briefly as possible, the case arose from the decision of the company, EMS, to indemnify its chief executive officer (my client, Timothy Nesler) against a lawsuit brought in Fort Bend County, in which the jury ultimately returned a substantial judgment, including punitive damages, against both Mr. Nesler and the company. Years later, the company reneged on its indemnity undertaking to Mr. Nesler and sued him in Judge Dorfman's Court, seeking a declaration that it was not obligated to indemnify him. Mr. Nesler counter-sued the company for payment of his attorney' s fees and for his indemnification against the judgment in the Fort Bend lawsuit. EMS also sued Mr. Sandt, the Fort Bend plaintiff, seeking enforcement of its settlement agreement with him. In short: this was a complex case with many moving parts, and involved thorny, complex issues of contractual interpretation and the application of Delaware law concerning corporate officer indemnification.

It is easy to say that the First Court of Appeals' decision confirms that Judge Dorfman got the law right in our case. However, it cannot convey the brilliance of his management of this difficult and highly complex case. It was Judge Dorman's idea to suggest the separate trials. This saved time and expense for the parties. It spared a jury the added service time and confusion that a combined trial would have presented. Further, it demonstrated his command of the issues. Faced with two trials, many judges would have taken the path of least resistance and declined to grant summary judgment on the company' s fraud and breach of fiduciary duty claims. But Judge Dorfman was not afraid to make the tough calls.

More important, perhaps, were the personal qualities that Judge Dorfman displayed over the long course of our case: endless patience with the attorneys (particularly the undersigned) - who necessarily took up considerable court time, given the case's many complex issues and extensive discovery. He displayed unflappable good humor; but also firmness and consequences when a party's or attorney's conduct crossed the line. Judge Dorfman's warm and engaging personality, strong legal ability, keen intellect and common sense are, in my experience, a rare and powerful combination.

My experience in Judge Dorfman's court was not an isolated instance. As the Houston Bar Association's Judicial Poll results show, Judge Dorfman was clearly among the most talented and respected judges in Harris County over his ten year tenure. And, that is really saying something, given the quality of the Houston trial bench - many of whose members have gone on to serve with distinction on the First and Fourteenth Courts of Appeals and the Texas Supreme Court.

In closing, I enthusiastically recommend Judge Dorfman for an appointment to the First Court of Appeals. As the above cannot fully capture my experience in Judge Dorfman's court, I would be happy to answer any questions you may have and I hope you

Ms. Gaby Fuentes Appointments Director Page3

will not hesitate to contact me if I may be of any further assistance to your office in this matter.

Fred S. Zeidman

August 7, 2017

The Honorable Greg Abbott Governor of Texas P.O. Box 12428 Austin, Texas 78711-2428

RECEIVED

AUG 1 u 2017 Appointments

(_ 25·lO·l7

Two Post Oak Central 1980 Post Oak Blvd. Suite 2020 Houston, TX 77056

713-622-7710 Phone 713-622-7850 Fax [email protected]

Re: Recommendation of Hon. Grant Dorfman for court of appeals appointment


I am pleased to enthusiastically recommend my longtime friend Grant Dorfman for appointment to the current vacancy on the First Court of Appeals in Houston. I've known Grant for almost 20 years and I can't imagine a better candidate for the state appellate bench than this fine conservative jurist.

Grant's intellectual bona fl.des speak for themselves - degrees from Brown and Oxford Universities and Yale Law School, a clerkship with Fifth Circuit Judge Jerry Smith, legal work for some of Texas' finest law firms, faculty positions at the National Judicial College and the University of Houston Law Center, election to the American Law Institute, and his membership in the Federalist Society that dates back to his law school days.

But Grant is much more than a smart lawyer. In his time on the trial bench here in Houston, he distinguished himself among his colleagues. And he lived up to the reputation built by his two predecessors on the 129th District Court - you and Judge Pat Mizell. All three of you were known for your youthful wisdom; cheerful demeanor; warm temperament; fair, firm, and decisive rulings; low reversal rates; and the effective and efficient administration of justice in your courtroom. You were also all known for your willingness to make tough calls in tough cases and to not be afraid to summarily dispose of cases that deserved such treatment. It is not surprising that all three of you enjoyed sky-high bar-poll ratings throughout your time on the trial court.

In addition to his reputation as an excellent jurist, Grant has also developed a faithful following among Republican activists and the conservative grassroots -which helps explain why, in five election cycles, he has never drawn a primary opponent. As you know, I've been involved in Republican politics and conservative causes both here in Houston and across the country for many years. And I can vouch for the fact that Grant is not a judge who is a Republican just for convenience sake; he is deeply devoted both to the GOP and the conservative movement. Grant volunteered in 2000, at his own expense, to join the Texas

Strike Force that I led to St. Louis, Missouri, to assist then-Governor George W. Bush's presidential campaign efforts in that battleground state, in the week before the election. And he has for many years been a member of the Republican Jewish Coalition, on whose National Board I sit and which my son, Jay, serves as its Houston Chapter President.

CTr~nt's v~lnp_c:: ~lso shim~ thron~h in the more private areas of his life. He is a devoted a faithful member of his synagogue, a youth

sports coach, and supporter ot ~couting. There's nothing about Grant Dorfman that would bring anything but further renown upon you, the State of Texas, and its fine judicial system.

I'll end with this. Grant is also an embodiment of the realization of the American Dream, Texas-style. In the early 20th century, his grandfather escaped the pogroms of Eastern Europe, where Jews were persecuted at a rate later exceeded only by the Nazis and Stalinists, and came to East Texas. There he built a scrap-metal business into an oil well-drilling success story. Like so many Americans and Texans, Grant knows the true value of freedom and unshackled opportunity, because American freedom and opportunity saved his family. And he knows that for such freedom and opportunity to continue to thrive requires a fair and efficient judiciary that upholds the rule of law. As I stated at the beginning of this letter, I am happy to recommend Judge Dorfman to you for appointment to the First Court of Appeals. And I do so wholeheartedly, enthusiastically, and without hesitation. Please let me know if I can answer any questions you have about Grant or if I can be of any other assistance to you or your administration.

Very truly yours,

cc: Ms. Gaby Fuentes Appointments Director Governor's Appointments Office P.O. Box 12428 Austin, Texas 78711-2428

- ·*·-

Honorable Greg W. Abbott, Esq. Office of Appointments PO Box 12428 Austin, Texas 78711 Attn: Gaby Fuentes

Dear Governor Abbott,

5 August 2017

Thank you for working to ensure that the state judiciary reflects the conservative values of the majority of Texans through your appointees. Texas Right to Life appreciates your commitment to consider only those nominees who hold a very narrow, textual, and constructionist interpretation of the Constitution.

Judge Grant Dorfman has long been a reliable friend to Texas Right to Life, embodying a judicial view that recognizes the right to Life for all Texans, including the born and unborn, the sick and disabled. For these reasons, we respectfully request careful consideration of his application to the appellate bench on the First Court of Appeals based in Houston. Appointed by Governor Rick Perry, Judge Dorfman served as Judge of the 334t1t District Court of Harris County in 2013 and was re-elected to that position in November of 2014. Judge Dorfman also served as Judge of the 129th District Court from 2002-2008.

In the past, Judge Dorfman was proudly endorsed by Texas Right to Life PAC, and we are confident that if appointed to an appellate bench, Judge Dorfman will be an asset to advancing the right to Life, and an appointment of which the Office of the Governor can be proud.

Thank you for your consideration and support of Judge Grant Dorfman.

Sincerely,

Elizabeth Graham Elizabeth Graham Director 713 299 4297 cell

State Headquarters 9800 Centre Parkway* Suite 200 * Houston, Texas 77036 * Tel: 713.782.LIFE * Fax: 713.952.2041 * TexasRightToLife.com e The Texas National Right to Life affiliate

Katelyn Deibert

From: Sent: To: Subject:

Brister, Scott Monday, July .:31, :.w1111:li AM ServingTexas Grant Dorfman

I am writing to enthusiastically recommend GRANT DORFMAN for the seat on the First Court of Appeals being vacated by Rebecca Huddle. As I am sure you know, he is a brilliant guy. But more importantly, he has an excellent judicial temperament -- affable, genial, firm but free from outbursts of anger. I cannot think of a better candidate.

Scott Brister Andrews Kurth Kenyon LLP (0) 512.320.9220 (C) 512.630.6346

Confidentiality Notice: The information contained in this email and any attachments to 1t may be legally privileged and include confidential information intended only for the rec1p1ent(s) 1dent1f1ed above If you are not one ! 1

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TELEPHONE: 713.658.2323 FACSIMILE:713.658.1921

DIRECT LINE:713.752.8608

FRANCIS L. HARMON

SHAREHOLDER

Governor Greg Abbott Office of the Governor P.O. Box 12428 Austin, TX 78711-2428

CRAIN CATCN -&-JAMES

A PROFESSIONAL CORPORATION

ATT O RNEYS AND COUNSELORS S NCE 9 12

June 30, 2017

FIVE HOUSTO N C ENTER 1401 MCK IN NEY STR EET

HOUSTON, TEXAS 77010-4 0 3 5

E MAIL: FHAR M O N @CRAI N C A TO N .COM

·D,Ao FU~C£1v1:ov~

/ UL O 6 2011 RECEIVED

PPointrnents JUL O 5 2q17

OOG/CCOM Re: Judge Grant Dorfman for Houston First Court of Appeals


I write to recommend the appointment of Judge GTant Dorfman to Houston's First Court of Appeals. Judge Dorfman studied at Oxford and is a graduate of Yale Law School.

Of particular significance, Judge Dorfman was a law clerk to Judge Jerry Smith of the United States Fifth Circuit Court of Appeals. Judge Smith, who was chairman of the Harris County Republican Party, is well known for his high standards in selecting conservative law clerks, standards met by Judge Dorfman, Senator Tom Cotton, Former Texas Solicitor General Jim Ho, Colorado Supreme Court Judge Allison Eid who has been nominated to take Justice Gorsuch's place on the U.S. 10th Circuit Court of Appeals, as well as many other conservative lawyers with positions in the Department of Justice and the White House Counsel's Office.

Judge Dorfman's impressive legal and conservative credentials are important now as he would be joining some particularly fine judges on Houston First Court including Judges Radack and Massengale in the appellate review of a large number of liberal judges who unfortunately have been elected here over the past several years.

In this regard, Judge Dorfman has a very high record of being affirmed by the appellate courts, a record unfortunately not shared by others who have applied for this position.

I realize that occasionally political considerations have entered into the appointment process of the lower trial courts, but Texas Republican Governors have an admirable record of picking the best and brightest to the Courts of Appeals, as with Justices Radack, Massengale, Busby, and Huddle. To maintain that high standard, there is simply no one whose record approaches that of Judge Dorfman.

000001/000 I 08 l 08 • 25 78583v l

Texans for Lawsuit Reform

June 26, 2017

Ms. Gaby Fuentes Interim Appointments Director Office of the Governor

Re: Recommendation of Grant Dorfman for appointment to Houston First Court of Appeals

Dear Ms. Fuentes:

919 Congress Avenue, Suite 455 • Austin, TX 78701 512 478 0200 • [fax] 512 478 0300

www.tortreform.com

We understand that Justice Rebeca Huddle will soon be retiring from the First Court of Appeals in Houston.

We urge the Governor to consider the appointment of former Judge Grant Dorfman to Justice Huddle's seat on the Court.

Judge Dorfman's appointment would be a strong addition to any appellate court. He is among the most highly qualified judicial candidates I have known in more than forty years of law practice.

On the score of judicial experience, Grant served two terms as a Harris County district judge, and received extremely favorable ratings on the bar polls. Like so many outstanding Republican judges, he had the misfortune to be swept out of office in Democratic sweeps in 2008 and 2016. His judicial experience has been balanced by a broad background in law practice, both as an in-house and law firm litigation attorney.

Grant's educational background includes degrees from Brown University, Oxford University in England, and Yale Law School, followed by a clerkship with Justice Jerry Smith on the Fifth Circuit. He is a constitutional law instructor for the National Judicial College, and is active in the Federalist Society.

Grant Dorfman is a solidly conservative, intellectually gifted and exceptionally experienced jurist who I believe is the best possible candidate for appointment to the First Court of Appeals.

~~f.t1 Senior General Council

The Honorable Greg Abbott Office of the Govemor Austin, Texas 78711-2428


RECEIVED

[ f;·/~·/7 JUN 14 2017

Appointments

Justice Jeff Brown Supreme Court of Texas

832-814-9873 [email protected] J effBrown.com

June 12, 2017

I hope d1is fmds you and Mrs. Abbott doing well. I'm writing to make two quick requests.

The first one concerns an upcoming vacancy on d1e First Courl of Appeals in Houston. You've likely been told d1atJustice Rebeca Huddle, a Perry appointee, has aru1ow1ced that she's stepping down later th.is week. I happen to know d1at my friend and yours, former Judge Granl Dorfman, is keenly interested in iliat spot. Governor, I don't need to tell you how important that bench is. And wid1 Grant, you have a rare opportunity to fill an important bench with someone who is frankly grossly overqualified for it. Grant has degrees from Brown University, Oxford University, and Yale Law School. And, lest you think such an education is just for leftists, you should know that Grant-a rock-solid conservative-went on to clerk for Judge Jerry Smith on the Fifth Circuit, was an active and longtime member of ilie R Club in Houston, and has long been active in the Federalist Society. He's also an alumnus, along with you and Pat Mizell, of the 129 ... District Court. Grant served there and later on d1e 334•• District Court following appointments by Governor Perry. During his time on both benches, his bar-poll numbers were consistendy very high. Unfortunately, and unluckily, he was voted off of both benches in big Democratic sweeps of Harris Cow1ly in 2008 and 2016. I urge you to put him back to work on behalf of the people of Texas as a justice on d1e First Court of Appeals.

The second request concerns Darla Sadler. This year she celebrates her 30"' anniversary as an executive assistant at the Supreme Court. At some point this summer or early this fall, d1e Court would like to commemorate iliat armiversary with a short cake-and-pw1ch party in our break room. Darla and everyone at d1e Court would be d1rilled to have you attend. If you are so inclined, we can work wid1 your schedule to find a convenient time. I would think it would require less ilia.n an hour of your time to come to the Court, make a brief appearance, and then be on your way.

Thanks very much, Governor, for your attention to these requests. Thanks also for your friendship and wise counsel over the past two decades, and for your devoted leadership of-and service to-our great state.

Sincerely,

LA l ·25·/7 GOVERNOR GREG ABB01f c~,,,,~ OFFICE OF THE GOVERNOR ~ i!J D

APPOINTMENT APP LI CATION ~/)/Jo,~1tn 20

11 el]ts


Full Legal Name oo

Preferred Name Kristin M. Guiney

Spouse's Name

Physical Home Address _______________ _____,

City, State Zip

Mailing Addres

City, State Zip Houston, Texas 77008

County Harris Cellular


I ~P.r.nnci~rv F-Mail Adciress (if applicable)

Home Telephone

State Senator Paul Bettencourt State Representative JimMu h

3. State Board(s), Commission(s), or Task Force(s) of Interest to You: The list of all entities to which the Governor makes appointments may be found at: http://www. gov. texas. gov/appointments/positions

1st Court of Appeals, Place 9

4 E . mp1ovmen t I J f n orma 10n Employer Employer's Address Present Job Title McClees & Guiney, PLLC 1545 Heights Blvd. Attorney

Suite 500 Profession Houston, TX 77008 Attorney

Present Job Description As of January 1, 2017, I went back into private practice providing representation for indigents clients accused of criminal acts.

Revised 02/15

I Name Kristin M. Guiney

5 Ed . . n/T .. ucat10 ramma


High School Clear Brook, Friendswood, Texas 1993 Diploma

Undergraduate Emory University, Atlanta, Georgia 1997 B.A. Political Science

Graduate University of Houston Law Center 2001 Juris Doctorate

Other Board Certified in Criminal Law 2010 TBLS

6 E . mp ovmen t H" t IS ory Employer Position Dates Location

Harris County District Attorney's Office Asst. District Attorney 11/01-5/10 Harris County

Law Office of Kristin M. Guiney, PLLC Attorney 6/10-12/12 Harris County

State of Texas Judge, 1791n District Court 1/13-12/16 Harris County

McClees & Guiney, PLLC Attorney 1/17-Present Harris County


Hon. Susan Brown Judge, 185th Dist. Court Houston 713-306-3576 Colleague

Traci Bennett Harris County Dist. Atty Houston 281-687-1459 Colleague

Dr. Matthew Russell St. Paul's UMC Houston 832-714-1170 Pastor

Lucienne "Luci" Davdison Self Houston 713-569-8061 Colleague

Jerome Godinich Self Houston 713-237-8388 Colleague

8. Professional Memberships (includina anv state bar memberships) Oraanization Title/Position Current/Former

Texas State Bar Member Current Houston Bar Association Member Current Texas Bar Colle~e Member Current Texas Association of Countv and District Attomevs Member Former Texas Criminal Defense Lawvers Association Member Former Harris County Criminal Lawvers Accociation Member Former

9. V olunteer Participation Oraanization Title/Position Current/Former

St. Paul's United Methodist Church Volunteer Current American Leadershio Forum-Gulf Coast Senior Fellow Current Prison Entreoreneurshio Proiuam Volunteer Current Girls Scouts Volunteer Current Americoros Foster oarent volunteer Former

10 MTta S . I I try erv1ce Are you or have you ever been a member of the Armed Forces of the United States: l !Yes 18]No

Branch Dates of Service Tvoe of Discharge

Revised 02/15 2




Facebook ~Yes D No Username https://www.facebook.com/kristin.guiney

Twitter ~Yes D No Handle @KristinMGuiney

lnstagram DYes ~ No Username

Linkedln ~Yes D No Profile Kristin Guiney

Google+ ~Yes D No Username

12 S . iDOUSe I f, n ormat1on Th" S f N A r bl IS ec1on ot ,DD 1ca e Soouse's Emolover Job Title/Position

Does your spouse conduct any business witti nr .,eforP. the If VP_~ nlP.~SP. list ~nP.nr.iF!s· Texas Legislature or any other state entity? (es No - -

13. Miscellaneous Information Note: uMateria/ interest" is defined as (a) serving on the governing board of directors or (b) a ten (10) percent or greater ownership. This does not apply to any mutual funds in which you do not exercise authoritv in investment decisions.

Have you filed federal income tax returns for the past five (5) vears? If no aive details. I [81 Yes I I No

Are you, your spouse, or any company in which you have a material interest currently delinauent in anv local, state or federal taxes? If ves, aive details.

Have vou ever defaulted on a oersonal, business or student loan? If ves aive details. Type of Loan Date Details

Have you, your spouse, or any company in which you have a material interest or of which you have been an officer or principal been involved in any bankruptcy proceeding? If yes, give details includina dates.

Do you currently serve, or have you ever served, on any local, state or federal government board, commission or committee or in anv elected or appointed office?

Entity Position Dates Compensated

(Y/N)

179th District Court. Harris Couintv Jud2e 1/13 - 12/1 6 y

Revised 02/15

I DYes ~No

I D Yes IXI No

0Yes ~ No

[81 Yes D No

Reimbursed (Y/N)

N

3



Are you or vour soouse related to a local state or federal oublic official? I Yes f.-C-~.L...C...;;.;....;;..c.....<...;;..;;.;..;~;;....;;..;;~__;;_....;;.;..;_;;_;_.;_;;__;;___;....;_;___,_;;c.=:__:_;:_,_"-'---'....::....:.....::...C....:c..;__a:_...c.;_c;_'-'-C.-.;;_;_;_;-=-:...:c;.;...:..... __ ---r-____ __.

Name of Official and Title I Relat1onshit

Do you or your spouse have any material interest in, or are either of you employed by, any company that does business with or receives funds from the State of Texas? If yes, give full name and details:


Are you or your spouse an officer, director, employee or paid Self consultant of a trade association? 0Yes ~ No


Have you or your spouse ever been registered as a lobbyist or received compensation to represent someone before a local, state, or federal government? Self or Entity Represented Entity Lobbied Spouse

Have you, your spouse, or any company in which you or your spouse have a material interest been party to litiaation? If yes, give details.

In the last five years, have you, or any company in which you have a material interest, been licensed by a Texas state agency? If ves, aive details.

Agencv TvDe of License License# Secretary of State P .L.L.C for orivate law oractice 801300500

Have you ever been delinauent in child suooort payments? If yes, aive details.

Revised 02/15

0Yes ~No

0Yes ~ No

Dates

I 0Yes ~ No

~Yes 0No

Expiration In existenct

DYes D No ~ Not Applicable

4



To the best of your knowledge, has any federal, state or local law enforcement or regulatory D Yes [8J No agency (on behalf of itself or any other person or entity) filed or investigated any grievance or complaint against you, your spouse, or an entity in which you have a material interest? If yes, give details and disoosition (investiaated, dismissed, reprimanded)

Aaencv Date Details and Disoosition

To the best of your knowledge, have you, your spouse, or any company in which you have a D Yes [8J No material interest been investigated, reprimanded, fined or suspended from doing business with any state or federal agency? If yes, give details and disposition (investigated, reprimanded, fined, susoended

Agencv Date Details and Disoosltion

Have you ever been convicted in a criminal proceeding (excluding traffic violations), placed on probation, required to perform community service, or had a criminal proceeding disposed of by pre-trial diversion, deferred prosecution, deferred adjudication, or some similar

D Yes [8J No

proceeding?

If yes, list the charge, the date of the offense, the city and/or county and state in which it alleaedlv occurred. and the disoosition thereof.

Revised 02/15 s

14. Certification

Full Legal Name Kristin Melissa Guiney McClees

Date of Birth T )river License or DPS ID#

Are you a U.S. Citizen? cgj Yes D No I Place of Birth Webster, Texas


Ethnicity: (optional; check all that apply) cgj White D African American






• Any information provided on the application or attached may be subject to the Texas Public Information Act This means that an individual requesting copies of the information in your file may be provided access to that information.


I hereby certify that the foregoing and any attached statements are true, accurate and complete. I agree that any misstatement, misrepresentation, or omission of a fact may result in my disqualification for appointment. I assign and hereby give the Office of the Governor full authority to conduct background investigations pertinent to this application. I specifically authorize the Texas Department of Public Safety to conduct a background investigation and to disclose the results of that investigation to the Governor or his authorized represen

Submit to:



/

Applicant's Signa

7/19/2017

Date

[email protected] (with scanned signature page)

Revised 02/ IS 6

Law Office of Alexis Bruegger

Appointments Staff Office of Greg Abbott PO Box 12428 Austin, Texas 78711


8505 Technology Forest, #104

The Woodlands, Texas 77380

832-570-3238 Phone/ 832-383· 7498 Fax

[email protected]

I am writing to you regarding your upcoming selection for Judge of the 232nd

District Court of Harris County, Texas. I am certain that you have many great

candidates from which to make your selection. I am hopeful that you will select

former Judge Kristin Guiney to fill this open spot.

I have known Ms. Guiney since law school, and our time together as Asst.

District Attorney's at the Harris County District Attorney's Office. I have had the

pleasure of practicing in front of her when she was Judge of the 179th District Court.

Judge Guiney deserves to be back on a bench again, and Harris County desperately

needs someone with her experience, compassion, and integrity. Unlike some other

Judges, Judge Guiney did not have any hidden agenda. She simply followed the law,

was fair to both sides, thus ensuring that the accused received a fair trial. If you

have any questions, please do not hesitate to contact me.

Appointments Staff Office of Governor Greg Abbott PO Box 12428 Austin, Texas 78711

January 31, 2017

Re: Letter of Support for the Appointment of Kristin Guiney to the 232nd District Court of Harris County, Texas

To Whom It May Concern:

Thank you for allowing me the opportunity to express my sincere belief that Kristin Guiney is the ideal candidate for the appointment of Presiding Judge of the 232nd District Court of Harris County, Texas.

I have had the honor of working with Kristin Guiney as a co-worker while she was a prosecutor at the Harris County District Attorney's Office, as an adversary when she represented the rights of the accused, and practiced in front of her when she presided over the 179th District Court of Harris County, Texas. In each of these endeavors Mrs. Guiney conducted herself with integrity and a keen sense of justice.

Most importantly, in her four years as the Presiding Judge of the 179th District Court Kristin Guiney proved herself to be a sound jurist who combined a stern adherence to rule of law with compassionate reforms aimed at rehabilitation.

I believe that Mrs. Guiney's dedication to criminal justice and diversity of experience brings a much need perspective to the bench, as well as a deep understanding of the practice of law in the District Courts.

~~ - · Aimee Bolletino ____ )

P.O. Box 7944 Houston, TX 77270 (713) 363-3990 [email protected]

APPOINDv1ENTSSTAFF

R. SCOTT SHEARER Attorney at Law

917 FRANKLIN, SUITE 320 HOUSTON, TX 77002

(713) 254-5629 OFFICE (713) 224-2889 FAX

[email protected]

OFFICE OF GOVERNOR GREG ABBOTT PO BOX 12428 AUSTIN, TEXAS 78711

Dear Sir or Madam,

RECEIVED

JAN O 9 2017

Appointments

E }·ID ·/7

January 4, 2016

I am writing to you in support of the Honorable K.RISTJN M. GUINEY, former judge of the 179th District Court of Harris County, Texas. I had the pleasure of trying a capital murder case before Judge Guiney for several months in 2014. I found Judge Guiney to be extremely hard working, intelligent, and in possession of a temperament uniquely befitting a judge. Her patience with the parties was truly appreciated and made for a trial with far less rancor than one would normally experience. At one point, Judge Guiney actually stopped the trial so that she could perform her own legal research on a complicated question of law while she asked the parties to do the same. In 23 years of practice trying criminal cases, I have only had one other judge make a similar suggestion. I did not always agree with Judge Guiney's rulings. I did find, however, that her decisions were the product of a sincere desire to get it right. I would characterize Judge Guiney as a "student of the law" - someone who has a desire to continue to learn in a constantly changing legal landscape. Unfortunately, this is a characteristic sorely lacking amongst many of the other judges I appear before.

Judge Guiney enjoys wide support among both the defense bar and the district attorney's office. But for the unique circumstances of the last contest, I feel confident that Judge Guiney would win in a general election. I hope you will consider Judge Guiney when any judicial appointment need be filled.

~------R. Scott Shearer

- ,

David Whitley Office of the Governor P.O. Box 12428 Austin, Texas 78711

Re: Kristin Guiney

Dear Mr. Whitley,

Jerome Godinich, Jr. Attomey at Law

929 Preston, Suite 200 Houston, Texas 77002 Phone:713-237-8388 Fax:713-224-2889

I am writing to you regarding Kristin Guiney who is seeking the position of Judge for the 232nd Harris County District Court.

I have known Kristin personally for over eight years. Kristin is a very bright individual who is always professional, organized and responsible. I believe that her legal skills and experience as judge of the 179th Harris County District Court wiU be a tremendous asset if she is chosen to fill the vacancy in the 232"d Harris County District Court.

When I first met Kristin, she was a young prosecutor just beginning her legal career in the felony courts. She was part of a group of assistant district attorneys already demonstrating leadership ability and exceptional trial skills. During the time I have known Kristin, she has progressed from trying felony cases to becoming Judge of the 179th Harris County District Court. She presided over the death penalty trial of Juan Balderas, case no. 1412826. Mr. Balderas had been in custody for eight years prior to trial. Judge Guiney determined to clear the trial log jam of her judicial predecessor, set Mr. Balderas' very complicated gang case for trial. During the trial, she demonstrated the patience and intelligence one normally sees in a far older and more experienced trial judge.

She is t very accomplished trial lawyer who worked for many years as an assistant district attorney in Harris County. She is also :ristin's accomplishments reflect the abilities and innate skills necessary for a successful judicial career. Respected and accomplished, Kristin Guiney would continue the fine judicial tradition we see in Harris County.

If you have any further questions, please do not hesitate to contact me.

Sincerely,

[email protected] www.paulschifferlaw.com

PAUL SCIDFFER ATTORNEY AT LAW

5300 MEMORIAL DR., SUITE 750 HOUSTON, TEXAS 77007

December 7, 2016


£ \'2· \t· (b RECEIVED

DEC O 9 2016

Appointments

OFFICE: (713) 521-0059 • FAX: (713) 800-0221

Re: Appointment of Kristin M. Guiney to the 232°d District Court of Harris County

Dear Staff:

My name is Paul Schiffer and I am a lawyer licensed to practice in state and federal courts in Texas. I have been practicing law for over 41 years, serving as an Assistant District Attorney for Harris County at the beginning of my career and as a criminal defense attorney for the balance. I have been appointed as a special Judge in Harris County in misdemeanor courts many times so I believe I have a broad perspective on the qualifications that define a good judge because I have seen it from every side.

I am writing this letter to encourage you to appoint Kristin Guiney to the 232°d District Court in Harris County, occasioned by the election of Judge Mary Lou Keel to the Court of Criminal Appeals on January 1, 2017. I have known Kristin Guiney as long as she has been a lawyer. I have found myself on the opposite side of arguments and cases when she represented the State as an Assistant Harris County District Attorney. She was a formidable opponent. She was thorough, prepared, zealous, and an altogether commanding presence in the courtroom. During her brief stint as a criminal defense attorney, she brought the same drive and integrity to her practice and again was an extremely effective advocate. Her election to the bench of the 179th District Court was fortunate for all Texans. Judge Guiney was finally in a position where her character, intellect and experience would allow her to have the greatest impact for the greatest number of people. Victims, defendants, attorneys were all treated with civility, kindness or sternness when it was appropriate. All participants could readily see, every day that she was on the bench, the quick grasp she had of complex cases and the fair resolutions she arrived at after all parties had their fair day in court before her. Kristin Guiney is one of those rare jurists who gets it right almost all the time, and if she is wrong in the opinion of the "losing" side, it is not because she was tired, or mean or complacent. In all my years of practicing in front of hundreds of judges, Kristin Guiney is a jurist par excellence, in the top tier. ·

To appoint Kristin Guiney would bring honor to e State of Texas, it' s Governor and the people of Harris County.

Date: 5 December 2016

To: Governor Greg Abbott

From: 8. Jill Carroll, Ph.D.

Re: recommendation for Judge Kristin Guiney

E t'l· 12 .11,

RECEIVED DEC 1 2 2016

Appointments

I write to encourage your appointment of Judge Kristin Guiney for the criminal bench that is coming open in Harris County as of January 1, 2017.

I have known Judge Guiney for about 3 years, mainly through her participation in a landmark leadership program called American Leadership Forum (ALF). ALF was founded in Houston over 3 decades ago by Joseph Jaworski. and has now spread to 9 chapters nationwide. ALF's mission is to join and strengthen diverse leaders to better serve the common good. I am a lead facilitator and program consultant for ALF, as well as a senior fellow of the program.

Judge Guiney participated in a year-long cohort focused on criminal justice. She and other fellows from throughout the criminal justice system spent the year discussing issues in criminal justice and seeking to find creative solutions to the many challenges facing the system here in Harris County.

As a Republican judge, with a past work history in the office of the district attorney and as a criminal prosecutor, Judge Guiney has a sharp view of the range of criminality that plagues our society and is deeply motivated by a sense of justice to and for the victims. At the same time, she sees deeply into the more systemic problems that exist at the level of failing families and institutions, which give rise to crime and other offending actions. She thus seeks to be "tough on crime" while also seeking to prevent the cultural and societal crises that foster criminality and other deviant behaviors.

My experience with Judge Guiney taught me several things. One, she is one of the smartest people I've ever met - she is a person of formidable intelligence - and I've met lots of smart people, having earned my Ph.D. at Rice University and been a -professor there. Two, she approac.:hes issues .with thoughtf.ufaess and thoroughness. She is keenly aware of the complexities of the criminal justice system and of the challenges it deals with every day. She resists simplistic "answers" and cheap sloganeering, and will call such things out when she encounters them. Three, she is a person of profound integrity in both her personal and professional life. She is very clear and on what she is and is not ethically and legally bound to do and s~y - and manages herself accordingly. Finally, she is a person of deep religious faith, and relies on her faith to keep her grounded in wisdom and truth in the midst of

confronting in her court some of the most egregious vio]ations of human decency one can imagine.

I admire Judge Guiney a great deal. She was first just a participant in the ALF cohort that I was faciJitating. As time progressed, she became a colleague. Now, she is a friend and someone I greatly respect I trust her immensely and believe that the people of the state of Texas deserve someone of her caliber on the bench.

I urge you to consider appointing her. You won't regret it

Thank you for your consideration.

440 LOUISIANA, SUITE 200 HOUSTON,TExAS77002

*MARYE. CONN & ASSOCIATES ATTORNEYS AT LAW

*LICENSED IN TEXAS AND CALIFORNIA

REce1,1ED DEC O 5 2016

l\ppo 'ntments

PHONE: (713) 357-4190 [email protected]

WWW.MARYCONNLA W.COM

November 28, 2016

Appointments Staff Office of Governor Greg Abbott Post Office Box 12428 Austin, Texas 78711

Re: Appointment of Judge Kristin Guiney to the 232"d Criminal District Court of Harris County, Texas

Dear Staff and Governor Abbott:

As a veteran of the criminal justice system for some 32 years, I have practiced in many courts and courthouses, in Texas, in Federal Courts, and in other states as well. I served as President of the Harris County Criminal Lawyers Association, and as Director of both the Texas Criminal Defense Lawyers Association and the National Association of Criminal Defense Lawyers for three terms each. I have never written a letter of this type.

As you know, we lost several very good judges. The most significant loss was Kristin Guiney, of the 179th District Court. Judge Guiney is the benchmark of what ajudge should be: highly intelligent, extremely knowledgeable, incredibly focused on the "right things" such as appropriate resolutions and fair dispositions. And, interestingly, no one from the District Attorney's office or the defense bar has any complaint about her whatsoever. Judge Guiney was a great prosecutor, and has been a great judge, fair and impartial. She is smart for Texas: she is tough and thoughtful and always willing to do the right thing. She is good for the County, good for the State, and a good representative of your office, should you appoint her.

We lost another great judge, Mary Lou Keel, who was "kicked upstairs" to the Court of Criminal Appeals. We will miss her in the District Court, and at the same time are delighted for her accomplishment, which she greatly deserves. Her bench would be well-served by Judge Guiney. Please appoint Judge Guiney to the 232™1, to replace our Judge Keel.

Very truly yours, MARYE. CONN & ASSOCIATES

/J(f, (__, Mary Elizabeth Conn

MEC/sb

Appointments Staff Office of Governor Greg Abbott P.O. Box 12428 Austin, TX 78711

November 22, 2016

£ l l ·l, 1· /t RECEIVED

Nov 2 9 20,,. A o

PPointn--.e ... , nts

Re: Kristin Guiney for Appointment to the 232°d District Court, Harris County

Governor Abbott and Appointments Staff,

I am writing to recommend Hon. Kristin Guiney for appointment to the 232nd Criminal District Court in Harris County, which will soon be vacant as Judge Mary Lou Keel takes her seat on the Court of Criminal Appeals. Judge Guiney was the judge for the 179th Criminal District Court for four years, and was widely regarded as one of the smartest and hardest working judges in the county. She was, unfortunately, not reelected this month in a Democratic sweep of the county.

As judge for the 179th, Judge Guiney has been a conscientious and wise representative for the people of Harris County. She truly earned the title of "honorable." I have had the privilege of being a practicing attorney in her court and have seen how she leads from the bench. Her rulings follow the law - she often breaks to research current case law before rendering an option on a legal issue. She takes a personal interest in the lives of those on probation in her court, offering honest and heartfelt advice and guidance to probationers while not shying away from voicing hard truths and issuing sanctions when they are needed.

Observing the proceedings in her court, I have seen her make tough sentencing decisions. She carefully weighs the need for rehabilitation with that for punishment, considering both the offender's actions and background and the pain wrought on the victims and their families. This is a responsibility she takes with the seriousness that it des~r.ves. The~e are the decisions many, including myself, would not voluntarily take on. Judge Guiney possesses both the courage and grace demanded of such tasks.

I have heard her tell new probationers, whom she is giving a chance for rehabilitation from drug addiction or to re-earn the trust of their community, "do not mistake my kindness for weakness." I believe this perfectly sums up the way she runs her courtroom. She treats everyone who enters with dignity and respect, but is not afraid make the difficult calls.

Harris County needs more judges like Kristin Guiney. I respectfully request that she be considered for appointment to the 232nd Criminal District Court.

Sincerely,

~d£ Miranda Meador

Natalie L Schultz Attorney at Law

2500 East TC Jester, Ste 135• Houston, TX 77008• Phone: 832-831-4105 • Fax: 713-868-7912 E-Mail Web: www.nschultzlaw.com

November 21, 2016

Dear Appointment Staff,

f \ \ . 1-,'t, · IL RECEIVED

NOV 2 8 2016 Ap . po1ntments

Please accept this letter as my recommendation for Kristin Guineyto the 232"d District Court bench. I have worked in front of Judge Guiney for 4 years during her tenure as Judge of the 179th District Court in Harris County, Texas. She is incredibly fair and impartial. She maintains a very even temper and is always pleasant and professional to attorneys, staff, victims, and defendants alike.

Kristin Guiney has extensive experience in the Harris County Criminal Justice System. She was an Assistant District Attorney for 9 years; a criminal defense attorney for 2 years; and Criminal Court Judge of the 179th District Court for 4 years. All of her experience has made her one of the most reasonable and fair judges before whom I have had the pleasure of working. My colleagues, both those who are prosecutors and those who are defense attorneys, all consider Kristin Guiney one of the best, if not the best, judge in the courthouse.

She is honest and extremely intelligent. She will research the law to make sure that every ruling she makes is just and appropriate. She is tough on violent crimes, yet always w illing to help get the less fortunate get back on their feet. She will research and hand out information on employers who hire felons, rehabilitation centers, and ways to regain a valid driver's license. The success of those who appear before her on non-violent drug, theft, or fraud cases is extremely important to her.

If my family suffered a loss or were a victim of a crime, I would want the offender to be in Kristin Guiney's court. I know that justice would certainly prevail. I can also say that if someone in my family were charged with a crime, I would want that family member to be in Kristin Guiney's court. I would feel confident knowing that the right thing would always be done.

I truly hope that you will nominate Kristin Guiney to the 232nd District Court of Harris County, Texas. Our community would thank you.

Sincerely,

L Natalie/schultz Attorney at Law

DE NEAL DAVIS

November 18, 2016


LAW FI R M

Re: Appointment of lfrist in ... 1. Guiney to the 232°d District Court of Harris County

Dear Staff,

My name is Neal Davis. I am an attorney licensed to practice in state and federal court in Texas. I have practiced for almost 20 years. I am Board Certified in Criminal Law and AV-Rated by Martindale Hubbell. Following my graduation at the University of Texas School of Law, I worked as lawyer with Dick DeGuerin. I worked with him for over 10 years, and then started my own firm. I am very involved in the local bar, having twice been a Board Member for the Harris County Criminal Lawyers Association.

I am writing this letter to support Ifristin Guiney for appointment to the Harris County bench. I have known Ki·istin Guiney for many yea1·s- when she was a prosecutor, a criminal defense attorney, and a judge. I can say without any hesitation that she was an outstanding prosecutor and defense attorney, and now a judge, in skill, temperament, and ethics. As a prosecutor, she was tough but fair. She was always thoroughly prepared, shot straight with the defense bar, and aggressively prosecuted her cases (I was the lawyer on the other side of one such prosecution). As a defense attorney, she zealously represented her clients and had great success. As a judge, she has been a superstar-fair and impartial to both sides while moving cases so that everyone ( victim and defendant) promptly had their day in court. Both sides of the bar-prosecutors and defenders alike-hold he1· in the highest regard. And both sides were equally crushed when she lost. despite her tireless campaigning with her wonderful by such a small margin in the November 2016 elect10n.

Kristin Guiney is "smart" on crime. I believe her experience on both sides of the bar have made her such an effective judge. She knows the difference

917 Franklin St., Sixth Floor I Houston, Texas 77002

Tel: 713.227.4444 I Fax: 800.760.7140 I [email protected]

between someone who can be rehabilitated and someone who needs to go to prison. She knows that everyone wins-taxpayers and law·abiding citizenswhen a judge is smart on crime. Yet she is firm in incarcerating offenders who pose a threat, have historically shown a disregard for the law, and/or are incapable of reforming themselves. If I ever am in the unfortunate situation of myself or a loved one being a victim of crime, I have no doubt that she would do the right thing in sentencing the offender.

I have only written one letter on behalf of another judge in my career. That is how strongly I feel about Kristin Guiney. Please appoint her to the 232nd District Court of Harris County, Texas.

November 22, 2016

Appointments Staff

Bill Stradley Attorney at Law

917 Franklin, 6th Floor Houston, Texas 77002

(713) 725-8743

Office of Governor Greg Abbott PO Box 12428 Austin, Texas 78711

RE: Appointment of Kristin Guiney to the 232nd District Court of Harris County

Dear Staff,

My name is Bill Stradley. I was licensed to practice law in November 1990. I was an Assistant District Attorney under Johnny Holmes for 4 years upon graduation from South Texas College of Law. I met Governor Abbott in 1992 in the Harris County Criminal Courthouse. I was a new DA and Governor Abbott was making the rounds campaigning for his position as a District Judge in Harris County.

I have been in private practice since 1995. I became Board Certified in Criminal Law in 1997. I am the chairman of a panel for the State Bar of Texas Regional Grievance Committee. I have appeared before all of the Criminal Judges in Harris County on a daily basis since 1990. I believe I am in a position to recognize an excellent judge.

I first came to know Kristin Guiney while handling a case on the opposing side. As an assistant District Attorney Kristin was willing to consider wellmade arguments. Kirstin was never condescending as prosecutors can sometimes be. I can attest however that Kristin was well known to the defense bar as a very effective and worthy opponent. Kristin is known to be resourceful, prepared and sharp on her feet.

When Kristin made it known that she was running for the 179th District Court, I quickly offered my support, at some political expense to myself. I

'

found Kristin to be an extremely effective judge over the last four years. Without a doubt, she knows the law better than 99% of the lawyers in the Courthouse. At the same time, Kristin is approachable- a quality that I consider to be of upmost importance. I have witnessed Kristin many times dispensing justice in a firm but compassionate way. I have also observed her to have a commanding presence as a trial judge, while retaining her humanity.

Kristin is a true conservative who follows the law and does not legislate from the bench. She has also worked within the legal framework to establish programs that reduce recidivism, save taxpayers money, and treat addicts. She also happens to be a wonderful

Simply stated, I have observed Kristin to be the finest Judge I have come across. I say this without hesitation. It saddened me greatly to lose her in this most recent political tsunami. Although I recognize that the field is deep for candidates seeking this position, I respectfully submit that Kristin is the best choice for the position.

Sincerely,

6~1~

N ~·w·ll GOVERNOR GREG ABBOJ2.t c~,v~ OFFICE OF THE GOVERNOR ,q <o D APPOINTMENT APPLICATION I/Jl)0,i71"°' <O~

&17ts


Full Legal Name Lee Marshall Larkin

Preferred Name Lee

Spouse's Name Rebecca Larkin

Physical Home Address 117 Sage Road


Mailing Address 11 7 Sage Road


County Harris Cellular 713-870-8383


Home Telephone 713-552-1322



Civil District Court Judge (Houston; Dallas; Ft. Worth; Waco; or Austin); or

4 E . mp1oymen ti f ti n orma on Employer Employer's Address Dobrowski, Larkin & Johnson L.L.P. 4601 Washington Ave., Suite 300

Houston, Texas 77007

Present Job Description Board Certified, Civil Trial Law - Texas Board of Legal Specialization

Present Job Title Partner Profession Attorney

Represent clients in all phases of commercial civil litigation, including the preparation and trial of numerous and diverse jury and non-jury cases in state and federal court, as well as arbitrations, and the concomitant depositions, hearings, and proceedings that accompany litigation.

Revised 02/l 5

I Name Lee Marshall Larkin

5. Education /T . rammg


High School Spring Branch High School 1974 HS Diploma with Honors

Undergraduate Baylor University 1978 B .A./OralComms/Rad io/ T'\f/J::!1- , /"',-- I n··-' -

Graduate Baylor University School of Law 1981 J.D.

Other

6 E . mp ovmen t H" 1storv Employer Position Dates Location

Sleeper, Johnston, Helm, Eldridge & Legal Assistant during law school 11/78-8/81 Waco, Texas Fourteenth Court of Appeals Briefing Attorney 9/81-8/82 Houston, Texas Fouts & Moore, L.L.P. Attorney/Partner 9/82-8/01 Houston, Texas Dobrowski, Larkin & Johnson L.L.P. Attorney/Partner 9/0 I-present Houston, Texas


Tom Sims Parrott, Sims & Mcinnis Houston 832-485-6000 co-worker Mark Bragg Bragg, Felt & Assoc. Houston 713-465-0500 CPA Fred Johnson Dobrowski, Larkin Houston 7 13-659-2900 co-worker Anthony "Tony" Weiner Dobrowski, Larkin Houston 713-659-2900 co-worker Paul Dobrowski Dobrowski, Larkin Houston 713-659-2900 co-worker

8. Professional Memberships (including any state bar memberships) Oraanization Title/Position Current/Former

Texas Board of Legal Specialization Member Current State Bar of Texas Member Current Houston Bar Association Member Current American Bar Association Member Current Houston Young Lawyers' Association Member, - 1981-1992; Director, 1983-1984 Former

. o unteer 9 V I p art1c1pat1on Organization Title/Position Current/Former

Second Baotist Church Deacon Current Sae:e on the Bayou Owners' Association VP/Architectural Rvw Comm/Legal Comm Current

10 MT 11tarv s erv,ce Are you or have you ever been a member of the Armed Forces of the United States: r lYes IXINo


Revised 02/1 S 2


11 . Social Media Information


Facebook [8J Yes D No Username Lee Larkin (used sparingly)

Twitter [8J Yes D No Handle @LeeMLarkin (used sparingly)

lnstagram D Yes [8J No Username

Linkedln [8J Yes D No Profile Lee M. Larkin

Google+ [8J Yes D No Username Lee Larkin (used sparingly)

12 S I f f . ipouse n orma 10n D Th' s r N t A r bl IS ec1on 0 1PI pica e Spouse's Employer Job Title/Position Larkin St. Denis Consulting Consultant/College Guidance

Does your spouse conduct any business with or before the If yes, please list agencies: D Yes [8J No Texas Legislature or any other state entity? NIA

13. Miscellaneous Information Note: "Material interest" is defined as (a) serving on the governing board of directors or (b) a ten (10) percent or greater ownership. This does not apply to any mutual funds in which you do not exercise authorit in investment decisions.

Are you, your spouse, or any company in which you have a material interest currently delinquent in any local, state or federal taxes? If yes, oive details.

Have vou ever defaulted on a personal, business or student loan? If yes, give details. Type of Loan Date Details

Have you, your spouse, or any company in which you have a material interest or of which you have been an officer or principal been involved in any bankruptcy proceeding? If yes, oive details includino dates.

Do you currently serve, or have you ever served, on any local, state or federal government board, commission or committee or in anv elected or apoointed office?

Entity Position Dates Compensated (Y/N)

Revised 02/ I 5

ID Yes IZI No

ID Yes IXI No

D Yes [8] No

LJ Yes ~ No

Reimbursed (Y/N)

3



Are vou or vour soouse related to a local, state or federal oublic official? I I I Yes C><I No Name of Official and Title Relationshio

Do you or your spouse have any material interest in, or are either of you employed by, any company that does business with or receives funds from the State of Texas? If ves, give full name and details:


Are you or your spouse an officer, director, employee or paid Self consultant of a trade association? D Yes [81 No


Have you or your spouse ever been registered as a lobbyist or received compensation to reoresent someone before a local, state, or federal government? Self or Entity Represented Entity Lobbied Spouse

:

Have you, your spouse, or any company in which you or your spouse have a material interest been party to litigation? If yes, Qive details. See attached.

In the last five years, have you, or any company in which you have a material interest, been licensed bv a Texas state aaency? If yes, give details.

Agency Tvpe of License License#

Revised 02/15

D Yes 1:8:1 No

DYes ~ No

Oates

I [81 Yes D No

D Yes [81 No

Expiration

Yes No ~ Not Applicable

4



To the best of your knowledge, has any federal, state or local law enforcement or regulatory D Yes IZI No agency (on behalf of itself or any other person or entity) filed or investigated any grievance or complaint against you, your spouse, or an entity in which you have a material interest? If ves, give details and disposition (investigated, dismissed, reprimanded)

Agencv Date Details and Disposition

To the best of your knowledge, have you, your spouse, or any company in which you have a DYes ~ No material interest been investigated, reprimanded, fined or suspended from doing business with any state or federal agency? If yes, give details and disposition (investigated, reprimanded, fined, suspended,


Have you ever been convicted in a criminal proceeding (excluding traffic violations), placed DYes ~ No on probation, required to perform community service, or had a criminal proceeding disposed of by pre-trial diversion, deferred prosecution, deferred adjudication , or some similar proceeding?

If yes, list the charge, the date of the offense, the city and/or county and state in which it alleaedly occurred, and the disposition thereof.

Revised 02/15 5

14. Certification

Full Legal Name Lee Marshall Larkin

Date of Birth l Driver License or DPS ID#!

Are you a U.S. Citizen? !XI Yes LJ No I Place of Birth Houston, Texas


Ethnicity: (optional; check all that apply) ~ White LJ African American






• Any information provided on the application or attached may be subject to the Texas Public Information Act. This means that an individual requesting copies of the information in your file may be provided access to that information.


I hereby certify that the foregoing and any attached statements are true, accurate and complete. I agree that any misstatement, misrepresentation, or omission of a fact may result in my disqualification for appointment. I assign and hereby give the Office of the Governor full authority to conduct background investigations pertinent to this application. I specifically authorize the Texas Department of Public Safety to conduct a background investigation and to disclose the results of that investigation to the Governor or his authorized re resentative.

Submit to:




Revised 02/ 15 6

-

lr~c J(/4' ~/~~()

-'l < II 13. Miscellaneous Information (Continued) !0,001~1, ;()~

77'}~1). Have you, your spouse, or any company in which you or your spouse have a materi;{f&1nterest been party to litigation? If yes, give details.

Yes. In 1998, Marie Hoover, a former client (and aunt of one of the firm's associates), filed suit for legal malpractice, breach of fiduciary duty, and deceptive trade practices resulting from alleged mishandling of the estate of Ms. Hoover's mother in a lawsuit between Ms. Hoover and her brother-in-law. Summary judgment was granted for Mr. Larkin. Ms. Hoover filed an appeal with the Fourteenth Court of Appeals who held by plurality (there were three separate opinions) that summary judgment was proper with regard to Ms. Hoover's breach of fiduciary duty claim and left the other claims in tact; Marie Hoover v. Lee M. Larkin, et al., 2001 WL 1046266 (Tex. App.-Houston (14th Dist.] 2001, pet. ref'd) (affirmed the trial court's decision with regard to the breach of fiduciary claim. The remainder of Ms. Hoover's claims, for legal malpractice and DTPA, were remanded to the trial court. Mr. Larkin prevailed on summary judgment thereafter. Ms. Hoover appealed that summary judgment to the First Court of Appeals (Marie Hoover v. Lee M. Larkin, et al., 196 S.W.3d 227 (Tex. App.Houston (1st Dist.] 2006, no pet.)). The First Court of Appeals affirmed the trial court's decision. Ms. Hoover did not file a disciplinary action. The opinion of the First Court of Appeals is att~ched.

The following are the proceedings Lee Larkin has been party to outside of his legal practice:

Douglas French v. Rebecca Larkin, et al, Harris County Cause No. 1987-01248: In 1987, Mrs. Larkin was involved in a minor car accident. The car was in the name of Lee Larkin, and I was joined under a "negligent" entrustment theory. The case was favorably settled for the Larkins upon agreement of the parties.

In early 2000's, Lee Larkin appears on at least two occasions as a plaintiff against Harris County Appraisal District ("HCAD"), which was apparently filed on my behalf by the property service used at that time. I have since handled the property value issues with HCAD and have not filed any lawsuits against HCAD personally.

Lee and Rebecca Larkin v. Gary and Pam Halverson, Harris County Cause No. 2005-64563: In 2005, suit was filed against the Halversons regarding undisclosed defects ("rotational slope failure") related to a home my wife and I purchased from them. In 2006, the suit was settled favorably for the Larkins upon agreement of the parties.

Jamie Burrows and Gerry Griggs v. Jean Kuriger Edwards and Jean Ann Kuriger Revocable Trust, et al. v. Lee M. Larkin, Rebecca A. Larkin, Gabriel M. Gelb, Betsy D. Gelb, Naoliiko Muneyoshi, Yasuko Muneyoshi, Derek S. Smith, Victoria Smith, Billy Gibbons, Ivar Siem, Britt Siem, Alan Clwdrow, Yvette Chodrow, Charles Colby, Ina Colby Caceres, and Cathy Black, Harris County Cause No. 2006-41195: Beginning in 2007, 16 of Ms. Burrows' and Mr. Griggs' neighbors intervened and were involved in litigation of which the homeowners/neighbors (including me and my wife) sued the neighboring property owners (Burrows and Griggs) over the denial of an easement to build and maintain a retaining wall. The easement was obtained by settlement; and construction of the necessary retaining wall was completed in 2008.

Gerry Griggs (pro se) v. Chicago Title Corp. and Lee Larkin, Harris County Cause No. 2013-06163: This suit was the result of a ruling by Judge Lynn Hughes regarding the lender's foreclosure upon 107 Sage (Jamie Burrows and Gerry Griggs) and was non-suited in September 2013.

2

Attachment to Question 13

C • '.

· HOOV,ER. v .. LAR}{IN Tex. Clte11196 S.W~d 227 ('f';".App.-Rounon(lstDlll,] 2006)

Marie HOOVER, Appellant,

v.

Lee M. LARKIN and Fouts & Moore, LLP, Appellees.

No. 01-05--00191-CV.

Court of Appeals of Texas, Houston (1st Dist.).

April 27, 2006.

8. Attorney and Client e:>112

If a legal malpractice case arises from prior litigation, the client must prove that, but for the attorney's breach of his duty of care, the client would have prevaJled in the underlying case.

4. Attorney and Client ¢;;>}29(2)

In general, one proves suit-within-asuit causation in a legal malpractice action by expert t.estimony.

Background: Client sued attorney and , 6. Attorney and Client ct=129(2) law f1rm for legal malpractice, breach; or' Client's legal malpractice claim, allegfiduciary duty, and deceptive trade prac::' ing attorney failed to advise her that civil tices, alleging defendants mishandled the litigation opponent's settlement offer In settlement In underlying civil litigation. underlying litigation was a gross amount The 269th District Court, Harris County, rather than a net amount, required expert John Thomas Wooldridge, J., granted tra- testimony on causation, i.e., that in abditional summary judgment to defendants. sence of attorney's alleged breach of duty Plaintiff appealed. The Court· of AppeaJii :. of care, the client would have won the affirmed in part, reversed 1n: part. ·ilz¥ underlying case or .the litigation opponent remanded. On remand, the District Court, ·would have accepted a settlement more John Thomas Wooldridge, J ,, grant.ed no- favorable to client, even if in the legal evidence summary judgment defendants. malpractice action the client sought as Plaintiff appealed. damages only actual damages for attomey

Holding: The Court of Appeals, Jane fees she had paid to the attorney in the Bland, J., held that client did not prove underlying action.

causation. 6. Attorney and Client ¢.>105.5 Affirmed.

1. Appeal and Error e:-854(1)

If the summary judgment order does not specify the ground or grounds . on which the trial court relied for it.a ruling, the appellat.e court will affirm it if ·any · ground raised in the mat.ion for summary judgment is meritorious.

2. Attorney and Client 'Pl05.5 ·

To prevail on a legal m~practice claim, a plaintiff must show that: (1) th~ attorney owed the plaintiff a duty; (2) ·fife. attorney breached that duty; · (8) .tl\e breach proximately caused the plaintiff's· injuries; and (4) damages occurred. -

A plaintiff in a legal malpractice case must demonstrate that any alleged damages, including attorney fees, were proximately caused by the breach of a duty by the defendant.

7. Antitrust and Trade Regulation e:-256

Client's deceptive trade practices claim against attorney, alleging that attorney failed to advise her that civil litigation opponent's settlement offer in underlying litigation was a gross amount rather than a net·amount, and seeking to recover actu.al d;unages for attorney fees she paid to . attorney in the underlying litigation, required client to prove, as causation element, that but for attorney's alleged mis-

.i·. ,!

,I

. )

228 Tex. 196 SOUTH WESTERN REPORTER, 3d SERIES

representation of settlement terms, she would not have incurred the fees she paid to attorney in underlying litigation, or she would have recovered those fee.a as par~ of successful deceptive trade practi_ces cl.~im. ·, against attorney. V.T.C.A., . Bua. & : Q. § 17.60(a). ·

8. Antitrust and Trade Regulation 'PS67

The plaintiff alleging a decept.ive trade practice must prove that a violation of the Deceptive Trade Practices Act (DTPA) is a producing cause of the plaintiff's injury. V.T.C.A., Bua. & C. § 17.50(a).

9. Antitrust and Trade Regulation e,;.390, 397

A plaintiff may recover all damages,· including attorney fees, that are the re'l\ult. of the defendant's deceptive tra~e iact1c~. but the burden remains on the plaintiff to demonstrate that a violation of the Deceptive Trade Practices Act (DTP A) is a producing cause of the plaintiffs damages. V.T.C.A., Bus. & C. § 17.60(a). · . . \

', "'I : •l i. \

10. Judgmente:>183 .: 1~

Attorney's no-evidence summary judgment motion challenging client's de-ceptive trade practices claim alleging that attorney misreprese~t.ed to client the terms of civil litigation opponent's setUe-ment offer in underlying litigation, which motion alleged that client had no evidence of causation, sufficed as challenge to client's claim under Deceptive Trade Practices Act (DTP A) for restoration of attorney fees she had paid to attorney in .underlying litigation, and thus, trial court's noevidence summary judgment did not grant the attorney more relief. than he lia.d )'equested; fee restoration under DTPA collld be granted only if client established a deceptive trade practice, and client Vf&S required to establish causation in' order to

1

•I i.

establish a deceptive trade practice. V.T.C.A., Bus. & C. § 17.60(a), (b)(S).

11. Attorney and Client e:=>153

An attorney who commits a clear and serious breach of his fiduciary duty to his client may be required to forfeit some or

. all of his attorney fees.

12. Attorney and Client ~153

Fee forfeiture is an equitable remedy whose primary purpose Is not to compensate the injured client for the attorney's breach of fiduciary duty, but to proooct the relationship of trust between attorney and client by discouraging attorney disloyalty.

Wayne H. Paris, Gillis, Paris & Heinrich, P.L.L.C., Houston, TX, for Appellant.

D. Wayne Clawater, Cruse, Scott, Henderson & Allen, L.L.P., Houston, TX, for Appellee.

Panel consists of Justices TAFT, HIGLEY, and BLAND.

OPINION

· JANE BLAND, Justice.

Marie Hoover appeals a no-evidence summary judgment rendered on behalf of Lee M. Larkin and Fouts & Moore, LLP (collectively "Larkin") in her suit for legal malpractice, breach of fiduciary duty, and deceptive trade practices resulting from Larkin's alleged mishandling of a settle-ment in an underlying case. We conclude that the trial court's summary judgment was proper because Hoover provides no evidence of causation on any of her causes of action. We therefore affirm.

Background

In 1998, Hoover hired Larkin to represent her in a suit against her brother-in-

·'

.. ·.

HOOVER v. LARKIN Tex. 229 Clle u 196 S.W.3d 227 (Tcx.App.-Holll1on [hi Dlllt.] 2006)

law for his alleged mishandling of funds as the executor of his mother's estate. In January 1997, the day before the case was to proceed to trial, Hoover offered to se\tle her claims against her brpther-ln-law for a net amount of $20,000, consisting' of· a cl!r~ tiflcate of deposit worth $13,600, lier brother-in-law's one-half interest in a note (the "Japhet note") worth $6,000, and · attorney's fees in the amount of $500. H!:! refused the offer, but after a half day_ of trial, the trial judge urged the parti~I ti>.: again attempt a settlement. Hoover alleges that during the lunch break, Lar!dn approached her twice, once asking her if she would settle for $20,000, which she accepted, and once asking if she would settle for $19,600, which she refused. Hoover claims that Larkin read her the settlement numbers during this exchange, but she did not hear them because he spoke too softly. After lunch, Larkin t.old Hoover her brother-in-law had agreed to a settlement of $20,000, which Hoover believed reflected the same settlement terms she had offered her brother-in-law the d9¥ before. '. ;

With Hoover presenti Larkin read the terms of the settlement in open court as follows:

[T]he J aphet note will be assigned to Mrs. Hoover, . . . which is approximately $12,600, to use round numbers, an-

, \ si, proximately $12,237.24. In. addition·. w

' l that, Mr. Dick Hoover will pay a sum of $7,763.76 80 that-in other words, a total of $20,000, your honor , , .. ·'

The trial court then reiterated the terms of the agreement and asked for each pa,r. ty's approval. When the court asked Hoover if those were the terms of her agreement, she first replied that she was distracted, but when asked again "[i]s that your agreement as we just stated," she replied that it was.

Hoover later rejected the terms of the settlement after she reviewed the settlement documents, and thus refused to sign them. Hoover contends she did not agree to settle for a gross amount of $20,000, consisting of the entire Japhet note, in which she already possessed a 50% interest, and approximately $7,500 cash. When Hoover informed Larkin that she was not satisfied with the terms, he apologized to her, and sought to obtain from Hoover's brother-in-law the original settlement offer, consisting of the entire Japhet note plus approximately $14,000 In additional payments. Hoover's brother-in-law once again rejected that settlement amount. Larkin withdrew from his representation of Hoover. Hoover later elected to accept the terms of the settlement rather than have her case dismissed for want of prosecµtion, and the trial court enforced the settlement agreement with terms as dictated into the record and agreed to by Hoover.

In November 1998, Hoover sued Larkin for legal malpractice, breach of fiduciary duty, and deceptive trade practices for failing to explain that the terms of the settlement agreement her brother-in-law accepted reflected a gross amount of $20,000, and not a net amount of $20,000. Larkin moved for traditional summary judgment, which. the trial court granted.

Hoov81' appealed the summary judgment to Uie Fourteenth Court of Appeals. Our sister court held that summary judgment was proper on Hoover's claim for breach of fiduciary duty because the alleged misconduct was not "clear and serious" as required to recover for fee forfeiture under Burrow v. Arce. 997 S.W.2d 229 (Tex. 1999). Hwver 11. Larkin. No. 14-00-00427-CV, 2001 WL 1046266, at 47 (Tex. App.-Houston [14th Dist.) Sept. 13, 2001, pet. denied) (not designated for publication). A plurality of the court held that

•

.I{ . ~ .·( ... . •: .

230 Tex. 196 SOUTH WESTEID{ REPORTER, 3d SERIES

summary judgment was improper as to Hoover's remaining claims, reversing the judgment as to Hoover's legal malpractice and DTPA claims. Id. at •10. One member of the court held that Larkin failed. to establish he was entiUed to a traditional summary judgment because (1) L.arkin's affidavit, which failed to identify the applicable standard of care, was insufficient to support summary judgment on whether Larkin breached a duty to Hoover, (2) any negligence on Hoover's part in failing: tp

that Hoover would have been successful had her case proceeded to trial. Larkin also argued that because the Fourteenth Court of Appeals already has concluded that Hoover is not entitled to fee forfeiture under her breach of fiduciary duty claim, any remaining breach of fiduciary duty claim is an improper recasting of her legal malpractice claim. The trial court granted summary judgment, from which Hoover appeals.

pay attention to the terms of the settle- Standard of Review ment was insufficient to break the causal

(1) We review the trial court's ruling connection between the alleged breach of on a motion for summary judgment de duty and damages, or to absolve Larkin of

novo. Prrrvident Life & Accident Ins. Co. responsibility for any negligent conduct, v. Knott, 128 S.W.Sd 211, 2l6 (Tex.2003). (3) the professional services exemption did

We view the evidence in a light most favornot apply to Hoover's DTP A claims, an~ (4) Larkin failed to prove as' 'a µiatter, of . able to the non-movant, making all reason-law the elements of judicial estoppel, ~I~ able inferences and resolving all doubts fn Jat.eral estoppel, and res judicata. Id. · at 'the non-movant's favor. Rhone-Poulenc, •3-10. Another member of the court con- Inc. v. Stee4 997 S.W.2d 217, 228 (Tex. curred in the result, stating that because a 1999), Because the summary judgment reasonable fact-finder could reach differing order does not specify the ground or conclusions as to whether Larkin exercised grounds on which the trial court relied for reasonable care under the circumstances, its ruling, we affirm it if any ground raised summary judgment was improper. Id. at in Larkin's mot.ion is meritorious. See FM •10. The third justice of the panel con- Props. Opemting Co. v. City of A-ustin, 22 curred fn affirming the summary ju<jgment S.W.3d 868, 87Z-73 (Tex.2000).

on Hoover's breach of fiduciary duty claim, In a no-evidence swnmary judgment, but dissented as to reversal of the trial the movant r epresents that no evidence court's summary judgment on the of:ber exists as to one or more eBBential elements claims because the summary judgment evj- of the non-rnovant's claims, upon which the dence demonstrated that "Hoover was ful- non-movant would have the burden of ly informed of the terms 'of the settiemeiit' f • tr'al "'- R C P 166 ('} proo a. 1 • " !!iX. • iv. . a 1 ;

before it became enforceable." Id. at *14. Flameout Deaign Fabrica.ticm, Inc. v. The court remanded Hoover's legal ' ma!- Pennzoil Caspian Corp., 994 S.W.2d 830, practice and DTPA claims to th~ trial 884 (Tex.App.Houston (1st Dist.] 1999, no court for further proceedings. ' pet.). Once the movant specifies the ele-

Upon remand, Larkin filed a no-evi- ments on which there is no evidence, the dence motion for summary jud~ent, cpri7 b'urden shi& to the non-movant to raise a tending this time that Hoover had.preseny fact . issue on the challenged elements. ed no evidence of causation. Specifican,, ·:Tux.R. Crv. P. 166a(i). On review, we asLarkin argued that Hoover presented no certain whether the non-movant produced evidence that her brother-in-law would more than a scintilla of probative evidence have accepted a different settlement, or tp raise a genuine issue of material fact.

t ' •

I

HOOVER v. LARKIN Tex. 231 CU• u 196 S,W.Jd 2:n .\'fcx.App.-Roualon [Ill DIAi.] 2006)

Id. More than a scintilla of evidence exists Larkin sufficiently raised causation as a if the evidence "rises to a level that would basis for summary judgment. enable reasonable and fair-minded people to differ in their conclusions." King A. Legal Malpractice Ranch, Inc. v. Chapman, 118 S.W.3d 742, 761 (Tex.2003). If the eviden~~ does.

1 n~

more than creat.e a mere surmise·or suspi-·

[2-4] To prevail on a legal malpractice ciaim, a plaintiff must show that "(1) the attorney owed the plaintiff a duty, (2) the • J

cion of fact, Jess than a scintilla of evidence attorney breached that duty, (8) the exists. ld. Although the non-mov,ing party breach proximately caused the plaintiffs is not required to marshal its proof; it · injuries, and (4) damages occurred." Al.e:1:must present evidence that raises a genu- ander v. Turtur & Assocs., Inc., 146 ine fact issue on each of the challenged S.W.3d 113, 117 (Tex.2004); Greathouse v. elements. TEX.R. Crv. P. 166a(i). McConnell, 982 S:W.2d 166,172 (Tex.App.

Discussion

Larkin contends that Hoover presents no evidence of causation. Specifically, Larkin contends that Hoover failed to present evidence either that her brotherin-law would have accepted her original

d J / . settlement. offer, or tha~ she woul h,~~ been successful had her case proceeded' to trial.

Hoover responds that Larkin's summary judgment motion only addresses damages consisting of the difference between the actual settlement and the S(!~ement !Jh,~ believed she would receive, put fails,: t.p· challenge her independent claim ·tpat L.ai:kin's act.lone caused her dll?Jlages ,in the form of lost attorney's fees paid to Larkin. Hoover does not contend that summary judgment was improper as to her claim for damages for the former; rather, Hoover contends that summary judgment should not have been granted against her claims for attorney's fees as actual damages.

Larkin moved for a no-evidence summary judgment on the basis that Hoover "has no evidence of causation. Causation is an essential element of each of her purported causes of action." Larkin th\is properly pointed out the element ot'Hod~ ver's claim for which he contends there is no evidence: causation. We conclude that

•i

Houston [lat Dist.) 1998, pet. denied). If a legal malpractice case arises from prior litigation, a plaintiff must prove that, but for the attorney's breach of his duty, the plaintiff would have prevailed in the underlying case. <hBathouse, 982 S.W .2d at 172. Cases often refer to this causation

. aspect. of the plaintiffs burden as the "suit,. within-a-suit" requirement. See id. at 178. In general, one proves causation in a legal malpractice suit by expert testimony. See Ale:w.nder, 146 S.W.3d at 119-20. Neither of Hoover's experts presented affidavits supporting suit,.within-a-euit causation. l!oover presented no evidence to demonstrate that she would have been successful in her underlying suit, or that her brotherin-law would have agreed to the settlement she wanted to achieve. Hoover claims that the suit-within-a-suit causation requirement does not apply to her claim for att.o~ ney's fees.

[6, 6] We do not agree that a legal Tl!alpractice claim for attorney's fees does not require expert evidence of causation. A plaintiff in a legal malpractice case must demonstrate that any alleged damages, including attorney's fees, were proximat.ely caused by the breach of a duty by the

· defendant. See Judwin Props., Jn,c, v. GTiggs & Harriscm. 911 S.W .2d 498, 607 (Tex.App.-Houston [1st Dist.) 1996, no writ). Thus, to survive a no-evidence mo-

f F .

..

. ~.

232 Tex. 196 SOUTH WESTERN REPORTER, 3d SERIES

tion for summary judgment, Hoover must present evidence raising a fact issue as to whether her attorney's breach of a duty caused damages in the form of attorney's fees. Though Hoover presented the affi-

' ' davits of two experts, neither affidavit av-ers that Hoover could have succeeded· in her suit or in achieving the larger 'settlement but for her attorney's alleged. negligence: nor does either affidavit refer to any attorney's fees incurred as damages. Without such evidence, Hoover falls lo raise a fact jssue that Larkin's {\eg~geiu:e caused her to incur attorney'~ fees as a result of Larkin's alleged malpractice. Becauae Hoover failed to raise a fact issue' as to whether Larkin's breach of a duty caused Hoover damages in the form of attorney's fees paid to Larkin, the trial court properly granted summary judgment on Hoover's legal malpractice claim. ·

B. DTPA

[7- 9) As with Hoover's negligence claim, the DTP A requires that a plaintiff prove that "but for" the attorney's breach of duty, the plaintiff would not have s~tained injury. See Tux. Bus. & CoM.'<'J0oi;: ANN. § 17.50(a) (Vernon· Supp.2005); see a.lso Alexander, 146 S.W.3d at 117 (stating that producing cause under DTPA requires proof of causation in fact); Doe 11.

Boys Clubs of GrB(J,ter Dalla.s, Inc., 907 S.W.2d 472, 481 (Tex.1995) (providing t}iat producing cause is substantial..(actor which brings about injury and without '.whlcb :uf.. jury would not have occurred). · Thus; a plaintiff must prove that a violation of the statute is a producing cause of the ·injury. Ale:l:ander, 146 S.W.Sd at 117. ''While different, both producing t?ause and proximate cause require proof of causation in fact." Id. A plaintiff may recover a11 damages, including attorney's fees, that are the result of the defendant's wrongful acts, but the burden remains on the plaintiff to demonstrate such causation. See Stan-

dard Fire Ins. Co. 11. Stephenson. 968 S.W 2d 81, 90 (Tex.App.Beaumont 1997, no pet.) ("[S]uch fees may be recoverable where the natural and proximate results and conaequences of prior wrongful act.a have been to involve a plaintiff in litigation with and against third parties and other parties."). Here, Hoover had the burden to present evidence that she incurred attorney's fees as a consequence of Larkin's wrongful conduct. She presents no evidence. to demonstrate that if not for Larkin's alleged misrepresentation of the terms of the settlement, she would not have incurred the fees she paid him, or that she would have recovered those fees as part of a successful DTP A claim against Larkin. Because Hoover failed lo provide evidence that Larkin's wrongful conduct caused her to incur, or fall to recover, the attorney's fees she paid him, summary judgment was proper as to her claim under section 17.60{a) of the DTPA.

[10] Hoover also contends that the trial court granted more relief than requested because Larkin's summary judgment

. motion failed to address her request for an order restoring attorney's fees under section 17.50(b)(3) of the DTPA. See TEX. Bus. & CoM.Coos ANN. § 17.50(bX3). Such an order, however, can only be granted in cases where a plaintiff prevalls under subsection (a). Id. Larkin's summary judgment motion claimed Hoover presented no evidimce that any violation of the DTP A by Larkin caused Hoover any damages, Proof of causation is required to recover under section 17.50(a) of the DTPA. See id. § 17.60(a); see alsoAlezander, 146 S.W.3d at 117 (stating that producing cause under DTP A requires proof of causation in fact). Thus, Larkin's no-evidence challenge to Hoover's DTP A claim generally suffices as a challenge to her request for an order restoring fees. Because Hoover failed to raise a fact issue concerning causation un-

. -

. ts

I • ·-, Ilf JtE T.S.L. Tex. 233

Cite u 196 S,W.Jd 233: {Ta.App.-Fot1 Worth 2006)

der section 17.60(a}, she is not entiUed• to an order restoring fees unde~ section 17.60(b).

C. Remaining Breat;h of Fiduciary Duty Claim

[11, 12) Hoover's attempt 4> recover attorney's fees under her breach of fiduciary duty claim is foreclosed by the Fourteenth Court's holding in her previous appeal. An attorney who commits a clear and serious breach of his fiduciary duty to his client may be required to forfeit some or all of his fees. See Burrow v. Arce, 997 S.W .2d 229, 241 (Tex.1999). Fee forfeitur~ is an equitable remedy whose primary purpose is not to compensate the i,njurecl client, but to protect the relationship of t.rust between attorney and client by dis-couraging attorney disloyalty. Miller 11.

was dispositive). Because we conclude that Hoover has failed to prove causation, the trial court properly granted summary judgment.

Conclusion

We hold the trial court properly granted summary judgment on each of Hoover's causes of action because Hoover failed to raise a fact issue concerning causation. Accordingly, we affirm the judgment of the trial courL

In the Interest of T.S.L., a Child.

No. 2--04-154-CV.

Court of Appeals of Texas, Fort Worth.

Kennedy & Minahew, Proflc Corp., -142, .. S.W.8d 825, 888 (Tex.App.-Forl W~rtl{ 2003, pet.. denied). Hoover does not ci~ to any cases classifying attorney's fees _liiiid to the malfeasant attorney aa actual damages under a breach of fiduciary duty claim separate from the equitable remedy of fee forfeiture. To the contrary, courts April 27, 2006.

distinguish between actual damages in- Rehearing Overruled June 1, 2006. curred as a result of the breach, and the equitable remedy of fee forfeiture. see Background: Twenty-four years after for. Burrow, 997 S.W .2d at 240 (holding claim- mer husband's filing of motion to modify ant need not prove actual damages to sue- divorce decree, and court's dismissal of the ceed in claim for fee forfeiture}. Because action, former wife filed motion to confirm our sister court already has held that sum- child support arrearages in anotber disrnary judgment was appropriate on ~~~- trict., The 233rd District Court, TaITant ver's fee forfeiture claim, Hoover is not County, William W. Harrie, J ., granted a entitled to equitable disgorgement of attor- new trial on it.a own mot.ion, overruled ney's fees for breach of a fiduciary duty. former wife's objections to any further acTo the extent she seeks attorney's fees as lion by 233rd District Court, denied foractual damages, Hoover's lack of causation mer wife's motion to transfer venue, and evidence defeats her. See Home Loan issued judgment granting former husband Corp. v. Tez Am. Title Co.,,·-19.1 S.W.8d judgment for overpaid child support and 7z.8, 785 n.22 (Tex.App.-Houston .ll\t-B: attorney fees. Former wife appealed.

Dist.] 2006, no peL h.) (stating' that :~J- · Holding: The Court of Appeals, Lee Ann cause plaintiff sought actual ·aamages, Dauphinot, J., held that trial court violated rather than fee forfeiture, lack of causat:io'n statute governing requests to Bureau of

H- EDWIN YOUNG, P ASTOR

July 13, 2017

SECOND B APTIST C HURCH

6400 WOODWAY

H OUSTON, TEXAS 77057

(713) 465-3408

The Honorable Greg Abbott Governor of Texas c/o Gaby Fuentes Appointments Director at Office of Texas Governor Greg Abbott Post Office Box 12428 Austin, Texas 787 I I


It is indeed my privilege to recommend to you Mr. Lee M. Larkin for your consideration for a position of either a Texas State District Judge or Texas State Court of Appeals Judge. He is a I 981 graduate of Baylor University School of Law. At Baylor University, Lee was on the Distinguished Dean 's Honor List and was Senior Class President.

Lee is a gifted man who, along with his family, has been a member of Second Baptist Church since grade school. His wife, Rebecca, taught school and was an administrator and counselor at Second Baptist School for 30 years. His mother, Jimmy, was on staff at Second Baptist Church as director of our Prayer Room ministry for over 20 years. His father, Joe, has served as a Second Baptist Deacon for over 30 years. Lee has one daughter, Erin, who spent I 2 years at Second Baptist School, graduating with honors and Jo Beth and I feel close to this family.

Without a doubt, Lee is a team player who understands the concepts of loyalty, integrity, sacrifice and honor. He is intelligent and exhibits innate qualities of leadership. Let me encourage you to take the opportunity to get to know Lee. I am certain you will discover firsthand why I believe he embodies the very essence of all you could ask of the men a women who serve in the judicial system of our great State of Texas.

RECEIVED

JUL 10 2017 HEN R Y J.N. T AUB

T EXAN B UILDING

OOG/CCOM

Honorable Greg Abbott Governor of Texas c/o Gaby Fuentes Appointments Director at Office of Texas Governor Greg Abbott 1100 San Jacinto Austin, Texas 78701


333 WEST L OOP N ORTH

S UITE 410

HOUSTON, TEXAS 770 2 4

July 6, 2017

Via Overnight Delivery

RECEIVED

JUL 11 2017 Appointments

E7·t2 ·/7 I am writing this unconditional letter of recommendation supporting my attorney and friend, Lee M. Larkin, for your consideration for a position as either a Texas state district judge or Texas state court of appeals judge.

I have known Lee for many, many years, both as my attorney and as a friend. In one case in which Lee and I worked very close for three years, I was given the opportunity to observe and experience Lee's character on a daily basis and the quality of his legal knowledge and acumen. What I have witnessed and experienced is that without question, Lee has the intellect, work ethic, and temperament to be either a Texas state district judge or Texas state court of appeals judge. I can safely say that my involvement with Lee and his legal career allows me to observe and know that Lee is more than adequately prepared for either position.

If you have any questions, please do not hesitate to contact me at my office at 713.688.3926.

Thank you.

All best wishes.

Sincerely, ~ ~ Henry J .N. Taub II

HJNTII I lj

~ bmc

June 26, 2017

Honorable Greg Abbott Governor of Texas c/o Gaby Fuentes

Appointments Director at Office of Texas Governor Gregg Abbott 1100 San Jacinto Austin, Texas 78701


Robert E. Beauchamp Chairman of the Board

I am writing to offer a personal reference for Lee Larkin in his quest to become a Texas Judge. Laura and I have been in Sunday School Class at Second Baptist Church together with lee and his wife, Becky, for many years and that has offered us the opportunity to observe, on a regular basis, the quality of lee's character and temperament. Additionally, Dr. Larkin (Becky, l ee's wife) taught school and was an administrator with Second Baptist School for 30 years and, as a College Guidance Counselor with SBS, worked with our boys.

As such, I would be pleased to recommend Lee M. Larkin for the position of either a

Texas state district judge or Texas state court of appeals judge. As a member of the Baylor Board of Regents, I can say that the Baylor undergrad and Baylor law school degrees have more than adequately prepared Lee for either position. Also with my personal involvement with lee, his wife, his legal career and, as importantly, his temperament, has convinced me and Laura that lee is more than adequately prepared for either position.

Sincerely,

Bob Beauchamp Chairman of the Board BMC Software, Inc.

BMC Sokware Inc.

2103 CityWest Boulevard, Houston, Texas no42, USA

Phone +1 713 918-4104 Facsimile +1 713 918-2345

DLJ DOBROWSKI LARKIN & JOHNSONLLP ATTORNEYS AT LAW

ANTHONY "TONY" WEINER

[email protected]

The Honorable Greg Abbott Governor of Texas c/ o Gaby Fuentes Appointments Director at Office of Texas Governor Gregg Abbott 1100 San Jacinto Austin, Texas 78701

June 20, 2017

Re: Recommending Mr. Lee M. Larkin for a Texas judicial appointment


I write to you at the request of Mr. Lee M. Larkin (Lee), who has submitted his name for consideration for a judicial appointment. I have known Lee for many years, first as a mentor, then as a partner and colleague, and ultimately as a dear friend.

It has been and continues to be both a privilege and an honor to call Lee my partner. Having worked closely with him on many extremely-complex litigation matters, I can say without hesitation that Lee is exceptionally well-equipped and well-qualified for the position he seeks. He has a ferocious intellect, an unparalleled work ethic, and a temperament that would rival Job-to say nothing of his exceptional legal abilities.

It is my privilege to recommend Lee for a Texas state-district or appellate judgeship. Speaking freely, my personal and professional relationship with Lee leaves me with no hesitation whatsoever in stating that he will do both you and Texas proud.

Please feel free to contact me by telephone or email if you have any questions

~~ Q weiner

4601 Washington Ave, Suite 300 I Houston, TX 77007 I MAIN: 713.659.2900 I FAX: 713.659.2908 DOBROWSKI.COM

U ~-~o·ll GOVERNOR GREG ABBOTT OFFICE OF THE GOVERNOR RECEIVED

APPOINTMENT APPLICATION JUN 1 9 2017


Full Legal Name Sylvia A. Matthews

Preferred Name Sylvia

Spouse's Nam1


City, State Zip

Mailing Address

City, State Zip


Work Telephone

Secondary E-Mail Address (IT app11cao1e)

Home Telephone


3. State Board(s), Commission(s), or Task Force(s) of Interest to You: The list of all enfflies to which the Governor makes appointments may be found at: http://www. gov. texas.govlappointments/positions

First Court of Appeals Fourteenth Court of Appeals

4 E I f . mp oyment n ormat1on Employer Employer's Address Present Job Title State of Texas Judge, 281st District Court

Profession Judge

Present Job Description Presides over the civil district court

Revised 02/15

I Name Matthews, Sylvia

5 Ed f IT .. uca1on rammg


High School Brookland-Cayce, South Carolina 1979

Undergraduate Toe College of Charleston, South Carolina 1983 Mathematics

Graduate University of South Carolina 1986 JD

Other

6 E . mp oymen t H" t IS Ory

Employer Position Dates Location State of Texas Judge, 281 st District Court 12/2008 Harris County Andrews Kurth, LLP Partner 2001-2008 Houston Mayor, Day, Caldwell & Keeton Partner, Counsel 1994-2001 Houston Balcer Botts, LLP Associate 1986-1994 Houston


Michael Connelly fomerly with Mayor Day Houston 713-968-9860 none Robert Jewell Andrew Kurth, LLP Houston 713-220-4358 none

- -- -- -

8. Professional Memberships (including anv state bar memberships) Oraanization Title/Position Current/Fonner

Houston Bar Association member Current Texas Assoc of Civil Trial and Appellate Specialists Vice-Pres. Secretarv. member Current Association of Women Attorneys Board of Directors, member Current State Bar of Texas member Current The Colle2e of the State Bar of Texas member Current

9 V I t . o un eer p rt" . f a 1c1pa 10n Oraanization Title/Position Current/Fonner

TexasBar CLE Planning Comm Member, Adv Civil Trial Current TexasBar CLE Plannin2 Comm Member 7th Annual Former

10 MT . 11tary s erv,ce Are vou or have you ever been a member of the Armed Forces of the United States: I lYes l'XlNo

Branch Dates of Service Type of Discharae

Revised 02/15 2




Facebook [81 Yes D No Username sylvia matthews

Twitter D Yes [81 No Handle @

In stag ram D Yes [81 No Username

Linkedln D Yes 1Z1 No Profile

Google+ D Yes [81 No Username

12. S ouse Information This Section Not A licable C\--··--'- C--•-~·--

Does your spouse conduct any business wit"1 nr nefo-- •L 1

Texas Legislature or any other state entity? ·es ~o __ __. _______________ __,

13. Miscellaneous Information Note: "Material interesr' is defined as (a) serving on the governing board of directors or (b) a ten (10) percent or greater ownership. This does not apply to any mutual funds in which you do not exercise authori in investment decisions.

Are you, your spouse, or any company in which you have a material interest currently delinauent in anv local, state or federal taxes? If ves, give details.

Have you ever defaulted on a personal, business or student loan? If ves, aive details. Type of Loan Date Details

Have you, your spouse, or any company in which you have a material interest or of which you have been an officer or principal been involved in any bankruptcy proceeding? If yes, aive details including dates.

Do you currently serve, or have you ever served, on any local, state or federal government board, commission or committee or in any elected or appointed office?

Entity Position Dates Compensated (YIN)

Revised 02/15

I 0Yes ~No

I I I Yes rx1 No

DYes ~ No

LJYes ~ No

Reimbursed (YIN)

3



Are Name of Official and Tftle

Yes Relat1onshi

Do you or your spouse have any material interest in, or are either of you employed by, any LJ Yes~ No company that does business with or receives funds from the State of Texas? If ves, give full name and details:




Have you or your spouse ever been registered as a lobbyist or received compensation to LJ Yes !XI No represent someone before a local, state, or federal oovernment? Self or Entity Represented Entity Lobbied Dates Spouse

Have you, your spouse, or any company in which you or your spouse have a material interest been nartv to litigation? If yes, give details.

1121 Yes D No

I was a par1 that concluded in August 2005. In 2015 was a party to a divorce. Also, he has been a defendant in two lawsuits regarding the practice oflaw.

In the last five years, have you, or any company in which you have a material interest, been licensed by a Texas state agency? If yes, give details.

Agency Type of License License#

Revised 02/15

LJ Yes !XI No

Expiration

Yes No D Not Applicable

4



To the best of your knowledge, has any federal, state or local law enforcement or regulatory 0Yes ~ No agency (on behalf of itself or any other person or entity) filed or investigated any grievance or complaint against you, your spouse, or an entity in which you have a material interest? If ves, aive details and disposition (investiaated, dismissed, reprimanded)


To the best of your knowledge, have you, your spouse, or any company in which you have a LJ Yes IZI No material interest been investigated, reprimanded, fined or suspended from doing business with any state or federal agency? If yes, give details and disposition (investigated, reorimanded, fined, suspended

Agency Date Detail~ ~nd Disposition --

Have you ever been convicted in a criminal proceeding (excluding traffic violations}, placed LJ Yes IZI No on probation, required to perform community service, or had a criminal proceeding disposed of by pre-trial diversion, deferred prosecution, deferred adjudication, or some similar proceeding?

If yes, list the charge, the date of the offense, the city and/or county and state in which it alleaedlv occurred, and the disposition thereof.

Revised 02/15 5

14. Certification

Full Legal Name Sylvia A. Matthews

-Date of Birth Driver License or DPS ID#

I

Are you a U.S. Citizen? ~ Yes LJ No I Place of Birth Columbia, SC


Ethnicity: (optional; check all that apply) ~ White LJ African American








I hereby certify that the foregoing and any attached statements are true, accurate and complete. l agree that any misstatement, misrepresentation, or omission of a fact may result in my disqualification for appointment I assign and hereby give the Office of the Governor full authority to conduct background investigations pertinent to this application. I specifically authorize the Texas Department of Public Safety to conduct a background investigation and to disclose the results of that investigation to the Governor or his authorized representative.

Submit to:

Appointments Staff Office of the Governor PO Box 12428 Austin, Texas 78711 .


jlue&bk.W2 Applicant's Signature

Date


Revised 02/15 6

July 22, 2017

Mark S. Snell Attorney-at-Law

3718 Chevy Chase Dr. Houston, Texas 77019

The Honorable Greg Abbott Governor of Texas FOR HAND DELIVERY TO GOV. ABBOTT c/o Ms. Gaby Fuentes Governor's Appointments Office 11 00 San Jacinto Austin, Texas 78701

RE: Judge Sylvia Matthews for Appointment to First Court of Appeals

~ Dear~

It has been far too long since we corresponded. In fact, I think the last time we talked is when you reached out to me when my wife, Laura, was in TIRR. I still remember your generous concern, and I can't tell you how much your call meant to me. You'll be happy to know that Laura's doing relatively well, volunteers at TIRR and, in fact, helped place a friend's son at TIRR about a month ago.

I'm writing to add my voice to, I'm sure, the countless others urging you to appoint Judge Sylvia Matthews, of the 281 51 Civil District Court, to the current vacancy on the First Court of Appeals. Sylvia has been a good friend and trusted confidante of mine since we were summer associates together at Baker Botts. Sylvia finished her distinguished academic career at South Carolina and became a trial associate at Baker Botts. She was a litigation partner at Mayor Day and then Andrews Kurth (when the two merged}, then was appointed to the 28151 by your predecessor, Governor Perry.

Sylvia's resume as a lawyer and jurist is too extensive even to summarize (I'm sure your staff has a copy if you want to see it). In addition to her own heavy caseload, she has been a visiting justice on the First Court of Appeals, she presides over a case pending in another county, and she is responsible for

several multi-district litigation cases. Reflecting the high esteem in which her colleagues hold her, she was elected the Administrative Judge for the Civil District Courts in Harris County (accepting the position, on the other hand, indicates that she is a masochist, as you and I know!). She also does very well on the HBA judicial poll.

Sylvia has held leadership and membership positions in dozens of professional and community organizations, from the Texas Association of Civil Trial and Appellate Specialists to Leadership Texas to the Houston Area Women's Center to the United Way. She is a talented and charismatic speaker, and recent audiences have included The Federalist Society, The General Counsel Forum, numerous TexasBar CLE courses and many, many new judge orientation classes.

Last, and most important to me, Greg, are Sylvia's personality and intellectual traits. She is a conservative jurist in the truest sense. She is intelligent (she majored in mathematics in college!), contemplative, understated, intellectually curious, compassionate, and thinks carefully through every aspect of an issue. Her opinions are well-written, well-reasoned, and do not seek to make new law. In short, I think you would be proud to appoint her and very proud of her legacy on the bench.

Please don't hesitate to contact me at 281-682-3047 or if you'd like to discuss Sylvia further.

On a personal note, I hope that Cecilia, Audrey and you are doing well, and that Cecilia's collection of pets hasn't grown too large.

By the way, I tried to contact you last Fall to ask you to intervene on my behalf with KY Governor Bevin, but the wall around you proved impenetrable!

All my best,

Mark S. Snell

From:EPP 713 381 4366 09 / 19 /20 17 09:40 #076 P .002/002

GOVERNOR GREG ABBOTT

STATE APPOINTMENT DJSCLOSURE FORM

RECEIVED

SEP 19 2017 Appointments

[Note: This form should be completed and signed by the appointee no later than the 14th day after the date the public official is appointed orconfirmed by the Senate, if nominated during a legb~ 11£#A ~~ (P~~t ) lqo#\ \0i~ w-(Board A~nt)

The Public Information Act allows employees, public officials and former employees and officials to elect whether to keep certain information about them confidential. Unless you choose to keep it confidential , the following information about you may be subject to public release if requested under the Texas Public Information Act. Therefore, please indicate whether you wish to allow public release of the following information.

Home Address

Home Telephone Number

Social Security Number

Public Access?

No[/ves[ 1

No(~ Yes [ J

No[~ Yes [ ]

No[<ves[] Information that reveals whether you have family members

Please return SIGNED form to: Governor's Appointments Office P.O. Box 12428 Austin, Texas 78711 Fax: {512} 475-2576 Email: [email protected]

9!i11~17 (Date)

I'OST OFFICE Box 12428 AUST(l'\, T EXAS 78711512-463-2000 {VOICE) DIAL 7-1-1 FOR R ELAY SERVlCTS

GOVERNOR GREG ABBOTT OFFICE OF THE GOVERNOR APPOINTMENT APPLICATION

RECEIVED

JUN 1 6 2017 Appointments

1. Personal Information 2. Photograph

Full Legal Name Debra Ibarra Mayfield

Preferred Name Debra

Spouse's NamE


City, State Zip


City, State Zip

County Harris

Work Telephone 7 13-381-3745

Home Teleohone

Pn'!f P.rrP.rl F-m::iil ArlrlrP.ss

Secondarv E-Mail Address (if aoolicable)

State Senator Joan Huffman

State Representative Sarah Davis

3. State Board(s), Commission(s), or Task Force(s) of Interest to You: The list of all entities to which the Governor makes appointments may be found at: http:// www. gov. texas. gov/appointments/positions

First Court of Appeals, Place 9

4. Employment Information

Employer Employer's Address Enterprise Products Partners, LP 1100 Louisiana

Revised 02/15

Houston, Texas 77002

_I Profession Attorney

Present Job Description As senior legal in-house counsel for one of the largest publicly traded partnerships and a leading provider of midstream energy services, I oversee land acquisition and eminent domain matters related to Enterprise's assets and commercial activities.

§ me Debra Ibarra Mayfield

5. Education/Training

Type of School Name and Location of School

High School MacArthur High School

Undergraduate Texas A&M University

Graduate South Texas College of Law

Other University of Durham, Durham, England

6. Employment History Employer Position

Fourteenth Court of Appeals of Texas Briefing Attorney

Rymer, Moore, P.C. Attorney/Shareholder

Harris County County Court at Law Judge

State of Texas District Judge

Enterprise Products Partners, LP Senior Counsel

7. References

Justice Eva Guzman State of Texas Austin

Elizabeth Graham Texas Right to Life Houston

Commissioner George State of Texas Austin P. Bush

Frank Harmon Crain Caton James Houston

Justice David Medina Chamberlain Houston

Year Degree and Graduated Field of Study

1992 Honors graduate

1996 B.A., Psychology

1999 J.D.

n/a law school summer study abroad

Dates Location

1999-2000 Houston, Texas




2017 -present Houston, Texas

713-927-7324 Friend

713-952-2041 Friend

512-463-5001 Friend

713-752-8608 Friend

713-256-3969 Colleague

8. Professional Memberships (including any state bar memberships)

Organization Title/Position Current/ Former

Revised 02/15 2

12. Spouse Information This Section Not Applicable I ~nn11~A·~ FmnlnvP.r Tinh Titli:>/Pn~itinn

-l nnA~ vn11r ~nn11~A r.nnrt11r.t ~nv h11~inA~~ with nr ~ - olease list agencies:

13. Miscellaneous Information Note: uMaterial interesr is defined as (a) seNing on the governing board of directors or (b) a ten (1 OJ percent or greater ownership. This does not apply to any mutual funds in which you do not exercise authority in investment decisions.

Have you filed federal income tax returns for the past five (5) years? If no, Yes give details.

Are you, your spouse, or any company in which you have a material interest No currently delinquent in any local, state or federal taxes? If yes, give details.

'

Have you ever defaulted on a personal, business or student loan? If yes, No give details.

Type of Loan Date Details

Have you, your spouse, or any company in which you have a material No interest or of which you have been an officer or principal been involved in any bankruptcy proceeding? If yes, give details including dates.

Do you currently serve, or have you ever served, on any local, state or Yes federal government board, commission or committee or in any elected or appointed office?

Compensated Reimburse Entity Position Dates d (Y/N) (Y/N)

Harris County County Court at 2011-201 5 Yes No

Law Judge

State of Texas District Judge Yes No 2015-2016

Revised 02/15 4

I Name Debra Ibarra Mayfield

13. Miscellaneous Information (Continued) -Are you or your spouse related to a local, state, or federal public official?

Name of Official and Title I Relationship

Do you or your spouse have any material interest in, or are either of you No employed by, any company that does business with or receives funds from the State of Texas? If yes, give full name and details:


Are you or your spouse an officer, director, employee Self or paid consultant of a trade association?

No If yes, please list association and position:

Spouse

No

Have you or your spouse ever been registered as a lobbyist or received compensation to No represent someone before a local, state, or federal government?

Self or Entity Represented Entity Lobbied Dates Spouse

Have you, your spouse, or any company in which you or your spouse have Yes a material interest been party to litigation? If yes, give details.

Norks for a commercial real estate development firm, which was sued in a premises liability case after a child was injured when a table at a cupcake shop, which the firm built out and developed, fell on the child. had managed some of the tenant finish work during the build out and development ot the cupcake shop. He was joined as a defendant personally, and he was quickly dismissed on summary judgment.

Revised 02/15 5

In the last five years, have you, or any company in which you have a No material interest, been licensed by a Texas state agency? If yes, give details.

Agency Type of License License# Expiration

Have you ever been delinquent in child support payments? If yes, give details. No

I Name Debra Ibarra Mayfied


To the best of your knowledge, has any federal, state or local law No enforcement or regulatory agency (on behalf of itself or any other person or entity) filed or investigated any grievance or complaint against you, your spouse, or an entity in which you have a material interest? If yes, give details and disposition (investigated, dismissed, reprimanded)


To the best of your knowledge, have you, your spouse, or any company in No which you have a material interest been investigated, reprimanded, fined or suspended from doing business with any state or federal agency? If yes, give details and disposition (investigated, reprimanded, fined, suspended)


Have you ever been convicted in a criminal proceeding (excluding traffic No violations) , placed on probation, required to perform community service, or had a criminal proceeding disposed of by pre-trial diversion, deferred prosecution, deferred adjudication, or some similar proceeding?


Revised 02/JS 6

Mexican-American Bar Association of Past-President/current board member Current Houston

Hispanic Bar Association of Houston Past Vice-President/current advisory Current board

Hispanic lssues Section, State Bar of Council Current Texas

Texas Bar Foundation Fellow Current

Houston Realty Business Coalition Trustee Current

Association of Women Attorneys Board Member Current

9. Volunteer Participation nrn"lni., ... ;.,.,.n - ·. ·-... itinn r.11rri:-nt/

Association for the Advancement of Board Member Current Mexican Americans (AAMA)

Christian Legal Society Leadership Team/Mentor Current

Texas Executive Women Board Member Current

Houston Achievement Place Advisory Board Member Current

Holocaust Museum, Latino Initiatives Advisory Committee Current

Institute of Hispanic Culture, Inc. Board Member Former

10. Military Service

Are you or have you ever been a member of the Armed Forces of the United States: No


I Name Debra Ibarra Mayfield

11 . Social Media Information


Facebook Yes Usemame www.facebook.com/clebraimayfield

Twitter Yes Handle @ DebralMayfield

lnstagram Yes Usemame debraimayfield

Linkedln Yes Profile www.linkedin.com/in/debraimayfield/en

Google+ No Usemame

Revised 02/15 3

Revised 02/15 7

14. Certification

-Full Legal Name Debra Ibarra Mayfield

Date of Birth Driver License or DPS ID#

I

Are you a U.S. Citizen? Yes Place of Birth Houston, Texas No


Ethnicity: (optional; check all that apply) ss

Hispanic








June 16, 2017

Revised 02/15 8

July 31, 2017

Ms. Gaby Fuentes Office of the Governor Appointments P .0. Box 12428 Austin, TX 78711

Dear Ms. Fuentes:

I am writing today to give my highest recommendation to former Judge Debra Ibarra Mayfield to fill the vacancy of Justice, First Court of Appeals.

Back at home in Harris Countv. I have witnessed Debra in everv caoacitv of her oolitical life. and even some in her personal life with her

I have personally witnessed Debra in her courtroom throughout many cases. Her temperament at the bench is excellent. The respect she has for the attorneys is palpable and reflected in their respect for her while she is presiding. It is clearly why she has ranked at the top of her peer class in the bar polls from the Houston Bar Association. Debra' s professionalism is impeccable.

Outside of her courtroom, on the campaign trail, I have seen Debra stay true to her professional behavior and be a favorite figure in the political realm. Her long list of accolades and endorsements from across the political spectrum display her appeal. Debra brings a broad and diverse support base to her campaigns. It is revealed each time she stands for election, particularly in the general elections of 2016, where she received the most Republican votes of any judicial candidate, and in 2014, where the Democrats didn't even run a candidate against her.

What I can tell you for certain about Debra is that her convictions on the bench and on the campaign trail are the same. This is exemplified in her judicial philosophy as a Judge.

I have full faith and confidence in Debra' s ability to serve honorably and with integrity as Justice of the First Court of Appeals. Her experience and qualifications-professionally and politically-speak for themselves. Debra Ibarra Mayfield is truly a candidate and an elected official who continues to shine in each position in which she serves.

Please share with Governor Abbott my full endorsement for Judge Debra Ibarra Mayfield to serve as Justice Debra Ibarra Mayfield, First Court of Appeals, Place 9.

Sincerely,

~.JuO-?~L-Valoree Swanson Texas State Representative, District 150

August I, 2017

Via E-mail: [email protected] Ms. Gaby Fuentes Appointments Director Office of the Governor P.O. Box 12428 Austin, Texas 78714

Dear Ms. Fuentes:

WANDA MCKEE FOWLER [email protected] Retired Justice of the 14th Court of Appeals 1995 - 2008 Direct (713) 490-4025

I understand my good friend Qebra Ibarra Mayfield is interviewing for a position on the First Court of Appeals to replace the vacancy left by Rebecca Huddle's resignation. I write in support of Debra Mayfield's consideration for that position.

Debra has the perfect background for the position. As you know, she was a well-respected trial judge for more than 5 years before this past election. That experience gives her the procedural grounding and knowledge of charges that are key for an appellate judge. In addition she is familiar with criminal law. She was my briefing attorney for a year when I was a justice on the Fourteenth Court of Appeals and during that time worked on numerous criminal appeals and drafted numerous opinions. That knowledge of criminal law should allow her to start on the ground running because she will be very fam iliar with the law in that area .

She also has a perfect temperament for the job. She is extremely hardworking and has conservative values that will result in law-oriented, narrow decisions that Governor Abbott would want to see issued from the Cou11 of Appeals.

I give her my unreserved support and am happy to answer any questions you may still have about Debra.

Sincerely,

jl~41_tq-~ Wanda Fowler

WMF:kcj

WRIGHT & CLOSE LLP ONE RIVERWAY, SUITE 2200, HOUSTON, TEXAS 77056 • TEL: 713.572.4321 • FAX: 713.572.4320

Honorable Greg W. Abbott, Esq. Office of Governor's Appointments PO Box 12428 Austin, Texas 78711 Attn: Gaby Fuentes


1 August 2017

Thank you for helping shepherd nominees to the state judiciary. Texas Right to Life appreciates your commitment to consider only those nominees who hold a very narrow, textual, and constructionist interpretation of the Constitution.

Judge Debra Ibarra Mayfield holds that view, and we respectfully request that you consider her application to be appointed to the vacancy on the First Court of Appeals. Due to your previous appointment, Judge Mayfield served well on the 165th Civil District Court bench from 2015 - 2017. Previously, the Harris County Commissioner's Court appointed Judge Mayfield to the Harris County Civil Court at Law Number One in 2011. Judge Mayfield has been a wonderful representation of the diverse population in Harris County. Her appointment to an appellate bench would only serve to strengthen that representation.

Of particular interest to Texas Right to Life and our membership that includes over 300,000 households across the state is the reputation earned by Judge Mayfield for correctly applying the law to situations involving pregnant minors seeking to circumvent the state's parental consent law. Judge Mayfield successfully advocated for statutory changes to close the loophole that allowed attorneys from the abortion industry to forum shop the courts. Judge Mayfield wanted to add additional safeguards in the court for minor girls who have been the victims of predators.

We are confident Judge Mayfield will be an appointment of which you would be proud.

Thank you for your consideration and support.

Sincerely,

·( '/t/1/,,,-1/, r {t ml,,1,11

Elizabeth Graham Director 713 299 4297 cell

State Headquarters 9800 Centre Parkway* Suite 200 * Houston, Texas 77036 * Tel: 713.782.LJFE * Fax: 7 13.952.204 1 * TexasRightToLife.com

el The Texas National Righr to Life affiliate

July 26, 2017

Ms. Gaby Fuentes Office of the Governor Appointments P.O. Box 12428 Austin, TX 78711

Dear Ms. Fuentes, We are writing to give our highest recommendation for former Judge Debra Ibarra Mayfield to be appointed as Justice for the First Court of Appeals.

We have known Debra for decades. We know her tenacity, her penchant for hard work and her resolve to do the right thing and get the job done.

Over the years, throughout many election cycles now, we have vetted Debra and seen her as a candidate for public office and as an officeholder. Debra is the same person as a candidate as she is an officeholder. She is straightforward, considerate, fair, professional, tough. We should be able to say this about all of our candidates who become officeholders, but we cannot. We have found Debra to be a woman of her word . That is important and relevant. She is who she says she is.

Debra is reliable when it comes to her judicial philosophy. She said as a candidate she does not believe in legislating from the bench and she has proven as a judge that she is not a judge who legislates from the bench, but one who uses the laws on the books as written.

We are proud of Debra. She is someone we can trust. That attribute is one that has only become more and more poignant as the election cycles she successfully survived first as a County Civil Court at Law Judge and then as a State District Judge handling civil matters - three elections in five years - have come and gone.

Debra Ibarra Mayfield was the top Republican "vote-getter" in 2016, the worst cycle in recent Harris County Republican politics. Her success was not by accident. She received the most votes of any other Republican judicial candidate -looking solely at Harris County - because she appeals to many types of voter constituencies. She is a prolific fund raiser. With this type of support in Harris County, she could easily win election in a race with multiple regional counties, as in a Court of Appeals race.

Bottom line, we highly recommend and encourage the appointment of Debra Ibarra Mayfield as Justice, First Court of Appeals. We know she will do a phenomenal job. Please do not hesitate to speak with any of us individually.

Sincerely,

~)1,z},.J~ Chris McDonald State Republican Executive Committeeman, SD 6

( ." ; ,};;<,~

Dale Gibble State Republican Executive Committeewoman, SD 13

Mark Ramsey State Republican Executive Committeewoman, SD 7

Vergel Cruz State Republican Executive Committeman, SO 15

Sarah Singleton State Republican Executive Committeeman, SD7

Marvin Clede State Republican Executive Committeeman, SO 17

GOVERNOR GREG ABBOlJ; 04 OFFICE OF THE GOVERNOR C£21v120 APPOINTMENT APPLICATION JUL 14 ;

011 A.pPointrn

1. Personal Information ra h

Full Legal Name Leif Alexander Olson

Preferred Name

Spouse's Name Johanna Elizabeth Olson

Physical Home Address 14507 Red Creek Court

City, State Zip Humble, Texas 77396


City, State Zip

County Harris


Home Telephone

Cellular 281-682-2024

Preferred E-mail Address State Senator S. Garcia

~Pr.nnrl;:lrv 1=- M;:lil ArlrlrP~~ (if applicable) State Representative H . Dutton

3. State Board(s), Commission(s), or Task Force(s) of Interest to You: The list of all entities to which the Gevemor makes appointments may be found at: http://www. gov. texas. gov/appointments/positions

First or Fourteenth Court of Appeals Harris County District Court

Te.xas Indigent Defense Commission Texas Medical Board and Review Committee

Board of Dental Examinexs Funeral Service Commission

State Board of Educator Certification Credit Union Commission

State Securities Board Appraiser Licensing and Certification Board

4 E t I f f mp oymen n orma 10n Employer Employer's Address Present Job Title Cokinos I Young 1221 Lamar, 16th Floor Senior Counsd

Houston, Texas 77010 Profession lawyer

Present Job Description Appellate and commercial litigation.

Revised 01/15

ents

I Name Leif Alexander Olson

5 Ed . fT ucat,on ra1mnQ


High School La Center High School, La Center, Washington 1994

Undergraduate Trinity University, San Antonio, Texas 1998 B.A., Economics

Graduate University of Chicago School of Law, Chicago, Illinois 2001 J.D.

Other

6 E . t H" t mp oymen IS ory Employer Position Dates Location

Cokinos I Young Senior Counsel 2017-present Houston, Texas

The Olson Finn PLLC Managing Member 2013-2017 Houston, T e..'Cas

Welsh LeBlanc LLP Of Counsel 2007-2013 Houston, Texas

Hogan & H artson LLP Attorney 2007 Houston, Te..'Cas

Dobrowski LLP Associate 2006 Houston, Te..-xas

Fulbright & Jaworski LLP Associate 2003-2005 Houston, Te..'Cas

U.S. D istrict Court, S.D. Tex. Law Clerk, Judge Lyon N. Hughes 2001-2003 Houston, Te..'las


Hon. Jeffrey V. Brown Supreme Court of Texas Austin, Texas 512-463-1312 colleague

Jonathan F. Mitchell Hoover Institution Stanford, California 703-314-9276 colleague

James C. Ho Gibson Dunn Dallas, Texas 214-698-3264 colleague

Hon. Michael Massengale First Court of Appeals Houston, T exas 713-655-2700 colleague

Hon. Bill Boyce First Court of Appeals Houston, Texas 713-250-5900 colleague

8. Professional Memberships (including any state bar memberships) Organization Title/Position Current/Former

Texas Young Lawyers Association Director former Houston Young Lawyers Association President former Federalist Society Director, Houston Lawyers Chapter current Houston Young Lawyers Foundation Trustee/Life Fellow former/ current Houston Bar Association Director/ member former/ current Ancient and Honourable Edmund Burke Society Sometime Chairman current

9 V I t o un eer p rt' . t' a ICIDa' IOn

Organization Title/Position Current/Former Trinitv Lutheran Church Capital Camoai£n Committee chair former Sam Houston Area Bov Scout Council Merit badge counselor; den leader current Liberty Institute on-call pro-bono attorney cw:rent Lutheran Church-Missouri Synod, Texas District Constitution Committee member current

10. Milita Service Are ou or have ou ever been a member of the Armed Forces of the United States: Yes No

Branch Dates of Service T e of Dischar e

Revised O 1/15 2




Facebook ~Yes D No Username leifolson

Twitter ~Yes D No Handle @olsonleif

lnstagram 0Yes [81 No Username

Linkedln ~Yes D No Profile leifolson

Google+ ~Yes D No Username Leif O lson

12. Spouse Information D This Section Not Applicable Spouse's Employer Spring Independent School District

Job Title/Position Lead Speech Pathologist

Does your spouse conduct any business with or before the Texas Legislature or any other state entity? D Yes [81 No

If yes, please list agencies:

13. Miscellaneous Information Note: "Material interesf' is defined as (a) serving on the governing board of directors or (b) a ten (10) percent or greater ownership. This does not apply to any mutual funds in which you do not exercise authori in investment decisions.

Are you, your spouse, or any company in which you have a material interest currently delin uent in an local, state or federal taxes? If es, ive details.

Have you ever defaulted on a personal, business or student loan? If yes, give details. Type of Loan Date Details

Have you, your spouse, or any company in which you have a material interest or of which you have been an officer or principal been involved in any bankruptcy proceeding? If yes, give details includina dates.

Do you currently serve, or have you ever served, on any local, state or federal government board commission or committee or in anv elected or aooointed office?

Entity Position Dates Compensated (YIN)

Texas Young Lawyers Association Director 2010-2014 N

Revised 01/15

No

11 I Yes IXI No

UYes ~ No

~Yes U No

Reimbursed (YIN)

y

3



Are vou or vour spouse related to a local state or federal public official? I I I Yes 1X1 No Name of Official and Title Relationship

Do you or your spouse have any material interest in, or are either of you employed by, any ~Yes LJ No company that does business with or receives funds from the State of Texas? If yes, give full name and details:

Name of Company Details Spring I.S.D. Johanna is the lead speech pathologist for this school district.



Have you or your spouse ever been registered as a lobbyist or received compensation to LJ Yes ~ No represent someone before a local, state, or federal government? Self or Entity Represented Entity Lobbied Dates Spouse

Have you, your spouse, or any company in which you or your spouse have a material Yes D No interest been a to liti ation? If es, ive details. I objected to a class-action settlement in In re Target Corp. Customer Data Security Breach Litigation. The Eight Circuit Court of Appeals vacated the district court's approval of the settlement and remanded for a new settlement hearing. 847 F.3d 608 (8th Cir. 2017)

My wife and I were plaintiffs in a suit against Nationstar Mortgage alleging that Nationstar had disregarded a mortgagemodification agreement we had with the former holder o f our mortgage. Nationstar settled. The terms are confidential.


Agency Type of License License# State Bar of Texas law license 24032801 Board of LC2al Specialization Certificate, Civil Appellate Law

Have ou ever been delin uent in child su

Revised 01/15

~Yes U No

Expiration

Yes No ~ Not Applicable

4


13. Miscellaneous lnfonnation (Continued)

To the best of your knowledge, has any federal, state or local law enforcement or regulatory UYes ~ No agency (on behalf of itself or any other person or entity) filed or investigated any grievance or complaint against you, your spouse, or an entity in which you have a material interest? If yes, give details and disposition (investioated, dismissed, reprimanded)


To the best of your knowledge, have you, your spouse, or any company in which you have a UYes ~ No material interest been investigated, reprimanded, fined or suspended from doing business with any state or federal agency? If yes, give details and disposition (investigated, reprimanded, fined, suspended


Have you ever been convicted in a criminal proceeding (excluding traffic violations), placed UYes ~ No on probation, required to perform community service, or had a criminal proceeding disposed of by pre-trial diversion, deferred prosecution, deferred adjudication, or some similar proceeding?


Revised 01 /15 5

14. Certification

Full Legal Name Leif Alexander Olson

Date of Birth Driver License or DPS ID#I

Are you a U.S. Citizen?~ Yes LJ No I Place of Birth Tacoma, Washington

Date of naturalization (if not a citizen upon birth) / /

Ethnicity: (optional; check all that apply) LJ White

D Hispanic D Asian American D Native American

LJ African American

D Other


a Personal Financial Statement (PFS) Fonn with the Texas Ethics Commission.



• Any information provided on the application or attached may be subject to the Texas Public lnfonnation Act. This means that an individual requesting copies of the Information in your file may be provided access to that information.


I hereby certify that the foregoing and any attached statements are true, accurate and complete. I agree that any misstatement, misrepresentation, or omission of a fact may result in my disqualification for appointment. I assign and hereby give the Office of the Governor full authority to conduct background investigations pertinent to this application. I specifically authorize the Texas Department of Public Safety to conduct a background investigation and to disclose the results of that Investigation to the Governor or his authori2se;~·

Submit to:

Appointments Staff Office of Governor PO Box 12428 Austin, Texas 78711


Applica

July 10, 2017

Date


Revised 01/15 6

C

N b·9·11 GOVERNOR GREG ABBQ~ 1v1:0 OFFICE OF THE GOVERNOR

0"' o !I 2o1.

APPOINTMENT APPLICATION A.pPo,f'Jtrnef'J 7

ts


Full Legal Name Michelle Meredith Slaughter

Preferred Name Mi r.hP-11 P-

Spouse's Name


City, State Zip

Mailing Addres!:

City, State Zip

County Galveston Work Telephone 409-76§-2688

HnmA T AIAnhnnA

Cellular Droforron ~ - m~il 6nnroc,c,

Secondary E-Mail Address (if applicable)

Sta e enator Hon. Larry Taylor State Representative Hon. Dr. Greg Bonnen


Court of Appeals - First Di strict

4 E . mp oymen t I f ti n orma on Employer Employer's Address Present Job Title

State of Texas 600 59t h Street Distri ct Judge Suite 4 204 Profession Galveston Texas 77551 Attorney/Judge

Present Job Description I presi de over felony criminal , c i v i l, and tax cases.

Revised 02/15

I Name Michelle M. Slaughter

5 Ed . uca1on ran ng f IT i I

C Type of School Name and Location of School Year Degree and Graduated Field of Study

High School Northbrook High School, Houston, TX 1993 Honors

Undergraduate University of Houston (Central) 1998 B.A., magna cum laude

Graduate University of Houston Law Center 2004 J.D, cum laude (top 151)

Other A.A. White Dispute Resolution Center, Houston, TX 2004 Mediation Certificatio

6 E . mp1oymen t H" t IS Ory

Employer Position Dates Location State of Texas Judge, 405th District Court io1:s-Present Galveston, TX The Slaughter Law Firm, PLLC Attorney/Managing Member 2010-2012 Houston, TX

Locke Lord, LLP Attorney 2005-2010 Houston, TX Haynes and Boone, LLP Attorney 2004-2005 Houston, TX


Judge Lonnie Cox State of Texas Galveston 281-380-0614 Colleague Robert Booth Mills Shirley, LLP Galveston 2 81.,. 4 S.1-7 6 3 0 Baa tried CUH

.. ... _. - ·-

David Harrell Locke Lord, LLP Houston +13- ~26-1138 Forme r superviso:

Tal Hammock Hammock Law Firm Houston 281-66-7-4128 Former law partner

Dr. Robin Armstrong Self/Physician Friendswood, TX 832--518-6634 Friend C 8. Professional Memberships (including any state bar memberships)

Oraanlzation Title/Position Current/Former State Bar of Texas Member Current Texas Bar College Member Current Galveston County Bar Association Secretary (two terms) Former Galveston County Bar Association Member Current Federalist Society Member Current

9 V I t o un eer P rf I ti a 1c1pa on Organization Title/Position Current/Former

Rotary Club of Galveston Director - Board of Directors Current The Galloway School Vice President, Board of Trustees Former Hispanic Republicans of Texas Pounder• Advisor - Galveston County Chapter Current League City Lion's Club Member/Volunteer ("11rrPn+ Clear Creek Community Church Volunteer Greeter Current

10 MTt . 11 ary s erv1ce Are you or have you ever been a member of the Armed Forces of the United States: I IYes IX!No


Revised 02/15 2

C

C

C

!Name Michelle M. Slaughter



Facebook !!I Yes D No Usemame Michelle Slaughter & Judge Michelle Slaughter (page)

Twitter rn Yes D No Handle @ JudgeSlaughter

lnstagram 0Yes [] No Username

Unkedln !!I Yes D No Profile Michelle Slaughter

Google+ 0Yes °' No Username

I ~nni 1~P.·~ FmnlnvP.r 12. Spouse Information This Section Not A licable

Does your spouse conduct any business with nr hefo-- £L -

Texas Legislature or any other state entity? es lo __ __._ _______________ _ 13. Miscellaneous Information Note: "Material interest" is defined as (a) serving on the governing board of directors or (b) a ten (10) percent or greater ownership. This does not apply to any mutual funds in which you do not exercise authorit in investment decisions.

Are you, your spouse, or any company in which you have a material interest currently delin uent in an local, state or federal taxes? If es, ive details.

Have you ever defaulted on a oersonal, business or student loan? If ves, aive details. Type of Loan Date Details

Have you, your spouse, or any company in which you have a material interest or of which you have been an officer or principal been involved in any bankruptcy proceeding? If yes, aive details includina dates.

Do you currently serve, or have you ever served, on any local, state or federal government board, commission or committee or in anv elected or aooointed office?

Entity Position Dates Compensated

(Y/N) State of Texas District Judge 2013-Present y

Galveston County Pretrial Release Board Chair 2016-Present N Galveston County Adult Probat1.on Board , - - Member 2013-Present N -- ·- -- ·- • ---

Revised 02/ IS

No

11 l Yes IXI No

LJYes ~ No

~Yes LJ No

Reimbursed (Y/N)

N N

3

C

C

C

I Name Michelle M. Slaughter


Are ouse related to a local state, or federal ublic official? Name of Official and Title

Yes ~11:1>1::.tlnnchln

No

Do you or your spouse have any material interest in, or are either of you employed by, any company that does business with or receives funds from the State of Texas? If es, ive full name and details:

Yes No

Diosa Procurement' LLC I am a part-owner of Diosa, which is State of Texas BUB Certified, and is a lso

from the State, but in some cases our clients might.

Are you or your spouse an officer, director, employee or paid consultant of a trade association? D Yes Di No

If yes, please list association and position:

Self

Spouse

Have you or your spouse ever been registered as a lobbyist or received compensation to represent someone before a local, state, or federal Qovernment? Self or Entity Represented Entity Lobbied Spouse

LJ Yes ug No

Dates

No Have you, your spouse, or any company in which you or your spouse have a material interest been artY to litigation? If yes, ive details. ~~-- ------------------ ~- -----Other than a I was a party in Cause No. 15-0001, Before the Special Cour t of Review, where I challeged a reprimand issued by t he Collll\ission on Judicial Conduct. The Special Court of Review reversed t he Commission and dismissed the co laint on Se tember 30, 2015.


Agency Type of License License# State Bar of Texas I Law License I 24 046863 Texas Department of Public Safety

Have ou ever been delin uent in child su

Revised 02/15

~Yes D No

Expiration .Tnl V ?01 7

Yes No [xi Not Applicable

4

( I Name Michelle M. Slaughter


To the best of your knowledge, has any federal, state or local law enforcement or regulatory X Yes No

C

agency (on behalf of itself or any other person or entity) filed or investigated any grievance or complaint against you, your spouse, or an entity in which you have a material interest? If

ive details and dis osition investi ated, dismissed, re rimanded

To the best of your knowledge, have you, your spouse, or any company in which you have a material interest been investigated, reprimanded, fined or suspended from doing business with any state or federal agency? If yes, give details and disposition (investigated, reprimanded, fined,suspended

Aaency Date Details and Disposition Same as above

Have you ever been convicted in a criminal proceeding (excluding traffic violations), placed on probation, required to perform community service, or had a criminal proceeding disposed of by pre-trial diversion, deferred prosecution, deferred adjudication, or some similar proceeding?


Revised 02/1 S

[jg Yes LJ No

0Yes ~No

s

14. Certification

Full Legal Name Michel le Meredit h Sl aughter

( Date of Birth l Driver License or DPS ID#

C

Are you a U.S. Citizen? l.!I Yes LJ No I Place of Birth Fort worth, Texas


Ethnicity: (optional; check all that apply) Lx1 White

[xi Hispanic D Asian American D Native American

LJ African American

D Other








/??~ ~ #-..... Applicant's Signature

Submit to:



Date 1


Revised 02/15 6

June 30, 2017

The Honorable Greg Abbott Governor of Texas Attention: Gaby Fuentes Appointments Division 1100 San Jacinto Austin, Texas 78711

RYAN SITTON TEXAS RAILROAD COMMISSIONER

RE: Judge Michelle Slaughter's Possible Appointment to the First Court of Appeals


I am writing to request that you give Judge Michelle Slaughter strong consideration for appointment to the First Court of Appeals. You know better than anyone, having served as Texas Attorney General for several years, how important it is to have competent, qualified and conservative judges on the bench. Judge Slaughter is all of those things and more.

It has been my high honor to know and support Judge Slaughter's efforts in the county where Jennifer and I are raising our family. In Galveston County, everyone knows Judge Slaughter and appreciates the excellent job she has done in making the 405th District Court more efficient and accountable. I consider Judge Slaughter a personal friend, but I would not recommend her to you for this appointment if I was not confident that she would make an exemplary appellate judge who will protect our Texas values on the court.

Judge Slaughter is a Hispanic female that enjoys broad support from people of all walks of life. I appreciate your consideration of my strongest possible recommendation of her for appointment to the First Court of Appeals. If I can answer any questions for you related to this correspondence, please do not hesitate to contact my office at 512-463-7144.

Sincerely,

~-'-= Ryan Sitton Railroad Conunissioner State of Texas

1701 NORTH CONGRESS AVENUE * AUSTIN, TEXAS 78701-2967 * PHONE: 512/463-7144 * FAX: 51 2/463-7161 HITP://WWW.RRC.TEXAS.GOV

Robert E. Booth Partner Direct 409.761.4001 [email protected]

June 27, 2017

Appointment Staff

Office of the Governor

POBoxl2428

Austin, TX 78711

ESTABLISHED 1846

Re: Judge Michelle Slaughter; Letter of Recommendation

400 Washington Building 2228 Mechanic Street

P.O. Box 1943 (77553) Galveston, Texas 77550

Telephone: 409. 7 63. 2341 Facsimile:409. 7 63.2879

www.millsshirley.com

I write to support Judge Michelle Slaughter's application for appointment to the First Court of

Appeals. Judge Slaughter is exceptionally qualified and has unique experience well-matched to be

an appellate court justice.

As past-president of the Galveston County Bar Association and as an active defense-oriented civil

trial lawyer, I know Judge Slaughter exhibits a perfect judicial temperament and is fair to all sides.

Furthermore, given her jurisdiction,Judge Slaughter has a expertise in criminal and civil matters

making her very versatile in handing a wide range of cases.

For hearings,Judge Slaughter very prepared and is well-versed on the issues. Her approach

makes practicing in her Court a joy because she actively participates in oral argument by asking

tough questions to the lawyers. She demands excellence in the Court room, which raises our

profession. Furthermore, she makes timely rulings and efficiently moves cases to resolution.

Judge Slaughter is tireless in her voluntarism and commitment to the community. She takes

personal interest in her constituents and the parties and lawyers appearing before her.

Lastly,Judge Slaughter benefits from her cultural diversity and experience of sitting in Galveston

County. She would be a remarkable asset on the First Court of Appeals.

GALVESTON • HOUSTON

Erin L. Johnson Court Manager [email protected]

LEANN KAY RAFFERTY Judge of che 123RD Judicial District

Panola County 108 S. Sycamore St., Ste. 300

Carthage, TX 75633

June 15, 201 7

The Honorable Governor Greg Abbott Office of the Governor Attention: Ms. Gaby Fuentes P.O. Box 12428 Austin, Texas 78711-2428

The Honorable Governor Greg Abbott:

Terri L. Hudson Official Court Reporter

[email protected]

It is with great pride and enthusiasm that I write this letter of recommendation on behalf of Judge Michelle Slaughter in support of her application for Justice, Court of Appeals, First District of Texas. I cannot imagine a more qualified and hard-working woman to serve on the appellate bench. I am honored to call Judge Slaughter not only a personal friend, but a judicial mentor.

I first met Michelle over ten years' ago while attending the University of Houston Law School. In law school, Michelle excelled academically and served her community in both leadership and philanthropic roles. Moreover, Michelle always maintains a warm smile on her face and is both well liked and admired among her peers.

Upon graduation, Michelle worked for a prestigious, international law firm, gaining significant litigation experience throughout state and federal courts. After several vears, she returned to her Galveston County roots with After opening and managing her own successful law practice, Michelle soon reahzect that she could best use her legal skills to serve Galveston County on the trial court bench. After a hard-fought campaign, Michelle became the first Hispanic woman to serve as a district judge in Galveston County. In 2016, she easily was re-elected earning over 73% of the vote in a three-person primary- the highest percentage win in a Galveston County contested primary. She had no general election opponent.

Judge Slaughter' s background and vast legal experience will serve her well on the appellate court. Her work ethic, however, truly sets her apart from others. Michelle is an incredibly hard worker. Most mornings Michelle wakes before 5:00 a.m. After runnin2 with her neighbor, she gets dressed, cooks breakfast, then arrives · at the courthouse shortly after lS:uu a.m. un a norma1 scnoo1 aay, M1cne11e returns home, prepares dinner,

Telephone: 903-693-0315 Facsimile: 903-693-3046

Other days, she is out serving her community and serving as an ambassador for the Republican party. The dedication and time management she possess are the envy of any successful, working

I began my legal career by working as a briefing attorney on the First Court of Appeals for the Honorable Jane Bland. I worked with nine incredible justices analyzing and determining both civil and criminal legal issues. I observed firsthand what it takes to serve on the appellate court. The justices that I worked with, several of whom remain on the Court today, were professional, respectful, and hard-working. Traditionally, each justice has either civil or criminal experience; here, however, Judge Slaughter possesses both criminal and civil judicial experience. That experience, along with her work ethic and pleasant personality, will serve her well in her transition from the trial court to the appellate bench.

Not only has Michelle excelled as a lawyer, and jurist. she unselfishly has taken time from her busy schedule to mentor me on the campaign trail and now as a new district judge. Michelle is never too busy to assist her peers and friends. I am confident Judge Slaughter's skills will allow her to excel as an appellate justice, just as she has excelled serving the fine citizens of Galveston County. I therefore strongly urge you to give her application the utmost consideration and unequivocally recommend her as a justice on the First Court of Appeals.

Please do not hesitate to contact me directly should you need any additional information.

Sincerely,

JI<~~ LeAnn Kay Rafferty Judge, 123rd District Court [email protected] 318.218.2156- direct dial

0 DAVID MAYES M IDDLETON II

Honorable Greg,- Abbott Governor of Texas 1100 San Jacinto Austin, Texas 78701


June 1, 2017

I am writing this letter of support for Judge Michelle Slaughter to be appointed to the 1st Court of Appeals. Michelle has been an outstanding Judge in the 405th District Court in Galveston County, but more importantly she is a principled, Constitutionalist conservative.

As a Board of Directors member of Texas Public Policy Foundation, Empower Texans Foundation and an Executive Committee member of Texas Business Leadership Council, I have encountered all types of Judges and politicians. Unquestionably, it is extremely rare to find anyone as principled as Michelle and the 1st Court of Appeals would be fortunate to have her. There is no doubt that Michelle will always be faithful to the conservative Constitutionalist principles that Governor Abbott has battled for his entire career.

I cannot recommend Judge Slaughter strongly enough to be appointed, Texas is a better place with her in office, and that office should be the 1st Court of Appeals.

Very truly yours,

o--~ Mayes Middleton

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Governor Greg Abbott

Attention: Ms. Gaby Fuentes Office of the Governor, Appointments Division

1100 San Jacinto

Austin, Texas

June 1, 2017

Re: SRECs, SD 11 's Recommendation for the Appointment of Judge Michelle Slaughter

to the First Court of Appeals


This letter is to show our full and enthusiastic support for Judge Michelle Slaughter to be the

next Justice of the First Court of Appeals. As dedicated State Republican Executive Committee

Members, we, like you, want the absolute best, most conservative, and most qualified judges,

especially in the higher courts. You cannot find a better person to fill that role than Judge

Michelle Slaughter.

We have known Judge Slaughter for over six years (well-before she took the bench) and both

regard her as the best judge in Galveston County. Not only does she have exceptional credentials, but she has unparalleled work ethic. Judge Slaughter took the worst, most back-logged

court in Galveston, and turned it into the most efficient and effective court in Galveston. She has proven herself time-and-time again and she is highly respected and admired by everyone who encounters her.

In addition to having everything you could possibly want in a judge, Judge Slaughter is what we

need as an example in the Republican Party of Texas. She is a conservative, Hispanic woman

who is incredibly smart, personable, charismatic, hard-working and accomplished. She is a role

model here in Galveston and we need her in a more visible position so that she can be a role

model for all of Texas. Therefore, we respectfully request you appoint Judge Michelle Slaughter

to the First Court of Appeals.

Sincerely,

C

Tanya Robertson

State Republican Executive Committeewoman

Senate District 11

JT Edwards

State Republican Executive Committeeman

Senate District 11

C.

May 31,2017

Office of the Governor A TIN: Appointments Staff P.O. Box 12428 Austin, Texas 78711

Governor Abbott:

HISPANIC REPUBLICANS OF TEXAS

It is with great pleasure that I endorse Judge Michelle Slaughter's appointment to the First Court of Appeals. The board of the Hispanic Republicans of Texas has found that Judge Slaughter is not only a friend to our efforts and other conservative causes, but she is also an experienced jurist who is more than qualified for this position.

Judge Slaughter has served on the 405th District Court for more than four years now, and H.R T. is proud to have supported her in the last two elections. It has always been an easy decision for us to support her because of her work ethic and experience - Judge Slaughter previously worked at two of Houston's top law firms, Haynes and Boone and Locke Lord, LLP. The great support she has received from Republican leaders and voters in Galveston County is reflective of her commitment to serving her community and upholding the rule of law.

The Hispanic Republicans of Texas was founded with the goal of electing more conservative Hispanics to office, and Judge Michelle Slaughter is exactly the type of qualified candidate that we were founded to support. We have no reservations in recommending Judge Slaughter for the First Court of Appeals and appreciate your consideration.

Sincerely,

Dan Martinez HRT Board Member

P.O. Box 28881 * Austin, Texas 78755 *

George Antuna HRT Co-Founder

512.257 .8559 * www.HlspanicRepublkansofTX.org

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Dr. Robin Armstrong Republican National Committeeman from Texas

Governor Greg Abbott Attention: Ms. Gaby Fuentes

(832) 578-6634

Office of the Governor, Appointments Division 1100 San Jacinto Austin, Texas 78701

June 1, 2017

Re: Republican National Committeeman's Support/or Judge Michelle Slaughter's Appointment to the First Court of Appeals


As conservative Republicans who have dedicated ourselves to the Republican Party platform and have taken the oath to preserve, protect and defend the U.S. and Texas Constitutions, we know how critical it is to have smart, strong, conservative judges on the bench at every level. It is especially important to have such judges in the higher courts, where precedent is made. One of these judges that we need in a higher court is Judge Michelle Slaughter of the 405th District Court of Galveston County.

I have had the pleasure of getting to know Judge Slaughter over the past six years. On a personal level, I know her to be hard-working, dedicated, and a true conservative. Not only does Judge Slaughter commit herself to public service on the bench, but she is active in the community as well. She donates thousands of dollars to charities each year and volunteers countless hours serving as a greeter at her church; feeding the elderly at the Lion's Club senior breakfasts and the Galveston County Senior Share events; volunteering for pro-life events; and serving on legal, civic, and educational boards, just to name a few.

On a professional level, while I am physician, I have many friends in the legal community. They report to me that Judge Slaughter is an excellent and well-respected judge who has the right judicial temperament. Before Judge Slaughter was elected, the 405th District Court was highly inefficient, backlogged and had questionable policies. With Judge Slaughter on the bench, that

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court is now the most efficient district court in Galveston County with the lowest backlog. She has made us proud!

In addition to Judge Slaughter's excellent qualifications and proven track record, which alone should be all you need to appoint her, she would make an excellent ambassador for the Republican party because she is a conservative, Hispanic woman who is well-liked and respected by all. Judge Slaughter has twice been endorsed by the Hispanic Republicans of Texas and has been actively engaged in Hispanic outreach for the Republican party. The Hispanic population of Texas is growing and will soon be the predominant group of voters. These voters need to have conservative, Hispanic role models that can encourage them to realize that their values align with those of the Republican party. Judge Slaughter is one such role model.

Taking into consideration Judge Slaughter's credentials, qualifications, accomplishments, proven conservative values, and what is best for Texas, I trust that you will make the right decision and will appoint her to the First Court of Appeals.

Sincerely,

Robin Armstrong, M.D. Republican National Committeeman from Texas

GOVERNOR GREG ABBOl?Ic Oi.f OFFICE OF THE GOVERNOR ~,v~o APPOINTMENT APPLICATION JUL I 7 2011

ApPointrne nts

1. Personal Information h

Full Legal Name JOHN THOMAS WOOLDRIDGE

Preferred Name John

Spouse's Name


City, State Zip

Mailing Addres:

City, State Zip


Work Telephone HnmP TPIPnhnnP 713-816-3400 PreferrP.Ci F-m.::iil Arte State Senator

I Secondarv E-Mail Address , .... ..,.., .. ._. .. "'.,

------------------~~--------3. State Board(s), Commission(s), or Task Force(s) of Interest to You: The list of all entities to which the Governor makes appointments may be found at: http://www.gov.texas.gov!appointmentslpositions

1st Court Of Appeals, Houston, Texas

4 E . mpoymen t I J t' n orma 10n Employer Employer's Address Present Job Title Hon. John T. Wooldridge, LLC 1940 Fountain View Drive, #269 Visiting Judge, Mediator, Arbitrator

Houston, Texas 77057 Profession Law

Present Job Description Visiting Judge, Mediator, Arbitrator

Revised 02/15

I Name JOHN THOMAS WOOLDRIDGE

5 Ed . ti fT •• uca on rammg

Type of School Name and Location of School Year Degree and Graduatad Field of Study

High School McAllen High School, McAllen, Texas 1977 High School

Undergraduate Texas Christian University. Ft. Worth, Texas 1981 BF A, Communications

Graduate St. Mary's Univ. Law School, San Antonio, Texas 1987 JD

Other Tulane Law School, New Orleans, Louisiana 1991 LL.M. in Admiralty

6 E . mpoymen t H. t IS ory Employer Position Dates Location

Hon. John T. Wooldridge, LLC Visiting Judge, Mediator, Arbitrator 2013-Pres Houston, Texas Ensco PLC Senior Compliance/Corporate Attny 2011-2013 Houston, Texas Baker Hughes Incorporated Senior Complaince/Corporate Attny 2008-2011 Houston, Texas 269th District Court Judge 1997-2008 Houston, Texas


Rev. Martin Bastian St. Martin's Epis Chruch Houston. Texas 713-628-4323 None Mr. Alex Garibay 269th District Court Houston. Texas 713-368-6376 None Hon. Bonnie Hellums Senior Dist. Crt. Judge Houston. Texas 713-397-0360 None Ms. MyThuy Cieslar 190th District Court Houston. Texas 713-201-2003 None Mr. JeffUzick Uzick & Oncken Houston, Texas 712-446-1170 None

8. Professional Memberships (including any state bar memberships) Oraanization Title/Position Current/Former

State Bar of Texas Member Current Texas Bar Foundation Sustaining Life Fellow Current Houston Bar Foundation Sustainin~ Life Fellow Current Houston Bar Association Member Current Association of Attorney-Mediators Member Current Maritime Law Association of United States Proctor Current

9 VI t . o un eer p rti . f a c1pa 10n Organization Title/Position Current/Former

Houston Lifestock Show and Rodeo Member Current Texas Christian Universitv Board of Trustees Former Eoiscooal Hi!!h School Board of Trustees Fonner Univ. of Texas. Parent's Association Advisorv Board of Directors Current St. Martin's Episcooal Church Lay Reader/Chalice Bearer Current Ralph A. Johnston Charitable Foundation Board of Directors Current

10. Milita Service Are ou or have ou ever been a member of the Armed Forces of the United States: No

Branch Dates of Service T United States Na 1985-1991 e United States Na 1991-2015 Active Reserves-Retired

Revised 02/15 2

I Name JOHN mOMAS WOOLDRIDGE

11. Social Media lnfonnation


Facebook [8] Yes D No Usemame Judge John T. Wooldridge

Twitter [8] Yes D No Handle @JTWHouston

lnstagram [8] Yes D No Usemame JTWooldridge

Linkedln [8] Yes D No Profile Judge John T. Wooldridge

Google+ [8] Yes D No Usemame

I ~nn11co'c l=mnlnv~

12. Spouse Information his Section Not A licable .lnh TitlPJPni:;itinn

Does your spouse conduct any business witJ'l nr "'>efore the If ves. olease list aaencies: Texas Legislature or any other state entity? res Jo __ __._

13. Miscellaneous Information Note: UMaterial interest" is defined as (a) serving on the governing board of directors or (b) a ten (10) percent or greater ownership. This does not apply to any mutual funds in which you do not exercise autho · in investment decisions.

Are you, your spouse, or any company in which you have a material interest currently delin uent in an local, state or federal taxes? If es ive details.

Have vou ever defaulted on a oersonal business or student loan? If ves aive details. Type of Loan Date Details

Have you, your spouse, or any company in which you have a material interest or of which you have been an officer or principal been involved in any bankruptcy proceeding? If yes, give details including dates.

Do you currently serve, or have you ever served, on any local, state or federal government board commission or committee or in an elected or a ointed office?

Entity Position

State of Texas Judici 269th District Court United States Na

Revised 02/IS

Dates

2013-Pres 1997-2008 1985-2015

y y y

Compensated /N

No

I I I Yes IXI No

D Yes [8] No

Yes No

Reimbursed /N

Y-Ex Y-Ex Y-Ex

3

I Name JOHN moMAS WOOLDRIDGE


Are ouse related to a local state or federal ublic official? Name of Official and Title

Yes Relalav, ,shi

~o

Do you or your spouse have any material interest in, or are either of you employed by, any ~Yes 0No company that does business with or receives funds from the State of Texas? If yes, give full name and details:

Name of Company Details State of Texas, Judiciarv Visiting Judge Assiimments

Are you or your spouse an officer, director, employee or paid Self consultant of a trade association? DYes ~ No


Have you or your spouse ever been registered as a lobbyist or received compensation to reoresent someone before a local state, or federal aovernment? Self or Entity Represented Entity Lobbied Spouse

In the last five years, have you, or any company in which you have a material interest, been licensed bv a Texas state agencv? If ves, give details.

Agency Tvoe of License License#

Revised 02/15

UYes ~ No

Dates

No

DYes ~No

Expiration

Yes~ No D Not Applicable

4

I Name JOHN moMAS WOOLDRIDGE

13. Miscellaneous lnfonnation (Continued)

To the best of your knowledge, has any federal, state or local law enforcement or regulatory D Yes 181 No agency (on behalf of itself or any other person or entity) filed or investigated any grievance or complaint against you, your spouse, or an entity in which you have a material interest? If yes, give details and disposition (investiaated, dismissed, reprimanded)


To the best of your knowledge, have you, your spouse, or any company in which you have a LJYes ~ No material interest been investigated, reprimanded, fined or suspended from doing business with any state or federal agency? If yes, give details and disposition (investigated, reprimanded, fined, suspended,

Aaencv Date Details and Dlsnosition

Have you ever been convicted in a criminal proceeding (excluding traffic violations), placed LJ Yes~ No on probation, required to perform community service, or had a criminal proceeding disposed of by pre-trial diversion, deferred prosecution, deferred adjudication, or some similar proceeding?

If yes, list the charge, the date of the offense, the city and/or county and state in which it alleaedtv occurred and the disoosition thereof.

Revised 02/15 5

14. Certification

Full Legal Name JOHN THOMAS WOOLDRIDGE

Date of Birth l Driver License or DPS ID#

Are you a U.S. Citizen? ~ Yes D No I Place of Birth McAllen, Texas


Ethnicity: (optional; check all that apply) ~White

D Hispanic D Asian American D Native American

LJ African American

D Other


a Personal Financial Statement (PFS) Fonn with the Texas Ethics Commission.



• Any infonnation provided on the application or attached may be subject to the Texas Public Information Act This means that an individual requesting copies of the information in your file may be provided access to that information.


I hereby certify that the foregoing and any attached statements are true, accurate and complete. I agree that any misstatement, misrepresentation, or omission of a fact may result in my disqualification for appointment. I assign and hereby give the Office of the Governor full authority to conduct background Investigations pertinent to this application. I specifically authorize the Texas Department of Public Safety to conduct a background investigation and to disclose the results of that investigation to the Governor or his authori representative.

Submit to:



Date

[email protected] {with scanned signature page)

Revised 02/15 6

l

Letter to Governor Greg Abbott Office of the Governor P.O. Box 12428 Austin, Texas 78711

July31 ,2017

Re: Jolm T. Wooldridge's Application for Justice, First Court of Appeal, Houston, Texas


I hope you are doing well and enjoying your governorship. We miss you in Houston but know you are working hard for all Texans.

I write to you to endorse Jolm T. Wooldridge's Application for Justice of the First Court of Appeals in Houston. I have had the pleasure of knowing Jolm for the better part of the last two decades. Also, I have had the opportunity to appear in his trial court as an attorney for hearings and trials. He treats all parties with respect and offers what trial lawyers most yearn to see, an even playing field for all sides. He has a willingness to make hard decisions through careful listening, in depth analytical thought, and considered reason. He is in short, one of the finest jurists before whom I have had the pleasure to appear in my 35 year practice.

In addition, Jolm offers three rather unique characteristics which prepare him for this office. First, he has breadth with extensive civil court experience as well as criminal court experience. He is a former U.S. Military Judge, a former Special Assistant United States Attorney, a former appellate defense attorney, a former U.S. Prosecutor and has continued to serve as a visiting judge in both felony and misdemeanor courts. He has tried everything from capital murder cases to DWI cases. He has presided as a judge in our family courts where he tried contested divorce cases, handled CPS dockets and sat in the family drug courts. His experience is quite simply vast which would serve him well as an appellate judge.

Second, he is a Veteran. He is a retired Navy Captain who served over 30 years of military service. He was on active duty during the first Gulf War and was recalled to active duty for Operation Enduring Freedom to serve at the U.S. Navy Base in Guantanarno Bay, Cuba where he served as legal counsel to review our enemy combatants status otherwise known as the detainees. He was the Executive Officer for the Navy-Marine Corps Trial Judiciary (the second person in charge) and was the Commanding Officer (or the person in charge) of Navy Region Legal Service Office for Europe, Africa and Southeast Asia. This office is responsible for delivering legal advice and counsel for all military commands in the region, provides legal assistance to our military personnel and acts as prosecutors for all military criminal matters. He was the prosecutor for the USS Independence and the USS Theodore Roosevelt. Finally, he was the acting Inspector General for the U.S. Naval Forces in Japan from 2002-2003.

Third, Jolm has an LL.M. in Admiralty from Tulane Law School which I understand to be a highly competitive program. Tulane is able to boast the only LL.M. in Admiralty program in the United States.

( {, -

He is a life-long Republican and in 1997 was appointed to the 2691h Judicial District trial

court by then-Governor Bush.

John lives his life and ha~ JY three core values: Honor, Courage and Commitment. He is the embodiment of all three and we would be proud to see him receive the appointment to the First Court of Appeals.

Thank you for your careful consideration of his character, credentials and experience.

Very truly yours,

I ;( ,. {-l'M'I N~ckc.y,,lP< .

By: _________ _

Amy Dunn Taylor

governor greg abbott - big jolly times...baker botts, llp associate attorney 2012-2013 houston, tx...

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