Category Archives: Legal matters

County’s new bail system not quite ready

Posted on July 5, 2017 by Charles Kuffner

Real soon now. Harris County’s long-trumpeted new system for setting bail for people awaiting trial will be up and running by the end of July, nearly a month later than the July 1 effective date the county had promised a … Continue reading →

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Firefighters’ lawsuit over pension reform law tossed

Posted on July 3, 2017 by Charles Kuffner

There it goes. A state district judge on Friday dismissed Houston firefighters’ lawsuit challenging the constitutionality of the city’s pension reform package, removing a potential barrier to the city’s efforts to solve a 16-year fiscal crisis. State District Judge Patricia … Continue reading →

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Uber drivers sue over employment status

Posted on July 3, 2017 by Charles Kuffner

This will be worth watching. Lawyers for 19 Texas drivers for Uber on Friday filed a federal class-action lawsuit in Houston, claiming the ride-hailing app company’s oversight and control of supposedly independent drivers is so pervasive, they should be considered … Continue reading →

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City responds to term limits mandamus

Posted on July 2, 2017 by Charles Kuffner

Here’s what the city had to say in response to the request that the Supreme Court vacate the district court ruling that let the 2015 term limits referendum stand and order an election for this November: In an unusually blunt … Continue reading →

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Supreme Court sends same-sex marriage benefits question back to lower court

Posted on July 1, 2017 by Charles Kuffner

Unbelievable. The Texas Supreme Court on Friday threw out a lower court ruling that said spouses of gay and lesbian public employees are entitled to government-subsidized same-sex marriage benefits. The state’s highest civil court ordered a trial court to reconsider … Continue reading →

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Hearing for that other SB4 lawsuit

Posted on June 30, 2017 by Charles Kuffner

The SB4 lawsuit that Ken Paxton filed, to get the law pre-emptively declared to be constitutional, had its hearing in Austin on Thursday. A federal judge on Thursday criticized the politics surrounding Texas’ new immigration-enforcement law and hinted that he’d … Continue reading →

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Firefighters sue city over contract negotiations

Posted on June 30, 2017 by Charles Kuffner

These are busy days for the HPFFA. Houston’s fire union sued the city Wednesday alleging Mayor Sylvester Turner’s administration failed to act in good faith during contract negotiations, exacerbating tensions between firefighters and City Hall. The lawsuit filed in state … Continue reading →

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City of El Paso joins in on SB4

Posted on June 30, 2017 by Charles Kuffner

Add one more to the list. The city of El Paso voted on Tuesday to join the growing list of local governments that have filed a legal challenge in hopes of stopping Texas’ new immigration enforcement law from going into … Continue reading →

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State to help defend county bail policies

Posted on June 29, 2017 by Charles Kuffner

Of course it will. Texas Attorney General Ken Paxton and the top lawyers in five other states are backing Harris County in its protracted battle over money bail for poor low-level defendants, as the tally of those released on no-cash … Continue reading →

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Ellis seeks Harris County entry into SB4 litigation

Posted on June 28, 2017 by Charles Kuffner

From the inbox, an email from Commissioner Ellis: Despite strong opposition from law enforcement officials, faith leaders, local governments, civil rights organizations, constituents, and advocacy groups, Senate Bill 4 (SB4), the “show-me-your-papers” legislation, has been signed into law. The new … Continue reading →

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Another look at redistricting in Texas

Posted on June 28, 2017 by Charles Kuffner

We’re in the spotlight right now. The odd shapes tell the story. A huge Republican majority in the Houston-area 2nd congressional district represented by Ted Poe curls around the region from Lake Houston, northeast of the city, makes a meandering, … Continue reading →

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SB4’s day in court

Posted on June 27, 2017 by Charles Kuffner

Sparks were flying. Opponents of Texas’ state-based immigration law told a federal judge Monday that allowing the controversial measure to stand would pave the way for a nationwide police state where local officers could subvert the established immigration-enforcement powers of … Continue reading →

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Next round of voter ID briefs ordered

Posted on June 26, 2017 by Charles Kuffner

Moving right along: With the next election season looming, a federal judge has set a fast-paced schedule for determining whether Texas should be penalized for a voter ID law found to have been written by Republicans to intentionally discriminate against minority … Continue reading →

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What about Fort Worth?

Posted on June 24, 2017 by Charles Kuffner

Now that Houston has voted to join the litigation against SB4, there remains one big city on the sidelines. Holding signs that said, “No hate in my Texas” and “Diversity not division,” protesters on Tuesday urged city leaders to join … Continue reading →

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No partisan gerrymandering claims (yet) in Texas

Posted on June 24, 2017 by Charles Kuffner

From Texas Redistricting: The three-judge panel in the Texas redistricting case has issued an order striking the expert report offered by the Texas Democratic Party in connection with its partisan gerrymandering claim. However, the court said that it would allow … Continue reading →

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Feds join the state in defense of SB4

Posted on June 23, 2017 by Charles Kuffner

I suppose this was to be expected. About a month ago, the city of El Cenizo filed a lawsuit against the state, calling the bill unconstitutional. On Monday, the Trump administration got involved. The defendants in the lawsuit are the … Continue reading →

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One Republican judge doesn’t want that high-priced attorney for the bail lawsuit appeal

Posted on June 23, 2017 by Charles Kuffner

Credit where credit is due. One of 15 Harris County judges challenging a federal order altering how bail works for indigent defendants has dropped out of the group that hired a pricey D.C. law firm to appeal the lawsuit. Court … Continue reading →

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Houston officially gets in the SB4 litigation business

Posted on June 22, 2017 by Charles Kuffner

Well done. Houston City Council voted Wednesday to sue the state over its new “sanctuary cities” law, joining Texas’ three other largest cities in challenging the controversial measure. Council voted 10-6 to join San Antonio, Austin, Dallas, El Paso County … Continue reading →

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When might the Supreme Court speak on the Houston term limits lawsuit?

Posted on June 21, 2017 by Charles Kuffner

So as you know there is an ongoing lawsuit over the language used in the 2015 referendum that altered the city’s term limits ordinance. It was filed shortly after the election, with the city winning the first round in district … Continue reading →

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Getting ready for the first SB4 hearing

Posted on June 21, 2017 by Charles Kuffner

All eyes are going to be on this next week. On Monday, June 26, U.S. District Judge Orlando Garcia will hear the City of San Antonio’s request for a preliminary injunction to block Senate Bill 4, the “sanctuary cities” law, … Continue reading →

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Public testimony on SB4

Posted on June 21, 2017 by Charles Kuffner

It was heated, as you might expect. Scores of residents urged City Council on Tuesday to challenge the state’s “sanctuary cities” ban, speaking during more than five hours of public testimony on the eve of council’s vote on whether to … Continue reading →

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SCOTUS takes on Wisconsin partisan gerrymandering case

Posted on June 20, 2017 by Charles Kuffner

Monday’s big news. Partisan gerrymandering exists because the Supreme Court allows it to exist. Although such gerrymanders are a form a viewpoint discrimination, which violates the First Amendment, Republican appointees to the Supreme Court have been reluctant to even let … Continue reading →

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Council may vote on joining SB4 litigation tomorrow

Posted on June 20, 2017 by Charles Kuffner

It will happen, though perhaps not tomorrow. Houston City Council is poised to vote [this] Wednesday on whether to join litigation challenging the constitutionality of Texas’ new “sanctuary cities” law, days before the case’s preliminary hearing in San Antonio. The … Continue reading →

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Paxton seeks to overturn all local bag ban laws

Posted on June 19, 2017 by Charles Kuffner

It’s up to the Supreme Court to decide whether he gets it or not. Attorney General Ken Paxton on Thursday filed paperwork urging the Texas Supreme Court to eliminate plastic bag bans across Texas, including Austin’s. Paxton is seeking for … Continue reading →

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Fifth Circuit to hear AALDEF lawsuit appeal

Posted on June 13, 2017 by Charles Kuffner

This happens today. Amid last-minute efforts to overhaul the state’s voter identification law in light of an ongoing legal fight, the Texas Legislature gaveled out without addressing another embattled election law that’s now moving forward in federal court. The U.S. … Continue reading →

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Houston will get involved in the SB4 fight later this month

Posted on June 10, 2017 by Charles Kuffner

Very good to hear. Mayor Sylvester Turner plans to ask City Council to vote this month on joining lawsuits challenging the constitutionality of Texas’ new “sanctuary cities” law, ending months of equivocation on the controversial immigration enforcement measure. If City … Continue reading →

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SCOTUS will not hear Harris County bail appeal

Posted on June 9, 2017 by Charles Kuffner

Let this please be the end of the line. U.S. Supreme Court Justice Clarence Thomas has denied Harris County’s request to stop the release of misdemeanor inmates who can’t afford to post cash bail. The county had appealed late Tuesday … Continue reading →

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Dallas gets in the fight against SB4

Posted on June 9, 2017 by Charles Kuffner

Good for them. Dallas is joining some other Texas cities, including Austin and San Antonio, in taking on the state’s so-called “sanctuary city” law. Mayor Mike Rawlings made the announcement Wednesday afternoon, calling SB4 “unconstitutional” and a law that “greatly … Continue reading →

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Voter ID plaintiffs ask court to void the law

Posted on June 8, 2017 by Charles Kuffner

As well they should. Lawyers for minority voters and politicians asked a federal judge Wednesday to void the Texas voter ID law, saying it is the next logical step for a statute found to be discriminatory. The lawyers also said … Continue reading →

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Bexar County joins in on SB4 litigation

Posted on June 8, 2017 by Charles Kuffner

Add another to the list. Bexar County has joined the fight against Senate Bill 4, the so-called “sanctuary cities” law. In their biweekly meeting Tuesday, three commissioners and Judge Nelson Wolff voted to join the City of San Antonio in … Continue reading →

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Matt Rinaldi’s words will be used against him

Posted on June 7, 2017 by Charles Kuffner

Good. On Monday, Representative Matt Rinaldi, called Immigration and Customs Enforcement (ICE) after hundreds of mostly Latino activists filled the House gallery to protest Senate Bill 4, the controversial ‘sanctuary cities’ ban. Jose Garza, an attorney representing El Paso County in … Continue reading →

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Fifth Circuit reinstates bail order

Posted on June 7, 2017 by Charles Kuffner

Good. Harris County took the fight over its controversial bail system to the U.S. Supreme Court on Tuesday, even as county officials scrambled to plan the imminent release of dozens of misdemeanor defendants held behind bars who cannot afford to … Continue reading →

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ACLU files for injunction against SB4

Posted on June 6, 2017 by Charles Kuffner

From the inbox: The American Civil Liberties Union and the ACLU of Texas filed the first motion today to block the anti-immigrant and anti-law enforcement Texas Senate Bill (SB4) before it takes effect. This is the next step in the … Continue reading →

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State files motion to combine all the “sanctuary cities” lawsuits

Posted on June 5, 2017 by Charles Kuffner

This isn’t a surprise, but there is a bit of a twist. In a filing late Thursday, Attorney General Ken Paxton asked a federal district court in Austin to absorb two other legal challenges that have been filed against the … Continue reading →

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