Search found 12 matches

by JALLEN
Thu Aug 18, 2016 4:27 pm
Forum: General Texas CHL Discussion
Topic: Texas Carry Executive Director sued for filing signage complaint against Waller County
Replies: 229
Views: 60595

Re: Texas Carry Executive Director sued for filing signage complaint against Waller County

The DA ignores a very important, critical fact, that the law now provides that only duly licensed LTC holders are authorized to carry in a courthouse, short of the actual court facilities. The general public is not.
by JALLEN
Thu Aug 04, 2016 4:03 pm
Forum: General Texas CHL Discussion
Topic: Texas Carry Executive Director sued for filing signage complaint against Waller County
Replies: 229
Views: 60595

Re: Texas Carry Executive Director sued for filing signage complaint against Waller County

NotRPB wrote:

Interesting:
Legal Assistant/Paralegal filing a petition/motion in Clerk's office etc ... isn't a party/witness

Just brainstorming what might arise in conversations on the House/Senate hearings/Floor
I'm unclear in certain situations:

Executor/Administrator in a Probate case, going to Clerk's office in Harris County Courthouse to get say copies of Letters Testamentary
Guardian ...
well anyone who might be a party in Clerk's office in Courthouse filing/picking up papers, not in the Courtroom, but in the clerk's office

Anxious to see that Bill get passed !!
Thank you !!!
Lawyers are neither witnesses nor parties, of course and could carry.
by JALLEN
Wed Aug 03, 2016 10:26 am
Forum: General Texas CHL Discussion
Topic: Texas Carry Executive Director sued for filing signage complaint against Waller County
Replies: 229
Views: 60595

Re: Texas Carry Executive Director sued for filing signage complaint against Waller County

rotor wrote:Rather than arguing among each other, I will again ask "Is there no action that can be taken against the people filing these malicious lawsuits or are they immune to any action?"
I doubt very seriously that this declaratory relief action would ever be considered malicious.
by JALLEN
Wed Aug 03, 2016 10:09 am
Forum: General Texas CHL Discussion
Topic: Texas Carry Executive Director sued for filing signage complaint against Waller County
Replies: 229
Views: 60595

Re: Texas Carry Executive Director sued for filing signage complaint against Waller County

mojo84 wrote:Jallen,
Your example of paying fees with company money goes to my point. You were spending company money, not yours. You were also getting paid to manage those lawsuits along with other duties. The government entity is paying attorney's fees with other people's money.

The defendant, which is a private citizen, has to pay out of his pocket even though he is following the law to a T without taking advantage of a "loophole".
In the insurance company case, it was money I was responsible for. In the other cases, it was money that belonged to a company I owned all or in part. The point isn't the money, but the responsibility, a concept that seems to be gradually fading from our DNA.

Let me leave you with the wisdom of a great man. ""Do right, and risk the consequences." -- Sam Houston
by JALLEN
Wed Aug 03, 2016 8:58 am
Forum: General Texas CHL Discussion
Topic: Texas Carry Executive Director sued for filing signage complaint against Waller County
Replies: 229
Views: 60595

Re: Texas Carry Executive Director sued for filing signage complaint against Waller County

mojo84 wrote:
I intend this with all due respect. Your response comes across as someone with that makes or made their money from legal fees and lawsuits and not someone that has to write the checks for the legal fees. It's been my experience, the two perspectives rarely see eye to eye when it comes to confidence and trust in our legal system.
Yes and no.

I have earned fees from representing parties in litigation. I have also paid very considerable sums to lawyers. When I was counsel at one of the very large title insurers, I spent $100,00-$250,000 per month on attorneys in various matters, and our investment company and affiliates were sued constantly. We spent many hundreds of thousands on that. A more accurate view is that I don't view litigation as a threat so much, especially when I am confident I am in the right. It's a bother at most.

This case doesn't claim the defendant did anything wrong, merely that there is a difference of interpretation and the court should say which is correct, if either.
A government entity that is trying to exploit a "loophole" in order to circumvent a law and then suing a private citizen that is following the law is egregious and is something only a government employee or an attorney could support.

Robbing a bank and then trying to say it is just a low doc express loan or withdrawal is still robbery. A government entity denying a LTC entry into a premises that is not a courtroom or court related office is still against the law regardless what tortured interpretation one uses to try and justify it.

The hearing and floor discussion/debate made it very clear what the legislators intended. Waller County, Travis and other counties are just thumbing their noses at the citizens and legislators.
Your example is as absurd as your conclusion that it is against the law regardless of the "tortured interpretation." That assumes the very thing in issue.

It is true that to a great extent, these counties are acting like we're trying to give a cat a bath. They don't want it. Fine. Let them make their arguments, do their dances, etc.

Legislation is seldom very clear, especially in controversial issues. By the time the compromises are all adjusted, and opponents succeed in inserting muddled language to cover doubtful situations, the result is often tortured and complex. There may be a statute somewhere that is "very clear" as to its meaning and intent. I'd enjoy seeing one some day. Applying such a statute to complicated, unanticipated facts can be less so.

A "very clear" expression of intent would be, "A person who has a valid license to carry a firearmmay do so in any government office, building of facility other than a courtroom where court sessions are being held and a jail or prison." That would be very desirable but it wouldn't have enough votes to pass, apparently. We would still have PC40.03 et seq to argue about.
by JALLEN
Wed Aug 03, 2016 8:43 am
Forum: General Texas CHL Discussion
Topic: Texas Carry Executive Director sued for filing signage complaint against Waller County
Replies: 229
Views: 60595

Re: Texas Carry Executive Director sued for filing signage complaint against Waller County

Papa_Tiger wrote:
G.A. Heath wrote:This is about much more than firearms. This is about who is in charge and who can involve themeselves.
In this case, the method for citizen involvement is laid out in the law. It doesn't matter who files the complaint, per the law, the offending governmental entity must be notified and given time to correct the issue. If they do not, the matter can be referred to the AG. In this case, the governmental entity is trying to sidestep the law rather than letting the process work. To me, the crux of this is what is the purpose of law if it is just going to be ignored?
In this case, they are not "ignoring" the law. The Waller County folk believe they have found a loophole that allows them to do what they are doing. The statutes have yet to be judicially interpreted so that's the argument. We believe we have what the Lege intended and said. They think otherwise.

Some eccentrics believe the duly elected officials of each county ought to be able to set the rules and policies for the folks who elected them. To a certain extent that is true, but the Lege has spoken. We know what they said. As Aunt Gracie might say, "I think you misunderstood what I heard."

We don't know, at least I don't, what role the AG has already played in Waller County. What did they do with the complaint? Was the complaint actually given to the AG, or merely sent to the Waller Co, judge? The AG might file suit itself, and order this suit stayed pending the outcome. They might intervene in this suit.

One thing you can't count on in litigation is for your opponent to follow the strategy you think he ought to. You have to make them do things right. Maybe the defendant lawyer will demur or whatever the similar procedure here in Texas is, the demurrer will be sustained and Waller County tossed out on their ears.
by JALLEN
Wed Aug 03, 2016 7:23 am
Forum: General Texas CHL Discussion
Topic: Texas Carry Executive Director sued for filing signage complaint against Waller County
Replies: 229
Views: 60595

Re: Texas Carry Executive Director sued for filing signage complaint against Waller County

mojo84 wrote:
JALLEN wrote:
Charles L. Cotton wrote: I realize you weren't a Texas lawyer, but a private citizen is hardly a proper party to this dec action. It should have been filed solely against the AG, if at all. Holcomb is not in a position to sue or otherwise enforce the statute at issue. Only the AG can bring suit.

Yes, this lawsuit is garbage and it was filed solely to chill citizens from following the statutorily required procedures. Otherwise, it would have been filed against the AG in response to his position on the issue.

Chas.
Can someone sue the AG before the AG has done anything, other than publish an opinion?

The private party had at least taken official action which generated the dispute.

The ruling of a trial court is hardly precedential, and will certainly be appealed.

BTW, I filed a complaint with the AG with respect to the county here, following correct procedure. It is pending.

Would your opinion about the government entity suing the private citizen that followed the law be different if the entity that you complained about sued you for filing the complaint?
Nope. For one thing, the signs I dealt with were 30.06 signs, not the "loophole" Waller Co. thinks they have discovered.

I, and the companies I was responsible for, were sued hundreds of times, to no ill effect, and some occasional amusement, although not without some cost.

I wouldn't look forward to it, exactly, but when you go into battle, it is never without some cost. Look at all the aggravation Charles endures in his battles. These are disputed issues, being fought over and will continue to be fought over for a long, long time.

Harry Truman taught, "If you can't stand the heat, get out of the kitchen."
by JALLEN
Tue Aug 02, 2016 8:59 pm
Forum: General Texas CHL Discussion
Topic: Texas Carry Executive Director sued for filing signage complaint against Waller County
Replies: 229
Views: 60595

Re: Texas Carry Executive Director sued for filing signage complaint against Waller County

Charles L. Cotton wrote: I realize you weren't a Texas lawyer, but a private citizen is hardly a proper party to this dec action. It should have been filed solely against the AG, if at all. Holcomb is not in a position to sue or otherwise enforce the statute at issue. Only the AG can bring suit.

Yes, this lawsuit is garbage and it was filed solely to chill citizens from following the statutorily required procedures. Otherwise, it would have been filed against the AG in response to his position on the issue.

Chas.
Can someone sue the AG before the AG has done anything, other than publish an opinion?

The private party had at least taken official action which generated the dispute.

The ruling of a trial court is hardly precedential, and will certainly be appealed.

BTW, I filed a complaint with the AG with respect to the county here, following correct procedure. It is pending.
by JALLEN
Tue Aug 02, 2016 7:42 pm
Forum: General Texas CHL Discussion
Topic: Texas Carry Executive Director sued for filing signage complaint against Waller County
Replies: 229
Views: 60595

Re: Texas Carry Executive Director sued for filing signage complaint against Waller County

Charles L. Cotton wrote:
JALLEN wrote:This is the ordinary declarayory relief action, the form whenever there is a dispute over interpretation of a written instrument, etc.

While the complaint against Holcomb does not expressly name him as the complainant, there is no doubt that is who filed it. If it turns out otherwise, the case will be dismissed because there is no dispute, effectively, with Holcomb.

I'm not conversant with civil procedure in Texas enough to evaluate this procedurally, the form of pleading, etc.

A District Judge is not presdisposed to rule in anyone's favor, the county or otherwise. There are hundreds of cases where political subdivisions have lost cases against ordinary citizens when the facts and law supported that result. If a judge has reason to feel otherwise, (s)he must recuse him or herself. I have known of cases where, because of strong local feelings, or ties to the community of one party, the entire local bench recused themselves, and the matter was heard by a visiting judge. Judges have a more than ordinary interest in courtroom security, of course. That is likely more of an influence for an individual judge than anything else.

Eventually, courts will interpret these provisions. It will very likely be the Texas Supreme Court to have the final say.

It might have been cheaper for Holcomb to file a complaint in his county and leave it to others to file in their counties. "Don't want no trouble, don't start none."
The suit is utter garbage and suggesting that a person should not avail himself of a statutorily proscribed procedure to prevent continuing violation of Texas law by a governmental entity boggles the mind. BTW, I'm hardly a fan of Terry Holcomb.

Chas.
Why should it boggle the mind? By filing such a number of complaints, Holcomb, who isn't a resident of any of these counties but possibly one, almost takes on the hue of an officious intermeddler. I doubt this will be the critical factor in the eventual outcome.

Declaratory relief is the accepted means for resolving these differences of interpretation, I believe. It seems the Commissioners have a novel and imaginative interpretation of these heretofore uninterpreted statutes. They believe they have a "loophole." Let the deciding process go forward. It's hardly "garbage." Maybe the AG will intervene if that seems appropriate. Maybe the AG will bring suit in Travis County, and seek a stay of this one. Maybe the AG will sit and watch what happens.
by JALLEN
Tue Aug 02, 2016 1:14 pm
Forum: General Texas CHL Discussion
Topic: Texas Carry Executive Director sued for filing signage complaint against Waller County
Replies: 229
Views: 60595

Re: Texas Carry Executive Director sued for filing signage complaint against Waller County

This is the ordinary declarayory relief action, the form whenever there is a dispute over interpretation of a written instrument, etc.

While the complaint against Holcomb does not expressly name him as the complainant, there is no doubt that is who filed it. If it turns out otherwise, the case will be dismissed because there is no dispute, effectively, with Holcomb.

I'm not conversant with civil procedure in Texas enough to evaluate this procedurally, the form of pleading, etc.

A District Judge is not presdisposed to rule in anyone's favor, the county or otherwise. There are hundreds of cases where political subdivisions have lost cases against ordinary citizens when the facts and law supported that result. If a judge has reason to feel otherwise, (s)he must recuse him or herself. I have known of cases where, because of strong local feelings, or ties to the community of one party, the entire local bench recused themselves, and the matter was heard by a visiting judge. Judges have a more than ordinary interest in courtroom security, of course. That is likely more of an influence for an individual judge than anything else.

Eventually, courts will interpret these provisions. It will very likely be the Texas Supreme Court to have the final say.

It might have been cheaper for Holcomb to file a complaint in his county and leave it to others to file in their counties. "Don't want no trouble, don't start none."
by JALLEN
Tue Aug 02, 2016 11:43 am
Forum: General Texas CHL Discussion
Topic: Texas Carry Executive Director sued for filing signage complaint against Waller County
Replies: 229
Views: 60595

Re: Texas Carry Executive Director sued for filing signage complaint against Waller County

Jusme wrote:

There is a copy of the complaint filed in the link posted in the OP.
Unfortunately it is unreadable in Scribe. A .pdf would be more widely useable.
by JALLEN
Tue Aug 02, 2016 11:14 am
Forum: General Texas CHL Discussion
Topic: Texas Carry Executive Director sued for filing signage complaint against Waller County
Replies: 229
Views: 60595

Re: Texas Carry Executive Director sued for filing signage complaint against Waller County

You can't really assess this situation accurately unless you read the complaint(s) filed with the counties and the AG to see whether or not the complaints are accurate and proper on their face.

When a citizen files a complaint and takes it to the AG, that opens the issue to be resolved. We suppose the AG will review, then pursue, such complaints as appear to have factual and legal merit.

Filing a complaint which is egregiously meritless might justify a suit. Here it seems all the DA is seeking is akin to declaratory relief. The article says no money danages are sought.

Filing so many is a bit eccentric, I would think.

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