BISD CONTRACT LAWYERS: SNATCHING BIG BUCKS FROM JAWS OF DEFEAT

By Juan Montoya

What happens if you are an attorney for a high-priced law firm on contract with the Brownsville Independent School District and:

1. lose in the local federal judge's decision to grant summary judgement on your request for qualified immunity for four school board trustees and,

2. Convince the current board of trustee to appeal the ruling to the Fifth Court of Appeals on that issue, only to lose there as well and,

3. Despite the board's reluctance to file for a rehearing before the same court, you go ahead and file for it, and...lose again?

Would you believe you walk away with a $52,880 payday for your losing efforts?

That's exactly what happened in the case involving two current and two former members of the BISD board in the ongoing lawsuit between the district, Rick Zayas, Ruben Cortez, Rolando Aguilar and Joe Colunga against former BISD Chief Financial Officer Tony Juarez.

After U.S. Southern District Judge Andrew Hanen denied the four immunity as individuals, their attorney Craig H. Vittitoe and Roger W. Hughes, with Adams & Graham LLP, of Harlingen, appealed his decision and lost. Then, when they ignored the current board's wishes to put the matter to rest, they nonetheless proceeded to ask for a rehearing on the matter before the same court and lost again.

Finally, after the Appeals Court refused the rehearing without comment, the duo filed a motion for withdrawal and substitution of counsel on March 1. Instead, they informed the court that replacing them in representing the BISD will be Frank Garza, of Garza and Peña, of Weslaco and that Anthony B. James, of the law firm Hodge and James, of Harlingen, will be representing the four current and former trustees.

The BISD is a veritable feeding trough for law firms and attorneys from throughout South Texas and beyond. Remember that they paid Nic Navarro, of Harlingen, some $400,000 to find the dirt on former Special Services Director Art Rendon and former Superintendent Hector Gonzales only to settle with Rendon and get sued by Gonzales in state district court?

What good did that $400,000 do?

For that matter, what good did the $52,880 paid to Vittitoe and Hughes get the district?

While we're at it, remember the fiasco when Gonzales, through his attorneys, first filed suit in the 357th District Court back in Sept. 16, 2011?

The BISD attorneys, after being served four days later (Sept. 20), answered the complaint on Oct. 28. Then, on Nov. 16, the BISD sought to remove the lawsuit to federal court.

Even if you're a layman, as we are, we can understand that under federal procedure, the defendant (BISD) has 30 days after they were served to ask that the case be removed (therefore the term "removal") to federal court.

Why the BISD attorneys wanted to go to federal court instead of the 357th is anybody's guess. Now, remember that the BISD was served on on Sept. 20. Their motion to remove wasn't filed until Nov. 16, 2011, almost two months after service and way past the 30 day limit to request that the case be removed to federal court.

In light of this, Hanen could do nothing else than to order that the case be remanded to the 357th.

In fact, lead BISD attorney Heidi J. Gumienny admitted as much when she said in a response that "BISD cannot in good faith object" to Gonzales' motion.

We don't know how much Gumienny, of Gordon & Rees, LLP, of Houston, or her firm is getting paid for this work, but if this is an example of their level of their representation, something is amiss.

\For example, in the defense response filed Nov. 16 to the initial Gonzales complaint filed in the 357th, Gumienny said BISD was served on Oct. 21, instead of Sept. 20. And then, in her motion to remove the case to federal court, she wrote that: "Wherefore, defendant the City of Conroe(?), requests that the action...be removed..."

If past efforts by the contract attorneys for the district is used as a gauge to measure the cost-effect ratio of the current ones, it can be assumed that the cash register will keep ringing as the cases are dragged out to an unforeseeable future.

Ka-ching! Ka-ching!