Case Information
*1 PD-1067-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 11/9/2015 7:11:14 PM Accepted 11/10/2015 8:14:23 AM ABEL ACOSTA PD-1067-15 CLERK In the Court of Criminal Appeals of Texas E X P ARTE J AMES R ICHARD “R ICK ” P ERRY On Petition for Discretionary Review from the District Court for the 390th Judicial District Travis County, Texas, Case No. D-1-DC-14-100139, and the Texas Court
of Appeals for the Third District, at Austin, Case No. 03-15-00063-CR U NOPPOSED M OTION OF E UGENE V OLOKH TO A PPEAR P RO H AC V ICE AND M OTION OF J AMES C. H O IN S UPPORT OF S AME Eugene Volokh
California Bar No. 194464 Texas Bar No. 24052766 Gary T. Schwartz Professor of Law Prerak Shah
S COTT & C YAN B ANISTER Texas Bar No. 24075053 F IRST A MENDMENT C LINIC Bradley G. Hubbard
UCLA S CHOOL OF L AW Texas Bar No. 24090174 385 Charles E. Young Dr. East G IBSON , D UNN & RUTCHER LLP Los Angeles, CA 90095 2100 McKinney Avenue, Suite 1100 Tel.: (310) 206-3926 Dallas, TX 75201-6912 volokh@law.ucla.edu Tel.: (214) 698-3264
Fax: (214) 571-2917 jho@gibsondunn.com pshah@gibsondunn.com bhubbard@gibsondunn.com *2
U NOPPOSED M OTION OF E UGENE V OLOKH Eugene Volokh (“Movant”) respectfully moves that he be admitted to appear, sign all pleadings, and take whatever action is necessary to represent amicus curiae Constitutional and Criminal Law Experts in this case (the Texas Proceeding). In support of this motion and in compliance with Rule XIX of the Rules Governing Admissions to the Bar of Texas, the undersigned states the following:
1. Movant is the Gary T. Schwartz Professor of Law at the UCLA School of Law. His office is at 405 Hilgard Ave., Los Angeles, CA 90095, and the telephone number at his office is (310) 206-3926. His fax number is (310) 206- 7010 and his email address is volokh@law.ucla.edu.
2. In the Texas Proceeding, Movant will be associated with the following Texas attorney:
State Bar No. 24052766
G IBSON , D UNN & RUTCHER LLP
2100 McKinney Avenue, Suite 1100 Dallas, TX 75201-6912
Tel.: (214) 698-3264
Fax: (214) 571-2917
jho@gibsondunn.com 3. Within the past two years, Movant has appeared or sought leave to
appear in the following cases or causes in Texas courts:
Ex Parte Thompson , No. No. PD-1371-13, in the Court of Criminal Appeals of Texas ( pro hac vice admission granted April 14, 2014) *3 Service Employees International Union Local 5 v. Professional Janitorial Service of Houston, Inc. , No. 13-0882, in the Supreme Court of Texas ( pro hac vice admission granted Nov. 15, 2013) Auspro Enterprises, LP v. Texas Dep’t of Transportation , No. 03-14- 00375, in the Third Court of Appeals of Texas 4. Movant is licensed to practice in the following courts:
U.S. Supreme Court
U.S. Courts of Appeals:
Second Circuit
Fourth Circuit
Sixth Circuit
Seventh Circuit
Ninth Circuit
Eleventh Circuit
U.S. District Courts:
Northern District of California California State Courts
Movant is an active member and in good standing with each of these courts.
5. Movant has not been the subject of a disciplinary action by the bar or
courts of any jurisdiction in which he is licensed within the preceding five years.
6. Movant has not been denied admission to the courts of any state or to
any federal court during the preceding five years.
7. Movant is familiar with the State Bar Act, the State Bar Rules, and the Texas Disciplinary Rules of Professional Conduct governing the conduct of members of the State Bar of Texas, and will, at all times, abide by and comply with *4 the same so long as the Texas Proceeding is pending and said applicant has not withdrawn as counsel therein.
8. Movant refers the Court to his Affidavit attached hereto as Exhibit A. Attached hereto as Exhibit B is a copy proof of payment by Movant of the nonresident attorney fee to the Texas Board of Law Examiners.
9. Accordingly, Movant requests that the Court grant this motion to
appear pro hac vice in the Texas Proceeding.
Respectfully submitted, /s/ Eugene Volokh Eugene Volokh Gary T. Schwartz Professor of Law UCLA School of Law 405 Hilgard Ave.
Los Angeles, CA 90095 volokh@law.ucla.edu (310) 206-3926 *5 U NOPPOSED M OTION OF R ESIDENT A TTORNEY The undersigned states that he finds Movant Eugene Volokh to be a reputable attorney and recommends that Movant be granted permission to participate in the Texas Proceeding before this Court.
Respectfully submitted, /s/ James C. Ho
Texas Bar No. 24052766
G IBSON , D UNN & RUTCHER LLP 2100 McKinney Avenue, Suite 1100 Dallas, TX 75201-6912 Tel.: (214) 698-3264 Fax: (214) 571-2917 jho@gibsondunn.com ERTIFICATE OF C ONFERENCE The undersigned certifies that counsel for amici curiae conferred with counsel for former Governor Rick Perry and counsel for the State of Texas about these motions for pro hac vice admission, and confirmed that neither party is opposed to the relief sought in these motions. If this Court denies the motion to share oral argument filed simultaneously with these motions, these motions for pro hac vice admission may be denied as well.
/s/ James C. Ho ERTIFICATE OF S ERVICE I hereby certify that, on November 9, 2015, a true and correct copy of the foregoing was served via electronic mail on the following counsel of record for all parties in this case:
Lisa C. McMinn David L. Botsford
State Prosecuting Attorney B OTSFORD & R OARK
P.O. Box 13046 1307 West Avenue
Austin, Texas 78711 Austin, TX 78701
Michael McCrum Anthony G. Buzbee
District Attorney Pro Tem T HE B UZBEE L AW F IRM Travis County, Texas JPMorgan Chase Tower 700 N. St. Mary’s St., Suite 1900 600 Travis Street, Suite 7300 San Antonio, TX 78205 Houston, TX 77002
David M. Gonzalez Thomas R. Phillips
Assistant District Attorney Pro Tem B AKER B OTTS LLP
Travis County, Texas 98 San Jacinto Boulevard, Suite 1500 206 East 9th Street, Suite 1511 Austin, TX 78701
Austin, TX 78701
Counsel for the State of Texas Counsel for Applicant
/s/ James C. Ho *8 EXHIBIT A AFFIDAVIT OF EUGENE V OLOKH I, Eugene Volokh, on oath, depose and state that this Affidavit is in support of the motion that I be admitted to the Court of Criminal Appeals for the State of Texas pro hac vice.
1. I reside in California and I am a law professor at the UCLA School of Law.
2. I was admitted to practice law in California on February 23, 1998.
3. I am currently in good standing before the various courts to which I have been admitted and have not been the subject of any disciplinary proceeding.
4. I am over 18 years of age, I have never been adjudged incompetent, and I am competent to testify to the facts herein stated.
5. I have read the foregoing Motion to Appear Pro Hae Vice, and the facts stated therein and in this Affidavit are true and correct.
~~ EUll; Volokh SUBSCRIBED AND SWORN TO BEFORE ME this_ day of November, 2015.
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CALIFORNIA JURAT WITH AFFIANT STATEMENT *9 GOVERNMENT CODE § ~See Attached Document (Notary to cross out ·lines 1-6 below)
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State of California Subscribed,,,_ and sworn to (01 Bffi1 ffleel) before me County of L?5 ~y.\.2.s on this q ~\..- day of /J& [20] v~b~, , I~ . Date Month Year
by 7 1----"". -e..ie:::_:_-'1__L!!.e...""""'--'\6'---"o=--.!../__!_k",__h----=-------- (1 } ___ E=--u.=----:::. (and (2} ____________ ), Name(;) of Signer(~ proved to me on the basis of satisfactory evidence to be the person~ who appeared before me. Signature~ /2aCe-
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Though this section is optional, completing this information can deter alteration of the document or
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©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5910 *10 Board of Law Examiners Appointed by the Supreme Court of Texas P.O. Box 13486 * Austin, Texas 78711-3486 Acknowledgment Letter Non-Resident Attorney Fee November 09, 2015 To: Eugene Volokh
Via: volokh@law.ucla.edu According to Texas Government Code §82.0361, “ a nonresident attorney requesting permission to participate in proceedings in a court in this state shall pay a fee of $250 for each case in which the attorney is requesting to participate. ”
This Acknowledgement Letter serves as proof that the Board of Law Examiners has received $250 in connection with the following matter:
Non-resident attorney: Volokh
Case: PD-1067-15
Texas court or body: Texas Court of Criminal Appeals After satisfying the fee requirement, a non-resident attorney shall file a motion in the Texas court or body in which the non-resident attorney is requesting permission to appear. The motion shall contain the information and statements required by Rule XIX(a) of the Rules Governing Admission to the Bar of Texas. The motion must be accompanied by this Acknowledgment Letter and by a motion from a resident practicing Texas attorney that contains the statements required by Rule XIX(b).
The decision to grant or deny a non-resident attorney ’ s motion for permission to participate in the proceedings in a particular cause is made by the Texas court or body in which it is filed.
For more information, please see Rule XIX of the Rules Governing Admission to the Bar of Texas and §82.0361 of the Texas Government Code, which can be found on the Board ’ s website.
Sincerely, Susan Henricks Executive Director