Order issued July 26, 2000
In The
Court of Appeals
For The
First District of Texas
No. 01-00-00758-CV
IN RE ATTORNEY GENERAL OF TEXAS JOHN CORNYN; SERGEANT
INVESTIGATOR STEPHEN ACKER; and ASSISTANT ATTORNEYS
GENERAL DAVID PURYEAR, W. REED LOCKHOOF and ROBERT B.
MADDOX, Relators
Original Proceeding on Petition for Writ of Mandamus
ORDER
Relators, Attorney General John Cornyn, Sergeant Investigator Stephen
Acker, and
Assistant Attorneys General David Puryear, W. Reed Lockhoof and Robert
Maddox, have filed a petition for writ of mandamus complaining that Judge
Patricia Hancock1 has abused her discretion by signing the following
orders:
- an order dated July 12, 2000 that granted a temporary restraining
order against relators;
- an order dated July 17, commanding relators to appear in the
333rd District Court of Harris County to show cause why they
should not be held in contempt of court for violating the July 12th
temporary restraining order, which hearing has been continued in
part until July 28, 2000, at which time Attorney General John
Cornyn and Assistant Attorney General Robert Maddox will be
required to appear to show cause;
- an order dated July 19, 2000, holding Assistant Attorneys General
Reed Lockhoof and Stephen Acker in contempt of court for
violating the July 12th temporary restraining order2;
- an order dated July 18, 2000, resetting a temporary injunction
hearing for July 26, 2000 at 1:30 p.m.
The Court grants relators motion for a temporary emergency stay and
temporarily stays the orders listed as items (1) through (4), above. Tex. R.
APP. P. 52.2
The parties have advised this Court of their willingness to have the above-referenced cause submitted on an expedited basis. Therefore, this Court has set cause no. 01-00-00758-CV for submission on July 26, 2000 at 2:00 p.m. in its Courtroom, 1307 San Jacinto, 9th Floor, before a panel consisting of Justices Cohen, Taft, and Nuchia, subject to change by the Court. The Court will hear oral argument. Each side will
be allowed 15 minutes to argue.
Persons with disabilities who plan to attend oral argument on this date and who may need auxiliary aids, accomodations, or services are requested to contact Margie Thompson, Clerk, at 713-655-2700 immediately.
It is so ORDERED.
PER CURIAM
Tex. R. App. P. 47
Footnotes:
1The Honorable Patricia Hancock, ancillary judge, the 333rd
District Court of Harris County, Texas. The underlying lawsuit is
Monetizemedia.com, Mr. Danny Michael Beavers, Donald Mark Beavers, Robert
W. Thomas, Jr. & Roy W Weisner v. John Cornyn, Attorney General of Texas,
Sergeant Investigator Stephen Acker, & Assistant Attorney General David
Puryear trial court cause no. 2000-34474.
2Judge Hancock also signed two related orders, dated on July
18, 2000, each ordering the contempt proceedings against Assistant Attorneys
General Reed Lockhoof and Stephen Acker transferred to the presiding judge
of the administrative judicial region for a determination of guilt and
ordering these two relators released on their owm personal recognizance. The
stay of the July 19, 2000 order of contempt also stays the two related July
18, 2000 orders insofar as they transferred the contempt proceedings to the
presiding judge.