Original Proceeding on Petition for Writ of Mandamus

27 July 2000
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:

  1. an order dated July 12, 2000 that granted a temporary restraining order against relators;
  2. 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;
  3. 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;
  4. 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.