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Munijudge v City of Dallas

Munijudge v City of Dallas

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Published by: The Dallas Morning News on Aug 25, 2012
Copyright:Attribution Non-commercial

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NO. )
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D S
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TIMOTEO
F. GONZALEZ,DAVID INDORF, RUTH
C.
LOGANand
CHERYL
WILLIAMSPlaintiffs,v.
)()()()()()()(
MIKE
RAWLINGS, MAYOR, )(COUl'JCILMEMBER JERRY
R.
ALLEN, )(COUl'JCILMEMBER MONICA
R.
ALONZO, )(
COUNCILMEMBER TENNELL
ATKINS, )(COUl'JCILMEMBER DWAINE
R.
CARAWA
Y)(
COUNCILMEMBER
CAROLYN
DA
VI )(
COUNCILMEMBER
SANDY GREYS ON, )(
COUNCILMEMBER
VONCIEL JONES HILL,)(
COUNCILMEMBER
ANGELA HUNT, )(
COUNCILMEMBER
DELIA JASSO, )(
COUNCILMEMBER
SHEFFIE KADANE, )(
COUNCILMEMBER
LINDA KOOP, )(
COUNCILMEMBER
ANN MARGOLIN, and )(
COUNCILMEMBER
PAULINE MEDRANO )(
DALLASCOUl~TY,TEXAS
JUDICIAL DISTRICT
--
PLAINTIFFS'
ORIGINAL PETITION AND APPLICATION
FORTEMPORARY
AND PERMANENT INJUCTION
TO
THE
HONORABLE
JUDGE OF SAID COURT:Plaintiffs Judge Timoteo
F.
Gonzalez, Judge David
C.
Indorf, Judge Ruth C. Logan andJudge Cheryl D. Williams ("Plaintiffs" or "Judges") respectfully files this, their Original Petitionand Application for Temporary and Permanent Injunction and, for cause
of
action, would
show
as follows:
I.
INTRODUCTION
Plaintiffs seek injunctive relief to preclude the Dallas City Council from purporting topublish the Ordinance appointing Municipal Judges as the result
ofthe
vote taken
by
CityCouncil on August
22,2012
because the Dallas City Councilmembers violated the City
of
Dallas Code Section 13.5 regarding the appointment and evaluation
of
municipal judges.
1
 
The
Judges currently serve on the Municipal Court as full-time judges and have served inthat capacity from two years to thirteen years. They have consistently received positivereviews. The City Council has a history
of
violating judges' rights and removing them fromthe bench. In 2006, the City Council attempted
to
wrongfully remove another MunicipalJudge, Elizabeth Frizell, from her position on the Municipal Court because she was acandidate for a judgeship in Dallas County Criminal Court.
In
January, 2012, the CityCouncil attempted
to
wrongfully remove another Municipal Judge, Phyllis Lister Brown,from her position
on
the Municipal Court because she is a candidate for a judgeship
of
the162
nd
District Court.
In
this instance, the City Council has gone even further by goingoutside the law and manipulating the independence
of
the judiciary.Accordingly, the Judges seek from this Court (1) a declaration that the citycouncil did not follow the Dallas City Code, and (2) injunctive relief precluding the City Councilfrom publishing the Ordinance appointing Municipal Judges as the result
of
the vote taken
by
City Council
on
August 22, 2012.
II. DISCOVERY CONTROL PLAN
1.
Plaintiffs request that discovery
be
conducted in this case under a Level Threediscovery control plan.
III. PARTIES
2.
Timoteo
F.
Gonzalez is an individual residing at 8406 Flower Meadow Drive,Dallas, Texas.
3.
David C.Indorfis an individual residing
at
7602 Eastern Avenue, Dallas, Texas75209. (Mailing address:5600
W.
Lovers Lane, Suite 116-221, Dallas, Texas 75209).4. Ruth
C.
Logan is an individual residing at 5624 Ventana Trail, Dallas, Texas.
2
 
5.
Cheryl
D.
Williams is an individual residing at 8553 Quicksilver Dr., Dallas,Texas, 75249.
6.
Each
of
the Defendants Mike Rawlings, Jerry
R.
Allen, Monica
R.
Alonzo,Tennell Atkins, Dwaine
R.
Caraway, Carolyn
R.
Davis, Scott Griggs, Sandy Greyson, VoncielJones Hill, Angela Hunt, Delia Jasso, Sheffie Kadane, Linda Koop, Ann Margolin, and PaulineMedrano(the"City Council Defendants") is a member
of
the City Council for the City
of
Dallas,the body which Plaintiff believes will take the actions hereby sought
to
be enjoined. The CityCouncil Defendants may be served with process by serving the City
of
Dallas Secretary RosaRios at 1500 Marilla Street, Dallas, Texas 75201.
IV. JURISDICTION
&
VENUE
7.
The Court has subject matter jurisdiction over this action pursuant
to
Sections37.003 and 65.021
of
the Texas Civil Practice and Remedies Code,
as
Plaintiffs seek declaratoryand injunctive relief. The Court has personal jurisdiction over Defendants because the CityCouncil Defendants each reside in Dallas County, Texas.
8.
Venue
of
this action is proper in Dallas County, Texas, pursuant
to
Section15.002(a)(I) and (3)
of
the Texas Civil Practice and Remedies Code, because all or a substantialpart
of
the events or omission giving rise
to
the claim have occurred or will occur in DallasCounty, Texas.
V.
FACTUAL BACKGROUND
A.
The Judges Currently Serve
as
a Municipal Court Judges.
3

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