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Lister Brown Amended Petition

Lister Brown Amended Petition

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Published by: cityhallblog on Dec 16, 2011
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07/10/2013

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1a[$
iBEPAII3
PHYLLIS LISTER BROWN,
Plaintiff,
MAYOR MIKE RAWLINGS,COUNCILMEMBER JERRY R. ALLEN,COUNCILMEMBER MONICA R. ALONZO,
COUNCILMEMBER TENNELL ATKINS,
COUNCILMEMBER DWAINE R. CARAWAY,
COUNCILMEMBER CAROLYN R. DAVIS,COUNCILMEMBER SCOTT GRIGGS,
COUNCILMEMBER SANDY GREYSON,COUNCILMEMBER VONCIEL JONES HILL,
COUNCILMEMBER ANGELA HUNT,
COUNCILMEMBER DELIA JASSO,
COUNCILMEMBER SHEFFIE KADANE,
COUNCILMEMBER LINDA KOOP,
COUNCILMEMBER ANN MARGOLIN, andCOUNCILMEMBER PAULINE MEDRANO
Defendants.
IN THE DISTRICT COURT OFDALLAS COUNTY, TEXAS
101st JUDICIAL DISTRICT
PLAINTIFF'S FIRST AMENDED PETITION ANDAPPLICATION FOR TEMPORARY AND PERMANENT INJUNCTION
TO THE HONORABLE JUDGE OF SAID COURT:Plaintiff Judge Phyllis Lister Brown ("Plaintiff' or "Judge Brown") respectfully
files this, her First Amended Petition and Application for Temporary and Permanent Injunctionand, for cause of action, would show as follows:
I.
INTRODUCTION
Judge Brown seeks declaratory and injunctive relief to preclude the Defendants,members of the Dallas City Council (the "City Council"), from taking any action purporting to
PLAINTIFF'S FIRST AMENDED PETITION ANDAPPLICATION FOR TEMPORARY AND PERMANENT INJUNCTION
AGE
1
US ACTIVE:\43870453\08\99995.4210
Filed11 December 6 P4:00Gary FitzsimmonsDistrict ClerkDallas District
 
remove Judge Brown from, or declare forfeited, her position on the municipal court of record inthe City of Dallas (the "Municipal Court") based on a provision in the Dallas City Charter (the"Charter") that is inapplicable on its face to the Municipal Court or to a municipal judge
appointed to serve on the Municipal Court (a "Municipal Judge"). Any such action by the
Defendants will be an
ultra vices act,
exceeding the authority granted to the Defendants pursuantto the Charter and applicable state law; and any ordinance adopted by the Defendants infurtherance thereof will be invalid.Judge Brown currently serves on the Municipal Court as a full-time Municipal
Judge and has served in that capacity for nearly nine years with positive reviews. Judge Brownnow aspires to a position as presiding judge of the 162nd District Court in Dallas County. Under
similar circumstances in 2006, the then members of the City Council attempted, by ordinance, towrongfully remove another Municipal Judge, Elizabeth Frizell, from her position on theMunicipal Court because she became a candidate for a judgeship in Dallas County Criminal
C~
On November 8, 2011, the City Attorney confirmed in a telephone call with RayGuy, one of Judge Brown's attorneys, that he had conferred with the City Council and that the
current City Council's position with respect to Judge Brown would be the same as it was withrespect to Judge Elizabeth Frizell in 2006. Thus, Judge Brown reasonably believes that the
current members of the City Council will likewise attempt to wrongfully purport to terminate, orotherwise treat her as having forfeited, her position on the Municipal Court when she announcesher candidacy for the 162nd District Court; and that any attempted hearing before the City
Council regarding such purported removal or forfeiture will be futile. Moreover, there are no
administrative remedies or procedures within the City of Dallas's hierarchy applicable to Judge
PLAINTIFF'S FIRST AMENDED PETITION AND
APPLICATION FOR TEMPORARY AND PERMANENT INJUNCTION
AGE 2
US ACTIVE:\43870483\08\99995.4210
 
Brown that must be exhausted as a condition to the bringing of this action. Any action by the
City Council that purports to remove Judge Brown from, or declare forfeited, her position on theMunicipal Court because of her decision to seek to become a District Court judge—a decisionthat in the State of Texas necessarily involves a decision to seek an elective rather thanappointive judicial office—will irreparably injure Judge Brown's candidacy by creating negativepublicity that will likely be viewed unfavorably by voters.Accordingly, Judge Brown seeks from this Court (1) a declaration that she is notsubject to the Charter provision that requires an "appointive officer of the city," who "becomes acandidate for nomination or election to any public office," to "immediately forfeit his or herplace or position with the city;" and (2) injunctive relief precluding the Defendants, whether bythe adoption of an ordinance or otherwise, from taking the
ultra vires
action of removing Judge
Brown from, or otherwise treating her as having forfeited, her position on the Municipal Court,based upon the purported applicability of such Charter provision to her position on the Municipal
Court or her status as a Municipal Judge.
II. DISCOVERY CONTROL PLAN
Plaintiff requests that discovery be conducted in this case under a Level Threediscovery control plan.
III.
PARTIES
Phyllis Lister Brown is an individual residing at 8346 Deep Green Drive, Dallas,Texas, 75249.Each of Defendants Mike Rawlings, Jerry R. Allen, Monica R. Alonzo, TennellAtkins, Dwaine R. Caraway, Carolyn R. Davis, Scott Griggs, Sandy Greyson, Vonciel JonesHill, Angela Hunt, Delia Jasso, Sheffie Kadane, Linda Koop, Ann Margolin, and PaulineMedrano is a member of the City Council for the City of Dallas, the body which Plaintiff
PLAINTIFF'S FIRST AMENDED PETITION ANDAPPLICATION FOR TEMPORARY AND PERMANENT INJUNCTION
AGE 3
US ACTIVE:\43870483\08\99995.4210

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