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Lawmakers put cases on hold during session

Critics claim some attorneys abuse practice to delay trials.
By Danny Yadron
AMERICAN-STATESMAN STAFF
Friday, June 05, 2009

In January, divorce lawyer James W. Piper received a letter from Rep. Burt Solomons, R-Carrollton:

"As you may or may not be aware, I am a member of the Texas Legislature. ... I would appreciate you calling my office and checking my availability before scheduling any matters in this case."

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The letter, dated Jan. 12, was sent the day before the 140-day legislative session started.

Solomons, a specialist in business and real estate law, had just jumped on as co-counsel in Capitol lobbyist Angelo Zottarelli's divorce case. Piper represents his wife, Martha Alice Zottarelli, and knew Solomons' addition to the legal team meant the year-old case wouldn't go to court before July 1, 30 days after the legislative session.

Monday's adjournment means Solomons is soon due back in court — along with 20 other lawmakers who filed for delays in cases they worked as attorneys this year.

The extensions, known as legislative continuances, allow legislators who double as lawyers to push back court dates scheduled during the session and the 30 days before or after it. As long as a senator or representative joins a case within a month of a court appearance, the judge must grant the request.

Critics have said the privilege results in abuse and court backups.

"It's difficult to be an attorney during the session sometimes," said Andrew Wheat, research director for Texans for Public Justice, a government watchdog group. "But once you've created that automatic continuance, you've also created the opportunity for abuse."

Angelo Zottarelli initially hired high-profile Austin divorce attorney Becky Beaver when his case began in January 2008. It went on for a year until Solomons took over as lead counsel and immediately filed a continuance.

Solomons and Zottarelli said their association is the result of a 15-year friendship and the need for a lawyer with real estate experience in what has become a drawn-out divorce.

Piper said divorce lawyers, including Beaver, handle real estate issues on a regular basis.

"Becky Beaver is one of the premier family law specialists in Central Texas, if not the state," said Piper, who has worked such cases for more than 30 years. "It's difficult to see anything that's unique" in this case.

Lawmakers first gave themselves the continuance in 1929. In the past, companies involved in lawsuits would hire legislators to join the legal defense team just before a session began, Wheat said. The case would then be delayed until summer (or later if the governor called a special session), and the lawmaker would usually drop the case without spending a day in court, he said.

But such abuses are less common now, said Tom "Smitty" Smith, state director of Public Citizen, a consumer advocacy group.

In 2003, Gov. Rick Perry signed a bill that requires lawmakers to file copies of legislative continuance motions with the Texas Ethics Commission.

The documents aren't required to include information such as when lawmakers took a case or how much work they've done, but the reforms have been enough to reduce the number of continuances, Smith said.

A review of commission files showed legislators — 66 of the 181 lawmakers are lawyers — have sought about 122 continuances because of this session.

That compares with 155 filed before or during 2007's regular session and 319 from the 2005 session. Lawmakers went on to file more continuances during the 30 days after the session in both of those years.

As of Wednesday, Rep. Roberto Alonzo, a Dallas Democrat and criminal defense lawyer, had requested 42 of this session's continuances, including multiple extensions for several clients and continuances for two of his children in Dallas and Zavala counties.

Alonzo said most of the cases involve misdemeanors. His son's case in Dallas County Truancy Court is about a failure to attend school charge, the court clerk said.

"I use it judiciously," Alonzo said. "It's my client. I want to do the best for them."

In cases when a client wants to delay a trial for more subjective reasons, it seems that bringing a legislator on board is used as a guarantee for more preparation time.

Kentucky-based Lexington Insurance Co. hired Rep. Craig Eiland, D-Galveston, as a co-counsel in a lawsuit filed by a Houston condominium association, exactly one month before a Feb. 23 trial date. The motion for a continuance describes how Lexington needs more time to prepare for new and additional claims in the suit. Toward the end, it mentions that because Eiland now works the case, "a continuance is mandatory."

"I'm a damn good lawyer," said Eiland, a former vice chairman of the House Insurance Committee. "But I'm not quite so naive to believe (being a representative) didn't hurt."

Lexington representatives did not return repeated calls for comment.

Eiland said he plans to be in court July 7 and that he has prepared 15 witnesses.

As for Zottarelli's case, Solomons said it's simple.

"He's my friend," said the chairman of the House Committee on State Affairs. "He asked for my help."

This session, Solomons helped persuade Zottarelli to hold weekly dinners for a select group of lawmakers at the lobbyist's office near the Capitol. The dinners died off as legislative activity picked up, but members could still be seen sipping drinks and smoking cigars on Zottarelli's porch toward the session's end. All told, Zottarelli spent about $15,000 on food and beverages this session, according to Ethics Commission fillings.

When asked if he plans to be working the divorce case after the session ends, Solomons said, "As far as I know, I am. Unless he fires me."

Current law requires the signed motions to include a declaration that lawmakers will "actively participate" in the case and have not taken the job to buy a client more time.

That's not enough, said Smith, who says the practice should be abolished.

"Most legislators could easily give their conflicted cases to other people in the community or their partnership," he said. "Unfortunately, the misdeeds of a few have created a problem for the rest."

Solomons returns to trial July 13. He said he plans to ask for another extension.

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