By Peyton Wolcott EdNews.org
www.peytonwolcott.com

Part 1: TIME TO CALL A SLAP IN THE FACE A 'SLAPP' - PART I

To understand clearly why LTISD v. Lovelace qualifies as a "strategic lawsuit" we must look at the attorney LTISD engaged to file the suit, Bracewell & Giuliani partner J. David Thompson, III.

Who is Dave Thompson?


In addition to being arguably the highest-profile education lawyer in Texas today, it seems that every time there's any kind of public education event anywhere in Texas, David Thompson's there--and paid generously to be so by Texas taxpayers, right down to the 1/6th or 1/10th minute or however they're billing over at Bracewell these days.

From his official resume at left, we observe a few key points: He served as general counsel for the Texas Education Agency and worked for the Texas Association of School Boards as associate executive director. He also works for the Fast Growth Schools Coalition. Then there's his trial work.

Two pricey trials at taxpayer expense

First came Edgewood IV in which "on behalf of the TASB Legal Assistance Fund, Mr. Thompson represented 263 school districts in Edgewood ISD v. Meno...challenging the constitutionality of the Texas public school finance system." (SOURCE--Bracewell & Giuliani)

Thompson, who lives in Houston, also worked the Robin Hood trial in Austin in August/September 2004, representing the West Orange-Cove Intervenors, which challenged the constitutionality of Texas's public school funding system--and generated the following attorney comments, "Never had a chance," and "Bad law, bad representation," and "A waste of time."

The mo'money mantra*

Basically, the public school districts Thompson represented wanted to be able to tax their taxpayers as much as they wanted, with no limits set by the Legislature.

Mike'n'David

Thompson has also been in the news as the result of his working relationship with Texas Education Commissioner Mike Moses, later Dallas ISD supe. Moses took early retirement from DISD when the relationship came to light. (More lower right in lilac sidebar.)

While the working relationship may have been legal, experts in the field quoted by the Dallas Morning News faulted it on moral grounds:

1. John Leonard, former Missouri school superintendent: "I could not do what he is doing and pass a review of appropriateness with our state ethics board. I'm not passing judgment from a thousand miles away because our cultures are different and I don't know what goes on there, but it's something I would not do."

2. Robert P. Lawry, director of the Center for Professional Ethics at Case Western Reserve University in Cleveland, saying the argument that the school board knew about Moses' relationship with Bracewell rings hollow: "My reaction is that even though it's transparent and the board signed off on it, we've seen some boards sign off on some stupid things. That doesn't rectify it. The cure is not transparency but prohibition.

" (SOURCE--Dallas Morning News)

Hat trick question o'the day

Given that David Thompson is paid almost six figures for representing the Texas Association of School Administrators (TASA--or "the supes' union as it's better known more or less affectionately in these here parts), and given that most superintendents appear to prefer dental work with no anaesthesia to producing public records of how they're spending taxpayer dollars, and to the extent that they are effectively Texas' single most powerful education lobby, wielding far more real power than the teachers' unions can ever dream of--a hat trick question arises.

Is it possible that LTISD v. Lovelace is not only a SLAPP on behalf of David's hat as LTISD legal counsel but, ominously, a SLAPP on behalf of the ten-gallon Stetson David Thompson wears when representing TASA?

The attorney who prevailed against Thompson weighs in "The LTISD lawsuit against the Lovelaces is clearly a SLAPP suit, designed to stifle the Lovelaces' efforts to extract public information from the LTISD and use that information to hold the LTISD accountable to its citizens," says Bill Aleshire, Jennifer Riggs' law partner in the firm Riggs & Aleshire. "There being no specific prohibition against a SLAPP suit in Texas law, that is a secondary argument against the LTISD lawsuit. The best and successful argument is that the LTISD's lawsuit failed to state any cause of action against the Lovelaces known to Texas law."

One busy guy

At the end of the day, with as many hats as David Thompson wears--and we haven't even mentioned his representation of Houston ISD and several other Texas public school districts--at least when Thompson goes home at night we and he can all take comfort in knowing that he doesn't have to do his own yardwork.

One way or another Texas taxpayers take care of that.

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* "Mo'money mantra" is a hybrid term for whose origins we all have to thank San Antonio Express-News columnist par excellence Roddy Stinson, me most especially. In talking with Roddy, he recalls writing "Mo'money" and somehow I added "mantra." Roddy is not only a true wordsmith but he also makes a lot of sense. Such is his following in San Antonio that he calls them "Roddy's Rangers," folks who let him know what's going on in and around San Antonio. Here's a link to Roddy's SAEN columns: http://www.mysanantonio.com/news/columnists/rstinson/storyindex.html

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SLAPP SUIT VITALS

Lake Travis Independent School District, Plaintiff
Attorneys:
J. David Thompson, III
Susan K. Bohn
Bracewell & Giuliani

vs.

David and Melissa Lovelace, Defendants
Attorneys:
Jennifer S. Riggs
William Aleshire
Riggs & Aleshire

Cause No. D-1-GN-06-003726

In the District Court of Travis County, Texas

126th Judicial District

PETITION AND TEMPORARY INJUNCTION

++++++++++++++++++++++++++++++++

Eanes Independent School District, Friends of the Court

Attorneys:
James R. Raup
McGinnis, Lochridge & Kilgore

AMICUS CURIAE BRIEF OF EANES INDEPENDENT SCHOOL DISTRICT IN SUPPORT OF PLAINTIFF'S PETITION AND TEMPORARY INJUNCTION

SLAPP SUIT ATTORNEY HIRED BY LTISD

After the above-referenced lawsuit was filed, Bracewell attorney Susan Bohn was hired by Lake Travis ISD as their in-house counsel; base salary: $92,000.

ROCKY COMMENTS

"Susan's broad range of experience at Bracewell & Giuliani has prepared her well for the newly created position with the District."

CITIZEN COMMENTS

"If Rocky'd hired an attorney that won, this I could understand," said one Lakeway resident. "But to hire an attorney from the losing side--huh?"

COMING MONDAY: LTISD v. LOVELACE - TIME TO CALL A SLAP IN THE FACE A 'SLAPP' - PART III, A Closer Look at Eanes ISD's Amicus Curiae Brief