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SAN JACINTO CENTER, SUITE 1800
98 SAN JACINTO BCI,'LE~ARD
AUSTIN, TExA578701-4039
512 472-8021
TELECOPY ONLY 512 320.5fi38
STEVE BICKERSTAFF	KATIE BOND
C ROBERT HEATH	MAN,:EL 0 MENDE7
MARTHA E SMILEY	S~~DNE` W FALK JR
THOMAS M PCLLAN	DAV!D MENDE2
ANN CLARKE SHELL	MARC~A NEwLANDS HERO
ANCREW KEVER	CATHERINE FR`!ER
CAROLYN E SNELLMAN	PATRICIA E RANT
DGUGLAS G CAROOM	LEE A KIN'ZEL
,~NDA RAKER	J GREG HUDSON
M'~RA A M~DAN'~EL	CAM „LAM 90R~:E
January 2 3 , 19 8 9 SUSAN C GENTS	vV'L_ A~J D DUCAT '~~
RCE~N A CASEY	~ES.,S SIFUENTE5
The Hon. Danny R. Edwards
Kerr County Judge
Courthouse
Kerrville, Texas 78028
Dear Judge Edwards:
This matter is one of utmost urgency.
As you may be aware, Nueces County has filed a lawsuit
against the Texas Department of Corrections asking the State to
remove convicted felons from the Nueces County Jail. A hearing
on motions for summary judgment occurred January 19, 1989 in
District Court in Travis County, Texas. I appeared at the
hearing on behalf of several counties who are not parties to the
litigation but who have an interest in certain issues that the
court might decide. The district judge permitted me to appear as
an amicus curiae ("friend of the court"}.
As a result of the pleadings and argument in this case, it
is clear that:
(1) The_ State is attempting to make this case dispositive
of all claims that Texas counties may have against TDC
in regard to jail overcrowding.
(2} If addressed by the court, the issues in the Nueces
County suit will affect the rights of all Texas
counties. The issues which the State has asked the
court to decide include:
(a) Whether the state has any duty to accept convicted
felons sentenced to TDC?
(b) Whether a county has any right to sue the state in
regard to the overcrowding of county jails?
(c) Whether the state's obligation to accept convicted
felons has been superseded because it is in
conflict with Ruiz v. Lynaugh?
(d) Whether all Texas counties (and all prisoners in
county jails) should be joined as parties to this
case?
L
Page Two
January 23, 1989
(3) The state's commitment of resources to this lawsuit
exceeds the resources available on behalf of Nueces
County to address the issues in the case.
It was my position at the hearing that the Nueces County
lawsuit can be resolved without joining all 254 Texas counties.
The state's effort to require the court to join the counties and
to ~-~in all of the prisoners in each county jail in Texas
appeared to be designed to influence the judge into deciding
against Nueces County on the merits or to delay the proceeding by
making it as confusing and complex as possible. I believe the
law clearly makes it impossible for the district court to join
other counties in this lawsuit.
Although, in my opinion, other counties cannot be
unwillingly joined as parties in this litigation, I strongly
believe that it is incumbent on those counties which are
presently confronting difficulties due to the backlog of TDC
prisoners to make sure that the issues in the Nueces County
lawsuit are not decided in a manner that could prevent other
counties from ever obtaining any relief monetary or otherwise}.
A decision that the State either has no duty to accept convicted
felons or legally can ignore that duty will significantly affect
the possibility of legislative relief as well as any future
successful court actions.
The court specifically asked that I prepare and file an
amicus brief on both the question of the joinder of other
counties and on the merits of the case. Judge Hart has given me
only until Friday, January 27, 1989 to file the brief. I
respectfully ask that you and the other members of the
commissioners court consider whether you would be willing to
share a part of the expense of preparing the amicus brief. If
you will call me, Ann Snell or Sam Clonts, we can advise you of
how many counties are participating and what the cost is likely
to be.
Please understand that this letter is written in my capacity
as an attorney who has represented the county on prior matters
and is intended to _advise you of a ~ na~at~ter that could be vital to
the county's interests. Please contact me, Ann Snell or Sam
Clonts.
Sincerely,
~~~~
Steve Bickerstaff
RSB/kkt