FILED

15-0993
1/5/2016 3:50:23 PM
tex-8465518
SUPREME COURT OF TEXAS
BLAKE A. HAWTHORNE, CLERK

No. 15-0993
_______________________________________
IN THE SUPREME COURT OF TEXAS
_______________________________________
THE HONORABLE MARK HENRY, COUNTY JUDGE
OF GALVESTON COUNTY,
Petitioner,

v.
THE HONORABLE LONNIE COX,
Respondent.
____________________________________________________

On Petition for Review from the First Court of Appeals

at Houston, Texas.

_______________________________________________________________

PETITIONERS EMERGENCY MOTION FOR EXPEDITED

CONSIDERATION (BY 9 A.M. TOMORROW, WEDNESDAY
JANUARY 6) OF EMERGENCY MOTION TO STAY COURT OF
APPEALS MANDATE
_______________________________________________________________
TO THE HONORABLE SUPREME COURT OF TEXAS:
Petitioner, the Honorable Mark Henry, County Judge of Galveston County,
files this Emergency Motion for Expedited Consideration (By 9 A.M. Wednesday
January 6) of Emergency Motion to Stay Court of Appeals Mandate, and would
show the Court as follows:
Background
1.

On December 22, 2015, the First Court of Appeals affirmed the trial

courts temporary injunction in the underlying case and the denial of Petitioners

plea to the jurisdiction. Henry v. Cox, --- S.W.3d ----, No. 01-15-00583-CV (Dec.
22, 2015).1 Justice Harvey Brown concurred in part and dissented in part.2 Justice
Browns dissent implicates issues concerning the trial courts subject matter
jurisdiction.
2.

On December 22, 2015, the First Court of Appeals also issued its

mandate with the opinion and judgment.3 The issuance of the mandate caused the
court of appeals judgment to take effect immediately for a trial on a permanent
injunction. TEX. R. APP. P. 18.6, 51.1(b). The court of appeals issued its mandate
instantaneously even though the dissenting opinion on its face triggers this Courts
appellate jurisdiction. TEX. GOVT CODE 22.225(c).
3.

Petitioner desires to file a petition for review with this Court to seek

review of the court of appeals judgment and opinion. Because the court of
appeals already issued its mandate, a permanent injunction is certain to issue
before the parties briefing in this Court can be completed and before any decision
by this Court can be rendered; invoking potential mootness issues.

The court of appeals issued a corrected opinion the next day on December 23, 2015. The
corrected majority opinion, dated December 23, 2015, is attached to Petitioners Emergency
Motion at Stay the Court of Appeals Mandate at Tab A.
2

Justice Browns concurring and dissenting opinion is attached to Petitioners Emergency

Motion at Stay the Court of Appeals Mandate at Tab B.
3

The mandate is attached to Petitioners Emergency Motion at Stay the Court of Appeals
Mandate at Tab C.
2

4.

As a result, on December 23, 2015, Petitioner filed an Emergency

Motion to Stay the Court of Appeals Mandate with this Court. Petitioner asked
the Court for relief on an emergency basis by January 11, 2016 because that is
when the trial on the permanent injunction was set.
Updated Information
5.

On January 4, the trial court issued a notice setting a hearing for

tomorrow, Wednesday January 6, 2016 at 10:30 a.m. and required all motions to
be considered be filed today by 10:00 a.m. (Tab A.)
6.

Today, January 5, Respondent/Plaintiff Judge Lonnie Cox filed a

Motion for Contempt against Petitioner and his trial counsel for not complying
with the temporary injunction that was stayed by the underlying appeal and
potentially resulting in jail without bail. (Tab B); see TEX. R. APP. P. 29.1(b); TEX.
CIV. PRAC. & REM. CODE 6.001(b)(4), 51.014(a)(8), (b); TEX. R. CIV. P. 692.
Requested Relief
7.

As a result, Petitioner respectfully requests the Court to grant his

Emergency Motion for Stay the Court of Appeals Mandate on an emergency,

expedited basis by 9:00 a.m. tomorrow, Wednesday January 6, 2016 and to stay
all proceedings in the trial court so that Petitioner may seek review in this Court of
the court of appeals judgment and opinion by filing a petition for review. See TEX.

R. APP. P. 18.1(a). Without this requested emergency relief, Petitioner will be

effectively denied the right to seek further review in this Court.
Prayer for Relief
WHEREFORE, PREMISES CONSIDERED, Judge Henry respectfully
requests the Court to grant this Emergency Motion for Expedited Consideration
and to further grant his Emergency Motion for Stay of the Court of Appeals
Mandate on an emergency, expedited basis by 9:00 a.m. tomorrow, Wednesday
January 6, 2016; staying all proceedings in the trial court so that Petitioner may
seek review of the court of appeals judgment and opinion in this Court by filing a
petition for review. Judge Henry further prays for all other relief to which he may
be justly entitled.
Respectfully submitted,
BEIRNE, MAYNARD & PARSONS, L.L.P.
/s/ N. Terry Adams, Jr.
N. Terry Adams, Jr.
State Bar No. 00874010
tadams@bmpllp.com
Joseph M. Nixon
State Bar No. 15244800
jnixon@bmpllp.com
James E. Trey Trainor, III
State Bar No. 24042052
ttrainor@bmpllp.com

Edward L. Friedman
State Bar No. 07462950
efriedman@bakerlaw.com
BAKER & HOSTETLER LLP
811 Main 401, Suite 6111
Houston, Texas 77002
Telephone: (713) 751-1600
Fax: (713) 751-1717

Nicholas D. Stepp
State Bar No. 24077701
nstepp@bmpllp.com
BEIRNE, MAYNARD & PARSONS, L.L.P.
1300 Post Oak Blvd., 25th Floor
Houston, Texas 77056
Telephone: (713) 623-0887
Fax: (713) 960-1527
Counsel for Petitioner,
The Honorable Mark Henry,
County Judge of Galveston County

CERTIFICATE OF CONFERENCE
I hereby certify that I have conferred with Mark Stevens, counsel for the
Honorable Lonnie Cox on January 5, 2016 regarding this Motion and he indicated
that Respondent is opposed to it being granted.
/s/ Nicholas D. Stepp
Nicholas D. Stepp

CERTIFICATE OF SERVICE
I hereby certify that I have complied with the Texas Rules of Appellate
Procedure and the Local Rules of this Court and that the foregoing Emergency
Motion for Expedited Consideration of the Emergency Motion for Stay of the
Court of Appeals mandate has been electronically filed and served on all counsel
of record below in accordance with these Rules on this the 5th day of January,
2016.
Mark W. Stevens
P.O. Box 8118
Galveston, Texas 77553
markwandstev@sbcglobal.net
Counsel for Respondent
/s/ N. Terry Adams, Jr.
N. Terry Adams, Jr.

TAB A

TAB B

Filed: 1/5/2016 7:20:38 AM

JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 8450016
By: Shailja Dixit
1/5/2016 9:09:25 AM

No.15CV0583
THE HON. LONNIE COX

IN THE 56th JUDICIAL

V.
THE HON. MARK HENRY, COUNTY
JUDGE OF GALVESTON COUNTY
THE HON. KENNEHT KEN CLARK;
THE HON. RYAN DENNARD;
DISTRICT COURT OF
THE HON STEPHEN HOLMES;
THE HON. JOSEPH GIUSTI
ALL IN THEIR OFFICIAL CAPACITIES
ONLY; AND
GALVESTON COUNTY, TEXAS
GALVESTON CO., TEXAS
MOTION FOR CONTEMPT UNDER TRCP 692
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES The Hon. Lonnie Cox, Plaintiff and movant herein, and
under Tex. R. Civ.P. 692 requests that the honorable judge presiding issue either
show cause orders or attachments, commanding that The Hon. Mark A. Henry
and Joseph Nixon, Esq., appear before this Court and show cause why they should
not be held in contempt. In support, movant Cox would show the following:
1. On July 6, 2015, this court entered a temporary injunction (attached) after
having read the text of the same in open court and in the presence of
Defendant Mark A. Henry, his counsel Edward Friedman, and other persons
named below. At that time the injunction became binding under TRCP 683
on Respondent Henry , his officers, agents, servants and employees and
attorneys, and those persons in active concert or participation with tdhem
who receive actual notice of the order by personal service or otherwise.
2. The order of injunction was appealed on July 6, 2015 in Case Number 011500583-CV.
1

3. On July 7, 2015, Respondent Henry acting through attorney Edward

Friedman petitioned the Court of Appeals in 01-15-00583-CV for a stay of
the injunction. That request was denied per order of the Court of Appeals on
July 8, 2015. On December 22, 2015, the Court of Appeals issued an
opinion and judgment affirming the temporary injunction, and issued
mandate.
4. In the interval between July 6 and July 14, 2015, it appeared that Respondent
Henry and the County were preparing to obey the order. For instance, Ms.
Bonnie Quiroga was invited by HR director Peri Bluemer to fill out
paperwork to receive payments.

5. However, on July 14, 2015, Counsel Joseph Nixon entered this case by
means of a letter, attached hereto, which constituted direct and inexcusable
defiance of this Courts Temporary injunction. In that letter, Mr. Nixon
declared in substance that the interlocutory appeal suspended the
temporary injunction. That assertion was incorrect as a matter of law, and
upon information and belief was known by counsel Nixon to be a
misstatement of the law. The governing provisions are Texas Rules of
Appellate Procedure 29.2, 29.3 and 29.4, which do NOT suspend or nullify
an injunction, but which merely place enforcement power with the appellate
court.
6. In his letter of July 14, 2015, Mr. Nixon went on to state in substance that
Ms. Quiroga was not a county employee, would not receive any pay or
facilities (e.g., phone, county email, office).
7. Following Mr. Nixons letter of July 14, 2015, Respondent and those acting
in concert with him abruptly changed course. As per Mr. Nixons letter of
July 14, Ms. Quiroga was denied pay and has not been paid a salary or any
2

other compensation since that date. [Ms. Quiroga has been able to draw
retirement, an entitlement which is beyond any pretended authority of denial
by Respondent Henry.] On or about July 16, Mr. Nixon or those acting in
concert directly instructed the County Auditor, Mr. Kevin Walsh, that
Bonnie Quiroga was not to be paid.
8. On one or more occasions after July 6 and July 14, 2015, the door to the
Administrators Office on the 4th Floor of the Galveston County Justice
Center has been locked, i.e., the locks have been changed. It should be
noted that the space was unlocked only recently, i.e., after the issuance of the
Court of Appeals opinion on December 22, 2015.
9. On one or more occasions after July 6, 2015 and subsequent, upon
information and belief, Mark A. Henry informed County facilities and
Information technology (IT) personnel to absent themselves from the
County Justice Center so that requests of either Bonnie Quiroga or any of the
trial judges to provide Ms. Quiroga with phone, email or other facilities
would not be acted on.
10.On one or more occasions after July 6, 2015, Respondent Henry or those
acting in concert did not circulate a copy of the temporary injunction, as
ordered therein, but instead advised county employees by various means
that Ms. Quiroga was not a county employee of any kind and that her
directives and requests were to be disregarded. See, e.g., the memorandum
of Mark Henry, Galveston County Judge, to Kevin Walsh, Galveston County
Treasurer dated July 16, 2015. In that memo, Judge Henry referred
contemptuously to the temporary injunction as ancillary orders from
District Court, and claimed wrongly that those orders were suspended.
11.The temporary injunction of July 6, 2015, further ordered that Justice
Administration employees not be fired or otherwise reassigned. In
3

disobedience of that Order, and in an attempt to destroy the subject matter of

this litigation and thus evade the jurisdiction of the Court of Appeals and this
Court, on or about August 23, 2015, Justice Administration employees
Monica Gracia, Roger Morrison, Clint Purcell and LaTressa DuPuis and
possibly others were invited to a conference with HR Director Peri
Bluemer. The substance of the conference was to inform those workers that
the Justice Administration Department was being administratively
reconfigured and that, as of the beginning of the fiscal year (October 1) there
would be one less position than presently authorized. Those employees in
some cases were offered the option of transferring to other county
positions (e.g, in the roads or traffic division) and were told in substance by
Ms. Bluemer that two commissionersnot namedwere confident that
the lesser pay of the new positions could be adjusted to meet their current
salaries with Justice Administration.
12.Ms.Bluemer reports directly to County Judge Mark A. Henry.
13.The obvious import of the August 2015 meetings with Ms. Bluemer was that
if the employees did not promptly resign from Justice Administration and
accept employment in other capacities, they might be without a job as of
October 1, 2015.
14.The above scheme would have had two immediate effects. First, in direct
violation of the Temporary Injunction of July 6, 2015, it would reassign
most or all of Justice Administration employees and effectively abolish
Department of Justice Administration.
15.The second effectlater appreciated by one justice on the Court of
Appealswas that all of the subject Justice Administration Employees
would become at will employees at the pleasure of Mark A. Henry, a
status which could be used to secured their cooperation as witnesses in this
4

or other proceedingson pain of losing their jobs if they incurred the

displeasure of County Judge Mark A. Henry.
16. The substance of the meetings with Peri Bluemer are described in the
attached affidavits of Clint Purcell, Monica Gracia, and The Hon. Susan
Criss, former judge of the 212th District Court, who attended with and on
behalf of Ms. LaTressa Dupuis.
17.The interviews with Peri Bluemer described above were the subject of an
emergency Petition for Mandamus or Prohibition in Case No. 01-15-00797CV, In Re Lonnie Cox. When Respondent Henry asked for more time in
which to file a response, Justice Jennings of the Court of Appeals
emphatically refused that extension, explaining:
The allegations presented in the petition and supporting affidavits are
serious. See, e.g., TEX. Loc. GOVT. CODE ANN. Sec. 151.004
(Vernon 2008)(The commissioners court or a member of the court
may not attempt to influence the appointment of any person to an
employee position authorized by the court under this subchapter.);
TEX. PENAL CODE ANN. Sec. 36.05 (felony offense of Tampering
with Witness), 36.006 (felony offense of Obstruction or
Retaliation), 39.02 (offense of Abuse of Official Capaicty))Vernon
2011), 39.03 (offense of Official Oppression)(Vernon Supp. 2014).
Respondent Henry and Others relented from their plan immediately following that
action, but retain the pretended ability in the future.
18. As of this date, an executive session was scheduled for Monday, January
4, between the Commissioners and their ostensible counsel, prsesumably
Joseph Nixon. A public hearing is scheduled for 1:30 pm on Tuesday,
January 5, at which settlement of this case and funding are supposedly to
be discussed.
19.Such belated pretense at compliance does not purge the contempt or solve
the underlying problem. On at least two occasionsthe interval of July 6
5

and July 14, and the current interval of December 22 to he present

Resondent Henry and those acting in concert with him have feigned
compliance, only to reverse course when the immediate threat of sanctions
had been avoided. Movant Cox maintains that they will do so in the future,
i.e., this is a situation capable of repetition and almost certain to be repeated
in the absence of firm and decisive action by this Couet.
Prayer
Movant Cox prays that a show cause order or order of attachment be issued
whereby The Hon. Mark A. Henry and Mr. Joseh Nixon, Esq., are to appear before
the Court and show cause why they should not be held in contempt for
disobedience of the Temporary Injunction issued by this Court on July 6, 2015.

Respectfully submitted,
/s/ Mark W. Stevens
Mark W. Stevens
TBN 19184300
P. Box 8118
Galveston, Texas 77553
409.765.6306
Fax 409.765.6459
Email: markwandstev@sbcglobal.net
Counsel for The Hon.
th
Lonnie Cox of the 56 Judicial District Court

Verification--Unsworn Declaration Per TCP&RC 132.001

Of Mark W. Stevens
State of Texas
County of Galveston
1. My name is Mark W. Stevens. I am counsel of record for The Hon.
Lonnie Cox in Case No. 15CV0583; appeal case No. 01-15-00583-CV,
and No. 01-15-00797-CV. I am above the age of 21 years (born May 7
1949) and am competent in all respects to make this oath.
2. My office address is PO Box 8118, Galveston, Texas. My bar card
number is 19184300. I have prepared and read the foregoing pleading.
All statements of fact therein are based upon my personal knowledge and
are true and correct. I am counsel for Judge Cox familiar with the events
in this case since and including June 9, 2015 and in the related appellate
cases.
3. This statement is submitted under the provisions of TCP&RC 132.001
subject to penalty of perjury.
4. Executed in Galveston County, State of Texas, on the 4th Day of January,
2016.
____Mark W. Stevens_______________________
Mark W. Stevens
TBN 19184300.
Note: A signed original of this instrument is in the file of Mark W. Stevens
Certificate of Service
The foregoing was efiled and e-mailed PDF to Mr. Edward Friedman on
January 5, 2016 to Mr. Edward Friedman at efriedman@bakerlaw.com, and also
to James P. Allison (j.allison@allison-bass.com) ; Terry Adams, Jr. at the firm of
Beirne Maynard Parsons LLP (tadams@bmpllp.com) and Joseph E. Trey Trainor
at ttrainor@bmpllp.com. An additional copy of this instrument has been served via
email to Mr. Joseph M. Nixon at the firm of Bierne, Maynard & Parsons
(jnixon@bpmllp.com). The Justice Administration Department has been
requested to forward a copy of this Petition to the Hon. Sharolyn Wood .
/s/ Mark W. Stevens

List of Attachments and Attachments Follow

7

Attachments
Temporary Injunction
Letter of July 14, 2015
Memorandum of Kevin Walsh
Affidavit of Monica Gracia
Affidavit of Clint Purcell
Affidavit of Susan Criss
J. Jennings Order of 9.21.15 in No. 01-15-00797-CV.

JOHN 0: 'KINARD

CLERKDIS".IC1' COUftT

trlLmh(i'~1W'

JUL 06 ~01

~~~~~i;jIu~~

Cause No. 15CV0583

BY_

The Hon. Lonnie Cox,

Local Administrative Judge, Galveston Co.

In the District Courts of

VS.

Galveston County, Texas

The Hon. Mark Henry,

County Judge, Galveston Co.

56 Judicial District

th

ORDER GRANTING TEMPORARY INJUNCTION

th

On the 19 day of June, 2015, came on to be heard the motion for contempt and the request for
th

. a temporary injunction filed by The Hon. Lonnie Cox, Judge of the 56 Judicial District Court of
Galveston, Texas, and Local Administrative Judge for Galveston County againstThe Hon. Mark Henry,
th

County Judge, Galveston County, Texas,' in the 405 District Court. This hearing was set in the
Temporary Restraining Order signed on June 9, 2015.
All parties appeared and announced ready. With the Supreme Court denial of Respondent

Henry's motion to stay, the case proceeded.

Preliminary motions filed by Respondent Henry were heard. Respondent Henry's Plea to the

Jurisdiction was denied. Respondent Henry's Plea in Abatement was denied. Respondent Henry's

~.

Motion to Dismiss was considered well taken, and after consulting with the attorneys for both parties,

th

this case was transferred to the 56 Judicial District Court of Galveston County, Texas, by agreement

The attorneys agreed to proceed on the application for temporary injunction and postpone for

later hearing the motion for contempt. Exhibits were admitted. The Rule was invoked as limited by the

agreement of the parties and ruling of the Court.

The case was recessed at request of the pa rties until

Monday, June 22,2015.

Testimony was presented on june 22 and june23. The Temporary Restraining Order Signed in

this case was extended for an additional fourteen days per the decree signed in this cause. Closing

arguments were presented on June 25

th

At the close of arguments, the Court announcedthat the

temporary injunction was granted. A hearing to consider the injunction order to be signed was set.

Petitioner Cox is entitled to a writ of temporary injunction under the principals of equity and the

statutes of Texas relating to injunctions. Respondent Henry intentionally interfered with the

,r15-Cv -0583
DCORDER
Order

i~iilllllllllllill.!I~

independence of the Galveston County judiciary and the ability of the Galveston County judiciary to
perform its judicial functions. The Court rules
that Petitioner Cox has the probable right to recover relief in his suit that Respondent
Henry may not eliminate and attempt to control the replacement of the administrator
for the courts in Galveston County and, then, manipulate employment terms and
applicants to replace the administrator position to eliminate suitable applicants;
that Petitioner Cox and the courts of Galveston County are irreparably injured by the
acts committed by Respondent Henry, and will be irreparably injured by further acts, to
interfere with the administrative ability of the courts to perform their judicial functions;
that the last peaceable status quo should be restored pending final trial in the case; and
that, if not enjoined, Respondent Henry will continue to deny administrative support for
the Galveston County courts, further interfering with the independence of the
Galveston County judiciary and the ability of the Galveston County judiciary to perform
its judicial functions.
From the evident presented, the Court finds:
Galveston County created an administrative department to serve the administrative needs of its
courts and to assist county government in court related projects. Fourteen years ago, the judges
selected Bonnie Quiroga as the second director of Judicial Administration, and such selection was
approved by Commissioner's Court. The testimony was that Ms. Quiroga had been employed by
Galveston County for thirty years .at the time she was terminated by Respondent Henry on July 24, 2014,
so was well known by the other employees and elected officials.
The director of this hybrid judicial-governmental administrative department, called Justice
Administration, reported to the County Judge for the county government related duties and to the Local
Administrative Judge for the judicial administrative duties. The principal duties of Justice Administration
are judicial administration. This department had a Director and other employees supervised by the
Director. Offices for Judicial Administration are located in proximity to the Galveston County courts in
the Galveston Justice Center. The other employees' duties are judicial in nature. The Director reported
daily to the Local Administrative Judge. The Director also reported to the County Judge for the
government related projects.

On July 24, 2014, County Judge Mark Henry terminated the employment of the Director of
Judicial Administration from both her governmental related responsibilities as weB as her duties to the
Galveston County judiciary. Respondent Henry did not consult with the judiciary, nor did he advise the
judiciary that he intended to terminate the Director of Judicial Administration's duties performed for the
Galveston County Courts. Petitioner Cox disputes that grounds existed to terminative Ms. Quiroga.
By an Order on September 24,2014, the Hon. Lonnie Cox, local Administration Judge, signed an
order clearly stating the position of the Local Administrative Judge, and ordering that the termination of
the Galveston County Justice Administrator was void and ordered the attempt to hire a new justice
administrator to cease. No motion to set aside this order has been filed. The September 24, 2014,
order has not been set aside. The order is attached as Exhibit A.
The Court finds that Petitioner Cox has shown his probable right to recover by Respondent
Henry intentionally disregarding Judge Cox's September 24th order and by Respondent Henry's actions
to force his hand-picked candidates as the judiciary's chief administrative officer. Respondent Henry
placed his HR employee Peri Bluemer in charge of choosing the replacement Director of Justice
Administration. In her testimony, Ms. Bluemer demonstrated a lack of knowledge about courts,
administrative duties of the courts, and the nature of trust and confidence necessary in any person
holding this sensitive court position.
The Court finds that Petitioner Cox will show his probable right to recover as Respondent
Henry's HR employee used standards she designed to limit the consideration to only three applicants,
eliminating applicants familiar with the Galveston County courts and attorneys in good standing with the
State Bar, while including a wholly unacceptable applicant who could not meet the standards of integrity
necessary in such a sensitive position due to addiction to drugs and whose law license had been
suspended by the State Bar.
On short notice, the HR employee unilaterally set 3D-minute interviews of each of the three
"allowed" applicants during court hours while courts were in jury trials, emailing the judges with
instructions as to when the judges could appear for the already scheduled interviews.
TheHR employee acknowledged that the three finalists were her choice and their interviews
were set without checking with the court coordinators to ensure that the judge's trial schedules would

allow their attendance at the interviews. During the testimony of the HR employee, she did not state
that the judges would have been able to select the new director from the three chosen applicants, only
3

;1.

that they would be allowed to interview the three finalists for 30 minutes each if the judges had
appeared at the interviews she set.
The Court finds this qualification and interview process was designed to orchestrate the
selection of the replacement administrator for the courts without an open application and interview
. process and without the advice or consent of the judiciary. This justice administration answerable only
to the county judge would improperly undermine the independence of the judiciary.
The Court finds that Petitioner Cox will show his probable right to recover as the Galveston
judiciary sought support of its position on the selection of a judicial administrator. With no chief judicial
administrative officer for the Galveston courts for 60 days and without meaningful inclusion in the
process to select a successor. Petitioner Cox sought assistance of the Office of Court Administration to
obtain an opinion from the Attorney General's Office as guidance for the issues involved in terminating
and hiring court administrative employees.
In response, Respondent Henry hired a litigation attorney to bring a mandamus action in the
appellate courts attacking Judge Cox's September 24th order, informing the Attorney General's Office of
this litigation to terminate the request for an opinion on the growing dispute as to the rights of the

..

judiciary.

-=-=--
When the mandamus request was denied in April, 2015, the Galveston County courts had been
. without the administrative director since July 24,

20~ ...

The Court finds that Petitioner Cox has shown his probable right to recover when additional
requests to restore the necessary judicial administrative official resulted in Commissioner Court
"workshops" about a new position; not the hiring of an employee to perform the judicial duties, which
position continued to be vacant.
the Court finds that Petitioner Cox has shown his probable right to recover as Respondent
Henry continued to disregard Judge Cox's September 24th order; yet, proposed a new position.
Petitioner Cox's testimony was that the salary of the proposed "new" position would eliminate
candidates with the qualifications for the supervisory judicial administrator position. Petitioner Cox's
position is that by June, 2015, Respondent Henry abandoned his plan to force a hand-picked candidate
as the judiciary's chief administrative officer, yet, used the ability to set the salary for the new position
at a sufficiently low salary to continue to control the hiring process.

Respondent Henry's staff member Tyler Drummond was assigned to determine the salary for

the new judicial administrator. Mr. Drummond graduated from a Vermont law school two years ago

and did not demonstrate knowledge about courts, administrative duties of the courts, and court

administrators. He had prior experience working for the Vermont legislature.

The Court finds that Petitioner Cox has shown his probable right to recover by Mr. Drummond
setting a low salary level for the judicial administration supervisor without any expertise in court
administrator salaries, without using a unbiased approach, in his attempt to substantiate the salary level
for the "new" judicial administrator supervisor position. He performed his salary search without
including the salaries from other area counties and without input from the Galveston judiciary, or the
judiciary in any of his comparative counties.
The Court finds that Petitioner Cox has shown his probable right to recover as Mr. Drummond's
lack of knowledge of Texas and counties in Texas demonstrates his lack of qualifications to
independently establish a salary by which a candidate with sufficient qualifications for the position could
. be hired.
The Court finds that Petitioner Cox has shown his probable right to recover as Respondent

Henry's staff employee used standards he designed without sufficient expertise to establish an

appropriate salary range for such a position.

The Court finds that Petitioner Cox has shown his probable right to recover as the Drummond
salary survey process was arbitrary and designed to orchestrate the salary of the replacement
administrator for the courts at the lowest possible level, improperly undermining the independence of
the judiciary.
After ten months without a judicial administrator for the Galveston courts, Judge Cox as Local
Administrative Judge issued an order on June 8,2015, titled "Order to Effectuate Enforcement of Order
of September 24,2014," returning Bonnie Quiroga, the former Director of Judicial Administration, to her
former judicial duties. The June 8 order is Exhibit B. A time line submitted by Petitioner is attached as
Exhibit C.
On June 5, 2015, Respondent Henry had been advised of this action by the judges and advised
Ms. Quiroga would be returned to work.

The Court further finds that Petitioner Cox has shown his probable right to recover as
Respondent Henry's attempts to force his will as to employment of the judicial administrator included
the attempt to intimidate the Galveston judges by including filing complaints with the Judicial Conduct
Commission as part of the Agenda for June 9 and June 13 Commissioner's Court meetings.
The Court finds that Petitioner Cox has demonstrated the irreparable injury if a temporary
injunction is not issued as shown by the conduct of Respondent Henry, who after keeping the position
vacant for over eleven months, has attempted to stymie the effort of the judges to restore a judicial
administrator by further actions of
setting emergency Commissioner's Court meetings for Tuesday, June 9,2015, and then,
Saturday, June 13, 2015, to terminate the Justice Administration department and to
implement a new judicial administrator system with the director to be paid the disputed
Drummond salary;
by including filing complaints with the Judicial Conduct Commission as part of the Agenda
for June 9 and June 13 Commissioner's Court meetings;
changing the lock on the door of the office of the Director of Justice Administration on or
about Friday, June 5, 2015 and again after the Galveston County Sheriff opened the changed
lock;
attempting to exclude Bonnie Quiroga from the office of Director of Judicial Administration
by seeking to have the Galveston County Sheriff arrest Ms. Quiroga for trespass and by
seeking to have the Galveston County District Attorney bring criminal trespass charges
against Ms. Quiroga;
denying telephone, office space, computer service, and email access to Bonnie Quiroga;
denying payment to Ms. Quiroga by refusing to process payment requests;
sending emails to Galveston County departments heads to disregard her requests or
directives she might issue as judicial administrator for the Galveston County courts; and
on June 23, 2015, during the testimony of this temporary injunction hearing, having Deputy
Clint Purcell of Justice Administration contacted to tell him his position was eliminated.
After these actions by Respondent Henry, Petitioner Cox: filed this suit and obtained a
Temporary Restraining Order on June 9,2015, and a temporary injunction hearing setting for June 19,
2015. Respondent Henry was advised of these actions and was advised Ms. Quiroga would be returned
to work for the judges.

The Court finds that Petitioner Cox has demonstrated the irreparable injury if a temporary
injunction is not issued as shown by the conduct of Respondent Henry who attempted to stymie the
effort of the judges to restore a judicial administrator by holding an emergency Commissioner's Court
meeting on June 13, 2015, to create a new judicial admi.nistrator position at the salary level Respondent
Henry knew was at a salary level the judiciary considered arbitrarily low to attract a suitable candidate.
Petitioner Cox's position is that the judiciary in Galveston County can only obtain the services of
a judicial administrator by returning to the last peaceable status quo, before the actions of Respondent
Henry to control the selection of the person to hold this position, which improperly undermines the
independence of the judiciary.
It is therefore ORDERED, ADJUDGED, and DECREED that Respondent Mark Henry, County Judge
of Galveston County, his agents, servants, and representatives, and all those acting in concert with him,
shall restore the employment of the Justice Administration Dir~ctor Bonnie Quiroga as an employee of
Galveston County, under the same terms, judicial administrative organization, and salary scale of
employment, as employed on July 23,2014, to perform all administrative duties serving the courts of
Galveston County as performed onJuly 23, 2014, which employment shall be supervised by the
Galveston County local Administrative Judge. This injunction does not include Justice Administration or
its Director performing any duties relating to the law library, pretrial release, or recovering costs.
It is further ORDERED, ADJUDGED, and DECREED that Respondent Mark Henry, County Judge of
Galveston County, his agents, servants, and representatives, and all those acting in concert with him,
shall, instanter, perform all necessary actions to carry out the reinstatement of Bonnie Quiroga to her
positon as Galveston County Justice Administrator, including, but not limited to:
a. issuing to Ms. Quiroga a key to her office in the Justice Center;
b. directing IT to provide a computer and access to Galveston County Employee e-mail and other

systems necessary for the performance of her job duties;

c.

providing Ms. Quiroga with a phone for her office;

d. directing Human Resources to allow Ms. Quiroga to complete all paperwork necessary for her

to be reinstated, effective June 8,2015, as a full time employee; and

e- ,directing the Treasurer to reinstate, effective June 8 2015, and pay by the issuance of the

appropriate check or direct deposit to Ms. Quiroga her same salary as was paid prior to July 24, 2014.1t is
further ORDERED, ADJUDGED, and DECREED that Respondent Mark Henry, County Judge of Galveston

;(

County, his agents, servants, and representatives, and all those acting in concert with him, shall restore
the employment ofthe Justice Administration employee Officer Clint Purcell as an employee of Justice
Administration, under the same terms, administrative organization, and salary scale of employment as
employed on June 19, 2015, to perform all administrative duties serving the courts of Galveston County
as performed on June 19, 2015, which employment shall be supervised by the Galveston County
Administrative Judge and as directed by the Director of Justice Administration.
It is further ORDERED, ADJUDGED, and DECREED that Respondent Mark Henry, County Judge of
Galveston County, his agents, servants, and representatives, and all those acting in concert with him, are
hereby enjoined from
1. Taking any action on the matters:
(a) relating to application by county and district court judges for authority to appoint
administrative employees for the courts other than in compliance with this temporary
injunction;
(b) relating to justice administrator other than in compliance with this temporary
injunction;
(c) relating to Galveston County staff and agents regarding Bonnie Quiroga other than in
compliance with this temporary injunction;
(d) relating to Galveston County facilities used by Galveston County courts, court staff, and
administrative staff other than in compliance with this temporary injunction; and
(e) relating to applications to appoint court administrative employees other than in
compliance with thi.s temporary injunction .
. These are the matters contained in agenda items No. 31 (e), (h), {Il, (p), and (r) originally posted for
th

special meetings of June 9 and June 13, 2015,which was the subject of the June 9 TRO.

Pvt :(\ "tV"

2. ~g enrance to the Galveston County Justice Center by Justice Administration personnel,

including Bonnie Quiroga.
3. Preventing or impeding in any way the provision of, and the use of, computer, telephone,

and utility services to Justice Administration personnel, including Bonnie Quiroga.

4. Preventing or impeding in any way the provision of, and the use of, county equipment and

furnishings necessary to Justice Administration personnel, including Bonnie Quiroga, to perform their

administrative duties.

4. Instructing any Galveston County employees to disregard directives, instructions, or requests

of Justice Administration, including Bonnie Quiroga, to perform the duties of Justice Administration.
5. Appointing or employing any person other than Bonnie Quiroga to perform the duties of
Director of Justice Administration as directed by the Hon. Lonnie Cox, Administrative Judge of Galveston
County;
6. Reassigning or relocating any employee who was an employee of Justice Administration on
July 23, 2014, including but not limited to Bonnie Quiroga, Monica Gracia, and Deputy Clint Purcell .
7. Taking any action to prevent or impede access by Justice Administration personnel, including
Bonnie QUiroga, Monica Gracia,and Deputy Clint Purcell, to the offices occupied by Justice
Administration on July 23, 2014.
It is therefore ORDERED, ADJUDGED, and DECREED that Respondent Mark Henry, County Judge
of Galveston County, his agents, servants, and representatives, and all those acting in concert with him,
shall restore Justice Administration under the same terms, judicial administrative organization, and
salary scale of employment as existed on July 23,2014, so that Justice Administration may perform all
administrative duties serving the courts of Galveston County as performed on July 23, 2014, which
duties shall be supervised by the Galveston County Administrative Judge.
It is further ORDERED that Respondent Mark Henry immediately provide written notice by copy
of this Order to each County Commissioner and all County Department Heads and employees under the
supervision of Galveston County Commissioner's Court. This injunction does not include Justice
Administration performing any duties relating to the law library, pretrial, or recovering costs.
This case is set for trial on January 11, 2016, the date agreed to by the attorneys for both
parties. A docket control order will be issued.
Bond for this temporary injunction is set at $100. Finding that Petitioner Cox has previously
posted bond in the amount of $100, such amount shall be posted as bond for this injunction.
Disobedience of this Order is subject to the penalties provided by Rule 692, Texas Rules of Civil
Procedure.

On the approval of the bond, all writs are to issue.

Signed

~ if: I ,;z..o t5

-c;r

.1/-: ,'" 1"

10

m .

EX PARTE

IN~'-~

HONORABLE MARK HENRY

GALVESTON COUN1Y, TEXAS

AND GALVESTON COUNTY

56TH IUDICIAL DISTRICT

COMMISSIONERS COURT

On this the

2tdaYOf Sept~ber.

2014, the Administrative Judge of the Galveston

County District CollItS considered the actions of the Honorable Mark Henry and the Galveston
County Commissioners Court in tenninating the employment of the Galveston County Justice
Administrator on or about July 24, 2014, in proceeding to post the position for employment of a
new justice administrator and in proceeding to interview candidates to fill the position. The
authority to appoint end tenninate court personnel lies with the courts, no~ the county judge nor the
commissioners court and the county judge's termination of the justice administrator and proposed
selection of a replacement violates the separation of powers doctrine and inmnges on the courts'
inherent powers. These actions also violate Local Government Code Sec. 151.004 which prohibits
the county judge and commissioners court from attempting to influence the appointment ofa person
to a position authorized by the commissioners court for the department of another district, county Of
precinct officer in the county.

It is therefore ORDERED AND DECREED that the actions of the county judge and
commissioners court of terminating the employment ofthe Galveston County Justice Administrator
was a void act without legal authority and is hereby NULLIFIED and set aside. Further that the
county judge and commissioners court are ordered to cease and desist the process of attempting to
hire a new justice administrator.
1

..

EXPARTE~HENRY

AND GALVESTON COUNTY

COJvfMISSIONERS COURT

56th JUDICIAL DISTRICT

ORDER TO EFFECTUATE ENFORCEMENT OF

ORDER OF SEPTEMBER 24, 2014

''iEfe'itremembered, that on the 24th day of September, 2014, an Order was issued
by the Administrative Judge of the Galveston County District Courts nulljfYing and
setting aside the illegal and void act by the County Judge and/or the Commissioners
Court oftenninating the employment of the Galveston County Justice Administrator,
Bonnie Quiroga. To carry out the reinstatement of Ms. Quiroga to her position effective
June 8, 2015, the Court issues the following Order to effectuate the enforcement of said
Order of September 24, 2014:
The County Judge and/or the Commissioners Court and those individuals, agents
or departments acting under their direction will immediately perfonn all necessary
actions to carry out the reinstatement of Bonnie Quiroga to her position as Galveston
County Justice Administrator, including, but not limited to;
Issuing to Ms. Quiroga a key to her office in the Justice Center;
II>

Directing IT to provide a computer and access to Galveston County employee email and other systems necessary for the perfonnance of her job duties;

Providing Ms. Quiroga with a phone for her office;

., Directing Human Resources to allow her to complete all paperwork necessary for
her to be reinstated as a full time employee; and
Directing the Treasurer to reinstate and pay by the issuance of the appropriate
check or direct.deposit to Ms. Quiroga her same salary as was paid prior to her

unlawful tennination.
SIGNED on this the 8 th ,day of June, 2015.

-b-.

:--.;c..o
t.

LONNIE COX, 56th JUDICIAL DISTRICT,

ADMINISTRATIVE DISTRICT JUDGE

July 24,2014
Sept. 5,2014
Sept. 22, 2014
Sept. 24,2014
Sept. 24, 2014
Oct. 6,2014
Oct. 7, f014
Feb.4,ZOI5
Feb. 20,2015
April 14, 2015
May 12,2015
June 5, 2015
June 8, 2015
June 9,2015
June 9, 2015
June 13,2015
June 19,2015

B.Q. fired.
Email toMB
Request for AG Opinion
LC Issues Order
Finalist Interview
Invitation to Meet with Commissioners Court
. Mandamus and Stay Filed
Mandamus Denied
Rehearing for Mandamus Filed
Mandamus Denied
1st Compromise Meeting
2nd Compromise Meeting
Judges Send Notice
LC Issue Order Effectuating Enforcement
File TRO and Contempt of Court
Commissioners Court Meeting
2nd Commissioners Court Meeting
Hearing Temporary Injunction

BEIRN

MAYNARD & PARSONS, L.L.P.

1300 POST OAK BOULEVARD
SUITE 2500

HOUSTON, TEXAS 77056-3000

-.JOSEPH M, NIXON
BOARD CERTIFIED
CiVIL TRIAL LAW
TEXAS BOARD OF LEGAL SPECIALIZATION

(713) 623-0887

D,RECT D,AL: (713) 871-6809

EMAIL:

FAX (713) 960-1527

.JNIXON@8MPLLP.COM

July 14, 2015

Mark W. Stevens
Attorney at Law
P.O. Box 8118
Galveston, Texas 77553
Re:

VIA FIRST CLASS MAIL,

CERTIFIED MAIL,
FACSIMILE (409) 765-6459, AND
EMAIL markwandstev@sbcglobal.net

Cause No. 15CV0583; The Honorable Lonnie Cox, Local Administrative Judge,
Galveston Co. v. The Honorable Mark Henry, County Judge, Galveston County;
in the 56th Judicial District Court of Galveston County, Texas

Dear Mr. Stevens:

I now represent the Honorable Mark Henry in the above-referenced case and have
attached for your review a file-stamped copy of the Notice of Appeal which was filed on July 13,
2015. Because the appeal is based upon the court's denial of the plea to the jurisdiction and the
trial court's incorrect assumption of subject matter jurisdiction, the entire proceeding, including
the application ofthe temporary injunction, is stayed pursuant to Tex. Civ. Prac. & Rem. Code
S I.014(a)(8) and (b). You should further note that the filing of the notice of appeal suspended
the temporary injunction pursuant to Tex. R. App. P. 29.1 (b) and Tex. Civ. Prac. & Rem Code
6.00 1(b)(4).
Accordingly, Ms. Bomlie Quiroga will no longer be allowed access to Galveston County
facilities, office or infrastructure other than that which is accessible to the pUblic. She is, of
course, not considered an employee of the County, has no job function or duties, and will not
receive a salary or benefits from the County.
I realize it is not necessary for you to remind your client that this matter is no longer in
either his jurisdiction or the jurisdiction of the trial court, if it ever was. Accordingly, any
attempt to unilaterally enforce the temporary injunction by way of a new, ex parte verbal or
written order will be met with the most rigorous of opposition utilizing all lawful means
necessary to protect the civil rights of those who are County employees.
If you have any questions, please do not hesitate to contact me.
Very truly yours,

~l4rz'7h~

Joseph M. Nixon
2198919v.19999991114011

EXHIBIT "A" P. 1/4

Filed: 7113/20158:13:35 PM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 6048080
By: Shailja Dixit
7/14/20159:35:54 AM

CAUSE NO. lS-CV-0583

THE HON. LONNIE COX
PLAINTIFF,

v.
THE HON. MARK HENRY, COUNTY
JUDGE OF GALVESTON COUNTY,
DEFENDANT.

IN THE DISTRICT COURT OF

56TH JUDICIAL DISTRICT

GALVESTON COUNTY, TEXAS

NOTICE OF APPEAL

Defendant, The Honorable Mark Henry, County Judge of Galveston County, files
this Notice of Appeal, pursuant to section Sl.014(a)(8) of the Texas Civil Practice and
Remedies Code and Rules 2S.1 and 26.1(b) of the Texas Rules of Appellate Procedure,
and would respectfully show the Court as follows:
1.

Defendant, The Honorable Mark Henry, County Judge of Galveston County

desires to appeal this Court's Order, signed June 23, 201S, that denies his Plea to the
Jurisdiction in the above-captioned matter.
2.
Texas.

Defendant appeals to the First or Fourteenth Court of Appeals in Houston

Defendant believes this interlocutory appeal should go to the First Court of

Appeals because Defendant has previously filed a related (a) original proceeding, and (b)
interlocutory appeal in the First Court of Appeals- both arising from this same case:
a.

No. 01-14-00820-CV; In re Galveston County Judge Mark Henry, et

al.; and

b.

No. 01-15-00S83-CV; The Honorable Mark henry, Judge of

Galveston County v. The Honorable Lonnie Cox.

EXHIBIT vAP P 2/4

3.

A copy of this Notice of Appeal has been served on all parties to the

proceeding from which this interlocutory appeal is taken. See TEX. R. App. P. 2S.l(e),
28.1(b).
4.

This interlocutory appeal is an accelerated appeal under Rule 28.1 of the

Texas Rules of Appellate Procedure and is not a parental termination or child protection
case. TEX. R. App. P. 28.1, 25. 1(d)(6).
5.
trial

COUlt

This interlocutory appeal results in an automatic stay of all proceeding in the

during the pendency this appeal. TEX. Cry. PRAC. & REM CODE 51.014(b),

(c).
Respectfully submitted,
BAKER & HOSTETLER LLP
By: Iisl Edward L. Friedman
Edward L. Friedman
Texas Bar No. 07462950
efriedman@bakerlaw.com
811 Main Street
Suite 1100
Houston, Texas 77002-6111
Telephone: 713.751.1600
Facsimile: 713.751.1717
Attorney for Defendant
The Honorable Judge Mark Henry

Exhibit 'AP p, 3/4

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Notice of Appeal was
sent to all counsel of record by email and facsimile on this 13th day of July, 2015 as
follows:
/s/ Edward L. Friedman
Attorney for Defendant
The Honorable Judge Mark Henry

Ex hi bit n AII p. 4/4

MEMORANDUM

TO:

Kevin Walsh,
Galveston County Treasurer

FROM:

Mark Henry,
Galveston County Judge

DATE:

July 16, 2015

RE:

Payroll for Unfunded and Unauthorized County Positions

As you are aware, the County may not payor authorize salary disbursements to
individuals who are neither county employees nor hold positions for which the county has not
authorized payment. I have attached for your review a copy of the certified minutes from the
Commissioner's Court meeting held on June 13, 2015. As you can see from these minutes, the
Commissioner's Court voted for and issued an order removing from the budget the salary and
position of Director of Judicial Administration. Previously, Ms. Bonnie Quiroga had been
dismissed from that position, also by vote and order passed by the Commissioner's Court.
Although ancillary orders from District Courts have issued, those orders are suspended
by the application of Tex. Civ. Rem. & Prac. Code 6.001(b)(4) and 51.014(a)(8) and (b) and
Tex. R. App. 29.1 (b). Additionally, the Commissioner's Court has not voted to reinstate Ms.
Quiroga, her salary, or the position of Director of Judicial Administration. As one member of the
Commissioner's Court may not revoke or reverse the express order of a prior decision of the
Commissioner's Court, the county should not disburse any payment, salary or funds whatsoever
to Ms. Quiroga until such time as the entire Court has voted and ordered to do so. To date, a vote
to alter the Commissioner's Court orders of June 13,2015 has not occurred.

UBJECTION TO

2199867v.l 9999991114011

MEDIATION~l:.xhibi

t "B"

AFFIDAVIT OF MONICA GRACIA REGARDING MEETING WITH HUMAN RESOURCES DIRECTOR FOR
GALVESTON COUNTY

Monica Gracia appeared in person before me today and stated under oath:
"My name is Monica Gracia. I am currently employed as the Administrative Specialist in the department
of Justice Administration in Galveston County.
"On Wednesday, September 2nd, Peri Bluemer, Director of Human Resources, called me at my office and
requested a meeting for that afternoon. She did not indicate what the meeting was about. We made
arrangements to meet at 1:30 p.m. in her office. I contacted David Walker and asked him to sit with me
during the meeting and he agreed.
"We met Peri in her office and she began the conversation by stating that as I was probably aware, that
as of October 1, 2015, the Office of Justice Administration was no longer included in the county budget.
That meant that my position as Administrative Specialist would no longer be funded. She went on to say
that in a meeting back in June, the Commissioner's Court created a new Court Administration office at
the request of the Administrative judges. Included in that office were the administrative positions that
she assumed the Judges would just transfer us over to..... as of that day they remained open. She said
that she had reached out to the Administrative Judges a couple of weeks earlier and asked them to let
HR know who they wanted to fill those positions, but they have not responded. Peri said that she would
st

hate for us to come in to work on October 1 and find out that we were not longer employed, so she
was meeting with the five employees of Justice Administration that day and informing us of the current
situation. Ms. Bluemer expressed concern over me being "let go" since it seemed to her that I was the
one "running the show'" for the last year in Justice Administration. Ms. Bluemer indicated that Judge
Henry gave her the go ahead to give the five of us preferential consideration for any open positions that
we may be interested in in the County. Ms. Bluemer said she would personally speak with that
Department Head to keep me from having a break in service with the County. Ms. Bluemer also
indicated that 1 need to get her my resume as soon as possible so that she can start working on it for me.
"Ms. Bluemer stated that she was sorry that I was being put in this kind of situation, knowing the
previous battle t had with a former Judge, but that she would help in any way she could. She then asked
me if I had any questions. I told Ms. Bluemer that currently, the Office of Justice Administration had 5
employees/ not including the Director's position. I asked her if all of those positions were accounted for
in the newly created office. She indicated that "yes" there were 5 total positions and that the Director
pOSition was separate from those five.
"About an hour and a half later, I was in my office and Ms. Bluemer called again. She said that she
"made a HUGE mistake when we spoke earlier and only realized her mistake when she was in a meeting
with Roger," another Justice Administration employee. She said that she confirmed with Bob Boerner,

that there were only 5 positions created for the new department and that INCLUDED the Director. I

responded "so, what you're telling me is that someone will lose their job on October 1SI, no matter

what7"... .5he said "yes."

"Further, affiant sayeth not."

SIGNED under oath before me on

.5 c:,e:h::; ...... \0 <:-.-

\ \, d-.O

is'

Mk.o4P.& Jt.~
Notary Public, State of Texas

AFFIDAVIT OF CLINT PURCELL

STATE OF TEXAS
COlJNTY OF GALVESTON
BEFORE ME the undersigned Notary Public came on to be sworn Clint
Purcell who, being sworn, deposes and states as follows:
1. My name is Clint Purcell. I am above the age of 18 years and am
competent in all respects to make this oath. All statements herein are true
and correct and are based on my personal knowledge.
2. I hold a peace officer's license and have worked for approximately 2
years for the Galveston County Department of Justice Administration.
Before that I worked for the Galveston County Sheriff's department for
about 5 years. As a peace officer, I have 19 years experience.
3. My supervisor at Justice Administration is Bonnie Quiroga.
4. I am the same Clint Purcell who is mentioned in the Temporary
Injunction order signed by Judge Sharolyn Wood on July 6, 2015, and
specifically at page 9 Paragraph 6 of that Order.
5. On June 23,2015 at about 8:26 am, I received a call from Peri Bluemer,
who is the Director of Human Resources for Galveston County. Ms.
Bluemer stated that she had just got off the phone with Tyler
(Drummond) at the County Judge's office. Tyler Drummond is Judge
Henry's "chief of staff." Peri stated that Tyler told her as of Friday [June
26], my position as judicial compliance officer would be gone. Peri stated
5 positions were created and would be under Judge Cox' supervision.
Peri said go talk to Judge Cox and see if he would keep me in the new
position with the same pay. Peri then stated that Commissioner Dennard
talked to SheriffTrochessett, and said "if I didn't want to be with Judg e
Cox, I could go back to corrections or another position at the Sheriff's
Office. I advised Peri, No, I'm going to stay with my current job and my
commission is with the Galveston County Sheriff's Office and not
Constable Brown any more. Peri then stated that Wayne Brown
(Constable, Pct. 1) is till your Supervisor. I did not respond to comment.

Peri then said if she doesn't hear back from me by the end of Thursday,
June 25, she would draw up my termination papers. I advised Peri I
would speak with Judge Cox and get back to her.
6. On July 23,2015 pm I got a call from Peri's cell number. I tried to call
back but could not get an answer. That was at 1:22 pm.
7. It is my understanding that my situation was made known to Judge
Sharolyn Wood, who later (July 6) mentioned me in her Temporary
Injunction as one of the specific individuals who were not to be fired.
8. During the last week of August I got a call from Ms. Bluemer directing e
to come to her office at 722 Moody in Galveston. I attended a meeting
with Ms. Bluemer on September 8, 2015 at about 3 :30 pm.
9. Ms. Bluemer greeted me and asked if my attorney (Mark Stevens) was
going to be there, and that Mr. Stevens had told her he wanted the
meeting recorded. Peri started offby saying you know what's going oin.
As of September 30 (Peri said), you won't have a job unless the judges
pick you for the 5 positions they have. It is under their budget and I don't
want you to go without ajob. Peri said if there is any job in the county
you, like, let me know. I can (Peri said) plug you in there until the judges
pick for those positions, then I have no problem putting you back over
there. I fyou don't want to go to correctiosn I will help you do your
resume and find another job. Peri said call me any time day or night I'm
here for y' all. Per made reference about when I switched back to the
GCSO to hold my commission. Peri said since I didn't have a boss, that's
why I tried to move you to probation (that is, the previous June). Peri
said, I wasn't trying to get you fired. I wanted you to keep your job. Peri
said, look at y eyes, I am not lying. I just tell the truth. Peri then said she
would talk to Sheriff Trochessett on my behalf. I said no, I would do that
myself if I needed to talk with SheriffTrochessett. Peri then said all she
needed was a paper from the judges saying that they put me in the
administrative officer position.
10.1t was my perception at the September 8 meeting that Ms. Bluemer was
doing a scare tactic in order to pressure the employees (including me) to
take a job with the county outside of Justice Administration, or else to
pressure the judges into agreeing to hire me and the others at the rates set
by the County.

11. During the conversation of September 8, the topic of salary came up.
Ms. Bluemer said that got on the county website human resources page
and found ajob I liked, then she could "plug me in there" and that salary
could be modified. I do not remember her exact terms.
12.The hearings between Judge Cox and County Judge Henry began on
June 19,2015 and went on to and through June 23, 2015, on which date
testimony was ended before Judge Sharolyn Wood.

SWORN TO and subscribed by the aforesaid Clint Purcell on the

September, 2015.

/b t%Jay of

AFFIDAVIT
BEFORE ME, the undersigned authority. personally appeared Susan Elizabeth Criss
who,

being by me duly sworn stated the following under oath:

On September 2, 2015 I accompanied Latressa Dupuis to a meeting

with the

Galveston County Chief of Human Resources Peri Bluemer in Ms.

Bluemer's office at Mrs. Dupuis's request. Ms. Bluemer and Kathy

Branch were present.

Ms. Bluemer made the following statements:

/fI

1. All of the bad things being

about Judge Cox, Bonnie
Quiroga, Darren Bertin, her,
county attorney,
Mark
Henry were unfair and
untrue.
2. She had the go ahead from Mark Henry and Ryan Dennard to
speak to the 5

Justice Administration employees.

3. As of October 1 their jobs no longer existed.

4. Each county position has a unique number.
5. The new budget did not include the numbers that correspond
their jobs.
6. She explained their letter and number system of
classifying jobs.
7. She said that if the judges (referring to ones other than
Henry) did not
5 positions
commissioners
created for them then the five would not
employed.
8. The oommissioners took Bonnie Quiroga's position and her
f.ive staff positions and recreated five positions for the
judges to fill at a much lower pay.
9. She held her th11l'fib and index finger close together to
emphasize how small the pay was.
10. If any chose to apply for other jobs in the county she
would help them bypass regular process and ask
Commissi0ners Court to bump up the pay. Two on the court
told her she could expect such pay requests to be granted.
11. If any of these employe.es wanted to seek employment
outside the county she would
in
time . .o ff
work
with resumes and mock interviews.
12. The two positions available were human resources
receptionist and something in the road

13. If she could wave a magic'w-and she put all of the Justice
Administration jobs back under the Commissioners' Court. (I
explained they were never under the commissioner court.)
14. It was not fair that these employees were caught in
middle .
. She was an expert in motorcycles and employment law.
I expressed my opinions about how wrong this
tactic was. I used curse words. So she began to use some as
well.
I explained I knew she was just the messenger so my anger was
not directed at her.
She said she understood that. Our tones toward each other
remained cordial.
I
corrected her misunderstandings or misstatements of the
history of these events.
She said she would like to talk to me at a cocktail party but
this was about Mrs. Dupius.
I asked if she understood they were under court orders not to
these people, that until a higher court decided otherwise those
orders were in effect and knowing judge woods as i do, they
would all go to jail if they
proceeded with this. She did not appear concerned. She was
upbeat and cheerful the entire meeting. The meeting ended at
4:00 p.m.
My

name

is

Susan

Elizabeth

contained

herein are true and correct.

SWORN and SUBSCRIBED before me, the undersigned authority, on this

~~nv2015.

KATHY JO FOUNTAIN

Notary Publlc, State 01 Texas

MV Commission Expiras

Novemb$l 14. 2015

day of __

COURT OF ApPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name:

In re Honorable Lonnie Cox

Appellate case number: 01-15-00797-CV

Trial court case number: 15CV0583
Trial court:

56th District Court of Galveston County

On September 17~ 2015~ relator~ the Honorable Lonnie Cox, filed in this
Court a Petition for a Writ of Injunction and Emergency Request for Temporary
Relief. This Court requested that respondents file a response to the petition and
emergency request no later than Wednesday, September 23, 2015. On September
18, 2015, respondent, the Honorable Mark Henry, County Judge of Galveston
County, filed a motion to extend the time to file a response to September 29, 2015.
Relator has filed a response to respondent's motion.
In his petition, relator alleges that respondents have "conduct[ed] a
campaign of economic coercion against employees of the Galveston County
Department of Justice Administration" and threatened their employment to force
them to abandon their current jobs, dismantle the department, and moot
respondent's related appeal in Cause No. 01-15-00583-CV, The Honorable Mark
Henry, County Judge of Galveston County v. The Honorable Lonnie Cox. Relator
supports his petition with three affidavits containing testimony regarding the
employees' meetings with the Director of Human Resources for Galveston County.
The allegations presented in the petition and supporting affidavits are
serious. See, e.g., TEX. Loc. GOV'T CODE ANN. 151.004 (Vernon 2008) ("The
commissioners court or a member of the court may not attempt to influence the
appointment of any person to an employee position authorized by the court under

this subchapter."); TEX. PENAL CODE ANN. 36.05 (felony offense of "Tampering
with Witness"), 36.06 (felony offense of "Obstruction or Retaliation"), 39.02
(offense of "Abuse of Official Capacity") (Vernon 2011), 39.03 (offense of
"Official Oppression") (Vernon Supp. 2014).
Given the seriousness of the allegations presented in the petition and the
supporting affidavits, as well as the time constraints in this proceeding and the
related appeal, respondent's request for an extension of time is denied.
It is so ORDERED.

Judge's signature: lsi Terry Jennings

[8] Acting individually
Date: September 21, 2015

[J

Acting for the Court