Third Court to Hear FLDS Mandamus April 29
It turns out that Tuesday's post about FLDS appeals coming to Austin was timely. According to this press release and what I can gather from the Third Court of Appeals' web site, lawyers for Texas RioGrande Legal Aid filed a mandamus petition yesterday asking the court to order District Judge Barbara Walther to hold hearings at which each family would be able to respond to allegations of abuse before the children are placed in foster care in locations throughout the state.
A panel consisting of Chief Justice Law and Justices Pemberton and Waldrop will hear argument in In re Sara Steed, et al. (No. 03-08-00235-CV) on April 29 at 2:00 p.m. The house should be packed.
Update: The Supreme Court of Texas Blog and a commenter to this post point out that the order setting argument is addressed to the motion for temporary relief, rather than the mandamus petition itself. It's an unusual development for an extraordinary case.
4/25/08 Update. The oral argument has been canceled. The court has taken no action on the mandamus petition.
Slight correction: The response to the motion for emergency relief is due the day before. The response to the petition isn't due until May 2. (Per tele discussion with clerk)...
There is one more cause number as well:
03-08-00236-CV
http://www.3rdcoa.courts.state.tx.us/opinions/case.asp?FilingID=13737
I deleted the reference to the response date to avoid confusion. (I've never seen a case in which a response was due after oral argument.)
Interestingly, the online docket says nothing about a motion for emergency relief or oral argument under the other cause number.
ORDER
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The Relators' Emergency Motion for Stay Pending Review of Petition for Writ of Mandamus is hereby set for oral argument on April 29, 2008 at 2:00 p.m. in the courtroom of the Third Court of Appeals in Austin, Texas. The [DFPS] is requested to file a response to the emergency motion to stay on or before April 28, 2008, at 12:00 noon. Relators are requested to file any supplemental materials or record in support of their emergency motion to stay on or before April 28, 2008, at 12:00 noon. The [DFPS] is also requested to file a response to the Relator's Petition for Writ of Nandamis on or before May 2, 2008, at 5:00 p.m.
It is so ordered April 23, 2008.
Before Chief Justice Law, Justices Pemberton and Waldrop.
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This order did not satisfy Mr. Doggett. He asks to preserve the status quo rather than railroading ahead with foster care placement in his Motion to Reconsider Emergency Motion for Stay Pending Review of Petition for Writ of Mandamus.
This was filed today (4/24) at approximately 11:13 a.m. and as of approximately 5:00 p.m., no order has been handed down for this.