'Frightening': Can These Houston Lawyers Survive the $300,000 Sanction Against Them?
"It's frightening that people who spoke up against two governmental entities have been not only shut down and silenced but stomped on and things turned into a personal attack," said attorney Susan Herbert Soto.
January 30, 2020 at 11:33 AM
4 minute read
Houston attorneys, ordered to turn over financial and property records to a receiver to seize assets to pay a nearly $300,000 judgment of sanctions and attorney fees, plan to continue fighting the process.
The sanctions came from a lawsuit, Roach v. Ingram, in which the lawyers represented parents who alleged that school district officials and judges serving on the county's juvenile board were running an unconstitutional truancy court to prosecute students who had unexcused absences from school.
The court sanctioned them after finding the litigation was frivolous and brought in bad faith.
Judgment debtors Susan Herbert Soto and Carole Stewart Anhalt, Houston attorneys who played supporting roles in the litigation, said they are planning to research appellate remedies or other legal strategies to keep fighting the judgment.
Meanwhile, Deron R. Harrington, who is responsible for the bulk of the judgment, is attempting to negotiate a settlement with the defendants who won the sanctions, said his attorney, Mynde S. Eisen.
"There are some serious civil rights issues attached to this situation. It's frightening that people who spoke up against two governmental entities have been not only shut down and silenced but stomped on and things turned into a personal attack," Soto said. "That's ending up affecting our families and our financial well being."
judge O'Neil Williams of the 268th District on Wednesday appointed receiver James West of Houston to collect on the judgment.
The attorneys must provide West with four years of financial and property records. The judge also ordered them to pay what they owe under the judgment, using their nonexempt funds and property. Williams ruled that appointing the receiver was necessary because the four attorneys have avoided collection efforts so far, said a Jan. 29 court order in the case.
"Fort Bend ISD is thankful that the court recognized the District has a legitimate interest in collecting the legal fees and sanctions that were awarded to the district following this baseless lawsuit," said a statement by Jason Burdine, president of the Fort Bend County ISD board of trustees. "We agree with the judge's actions, and it is our hope to recoup some of the taxpayer funds expended in response to this litigation."
The main problem with the lawsuit was that the claims were moot from the beginning. Court records show that the county voluntarily suspended its truancy court and dismissed cases against the plaintiffs' children just after Harrington, the lead attorney, shared a draft of the lawsuit with public officials. Also, in 2015, the Texas Legislature transformed truancy from a criminal to a civil matter, which further mooted the attorneys' litigation. It also came out during the litigation that Harrington lacked sufficient evidence to prove his claims, but continued pressing them anyways, court records said.
Soto, one of the sanctioned attorneys, said she disagrees that the litigation was frivolous. It didn't matter that this truancy court had already ended when the litigation started. Fort Bend County had created a "pop-up court" once, and the litigation sought prospective relief to stop the same thing from happening in the future, she explained.
"The Fort Bend ISD trustees and the superintendent, Dr. Dupree, can take everything I own, but they can't reopen the unconstitutional truancy court," Soto said. "I'm going to pay a very stiff penalty for this victory, but in the end, it's a victory for the students in Fort Bend ISD and their families because the court no longer exists."
Anhalt, one of the sanctioned attorneys, said she feels it was improper that former 268th District Judge Brady Elliott, who has since retired, refused to step down from presiding over the case. Elliott was one of the named defendants, sued in his official capacity as a juvenile board member, Anhalt explained.
"They were insulted. In an ultra vires case, someone is challenging their authority," Anhalt said. "Open courts mean you are supposed to be able to litigate your case. We were railroaded."
Ex-attorney Percy Isgitt, who in 2017 resigned his law license in lieu of discipline, is also responsible for part of the judgment, but Texas Lawyer couldn't reach him because his phone is disconnected.
The juvenile board members' lawyer, Rusty Hardin of Rusty Hardin & Associates in Houston, didn't return a call seeking comment before deadline.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLegal Malpractice: Texas Supreme Court OKs 'Pernicious Distortion of Positions'
4 minute readEx-Six Flags CLO Lands New C-Suite Post—This Time as HR Chief
Trending Stories
- 1'Pull Back the Curtain': Ex-NFL Players Seek Discovery in Lawsuit Over League's Disability Plan
- 2Tensions Run High at Final Hearing Before Manhattan Congestion Pricing Takes Effect
- 3Improper Removal to Fed. Court Leads to $100K Bill for Blue Cross Blue Shield
- 4Michael Halpern, Beloved Key West Attorney, Dies at 72
- 5Burr & Forman, Smith Gambrell & Russell Promote More to Partner This Year
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250