HILDER & ASSOCIATES, P.C. ATTORNEYS AT LAW 819 Lovell Boulevard Houston, Texas 77006-3905 _________ Telephone (713) 655-91 11 l-‘acsimi1e(713)655-9112 www.hildcrlaw.com Apr1121,2017 {W'fim‘ "at" :; _. " ctr-xi, '1'“: w; LL Hand Delivery ‘- J C.) ‘”' - 3: d. a? m 0. ‘1 N '— Chris Daniel, Harris County District Clerk Harris C0. Civil Courthouse 201 Caroline St, 4th Floor Houston, Texas 77002 RE: Warren Kenneth Paxton, Jr.; Nos. 416-81913-2015, 416—82148—201 5, and 416-82149-2015, Collin County District Court State v. Dear Mr. Daniel: captioned The undersigned counsel represents Warren Kenneth Paxton, Jr., in the above criminal cases. These cases were originally filed in Collin County, but venue was ordered 2017 transferred to Harris County by the Honorable Judge George Gallagher on April 11, from the (Attachment “A”). We request to be notified as soon as the case files are transmitted Criminal Collin County District Clerk’s Office to your Office as required by Texas Code of to the assigned numbers case new Procedure Article 31.05. We also request to be notified of the keeping in all are assigned, cases as well as the Harris County district court to which the cases 31.05 and 31.09 in Articles and Procedure Criminal with Chapter 31 of the Texas Code of particular. venue in the On April 1, 2017, Judge Gallagher issued a written order transferring Texas Code of Criminal referenced cases to Harris County, Texas, under Chapter 31 of the the transferring clerk’s upon Procedure.l When such an order is filed, it becomes incumbent the defendant’s bond, office (Collin County) to prepare a certified copy of the transfer order, to the district clerk in the together with all the original papers in the case, and to send them “Where an order for change of receiving county. Specifically, Article 31.05 provides that: 1 allow the Court to transfer venue of these cases to a The order further noted that “The parties have agreed to the the record, this is not completely accurate. While county that does not adjoin Collin County, Texas.” For not agree to did certainly defense the county, non-contiguous a defense did not object to venue being trans ferred to for defense objects, continues to object, and has preserved the transfer. The defense stated on the record that “[t]he not does Defense the Com, the having been ordered by appeal its objection to change of venue. But venue change Defendant‘s non—objection to Harris County is County. Harris non-contiguous to transferred being object to venue non-contiguous county, is based solely on the convenience limited only to his willingness to have the case tried in a to the Court’s order to change venue or any of the parties, and shall not be construed as a waiver of his challenge Code of Criminal Procedure.” other right that he might have under Chapter 31 of the ‘ Chris Daniel, Harris County District Clerk April 21, 20l7 Page 2 venue of any court in any criminal cause in this State has been made the clerk of the court where the prosecution is pending shall make out a certified copy of the court’s order directing such change of venue, together with a certified copy of the defendant’s bail bond or personal bond, together with all the original papers in said cause and also a certificate of the said clerk under his official seal that such papers are the papers and all the papers on file in said court in said cause; and he shall transmit the same to the clerk of the court to which the venue has been changed.” Further, Article 31.09 provides, in pertinent part, that “[i]fa change in venue in a criminal case is ordered under this chapter, the judge ordering the change of venue may, with the written consent ofthe prosecuting attorney, the defense attorney, and the defendant, maintain the original case number on its own docket, preside over the case, and use the services of the court reporter, the court coordinator, and the clerk of the court of original venue.” The direct implication of this provision is that upon receipt of the case file, the clerk’s office (Harris County) shall assign the case to a particular Harris County district court in the manner and as it would with any new criminal case filed in Harris County unless the parties agree to maintain the original case number and the original presiding judge. did by By this letter, Paxton respectfully advises the Harris County District Clerk, as he consent written statutorily-required the give not will court filing last week, that he has not and under Article 31.09 to allow the Honorable George Gallagher or his court staff to continue to to preside over the matter in Harris County. Further, Paxton has not and will not give his consent allow the Collin County Clerk’s Office to remain the clerk over these cases or to allow the original Collin County case number to be used. Accordingly, Paxton requests that the Harris and as it County District Clerk assign these cases to a Harris County district court in the manner case would with any new criminal case filed in Harris County immediately upon receipt of the Clerk’s Office District files and those documents required to be sent to it from the Collin County pursuant to Article 31.05.2 Likewise, please let us Please let us know if you have any questions regarding the above. requests made those know the Harris County District Clerk’s Office intends to not abide herein, which requests are mandated by statute. if ,..__.._————-—-——-—-~——‘ Philip H. Hilder Dan Cogdcll Bill Matcja Heather Barbieri Mitch Little Harris Co. Random Assignment System as described in the Felony cases are assigned pursuant to the Automatic Direct Filing Order. 2 Chris Daniel, Harris County District Clerk April 21, 2017 Page 3 CC: Judge Olen Underwood Presiding Judge, Second Administrative Judicial Region 301 N. Thompson, Suite 102 Conroe, Texas 77301 Judge Susan Brown Presiding Administrative Criminal Law Judge, Harris County, Texas 185th District Court 1201 Franklin Ave, 17th Floor Houston, Texas 77002 Lynne Finley Collin County District Clerk Collin County Courthouse 2100 Bloomdale Rd. McKinney, Texas 12132 Mr. Kent A. Schaffer Mr. Brian W. Wice Ms. Nicole DeBordc NO, 416-81913-2015 NO. 416-82148-2015 NOT 416-82149-2015 IN THE DISTRICT THE STATE OF TEXAS VS. COURT COLLIN COUNTY. TEXAS AAA/\A 416“ JUDICIAL DISTRICT WARREN KENNETH PAXTON, JR. SUPPLEMENTAL ORDER ON MOTION FOR CHANGE OF VENUE On the 29th day of March, 2017, the Court granted the State's Motion for Change of Venue. The Court has heard all objections presented by counsel for the Defendant and those objections are OVERRULED. The parties have agreed to allow the Court to transfer venue of these cases to a county that does not adjoin Collin County, Texas, The Court does NOT consider this agreement to constitute any waiver of the defense objections to the Caurt changing venue and all defense objections remain OVERRULEDA IT IS THEREBY ORDERED that venue for trial on the merits of these cases is transferred to Harris County, Texas. A scheduling order for date of trial and discovery deadlines will be issued by the Court as soon as they are established. SIGNED THIS 11th day of April. 2017. 3.1. - JUDGE P ESIDING NO. 416-81913-2015 NO. 416-82148-2015 NO. 416-82149-2015 THE STATE OF TEXAS VS. WARREN KENNETH PAXTON. JR IN THE DISTRICT COURT )( )( )( )( )( COLLIN COUNTY. TEXAS 416TH JUDICIAL DISTRICT ORDER 0N STATE'S MOTION FOR CHANGEOF VENUE On the 29th day of March, 2017, the Court, concluded the hearing on State's Motion for Change of Venue. The Court, having heard the evidence. reviewed all pleadings regarding this motion, arguments of counsel. and applicable law, finds that State's Motion should be GRANTED. Pursuant to Article 31.02 of the Code of Criminal Procedure. the Court will transfer venue to an appropriate adjoining district to be determined at a later date. Trial on the merits which was set for May deadlines imposed based upon the May 1. 1. 2017 is postponed. All filing 2017 are postponed. The Court will reset a trial date upon determination of the county of venue. SIGNED THIS 30th day of March, 2017. JUDGE aRESIDING 3