ACCEPTED 05-17-00634-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 6/8/2017 11:10:55 PM LISA MATZ CLERK IN THE COURT OF APPEALS FIFTH DISTRICT OF TEXAS AT DALLAS No. ________________ IN RE COUNTY FILED IN 5th COURT OF APPEALS DALLAS, TEXAS COLLIN COUNTY, TEXAS, 6/8/2017 11:10:55 PM MATZ COMMISSIONERS, RELATOR LISA Clerk On Appeal from the 416th Judicial District Court Collin County, Texas Trial Court Cause Nos. 416-81913-2015, 416-82148-2015,416-82149-2015 PETITION FOR WRIT OF MANDAMUS AND ORDER THAT SECOND ORDER ON PAYMENT OF ATTORNEY'S FEES TO ATTORNEY'S PROTEM IS VOID Clyde M. Siebman Texas Bar No. 18341600 clydesiebman@siebman.com SIEBMAN, BURG, PHILLIPS & SMITH, LLP 300 North Travis Sherman, Texas75090 (903) 870-0070- Telephone (903) 870-0066 -Fax Bryan H. Burg Texas Bar No. 03374500 bryanburg@siebman.com SIEBMAN, BURG, PHILLIPS & SMITH, LLP 4949 Hedgcoxe Road, Suite 230 Plano, Texas 75024 (214) 387-9100- Telephone (214) 387-9125- Fax ORAL ARGUMENT REQUESTED IDENTITY OF PARTIES AND COUNSEL RELATOR: Collin County, Texas, County Commissioners COUNSEL FOR RELATOR: Clyde M. Siebman Texas Bar No. 18341600 clydesiebman@siebman.com SIEBMAN, BURG, PHILLIPS & SMITH, LLP 300 North Travis Sherman, Texas75090 (903) 870-0070- Telephone (903) 870-0066 -Fax Bryan H. Burg Texas Bar No. 03374500 bryanburg@siebman.com SIEBMAN, BURG, PHILLIPS & SMITH, LLP 4949 Hedgcoxe Road, Suite 230 Plano, Texas 75024 (214) 387-9100- Telephone (214) 387-9125- Fax RESPONDENT APPOINTED PRESIDING JUDGE OF THE 416TH Hon. George Gallagher 396th District Court Tarrant County, TX 40 1 W. Belknap Street Fort Worth, Texas 76196 JUDICIAL DISTRICT COURT, COLLIN CO., TX: DEFENDANT: Warren Kenneth Paxton, Jr. DEFENDANT'S COUNSEL: Philip H. Hilder Q. Tate Williams Paul L. Creech Hilder & Associates, P.C. 819 Lovett Blvd. Houston, Texas 77006 Dan Cogdell Cogdell Law Firm, PLLC 402 Main Street, 4th Floor Houston, Texas 77002 William Mateja Polsinelli, P.C. 2950 N. Harwood, Suite 2100 Dallas, TX 75201 Terri Moore 300 Burnett St., Ste. 160 Fort Worth, TX 76102-2755 Heather J. Barbieri Barbieri Law Firm, P.C. 1400 Gables Court Plano, Texas 75075 J. Mitchell Little Scheef & Stone, LLP 2600 Network Blvd., Ste. 400 Frisco, TX 75034 ATTORNEYS PROTEM, COUNSEL FOR THE STATE OF TEXAS: Kent A. Schaffer I Nicole DeBorde 712 Main, Suite 2400 Houston, Texas 77002 Brian Wice 440 Louisiana St., Suite 900 Houston, Texas 77002-1635 11 TABLE OF CONTENTS IDENTITY OF PARTIES AND COUNSEL ............................................. i TABLE OF CONTENTS ...................................................................................... iii TABLE OF AUTHORITIES .................................................................................. v INTRODUCTION ................................................................................................. ! STATEMENT OF THE CASE ...............................................................................4 STATEMENT OF JURISDICTION ....................................................... 5 ISSUES PRESENTED ....................................................................... 5 STATEMENT OFF ACTS .................................................................. 6 SUMMARY OF THE ARGUMENT ..................................................................... 11 ARGUMENT AND AUTHORITIES ..................................................................... l5 A. The Order Should be Found to be Void, a Writ of Mandamus Issued, and the Order Vacated, Because it Approves Fees in Excess of the Fee Schedule and Requires Payment on an Interim Basis •................................................................................... 15 B. The Court Had No Discretion to Interfere with the Commissioners Court's Exercise of its Own Non-delegable Authority and Duties ........................................................................................................... 19 C. The Court Had No Discretion to Adjust the Attorneys· Fee Upward Beyond the Maximum Amounts Allowed Under the Fee Schedule Set Forth in the Collin County Local Rules to Implement the Texas Fair Defense Act ............................................................................................26 D. The Court Had No Discretion to Order an Interim Fee Payment ............................................................................................. 30 E. Relator Has No Adequate Remedy at Law ................................. 31 iii PRA.YER••••.••••..•..•...•••.••~••••••.••••••.....•..••••••••••.••.•.........•••••••.••...•...•..•.••.••.•.•....•...•.•••34 iv TABLE OF AUTHORITIES Busby v. State, 984 S.W.2d 627 (Tex. Crim. App. 1998) .............................. 15 Criderv. Cox, 960 S.W.2d 703 (Tex. App.-Tyler 1997, writ denied) ............... 24 Custom Corporales, Inc. v. Sec. Storage, Inc., 207 S.W.3d 835 (Tex. App.-Houston [14th Dist.] 2006, no pet.) ............................................... 18 Dickens v. Court ofAppeals for Second Judicial District, 727 S.W.2d 542 (Tex. Crim. App. 1987). ...................................................................30 Duncan v. Pogue, 759 S.W.2d 435 (Tex.1988) ........................................ 29 Henry v. Cox, --- S. W.3d ----, Tex., 2017 WL 2200344, at *7 (Tex., May 19, 2017) ............................................................. 19, 25,29 In re Bonilla, 424 S.W.3d 528, 533 (Tex. Crim. App. 2014) ........................ 17 In re Burlington N. and Santa Fe Ry. Co., 12 S.W.3d 837 (Tex. App.Houston [14th Dist.] 2000, no pet.) ...................................................... 18 In re Davis, 990 S.W.2d 455, 457 (Tex. App.-Waco 1999, orig. proceeding) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 In re Dickason, 987 S.W.2d 570 (Tex. 1998) .......................................... 17 In reEl Paso Cnty. Comm 'rs Court, 281 S.W.3d 16 (Tex. App.-El Paso 2005, orig. proceeding). . ................................................................. .32 In re Keeling, 227 S.W.3d 391 (Tex. App.-Waco 2007) ............................ .34 In re McCann, 422 S. W.3d 701 (Tex. Crim. App. 2013) ............................. 16 In re Medina, 415 S.W.3d 291 (Tex. Crim. App. 2015) .......................... 17, 33 In re Southwestern Bell Tele. Co., 35 S.W.3d 602 (Tex. 2000) ...................... 18 In reState ex rei. Weeks, 391 S.W.3d 117 (Tex. Crim. App. 2013) ............ 17, 33 v In reUnion Pac. Res. Co., 969 S.W.2d 427 (Tex. 1998, orig. proceeding) ....... 31 Gray v. Robinson, 744 S.W.2d 604 (Tex. Crim. App. 1988) ........................ 30 Gray Cnty. v. Warner & Finney, 727 S.W.2d 633 (Tex. Civ. App.-Amarillo 1987, no writ) ............................................................................... 28 Johnson Radiological Grp. v. Medina, 566 S.W.2d 117 (Tex. Civ. App.-Houston [14th Dist.] 1978, no writ) ................................................................ 33 Kozacki v. Knize, 883 S.W.2d 760 {Tex. App.-Waco 1994, orig. proceeding) ... 33 Mayad v. Rizk, 554 S.W.2d 835 (Tex. Civ. App.-Houston [14th Dist.] 1977, writ refd n.r.e.) ........................................................ 18 Smith v. Flack, 728 S.W.2d 784 (Tex. Crim. App. 1987) ............... 17, 24, 30, 33 Smith v. McCoy, 533 S.W.2d 457 (Tex. Civ. App.-Dallas 1976, writ dism'd) ..... 23 State Bd. ofIns. v. Betts, 315 S. W.2d 279 (Tex. 1958) ........................... 17, 30 State ex rei. Holmes v. Court ofAppeals, 885 S.W.2d 389 (Tex. Crim. App. 1994). ..................................................................................33 Texas Fire and Cas. Co. v. Harris County Bail Bond Bd., 684 S.W.2d 177 (Tex. App.-Houston [14th Dist.] 1984, writ ref' d. n.r.e.) ........ 18 Walker v. Packer, 827 S.W.2d 833 (Tex. 1992, orig. proceeding) .................. .31 Wichita County v. Bonnin, 182 S.W.3d 415 (Tex. App.-Fort Worth 2005, pet. denied) ................................................................... .... 20, 25 Statutes Texas Fair Defense Act ............................... ,5, 6,7, 11, 12, 14,15, 26, 30, 39 Texas Constitution, Article V, Section 8 ....................................... 20, 24, 25 Tex. Loc. Gov't Code§ 113.064(a) .......................................... 14, 21, 22,23 VI Tex. Loc. Gov't Code§ 113.065 ......................................................... 21 Tex. Loc. Gov't Code§ 115.021 ............................................... .14, 20,23 Tex. Code Crim. Proc. Art. 2.07(c) ....................................... 7, 9, 13, 15, 16 Tex. Code. Crim. Proc. Art. 26.05(b) .................. 2, 7, 12, 13, 14, 15, 16, 18,22 Tex. Code. Crim. Proc. Art. 26.05(c) ............................................... 2, 7, 8, 12, 13, 15, 16, 18, 22, 26, 29, 30,31 TEX. GOV'T. CODE§ 22.221(a) ......................................................... 5 TEX. GOV'T. CODE § 22.221 (b) ......................................................... 5 TEX. GOV'T. CODE § 2251 .................................................... 2, 4, 7, 16 Tex. R. App. P. 52 .......................................................................... .5 SRC-JBJ S.B. 7 77(R) Bill Analysis ................................................ 27, 39 Vll INTRODUCTION Collin County, Texas, requests the Court to issue a writ of mandamus and vacate as void the Second Order on Payment of Attorney Fees to Attorneys Pro Tern ("Order") entered by Hon. George Gallagher, on or about January 9, 2017, or mandamus Judge Gallagher to do so. At the time the Order was entered, Judge Gallagher was presiding. by assignment in the 416th Judicial District Court of Collin County, Texas. At the request of the attorneys pro tern, Judge Gallagher signed the Order requiring payment of attorney fees. The Order substantially exceeds any amount that could be properly calculated using the Fee Schedule contained in the Collin County Local Rules to Implement the Texas Fair Defense Act. These rules set the fees for counsel defending indigent felony defendants, and are applicable here because private attorneys pro tern must be compensated in the same amount and manner. The Order was based on a provision in the Collin County Local Rules that purports to provide unlimited discretion to a single judge to vary from the Fee Schedule in what it describes as unusual cases. This procedure is not provided for in the state statute, which requires the judges of a county to adopt a fee schedule that sets minimum and maximum hourly rates or fixed fees for court appointed attorneys. It also requires that all payments be made in accordance with that fee I schedule. If a judge is allowed to vary from the adopted fee schedule in unusual cases, the fee schedule effectively fails to set minimum and maximum hourly rates or fixed fees and as such is in violation of state law. See Tex. Code. Crim. Proc. Art. 26.05(b) and (c). The exception relied on by the Court effectively swallows the rule and circumvents state law. The Order's variance from the adopted fee schedule in this case is unlawful and cannot be justified on the basis of a provision in the Local Rules that is contrary to state law. The Fee Schedule itself provided for limited discretionary adjustments, not to exceed $1 ,000 per case, however, the attorney fees approved by the Order was several hundred times this amount and was completely unreasonable compared to the fees provided for in the adopted fee schedule and historically approved for compensation to counsel defending indigent parties. The rationale behind the statutory framework, that the range of reasonable fees should be established by the board of judges outside the context of a particular case, defendant or attorney, is turned on its head by the Order's variance from the adopted fee schedule. The Order also improperly provided for interim fee payments not allowed by the Local Rules. The Court ordered the County Auditor to present the fee claims to the Commissioners Court for payment to be made within the time limits required by Texas Government Code Chapter 2251. The Order is expressly made punishable by all available sanctions and does not allow for the Commissioners 2 Court to exercise its non-delegable duty in considering whether and in what amount to pay the fees. The Order should be vacated as it is void and exceeds the limits of the discretion granted to the Court by statute and lawful provisions of local rules. There is no authority for the Court to approve fees outside the framework and limits of the Fee Schedule. The Order goes beyond merely approving excessive payments and forces on the parties a need to analyze the relative lines of authority of the officials responsible for county financial matters. The Order's purported encroachment into the non-delegable authority of the County Auditor and, ultimately, the Commissioners Court, is improper and not allowed by applicable law. Because the Order does not approve fees within the bounds of Texas law, it should be vacated. Since the Order was signed, In Re: Jeffory Blackard, Case No. 05-17-00093CV, was filed in the Dallas Court of Appeals on January 30, 2017. Jeffory Blackard v. Kent A. Schaffer, et a/., Case No. 05-17 -00094-CV, was filed in the Dallas Court of Appeals on January 27, 2017. On January 30, 2017, in In Re: Jeffory Blackard, an injunction was granted that ordered "the Collin County Commissioners Court to stay any consideration or approval of the payment or payments subject to the district court's Second Order on Payment of Attorney's Fees to Attorneys Pro Tern in the Paxton cases pending resolution of this original 3 proceeding. This stay shall remain in effect until further order of the Court." On February 10,2017, the Court ordered that the two pending cases be consolidated as 05-17-00094-CV. The Commissioners Court complied with the order. The Dallas Court of Appeals modified its Order on May 17, 2017, to allow the Collin County Commissioners Court to consider and act on the Second Order on Payment of Attorney's Fees to Attorneys Pro Tern, but the stay against payment remained in effect. The Commissioners Court voted to challenge the order on May 22, 20 17. STATEMENT OF THE CASE Nature of the case: This is an original proceeding seeking writs of mandamus and/or an Order that the Second Order on Payment of Attorney Fees to Attorneys Pro Tern is void. Trial court: 416th District Court, Collin County, Texas, Honorable George Gallagher presiding by assignment. Course ofproceedings: The Attorneys Pro Tern filed a request for payment of interim fees. Respondent approved the fees and ordered that the fees would be paid by Collin County within the time allowed by Texas Government Code, Chapter 2251. The order was stated to be enforceable by all sanctions available to the trial court. In other proceedings, the 5th District Court of Appeals issued an order on January 30, 2017, staying consideration of the interim fee by the Commissioners Court. On May 17, 2017, the Order was modified so that the Commissioners Court could consider the matter. On May 22, 2017, the Commissioners Court rejected payment of the interim attorney fees. 4 Trial court's disposition: The trial court entered an order to pay interim attorney fees to the Attorneys Pro Tern, which has been stayed by Order entered by this Court on February 10, 2017, in another proceeding. STATEMENT OF JURISDICTION This Court has jurisdiction pursuant to § 22.221 of the Texas Government Code to "issue writs of mandamus and all other writs necessary to enforce the jurisdiction of the Court." TEX. GOV'T. CODE § 22.22l(a). This Court has mandamus jurisdiction over Respondent because the Court, in which Respondent is sitting is in the district of this Court of Appeals, and this Court has previously exercised, obtained and retains jurisdiction over Judge Gallagher and the Order made the subject of this Petition. /d. at§ 22.22l(b); see also TEX. R. APP. P. 52. ISSUES PRESENTED I. May a district court judge in Collin County, Texas approve an attorney fee payment to an attorney pro tern for services rendered in 20 16 that varies from the adopted fee schedule? 2. May a district court judge approve an attorney fee payment to an attorney pro tern pursuant to a provision in a local rule implementing the Texas Fair Defense Act that allows a single judge to vary from the fee schedule adopted by the board of judges of Collin County, and in excess of the maximum hourly rate or fixed fees set forth in the adopted fee schedule? 5 3. May a district court judge approve an interim attorney fee payment to attorneys pro tern prosecuting a case if interim payments are not allowed for counsel defending indigent felony defendants by the Collin County Local Rules to Implement the Texas Fair Defense Act and the adopted fee schedule? 4. May a district court judge issue an Order to the County Auditor and the Commissioners Court to pay interim attorney fees to attorneys pro tern that overrides the Auditor's and Commissioners' non-delegable duties to review, consider and approve or disapprove such expenditures under the Collin County Local Rules to Implement the Texas Fair Defense Act? 5. Should a writ of mandamus issue to set aside such an order, or an order be entered finding such order void? STATEMENT OF FACTS This motion is filed to vacate the Second Order on Payment of Attorney's Fees to Attorneys Pro Tern ("Orders"). It orders Collin County 1 to pay attorney fees to the attorneys pro tern that exceed the amounts authorized by Tex. Code 1 Relator is Collin County, Texas. The Order did not name the County Judge or any individual members of the Commissioners' Court. Therefore, it is sufficient to name Collin County as the party in interest as it is directly affected by the Court's Order. Collin County, Texas respectfully reserves the right to plead in the names of the County Judge and members of the Commissioners' Court, if necessary. 6 Crim. Proc. Arts. 2.07(c}, 26.05(b) and (c). The Collin County Local Rules to Implement the Texas Fair Defense Act were promulgated by the district judges pursuant to the authority of Tex. Code Crim. Proc. Art. 26.0S(c) on January 22, 2016, and included an approved fee schedule. App. 4. The Order states that it is in response to a second "request for payment of interim attorneys' fees." App. I. The Court found that "Section 4.01(b) of the Local Rules to Implement the Fair Defense Act of Collin County, Texas, mandates that payments can vary from the fee schedule in unusual circumstances or where the fee would be manifestly inappropriate because of circumstances beyond the control of the appointed counsel." App. 1. The Court ordered that the fee for each of the attorneys representing the State "shall deviate from the fee schedule," but did not identify any reason for an upward adjustment. App. I. The district court ordered the County Auditor, Jeff May, to present the claims to the Commissioners Court "pursuant to the mandates as set out in Government Code, Chapter 2251" and that the fees be paid within the time limits of such statute. App. 1. The Order concluded with the statement that it "shall be enforceable by all sanctions available to the Court for noncompliance with the terms of this Order by any person or entity." App. 1. The Local Rules adopted by the district court judges of Collin County, which contained the fee schedule applicable to the compensation of counsel defending indigent criminal defendants, 7 also applies to attorneys pro tern, since it was adopted pursuant to the directive of Tex. Code Crim. Proc. Art. 26.05(c). App. 4. It included section 4.01B, which allowed a single judge latitude to deviate from the fee schedule adopted by the Board of Judges. It provided, "[t]he judge presiding over a case may authorize payment to appointed counsel that varies from the fee schedule in unusual circumstances or where the fee would be manifestly inappropriate because of circumstances beyond the control of the appointed counsel." The fee schedule also contained a provision providing that with respect to a discretionary adjustment, the amount per case shall not exceed $1 ,000. The schedule of fees was mandatory and applied without exception, other than the very broad exception contained in 4.01B, which effectively undermines the minimum and maximum rates and fixed fees established by the adopted fee schedule and renders the Collin County Local Rules noncompliant with state law in relevant respects. The fee schedule allowed $150 per hour for death penalty cases, $100 per hour for capital, non-death penalty cases and flat fees of $1 ,000 for first degree felonies and lower amounts for lesser felony offenses resolved by pleas. App. 4. If there were no plea entered, and a case went to trial, the fee was limited to $1,000 for pre-trial preparation and $500 per half day of trial. Small adjustments were allowed for in the fee schedule up to $1 ,000 or $3,000, depending upon the nature of the case. App. 4. The amounts stated as fixed fees, hourly rates and potential adjustment in the 8 fee schedule are insignificant compared to the orders for interim fees approved by the Order. The first attorney pro tern fee order was for fees and expenses of $254,908.85. App. 8. That amount was paid. The Order now before the Court is the second to be issued, and it is in the amount of$205,191.29. App. 1. It includes compensation payable to three attorneys pro tern, all of whom received approved hourly rates of three times the hourly rate authorized by the fee schedule contained in the local rules to be paid to highly qualified attorneys in capital non-death penalty cases and two times the hourly rate to be paid to death penalty qualified lawyers in death penalty cases. Although advance payments for costs were permitted by the Local Rules, no provision exists for interim fee payments to attorneys. See Local Rules 4.02 and 4.03. App. 4. Given that the Fee Schedule provides for fixed fees for cases resolved by pleas, and a fixed pretrial fee and fixed fees per half day of trial for cases resolved by trials, the calculation of appropriate fees under the Fee Schedule is not possible until the conclusion of the case. Attorneys pro tern paid to prosecute were entitled to compensation in the same amount and manner as that paid to counsel defending indigent felons. Tex. Code Crim. Proc. Art. 2.07(c). After the attorneys pro tern presented a second interim fee request, on January 4, 2017, the district court approved it in all respects. App. 1. The hours billed by the three attorneys pro tern were compensated at a rate of $300 per hour, 9 which as noted above was twice the hourly rate paid for death penalty qualified attorneys in death penalty cases and grossly more than the fixed fees the fee schedule provided for in first degree felony cases such as this case. On February 3, 2017, the Collin County district court judges adopted a new fee schedule and related local rules, which were made effective for cases indicted on or after March 1, 2017. App. 5. The new Fee Schedule continued to require fees to be paid after completion of the case rather than on an ongoing interim basis. App. 5. It did away with fixed fees entirely and specified a rate range of $125 to $150 per hour for death penalty cases and a range of $50 to $100 per hour for all other felonies. App. 5. The provision that allowed a judge to vary from the fee schedule, 4.01B, was properly removed. App. 5. The new Fee Schedule is not applicable to this case or this motion because of its deferred effective date; however, it does provide insight as to the fee structure that the district judges now deem reasonable. It again shines a light on the outrageously high rates being paid to every attorney pro tern on the instant case, such being three times the maximum hourly rate the district judges deem reasonable for first degree felony cases and twice the maximum hourly rate deemed reasonable for death penalty cases. The relevant sequence of events is as follows: January 4, 2017 The Court signed the Order directing payment of interim attorney fees in the aggregate amount of $205,191.29 to the attorneys pro tern. App. 8. 10 January 27, 2017 Jeffory Blackard ("Blackard") filed Blackard v. Schaffer, et a/., 05-17-00094-CV in the Dallas Court of Appeals seeking injunctive relief to preserve appellate court jurisdiction and avoid mootness. App. 7. January 30,2017 The Dallas Court of Appeals in Blackard v. Shaffer, No. 05-17-00094-CV granted a temporary injunction staying the Collin County Commissioners Court consideration, approval or payment of the attorney pro tern fees. App. 9. May 17, 20 17 The Dallas Court of Appeals modified its temporary injunction order and authorized the Commissioners Court to consider the order to pay the attorneys pro tern. App. 10. May 22, 20 17 Commissioners Court voted to reject payment of the interim attorney fees and challenge the Court's Order. App. 2. As of the date of this filing, the second interim fee remains unpaid and Collin County requests the Court to find the Order void, or mandamus Judge Gallagher to vacate the Order. SUMMARY OF THE ARGUMENT Writs of mandamus are proper because the district court issued an Order approving and requiring payment of attorney fees in excess of an amount authorized by the Texas Code of Criminal Procedure. The district court relied on 4.01B of the Collin County Local Rules to Implement the Texas Fair Defense Act to vary from the adopted fee schedule and make a substantial discretionary upward adjustment. Rule 4.01B is void because it 11 permitted upward adjustment of attorney fees in excess of the limits set by the district court judges' fee schedule. Texas Code of Criminal Procedure Art. 26.05(c) both compels and authorizes the adoption of a fee schedule and requires that it contain minimum and maximum hourly rates or fixed fees. See Art. 26.05(c). It provides for the district judges of a county to act together to adopt a fee schedule for each county, and limits the discretion available to an individual district court judge reviewing a fee request by requiring that all attorney fee payments be paid in accordance with the adopted fee schedule. Tex. Code Crim. Proc. Art. 26.05(b ). The ordered payments were not in accordance with the adopted fee schedule. Rule 4.01 B of the Collin County Local Rules to Implement the Texas Fair Defense Act did not comply with Tex. Code Crim. Proc. Art. 26.05(c) because it expressly authorized an act contrary to the statute by allowing payments of attorney fees that were not in accordance with the adopted fee schedule. Therefore, being based on a provision of the Local Rules that violated state law, and being in excess of the fees provided for in the adopted fee schedule, the approved attorney fees are not legal and/or reasonable and the Order should be found to be void and vacated. The district court issued an order directing payment of the fees, "enforceable by all sanctions available to the Court for noncompliance with the terms of this Order by any person or entity." App. 1. By so ordering, the Order bypassed the 12 safeguards built into county government for financial management as it related to the payment of attorney fees. The indigent defendant attorney fee schedules adopted by each county in Texas are required by state law to include minimum and maximum hourly rates or fixed fees. Article 26.05(b) and (c) do not provide for individual judges to approve fees in excess of the flat fees or rate ranges specified. 2 Attorneys pro tern involved in high profile cases are not automatically entitled to special treatment, and in fact are entitled only to the same compensation as though they represented indigent felony defendants. 3 One can hardly imagine a more substantial case than a capital death penalty case, or counsel more highly skilled than death penalty qualified counsel, yet the Court has ordered that all three attorneys pro tern in this case be paid twice the hourly rate that the adopted fee schedule provides for counsel in death penalty cases. The Order exceeds the Court's authority by approving fees far in excess of the fixed fees allowed for first degree felony cases. The extraordinary nature of the attorney fee award is highlighted when the approved rates are compared to those provided for in the fee 2 "Each fee schedule adopted shall state reasonable fixed rates or minimum and maximum hourly rates, taking into consideration reasonable and necessary overhead costs and the availability of qualified attorneys willing to accept the stated rates, and shall provide a form for the appointed counsel to itemize the types of services performed." Tex. Code Crim. Proc. Art. 26.05(c) (emphasis added). 3 "He shall receive compensation in the same amount and manner as an attorney appointed to represent an indigent person." Tex. Code Crim. Proc. Art. 2.07(c). 13 schedule for capital death penalty cases. The Collin County Local Rules to Implement the Texas Fair Defense Act was deficient in that it allowed for attorney fees to be paid outside the adopted fee schedule. This provision violates state law, which requires that 'all attorney fee payments be paid in accordance with the adopted fee schedule. Tex. Code Crim. Proc. Art. 26.05(b). The attorney fee payment the subject of the Order is in excess of the adopted fee schedule and as such is not allowed under state law. Into this brewing perfect storm, the Order injects language suggesting that it is enforceable with sanctions, which interfered with the County Auditor's duty to examine and approve each claim before it can be presented to the Commissioners Court for payment. Tex. Loc. Gov't Code § 113.064(a). The Commissioners Court may not pay a claim until the County Auditor approves it. At this point in the continuing dispute over the authority to pay legal fees in Collin County, the Commissioners Court has the final authority and is compelled to take action to preserve its own jurisdiction. "The Commissioners court of a county shall audit and settle all accounts against the county and shall direct the payment of those accounts." Tex. Loc. Gov't Code § 115.021. This duty is not ministerial and is an important substantive component in the checks and balances which protect taxpayers from the improper expenditure of tax dollars. The Order should be found to be void and be vacated in that it suggests that the Court has 14 divested the Commissioners Court of its constitutional duty to audit and settle the issue of the second request for attorney fees. ARGUMENT AND AUTHORITIES A. The Order Should be Found to be Void, a Writ of Mandamus Issued, and the Order Vacated, Because it Approves Fees in Excess of the Fee Schedule and Requires Payment on an Interim Basis. Pursuant to Tex. Code Crim. Proc. Art. 2.07(c), an attorney pro tern is entitled to "receive compensation in the same amount and manner as an attorney appointed to represent an indigent person."4 The Texas Fair Defense Act provides that the judges of each county shall adopt fee schedules. "Each fee schedule adopted shall state reasonable fixed rates or minimum and maximum hourly rates, taking into consideration reasonable and necessary overhead costs and the availability of qualified attorneys willing to accept the stated rates, and shall provide a form for the appointed counsel to itemize the types of services performed. No payment shall be made under this article until the form for itemizing the services performed is submitted to the judge presiding over the proceedings or, if the county operates a managed assigned counsel program under 4 See Busby v. State, 984 S.W.2d 627, 630 (Tex. Crim. App. 1998) (The relevant language in article 2.07(c) is that an attorney pro tern "shall receive compensation in the same amount and manner" as an appointed defense attorney. Therefore, article 2.07(c) is construed as incorporating the provisions of article 26.05 that govern the amount and manner of compensation; those provisions speak to the kinds of expenses and services of an appointed attorney, the methods of calculating the attorney's fee, the form of schedules and reporting, the method of approval, and the source of funding.) 15 Article 26.047, to the director of the program, and until the judge or director, as applicable, approves the payment." Tex. Code Crim. Proc. Art. 26.05(c). All attorney fee payments must be paid in accordance with the adopted fee schedule. Tex. Code Crim. Proc. Art. 26.05(b).5 When the district court ordered payment of the interim attorney fees, the Order clearly stated that the "Court further finds that Section 4.01 (b) of the Local Rules to Implement the Fair Defense Act of Collin County, Texas mandates that payment can vary from the fee schedule unusual circumstances or where the fee would be manifestly inappropriate because of circumstances beyond the control of the appointed counsel." App. 1. There is no doubt that the district court invoked authority and relied on authority that he did not lawfully have. In fact, the Collin County district court judges have recently revised the compensation schedule for appointed counsel to eliminate the possibility for a fee adjustment above the established hourly rate. It is well settled that mandamus relief is appropriate if it is shown that the act sought to be compelled by the writ is purely ministerial and there is no adequate remedy at law. In re McCann, 422 S.W.3d 701, 704 (Tex. Crim. App. 2013) (internal citations omitted). "The ministerial act requirement is satisfied if the 5 The operative statute sections are Tex. Code Crim. Proc. Arts. 2.07(c) and 26.05(b)-(c). The Court's use of Tex. Gov't. Code, Chapter 2251 in the Order requiring payment of fees is improper and such statute is irrelevant. 16 relator can show a clear right to the relief sought because the facts and circumstances dictate but one rational decision under unequivocal, well-settled, and clearly controlling legal principles." In re Medina, 415 S.W.3d 291, 298 (Tex. Crim. App. 2015) (citing In re Bonilla, 424 S.W.3d 528, 533 (Tex. Crim. App. 2014). Similarly, "[i]f a trial judge lacks authority or jurisdiction to take particular action, the judge has a 'ministerial' duty to refrain from taking that action, to reject or overrule requests that he take such action, and to undo the action if he has already taken it." Id. Mandamus is appropriate when a court goes beyond a limited statutory authorization. "It is a generally accepted premise that the failure of a court to observe a mandatory statutory provision conferring a right or forbidding particular action will render its order or judgment void." State Bd. of Ins. v. Betts, 315 S.W.2d 279, 280, (Tex. 1958). "In some cases, a remedy at law may technically exist; however, it may nevertheless be so uncertain, tedious, burdensome, slow, inconvenient, inappropriate or ineffective as to be deemed inadequate." Smith v. Flack, 728 S.W.2d 784, 792 (Tex. Crim. App. 1987); see also In reState ex rei. Weeks, 391 S.W.3d 117, 122 (Tex. Crim. App. 2013). A relator need not establish such factors in the case of a void order. "Cases involving void orders present a circumstance warranting mandamus relief. See In re Dickason, 987 S.W.2d 570, 571 (Tex. 17 1998). The issuance of a void order is an abuse of discretion. See In re Southwestern Bell Tele. Co., 35 S.W.3d 602, 605 (Tex. 2000). When the order is adjudged void, it is not necessary for a relator to additionally show that it lacks an adequate appellate remedy." Custom Corporales, Inc. v. Sec. Storage, Inc., 207 S.W.3d 835, 838 (Tex. App.-Houston [14th Dist.] 2006, no pet.). "Where the trial court's order is void, however, it is unnecessary for the relator to show it pursued other available remedies and mandamus will issue." In re Burlington N. and Santa Fe Ry. Co., 12 S.W.3d 891,894 (Tex. App.-Houston [14th Dist.] 2000, no pet.). The Order was predicated on Local Rule 4.01B, which provides for discretionary attorney fee enhancements not allowed by Tex. Code Crim. Proc. arts. 26.05(b) and (c), the enabling statute. This discretionary adjustment is in obvious conflict with Texas law and cannot be given controlling effect. See Mayad v. Rizk, 554 S.W.2d 835, 837 (Tex. Civ. App.-Houston [14th Dist.] 1977, writ refd n.r.e.). Local rules and agency rules cannot conflict with the statutory authority that controls their adoption. Conflicting provisions that exceed statutory authority are void. Texas Fire and Cas. Co. v. Harris Cnty. Bail Bond Bd., 684 S.W.2d 177, 178-79 (Tex. App.-Houston [14th Dist.] 1984, writ ref' d. n.r.e.). The Order is based on an illegal local rule that was in conflict with the Texas statute, which authorized the creation of the local rule. The Court authorized payment of interim fees that were not allowed by statute or any valid local rule. 18 The framework of the fee schedule, which includes different scales for pleas versus trials, makes obvious that the proper consideration of attorney fees could only be accomplished at the end of the case. The errors were compounded when the district court overrode the authority of the County Auditor and the Commissioners Court by compelling payment of the excessive and premature amounts under penalty of sanctions. B. The Court Had No Discretion to Interfere with the Commissioners Court's Exercise of its Own Non-delegable Authority and Duties. In Texas, county government financial management relies on principles of separation of powers to protect the taxpayers' purse. Henry v. Cox,--- S.W.3d ----, 2017 WL 2200344, at *5 (Tex., May 19, 2017). In this case, there was a part to be played by the Commissioners Court, the County Auditor and Judge Gallagher, as the relevant district court judge. It cannot be over-emphasized that the purpose of checks and balances in a governmental financial system is not to expedite payment of claims, but to be sure that only proper claims are paid and county taxpayer money is not wasted. In Collin County, this system is undermined by the Order. The district court issued the Order to pay money to attorneys pro tern beyond the scope of its authority to do so, and punctuated it with a threat of sanctions. The Commissioners Court cannot pay a claim until the County Auditor approves it for payment, but is not required to pay all approved claims. Once the County Auditor examines and approves a claim, the Commissioners Court has the final authority to 19 audit and settle the account. The Commissioners Court has voted not to pay the amount ordered by the Court and, instead, has voted to seek court intervention to determine the correctness of the claim under the law. The Commissioners Court has a constitutional basis for its broad authority over the finances of the county. Although the true breadth of such authority may not always be defined with specificity, it is clear that it touches all of the county's business affairs. The Texas Constitution provides that the Commissioners court "shall exercise such powers and jurisdiction over all county business, as is conferred by this Constitution and the laws of the State, or as may be hereafter prescribed." Tex. Const. Art. V, § 18. Thus, the Texas Constitution establishes the Commissioners court as the county's principal governing body. Comm 'rs Court of Titus County v. Agan, 940 S.W.2d 77, 79 (Tex. 1997). The powers and duties of the Commissioners courts include aspects of legislative, executive, administrative, and judicial functions. ld. In the exercise of its powers and jurisdiction over county business, the Commissioners court has implied authority to exercise broad discretion to accomplish the purposes intended. Canales v. Laughlin, 147 Tex. 169, 214 S. W.2d 451, 453 ( 1948); Cosby v. County Comm 'rs of Randall County, 712 S.W.2d 246, 248 (Tex. App.-Amarillo 1986, writ refd n.r.e.). Wichita Cnty v. Bonnin, 182 S.W.3d 415, 419-420 (Tex. App.-Fort Worth 2005, pet. denied). The Texas Local Government Code states, "[t]he Commissioners court of a county shall audit and settle all accounts against the county and shall direct the payment of those accounts." Tex. Loc. Gov't Code§ 115.021. As one would expect, the County Auditor also has a role, which is defined 20 by statute. "A claim, bill, or account may not be allowed or paid until it has been examined and approved by the auditor." Tex. Loc. Gov't Code § 113.064(a). "The county auditor may not audit or approve a claim unless the claim was incurred as provided by law." Tex. Loc. Gov't Code§ 113.065. In his briefing in two cases before the Dallas Court of Appeals, 6 in response to the request for an injunction and in his brief on the merits, the Collin County Auditor explained his actions with significant contradictions and ambiguity not readily apparent until scrutinized in the context of his briefing. After addressing some initial questions, on January 19, 2017, County Auditor May advised the Collin County Commissioners Court by email that he had certified the total amount of$205,191.29 to be "due and payable as ordered by Judge Gallagher" and that he would be placing the ORDER on the Commissioners Court agenda for Monday, January 30, 2017, for Commissioners Court action. (Collin County Auditor Jeff May's Response to Petition for Writ of Injunction, filed on February 8, 2017, in Case No. 05-17-00094-CV, at p. v). App. 6. The core issue, however, and one which the County Auditor cannot answer, is whether the compensation being paid to the Attorneys Pro Tern is indeed an "illegal expenditure" ... (Collin County Auditor Jeff May's Response to Petition for Writ of Injunction, filed on February 8, 2017, in Case No. 05-17 -00094-CV, at p. 5). App. 6. It was certainly not Collin County Auditor May's place to secondguess the legal sufficiency or accuracy of Judge Gallagher's interpretation and 6 The two cases before the Dallas Court of Appeals, are In Re: Jeffory Blackard, Case No. 05-17-00093-CV (subsequently consolidated with Case No. 05-1700094-CV) and Jeffory Blackard v. Kent A. Schaffer, eta/., Case No. 05-17-00094CV. 21 application of the Collin County Attorney Plan and Fee Schedule (consisting of rules and an appendix fee schedule) adopted by the Collin County District Judges pursuant to Article 26.05 of the Tex. Code of Crim. Proc. (Brief of County Auditor Jeff May, filed March 17, 2017, in Case No. 05-17-00094-CV, at pp. 5-6). App. 7. This dilemma is worsened by the fact that Auditor May is not the person who can answer the core question which underlies this and the _many other challenges to such payments -- whether the compensation being paid to the Attorneys Pro Tern is indeed an "illegal expenditure." If this case is remanded, he will still have no answer. (Brief of County Auditor Jeff May, filed March 17, 2017, in Case No. 05-17-00094-CV, at p. 4). App. 7. On one hand, the County Auditor represented in his pleadings that he "certified" the claim in the Order for payment, but he also acknowledged he did not know whether the compensation being ordered to be paid to the attorneys pro tern is an illegal expenditure. In effect he has now belatedly admitted that he abrogated his duty to determine whether the expenditure was legal or illegal, which is the threshold inquiry in determining whether an invoice can be lawfully paid by Collin County. The Commissioners Court has a duty to taxpayers to pay only legal expenditures and ones that are "examined and approved" as such by the Auditor. Tex. Loc. Gov't Code § 113.064(a). The word "certified" is a legal nullity in the context of the County Auditor's duties under Chapter 113, which is subtitled "Management of County Money," since neither "certified" nor "certify" appear anywhere in such chapter. Ultimately, the County Auditor said he could not determine if payment of the claim would be lawful. The Order wrongfully treats 22 the County Auditor, and indeed the Commissioners Court, as purely ministerial functionaries, when in reality they have discretionary authority and non-delegable responsibility. The system of checks and balances in county finances can be illustrated with a case in which a Commissioners Court authorized a payment that the County Auditor had not approved. The payment order was void. Smith v. McCoy, 533 S.W.2d 457, 458-9 {Tex. Civ. App.-Dallas 1976, writ dism'd). In that case, the Dallas Court of Appeals held that "the approval of the auditor is a condition precedent to the exercise of the Commissioners court's authority to order payment of claims." /d., at 459. Approval of claims is a discretionary act of the auditor. /d. Under the constitution and legislative enactments, a delicate system of checks and balances exists to protect the funds of the county. The Commissioners court is authorized to expend county funds but may not do so without approval of the auditor whose approval may not be arbitrarily withheld; likewise, the auditor may not order the expenditure of county funds without approval of the Commissioners court. To hold, as appellees would have us do, that the duty of the auditor under the statutes is ministerial rather than discretionary would remove one of the safeguards in this system of checks and balances and would permit a Commissioners court to disburse county funds without restraint. Smith v. McCoy, 533 S.W.2d at 459. "Both the Auditor (Section 113.064(a)) and the Commissioners Court (Section 115.021) are required separately to examine and make a decision as to whether to approve each claim against county funds. The legislative scheme of control of county funds requires specific approval of the 23 claim by the Auditor before consideration by the Commissioners Court." Crider v. Cox, 960 S.W.2d 703, 706 {Tex. App.-Tyler 1997, writ denied) (internal citations omitted). The auditor must make an independent examination of each claim and approve it before the Commissioners Court may consider it. Crider, 960 S. W.2d at 706 (citing Smith v. Flack, 728 S.W.2d 784, 790 (Tex. Crim. App. 1987)). The proper exercise of discretionary authority by the County Auditor is required before the Commissioners Court ever considers a claim. The Legislature has required that "[a]ll claims, bills and accounts against the county be filed in ample time for the auditor to examine and approve same before the meetings of the Commissioners court. No claim, bill or account shall be allowed or paid until it has been examined and approved by the county auditor thereon." V.A.C.S., Article 1660 (1962) (emphasis added). Under that authorizing statute, a county auditor must make an independent examination of a claim and approve it before submitting it to a Commissioners court. Assuming arguendo that such an examination involves discretionary power, the Legislature has not provided a county auditor with any authority to delegate that duty to another legal entity or office. In other words, a county auditor has "a duty clearly fixed and required by law" to perform his statutory duties within his own office. Smith v. Flack, 728 S.W.2d 784, 790 (Tex. Crim. App. 1987). Under the circumstances at hand, it is now clear that the Auditor has not exercised an independent review of the claim for interim attorney fees or advised the Commissioners Court that they are appropriate for payment, or even lawful. The Collin County Commissioners Court has been forced to confront the abuse of discretion embodied in the Order. 24 The Texas Constitution gives the district courts limited supervisory control over the Commissioners Court, providing in part that "[t]he District Court shall have appellate jurisdiction and general supervisory control over the County Commissioners Court, with such exceptions and under such regulations as may be prescribed by law." Texas Constitution, Article V, Section 8. Such supervisory authority may only be used to correct matters of abuse of discretion or failure to perform a ministerial function, but not to override Commissioners Court's authority to act within the scope of its own authority. A party can invoke the district court's constitutional supervisory control over a Commissioners court judgment only when the Commissioners court acts beyond its jurisdiction or clearly abuses the discretion conferred upon the Commissioners court by law. If the Commissioners court acts illegally, unreasonably, or arbitrarily, a district court may so adjudge. But in reviewing a Commissioners court judgment for abuse of discretion, the district court has no right to substitute its judgment and discretion for that of the Commissioners court. The district court may order the Commissioners court to exercise its discretion, but it cannot tell the Commissioners what decision to make. Once the Commissioners court exercises its discretion, the district court may review the order for abuse of discretion. Wichita Cnty v. Bonnin, 182 S.W.3d 415, 420 (Tex. App.-Fort Worth 2005, pet. denied) (internal citations omitted); Henry, at p. *5. In this case, the district court issued an Order expressly punishable by contempt, which exceeded its authority to approve a reasonable fee. The Order 25 attempts to override the non-delegable discretionary authority of the Collin County Commissioners Court and attempts to compel payment of an illegal claim. C. The Court Had No Discretion to Adjust the Attorneys Fee Upward Beyond the Maximum Amounts Allowed Under the Fee Schedule Set Forth in the Collin County Local Rules to Implement the Texas Fair Defense Act. "Each fee schedule adopted shall state reasonable fixed rates or minimum and maximum hourly rates, taking into consideration reasonable and necessary overhead costs and the availability of qualified attorneys willing to accept the stated rates, and shall provide a form for the appointed counsel to itemize the types of services performed. Tex. Code Crim. Proc. Art. 26.05(c). The analysis of the amendments to the statute explained some of the changes and clearly demonstrated that no discretionary upward adjustment was authorized. 7 The statute "[r]equires 7 The amendment of the text of Tex. Code Crim. Proc. Art. 26.05(c) from Senate Bill 7 follows below: (c) Each fee schedule adopted shall state reasonable [will include a] fixed rates or [Fate;] minimum and maximum hourly rates, taking into consideration reasonable and necessary overhead costs and the availability of qualified attorneys willing to accept the stated rates, [aad daily rates] and shall [will] provide a form for the appointed counsel to itemize [reporting] the types of services performed [iR eack oae]. No payment shall be made under this article [sectioa] until the form for itemizing [reportiag] the services performed is submitted to the judge presiding over the proceedings and the judge approves the payment. If the judge disapproves the requested amount of payment, the judge shall make written findings stating the amount of payment that the judge approves and each reason for approving an amount different from the requested amount. An attorney whose request for payment is disapproved may appeal the disapproval by filing a motion 26 each fee schedule adopted to state, rather than to include, reasonable fixed rates or minimum and maximum hourly rates, taking into consideration reasonable and necessary overhead costs and the availability of qualified attorneys willing to accept the stated rates, and to provide a form for the appointed counsel to itemize, rather than to report, the types of services performed." SRC-JBJ S.B. 7 77(R) Bill Analysis (emphasis added). The most recent amendments were made in 200 I and effective on January 1, 2002, and they demonstrate a continuation of a legislative effort to provide for better control over fees paid to appointed counsel. Going further back into the history of the statute shows that it originally established state wide minimum fees before the duty to set fixed fee and mandatory minimum and 8 maximum hourly rates was placed on the district judges. with the presiding judge of the administrative judicial region. On the filing of a motion, the presiding judge of the administrative judicial region shall review the disapproval of payment and determine the appropriate amount of payment. In reviewing the disapproval. the presiding judge of the administrative judicial region may conduct a hearing. Not later than the 45th day after the date an application for payment of a fee is submitted under this article, the commissioners' court shall pay to the appointed counsel the amount that is approved by the presiding judge of the administrative judicial region [and Bflf>Foved by tile emut] and that is in accordance with the fee schedule for that county. Enrolled Version of S.B. 7. Compensation of counsel appointed to defend. 8 Section I. A counsel appointed to defend a person accused of a felony or a misdemeanor punishable by imprisonment, or to represent an indigent in a habeas 27 The Collin County Local Rule utilized by Judge Gallagher creates an element of discretion that does not exist under the statutory grant of authority. Local Rule 4.01B states "[t]he judge presiding over a case may authorize payment to appointed counsel that varies from the fee schedule in unusual circumstances or corpus hearing, shall be paid from the general fund of the county in which the prosecution was instituted or habeas corpus hearing held, according to the following schedule: (a) For each day or a fractional part thereof in court representing the accused, a reasonable fee to be set by the court but in no event to be less than $50; (b) For each day in court representing the accused in a capital case, a reasonable fee to be set by the court but in no event to be less than $250; (c) For each day or a fractional part thereof in court representing the indigent in a habeas corpus hearing, a reasonable fee to be set by the court but in no event to be less than $50; (d) For expenses incurred for purposes of investigation and expert testimony, a reasonable fee to be set by the court but in no event to exceed $500; (e) For the prosecution to a final conclusion of a bona fide appeal to a court of appeals or the Court of Criminal Appeals, a reasonable fee to be set by the court but in no event to be less than $350; (f) For the prosecution to a final conclusion of a bona fide appeal to the Court of Criminal Appeals in a case where the death penalty has been assessed, a reasonable fee to be set by the court but in no event to be less than $500. Sec. 2. The minimum fee will be automatically allowed unless the trial judge orders more within five days of the judgment. Sec. 3. All payments made under the provisions of this Article may be included as costs of court. Sec. 4. An attorney may not receive more than one fee for each day in court, regardless of the number of cases in which he appears as appointed counsel on the same day. Gray Cnty v. Warner & Finney, 727 S.W.2d 633, 635 (Tex. App.-Amarillo 1987, no writ). 28 where the fee would be manifestly inappropriate because of circumstances beyond the control ofthe appointed counsel." This discretionary authority is void because it renders the local rules to be out of compliance with state law, including Art. 26.05(c) which requires that the adopted fee schedule be followed, and that the fee schedule set forth fixed fees or maximum and minimum hourly rates. After the district court entered its Order compelling payment of the unreasonable attorney fees, the District Court Judges in Collin County adopted a revised schedule of fees that was applicable to cases for which indictments issued after March 1, 2017. App. 5. The revised fee schedule removed the language of former Rule 4.01B, thus stripping away the opportunity for one judge to interpret the provision as a way to deviate from the mandatory rates established by the fee schedule adopted by the district court judges. The Texas Supreme Court decided a case somewhat analogous to the Collin County situation in which the Texas Legislature authorized a court reporter pay increase of up to 10%. Unlike in the instant case, the district court judge ordered that the county pay the full 10%, which was within the range authorized by statute, although at the upper limit. The Supreme Court held that as long as the pay increase ordered by a district judge was within the 10% authorized, it was presumptively valid and within the district judge's discretion. Duncan v. Pogue, 759 S.W.2d 435, 435-36 (Tex. 1988); see also Henry, at p. *6. Here, the Court 29 ordered payments far above the range authorized. The Court's failure to observe the mandatory statutory provision that authorized payment of attorney pro tern fees, and that does not provide for upward discretionary adjustment beyond the maximum fees established by the district court judges, renders the Order void. See State Bd. ofins. v. Betts, 315 S.W.2d 279,280 (Tex. 1958). As such, it should be determined to be void and vacated. With regard to compensation of appointed counsel, the Texas Court of Criminal Appeals noted, en bane, that such "statutes have been consistently construed according to their clear, unambiguous and strict mandates, which is in keeping with the tight budgetary limitations of this State." Gray v. Robinson, 744 S.W.2d 604, 606 (Tex. Crim. App. 1988) (citing Smith v. Flack, 728 S.W.2d 784, 789 (Tex. Crim. App. 1987); Dickens v. Court of Appeals for Second Judicial District, 727 S.W.2d 542, 547 (Tex. Crim. App. 1987)). D. The Court Had No Discretion to Order an Interim Fee Payment. Irrespective of the Order's usurpation of the non-delegable duties of the County Auditor and the Commissioners Court, and its violation of the limitations of Tex. Code Crim. Proc. Art. 26.05(c), the fee order further violated the express provisions of the Collin County Local Rules to Implement the Texas Fair Defense Act, as adopted on January 22, 2016. Local Rule 4.02 states that in the event of a guilty plea, payment requests are made by submission on the date of the 30 disposition. If disposition is by trial, the payment request shall be submitted within seven days of the conclusion of the trial. App. 4. The fee schedule attached to the Local Rule at page 13 does not provide for any accelerated or interim payments of attorney fees. Even if Local Rule 4.01B were validly applied by the Court, under the Collin County Local Rules and Tex. Code Crim. Proc. Art. 26.05(c), it would not allow payment of interim fees. The allowance of interim fees flies in the face of the fee schedule, which varies the allowed compensation depending on whether the case is resolved by a plea or a trial. This operative fact is not known until the conclusion of the case, when it is either pled or tried. E. Relator Has No Adequate Remedy at Law. Generally, a Relator can obtain mandamus relief only upon showing that the court committed a clear abuse of discretion and that there is no adequate legal remedy. Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992, orig. proceeding). However, when it is established that the court rendered a void order, a relator is "entitled to mandamus relief without a showing that there is no adequate remedy by appeal." In re Union Pac. Res. Co., 969 S.W.2d 427, 428 (Tex. 1998, orig. proceeding). Respondent's Order is void for reasons that go beyond the illegality of Respondent's interpretation of Local Rule 4.01 B. Fundamentally, it is error for the district court to invoke its own jurisdiction and render an order to non-parties, the 31 Collin County Auditor and the Commissioners Court. "[T]he separation of powers concept necessitates a doctrine of inherent judicial power to preserve the judicial function, we held that this power may not be exercised in such a fashion as to abrogate the correlative rights of the executive and legislative authorities of our government, for the public is equally protected by the preservation of all three functions." In reEl Paso Cnty Com'rs Court, 281 S.W.3d 16, 26 (Tex. App.-El Paso 2005,orig. proceeding). "[T]hese inherent powers must be properly invoked upon an adequate basis in a safeguarded process." ld., at 26 (emphasis in original). El Paso dealt with a dispute over funding for a courthouse and a disagreement between a district court and the Commissioners Court in which the district court attempted to exert control without there being a lawsuit or some type of independent equitable action on file. Respondent entered the Order before either the County Auditor or the Commissioners Court could perform their non-delegable functions, thus overriding their discretion, and he did so without there being on file an action by the attorneys pro tern to collect fees from Collin County. He did so without affording the Collin County Commissioners Court the opportunity to consider the matter or even be heard on the issue. Irrespective of the fact that the void Order merits mandamus without a requirement to show that there is no adequate legal remedy, there is no such 32 remedy in this case. Appellate courts have no jurisdiction to hear appeals from void interlocutory orders for the purpose of declaring their invalidity. Johnson Radiological Grp v. Medina, 566 S.W.2d 117 (Tex. Civ. App.-Houston [14th Dist.] 1978, no writ). Although it cannot be said with certainty whether efforts to recover overpayments to the attorney pro tern would be successful, since there is no control over the money expended once the fees are paid, it is unlikely that a successful appeal would lead to a complete recovery of excessive legal fee payments. This is especially true given the substantial sums the Respondent seeks to award to the attorneys pro tern in this case. In the meantime, pending resolution of the case and appeal, Collin County would remain subject to a steady barrage of interim fee orders and threats of sanction, after which the county would be forced to institute lawsuits to recover the excessive and illegal attorney pro tern fees. With respect to the "no adequate remedy at law" requirement, though a remedy technically exists, it "may nevertheless be so uncertain, tedious, burdensome, slow, inconvenient, inappropriate, or ineffective as to be deemed inadequate." In re State ex rei. Weeks, 391 S.W.3d 117, 122 (Tex. Crim. App. 2013); In re Davis, 990 S.W.2d 455, 457 (Tex. App.-Waco 1999, orig. proceeding) (citing State ex rei. Holmes v. Court of Appeals, 885 S.W.2d 389, 394 (Tex. Crim. App. 1994) (quoting Smith v. Flack, 728 S.W.2d 784, 792 (Tex. Crim. App. 1987))); Kozacki v. Knize, 883 S.W.2d 760, 762 (Tex. App.- Waco 1994, orig. proceeding); In re 33 Keeling, 227 S.W.3d 391,395 {Tex. App.-Waco 2007). PRAYER Collin County and its Commissioners Court pray that this Court issue a writ of mandamus and vacate the district court's Order. Collin County prays for such other and further relief, at law or in equity, to which Collin County and its Commissioners Court may be justly entitled. 34 Respectfully submitted, SIEBMAN, BURG, PHILLIPS & SMITH, LLP By: Is/ Clvde M. Siebman Clyde M. Siebman Texas BarNo. 18341600 clydesiebman@siebman.com SIEBMAN, BURG, PHILLIPS & SMITH LLP 300 North Travis Shennan, Texas75090 (903) 870-0070- Telephone (903) 870-0066- Fax Bryan H. Burg Texas Bar No. 03374500 bryanburg@siebman.com SIEBMAN, BURG, PHILLIPS & SMITH LLP 4949 Hedgcoxe Road, Suite 230 Plano, Texas 75024 (214) 387-9100- Telephone (214) 387-9125- Fax COUNSEL FOR RELATOR, COLLIN COUNTY, TEXAS, COUNTY COMMISSIONERS 35 CERTIFICATE OF REDACTION I certify that I have made any necessary redactions in accordance with the Orders of the Texas Supreme Court. None were required in this case. Is/ Clvde M. Siebman Clyde M. Siebman CERTIFICATE OF COMPLIANCE 1. This Petition for Mandamus complies with the type-volume limitations of Tex. R. App. P. 9.4 because it contains 10,746 words, excluding the parts of the Petition exempted by Tex. R. App. P. 9.4(i). 2. This Petition complies with the typeface requirement of Tex. R. App. P. 9.4(i)(3) because it has been prepared in a proportionally spaced typeface using Microsoft Word 2010 in 14 point Times New Roman font. Dated June 8, 2017. Is/ Clyde M. Siebman Clyde M. Siebman RULE 52.3(j) CERTIFICATION I have reviewed the Petition and concluded that every factual statement in the Petition is supported by competent evidence in the appendix or record. Is/ Clyde M. Siebman Clyde M. Siebman 36 AFFIDAVIT REGARDING APPENDIX PURSUANT TO RULES 52.3(k) AND 52.7(a) OF THE TEXAS RULES OF APPELLATE PROCEDURE STATE OF TEXAS COUNTY OF GRAYSON § § Before me, the undersigned notary, on this day personally appeared Clyde M. Siebman, the affiant, a person whose identity is known to me, who under oath, testified as follows: 1. "My name is Clyde M. Siebman. I am Counsel for Relator Collin County, Texas in this mandamus proceeding. I am over 21 years of age, of sound mind, and competent to make this Affidavit. I have personal knowledge of the facts in this Affidavit, all of which are true and correct. I make this Affidavit on behalf of the Relator in support of Relator's Petition for Writ of Mandamus. 2. Relator's Petition for Writ of Mandamus is supported by an Appendix containing district court orders and filings in the district court and other documents. 3. In compliance with Rules 52.3(k) and 52.7(a) of the Texas Rules of Appellate Procedure, I attest that the pleadings, motions, orders, and other documents and information contained in the Relator's Petition for Writ of Mandamus and its Appendix are true and correct copies of such documents and information filed with, or issued by, the district court, or from my file in this case. 4. Further, Affiant sayeth not." SWORN to and SUBSCRIBED before me on this the 8th day of June 2017. r~~~~<~ Notary Public 37 CERTIFICATE OF SERVICE I certify that on June 8, 2017, I provided a copy of the foregoing Petition for Mandamus to all counsel of record by delivering a true and correct copy to them by electronic delivery at the time this Petition was filed. Is/ Clyde M. Siebman Clyde M. Siebman 38 APPENDIX TO RELATOR'S BRIEF Tab 1 Document Description Second Order on Payment of Attorney's Fees to Attorneys Pro Tern in The State of Texas vs. Warren Kenneth Paxton, Jr., In the District Court of Collin County Texas, 416th Judicial District, No. 416-81913-2015, No. 416-82148-2015, No. 416-82149-2015, signed by Hon. George Gallagher, filed January 9, 2017. Commissioners Court Order No. 2017-373-05-22. 2 Collin County Local Rules to Implement the Texas Fair Defense Act, 3 effective November 1, 2015 Collin County Local Rules to Implement the Texas Fair Defense Act, 4 effective January_ 22, 2016 Collin County Local Rules to Implement the Texas Fair Defense Act, 5 effective March 1, 20 17 County Auditor Jeff May's Response to Petition for Writ of Injunction, 6 filed on February 8, 2017, in In Re: Jeffory Blackard, Case No. 05-1700093-CV (before consolidation with Case No. 05-17-00094-CV) in the Court of Appeals for the Fifth District of Texas in Dallas, Texas Brief of Collin County Auditor Jeff May, filed on March 17, 2017, in 7 Jeffory Blackard v. Kent A. Schaffer, et al., Case No. 05-17-00094-CV in the Court of Appeals for the Fifth District of Texas in Dallas, Texas Order on Payment of Attorney's Fees to Attorneys Pro Tern in The State 8 of Texas vs. Warren Kenneth Paxton, Jr., In the District Court of Collin County Texas., 416th Judicial District, No. 416-81913-2015, No. 41682148-2015, No. 416-82149-2015, signed by Hon. George Gallagher, filed January 6, 2016 9 Court of Appeals for the Fifth District of Texas in Dallas, Texas Order No. 05-17-00093-CV, in In Re Jeffory Blackard, entered on January 30, 2017. 10 Court of Appeals for the Fifth District of Texas in Dallas, Texas Order No. 05-17-00094-CV, in Jeffory Blackard v. Kent A. Schaffer et. a/., entered on May 17, 2017. 11 SRC-JBJ Senate Bill 7 77(R) Bill Analysis 39 APPENDIX TAB 1 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 SECOND ORDER ON PAYMENT OF ATTORNEY'S FEES TOO ~ UJ ~ ATTORNEYS PROTEM _JO'\ - I LL :i ,._ The Attorneys Pro Tern in the above styled and numbered causes have ~ submitted request for payment of interim attorneys fees and expenses incurred - for their services. The Court finds that Article 2.07 (c) of the Code of Criminal Procedure mandates that Attorney Pro Tem(s) shall receive compensation in the same amount and manner as an attorney appointed to represent an indigent person. The Court further finds that Section 4.01 (b) of the Local Rules to Implement the Fair Defense Act of Collin County, Texas, mandates that payment can vary from the fee schedule in unusual circumstances or where the fee would be manifestly inappropriate because of circumstances beyond the control of the appointed counsel. tt is, therefore, ORDERED, ADJUDGED AND DECREED that payment of attorneys fees to Attorneys Pro Tern in these causes shall deviate from the fee schedule and each attorney shall be paid the amount in the hourly rate ordered to be paid in the Appointed Counsel Request for Compensation as submitted by the respective Attorney Pro Tern and as approved by the Court .. It is ORDERED, ADJUDGED AND DECREED that Jeff May, Auditor of Collin County, Texas, shall present these claims for payment of services to the Commissioner's Court of Collin County, Texas in accordance with all applicable local rules of Collin County, Texas, and pursuant to the mandates as set out in Government Code, Chapter 2251. It is further ORDERED, JUDGED AND DECREED that these claims shall be paid within the time limits as required by Government Code, Chapter 2251. This Order shall be enforceable by all sanctions available to the Court for noncompliance with the terms of this Order by any person or entity. SIGNED this 4th day of January, 2017. Appointed Counsel Request for Compensation This is a 4- art orm -PRESS HARD 1. Jurisdiction District 0 Offense lJ:l . .'-=-=l_p"---- --416-8191~2015 Investment Adviser or Rep w/o Regist 7118/12 416-82148-2015 Fraud Sell Securities >=$100k --416-82149-2015 Fraud Sell Securities >=$100k Defendant's or Juvenile's ·w~ff€.-V\ FullName(PRINT) 0 0 @ 1 1 State Jail Misdemeanor A B Other: 0 0 _5_6 7126/11 7126/11 ~ ::;:~IBargain 5 Disposal Code: J = Jail Time P = Probation A = Acquitted ~~ ~ [· Case Level (check offense 1111d circle felonyllllisdau!tuwr lnel, Ja Felony Offense Date Proceeding Disposal 3. Proceeding code: (use code) (use code) 1 = Trial-Jury 2 = Trial-Court Juvenile County Court at Law Court# 4. 0 2. CaliSe Number if retfuired) Adjudictltion or 0 Revocation Adjudiclllion or 0 Revocation 0 Capital Case 0 0 Appeal No Charges Filed 0 0 Juvenile Child Protective Services 14. Flat Fee - Court Appoinud Services 15. In Court Services 16. Out of Court Services $ 18. Expert W'rtness Expenses $ - 19. 10. Time Period of Service Rendered: From LZ--2).-Z0\5 Date 22. Total Compensation and Expenses Claimed (IIIUich stmt) 21. Additional Comments $ 24. Attorney Certification -1, the undersigned attorney, certify t1urt tile above information is true and co"ect and in accordllnce with the laws of tile Stille of Ta-os. The compensotion and expenses claimed were reasolltlble and necessary to pmvide effective assistonu of counseL A deto.iled Slllkment is attached. 29. To Be Added to Court Costs 0 $ Other: Adopted Oll/01/03; revised 02/01107 · CoUin Countv Task Force on Indigent Defense Original- Auditor *** Yellow- Probation *** Pink- Clerk of the Courts *** Green- Attomey State v. Paxton Kent Schaffer Worklog- Redacted December 3, 2015 - December 31, 2016 Date Activity_ 12/7/2015 ___ ,gou~ Conference/ Correspondence yYith_§~C Attorney/ Legal ~e~~-~~~~- _ Review Of Hearing TranscripU Review Of SEC Regs Re: Dodd Frankl Correspondence With 12/8/2015 Sec 12/9/2015 .Conference With Sec/ Review SEC~~~-~~~~ference With Mcneal -12/10/2015 _Review Defense Pleadings And Legal Resear~h _Wice Conference/ Review Response To Reply Re: Motio_n__!~-~-f!l~n~(~evi~\AJ-~?U_~_ Orders _ Review Reply To Responses Re: Motions To Amend/ Court, Hilder, Correspondence/ Review ~-~~1~~201 ~- _.Ranger Report _ ___ _ 1?£!~1_?Q1~--- _f_e>_~f~!~~~e_lfVi~ ~_an_~-~~!_~~~iew Tape 12/16/2015 __ C~~!~!~~_ce__ yYith qourt And Special Prosecutor/ Draft Subpoena 12/11/2015 12/17/2015 12/18/2015 12/21/2015 12/28/2015 12/29/2015 12/20/2015 12/31/2015 Conference With Ranger Re: Bank Info. And Status Of Fed Case/ Amend Subpoenas/ Locate --~~_p_o_r!_s ~or Sec/ Correspondence With Samantha Martin/ Review R~p_ly_I9__!3espe>_nse Conference Call With CourU Conference Call With Rangers/ Review Collin County Local Rules/ Conference With Assistant United States Attorneys/ Henderson And AUSA _Correspo~~~nce/ !3~view Information Re: Witness _Revi~-~ Search Warrants/ ~ild~r_And Court Correspon~_en~~!_AUSA Correspondenc~----- _____ _ Review Tapes From Investigators/ Review Defense Motion/ Conference With Wice Re: Defens~_Motio_!)j Review Collin Co~~_ty Rules _______ _ Conference With Wice Re: Response To Motion; Research I Review Discovery For Defense/ Henderson Correspondence ----· ----·· Conference Call With CourU Review Civil Pleadings - ---····-----··-Review Notices Of Appeal And Supplement To Defense Motion And Wice Conference/ Hilder Correspondence . . 1/4/2016 Conferences With Wice Re: TSSB, Response To WriU Review Transcript To Prepare For _Meet!~~ With Sec/ CC>_~rt Correspo~~ence/ Debo!~e Correspond~~ce 1/5/2016 _Trav~l_To Plano/ M~~ting With Federal Re_E:_/ Meeting Wi!~~angers/ Tr~_~el To Ho~~C>_n 1/6/2016 Conference With Feldman/ Review Law Regarding Public Information AcU Review Notices From Court Of Appeals/ Conference With CourU Draft Motion To Appoint Feldman/ Conference With Nicole Re: Gj Transcripts Conference With Feldman/ Con-ference With CourU Conference With Wice/ Review Defense Motion 1/7/2016 -CassidyAn~-~~ldman-Correspond_~nce/-R~~iew Propo~~d Order~~: Disclo~ure/ 1/8/2016 -· ---·Correspondence lf!_i!_h Ausa _ __ ___ 1/12/2016 Review Memo Re: Writ--·-Response----And Case Law 1/13/2016 ·-----· ------·· Review Feldman Pleadings 1/14/2016 1 Time 1.00 2.50 1.75 2.50 1.25 1.50 1.50 1.25 2.00 3.75 0.75 3.00 1.75-1.25 1.50 2.75 10.00 3.00 1.00 0.50 0.25 1.00 0.25 State v. Paxton Kent Schaffer Worklog - Redacted December 3, 2015 - December 31, 2016 .Cogdel!~_9!res_po~de_~~eAn_~ 9_h~ck On Discovery For Defense 1/22/20~~----~~yiew TPIA Request 1/20/2016 1/25/2016 1/26/2016 1/28/2016 1/29/2016 2/3/2016 -. 2/4/2016 t-- . 2/8/2016 2/11/2016 2/17/2016 2/19/2016 2/22/2016 2/23/2016 2/25/2016 2/26/2016 3/3/2016 3/4/2016 3/7/2016 3/8/2016 3/9/2016 3/10/2016 3/11/2016 3/15/2016 3/16/2016 3/17/2016 3/18/2016 Witness Conference Locate Discovery Docs For Atty General Opinion Letter/ Review .Transcripts Of Interviews/ Conference With AUSA I Conference With Henderson ;Review Transcripts Of lntery~~~s/ qor!~_spo~d~n~~ ~ith Au~~_/Conference ~fYith Henderson ·Review Civil Answer Of Codefendants/ Conference With Ranger Henderson/ Research Title ... Statute ---·Review Supplemental Brief For --A.-------G. Office -----· ·- --------- Review Info Re: Federal Charge/ Conference With Henderson/ Review Financial Docs/ Review SW Return AUSA Conference/ Richard Henderson Conferences Martin Conference ---·- ---·-·- --· - --------------·Henderson Conference And Correspondence/ Summary Of Paxton Financial Info ·---·--· ·-------Henderson Conference Review Thelen PIA Request . ··------Review Paxton Bank Records -·- .Conference With Mcneal/ McNeal Correspondence/ Review Paxton's Appellate Brief ----.Legal Research/ Review Info------Re: Securities Expert . - - ------. C~~ference With Ranger Hender~on R~_: ~anking Info, Sa!~--~eports/ Conference With Henderson/ Review Search Warrant And Affidavit Henderson Correspondence/ Feldman Correspondence ----··· -------· ------Consultation With SEC I Review Information Re: SEC Registration ··--------·· ------- -Correspondence With Henderson/ Review Draft Of State's Response To Defendants Writ/ ·Conference With-- ---· Wice Re: Writ ·----.Review Pleadings _And Disco_~_ry In Blacka~~ -~uit __ ____ _ Wice Correspondence And Conference Regarding Expert Witness/ Review Revised Draft Of Response To Writ And Proof Reading/ .. M_eeting W~~h Mcnea~_fourt A£_Pearance~I_rave1To Dal~as Conference With Mcneal -- -Correspondence With Henderson .Disclosure And Bank Records ~-Review Plea9lng In-TP_l_A Cas~LRanger C~rresponden~e Re: -~,Conference With SEC Atty_ _ ___ __ ···-·- ·-·. 0.25 0.25 2.00 1.00 2.00 -- -0.50 _,, .. 1.25 0.75 0.25 1.25 0.50 0.25 -1.25 2.25 0.50 1.50 1.50 0.75 1.25 ····- .. . 2.00 2.25 2.75 10.00 0.25 1.00 1.00 0.25 3/21/2016 Susan Oswald Conference I Conference With David Feldman/ Correspondence With Feldman/ Conference Wit~__ Rang_~rs/ Confe!ence With NicoleL Revieii!__Statute R~: 2.25 3/22/2016 -· 3/31/2016 .Review TSSB Order/ Re~ew Info Re: Witness/ Meeting V\{~_h NicoJ~ And Wice Re: ~itness_ Conference With Henderson 1.00 0.50 2 State v. Paxton Kent Schaffer Worklog - Redacted December 3, 2015 - December 31, 2016 4/3/2016 4/5/2016 4/6/2016 4/8/2016 --·-··- 4/11/2016 4/12/2016 Review Henderson Correspondence And Powerpoint Review Defense Brief/ Review Mowery Records And McNeal Correspondence !McNeal Confer~nc~[ -~~~i~~- Mow~ryB_ank_ ~e~~rds ~n-~ ~~-~-~r~~- ~~: ~-B:~ton Henderson Conference -··--·--·- --- ·-- -· -- ------------ --Samantha Martin Conference/ Review SEC Pleadings/ Wice And Deborde Conference/ ..Henderson Conference -------------------·--:wice Corresponden~e-~~~-~_o_n!~t~~~e_Regarding Oral Argument .. ······- 1.00 2.50 1.50 0.25 2.00 0.50 4/14/2016 4/15/ 4/18/2016 4/19/2016 4/21/2016 Henderson Correspondence/ Samantha Martin Conference I Review Henderson Powerpoint! ------------- ----·-. _'!"_ice An~ qeborde Correspond en~~- ____ _ Wice And Deborde Correspondence/ Review ----Case Law Re: . ·-----· Conference Call With Henderson And Travis DA/ _Re~J~w -~J~ckard Pleadings-~~~ lnj~~ction 1.25 0.25 0.75 1.25 0.75 4/22/2016 .Review Travisg~~_nty Correspondenc~L~9Neal Conference/ H~_nderson Conference Correspondence And Conference With Wice Re: Argument In 5th Ct /Research Re: Gov Code And 404b Evidence/ Henderson Conference Correspondence With Wice And Nicole Re: I Henderson Conference/ Review Mowery Rent Powerpoin!___ ____ Patel Correspondence/ Wice Re: Issues For Argument . ·--------· Review Pre-Submission Brief And Wice Conference Henderson Conference -------· Henderson And McNeal Conf Review Defense Opposition To_~te Submissio_n Brief And §tate's Respons~_ 1.00 4/27/2016 4/29/2016 ·----5/3/2016 -------·· 5/4/2016 5/5/2016 5/6/2016 5t9t2016 5/11/2016 5/12/2016 5/13/2016 Travel To Dallas/ Meeting With Wice And Deborde Re: Argument! McNeal Conference Henderson Conference Review Paxton Tape/ Review_New Mowery__§pread She~t 2.00 1.50 0.50 0.75 0.25 0.50 0.50 4.25 Meeting With Wice And Deborde/ Court! Travel To Houston/ Henderson Conference 'ConferenceWith H-enderson (X2}TReview 36.08 And ·case Law/ Wice -Conference Re: Cox Meetint 6.50 Travel To Austin/ Meeting With Rangers And ... ./ Conference With Henderson (Phone) Conferences-With Henderson/ Review Spreadsheets And Bank Records.Re: 4048 Evidence/ Review ... Re: ... ---Review Correspondence Re: ... -·Henderson Conference And Review PaxtonTMoweriBilling Records i Hen~erson_ Conference And Revie'A'£a-xton~oweryBITiing -~ecords._._·_ Henderson Conference Review Spreadsheet From Dps ... :Review Court OtAppeals Opinion/ Research Re:. ..I Henderson Conference 8.50 3.50 t-- 5/16/2016 I- 5/17/2016 ·-·5/18/2016 5/24/2016 5/27/2016 5/31/2016 6/1/2016 I-- 3 3.25- 0.50 0.75 0.75 1.00· 1.75 State v. Paxton Kent Schaffer Worklog- Redacted December 3, 2015 - December 31, 2016 ;Review .. Correspondence/ ... Conference/ Henderson Conference/ Review Analyst Report 6/2/2016 _And Ethics Opinions From A. G. _________________ _ 6/6/291? _______ Re_vi_~~-l~f~rm_ation Related To 404 (B) 6/7/2016 Henderson Conference 6/15/2016 _Review Defense Motion Fo~-~~earing _ -- ----------·612~1?01 §__ _.Review Ranger Reports/ Conf~ren~-~YY_ith ~enderson/ Review Police Report _________ __ __ _ 7/5/2016 __ _13_evi~w ... And Corresponden~e-~it~_ ~angers 7/6/2016 .~~~~ere~_~e Call With Rangers .. --- 2.25 0.50 1.00 1.50 1.50 0.75 0.50 7/7/2016 7/13/2016 7/14/2016 7/18/2016 Conference With Henderson/ Review SEC ---·--·------Response Of --Paxton/ Review Notice Of Disclosure ----· .Conference With Hen9_~rson And Prep ForJI_~ ~ Meeting _Travel To Austi~-~~d Meeting At Dp~ Witness Conf 1.00 1.75 8.50 0.50 7/19/2016 2.25 7/20/2016 7/21/2016 Witness Conferenc~i_Henderson ~~nf~rence With ... Re: S~C _Qiscovery/ Re~e~~ch Re: ... ... Correspondence/ Prepare Documents For Sec/ Barry ... Conference/ Correspondence With ... / ... Correspondence/ Henderson Conference Witness Conference 7/28/2016 8/4/2016 8/5/2016 Henderson Conference Wice Conference Correspondence With Henderson/ Research -----· --Henderson Conference . -----· .Wl~~- Conference R~view Pdr T~_Court Of Cri_~_inal Appeals ··-··-·· Review Final Pdr Response/ Conference With Potential Witness/ Conference With Richard Henderson/ Review Alabama Pleadings Re: Servergy/ Correspondence With Court- - · . ·----··--·--Correspondence -Henderson ---·--Review ... Correspondence/ Review ·Statute/ Henderson Conference . ------------· ----Conference Call With Court/ Review Of Discovery For Defense/ Hilder Correspondence And 8/23/2016 .L~~ate Disc~y~ry Item ~-~! Hilder___ ___ _ ---8/25/2016 McNeal Conference/ Review And -----· Prep Discovery For Defense ·-----------Wice And Henderson Conf 8/30/2016 Henderson Conference 9/2/2016 --· ···9/8/2016J~cobson qorrespondence/ Re_view ... -~aterials -· Henderson Conf 9/9/2016 --·· 9/12/2016 ~~eview Preferred _ _!_l!laging_pocs __ _ __ _ _ --9/20/2016 Meeting With_R~ngers£-nd Org~nize qocs Fo~ Trial -· ·-9/21/2016 .f\.1~eting With Rangers/ R~~ew Of_~eco~ UPDATED flight reservation (RPGIWH) I 05JAN161 HOU-DAL I Schaffer/Kent 1 message Mon, Jan 4, 2016 at 5:07 Southwest Airlines PM Reply-To: Southwest Airlines To: KENTSCHAFFER@gmail.com Thanks for choosing Southwest® for your trip. & Log in I View my itinerary I Change Flight Check Flight Status ChKk '" 0"""' Hotel Offers Special Offers Car Offers I Ready for takeoff! C) ~ Thanks for choosing Southwest® for your trip. You'll find everything you need to know about your reservation below. Happy travels! Upcoming Trip: EJ 01/05/16- Dallas Air itinerary AIR Confirmation: RPGIWH Confirmation Date: 01/4/2016 Est. Points Earned . Passenger(s) Rapid Rewards # Ticket # Expiration SCHAFFER/KENT 417126 5262170530589 Dec 28, 2016 4418 Flight Date Business Select Departure/Arrival 1.: I• Add a hotel :;.~ p d Rev:,'rd~ po1 nt~ ! -./ E;; ·n I -./ 8 £:st f } te 9u,; -;)ntc•.: ' Tue Jan 5 Flight Date Tue Jan 5 tlil Depart HOUSTON (HOBBY), TX (HOU) on Southwest Airlines at 08:00AM Arrive in DALLAS (LOVE FIELD), TX (DAL) at 09:00AM Travel Time 1 hrs 0 mins Business Select 8 39 Early Bird Departure/Arrival Depart DALLAS (LOVE FIELD), TX (DAL) on Southwest Airlines at 4:00 PM Arrive in HOUSTON (HOBBY), TX (HOU) at 5:05PM Travel Time 1 hrs 5 mins Anytime Bags fly free®: First and second checked bags. Weight and size limits apply. One small bag and one personal item are permitted as carryon items, free of charge. > Book a hotel ! ~ Add a rental car ; )v EJ·n : Travel more for less. https://mail.goog1e.com/mailfu/O/?ui=2&ik=53aafa073c&view=pt&search=inbox&th= 1520. .. 1/6/2016 Gmail - Your Tuesday morning trip with Uber Page 1 of2 .J (l_~~-- j'--~t,__c.l~e Kent ~haffer Your Tuesday morning trip with Uber 1 message Uber Receipts To: kentschaffer@gmail.com U F-~ Tue, Jan 5, 2016 at 9:40AM R JANUARY 5, 2016 $108.24 Thanks for choosing Uber, Kent FARE BREAKDOWN 7.00 Base Fare Distance 85.91 Time 14.06 $106.97 Subtotal 1.27 DNT to US75/Aima/Piano Toll (?) CHARGED $108.24 lal Personal •••• 5007 (!; 08:59am 7434-7446 Herb Kelleher Way, Dallas, TX @ YOU'VE EARNED 2X POINTS 09:40am MEMBERSHIP REWARDS® 151-157 E Park Blvd, Plano, TX CAR MILES TRIP TIME BLACK CAR 24.90 00:40:10 You rode with Daniel RATE YOUR DRIVER . Issued on behalf of Adonis Transportation and Limo Services https://mail.google.com/mail/u/O/?ui=2&ik=53aafa073c&view=pt&search=inbox&th= 1521... 1/6/2016 Biviana Sorenson From: Kent Schaffer Saturday, March 12, 2016 7:35 PM Biviana Sorenson Fwd: Your Friday afternoon trip with Uber Sent: To: Subject: ---------- Forwarded message ---------From: Uber Receipts Date: Fri, Mar 11,2016 at 3:31PM Subject: Your Friday afternoon trip with Uber To: kentschaffercmgmail.com MARC il II. 20 i6 $38.01 ~ ·~ - @ .,./,- ® FARE BREAKDOWN University Park ® ,» Base Fare 7.00 Distance 22.69 Highland Park @~ v @]) ~ lias . -~ ': • 0. - C1 8.32 Time V~O HOV I ~ r.-:::::'1 • Map data @2016 Google $38.01 Subtotal 03:07pm 602 Commerce St, Dallas, TX CH ARGED @ faPersonal •••• 7003 . 03:31pm 7897-7909 Herb Kelleher Way, Dallas, TX YOU'VE EARNED 2X POINTS MEMBERSHIP REWARDS® C:\R UberBLACK 6.58 00:23:47 1 $38.01 You rode with Metalem Free Rides Kent A. Schaffer Bires Schaffer & DeBorde JP Morgan/Chase Bank Bldg. 712 Main Street, Suite 2400 Houston, Texas 77002 713-228-8500 kentschaffer@gmail.com www.bsdlawfirm.com 2 Gmail- Flight reservation (9Z9F3H) J11MAY16J HOU-DAL I Schaffer/Kent 5/l/2016 1'1 GmaH Kent Schaffer Flight reservation (9Z9F3H) I11MAY161 HOU-DAL I Schaffer/Kent 2 messages Southwest Airlines Reply-To: Southwest Airlines To: KENTSCHAFFER@gmail.com Tue, May 3, 2016 at 5:23 PM Thanks for choosing Southwest® for your trip. .& Southwest'• Log in I View my itinerary I, I Ready for takeoff! Thanks for choosing Southwest® for your trip. You'll find everything you need to know about your reservation below. Happy travels! Upcoming Trip: 05/11/16- Dallas AIR Confirmation: 9Z9F3H Confirmation Date: 05/3/2016 • Passenger(s) Rapid Rewards # Ticket # Expiration Est. Points Earned SCHAFFER/KENT 417126 5262406935523 May 3, 2017 5110 Ifta Add a hotel Rapid Rewards points earned are only estimates. Visit your (MySouthwest, Southwest. com or Rapid Rewards} account for the most accurate totals - including A-List & A-List Preferred bonus points . Flight Date Wed May 11 Flight Date Thu May 12 Iill 44 31 Business Select 0 Business Select 0 Departure/Arrival Depart HOUSTON (HOBBY), TX (HOU) on Southwest Airlines at 5:00 PM Arrive in DALLAS (LOVE FIELD), TX (DAL) at6:00 PM Travel Time 1 hrs 0 mins Business Select v' B::·:.t ntc: gu;;·,:ntc·:· . v' ~-c ·:.: -::m:c·!!J1i::n Book a hotef > Add a renta I car Departure/Arrival Depart DALLAS (LOVE FIELD), TX (DAL) on Southwest Airlines at 2:00PM Arrive in HOUSTON (HOBBY), TX (HOU) at 3:05PM Travel Time 1 hrs 5 mins Business Select Bookacar > Bags fly free®: First and second checked bags. Weight and size limits apply. One small bag and one personal item are permitted as carryon https://mail .google.com/maillu/O/?ui=2&ik=53aafa073c&view=pt&search=inbox&th=15478b8895f31636&siml=15478b8895f31636&siml=15478bbf62604354 1/3 5i312016 Gmail- Flight reservation (9Z9F3H) I11MAY161 HOU-DAL I Schalfer/Kent items, free of chatge. 30 minutes before departure: We encourage you to arrive in the gate area no later than 30 minutes prior to your flight's scheduled departure as we may begin boarding as early as 30 minutes before your flight. Travel more for less. [r,·-•u:·~~:··/~ 10 minutes before departure: You must obtain your boarding pass(es) and be in the gate area for boarding at least 10 minutes prior to your flight's scheduled departure time. If not, Southwest may cancel your reserved space and you will not be eligible for denied boarding compensation. 0 If you do not plan to travel on your flight: In accordance with Southwest's No Show Policy, you must notify Southwest at least 10 minutes prior to your flight's scheduled departure if you do not plan to travel on the flight. If not, Southwest will cancel your reservation and all funds will be forfeited. Air Cost: 485.96 Fare Rule(s): 5262406935523: NONTRANSFERABLE. Valid only on Southwest Airlines. All travel involving funds from this Confirmation Number must be completed by the expiration date. Unused travel funds may only be applied toward the purchase of future travel for the individual named on the ticket. Any changes to this itinerary may result in a fare increase. deals f.:::·r·\·Cui r HOU WN DAL212.91KZBP WN HOU212.91KZBP 425.82 END ZPHOUDAL XFHOU4.5DAL4.5 AY11.20$HOU5.60 DAL5.60 e 4lliilfl Learn about our boarding process...JII' ~ ~ Learn about inflight WiFi & entertainment...JII' Cost and Payment Summary ?( AIR - 9Z9F3H Base Fare Excise Taxes Segment Fee Passenger Facility Charge September 11th Security Fee Total Air Cost Useful Tools $ 425.82 $ 31.94 $ 8.00 $ 9.00 $ 11.20 Payment lnfonnation Payment Type: Amer Express XXXXXXXXXXX7003 Date: May 3, 2016 Payment Amount: $485.96 $ 485.96 Know Before You Go Special Travel Needs Check In Online In the Airport Traveling with Children Early Bird Check-In Baggage Policies Traveling with Pets View/Share Itinerary Suggested Airport Arrival Times Unaccompanied Minors Change Air Reservation Security Procedures Baby on Board Cancel Air Reservation Customers of Size Customers with Disabilities Check Flight Status In tile Air Flight Status Notification Purchasing and Refunds Book a Car Book a Hotel https://mail.google.c0111/maillu/O/?ui=:2&ik=53aafa073c&view=pt&search=inbox&th=15478b8895f31636&siml=15478b8895f31636&siml=15478bbf62604354 2/3 INVOICE 396th District Court ~CHECKPAYABLETO: Lisa G. Morton, CSR Official Court Reporter: 396th 401 West Belknap Fort Worth, Texas 76196 Phone: 817.884.2767 Fax: 817.884.3361 Email: lmorton@tarrantcounty.com Bill to: Mr. Kent A. Schaffer Bires Schaffer & Deborde JP Morgan/Chase Bank Bldg. 712 Main St. 24th Floor Houston, Texas 77002 DATE: DECEMBER 2, 2015 Reporter's Record Quantity (Pages) Cost Per Page Case 220 1.50 The State of Texas vs. Warren Kenneth Paxton, Jr. Copy of rush transcription of December 1, 2015 hearing Cause No. Collin County Cause Nos. 416-81913-2015 416-82148-2015 416-82149-2015 TOTAL DUE Total $330.00 $330.00 THANK YOU-LISA G. MORTON, OFFICIAL COURT REPORTER 396TH JUDICIAL DISTRICT COURT-TARRANT COUNTY tdg The Document Group The Document Group Invoice Tax ID # 11-3798060 1010 Lamar, Suite 120 Houston, Texas 77002 Date Invoice# 2/29/2016 1600749 a minority-owned company BILL TO: REMIT PAYMENT TO: Bires Schaffer & DeBorde 712 Main Street, Suite 2400 Houston, Texas 77002 • 1!1· Quantity -·· Item Code The Document Group 1010 Lamar, Suite 120 Houston, Texas 77002 Ordered By Terms Rep P. 0. #/Client Matter Biviana Sorenson Net20 CYP PAXTON Description Price Each 377 Blowbacks Blowbacks from Digital Media 377 OCR OCR Scanning 377 Electronic Label Electronic Branding/Labeling (Bates: PAX27060 to 27436) 2 CD Creation Master CD Creation (Includes Tech Time) Bates Labels 0027060-0027436 Sales Tax PLEASE PAY FROM THIS INVOICE. THANK YOU FOR YOUR BUSINESS! Amount 0.10 0.01 0.03 37.70T 3.77T 11.31T 15.00 30.00T 8.25% Total 6.83 ~· ~ $89.61 ~ Your signature below is an agreement that the above described work has been authorized and received. The party above assures payment of this invoice within 30 days. Received By: Date: _ _ _ _ _ __ I~ .V tdg The Document Group The Document Group a minority-owned company Tax ID # 11-3798060 1010 Lamar, Suite 120 Houston, Texas 77002 Quantity Invoice# 1/29/2016 1600354 REMIT PAYMENT TO: Bires Schaffer & DeBorde 712 Main Street, Suite 2400 Houston, Texas 77002 • Date ® BILL TO: 1!1· Invoice ·_ .. The Document Group 1010 Lamar, Suite 120 Houston, Texas 77002 Ordered By Terms Rep Biviana Net20 CYP Item Code 496 Blowbacks 4 Slip Sheets P. 0. #/Client Matter PAXTON Price Each Description Blowbacks from Digital Media Slip Sheets Provided 2 8.5x11 BIW Scans, 8.5xll 496 File Conversion File Conversion 496 Electronic Label Electronic Branding/Labeling (Bates: PAX26564 to 27059) OCR Scanning 496 OCR 1 Elec. Data Disc. Electronic Data Discovery - Process 158 MB of Native Files Master CD Creation (Includes Tech Time) I CD Creation I Office Supplies USB Flashdrive Sales Tax Amount 0.10 0.05 49.60T 0.20T 0.14 0.015 0.03 0.28T 7.44T 14.88T 0.01 150.00 4.96T I50.00T 15.00 24.99 8.25% 15.00T 24.99T 22.06 PA~p to~ ~w . CK NO DATE · q;\7J:v: PLEASE PAY FROM THIS INVOICE. THANK YOU FOR YOUR BUSINESS! -- Total $289.41 Your signature below is an agreement that the above described work has been authorized and received. The party above assures payment of this invoice within 30 days. Date:_ _ _ _ _ __ Received By: tdg The Document Group The Invoice Tax ID # 11-3798060 1010 Lamar, Suite 120 Houston, Texas 77002 Document Group Date Invoice# 10/19/2015 1503888 a minority-owned company BILL TO: REMIT PAYMENT TO: Bires Schaffer & DeBorde 712 Main Street, Suite 2400 Houston, Texas 77002 The Document Group 1010 Lamar, Suite 120 Houston, Texas 77002 . Ordered By Terms Rep Biviana Sorenson Net20 CYP P. 0. #/Client Matter PAXTON· 8.25% Sales Tax 61.43 p .Ci<. NO. -~r-1-?Jhi++-t~­ DAlc _ _-b,LlL_k:~~.x....::=l-- PLEASE PAY FROM THIS INVOICE. THANK YOU FOR YOUR BUSINESS! Total $806.03 Your signature below is an agreement that the above described work has been authorized and received The party above assures payment of this invoice within 30 days. Date: _ _ _ _ _ _ __ Received By: tdg The Document Group The Document Group Invoice Tax ID # 11-3798060 1010 Lamar, Suite 120 Houston, Texas 77002 Date Invoice# 3/29/2016 1600957 a minority-owned company BILL TO: REMIT PAYMENT TO: Bires Schaffer & DeBorde 712 Main Street, Suite 2400 Houston, Texas 77002 Quantity Item Code The Document Group 1010 Lamar, Suite 120 Houston, Texas 77002 Ordered By Terms Rep Biviana Net20 CYP Description P. 0. #/Client Matter Paxton Price Each Blowbacks from Digital Media 105 Blowbacks OCR Scanning 105 OCR 105 Electronic Label Electronic Branding/Labeling (P AX2 743 7 to 27541) Master CD Creation (Includes Tech Time) 2 CD Creation ***PROJECT DELNERED ON 3/15/16*** Sales Tax PLEASE PAY FROM TillS INVOICE. THANK YOU FOR YOUR BUSINESS! Amount 0.10 0.01 0.03 10.50T 1.05T 3.15T 15.00 30.00T 8.25% 3.69 Total Your signature below is an agreement that the above described work has been authorized and received. The party above assures payment of this invoice within 30 days. Date:_---,-_ _ _ _ __ Received By: tdg The Document Group The Document Group Invoice Tax ID # 11-3798060 1010 Lamar, Suite 120 Houston, Texas 77002 Date Invoice# 5/31/2016 1601838 a minority-owned company BILL TO: REMIT PAYMENT TO: Bires Schaffer & DeBorde 712 Main Street, Suite 2400 Houston, Texas 77002 • [!]. Quantity 2, 794 45 1,397 1,397 ·_ .. Item Code Blowbacks 8 ..Sx11 OCR Electronic Label 2 CD Creation The Document Group 1010 Lamar, Suite 120 Houston, Texas 77002 Ordered By Terms Rep P. 0. #/Client Matter Biviana Sorenson Net20 CYP PAXTON Description Price Each Blowbacks from Digital Media B/W Scans, 8.5x11 OCR Scanning Electronic Branding/Labeling (PAX27542 TO 28938) Master CD Creation (Includes Tech Time) ***PROJECT DELIVERED ON 5/24116*** Sales Tax PLEASE PAY FROM THIS INVOICE. THANK YOU FOR YOUR BUSINESS! Amount 0.10 0.12 0.01 0.03 279.40T 5.40T 13.97T 41.91 T 15.00 30.00T 8.25% 30.58 Total ~ Your signature below is an agreement that the above described work has been authorized and received. The party above assures payment of this invoice within 30 days. Received By: Date: _ _ _ _ _ _ __ tdg The Document Group The Document Group a minority-owned company Invoice# 5/31/2016 1601838 REMIT PAYMENT TO: Bires Schaffer & DeBorde 712 Main Street, Suite 2400 Houston, Texas 77002 2, 794 45 1,397 1,397 Date ® BILL TO: Quantity Invoice Tax ID # 11-3798060 1010 Lamar, Suite 120 Houston, Texas 77002 Item Code Blowbacks 8.5x11 OCR Electronic Label 2 CD Creation 0.5 Tech Time The Document Group 1010 Lamar, Suite 120 Houston, Texas 77002 Ordered By Terms Rep P. 0. #/Client Matter Biviana Sorenson Net20 CYP PAXTON Description Price Each Blowbacks from Digital Media B/W Scans, 8.5x11 OCR Scanning Electronic Branding/Labeling (PAX27542 TO 28938) Master CD Creation (Includes Tech Time) Tech Time/Computer Time (Ingest Data) ***PROJECT DELIVERED ON 5/24116*** Sales Tax PLEASE PAY FROM TH1S INVOICE. THANK YOU FOR YOUR BUSINESS! Amount 0.10 0.12 0.01 0.03 279.40T 5.40T 13.97T 41.91T 15.00 70.00 30.00T 35.00T 8.25% 33.47 Total Your signature below is an agreement that the above described work has been authorized and received. The party above assures payment of this invoice within 30 days. Received By: Date: _ _ _ _ _ _ __ tdg The Document Group The Document Group a minority-owned company ® Phone# 713-343-4000 Tax ID # 11-3798060 1010 Lamar, Suite 120 Houston, Texas 77002 BILL TO: Date Invoice# 9/30/2016 1603466 REMIT PAYMENT TO: Bires Schaffer & DeBorde 712 Main Street, Suite 2400 Houston, Texas 77002 Quantity Invoice Item Code 51 Blowbacks The Document Group 1010 Lamar, Suite 120 Houston, Texas 77002 Ordered By Terms Rep Nicole De Borde Net20 CYP Description P. 0. #/Client Matter Paxton Price Each BW Blowbacks from Digital Media 26 8.5x11 BIW Scans, 8.5x11 OCR Scanning 37 OCR 37 Electronic Label Electronic Branding/Labeling (Seq: PAX28939 through PAX28975) 1 Elec. Data Disc. Electronic Data Discovery- Process Native Files, perGB Master CD Creation (Includes Tech Time) 3 CD Creation Sales Tax PLEASE PAY FROM THIS INVOICE. THANK YOU FOR YOUR BUSINESS! Total Amount 0.10 5.10T 0.14 0.10 0.03 3.64T 3.70T l.llT 150.00 150.00T 15.00 8.25% 45.00T 17.21 $225.76 Your signature below is an agreement that the above described work has been authorized and received The party above assures payment of this invoice within 30 days. Received By: Date:_ _ _ _ _ __ Highland Park• FARE BREAKDOWN Base Fare 7.00 Distance 20.38 ..... .,'l' ~o" ~ 0 Map data ©2016 Google 06:22pm 0 6.71 Time 7762-7786 Herb Kelleher Way, Dallas. TX 06:41pm Subtotal $34.09 I 0 l-599 Crescent Ct. Dallas, TX C\R UberBLACK ~ILF.S TKIP 1:-H CHARGED 5.91 00:19 :10 fa!Personal •••• 7003 $34.09 YOVVE EARNED 2X POINTS MEMBERSHTP RFW ARDS i< I You rode with Tesha1e s llf lf ,, t Need help? r , H , 1r " tl Track n 11 1t ll ' ,.,L r t .1rr contact >.... ~· \ t. do" n. 2 liS '' • 1 Free Rides FARE BREAKDOWN ·tiD Dallas Map data ©2016 Google The Crescent, Dallas, TX Base Fare 7.00 Distance 4.81 Time 2.49 $15.00 Minimum 0.70 ® 08:18am 21 I S Akard S1. Dallas, TX Subtotal C R \.IlLES TRIP l \II UberBLACK 1.40 00:07:07 $15.00 CIIARGED $15.00 l.ii:'!Personal •••• 7003 YOli'\'E EARl\ ED 2\': POI'\TS Mf'\1Bf.RSIIIP Rf\\'AROSJ< You rode with Omar J Need help? . ' 1 ,, tr l - I I Tra~k t \l,. l I t l .:ontad '" = t. \ 1111 I l" II it do\\ n. 2 •...._ '··· free Rides f • ~ -- [!] I ~~ Thanks for choosing Southwest® for your trip. You'll find everything you need to __j_...J know about your reservation below. Happy travels! L . ._ _ Upcoming Trip: E3 03/10/16- Dallas Air itinerary AIR Confirmation: 9T7WLI Date Flight Business Select [ID Date Fri Mar 11 Flight Business Select 45 [[t Confirmation Date: 03/2/2016 [!] --- - Departure/Arrival Depart HOUSTON (HOBBY), TX (HOU) on Southwest Airlines at 09:00AM Arrive in DALLAS (LOVE FIELD), TX (DAL) at 10:00 AM Travel Time 1 hrs 0 mins Business Select ~ Departure/Arrival Depart DALLAS (LOVE FIELD), TX (DAL) on Southwest Airlines at 5:30 PM Arrive in HOUSTON (HOBBY), TX (HOU) at 6:30PM Travel Time 1 hrs 0 mins Business Select Bags fly free®: First and second checked bags. Weight and size limits One small bag and one personal item are permitted as carryon items, free of charge. ~· 30 minutes before departure: We encourage you to arrive in the gate area no later than 30 minutes prior to your flight's scheduled departure as we may begin boarding as early as 30 minutes before your flight. 10 minutes before departure: You must obtain your boarding pass(es) and be in the gate area for boarding at least 10 minutes prior to your flight's scheduled departure time. If not, Southwest may cancel your reserved space and you will not be eligible for denied boarding If you do not plan to travel on your flight: In accordance with Southwest's No Show Policy, you must notify Southwest at least 10 minutes prior to your flight's scheduled departure if you do not plan to travel on the flight. If not, Southwest will cancel your reservation and all funds will be forfeited. Air Cost: 495.96 [!] ~ Fare Rule(s): 5262188476107: NONTRANSFERABLE. Valid only on Southwest Airlines. All travel involving funds from this Confirmation Number must be completed by the expiration date. Unused travel funds may only be applied toward the purchase of future travel for the individual named on the ticket. Any changes to this itinerary may result in a fare increase. Learn about our boarding processc:;J [d Learn about inflight WiFi & entertainmentr::;J AIR - 9T7WLI Base Fare Excise Taxes Segment Fee Passenger Facility Charge September 11th Security Fee Total Air Cost $ 435.14 $ 32.62 $ 8.00 $ 9.00 $ 11.20 Payment Information Payment Type: Ticket Exchange Date: Mar 2, 2016 Payment Amount: $495.96 $ 495.96 Exchange Detail Mar 1, 2016 From ticket# 5262188165375 to ticket# 5262188476107 Useful Tools Know Before You Go Special Travel Needs Check In Online In the Airport Traveling with Children Early Bird Check-In Baggage Policies Traveling with Pets View/Share Itinerary Suggested Airport Arrival Times Unaccompanied Minors Change Air Reservation Security Procedures Baby on Board Cancel Air Reservation Customers of Size Customers with Disabilities Check Flight Status In the Air Flight Status Notification Purchasing and Refunds Book a Car Book a Hotel Legal Policies & Helpful Information Privacy Policy Customer Service Commitment Notice of Incorporated Terms FAQs Contact Us Book Air Book Hotel Book Car Book Vacation Packages See Special Offers Manage My Account Good morning, Kent j Member Since 1979 Platinum Card• (ending -47003) r -----Posted Transactions ) I ~ Billing Statements & Documents II Trends summary•! DATE& DESCRIPTION CARD MEMBER AMOUNT MAY 11 2016 RSWD CRESCENT HOTEL - DALLAS, TX Kent A Schaffer $484.09 Biviana Sorenson From: Sent: To: Subject: Kent Schaffer Wednesday, March 16, 2016 5:00 PM Biviana Sorenson Fwd: Ticketless Travel Passenger Itinerary put this as well as my expenses on the paxton bill ---------- Forwarded message ---------From: Southwest Airlines Date: Fri, Mar 11,2016 at 3:13PM Subject: Ticketless Travel Passenger Itinerary To: KENTSCHAFFER@gmail.com Davtd Morns Feldman is lakin off soon! My Account I View My Itinerary Online Check In Online Check Flight Status Special Offers Hotel Deals Car Deals Upcoming Travel Plans for David Morris Feldman I0 ·- -1 r - - - - - , You're receiving this e-mail at the request of the purchaser, Passenger, or individual responsible for making the travel arrangements below. This is a one-time communtcatton, and you wtll not recetve further e-matls from Southwest Atrhnes without your consent. . AIR Itinerary AIR Confirmation: 9KXXVY Passenger(s) FELDMAN/DAVID MORRIS Date Flight Departure/Arrival Fri Mar 11 41 Depart DALLAS (LOVE FIELD), TX (DAL) on Southwest Airlines at 4:30PM Arrive in HOUSTON (HOBBY), TX (HOU) at 5:35PM Travel Time 1 hrs 5 mins Bags fly free®: First and second checked bags. Weight and size limits .rum!::£. One small bag and one personal item are permitted as caeyon items, free of charge. 30 minutes before departure: We encourage you to arrive in the gate area no later than 30 minutes prior to your flight's scheduled departure as we may begin boarding as early as 30 minutes before your flight. 10 minutes before departure: You must obtain your boarding pass(es ) and be in the gate area for boarding at least 10 minutes prior to your flight's scheduled departure time. If not, Southwest may cancel your reserved space and you will not be eligible for denied boarding compensation . If you do not plan to travel on your flight: In accordance with Southwest's No Show Policy, you must notify Southwest at least 10 minutes prior to your flight's scheduled departure if you do not plan to travel on the flight. If not, Southwest will cancel your reservation and all funds will be forfeited . 00 Flight Status Alerts Stay on your way with flight departure or arrival status via text message or email. Subscribe Nowt::?.: Useful Tools Know Before You Go Specific Travel Needs Check-In Online In the Airport Traveling with Children Early Bird Check-In Baggage Policies Traveling with Pets View/Share Itinerary Suggested Airport Arrival Times Unaccompanied Minors Change Air Reservation Securitv Procedures Baby on Board Customers with Disabilities Cancel Air Reservation Customers of Size Check Flight Status In the Air Flight Status Notification Purchasing and Refunds Book a Car Book a Hotel Legal Policies & Helpful Information Privacy Policy Customer Service Commitment Notice of Incorporated Terms FAQs Contact Us Book Air 1 Book Hotel 1 Book Car 1 Book Vacation Packages See Special Offers Manage My Account This is a post-only mailmg from Southwest Airl1nes. Please do not attempt to respond to lh1s message. Your pnvacy IS Important to us. Please read our Privacy Policy. 2 Appointed Counsel Request for Compensation This is a 4-part form -PRESS HARD 1. Jurisdictior1 1. C11use Number ~istrict 0 0 Offense D11te Proceeding Disposlll 3. Proceedir~g code: (use code) 1 = Trilli-Court (use code) 1 = Trilli-Jury 4 = Plea-Bargair1 3 = Plea-Ope" Offense 41 ~ ·81qiS· i015 5e.c. '2.9 · Z: iS5~ Juvenile County Court at Law ~~~·Sa-148·~015 Court# 2.9 ·G·I /55~ 4/G -81149. 20i5 .Sec. '1..9 C· ;/ssA 4. Defendant's or Juvenile's Full Name (PRINT) 7/?..wLI I 5 5 7 /1-eL 11 5 '"tLIBb'L SEC 5=0ther Pe.E:• 'TQi~L Dispos11l Code: J=JailTime P = Probation A = Acquitted Wt wrote: Thanks for choosing Sollthwest® for your tnp .! LogJn I View mv. itinerarv.. Southwesf Check In Online Check Flight Status Change Flight Spec tal Offers Hotel Offers Car Offers Ready for takeoff! C) Thanks for choosing Southwest® for your trip . You'll find everything you need to know about your reservation below. Happy travels! .,.,.,- Upcoming Trip: ?{ 03/11/16 - Blackard Civil Suit Air itinerary AIR Confirmation: RCKPIE Confirmation Date: 03/4/2016 Passenger(s} Rapid Rewards # Ticket# Expiration Est. Points Earned WICEIBRIAN W 21987560 5262189280628 Mar 4, 2017 3942 Rapid Rewards points earned are only estimates. Visit your (MySouthwest, Southwest. com or Rapid Rewards) account for the most accurate totals - induding A-List & A-List Preferred bonus points. Flight Date Fri Mar 11 12 Flight Date Departure/Arrival Depart HOUSTON (HOBBY}, TX (HOU} on Southwest Airl ines at09:00 AM Arrive in DALLAS (LOVE FIELD}, TX (DAL) at 10:00 AM Travel Time 1 hrs 0 mins Anv.ttme Departure/Arrival BIB ./ l::arn Addahotel ~p d Rcv.•ards po1 nts . / Bes-t r tc gua ntee Fri Mar 11 47 Depart DALLAS (LOVE FIELD}, TX (DAL} on Southwest Airlines at6 :00 PM Arrive in HOUSTON (HOBBY}, TX (HOU} at 7:00 PM Travel Time 1 hrs 0 mins Anyjime Check in for your flight(s): 24 hours before your trip on Southwest. com or your mobile device to secure your boarding position . You'll be assigned a . / ~ re c ncellatton Book a hotel ~ > Add a rental car ', boarding position based on your check-in time. The earlier you check in within 24 hours of your flight, the earlier you get to board. ../' Earn apid Rev.•;.uds" points ../' Guaranteeo low rat _s ('l Bags fly free®: First and second checked bags. Weight and size limits S!P..P-!Y.· One small bag and one personal item are permitted as car[Y.on items, free of charge. 30 minutes before departure: We encourage you to arrive in the gate area no later than 30 minutes prior to your fl ight's scheduled departure as we may begin boarding as early as 30 minutes before your fl ight. 10 minutes before departure: You must obtain your boarding pass(es) and be in the gate area for boarding at least 10 minutes prior to your flight's scheduled departure time. If not, Southwest may cancel you r reserved space and you will not be eligible for den ied board ing compensation . 0 If you do not plan to travel on your flight: In accordance with Southwest's No Show Policy, you must notify Southwest at least 10 minutes prior to your flight's scheduled departure if you do not plan to travel on the flight. If not, Southwest will cancel your reservation and all funds w ill be forfe ited. ../' Free cancellatton Bookacar > Travel more for less. Exclusive-deals ror yo ur favorite desti nations. Sign up and save > Southwesf Rapid Rewards' Ai r Cost: 451 .96 Fare Rule(s): 5262189280628: NONTRANSFERABLE. Valid only on Southwest Airlines. All travel involving funds from this Confirmation Number must be completed by the expiration date. Unused travel funds may only be applied toward the purchase of future travel for the individual named on the ticket. Any changes to this itinerary may result in a fare increase. HOU WN DAL 197.10YL WN HOU197.10YL 394.20 END ZPHOUDAL XFHOU4 .5DAL4.5 AY11 .20$HOU5.60 DAL5.60 • Learn about our ~ boarding process~ ~ ~ Learn about inflight W iFi & entertainmen~ Cost and Payment Summary ~ AIR - RCKPIE Base Fare Excise Taxes Segment Fee Passenger Facility Cha rge September 11th Security Fee Total A i r Cost $ 394 .20 $ 29 .56 8.00 $ 9 .00 $ $ 11.20 $ 451.96 Payment Information Payment Type: Visa XXXXXXXXXXXX3205 Date: Mar4, 20 16 Payment A mount: $451 .96 Know Before You Go Special Travel Needs Check In Online In the Airport Traveling with Children Earty Bird Check-In BaggMe Policies Traveling with Pets View/Share lti nera['J( fu!ggested Airoort Arrival Times Unaccompanied Minors Change Air Reservation Security Procedures Baby on Board Cancel Air Reservation Customers of Size Customers with Disabilities Check Flight Status In the Air Flight Status Notification Purchasing and Refunds Useful Tools Book a Car Book a Hotel v llnlimiled reward seats trl' No blackou da es . / Redeem for lntem ar onal f llgh s and mo re Enroll novv > u u 0 KEY AIRPORT PARKING INVOICE NO: 000021101 TRANS. NO: 19739 GARAGE 1 LANE 2 CASHIER 6-2001 00-000000 05/12./16 3:24 PM ARRIVE 05/11/16 3:44 PH STAY 0 Day 23 hrs 40 mins TICI wrote : Thanks for choosrng Southwest® for your trip. .& Log Southwest· Check In Online Check Flight Status Change Flight Special Offers in 1View mY. itinerarY. Hotel Offers Car Offers Ready for takeoff! Thanks for choosing Southwest® for your trip . You'll find everything you need to know about your reservation below. Happy travels! Upcoming Trip: 7: Paxton Oral Argument Air itinerary AIR Confirmation: 92K6RA Confirmation Date: 05/5/2016 Passenger(s) Rapid Rewards# Ticket# Expiration Est. Points Earned WICEIBRIAN W 21987560 5262407653538 May 5, 2017 3850 Rapid Rewards points earned are only est1mates. Visit your (My Southwest, Southwest. com or Rap1d Rewards) account for the most accurate totals - induding A-List & A-List Preferred bonus points. Date Flight Early Bird Check-In Let us t3ke care of check-in foryou. Departure/Arrival Get it now Wed May 11 46 Depart HOUSTON (HOBBY), TX (HOU) on Southwest Airlines at 5:30PM Arrive in DALLAS (LOVE FIELD), TX (DAL) at 6:30 PM Travel Time 1 hrs 0 mins An~time Flight Date Departure/Arrival liB ../ Earn ·a p d Rcw:ud, ../ Best Thu May 12 35 Depart DALLAS (LOVE FIELD), TX (DAL) on Southwest Airlines at3:00 PM Arrive in HOUSTON (HOBBY), TX (HOU) at 4:05 PM Travel Time 1 hrs 5 mrns Anytime Check in for your flight(s): 24 hours before your trip on Southwest com or your mobile device to secure your boarding position . You 'll be assigned a hn,.rrlinn nn.,itinn h"""'rl nn vn11r r.h,.r.k-in tim"' Th"' ""rli"'r vn11 r.hPr.k in Add a hotel por n ts r~tc guarant ee ../ Free c~ nccllat•:>n Book a hotel I~ > Add a rental car ---·-" '>:1 r---·. ·- ·· ----- -· · J-- · - ·· --· · .. ..... .. _. 0 · · - -- · .. - · J-- ._,. __ , . .. . within 24 hours of your flight, the earlier you get to board . I../ earn Clap d Rewards•· point~ ../' Guara ntcco low rates Iill Bags fly free®: First and second checked bags. Weight and s1ze limits £R.R.!Y- One small bag and one personal item are permitted as car[Y.on items , free of charge . 30 minutes before departure: We encourage you to arrive in the gate area no later than 30 minutes prior to your flight's scheduled departure as we may begin boarding as early as 30 minutes before your flight. 10 minutes before departure: You must obtain your boarding pass(es) and be in the gate area for boarding at least 10 minutes prior to your flight's scheduled departure time. If not, Southwest may cancel your reserved space and you will not be eligible for denied boarding compensation. 0 If you do not plan to travel on your flight: In accordance with Southwest's No Show Policy, you must notify Southwest at least 10 minutes prior to your flight's scheduled departure if you do not plan to travel on the flight. If not, Southwest will cancel your reservation and all funds will be forfeited. Travel more for less. Exclusive deals or your favorite destinations. Sign up and save ) Southwesf Rapid Rewards' Air Cost: 441.96 ../ Un limited reward seats Fare Rule(s): 5262407653538: NONTRANSFERABLE. Valid only on Southwest Airlines. All travel involving funds from this Confirmation Number must be completed by the expiration date. Unused travel funds may only be applied toward the purchase of future travel for the individual named on the ticket. Any changes to this itinerary may result in a fare increase. HOU WN DAL 192.45YL WN HOU192.45YL 384.90 END ZPHOUDAL XFHOU4.5DAL4.5 AY11 .20$HOU5.60 DAL5.60 • Learn about our ~ boarding process~ ~ ":- Learn about inflight WiFi & entertainmen~ Cost and Payment Summary ~ AIR - 92K6RA Base Fare Excise Taxes Segment Fee Passenger Facil ity Charge Se ptember 11 th Security Fee $ 384 .90 $ 28.86 $ 8.00 $ 9. 00 11 .20 $ Total Air Cost $ 441.96 Useful Tools Payment Informat ion Payment Type: Visa XXXXXXXXXXXX3205 Date: May 5, 2016 Payment Amount: $441 . 96 Know Before You Go Special Travel Needs Check In Online In the Air12Q!1 Traveling with Children Early Bird Check-I n !22ggage Policies Traveling with Pets View/Share ItinerarY Suggested Airpqrt Arrival Times Unaccompanied Minors Change Air Reservation Security Procedures Baby on Board Cancel Air Reservation Customers of Size Customers with Disabilities Check Flight Status In the Air EJight Status Notification Purchasing and Refunds Book a Car Book a Hotel LeQal Policies & Helpful Information v No blackou dates THE ADOLPHUS 1321 Co mmerce Street Dallas, Texas 75 202 214-742-8200 Toll Free 800-22 1-9083 www. hoteladolphus.com reserva ti ons@adolphus.co m FOLIO NO.: 41M2ST CLERK: 1021 EM ARRIVE: 05111116 DEPART: 0 5 I 12 I 16 RATE/PACKAGE: 13 8 • 0 O RATE/PACKAGE: DESCRIPTION: Government Rate DLX ROOM NO.: Wice, Brian Gov. 440 Louisianna Ssuite 900 Houston, TX 77002 DATE NO. IN PARTY: 1 DEPOSIT REC'D: DESCRIPTION 05111116 05111116 05111116 05111116 05112116 CHARGES Room Charge City Tax State Tax Tourism PID Recovery Fee XXXX3205 Subtotals PAID IN FULL --- THANK YOU! PAYMENTS 138.00 9.66 8.28 3.12 159.06 ========================= $ 159.06 159.06 ========================= Thank you for staying with us. If you would like to be added to our e-mail list, please visit our website at www.hoteladolphus.com. INVOICE J( NNO'V ATIVE Invoice No. Invoice Date Job No. 105386 8/15/2016 55076 LEGAL SOLUTIONS Innovative Legal Solutions. Iuc_ 440 Louisiana, Suite 1 1 00 Houston. Texas 77002 713- 658 -0802 www .myinnovative.net Job Date Case No. 8/12/2016 Case Name Mr. Brian Wice Payment Terms Brian Wice, Attorney at Law 440 Louisiana, Suite 900 Houston, TX 77002 Due upon receipt COPY SERVICE REGARDING: 0.00 Paxton 201.00 Pages B/W 8.5xll 11.00 GBC Binding @ 0.10 20.10 @ 3.50 38.50 4.83 SALES TAX TOTAL DUE >>> $63.43 ttl't!Tt! reaso,.ahll! 1111d 11CCt!S!tiU:J' to prol'Uk eff"'""e a.uLW11tce of coun.ul. Dare A detlliled ,WJtrment is lltlllCiu.d. Z6. Date S/gn(ld fly J11dge 27. JudiciaUy A.ppro••ttd Amount: ~fl='PilCJp:~ liJr DertUsl or 1/u? a\ ~Other: 5 .f~ l.J .0 J 8 18. Reason(s} " ~ ..... []llequest ace~ds jlJu rate - LoCAt.l. Adopted 0&101/rlJ; rrvised 01/01107 Collin Cou~ifA.:4011 /ndiJtent Dt'(crr:re U l)&b Req1u:rt a.cuds hourly rate rim~f houn K>Orl-.ed J..l J.L Original- ..fudilor ••• $ 108_1_480 . ~ 29. To Bt Addt'd to Court Com $ D Yt'llow- Probation ••• Pink- Cluk of the Courts ?~g1rt4il- Aflomry TIME INCURRED AS ATTORNEY PRO TEM STATE OF TEXAS V. WARREN KENNETH PAXTON, JR. 416TH DISTRICT COURT OF COLLIN COUNTY, TEXAS CASE NOS. 416·81913·2015; 416·82148·2015; 416·82149·2015 BTIXEDIN15MaNUTEQUARTERLYINCREMENTS -REDACTED VERSIONACTIVITY DATE HOURS APRIL Phone call Meeting 1.0 4·23·15 Phone calls .50 4·23·15 Reviewed Texas Securities Act .50 1·23·15 Reviewed Gregg Cox memo .25 4·23-15 Reviewed applicable Penal Code provisions .25 4·23·15 Reviewed relevant case law; call 2.0 4·27·15 Reviewed Cox file 1.0 4·27·15 Reviewed relevant case law 4.0 4·28·15 Travel to/from Collin County to meet with grand jury; Meeting 12.0 Listened to audiotape interview 1.0 4·22·15 4·29·15 22.75 SUB·TOTAL MAY 5·7·15 Listened to audiotape interview 1.25 5·7·15 Phone call .25 5·8-15 Phone call .25 5·15·15 Phone call .50 5·18·15 Reviewed material rc: investigation .50 5·18·15 Meeting 8.0 5·19·15 Drafted supplemental order re: Attorney Pro Tern apt. .50 5·20·15 Phone calls .50 5·21·15 Reviewed material re: investigation 1.0 5·25·15 Calls .50 8.25 SUB·TOTAL JUNE 6·2·15 Phone calls .25 6·8·15 Reviewed material relevant to investigation 1.0 6·3·15 Phone call 0.5 6·4·15 Drafted waiver of statute of limitations .25 6·8·10 Reviewed reports 1.0 6·8·15 Reviewed relevant court records 3.0 6·9·15 Phone call .25 6·9·15 Phone calls .25 6·10·15 Reviewed reports .25 6·11·15 Calls .25 6·12·15 Phone calls and c·mails .25 6·17·15 Research on immunity 1.0 2 6·19·15 Phone call .25 6-19-15 Phone call .25 6·22·15 Drafted memo of phone calls re: investigation 2.0 6·23·15 Phone call .50 6·26·15 Phone calls .50 6·27·15 Drafted documents 1.0 6·29·15 Calls .50 6·30·15 Phone calls 1.5 6·30·15 Meeting 1.5 SUB-TOTAL 16.25 JULY 7·1·15 Prep for grand jury presentation 6.0 7·1·15 Phone calls 1.0 7·2·15 Prep for grand jury presentation 7.0 7-2·15 Phone calls 1.0 7·3·15 Prep for grand jury presentation 7.0 7·3·15 Calls 1.0 7·4-15 Prep for grand jury presentation 4.5 7·4·15 Calls 0.5 7·5·15 Calls 0.5 7·6·15 Prep for grand jury presentation 9.0 7·6·15 Calls 1.0 3 Travel to/from Collin County to present to grand jury 12.0 Calls 0.5 Calls 1.0 Calls; research re: joinder and consolidation, drafted documents, reviewed reports; 4.0 7-17-15 Calls, drafted documents 1.5 7-20-15 Reviewed power point; calls 2.50 7-21·15 Travel to interview witnesses; phone interview with witness 11.0 7·22·15 research, calls, conference call 4.0 7-23·15 research; calls 4.0 7·24·15 calls; prep for grand jury 3.0 7-27-15 calls; grand jury prep; research 3.0 7·28-15 Travel to/from Collin County to present to grand jury 11.0 7·29·15 Calls 2.0 7-30·15 Calls 1.0 7-31·15. Calls, research 3.0 102.00 SUB-TOTAL AUGUST 8-1-15 Calls 1.0 8·2-15 Meeting 1.0 8·3-15 Calls 1.5 4 8-4-15 Calls, research 1.5 8-5-15 Research, meting 4.0 8-7-15 Meeting 1.0 8-8-15 Drafted documents; research 2.0 8-10-15 Research, meeting 6.5 8·11·15 Drafted motion to dismiss; re·indictments 0.5 8·14·15 Calls .25 8·15·15 Prep for grand jury re·indictments; research 3.0 8·17·15 Prep for grand jury re·indictments; research 2.0 8·18·15 Travel to/from Collin County to re·present to grand jury on 1at dcg felonies 8.0 8·26·15 Travel to Fort Worth for initial appearance 3.0 8-27-15 Initial court appearance in Tarrant County 2.5 8-27-15 Meeting 2.0 8-27-15 Travel to Houston 2.0 8-30-15 Calls .25 SUB-TOTAL 28.50 SEPTEMBER 9-9·15 Research re: pre-trial motions 1.0 9-10-15 Drafted show cause motion 1.0 9-15-15 Meeting with Dan Cogdell at Schaffer's 1.5 9-15·15 Research on venue in pre-trial matters: Govt. Code 1.0 5 9·16·15 Calls .25 9·21·15 Calls .25 9·24·15 Conference call 0.5 9·25-15 Prep for Sept. 30th meeting 2.0 9·28·15 Prep for Sept. 30th meeting 2.0 9·30·15 Meeting 6.0 SUB-TOTAL 15.50 OCTOBER 10·2·15 Drafted motion to quash subpoenas 6.0 10·2-15 Calls 0.5 10·2·15 Calls 1.0 10·3·15 Drafted motion to quash subpoenas 2.0 10·5·15 Revised and edited motion to quash subpoenas 2.0 10·8·15 Calls .25 10·12·15 Research 2.0 10·13·15 Calls 0.5 10·14·15 Research to prep for Motion to Quash hearing 2.0 10·14·15 Received, read, reviewed Paxton's response to State's Replies to motions to quash 3.0 10·15-15 Research to prep for Motion to Quash hearing 2.0 10·19·15 Call 0.5 10·19·15 Reviewed SSB Enforcement Manual 1.0 6 10·21·15 10·27·15 10·29·15 Calls; drafted request for AG's opinion re: Dallas Morning News' PIA request 1.5 Calls; correspondence with AG's office Re: Dallas Morning News' PIA request 0.5 Conference calls; calls with witnesses 0.5 SUB·TOTAL 25.75 NOVEMBER 11·2-15 Read defense filings, research, drafted replies 4.0 11·3-15 Reading, research, drafted replies to motions to quash; calls 9.0 Reading, research, drafted replies to motions to quash; calls 8.0 11·5·15 Reading, research, drafted replies to motions to quash 8.5 11·6·15 Reading, research, drafted replies to motions to quash, and answer to writ application no. 3; Calls 7.0 Reading, research, drafted replies to motions to quash; calls 7.0 Reading, research, drafted replies to motions to quash; calls 8.5 Reading, research, drafted reply to motions to quash And answer to writ application no. 1 8.5 Reading, research, drafted reply to writ Application no. 2 6.5 Reading, research, drafted answer to writ Application no. 4, research, and drafting of motions to amend indictments 6.0 11·4·15 11·7·15 11·9-15 11·10·15 11·11·15 11·12·15 11·13·15 Edited answers to writ applications, and motions 7 to amend indictments; calls 3.0 Edited writ answers, research and memo re: what Evidence defense can elicit at hearing 5.0 Reviewed Paxton's response to State's reply re: Motion to Quash re: Judge Oldner; drafted sur·reply 3.0 Reviewed Paxton's response to State's reply re: Motion lo Quash re: Judge Oldner; drafted sur-reply 5.0 11·21-15 Edited & revised sur-reply 2.5 11·22-15 Calls .25 11-23·15 Edited & revised sur-reply 1.5 11-23·15 Meeting .50 11-24·15 Edited & revised sur-reply; motion to amend indictments; conference 3.75 Research & prep re: pre·trial motions hearing; Reviewed State's replies 4.50 U-26·15 Reviewed State's replies; prep for motion/writ hearing 2.50 11-27·15 Prep for motion/writ hearing 4.0 11-28·15 Prep for motion/writ hearing 5.0 11-29·15 Prep for motion/writ hearing; calls 4.0 11-30·15 Prep for motion/writ hearing; travel to Collin County 4.0 11-16-15 11-19-15 11-20·15 11·25-15 122.60 SUB-TOTAL DECEMBER 12·1-16 Motion/Writ Hearing in Collin County 5.5 12-1·16 Travel from Collin County 3.0 8 SUB-TOTAL TOTAL HOURS 8.50 350.00 t EXPENSES INCURRED AS ATTORNEY PROTEM STATE OF TEXAS V. WARREN KENNETH PAXTON, JR. 416TH DISTRICT COURT OF COLLIN COUNTY, TEXAS CASE NOS. 416-81913-2015; 416·82148-2015; 416·82149·2015 [RECEIPTS ARE ATTACHED] APRIL 4·28-15 Airfare Houston-Dallas: meet !99th grand jury $424.00 4·28·15 Airport parking $19.00 SUB·TOTAL $443.00 JULY 7·7·15 Airfare Houston· Dallas §29(1) grand jury presentation $456.00 Airport parking $11.11 reimbursement of Joel Hochberg's airfare/hotel to present before grand jury on §29(C)(l) $499.67 7-28·15 airport car service $105.00 7·28·15 Airfare Houston-Dallas (one·way) §29(C)(1) grand jury presentation $214.00 7-7·15 7·27 & 7·28-15 SUB·TOTAL $1,286.78 AUGUST 8-18-15 Airfare Houston-Dallas §29(C)(1) grand jury re-presentation $404.00 . 8·18·15 Airport parking $11.11 8·26·15 Hotel for Tarrant County arraignment $190.50 8·26 & 8·27·15 Airfare to Dallas for Tarrant County arraignment $436.00 8·27·15 Breakfast at hotel $63.87 8·27·15 Airport parking $22.23 SUB-TOTAL $1,127.71 NOVEMBER 11·30 & 12·1·15 Airfare to Dallas for pre-trial motions hearing $455.96 11·30·15 Hotel $145.77 12·1·15 Airport parking $22.23 SUB-TOTAL $623.96 GRAND TOTAL $3,480.45 2 we mam Ef?gy "16015 mug: ??13 TOTAL $11.11 I Southwest·~ F~ICHT l 1-:.:J~:!~ i C.:.t: SP!iCI:O> O~FERS RAPI:> REWARDS Q. Thank you for your purchaser - ( , . , ) . T1t • HOU to o.tlls (~ Fleltl}, TX • DAI. New Purchases in Trip (HOloiiYJ. n: • HOfJ ('-Field), T1t • DAL Tuactq. Aug..sr 111. :un s ro DMtM Air TotAl: 1404.00 Amount Pllld $404.00 Trip Total $404.00 "uc:•• 08/18/15 - Dallas Paxton ruE New purchases added to your trip. AIR IIGu#ott (HobOrJ. T1t • HtW to DlJtl1ls (Ltlllfl Field}. Tit· DAL atl/11/121115 ~tl HBASMW l)fPlo&l1f IHIIOO Mf Alltlltl TUE JillGO Mf ~llf - CIS:GG - (HoOey}. IJtlllall , , _ TJt (OIUJ lim~"' Rt:/~J. E?l.'AA -on n: (HOU) on Soutll-r ""'- Ofpltf llii/IU (Lotio fkUJ. 111 (DMJ an Sccall_, •• TilE .-net N:O.- ...,_itt_.,... (JtloObr}, TZ(HCU} ..,,_ WNf,.,., ,_, ro ot,_rot:licdt•ln· S. '~to lmrlft~ ~ ~ fP'tl' wolh """"-llfii»SS M lusliOI!tliiUia Ot/Jbllo rt/111' lrltltSIJIWI ~-. ~ rour . . . - Jt»Ce ,.., De QtiCeDI!d /llld rou ...,., 0t1 ttQlO/IIIOt'tl!l- • .,.__..,, u,.,.,_,..,,_,"' --.g~ ,_eo~.,., ~GIMu . , _ , 1 0 - - ro I d l - e . - 111 ~ t~>pt, ,,.,_,.,,....- .,....,_._ 'ortzdreo~"" or- H•, 10, lGLJ ~ https://www.southwest.com/resen·ations/continn·reservations.html?disc=sdc%3A8AA6F8... 8/11120 IS KEY 4IRPORT PARl{llffi TRANS. HO: 000389006 GARAGE 1 LANE l CASHIER o-25161 TICKET ARRIVE 08/27/15 6:25 Pit 08/26/15 12:31 PH 02-280068 PARKING FEE $ 19.00 SAlE'S TAX Airport Tall $ $ 1.57 1.66 iOiAL DUE AI'IOUHT PAID f ViSA) $ $ 22.?.3 THANK YOU FO~ 22.23 PARY.Itl6 UITH KEY AIRPORT PARKING & '&"t ·~1)1 i.. & & ***** CREDIT t;J.d'! VOUCHER ***** ****'~****~*' RENAISSANCE FT NORTH FORT tlORTH I TX **** VIDALIAS *** 27 AUG'15 8:32AM Check: Table: 1701 80/1 Server: 32525 MIN H. card Type: VISA Acct Num: ************3205 Auth Code: 06016C Cust0118r: BRIAN \UCE Amount: $63.87 GRI\TUITV $. _ _ _ _ __ TOTAL $·-----::::=-- SIGNATURE ~ 00~~ R ~~ SSANCE" HOTELS 200 Main struet FOil WOI1h. TX 76102 t:al7.870.1ooo r:al7.338.9176 renttotets.com 544 WICE/BRIAN IIIQQM Nl;lrntiAME 144.00 08/27/15 07:37 AC34CT4#4 a.d)l~ART f!m8 T1ME 08/26/15 16:13 RoSATE &K ~PE "'"'"J!RRJVE 111 ~Pt~ cyEsr muo RENAISSANCE woRTHINGTON HOTEL XXX NE 11111 08/26 DAY VPK 621052 OBZ26 PARK TAX 621052 OBZ26 ROOM TR 544, 1 OBZ26 STATETAX 544, 1 OBZ26 CITY TAX 544, 1 08'/27 CCARD-VS PAYMENT RECEIVED BY: VISA lime TIME VSXXXXXXXXXXXX3205 rovmf~ YMENT 23.00 1.90 144.00 8.64 12.96 RWDI: 190.50 XXXXXXXXXXXX3205 .00 AS REQUESTED, A FINAL COPY OF YOUR BILL WILL BE EMAILED TO: WICELAW@ATT.NET SEE 0 lNTERNET PRIVACY STATEMENT" ON MARRIOTT.COM R RENAISSANCE• RENAISSANCE WORTHINGTON HOTEL 200 MAIN STREET FORT WORTH, TX 76102 HOT£LS h-..,,.. Ya" ,_ TNs olllanCIII n.:dpl. qallla poy In cnto .. by~ -nat chact or"' aulllarim"' 111 ~ ~"' aallr aa1 far a l i - dluroflll \'011- fhe amOUIII ..._, In lhe Olldil» CIDlUIM oppaon.IIV'f uodll CIJd entry In file I'IA:n:na! coltat!n ..,_ ""D be dlafsd ~dca nalmdlopaymalt onlh!t ~ ,.,....;u-,. w e l l - If )'lOot ...,dnd bl~ 1ft llle-p&yllltS!l b ftOt .-!o.,;lhbo 25 do)'IIM cllclc:l>cn<~ youwtU- uo lntocstlr=lbed!edH!utdasean PlY ompid- or lllo -r1fi.S'4 ""'"'oniiiiMONI.IAI.RAT£ 18'W, arlllltm..o-al!ower.t e.,r-. pfw tho,_onabht«>o!Gfcolloalan.lncludlltl~taea. a=,.,.,..,,, Exhibi~""'x renhotels.com mwr-----------· Subject: Flight reservation (HCMMRB) 126AUG151 HOU-DAL 1Wice/Brian W From: Southwest Airlines (SouthwestAirllnos@luv.southweslcom) To: WICELAW@A TT.NET; Date: Monday, August 24, 2015 12:15 PM Ready for takeoff! Tha,, ....:e >r ·~·.c\.1!.. •L 3o~... ;.I\/J ..;, .~.- }''..-tJ• .rip! ,.O\. U .Inn tl\ltr{• 1,,'\.d -10~• r.~""-.;,, ·c.. r.::._.r:aa •II t·•lo•·J. 1-'LPP!' ll'l'VI11S! I<·1JI, :'!\(i.l :• .>..II Upcoming Trip: Pucton: I; i&Jn ••• e·H w AIR Confirmation: Rapid Rewards # Passenger(a) WICEIBRIAN W Wad Aug 26 32 Esl Points Ticket # Expiration 5262137381841 Aug 23, 2016 3794 Earned CHECK-IN .. .. .. .. : ::. Depart HOUSTON (HOBBY), TX (HOU) on Southwest Airlines at2:00 PM Arrive In DALlAS (LOVE FIELD}, TIC (DAL) at 2;55 Pr.t ThU Aug 'rT 43 '''*~:= Depart DALLAS {LOVE FIELD), TX (DALI on Southwest Airlines at 5:00PM Arrlva In HOUSTON (HOBBY}, TX (HOU) at 6:05 PM fk>.xibility to Pil'/ l iltN What you need to know to travel: • D011't fCifget to chiiCk In for your flight(s)24 hours bl!fore your trip 011 s~t.com or your mobile dOvlce. 'nils wtn socurv your boarding posltlcn on your flights. • South-t Airfinos does nat haVo aGilignod seats, 10 you can chOoso your seal whan you board tho plano. You Will bo a&4ignod a boarding position based on yaur chockin limo. Tho uarfler you check In, within 24 houra af your flight, tM earlier you qol to board. WlFi, TV, and rolaled 5ervicos and omen lUes rnay vary and arv subjiiCt to change band on iHISignod aircraft. Luarn moro. Remember to ba in the gate area on time and ready to baard: -.-...C --:1 ·--1..-.. ---'- ·- Earnuplo ~1501bpli1Ra--~ Anytime &..••-..... 11•• - lI ~· Anytime 11--.--LI") --~-,._- ... L .... II. --~-"71-I.A ln-n-L£n Gu.1ran1~ low Rates Page 2 of3 • 30 minutes prior to scheduled departuro limo: Wa may booln boarding as uarty as 30 minutes rlor 10 your Right's sc:haduloil drJparture Ume. Wo encourege all p.!luongers to plan to arrlvo n the gate area no later than this tlmo. • 10 mlnutoa prior to scheduled dop;~rtunt tJmo: All p!IBSengoru must obtain their boarding passqs and 110 In the gate area available for boarding ut ll!allt 10 mlnlll4o prior to your tlfght's schedulvd dllilarto~trr lime. I( not, Scutl.-st m..y cancel your reaorvod spaca and you will not be eligible for dtniod boarding compensation. • If you Clo not plan to travel on your flight: In ;u:eordanco with Soulhwllst'a No Show Pollcv, you mitst notify Southwast at least 11rminutes prlar to your fiJshl's schuduled dop!lrturo If you do not plan to travel on the flight. If not, Southmtet will cancel your raservatlon and all funds will be forlelled. r. .... rc..r. \~·r.., .. :. ... ~ ·· : ... ,. cec:onc! bt;s!l ,:·, •~au r.~ole;s): ··•t -.i: .• f:.!''-':~:'4 l!r••. a.• ;r::·.. ...-. . •.... , ... :' ..; •• ~ ·.••· : ; .•. ·:;: . E.trr Rap1d RewJrds Puirls ~-•II ~:c..: . S26·:•3"lC~S.;1: :.tOt.:lR.i'.I~~F'it.~BLE.. l'i:!IIC: only on Sct::l~• •..'S, A-rJI,;.lS. All •ra11"'i iniiJivl~ra {U'lds lrom this CorrFimu:llo.t :lu::toer musr w. •:.,,n:,!ato:! '=: t~o c:r-~ir:~.::.n ::.:.lc. UnU1>ed travel funM mqy r.11ly t-e •::.' ,,EJI\ to ..,R ..... .l·.··~geo. ~' · • •• ; ~· . ·p · !.l ... :..· , ••.•. r1 ·•'•: •••• ·~·:· • • ~-,. ::.: •r.A~vi~ua~ rlCUI'IJC .. . ,.; o., "h-. ~~r ~i ~ ~~· ~ ., •• :., ~ ....... ; •••• .Jo:P~.. . ......... " .. ...I., ...... ·:..1. '· .: • .....·; . Southwest~ ~,;pd Rl·\~Wh. Cost and Payment Summary ~' ~ ·•;- .., i=·.:o· ,,....: Payment Information ••• '•:· ·<; .. \t. ~'t'l . r,. ~ ~ ..... ,~·:. ..... .. •••• . ._ ~ .... 0 .L' .. ~: ..· .. ' ....... . :~ t..---.11• .;.- - - - : _.,..!1 ...... L · - - ........ 1-- .• 11 ......... Lf'l -------1..- p. . -~-..1-"'7t-I.Aln-fl-L£n KEY AIRIIT PMKII 7171 AIHT BlVD ~lX 77851 113-641·5691 Terminal JD: 915869711 U/1/15 CHA5e VISA • INSERT AID: A88888aeG3181G 4897 S:Sl Pft ACCT 1: ••••••••••••3295 CREDITgJ,E UID: 5335l6189441 BATCH 1: 059 REF 1: 2538 AUTH II: G9289C $22.23 MIOIIh'T nP te.aa TOTAL $22.23 APPROVED TC • 2BA824128814ClA6 CliSTOIR COPY 121112015 The Grand Hotel of Mc:Kinney 112 West Louisiana McKinney, TX 75069 214.726.9250 •. FAX 214.544.9618 lV.mP. Nil. 66894 &.wNo 408 R4ll PACKAGE HOUSTON. TX 77002 D,.,_, Dt111 12/01/2015 Aniw!Dt114 11/30/2015 CrrdiJ c.d/Bilittg llljmttatiolt VISA -l205 ( DGte 11130/IS 11130/IS 11130/15 12/01/lS R00111 No 408 408 408 408 Room 'ljpe Description KN Room Charge State Tax City Tax Visa Paymeot·320S Dec-O I 07:1 SA Pqm1111ts ) 129.00 7.74 9.03 145.77 $0.00 · l»Ab£1 or 1 . -1 48 Depart HOUSTON (HOBBY), TX (HOU) 011 Sou1hwost Allllnes ati:JO Pll Arrive in DALLAS (LOVE FIELD), TX (DAL) at &:SO PM T ...:~'t:l ; ,,__ 1 ,..,_. •), BIB ~c. &Mimg Date Flight L • • J Di.'~rwreiAnivtol Add a hotel r .t J•• •,., ·1 : · n: -.1' L •• ,,•• ;:u ... to. Tuo OI:Jc 1 41 Depalt DALLAS (LOVE FIELD), TX (DAL) on SOIIIIIWOat Airlines ,.., J .,.. at4:SOPM Arrive In HOUSTON (HOBBY), TX (HOU) at 1:38 PM Til' !ell ru. I ammm tu, • ,',lf.! ·~n· . :,.. ~ ' '· , 8.Jok a Mlt>i · ) ~ Add a rental car Chac:k In few rour fllght(s): 24 hOUI$ b81ote your llfp on Southwn! c;om or your mobile device to secure your boarding position. You'll be assigned a boarding position based on your check-In time. The earlier you ched( In within 24 hours or your flight, the eartler you get to board. ¥' l ,.,, 'bp d r~o.w..:tt. pc.fl!!. Bags fly freae: Firat and second chedced bags. Wajght and size llmll!l ~.One smaD bag end one pemonal l!em are permlttad as~ Items. free of Charge. ¥' C.".1~1c..: lc\v ...., , ..... , ~D!'l· b:•::~ J.l< ~ - ,... - r.tt...~ - - ·:~;,JQJ' i (.' 30 minutes befonl departure: We encourage you to arrive In the gate area no Iatar than 30 minutes prior 1o your flight's schBduled deparlula as we may begin boarding as early as 30 minutes bsfore your flight Travel more forlesso 10 minutes before daparture: You must obtain your boarding pass(aa) and be In the gate area for boarding at least 10 minutes prior lo your lllghfa scheduled departure time. If not, Southwest may cancel your reserved space and you wm not be erigible for denied bearding compansullon. 0 lf you do not plan to travel on your flight In aCCGrdance with Southwest's No Shaw Polley, you must notify Southwest at least 10 minutes prior to yaurfllghfa scheduled departure If you do nol plan to travel on the flight If not. Southwest will canes! your reservation and all fumfs will be f01felted. bt.l~asve dt:ab I -·- - - Signupztnd~~·n: i 1 : Southwasf• I Alr COG1: 466 GG fo• your f.lvo:i1~ de!olllldlionL Rapid RewardS' ~ Unlimited rewan:l seats u• No Dbclcc!r. da:es Faru Rula(s): 5262161726083: NONTRANSFERABLE. Valid only on Southwest Alrtines. All trowllnwMng funds from lhls Conflnnatlcn Number must be ccmpleted by lhe expiration dale. Unused travel funds may only be applied toward lhe purchase of future !ravel fer the Individual named en the ticket. My changes to lhleltinerary may re&~~lt in a fare Increase. HOUWN OAL208.26YlNEVWN HOU189.66Yl 397.92 END ZPHOUDAL XFHOU4.5DAL4.5 AY11.20$HOU5.60 DAL5.60 • Leam about our .._ boarding prccess..:t~ ~ ~ Leam about lnfllght WFi & entertatnment.w Cost and Payment Summary ;(' AIR · RIX04E Boa Fant ExdsoTaxes Segment Fee Passenger Facility Ch:II!Jll Sep!!!mber 111h Secwtty Fee Total AlrCos1 5 397.92 8 29 84 S 8.00 $ 8.00 $ 11.20 Pap!Gnt Information Payment Type: VIM XXXXXXXXXXXX3205 Dato: Nov 24. 2015 Payment Amount: $455.96 , , Redee-lfo; lnte-~atollal flights a-,d "101 e E•HOII ,"\(}','/ :· WiIllamR Hobby?rpon no Box 50751 South TX 77205 Parking mam am a) CUSTOMER RECEIPT 1m In The Out?mne Fee COB \\iccla"@att.ncl- att.nct Mail Page I of 1 SearCh .... .... ... n ;' Fctchllrllt.~ .....,_ ~-· -~ A Orllllant N- Virf to Pl!J off TcoLII'._ Ootn pay,.,.., mOrdL~ PNCBTX tng Pass HOCHBERG ' !• Oale To<*et COt 78Set 55747 o-.CSGso10mltwlallalbt~ . .. . . -· . . . - - . . ... • 1 • .l EXTENDED WEATHER FORECAST for Dallas ~..... Mon. Jv127 . :. _.; 98°F J 81"F ,o\WO Precip. 10,6 . MI. TUil, Jul28 ~T"f. 97"F I &e"F . Jp Predp. 5% -;~ Wed,Jul29 ~ 89"F/&e"F • Prec:lp. 5% RESTAURANTS in Da1faa SER 2201 N. Stemmons Freeway. Dallas, 1X 75207 214.781.7479 The French Room 1321 Commetce St, DaDaa, lX 75202 214.742.8200 Abacus 4511 McKinney Ave. Dallas. 1X 75205 214.559.3111 Jorge's Tex·Mex Cafe 214.720.2211 1722 Routh S1, Dallas. TX 75201 ATTRACTIONS In Danes of I Dallas Worfd Aquarium 1801 N Grtllln St, Dallas. 1X 75202 214.720.2224 Sixth Floor Museum at Dealey Plaza 411 Elm St, Dallas, TX 75202 214.747.6680 Fort Worth Herd 130 E Exchange Aile, Fort Worth. TX 78164 817.642.4741 Fort Worth Botanic Garden (Tho) 3220 Botanical Ga!Uen Blvd, Fort Worth, TX 76107 817.871.7686 :iti1Ji.OJ~ 11:05 AI' Pag~ wicdaw'q:att.nl!t- utt.net Mail ,, .,. ,. \ .,. Crutchfield A Trvsted lklt!noHISince... At CtUictllield. )'OU gtt t1le whGII! pactl... Crute... SpOtiS.. iltdfl\ Sent -··· 1 of I Sp.rm Trastt llll lfoews i DETERGENT! v Sm~ Unt•~d I• I ~lft•ed Poople 5atial SoudiWKt Airlines ' ' ' • ~~. 1.... WICElAW@An.J~;ET Ready for takeoff! .- ... ofl ,..~ I"' ~· f.J .,...,,, "• •: •it o o!lo !' - t WOti "1 ll' Upco111ing Trip: ·• :. ·s I IJ' Y ..Mifl•m•• t_,, ·r.... "~ • •y.•.·~ ;•~ I " • •: •· ! ' - - - - - - - - - - - -- AIR Conflrmallon: Dtpall OAI.I.AS(LOIII! FI£U)), 1'll (DAL) on~~~ Allll otG:"PM Am"" lA SAN ANltlNIO, TX (DATI ct 7:45 P11 • r..11 'felo"1. U 1 lr."t,. • • • ' . • a;.._. ~ _f. '"'- : . ~. ':#''f r:_' ...... t1 , • r-.:·.. --w : a F 11: R....,., i 4-:.~.lRAio."!fEAABl.c .".t;cotrn:,"'••7 ..... ~.: -:.~, ·-·•r"l"Mt.a.~tr"tUd ...... lllt'tl"l••' ;.&IIJU..""olN IJ. C\l~V' .. dJ,t,.• a·p.t bOitd.-~ l:N.•M\fl..Wth.,U.• t'\Cit'J~ PC11ttGIChtl.t.Sd• IMII\.'"0' ._" WIC!tAW@ATT.NET .,..,,. • .......... ~It .,, t.l• :.: Become an Aviation Fm~~tttt > Follktrs Ma•ntenance Tectvllcean at Southwesto MIAT, Request Info! Ready for takeaffl rr....uro,..,•.._.,_."' '"'"""'"'P'Y•ull"""•.,."ffllinel"'•"' ~...._ ~ knew J.Dowl f(IWI I"Qo~-v,U..O# '>tkwf. tu~W lii.,.,.ISr • Upccmlng Trtp: & .UR 111101r et .~~.~- lit Mr.:ty AIR Confl11111Uon: !!25"/Yil -w l'uMopfoJ . :.. '·· .. DlpM I«1.__ ..AIJha CiS:"InAll IIAU.AS ILOIII! FIEI.DI. TX (DU.Iat .,_ All rr..-..... t rmw '1tn o rli'nf ~;,m Dopoot CIAUAS {UIVE F!ELDI. TX ( I I A L I H - .. &001'11 ""' "e.. ICCVStDCI CMDBBYJ. 1X CHOU! at~ P11 1t:.·,,•t ,.,,,.,. 1 IN\. S •ol·~ ~ ~ .•"t'•C'" ,.,.•. ,. · n •.,. • '' ,,,#f · - -..... 1------IL ........... r '! ~ ;. ":" • - M~INTENANCE Trash(49) "tmanv- -t·:.··· • • .a..·t·· ----'1 •.• 1. .. I ~ ~ .... ..... ~., t~o..\.1 .. ..•• ~- lt • . . • 1.n ,.,., ... ·r, •t,t, ,,. *' .-. •• • ....... --------L . . O. --..1-n--.L--".JI-Dt.J Appointed Counsel Request for Compensation This is a <1- art orm - PRESS HARD Offcc~ Dau /. Jurisd.lt:tiqn ~ Discrict 0 Ju~oenill! 0 County Court at Lnw court#~W;~ Dl.tJXIUil J. Proceding code: Procudblg (uu colh) I - TrW-Jury (use cwil') ~ J • Plta-Opm - 416-81913-2015 kl~t Ad'vlse- or Rep wJo Regist 7nat12 _ 416-82148-2015 Fraud Sea Securities >==$1001< 7126/11 - --::::;;;416-82149-2015 Fraud Sell Securities >=$1(X)( 7/26111 : ~u~itJ~- S• m:rposal Cbdt: J ., Jail Time b 2 • Trlill-Ctnm 4 = Pko-Ba~ p- l'rnbutlnn A ,. tl CIJil itttd 4. Defendant's or Juvenile 's FuU Name (PRINT) S. CtzS~ l.Ll•d (clttrck offDISe and circle f~ltm)'lllfi.Jih~Manar ln:d, ifrrqulruJ ~Felony 1 1 1 SIDle Jail Misdem~onur A B LJ 0 0 Adjudication or 0 Re1•ocarion Adjuclicat/Qn or 0 Revocadon 0 Capital Case 0 0 Appeal No Charge Filed 0 0 Juvenile Child Protecti1·e St!rrius Otlter: 9. Y¥Ftdor£D IS. In Court Suvices 16. 0flt of Court Services 17. /m'Utlgalor Ex:pen.su 10. Time Puiod of St!T'}ia Rendered: 21. Additionlll Comments· FlJral PoJf1ftrnt ApplicaJlon .srtlizl PfiYmOtt Applicntion U. Artnnruy C"rtJjlciJIIan- I, tlu untlu:tiJin<"d tJJtorney, urtify that tit~ obm'411nfnrmatlmt £q ""~ tutd com!ct turd In accorduru=11 wllh tht /aw.v tiftltc State of1Ua:t. Th;~ tom}Mn.wlillln nnd c:p Flight reservation (R3D4Z4) I 30NOV15 I HOU-DAL I Schaffer/Kent 1 message Tue, Nov 24, 2015 at 2:25PM Southwest Airlines Reply-To: Southwest Airlines To: KENTSCHAFFER@gmall.com Thanks for choosing Soulf\wesiG for your trip. .& Log in I Vjew my !tinerarv Southwest~ I ,:.. . . I ·-: ·-:: .... Ready for takeoff! Thanks for choosing Southwest® for your trip. You'll ftrtd evesything you need to know abot.lt your reservation below. Happy travels! (::) .~ Upcoming Trip: 11/30115· Dallas Confirmation Date: 1112412015 AIR Confirmation: R3D4Z4 Rapid Rewards# Ticket # Passenger(s) 5262161715207 SCHAFFER/KENT i ·. ·~>->-. K~UI'a!'l MonNov 30 Date TueDec 1 Uil 46 Business Select 0 Flight Business Select 41 ~ ___ - - .. .. "tiL... . .tHtt Add a hotel . ~ totals • mdLidlng A·li91 li. A-liSt PrsfettBd bonlos potnl10. Flight Date -· Expiration · Est. Points Earn ad • Nov 23, 2016 5266 Rdp;d RB•Y.m!s pc'na eamad OJro only e\limates V,;lt your tLitSt.tRh'I..WI. Scut:m'I!St.r.om ur Rapid Re.vanlil ill'c.culll fOl the most T.P.:Budaet" i{ w \" :';:;->/ :·::·--- . ....... Depar1ure1Arrlval Depart HOUSTON (HOBBY), TX (HOU) on Southwest Airlines at 5:39 PM Arrive In DAJ.LAS (LOVE FIELD), TX (DAL) at 8:30PM Travel Time 1 hrs 0 mlns Business Sefsct Departure/Arrival Depart DALLAS (LOVE FIELD), TX (DAL) on Southwest Airlines at 4:30 PM Arrive In HOUSTON (HOBBY), TX (HOU) at 5:35PM Travel Ttme 1 hrs 5 mins Business Select I:Yn ~;,~ ~ /I 1 ,} - -~Tl ,;\ :!Jbo~.a hOtel ..> ,~((' : \ ,' ~~ ~ Add a renml car : ...,, 1:::!-n ~ap a R-:.•1,o~rds · ~ '( ( ~ ~u.:!rnntcc-:: p01n~ l::w rntb ! ~ h!i.! GJncctl ,n::n ! Bags fty free®: First and second checked bags. Weight and size limits apply. One small bag and one personal Item are permitted as canyon hUps:/hnaii-9!§L~~2&ik=~73c&view=pl&aearch=ltlbax~1513bale70e9:atb4&dml:1513b2bo10c9abb4 1/3 ~ Mon Nov30 48 Depart HOUSTON (HOBBY), TX (HOU) on Southwest Airlines at 5:30PM Arrive In DAlLAS (LOVE FIELD), TX (DAl) at 6:30 PM ·,·t-.·:.:1 Tin r;; · Add a rental car V L· ''1-:1· ·.-.• .1 -/ ~, :·:n~ •:t" .. - • ·_.,., : I .• .., f·c. ··fl·.-.;,: ... t·,, ·• :, ; . ·~: Bus1ness Se~ Data Travel iT~ore for ~~ss. Flioht Business SelectDeparturo/Arriv:il TueOec 1 41 Depart DALLAS (LOVE FIELD), TX (DAL) on Southwest Airline& at4:30 PM Arrive In HOUSTON (HOBBY), TX (HOU) at 6:35 PM ,-,·> :.· ••Y ,•. Business Select Southwest0 R.lpid Pt!WJrd~ "'~fa.inni• ..,• •:;-:.;J: •. ;-~1!\ •-' Nu Ifill Bags fly free®: First and second checked bags. Weight and s1ze lim1ts apply. One small bag and one personal item are permitted as carryon items, free of charge. 30 minutes before departure: We encourage you to arrive in the gate area no later than 30 minutes prior to your flights scheduled departure as we may begin boarding as ear1y as 30 minutes before your flight 10 minutes before departure: You must obtain your boarding pass(es) and be in the gate area for boarding at least 10 minutes prior to your flights scheduled departure time. If not Southwest may cancel your reserved space and you will not be eligible for denied boarding compensation. If you do not pta., _to travel on your flight: In accordance with Southwest's No Show Polley, you must notify Southwest at least 10 minutes prior to your flights scheduled departure If you do not plan to travel on the flight If no~ Southwest will cancel your reservation and all funds will be forfeited. Air Cost: 499.90 Fare Rule{s): 5262161715207: NONTRANSFERABLE. Valid only on Southwest Airlines. All travel involving funds from this Confirmation Number must be completed by the expiration date. Unused travel funds may only be applied toward the purchase of Mure travel for the individual named on the ticket Any changes to this itinerary may result in a fare increase. 2 ·:lJ~I-~t;; ;:.;.·~~ •./ ~:iL-~ 'lv lrt~r,•.;,l O'IJI Uiy:'~~·.d•••..;~e HOU WN OAL228.731l~MY 8~ 3 . ·-•·. t- •• ·.. ·.. .. . .· SoulhWrl_!l&!!lnMLlmit of liabir.IJ! Kent A. Schaffer Bires Schaffer & DeBorde JP ~organ/Chase Bank Bldg. 712 Main Street, Suite 2400 Houston, Texu7700l 713-228-8500 kent.scha ffcrla'gmail.col!l l\ n w.bsdlawfirm.com 4 'l'BB IIBRTZ COIU'OIUITIOII Phone: lfeb: r]lertz.] eoo-654-4173 www.berta:.com Direct All XDqairio• Toa awlGB DIIT.UL Rootol Agroamant No: 146522051 Dotaa 12/02/2015 Documont: 995003587286 kBNT SCHAFI'.BR HERTZ CXIRPORATIOI'f PO BOX 26120 Banter: AccOUDt NO.I CDP No.: 391867 OKLAHOMA CtTY, OK 71126-0120 CDP NWIICio COJITINI!NTAL PF DISC II ~ •••••••~•••sao? AHX MR KBR'l' A SCHAPPBR BIRBS SCBAPFBR & DBBORDB 712 MAZN ST STB 2400 HOUSTOR, TX 77002-3223 RBNTAL DBTAILS RCAtol Agra~t Roto Plaar Ranto4 ODs Ro: 146522051 G770~l49662 Roau:vatioo IDa frequat ~ovelers ZBl llotumod on: IN: RCKDl OUT: RCHDl 11/30/2015 19:06 LOCI 160211 DALIAS LOVB PLD, TX 12/01/2015 15:51 LOCO 160211 DALLAs LOVB FLD, TX Cor Doac:dptiou: N/L SUBURBAN 4R Veh. Uo.s 7952187 l!:lLKACJII Oll CLASS ChU"!JGd 1 T6 aantods T6 Rooorvo4: T6 HISCBLLAHB9US INPOR!ATION CC AUTH: 166892 DATB: 2015/11/30 CC AUTH: 140805 DATE: 2015/11/lO AMT: AMT: 363.00 63.00 RBNTAL CIIABClBS DAYS l Q uo.oo uo.oo 130.00 SUBTOTAL PUEL PURCIIIISI! OPTION 63.28 CONCESSION PBK RBCOVBRY 14.62 VIIIUCLE ldCl!HSE FRH 1.85 1.49 14.82 IDIBRGY SURCHARGE 10.00\ TIIX Gold Plus Rewards Points Earned thio rental: DZLRBl lzu 13,888 OUt: 13,801 Drivont 85 22&.26 OSD 1'al"AL CHARCBS 213 B·RBTURN RECEIPT .ALL CRUCJ88 BAVD BBBII B:tLLBD '1"0 YOtl!l. ACO:IInn'. I Rental Dater Agro~t Hoa 146522051 12/02/2015 l ~~~----- ·- DU-oct All Icquirioll 'l'o: TIIJ! HERTZ COJUIORATlOH 1'0 BOX 26120 OKLAHOMA CITY, OK 73126-0120 aoutar a AccouDt Ho.: 995002587286 !CliNT SCIIJU'l'ER •••••••••••5007 AMX UNU"SD STI\TI!S 800- 654·4173 -.:borta.cca ........ oota cc: ·---~226.2& tlSD ------ I 1211/2015 The Grand Hotel of McKinney 112 West Louisiana McKinney, TX 75069 214.726.9250 .. FAX 214.544.9618 Rutn~.NfJ. RIIAWNo 222 66893 Ni11111 tmtJ.AtltJms: Kent Schauer Hall PACKAGE HOUSI'ON, TX77002 AniiiiiiDaJ1 D'}JIIrlllrr Dat~ 11/30/2015 12/01/2015 CmJiJ Omi/BilliRJ, I~ AMERICAN EXPRESS • 6005 (Date 11130/IS 11130/IS 11130/15 12101/JS Room No 222 222 222 222 Room 1}1pe Description QYD Room~e Ch11rges 129.00 7.74 State Tax CltyThx Amex Payment-6005 Dec.() I 07:54 A 9.03 145.77 Balance Due: The Orand Hotel of McKinney • 112 West Loulsl111111 • Pqmenu ) • McKinney • TX • 75069 S 0.00 PAGE I of l jl- UPDATED flight reservation (H3 Wl:l.C) 126AUG 15 I HOU-D~~haffer/Kent Page 1 of 3 ~~ Gr~_,.U .... ·: Kent Schaffer UPDATED flight reservation (H3WZ2C) I 26AUG15 I HOU-DAL I Schaffer/Kent 1 message Mon, Aug 24,2015 at 12:21 Southwest Airlines PM Reply-To: Southwest Airlines To: KENTSCHAFFER@gmaitcom i.ly Account 1Vi!!'H r..'v ltinerorv Chock In Onlino I Chocll Flight Status I Chango Flight S!Jecial Offers Hotel Offers I Or.llr.~t Car Offers Ready for takeoff! .,,~;-:-~ W ~ Thanks for choosing Southwest ·• for your 11 ipl Vou'llllrcd everything you need to know about your resi!Mitlon below. Happy uavelal Upcoming Trip: fJ 08126115- Dallas AIR ltinorary Con~rmalion Date: 08/2412015 AIR Confirmation: H3WZ2C Passon sorts) Rapid Rowards t SCHAFFER/KENT Est. Points Eamed Tlclcot 9 Expiration 5262137383889 Aug 18, 2016 4419 EARlYBIRD CHECK-IN;) lui u:s teJcc Dato Flight O&parture/Arrival WedAug26 28 Depart HOUSTON (HOBBY), TX (HOU) on ScuthWaal Alrllaes at 1:00PM Arrive In DALLAS (LOVE FIELD), TX (DAL) at 1:55PM Travel T1me 0 hrs 55 mtns. Busmess Soled lhuAug27 39 Depart DALLAS (LOVE FIELD), TX (OAL) on Southwest Airlines at 4:00PM Arrive In HOUSTON (HOBBY), TX (HOU) at 5:05 PM lra'll.'l Tm~ 1 Ius 5 rrnns Anytune What you need to know to travel: • Dcn'l f'arrlet to check In for your lllght(s) 24 hourTi bofonl yo11r trtp on SOUihwestcom or ycur mobile craw:e. This VriD ;ccurc ycur bOa/'Citng posruon on ycur f!Ghl!l. • Soulhwest Alrilles doeS not have astiigl18d sealS. 110 yev can dlOO$O your seat wl!en ~ boardlhe ~~~ane. You will be a!L!iglled a boarding P03il!on based en yow dlecldri lime. The eartief" you check ln. wiUIEn 24 hours of YfNI ft!ghlltte eitlier you get to boaid. - 'MFi, lV, and related eervicH ond atnenities may vwy IWI uro IWbj1lct to change based on asalgned altaaft Learn mete. Remember to be In the gate area on time and ready to board: cant qf Choc1t-ln rorp11 Best Rate Guarantee Aexlbility to Pay Later Earn up to 750 Rapid Rewards PoJnts Boo:c a t-lotet Gualanteed Low Rates h~-google.com/maillu/OI?ui=2&ik=53aafa073c&view=pt&search=inbox&th=l4f... 8flZ~~ ail· UPDATED flight reservation (H3WZ2C) I26AUGIS I HOU·DAL I Schaffer/Kent Page 2 of3 • 30 ~ prior to &dlecll*d dapartlae lime: We may llea!n boardillg as early as 30 minutes pricl to your lligJ1rs sc:llei!W!d depai1Ure time. Y.l! 11f1C10Un198 all passer~Uera to plan to anlvo In t11o gate area no latBr lhlln lllls ttma. 10 llinutes llrior to sc:heduled depattl.lro time: All ~ers must otJialn their board&!!~ passeD and be in the ~P.le 81811 available fer boanlrng atleaat 10 milu1es prlot to your ll!gllt's schecfuled d\lp411ture limo. not. SOuthwest cancel your reserved QJlaCil and you Will not be ellglblo denied boardil)g c:ompensation. • If you do not~ to lr.MII on your flight In aa:otdance with SOUihwest's No Show Po~. you must ntllily Soutmleat at least 1Cl nilnutaG jlllor to your Qlgll!'s sdledullld dep:ll1ure If you do IIGt pl3n to travel on tne flight. If 1101. Soutrr.wst will cancel your ru&eMiticn and all~~~ be rorr~. u may ror Air Cost: 4:i8 00 14 car Companies Earn Rapid Rewatds Points CliCK I: S!lVf i Canyon Items: 1 Bag + small pemonal item are free. See full detarls. Cllecked Items: Fiml and second bags fly free. Wel!l!'ll and size Umrts apply. Fare Hu!o(s): 5262137383889. NONTRANSFERABL£. Valid only on Southwest AirlliiE!S. All travel involving funds from this Confirmation Number must :M! ccmpleled by the expiration dale. Unused travel furuls may otlly be applied toward the purcn~ or future travel for the indMdual named on the licl::11 r · :··w: Jl .. ... ,. .•:-;t} ·.', ... ~:-:~u; .~-· ~-= fi :;ii"' c~~-.:~ .~re r:i ·: •y,~ =·:J~·o; cr c-1· ..::; Suilscrloe ~!o'l:., n r,._,;. 1 ~··-' :• ,.,~, rr.: ''l s-r:'"'•.! ·:: :. s ~·J :.1·:· ·'· . ·) 1:~;,; ·.:.~r:i·..;~ :.· ··: ': j.; ~-- ~-:\..'LJ·-::::· (C t1 ~. -=--· Useful Tools Know Before You Go Special Travel illeecls ~eO. In the Airpan l!jl.YttliPa mlh c~~ In Qnl,u; Early B•rd Cneck·ho Ba::gage Pnl r.te~ lra•elln;) Wl!h Pers VoawiStwe ltine•arv SuqgeslM A«WW!d pau>n~ldoock cu tuo.rlboril8 1111<> ct..'I"Y"ur rmdl1 CMd lor•l1 ~m®nb chillsadlo ~ lho~ovnl thown In 100 mslill column oppotlltl any credil card U\IIY In the .Uor''"" column~~ will 11ft ch110'ld tulhe cn:dil card number set follh &bi>\'C. (ltoe Clfld~ caniCOJnpmyw!n biU in IIICIIIIIIII1lo\IIINOI.) !ff01 any re&WltllheCMdil canj company dee! liCit maLe paynomllllllhil ICCOVtll, yall wiU 11M! lA luch llniOUIIL ltycu ua direc1 bil!od, in lhe - • paymonl il nat m.ull! wflhin ~$days atu:r cl>ec~-cUI, yo..,,..ill uwa •• i-lrolll tile cr-.n-oul diu! on any unpal4 U!OUIII QJ lila r.llc of 1,5" por manlh V..'l:sl.Al RAil Ia~• ..,. II"! ,q.un.,m •!Iowa! by law, pkn the rqsanable mot of col!oaloft, ~neludina at~ foe:~. renhotels.com ~xf!lr81t~=4::2!------------.11--=-~;;;--------------- - - . .. . UNTIL THEN. SHARE WHAT DISCOVERED In I -H?h Iu? - -- nun?ll.- YOU JmaiJ- UPDATED flight reservation (HSAM3K) I27JUL15I HOU-DAL I Scbaffer/Kent Page 1 of3 Kent Schaffer UPDATED flight reservation (HSAM3K) 127JUL151 HOU-DAL I SchafferiKent 1 message Mon. Jul27, 2015 at 10:54 Southwest Alrtines AM Reply·To: Southwest Air11nes To: KENTSCHAFFER@gmall.com Vou·re a'' se: tc- ro..r I ''' rtiy Account I Vlow r,Jy hlnoranr QnJl!l! Southwest"~ Check In Online Chock Flight Status I Change Flight I Special Otlors I Hotel Offers Caroffora Ready for takeoff) ~ ~ Thanks for choosing SoulhW1!1il for your tnp! You'll find everything yoo need to know about your reservatio"' below. Happy travels! Upcoming Trip: a 07/28115- Dallas AIR Itinerary AIR Confirmation: HS.i.\ii.li3K Passenger(a) Rapid Rawarda t1 SCHAFFER/KENT Conlirrnot•on DatP.: 0712712015 Est Points Eamod Ticket# Expiration 6262129858501 Jul22, 2016 5155 Best Rate Gualantee Dato Flight Departuro/Arrival MonJul27 58 Depart HOUSTON (HOBBY), TX {HOU) on Southwest Airlines at 8:00PM An1ve In DALLAS (LOVE FIELD). TX (DAL) at 8:55 PM Flexibitity to Pay l.ats Eamupro 750 Rapid Reranls Paints Bcok a ~lotc} ':'ravel nme 0 hrs 55 mir.s Business Select Tlla Jul Z8 43 Depart DALLAS (LOVE FIELD). TX (DAL) on Southwest Airlines at 8:00PM Arrive In HOUSTON (HOBBY), TX (HOU) at 6:05PM Travel Time 1 hrb 5 rnios Business Select What you need to know to travel: • OQnl torget 10 dtedc In lot your lllgii!(S) 24 houm before YCUf llip on sout~~wcatccm r::r JOIIf ITIDbila doW:II. This will secure )'QUI' boatlltng positron 011 your llijjhl!>. • &Mhweat Alllines does not have G8111gned seats. so you can choose your seat when you board the Diane. You wiB be aSGign8d a boaJdln9 DOsiUon based on your checldn lima. The eSI1IIir you check !'! 1 ~ln 24 houm of your fight. the earlier you g<c board. • VYII"I, TV. and nrtatud se~n.toJa and IIIIIGIIille$ may V3fl/ and aro subject 10 change based on esslgned allcmll. Learn more Remember to be in the gate area on lime and ready to board: Guaranteed Low Rates 14 car Companies Eam Rapid Rewatds Points CUCK Jt:' SAVE. Join (M!f 17 mimon httJBl«ibililgbogle.com/maiVu/Onui=2&ik=53aafa073c&vicw=pt&search=inbox&th==14e... 7~iiJ mail- UPDATED flight reservation (HSAM3K) I27JUL15I HOU-DAL I Schaffer/Kent Page 2 of3 • 30 rnlllules ptlot 10 Gdlcduted clepaltulo time: We may be!lin boarding as r:a11y as 30 m11wtes prior 10 your flight's sdleduled departule time. 1M! CfiCIOII18Qe all possoogen to plail to alllvo In the gate area no laterltlan IIIII ttme. • 10 milutea I)IIGt lo uc:hudUfecl depattufe llma: All passengers must olltalll their boanliniJ passes and llQ In lhe gale erea available~ boarding at least 10 minutes prior to your ftlght'S scliedilled departure tlme. II nol. Southwest may c:anall your resemd space Drtd you Will not be elig~ for c!enled boarding c:ompanaalkln. • If you c!o not plan to trzlvel on your lllght In aQlOtdanee with Sou1hwost'll No Show Po!lof, you IIIUSt nOtify Soutllwelt allellst 10 lrilnutea pncrto yourflig)ll'$ scheduled dell8ltUra If you c!o no1 plan to lnwal on 1he fliGht. II not. Soulhwast will cancal your reseMitfon and an rands will be folfulled. Air Cost. 490.00 Carryon Items: 1 Bag • small personal item are free. S'M! fuU details Checked Items. First and second bags fly free Weight and size llmlls apply. Fare Hule(s): 5262129658501: NONTRANSFERABLE Valid 011\y 011 Southwest Airlines. AU travel Involving lunas from lhls Confirmation Number must be completed by the expiration date Unused travei funds may only be apprted toward the purchase of future tr.wel for the individual named on the ticket. Any changes to this "ifl6fary may Nault 1n a fare increase. leatn AbOut Our Boarrling Pro~ss •• Cost and Payment Summary ~ AIR • HSA?.13K Ba:~o~.m. ::Xcisc Taxes SegmentFea Passenger Fac1tity cnarge September 11th Security Fep T0131 Air Cost e 429 5!1 Pay mont lntonnatlon S 32.2: S 8.00 Payment Type: Amer ~xpress XY..XXXXXXXXXS007 Date Jul27. 2015 Payment Amount: 532 00 S 9.00 11 20 $ 490.00 s Payment Type· Tickell-xchange Date: Jul2"f. 2015 Payment Amount. S458 00 Exchange Detail Jul 23. 2015 r-rom llcltcl # 52021:!881571 ~ to ticket "5262129058501 ';{ '· .:. • :"J t ~- ~.·; Fiy Southwest To Fllghi: St;sius Alerts ·~ ..,. : ,:1 ,' ·: : •. ..... n·:ht \:.;r·~r:-... r;. ("- .:: .:t::uJ ·.it tc:-"~ il)b~~~~;..~ IJr E·r·~i. lnt~rr.atlon::l 019sdn~•lon!i 't):.; tro. ~.!ll Fr'l.'• 11 ~.t:.-:~t l Tn~ l.'~nW•'-~' ~-~ Subscrite Now ·~ Useful Tools t··,-_.. ~r..ht;l r:. • t:~. ~., ~~i.:: .. c .. ll lov.:IIIIV'l:vmg funo~ !roll' !Ius Con!.nr.a!o-'n NJmber must be complelet1 by tro c:•P'ttJiion da~ • Sccuri~· Fee Is the uovernmortl·lmposcd September 11111 Secunty Fee See Soutt:wPs! Air finn Co Noi!C!! of !nrorcoratoo'l &:t. Southwesl Adnes Ltmi: of llab!l4y Sou:llwest A'rll'll!IO FO B~:JSG47-1CR 0\lt.as. 1 x i!:23:- Cooyr.gtlt201 & SWJ\west Aillines Co 1\ll Ri(lhiS Re-oe,.e1. ht~lht\8lt:koogle.com/maiVu/O/?ui=2&i]c;53aafa073c&view=pt&search=inbox&th= 14e... '7PJ9.(6!6lll5 Gmail- Flight reservation (HSAM3K) I28JULI5 I HOU-DAL I Schaffer/Kent _ c~. ,j, '· .... ·1. Page 1 of3 Kent Schaffer Flight reservation (HSAM3K) 128JUL151 HOU-DAL I Schaffer/Kent 1 message Thu. Jul 23, 2015 at 2:07 Southwest Airlines PM Reply-To: Southwest Airtlnes To: KENTSCHAFFER@gmail.com You'111 all se1 f:>r your lfl('' Southwest-11 Cho<;k In Online Choc!l Flight Status Chango Flight Special Oflors Hotol Offorn I Car Offers .• Ready for takeoff! ..~~ 'JW ~~· Thanks ror choosing Southwest-· for yOtJr trip! Vou11 Hnd everything you need to ltnow about your reservation below. Happy travels! Upcoming Trip: a 07128115 • Dalles AIR Itinerary AIR Confirmation: HSAM3K Pllrmongor(s) Conr.m10tron Date· 0712312015 Rapid Rewards# Tlckot t1 SCHAFFERJKENT Expiration 5262128815719 Est. Points Earned Jul22.2016 4419 EARLYBIRD! CHECK-IW LcttusWw R.i:~rJ R'!.,.,:.·~J po.nU ea:med ace ;:nl, f.l\:unal~ o: \b5oi1 ~nl! 1:.:~ S• •t~··e't l!:.e mos1 a-:cura:.! totals. inck.141r'l A·' ut .S A·l:M Ptdf&rtt:d bom, .. Sl)\.lfhrot31 c..om 01 R...p•, f~eo-..J·ds• n.:<"~Uf'· fl)t pc:'''· Oato Flight Departure/Arrival TueJUI28 4 Depatt HOUSTON (HOBBY), TX (HOU} on Southwest A!J1ines C..""' c<: Choacl>ln roryuu at 07:00AM Arrive In DALLAS (LOVE FIELD), TX (OAL) at 07:55 AM Travel Ttme 0 hrs 55 mlns Anytime Best Rate Guarantee Tue JUI28 43 Depart DALLAS (LOVE Fl ELD), TX (DAL) on Southwesl Airlines at 5:00PM Arrive in HOUSTON (HOBBY), TX (HOU) at 6:05 PM rravel lima 1 hrs 5 1nlns Business Seled What you need to know to travel: Flexibility to Pay Later Earn up to 750 Rapid Rewards Pobds Book a 1-:otet • Don't bnel ta c:hecllln for your flillht(s)24 hours bokl~~r trip on soutllweslcom or your mobile dcwtce. This wDl &eQK8 your boarcllng posillon on your lllghts. • SooliiWeslAlr11nes doos not havu asSigned seals, so you can chDOSU your seat wnen you board 1t1e plano. You will be ~ned a boaAiing position based on your chedcii tirmJ. ll'le 88llter you check ln. willlin 24 houls of your flight, the elllfttr you gQt lo boaid. • Wfi, ~ and 18lated aeMt.es and amenities may wry 8lld are subject ta c:hanga based on aaslg:wa lllraart team I'Mf8 httji9ct'dbialt.google.com/mail/u/O/?ui=2&ik=53aafn073c&view=pt&search=inbox&th:::J4e... lfalg&$()6 . Gmail- Flight reservation (HSAM3K) I28JULI51 HOU-DAL I Schaffer/Kent Remember to be In the gate area on time and ready to board: • 30 minutes DI1Dl to schedlftd dapar!ur& limB: Wl may begin boalllln,g as eal1y os 30 minute& pt101 tv your Qlghl'a IICil8duled departljre lime. WoiiiiCO\Itugll ull passenger& 10 plan to anM! !nlllB gats 11111a no lalllr lhan lhla lime. 10 mlnules prior to GCheciUecl Clepartute t!me: AU DIISsenget'S must obtain their bowng passes and 11!1 In the gala area ava!lable for boarding at least 10 mlrultes prtar ID your m;ht's sdlecfuled dej)atlurll time. If not, Soui!Prest may cancet your resetv8d space and you ~D not he ei!Qible for denied boardln; compeneation. If you do not plan to travlll 011 your Bight In lllXlCidanee wilt1 Somt~oetll·tmp:lsad Se;llf:mHr 111ft S Tuesday, July 28, 2015 3:58 PM Biviana Sorenson UPDATED flight reservation (HSAM3K) j28JUL15l DAL-HOU I Schaffer/Kent From: Sent To: Subject: ftiv Account I View My !Ummn Onllno Ready for takeoff! ~ Thanks for choosing Southwest· ror your tnp! You'll find everyth1og L::;!=-.J you need to know about your reservation below. Happy travels' Upcoming Trip: 07128115- Dallas AIR Conflnnation: l·IS,..:•,M3:-\ Passenger(&) Rapid Ticket# Rewards# SCHAFFER/KENT ~ ;,;,1 - - - - - - - · - CotJi.rmation Date 0712(112015 :...::..1 Expiration Est. Points Earned 5262130091028Jul~ 1897 2016 ~------- Flight Date TueJul28 51 Departure/Arrival Depart DALLAS (LOVE FIELD), TX (DAL) on Southwest Airlines at 7:00 PM Anive in HOUSTON (HOBBY}, TX (HOU) at 8:06PM ' - - - - - - - - - - ' ': , ..... ~------ What you need to know to travel: • • Don't forget to chedc In tor your B'Jght(s) 24 hours before y01.1r trip on souti\We$t.c:om or your mobl1a devlca. 1111s w1m GeQUO ycur boanlltll) poPion on your ftlghla. Soulhwest Alfllnes daes not have assigned seats. $0 you can dloose your neat wtlen you boan:l Ule plane. Vou w!U be oGSigned a boarding pooition • based on your checkln time. The earller you cltedc In, within 24 hours of your flight, the earlier you gel to boanf. WIFI, TV, and related &ervice& and amenities may vary Dnd ate subject to change based on asslgn!d altctafl. beam more "tl Remember to bit In tho gate area on time and readv to board: • • • 30 minutes prior to schadullld departure lime: we may begin boarding as eady as 30 mlnU!BS prior to your mght'B scl\eduted departure time. We enoourage all passengers to plan to ontve in the gate Bnlll no la1er lhan lllis lfme. &W'd 10 minutes prior to scheduled departure lime: All passengess must obtain their boanfilg passes and be In the gate area available forlloan!ing at least 10 minutes prior to your flight'S sdleduled departure time. If not, Southwest may cancel your reserved space and you will not be eligible for denied boarding compensation. If you do not plan to traYBI on your flight: In accordance vrith Soulhwesrs No Show Polley, you must nollfy Sou1hwest alleasl1 0 mfnutes prlor to your flight's scheduled departure If you do not plan to travel on th9 fBgl1llf not. 5ouUIW8st will c:ancel your reaeMltlon and all funds \\ill be folfelted. Air Cost: 218.00 Carryon Items: 1 Bag + small personal item are free. See futl details Checked Items: First and second bags fly free. Wetght and size limits apply. Fare Rule{s)· Valid only on Southwest Airlines. All travel involving funds from this Confirmation Number must be completed by the expiration date Unused travel funds may only ba applied toward the purchase or future travel for the Individual named on the ticket. Any changes to this itinerary may resullln a fare Increase ll;;1l U Get EarlyBird Check-In® Oetallsg Learn About Our Board1ng Proces!iq Cost and Payment Summary Base Fare $199.68 Excise TalCes S 14 22 Segment Fee S 4 00 Passenger Fae~bty ChargeS 4.50 September 11th Security _ !..F::::.:ee::_,__ _ _ _ _ _ _~__5_60 Total Air Cost $218.00 Payment Information Payment Type· T1cltqmers f!)gblrug!a Notirrcation !Jn:t!ili!l'"ll"'lt!J:d Miner~ ol Sl-.e Cll:.lo.!Jl.rrs w•t!! Qstl.!!!•~hm: lnlheAir BO'lk a Cat F'urr:hasing and Rnfunds Book a 1-!ol.:l Legal Pol.icles & Helpiullnformation Pnvlllif.f'..!!'i.~ Customer Servi,;e Cgmmjtmerll Noha! of lncoroo:ata~ !.~~ ContagUs FAQs jlpelt All; 1!9~H.:2:.9! ~ ~U~_Pjl:\f,ag§ ~e.9.,'>.ll!li';.'!LQ.IIq'} ldil'l3.!1!!.lli A~•!'! ••i •• ·-. ·~ • i. • . . :. . . .. ":·.1 • §o!Jihw!!sl Allf!M!! Lim I! of Llablllly . : :. 3 '%'liB Kl!RTZ CORPO!lATIOlit Pbone: Webt 800-654·4173 auutol www.hertz.com A~oement Noa 544171714 07/29/2015 Do tat J L__c_oc __~ ____t_•____________,_4_s_~~~~~ Db·act All Iaquidoa roo TRB HRRTZ CORPORATION l'O BOX 26120 0~~ CITY, CIWIGB CBTAIL Roo tor a Accowat No.1 0~ 73126-01~0 Xl!IO' SCHAl'FBR •••••••••••5007 AMX CDP lfo,o 391867 CDP IIG=ea CONTDIBRTAL Fl' DISC II KBRT A SCHAPPBR BIRBS SCBAP'FBR & DBBORDB 712 HAIR ST STB 24 00 BODSTON, TX 77002-3223 RENTAL RBFBRBNCB RENTAL DBTAILS Remtal A~oOIIIIlDt Roc 54U71714 Roaarvotioa IDa G644Jl2l4£6 P~tequeut T¥avolorc ZEl. aoto Pl11111 IN 1 '1'MDO Otrr: TMDO 07/37/2015 2lc48 LOCt 160211 RGDtod 0111 DALlAS LOVB aoturnod Qzu PLD, TX 07/28/2015 18:12 LOCI 160211 DALlAS LOVE PLD, TX C:lllt Doacriptiou: S:R 300 3.15 RVN Voh. Uo.: 6~78544 CAll CLASS Cbaruodo I RENTAL CHARGBS AHT: lll.OO 1 & DAYS SUBTO'J'lU. DISCOON'r SOBTOI'AL 93.82 5.00\ eNERGY SURCHARGE 10.00~ TAX Gold Plus Rewar~~s~P~o~iD~t~s~--------------- Direct All to.q.Udaa :ror THE lll!RTZ C:OII.POilA'I'I<»> PO BOX 26120 10.28 1.85 1.49 10.28 113.03 uso 98 ALL CBUGKS HAW BllSII B:u.LBD '1'0 !'OUR ACC:OVNT. 93.82 93.82 -4.69 89.13 CONCKSSION VRR REC'OVltRY VEIIlCLE LlCDISB PER Eamed thia rental: 10,37) Outr 10,2!18 DdVOIU 75 Rantod: I Roaorvodc I MISCBLLANBOUS INFORMATION CC ADTH: 102844 DATB: 2015/07/27 OP1CT35 TDI -----····-----J Raotal Agroa:aDt HD: 544171714 Data: 07/29/2015 DccumODtt 945001574526 Bl>lltOitl UNT SCHAI'F8R J.ceouut No. • •••••••••••~007 AKX OKLAHOMA CITY, OK 73126·0120 IRfiTBD STATES Pbollo; Web: QOO·G5'1·U73 www.h11rta.com oota oc UJ.Ol !l'SD I Le Meridlen Dallas By The Galleria 13402 Noel Road Dallas. TX 75240 Unlted Slates Tel: !f12.503o8700 Fax: 972-503-8701 Page Number Guest Number Kent Schaffer 712Maln St Folio 10 Arrive Date Depart Data No.OfGuest Room Number Cub Account 5uite2400 Hcustcn. TX 77002-3298 1 433123 A lrwolceNbt 27-JlA.-15 22:08 28-JUL-15 07:59 1 512 SPG - Ooooocxx3472 Tax Invoice 1lDc 10 Le Meridlen Dallas 28-JUL-15 08:10 JDIAZ Date .~ce DasaQillan 27-JUL-15 RT512 Room ChMge 27-JUL-15 27-JUL-15 27-JUt-15 28-JUt-15 RT512 RT512 R'JS12 AX CtyTax 7'IEo State Tax 6% _Owrges (USD) ~(USO) 226.00 16.14 13.83 4.52 -260.49 D1lltaJ -Balanc:u 260.49 0.00 -260A9 107284 HOUSTON AIRPORTS (281) 230. 3100 Thank youl 1111 1 8 * Cashiet. SHONTAl WILBORN Checkln 0/T: 0712711519·04 CheckOut DIT: 07128115 20·19 Duration Time: 1d 01h 15m Plats# FGP0807 TX Make/Model: MERCEDES BENZ/ Calm: SLACK Charge: Tax¥ · · To• 539.00 $0.00 $3900 Amount ieod: Due. S39 00 50.00 Omail- UPDATED flight reservation (HSJGCN) I 09JUN15I HOU-•.. https://mail.google.com/maiVuJOI?ul=2&ik=53aafa073c&vlew=pt&q••. iI Kent Schaffer UPDATED flight reservation (H5JGCN) I 09JUN151 HOU-DAL I Schaffer/Kent 1 message Mon. Jun B, 2015 at 7:45 PM Southwest Alrtln8S Reply-To: Southwest Airlines To: KENTSCHAFFER@gmail.com 'l'bllte B!l set for ,oor lripl My Al:eow1t I VIew Mr IUnetarv Online Southwest~ Check In Online I Check Flight Status I Change FBght I Special Offers I Hotel Offers I car Offers Ready for takeoff! Thanks for choosing Sauthwea~ for your triP I You'U find ev81ylhlng you need to know about your reseMIIan below. Happy travels! Upcoming Trip: 06109/15-oauas AIR Itinerary AIR Confirmation: H5JGCr! Confinnation Date: 061812015 Passonger(s) Rapid Rewards ft. Tlc:tcat f. Expiration ~=lnts SCHAFFER/KENT ~ Jun 7, 2016 4298 !1262118404332 Date Flight Departure/Arrival TueJun9 24 Depart HOUSTON (HOBBY), TX (HOU) on Southwest Airlines at 12:00PM Arrive In DALLAS (LOVE RELD), TX (CAL) at 1:00PM Travel Time 1 hrs omina Buslnesr. Select WedJun 10 3 Depart DALLAS (LOVE FIELD), TX (DAL) on Southwest Alrmnes at 07:30AM Arriw In HOUSTON (HOBBY). TX (HOU) at 08:30 AM Travel Time 1 hrs o mins Anytune What you need to know to travel: · • Don't llolmt ID d1eclc In for your tlight(s) 24 houts before your trip on 'BCltllhwllstcom cr your mobile deWc:o. Thb wlllsecun~ your bosrdllg Posdlon on your 11191\la. • ~~ AA!ines doea nothovo aauiQnlldDeaw, so)'l)ll can dlOil3o )'IIIII" seal wtmn you board the plane. 'ltJu will bo assigned a boardlna position based en your c:hecJdn lane. l1e earilei rou check ln. wi1ldn 241lours of~lliaht. lt1o oarfili' you get lD board. • WlA. ~ ~ related seMc8s and amenitieS may vary and are subject ID chang& based an assigr.ed ain:laft. UJam mme Sign Up 'n Save Remember to be in the gate area on time and ready to board: I of3 f1:'w~Aiblls 12:00 PM Omail- UPDATED flight reservation (HSJGCN) I 09JUN151 HOU-... https://mail.google.com/maiVu/OI?ui=2&ik=S3aafa073c&view=pt&q... Canyon Items: 1 Bag + smao pen;onal item are free See full deta11s. Checked Items: First and second bags fly free Weight and soze 11mits a;lply Fare Rule(s): 5282116404332: NONTRANSFERABLE. Valid only on Southwest Airfines. All travel invoMng funds from this Confirmation Number must be completed by the expiralion dale. Unused travel funds may only be appfied towanlthe purchase cf futun= travel for the lndMduaJ named on the ticket. Any changes to this ftlnenuy may result In a fare increase. EarlyBird Learn About Leam Atloul Our Our Boarding Process Check-In • A More Boarding Convenient Way Gel EartyBitd Check-In'-:> Details Pea!fand Payment Summa'fy Travel AIR • HSJGCi~ Base Fan= Excise Tams Segment Fee Passenger Facillty Charge September 11th SllCUIHy Fee Total Air Coat $ 388.66 Payment lnfonnaUon $ 29.14 Payment Type: Tk:lcat Exchange S 8.00 Date: Jun 8, 2015 S 9.00 Payment Amount: $446.00 $ 11.20 $ 446.00 Exchange Detail Jun 8, 2015 From llckat # 5262116245003 to ticket # 5262116404332 Useful Tools Know Belore You Go Special Tra•1e1 i'leeds Check In Online n IIJa Airport Trawllng wl!h C!JIJ!fren Emfy BUd Chod!-ln B!lggage POlicies Traw!ioo wilh Pills ~ISilare lbne!tUY Suggested AFpott Anival Tomes IJnal:ccrnpanled Moors Change Nr Reservation C@:e! Nr RusetVation Security Procedut!!S Customers of Size Cus!Dmers wiUJ Disabilities Check Fhght Ststus In the Air F!iglrt Status NQt!b!ion Pw-c:hasim!!!!!! Rof\mds Baby on Board BookaCar Book a Ho!ql 2of3 Pf.iTaJib'\s 12:00 PM ·Gmail- UPDATED fli~t reservation (HSJGCN) I 09JUN IS I HOU-... bttps://mail.google.com/mailiu/O/?ui=2&ik=53aafa073c&view=pt&q••• Legal Policies 1?. HeiP'i'ullnformatlon Privacy Poley Cuetoinlll' Seri.ce~Ccmmltmonl ~jce Clf hcorporatod Terms FAOs ConloCtUs 1llls IS.a pos~-only maili1111 from ~ Alrf11189. Please ilo not sllempf to respond tO Uils m0$18Ue. ~ pitvacyls lmpoi{an!IO UG, P!Oaao read cur Privacy P*Y. 1 NJ lnMll iiMlMng funds from this Corifmiallon Number must be c:ompiG!ed by the 8lqlllntlon dille. 2 Security is it. ~posed September 111h SecuritY Fee. • Fee See Sou!l!we51 Airt"!J8S Co. ttlticg d rncqipon!tion See St'l.lhwast Alll.'l~ i.tmit of USt.\ity Sdlwesl~ P.O. Bax31!647-1CR Dalas, TX75235 Conlac!Us Ccv/lf;ht 2015 ScUhwest Airlines Co. All Rlgh1s Resuved. 3of3 Psgei~S 12:00 PM YEllOW CAB Dallas I Fori' Wo~t -") I ~ ~ Arnount/Cuenlll: tz,.eCc OMcJFeehn: t( l1 l) Trip From/V1ajc de: _ _ _ _ _ _ _ _ ,_ __ To/Oes Flight reservation (8RC2FD) I 28APR15 I HOU-DAL 1Schaffer/Kent 1 message Sat, Apr 25, 2015 at 10:14 AM Southwest Airlines Reply-To: Southwest Alrtines To: KENTSCHAFFER@gmail.com \bu'ra all set for your Itt pi My Account I View My Itinerary Online Southwest~ Check In Online I Check Flight Status Change Flight I Spoc:lal Offers I Hotel Oft'en; I Ready for takeoff! Thanks for c:hoosing Soultiwesr® for your trip' You'll find evecytrung you need to know abOUt your reuervation below. Happy travels! Upcoming Trip: 041"28115- Dallas AIR Itinerary AIR Conflnnation: 8RC1FD Conflnnatlcn Date: 04/25f2015 Pasuenger(s) Rapid Rewards tl Tlc:kat # Expllation SCHAFFERIKENT .. 5262103250694 Apr 24, 2016 4296 Est. Points Earned Rapid Ro..ards pointa earned ora on~ esttmates. Visft ycur (MySGuu-51, 6GultiwDII.cam or RIIPid Ra-..on:ls) I!Cc:OUnl fer !he moat accurate totals - Including A-List & A·Lfst Preferred bonua pol:lls. Date Right Departure/Arrival TueApr28 4 Depart HOUSTON (HOBBY), TX (HOU) on Southwest Airlines at 07:00AM Anive In DALLAS (LOVE FIELD), TX (OAL) at 07:65AM Trawl Time 0 hnl 55 mlns Anytime TueApr28 31 Depart DALLAS (LOVE FIELD), TX (DAL) on Southwest Alrflnes at2:00 PM Arrive In HOUSTON (HOBBY), TX (HOU) at 3:00 PM Travel Time 1 hrs 0 mlns Business Select What you need to know to travel: • Don't b'aet to chec:k ;-.for yaa ~s)24 hours befcte )0111' trip on GOIAhwaslcam IK ywr mabila clrlbl. 1hls wO secure your boiuding posl!ion an )'0111' llighta. ~ .A1r1nes does not have assigned seats, so you can ctoooH ~seat wt1er1 you board tile ~ lbu wiD be assigned alxlatdinll Pollilicn based an your d1eddn time. Th& emllet' you check in, within 24 hccml of yaur light. IIlii artiii ycu get to board. • WIA, W. end relaled seNices and amenities msy vaty and 1110 subject to change based an assigned e!rcraft. Learn more. • I of3 Stgn Up 'n Save Car Offers ·Gtnail - Flight reservation (8RC2FD) 128APR lSI HOU-DAL 1Schaff... https://mail.google.com/maiVuiOI?ui=2&ik=53aafa073c&vieW"'pt&q..... Remember to be in the gate area on time and ready to board: • 30 minutes lltietto scheduled ctepaltul81ims: We may begin boarding as ear1y as 30 minl.dDi prior to yaJI' ~ sc:heduiBd clepaf1llrelime. We encourB1JE1 aD passqeB to plan 1o arriYe In lhe gale IWB amu. no 1a1ar Ulan Ws • 10 minutes prior to scheduled~ lime; AIJ pas~ must obbl!n 1helt bcardlng passes and be In lhe gate mea aVIIIlatlle tor baatdlng at raast 10 minuteS prior 1o )'CUt fligh1's sdleduleil depattUtEI timo. nat, SOUII\wlist may ClUilCul yoiJ' reseMld space £lid you Will net be elglbla for deniild baalditg com pllll!l8llon. • If yoo c10 not plan to lriMll on )'OUr filsht tt acccnlance wiUI Soulhwesrs No S1low Polq. you must nCitify Sau1hwest at lcasl10 minuteS prior to your ftlgtlt'a IIChsduled depal1ute If )'011 do 1\Cf plan to blNel an lfie tllgllllf l1llt. Soudlwast wra cancel your resorvatlon and an1Uncb wiB be lc1fded. rr Air Cost 446.00 Canyon IIams: 1 Bag + smallpetSonal item are free. See full detailS. Checked IIams: Fnt and second bags fly free. WeJght and size hrnits apply. Fare Rule(s): 5262103250694· NONTRANSFERABLE. Valid only on Southwest AlrllrlM. All tnlvel involving funds from this Confttmallon Number mullt be compleled by the expiration date. Unused travel funds may only be applied toward the purchase of future travel for the Individual named on the ticket. Any changes to this ftinerary may result in a fara Increase. Southwest~ Rapl!l ffeto'liltdi HOU WN DAL184.09YL WN HOU204.56KZBP 388.65 END ZPHOUDAL XFHOU4.5DAL4.5 AY11.20$HOU5.60 DALS.eo Learn Ear1yBird About Learn About Our Check-in _A Get EartyBird Our i\liore Check·ln® Details Boarding ProceiS Convenient Way Boarding Preawand Payment Summa"f9 Travel AIR-BRC2FD Base Faru Excise lBxes Segment Fee Passenger Facility Charge September 11th Security Fee Total Air Cost Useful Tools $ 388 65 $ 29.15 $ $ $ 8.00 s 9.00 11.20 446.410 Paymant lnformaUon Payment Type: Amer Express XX.XXXXXXXXX5007 Date: Apr 25, 2015 Payment Amount: $446.00 I< now Before You Go Special Travel Needs Checl< In 0!11~ In thePbJ?9rt Tnne!ing wilh Children Eat1y Bird Ch!!Ck-!n 81!Qqaqe Polieies !!m.'!!!!JA.'!!i!!!.f!!! \.i&wiShate l!lnera!y ~~..fjmpdArriwl Jlmes Ullj!gX)m pan!ed Mnom Cl!ange fog ResetValial Secur!ty Procedures Baby on Boanl Cancel Nr ReseM!ticn Customers e1 Size Cuslcmeto wllh Oisatlii!i8s Cheek F1ig!!t S!atus F!lgi\J Sl!ltus llblfficalioo Purchasino and R~ ~ B9okaCar Book p Hqte! 2of3 Pa~t1,ti3ts 3:49PM •Gman ·Flight reservation (8RC2FD) 128APR1S I HOU-DAL I Schaff... https://mail.google.comlmaillu/OI'lui=2&ik=S3aafa073c&vie\Fpt&q=.•• Legai Policies & Helpiullnfonnation Privacy Policy f:u&taner SeMce ComriiHtr.ent Notice or tncornorated Terros m91 Contact Uti Book Alt l8'lok Holall Boo~ Cat 1ilonlo. VaciiiiM Pt~clulges 1sue Special OHer~ 1t.;an~~.., MyAceo~nl This Is u post-anlyniaiing' frDm Sc:UhwostAitllnos. Plaase donotattenpl to respond to this message. Yow privacy i:; important to us, Please read our fdV;g N!;x. 1 MtnwellnwMng fu!lds from lhls ~linnallon Number must~ c:omp!eled by the BlCPimtion dale. 2 Sec:urity Fee Is lhB'90Yenment-lmpOsed Serllcmber 11th Security Fee. See Sculhwesl Ai!n8s eo. Noli:;a cth,;oroorntiou See SWhwest Airllnes Limitofllabltty Southwasl Alrilnes P.O. Box.36847.:.:1CR D*';1xi5235. ContaeJ~ Capyrl!lht 2015 SOulhwest Aitlines Co. All Rights ResBIWd. 3ofJ PaQBL1Aa!IS 3:49PM Date: 8/10/2015 Invoice #7·27PAX Bill To:. Bank of the Ozar~ · PO Box 196 Ozark, AR 72949 479-667-7152 RICHARD HENDERSON TEXAS RANGERS 13730 RESEARCH BLVD AUSTIN, TX 78750 512·739·7134 BRWII-~IWBlBilll 8/10/15 FLASH DRIVE WITH SUPPORTING DOCUMENTS TIME SPENT COLLECTING DATA 1 X fi.OO 8.00 .·. 5 X 10.00 50.00 ASSISTANT Remittance INVOICE:t Preparer signature Make all checks payable to Bank of the Ozarks Tha11h you for your business! ---------- ------Appointed Counsel Request for Compensation This is a 4-partform -PRESS HARD ]. C.11ue Numkr J. JumdletlDrr [;d 0 0/Jut~l D411 0/Jnuc Dlspotal J. PNICfeJiing ~~. I • Trl41.Jtuy J - PW-Oput 4 • Pfta:}jtnp 11 ProcminK (unt:v~l) DiJtrict 0 Ju'lfnik County Court tit Law .J~v Court## CL- 7W41·~~ (IJ$# cruk) 4\lces ~Ctt~ $ ~ :~~ 16. Oul ofCourt Strvicn s~c.- llourly 114~-t / Dlltn o.-rtactu.d Tot/11 HOJtrJ ~ ~~ Dlzta $ ~ 1-''%. 0~ 17.InJ'Qt/plllr E:xpmsa $ 18. Exptl'l Wl/niJJ ExpllfJa $ 19. 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Jrulldall;y ApproWJI AIMultt: $ 31 , 13?. 1J 29. Ttl Rc Adt!ul ro Courl Cos/$ $ lJ August Date 8/26/2015 8/27/2015 8/31/2015 Task Time Travel to Tarrant County for lA and Appointment Initial appearance, meeting SEC, travel Houston Review documents 3.00 9.00 1.00 August Total 13.00 ~epten1ber Date 9/4/2015 9/912015 9/10/2015 9111/2015 9/15/2015 9/18/2015 9/22/2015 9/23/2015 9/24/2015 9/25/2015 9/28/2015 9/30/2015 Task Time research research/review documents Review materials Review materials/corresp Research/meet with Cogdell Document review document review Document review Conference call/document review Review materials Document review meeting with Rangers and co-counsel, research 0.50 0.50 0.25 0.50 2.00 1.00 0.50 0.50 0.75 1.00 1.50 6.00 September Total 15.00 October Date 1011/2015 10/2/2015 10/3/2015 Task document review document review document review Time 1.00 1.00 0.75 10/5/2015 10/6/2015 1017/2015 10/8/2015 10/9/2015 10/12/2015 10/13/2015 10/14/2015 10/15/2015 10/16/2015 10/1912015 10/20/2015 10/21/2015 10/26/2015 research/document review research/document review review documents/corresp review documents/corresp document review, phone call witness corresp, research corresp, doc review phone call witness corresp, doc review corresp, doc review, research corresp, doc review document review, corresp doc review investigation, conf call10/29, doc review 2.50 1.00 1.00 0.50 1.00 0.50 0.75 0.25 0.50 1.00 1.50 1.00 0.50 2.00 October Total 16.75 November Date 11/212015 111312015 11/4/2015 11/5/2015 11/6/2015 11fi/2015 11/8/2015 11/9/2015 11/10/2015 11/11/2015 11/12/2015 11/1312015 11/16/2015 11/17/2015 11/19/2015 11/20/2015 11/23/2015 11/24/2015 11/25/2015 11/26/2015 11/27/2015 11/28/2015 11/29/2015 11130/2015 Task Time call with witness review filings review filings and research review/dratvedlt review filings/research research/review/draft research/draft/edit/review docs research/review materials review docs/edit/research review docs/edit review documents research/review materials researchlreview materials review motions review/edit motions/review docs motions/research motions/research/ediit motions/research motions/edit/research motions/edit/research prepare for hearing prepare for hearing prepare for hearing prepare for hearing /travel 0.25 3.00 3.00 2.00 3.00 6.00 8.00 3.00 2.00 1.00 1.00 1.75 2.00 1.00 2.00 1.00 1.50 1.50 1.00 0.50 3.00 4.00 4.00 6.00 41.50 November Total December Date 12/1/2015 Task hearing/travel Time 11.00 12/2/2015 12/4/2015 1218/2015 12/10/2015 12/11/2015 review materials phone call witness phone call witness review documents review documents 0.50 0.25 0.25 0.50 0.50 December Total 13.00 EXPENSES INCURRED AS ATTORNEY PROTEM STATE OF TEXAS V. WARREN KENNETH PAXTON, JR. 416TH DISTRICT COURT OF COLLIN COUNTY, TEXAS CASE NOS. 416-81913-2015; 416-82148-2015; 416-82149-2015 8-26-15 Hotel- Tarrant County, Arraignment Airfare Taxi Parking 11-30-15 Hotel Airfare Parking Total Expenses through December 6, 2015: $165.60 $436.00 $ 95.60 $ 40.00 $145.77 $455.96 $ 24.00 $1,362.93 APPENDIX TAB 9 Order entered January 30, 2017 In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00093-CV IN RE JEFFORY BLACKARD, Relator Original Proceeding from the 380th Judicial District Court Collin County, Texas Trial Court Cause No. 380-00320-2017 ORDER Before Justices Bridges, Fillmore, and Schenck Before the Court is relator’s January 30, 2017 Petition for Writ of Injunction and Emergency Motion for Temporary Relief. In the emergency motion, relator asks the Court to stay the Collin County Commissioners Court’s consideration or approval of any payment of attorney’s fees to the Attorneys Pro Tem appointed in State of Texas v. Warren Kenneth Paxton, Jr., Case Nos. 416-81913-2015, 416-82148-2015, and 416-82149-2015, 416th Judicial District Court, Collin County, Texas (the Paxton cases) pending this Court’s determination and resolution of relator’s Petition for Writ of Injunction. According to relator, the Commissioners Court is scheduled to consider whether to approve the district court’s Second Order on Payment of Attorney’s Fees to Attorneys Pro Tem today, January 30, 2017, at 1:30 p.m. Relator argues that a temporary stay is necessary to preserve the Court’s jurisdiction over this original proceeding and that a writ of injunction is necessary to preserve the Court’s jurisdiction over relator’s underlying accelerated appeal, Blackard v. Attorneys Pro Tem Kent A. Schaffer, et al., which relator states was perfected on January 27, 2017. Citing this Court’s opinion in Blackard v. Attorney Pro Tem Kent A. Shaffer, et al., No. 05-16-00408-CV, 2017 WL 343597 (Tex. App.—Dallas Jan. 18, 2017, no pet. h.), relator argues that his underlying accelerated appeal will become moot and this Court’s jurisdiction over that appeal destroyed if the Commissioners Court considers, approves, and disburses the requested payment of attorney’s fees. This Court has jurisdiction to issue writs necessary to enforce the jurisdiction of the Court. TEX. GOV’T CODE ANN. § 22.221(a); TEX. R. APP. P. 52.10. We GRANT relator’s request for temporary relief and ORDER the Collin County Commissioners Court to stay any consideration or approval of the payment or payments subject to the district court’s Second Order on Payment of Attorney’s Fees to Attorneys Pro Tem in the Paxton cases pending resolution of this original proceeding. This stay shall remain in effect until further order of the Court. The Court further requests real parties in interest and respondent to file responses to the petition for writ of injunction, if any, on or before February 9, 2017. /s/ ROBERT M. FILLMORE JUSTICE APPENDIX TAB 1 Order entered May 17, 2017 In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00094-CV JEFFORY BLACKARD, Appellant V. KENT A. SCHAFFER, IN HIS OFFICIAL CAPACITY, BRIAN W. WICE, IN HIS OFFICIAL CAPACITY, NICHOLE DEBORDE, IN HER OFFICIAL CAPACITY, COLLIN COUNTY JUDGE KEITH SELF, IN HIS OFFICIAL CAPACITY, COMMISSIONER SUSAN FLETCHER, IN HER OFFICIAL CAPACITY, COMMISSIONER CHERYL WILLIAMS, IN HER OFFICIAL CAPACITY, COMMISSIONER CHRIS HILL, IN HIS OFFICIAL CAPACITY, COMMISSIONER DUNCAN WEBB, IN HIS OFFICIAL CAPACITY, AUDITOR JEFF MAY, IN HIS OFFICIAL CAPACITY Appellees On Appeal from the 380th Judicial District Court Collin County, Texas Trial Court Cause No. 380-00320-2017 ORDER This appeal arises from a suit brought by Jeffory Blackard challenging the legality of an order rendered by the 416th Judicial District Court that directs payment of attorney’s fees by the Auditor of Collin County, following presentment to and approval by the Collin County Commissioners Court, to the attorneys pro tem in State of Texas v. Warren Kenneth Paxton, Jr., Case Nos. 416-81913-2015, 416-82148-2015, 416-82149-2015 (the Paxton cases). On January 30, 2017, Blackard requested, and this Court issued, an order staying the Collin County Commissioners Court from “any consideration or approval of the payment or payments subject to the district court’s Second Order on Payment of Attorney’s Fees to Attorneys Pro Tem.” On February 10, we consolidated appellant’s request for a stay into this appeal and ordered the stay on the commissioners court remain in place. We further stayed the Second Order on Payment of Attorney’s Fees to Attorneys Pro Tem and “all efforts to enforce and/or execute on that order.” These stays were necessary to prevent Blackard’s challenge to the payment of attorney’s fees from becoming moot. See Blackard v. Schaffer, No. 05-16-00408-CV, 2017 WL 343597, *6 (Tex. App.—Dallas Jan. 8, 2017, pet. filed) (challenge to fee order moot after fees paid). Blackard asserts standing in this case as a taxpayer seeking to enjoin the illegal expenditure of public funds. See Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 556 (Tex. 2000). Because the Commissioners Court, as a result of our stay orders, cannot consider whether public funds should be paid as directed by the Second Order on Payment of Attorney’s Fees to Attorneys Pro Tem, there is currently no approved expenditure. See Blackard, 2017 WL 343597, at *8. We are mindful of the necessity of preventing Blackard’s claim from being rendered moot by payment of the fees being challenged should those fees be approved. Accordingly, we ORDER the stay put in place by our orders of January 30, 2017 and February 10, 2017, lifted only as to the Collin County Commissioners Court and only for the purpose of allowing the Collin County Commissioners Court to consider and act on the order directing payment of the fees made the subject of the Second Order on Payment of Attorney’s Fees to Attorneys Pro Tem. Further, Blackard is ORDERED to provide this Court with a supplemental clerk’s record containing evidence of the Commissioners Court vote on the issue of payment of attorney’s fees no later than thirty days from the date of this order. If the Commissioners Court, however, fails to act within thirty days, this appeal will be dismissed for lack of jurisdiction. In all other respects, the stay remains in effect. We hereby ABATE this appeal for a period of thirty days or until we receive the supplemental clerk’s record, whichever occurs sooner. /s/ MOLLY FRANCIS PRESIDING JUSTICE APPENDIX TAB 1 1 SRC-JBJ S.B. 7 77(R) BILL ANALYSIS Senate Research Center S.B. 7 By: Ellis, Rodney Criminal Justice 6/18/2001 Enrolled DIGEST AND PURPOSE SECTION 8. Amends Article 26.05, Code of Criminal Procedure, as follows: (a) Requires a counsel, other than an attorney with a public defender, rather than public defender's office, appointed to represent a defendant in a criminal proceeding, including a habeas corpus hearing, to be paid a reasonable attorney's fee for performing certain services, based on the time and labor required, the complexity of the case, and the experience and ability of the appointed counsel. (b) Requires all payments made under this article to be paid in accordance with a schedule of fees adopted by formal action of the judges of the county courts, statutory county courts, and district courts trying criminal cases in each county. Requires a copy of the schedule, on adoption of a schedule of fees as provided by this subsection, to be sent to the commissioners' court of the count. Deletes existing text regarding certain counties adoption of a schedule. (c) Requires each fee schedule adopted to state, rather than to include, reasonable fixed rates or minimum and maximum hourly rates, taking into consideration reasonable and necessary overhead costs and the availability of qualified attorneys willing to accept the stated rates, and to provide a form for the appointed counsel to itemize, rather than to report, the types of services performed. Prohibits payment from being made under this article, rather than section, until the form for itemizing, rather than reporting, the services performed is submitted to the judge presiding over the proceedings and the judge approves the payment. Requires the judge, if the judge disapproves the requested amount of payment, to make written findings stating the amount of payment that the judge approves and each reason for approving an amount different from the requested amount. Authorizes an attorney whose request for payment is disapproved to appeal the disapproval by filing a motion with the presiding judge of the administrative judicial region. Requires the presiding judge of the administrative judicial region, on the filing of a motion, to review the disapproval of payment and determine the appropriate amount of payment. Authorizes the presiding judge to conduct a hearing in reviewing the disapproval. Requires the commissioners’ court, not later than the 45th day after the date the application for payment of a fee is submitted under this article, to pay to the appointed counsel the amount approved by the presiding judge of the administrative judicial region and that is in accordance with the fee schedule for that county. Deletes existing text regarding approval by the court. (d) Requires a counsel in a noncapital case, other than an attorney with a public defender, appointed to represent a defendant under this code to be reimbursed for reasonable and necessary expenses, including expenses for investigation and for mental health and other experts. Requires expenses incurred with prior court approval to be reimbursed in the same manner provided for capital cases by Articles 26.052(f) and (g). Requires expenses incurred without prior court approval to be reimbursed in the manner provided for capital cases by Article 26.052(h). (e) Authorizes a majority of the judges of the county courts and statutory county courts of the district courts, as appropriate, trying criminal cases in the county to remove an attorney from consideration for appointment if, after a hearing it is shown that the attorney submitted a claim for legal services not performed by the attorney (f) Reletters existing text of Subsection (d) as Subsection (f). (g) Reletters existing text of Subsection (e) as Subsection (g). Requires the court to order the defendant to pay during the pendency of the charges or, if convicted, as court costs the amount that it finds the defendant is able to pay if the court determines that a defendant has financial resources that enable him to offset in part or in whole the costs of the legal services provided, including any expenses and costs. (h) Reletters existing text of Subsection (f) as Subsection (h). nonsubstantive citation change. Makes a