in Houston, Texas
Legislative privilege used to delay court dates, 122 legislative continuances used in 2009 session: Austin American-Stateman
Wed Jun 10 15:53:33 2009 CST
By Suyun Hong
The Austin American-Statesman's Danny Yadron recently reported on a tactic used by lawyers who are lawmakers to delay court dates. The story highlights a few cases of lawmakers using the exception and says the newspaper's review found 122 such continuances this legislative session, which ended June 1.

The story opens with a January letter from Rep. Burt Solomons, R-Carrollton, to the opposing lawyer in a divorce case:
"'As you may or may not be aware, I am a member of the Texas Legislature. ... I would appreciate you calling my office and checking my availability before scheduling any matters in this case.'

The letter, dated Jan. 12, was sent the day before the 140-day legislative session started.

Solomons, a specialist in business and real estate law, had just jumped on as co-counsel in Capitol lobbyist Angelo Zottarelli's divorce case. Piper represents his wife, Martha Alice Zottarelli, and knew Solomons' addition to the legal team meant the year-old case wouldn't go to court before July 1, 30 days after the legislative session."

Zottarelli's client list includes the City of Austin, Bexar County, the Texas Association of Community Colleges, and the Energy Future Holdings Corporation. To see the full list, click here to go to the Texas Ethics Commission lobbyist database.

The newspaper cites criticism that the privilege of legislative continuances has been abused and illustrates the advantage for a client who hires a lawyer-lawmaker if what she needs is time:
"Kentucky-based Lexington Insurance Co. hired Rep. Craig Eiland, D-Galveston, as a co-counsel in a lawsuit filed by a Houston condominium association, exactly one month before a Feb. 23 trial date. The motion for a continuance describes how Lexington needs more time to prepare for new and additional claims in the suit. Toward the end, it mentions that because Eiland now works the case, "a continuance is mandatory."
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