Morning Extra! State’s brief due May 31 in TOMA case against Doyal, Riley, Davenport

Chief Justice Steve McKeithen of the Beaumont Court of Appeals.

Beaumont, May 16 – The Official Court Reporter of the 221st District Court filed her Reporter’s Record on May 11, 2017. The Beaumont Court of Appeals has established the briefing schedule.

The State of Texas’ Brief is due May 31, 2017, since the Court of Appeals is treating the case as an accelerated appeal. Under the Rules of Appellate Procedure, the Appellees – Montgomery County Judge Craig Doyal, Precinct 2 County Commissioner Charlie Riley, and local political consultant Marc Davenport – will have to file their briefs by June 20.

Justice Charles Kreger has recused himself from the case. Therefore, the panel of justices considering the appeal will be Chief Justice Steve McKeithen, Justice Hollis Horton, and Justice Leanne Johnson.

This appeal arises from the dismissal of Visiting Judge Randy Clapp of Wharton County, who determined that the Texas Open Meetings Act is unconstitutional, in a ruling that provided a great sigh of relief to many elected officials who don’t want to have to take action in the open before public view.

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