8th Court of Appeals recuses itself from Duranguito court hearing involving City, historian

The Eight District Court of Appeals has recused itself from a contempt of court hearing involving the City of El Paso and Historian Max Grossman, the man leading the effort to protect the Duranguito neighborhood from demolition.

The City plans to build a multipurpose performing arts center in the downtown neighborhood.

The Order of Recusal states the court learned one of its employees “violated the Code of Judicial Conduct as well as the Court’s policy manual, by manifesting bias or prejudice against one of the parties in a pending case.”

A letter filed October 23, 2017 reveals the employee, a staff attorney, manifested the bias or prejudice against the City of El Paso.

“The Court did not knowingly permit the attorney to engage in the conduct and we certainly do not condone it,” the letter by Chief Justice Ann Crawford McClure states, “Further, the Court has accepted the staff attorney’s resignation effective immediately.”

An order of recusal further states, “the Court did not have prior knowledge of the employee’s actions and did not knowingly permit the employee to engage in the conduct, but we offered to recuse upon request because the employee’s conduct could diminish the parties’ confidence in the ability to to decide the case impartially.”

The City of El Paso then filed a motion asking the Court to recuse itself, which the Court did.

“The City seeks recusal of the Court and its justices from all further proceedings in this case,” the City’s Motion to Recuse states, “The City requests that no further action be taken by this Court in this proceeding until this Motion has been determined.”

The Court sent an order of recusal to the Texas Supreme Court for reassignment or transfer of the case to another court of appeals. “The three active judges comprising the Court of Appeals for the Eighth Judicial District of Texas have recused from hearing each of the cases,” the order states.

In a letter to the Texas Supreme Court Clerk, the Eight Court of Appeals states the recusal order “includes Senior Judge David Wellington Chew, assigned to conduct a contempt hearing.”

Grossman filed a motion for emergency relief September 11, 2017. After it was granted, the City was ordered to cease all efforts to demolish seven buildings in the Duranguito neighborhood.

The morning of September 12, 2017, demolition crews hired by the private property owners damaged several buildings in the neighborhood, despite the court order. The City agreed to buy some of the properties damaged by demolition crews, but not until the buildings are demolished. The City said the order to stop the demolition was not directed to the property owners and the City had to pass the court’s instruction along to the owners.

Earlier this month, Grossman argued the City should still be held liable. “The bottom line is the City controls the properties and that is the legal standard and that is what we’ve briefed to the courts,” said Grossman.