Judge Phyllis Lister Brown Still Punching In, Despite Court's Refusal to Preserve Her Job

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Municipal Court Judge Phyllis Lister Brown
Judge Phyllis Lister Brown will not stop showing up at work -- not even after a judge yesterday denied her request that the Fifth Court of Appeals prevent the city from removing her from the bench as she runs for district judge. Today, her lawyer, Ray Guy, filed a motion of reconsideration. Her request that the court protect her employment was a precautionary measure as the suit she filed against the city -- stating that her position falls under state, not city, control -- moves through the system.

The litigation stems from her filing to run for district court, which, according to City Attorney Tom Perkins, means she must step down from her current position in accordance with city charter. In January, council voted that yes, Brown must leave her post as municipal judge. Brown and her lawyer maintain that the city does not have the authority to remove her and that their decision to do so comes from a misinterpretation of the charter.

Two weeks ago, Brown won an injunction from district court, allowing her to stay in her position until her lawsuit is resolved. Brown's lawyer, Ray Guy, maintains this is still in place, but the validity of the injunction was compromised when the city took the case to a higher court, the Fifth Court of Appeals.

Guy told Unfair Park that Brown showed up for work today as always, but that she was not scheduled to serve on the bench. The city has not taken any new action to remove her. Next week, she has a regularly scheduled seminar until Friday, when she is due to once again take cases. It remains to be seen whether the city will then take measures to remove her. We left a message for Perkins and will update accordingly.


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8 comments
az
az

So profoundly embarrassing.  We wonder why people all around us don't follow the law, and don't think the rules apply to them.  Well, it's no wonder, because here's a judge exhibiting the same juvenile behavior.  "I don't have to follow the rules, because I'm me!"  Pathetic.  Grow up, "your honor," and move along.

Dallascivilattorney
Dallascivilattorney

I doubt I will vote for this judge because she does not have the best background for a civil court, compared to some of the other candidates in this race who have more appropriate legal credentials and experience, but the voters should decide and it seems odd to me that some judges can run for other offices without resigning and others cannot.

JOSHUA
JOSHUA

simple solution.   lock up her former courtroom and reassign the employees.

Mike
Mike

How can she levy penalties if the City Council says she is not a judge? Can I get a black robe and sit in the chair and decide cases? The City Council likely does not consider me a sitting judge either. Maybe we can all do it.

You cancel her ID card, change her locks, and stop paying her. Do what they did to the stapler guy in Office Space, just put a zero on her paycheck. People in government over think this stuff.

Guest
Guest

Does that mean it will take longer to get traffic and city ordinance tickets resolved?  If they have to pay her, they might as well have her doing the job. 

Why anyone would think deciding traffic tickets would qualify her to handle real litigation is beyond me, but that's another issue all together.  Maybe she can use that time to study the Texas Rules of Civil Procedure and the Texas Civil Practice and Remedies Code.  Just make sure she gets current copies, they've changed a lot since she started working at traffic court.   

JOSHUA
JOSHUA

REQUIRES SOMEONE TO "THINK"...NOT A CIVIL SERVANT QUALIFICATION.

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