PD-1067-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 11/9/2015 7:11:14 PM
November 9, 2015 Accepted 11/10/2015 8:14:23 AM
PD-1067-15 ABEL ACOSTA
CLERK
In the Court of
Criminal Appeals of Texas
EX PARTE JAMES RICHARD “RICK” PERRY
On Petition for Discretionary Review from the District Court for the 390th Judicial
District Travis County, Texas, Case No. D-1-DC-14-100139, and the Texas Court
of Appeals for the Third District, at Austin, Case No. 03-15-00063-CR
UNOPPOSED MOTION OF EUGENE VOLOKH TO APPEAR
PRO HAC VICE AND MOTION OF JAMES C. HO IN SUPPORT OF SAME
Eugene Volokh James C. Ho
California Bar No. 194464 Texas Bar No. 24052766
Gary T. Schwartz Professor of Law Prerak Shah
SCOTT & CYAN BANISTER Texas Bar No. 24075053
FIRST AMENDMENT CLINIC Bradley G. Hubbard
UCLA SCHOOL OF LAW Texas Bar No. 24090174
385 Charles E. Young Dr. East GIBSON, DUNN & CRUTCHER LLP
Los Angeles, CA 90095 2100 McKinney Avenue, Suite 1100
Tel.: (310) 206-3926 Dallas, TX 75201-6912
volokh@law.ucla.edu Tel.: (214) 698-3264
Fax: (214) 571-2917
jho@gibsondunn.com
pshah@gibsondunn.com
bhubbard@gibsondunn.com
UNOPPOSED MOTION OF EUGENE VOLOKH
Eugene Volokh (“Movant”) respectfully moves that he be admitted to
appear, sign all pleadings, and take whatever action is necessary to represent
amicus curiae Constitutional and Criminal Law Experts in this case (the Texas
Proceeding). In support of this motion and in compliance with Rule XIX of the
Rules Governing Admissions to the Bar of Texas, the undersigned states the
following:
1. Movant is the Gary T. Schwartz Professor of Law at the UCLA
School of Law. His office is at 405 Hilgard Ave., Los Angeles, CA 90095, and the
telephone number at his office is (310) 206-3926. His fax number is (310) 206-
7010 and his email address is volokh@law.ucla.edu.
2. In the Texas Proceeding, Movant will be associated with the
following Texas attorney:
James C. Ho
State Bar No. 24052766
GIBSON, DUNN & CRUTCHER LLP
2100 McKinney Avenue, Suite 1100
Dallas, TX 75201-6912
Tel.: (214) 698-3264
Fax: (214) 571-2917
jho@gibsondunn.com
3. Within the past two years, Movant has appeared or sought leave to
appear in the following cases or causes in Texas courts:
Ex Parte Thompson, No. No. PD-1371-13, in the Court of Criminal
Appeals of Texas (pro hac vice admission granted April 14, 2014)
2
Service Employees International Union Local 5 v. Professional
Janitorial Service of Houston, Inc., No. 13-0882, in the Supreme
Court of Texas (pro hac vice admission granted Nov. 15, 2013)
Auspro Enterprises, LP v. Texas Dep’t of Transportation, No. 03-14-
00375, in the Third Court of Appeals of Texas
4. Movant is licensed to practice in the following courts:
U.S. Supreme Court
U.S. Courts of Appeals:
Second Circuit
Fourth Circuit
Sixth Circuit
Seventh Circuit
Ninth Circuit
Eleventh Circuit
U.S. District Courts:
Northern District of California
California State Courts
Movant is an active member and in good standing with each of these courts.
5. Movant has not been the subject of a disciplinary action by the bar or
courts of any jurisdiction in which he is licensed within the preceding five years.
6. Movant has not been denied admission to the courts of any state or to
any federal court during the preceding five years.
7. Movant is familiar with the State Bar Act, the State Bar Rules, and the
Texas Disciplinary Rules of Professional Conduct governing the conduct of
members of the State Bar of Texas, and will, at all times, abide by and comply with
3
the same so long as the Texas Proceeding is pending and said applicant has not
withdrawn as counsel therein.
8. Movant refers the Court to his Affidavit attached hereto as Exhibit A.
Attached hereto as Exhibit B is a copy proof of payment by Movant of the
nonresident attorney fee to the Texas Board of Law Examiners.
9. Accordingly, Movant requests that the Court grant this motion to
appear pro hac vice in the Texas Proceeding.
Respectfully submitted,
/s/ Eugene Volokh
Eugene Volokh
Gary T. Schwartz Professor of Law
UCLA School of Law
405 Hilgard Ave.
Los Angeles, CA 90095
volokh@law.ucla.edu
(310) 206-3926
4
UNOPPOSED MOTION OF RESIDENT ATTORNEY
The undersigned states that he finds Movant Eugene Volokh to be a
reputable attorney and recommends that Movant be granted permission to
participate in the Texas Proceeding before this Court.
Respectfully submitted,
/s/ James C. Ho
James C. Ho
Texas Bar No. 24052766
GIBSON, DUNN & CRUTCHER LLP
2100 McKinney Avenue, Suite 1100
Dallas, TX 75201-6912
Tel.: (214) 698-3264
Fax: (214) 571-2917
jho@gibsondunn.com
5
CERTIFICATE OF CONFERENCE
The undersigned certifies that counsel for amici curiae conferred with
counsel for former Governor Rick Perry and counsel for the State of Texas about
these motions for pro hac vice admission, and confirmed that neither party is
opposed to the relief sought in these motions. If this Court denies the motion to
share oral argument filed simultaneously with these motions, these motions for pro
hac vice admission may be denied as well.
/s/ James C. Ho
James C. Ho
6
CERTIFICATE OF SERVICE
I hereby certify that, on November 9, 2015, a true and correct copy of the
foregoing was served via electronic mail on the following counsel of record for all
parties in this case:
Lisa C. McMinn David L. Botsford
State Prosecuting Attorney BOTSFORD & ROARK
P.O. Box 13046 1307 West Avenue
Austin, Texas 78711 Austin, TX 78701
Michael McCrum Anthony G. Buzbee
District Attorney Pro Tem THE BUZBEE LAW FIRM
Travis County, Texas JPMorgan Chase Tower
700 N. St. Mary’s St., Suite 1900 600 Travis Street, Suite 7300
San Antonio, TX 78205 Houston, TX 77002
David M. Gonzalez Thomas R. Phillips
Assistant District Attorney Pro Tem BAKER BOTTS LLP
Travis County, Texas 98 San Jacinto Boulevard, Suite 1500
206 East 9th Street, Suite 1511 Austin, TX 78701
Austin, TX 78701
Counsel for the State of Texas Counsel for Applicant
/s/ James C. Ho
James C. Ho
7
EXHIBIT A
AFFIDAVIT OF EUGENE V OLOKH
I, Eugene Volokh, on oath, depose and state that this Affidavit is in support
of the motion that I be admitted to the Court of Criminal Appeals for the State of
Texas pro hac vice.
1. I reside in California and I am a law professor at the UCLA School of
Law.
2. I was admitted to practice law in California on February 23, 1998.
3. I am currently in good standing before the various courts to which I
have been admitted and have not been the subject of any disciplinary proceeding.
4. I am over 18 years of age, I have never been adjudged incompetent,
and I am competent to testify to the facts herein stated.
5. I have read the foregoing Motion to Appear Pro Hae Vice, and the
facts stated therein and in this Affidavit are true and correct.
~~
EUll; Volokh
SUBSCRIBED AND SWORN TO BEFORE ME this_ day of November, 2015.
~\~se.- ~~JJ: O.,J1Lbm1'a- ':hl~wfn,t A-40~Wt+- s~i-J1r~
f),;\, {., s1yi~(Q_ CtMcl se.J ~c_,
L Notary Public
CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202
~See Attached Document (Notary to cross out ·lines 1-6 below)
D See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary)
Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California Subscribed,,,_ and sworn to (01 Bffi1 ffleel) before me
~y.\.2.s
~\..- .
County of L?5
on this q day of /J& v~b~, 20 I~ ,
by Date Month Year
(1 }_ _ _E=--u.=----:::. -e..ie:::_:_-'1__L!!.e...""""'--'\6'---"o=--.!../__!_k",__h----=--------
1----"".
7
(and (2}_ _ _ _ _ _ _ _ _ _ _ _ ),
Name(;) of Signer(~
proved to me on the basis of satisfactory evidence
to be the person~ who appeared before me.
Signature~ /2aCe- Signatu;eQNotary Public
Seal
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document . . ./ ;,.....1
'l ., \)_)l()V"'i M ,
Title or Type of Documentf"xb,bd-A 4
Aa\·clrvvi± DP £u1.fVvle., Document Date: tW ~'t 1 zo Jc;-
'
Number of Pages:~ Signer(s) Other Than Named Above: _ _ _ _ _ _ _ _ _ _ _ _ __
'~~'@>'@:>'§K;§{G:~W~@>g<<;>~~rn~
©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5910
EXHIBIT B: BOARD OF LAW EXAMINERS ACKNOWLEDGMENT LETTER
Board of Law Examiners
Appointed by the Supreme Court of Texas
P.O. Box 13486 * Austin, Texas 78711-3486
Acknowledgment Letter
Non-Resident Attorney Fee
November 09, 2015
To: Eugene Volokh
Via: volokh@law.ucla.edu
According to Texas Government Code §82.0361, “a nonresident attorney
requesting permission to participate in proceedings in a court in this state shall
pay a fee of $250 for each case in which the attorney is requesting to
participate.”
This Acknowledgement Letter serves as proof that the Board of Law
Examiners has received $250 in connection with the following matter:
Non-resident attorney: Volokh
Case: PD-1067-15
Texas court or body: Texas Court of Criminal Appeals
After satisfying the fee requirement, a non-resident attorney shall file a
motion in the Texas court or body in which the non-resident attorney is
requesting permission to appear. The motion shall contain the information and
statements required by Rule XIX(a) of the Rules Governing Admission to the Bar
of Texas. The motion must be accompanied by this Acknowledgment Letter and
by a motion from a resident practicing Texas attorney that contains the
statements required by Rule XIX(b).
The decision to grant or deny a non-resident attorney’s motion for permission
to participate in the proceedings in a particular cause is made by the Texas court
or body in which it is filed.
For more information, please see Rule XIX of the Rules Governing Admission
to the Bar of Texas and §82.0361 of the Texas Government Code, which can be
found on the Board’s website.
Sincerely,
Susan Henricks
Executive Director