Austin, Texas 78711 Office of the Governor Phone (512) 475-3021 '00 J1 PeP.:40 el,"tAl I° *46! oigese).4-65. pr$ Re" otp DATE: TO: FROM: RE: MEMO April 30, 1982 Governor William P. Clements, Jr. David Herndon, General Counsel Midwestern University Lawsuit CLu-c:ci0 I talked by phone with David McAtee, Thompson & Knight, outside counsel for Mark White. Hella_have stated to someone in the Attorney General's Office that the faiTUF5 of the district clerk to notify them that the case was set for trial June 2nd could be a basis to ask for a continuance. Aside from this possi- bility, he never discussed continuance with anyone. He stated unequivocally that he has no knowledge of the Attorney General intending or wanting to ask for a continuance. CTI also have talked with Robert Patterson, who is the Administrator of the Travis County District Courts. On May 27th he will call the docket and ask which cases are ready to go to trial. If neither the Plaintiffs or the Defendants want to try the case, it is postponed. If the Plaintiffs want a trial and the Defendants don't, the Defendants, at that time, can make a motion for continuance. The basis would be that the Legislature has passed a proposed constitutional amendment that would decide all the issues in the case. Patterson would choose any available judge who, that afternoon, would decide whether to postpone the case. If the Legislature had not passed a resolution by the afternoon of May 27th and the Plaintiff's were insisting on a trial, on June 1st at 4:30 p.m. Patterson would choose one of the judges who was not busy with another trial and assign the case to him or her. Then, a motion for continuance or stay would be made to the assigned judge. The basis would be either that the Legislature, after May 27th, had passed a resolution or likely would pass one soon. If this does not answer all of your questions, I am available to discuss further or try to find out more. DH: sr 0-7 rtiAY-2 0 1982 DAVID HERNDON General Counsel