U.S. Supreme Court, South Texas Style

hen students enter the advocacy program at W South Texas College of Law Houston, led by Robert Galloway ’91, the W. James Kronzer Jr. Distinguished Professor of Advocacy, they prepare for everything from contract disputes to oral arguments before the U.S. Supreme Court.

That rigorous education serves students long after their last moot court competition and graduation, as alumnus Richard “Rick” Morris ’91 demonstrated when he recently presented an oral argument on behalf of his client in Houston Community College Foundation v. Wilson before the nation’s highest court.

Morris presented a confident, well-honed case in Washington, D.C., in early November, following an intense period of preparation with STCL Houston professors and 20 students in the Appellate Litigation Clinic. With the guidance of Galloway, who also serves as vice president for advocacy, the students helped Morris prepare for the biggest case of his career.

Making the case

In the years since graduating from law school, Morris made a name for himself specializing in education law. Now a partner at Rogers, Morris and Grover, his successful track record includes a long history representing public school boards and community colleges, in addition to governmental entities.

On Nov. 2, Morris engaged in the highest form of representation for the HCC Foundation when he advocated to the U.S. Supreme Court on the school’s behalf.

The case focused on a dispute between the foundation and a former HCC Foundation trustee, David Wilson. Made up of nine elected trustees, HCC’s board members voted to censure Wilson after years of discord, multiple lawsuits, and, according to the petition to the U.S. Supreme Court, “a laundry list” of controversies that ultimately ended in a letter from the college’s accrediting agency expressing concern over the public disputes.

Wilson alleged in a state court case against the trustees that the censure violated his rights under the First Amendment and

“When the time came to discuss getting prepared for the argument, I couldn’t think of a better program with all the resources it has to offer. I was thrilled Rob was willing to offer his support.” – RICK MORRIS ’91

Advocacy students line the judge’s bench to listen to Rick Morris ’91 present his argument in the T. Gerald Treece courtroom.

the Equal Protection Clause of the Fourteenth Amendment. HCC’s stance, and Morris’ argument, was that the foundation’s own First Amendment rights allow free speech in the form of censure.

The central question of the case, according to the U.S. Supreme Court, was “whether the First Amendment restricts the authority of an elected body to issue a censure resolution in response to a member’s speech.”

The decision of the justices, expected in summer 2022, will be closely watched by First Amendment advocates and lawyers representing government entities, and as with any U.S. Supreme Court case, the stakes are broader than simply winning for a client. The result could set precedent for years to come.

From moot court to Supreme Court

When Morris learned the court accepted the certiorari review and would hear the case, he recalled the exceptional — and similar — preparation he received at South Texas in the renowned advocacy program.

When Galloway and Morris were moot court partners at the law school in the late 1980s, they were promising students who worked hard to win moot court championships.

Their natural abilities as advocates — in addition to long hours spent researching, writing briefs and practicing oral arguments — earned their team the moot court tournament win. That experience laid the groundwork for many years of rewarding law careers after graduation, and was the impetus for working together on a U.S. Supreme Court case.

“When the time came to discuss getting prepared for the argument, I couldn’t think of a better program with all the resources it has to offer,” Morris said. “I was thrilled Rob was willing to offer his support.”

Galloway saw Morris’ request as an incredible opportunity, and he immediately wanted to involve students in the process by forming a special Appellate Litigation Clinic. Despite the much higher stakes for an actual case argued before SCOTUS, Galloway said the preparation process is similar.

“Rick did the same thing our students are doing to prepare for moot court competitions each year,” Galloway said. “The approach students are taking is exactly what got Rick to the U.S. Supreme Court, as is the process he used to get ready.

“Ready is a term we use when we stand up and say we’re ready to go,” Galloway said. “You announce ‘ready’ when you start an argument. Rick’s always gotten ready in the same way, using

Rick Morris ’91 (right) discusses strategy with Professor Rob Galloway ’91 and one of his legal colleagues.

“As they participated and watched us prepare for the argument, I hope they recognized that they may have a similar opportunity one day.” – Rick Morris ’91

the process he learned here. It’s the way he trained lawyers at his law firm. You are the product of the way you learn. The information he assimilates to get prepared for the argument may change, but the process doesn’t.”

The 20 students in the Appellate Litigation Clinic took a deep dive into prescribed roles intended to mimic what Morris would experience in Washington, D.C.

As part of that plan, 18 students took on the nine justices’ personas. To do that, each student read what each of the justices wrote in areas related to the case, listened to past arguments, and gathered information to make a list of questions the justices would likely ask.

Brigette A. Dechant, a 3L participating in the class, was assigned to Justice Brett Kavanaugh.

“My role was to conduct a deep dive of Justice Kavanaugh’s areas of interest as applicable to political speech,” she said. “I want to learn from Rick and Rob’s process. I want to learn how to communicate and advocate such that I will be where they are one day. I never dreamed I would get to work on a U.S. Supreme Court case, but here I am, learning South Texas style from a South Texas alum.”

Two students studied the lower-court circuit split and helped guide practice rounds with Morris. One student tasked with that role was 3L Gavin O'Brien, who coordinated with STCL Houston professors Charles W. “Rocky” Rhodes, Josh Blackman and R. Randall Kelso to facilitate their roles in the clinic and to gain greater First Amendment knowledge.

During Morris’ preparation, the students held practice rounds, competing against each other, devising arguments and troubleshooting the arguments they expected Morris would make. They also acted like advance scouts, researching how each of the nine justices had approached the First Amendment philosophically over the years. That research helped Morris prepare well for the questions he received from the justices.

An external film crew followed Morris, Galloway and the Appellate Litigation Clinic students throughout the process to document the extraordinary experience.

Nancy Wade, 3L, said it was been exciting to watch Morris practice in front of First Amendment experts and to craft his arguments.

“It made me excited to realize what we’re doing here in the advocacy program really is so similar to what someone at his level is doing,” she said. “He’s just at a much higher level than we are.”

Her classmate, 2L Harrison Cass, said watching Morris prepare has shown him how much work he needs to put in to reach a similar level someday in his career. And 3L Dillon Breazeale, who had originally wanted to be an attorney for the experience of courtroom trials, now sees the appeal of, well, appellate work — particularly arguing before the U.S. Supreme Court.

“I have added that to my bucket list,” Breazeale said.

For Wade, she has enjoyed talking with her two pre-teen kids about her role in the case because it’s part of history.

“I look forward to having grandkids one day, and being able to say, ‘Look, that case you heard about… grandma worked on that.’ That’s pretty great,” she said.

A higher level of preparation

Morris said he wanted to involve the students not only because of the assistance they would provide him, but also to give them a glimpse of what it takes to get to this point themselves. “As they participated and watched us prepare for the argument, I hope they recognized that “You get 15 they may have a similar opportunity one day,” Morris said. “They will see minutes to make the level of preparation and dedication it takes. Going through this an impression, experience will make them better lawyers when they get out in the real and you want to world and begin practicing law.” STCL Houston First Amendmake it power ment scholars talked with Morris packed with the and the students about trends in First Amendment law, how certain cases best stuff that have developed, and where they have diverged. Scheduled practice rounds you’ve got.” of arguments incorporated the students’ research, South Texas profes– Rob Galloway ’91 sors’ expertise, and detailed debriefs. All the hours of work culminated in the short time Rick was given to argue before the justices, with the bulk of his time spent answering their questions. “You get 15 minutes to make an impression, and you want to make it power packed with the best stuff you’ve got,”

Galloway said. “You only get that one opportunity.” While the results of the case are likely months away, Morris was proud of the case he built — with some strong assistance — and his presentation of it. “It is professionally rewarding to be able to argue a First

Amendment case because the principles are so fundamental to our democratic government,” Morris said. “To be able to have a voice in that debate was special for me. We were pleased to be able to make a strong argument and grateful for the opportunity to add our voice to the body of First Amendment constitutional law.”

“If South Texas College of Law Houston were a sports team, it would be called a dynasty.”

– MARCUS DINITTO, HOUSTON BUSINESS JOURNAL, 2018

THE PRESTIGIOUS HISTORY OF THE SOUTH TEXAS ADVOCACY PROGRAM

Consistently ranked in the top 10 for trial advocacy by U.S. News & World Report

136 national advocacy championships, more than twice the number of any other law school in the country

15 American Bar Association National Appellate Advocacy Championships

South Texas College of Law Houston named “Best of the Decade” in moot court competitions, 2006-2016

Advocacy students prepare for their questioning during a work session in the T. Gerald Treece conference room adjacent to the advocacy hall of champions.

Every year, hundreds of alumni return to South Texas College of Law Houston to coach and judge practice rounds, which helps students prepare for competition. The rigorous program allows students to test arguments and hone strategy before they launch their careers. The process helps them sharpen their skills and learn the ropes in a low-stakes setting where making mistakes won’t have severe consequences.

A major point of pride for the law school, the South Texas tradition of unparalleled advocacy education develops outstanding lawyers who graduate ready for their professional careers in the courtroom. Some of Texas’ most formidable litigators cut their teeth in STCL classrooms.

If you are a former advocate at STCL Houston, or if you are interested in providing feedback to the students preparing for competitions, we want to stay connected!

ONETOWATCH

Jose Pablo Salas Experiential learning leads to “Big Law” offer

hen South Texas 3L student Jose Pablo Salas applied for a coveted internship position with Apple’s Products and Services Legal Group, he knew he was competing with other top-tier law students from across North America. “I got my first iPod when I was young and remember thinking what a huge, grand company Apple was,” Salas said. “I always imagined people in California getting to experience work at a company like that. I never imagined a kid from Matamoros, Mexico, could do it.”

But hard work and a penchant for leaning into challenges are par for the course for Salas. Through an extensive vetting process, his application stood out, he aced the interviews, and he got the job.

Getting a peek behind the curtain at Apple provided Salas with greater confidence about his future work. “I was dealing with everyone from business teams to engineering teams to marketing departments,” he said. “Having that knowledge of how to work with different internal stakeholders will be crucial to my success as an attorney.”

Now with two major internships under his belt — at Baker McKenzie in Houston and Apple headquarters in Cupertino, Calif. — Salas’ resume is impressive, and he is on track to achieve his lifelong dream.

W

Gaining experience

Salas quickly took to moot court and became an integral part of the South Texas College of Law Houston competitions team, helping lead the charge to the na-

“South Texas pushed me to tional finals last year. He also won an award for writing the best brief in become the best lawyer I could be, a national moot court competition. Acknowledging the law school’s and I believe I will start my career with a huge advantage.” long history of dominance in advocacy, Salas attributes his successes to absorbing as much as he could from his professors. He credits Professor —JOSE PABLO SALAS Rob Galloway, vice president for advocacy, and Professor Amanda Peters’ Legal Research and Writing class with impacting the trajectory of his career by pushing him to hone his skills. In his second year at South Texas, Salas took his skills to the courts as an intern for U.S. District Judge David Hittner. That experience taught him about the inner workings of a courtroom. But it was ultimately his time at a private law firm as part of a secondment, a type of job rotation in another area, that led to Salas becoming a legal intern with Apple.

From the South Texas border to South Texas College of Law Houston Big companies, big law

Though he was born in Brownsville, Salas grew up in Matamoros, Mexico, where he lived for 12 years with his grandparents.

From a young age, he was a dedicated student. Salas crossed the border every day to attend school in Texas. He woke up as early as 5:30 a.m. to get to his elementary and middle schools, at times waiting for up to two hours to cross the border.

When Salas turned 12, he moved back to Brownsville. That’s where he first became interested in government, citing his stepfather as a major influence. “He’s a lawyer in Brownsville who first studied political science, so I thought it would be useful to follow his path,” Salas said.

That path eventually led him to The University of Texas at Austin. As a government major, Salas gravitated to working at the Texas Capitol, where he met lawyers and lobbyists who helped shape his aspirations.

These early mentors would inspire Salas to make law school the next step in his educational and professional journey. Initially drawn to STCL Houston because of the many successes of its advocacy program, he eventually used the program as a springboard to launch his career.

That Apple internship solidified Salas’ desire to go into “Big Law” after graduating from South Texas. “It’s not stressful if you love what you do and the people you work with,” Salas said.

The exact details of the Apple position cannot be disclosed because Salas is bound by confidentiality, but he says he appreciated the in-house experience he gained.

“It was fascinating to get a look at how a giant company like Apple works,” he said. “I got to see what the legal needs are for a company of that size.” All his experience-based learning has proven to have direct value on his future. The 3L recently accepted an offer from Baker McKenzie as an associate attorney in the transactional practice group post-graduation.

“South Texas pushed me to become the best lawyer I could be, and I believe I will start my career with a huge advantage,” Salas said. “I am grateful and excited to take the next step.”