Waco judge threatens suit over political allegations

By Tommy Witherspoon Tribune-Herald staff writer

Wednesday March 3, 2010
 
 

Justice Felipe Reyna of Waco’s 10th Court of Appeals is threatening to sue a supporter of his primary election opponent for what he alleges are false and defamatory statements made about him.

In a petition filed this week in Waco’s 414th State District Court, Reyna is seeking to take the deposition of Dr. John Coppedge and others in anticipation of filing a defamation suit.

Reyna, 64, who was seeking his second six-year term on the intermediate appellate court, conceded the Republican primary about 9 p.m. to 378th State District Judge Al Scoggins, 54, of Ellis County.

Felipe Reyna
Felipe Reyna

Reyna said after his defeat that he intends to pursue the lawsuit.

Coppedge, 64, a retired surgeon from Longview, is treasurer of the Texas Bipartisan Justice Committee, which has endorsed Scoggins.

According to Reyna’s petition, Coppedge has made “defamatory” statements about Reyna and his record in letters to Republican primary voters and on at least two Web sites, including one operated by the Texas Bipartisan Justice Committee.

Scoggins said he and Reyna have had a good relationship “on the campaign trail,” adding that he had no comment on Reyna’s petition.

He said he was familiar with the statements on the Web sites but had made no effort to verify if allegations made by Coppedge are true.

“I am not involved in that and don’t want to be,” Scoggins said.

Coppedge, who supported Reyna in 2004, also declined comment on Reyna’s petition.

He said Monday he had not been served and was not familiar with the allegations.

In the letter to primary voters dated Feb. 26, Coppedge writes that Reyna is “one of the most liberal and one of the most frequently reversed appellate judges in Texas.”

“The reversed cases, in my opinion, reveal a pattern of usually ruling for the defendant in criminal cases and the plaintiff in civil cases,” the letter says.

Reyna declined comment on his petition.

However, his attorney, Darrell L. Keith, of Fort Worth, said Reyna’s actual record shows that he sided with the state in criminal cases at least 95 percent of the time and with plaintiffs in civil cases about 40 percent of the time.

“As Justice Reyna’s lawyer, I can say emphatically that he doesn’t mind a fair and tough campaign,” Keith said. “But he is appalled and shocked at the dirty campaigning that this Texas Bipartisan Justice Committee and Dr. John Coppedge are conducting in support of his opponent.

“Justice Reyna is asserting that they have falsely attacked his reputation as a fair and impartial judge and have accused him of things that are absolutely outrageous.”

Keith said he filed the petition seeking to take the depositions under special procedural rules that allow a party to a potential lawsuit to get information about the facts of a claim and to identify potential parties before filing a lawsuit.

Keith said he will schedule a hearing at which he will ask a judge to order the depositions.

twitherspoon@wacotrib.com

757-5737

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Mar. 06, 2010, 7:17AM

(Report Comment)

I just don't understand why such wonderful local lawyers must be represented by someone in Dallas. Is that where the good lawyers are?

 

Mar. 04, 2010, 10:56AM

(Report Comment)

so coppedge is a crazy doctor, with no offiical standing in the party and has been sued multiple times for malpractice. why would anyone listen to someone like that in the first place. isn't that the equavilent of some nut picking at a polling place? and i object to tyler's comment about the party being racist in voting out people with latino last names considering the "flores" received the majority of the votes in the dist 17 race to run against chet.

 

Mar. 04, 2010, 12:01AM

(Report Comment)

I've heard that one should never get in a public argument with a newspaper that buys ink by the barrel... I've never heard this, but believe it anyway, that one should never agitate a lawyer or a judge. Never works out well. Also..never complain or anger someone who is cooking your meal....that usually doesn't work out too well either.

 

Mar. 03, 2010, 5:45PM

(Report Comment)

yes Tom Gray got caught on video snooping.

 

Mar. 03, 2010, 4:59PM

(Report Comment)

Can someone tell me who Tom Gray is?

 

Mar. 03, 2010, 4:57PM

(Report Comment)

Why does this Coppedge guy care so much about what is going on here in McLennan County? Does it affect him or his practice?

 

Mar. 03, 2010, 4:53PM

(Report Comment)

Who has James Wiley' estate? Where do we find that information?

 

Mar. 03, 2010, 4:52PM

(Report Comment)

Is Tom Gray the crazy judge that got in trouble for snooping thru the offices? Who is Tom GraY?

 

Mar. 03, 2010, 4:48PM

(Report Comment)

It doesnt matter because Judge Gray will have several opponents come 2012

 

Mar. 03, 2010, 4:36PM

(Report Comment)

Let's face it. Republicans just don't accept people with Latino last names. Lots of other Hispanic GOP officeholders lost yesterday too. Reyna, who's been a good Republican for a long time, no longer has a home in an extreme right wing party.

 

Mar. 03, 2010, 4:11PM

(Report Comment)

Coppedge sent out negative letters to all republicans and the idiots fell for it. This is his hobby do some research on him. Same way Obama got elected is the same way Scoggins got elected. Thanks alot Tom Gray

 

Mar. 03, 2010, 4:10PM

(Report Comment)

Fact of the matter why do you need Coppedge to send out negative letters regarding Judge Reyna if Scoggins is such a great guy. Scoggins will be Tom Gray's rubber stamp. Good luck to all who go before them

 

Mar. 03, 2010, 4:07PM

(Report Comment)

Coppedge is best friends with Judge Gray and Judge Scoggins. They are all hunting buddies imagine that.

 

Mar. 03, 2010, 4:06PM

(Report Comment)

People if you dont understand the law please dont comment. Coppedge is an old bitter doctor who was sued by many patients for malpractice. Why would a doctor from Longview Texas be concerned about a race in our county? research people before you judge.

 

Mar. 03, 2010, 2:46PM

(Report Comment)

Jack, Coppedge claimed to know Reyna's entire record ("upon sober reflection of Reyna's entire public record", or something to that effect), so you tell us if it's malice for him to say that Reyna "usually rules for criminal defendants" when he did so only about five percent of the time, according to this story.

 

Mar. 03, 2010, 2:08PM

(Report Comment)

So Truth Squad, there is proof that Coppedge meant actual malice by knowingly making false statements or had reckless disregard for the truth? Plus it can easily be argued that "reveal a pattern" is used to create a hyperbole. And I believe the absence of hyperbole being a big part of the opinion that case, that shouldn't apply here.

 

Mar. 03, 2010, 11:49AM

(Report Comment)

The Republicans are fighting among themselves and using dirty tricks. Good!

 

Mar. 03, 2010, 10:42AM

(Report Comment)

Jack, you don't know the law. The US Supreme Court, in the Milkovich case (1990), and the Texas Supreme Court, in the Bentley case (2002), held that an opinion, like any other statement, can be actionable in defamation if it expressly or impliedly asserts facts that can be objectively verified. Defamation and First Amendment law used to distinguish between statements of opinion and statements of fact, but the law changed in 1990. Thus, the law now does not distinguish between "In my opinion, Jack is a liar," and "Jack is a liar." The use of "in my opinion" doesn't protect anyone. You cannot avoid libel just by adding "in my opinion." You also cannot avoid liability for libel by making supposedly anonymous comments on a website like this. With a subpoena, a person can get your email and IP addresses and/or URL.

 

Mar. 03, 2010, 10:19AM

(Report Comment)

I personally do not know Felipe Reyna and can not write my actual opinion(liable for law suit). So I only have my memory of what he was like years ago when he was District Attorney, and it wasn't favorable.

 

Mar. 03, 2010, 10:11AM

(Report Comment)

When he was D.A.,he threw out a murder case and let the perp walk. The victim was a friend of mine.I'll never forgive that.

 

Mar. 03, 2010, 8:51AM

(Report Comment)

Sueing over an opinion? No wonder he lost. He doesn't know the law himself. Luckily, he can put aside his feelings to be impartial.

 

Mar. 03, 2010, 8:45AM

(Report Comment)

“The reversed cases, in my opinion, reveal a pattern of usually ruling for the defendant in criminal cases and the plaintiff in civil cases,” It is a statement of opinion not fact. He even says so in the quote. I guess Judge Reyna missed the 1st Admendment on everyone having the right to their opinion. No wonder he gets overruled. Reyna can't even figure out the 1st Admendment he, then he shouldn't be dedicing it for the state.

 

Mar. 03, 2010, 8:44AM

(Report Comment)

A good man would pick himself up dust himself off and get back to work. A lawyer sues...

 

Mar. 03, 2010, 8:42AM

(Report Comment)

I'm delighted to see this case pursued. In fact, one of its kind is long overdue and more should be filed. "Public figure" status should not allow anyone a sheltered right to intentionally defame and abase another. Such exemption is a primary reason that our politics has become something of a cesspool where deceit and prevarication are allowed without penalty of any form. My comments are not directed strictly or specifically at the Reyna case but rather apply to the broad spectrum of political activity. Free speech, even political in nature, should not exempt a person from being held responsible for the accuracy of that speech nor the damages arising from inaccurate commentary, particularly when it is intentionally offered. It is for a court to determine the facts in the Reyna case. It is for American citizens to clean up our political arena and the fruit it bears.

 

Mar. 03, 2010, 8:29AM

(Report Comment)

Only thing positive from yesterday's joke of a Texas repub primary is that they got rid of this looney tune. Judges are to be seen and not heard, this Reyna clown is not judge material.

 

Mar. 03, 2010, 7:41AM

(Report Comment)

If Justice can still flow down like waters (even with years of Republican gaming of the judicial system--in terms of limiting access of citizens to the courts, in terms of limiting accountability for personal mis-deeds, and in terms of putting Republican ideologues in place as judges)-- then folks who slander a good man like Judge Felipe Reyna will be made to pay personally. Citzens of Waco (in particular those who follow Republican talking points) should be ashamed. If only for being stupid enough to let political loci of authority migrate from the community. Dumb--D.U.M.-type-dumb

 

Mar. 03, 2010, 5:14AM

(Report Comment)

Waco has been blessed to have Felipe Reyna serve us. A fair and honest man, Judge Reyna has consistently shown his integrity, good judgement and character in every decision he has handed down. Waco is losing a fine judge.

 

Mar. 03, 2010, 1:43AM

(Report Comment)

Is Judge Reyna whining?.... Waco needs a makeover in the justice system, city council, and everything in between.

 





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