Northeast city Rep. Melina Castro apparently is pursuing her case against City Attorney Charlie McNabb. Doris Sipes, one of Castro’s attorneys of record at the time, filed a notice of appeal March 8. John Mobbs replaced Sipes and Luther Jones as Castro’s attorney of record on June 25.

“Board Certified appellate specialist John Mobbs is handling Representative Castro's appeal. We are modestly confident of a reversal as we believe Judge Caldwell's decision is not a proper application of current Texas law,” Jones stated in an email message to Newspaper Tree. Mobbs was not immediately available for comment.

Following the notice of appeal, the parties were ordered to mediation March 27. The mediation took place May 17 and was unsuccessful, said Jeff Ray, who is representing the city and had amassed a bill of more than $40,000 as of last fall.

The Reporter’s Record, the complete case files, including pleadings affidavits, motions, orders and transcripts, must be sent to the Court of Appeals by July 7, said Ray. The first brief in support of the appeal is due Aug. 7, he said.

Castro sued the city to secure access to documents related to the settlement with Rita Rodriguez, the former City Attorney under Mayor Ray Caballero. Joe Wardy, who defeated Caballero in 2003, asked Rodriguez to resign shortly after he took office. Rodriguez sued, alleging discrimination. [rodriguez settlement]

Castro raised questions about the settlement, and McNabb’s role in it, in what some City Council representatives called a coordinated political attack. [november 2005 npt article]

In the end, a court ruled that Castro had no reason to sue the city for documents that as a city representative she could look at whenever she desired. The court also ruled that the documents were confidential city property, so Castro could not copy the documents and take possession of the copies; nor could she bring in a lawyer to help her evaluate the documents. [background]

Castro could not immediately be reached for comment. She has in the past declined to discuss the issue, and has referred comment to her lawyers.