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Tuesday, July 29, 1997

Faculty association sues state, Texas A&M over expert witness policy

By PEGGY FIKAC Associated Press Writer

AUSTIN (AP) - Policies to prevent state-paid university professors from testifying against the state as expert witnesses were put on hold Monday by a federal judge.

A temporary restraining order was granted by U.S. District Judge James Nowlin of Austin in a lawsuit by the Texas Faculty Association and Robert Hoover, a marketing professor at Texas A&M University in Corpus Christi.

Hoover wanted to serve as an expert witness on behalf of tobacco companies that are being sued by the state.

According to Hoover's lawyer, R. James George Jr., Hoover's plans initially were approved by his department head and dean. Approval was withdrawn, George said, after the state attorney general contacted the university.

Texas A&M University System policy allows outside employment if it doesn't bring an employee into conflict with the interests of the state.

A provision in the state budget due to take effect Sept. 1 also prohibits payment of salary and benefits to any state government employee who serves as an expert witness or consultant in a lawsuit against the state.

A hearing in the professor's lawsuit, which was filed against Attorney General Dan Morales and Texas A&M Chancellor Barry Thompson, is scheduled for Aug. 4.

"Our clients can go forth and do what they need to do without being fired between now and the time we have a hearing, at least," George said.

The Texas Faculty Association said the policies undermine basic rights.

"They clearly violate the right of free speech, the right of association, and the academic freedom of any faculty member who wishes to consult or serve as an expert witness in litigation against the state of Texas or any of its subdivisions," said Charles Zucker, the group's executive director.

Hoover declined to comment, referring questions to George.

State lawmakers defended the provision in the state budget, saying it's in line with what private employers expect of workers.

"It's good public policy," said Rep. Pete Gallego, D-Alpine, who sponsored the provision. "I think if you're getting a state salary, then you play by the state rules, just the way you do in private industry.

"You're either working for us, or you're not. If you're working for us, your loyalty should be to the state. If you're working for the taxpayers, your loyalty should be to the taxpayers."

Gallego said the budget provision wouldn't cover the tobacco lawsuit instigated by Morales because it applies to litigation filed against the state.

House Appropriations Committee Chairman Robert Junell, D-San Angelo, said the provision isn't intended to apply to people called as witnesses because they are directly involved in, for example, a malpractice case.

"This is purely people trying to act as mercenaries and selling their expert testimony to whoever will pay for it," he said.

Texas A&M University System spokeswoman Terri Parker said Hoover's plans to testify for the tobacco companies weren't consistent with the university's ethics policy.

"There are a lot of things you can do obviously in outside employment ...but in our opinion, this particular situation does bring the employee into conflict with the interests of the state of Texas," Ms. Parker said.

The association alleges in court documents that Morales "has targeted many academics in an effort to dislodge them from litigation against the state of Texas."

Morales spokesman Ron Dusek said his office hadn't seen the lawsuit.

"We of course will have to defend Texas A&M and the state Legislature's efforts," he said. "We'll respond to it in court."Send a Letter to the Editor about This Story | Start or Join A Discussion about This Story
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