PRACTICE DESCRIPTION

Mr. Stutes' practice is focused upon providing a wide variety of counseling and litigation-related services to municipal clients. He has experience in lawsuits regarding constitutional challenges to ordinances, environmental matters, land use issues, code enforcement, utility and franchise matters, municipal bonds, bankruptcy, federal grants, and annexation. Mr. Stutes has tried lawsuits involving these issues in both state and federal court.

Mr. Stutes also has extensive experience appearing before state administrative agencies regarding utility and environmental issues. He has successfully challenged federal administrative rulings in the United States appellate courts.

Mr. Stutes experience, both on staff with the City of Dallas and in private practice, has included counseling both staff and municipal boards, including city councils, regarding legal procedures and substantive standards. He is currently the City Attorney for the cities of Palestine and Tool, and provides legal services to several other cities.

Recently, Mr. Stutes has been instrumental in assisting the cities of Rusk and Palestine in their successful efforts to ensure the continued operation of the Texas State Railroad. Mr. Stutes drafted agreements between the cities and legislation to form the Texas State Railroad Authority, and negotiated agreements for the new authority with the Texas Parks and Wildlife Department and the new private operator of the Railroad.

Although his experience has primarily been in the representation of municipalities, Mr. Stutes also represents private entities in a wide range of commercial litigation.

PROFESSIONAL AND EDUCATIONAL BACKGROUND

Private Practice, Dallas, Texas, 2000-2003

Assistant City Attorney, City of Dallas, Texas, 1993-2000

Railroad Commission of Texas, Hearings Examiner and Assistant Director, 1985-1993

J.D., with honors, University of Texas at Austin School of Law, 1985

M. Pub. Aff., Lyndon B. Johnson School of Public Affairs, University of Texas at Austin, 1985

B.A. in Economics and Legal Studies, Rice University, Houston, Texas, 1981

LICENSED AND ADMITTED TO PRACTICE

• Fifth Circuit Court of Appeals
• U. S. District Court for the Eastern District of Texas
• U. S. District Court for the Western District of Texas
• All State Courts in Texas

AFFILIATIONS AND ACTIVITIES

• State Bar of Texas
• Smith County Bar Association, Treasurer, 2011 
• Member, Texas City Attorneys Association

SPEAKING AND WRITING

Mr. Stutes is a frequent speaker at legal seminars as well as seminars for municipal board members and staff. He has spoken on litigation topics, land use, racial profiling, bankruptcy, and municipal franchises. He has spoken before groups such as the State Bar of Texas, the Texas City Attorney s Association, the North Central Texas Council of Governments, the Federal Bar Association, and the National College of District Attorneys.

HONORS

• Member, College of the State Bar of Texas, 2005-2011
• Outstanding Service Award, Railroad Commission of Texas, 1987

PERSONAL

Born in Kilgore, Texas, Mr. Stutes grew up in East Texas and graduated from Navasota High School. He is married to Donna Gail Dozier, a Smith County native.

SPEAKING ACCOMPLISHMENTS

Eminent Domain
The State Bar of Texas – Suing and Defending Governmental Entities
Austin, Texas, July 2011

Making Public-Private Partnerships Work
Texas City Attorneys Association
South Padre Island, Texas, June 2011

Ethical Issues in Pursuing Interlocutory Appeals
The State Bar of Texas – Suing and Defending Governmental Entities
San Antonio, Texas, July 2010

Recent State Case of Interest
Texas City Attorney's Association
South Padre Island, Texas, June 2010

Practical Pointers for Seeking and Defending Injunctions
The State Bar of Texas - Suing and Defending Governmental Entities
San Antonio, Texas, July 2006

Exactions and Rough Proportionality
Texas City Attorney's Association
South Padre Island, Texas, June 2006

What a Government Lawyer Needs to Know About Bankruptcy and Defending Injunctions
National College of District Attorneys Government Civil Practice Seminar
San Diego, California, December, 2005

Sovereign Immunity
Basics of Municipal Law
Dallas, Texas, April, 2005

Client Relationships How to Practice Municipal Law
International Municipal Lawyers Association North American Local Government Lawyers Conference
San Antonio, Texas, October, 2004

Managing Outside Counsel and What a Government Lawyer Needs to Know About Bankruptcy
National College of District Attorneys Government Civil Practice Seminar
San Francisco, California, February, 2004

Sovereign Immunity in Breach of Contract Cases
Texas City Attorney's Association
San Antonio, Texas, November, 2003

What a Government Lawyer Needs to Know About Bankruptcy
National College of District Attorneys Government Civil Practice Seminar
New Orleans, Louisiana, March, 2003

What a Government Lawyer Needs to Know About Bankruptcy
National College of District Attorneys Government Civil Practice Seminar
Park City, Utah, October, 2002

What a Government Lawyer Needs to Know About Bankruptcy
Federal Bar Association National Convention
Dallas, Texas, September, 2002

Managing the Public Right of Way
Federal Bar Association Challenges Facing Local Governments
Dallas, Texas, September, 2001

Handling the Extra-Large Case
Travis County Bar Association
Administrative Law Section Hearing Examiner s Workshop
Austin, Texas, February, 1991