Published Saturday, March 08, 2008 2:52 AM
Incoming Judge Travis Bryan III will assume the 272nd District Court bench this month, replacing Rick Davis, who is stepping down to run for district attorney.
Bryan, a prominent defense attorney and the only candidate for the judgeship, was set to take office at the start of 2009. That changed, however, when Davis, the current district judge, announced that he would leave office early. Both are Republicans.
Bryan and a spokeswoman for the governor's office confirmed the news late Friday, though the governor wasn't expected to formally announce the decision until Monday.
"I'm anxious about it. It's a big change for me. I'm ending one phase of my life and going into a brand new phase," Bryan said by phone Friday. "I want to be a good judge, but the unknown is out there, so we'll see what happens."
Bryan said earlier Friday that he had been approved by the governor but was awaiting approval from state Sen. Steve Ogden, whose district includes the 272nd court. Bryan said it is considered a courtesy to forward the nomination to Ogden for his approval, though the lawmaker does retain veto power. Bryan said he was scheduled to be sworn in at 10 a.m. March 17 -- pending Ogden's endorsement.
Ogden said Friday afternoon that he planned to sign off on the appointment and would call the governor's office to do so by early next week.
"I think Travis Bryan will make a good judge," Ogden said. "I think that's what voters think, too."
On Thursday, a spokesman for Gov. Rick Perry said no formal decision had been made regarding the appointment.
In February, spokeswoman Krista Piferrer said the state had an office dedicated to vetting potential judicial appointees. Applications are reviewed, references are called and background checks are conducted for each candidate, she said.
Candidates who make it through that process then are interviewed by an appointments director, who briefs the governor on the candidates. Perry makes the final decision, Piferrer said, after taking into consideration any notes or recommendations he receives on behalf of a candidate.
"The governor, of course, looks for a person who can serve with character and integrity in whatever position he may fill," Piferrer said.
Just a little more than a week away from taking office, the longtime defense attorney whose family is the namesake for the city of Bryan said he already had changes planned for the office. Upon assuming his duties, Bryan plans to hire a new court administrator and a new secretary, he said, explaining that the two employees already have been told that they will be replaced. Bryan said he intended to keep the current bailiff and court reporter.
Bryan acknowledged that it might be hard to follow Davis, who worked quickly and was known for his ability to clear the docket.
"Particularly for the first six months or year while I'm learning all the ropes of being a judge," Bryan said. "I've been a trial lawyer for a long time now, but I've never been a judge. It's going to be a little bit of a learning curve for me."
The 272nd District Court has garnered headlines numerous times in recent years -- often not for the cases it handles. Since 2001, Davis has been at the center of several public battles between himself and the Brazos County District Attorney's Office. As a result, he became the first judge in Brazos County to receive a public reprimand from the State Board on Judicial Conduct.
Bryan has served as campaign manager for both Davis and fellow defense attorney David Barron, who last year made an unsuccessful bid to unseat 85th District Judge J.D. Langley.
Davis will remain in office until Bryan is sworn in, as required by state law, the judge said Friday. Though he will be available next week, nothing is scheduled because it is Spring Break, Davis said, explaining that he would use the time to clear out his office. He said he expected to preside over a few hearings on the morning of March 17 before formally stepping down.
"I think he's a fine man, and I think he will do a very good job," Davis said of his apparent replacement.
The outgoing district judge said he planned to resume a general law practice and had worked out an office-sharing agreement with attorney David Toups, who owns his own office building. Davis said he also planned to use the time to work on his campaign. He is seeking to oust longtime adversary Bill Turner, a Democrat, who is district attorney in Brazos County. Toups is serving as Davis' campaign treasurer.
The judge said he felt both excited and sad as he prepared to leave the bench.
"I have missed being an advocate for a long time and really enjoyed trying cases as a lawyer, but at the same time I've been greatly blessed to do the work I've done over the past seven years and have really enjoyed that as well," Davis said. "There are seasons in everybody's life. I think this is the end of a season, and I am looking forward to the next one."
Before taking over for Davis, Bryan must close the book on his own successful law practice. The process has been arduous, Bryan said, explaining that he has been preparing to close his office since November, when he stopped taking new cases.
He is meeting with all his remaining clients, filing motions to withdraw from their cases and trying to line them up with new attorneys, he said.
Bryan said his decision to leave his practice became easier after the sale of First National Bank of Bryan, which his family had owned and operated since its founding in 1862. The Bryan family announced in December 2006 that the bank was merging with Houston-based Franklin Bank Corp. in a deal worth more than $134 million.
"I just feel like the experience I've gained over 35 years of trial law is valuable and something I can give back to the community by being a judge," Bryan said.
"I am financially secure. I'm not so worried about making a lot of money anymore. It's just a time for me to donate back to the community my time, my experience and my effort."
• Holly Huffman's e-mail address is holly.huffman@theeagle.com.
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