
After working in the court system for 30 years,I can say, Judge Morgan was one of my very favorite visiting judges.  He always treated our litigants fairly and with great respect. My staff and I always enjoyed his visits.  The main reason Judge Morgan loved to work in Lee County was not the litigants, but the great chicken fried steak he loved so much.  On one occasion he even brought Ms. Mary just so she could see how "special" it really was.  I am very sad to hear of his passing.  Mary, you and your family have my deepest sympathy.  Adeline Melcher, Lee County District Clerk, Retired



As the bailiff of the 331st District Court of Travis County for the last twenty three years, I always loved working and spending time with the Judge. Never a dull moment. I will miss him always.



Some of the better times as a lawyer (and now as a judge) are sitting in someone's chambers visiting with a person who is bright, full of life, and who has a good story or two to tell. I was blessed to have a few of those occasions with Judge Morgan. It was a real pleasure to visit with and learn from someone who had lived life, seen and experienced more than a few interesting things, and accumulated a lot of wisdom along the way. Our profession is poorer by the Judge's passing, and Texas has lost a fine man. God's blessings to the family.



When I was an ignorant and very prickly young man, Judge Morgan and his beloved Sweet Mary welcomed me often into their warm and gracious home in Texas City.  Even though I am sure I looked like a pretty bad influence on their son, they fed me, employed me, and helped me form some more mature ideas about politics, race, labor, and genteel conversation. Judge Morgan took me hunting,taught me the value of good scotch, and helped shake loose some of my small minded and biggotted ideas.  My thoughts are with you, Sarah, Anne, Tom, and Mrs.Morgan in your loss.



Dear Mary and family:    I did not stay long past the memorial service, but did want to express my condolences for a man and a lawyer who led a life well lived.    It was my great fortune to meet and work with the judge, even if, in his words, I was just a "guv'mint lawyer" as he put it.  I had the great fortune to share his antedotes and learn from him, and the greater fortune to have him accompany me to trial during a difficult case.  I was also blessed to watch him in trial.  To this day, he remains in my memory as one of the handful of lawyers who could pick up a file and try it, and try it well, just walking into the courthouse.    I remember well his love of the law, of language, and especially of Mary.  He was opiniated, irrascible at times, but always a gentleman.  I will miss him dearly.    God bless you and yours.  He was a great man, a great counselor, and a great character.



Dear Morgan Family,    We are so sorry to hear of Don's death.  We don't ever drive past your home without thinking of all of you.  We still miss you.  We were laughing about all Sarah had to put up with when she babysat the children.  Your family is so special to ours.  Please know we will keep you in our prayers.  We love all of you,  Charlie, Cindy and Family



I had the privilege of having Don Morgan as a next door neighbor when I was a kid. He had moved into the house that was previously owned by another fine Texas attorney, James P. Simpson.         Don and his family resided in our middle income neigborhood for only a short time. He was soon on his way to bigger and better things. We missed them as neighbors.         Many years later, after I had grown and started a family, I once again had the honor to visit with Don. My daugher, Jennifer, was in elementary school participating in a spelling bee. Mary was one of Jennifer's teachers. She and Don came to the finals. Jennifer lost on a technicality. I smile as I write, because I remember Don getting riled and wanted to protest the decision.         Today, Jennifer is an attorney in Houston. I only hope as she makes her way through her law career that she can find a love for the game as the Honorable Don B. Morgan did.     Texas lost a fine attorney and judge. My thoughts and prayers are with his family.



Mary--Our son, Michael Henry, informed us of Don's death. We are so sorry to hear of Don's passing.  Please accept our deepest sympathies and our prayers for Don, you, and your whole family. I know that Bruce is close to all of you, and will miss Don. God Bless.



Don Morgan was a Galveston County district judge when I first went to work for the Houston Chronicle in Galveston in 1981.  He was a prince.  He treated people well and fairly.  When the Chronicle sued him over access to hearings in the Autumn Hills nursing home case, he took it all in stride.  I was with Don in San Antonio during that trial and it was a great experience.  I always regretted him leaving Galveston County and will think of him fondly.



SAN ANTONIO - I have made a career of covering some of the nation's major murder trials, and have even written a few books about some of the cases. I have seen most of Texas' top criminals work their magic before judge and jury. When I got into this business, I was taught how the elite of the defense bar think, and I was taught by members of the elite - given an inside look at their craft. More importantly, I was given a behind the scenes seat at the table of the longest, and maybe still, the most expensive murder trial in the state's history.    My oldest and closest friend, the late federal Judge Stephen Reasoner once observed to me that "The law is a closed profession. You will never penetrate it." Boy did I surprise him.    I had wanted to write a book for some time. My friend Ronnie Duggar, founder of the Texas Observer, even brought me to the attention of his New York agent. But it was on the suggestion of Texas Monthly's Dick Reavis that I called the magazine's upstart book publishing division and two weeks later found myself in the Alamo City covering the Autumn Hills Nursing Home Case.    I was in over my head. I didn't know come here from sic 'em about the case, and had produced a 14 page outline to sell the book that would become Death Without Dignity only after spending a Sunday afternoon drinking beer and talking about it with the now defunct Houston Post's Steve Olafson, and the Houston Chronicle's Kevin Moran, plus reading a good magazine overview piece by my pal Michael Berryhill in the now defunct Houston City Magazine.    So there I was, sitting in San Antonio watching an interminable voir dire and wondering how in the hell I was going to make a book about old people exciting, much less readable.    I've always had a talent for deals, and just making ends meet on the meager $10,000 advance I was paid was going to be a challenge, even in 1985 when the book was done. Everybody knew the trial would last forever. Yet I had a book contract. That alone was far beyond my most lofty ambitions or expectations. What's more, I talked the owners of San Antonio's elegant and historic Menger Hotel into letting me have a room for $30 a night for the duration of the trial. At least I would be living well.    The case had been moved to San Antonio from Galveston County by Judge Don B. Morgan. On trial for murder were six of the nursing home chain's owners and executives, and the corporation itself.    The Menger sits right next door to the Alamo and has since memories of the battle were only 23 years old. The building is built on the foundations of an 1859 brewery. Alcohol has always been a part of the venerable old Texas landmark. It is said more cattle deals were struck in its bar than in anyplace in the state. The watering hole is also the spot (probably one of many) where Teddy Roosevelt recruited the Rough Riders. And it was here that I got to know one of the most colorful men ever to serve as a Texas judge.    I had known Morgan for about ten years covering Galveston County politics (rich fodder for any journalist). A lifelong liberal Democrat who grew up in the shadow of the state capitol in Austin, he was an unparalleled raconteur, gourmet, reader, egomaniac, and as fun a companion as any man could have. After completing the University of Texas Law School with a proud "C" average, he went into private practice, eventually landing in the coastal tank town of Texas City representing blue collar workers in personal injury and workman's comp cases.    Morgan would quip, "I passed the bar with a 75, the lowest passing grade. I'm a good lawyer. I didn't give the bastards an iota more than I had to."    He had a lifelong affinity for the little man. The well heeled and well coiffed owners and managers of the nursing home chain wouldn't be going before a tougher arbiter than the judge who would preside over their case.    Morgan also liked to drink.    So did I at the time.    So did most of the defense team, as well most of the press contingent who would endure covering the trial for seven months.    So it was at the "Roosevelt Bar" on a rainy fall evening that Don Morgan (who always introduced me as the "Book Writer") gave me privileges in his court that I have never seen another journalist receive either before or since.    So that I was able to tell the complete story, a state district judge told me that I would be allowed into chambers during even the most sensitive discussions out of the presence of the jury.    Morgan knew that I was not filing daily. We had an unspoken pact that I would not reveal to other members of the press what I heard during the in camera conferences. Equally important, Morgan made me his constant companion at dinner each evening where we would discuss the intricacies of the trial playing out before him. I was told his innermost thoughts - some of which would have chilled the defendants.    Yet the judge kept an even hand. Before him were some of the most skilled trial lawyers Texas had ever produced. Roy Minton and his partner Charles Burton are two Austin legends who made a career defending high profile clients against the state capital's rambunctious District Attorney, Ronnie Earle (think Tom DeLay). Joined at the defense table was the Fulbright and Jaworski team of famed medical malpractice attorney Tom Sartwelle and his co-counsel, Gail Friend. The corporation was also represented by local counsel, a San Antonio legend in his own right, Roy Barerra Sr. Rounding out the team was Mike Ramsey who would become world famous for his successful co-defense with Dick DeGuerin of New York billionaire Robert Durst, and his unsuccessful defense of the late Enron Chairman Ken Lay.    Appearing for the prosecution was a rookie lawyer named David Marks (now a successful Houston PI lawyer), Galveston County DA Mike Guarino, and a former state appellate judge named Jim Vollers. Much of the state's investigation had been bankrolled by then Attorney General Jim Mattox, and in fact Marks and the former judge were both on the AG's payroll.    Marks had spent virtually his entire career on the case. The "baby lawyer" had discovered it in an old file in the Galveston Country District Attorney's office as a Medicare fraud action. The case would eventually grow to the point that Autumn Hills was suspected in the alleged deaths by abuse and neglect of more than 200 frail and helpless nursing home patients. It would go through indictments by three separate grand juries before going to trial.    Marks came to be viewed as a zealot by much of the public and some of the press. Yet the case he presented was compelling, and most importantly, Galveston's new DA, Guarino, bought into it.    And so when testimony began, it wasn't long before Morgan adjourned to chambers to talk about points of law with the army of lawyers before him. I followed them in.    "What's he doing in here?" one of the uppity lawyers presumptuously asked the judge.    "He's in here because I say he is in here," Morgan responded, leaving no room for sass. "He's writing a book on the case."    And that was that. The lawyers now knew who I was and what I was doing there. Earlier the defense had their investigator check me out after I told them I was doing a book for Texas Monthly Press. I didn't check out for them because no by-line check had turned up my name since I wasn't a TM staff writer.    Over drinks in the Menger the judge had given me his candid assessment of each of the lawyers involved in the case, their strengths, weaknesses, foibles, and his own personal opinion of them.    At the bottom of the heap was Sartwelle.    "He's a prick," he told me.    Well, prick that he may have been, Tom Sartwelle is the kind of prick you want in your corner if you suddenly find yourself sitting in the middle of a legal cesspool. He is passionate and relentless in defense of his clients. He, and lawyers like him, are the reason the term advocate was coined. Sartwelle can find a defense in even the most sordid medical malpractice.    But Morgan couldn't stand the lawyer, and it was evident from watching him on the bench. The Fulbright solon was constantly chided by a judge who could hardly mask his disdain.    And as much as he disliked Sartwelle, Morgan adored Roy Minton. The Austin lawyer had made a name for himself defending the powerful, and Morgan betrayed his plebian roots when he quietly admired those with fame, money, and power.    Morgan also loved the perks that come with being a state district judge. Honest to a fault, he was still irresistible bait to the highly paid lawyers who did their best to influence him. We dined in the finest restaurants San Antonio had to offer, the defense, the judge, and the journalist. I was able to watch the delicate balancing act performed by the players as the lawyers attempted to curry favor with the judge as we all ate at their client's expense. I learned the loose (not the legal) definition of the term ex parte.    All the while I was taking notes. After each session in the courtroom, in chambers, in the bar, or at a restaurant, I would go back to the hotel room and write down my memories.    Three months into the trial I knew I could speak candidly with the judge, knew I could suggest damned near anything to him. We had become good friends. I suggested we set up a dinner with Sartwelle.    I made the same suggestion to the lawyer, who felt some trepidation at breaking bread with the judge he knew hated him, yet knew he must win over.    Morgan agreed to a dinner with Sartwelle.    We met, ate, drank, and then drank some more. By the end of the evening, Morgan looked at the startled lawyer and said, "You know, you're alright."    Sartwelle quipped, "I've been trying to get that over to you, Judge."    The ice had been broken.    At another dinner, Minton told the judge that he was working on three jurors, using all of his considerable charm to win just those three over. He was making eye contact with them as he sat at the defense table. When he questioned a witness, he would turn and pose his query while looking at the juror rather than looking at the witness. One, a retired Army enlisted man, he believed, would hang the jury. In fact he did just that, along with the two others Minton had identified as susceptible.. It was cynical lawyering at its very best.    As the trial neared its end, Morgan began to become familiar with the small corps of media who had followed his every move for seven months. The late Jimmy Woods of the Houston Post began joining the two of us for dinner. Finally, we all gathered in the Roosevelt Bar for drinks with the judge. It was one of those wonderful off the record evenings when newsmaker and media are able to be themselves in a relaxed atmosphere. In fact, it was so relaxed that we all made bets on the outcome of the trial, and the judge held the funds. When he put his bet down, he made a call for conviction. I bet that the jury would hang.    When the jury went out I was in chambers with Morgan and the defense team. The state's lawyers skulked off to their own spot. They had been standoffish throughout the trial.    At last, a note from the jury came in. It was nothing and the judge sent a note back telling the twelve as much. I needed to pee. When I opened the door of the hallway leading from the judge's chambers to the courtroom, cameras flashed, video rolled, and my colleagues with the print media raised their Reporter's Notebooks to take notes.    "What can you tell us Steve?" they asked.    "Nothing," I replied. "Morgan will have me for contempt if I even breathe."    But under my arm was my notebook. In an exaggerated motion, I put it on top of a nearby cigarette machine as I sauntered toward the men's room.    Not a single journalist took advantage of my subtle offer and picked up the notebook. Idiots, I thought to myself.    The Autumn Hills jury hung after six days. Minton and Sartwelle had worked their magic. Two hours after walking out of the Bexar County Courthouse the defendants threw a big victory party at the Cadillac Bar, a trendy Mexican restaurant near where they had stood trial. The spread was lavish and the tequila flowed freely.    As I stood with Morgan looking at the former defendants and their happy lawyers I asked the judge for his post mortem on the trial he had just witnessed He looked at me with a "Haven't I taught you anything?" look and then smiled.    "Talent whips truth every time," he said in admiration of the defense team.    They had been paid $2 million.    Godspeed Don.



We loved Don, his wit, his humor, his honesty and the desire to share them all.  We will miss him but our many fond memories of him will live on.  Kent and Betty.



Mary and family ~ "Grace be to you and peace from God our Father, and from the Lord Jesus Christ. Blessed be God, even the Father of our Lord Jesus Christ, the Father of mercies, and the God of all comfort; who comforteth us in all our tribulation, that we may be able to comfort them which are in any trouble, by the comfort wherewith we ourselves are comforted of God." 2 Cor. 1:2-4 ~ You are each one in my thoughts and prayers as you go through the days ahead confident that God will do just what He said He would do and bring peace and comfort to your hearts. Love, Mary Elizabeth



he had such a love of life and family and we will miss him but we have so many wonderful memories with the family at the cabin.



Judge Don Morgan was a great friend and a hero to our family. He will be greatly missed. Just tell me where you would like to plant a tree in his honor for the Morgan family. I am planting an Oak at my home and plan a memorial garden for Don at Beacon Hill in Hays County. Chris and Diane at It's About Thyme. Please call or send an e-mail. When we plant the tree at Beacon Hill, we would like the Morgan family to attend. I'm so sorry. What a great man.



Over the course of my 34 years as a court reporter (mostly in the 306th District Court) I had many occasions to work for Judge Morgan when he was a lawyer and while he presided on the bench.  He was very dedicated to his career and was a very strict but fair judge.  It was good to see him again at the dedication of the new Criminal Justice Center in April, 2006.  He will be missed by many and I offer my sincere condolences to his family.  Jan Boening, retired court reporter, Galveston, TX



Our sincere sympathy to you and your family.  Don was a close friend during his tenure in Galveston.  He was always welcome in our coffee room and we all considered him a strong supporter of Law Enforcemdent.    Joe Max & Anita Taylor



Dear Mary, Ann, Sarah and Tom,    May God comfort you and sustain you.  I shall always remember the Judge as my mentor and as a real champion for what is right.  He spoke with eloquence and compassion and never failed to give excellent counsel.   His wit and humor always lifted the rest of us mortals.  When we join him he will be waiting for us to give us a hug and a jolly greeting.    I can see him now, sans the black robe, wearing a carpenter's apron with hammer in hand down in Prairie Lea building the cabin he loved, telling us a joke with a sparkle in this eyes - eyes that saw farther than ours and eyes that shed real tears for those who suffer oppression. How I wish I had spent more time with him during the past year.  Forgive me for not being with you at the memorial service.  But I am there in my heart. I revere his memory.    With affection and warmth,    Bill Williams



Mary:  My thoughts and prayers are with you, and Anne, Sarah and Thomas.



Dear Mary and family, There are many great memories of Don.  He was so cheerful and always seemed to be enjoying life to the fullest. He will be sadly missed by many. Hold those memories of the good times close.  Harriett



My thoughts and prayers are with the Morgan family.



Judge Morgan was widely read, hilarious, curious, eager to converse with thoughtful people of every stripe, and without any use for posers, pedants, bullies and boors. He was a truly great trial lawyer and a fearless judge and made the law his life for all the right reasons. I know I speak for dozens of young lawyers lucky enough to learn our craft under his guidance at the OAG when I say:  I miss him already.     His spirit and wonderful family are in our thoughts and prayers.    Paul Schorn  Lockhart, TX



To the Family of Judge Morgan:  It was an honor knowing and working with Judge Morgan through the 40 years of my law practice in Texas City and Santa Fe.  He was a good man.  Ellis J. Ortego    Also, I send condolences from Carlton Getty, an attorney in Galveston County who worked with Judge Morgan.



Dear Anne, Sarah, and Kate and the other members of Judge Morgan's family:    I hold you in my prayers as you grieve the loss of your father, the family patriarch, and respected jurist.  Knowing Anne and Sarah, I have some inkling of the talent, goodness, and intelligence of their father. I honor Judge Morgan and his legacy.



I was sad when I saw Don's picture in the paper.  I knew him in Wichita Falls back in the late '40's. Don lived in an area called Wichita Gardens.  My family would go the their community club house to square dances.  I have a twin sister.  We met Don and his friend Bobby Carter there.  At the age we were, we just called them our boy friends. Don and Bobby would come over to our house on Don's motor scooter.  I was one year ahead of him in school.  After I graduated from high school, I had no knowledge of where Don was or what he did.  What a hugh list of achievements he accomplished. My sister's name is Janice Rutledge Goudeau



A man who was a great listener, possessing insight and humor. I wish I had met him earlier in life.



Don was my friend, colleague and classmate, one I worked with and highly respected. His help in the counties of Comal, Hays and Caldwell after his retirement was most appreciated. He had a reputation of always being in control of his courtroom and was a stern Judge when the need would arise. He always treated all before him with utmost respect. Texas has lost a fine public servant, I have lost a good friend.



I served as Judge Morgan's Court Clerk in Galveston and worked with his daughter Anne in the District Clerks office.    Judge Morgan was always my favorite Judge. He was a kind, caring, compassionate person and Judge.    I was very sad to hear of his passing.    God bless you,  Charlotte Dillon



Regret to learn of this event. I last visited with Don at Jim Brady's memorial service and planned to see Don when in Austin; but, never did. I say goodbye to a good friend.



Like many of us who worked with Judge Morgan in the Transportation Division, I was often the recipient of Judge Morgan's wise counsel on many topics. I especially enjoyed playing golf with him and hearing his thoughts and comments on world events. My most favorite memory however, was when the Judge and I were playing 9 holes of golf after work at Hancock Golf course. After I hit a ball into the trees along the creek, a young college student and his dog came charging out of the trees taking exception to where I hit my ball. The Judge gallantly took out his 3 iron and took a defensive position. The young man thought better of his words and sudden attack and left us alone.


AVIS DE DÉCÈS

The Honorable Don B. Morgan

30 décembre 1935 – 6 novembre 2007

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