Today, Western District of Texas Chief Judge Fred Biery (pictured) gives the public an extraordinary look at what it's like to preside over a case that inflames passion.
Schultz v. Medina Valley Independent School District certainly has sparked controversy. As the San Antonio Express-News has reported, it’s the school prayer case that Republican presidential candidate Newt Gingrich has referred to in several stump speeches, calling for Biery's job to be eliminated because of the judge's previous rulings. “We need to reset the judiciary, explain to them the limits of the American Constitution and prove to them that judges appointed for life cannot be dictators and they cannot threaten our children with jail for saying the word ‘prayer,' ” Gingrich said, according to the Express-News.
In a Feb. 9 opinion and order announcing the Jan. 9 settlement of Schultz, Biery noted that the parties had reached an agreement, writing, "All things work together for good," referring to Romans 8:28.
And at the end of the opinion and order, the judge included a "Personal Statement” that reads:
"During the course of this litigation, many have played a part:
To the United States Marshal Service and local police who have provided heightened security: Thank you.
To those Christians who have venomously and vomitously cursed the Court family and threatened bodily harm and assassination: In His name, I forgive you.
To those who have prayed for my death: Your prayers will someday be answered, as inevitability trumps probability.
To those in executive and legislative branches of government who have demagogued this case for their own political goals: You should be ashamed of yourselves.
To the lawyers who have advocated professionally and respectfully for their clients respective positions: Bless you."
Amen.
-- John Council




Well I am not a fan of judge biery... He has tripped my child of his father and is still denying his right after 10 years. You all can " right on to him all u want because no man of God will continue to deny another man the right to another chance to be with his father! Judge me if you want. U would have had to be there in court to see he already had his mind made up he was taking my sons father away. I'm glad you get to spend time with your kid and support he/she in positive extra curricular activities. Because my 10 year old don't have. Your life is threaten because It's time for u to look at yourself in the mirror. You are not a perfect man. Your mistakes just haven't caught up with u yet. Your day of judgement will come and I pray the Lord have Mercy on you even though you showed no mercy toward my husband and our 10 year old son. I'm glad u can go home to your wife and be with your family. I am left alone to rear my child by myself. I glad you can get the things you and your family needs while we struggle to eat. Thanks for your inconsiderable heart! Do I blame u? No I blame the one you serve and it is not the God Almighty for he shows mercy all the time. Love a torn mother of two blessings!
Posted by: Jewel | February 19, 2012 at 01:02 PM
Umm, Karen... I may not agree with Mr. Freyer's position, but it may be YOU who demonstrates your ignorance (for throwing around insults without cause). He wasn't referring to a party appeal to a higher court... he was referring to an appeal by the judge to THE HIGHEST 'court.' Hope that helps.
Posted by: Matt | February 16, 2012 at 03:52 PM
Brother Freyer et al., yes, that's what the judge said. I trust you also understand that the Lord also is watching those that have threatened the judge's life or have wished ill on him and his family. They too will be called to account one day. After all, the Bible admonishes us to, "Judge not, that ye not be judged."
Posted by: Duane Moore | February 10, 2012 at 09:38 AM
Here's an email Biery sent to me and others. If you want to see petty, check out the error in Appendix II, Page 4, Paragraph 2. Biery had "neutralize" typed "newtralized" on the taxpayers' time and dime!
It is finished.
Opinion and Order of the Court concerning the settlement of this case
is attached.
The complete Settlement Agreement (Appendix I) and historical
observations of the Court (Appendix II) may be found at the Court's website
http://www.txwd.uscourts.gov/opinions/cases/schultz/default.asp.
Anyone who finds the "typo" in Appendix II wins the prize in the
Cracker Jacks box.
Fred Biery
Chief United States District Judge
(See attached file: Schultz v. Medina Valley - Opinion and Order re
Settlement.pdf)
Schultz v. Medina Valley - Opinion and Order re Settlement.pdf Schultz v. Medina Valley - Opinion and Order re Settlement.pdf
41K View Download
Posted by: Valerie | February 10, 2012 at 09:14 AM
I'm sorry, I misspoke, I meant Mr. Freyer.
Posted by: Karen | February 10, 2012 at 07:31 AM
Mr. Brewer,
You demonstrate your ignorance. There is a settlement, therefore there will be no appeal.
Posted by: Karen | February 10, 2012 at 07:31 AM
The actual verse is that all things work together for good to those who love God, to them who are called according to His purpose. Does that fit what this Judge is doing? Be careful about twisting the Word, Judge; the Lord is watching and listening, and you may not win on appeal.
Posted by: Jim Freyer | February 10, 2012 at 06:58 AM
The complete Settlement Agreement (Appendix I) and historical
observations of the Court (Appendix II) may be found at the Court's website
http://www.txwd.uscourts.gov/opinions/cases/schultz/default.asp.
The court sets out a handbook for compliance with the First Amendment that may become a model for other school districts throughout the nation.
Posted by: Stuart Jasper | February 10, 2012 at 06:23 AM
hmm i have heard of this now i know its true thanks for this information
Posted by: business process outsourcing | February 10, 2012 at 01:52 AM
Right on, Judge Biery.
Posted by: Chris Gilbert | February 09, 2012 at 07:39 PM
Bravo!
Posted by: Chip Orr | February 09, 2012 at 02:22 PM