"The right to be left alone – the most comprehensive of rights and the right most valued by a free people."
- Justice Louis Brandeis, Olmstead v. U.S. (1928)
I was born in Bridgeport in 1962 which makes me a native Wise Countian. I graduated from the University of North Texas in 1983 with honors and with a degree in Business Computer Information Systems. Afterwards, I received my law degree from the Baylor University School of Law in 1986 where I again graduated with honors and served on the Law Review. (I wasn't necessarily the smartest guy in the class, but I might have worked harder than most of them.) After law school, I worked for Vial, Hamilton, Koch & Knox in downtown Dallas and then with Camp, Jones, Hall & Bates in downtown Fort Worth where I specialized in fighting against personal injury lawsuits. In 1990, I became dissatisfied with the limited courtroom experience that the large law firms had to offer and, in a leap of faith, joined the Tarrant County District Attorney's Office where I prosecuted juvenile, misdemeanor, and felony offenses. In 1992 and at the age of 30, I was elected as the District Attorney for the 271st Judicial District which includes Jack and Wise Counties. After being re-elected and serving a second term (and after trying more cases in the Wise County courthouse than I ever dreamed of), I decided to return to private practice in 2001. I teamed up with my good friend and former Wise County DA, Brock Smith, until 2013. In March of that year, I opened up the law firm of The Law Office Of Barry Green.
In 2002, the Texas Board of Legal Specialization found that I had the required experience and background to sit for a six hour examination in criminal law. I passed the examination on my first attempt (I sat at a table on what is center court at the Frank Erwin Center at UT) and now bear the distinction of being Board Certified In Criminal Law. I am currently the only criminal defense lawyer with his principal office in Wise County holding that specialization.
My exclusive focus is on criminal defense with a particular interest in DWI defense. I practice no other type of law and never visit (professionaly) a courthouse outside of Wise County. Since leaving the DA's office in 2001, I have defended over 1,140 DWI cases (as of June of 2015). A summary of some recent jury trial verdicts is located here. A complete list of the dispositions of almost every case handled over the last few years is here. Every case and every trial has involved me and me alone -- I have never had a second lawyer sit at the table to assist me. For lawyers, I have painstakingly created a contiuously updated web page that may be the most comprehensive list of cases in the state of Texas that have been reversed on appeal.
I am especially proud of a defending a DWI case in 2010 which began when my client was arrested for passing a car on the shoulder of a highway at a railroad crossing in Boyd, Texas. Believing that the driving was not illegal and should not have been used as justication by the police officer for stopping his client, I filed a Motion to Suppress the use of all evidence gathered as a result of the stop. If granted, the DWI case would have to be dismissed. However, the trial judge overruled the Motion. Not to be deterred, I then appealed the case to the Fort Worth Court of Appeals in Fort Worth but was, once again, handed another setback when the court affirmed the trial court's ruling. Still believing I was correct, I asked the highest criminal court in Texas to hear the case. Although the court did not have to consider it, it issued an order doing exactly just that. I then wrote a brief and traveled to Austin and argued before the nine judges of the Texas Court of Criminal Appeals. In less than two months, the court issued an opinion holding that the Motion to Suppress should have been granted and that the traffic stop of my client was illegal. The opinion, Lothrop v. State, 372 S.W.3d 187 (Tex.Crim.App.2012) , led to the dismissal of the case. The fight took two and one-half years.
Shortly after that case was resolved, another case took a similiar route. I had a DWI client who was charged with DWI-Second Offense, and I was able to resolve the case with a plea bargain for probation. Less than ten days after the plea, he was unfortunately arrested on a new DWI offense in Tarrant County. This was a problem because not only could the new offense cause his probation to be revoked, but the new case could be filed as a felony in Tarrant County. That is, if the Wise County DWI-Second case had become "final" at the time of the alleged new offense. Knowing that a Motion for New Trial can be filed within thirty days, I did so. I then argued that the filing of that Motion prevented the terms and condition of probation from taking effect; therefore, his probation could not be revoked. The trial court disagreed and ordered my client to jail for almost a year. I appealed the case and bonded the defendant out of jail. At the Fort Worth Court of Appeals, I lost. Once again, not to be deterred, I appealed the case to the Texas Court of Criminal Appeal which agreed with my arguments in a 9-0 decision. Not only did my client not have to serve jail time, but his new Tarrant County case could not be pursued as a felony. One lawyer, who I do not know and have never talked to, referred to me as using a "Motion For New Like As A Surgeon."
In a later case drug case, the Fort Worth Court of Appeal described my persistence as "undaunted" before dismissing an appeal by the State against my client.
Finally, I may be most honored to have represented a long time Wise County resident in 2014. The official court reporter for the district court for thirty years was arrested on a felony offense. Of all the lawyers he had seen in court over the years, he contacted me for representation. I was able to resolve the case with a probation that did not result in a conviction.
I've been the President of the Wise County Bar Association for over a decade (but, in all honesty, we basically exist in name only and rarely have a meeting. I hate needless meetings.) I'm as a former member of the board of directors for the First Financial Bank - Southlake and have also earned a certification in computer programming from Microsoft. For irreverent fun, I've been an Internet author having been quoted or mentioned in The Fort Worth Star Telegram, the Austin American Statesman, the Wise County Messenger, the Arlington Morning News and the Texas Prosecutor. I care about my work, but I have a sense of humor. I have to. I'm married with two children - both girls. They may drive me crazy before all is said and done.