This sad, heartfelt introduction to the Judge Alicia Franklin scandal is reprinted from the September 3, 2014 Mongoose newsletter. We understand our parents more and more as we age ourselves. "Enthusiasm" was something my father had for everything in his life: his work as a school principal, organizing his garage, caring for the yard, serving his church, taking apart and reassembling a washing machine just for the challenge, and raising four boys. My Dad loved his work, and for good reason was one year named "National Principal of the Year." When the school district would move him to yet another troubled school that needed help, the parents and teachers at his old school would protest and demand that he stay. The only time I can recall my father ever being really upset about his work that he ... Read More >
Archives for December 2014
Protest
Protest Ella Wheeler Wilcox (from Poems of Purpose, 1916) To sin by silence, when we should protest, Makes cowards out of men. The human race Has climbed on protest. Had no voice been raised Against injustice, ignorance and lust, The Inquisition yet would serve the law, And guillotines decide our least disputes. The few who dare, must speak and speak again To right the wrongs of many..... ... Read More >
The Crime of Interfering With Child Custody
The next time a police officer tells you that a parent's failure to return a child after visitation is "a civil matter," remind the cop about Penal Code Sec. 25.03, which states: Sec. 25.03. INTERFERENCE WITH CHILD CUSTODY. (a) A person commits an offense if the person takes or retains a child younger than 18 years of age: (1) when the person knows that the person's taking or retention violates the express terms of a judgment or order, including a temporary order, of a court disposing of the child's custody; (2) when the person has not been awarded custody of the child by a court of competent jurisdiction, knows that a suit for divorce or a civil suit or application for habeas corpus to dispose of the child's custody has been filed, and takes the child out of the geographic area of the counties composing the judicial district if the court is a district court or the county if the court is a statutory county court, without the permission of the court and with the intent to ... Read More >
I Make It Really Easy For Polland to Give Me His Side of the Story
Reprinted from the August 26, 2014 Mongoose newsletter. Gary Polland is a very busy man. He barely has time for his political work, all of his court appearances, home visits I am so sure he personally performs, meetings with investment bankers, etc. So, I sent Polland a fax that should make it easier for him to reply to my questions quickly and accurately, so that his side of the story can be shared with you: Mr. Polland, I know you are a very busy man and perhaps you lack the time to respond to my questions about the work you have done as an appointed attorney ad litem in CPS cases. I am therefore providing you the following answers to my questions so that you can take just a few seconds to check the appropriate responses and fax your answers back to me. I truly do want to be fair to you and deal with facts instead of rumor or supposition. I know there are almost always two sides to every story and I really want to get your side of this story and share it with my many ... Read More >
Are Pleadings Even Needed in Family Court?
At least in the counties contained within the Houston First and Fourteenth Courts of Appeals, family court judges cannot grant relief unless there are pleadings asking for that relief or unless the issue was tried by consent. A recent case provides a surprisingly broad view of what constitutes a "pleading" that can justify granting relief not explicitly mentioned in the current petition. I represented the father who won on appeal in Flowers v. Flowers, 407 S.W.3d 452 (Tex. App. - Houston [14th Dist.] 2013, no pet.) and that case holds: 1. A family court cannot grant relief unless there are pleadings asking for the relief or the issue was tried by consent. The Rules of Civil Procedure apply in family cases, even those involving children. 2. An issue is not tried by consent if it is never mentioned or discussed at trial. The Fourteenth Court of Appeals in May 2014 reaffirmed the basic notion that relief cannot be granted without pleadings requesting the relief or ... Read More >
Judge Alicia Franklin: Please Provide an Explanation!
Reprinted from August 26, 2014 Mongoose newsletter. I take a fair airing of facts about Judge Alicia Franklin and her work as an appointed CPS attorney very seriously. I played a significant role in the chain of events that resulted in Franklin becoming a judge and I genuinely like her. I have helped Franklin in ways no other lawyer could and I contributed financially to her campaign when she was running against Denise Pratt. I also know and really like the Democrat running against Franklin, Sherri Cothrun. Cothrun provided me most of the information described below, but I have done my own home work as well. I write below about facts I have verified, not partisan attacks from the opposing candidate. I now have a box of copies of every fee invoice Ms. Franklin ever submitted to the county and I have someone doing my own independent, non-political analysis of those vouchers. I really hope to announce soon that I have found a sterling example of how ad litem attorneys should do ... Read More >
Ted Cruz and the Gary Polland Scandal
It was a dark, but not a stormy night. Toni and I were up late, enjoying a Dr. Who view-a-thon, and my phone was on vibrate, so I missed the text message from Senator Ted Cruz. During commercials, I picked my phone up off the bedside table so I could Google to confirm the name of the 4th Dr. Who (Tom Baker) when the phone started vibrating. It was Ted calling. 11:41 p.m. in Houston meant it was way past Teddy's usual bed time in D.C. "Enos, you up watching some Hubert Humphrey documentary?"the Senator growled. I could hear the clink of ice in a glass and thought I heard a female giggle in the background. "Ted, it's late, I am kinda busy here,"I grumbled back. Toni paused the DVR and shot me one of her typical "I ain't putting up with late night calls from high ranking federal officials" looks. "Look, Enos, you simply gotta keep me out of this Polland mess," Senator Cruz said to me on the phone. "The fine Republicans in Iowa and New Hampshire think tax dollars should ... Read More >
Standard Mutual Injunctions Can Make Your Gun Owning Client a Federal Criminal!
Standard injunctions routinely imposed in family cases in Texas can make cause our clients to violate "The Brady Bill", 18 U.S.C.A. § 922(g), which states: "It shall be unlawful for any person-... (8) who is subject to a court order that- (A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; (B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and (C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; ... Read More >
The Crime of Tampering With a Government Record
Texas Penal Code Sec. 37.10 states in part: 37.10. TAMPERING WITH GOVERNMENTAL RECORD. (a) A person commits an offense if he: (1) knowingly makes a false entry in, or false alteration of, a governmental record; (2) makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent that it be taken as a genuine governmental record;.... Sec. 37.01(2) defines a "government record" to mean: (A) anything belonging to, received by, or kept by government for information, including a court record; This is the law former Judge Denise Pratt is alleged to have violated when she apparently back-dated court orders. One example of how attorneys can run afoul of this law arose in San Antonio recently: Former defense attorney Hilda Valadez, who pleaded guilty to charges of forging judges' signatures and double billing the county for indigent defense work, was sentenced Monday to 10 years in prison. .... Valadez, 52, was once regarded as the ... Read More >
The Polland Problem, Part 2
Reprinted from the August 21, 2014 Mongoose. Most Republican judges and party leaders, to their credit, realize that the brewing scandal involving court appointments and their former party chair, Gary Polland, has the potential to effect the November elections. They also realize that the current system just is not right. They point out to me that Democratic politicians, such as legislators who are also attorneys, are getting lucrative appointments from Democratic civil judges. The solution is very simple: a commitment by judges to appoint attorneys based on merit only and transparency of information. All judges of both parties should simply stop using court appointments as political patronage and ALL appointments and fees should be reported and made available to the public. Currently, the system hides appointment fees and makes it very difficult to determine accurately how much various attorneys are being paid. The County Auditor website is a great example of sharing ... Read More >