This is a reprint from the September 3, 2014 Mongoose newsletter. Lawyers are stealing tax payer dollars and the system in place at Harris County allows it. Here are the problems: 1. A paper based system from the 1950's is still in use. Lawyers fill out the pay vouchers by hand, the judges sign the vouchers and then they go to the County Auditor, who pays the amounts approved by the judges, no questions asked. 2. A judge, who may approve dozens of pay vouchers a week, cannot see what an attorney is billing in other cases in that same court or in other courts. 3. No one until me ever took a mass of vouchers from one single attorney and extracted the fees charged on all cases for a particular day to see what the attorney is billing the county for on that day. This is how Alicia Franklin got busted billing 23.5 hours in one day. If I can "audit" vouchers, why can't the County Auditor? 4. The real problem is that no one has any incentive to closely monitor the CPS pay ... Read More >
Alicia Franklin Scandal – County Five: Falsely Asking to be “Re-Elected”
This is a reprint from the September 3, 2014 Mongoose newsletter. Someone actually reads this little newsletter. Sherri Cothrun complained that Alicia Franklin was improperly using the phrase,"Re-Elect Alicia Franklin" on her website, but the naive Chronicle editor thought Cothrun was just being picky and "hyper technical." Franklin apparently saw no need to change her web site after their Monday meeting with the Houston Chronicle editorial board. However, after my newsletter that pointed this "re-elect versus keep" problem out was published last Thursday, Franklin quickly changed her website. Franklin's problem is that it was simply not true and it was unethical for her to ask to be "re-elected" if she has never been elected in the first place. I checked with the Commission on Judicial Conduct and confirmed that an appointed judge cannot use the phrase ... Read More >
Alicia Franklin Scandal – County Four: Billing for Non-Lawyer Tasks Such as “Post Office Runs”
This is a reprint from the September 3, 2014 Mongoose newsletter. Alicia Franklin billed the county for one hour of work on May 6, 2014 in Cause No. 2014-02035J for "prepare letter to client, prepare to mail and post office run." In Cause No. 2008-02442J, Franklin billed a quarter of an hour twice for "post office run" on April 10 and May 19, 2014. Attorneys simply do not bill their clients for running to the post office and Harris County tax payers should not be charged for such work either. On May 1, 2014, Franklin billed the county in Cause No. 2013-41503 a quarter of an hour to e-file a document. She did the same thing on May 7, 2014 in Cause No. 2013-39931 when she charged a quarter of an hour for "e-filed affidavit." Again, this is something clerical staff do in most law offices and I have never heard of lawyers billing clients for that sort of work. Franklin also billed the county frequently for merely printing documents, something attorneys or their clerical staff ... Read More >
Alicia Franklin Scandal – Count Three: Accepting A Campaign Contribution from a Party to a Case She Was The Amicus Attorney On
This is a reprint of the September 3, 2014 Mongoose newsletter. My first published book might not be set in London in the Spring of 1881 after all. It could well be about Judge Franklin and her predecessor, Judge Pratt. I have more than enough information to fill a book. Click here to read about this truly too-sleazy-to-believe scenario: an amicus attorney appointed to represent a child in a nasty custody case decides to run for judge and accepts a large campaign contribution from a party to the case. Sadly, Alicia Franklin, is the protagonist in this wretched story as well. Ms. Franklin was appointed an amicus attorney for a young boy in a hotly contested custody case by Judge Lisa Millard in case no. 2012-04106 on April 20, 2012. This case involved parents and grandparents. On October 15, 2013, Ms. Franklin and the grandparents' attorney filed a joint motion for enforcement against the mother for not obeying a court order on visitation. It is extremely unusual for an ... Read More >
Alicia Franklin Scandal – Count Two: Billing for CPS Work After She Became Judge
This is a reprint from the September 3, 2014 Mongoose newsletter. Here is a shocker: judges cannot practice law! There is a specific provision in the Texas Canons of Judicial Ethics, Canon 4(G) that says a judge cannot practice law. It would also apparently shock and surprise some that it is illegal to bill the county for work you did not do. So, taking those two basic principles in mind, consider this: Judge Franklin, after she was sworn into office as a judge, submitted a pay voucher to the county for lawyer work on a CPS case done after she became a judge. Moreover, Franklin tried to mislead the Houston Chronicle editorial board last week in replying to this allegation by telling them that she started work on the bench on June 18, 2014. Franklin knew she had to tell the editors that she started work on June 18 because she had submitted a handwritten invoice for CPS work signed by her on June 17 for legal work she had done on June 13, 16 and 17, including one hour ... Read More >
Alicia Franklin Scandal – Count One: Submitting CPS Pay Vouchers That Simply Cannot Be True
This is a reprint from the September 3, 2014 Mongoose newsletter. This is a long article and my proof consists of many pages of pay vouchers that Alicia Franklin submitted the month before she became a judge. Click here to read my complete, 19 page article: "Alicia Franklin Submitted CPS Pay Vouchers That Simply Cannot Be True." This article includes my legal explanation of why knowingly submitting a false CPS pay voucher to the county for payment is a crime. Here is the executive summary of my article: Attorneys, like Alicia Franklin, appointed by judges to represent abused children or their parents in CPS cases, must sign the pay vouchers they submit to the county. In the family courts, the vouchers say that they are submitted "under penalty of perjury." I looked at four consecutive work days in May 2014 and pulled her charges for those days from dozens of pay vouchers submitted by Franklin. I then added up the hours she billed for each day. Here is what I found Franklin ... Read More >
Intro to the Alicia Franklin Scandal
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 >
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 >
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 >
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 >