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 >
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 >
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