The controversy surrounding Harris County Family District Judge Denise Pratt's alleged illegal backdating of court orders hit the Houston television news on Friday. Click here to see the report as aired on October 25, 2013. ... Read More >
J’accuse: Judge Denise Pratt Has Backdated Orders and Probably Committed the Crime of Tampering With a Public Record
Click on the following link to download the details of my criminal complaint against Judge Denise Pratt of the 311th Family District Court of Harris County: This is the entire complaint (revised as of October 27, 2013): J'accuse - Pratt - ver 2 I have filed a criminal complaint against Judge Denise Pratt of the 311th Family District Court of Harris County, who has almost certainly backdated orders and renditions in apparent violation of the Texas Penal Code provision regarding tampering with government records. If Judge Pratt has indeed committed the crime of tampering with a government record, she should be charged criminally and removed from office. A preliminary copy of this document was sent to Judge Pratt, so that in fairness she could point out errors or provide her side of the story. Judge Pratt has not responded. Every possible effort has been made to verify the facts in this document. All attorneys involved in the cases discussed below have been contacted and sent ... Read More >
The Republican Problem with Judge Pratt
(This article appeared in the September 25, 2013 edition of my newsletter, The Mongoose) On the local level, I support and socialize with many Republican elected officials. In the last election cycle, I hosted seven parties at my office for judges or judicial candidates -- all were Republicans and all won. I contributed to and supported many other local Republican candidates. I speak several times a day with GOP candidates or elected officials (the incumbent judges I confer with ALL like and support The Mongoose). Republicans may disagree with me on national issues such as The Affordable Care Act, but it is clear that we totally agree on the following: Elected officials are public servants and they should work full time. Judges should know and follow the law. Judges should accurately date their orders not create the appearance of committing the crime of tampering with a government record. Judges must be respectful of the mothers and fathers who litigate in their ... Read More >
Another Week, Another Appellate Court Order Telling Judge Pratt To Do Her Job and Another “Misdated” Order Signed by Judge Pratt
(This story is from the September 25, 2013 edition on The Mongoose). A prior issue of this newsletter discussed Judge Denise Pratt's actions in a post-judgment enforcement and clarifi-cation matter in the Messier case, No. 2009-45158. Those actions included the suspicious dating of the order Judge Pratt signed and the generous award of attorney's fees to lawyer Bobby Newman. Click here to read that earlier story in which it appeared Pratt either intentionally or carelessly "misdated" the judgment. She did after all, hand date that order with a date that was well prior to the dates of e-mails from her coordinator stating she had not yet addressed the proposed order. That earlier article cited the Texas Penal Code, Sec. 37.10, which states in part: Sec. 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; Pratt's ruling in favor of Newman's client in the Messier case is ... Read More >
Fees For Judicial Appointments Part 2
Transparency is one way to curb the abuses involved in judges' appointments of amicus attorneys, discovery masters and mediators. However, I cannot tell you easily who, for example, Judge Pratt is appointing in private cases and how much those appointees are being paid because almost no one is following a Supreme Court order that requires reporting of all appointees' fees. The prior edition of The Mongoose quoted the 1997 Supreme Court order that requires all fees for judicial appointments to be approved in a separate order. The District Clerk is required to collect data from all such orders and report the fees in a monthly report to the state Office of Court Administration. Click here to see the state-wide report. However, the spreadsheet is too big and covers the entire state. I have taken the period September 2012 through June 2013 and created spreadsheets for each of Harris County's family district courts and sorted by bar number, so you can see who is getting reported ... Read More >
Fees For Judicial Appointments Must Be In an Order and Reported – Part 1
Transparency is one way to curb the abuses involved in judges' appointments of amicus attorneys, discovery masters and mediators. However, I cannot tell you easily who, for example, Judge Pratt is appointing in private cases and how much those appointees are being paid because almost no one is following a Supreme Court order that requires reporting of all appointees' fees. Scandals involving judicial appointments in Harris County courts in the mid-1990's caused the Texas Supreme Court to issue an order that is still in effect but largely ignored. Click here to see full order. The 1997 order states in part: Section 1. Every appointment made in a civil case, probate case, or proceeding governed by Titles 1, 2, or 4 of the Family Code, by a regular or assigned judge of any district court, constitutional county court, statutory county court, statutory probate court, court master or court referee of a person to a position for which any type of fee may be paid shall be made by ... Read More >
Any judge in the courthouse can sign your order
You do not need a transfer or an assignment from the Administrative Judge to allow another judge in the courthouse to sign an order for you if the judge of the court where your case is pending is not available (assuming the clerks and the other judge cooperates). Texas Government Code Sec. 79.094 says: Sec. 74.094. HEARING CASES. (a) A district or statutory county court judge may hear and determine a matter pending in any district or statutory county court in the county regardless of whether the matter is preliminary or final or whether there is a judgment in the matter. The judge may sign a judgment or order in any of the courts regardless of whether the case is transferred. The judgment, order, or action is valid and binding as if the case were pending in the court of the judge who acts in the matter. The authority of this subsection applies to an active, former, or retired judge assigned to a court having jurisdiction as provided by Subchapter C. ... Read More >
New TRCP 91a Allows Quick Dismissal of Wacko Causes of Action That Have “No Basis in Law of Fact”
Family attorneys often deal with causes of action that do not arise under the Family Code. For example, one spouse might sue the other spouse as part of a divorce for assault or breach of fiduciary duty. A new Texas Rule of Civil Procedure 91a applies to all cases, including those pending on March 1, 2013, other than cases brought under the Texas Family Code or in inmate litigation. Under new Rule 91a, a party may move to dismiss a cause of action that has "no basis in law or fact." A claim has no basis in law if the allegations, taken as true, together with any reasonable inferences, "do not entitle the claimant to relief." A claim has no basis in fact if "no reasonable person could believe the facts as pleaded." A motion to dismiss a baseless case under Rule 91a must: state that it is made pursuant to Rule 91a; identify each cause of action to which it is addressed; and specifically state the reasons that the cause of action has no basis in law, fact, or both. A Rule 91a ... Read More >
Judges Cannot Grant Relief Unless It Is Requested in Pleadings or Tried by Consent
No judge or judicial candidate should want to read this headline: "Court of Appeals reverses judge who screwed gay dad." Sadly, treating gays and lesbians unfairly is currently good politics if you are a Republican worried only about winning a primary in Texas. Sadder still is what happened to William Flowers in his modification lawsuit in the 309th District Court. I only handled the appeal, but I personally would have counseled a gay father that winning custody in a jury trial in Harris County would be very unlikely, no matter who the judge was. However, Mr. Flowers asked to switch primary custody of his three children to him. By agreement, Associate Judge Charlie Prine presided over the trial. The jury heard the evidence and decided that the mother should retain the right to determine the children's primary residence. No question was submitted to the jury about changing the geographic residence restriction because neither party's pleadings asked for any such change and not a ... Read More >
Judge Denise Pratt Finally Rules
The divorce decree in Messier v. Messier (No. 2009-45158) awarded the wife "a portion of the benefits, if any, received by [the husband] upon exercise of the following ConocoPhillips Stock option awards, representing 60% of the community portions from [husband's] employment, subject to all related actual tax liabilities and withholdings..." The husband was not ordered when to exercise his stock options. Two years later, the ex-wife had Bobby Newman file a lawsuit because the ex-husband had not exercised many of his stock options. Judge Pratt conducted a trial on December 19, 2012. Judge Pratt ruled that Mr. Newman would be granted almost all of the relief he was asking for (contempt, declaratory judgment, "clarification" that dramatically changed the ex-husband's obligations regarding the stock options, and $77,000.00 in attorney's fees). An entry hearing was set for March 25 and counsel appeared, including Don Fullenweider and Sallee Smyth for the ex-husband. After waiting ... Read More >
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