Texpatriate endorses for Family Courts

Ask any general practitioner attorney about the different disciplines of law, and you’ll almost always hear the same: Family law is the toughest to practice, emotionally speaking. Heavyhearted disputes, particularly involving the custody of children, require very serious and compassionate Judges. Unfortunately, the courts have become — in some cases — a figurative cesspool of malfeasance and corruption. The thankfully-former Judge Denise Pratt sullied the reputation of the Family Courts by intentionally backdating orders and unilaterally dismissing hundreds of cases. Her replacement, Judge Alicia Franklin, allegedly violated the rules of conduct for ad litem attorneys by overcharging her clients, sometimes as much as 23.5 hours a day, as well as apparently continuing the practice of law from the bench.

Similarly culpable are the Judges who allow this venal ad litem system to continue unchecked; but the shame does not end there.  Still more Judges have sought to turn their courtrooms into soap boxes for their political beliefs, improperly going beyond their purview as Family District Judges to wade into contentious constitutionality fights over legislation. Still other Judges have been wholly derided by attorneys that practice in their courts for unacceptable behavior on the bench, be it their demeanor or the irrational decisions that they make.

Still, the 10 Republican Family Judges on the bench in Harris County have some valued jurists among them. Unfortunately, two of them are retiring after long and positive records of service, and still others are running unopposed. In the six contests featuring contested elections, though, we go with the Democrats in all six.

In the four uncontested races, we recommend votes of confidence for three Judges: Roy Moore of the 245th District Court, Judy Warne of the 257th District Court and David Farr of the 312nd District Court. All are valued arbiters of disputes who, despite some disagreements, have been qualified and experienced leaders of jurisprudence. However, we simply cannot ask the same for Judge Lisa Millard of the 310th District Court.

Millard, first elected in 1994, made headlines late last year for improperly wading into a dispute over the constitutionality of the City’s spousal benefits program. She improperly put a temporary restraining order on the program, despite these arguments typically being under the purview of Civil Courts. The case was later removed to Federal Court, where her ruling was sternly reversed. Millard’s conduct, in our opinion, was unbecoming of the typical neutral and non-contentious role a Family District Judge should have. Even though she is unopposed, this board still urges a vote of no confidence against her.

246th DISTRICT COURT
For many years, Judge Jim York has been a model for the Family Courts. Always operating with the utmost professionalism and respect, he diligently presided over the plethora of disputes that came before his court throughout a sixteen year tenure. Likely our favorite Family District Judge, his retirement has prompted a heated contest in one of the few open Judicial seats in the county.

Republican candidate Charley Prine simply does not measure up to York’s grand legacy. Undoubtedly well qualified and experienced, Prine has served as an Associate Judge in the Family Courts for the past three years. He knows the system backwards and forwards, and would be hit the ground running on day one. Without a doubt, the recent Pratt fiasco has made a somewhat compelling argument that new District Judges should have some prior experience on the bench. If your concern is judicial expediency, Prine is your candidate.

But we have some concerns about his impartiality. Prine sometimes appears a little too eager to throw around his partisan credentials, in a way that makes us uncomfortable for a such an important post. The Democratic candidate, on the other hand, Sandra Peake, would be a great addition to the bench precisely because of her worldviews. Her open mindedness and non-partisanship stand in stark contrast to Prine’s  divisive rhetoric. We also commend her grand record of practice, serving not only as a skilled family attorney, but also in other fields such as bankruptcy and probate, which add depth to her understanding of the law.

Ultimately, however, both are good choices. But Peake offers new blood to the courthouse. She would be a fair and open minded jurist in a way her opponent just would not be. The Family Court desperately needs some reforms, especially regarding ad litems, and Peake would be the most effective vehicle to deliver them.

Accordingly, this board endorses Sandra Peake for the 246th District Court.

247th DISTRICT COURT
Judge Bonnie Hellums, another longtime veteran of the Family Courts, is retiring at the conclusion of this term after many years of thoughtful service. Like the previous contest, Hellum’s successor as the Republican candidate just does not measure up well. John Schmude, a local attorney, was chosen in a contentious primary over the far better candidate M.L. Walker, an Associate Judge. Schmude ran a nasty campaign against her, but more importantly, he never outlined how he would be a preferable Judge to her –or anyone else, for that matter. Come to think of it, he has done spectacularly little in his campaign, besides outlining the support of Republican interest groups such as the National Rifle Association. Unless they have a new lecture series on divorce we are unaware of, that isn’t a good reason to support him.

The Democratic candidate, Chip Wells, has superior qualifications and temperament for the bench. Wells has been an attorney for nearly 40 years, and according to just about any attorney worth her or his salt, has been a heck of a good one. Knowledgeable about the law, and pragmatic on contentious disputes, Wells would make a great Judge. With an inherently neutral demeanor, quite unlike his opponent, he would also be a much fairer one.

Accordingly, this board endorses Chip Wells for the 247th District Court.

280th DISTRICT COURT
Judge Lynn Bradshaw-Hull, a freshman Republican Judge first elected in 2010, has had a tumultuous past few months. The Houston Chronicle recently published a damaging expose outlining her apparently callous actions taken in the course of office. As the story goes, the Harris County Domestic Violence Coordinating Council, no one’s idea of a liberal rag, has accused her of being improperly critical of victims of domestic violence. “Uncompassionate” and “demeaning to women” were phrases copiously used throughout the report. She even allegedly makes of point of grilling these victims, suggesting ulterior motives for making the serious allegations, such as retaining custody of children in a subsequent divorce.

Such remarks, which have been confirmed by individuals familiar with the situation, are appalling and saddening for an individual tasked with protecting families and children throughout the county. It is atrociously unacceptable to allow a Judge to commit these acts with impunity, and Harris County needs a big change.

Fortunately, the difference between Bradshaw-Hull and her Democratic opponent, Barbara Stalder, is as clear as night and day. A well-renowned Family attorney, as well as a lecturer at the University of Houston Law Center, Stalder’s experience is in defending children and victims of defending violence, not malevolently working against them. A veteran of Children’s Legal Services and Aid to Victims of Domestic Abuse, Stalder possesses empathy for those affected by such heinous actions, empathy apparently absent in her competitor.

Stalder would be a great Judge, but the choice is particularly easy here. Accordingly, this board endorses Barbara Stalder for the 280th District Court.

308th DISTRICT COURT
Much like the previous contest, we have some huge doubts about the ethics and the temperament of the incumbent Judge, James Lombardino. A bombastic Republican, he has sullied the integrity of his court on multiple occasions. Lombardino maintains what appears, in our opinion, to be a nearly pathological aversion to awarding children to their mother in heated disputes. He manufactures whatever modicum of fault that can be cobbled together to take children away from their mother, often for the flimsiest of reasons.

On one such occasion, Lombardino took away children from a caring mother, because her boyfriend once tested positive for marijuana. His grand strategy as a result of this show of law and order bravado was to send the children off to their biological father, whose interaction therewith was quite limited. The actions taken were even over the recommendation of the ad litem in this case, coincidentally the Democratic candidate in another contest.

Lombardino’s Democratic opponent would be a far more impartial and fair Judge. Jim Evans, a prominent family attorney, would have the compassion and the integrity to lead this wayward bench back into the light. He would look over custody battles with an open mind, and always follow the law to do what was correct. Once again, we think he would be a good Judge, but considering the incumbent, it is an easy choice.

Accordingly, this board endorses Jim Evans for the 308th District Court.

309th DISTRICT COURT
Judge Sherri Dean has served on this bench for about six years. She is generally somewhat levelheaded, but has developed a reputation for being a little bit abrasive on the bench. Dean, a ubiquitous presence at Republican events, also has a tendency to keep her partisan affiliations a little bit too close to the courthouse for comfort. All in all, she is a pretty good Judge, and those more intent upon preserving judicial expediency should vote for her. But, like any of the other myriad races we have faced such a scenario on, we think the voters of Harris County should take a chance on someone a little better.

Kathy Vossler, a well-season family lawyer with an emphasis on helping those going through crisis, would be an all-around better Judge. She has the compassion and the professionalism to take this court to a better place, as well as the experience to ensure it stays in good hands. Furthermore, we believe that Vossler would be better suited to guide the ad litem process out into the light for reforms.

Accordingly, this board endorses Kathy Vossler for the 309th District Court.

311th DISTRICT COURT
This is the most infamous court in Harris County, any way you look at it. As mentioned previously, the former Judge on this bench, Denise Pratt, committed a whole host of misfeasance, malfeasance and nonfeasance while in office. Backdating orders and unilaterally dismissing cases, she has simply a disgrace to the bench. After she was nearly indicted for these actions, Pratt resigned earlier this year. A local attorney in family matters, Alicia Franklin, won the Republican primary to succeed her and was promptly appointed by Governor Rick Perry. This made her Judge Alicia Franklin.

Unfortunately for Franklin, whom we have been a fan of in the past, news has come out that suggests she has also engaged in unethical and possibly illegal actions both before and after taking the bench. The charges contend that Franklin overcharged her clients while an ad litem attorney, once having the unmitigated temerity to charge 23.5 hours in one day. She also arguably allowed associates to charge on her behalf, as well as continued operating her law practice after assuming office, both serious violations of judicial ethics and the law.

Sherri Cothrun, Franklin’s Democratic opponent, is a remarkably appealing alternative. She has an illustrious resume in family law, practicing for many years within this discipline, often as an ad litem attorney, where she has fought for reform from the inside. She’d be a great Judge, a tremendous improvement from the incumbent. The 311th District Court needs a strong personality to clean up Pratt’s mess, and Cothrun would be able to do that more effectively.

Accordingly, this board endorses Sherri Cothrun for the 311th District Court.

The Texpatriate Editorial Board is comprised of Noah M. Horwitz & Olivia Arena of Austin, George Bailey of Boston, Luis Fayad of College Station and Andrew Scott Romo of New Orleans. Editorials represent a majority opinion of the voting board.

Complaint filed against Judge Franklin

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The Houston Chronicle reports that Greg Enos, the prominent attorney who was behind a series of criminal complaints that ultimately brought down Family District Judge Denise Pratt, has now filed yet another complaint against her successor. Judge Alicia Franklin, who defeated Pratt in a Republican primary after she abruptly resigned, was appointed by Governor Rick Perry in June to fill out the remainder of Pratt’s term. She is also the Republican candidate for a full four-year term in the post this November, where she faces Sherri Cothrun, an attorney who is her Democratic opponent.

Enos alleges that Franklin abused her power as a court-appointed attorney on CPS related cases, as she did extensively prior to her assuming judicial office. Enos’ detailed each and every one of his allegations in somewhat meticulous detail in his intermittent newsletter, The Mongoose. I cannot state strongly enough have vehemently I urge you to read the full newsletter and the explanation for the allegations made in painstaking detail.

First, Enos accuses Franklin of billing exorbitant hours for individual days, often much more than 10 hours and –on one occasion– 23.5 hours. Typically, billings for ad litem appointments such as this one exclude what is called an “administrative task,” such as driving, postal work, etc. Only legal work should ostensibly be included.

Second, Franklin allegedly charged for work after she became a Judge, which –if true– would be a huge violation of State law and ethical codes. Third, when she received one of these neutral appointments, she allegedly received a campaign contribution from one of the interested parties.

Fourth, as I explained above, she allegedly billed for many –as Enos put it– “non-lawyer” tasks, such as going to the post office, electronically filing documents or merely printing the documents. Lastly, Enos found an issue with Franklin adorning her campaign placards with pleas to be “re-elected,” even though she is merely the appointed incumbent. After checking with the relevant authorities at the Commission on Judicial Conflict, Enos confirmed that it would be an ethical violation to do so.

Franklin has reportedly retained a PR firm, Begala/McGarth, and has been somewhat silent on this issue to all involved. Last month, Franklin defended her billing practices as a collaborative total number of hours which included work accrued by her associates. Of course, according to the law, allowing others’ work to be included within your ad litem billing is prohibited as well. Franklin also defended the pay vouchers submitted while she was a Judge as work that had occurred before her appointment. Of course, the Chronicle notes that some of the pay vouchers show work apparently done after she was sworn-in.

My friend Greg at Rhymes with Right defended Franklin somewhat vigorously, employing the same strategy of work done by associates. He also goes further in stating that she received a phone call to be appointed rather hastily, and her associates needed time to close down shop, explaining the post-Judge hours billed. I suppose that is logical, but Franklin explicitly chose not to invoke it when confronted on the billings made while she was on the bench. Additionally, given that the incumbent had resigned and Franklin had won the Republican primary, was anyone actually surprised by her appointment? It was pretty much a foregone conclusion.

All in all, I think there is enough evidence for the District Attorney’s office to begin an investigation. Beyond that, I don’t think I know enough about the situation one way or another. Enos did reveal that much of the dirt he obtained occurred as a result of Sherri Cothrun, the Democrat in the race. Cothrun, for what its worth, recent brought Burt Levine onto her campaign. Levine, of course, formerly had extensive ties to Denise Pratt.

Additionally, it should be noted that Cothrun’s law partner, Rita Lucido, who you may recognize as the Democratic candidate for the 17th Senate District, was the attorney that represented the man who allegedly donated to Franklin in the aforementioned case. The one where the donator was an interested party and Franklin was a neutral court-appointee.

If you thought The Mongoose‘s involvement at the courthouse was done, think again!

Big Jolly Politics and Off the Kuff have more.

Judge Franklin

Local News reports that Alicia Franklin, a local attorney who defeated now-former Judge Denise Pratt in the Republican primary runoff last month following Pratt’s abrupt resignation, has officially been appointed to the bench by Governor Rick Perry. As many might recall, the 311th District Court was plagued by malfeasance and misfeasance on the part of the Pratt, who was simply one of the most incompetent jurists to grace the bench in my memory within the boundaries of Harris County.

When the work of being a judge got ahead of her, she began maliciously backdating orders in order to hide her ineptitude in office.  When the District Attorney’s office began investigating her, the case was referred to a Grand Jury, where she was no-billed. Not long thereafter, Pratt unilaterally dismissed hundreds upon hundreds of cases. Some of these cases involved very tenuous disputes involving child custody or even domestic abuse, and including temporary orders, making a solely political point tremendously irresponsible. The DA’s office began investigating him once more and was prepping yet another indictment when Pratt suddenly resigned. At that time, Pratt was in the midst of a runoff election with Franklin, after finishing with a plurality in the preliminary March primary, where she faced four opponents.

Click here to read more!

Voting recap

 

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Photo courtesy of Greg Enos, Esq.

Yesterday, I went to early vote at West Gray, in the heart of Montrose. I ran into Alicia Franklin and Tonya McLaughlin, two Republicans running in primary runoffs for judicial elections; both have been Texpatriate-endorsed. Unfortunately, I could not vote for either of these well-qualified candidates, as I had voted in the preliminary Democratic primary and thus was required to vote in the Democratic runoff.

Accordingly, I voted for David Alameel in the US Senate runoff and Kinky Friedman in the Agriculture Commissioner runoff. I got the feeling that I may have been the first Democrat to vote there all day. Considering that there was not a single sign for a Democratic candidate, perhaps I was not too far off, though I did hear that representatives of the Houston GLBT Caucus were present today handing out their slate card (consisting of the single endorsement of Alameel).

Click here to read about the phantom Pratt signs!

Texpatriate endorses in Judicial primary runoffs

In preparation for March’s primary, we endorsed a number of candidates for local judicial office. Among those races, two advanced into a runoff. In both of those races, our preferred candidate in the first round advanced into the second round. Specifically, M.L. Walker for 247th District Court and Tonya McLaughlin for Harris County Criminal Court at Law #10. Additionally, we have made a new pick in the Republican primary for the 311th District Court. We have reiterated the endorsements from our March articles below:

247th District Court
M.L. Walker is the exact type of centrist the Family District Court needs far more of. Judge Bonnie Hellums, after many terms on the bench, is retiring, and three candidates have filed to succeed her in the Republican primary. Among these candidates, Walker is the only hold who holds both the experience and the pragmatism needed to be a good Judge.

We got the chance to hear from Melanie Flowers earlier, and have been thoroughly impressed by her devotion and passion involving the issues, but we do have some big concerns regarding her lack of experience. Likewise with another candidate, John Schmude, though without the impressed part. It is Walker who has years of experience as an Associate Judge in the Family District Court, though she also has the capacity to be a fair-minded and middle-of-the-road jurist. We think voters would be wise to choose M.L. Walker next month in the Republican primary.

Click here to read more!

The Pratt saga goes on…

The Houston Chronicle reports that the saga involving now-former Family District Judge Denise Pratt may continue for some time, despite her recent resignation. As both Kiah Collier (who generally writes all pertinent Chronicle articles on this topic) and myself have previously noted, Pratt resigned from office and announced she would immediately suspend her re-election efforts last Friday. In the March primary, Pratt garnered a bare plurality against four challengers, and advanced into a runoff with Alicia Franklin.

Among the many things Pratt has been accused of are meddling with court documents by backdating orders as well as unilaterally dismissing nearly a thousand pending cases with no just cause, in some cases allegedly in retaliation against her political enemies. Greg Enos, a Galveston county attorney and publisher of The Mongoose (Editorial note: Remember, Greg: TEXPATE ≠ GOP blog), has been behind at least three complaints against Pratt, which twice prompted the Harris County District Attorney’s office to investigate the former Judge. Possibly facing indictment last week, Pratt left office in shame. Jubilant, Republicans proclaimed that Franklin would be appointed by Perry to serve out the remainder of the term, win the primary and get re-elected come November (Pratt occupied a DISTRICT Court, meaning the Governor and not the County fills vacancies). The only problem with this is that Pratt has demonstrated she is not going softly into the night.

Click here to see why Pratt may still be in it!

Judge Pratt resigns

The Houston Chronicle reports that Denise Pratt, the Family District Judge in Harris County who brewed up no shortage of controversy over the past year, has resigned effective immediately and is suspending her campaign. Astute readers of this publication will remember that Pratt has undergone much scrutiny from myself and others for both allegedly backdating time-stamps in orders and unilaterally dismissing hundreds upon hundreds of ongoing cases. All of these have drew the ire of Greg Enos, a Galveston area attorney, who has lodged three complaints against Pratt that have been investigated by the District Attorney’s office (Editorial note: The last time we mentioned Enos, this publication was prominently featured in his newsletter, THE MONGOOSE, wherein it was described as a “Republican blog.” For the record, Texpatriate is a non-partisan publication, and the author of both the original post and this post, Noah M. Horwitz, is a registered Democrat).

Pratt’s website has now been reduced to simply a statement. In it, she wrote: “The relentless attacks by my political opponents have become a distraction to the work of the Court, and to the Republican Party in Harris County.  I cannot, in good conscience, allow it to continue. My goal has always been to serve the children and families of Harris County, but I won’t sacrifice my family’s well-being any longer to continue to serve as Judge.”

Click here to read more!