The Enos Law Firm
17207 Feather Craft Lane, Webster, Texas 77598
(281) 333-3030 Fax: (281) 488-7775
E-mail: greg@enoslaw.com Web site: www.divorcereality.comPlease forward this e-mail newsletter
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Greetings!
What can be done when a judge turns out to be mentally ill but is still cloaked with the vast power of a family court judge? Surely, there must be a better answer than just wait a few years for the voters to exercise their vast wisdom.
The lesson we have learned in Galveston County is that you cannot count on the State Bar or the Judicial Conduct Commission to provide any real help with a judge run amok. A group of attorneys are working together to use a law first enacted in 1879 to have Judge Christopher Dupuy removed. In the meantime, the most bizarre, unimaginable events have unfolded in the Galveston County Justice Center. Our draft removal petition is constantly being revised because Dupuy keeps doing new, ridiculous things almost every day. A partial summary of Dupuy's most recent mind blowing antics is below.
In Harris County, Judge Denise Pratt has surprised all of us who were so enthusiastic about her election just two years ago. Lawyers who spend so much time gossiping about Judge Pratt's unusual and hard to understand rulings and policies were really buzzing last month when I circulated a "gag order" Judge Pratt has signed. I write about that curious order below.
The stories told in this newsletter simply defy rational understanding, but sadly are just a sampling of the many stories that could be shared about these two particular courts.
Also, I discuss very briefly the latest and presumably final development in my crusade to end the unique Galveston County practice of allowing a part-time Associate Judge to also practice law in the same county. It turns out my negative ethical analysis of that practice was shared by the Texas Center for the Judiciary and an ethics opinion from them caused Associate Judge Radcliffe to resign.
Finally, my law firm's website has been redesigned using WordPress (check out www.divorcereality.com) and some of the stories in this newsletter will be shown at length in my blog embedded in the web site.
I do not expect to win every case. I just want an efficient system in which my client gets a fair hearing by a judge who works hard, knows the law, and does not play favorites. I also expect judges to appoint qualified amicus attorneys who zealously look after children (and actually visit the kids in their homes). Is that asking too much? Stay tuned.
Greg Enos (281) 333-3030 greg@enoslaw.com
The Mongoose is watching!
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No family judge in Harris County provides more fodder for the gossips than Judge Denise Pratt. Almost every attorney has a story to share about Judge Pratt not showing up for work or leaving early or not signing orders or appointing amicus attorneys when the parents are not even disagreeing or giving custody or visitation to non-parents or even non-parties. Judge Pratt has started hearings then called for a recess and left the courtroom as if taking a short break but then left the courthouse without informing the attorneys. Judge Pratt is approving agreements but then failing to sign the orders for months. Most egregiously, Judge Pratt is constantly refusing to accept agreements made by parents who love and know their children without hearing any evidence and then appointing amicus attorneys who are not needed.
A few weeks ago, I alerted a few dozen family lawyers via e-mail about a "gag order" Judge Denise Pratt had signed. Click here to see this most unusual order that was signed by Judge Pratt on January 23, 2013. My e-mail got shared and shared and talked about and may have shot down this order before it was actually applied. The problem is that no one knows if the gag order is in effect or, if it is, why the First Amendment has been suspended. This order entitled "Gag Order" appears to be a blanket order applying to all cases involving children and it would purport to order attorneys to not discuss the case with the media or "with any person not associated with the case." This would mean lawyers could not discuss their cases with the other attorneys. The order would appear to prevent attorneys from talking to me about their adventures in Pratt-Land. It seems that the "gag" order has been applied to Judge Pratt's staff because no one in her court will talk to me about the order or explain which cases it applies to or whether it is in effect. I have e-mailed Judge Pratt directly, but I have not received any reply, so apparently she is also gagged by her own order. My e-mail to the judge asked several questions all attorneys are asking about the order and said: I would greatly appreciate it if you would answer these questions before I send out my newsletter this weekend. I want to get the facts right and be fair to you: 1. Is this gag order in effect? 2. Does the gag order apply to all cases with children in your court or just some cases? 3. How are you notifying parties and attorneys so that they know to obey your order? 4. What is the statutory or constitutional basis for this order? 5. Why have you decided to issue this order?
6. How do you respond to the reaction of most lawyers that this gag order seems more designed to stop criticism or gossip about your rulings rather than protecting children?
7. Does this gag order apply to you and your court staff?
In Grigsby v. Coker, 904 S.W.2d 619 (Tex. 1995), the Texas Supreme Court considered a confidentiality order issued in a family law proceeding. The Texas Supreme Court said that two essential showings must be made before a confidentiality order can be issued. This two prong test is first that "an imminent and irreparable harm to the judicial process will deprive litigants of a just resolution of their dispute", and, second, that "judicial action represents the least restrictive means to prevent that harm."
 Madness in Galveston County
Here, in reverse chronological order is a short summary of the most recent insane developments involving County Court No. 3 Judge Christopher Dupuy:
- Feb. 27: Judge John Grady signed an order voiding a "show cause order" Judge Dupuy had signed purporting to hold me in contempt for filing a motion to recuse Dupuy. Dupuy had ordered me to appear in his court tomorrow, February 28 at 3:00 p.m. and had me served by a constable with an order to appear. As noted below, Judge Underwood granted my motion to recuse Dupuy without even a hearing and assigned Judge Grady to the underlying case.
- Feb. 24: The Galveston Daily News published an editorial written by its president and publisher calling on Dupuy to resign. This is the second editorial from the local paper during Dupuy's two years in office calling on him to step down. The editorial states in part, "...we feel more strongly than ever that he should resign for the good of the county." Click here to read this editorial.
- Feb. 22: The American Bar Journal e-edition ran a story about Dupuy's problems. You know you are big time when a national lawyer magazine writes about you.
- Feb. 19: District Judge Susan Criss sent an e-mail to her fellow judges and to other elected officials expressing concerns that Judge Dupuy poses a physical danger to his fellow judges. Criss said Dupuy could "become violent and hurt or kill someone." This comes after another judge requested that an armed bailiff attend judges' meetings that Dupuy will attend. Click here to read the Houston Chronicle story and Judge Criss' e-mail. This week, I have talked to two Republican judges who also expressed fears of Dupuy. Just before a crazy hearing the prior week in Dupuy's court (see story below), the elected Sheriff of Galveston County personally checked behind Dupuy's bench to make sure there were no weapons there.
- Feb. 18: District Attorney Jack Roady announced that he is referring all criminal investigations of Judge Dupuy to the Texas Attorney General. Roady said he has a conflict of interest since his office has thousands of misdemeanor cases in Dupuy's court. Click here to read the Houston Chronicle story.
- Feb. 14: District Attorney Jack Roady confirms he is investigating a criminal complaint I made against Judge Dupuy. Click here to read the Houston Chronicle story.
- Feb. 13: Regional Administrative Judge Olen Underwood signed an unusual order recusing Judge Dupuy from a case of mine without assigning a judge to hear my motion to recuse or even conducting a hearing. Click here to read this order which finds Dupuy's February 6 order holding me in contempt for filing the motion to recuse "has placed the judge in such an adversarial position that a reasonable member of the public...would determine the judge's ability to remain impartial in this case to be impaired." Judge Dupuy had voluntarily transferred all of my cases out of his court except for this one matter, which forced me to file a formal motion to recuse. Dupuy refused to recuse himself from this one case and he then signed an order purporting to hold me in contempt for daring to file my motion to recuse. Click here to read his order setting a "show cause" hearing against me for February 28. A constable served me with an order to appear before Dupuy on that date.
- Feb 12: Judge Dupuy's fiance, is a pro se mom in a custody case where I represent the father who has primary custody of theie little girl. The mother filed a motion to recuse Judge Yarbrough from her custody case. The motion to recuse was faxed to me for the pro se mom by Judge Dupuy because the fax header printed at the top of each page of the document says it is from "Christopher Dupuy." At the hearing on the motion to recuse Judge Yarbrough, his fiance testified that Dupuy faxed the motion to recuse to me from the fax machine in his chamber (this testimony bolsters the criminal complaint I filed against Dupuy for abuse of office). She also testified that Dupuy send a spy to our public meeting of attorneys organizing to get Dupuy removed from office and that photographs were taken of those present for Dupuy. His fiance's motion to recuse Judge Yarbrough was denied.
- Feb 12: Attorney Lori Laird, who had just been found in contempt by Dupuy for daring to file two motions to recuse him (Dupuy "suggested" 110 days in jail for Laird), started the hearings on her recusal requests. However, Dupuy stunned everyone by sending over orders purporting to recuse himself even though he had just held Laird in contempt for asking to recuse him in those very cases. The visiting judge went to Dupuy and made him sign orders that actually recused him from the cases. Click here to read the first order of recusal Dupuy signed then click here to read the order the assigned judge made him sign to assure that he really was recused.
- Feb 11 and 12: The most bizarre hearing in the history of Texas jurisprudence was conducted by Dupuy as he held Lori Laird in contempt of court. Click here to read my length, detailed description of this most unusul event. Click here to read the Galveston Daily News' story about this weird event.
 Mental Disorder in the Court - The Most Bizarre Court Hearing Ever!
Lawyers in Galveston County now know how it felt to serve in Roman Emperor Caligula's court. We see and fear the madness that is cloaked in awesome power and never know when the mad ruler's ire will be aimed at us.
This was the scene in Emperor Dupuy's court on February 11 when he held a hearing to hold attorney Lori Laird in contempt for filing two motions to recuse him. There were eight armed bailiffs supervised by the elected Sheriff of Galveston County who was being advised by a lawyer from the County Legal Department. The Sheriff even checked behind the judge's bench for weapons before the hearing started. It seemed clear that the security was there to protect the attorneys from the judge. A felony prosecutor and the D.A.'s head investigator sat in the gallery taking notes about the judge. About 40 people were in the audience, including the County Judge and for a while one of our district judges. One counsel table was empty and at the other table sat Laird with her four attorneys.
By the end of the afternoon, we had watched the judge try to be both judge and prosecutor while at the same time not allowing the defendant's attorneys to really talk, object or present their case. The judge expelled his own ex-wife from the crowded courtroom and one of Ms. Laird's attorneys.
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This is an amazing but fairly long story, so please click here to read the entire story of what happened in this crazy hearing and also educate yourself about the law and procedure for recusal motions and contempt actions against attorneys.
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Will the Notary Public
Go The Way
of the Dinosaurs?
Affidavits and verifications no longer need to be notarized if the proper form is used. A law passed in 2011 added Sec. 132.001 to the Texas Civil Practices and Remedies Code. This law allows unsworn declarations using a certain form to be used in place of any affidavits or verifications required by statute or rule. Now, interrogatory answers, affidavits and inventories from clients and attorney's verifications on motions do not have to be notarized. Click here to read this statute and see my suggested form for an unsworn verification for an inventory and appraisal. Few attorneys and judges seem aware of this new law or willing to use it. There are many situations when it is a real hassle to get a client before a notary and this law can avoid that problem. Candidates Begin to Announce for the 306th Family District Court
Assuming that Judge Jan Yarbrough will not seek re-election (or perhaps assuming that a Republican will win that post), attorneys have begun to announce their candidacies for the Spring 2014 GOP primary for 306th Family District Court in Galveston County. Candidates cannot accept donations until June but they can now start campaigning and spending their own money. Texas City attorney Anne Darring, who has practiced family law in this county for 23 years, has announced she is running for the 306th as a Republican. Darring has handled thousands of divorce and child custody cases and has been very active in Republican activities. Click here to read Darring's announcement. Assistant District Attorney Jennifer Burnett (formerly Jennifer Dunne) has also announced her candidacy. Burnett is now Head of the Family Division of the DA's office that handles CPS and juvenile cases. Burnett has been licensed since November 2003 and she has worked in the DA's office of Galveston and Brazoria counties except for 20 months in private practice with Kathleen Collins. Click here to read Burnett's announcement.  Correction to My January 16 Newsletter Regarding Kathleen Collins
My last newsletter included a story about Judge Dupuy that mentioned Kathleen Collins in two paragraphs. I wrote that at a pre-trial conference just before Dupuy hired Collins and then recused himself, that Collins was not prepared. Ms. Collins strongly disputes that statement. Her opposing counsel, Jack Ewing, has a different recollection. I was not there and I simply should have written that both counsel appeared for the pre-trial conference.
My story also mentioned that Ms. Collins had picked up Judge Dupuy's children from school once and hosted them at her house a few times (as testified to by Dupuy's ex-wife and admitted tp by Ms. Collins). Ms. Collins is upset that some people interpret those facts to mean there was a romantic relationship between Collins and Dupuy. I never intended to suggest that and Ms. Collins makes it clear no such romantic relationship ever existed. Dupuy told me they were not dating and I know of no evidence that suggests they were. My article was meant to be about Dupuy's recusals because he hired Collins to represent him and then his refusal to recuse himself in other cases involving Collins.
More than anyone, I do not want to see innocent people embarrassed by publicity about Dupuy. I apologize to Ms. Collins if my story upset her or wrongly caused folks to think ill of her. Associate Judge Radcliffe Resigns After Ethics Opinion Agrees with Me: It is Wrong to Be a Part-time Judge and Practice Law
This little newsletter can actually cause change in our judicial system! I started writing in this newsletter last September that it was just not right to allow a part-time Associate Judge to also practice family law in the same county. I made quite a few arguments why the practice was not proper and in the process made two good ladies who wear black robes quite unhappy with me. Then, Judge Dupuy jumped on my bandwagon and ordered our two-day-a-week CPS AJ, Suzanne Radcliffe, to stop practicing family law. Dupuy then held Radcliffe in contempt when she ignored his order. The Court of Appeals granted Radcliffe a mandamus which Dupuy ignored. However, the Center for the Judciary on February 5 issued an ethics opinion which states it is improper to allow a part-time associate judge to practice law in any county. Click here to read the ethics opinion. Radcliffe promptly resigned. Funding was obtained for a CPS Impact Court and former County Court Judge Roy Quintanilla is now hearing CPS cases one day a week on Tuesdays.
The shame is that something was not done long ago to create a full-time AJ position who could hear CPS cases and help Judge Baker hear other family cases (or perhaps also hear juvenile cases).
Suzanne Radcliffe did a wonderful job hearing CPS cases and we all owe her a huge "thanks" for her years of selfless service.
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Attorney Greg Enos has been through his own divorce and child custody battle (he won) and understands what his clients are going through. Enos graduated from the University of Texas Law School and was a very successful personal injury attorney in Texas City before he decided his true calling was to help families in divorce and child custody cases. Greg Enos is active in politics and in Clear Lake area charities. He has served as President of the Bay Area Bar Association and President of the Board of Interfaith Caring Ministries.
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Attorney Greg Enos
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