MEMORANDUM Roger K. Parsons 2520 AVENUE K, SUITE 700-739 PLANO, TEXAS 75074-5342 TEL +1 214.649.8059

TO:

CC:

FAX +1 972.295.2776 eMAil B.K.Parsons@TexasBarWatch.US WEB http·/fIexasBarWatch.US

Commissioners of the State Commission on Judicial Conduct ("SCJC")

James Richard "Rick" Perry, Governor of Texas Wallace B. Jefferson, Chief Justice, Supreme Court of Texas Roland K. Johnson, President, State Bar of Texas Gregory Wayne "Greg" Abbott, Attorney General, State of Texas

FROM: Roger K. Parsons, Complainant in CJC # 09-0380-AP

DATE: May 11, 2010

SUBJECT: THE SCJC FAILURE TO ABIDE BY TEXAS GOVERNMENT CODE §33.035 AND ARTICLE 5, SECTION 1-a (7) OF THE TEXAS CONSTITUTION IN REGARD TO TEXAS CODE OF JUDICIAL CONDUCT COMPLAINT CJC # 09-0380-AP

Honorable Commissioners:

I write to request that you take personal responsibility for fulfilling your SCJC duties under

Article 5, Section 1-a (7) of the Texas Constitution in regard to handling the subject complaint, CJC # 09-0380-AP ("the Complaint").1 For this purpose, I am enclosing a CD containing

electronic copies of correspondence I have had with the SCJC in this matter:

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

"the Complaint" filed January 5, 2009

SCJC letter, dated January 8, 2009, acknowledging receipt of Exhibit 1

SCJC letter, dated April 20, 2009, advising that commissioners voted to

dismiss the Exhibit 1, signed General Counsel Bobby L. Warneke, Jr.

"the Request for Reconsideration, timely filed May 13, 2009.

SCJC letter, dated February 9, 2010, advising that Exhibit 4 was

" ... denied because the additional evidence... . .. provided... . .. does not contain an allegation of judicial misconduct under the Texas Code of

JUdicial Conduct," signed Executive Director Seana B. Willing

1 Article 5, Sec. 1-a (7) of the Texas Constitution: The Commission shall keep itself informed as fully as may be of circumstances relating to the misconduct or disability of particular persons holding an office named in Paragraph A of Subsection (6) of this Section, receive complaints or reports, formal or informal, from any source in this behalf and make such preliminary investigations as it may determine. Its orders for the attendance or testimony of witnesses or for the production of documents at any hearing or investigation shall be enforceable by contempt proceedings in the District Court or by a Master.

MEMORANDUM

On February 9, 2010, Executive Director Seana B. Willing issued a letter (Exhibit 5) denying the Request for Reconsideration (Exhibit 4) of the Complaint (Exhibit 1). Executive Director Willing

states that the " ... additional evidence ...... provided ...... does not contain an allegation of judicial misconduct under the Texas Code of Judicial Conduct." Executive Director Willing proceeds to erroneously rule that Texas Government Code §33.0352 allows the SCJC staff to deny the Request for Reconsideration without your involvement. Texas Government Code,§33.035, Subsection (a) does not require that the additional evidence " ... contain an allegation of judicial

misconduct." Texas Government Code, §33.035, Subsection (a) only requires that I timely provide the additional evidence, and that the additional evidence supports the allegations . already articulated in the Complaint.3

The Request for Reconsideration was timely filed and contained additional evidence· supporting the allegations in the Complaint, therefore, the requirements of Texas Government

Code, §33.035, Subsection (a) were therefore satisfied. Consequently, you are required, pursuant to Texas Government Code §33.035, Subsection (c), to grant my request for reconsideration.

2 Texas Government Code 33.035: (a) A complainant may request reconsideration of a dismissed complaint if, not later than the 30th day after

the date of the communication informing the complainant of the dismissal, the complainant provides additional evidence of misconduct committed by the judge.

(b) The commission shall deny a request for reconsideration if the complainant does not meet the requirements under Subsection (a). The commission shall notify the complainant of the denial in writing.

(c) The commission shall grant a request for reconsideration if the complainant meets the requirements under Subsection (a). After granting a request, the commission shall vote to: (1) affirm the original decision to dismiss the complaint; or (2) reopen the complaint.

(d) The commission shall notify the complainant of the results of the commission's vote under Subsection (c) in writing.

(e) The commission shall conduct an appropriate investigation of a complaint reopened under Subsection (c)(2). The investigation shall· be conducted by commission staff who were not involved in the original investigation.

(f) A complainant may request reconsideration of a dismissed complaint under this section only once.

3· The evidence provided in the Complaint and the additional evidence provided in the Request for Reconsideration supports the allegations that David Lee 8ridges, Place 6 Justice, Court of Appeals, Fifth Judicial District of Texas, willfully violated Texas Code of Judicial Conduct Canons 2(A); 2(8); 3(A); 3(8) (1), (2), (5), (6), (8) and (9); 3(C) (1) and (2); 4(A); 4(D); and 5(1)(i). (See Exhibit 1, under "IV. ALLEGED VIOLATIONS OF THE TEXAS CODE OF JUDICIAL CONDUCT".)

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MEMORANDUM

Pursuant to Texas Government Code §33.035, Subsection (c), you must vote on this matter; however, Article 5, Section 1-a (7) of the Texas Constitution requires that your vote be informed

by all of the evidence that has now been provided you.

Finally, General Counsel Warneke's (SBOT #20868600) misrepresentations4 . of the allegations

made in the Complaint, and Executive Director Willing's (SBOT #00787056) misinterpretation of

Texas Government Code exposes serious integrity problems with the SCJC bureaucracy.5

Consequently, by copy of this memorandum, I am notifying the state agencies responsible for

appointing and overseeing SCJC staff and commissioners about these serious problems.

Sincerely,

Roger K. Parsons, Complainant in CJC # 09-0380-AP

enclosure: CD containing electronic copies of Complainant's correspondence with SCJC in CJC # 09-0380-AP (identified herein as Exhibits 1-5)

DISTRIBUTION

James Richard "Rick" Perry, Governor Office of the Governor, State of Texas P.O. Box 12428 Austin, Texas 78711-2428 BY USPS CMRR: 7008 2810 0001 8907 8436

Wallace B. Jefferson, Chief Justice Supreme Court, State of Texas P.O. Box 12248 Austin, TX, 78711-2248 BY USPS CMRR: 7008 2810 0001 8907 8443

4 The Request for Reconsideration questions the veracity of General Counsel Warneke's claim in his letter (Exhibit 3) that SCJC staff under his direction conducted a thorough investigation of the allegations made in the Complaint. The veil of secrecy shrouding SCJC investigations and proceedings conceals information that could be used to evaluate the veracity of General Counsel Warneke's claim that his staff actually conducted a thorough investigation. However, the commissioners' vote to dismiss the Complaint can be easily understood if the commission heard understatements and misstatements of the allegations in the Complaint similar to those General Counsel Warneke made in his letter announcing the commissioners' vote to dismiss.

5 Some causes of these problems are discussed in the Request for Reconsideration (Exhibit 4).

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MEMORANDUM

Roland K. Johnson, President (SBOT #10787300) State Bar of Texas 1414 Colorado Street Austin, TX 78701 BY USPS CMRR: 7008 2810 0001 8907 8450

Gregory Wayne "Greg" Abbott (SBOT #00794500) Office of the Attorney General P.O. Box 12548 Austin, TX 78711-2548 BY USPS CMRR: 7008 281'0 0001 8907 8467

Jorge C. Rangel (SBOT #16543500) The Rangel Law Firm, PC 615 Upper N. Broadway, Suite 2020 Corpus Christi, TX, 78477 BY USPS CMRR: 700828100001 89078474

Jan P. Patterson, Justice (SBOT #15596500) Texas Third Court of Appeals P.O. Box 12547 Austin, TX, 78711 BY USPS CMRR: 7008 2810 0001 8907 8481

Janelle Shepard, Executive Director Texans for Texas! 190 Clear Lake Lane Weatherford, TX 76087 BY USPS CMRR: 7008 2810 0001 8907 8498

Sid L. Harle, Judge (SBOT #09014800) Texas 226th District Court 300 Dolorosa, Suite 2081 San Antonio, TX, 78205-3005 BY USPS CMRR: 7008 2810 0001 8907 8504

Ann Appling Bradford, Registered Agent Centers for Children and Families, Inc. 1004 N. Big Spring Street, Suite 325 Midland, TX 79701-3383 BY USPS CMRR: 700828100001 89078511

Michael R. Fields, Judge (SBOT #06975820) Harris County Criminal Court at Law #14 Harris County Criminal Courts Build 1201 Franklin 11 th Floor Houston, TX, 77002 BY USPS CMRR: 7008 2810 0001 8907 8528

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MEMORANDUM

Tom Alan Cunningham, SBOT #05244700 Cunningham, Darlow & Zook, LLP 909 Fannin Suite 3700 Houston, TX, 77010 BY USPS CMRR: 7008 2810 0001 8907 8535

William "Bill" Lawrence, CEO B Lawrence Consulting, LLC 211 E. 7th Street, Suite 620 Austin, TX 78701-3334 BY USPS CMRR: 7008 2810 0001 8907 8542

Patti H. Johnson, Member State Board for Educator Certification 1701 N. Congress Avenue, WBT 5-100 Austin, Texas 78701 BY USPS CMRR: 7008 2810 0001 8907 8559

Joel Patrick Baker, County Judge (SBOT #00798043) County Judge, Smith County P.O. Box 2044 Tyler, TX, 75710-2044 BY USPS CMRR: 7008 2810 0001 8907 8566

Edward J. Spillane, III (SBOT #00786255) College Station Municipal Court 300 Krenek Tap Road College Station, TX, 77842 BY USPS CMRR: 7008 2810 0001 8907 8573

Steven L. Seider (SBOT #18000400) North Dallas Government Center 10056 Marsh Lane Dallas, TX, 75229 BY USPS CMRR: 7008 2810 0001 8907 8580

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