Attached is a copy of a letter written to stop the Legislature from passing House Bill 1438, which we are challenging in Federal Court based upon Judge Guy Herman’s long-standing practice of violating the separation of powers clause of the Texas Constitution, as well as the unconstitutionality of the entire Trojan horse. It was the Trojan horse the probate cabal hoped to get past everyone without detection to benefit lawyers, not the ward or families. Judge Herman has used Elliot Naishtat for years to funnel bills he clearly had a hand in writing for the benefit of the statutory probate judges and probate lawyers and now uses Senfronia Thompson because she controls what gets on the calendar (and voted on to be passed into law) in the House of Representatives. Her district has few citizens that would ever worry about being subjected to guardianship because it’s poor and largely industries. But she has more power than probably anyone in the House and used it to the public’s detriment in passing this bill.
I wrote the attached warning to the House, Senate, Attorney General and Governor, not knowing how I would challenge the illegal bill passed after no public testimony (illegal) and being placed on the local and consent calendar, which signaled to the public and Senate that the bill had no opposition, which was far from true. In fact, I know 8 witnesses who were there when this bait and switch was pulled on the last day of the session, last bill, 1 in the morning. Judge Herman and his cronies, were seemingly invited at about midnight or after to present the committee substitute which did not resemble the bill presented for public testimony and THAT BILL WAS BAD ENOUGH!
In a serious display of his incompetence, Judge Herman actually testified in April prior to the May hearing and letter that followed to facts demonstrating that he violated the Texas Open Meetings Act (TOMA) by closed door activities which also violated his duties as a judge to not try to legislate. TOMA is civil and criminal for even minor infractions. Judge Herman had only 4 for and we had 8 against so it never should have been noted as unopposed or non-controversial, but it seems he deemed it small potatoes again. We didn’t. The attorney general initially intended to fight us, but it appears that we may win this battle by his exit, overturning the bill for lack of an opponent? We shall see.
I sent a public records request for every email between all of the parties and specifically mentioning my name and learned that when the motive is significant enough, they can change any law they want. Attached you will see the decision to alter your right to public information a mere 2 days after my letter of intent to sue (original letter 5/21). Watch Herman’s reaction on youtube, in which falsehoods are told and he nearly screams to the Senate to pass the bill. It passed but our hope is that the illegal bill stuffed with 8 illegal bills will be trashed by the federal courts. Will they ever stop? Doubt it. They have plans to make probate great again which should scare you.3rd Amended Complaint DKT 30