Event TODAY to Honor Our Hardworking Court Clerks
 

Judge Bonnie Hellums should follow the law and live up to her moral obligation to protect children.  Judge Hellums must stop taking away children from parents simply because they did not attend a four hour parent education class.  She should also stop dismissing cases simply because orders are not ready on the one and only entry date her court will allow.

I am not suggesting this because of a bad result I have personally experienced in her court.  I can truthfully say my clients have never lost in her court.  Judge Hellums once awarded me $50,000 in interim fees.  I am not some fringe crackpot out to get her. I am a board certified attorney with 26 years of experience and the sad truth is that everyone knows what Judge Hellums is doing is wrong.  Even the attorneys who seemingly spend all their time in her court and get almost all of the court appointments in her court will privately admit there is no way to justify or defend what Judge Hellums does.  

I sincerely tried to resolve my issues with Judge Hellums with a private letter sent weeks ago that she never responded to.  I offered to meet with her to persuade her to change her practices because I did not want to write this column and start this crusade.   I do admire a lot of what Judge Hellums has done, including her drug court, her efforts to get a new family law center and her strict ban on chewing gum.  I think she is personally charming and her husband is a great guy.  But none of that changes what is scarily wrong and unfair.  

No other family court judge in Harris County (or this state) would take children from a mother without pleadings or evidence simply because the mother did not attend a largely worthless four hour class for divorcing parents.  I have sat in court and seen Judge Hellums order that a mother who had not attended the class could not have her children that night even when the father before the bench was saying he couldn't possibly take them.  A judge cannot take kids from one parent and order they go home with the other parent against the parents' agreement and wishes and without any hearing or evidence on what is best for the children.  It violates the constitutional right to due process and it violates every principle of the Texas Family Code that says a judge must decide on the children's best interests.  Moreover, sanctions without warning, pleadings, notice or a hearing are unconstitutional and illegal.  Most importantly, a judge cannot sanction a parent by endangering the kids!  A reasonable judge might delay finalizing the case and order the parent in open court to attend the class in the next week, but would never take the children away as a punishment! 

So why hasn't anyone stood up and complained or filed a mandamus against Judge Hellums over this?  When I have seen it happen in her court, I was each time waiting my turn to represent a client in front of Hellums and I did not want to prejudice the case against my client.  Some poor working mother cannot afford $10,000 or more for a mandamus action to the court of appeals when it is far quicker and cheaper just to go take the stupid class.  It is not just the self-interest of lawyers which allows family court judges to get away with bad behavior, it is simple economics. 

Judge Hellums also must stop dismissing cases without exception because an order is not ready on the one and only entry date you will ever get in that court.  While I share her frustration with lawyers who do not take care of business, it is insane to dismiss a father's modification case where he has been given temporary custody simply because the mother's lawyer did not turn in an order on an ancillary matter such as a motion to compel discovery.  Why should the other party, and, most importantly the children, suffer because the lawyer for the other side did not do her job?  ALL other judges in Harris County will cut some slack on entry dates if there is a good reason (and often if there is no good excuse at all for more time).  This draconian policy makes no sense, is unfair, actually wastes judicial resources and also ignores the best interests of the children.

The good work Judge Hellums has done in her career as a judge is sadly being overshadowed by her impossible-to-explain behavior on the bench now.  The family bar (who all gossip and share these stories) should stand up together for what is right, what is legal and what is best for children.    

To be fair to Judge Hellums, I will print verbatim in my next newsletter her response to this column (as long as it is roughly the same length).  I am not out to demonize her, but rather change her ways. 

  

 Patricia Grady to Seek Election for Galveston County District Clerk  

 

Patricia Grady, a well liked attorney (and wife of Judge John Grady), is seeking the Republican nomination to be Galveston County District Clerk.  Mrs. Grady currently works as Legal Liaison for County Judge Mark Henry.   Doryn Danner Glenn, the interim District Clerk, appointed to replace Jason Murray who resigned (and is now in Harris County jail), is not seeking election to the position.  A new District Clerk will be elected in the November general election.  Since the primaries have already passed, each party will select its nominee by a vote of the county precinct chairs.  The Democrats have regrettably nominated Latonia Wilson, who previously served as District Clerk (my next newsletter will remind folks of what she did to her office after she was defeated in 2008).  The Republicans are expected to select their nominee later in the summer.  Mrs. Grady resigned as a GOP precinct chair to seek this office.