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 to everyone on your e-mail contact list!
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Dear Chris:
It hurts me to think you are going to read this just like it hurts me to feel compelled to write this because of your actions. Please do not come shoot me or hurt yourself because of this newsletter. Please just focus on the job you were elected to do and just stop issuing crazy orders and insane e-mails about your fellow elected officials. Start recusing yourself as soon as anyone asks you to and stop holding lawyers and your fellow judges in contempt and please, stop drafting pleadings and freedom of information request letters for your new girlfriend and do not fax them to me from the courthouse. If you cannot control yourself (and it may well be too late), you are going to lose your bench, your law license and custody of your kids. This is one time when you really should listen to me. I am sorry it has come to this because I truly tried to help you. My goal was always and simply to see you do a good job.
Greg
_____________________________________________________________ Dear Reader, A lot of things in life are more important to me than this newsletter. I am a pseudo-journalist as a hobby but I take very seriously my role as a father and attorney. I have criticized some judges in the last year, but I have purposefully ignored or gone easy on Galveston County Court No. 3 Judge Christopher Dupuy because I did not want to see any innocent folks I care about embarrassed because I got involved in the public controversies Dupuy has generated. However, Dupuy's own actions have now drawn me into the mess he had created, to the point where I had to write the DA about behavior that could be criminal and is certainly horribly inappropriate (Dupuy would deny any crime and I do not know one was committed). Click here to see a redacted copy of my letter to the District Attorney about Judge Dupuy's actions, which supplies facts that make it seem likely a crime has been committed (it may not have been) but which proves beyond a shadow of a doubt Dupuy exercised incredibly bad judgment.
I was slow in part to focus on Dupuy because I am also a lawyer representing clients with cases pending in his court. I can disagree with Judge Yarbrough and not worry that she will penalize my clients, but I cannot say that about Judge Dupuy. Now, I will be sharing this newsletter with my clients and either filing motions to recuse or finding other lawyers to substitute for me.
There was also the delicate fact that I was the arbitrator in Dupuy's divorce who awarded him custody of his two young children (before he was elected judge in the 2010 Republican landslide). At that time, I did not know Dupuy and I had never dealt with him professionally. I feel any judge would have ruled as I did based on the evidence presented, but that fact made me even more reluctant to publicize his conflicts with a few other lawyers.
In reality, I was reluctant to focus the spotlight on the Dupuy story because I was too much a part of the story. When Dupuy was elected, I made the decision to try to get to know him and steer him in the right direction since it appeared he might be a judge in our county for many years if he did his job right. Rather than sit on the sidelines and just observe, I as usual jumped right in and tried to suggest how he should do his job as a judge in hopes he would get it right. Although, I actually had very few contested cases in his court, in many attorney's minds ,I became very closely associated with Dupuy .
It simply has not been right for me to sit on my high horse preaching to the world about proper judicial behavior while I ignored judicial misbehavior that is simply hard to believe is happening. Brave lawyers like Greg Hughes (and less brave anonymous critics like Don Tequila) should not have to shoulder the fight alone. Moreover, I may disagree with Judges Yarbrough and Radcliffe on one narrow policy issue, but I cannot sit by and watch them lambasted with horribly inaccurate slurs by Dupuy.
A book could be written about what Judge Dupuy has done wrong in the two short years he has been on the bench. This newsletter barely skims the surface of his misdeeds but it still reads like some lame fiction a Scott Turrow wannabe would pen.
As you will read below, I do more than say Judge Dupuy should resign (he never will) or be removed. I suggest a way for lawyers, and our County Commissioners, if they have the guts, to file a suit allowed by Texas law to force Dupuy out of office. I am not sure that the District Attorney, however motivated he is, will have enough to pursue criminal charges against Dupuy. My letter to the DA supplies facts which make it look like that Dupuy may have committed a crime, but I do not know he has and frankly I hope he has not. I certainly have no faith now in the Commission on Judicial Conduct doing anything about the many complaints it has received about Dupuy.
Dupuy's fellow judges want him gone as do most of the Republican officials who were elected with him in 2010. Attorneys spend a lot of time gossiping about him but few act. The Galveston Daily News just a year into Dupuy's term in January 2011 published an editorial saying he should resign. Many complaints have been filed with the State Bar and the Commission on Judicial Conduct. Yet, Dupuy still holds office. It is time to change that and we cannot afford to wait until he is defeated in 2014.
I am writing all of this with a sharp sense of regret, because I became something of a friend to Dupuy for a short time after he was elected. I tried to be a mentor when he was first elected and I came to know and actually like the guy even as it turns out he was taking advantage of my friendship. I know Dupuy has good qualities as well, and that makes what he has done to himself even more of a shame.
Greg Enos (281) 333-3030 greg@enoslaw.com
Yo, your honor, the Mongoose is watching you!
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Judge Dupuy Should Be Removed From Office (and here's how to do it)
Judge Dupuy should resign, as the Galveston Daily News called for a year ago. However, Dupuy will never resign. He needs the salary, the benefits, and the prestige too much.
I suggest that as many attorneys as possible band together and file a lawsuit under Sec. 87.01 of the Local Government Code. That law allows any citizen who has lived in Texas for six months to file a suit to remove a county official for incompetency, official misconduct or intoxication. Sec. 25.0006(b) of the Government Code says that a judge of a statutory county court can be removed from office in the same manner and for the same reasons as a county judge and so Sec. 87.01 would apply to Dupuy. The lawsuit would have a lot more power if people like the County Commissioners and Barbara Meeks, the Republican County Chair, joined the lawsuit.
Sec. 87.015 requires the petition for removal to be very specific in its factual allegations. Sec. 87.017 says that the District Judge hearing the case may temporarily suspend the officer and may appoint another person to perform the duties of the office but a bond must be posted by the plaintiffs. Sec. 87.018(a) requires a jury trial. Sec. 87.018(d) says that the county attorney shall represent the state, so clearly it is contemplated that the county or state may be a party seeking to remove an elected official.
I am organizing a meeting of attorneys willing to be plaintiffs in this lawsuit to meet and plan for a lawsuit to remove Judge Dupuy. We will need specific factual allegations and attorneys willing to sign affidavits and attach documents proving the misconduct.
Click here to read the applicable law on this sort of lawsuit to remove a local elected official.
The Unbelievable Judge Dupuy Story
Even a story of just the highlights of Judge Dupuy's misdeeds in his two years in office is too long to be typed into the body of his newsletter. In fact, it is turning out to be a small book. It should be ready by my next newsletter unless Dupuy does something else amazing. However, let me just throw out nine items out of the dozens of important misdeeds Dupuy has committed. As always, I am giving Judge Dupuy an open invitation to provide me his side of the story and I will print what he sends me verbatim.
Consider the following:- Dupuy is being sued in one pending legal malpractice case arising from his work before he was elected. In that suit since Dupuy became a judge, he has refused to provide his deposition, been hit with multiple orders to compel discovery, he has filed motions to recuse the judge (twice), been sanctioned $7,500 for filing frivolous motions to recuse, and he filed Chapter 13 bankruptcy just to put this case on hold. His bankruptcy was dismissed in December 2012.
- Dupuy agreed to a $25,000 judgment against him in another legal malpractice case in 2010 and that plaintiff has pursued him since he was elected to collect on the judgment. Dupuy has also refused to give his deposition in that case and has also filed a motion to recuse the judge. A wage withholding order takes $600 a month out of his judge's pay to partially satisfy the judgment.
- Dupuy presided over a child custody case that was set for a jury trial on a Monday. At the Friday pre-trial conference, it was clear that one of the lawyers, Kathleen Collins, was not prepared for trial. Dupuy tried to get the parties to agree to waive the jury, but the other attorney, Jack Ewing would not agree. On Monday morning, Ewing showed up for trial only to be told by Dupuy that he had recused himself because the prior Friday afternoon Dupuy had hired Collins to represent him in in one of his malpractice cases filed against him. That same year, attorney Greg Hughes filed a motion to recuse Dupuy in a case involving Ms. Collins and Dupuy this time refused to recuse himself. At the recusal hearing before another judge, Hughes called Dupuy's ex-wife to testify about Dupuy's relationship with Ms. Collins, including the fact that Dupuy and his kids had spent a lot of time at Collins' house and that Dupuy sent his kids' school a letter on court letterhead authorizing Collins to pick up Dupuy's children. Dupuy was recused. Dupuy called Greg Hughes at his office and told Hughes he was "sleazy and unethical" and then Dupuy told Hughes that, "someday you will have to return to my court and I will remember you." Dupuy personally confirmed to me that he made that call. Later, in another personal injury case, the plaintiff's attorney hired Ms. Collins as a local counsel. Neither Ms. Collins nor Judge Dupuy informed the defendants about the prior recusals and eventually a motion to recuse was filed and granted in that case.
- The very next time Greg Hughes appeared in Dupuy's court after Dupuy called him to threaten and berate him, Hughes showed up to represent a man in Dupuy's court against a motion for enforcement and Hughes had his usual motion to recuse. Dupuy took the bench and asked Hughes if he represented the respondent. Hughes said he did and Dupuy said, "I don't think so, you are excused." Hughes barely had time to say he had filed for recusal when Dupuy had the bailiff remove Hughes from the courtroom and then Dupuy proceeded to question Hughes' client without him about why he hired Hughes.
- Dupuy was investigated by the Galveston County District Attorney in 2011 because Dupuy swore in his application to run for judge that he was a resident of Galveston County even though he lived in a rented apartment in Webster in Harris County. Dupuy listed as his residence the address of his ex-wife. The elastic definition of "residence" under Texas election laws prevented the DA from pursuing a criminal charge (something Jack Roady has unfairly been criticized for).
- On his own motion, Dupuy ordered that our part-time Associate Judge Suzanne Radcliffe cannot practice law in Galveston County and then he proceeded to hold her in contempt without a motion, notice, hearing or evidence. The Court of Appeals in December conditionally granted mandamus to set aside those orders under the theory that all litigants are entitled to notice and a hearing before a judge rules against them. Click here to read that opinion. Dupuy basically did the same thing to attorney Lori Laird but there he was even more tricky. Laird filed a motion to recuse Dupuy and on the morning of the hearing Dupuy sent a fax saying he would recuse himself so the recusal hearing was called off. However, Dupuy did not actually sign a recusal order until much later and only after he issued sua sponte the most unusual order of contempt you will ever read. Click here if you want to see this bizarre order issued again without motion, hearing or evidence.
- Dupuy has sent e-mails to another judge threatening to send his bailiff to her court to grab criminal defense lawyers who Dupuy thought were being held up too long in district court. Dupuy sent a horrible e-mail to many folks claiming Judge Yarbrough was violating the law and funneling money to her associate judge and he suggested many family law cases might be void because of their actions. He even suggested an investigation by the Texas Rangers. The entire diatribe was overblown, false and showed how off his rocker Dupuy is (even if he was trying to agree with me). Lastly, Dupuy got really mad when his ex-wife filed a petition for enforcement against him and the case was assigned it own new cause number and not immediately sealed like his divorce file is. Dupuy sent a chain of bizarre e-mails throwing a fit and threatening to hold the District Clerk or her staff in contempt (as he clearly likes do to). Click here to read the amazing e-mails Dupuy sent threatening the District Clerk in a case where Dupuy himself was a party!
- Dupuy was just sued on January 10, 2013 by his own uncle for failure to repay a loan of $25,000 taken out on November 3, 2010 (the day after he was elected!). Click here to read this new lawsuit and to see the sad promissory note that begins ironically, "On my good name I promise to repay you $25,000..." and ends,"Executed by your loving nephew on November 3, 2010."
- Dupuy has resisted providing his sworn testimony in deposition or hearing in the malpractice lawsuits against him or in the many motions to recuse. In an very unusual move, the State Bar has filed a suit to force Dupuy to give his deposition regarding pending grievances against him. This Uber-secret lawsuit is not even indexed by the District Clerk but it is pending and was delayed only because Dupuy objected to the judge assigned to that case in December.
Remember, this short list just barely scratches the surface of what Dupuy has done. The full story will hopefully be ready next month. Also remember, that before he was elected Judge in the 2010 GOP landslide, Dupuy had filed for bankruptcy, had a house foreclosed on and two cars repossessed, had his law license suspended for six months (probated) for misleading advertising, and was unable to keep any job with law firms before he started his own firm, where he was sued twice for malpractice and once by me to recover a client's funds from a house sale that Dupuy had taken for fees that were so excessive he ended up returning 60% of the money.
Judge Dupuy has created a huge mess mostly on his own, but with some help from others. However, like all humans, Dupuy has both good and bad qualities. He is not pure evil like his ex-wife and the lawyers who hate him so much seem to think. He has good qualities as well and the shame of it is that he had such potential to be a good judge. Dupuy is smart, he reads pleadings before hearings and he does his own legal research. He treats most (but clearly not all) attorneys with proper respect and he is not writing horrible things about all of his fellow judges. Dupuy can be very personable and he is certainly a very dedicated parent.
However, none of Dupuy's good qualities come close to making up for his defective moral compass that for some reason causes him to almost always make the wrong ethical decision. Dupuy also seems compelled to go out of his way to gratuitously make enemies and to ignore the fact that he is under such close scrutiny.
There is blame to be shared for this mess Dupuy has created and no objective observer would look into this mess and not say "Shame" on others as well. Do not get me wrong - Dupuy bears 90% of the blame for this embarrassing disaster. However, I also say:
- Shame on the voters who elected Dupuy by voting a straight ticket and ousting a fair, experienced, kind, wise and totally ethical Judge Roy Quintanilla.
- Shame on the State Bar of Texas and the Commission on Judicial Conduct for not taking action sooner to disbar or remove Dupuy.
- Shame on some of the lawyers Dupuy has done wrong, because a few of those lawyers are acting almost as bad as Dupuy. There are ethical, respectful ways to deal with a judge like Dupuy and he will eventually get what he deserves. However, it is just as wrong for a lawyer to overreact and make a fool of herself by ridiculing the judge in ways that also make her look stupid and by filing pleadings and sending letters that bend the truth and which drag innocent people into the mud along with Dupuy. The moral justness of the cause of those who oppose Dupuy is eroded if we act unethically or improperly or if we behave ourselves in ways that demean our justice system.
- Shame on the vast majority of attorneys who are going to stay silent and sit on the sidelines and just watch while a few of their colleagues oppose Dupuy. Lawyers who know Dupuy is doing wrong should do more than just shake their heads and gossip about it.
- Shame on me for taking so long to call for Dupuy's removal. I can criticize other judges for their errant ways but those misdeeds all together pale into insignificance next to what Dupuy has done. My relationship with Dupuy is more complicated than most, but that is a lame excuse. Dupuy was a total stranger to me when Judge Yarbrough referred Dupuy's divorce case to me to mediate (before the parties agreed for me to be their arbitrator). Then, later I had a divorce case against Dupuy, which was my only case against him as opposing counsel. I had to sue him to try to recover the sale proceeds of the parties' house which I alleged Dupuy had wrongly taken. He eventually returned most of the funds (which may be why he had to borrow $25,000 from his uncle on November 3, 2010). I campaigned for Judge Quintanilla against Dupuy. Then, in a landslide, the Republicans were swept into office, including Dupuy. I decided it would be worth a try to mentor Dupuy and try to guide him (boy, was I wrong). Three days after the election I took Dupuy to dinner and told him:
Most people do not know you and the few who do think really bad things about you. This is a chance for you to start fresh and just be a good judge and impress people with how you do your job.
I also warned him that he would be under close scrutiny because his ex-wife was looking for dirt on him. I set up a meeting for Dupuy and most of the local family law attorneys. I argued with him and had some influence on his new procedures and forms for family law cases. I included Dupuy in my monthly poker games with a few lawyer buddies and I even invited him to my house (something I almost never do with judges and something I definitely regret doing with him). By last summer, I had decided to not socialize with Dupuy and to distance myself from him. That did not stop me from giving him advice, such as when he decided abruptly to fire his entire courtroom staff (I e-mailed Dupuy to ask,"are you f***ing crazy?"). I met with Dupuy last Fall and told him to his face that he was toast and had zero chance of being re-elected. I urged him to just do his job, keep a low profile and not make any more enemies. Sadly, he was not listening.
Last year, I cooperated with the District Attorney when they investigated Dupuy for allegedly lying on his application to run for judge since he actually did not live in Galveston County at the time he filed. I shook my head when Dupuy did his dirty deeds with Jack Ewing and Greg Hughes. I repeatedly warned Dupuy he should not appoint as mediator any attorney he was dating (he did not listen). I told him when he should automatically recuse himself (he did not listen). However, it was not until Dupuy stuck his nose into my argument with good Judge Yarbrough that I criticized Dupuy for the first time in my newsletter. I still practiced before Dupuy even after I had harshly criticized him and to his credit, he continued to treat my clients fairly. Now, however, Dupuy has done something that caused me to write my letter to the District Attorney and to file a complaint with the Commission on Judicial Conduct. I have decided it is finally time for me to be consistent and true to what I claim to be fighting for. This issue of my newsletter is written with reluctance and some amount of sadness, but it simply has to be said. However, shame on me for taking so long.
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Revised 401(k) Paper I received a lot of feedback from lawyers and judges on my paper on 401(k) plans in divorces. So, I have done a major revision on the section on 401(k) loans. I am confident that the approach I describe to such loans is supported by most other family law attorneys and judges who have studied the subject. Click here to download the new, improved 401(k) paper.
District Clerk Internet Access Working Again Internet access to court files through the Galveston County District Clerk's Odyssey system is now most working after being down since mid-December. Contrary to rumor, the system was not taken down by Judge Dupuy to hide the new suit filed against him by the State Bar to take his deposition, or because our new District Clerk, John Kinard, pushed the wrong button. It was a highly technical IT issue that was only resolved after Mr. Kinard raised hell and IT added a new dedicated server for public access. So far, Mr. Kinard is proving very responsive to attorney's issues and suggestions.
New Galveston County Court Listings
Two new judges took office in Galveston County on January 1 and some switched courtrooms, so everyone needs a new list of courts and court staff.
Anonymous Don Tequila Broke The Dupuy Story First
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Judge Dupuy Stars on YouTube (Sometimes with Greg Enos)
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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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"How did this happen? Who's to blame? Well certainly there are those who are more responsible than others, and they will be held accountable, but again truth be told, if you're looking for the guilty, you need only look into a mirror. I know why you did it. I know you were afraid. Who wouldn't be?"
"V for Vendetta"
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