The Enos Law Firm
17207 Feather Craft Lane, Webster, Texas 77598
(281) 333-3030 Fax: (281) 488-7775
E-mail: greg.enoslaw@gmail.com
Please forward this e-mail newsletter to everyone who cares about our family courts!
Click here for an archive of past issues of The Mongoose.
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The worst Harris County family court judge in living memory, Denise Pratt, is gone. Pratt resigned Friday and suspended her reelection campaign (see story below). Pratt even called Alicia Franklin to inform her and wish her good luck in November. This is NOT an April Fools' Day joke! This newsletter has now played a role in the conviction of one judge and the removal or resignation of two elected judges, an associate judge and a district clerk. My goal is not to get people in trouble, but rather to improve our family court system so that it is fair and efficient.
If I have achieved anything in the last two years in publishing this newsletter, it has been to change the legal culture in Houston's family law bar. For the first time, lawyers came out publicly and stood up to a really bad judge who was hurting families and children. A large number of goodhearted, brave attorneys worked together to get Pratt out of office. There should be no joy at Pratt's downfall, but instead justified relief for the families who will not be judged by her and pride in what we have accomplished together.
I do not expect to win every case. I just want an efficient system in which my client gets a fair hearing before 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
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 Judge Pratt Resigns!
Judge Denise Pratt resigned Friday and suspended her reelection campaign. Click here to read the Houston Chronicle story, which includes Pratt's statement. Here is what we know or can assume about what happens next: - It is too late for Judge Pratt's name to be removed from the May Primary Runoff election ballot. Alicia Franklin still needs to win her primary election. If Pratt were to somehow win the primary runoff even after her resignation, she could file a written withdrawal of her candidacy and the Harris County Republican Executive Committee would appoint a candidate to run as the GOP nominee.
- Associate Judge Newey serves at the pleasure of the Judge of the 311th and will be re-sworn in today by Judge Farr, the Presiding Family District Judge.
- Retired Judge Doug Warne will reportedly fill in as a visiting judge in the 311th until a new judge in appointed by the Governor.
- Governor Perry will appoint a judge for the 311th, who will serve until the ballots are canvassed following the November 2014 General Election. Alicia Franklin is the obvious choice for that appointment and various GOP power players are working on that now. It could take a few weeks before a new judge is appointed.
- Based on calls made by the District Attorney's office to witnesses on the day Pratt resigned, many assume that the D.A. gave Pratt a choice: resign or get indicted. I cannot verify or refute this rumor and Pratt of course maintains her innocence to the three criminal complaints I filed against her.
- Pratt could still face criminal charges. In the real world, most criminals are not given the choice of avoiding indictment if they quit their jobs. The choice to resign and not face criminal charges is an option that, in Harris County, seems only open to white Republican elected officials. Just last week, a former investigator for the Harris County Public Defender's Office was convicted of tampering with a government record (he wrote a fake ticket) and he got 90 days in jail, five years probation for the tampering charge, and was ordered to perform 200 hours of community service. Click here to read a news story about this man who appears to be not nearly as lucky as Pratt.
- Please remember that a high qualified Democrat, Sherri Cothrun, is running for the 311th and we cannot all just assume that Ms. Franklin will be the judge of the 311th for the next four and a half years.
- No one should feel sorry for the ass-sucking toadies who will really miss Pratt and the big fees she awarded them. We should especially feel no pity for those suckers who gathered for a $2,500 per person fundraising dinner for Pratt just three days before she resigned. George Clevenger was hitting people up for big contributions for Pratt up to the day before she resigned. I wonder how much influence George will have in the 311th now?
 Proper Courtroom Behavior
I surveyed many of our family court judges to get their suggestions for basic courtroom decorum (and yes, most judges are willing to talk to me). Every day in court, I see some of these simple rules being violated by attorneys who should clearly know better. Our judges really want all lawyers to:
1. Stand when the judge (or jury) enters or leaves the courtroom.
2. Stand when speaking to the judge. Do not remain seated at counsel table when addressing the judge.
3. Do not walk across the "well" of the courtroom when someone else's hearing is in progress. The "well" is the area between the counsel tables and the bench. If lawyers are before the judge on a matter, walk around behind the counsel tables.
4. In a hearing or trial, ask to approach the witness each time or ask the judge if you have permission to do so as needed so you do not have to ask over and over.
5. When the judge is on the bench and your case is not before the judge, speak in a whisper or go out in the hall to talk.
6. Do not interrupt the judge.
7. Do not interrupt other counsel, or get angry or emotional with opposing counsel. Stay calm and professional.
8. No matter how well you know the judge outside of the courtroom, in court be formal and respectful and not overly familiar with the judge.
9. Dress like a lawyer. Men: wear ties. Women: dress for court, not a night club or pajama party.
10. Accept an adverse ruling like a professional, no matter how much you disagree with it. Do not cry or throw a temper tantrum when your client loses.
11. It makes everyone's life easier if you follow the local rules and let a court know that you are going to be late and where you are. If you know you are going to be late ahead of time, let the other side know ahead of time so clients and lawyers can plan accordingly.
12. Treat court staff and personnel with respect and dignity. They, almost universally, want to make your life easier if you will just let them help. Do not yell or curse at the court staff.
13. Enos: Do not roll your eyes when the judge disagrees with your understanding of the rules or law.
Judge Jan Yarbrough in Galveston also wanted to remind lawyers to "school" their clients on what to expect in court. Please tell your clients how to behave and dress in court: no shorts, no gum and no cell phones on in court.
GOP political consultant Alan Blakemore held a hastily convened press conference in the basement auditorium of Bruce Baughman's house to explain why his client, Denise Pratt, resigned and why his other client, District Attorney, Devon Anderson, never got around to indicting Judge Pratt.
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"Together, attorneys can improve our family courts!"
In this issue...
Judge Pratt Resigns
April 29 Candidate Forum and Property Divsion Seminar
Dress Code for Female Attorneys?
Good Bye Iris Robinson
Schmude Lunch Today
Proper Courtroom Behavior
New Appellate Case on Admitting Text Messages
"I want to be remembered
as one who tried."
How about you?
Dorothy Irene Height (March 24, 1912 - April 20, 2010) was an American educator and a civil rights and women's rights activist. She was the president of the National Council of Negro Women for forty years and was awarded the Presidential Medal of Freedom in 1994 and the Congressional Gold Medal in 2004.
April 29 Candidate Forum, Straw Poll and Property Division Seminar
Please plan to attend an event for a new general purpose Political Action Committee, Republican Moms for Good Judges. Maisie Barringer, Marcia Zimmerman, Shari Goldsberry, Christina Tillinger and Catherine Healy have formed this PAC to promote the election of high quality judicial candidates.
Please mark your calendar for this event: Tuesday, April 29 at Irma's Southwest Grill:
Lunch: Candidate Forum and Straw Poll featuring the Republican runoff candidates for the 247th in Harris County and the 306th Family District Court in Galveston County. Attorneys who pay to attend the seminar will be able to vote in a "straw poll" that rates the candidates and selects the most qualified in each race.
Seminar: "The Ultimate, Practical Property Division Seminar" will be presented for 2.5 hours of CLE credit, featuring some of the best lawyers in the Houston area. The seminar costs $100 per person and I personally guarantee you will consider it one of the most useful seminars you have ever attended. I will refund half of the cost of the seminar to you if you write me later and say it was not one of the most useful seminars you have been to.
The seminar and lunch program cost $100, which will be a donation to Republican Moms for Good Judges.
E-mail Catherine Healy at my office for registration forms at: catherine@enoslaw.com
Attendance will be limited to 120 attorneys, so register early!
Enos Legal Directories Are Free On The Internet
My new, 2014 Galveston County/Clear Lake Legal Directory and my 2013 Harris County Family Law Directory are free on-line. Click here to go to my directory page where you can search attorneys in my database, send me corrections and even download a free, black and white PDF of my legal directory.
Dress Code For Female Attorneys?
Click here to read an article "Female Lawyers Who Dress Too Sexy Are Apparently a Huge Problem In the Courtroom." For every "too sexy" attorney I notice, I see 20 women lawyers who are dressed far too causally in clothes that are clearly not the equivalent of the suit and tie I am expected to wear.
John Schmude Lunch Today!
John Schmude is hosting a lunch today at Treebeard's so that attorneys can meet him and ask questions. Schmude is competing with Meca Walker in the GOP primary runoff election for the 247th Family District Court to succeed Bonnie Hellums, who is retiring.
Schmude is not asking for contributions or support, but rather open minds and a willingness to get to know him, no matter how much you may respect Judge Walker. Schmude sent out a letter that said:
I am ....writing you to invite you to a "no strings attached, no contribution requested, no support implied, buy your own lunch, meet the candidate" luncheon set for Monday, March 31 at 11:30 am at Treebeards located at 315 Travis St, Houston, TX 77002.
Good Bye Iris
Houston family attorneys mourn the loss of one of the legends of our profession, Iris Robinson. Click here to read her obituary. We each would do well to leave behind us as much love and respect as this good lady did.
New Case on Authenticating Text Messages
A new criminal case from the Corpus Christi Court of Appeals provides guidance on how to admit text messages into evidence, a big issue for family law attorneys. Click here for a PDF of the entire decision. In this case, Butler v. State, No. 13-12-00608-CR (Tex. App. - Corpus Christi 3/27/14), a conviction for aggravated kidnapping was reversed because the trial court erred by admitting text messages supposedly from the defendant to his victim (and girlfriend).
The court relied on Tienda v. State, 358 S.W.3d 633 (Tex. Crim. App. 2012), which said that authenticating electronic evidence (proving it is what the proponent says it is) will depend on the type of electronic communication and the circumstances.
This is a quote from this new case about authenticating text messages:
The court of criminal appeals recognized that printouts of electronic evidence, like text messages, have been admitted into evidence "when found to be sufficiently linked to the purported author so as to justify submission to the jury for its ultimate determination of authenticity."
Such a prima facie showing of authenticity has been established when: (1) the sender admits authorship or was seen composing it; (2) business records of a cellular phone company have shown that the message originated with the purported sender's cell phone under circumstances in which it is reasonable to believe that only the purported sender would have had access to the cell phone; (3) the communication contained information only the purported sender could be expected to know; (4) the purported sender has responded to an exchange of electronic communication in such a way as to indicate circumstantially that he was in fact the author of the particular communication; or (5) other circumstances, peculiar to the facts of the particular case, have sufficed to establish at least a prima facie showing of authentication.
The Tienda Court also noted, however, that the "provenance of such electronic writings can sometimes be open to question" because "computers can be hacked, protected passwords can be compromised, and cell phones can be purloined. . . ." As a result, evidence of a text message purporting to come from a cell phone number assigned to the purported author, without more, typically has not been sufficient to support to support a finding of authenticity.
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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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