Three Texas judges have resigned from the Board of Texas CASA within the past week.  Their resignations follow a decision by the Texas Commission on Judicial Conduct stemming from a complaint filed in 2004 by Texas Center for Family Rights (TCFR) on another judge who also sits on that board.

Judge Eva Guzman of the  Fourteenth District Court of Appeals in Houston, Judge Olen Underwood, Presiding Judge of the Second Administrative Judicial Region and Judge Carl E. Lewis, County Court at Law #5 in Nueces County have informed TCFR of their decisions in the past week.

Peter Johnston, President of TCFR praised those judges for "acting in a highly professional way that reflected their concern to uphold the integrity of their positions.  They understand the importance of upholding the independence of the judiciary."
        
        He continued, "We are looking to see if the decision of the Commission and the resignations of judges from the Board of Texas CASA could have a ripple effect in other parts of the country."
        
        CASA (Court Appointed Special Advocate) programs operate throughout the United States.
        
        In 2004 TCFR filed complaints with the Texas Commission on Judicial Conduct on Judge John Specia, 225th District Court in Bexar County, and Judge Robin Sage, 307th District Court in Gregg County, including concerns about participation on the board of Texas CASA. 

The Commission mailed a response to TCFR dated June 21, 2005 with regard to Judge Sage.  In its response, the Commission unequivocally stated:

"[T]he Commission is in agreement with you [TCFR] that judges who preside over cases in which CASA volunteers appear before them and testify should not serve on the Board of Directors of such organization since such service raises an appearance of impropriety and reasonably calls into question the judge’s ability to act impartially in such cases…[T]he Commission has cautioned the judge to avoid engaging in such activities in the future."


In mid- September TCFR sent letters to all seven judges on the Texas CASA board and to Megan Ferland, Chief Executive Officer of Texas CASA  to find out how they were responding to the Commission’s decision.   In the letters to the judges TCFR identified the following basic issues in the complaints that were at stake:
        While the initial appearance of judges sitting on the board of Texas CASA may seem benign previous ethics opinions confirmed violations of the judicial canon

        Concerns related to funding of Texas CASA coming from the Department of Family and Protective Services

        Perception of such judges through the eyes of parents appearing in the courtroom for the first time.
The letters explained to each of the seven judges that the complete complaints with appendices were available online at www.txcfr.org, or if they preferred TCFR would send them a copy in the mail.

        TCFR has not heard from Megan Ferland, Judge Specia, Judge Sage or the other two judges remaining on the board.  Johnston wishes Texas CASA and these judges would respond.  He explained, "I have spoken not only with parents who have been in court that sensed an unholy alliance of CPS and CASA but with former CASA workers and CPS workers who have corroborated that problem.  We would like for Texas CASA to address it openly.  I suspect there is a similar problem in other parts of the country."