Texas Center for Family Rights (TCFR) applauds the decisions of two Houston area judges to resign from the board of Texas CASA following a decision of the Texas Commission on Judicial Conduct related to a different judge.

        Judge Eva Guzman of the  Fourteenth District Court of Appeals in Houston and Judge Olen Underwood, Presiding Judge of the Second Administrative Judicial Region informed TCFR of their decisions in the past week.

        TCFR President Peter Johnston stated, "Both Judge Guzman and Judge Underwood, when informed of the Commission’s decision, acted in a highly professional way that reflected their concern to uphold the integrity of their positions.  They were two of three judges on the board who had the least direct contact with Court Appointed Special Advocates (CASAs) in their courtroom, yet they understood the importance of upholding the independence of the judiciary."

Johnston continued, "Unfortunately, though we heard from the Commission in June and sent letters on September 13, 2005 to each of the seven judges then on the board of CASA, only one other judge has communicated with us.  Judge Carl E. Lewis, County Court at Law #5 in Nueces County who suffered from a life threatening heart attack in mid-September responded in October explaining his health condition and promised to follow up by mid-November."
 
        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. 

In June of this year Texas Center for Family Rights received a response from the Commission with regard to Judge Sage.  It has yet to receive a final decision back from the Commission regarding Judge Specia.

The Commission made its position clear with regard to Judge Sage’s position with CASA:

"[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."

No Response from Judge Specia, Judge Sage, Judge Shannon or Judge Stansbury

TCFR has received no response from Judge Specia, Judge Sage, Judge Cheryl Lee Shannon of the 305th District Court in Dallas or Judge Thomas Stansbury, a retired judge formerly of the 328th District Court in Fort Bend Count, but who is still eligible to hear CPS cases with CASAs testifying.

        Johnston explained, "Each of the judges received a letter from us in September quoting the Commission’s position and identifying the following basic issues at stake :

        While the initial appearance of judges sitting on the board of Texas CASA may seem benign we cited previous ethics opinions confirming violations of the judicial canon

        We cited specific concerns related to funding of Texas CASA coming from the Department of Family and Protective Services

        We looked at such judges through the eyes of parents appearing in the courtroom for the first time."

      He continued, "We explained that the complete complaints with appendices are available online at www.txcfr.org or, if they preferred, we would sent them a copy by mail.   The complaints represented hundreds of hours of efforts pouring over prior ethical opinions and hundreds, if not thousands of pages of open records document related to CPS and CASA.

        "Furthermore,  Johnston added, "I stated that in principle I am a supporter of CASA.  A truly independent voice on behalf of children could counter an abusive parent’s claims.  Similarly a truly independent voice on behalf of children could counter the unfounded allegations of CPS."

No Response from CEO of Texas CASA, Megan Ferland

        TCFR has made efforts to communicate directly with Megan Ferland, Chief Executive Officer of Texas CASA.  In October of 2004,  TCFR informed her of the complaints and offered to meet personally to discuss the official complaints as well as public perception of CASA.

        Ms. Ferland was also sent a letter on September 13, 2005 informing her of the Commission’s June decision regarding Judge Sage and requesting a confirmation from her that judges on the board had taken the appropriate step of resigning.

        TCFR has received no direct response from Ms. Ferland.

        Johnston 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."

  "Based on their actions there is a legitimate question whether Texas CASA is more concerned with its image and fund raising than it is in its own independent decision making, the true best interests of children and in the independence of the judiciary?