Friday, August 24, 2012


While looking for the court of appeals opinion Pena v. Hernandez, I learned that Ruben Pena filed a last minute mandamus with the Texas Supreme Court. Here is the basic problem - the court of appeals ruled on September 20, 2010, and Ruben failed to file his mandamus until November 2, 2010. When Ernie Hernandez asked for an extension of time to file his appellate brief, Ruben should have taken the matter to the Texas Supreme Court. With the clock ticking the Court of Appeals gave Ernie what he needed to run the clock. In the same way Michael Cowen’s and Ruben Pena’s inaction have allowed Erin Garcia to run the clock, Ruben’s in actions in 2010, allowed Ernie to run the clock.

The mandamus filed by Ruben Pena is not only incoherent, but indicated to the Court Ruben had failed to do his research. The mandamus was easy - had it been filed on September 20, 2010. The Texas Constitution had changed and the printing of the ballot doctrine no longer made the case moot in his case.

No, Ruben chose to prove to the Court his lack of knowledge of the law, and the unreliability of his research. Further, the court was not going to help someone who waited more than 40 days to file his mandamus.

At page 10 he informed the Court it has no inherent powers. Wow - that’s gutsy - Not even I have ever been that gutsy. He is simply wrong. Great strategy, wait 42 days to file your mandamus, insult the court, and then misstate the law. Yolanda Begum never had a fighting chance.

Below is from the mandamus I won against Judge Ann Ashby in Dallas. This is the case wherein I eventually sued the Dallas Dioceses among others for conspiracy to steal my client’s documents. My client was the whistle blower who exposed the conspiracy between the then Administrative Judge, Pat McDowell (then Governor Bush refused to reappoint him for his role in the conspiracy) Darryl Jordon, Chief pro bono lawyer for the State Bar of Texas (his firm had donated millions to the State Bar in free legal representation in the IOLTA litigation) and others. People are unaware but client’s money is to be placed in trust accounts wherein the interest is paid not to the client but the State Bar for redistribution to legal clinics around the state such as Legal Aid.)

Contrary to Ruben Pena's declaration the courts have no inherent power, they do. When a lawyer so consistently gets the law wrong in an election contest, why in God’s name would Yolanda Begum hire him as one of her attorneys? Of course when it is all done with, Yolanda will blame everyone but herself.

"See Eichelberger, 582S.W.2dat389. "The [i]nherent judicial power of a court is not derived from legislative grant or specific constitutional provision, but from the very fact that the court has been created and charged by the constitution with certain duties and responsibility." Id. (emphasis added.) The inherent powers of a court are those which it may call upon to aid in the exercise of its jurisdiction, in the administration oflustice, and in the preservation of its independence and integrity. See Eichelberger, 582 S.W.2d at 398."

I want to be clear. I believe criminal acts were committed in the securing of the mail ballots. But because of incompetence the court will never get to the truth. A well informed lawyer would have asked that Judge Banales shorten the answer time to 3 days with a pretrial hearing on day 4. There was just no law or interest in the law how this election contest was filed and prosecuted.


Anonymous said...

Michael Cowan needs to get rid of Pena. I would guess that Pena is doing this for free. His obsession with Ernie is destroying him from within. I have never seen a bigger cry baby.

Anonymous said...

Why would Ruben Pena use the wrong citation (10 days) instead of Election Code 232.012 (5 days) and set the hearing 5 days after date for answer? If I recall, he did it correctly in his own suit, but totally screwed up the trial and appeal. In his trial, he failed to establish that the alleged illegal voters even voted in the contested election as there was also a county judge run-off at the same time.836 S.W.2d 203.

BobbyWC said...

Above are the codes which address the above post. Look I am willing to go after Ruben for his law of knowledge of the law, but on this one I am not sure Ruben has anything to do with it

First - the clerk prepares the citation - not the lawyer - second - lead counsel is Michael Cowen - he should have seen the mistake

Bobby WC