Friday, August 24, 2012


NOW I JUST FEEL SORRY FOR YOLANDA BEGUM - BUT BAD MOTIVATION ALMOST ALWAY GETS BAD RESULTS

An anonymous post which I rejected because the language was kind of harsh, and two separate phone calls are informing me that at about 5 p.m. Ruben Pena filed an objection to Judge Banales from hearing the case.    I cannot confirm this, although I trust my sources.  I will not allege this as 100% fact until the objection is posted as part of the record to which I have access.


HOW TO PROPERLY OBJECT TO A FORMER JUDGE

I am just trying to be helpful.  Again, I am the prevailing attorney.

http://www.leagle.com/xmlResult.aspx?page=1&xmldoc=19961432932SW2d500_11380.xml&docbase=CSLWAR2-1986-2006&SizeDisp=7

According to the court's docket sheet, on August 6, 2012, Judge Olvera appointed Judge Banales.  Calculating court deadlines is not as easy as it sound.  But assuming I give Pena every rule which could extend the 7 day deadline for objecting to a visiting judge, none of them get him to the 24th of August.

The Texas Government Code provides for the following:

"(c) An objection under this section must be filed not later than the seventh day after the date the party receives actual notice of the assignment or before the date the first hearing or trial, including pretrial hearings, commences, whichever date occurs earlier. The presiding judge may extend the time to file an objection under this section on written motion by a party who demonstrates good cause.

http://codes.lp.findlaw.com/txstatutes/GV/2/F/74/C/74.053

(d) An assigned judge or justice who was defeated in the last primary or general election for which the judge or justice was a candidate for the judicial office held by the judge or justice may not sit in a case if either party objects to the judge or justice."

I am particularly proud of part (d).  It was added to the code after my  win in Flores v. Velasco

http://www.leagle.com/xmlResult.aspx?xmldoc=200115468SW3d86_1141.xml&docbase=CSLWAR2-1986-2006

Had I filed such an untimely or even timely object to a visiting judge, we all know I would be attacked for delay and unethical conduct.  For the record the rule does provide for sanctions when a person files an untimely objection for the purpose of delay.

Several sources have told me that Michael Cowen is in Dallas next week.  I have not published this before because I found it too bizarre to be true, given the fact the clock is running.  So maybe it is true and this is why Ruben Pena filed the objection to Judge Banales.  We shall see what happens next week.  It will be Monday before I can confirm Ruben in fact filed an objection to Judge Banales, and if in fact Cowen is out of town.

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