Saturday, December 23, 2017


IF IN FACT SHE PERSONALLY SERVED THE BISD LAWSUIT, BISD CAN FILE A MOTION TO QUASH SERVICE

Other than her stupid damages request I have no issue with her lawsuit.  Montoya is full of shit in complaining because he praises Presas-Garcia for her First Amendment lawsuit against BISD.  But then Judge Lopez is not paying him for lies.

I think Judge Hanen is interested in the FERPA violations.  This is a problem at BISD with Board Members and even the supers releasing confidential information to settle scores with parents.  If the FERPA violation is real Judge Lopez will finally put BISD in its place.  It will be sad if the claim is real, but if it is real Judge Hanen will take no prisoners when issuing his order.

I reported how Bret Springston released defamatory and confidential information to Rick Zayas after a student was assaulted by a teacher. It was an attempt to disgrace the child.  Bret was sent packing shortly thereafter.

BISD NEEDS TO FILE A MOTION TO QUASH SERVICE

Federal law says you serve a lawsuit pursuant state law.  Assuming Judge Lopez served the lawsuits herself, they are subject to being quashed.

TRCP 103 in part says, " But no person who is a party to or interested in the outcome of a suit may serve any process in that suit, and, unless otherwise authorized by a written court order..

A review of Pacer shows Judge Lopez did not get an order authorizing her to serve the lawsuits personally.  There is plenty of case law allowing for the court to quash the service, assuming she did the service herself.  But given the potential for FERPA violations Judge Hanen could use his discretion and let it go.

MY MAIN INTEREST IS TO SEE IF JUDGE LOPEZ HAS REAL EVIDENCE OF A FERPA VIOLATION

Her first move is to subpoena everyone who posted the information to the internet. Only the people who posted it to the internet can verify it came from BISD.  They have no protection.  They answer the question or be held in contempt.  BISD needs to subpeona Cesar de Leon and introduce his threats towards Carlos Elizondo, because Cesar speaking for Judge Lopez revealed a lot about her daughter.  This is important for JudgeHanen to consider. Judge Lopez cannot blame BISD for some of this information getting out if she put Cesar de Leon up to threatening Carlos Elizondo.

JUDGE WORKING ON COUNTY TIME

A reader asked about this.  The question is complex.  Someone would have to know the exact time she was serving these papers and determined if she cancelled any hearings previously scheduled.  I have a judge under investigation because I can prove he cancelled a criminal trial for a man who was in jail for a year who was unable to meet bail.  He cancelled the criminal trial to act as a visiting judge for one day out of the county.  The rules are clear on this. 

Judges have no scheduled hours.  The issue is did she cancel scheduled hearings to serve these lawsuits?  Did she use the county computer to prepare the lawsuit?  Did she use the county account for legal research for her personal business?  Judicial Rule 12 allows for an open records on Judge Lopez, but I doubt she will answer it




1 comment:

Anonymous said...

Her campaign finance report July of 2016 she donated $20 to Texas DPS. Another District Judge donated money to a vet clinic. Explain that so I can understand in my uneducated life why they do that.