Did you know that
Judicial Misconduct Violations were filed against Llano District Judge
Allan Garrett?
A judicial misconduct complaint was filed with the
Texas Commission on Judicial Conduct against Llano District Judge Allan
Garrett for his unethical behavior on a judicial review petition, Cause
18504. The claim is that Judge Garrett colluded with
City Attorney Carey Bovey to deny access to
a judicial review as defined by Texas Zoning Statute 211.011 for which
the outcome was clear and malfeasance was their only option. It is also
claimed that Judge Garrett knowingly misrepresented the law and proper
procedure in order to support the City Attorney Carey Bovey’s attempt to
avoid answering the judicial review.
Listed below are from the filing showing 7 violations
of the Texas Code of Judicial Conduct, 10 violations of Texas State
Statutes, 6 violations of the Texas Rules of Civil Procedure, 2
violations of Articles of the Texas State Constitution, and violations
of the 1st, 5th and 14th amendments to the US Constitution. The
complete judicial misconduct complaint filing is posted
here.
Importance to Citizens of Llano:
The City of Llano brazenly violated 3 zoning laws.
These laws protect property owners. Judge Garrett collaborated with the
city by violating 26 laws that protect citizens from city lawlessness.
The City of Llano is in the process of "overhauling" the entire zoning
ordinance in violation of some of the same laws. This will affect every
property owner in Llano. Since the City knowingly will violate the law,
and the judicial system will knowingly violate the law to support the
city, property owners cannot depend on the laws to protect their rights.
So who actually owns the property? With property taxes, eminent domain,
zoning laws, and now a lawless city government and judicial system, it
surely isn't the citizens.
The complete documentation for the zoning violations judicial review are
here.
Background:
City Manager, Brenton Lewis, overtly lied to the
Llano Planning and Zoning Commission, lied to the Llano City Council,
and lied to Llano citizens. He even committed aggravated perjury in a
sworn affidavit to the Texas Third Court of Appeals. Llano City Council
violated zoning laws and approved the zoning ordinance change. 79 Llano
Citizens lost their property rights. The City has spent about $20K to
cover-up the violations.
In an attempt to correct the City's violations, a
Petition for Judicial Review was filed with the Llano District Court and
Judge Allan Garrett received the case. A judicial review is a specific,
unique process where the petitioner presents a complaint to a judge, the
judge orders the City to answer the complaint in writing, and the judge
evaluates the law and makes a judgment. It is a very different process
than a lawsuit and the process is specifically articulated in Texas
Statutes.
See other articles on this case
here, here,
and here.
Claims:
Judge Allan Garrett’s Willful Misconduct
I
assert that Llano County District Judge Allan Garrett colluded with City
Attorney Carey Bovey to deny my access to a judicial review as defined
by Texas Zoning Statute 211.011 for which the outcome was clear and
malfeasance was the only option to shield the City of Llano. I also
assert that Judge Garrett knowingly misrepresented the law and proper
procedure in order to allow City Attorney Bovey and the City of Llano to
avoid answering the judicial review.
I
assert that through his actions on Llano District Court Cause 18504,
Judge Garrett:
1.
In violation of Canon
3B(8), Judge Garrett had ex parte discussions with opposing attorney,
Mr. Bovey, to establish an approach to prevent a judicial review of
obvious zoning violations by the City of Llano. His actions to-date and
court transcript verify that the approach was executed.
2.
In violation of Canon 2A
and 3B(2), Judge Garrett did not
comply with Texas Laws
described in section “Willfully
Violated Texas Statutes”, section
”Willfully
Texas Rules of Civil Procedure,” and section “Willfully Violated US and Texas Constitutions” below.
3.
In violation of Canon
3B(9) and 3C(1), Judge Garrett failed to
dispose of all
judicial matters promptly, efficiently and fairly by denying a writ of certiorari; erroneously stating the cause
was disposed when a lengthy appeal showed it was not; altering
petitioner’s case style; forcing unnecessary proofs of service;
terminating court record prematurely; changing an order of the court;
ignoring motions and request for hearings; and the ruse of an illegal
order with no opportunity for refuting.
4.
In violation of Canon
3B(5) Judge Garrett’s actions demonstrated a bias toward a government
entity over an individual citizen. Otherwise, this unethical conduct
would not have occurred.
5.
In violation of Preamble
and Canon 2A, Judge Garrett’s behavior in a highly visible zoning issue
diminished the public’s confidence in the integrity and impartiality of
the judiciary.
1.
In violation of Texas
Local Government code § 211.011, Judge Garrett required notification of
specific parties which is specifically not required by that statute and
substantiated by the Texas Supreme Court.
2.
In violation of Texas
Government Codes § 37.10(a)(1), § 37.10(a)(2), § 37.10(a)(3), §
37.10(a)(5), § 37.13(a)(1), § 37.13(a)(2), § 33.001(b), § 33.001(b)(2),
Judge Garrett terminated the court record halfway through the
proceeding, never turning it back on so that important information and
the ultimate court order were not recorded. In later correspondence, the
Judge misrepresented that unrecorded order and used that order to
stalemate future activity on the cause. Also, exhibits presented in
court were not included in the record. Also, Judge Garrett altered
petitioner’s case style in issuing an order.
1.
In violation of Texas
Rules of Civil Procedure 3a, Judge Garrett introduced a local rule to
require notification and citation that was applied to determine the
merits of the cause and that was not a properly approved by the Texas
Supreme Court and published. This notification and citation does not
exist in §211.011, TCRP, or Llano District Court Local Rules.
2.
In Violation of Texas
Rules of Civil Procedure Rule 33, Judge Garrett required names of
specific defendants where naming the incorporated city is required and
sufficient.
3.
In violation of Texas
Rules of Civil Procedure Rule 166 and Rule 63, Judge Garrett personally
introduced issues that were not pending while ignoring the pending,
properly introduced issues.
4.
In violation of Texas
Rules of Civil Procedure Rule 266 and Rule 297, Judge Garrett ignored
requests for “Finding of Fact and Conclusion.”
1.
Article V,
§1-a(6)A of the Texas Constitution states that a judge may be
disciplined or removed from office for willful or persistent conduct
that casts public discredit upon the judiciary or administration of
justice.
2.
In Violation of Texas
Constitutions Article I sections 13, 19 and 27, Judge Garrett blocked my
entry into the zoning judicial review process, and thus I was denied
Open Access to the Courts and Due Process of Law.
3.
In violation of the 1st,
5th and 14th amendments to the US Constitution,
Judge Garrett denied my rights of Due Process of Law, and denied my
right to petition government for redress of grievances.
BACK