Urgent Warning
Llano
Property Owners
LlanoWatch.org
eternal vigilance is the cost of liberty
Thomas Jefferson
Llano Citizens'
Bill of Rights


Skip Navigation Links.

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:

A.     Willfully Violated the Code of Judicial Conduct

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.

B.     Willfully Violated Texas Statutes

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.

C.      Willfully Violated Texas Rules of Civil Procedure

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.”

D.     Willfully Violated the US and Texas Constitutions

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




This site contains the individual opinions of the members of Llano Watch. Please report any errors and they will be fixed immediately.