PLEASE SIGN TO IMPEACH Judge Benjamin Smith and Help a Child See His Mother and Family Again
Judge Benjamin Smith has caused irreparable damage through his abuse of power & manipulation of civil & criminal law. In our case, a single mother & sole provider of her child for 4 years lost custody after being set up & accused of a crime to which she hadn’t been proven guilty. During the court hearing, an exparte communication was made in the Judge’s chambers giving custody to the paternal grandparents & no testimony or evidence to the family’s ignobility or precarious lifestyle allowed. However, any testimony that could be used to decimate the maternal family’s character was welcomed. The maternal grandmother’s testimony was completely suppressed, all evidence refused & witness refused.
Custody was first given to paternal grandparents, who were absent from the child's life since birth, & per the Texas Family Code had no legal standing to intervene in the custody dispute. The Petition for Intervention filed by the maternal grandmother was abandoned completely. Judge Smith gave full power & authority over the child to the paternal grandparents, including the right to decide the estranged father’s eligibility for visitation. Although the child's father owed more than $12,000 in back child support, he was not ordered to pay, however, the mother was ordered to pay support to the paternal grandparents. The Judge supported this decision through the complete suppression of opposing testimony, evidentiary support, & disregard for Texas Law. Following the hearing, the child’s mother’s attorney set a reconsideration hearing. During that hearing, without the mother present, the attorneys agreed & allowed the Judge to change temporary custody to the estranged father, although he was clearly proven unfit in the hearing, admitted to having 3 children over the past 5 years he didn’t visit/support & had only lived in Collin County 2 weeks breaking the law of required legal standing. Since that time, the child’s father/paternal family have been allowed to move the child out of state to an undisclosed location, changing phone numbers & blocking all social media profiles giving the child’s mother/maternal family no access to him for now 6 years.
The last time the mother/maternal family saw the child was March 2015 only for 15 minutes while videotaped by the paternal grandmother Marguerite Alba who used her legal ties & legal assistant position with the Dallas Law Firm who represented her to, per witness testimony, “destroy” the child’s mother. Since the father has had custody, he abandoned the child at least 5 times, moved him 9 times, changing schools at least 8 times. It has been 6 years since the mother/maternal family have seen this child. Though the mother wrote letters to the Judge advising him that the paternal family would not communicate with her, & refused visitation, he did nothing. The mother is young, can’t afford an attorney, & even if she could, she would have no chance because the Judge & defendants are acquaintances outside the Court. All attorneys called refused to take a case in this Judge’s Court due to his “manipulation of the Law,” & Legal Services refuses to help as the long-arm of this Judge has reached the as well.
We have heard so many stories of civil rights violations by this Judge with other families. Please help us send a message to this Judge that his illegal, unethical, bias, partial rulings will no longer be tolerated. If your rights have been violated by this Judge please contact us at https://www.facebook.com/injusticeincollincounty. Please sign & share our other petition to impeach Judge Emily Miskel at https://sign.moveon.org/petitions/please-sign-to-impeach-2.
The law provides strict policies governing Texas Judges by way of the Texas Code of Judicial Conduct. Texas law upholds that “our legal system is based on the principle that an independent, fair & competent judiciary will interpret & apply the laws that govern us.” It is required that a Judge should act as an arbitrator of "facts & law" to resolve disputes fairly only after allowing parties their right to testimony without showing bias or partiality "under the rule of law" while "establishing & maintaining high standards of judicial & personal conduct.” Canon 2A "admonishes Judges to conduct themselves in a manner to promote public confidence." Canon 2B states: "He (a judge) should not lend the prestige of his office to advance the private interests of others." Canon 3A(2) "admonishes judges to be unswayed by partisan interests." Canon 3B(5) states “a judge shall perform judicial duties without bias or prejudice.” Canon 3B(7) states “a judge shall require lawyers in proceedings before the court to refrain from manifesting, by words or conduct, bias or prejudice based on race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status against parties, witnesses, counsel or others.” Canon 3B(8) states “a judge shall accord to every person who has a legal interest in a proceeding, or that person's lawyer, the right to be heard according to law. A judge shall not initiate, permit, OR CONSIDER EXPARTE COMMUNICATIONS or other communications made to the judge outside the presence of the parties between the judge & a party, an attorney, a guardian or attorney ad litem, an alternative dispute resolution neutral, or any other court appointee concerning the merits of a pending or impending judicial proceeding.” Texas Constitution Article 15 entitled “Impeachment” states "any judge of the District Courts of the State who is incompetent to discharge the duties of his office, or who shall be guilty of partiality, or oppression, or other official misconduct, or whose habits & conduct are such as to render him unfit to hold such office, or who shall negligently fail to perform his duties as judge; or who shall fail to execute in a reasonable measure the business in his courts, may be removed by the Supreme Court."