500 signatures reached
To: Judge Benjamin Smith 380th District Court; Judge Emily MIskel 470th District Court; TX State House of Representatives; TX State Senate; TX Governor Greg Abbott; TX Commission on Judicial Conduct; TX State Bar; TX AG, Supreme Court
PLEASE SIGN TO IMPEACH Judge Benjamin Smith and Help a Child See His Mother and Family Again
This petition calls for the impeachment of Judge Benjamin Smith of the 380th Judicial District Court for breaching the Texas Code of Judicial Conduct through his misuse of power and authority over his Court. A magistrate who believes he can ignore the law and the rights of American Citizens in his Court is one who does not contribute to the betterment of society. In this Court, ruled by bias and personal opinion as opposed to law and equitable reasoning, abused parties (attorneys and clients) are suppressed into adherence. For fear of suffering retaliatory interactions with this Judge in future cases, attorneys succumb to his authority, even if it compromises their ethics. Judge Benjamin Smith is a prime example of a public servant who abuses a position of power and authority, which was designed to protect the rights of all who enter a Court of law. Instead he uses his position as Judge to further his own professional endeavors by cultivating business and political relationships. It would be more than inequitable for this abuse of power, which violates the rights of citizens, to go without penalty. To protect our own rights and the rights of our fellow citizens from such treatment, we must assemble, unite and demand reconstruction. Everyone in Collin County knows, including attorneys who are forced to accept the process, that District Court Judges such as Judge Benjamin Smith act under the "good old boy" system making it understood that the attorney with the higher political reign wins every time such as found in Collin County records. It is a political hierarchy and Judge Benjamin Smith along with others act not in the best interest of the child and its family but instead based on what decision will best further their political interests to ensure top campaign contributions by attorneys, and how much money they are paid under the table to give a favorable outcome for a certain party.
Why is this important?
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."
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."
How it will be delivered
To be delivered to Judge Smith; Judge Miskel; TX House of Rep; TX Senate; Governor Abbott; TX Commission on Judicial Conduct; TX State Bar; TX AG; & Supreme Court. It will be included with all complaints filed against Judges Smith & Miskel; father/paternal reps Jeffrey Anderson/Paula Bennett ONDA Law FIrm & Mike DeBruin/Aubrey Connatser Law Firm; Sharon Easley & Brook Fulks who instead of protecting our interests furthered the interests of the opposing parties; & Joseph Sarpong of the TX AG.