February 3, 2010 Non-Compliance
At 7:50 AM on February 3, 2010, Mary Olga Lovett responded to Mr. Mahoney's 2-2-10 email and stated that "they will send Judge Hellums a proposed order today." Please click on the following link to view the email from Mary Olga Lovett - 2-3-10 email from Mary Olga Lovett - submitting amended draft of the order. Mary Olga Lovett did not indicate in her email sent at 7:50 AM which proposed order they would be submitting to Judge Hellums.
At 8:36 AM on February 3, 2010, the office of Robert C. Kuehm emails Walter Mahoney to notify him that a fax has been sent to him containing the draft of the order entitled, "First Amended Findings and Order on Motion to Strike Pleadings and for Sanctions" was being submitted to the court for signing that morning. Please click on the following link to view the 2-3-10 email from Robert C. Kuehm's office - 2-3-10 email from the office of Robert C. Kuehm. Please click on the following link to view the fax sent by Robert C. Kuehm's office on 2-3-10 - 2-3-10 fax sent by Robert C. Kuehm's office. Please note that Robert C. Kuehm's first sentence on his fax cover page states that, "The attached order to the court is being presented to the court today." Clearly, Robert C. Kuehm is providing notice to the father's attorney, Walter Mahoney, that the proposed order entitled, "First Amended Findings and Order on Motion to Strike Pleadings and for Sanctions" was being submitted to Judge Hellums' court on that day, February 3, 2010.
At 9:04 AM on February 3, 2010, Mary Olga Lovett sends an email to Walter Mahoney in which she states that, "she just realized that this is the wrong version of the order." Mary Olga Lovett goes on to say that she will provide a copy of the order that is ACTUALLY being submitted to Judge Bonnie Hellums AFTER the order is presented to the court. Please click on the following link to view Mary Olga Lovett's 2-3-10 email sent at 9:04 AM - 2-3-10 email from Mary Olga Lovett.
At approximately 9:30 AM on February 3, 2010, the father and his attorney, Walter Mahoney witnessed Robert Ian Kuehm, Jr. walk into Judge Bonnie Hellum's clerk's office at 201 Caroline, 15th Floor to submit the proposed order entitled, "Amendment to Prior Order," with the clerk. Please click on the following link to view order entitled, Amendment to Prior Order - 2-3-10 Amendment to Prior Order.
Robert Ian Kuehm went to the 247th District Court, outside of the presence of all of the attorneys involved in the case, in which the father believes was to improperly influence the court to sign an order. The father believes this action by Robert Ian Kuehm, Jr. is in violation of Rule 3.05 of the Texas Disciplinary Rules of Professional Conduct
At 11:18 AM on February 3, 2010, the office of Robert C. Kuehm sent another email to Walter Mahoney notifying him that a fax was sent to him with the proposed order, "Amendment to Prior Order" that was submitted to Judge Hellums and was attached to the 11:18 AM email sent to Mr. Mahoney. Please click on the following link to view email from Robert C. Kuehm's office - 2-3-10 email at 11:18 AM from Robert C. Kuehm's office. Please click on the following link to view the fax containing the order, "Amendment to Prior Order" that was signed by Judge Hellums - 2-3-10 fax from Robert C. Kuehm's office. Judge Hellums signed the order even though there were no signature blocks or signatures from ANY attorneys certifying compliance with the order as required pursuant to Rule 21 of the Texas Rules of Civil Procedure.
According to the Harris County District Clerk, Robert Ian Kuehm, Jr. submitted the proposed order as a STIPULATED or AGREED TO order to the Judge Bonnie Hellums' court clerk and that was how it was designated by the Harris County District Clerk. A stipulation is an agreement. Please click on the following link to view the report from the Harris County District Clerk. Report from Harris County District Clerk. The first order listed on the report from the Harris County District Clerk is the Amended order signed by Judge Hellums on 2-3-10.
The father believes that if, in fact, Robert Ian Kuehm, Jr. submitted the Order as a "stipulated" or "agreed to" order to the clerk of Judge Hellums' court, then it was in violation of Rule 3.05 of the Texas Disciplinary Rules of Professional Conduct and in violation of Rule 8.04 of the Texas Disciplinary Rules of Professional Conduct.
The father believes that Robert Ian Kuehm, Jr. was submitting the order to the clerk as an order that was agreed to by the father's attorney, Walter Mahoney, but Walter Mahoney had not seen the order. Because Walter Mahoney had never seen the proposed order, the father believes it was not possible that Mr. Mahoney could have stipulated or agreed to the order as it appears Robert Ian Kuehm, Jr. represented to the clerk of Judge Hellums' court.
DISCLAIMER: It is important for all who read the information on this website to understand that these are the OPINIONS of the father based on the evidence provided.
If you have any comments that you would like to make or issues that you would like to discuss, please go to the father's blog at the following link. Father's Blog.