Abuse of Official Capacity - Judge Bonnie Hellums
On October 22, 2009, Judge Bonnie Helllums signed an order based on what the father strongly believes was the improper influence of Wendy Burgower resulting from improper "ex parte" communications from Wendy Burgower in violation of Rule 3.05 of the Texas Disciplinary Rules of Professional Conduct.
By signing the October 22, 2009 order based on what the father believes was the result of the improper influence of Wendy Burgower, Judge Hellums signed an order sanctioning the father $45,000 and sanctioning the father's attorney $5,000 for attorneys fees without any evidence to support the award of attorneys fees.
The father believes the law is clear in that an award of sanctions for attorneys fees must have evidentiary support of the amount of the attorneys fees. Since no evidence was presented to the Court at the September 29, 2009 hearing regarding the amount of attorneys fees, the father believes that Judge Bonnie Hellums signed the October 22, 2009 order (1) without any guiding principal of law, (2) in violation of the Texas Code of Judicial Conduct and (3) in violation of the Texas Disciplinary Rules of Professional Conduct to intentionally harm the father as a result of the improper influence of Wendy Burgower's "ex parte" communications.
Additionally, the father believes that Judge Bonnie Hellums intentionally deleted the October 22, 2009 "ex parte" email from Wendy Burgower in an attempt to destroy evidence related to a pending matter in Judge Hellums court. The father believes that if, in fact, Judge Hellums intentionally deleted the October 22, 2009 email from Wendy Burgower, that the Judge committed an offense under Section 37.09 of the Texas Penal Code.
In December of 2005, with the intent to harm or defraud another, Judge Randall Michel of Brazos County, Texas was charged and plead guilty to the offense of Abuse of Official Capacity resulting from a sanctions order that he signed based on the improper influence of an Attorney Ad Litem sending Judge Michel "ex parte" emails related to a case pending before Judge Randy Michel without the knowledge and consent of the other attorneys involved on the case. Please click on the link to view Judge Randy Michel's charges and plea agreement.
In August of 2006, the State Bar of Texas entered a Judgment of Public Reprimand against Randy Michel for violating Rule 8.04(a)(1) of the Texas Disciplinary Rules of Professional Conduct for engaging in "ex parte" emails with an attorney, Patricia Harrison, in a matter over which Judge Michel was presiding as the Trial Judge, with the intent to influence the outcome of the case. Please click on this link to view Randy Michel's Judgment of Public Reprimand by the State Bar of Texas.
The father believes that Judge Bonnie Hellums committed an offense under Section 39.02 of the Texas Penal Code by signing the October 22, 2009 order to intentionally harm the father as a result of what the father believes was (1) improper influence of Wendy Burgower and (2) by intentionally deleting the October 22, 2009 "ex parte" email which is an offense under Section 37.09 of the Texas Penal Code.
Section 39.02 of the Texas Penal Code states the following:
§ 39.02. ABUSE OF OFFICIAL CAPACITY.
(a) A public
servant commits an offense if, with intent to obtain a benefit or
with intent to harm or defraud another, he intentionally or
knowingly:
(1) violates a law relating to the public servant's
office or employment; or
(2) misuses government property, services, personnel,
or any other thing of value belonging to the government that has
come into the public servant's custody or possession by virtue of
the public servant's office or employment.
(b) An offense under Subsection (a)(1) is a Class A
misdemeanor.
(c) An offense under Subsection (a)(2) is:
(1) a Class C misdemeanor if the value of the use of
the thing misused is less than $20;
(2) a Class B misdemeanor if the value of the use of
the thing misused is $20 or more but less than $500 ;
(3) a Class A misdemeanor if the value of the use of
the thing misused is $500 or more but less than $1,500;
(4) a state jail felony if the value of the use of the
thing misused is $1,500 or more but less than $20,000;
(5) a felony of the third degree if the value of the
use of the thing misused is $20,000 or more but less than $100,000;
(6) a felony of the second degree if the value of the
use of the thing misused is $100,000 or more but less than $200,000;
or
(7) a felony of the first degree if the value of the
use of the thing misused is $200,000 or more.
The father strongly believes that the actions of Judge Bonnie Hellums in signing the October 22, 2009 order based on the "ex parte" communications of Wendy Burgower MIRROR the actions of Judge Randy Michel signing an order based on the "ex parte" communications from Patricia Harrison of which Judge Randy Michel was guilty of committing an offense under Section 39.02 of the Texas Penal Code.
Question:
(1) How is it possible that, like Judge Randy Michel, that Judge Bonnie Hellums would not also be guilty of committing an offense under Section 39.02 of the Texas Penal Code if, in fact, Judge Hellums signed the October 22, 2009 order containing sanctions for attorneys fees in the amount of $50,000 based on the improper influence of Wendy Burgower's "ex parte" communications?
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.