user_mobilelogo

Judicial complaints (with evidence) in the case brought by Texas Department of Family and Protective Services (CPS) are linked below.

This is published to a) make it public record, b) to expose what these judges did, and c) to make the information available to our daughter, Lainey Micah [Bell] so that she knows the truth. 

When judges refer to themselves as honorable, they do not mean that they are honorable to the public or to their presumed role. They serve another system.

banks1. Judge #1 Gary Banks - Tom Green County and Runnels County Texas

On April 5, 2018, Associate (CHILD PROTECTION) Judge Gary Banks signed a temporary order after CPS took our daughter without a court order, without an emergency, with no evidence of abuse or neglect, and after a false report was made by Ballinger Police Officer Robert Garcia. This Police Officer was fired on April 5, 2018 (a day after the false report and this same day of the court order). Associate Judge Gary Banks is also a former CPS attorney (he was involved in the LDS San Angelo, Texas CPS cases). The fact that he is a former CPS attorney is a conflict of interest. What's worse is that this judge violated statutes that require him to see evidence to sign such orders when there was no evidence. Quite the contrary, there was evidence that the initiated contact was based on a false allegation. This judge also restricted visitation without citing a reason; this is required by law. This judge was also required to give our daughter to her father if there was no evidence that he was unfit and this judge did not cite any reason to believe that the father was unfit. They break their own laws.

 


tesch2. Judge #2 Kelley Tesch - Lubbock County Texas | County Court at Law #3

In July 2018, the CPS case was transferred to Lubbock, Texas, concealed into a TITLE IV-D POST JUDGMENT (inactive child support case stemming from our divorce), where it was assigned to Associate Judge Kelley Tesch. It was discovered a few months after this transfer that Kelley Tesch was also actively an Attorney for the Texas Office of the Attorney General. So, she was acting as both an attorney and a judge, on the same case. Kelley Tesch was removed when we filed evidence of this.

 


 

 

carruth3. Judge #3 Ann-Marie Carruth - Lubbock County Texas | County Court at Law #3

The County Court at Law #3 Judge Ann-Marie Carruth took over after we filed a De Novo Request after a January 2019 Permanency Hearing. The purpose of the De Novo Request is to appeal temporary orders, such as the unlawful temporary orders that were signed by the first judge. The details of what Ann-Marie Carruth did are in the judicial complaint. She was not only biased but she went out of her way to conspire with CPS to deny us due process. Her actions were shocking and unconscienable. Judges like Ann-Marie Carruth have no business presiding in a court room. Her pockets are lined and she is willing to stoop to very low levels out of greed. Reading the following documents in order will give you insight into how things unfolded.

Judicial Complaint Against Judge Ann-Marie Carruth PDF >

Attachments to the Judicial Complaint:

De Novo Request (Father)

De Novo Request (Mother)

CPS Motion For Preferential Setting (Deceptive Due Process Violation)

De Novo Hearing Transcripts (Feb 15, 2019)

February 15, 2019 Order

Trial Scheduling Order with Trial Preparation Order (Direct Evidence of Conspiracy to Violate Due Process and Violate Discovery Rules)

johndidway4. Judge #4 John A. Didway - Lubbock County Texas, by Assignment to County Court at Law #3 (this judge is the Terry County District Judge)

After we filed a Motion to Recuse Ann-Marie Carruth for her unlawful conduct, the recusal was denied. However, we filed an objection to the Order to Deny Recusal and to give the appearance of due process, the Regional Administrative Judge, Kelly Moore, assigned another judge. This new judge was John A. Didway, from a neighboring Terry County. This was the judge assigned to the final hearing. Because of Judge Ann-Marie Carruth's vile conduct and due to CPS' refusal to cite an offense for us to defend, we were literally unable to prepare a defense. How do you prepare for your own defense when you are not informed of the nature and cause of the accusation? It's impossible. Therefore, we found it to be in our best interest not to grant the Court jurisdiction. We did not attend the final hearing because it would have allowed them to present a case after they denied us due process in pretrial. They allegedly had a trial. I know for a fact that they only thing they could due is say we were in default. It is impossible to have a trial without all parties present and this is especially true when the defendants are not represented by an attorney (neither of us had an attorney). So, Judge John Didway signed a Termination Order after the deadline and filed it three days after he signed it. This is more violation of due process because of the deadline to file a Notice of Appeal. They toyed with us. In Termination of Parental Rights cases, the order must be signed by the Monday after the one year anniversary and in this case, it was signed a day after this anniversary. Therefore, his order was untimely. What's worse is that he did not comply with the Finding of Facts and Conclusions of Law rules. He did not cite facts specific to the case for terminating our rights. He did not comply with the Motion for Additional Findings. The following is the judicial complaint against Judge John A. Didway along with evidence. This judge literally terminated our rights for no reason.

Judicial Complaint Against Judge John A. Didway PDF>

Termination Order>

Findings of Fact>

Police Report>

Carefully compare this Police Report with the CPS Intake Report (next link). Notice, the only allegation of child abuse or harm is that the mother "tossed" her child out of a window, an allegation only found in the CPS Intake Report, completely contradictory to the Police Report. This was a false allegation and proven false. The cop who said this was fired. The cop who said this also wrote the police report (evidence he falsified allegations).

CPS Intake Report>

Employee Record (showing cop was fired a day after the false allegation)

There was also evidence that the therapist seeing my daughter was being privately paid by the foster care guardians. The illegality of this is common sense and it is also a violation of the law for such arrangements. Per CPS policy, therapy is to be paid by medicaid. 

Fraud by CPS, Foster Care and Therapist>

5. Judge #5 Justice James T. Campbell and the 7th District Appeals Court of Amarillo 

This case is a prime example of how corrupt the court system can be, especially in its involvement in kidnapping of children. In the appellate court, they literally falsified statements in the order, alleging that we did not request the modified findings of fact, when it is clear on the record and mentioned in the brief that we did in fact request modified findings of fact. They also completely ignored the very serious abuse of discretion issues raised about Judge Ann-Marie Carruth. The appellate court also lied again about preserving the issues regarding the fabricated needs within the Family Service Plan. These courts are corrupt when their pockets are lined and they can get by with conspiring to an extent. The following documents include the judicial complaint against the signing 7th District Appeal Court Justice James T. Campbell along with evidentiary documents. 

Judicial Complaint Against Justice James T. Campbell>

Appellate Court Memorandum Opinion (packed full of lies)>

You'll see in this Memorandum Opinion where James T. Campbell states that we did not request Amended Findings.. However, you'll see in our Brief (next link) that we clearly bring up that we did and then you'll see in the Court Clerk's Index where there is Amended Findings request. It was done timely. The judge (John A. Didway) refused to honor this. In other words, he would not specify what we did wrong. For anyone who believes that CPS doesn't take kids and terminate rights for no reason, this case is proof positive that they absolutely do. 

Our Appellate Brief>

Court Clerk's Index>