JUDGE MCDONALD TO BECOME THE FACE OF COWARDLY JUDGES WHO RUN FROM DIFFICULT CASES

THE UPDATE WHICH ONCE AGAIN SHOWS SYLVIA GARZA PEREZ CORRUPTING THE PROCESS

You cannot make this stuff up.  On Monday the mandamus against Missy Medary will be filed before the Texas Supreme Court to void her order appointing Gina Benavides to replace Judge McDonald in my case with the COB.

There is zero chance the Texas Supreme Court will take the case.  But I have the case law which says if an attorney seeks to recuse a judge based on past complaints against the judge that is a basis to sanction the attorney.

This is about a record which proves the Supreme Court is not serious about bringing recalcitrant judges under control.

Sylva Garza Perez once again shows her contempt for the courts.  On August 27, 2025, Judge Missy Medary filed with Sylvia Garza Perez her assignment of former Court of Appeals judge Gina Benavides.  Only today after my post did Sylvia Garza Perez decide to post the order of assignment.  This endless manipulation of the record by Sylvia Garza Perez is a crime and must end.

Yesterday I printed the active docket sheet and there was no record of the Assignment of Gina Benavides.  Sylvia Garza Perez will never comply with the law.  If she is told to withhold filings she will.  This is an ongoing problem which she cannot refute.

Gina Benavides lost her reelection to the court of appeals last November.  

She is not happy with those of us who worked so hard to remove all the Democrats from the court.  I will not file a motion to recuse her.  We will play this out.  But her record does not support a reverence for the law.

She was party to one of the early opinions against John Doe.  She will be listed as a codefendant in the federal case.  The subject opinion involves an express coverup of Judge Gabby Garcia's corruption of the court appointment process. She knows this and so too does Missy Medary.  This proves a greater point.  In the case of John Doe, she showed nothing but contempt for the law.  She knows we are at odds with one another, and she has run cover for Gabby Garcia.  But she will keep the case so she can corrupt it.

But Art McDonald is allowed to recuse himself because he does not want to deal with the case which means the COB loses.

Mind you the Texas Supreme Court will have the documents and have to reconcile effectively barring me from filing a Motion to Recuse Benavides while allowing Art McDonald to recuse himself for no reason.

TO DATE JUDGE MISSY MEDARY IS REFUSING TO ALLOW ART MCDONALD TO RECUSE HIMSELF FROM MY CITY OF BROWNSVILLE CASE

A judge cannot run from a case because he dislikes the case or one of the parties.  We are going to end this practice of judges recusing themselves and putting the financial burden on the taxpayers to fund a new judge.

If I were to file a motion to recuse against Judge McDonald the case law shows I can be sanctioned because you cannot use your public distain for a judge as a basis to recuse them from your case. 

In that case I am moving for partial summary judgment and sanctions against the COB for alleging immunity for Omar Ochoa when the case law so clearly says there is no immunity.  As to the AC company I am moving for partial summary judgment on all the code violations the owner admitted to before the State and the code violations alleged by the COB.  

This will pretty much leave the case for a jury trial to determine damages.   It also will allow for a lot of discovery concerning the remaining issues.

The finance company is claiming mandatory arbitration.  Wrong.  The finance company waived the arbitration clause when they falsified documents which they place before a state agency, and requested relief. Between this and the other two parties cannot be forced into arbitration, makes arbitration impossible.  Further, there is no issue of fraud.  I have the documents filed with the Texas OCCC.   

Here is the thing, how much will they pay to compel Arbitration when the settlement offer includes a refund for the cost of replacing the closet?  I have agreed that if the AC company covers the cost of replacing the closet, I will give them a refund on their part of the settlement.  Do they actually believe after protracted discovery before an arbitrator they can do better?