ONE-MILLION-DOLLAR DEMAND BEING MADE ON ALAN GUARD, CITY OF BROWNSVILLE AND JOHN COWEN FOR VIOLATION OF AN ADA ORDER

 At the last hearing I learned the city hid from me the Texas Municipal League had taken control of the defense in this case.  The decision to conceal this fact was made by Heather Scott, and city attorney Will Treviño.  As the two in charge, no one else can be blamed.  Their conduct is in clear violation of Texas law.

I am beyond bored teaching this quacks basic law.  They do not know it, because they do not practice law.  They use their law license to obstruct with impunity.

But bonding companies have a way of shutting down lawyers like Heather Scott and Will Treviño. 

They do not represent the Texas Municipal League Risk Pool.  The TML Risk Pool needs to know acting city manager Alan Guard willfully violated the ADA order which protects me from zoom hearings.

See Order:

AFTER THE HEARING ANDREW SCHAFER SUBMITTED AN ORDER MOSTLY REJECTED BY JUDGE TERRELL AS NOT REFLECTIVE OF HIS RULING

Healther Scott was asked to withdraw her approval of the order, as false.  She claims she was unopposed to the enforcement of the ADA Order, but still signed off on the draft order.  It says the court considered the "arguments of the parties."  This would be a violation of the ADA order, because Andrew Schafer appeared via Zoom, after seeking permission to appear via Zoom, ex parte.

I could not hear at least half of what Schafer said.  Healther Scott and Will Treviño knew this and nonetheless bound the city to an ex parte act, 

This is on Alan Guard.  He knew he was recommended as the new city manager because he was reliable to turn a blind eye to the corruption of the legal department.

Think about this, someone from a very small town, with no similarities to Brownsville is brought in as an assistant city manager and then promoted to city manager as the best candidate for the job.  Best if the job is as a puppet.

Doroteo Garci was hands down the most qualified.  As a city engineer, he knows intimately the infrastructure problems facing Brownsville and the demands on the budget.  Doroteo is under the supervision of the Texas Department of Licensing and Regulation.  This means any engineering questions could be subject to oversight by the TDLR.  John Cowen and his league of lemmings could never toleration such a situation. 

JUDGE TERRELLS MOSTLY REJECTED ORDER SIGNED OFF ON BY HEATHER SCOTT

Healther Scott and Will Trevino knew Judge Terrell never ruled on the Plea to the Jurisdiction.  Everyone was informed of Judge Terrell's entry into the docket which clearly stated he did not rule on the Plea to the Jurisdiction.  If Heather Scott is not relying on a corrupt judge, she has no argument. Will Treviño is the city attorney because John Cowen can rely on his support even if it means ignoring the law.

Judge Terrell chose to consider the city pleadings filed during the hearing, with no notice to me. He chose to ignore the clear evidence the city's pleading was filed 30 minutes into the hearing, with no opportunity for me to address anything in the pleadings.  It is standard practice that if counsel files anything before the hearing they bring it to court and provide opposing counsel copies and notice of the filing.  Heather Scott knows better, but you cannot win when you follow the rules.

THE TEXAS MUNICIPAL LEAGUE DEMAND

The city is going to have to explain why it is giving the City Manager job to Alan Guard, after violating the ADA order and exposing the city to more litigation.

The law is not on my side as to suing the Texas Municipal League over their practice of hiring unethical attorneys to protect their assets. But it is not foreclosed either.  So, I will make a separate demand on the TML for damages related to their policy of turning a blind eye to the counsel they retain knowing they use unethical tactics to win. 

THE LATEST MANDAMUS WILL BE FILED ON THURSDAY OR SOONER

It will be guided by three Texas Supreme Court cases, all won by me.  The law is so basic, it is not possible any judge can make an honest mistake. 

Until a Plea to the Jurisdiction is denied, the trial court has no jurisdiction to proceed.  Any judge who claims to not know such a simple rule, should not be allowed to act as a judge.  Judge Richard Terrell is unfit as a judge.  All of the defense counsel knew this, which is why they insisted Judge Terrell claim he denied the Plea to the Jurisdiction when in fact he did not.  

You will note at the end of the order, he removed the claim he denied to Plea to the Jurisdiction.  This is accurate, but his failure to rule on it means he had no jurisdiction to proceed with the Recusal hearing.

  “Courts always have jurisdiction to determine their own jurisdiction,” Harrell v. State, 286 S.W.3d 315, 317 (Tex. 2009) (quoting Hous. Mun. Employees Pension Sys. v. Ferrell, 248 S.W.3d 151, 158 (Tex. 2007)).

It is not disputed  “Subject matter jurisdiction is ‘essential to a court’s power to decide a case.’” City of Houston v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013) (quoting Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 553–54 (Tex. 2000)).  Judge Terrell clearly had no authority to move onto the Motion to Recuse until such time as he decided the Plea to the Jurisdiction.  There is one exception, a judge can authorize limited discovery if germane to the facts in the Plea to the Jurisdiction.