Summary of Court Proceedings
The Texas Department of Family and Protective Services has been named temporary managing conservator of over 400 children who are the subject of a number of cases pending in the 51st Judicial District Court of Schleicher County, Texas, Judge Barbara Walther presiding. The cases stem from an investigation of allegations from the YFZ Ranch in Eldorado. Her orders were issued after an adversary hearing under Texas Family Code Sec. 262.201 on April 17-18, 2008. On May 22, the Texas Court of Appeals for the Third District issued a memorandum opinion [pdf] conditionally granting a writ of mandamus and directing the district court to vacate its temporary orders granting sole managing conservatorship of a number of the children. On May 29, the Supreme Court of Texas issued orders and per curiam opinions upholding the decision of the court of appeals.
Electronic Filing of Court Documents
On April 13, 2008, Judge Walther requested and the Supreme Court of Texas approved local rules for electronic filing of court documents in the district court of Schleicher County [Supreme Court Misc. Docket Order 08-9038 pdf]. TexasOnline eFiling for Courts has provided instructions [pdf] to help attorneys utilize electronic filing and service in the case.
Electronic Service of Notice and Communication
On April 29, 2008, the court ordered [pdf] that each attorney of record in the cases register with TexasOnline e-filing (at no charge to the attorneys) for receipt of electronic service of notice and communication from the court, and notify the court of the attorney’s TexasOnline User ID so the court may electronically serve notice and communicate to the attorneys. TexasOnline eFiling for Courts has provided instructions [pdf] for attorneys to comply with this order.
State Court and State Bar Assistance
Judge Dean Rucker, Presiding Judge of the Seventh Administrative Judicial Region, is assisting with providing additional resources to manage the cases. Judge Rucker appointed Senior (retired) Judge John J. Specia of Bexar County to assist Judge Walther, and requested the assistance of the Office of Court Administration, the Permanent Judicial Commission for Children, Youth and Families, the Texas Access to Justice Commission, the Texas Equal Access to Justice Foundation and the State Bar of Texas. All have risen to the occasion, as has the leadership of the State of Texas, with correspondence [pdf] to the Comptroller of Public Accounts assuring agencies of state reimbursement of emergency expenditures on behalf of the affected local governments.
Section 107.013 of the Texas Family Code requires the court to appoint an attorney ad litem to represent the interests of an indigent parent who opposes a governmental entity requesting temporary managing conservatorship of a child. Parents from YFZ Ranch seeking legal representation who cannot afford a lawyer should contact Legal Service of Northwest Texas, toll free at (800) 284-5180 or (325) 653-6982. Parents can also notify the Court that they are indigent and request the Court to appoint a lawyer. The State Bar of Texas Lawyer Referral Service can also direct parents who may not be indigent to a lawyer who will charge a small fee for a consultation.
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Updated: 22-Jul-2009
