Brian Collier July 15, 2021
Executive Director
Dale Wainwright
Chairman
Texas Department of Criminal Justice
P.O. Box 13084
Austin, Texas 78711
Texas Department of Criminal Justice
P.O. Box 99
Huntsville, Texas 77342
Re: DUAL LEGAL SYSTEM
Brian / Dale,
Ten years ago a collection of crooked Probate Attorneys and Judges in Dallas County wiped out my Father’s modest Estate and almost completely wiped out my Brother’s estate from out right theft, ineptitude, and incompetence.
It took our family 9 years and hundreds of thousands of dollars to get the State Courts to admit and reverse the criminal activity emanating from the Dallas Probate courts.
Our family is now plodding through Federal Court system at much effort and expense to seek relief from one of the Judge, [John Peyton Jr who was removed as a Judge two years after our case as the State Commission on Judicial Conduct deemed him to be incompetent] Dallas County, and the State of Texas. The magnitude of graft and cover for misconduct our family encountered within the Legal and State Court system, overshadows the activity of many of the guests in your facilities. We hope it becomes a John Grisham Novel and Movie so that all can be entertained and educated.
I am a professional Structural Engineer with BS and MS degrees from U.T.Austin and 50 years experience. I knew very little about Probate until the family endured the crimes propogated by individuals in the State and Dallas Courts.
After extensive research, I quickly discovered that the Texas Probate system is still stuck in the 1890’s, has absolutely no leadership /oversight, is grossly inefficient, and ripe for fraud. In 2014 and 2015 I worked with multiple Legislators to author,
support and pass a Bill [S.B.512] in the 2015 Legisative Session which requires the Texas Supreme Court to publish standard Wills and Probate Forms on the Texas Supreme Court Website. This would allow poor and middle income Texas Familes to create a Simple Will to quickly, simply, and efficiently, transfer assets upon Death with no involvement by a Probate Attorney and minimal effort by a Texas Court. This Bill has the intent and potential to save the State of Texas millions of Dollars each year in Court operating cost and tens of millions a year to poor and middle class Texas Familes.
It is critical for our society to allow as much wealth as possible to transfer within poor and middle class families.
The Bill was signed by Governor Abbott in June 2015 and went into effect on Sept 1, 2015. The amount of time to complete the intent of the Bill is approximately 2 weeks worth of work by a hand full of smart people. The Forms should have been posted on Sept 2, 2015 and to date they have not been finalized, no less posted.
Last week I received an email from Hecht’s office claiming that they currently do not have the next meeting scheduled to review the proposed forms. The last meeting they had on the forms was June 21, 2019.
Former Supreme Court Justice Eva Guzman testified, along with me in the March 2015, Senate Hearings. She noted the immediate need for these forms due to the extensive “Gap in Justice” for poor and some middle class families and the high cost of Attorneys.
A group of Texas Probate Attorneys approached Chief Justice Nathan Hecht and asked him to indefintely delay [essentially ignore], the Law which has now cost the State of Texas and Texas Families tens if not hundreds of millions of dollars over the past 6 years.
Many Texans have an instinctive feeling that there are two legal systems in Texas, one for us and the second for the “Special People”. Chief Justice Nathan Hecht has clearly decided that he is one of the “special people” who can select which Law “he” chooses to follow.
I might also add that Dallas Probate Court Judge Margaret Jones Johnson, currently under investigation for misconduct by the State Commission on Judicial Conduct with respect to my Sister’s Case, also deems herself to be above the law and a “special person”.
As a native born Texan, I disagree with Mr Hecht’s position and have filed a Complaint against him with the Texas Commission on Judicial Conduct which they have accepted: CJC No 21-1415.
Until this case is resolved, it is clear to me, that your organization has the responsibility to immediately notify all guests in your facilties, that have been accused of directly or indirectly causing harm to the finances of the State of Texas and / or a Texas Family as a direct result of his / her failure to acknowleldge and implement a Texas Law that he or she was convicted of, may have been denied equal Justice under the Law. This obviously does not apply to violent conduct, just monetary loss like that created by Mr Hecht.
I will be making this information to Organizations that attempt to inform and protect the right of the guests in your facilities. I feel confident that your providing this information to your guests, prior to their receipt from an outside source, will show much good will and good faith on your part.
There is no gray area with my Complaint or the misconduct of Hecht. The Law is a crystal clear, extremely simple, 2 page statute that is of great benefit to Texas and Texas Families. The forms could have and should have been up on the Supreme Court Website on Sept. 2, 2015. Nathan Hecht had 8 months notice the law was coming, had full knowledge of its immediate need and benefit to Texas and Texas Families, had virtually unlimited resources to implement it [two week project] and he has kept it off for 6 years.
One can not get a more clear black and white example of a Dual Standard of Justice in the State Legal system.
I am confident that many of your guests will use this precedent, clearly established by the Chief Justice of the Supreme Court of Texas to replead and or re evaluate the severity of their incarceration, as they should have every right to do.
If your organization fails to promptly pass this information to your guests and I am ever asked to testify in any case involving the “unequal / unfair” incarceration of one of your guests, when compared to the misconduct of Mr Hecht, I promise to be forthright of my perception of your integrity and the concept of fairness and equity within your organization.
I am not personally suggesting releasing any unreformed individuals who have created a monetary loss to Texas or Texas Familes but, if we do not have a legal system that is equitable to all, we have no legal system at all.
Sincerely,
Thomas Kam P.E.
7621 Spicewood Springs Road
Austin, Texas 78759
512-219-1574
tom@tkaustin.com
cc: Texas State Commission on Judicial Conduct
Texas Legislature
Texas Media
Dallas Probate Judge Margaret Jones Johnson
Carol Kam