Do you know what an amicus attorney is?

Do you know what an amicus attorney is?

February 16, 2015

Since the passage of this code in 2003, there have been significant complaints by litigants and attorneys working in Family Courts of Texas. The assignments have been in many cases rampant with charges of corruption, collusion, and abuse of power. Where the statute is of dubious need, some courts have used the appointment of an amicus to create additional confrontation, animosity, additional costs, and a longer more prolonged litigation. 

The appointment creates an untenable opportunity for the Amicus to ally with one of the other parties’ attorneys and to enter into a Mary Carter Agreement and commit fraud. In many cases the sitting judge encourages and supports this by appointment of specially selected counselors and social studies caseworkers to fully support what the Amicus advises the Judge.  Communications with the judge are frequently done without full disclosure to the targeted party.  This is a fundamental denial of due process and is blatantly unconstitutional. This process is destroying families, through mental distress, and most often bankrupts the family. Monies set aside for the children for education, health, and travel are often peculated through abusive billing practices and demands for child support often having been changed through sharp practices and absent any tangible evidence. This abuse is made possible by the Amicus.

 –   The court mandates parents to enter into a services contract with a named private party (amicus attorney) in violation of the Commerce Clause.

 –    The trial court is the amicus attorney’s client and an obvious conflict of interest.

–   Statutorily the ‘amicus’ role is quasi-judicial and frequently in direct violation of constitutional and statutory rights as a parent.

–    Amicus has the right to access reasonable fees and classify them as ‘additional child support’, says one appeal court but another disagrees.

–   Ex-parte communication between amicus and judge violate the Confrontation Clause of both the US and TX Constitutions.

–   Amicus attorney recommends involuntarily termination of parental rights based on amicus’ investigation if parent has been involved in child’s life.

–    District Courts are violating a Supreme Court Order by a not reporting amicus and court appointment fees.

–    Hearsay and not evidence is being presented to the court by court appointments.

–    Special Interests Groups are training attorneys, CPS and influencing judges.

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