General Information

4 posts

Texas State capitol

Gay Marriage and State Sovereignty

There has been a lot of discussion recently in regards the recently proposed House Bill 623. This bill essentially proposes to allow Texas to circumvent federal court decisions in regards to declaring gay marriage bans unconstitutional. However, rather than continue the discussion of whether gay marriage should or should not be legal, this bill poses some interesting questions in regards to a state’s ability to circumvent the federal courts. The Texas attorney general has already appealed the previous federal court decision from February of last year to the 5th circuit courts, and oral arguments on that issue will be taking place imminently. However, this bill appears to be proposed as a┬álegislative mechanism to avoid the courts entirely. The strangest thing about this to me is that it is being proposed BEFORE the judicial avenues have been exhausted, which makes little sense, as it could be rendered effectively moot by a favorable outcome in the 5th circuit courts by the attorney general. As an attorney, from a procedural standpoint, this is a fairly troubling issue as the intent is clearly to strip power from the judiciary. Though the chances of success may be low, the intent is still there and still […]

Family Law: First Client Interview

There are a lot of things that I like to cover in a first client interview. As a board stroke, the first thing I like to go over with clients is determining what the current status quo is. This is important for a number of reasons, but primarily because a judge’s predisposition at a temporary order hearing is typically to maintain permanency for children and not to rock the boat. The other reason is to discuss what with my client what things are good about the status quo, and what things we will be looking to see if we can modify, either via agreement or via judicial intervention. I typically try to get a feel for my client as a person as well. Is this a person who is motivated by rationality and finances? Are they motivated by emotion? Some combination? This determination has relevance as to what stance is taken with opposing counsel and the bench, as I try to tailor my own persona to how my client would wish to be perceived to a certain extent. It also has relevance to things I would ask for, as well as my own personal dealings with my client. Do they […]

Texas Judicial Appointments Are Extremely Odd!

So, there was recently a judicial election in Tarrant County. But most of the voters probably had no idea. And even if they did, they wouldn’t get to cast a ballot. Why is that, you might ask? Well, that’s because only Republican precinct chairs have any say regarding the candidates for two state district court seats. Ironically, the event in which the chairs will choose someone to put on the ballot is open to the public, the public simply doesn’t get to vote on it. If you think that this system is highly susceptible to cronyism and potential corruption, you are probably right, but that’s just part of the quirks of the Texas judicial system. Admittedly, even in situations where the public CAN vote on judges, the turnout and overall education level of the voters in regards to the candidates is poor at best. That said, I am not sure removing the public entirely from the equation is the best solution. Voters often underestimate the effect that judges have on the day to day life in society, at least until they are before one themselves. Texas is an extremely large state, with a large number of counties, many of which […]

Welcome to the Texas Family Law Blog!

This is just a quick introductory post to let everyone know what I intend to do with this blog. There are a couple purposes, one of which is occasionally I see an issue that intrigues me, or that I simply want to rant a bit about. Another reason is that I see a lot of people confused about various family law issues that could be easily answered in a few minutes. Many of these people don’t even really need an attorney, and hopefully this blog might help them be better educated about some topics. Additionally, some people think they know more than they do, and this blog might help them question that belief and either do more research on their own, or consult an attorney. Things may change as time goes on, but hopefully this will be a good source of information for the public. If anyone sees information they disagree with or think is wrong, please write a comment about it or send me a message. I will read it, I promise! I am also not infallible by any stretch of the imagination, and the quicker I correct my mistakes the better. Just to note, this blog is designed […]