that some of
these [judge] assignments are being made (or not being made) not in conformance with
due process but upon the nature of the parties and the cases"
In plain English: Is someone custom picking judges because
of who I am?
Note: There is only to be an assignment of new judge when the former judge "recuses" himself (steps aside) or if someone asks him to "recuse" himself, he does not want to "recuse" himself, and another ASSIGNED judge rules that the OLD judge needs to be off the case, which almost NEVER happens. ONLY AFTER A JUDGE IS OFF, can the "presiding judge of the administrative judicial region" assign a "visiting judge" to take over the case.
If the judge decides he wants to get off, he enters (signs and files) an "order of recusal".
If the judge decides he does not
want to get off when asked to, he enters an "order of referral"
Those are his only [legal] options. One "asks" the judge with a "motion for recusal".
See Texas Rules of Civil Procedure, Rule 18.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
To: Hon. John Ovard, Presiding Judge Regular and CERTIFIED MAIL
First Administrative Judicial Region RESTRICTED DELIVERY
133 N. Industrial, LB50 7000 0520 0023 3781 2934
Copy: Ms. Pam Kelly, Court Coordinator Regular and CERTIFIED MAIL
294th Judicial District Court 7000 0520 0023 3781 2941
Copy: Ms. Karen Wilson, District Clerk Regular Mail FOUR (4) copies
294th Judicial District Court Please see Note at end of this letter
Copy: Ms. Leslie Dixon Regular and CERTIFIED MAIL
Van Zandt Criminal District Attorney 7000 0520 0023 3781 2958
Re: Inquiry and Notification
294th No. 03-00082 Udo Birnbaum v. Frank C. Fleming
294th No. 03-00460 Udo
Birnbaum v. Richard L. Ray (Filed
294th No. 95-63 William
B. Jones v. Udo Birnbaum (Filed
294th No. 00-619 The Law Offices of G. David Westfall, P.C. v. Udo Birnbaum (Filed
should recognize my name if for no other reason than my including you in my
I am concerned because I have reason to believe that some of these assignments are being made (or not made) not in conformance with due process but upon the nature of the parties and the cases:
No. 03-82: How did you come to assign Judge Donald Jarvis in the first place? There was NO motion for recusal, and certainly NO order of referral or recusal from 294th District Judge Teresa Drum?
No. 03-460: When can I expect assignment of a judge in
this case? There WAS an order of recusal by Judge Drum on or about
No. 95-63: When can I expect assignment of a judge in
this case? There WAS an
order of recusal by Judge Zimmermann on
It should also be noted that there NEVER WAS an order of recusal or referral by then 294th District Judge Tommy Wallace, nor EVER an order of assignment for Judge Zimmermann. He somehow just showed up. Noteworthy is that I had previously complained to him (Zimmermann) as presiding judge of the First Administrative Judicial Region, before Judge Pat McDowell.
No. 00-619: How did you come to assign Judge Paul Banner to this case, since there had been NO motion for recusal, and certainly NO order of referral or recusal from then 294th District Judge Tommy Wallace?
I am intentionally keeping this notice short and to the point. Details can be found among the papers in the various cases.
Udo Birnbaum, Pro Se
540 VZCR 2916
Note to Ms. Wilson:
I would appreciate you filing the four (4) copies I am providing you into the four (4) indicated files.
cc: Frank C. Fleming
(294th No. 03-00082 and 00-619)
Richard L. Ray
300 S. Trade Days Blvd.
(294th No. 95-63)
Joel C. Elliott
300 S. Trade Days Blvd.
(294th No. 03-460)