John WorldPeace
August 29, 2003
The Honorable James R. Fry
15th Judicial District Court
200 S. Crockett St.
Sherman, Texas 75090
via fax at: 903-813-4304
Re: Cause No.: 2002-42081; Commission for Lawyer Discipline vs. John WorldPeace; In the 269th Judicial District Court of Harris County, Texas
-- RECUSAL --
To the Honorable Judge Fry,
1) It is always difficult to write a letter like this but I have little choice. For the following reasons I am asking you to vacate whatever orders you signed on August 27, 2003, and to recuse yourself from this lawsuit.
2) I have been concerned about some of your rulings, particularly the fact that you have no jurisdiction under Rule 3.01 TRDP to have tried the five grievances added on by the State Bar ten weeks after suit was filed. (I do not know if you signed an order on Wednesday requiring Mr. Molleston to produce the lawsuits where he claimed in pre-trial that the State Bar had violated Rule 3.01 TRDP on prior occasions or not.) I am also concerned about your trying of the Collins matter that was barred by res judicata. However, I did not give it recusal consideration at the time because bad rulings are just part of litigation.
3) I did not give a lot of consideration to the fact that you are a Democrat and that as a Democratic candidate for governor in 2002, I created a lot of havoc and ill will in the Democratic Party going against what I rightly perceived as an insane “dream ticket”. As a Democrat, I felt that my combative campaign probably bothered you but at the time I did not think it would really affect your rulings. I also knew that my actions in my Democratic campaign for governor alone would not be enough to recuse you under the TRCP, so I let it go.
4) I was concerned at trial that you kept looking to the Bar for responses to my challenges and took Mr. Molleston’s word at face value when you knew that Dawn Miller had a history of ignoring the law as evidenced by her filing suit against me ten years ago after the statute of limitations had run. That suit was dismissed with prejudice. I informed you early on that I intended to shut down the State Bar grievance process and that we would be going into many areas of the law on a first impression basis but you continued to trust the Bar. I still believe that you did not take a careful look at the current state of the disciplinary law even though my good name and ability to make a living hung in the balance.
4) I was greatly concerned when you signed an order with a Mother Hubbard clause in it which your significant judicial experience undeniably proves that you knew that if I did not move to modify the Judgment of Disbarment, would have wiped out all my counter claims in the lawsuit which you verbally severed at pretrial. I still find it hard to believe that you signed the Judgment for Disbarment with that clause in it.
5) I also weighed the fact that I had withdrawn from the Masonic Lodge, Scottish Rite and Shrine in 1988 (I was raised in 1973 at Oak Forest Lodge in Houston) after I changed my name to WorldPeace because I did not want to be affiliated with any organization. I considered this when I saw your Masonic ring when I first met you.
6) I was further concerned when I received a call from Andy Sanchez 30 minutes after I faxed you my letter yesterday responding to Mr. Molleston’s letter of August 26th. Mr. Sanchez told me that you had come into Houston unannounced on Wednesday and signed multiple orders in this lawsuit. I was not sent a copy of a single order. I was told by Mr. Sanchez to go see the ancillary clerk this morning to get copies of the order.
Well the problem is that trying to track down an order in Harris County in the week after it has been signed is a nightmare. In this case, I do not even know what to ask for because I have no idea what you signed. (I am asking you to order Mr. Sanchez to make sure a copy of the orders you signed are faxed to me today. I have no intention of spending my day trying to track down an unknown number of orders which you signed.)
7) I am concerned with the fact that I signed up to run for Mayor of Houston at 8:15 am on Monday, August 25th, (the first day of filing) and that two days later you came into town unannounced and signed multiple orders after setting aside the initial judgment for disbarment two months prior on June 23, 2003. It is too much of a coincidence that you would wait two months and then come into Houston within forty eight hours after I filed for Mayor.
8) What makes this matter even more complicated is the fact that this morning in doing an internet search on you, I found a Legislative Resolution honoring you on May 18, 2001. (Copy attached) What stuck out like a gigantic red flag was the fact that you are an elder of Covenant Presbyterian Church. I am locked in a vicious battle with Heights Presbyterian Church and the Presbytery of New Covenant on behalf of my mother and about half of the congregation at Heights Presbyterian Church. (See http://www.presbyterians-r-us.com)
In addition, I have an appeal on file in the Fifth Appellate Court in Dallas, Cause No. 05-02-02882-CV regarding what I consider a $1 million illegal bequest to the Presbyterian Church to the detriment of my client Dan Cupp. The point is that since I have been emailing the entire bureaucracy of the Presbyterian Church, USA (Presbyteries, Synods, General Assembly and many individual churches) regarding the problems at Heights, there is little doubt in my mind that you were aware of the fact that I am putting the Presbyterian Church, USA on trial.
Further, I cannot help but believe that you are aware that Judge Lindsay, in the 280th District Court, Harris County, has many submission hearings set for September 8, 2003 regarding my mother’s lawsuit involving the Presbyterian Church (Cause No. 2002-20203 ) I am sure that you are aware that a disguised motion for abatement was granted by Judge Lindsay on June 11, 2003, due to the April 23, 2003, Judgment for Disbarment which you set aside. (Copy attached) The point is that I believe you intended to enter a new judgment of disbarment to further delay a ruling by Judge Lindsay to the benefit of the Presbyterian Church Defendant’s in that lawsuit. The timing is just too coincidental.
9) What further impacts on the Presbyterian Church connection is the fact that on August 26, 2003, the State Bar processed a grievance against me filed by Walter Ellis, of Heights Presbyterian Church and one of the main conspirators in the theft of funds from Heights, on July 24th. The question is again why was this grievance processed by the Bar on August 26th, the day after I filed for Mayor when the Bar had it for a month? Then the following day, August 27th, you came into Houston unannounced and sign orders.
10) Quite frankly the coincidences are just too numerous. I cannot ignore all this and not request you to vacate your orders of August 27th and recuse yourself from this case. I am very much aware that this is a drastic action. However, I can no longer give you the benefit of the doubt as to you impartiality in these proceedings.
I am asking you to vacate your orders of August 27th and to recuse yourself. I will give you until next Wednesday, September 3, 2003, to do this. If you do not recuse yourself, I will have no choice but to file an official motion to recuse which I believe will have to be considered by the Supreme Court as opposed to Administrative Judge Underwood who presides over Harris County. I cannot allow you to rule on my post judgment motions. Especially, considering the undeniable fact that you severed the mandatory counter claims which significant case law dictates is an abuse of discretion.
Very sincerely,
WorldPeace
cc:
J. G. Molleston, State Bar of Texas via fax 713-752-2158
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