The Truth about Judge Wells: Who’s Watching the Watchers?

The Truth about Judge Wells

Who’s Watching the Watchers?

By

James Scott Trimm

Family Court judges interact with people in what is often one of the worst experiences of their lives.  The cases often involve people with seemingly conflicting rights over the same property and more importantly, their children.   The dilemma of child custody disputes goes all the way back to the times of Solomon (1Kings 3:16-28).  Unfortunately half of disputants leave Family Court unhappy.  In fact, often, both parties leave unhappy.  When people are caught in emotionally wrenching situations and are disappointed by the outcome, it is easy for them to interpret their disappointment as “injustice” and this has led to a subculture of Family Court haters. 

The anti-Family Court subculture has formed an organization in Tarrant County which operates under the names Protective Parents of Texas (PPT) and Protective Parents Coalition (PPC) which maintain a groups of self-proclaimed “court watchers.”  Jennifer Olson who was one of the co-founders of the group largely leads the group.  In a recent article I documented that Jennifer Olson, who is a family violence activist, was herself arrested just last year for family violence. 

Much of this sub-culture is made up of former litigants in Family Court, who were personally disappointed by the outcome of their family court cases, and emotionally feel that their outcome was “injustice.”  This is a subculture of people that simply harbor an irrational hatred for family court judges.  One of the lightning rods for this subculture to hate on has been Judge Judith Wells of the 325th District Court.  This may be in no small part because Jennifer Olson’s most recent divorce and child custody dispute was handled by Judge Wells' 325th District Court. 

In my own investigations, I have discovered that PPT /PPC has been less than honest in its representations concerning Judge Wells.

For example, one Wells case famously cited by PPC/PPT is 325-371563-04 (Archer v Archer).  PPC/PPT recently shared a video of Ms. Archer saying:

Wendy Archer, has spoken out on this page of the trauma induced by Judge Judith Wells to her family. Presented below is a video with Ms Wendy Archer. We appreciate her speaking out and she continues to be an advocate for children and families that are being traumatized by the Tarrant County Family Court.

In the video Archer explains how she appealed her case in Wells' Court to the Appeals Court and even to the Texas Supreme Court, but lost both appeals.  She claims this demonstrates the “…corrupt culture in the Tarrant County Family Courts which are closely connected all the way up to the State Supreme Court of Texas.”

What PPT/PPC doesn’t tell you is that Archer actually settled her case out of court.  (It is amazing the number of cases that PPC/PPT cites as examples, which were actually settled out of court.)  In this case Archer had become dissatisfied with the Amicus Attorney who had been appointed to represent the interests of the children.  Archer was unhappy with the fact that the Amicus Attorney representing the best interests of the children, was to her view, “aligned with” the children’s father in "her desire for the children to live primarily with the father.”  When Wells did not entertain her desire to remove the Amicus attorney, Archer filed a motion to have Wells herself recused.  When Judge Welker denied that motion, Archer appealed that ruling to the Appeals Court which said:

Appellant Wendy Jo Archer attempts to appeal from denial of her motion to recuse the trial judge in cause number 325-371563-04.   Judge Jeff Walker heard appellant's motion and denied it on April 16, 2010.   Appellant filed a notice of appeal, and on May 12, 2010, we notified the parties of our concern that this court lacked jurisdiction over this appeal because the “Order Denying Motion to Recuse” does not appear to be a final judgment or an appealable interlocutory order.   We also stated that the appeal would be dismissed for want of jurisdiction unless appellant or any party desiring to continue the appeal filed with the court, on or before May 24, 2010, a response showing grounds for continuing the appeal.   No response has been filed.

Generally, an appeal may be taken only from a final judgment or order.   Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex.2001).   An order denying a motion to recuse is an unappealable interlocutory order.  Hawkins v. Walker, 233 S.W.3d 380, 401 (Tex.App.-Fort Worth 2007, pet. denied).   Specifically, rule 18a of the Texas Rules of Civil Procedure provides that an order denying a motion to recuse may be reviewed only “on appeal from the final judgment.”  Tex.R. Civ. P. 18a(f);  see Hawkins, 233 S.W.3d at 401.   Because the order from which appellant attempts to appeal is an unappealable interlocutory order, we dismiss this appeal for want of jurisdiction.   See Tex.R.App. P. 42.3(a), 43.2(f).

Still not satisfied, Archer appealed this to the Texas Supreme Court, which also denied her appeal for the same reason.

What PPC/PPT does not tell you is that Wendy Archer ultimately signed an agreement settling out of court, and of course you cannot appeal an out of court settlement, that is why it is an agreement. In the end Judge Wells simply signed off on the agreement Wendy Archer agreed to out of court, as Texas law generally compels judges to do.

In another recent posting in their "Vote No" to Judge Wells campaign, PPT/PPC shares an article about a “Texas Supreme Court ruling handed down on Judge Judith Wells” as if it is recent news (it actually happened way back in 2008).  

  

It appears that for Protective Parents of Texas, if the Texas Supreme Court upholds Wells' decisions, it is evidence of a “corrupt culture… all the way to the State Supreme Court of Texas.”   But the Texas Supreme Court reverses Wells, this is evidence that she is a bad judge.  This is what passes for rational thinking in the PPT/PPC pitchfork-crowd culture.

Who's watching the watchers?.... I am!