Ed ________, Executive Director
INFORMED CITIZENS

Texas Senator Chris Harris
Jeff Jetter, Chief of Staff
(512) 463-0109 / (512) 463-7003
Jeff.jeter@senate.state.tx.us

INFORMED CITIZENS commends you for taking action on frivolous litigation. We have reviewed SB 516. Please provide us with the name of the person on your staff to whom this bill has been assigned.

We respectfully bring to your attention a serious problem not addressed by current statutory law directed at the problem of frivolous ligation. (Chapter 11 of our Civil Practice & Remedies Code). That is litigation where the STATE is the Plaintiff, and Attorneys on the Public Payroll funded by the Citizens of Texas are the Plaintiff’s Attorney, representing the STATE in litigation that is frivolous and vexing to the Texas Citizen.

where the STATE is a party to the action.

Whether private Citizen of Texas is a Defendant to a lawsuit (a legal action; civil or penal) initiated by the STATE, or whether the private Citizen is the Plaintiff attempting to recovery private property taken, damaged, and destroyed by the STATE by vexatious, frivolous, action, legal or unlawful, by the STATE,  the litigation is VEXING. It can consume their all their assets and entirely consume their life as they attempt to preserve, protect, and defend the Constitution and Laws of the United States and of this State from those who are opposed to the Constitutions and our way of life, but live at public expense by employment as a STATE ACTOR while making an appearance, or otherwise pretending, to serve the public.

In our Land of Texas the vast majority of vexatious lawsuits and frivolous litigation is initiated by, and maintained by, Attorneys on the public payroll. The largest law firm in most counties of Texas is the Law Firm known as the Office of the District Attorney, the County Attorney, or a combination of the two. The largest Law Firm in our State is the Office of the Attorney General with 722 Attorneys employed in the Law Firm. Vexatious appeals by this Law Firm has recently been given attention by the media in the Houston area.

If a private Citizen is a party / plaintiff to a lawsuit, they must expend their time, as well as their personal finances, to open the door to the courthouse. Generally they will not have an Attorney represent them unless they pay the Attorney from their own pocket. It is very rare for an Attorney to take the case on the contingent of obtaining recovery of their loss, if the party that committed the unlawful acts is one or more persons on the public payroll as an employee of the State of Texas, or its subunits of government on our land of Texas. This, alone, is a substantial deterrent to the filing of, or the maintaining of, frivolous litigation.

However, the Attorneys whose livelihood comes from the Texas Public Treasury, funded by taxes paid by the private Citizen of Texas, have no such deterrent. They pay no filing fees. They receive a regular paycheck from the taxpayers regardless of whether or not the legal action they filed has merit or ever ends favorably for their client. All the expenses of their practice at public expense is immediately paid without submitting a monthly bill to their client for scrutiny by the client. And they pay no taxes, as what ever appears on their check as a tax is drawn from the same pool of funds the remainder of their check comes from. Thus, it is simply an accounting entry of no substance.

With this sort of payment scheme it is in their personal interest to file vexatious litigation and vexatious appeals endlessly. Furthermore; Judicial Officials fear the political power of the Law Firms funded by our public treasury. They rarely, if ever, sanction them for their abuse of the process.

The direct victims of this malfeasance are often devastated in every way by the litigation even if they prevail in defending against the action, while every private Citizen of Texas is an indirect victim from the unnecessary litigation expense paid with their tax dollars. The direct victim has no remedy. The STATE is unlawfully permitted, by Judicial Officials and past legislators, to claim ‘sovereign immunity’ as a defense against an action by the TRUE sovereign of this Land; The True sovereign is the people of Texas, and the private Citizen as a member of that sovereignty. See our STATE’s original documents, the Texas Declaration of Independence, and our Texas Constitution, section 2 of Article 1 for the identity of the sovereign for this land.

The STATE is not the sovereign, but may represent the sovereign ONLY if it is acting within the limits of the law. But the Attorneys employed to represent the STATE, often are NOT acting within the limits of ANY law. They bring legal actions against the people of Texas / the private Citizen of Texas (the sovereign) without any lawful jurisdiction (authority). They act as if there are no limits on their jurisdiction. But the very purpose for the creation of law is to LIMIT the authority of the STATE, and provide IMMUNITY to the CITIZEN of the STATE, absent a clear and unambiguous waiver of the immunity of the CITIZEN from State Action. But Judges are reluctant to dismiss any case brought by the STATE. When the STATE loses at trial, the STATE automatically appeals, even when there is clearly no merit to their appeal.

The STATE is he only party to litigation on our land of Texas that is exempt from a security bond for its appeal of judgments against it. This is very VEXING for the Private Citizen who has already been devastated by unlawful actions of the STATE by and through STATE ACTORS. By contrast; Private Citizens and the Private Enterprises they own and operate, or have a financial interest in, are required to post a bond, two (2) times the amount of the judgment, to appeal an adverse money judgment.

Please assist us in addressing this in this session. Please work with us to author a bill, or let us know if you are willing to sponsor, or co-sponsor a bill directed at addressing frivolous legal actions, criminal and civil, and vexations litigation by frivolous, meritless appeals, by the STATE by and through Attorneys employed at public expense.

We look forward to hearing from you. Sincerely,

Ed _________, Executive Director, INFORMED CITIZENS