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April 12, 2021: Finding legal malpractice in Charlie’s guardianship court Orders

We are not lawyers, but we can recognize a legal error when we see one, and that’s the only way we can describe the January 29, 2019 ORDER, signed by Judge Oscar Kazen, presumed to have been drafted for his judicial signature by attorney William Leighner, that misstates on January 29, 2019 Charlie Thrash did not have either a Guardian of his Estate or Guardian of his Person — when that is legally and factually incorrect, and there is NO WAY that could have escaped William Leighner or Judge Kazen’s attention or knowledge.

Again, we are not attorneys, but only attorneys could find anything forgivable about what we feel is a gross malpractice of law, committed by William Leighner and worse still, committed into legal action with Oscar Kazen’s judicial imprimatur.  None of the skilled, practiced probate attorneys that work on Tonya Barina’s team of attorneys and have all had a role in removing Charlie from Laura’s care, including Laura Cavaretta, Les Katona, Bill Leighner and Karen Andersen, have a single excuse for using a fill-in-the-blank form, designed for a proposed Ward, not a Ward who already has a Guardian of the Person (Laura Martinez), as well as a Guardian of the Estate (Tonya Barina.)

That Bill Leighner and his partners Cavaretta, Katona and Andersen, along with Judge Oscar Kazen, might attempt to claim they did not know that they were violating Charlie’s Rights, along with many sections of the Texas Estates Code, is just laughable, if it hadn’t resulted in such dire & serious situation that Charlie Thrash is still enduring: Complete removal of all his Rights as a Human Being by a court and put under guardianship, from which he is completely trapped, isolated, without any visitation rights criminal prisoner would have, because, after all, Charlie’s just a piece of property belonging to the court now, not a human being, legally-speaking, as far as we understand this legal mess.

Most importantly it appears Judge Kazen’s January 29, 2019 Order prima facie violates Texas Estates Code Section 1203 Resignation, Removal, or Death of Guardian; Appointment of Successor, as it appears the legally-sanctioned process to remove Charlie’s choice of guardian and his common-law wife, Laura Martinez, and install Judge Kazen’s political benefactor, Mary Werner, has been completely ignored by Judge Kazen, and Cavaretta, Katona, Leighner and Andersen in this brazen misstatement framed as an Order.

This is not only legal malpractice by the attorneys involved but this Order, because it is an Order signed by a presiding judge, appears to be some type of judicial malpractice, or perhaps just plain, old judicial corruption, from what we read Judge Kazen saw fit to include in his January 29, 2019 order, incorrectly named ORDER ON MOTION FOR NEW TRIAL and MOTION TO RECONSIDER.

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