Court action

MIA: Where is Judge’s Order Removing Laura Martinez as Guardian for Charlie Thrash?

There is NO Order by any judge removing Laura Martinez as Charlie Thrash’s guardian. That is an unlawful action in and of itself.

Laura’s effective removal as Charlie’s guardian by Judge Oscar Kazen in his Jan 29, 2019 Order is in direct violation of the provision of Texas Estates Code Sec 1203.051 and Section 1203.056, two sections designed to protect Wards from predatory parties, including attorneys, from manipulating law & court to remove Ward’s rights & assets without proper Due Process.

On Jan 29, 2019 Judge Oscar Kazen FAILED TO FOLLOW THE LAW in appointing his neighbor & Mayor’s wife Mary Werner to be Charlie’s guardian. In order to replace a guardian, the law is clear:

Texas Estates Code Section 1203.051: Removal without notice; Appointment of a Guardian ad litem and Attorney ad litem.

(b) In a proceeding to remove a guardian under Subsection (a)(6) or (7), the court shall appoint a guardian ad litem as provided by Subchapter B, Chapter 1054, and an attorney ad litem.

“Shall appoint” means the court has NO CHOICE – the judge MUST APPOINT a guardian ad litem and attorney ad litem whenever a Ward’s guardian is removed. At no point on January 29, 2019 or at any time since has Judge Oscar Kazen  followed the legal requirements of his judicial position and appointed a Guardian ad litem or Attorney ad litem for Charlie Thrash. Charlie remains under a guardianship, with NO LEGAL REPRESENTATION, due to Judge Kazen’s improper judicial decisions that do not follow Texas Estates Code.

This means Judge Kazen’s Jan 29, 2019 installation of his political benefactor and wife of probate attorney and Shavano Park Mayor, Mary Werner, was not done according to law, and can and should be immediately overturned by the Court of Appeals, where this Order languishes, for want of an Appeals Court with Integrity.

Updated Sept 9, 2021:  The Appeals Court has upheld Oscar Kazen’s removal of Charlie Thrash from his home he shared with his common-law wife Laura Martinez-Thrash. The Texas Supreme Court has refused to hear all appeals brought before it. Charlie Thrash has no further possible chance of appealing his guardianship as all Texas courts have ruled against his freedom, while ruling for Bexar County Probate Judge Oscar Kazen’s brazen misuse of law, and abuse of power.

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