Friday, February 19, 2010

More Info on Mockingbird vs Town of Flower Mound

Mockingbird vs Town of Flower Mound. Eminent Domain. Case No. PR-2010-00050, Judge Don Windle.

We found that Judge Windle will not be seeking another term. During our research we found some information on him. He has been publicly reprimanded before. It was for appointing family and friends. He was accused of helping to promote Beverly McClure's Guardianship Services, his wife at the time. Read pages 26 through 30.

At some point in or before 2003, Judge Windle approached the Denton County
Commissioner’s Court about budgeting for a program that would provide
guardianship services for incapacitated persons

In late 2003, the Denton County Commissioners Court allocated $75,000 for a
guardianship program such as that which had been promoted by Judge Windle.

In late 2003, McClure began the process of establishing Guardianship Services,

On January 9, 2004, the entity was incorporated as a Texas nonprofit

He appointed his friend Rick Woolfolk to serve as a commissioner in eminent domain cases handled by Judge Windle’s court.

Rick Woolfolk, an investment broker with Raymond James in Denton County,
has been a friend and business partner of Judge Windle since approximately 1997.

Specifically, Judge Windle and Woolfolk have a limited partnership with a
corporate general partner that owns an airplane. Woolfolk also owns an option to
buy a one-half interest in the hangar housing the airplane. The company that
owns the hangar is Windle and Windle Investments, Inc., whose sole shareholder
is Judge Windle. Judge Windle also carries a debt owed to him by Woolfolk in
connection with Woolfolk’s ownership interest in the airplane.

During the period of time of their friendship and business association, Judge
Windle has appointed Woolfolk to serve as a commissioner in eminent domain
cases handled by Judge Windle’s court.

According to a Dallas Morning News article dated May 27, 2005, Woolfolk has
“received at least 47 appointments [as an eminent domain commissioner] worth
almost $30,000.”

In the same Dallas Morning News article, it was reported that Woolfolk’s
investment firm “also earns money, with Judge Windle’s approval, safeguarding
stocks belonging to dead or incapacitated people in probate court.”

Although Judge Windle disputed some of the facts asserted in the Dallas Morning
News article, he never challenged the accuracy of the reporter’s information when
it was published, nor at any time thereafter.

Click here to read about it in the Texas Bar Association Disciplinary Actions Newsletter. Go to page 5. Here is a paragraph from the newsletter.

Dallas Morning News published an article raising serious questions about the judge’s impartiality, integrity, and independence and casting public discredit upon the judiciary and administration of justice in Denton County. In reaching this conclusion, the commission
notes that Windle provided false and misleading information to the commission in his sworn written responses to the commission’s initial inquiry. Windle’s lack of candor to the commission proved to be an aggravating factor in reaching a final decision in this case.

One of those estates that they were paid to guard was under scrutiny because the will of the woman was revised while under court supervision. Click here to read the Dallas Morning News article. After the woman Erle Veatch died, it was found that Judge Windle and others were amoung the beneficiaries.

•Judge Windle, who was to receive $50,000.
•Beverly McClure, the court-appointed guardian of Ms. Veatch and Judge Windle's ex-wife and court investigator, who was to receive $100,000.
•Duane Coker, a court-appointed attorney who represented Ms. Veatch's interests, who was to receive $50,000.
•Roy Anderson, Judge Windle's personal accountant, friend and court-appointed guardian of the Veatch estate, who was to receive $50,000.
An additional $120,000 was used to cover court fees that Judge Windle approved for the appointees and their lawyers during the sisters' cases.

As mentioned the post below, Flower Mound’s Town Attorney, Terrence Welch, testified that, in his capacity, he has standing orders to vigorously defend our town in ALL lawsuits filed against the town. Those orders go back over 19 years that he has been Town Attorney.

Judge Windle has ordered Terry Welch, our Town Attorney to go back to Town Council and obtain a resolution authorizing him and his law firm to represent the town in this action.

So after 19 years of representing the town, now we need a resolution!


Anonymous said...

I can't believe a court can actually do this. We have 62000 residents and we might not have representation on Monday!!! How can this be?

Anonymous said...
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Anonymous said...

We can only hope that since this happened, he has improved his practices. Sometimes it takes something like this to get somebody back on track. I could be wishful thinking.

sickofthreats said...

This judge could very well have his mind made up already. But, the town must defend itself. Otherwise the gas drilling companies will just bulldoze over us.