Friday, May 23, 2008

FROM HOUSTON CHRONICLE: THE JUSTICE OF THE PEACE WHO REFUSES TO EVICT DURING CHRISTMAS - I SAY WAY TO GO JUDGE GEICK!

HE TELLS LANDLORDS AND PROPERTY OWNERS NOT DURING CHRISTMAS - SORRY!

A state judicial commission issued a public admonition against Fort Bend County Justice of the Peace Gary Geick for not considering eviction requests during the Christmas season.

The State Commission on Judicial Conduct heard allegations last month against Geick, the JP in Precinct 1, Place 2. The panel issued its admonition late Thursday.

At issue is Geick's long-standing policy to not consider eviction requests during the latter part of December. He did not appear before the panel, but provided a written response.

According to evidence presented to the commission, in December 2006 a man attempted to file a forcible detainer, or eviction notice, through Geick's court. The man was told by Geick's court staff, however, that the judge had a policy of not accepting eviction filings during late December.

The man was told to return after the first of the year or go to another justice of the peace. Others wanting to file eviction notices were given the same advice.

Geick told the commission he had followed this practice throughout his 20 years on the bench. He said he did not want to "kick someone out of their home at Christmas," and also stated that he usually takes vacation during that time.

The commission concluded that Geick had failed to comply with the law and demonstrated a lack of professional competence in the law.

"Although Judge Geick may have had good intentions for creating this policy, the commission found no statutory or other legal authority that would allow a judge to simply refuse to accept cases for filing over which his court has jurisdiction and venue," the panel wrote.

Geick told the commission that he recognizes his policy is not authorized by law, and that he has instructed his staff to accept all eviction cases, no matter when they are requested.

MORE AT WWW.CHRON.COM!

1 comment:

  1. Anonymous10:34 PM

    Does accepting the notices mean that he has to rule on them at that time?

    ReplyDelete