Texas Family Court Judge Accused of Billing Fraud

A former Texas family court attorney, now a Texas family court family judge, has been accused of billing fraud and overbilling during her time as a court-appointed attorney representing abused women and children. Alicia Franklin, the new judge for the 311th District Court had reportedly turned in bills to the court system in which she worked more than 24 hours a day and took on duties ranging from courtroom proceedings to post office errands.

Texas Family Court Judge: Everybody’s Doing It

Judge Franklin and her supporters allege that attorneys billing the Texas family court system for work done by associates and staff members is common practice, even for court-appointed attorneys. A Houston Chronicle report showed that Franklin had billed the Texas family court system more than $800,000 over the last four years. Since the Texas family court invoices do not include spaces that delineate work done by attorneys from work done by staffers, the invoices can make the billing statements appear that the billing attorneys undertook all the work themselves.

Confusion Over Texas Family Court Billing

Attorney Greg Enos, a Webster-based Texas family court lawyer, filed the criminal complaint with the Harris County District Attorney’s Office against Ms. Franklin. Mr. Enos also submitted vouchers and activity logs filled in and signed by Ms. Franklin attesting that she, not her associates or staff, carried out the assigned tasks. The logs do not include a space to indicate that anyone else completed the tasks.

Legal Language Surrounding Texas Family Court Billing

According to Texas family court regulations, attorneys “shall complete and submit to the court a voucher or claim for payment that lists the fees charged and the hours worked by the guardian ad litem or attorney ad litem.” Previous to her appointment to the bench, Ms. Franklin worked extensively as an attorney ad litem, a job in which she represented children and other family members who were determined to be legally incompetent. The specific language of this section of the Texas family court code does not mention the process for billing for work done by associates or staff members.

Political Tinge To Texas Family Court Allegations

Supporters of now-Judge Franklin, as well as her predecessor, Denise Pratt, allege that Mr. Enos’s complaints against Republican Texas family court judges carry more than a bit of political bias. Mr. Enos’s complaints against then-Judge Pratt spurred two grand jury investigations, which forced Judge Pratt to resign in March to avoid criminal charges. Judge Franklin’s campaign office called the Texas family court allegations a “political attack of a self-described liberal Democrat blogger” in league with Sherri Cothrun, the judge’s opponent in this November’s election.

Source: Houston Chronicle 

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