Dallas Judge in Younger Custody Case Faces Articles of Impeachment
FEB 17, 2023 | REPUBLISHED BY LIT: MAR 30, 2023
Judge Mary Brown of the 301st State District Court in Dallas County is facing impeachment charges in the Texas House of Representatives, with the resolution’s author citing her ruling in the custody case of James Younger as the reason he is seeking her removal from office.
State Rep. Bryan Slaton (R-Mineola) filed House Resolution (HR) 238 this week and issued a statement saying Brown’s actions in the Younger case constituted “child abuse.”
“By her rulings and decision in this case, Judge Brown put radical gender ideology and its effect on children above her duty to uphold the Constitution,” Slaton said. “She made these decisions, despite knowing full-well that a child would be subjected to further gender modification surgeries, procedures, therapies and counseling – actions that all reasonable people know to be barbaric and abusive.
In the Younger case, which has gained national notoriety, Brown awarded custody of a minor child, whose father Jeff Younger says identifies as his son “James” in his custody, to his mother, Anne Georgulas, who says the child identifies as a girl named “Luna” in her custody.
The battle has gone on for years and concluded with Brown ruling Georgulas has the exclusive right to consent to James’ medical procedures except for hormone suppression therapy, puberty blockers, or transgender reassignment surgery. However, Georgulas moved herself and her children to California, where a recently enacted “transgender sanctuary” law would likely keep her from facing consequences if she defied the Texas court order.
This saga along with others has prompted the issue of prohibiting medical child gender modification to the forefront of conservative priorities this session. It was recently listed as a priority issue for Lt. Governor Dan Patrick.
But an outright ban isn’t the only way Slaton is combating the issue. Citing an opinion letter by Attorney General Ken Paxton that determined sex reassignment surgery on a child constitutes child abuse under current Texas law, the Mineola Republican says he is seeking the judge’s ouster because her actions of awarding custody to Georgulas would expose the child to illegal practices.
The Texas Constitution invests the House of Representatives with the power to impeach state officials, including district judges, and allows said officials to be fully removed and prohibited from holding public office upon conviction by a trial in the Senate.
Slaton’s resolution invokes a constitutional caveat to this process, which requires state officers facing impeachment to be suspended from their duties during the pendency of the proceedings.
“All officers against whom articles of impeachment may be preferred shall be suspended from the exercise of the duties of their office, during the pendency of such impeachment,” reads the suspension clause, which also allows the governor to then appoint someone to temporarily fulfill the duties of the suspended official.
Brown, a Democrat, was recently reelected to another four-year term in November after facing two challengers in an unusual electoral circumstance.
After failing to file for reelection in the March primary as a Democrat, Brown filed for reelection as a write-in candidate and ultimately faced two other write-in challengers for the district court.
A decision that dissenting judges called inconceivable, Missouri Supreme Court won’t disbar a defense attorney it found had sexually assaulted six clients, including some who were incarcerated, instead suspending his license and allowing him to apply for reinstatement after 1 yr.
— lawsinusa (@lawsinusa) March 22, 2023
88R3988 BEF-D
By: Slaton H.R. No. 238
R E S O L U T I O N
WHEREAS, The House of Representatives of the Texas
Legislature has exclusive power to present articles of impeachment
against a state officer under Section 1, Article XV, Texas
Constitution, and Chapter 665, Government Code; and
WHEREAS, Judge Mary Brown, Judge of the 301st Judicial
District, engaged in conduct constituting abuse of a child under
Section 261.001(1), Family Code, in certain judicial actions
involving custody of the children of Jeff Younger; and
WHEREAS, Judge Mary Brown, Judge of the 301st Judicial
District, demonstrated conduct unbecoming a judge by violating the
Texas Code of Judicial Conduct; now, therefore, be it
RESOLVED, That the Texas House of Representatives impeach
Judge Mary Brown, Judge of the 301st Judicial District; and, be it
furtherRESOLVED, That in accordance with Section 5, Article XV,
Texas Constitution, Judge Mary Brown, Judge of the 301st Judicial
District, be suspended from the exercise of the duties of her office
during the pendency of her impeachment, and that the governor may
make a provisional appointment to fill the vacancy occasioned by
the suspension of Judge Brown until the conclusion of her trial by
the Senate on the impeachment charges; and, be it further
RESOLVED, That the House of Representatives of the 88th Texas
Legislature conduct an investigation under Section 1, Article XV,
Texas Constitution, and Chapter 665, Government Code, prepare
appropriate articles of impeachment against Judge Mary Brown, Judge
of the 301st Judicial District, and consider those articles for
presentment to the Texas Senate.
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