Update June 5 : The Truth About the Malonis Hearing

Texas Bluesman posted a thoughtful analysis of proceedings in Court last week among Malonis and various FLDS types. There’s been other not-so-thoughtful-or-accurate commentary as well.

Let’s separate fact from fantasy:

As revealed in the following correspondence, there had been a controversy brewing over how Malonis should return Teresa’s client file to her. This correspondence was attached as exhibits to pleading filed by Mindy Montford on Annette;s behalf:

Pages from emails

Note that the first correspondence from Teresa instructs Malonis not to release anything from the file to anyone for any reason, a very clear directive that sets the tone. Thereafter, Malonis receives numerous requests to have the file delivered to an anonymous address and to Annette or Annette’s attorney. Malonis asks for a directive from Teresa herself and needs confirmation that Teresa understands that she will waive attorney-client privilege if the file is released to a third person. Malonis attempts to work out a way to get the file to Teresa, even offering to have her co-counsel personally deliver the entire file to Teresa at the Ranch…to no avail.

Having been threatened with a complaint to the State Bar, Malonis asks the Court to make the ruling. See Malonis’ motion below:

Pages from clarification

This appears to be an attempt to protect not only Teresa but a way to protect Malonis as well. Malonis was in a position of possibly being accused of wrongdoing whether she released the file Annette or not. To defuse the issue, Malonis asked the Court to make a ruling about how to handle the file. One of the issues was whether Malonis was even still the Attorney Ad Litem for Teresa because there was still a motion pending where Annette, Willie and Merril were asking to seal the entire file and have Malonis and others turn over all copies of their client files:

Pages from motion to seal

So, the Judge in her wisdom set Malonis’ motion and the FLDS motion for hearing at the same time. The hearing took place on May 28. Willie, Merril and Annette were requesting that Teresa’s client file be released and that Malonis be ordered not to keep any copies. They were also requesting that the entire case be sealed or placed under a protective order so that the public could not have access to anything that had been filed — their bigger concern was that they don’t know the extent of materials Malonis received in discovery, and they are afraid of those materials being disclosed to the public.

Certain ex-cons who have taken an interest in FLDS matters have stated that the hearing was closed. That’s false, the hearing was open and there were non-parties present throughout. Said ex-con has stated that Malonis was reprimanded or that somehow the Judge was displeased with Malonis. False, again. Same ex-con reported that there is a gag order over everyone involved in Teresa’s case or that the Judge sealed the whole file. Strike three.

What the judge did rule is that the FLDS folks had not even made a proper request or followed proper procedure to seal anything. She also ruled that Annette (Mindy Montford) did not have a right to ask to protect dissemination of Merril and Willie’s depositions, nor was she going to order Malonis not to disclose or disseminate them, as they were public record. Although Montford tried to argue that the depositions should not have been filed with the records of the Court, Judge acknowledged that it was proper to file them in connection with Malonis’ motions to compel, since Merril and Willie collectively refused to answer some 600 deposition questions.

In the end the Judge ruled that Malonis could release Teresa’s file to Teresa in person at Malonis’ office on a date suggested by Malonis. After all parties and attorneys agreed that they did not object to an instruction to the Clerk regarding access to Merril and Willie’s depsositions, the Judge said she would instruct the clerk not to furnish copies of those depositions without the approval of counsel.

Here are the only orders that resulted from the hearing:

Pages from 5 658 8046_090529_172742499

219763

Update: As mentioned by Texas Bluesman, Andrea Sloan was at the hearing purporting to represent Teresa in negotiating the delivery of her file. Although Malonis didn’t challenge Sloan’s authority, she could have. In fact, her representation of Teresa at the hearing may well have been sanctionable or grievable conduct since Andrea Sloan had previously signed an agreement that she would not speak with Teresa without Malonis’ prior approval.

sloan rule 11[1]

Update 2: one of Malonis’ sons accompanied her and sat through the whole hearing. The hearing was definitely not closed. Maybe the lad is thinking of becoming a lawyer like his mom. Sources present at the hearing report he’s a good-looking boy and very well mannered. Malonis is said to have arranged with the Court in advance and sought permission to have her minor son attend the hearing.

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~ by FLDS TEXAS on June 3, 2009.

67 Responses to “Update June 5 : The Truth About the Malonis Hearing”

  1. Thanks FLDS Texas for setting the record straight on this. So Teresa has to come to Ms. Malonis’ office personally to get a copy of her records, wonder if weewillie will accompany her?

  2. I knew it wasn’t a closed hearing. I also knew that Judge Walther’s never jumped all over Ms Malonis. This was carried out the right and legal way, and I respect Ms Malonis for conducting herself in this manner.

  3. This ‘Lying for the Lord’ business just never stops, does it????

  4. So Andrea Sloan was trying to steal a client from another attorney as far back as October 08, then she shows up in court in May 09 representing said client? Wow, isn’t that illegal?

  5. My My, seems that Andrea Sloan doesn’t abide by her written agreement! and she signed it and everything!

  6. Thanks to TexasFLDs and TexasBlueMan for getting this information out. Thanks also to Ron who made a very good post on TBM’s blog article on the hearing. Bill M, the excon, got it wrong yet again.

  7. ex-con always gets it wrong! HAHAHAH

  8. Diyin God Baahózhó Nihimá Bikéyah Nízhoníye

    God Bless America!

  9. I hope she gets a chance to read them and they aren’t just ripped from her hands as soon as she’s out of the office.

  10. So, I’m confused. Has Malonis been formally relieved of the job of ad Litum?

  11. The case is dismissed and Malonis is no longer ad litem. The case is over.

  12. well I would hope that would be a relief for malonis after all the flack she has taken trying to defend and young girl from abusive parents.

  13. Now why is Teresa scared to ask for the files in person in the first place? That is too weird.

  14. anonymous,, Im not sure Teresa cared,, her case was dismissed. I think it was FLDS trying to stir up crap myself.

  15. deppitydawg we can’t paint the whole FLDS with Barbara, Merril & Willie’s brush. I like that they don’t pay good attorneys, it’s surefire entertainment.

  16. I liked the comment Malonis made in the email that Teresa should go to law school because her community could sure use some better lawyers. LOL.

  17. if teresa went to law school it sure would save the group some money. maybe when raymond goes to jail she will have a ticket to college and beyond.

  18. Malonis could use a brush up as well. She tried to charge Teresa $700 for copies of her files. She had to be reminded that Teresa owns those files and according to the rules of professional conduct if Malonis wants copies of those files she must pay for it out of her own pocket.

    BTW, Andrea Sloan had a perfect legal right to represent Teresa. Malonis and Teresa’s attorney client relationship was severed when Teresa was non suited.

  19. Alinusara, $700 dollars is a drop in the bucket for ALL the free time Malonis gave her client. Goldstein who is represented the indicted is getting at least $500 dollars an hour.

    You have got to be joking, the File was in Malonis possession, all she has to do is use her copying machine, doesn’t cost her a dime.

  20. You have got to be joking, the File was in Malonis possession, all she has to do is use her copying machine, doesn’t cost her a dime.
    ==================================================
    Which begs the question why did she try to charge $700.00 to Teresa for something Teresa already owns.

  21. Geez, I dunno Alinusara, guess I missed where she said she “tried” to charge her $700 dollars, nope don’t see that, can you point me to where it says that?
    Do you think Malonis got the evidence she had for Teresa for free? Either her or her law firm had to pay for documents. By the way, I don’t know any attorney who doesn’t charge for client files, after the attorney no longer represents the client.

  22. dd: I also must have missed the part about the copying fee, however I am sure Alinusara10 will enlighten us.

  23. On page 14/25 Malonis states: “We have estimated copy fees to be about $700 but I can double check that.”

    On page 16/25 Mindy Mandford says that the client doesn’t pay copying fees under Texas Disciplinary Rules of Professional Conduct.

    Unfortunately there is no way. at least that I know of to cut and paste items from a pdf file.

  24. Kudos to you and Blues for reporting the facts. Seems that a lot of folks like to trade in smoke and mirrors.

  25. Thanks Ron.

    If anyone is able to make copies for free, I’d sure like to talk to your copier rep. For some reason the companies I use charge a fee per page.

  26. Alinusara10 what document are you referencing? There are many posted under this thread and you are listing page numbers. I don’t know which document your page listing 14/25 refers to.

    Thanks for your clarification.

  27. Here you go Anonymous

  28. i totally agree. our copier company charges out the wazoo for the machine and then again for toner and stuff. Copying isn’t free!!!

  29. Alin, does reality ever get in your way?

  30. Sorry GrannyToad but I’m going strictly by the Texas Disciplinary Rules of Professional Conduct.

    Since Teresa case with Malonis is resolved, Teresa is the owner of the files on her case. Malonis is entitled to have copies of the files of her case but the Texas Disciplinary Rules of Professional Conduct is quite clear in stating that Malonis must pay for those copies out of her own pocket.

  31. That’s correct. Hopefully Malonis can get reimbursed by the County or State for the $700 cost of copying the file. Must be a pretty big file. A court appointed attorney ad litem should not have to take a financial loss as a result of representation. If that’s the way it works, I can’t imagine any lawyer would ever agree to court appointments. Then again, I bet it’s not often a child in a CPS case requests a copy of her complete client file. Any lawyers out there who have done this kind of work kindly weigh in

  32. I’m sure the file contains boxes and boxes of discovery, in addition to copies of all pleadings, CPS reports, CASA reports and other investigative reports. Having worked in law offices for over 9 years I know that files that size are quite expensive to duplicate.

    I think that at least in some states the courts reimburse court-appointed attorneys for costs such as copy fees, etc. I believe that the court-appointed attorney must file a request to the court outlining the expenses.

  33. The court indicated that it would pay Malonis for the cost of copying the files.

  34. Well that is good to know. That would be totally unfair if Malonis had to eat that cost herself.

  35. I was curious about that. As a taxpayer I would wonder why Malonis needs copies of Teresa’s file seeing how she no longer represents Teresa.

  36. So Alinusara10 you think all lawyers destroy all their files when they no longer represent a client?

    Ms. Malonis put a lot of time and work into this case (for free I might add) why shouldn’t she have copies?

    It is called CYA, if she doesn’t keep copies I would consider her a FOOL. If she doesn’t keep copies, Merril or Willie can say she “did this” or she “did that” while representing Teresa and Ms. Malonis would have no PROOF of their LIES.

  37. My lawyer kept copies of my son’s file when he sued for custody of his little boy. He gave us the orignials, but he still has copies because my son’s x wife still causes problems. But he won custody of his son.

    Ms Malonis was working pro bono alinsura, so I hope she gets reinbursed for the copies she makes. After all, evidently she still has some contact with Teresa, and ya never know,, Teresa could contact her again at some time, to repesent her.

  38. So Alinusara10 you think all lawyers destroy all their files when they no longer represent a client?
    ====================================================
    I never said anything about destroying files. All she needs to do is obey the courts and give the files to Teresa per the Texas Disciplinary Rules of Professional Conduct.

    She is probably wise to keep copies of the files due to possibly upcoming litigation once Teresa turns 18. As a taxpayer though I would wonder why if Teresa happens to sue her for legal malpractice why does the money for her defense have to come out of my pocket.

  39. The docs in the first thumbnail point to where Mindy calls Malonis on her requirement for a release of liability.

    Mindy was PWNED by Malonis, where Malonis pointed out that ONLY if she wanted the entire file with Malonis retaining no copies.

    She DIDNT require that if Thresa wanted just a copy. But the FumbleLDS cant decide what to do, and as we saw, they lost in court.

    Any further action with Theresa is going to put the FLDS in the spotlight, as having put the opposed party (Annette Jeffs) Attorney in line to represent Theresa to Natalie.

    Natalie points (in perfect subtlety) out that downstream, Theresa’s legal representation is not only suspect but really, she is in the hands of wolves.

    Pretty much like all the young women in the cult. Good thing Texas is putting the ringleaders in prison. The remainder FLDS doods ought to pay attention or else pay up!

  40. She is probably wise to keep copies of the files due to possibly upcoming litigation once Teresa turns 18.”

    As a taxpayer though I would wonder why if Teresa happens to sue her for legal malpractice why does the money for her defense have to come out of my pocket.

    Alinusara10 said this on June 6, 2009 at 3:54 PM

    ================

    OH MY FLIPPIN WORD – there we go again with suit conspiracies!

    Say, lets rewind a bit, I seem to remember for the PAST YEAR the FLDS were gonna sue TEXAS!???

    LMAO They are in so much hot water if they try to crawl out they will be burned by the fire.

    What they need to do is repent, plead guilty and take their medicine. The world sees the bull crap they are doing. They are just fooling themselves with fairytale wishes.

  41. Say, lets rewind a bit, I seem to remember for the PAST YEAR the FLDS were gonna sue TEXAS!???
    ===========================================================
    Sure the statute of limitations is 2 years so most of the claims will start coming out in about a little over a year.
    ===========================================================
    LMAO They are in so much hot water if they try to crawl out they will be burned by the fire.

    What they need to do is repent, plead guilty and take their medicine.
    ============================================================
    I’m unaware of any of the children committing any crimes.

  42. Alinusara, Im sure your aware, or should be that if Flds sue, then they have to produce everything about themselves, including how many people they are married to, income, birth certificates, marriage certificates, death certificates, everything about them.
    I just don’t think Flds are willing to disclose all that information, Do you?

  43. I was curious about that. As a taxpayer I would wonder why Malonis needs copies of Teresa’s file seeing how she no longer represents Teresa.
    Alinusara10 said this on June 6, 2009 at 3:18 PM

    ———-

    Because that’s what lawyers do — they keep copies of client files after representation. You know why? Because sometimes clients sue lawyers or file complaints against them with the State Bar, and the only way a lawyer can protect themselves is with the file. Every lawyer keeps copies of their former client’s files … most clients do not request a copy of their file unless they’re changing lawyers. It would be really unwise for a lawyer NOT to keep copies of client files.

  44. Soooo Allinutso – – ya really think the FLDS are going to bring suit against the State of Texas?

    So that more of them can be arrested on other outstanding crimes they have not yet been arrested for?

    Bigamy?

    Harboring?

    RICO?

    MANN?

    Money laundering?

    On and on?

    LMAO THAT will be the day!

  45. Allinusara

    Did you realize that Warrens next trial after AZ is his “Federal Fugitive Flight” trial?

    Who ya think might get drug into THAT mess?

    Hmmm John Wayman, New Era mfg, the guy who gave Warren a brand new Caddy (only to have that sucker inpounded upon arrest oops) and then the other slew of people who harbored Warren?

    You on that list? Time to cross your fingers and pray, and look at RE in Costa Rica.

  46. A RED caddy at that Stamp!!! uh oh!

  47. If Malonis was told that her copying costs were coming from the court rather than the client, that’s hardly much of a slap-down.

    I hope my attorneys have copies of my records. I have always assumed that archiving them was included in their fees. My personal experience with lawyers is limited to contracts, so I’ve never had to pay for depositions, expert witnesses or anything exotic like bribing foreign dignitaries. But I have definitely paid for filing fees, photocopying, and delivery services.

  48. DD

    I think the evil red color on that Caddy caused bad JuJu for Warren and look where it got him. A Cell the size of a restroom in a little authentic Mexican Restaurant smells like it too.

    BAD Caddilac BAD!!

  49. And that Red Escalade was traced directly back to Wayman and New Era Manufactoring. With warren federal trial coming up next guess if I were a part of New Era I might be getting a little worried about what all evidence was found inside that Caddy and what affect it has on New Era. Any lawyers out there know if the Fed’s can confiscate a company if it is used in the commission of a federal crime?

  50. Sadie, I’m not a lawyer but that has never stopped me from venturing an opinion before.

    The Feds need to establish a pattern (“racketeering”). But I think that only requires two such crimes within a ten year period.

    A business can be subject to forfeiture even if the crimes it committed were only a small part of its overall business. Or it can be subject to forfeiture if it was acquired or maintained through such crimes.

    Do any of these ring a bell: gambling, prostitution, drug offenses, obscenity, theft, fraud, extortion, counterfeiting, bribery, obstruction of justice, cigarette boot-legging, labor law violations, murder, kidnapping, arson, robbery, bribery, extortion?

  51. Speaking of New Era and John Wayman …I’m pretty sure he loaned YFZ Land LLC 900,000, secured by a mortgage and deed of trust — signed by Merril, as managing member of the LLC, and naming Amy Hennington (Merri’s lawyer) as the trustee. As if Watman would ever execute judgment and foreclose if the LLC defaults on the note. Matter of fact I doubt money changed hands. This was either security for Hennington’s fees or an attempt to create a superior lien on the property in an effort to thwart other legitimate creditors.

    Also interesting is that the note was executed only a week or two prior to the supposed transfer of the very same property into the HOOT trust.

    What’s really going on here?

    The Deed of Trust would be recorded in the Schleicher County land records. I would be eternally grateful if someone from that area would obtain a copy and send it to me. I could probably figure out how to reimburse the person for the cost by paypal.

  52. That all does sound interesting, doesn’t it, shifting the pea under the walnut shells.

  53. Did Wayman actually have that note recorded – at the county courthouse? Signed? OHHHH boy!

    Hmmmm John Wayman giving Warren a leg up again – a few months before the Federal Fugitive Flight trial –

    Brave, Very Very Brave…

    Or stupid!

  54. Deed of Trust. When did YFZ LLC ever pay off any mortgage already? What sleight of hand did we miss here?

  55. i will check with schliecher county, but i doubt any deed of trust is filed down there. i can call tomorrow and talk to the county clerk. so this dot and mortgage secures the YFZ land?

  56. Yes, secures the land. It is filed — I have the first page of the deed of trust with the file stamp. I’d like to have the entire document.

  57. what date is on the deed of trust and what’s an email i can contact you? i can go this morning.

  58. ok i called and they’ve got the dot filed on 4/21 and then other papers filed 4/23, 5/7 and 5/18.

  59. i’ve got the dot and its interesting that merril’s signature was notarized in Washington Co Utah in November 2008. then there are 2 warranty deeds from merril to james jerry jessop as trustee of texan heritage signed on december 31, 2008 conveying the yfz. also a bill of sale from merril to james jerry dated may 1, 2009 and finally a final release of recorded constitutional lien from wasteline engineering affecting the yfz.

  60. release of lien, waste lien ? hmmm

  61. Anon … would you please send the Deed of Trust to fldstexas@aol.com

    I have the Warranty Deeds but I would love to see the Deed of Trust. Thank you so much for getting those. I will post them when I receive them.

  62. yes, i’ll get it scanned this afternoon.

  63. Alinusara, Im sure your aware, or should be that if Flds sue, then they have to produce everything about themselves, including how many people they are married to, income, birth certificates, marriage certificates, certificates, everything about them.
    I just don’t think Flds are willing to disclose all that information, Do you?
    ==========================================================
    The investigation already disclosed every single personal detail to every member of that ranch; including personal diaries, photo albums, pictures hanging on the wall, computers both personal and for their school, even detail such as DNA of the tiniest tot.
    Nothing new to disclose so I don’t see why disclosure would cause them further embarassment.

  64. anon, well let’s see, Texas AG hasn’t released all the evidence yet. Especially about businesses, IRS, fraudulent businesses. and if FLDS sue, all their financial business with be spilled. And since we as yet don’t know what their computers contained, Im sure they don’t want to fight the FEDS.

  65. IF there isn’t anything Anonymous, why are they fighting in COURT to suppress the evidence?

  66. anon, well let’s see, Texas AG hasn’t released all the evidence yet. Especially about businesses, IRS, fraudulent businesses. and if FLDS sue, all their financial business with be spilled. And since we as yet don’t know what their computers contained, Im sure they don’t want to fight the FEDS.
    ======================================================
    The FEDS already got that information through their own search warrant. I’m not sure what it contains but so far no indictments have occurred through the federal investigation. Perhaps because nothing is there or perhaps because the federal government is waiting to see how the suppression hearings turn out. Both guesses are pure speculation.
    =================================================
    IF there isn’t anything Anonymous, why are they fighting in COURT to suppress the evidence?
    =======================================================
    Because judging from indictments there seems to be evidence of child ual abuse. We already know that so I see nothing new.

  67. Federal Grand Jury isn’t finished Alinusara

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