Texas Governor Gregg Abbott
Texas Commission on Judicial Conduct
Texas Bar
Over the past 10 years, Dallas Probate Judge Margaret Jones Johnson and Dallas Attorney James Fisher have continued on an extraordinary Journey that has exposed the Fraud and incompetence of the Dallas Fifth Court of Appeals and the Texas Supreme Court.
This organization is formally asking that each of your Organizations join us in honoring Dallas Probate Judge Margaret Jones Johnson and Dallas Attorney James Fisher for their long term and continual effort that has exposed the Fraud and complete incompetence by the Dallas Fifth Court of Appeals and the Texas Supreme Court.
1] Robert Kam, a 60 year old long term resident of Old East Dallas, while dying of Pancreatic Cancer, created and fully funded an Irrevocable Trust in Feb 2011. All beneficiaries were made aware of the trust at this time.
Page 1
2] David Pyke, the attorney of Robert's girlfriend at this time, amended this irrevocable. fully funded. active Trust to increase the benefits for his client and added her children as beneficiaries. This was done in March 17, 2011. without notifying any other heirs. Robert passed while being loaded into a car for dialysis 11 days later.
3] Carol Kam, Robert's sister and an heir for a fixed amount of $10,000 in the original irrevocable, fully funded, active Trust was informed of the Pyke Amendments at the time of the funeral in early April. After an investigation, she confirmed that Pyke's work was improper and notified all parties of her investigation and opinion.
4] Even though Carol was an undisputed heir in the original irrevocable fully funded active Trust and an amendment in the secretly developed Pyke amendments for a fixed amount, Pyke instructed the Trustee to not pay Carol because of her exposure of Pyke's improper conduct.
5] In July 2011, Carol joined her Nephew in a lawsuit to void the improperly produced Pyke amendents to the original, fully funded, active, irrevocable Robert Kam Trust. The Nephew's benefits were significantly reduced in the Pyke Amendments and not what his father had told him was the benefit of his estate. Carol joined the suit to get paid her undisputed benefit which was identical in the original, fully funded, active, irrevocable Robert Kam Trust, and an Amendment to the Trust created by Pyke.
6] On July 15, 2013 a pretrial meeting was held in Dallas Probate Judge Michael Miller's office to discuss trial procedures. Upon conclusion of the meeting, Carol's attorney left. Approximately 1 hour later James Fisher
Page 2
informed Carol's Attorney that Michal Miller bowed out of the Case and that Associate Judge John Peyton would hear the case. The Court never contacted Carol's attorney on this change.
7] The trial started on July 22, 2013 and concluded three days later with Associate Judge John Peyton overseeing the hearing. Associate Judge John Peyton ruled that Robert's Nephew and Carol Kam claim was frivolous and that they were removed from the estate and each charged with $226,000 Trust Attorney Fees.
8] To make this ruling, Associate Judge Peyton had to ignore the facts of the case, statutory law regarding irevocable trusts, the Medical Records and the M.D. Anderson Pancreatic Oncolgist who confirmed Robert lost Capacity prior to March 17, 2011. Peyton ignored the fact that all parties, on all sides, confirmed that Carol Kam was a Valid, undisputed heir for $10,000 and she had not been paid a penny even though Robert had passed over two years earlier. The Amendment, which Pyke had to create to reinstate Carol Kam as an heir was actually done on March 22, 2011 as Robert Kam failed to recognize the Carol Kam was missing in the March 17, 2011 documents.
9] Robert Kam Failure to recognize that Carol was omitted in the March 17, 2011 documents confirms that he did not have capacity at that time to create a Trust, as he did not recognize his heirs. It is not a surprise that Robert Kam did not have capacity becasuses as of early March 2011, he had endured Stage IV Pancreatic cancer for over 9 months, was damaged from the chemotherapy administered from July 2010 to October 2010, lost total Kidney Function in December 2010 and required dialysis every three days,
Page 3
lost most liver function, required 24 hour care, wore diapers, was unable to walk without assistance, was totally blind in one eye and had limited vision with a coke bottle thick lens in the remaining eye due to glaucoma, had a valve inserted in his stomach to periodically drain the constant build up of fluid and was on an unlimited amount of narcotics to control the pain, While at Baylor Hospital on March 18, 2011 Robert passed out in his wheelcahir with a blood pressure reading of 65/45.
10] Pyke admitted that Robert Kam was too ill to work with the first time the girlfriend wheeled Robert into Pyke's office on March 11, 2011.
11] By early March 2011 Robert Kam had no idea what planet he was on. Any claim that Robert Kam had capacity on March 17, 2011 is pure Fantasy
12] A rehearing was scheduled for October 15, 2013 with Miller shown on the Court files as the Judge. Miller was a no show and Peyton showed up with no Order of Referral and no prior notice. Peyton denied the rehearing. Peyton also denied the deposition of the Pediatrician who allegedly signed a DNR [Do Not Resuscitate Form] for Robert Kam in Pyke's office on March 17, 2011. Both of Pyke's parallegals , who signed the DNR, as Pyke requested, confirmed that the Pediatrican had never been to Pyke's office. Only the attending physican can sign a DNR and the Pediatrican is not on any of Robert's Medical Records.
13] No Order of Referral for Peyton was presented to any party prior to trial. The Court was “pranked” and a technically flawed, post dated order of Referral was filed in the court records 5 weeks after the trial. No Order of referral was created for the October 15, 2011 rehearing.
Page 4
14] The order for the July hearing was created by Fisher and signed only by Peyton. Peyton created the October Order and it only contained his signature. By multiple State Laws, Miller was to signoff on each order within 30 days. The omission of Miller's signatureu on each order was intentional by Fisher and Peyton, Miller was running for re election the following year and if the fraud in this case became apparent, prior to the election, he wanted plausible deniability. Miller did not sign off on either order as he knew they were a fraud.
15] Shortly after the trial, Fisher improperly filed an Abstract on Carol Kam based on the incomplete unsigned order.
16] Carol's Attoreny submitted a Bill of Review on this Case in 2015 with the new Judge for Dallas Probate Court #3, Margaret Jones Johnson [Miller was defeated in his re election effort in 2014 and died in a mysterious “scooter” accident on Abrams Road in 2017].
17] Jones Johnson held a hearing and asked Carol's attorney to give her his file. She concluded the hearing and claimed she would set up another hearing after reviewing the File. Instead she consulted with Peyton who was still at the Court and ruled against Carol with no notification to Carol's Attorney.
18] Carol's Attorney filed an Appeal and the Appeal Court with “Fruit of the Loom Robert Fillmore” as head of the panel, ruled against Carol claiming that:
A] Peyton did not need a valid Order of Referral
Page 5
B] The Peyton Orders did not need a Court sign off
C] Robert Kam had Capacity on March 17, 2011.
D] Pyke could amend an active full funded active irrevocable Trust to the benefit of a single heir without Court approval or notifying the other heirs.
All of this is pure Fantasy by the the Fairies at the Fifth Court of Appeals.
Robert Fillmore also headed the Panel on the Thomas Case out of the Dallas Probate Court where Associate Judge John Peyton maintained an “affair” with a Probate Attorney during the trial on the Thomas Case in his Court. “Fruit of the Loom Fillmore” sat on this case for 95 weeks before Thomas Kam, Carol's brother, notified the State Legislature of the cover provided to Peyton by “Fruit of the Loom Fillmore”. Fillmore received his title of “Fruit of the Loom” for his traditional cover of the Asses in the Dallas Probate Court system. One week after Tom Kam submitted the report to the Legislature, “Fruit of the Loom Fillmore” responded with a 2 page brief that Peyton's Conduct was inappropriate. A decision any Texas family could have resolved in 2 minutes, not 2 years.
19] Associate Judge John Peyton was removed as a Judge by the State Commission on Judicial conduct in 2018 as they deemed him to be incompetent to be a Judge.
20] In the fall of 2019 Carol Kam again requested that Margaret Jones Johnson acknowledge that the Peyton Orders were unsigned and not valid. Jones Johnson refused to hear the case and Carol Kam submitted an Appeal
Page 6
to the Fifth Court of Appeals on the original Case. The Court asked for the basis of the Appael and Carol responded that, by law, the orders remained unsigned and were actually unappealable. In April 2020 the Fifth Court of Appeals agreed with Carol that the Orders were unsigned and were unappealable. Once Jones Johnson got word of this ruling, she then created an Order in May 2020 approving the Peyton Orders from 2013. Carol immediately submitted this to the Dallas Appeal Court and they promptly responded in June 2020 that Jones Johnson effort was not valid and the Peyton Orders remained unsigned, unappeable, and not valid. The Texas Supreme Court denied Fisher's Petition on this ruling.
21] Even though the Appeal Court had ruled the Orders were unappealable and Jones Johnson effort was unacceptable, Fisher and Jones Johnson teamed up again in September 2022 and Jones Johnson created a second Order approving the Unsigned Peyton Orders in 2013. Any legal basis for this effort is unknown and represents pure Fraud by the Dallas Probate Court.
22] Carol immediately appealed this second effort by Fisher and Johnson to the Dallas Appeal Court and they made the following Rulings;
A] Peyton did not need Court Approval per State Law to conduct the Hearings.
B] The Law requiring the Order to be signed within 30 days does not have to be followed by a Judge. Signing the orders over 7 years after the due date is improper, however one can sign over 9 years after the statutory due date to make it valid.
C] The State Law requiring Robert Kam to recoginze his heirs at the signing of a Trust can be discarded.
Page 7
D] The professional opinion of a Pancreatic Oncologist from M.D Anderson in a courtroom and the Baylor Medical Records can be discarded in order to cover for the misconduct of a Dallas Probate Attorney.
E] Pyke could amend an active full funded active irrevocable Trust to the benefit of a single heir without Court approval or notifying the other heirs.
Not a single opinion in the Brief by the Dallas Appeal Court was based on Court trial testimony, Court documents, the facts, applicable Case Law or Statutory Law.
The Brief is based solely on “Fantasy Law” which can only be authored created by true Fairies. This is why the Dallas Fifth Court of Appeals is now known as the “Fairies at the Fifth”.
23] Carol submitted a petition on this Ruling to the Supreme Court and they denied the Petition. In summary:
Orders by an Associate Judge in a Dallas Probate Court who failed ot have permission to hold any hearing and whom the State as deemed to be incompetent, which orders the Judge of Record refused to sign within the 30 day stautory limit as he knew they were a fraud, can not be validated 7 years later by a subsequent judge who has no understanding of the case but can be validated over 9 years after the order were created by a judge with no understanding of the case. This is beyond blatant Fraud and represents pure Fantasy by a completely corrupt Texas Court sytem.
What we have witnessed, in summary, is extremely stupid behavior by Dallas Probate Judges Michael Miller, John Peyton and Margaret Jones Johnson and the subsequent “Beyond Stupid” behavior by the entire Texas
Page 8
Court system to cover for this misconduct by “clowns” in the Dallas Probate Court. The Texas Court system, as currently constructed and managed, is not self correcting, is not trustworthy, and does not have adult supervision.
Fisher and Jones Johnson could have accepted the Dallas Appeal Court Ruling and the Texas Supreme Court denial in 2020 yet they persisted in their effort that has now exposed the true incompetence and stupidity of A Texas Appeal Court and the Texas Supreme court to all Texas Citizens.
Had Fisher and Jones Johnson not teamed up to cut a internal deal to revalidate the 9 year old unsigned Peyton Orders, that were rejected by Miller, the Citizens in this great State of Texas would not be aware of the true incompetence and Fraud exposed by the Fairies at the Fifth Court of Appeals and the consumate cover for Texas court misconduct known as the the collection of “Wet Blankets” at the Texas Supreme Court.
The Texas Citizen Probate Commission honors the completely corrupt and inept Dallas Probate Judge Margaret Jones Johnson and James Fisher for their superhuman effort to abuse and defraud the Texas legal system that has clearly exposed the perversion of Justice, the complete disregard for Law, the gross abuse of power, the culture of cover within the legal system, the non concern for fairness, and the complete unencumbrance of the thought procees and logic by the Fairies at the Fifth Court of Appeals and the collection “Wet Blankets” at the Texas Supreme Court.
The Texas Citizen Probate Commission will recognize the effort by Margaret Jones Johnson and Attorney James Fisher
Page 9
for their conduct which has exposed the Fairies at the Fifth Court of Appeals and the Collection of Wet Blankets at the Texas Supreme Court. We trust that your organization will do the same so that all Texans are aware of the Fraud, incompetence, the Culture of Cover, absence of professional conduct, and cronyism in the Texas Court system.
To state that the Dallas Probate Courts, the Dallas Appeal Court, and the Texas Supreme Court have disgraced the Texas Legal system, failed their profession, and failed the citizens of Texas is a gross understatement.
This Kam Case, with the support of David Pyke, James Fisher and all the clowns in the Dallas Probate Court, has shown that the actual percentage of accuracy in the Dallas Probate Court is Zero and the Percentage of accuracy for the Flip Floppers at Dallas Appeal Court and the Texas Supreme Court is 33% [Correct in 2020 and wrong in 2016 and 2023]. This state closes down schools with a rating of 60%. Why these failed institutions remain in operation is illogical. I trust that the persistent work of Fisher and Jones Johnson does not go to waste and their exposure of the Fraud, Abuse and incompetence in the Texas legal system triggers a complete independent Audit of the Texas Legal system. An ongoing program of an A.I. or a citizen panel review of each contested judicial ruling maybe
Page 10
required to bring logic, sanity and efficiency to the Texas Legal system. Just knowing that an independent citizen or A.I. Review of a ruling will cause a judge to rule in accordance with the actual facts, law and “logic”.
Note that this will be posted in the TEXASPROBATECOMMISSION.COM for the benefit of all citizens.
Cc: Texas Supreme Court
Fifth Court of Appeals
Dallas Probate Courts
Dallas County Commissioners Court
Many others
Page 11