RICO Suit Against Bar Results In Disbarment Proceedings
- JAIL News JournalLos Angeles - August 19, 2000
Listen to HotSeat4Judges daily on Internet Radio M - F, 6-7 pm P.T.
(On or about 6/30/00 a Mr. Ed Truncellito called JAIL and talked with Mr. Branson. Branson noted him to be a very positive upbeat person that sounded like a radio announcer. However, Ed unhesitantly responded that he had absolutely no radio experience. Mr. Branson responded with the words, "All you need is a microphone, that's all." Well, there was one little factor that Ed omitted from his conversation with Mr. Branson, and that was that he was an attorney, a fact of which he just found out through an email sent to JAIL. He is now in the media lime-light as a whistle-blower of the Texas State Bar. The TSB is now attempting to disbar Ed from the practice of law because he had the gall to expose TSB fraud involvement. Does anyone smell a conflict of interest somewhere in this? Maybe Mr. Ed would like a little radio time on HotSeat4Judges to talk about this.)For Immediate Release: Contact: Ed Truncellito, Atty.
no_one_is_married@...August 17, 2000. (281) 354-5869
TEXAS STATE BAR ATTEMPTS TO SILENCE WHISTLEBLOWER TO COVER UP NO-FAULT
Houston attorney, Ed Truncellito, was called before the Disciplinary Committee of the State Bar of Texas today, in order to undergo examination about his competency to practice law.
Yesterday, Truncellito filed a $7.5 billion lawsuit against the State Bar of Texas on behalf of families harmed by Texas' no-fault divorce law fraud. One of the claims in the lawsuit, entitled Casualties of No- Fault Divorce Fraud vs. State Bar of Texas, is that the wording of the 1969 law caused it to be implemented contrary to legislative intent. It also claims that the State Bar was well-aware of the problem but covered up, just like Big Tobacco covered up awareness of the harmfulness of its product.
When a Texas' spouse hires an attorney, a divorce has been
all-but-assured for the past 30 years. Such 'unilateral divorce' or 'divorce-on-demand' is not what the Texas legislature had in mind when the original no-fault law was enacted. In Texas, the law was meant for 'uncontested-only' cases - those divorces where both spouses agreed to the divorce. Enactment of the no-fault law was
meant to eliminate the false charges and angry allegations that too-often erupted in courtroom proceedings.
When both spouses agreed to the divorce, there was no reason to make allegations. But in cases where only one of the spouses wished to divorce, and the other spouse did not, Texas law still allowed the
partner dissenting the divorce to request reasons or 'grounds' for the divorce, along with 'clear and convincing evidence.'
Truncellito maintains that, by reducing acrimony, Texas no-fault was enacted to also allow greater likelihood of reconciliation. But common attorney-practice includes the destruction of any remaining vestiges of marital good-will through hostile language in the legal paperwork and in the courtroom, eliminating any resistance from the objecting spouse. Turning divorce attorneys into 'marriage terminators' is not what Texas legislators had in mind when the original no-fault law was implemented, 30 years ago. But then again,
attorneys are paid for divorce work, not peacemaking or reconciliation. And the result of greater hostilities results not only in attorney-assurance of a divorce but also further lucrative litigation after the divorce, in ongoing child custody battles and other fights.
Truncellito's RICO (Racketeer Influenced and Corrupt Organizations) lawsuit makes claims of systematic influencing and outright corruption in the State Bar, resulting in undue harm to families in court proceedings.
Today, the State Bar examined Truncellito in closed session, in what is known as a 'disability hearing.' These confidential examinations are the way the State Bar deals with sticky problems, like alcohol or drug abuse. But because the sessions are not open to outside scrutiny, they can also be used to deal with other thorny issues, like criticism of State Bar practices. Truncellito will be called back in 90 days to hear the committee's ruling on whether he is fit to practice law, after he has been examined by an appointed psychiatrist. The RICO lawsuit can be viewed on his web site -
www.no-one-is-married.com - which also includes a copy of his Texas Supreme Court 'Petition for Review' of the no-fault divorce law, filed August 7th.
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