Passing The Buck
Since we can’t find a judge in Waller County to do their job, we’ve going to court to break open the secrets in our investigation of NewQuest Properties and the divorce of one of the founders. We’re tired of judges Passing The Buck.
“There’s a few oddities in this case,” Attorney Nick Kacal said.
“Why can’t the public see what’s going on?” Wayne Dolcefino asked Judge Kern.
A rare chance to hear from Robert Kern — one of the oldest judges in the entire state of Texas.
At 82, state law mandates he’s retired, but he’s still called in on occasion to dispense justice, like here in Waller County.
And we’ve been asking why.
“After being in court watching him, I have growing concerns about this guy’s competency,” Dolcefino said.
“You’d figure after being a lawyer nearly sixty years, Judge Kern would know that keeping secrets from taxpayers might get him a visit from yours truly,” Dolcefino told the camera.
“You think you’re fair?” Dolcefino asked Judge Kern.
It’s time to let the sunshine in.
After being stonewalled for weeks, we’ve now gone to the courthouse for the public’s right to know.
“Do you have the stick mic ready?” Reporter Andrea Palacio said.
We’re at the Waller County Courthouse, and you quickly get the feeling they don’t really want us here.
“Wait a minute, we can’t shoot through the window here?” Palacio said.
“The deputy came out and said someone’s going to jail — and I told her it was a public space,” Dolcefino said.
The threatened arrest never happened, but that window is now blacked out.
So, the next time we came to Waller County, we shot a few seconds of video of Judge Kern before court even began.
He’s clearly not pleased.
Read his lips: No cameras.
“But the lawsuit we have filed in Waller County is not just about taking pictures of a cranky judge. It’s much bigger than that. It’s a fight for the public’s right to know what happens in a courtroom that should be open,” Dolcefino told the camera.
Read the petition:
‘Dolcefino Media’s investigation raises serious public concerns about judicial integrity, political influence, and forum shopping.’
We had started an investigation into NewQuest Properties, the largest commercial developer in Waller County.
Look at the video of this planned $400 million retail center in Katy, and that’s just one of their deals.
NewQuest has grown into a multi-billion-dollar company with strong political influence. Lots of campaign cash flows from one of the company’s co-founders.
They were blocking more than just a window in Waller County.
They are trying to hide even the existence of a court case involving NewQuest and one of its co-founders, Jay Sears, a lawsuit involving up to 36 lawyers. Thirty-six!
A lawsuit that could cost the company big bucks.
“These fights are pretty hard, aren’t they?” Dolcefino asked.
“They’re hard. They’re emotionally exhausting and they are very expensive,” Debra McLeod responded.
That was Debra McLeod when we showed up at her front door.
She was married to Jay Sears for nearly 43 years, then he filed for divorce in Waller County.
NewQuest is joining the fight.
“What’s it like fighting against NewQuest?” Dolcefino asked.
“Well, I can’t talk about the case because it’s sealed,” McLeod replied.
But we quickly discovered what may be the most expensive divorce case in Texas is being improperly kept a secret — a total secret from the public.
Look at the Waller County District Clerk website, the divorce case doesn’t even show up there, it doesn’t exist.
And that cannot stand.
‘This unprecedented level of secrecy impairs the press’s ability to monitor the integrity of the judiciary, undermines public confidence, and violates the First Amendment.’
Our lawsuit comes a day after Waller County simply ignored a demand we sent to unseal certain court records — including rulings and transcripts of court hearings.
In May, Dolcefino Media had filed a motion to formally intervene in the divorce case — to open up the testimony about the company and the judge’s rulings.
The District Clerk improperly tried to block our right to continue filing motions.
“I’ve never had an error message through the e-file system saying that a filing was no longer available, and I’ve never had a District Clerk, or a County Clerk tell me that I was unable to file into a case before,” Attorney Kacal said.
Then this shocker.
After not allowing our lawyer to first approach the bench, Judge Kern ruled he did not have jurisdiction to unseal the court records.
But it was his case.
“Yet he claims he can’t unseal the records, even though he’s the judge in the case. Excuse the crap out of me, but I don’t understand what the hell that means,” Dolcefino said.
Days later, Judge Kern called for another hearing in Hempstead, after Sears’ lawyer tried to make sure we never got our hands on the courthouse records.
It cost me thousands of dollars to have my lawyers show up.
Maybe Judge Kern just forgot — he is 82 — and we’ve watched as he fails to remember key decisions he made.
“It’s just crazier and crazier. I don’t think he remembers what he’s ordered. I don’t know what’s going on,” Debra said.
So, we went to the original judge in the case for help, the one person elected to that County Court at Law, Carol Chaney.
If Kern wouldn’t rule, we asked her to let the sunshine in.
The response:
‘Judge Chaney is recused from this case and therefore cannot take any further action.’
So we went to the administrative judge, Robert Trapp, who makes appointments of visiting judges.
He punted back to Judge Kern.
They simply don’t want you to see how this case has been handled.
“Why would Waller County want an elderly, visiting judge to handle the lawsuit involving one of the county’s biggest benefactors?” Dolcefino told the camera.
We’ve been eyewitnesses to his erratic rulings.
“I have no record of any attorney writing or calling me saying that they are concerned about him,” Trapp said.
It’s not just the judge’s obvious memory issues; Kern has now been accused of bias by multiple women.
“Belittling, condescending. The way he talked to my ex-husband was completely different,” said victim Kelsey Hagendorf.
“And you think it was because you’re a woman?” Dolcefino asked.
“I really do,” Hagendorf replied.
“All together, he’s too old to be there, making decisions for something like this,” said victim Sonia Castillo.
“He actually looked like he was falling asleep a couple of time,” Hagendorf said.
“Do you think Judge Kern has been fair? There are allegations he is biased against women,” Dolcefino said.
“I don’t think I should comment,” McLeod said.
“Women have complained that you’re not fair. Do you think that’s the case here?” Dolcefino asked Judge Kern.
When we started investigating this secret divorce case, we learned Judge Kern had denied Debra McLeod the right to a jury trial for two years. He’s finally allowing her to have one in July.
But McLeod’s lawyers claim NewQuest is being allowed to hide some of its assets.
McLeod lives in Harris County, so does Jay Sears, yet he claims he moved to Waller County just long enough to file for divorce there, where the company has so much stroke.
Wonder why…
Ten days after Sears announced he wanted to leave his wife, the NewQuest co-founder Steve Alvis filed for divorce too.
Guess who got that case?
Judge Kern.
But it also doesn’t even exist on the county’s website.
Our lawsuit says, quote, ‘The appearance of impropriety in this case is astounding and cannot be tolerated in a society built upon the premise of truth and fairness.’
Even the administrative judge who appointed Kern has refused to intervene.
“Everybody’s entitled to their opinion on that, and I appreciate yours. But I’m not going to replace him right now. No, sir,” Trapp said.
“We’ve all heard the expression ‘passing the buck,’ so well, let’s call this nonsense ‘passing the gavel.’ It’s an abdication of justice. Waller County courts can’t be a giant black hole,” Dolcefino told the camera.
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