: Trials of Phyllis Frye :
Below is a narrative written by Houston TG attorney Phyllis Frye for her law firm's newsletter about the difficulties that transgendered people face in the so-called "justice" system. As some of you may know, I had an initial consultation with Ms. Frye in 2005 when I was preparing to file for divorce. I wound up choosing a different attorney, and my attorney was able to get my legal name change inserted into the divorce court order, but not the gender change. I got the gender change done in my own way when I moved to New Jersey.
It burns me up to hear stories (including my own) how the rights of TG folks are blatantly disregarded by our public officials who are sworn to mete out justice fairly and without prejudice. I know it's naive to expect people in power to be fair and unbiased when it comes to transgender issues, but not expecting it doesn't make it any less right. Ms. Frye's account is, of course, a bit self-serving, but still a sobering look at the legal hurdles many TG people face.
NEVER GIVING UP FOR MY CLIENTS
by Phyllis Randolph Frye
Recently, I had two incidents of extreme difficulty with two judges who were not at all helpful to my transgender clients. These incidents, not related to each other in any other than having me as the same attorney and both Petitioners were transgendered, began within weeks of each other and ending on consecutive days in January 2007.
Client One's Petition was filed at a Texas courthouse and randomly assigned to Court One with Judge One in that particular county in October 2006. Judge One required a background fingerprint check through the Texas DPS and the FBI. Lots of judges so require, no problem here, while some judges do not so require. I obtained the fingerprint cards from the court clerk (not knowing that they were marked as being from a different court), had my client fingerprinted and mailed them with the required fee. In November, I called Texas DPS to inquire as to the delay and was told that the cards had been processed and mailed to the court the previous week. DPS said they were mailed, but we could not find them at the courthouse. After several calls in December, I discovered the mix up and inquired at the different court. That clerk was very nice, said that he assumed that someone would call about them eventually and promptly sent them to the correct court. With the holidays, I was able to get a court date for a Thursday in January.
Client Two's Petition was similarly filed at a Texas courthouse and randomly assigned to Court Two with Judge Two in that particular county in November 2006. Judge Two also required a background fingerprint check through the Texas DPS and the FBI. This went smoothly, but as I tried to set a court date, I ran into a snag. While talking to the coordinator for the court, I met Judge Two and because there was no opposing side, I asked the Judge if the Judge had a problem with doing a name change and gender identification change for transgenders. Judge Two said no problem if the transgenders were completely finished with all of the surgical processes. I told the Judge that the common medical practice was to do the legal document work at the very beginning of the transition. After that meeting, I could not get a hearing date. After two weeks of calls to the coordinator to be told that the Judge would not set a full hearing date, I set it for a Friday morning docket call in January to force Judge Two to talk to me and to set a date.
Client Two and I arrived for the 10:00 printed docket call on a Friday in Court Two. Many cases went before Judge Two. We then sat through the 11:00 printed docket call as well. At 12:20, Judge Two called us up to the bench. I had asked for a court reporter. Judge Two said that he was not disposed to granting my client's request. Judge Two called my male to female client, "him" which I promptly corrected. After several minutes, I requested a full hearing which would either educate Judge Two and answer Judge Two's concerns or create sufficient record for an appeal. Judge Two agreed to give me a one hour hearing. I informed Judge Two that my client and I had rehearsed this and that in previous presentations to other judges (all of which had signed after the 2-1/2 hour hearing), the hearings took 2-1/2 hours. After several more minutes of discussion, Judge Two relented and set a full hearing for 9:30 on a Tuesday morning two weeks later.
During the next week, Client One and I went to the Thursday hearing in Judge One's court. Ten minutes before the hearing began, my office called me to say that the court reporter for Court One had called my office to tell me that she was told by Judge One that she would not be needed and to go home. (I had a motion requiring a court reporter on page one of my Petition.) I asked the court bailiff to find me a court reporter who was not busy from another court which the bailiff did. Moments before Judge One came out, a court reporter from another court arrived and began to set up. When Judge One came out and saw that a court reporter was there, Judge One turned red. We began much the same way as with Judge Two during the previous week with the exception that Judge One did offer the name change but not the gender change from M to F on the drivers license and Judge One did not call my client by the wrong pronouns. After several minutes Judge One told me that I would get a call from the clerk setting a full hearing during the following week. The next day, the clerk called saying that Judge One was busy but that our hearing was set to be heard in Court Three by Visiting Judge Four because Judge Three was out of town. It was set for Wednesday at 9:00.
During the weekend, I checked and rechecked. I had gone toe to toe with two judges who had used various techniques to flush my client and make everything go away. Judges go to judge school to learn such techniques -- offering a short hearing when a long one is needed, sending a court reporter home or offering only part of the relief that the client needs. I knew that I was going to be tested on Tuesday morning and again on Wednesday morning of the next week. I prepared a Motion to Recuse and studied the Canons of Judicial Conduct. I felt that I was ready.
Client Two and I arrived in Court Two on Tuesday at 9:25 for the 9:30 hearing. No one was in the courtroom. We waited until 10:40 for Judge Two to appear. During my opening remarks, I reminded Judge Two of not wanting to do this and of using the wrong pronouns for my client. I asked Judge Two to consider a recusal on the Judge's own motion. The Judge refused. I put on a hearing with sworn testimony on many issues from Client Two. Seven evidentiary exhibits were offered and admitted. We watched a sworn videotape deposition of a medical expert witness and a sworn videotape deposition of a law enforcement expert witness. I discussed the relevant statutes, the supporting case law, and how the admitted evidence fit the statutory and case law requirements. I offered several legal briefs on some of these issues. Judge Two simply said "denied."
Stunned, I asked if Judge Two was refusing both the name and gender change on the drivers license or just denying the gender change on the drivers license. Judge Two said that both were denied. My client began to softly weep beside me. I asked if there was something else that Judge Two needed to hear of if there were concerns for which I had a legal brief to address. (I always bring eighteen prepared legal briefs on legal issues that have come up when I have been in courtrooms throughout Texas in the past.) Judge Two replied simply that there was no discussion -- simply denied. Judge Two then told me that if I could find another Judge who would accept the case, Judge Two would transfer it. I knew it was well into the lunch hour and that finding another judge would be difficult. So I then filed the Motion to Recuse that I had prepared over the weekend, citing before that court reporter that Judge Two was illegally discriminating against my client on the basis of sex and that Judge Two was violating certain Canons that dealt with sex and sexual orientation. Judge Two stood up and left the courtroom. The clerk told me that I would probably have a hearing on the Motion to Recuse later in the day so I gave the clerk my cell phone number and told the clerk we were going to lunch.
Outside the courtroom, I hugged my client who was struggling to be strong. I told her that we were not going to lunch, but that we were going to find another judge. To make a long story short, I went to many courts where judges were gone -- some to lunch but most were out of town for a judicial conference. Judge Two knew this would be so. Finally, I found a judge who would listen and who would accept the transfer. It took many hours for all of the various legalities to occur. Client Two and I left the courthouse at 4:00 after a seven hour day of stress. I obtained for Client Two a transfer and the signed Order for both the change of name and correction of gender from M to F on the drivers license. That night I slept fitfully. Every time I began to relax and fall to sleep the stress of the day in dealing with Judge Two and the struggle to get the case transferred came roaring back into my mind.
The next morning I met Client One at the courthouse. We went to the courtroom of absent Judge Three and were heard by Visiting Judge Four. Less than one hour later, Client One also had her certified copies of her Order for both the change of name and correction of gender from M to F on the drivers license. The Visiting Judge had listened to the statutory and case law as I presented it and also to the evidence and granted our request.
I slept good that Wednesday night. The next morning over coffee, I told my spouse that as difficult and stressful as the past weeks had been with Judge One and with Judge Two and with the huge amounts of my clients' time that both judges had wasted, I had learned a lot about myself. I had been tested by two judges who wanted transgender issues and transgender clients to either go away or to take less that what they deserved under the law. And I had stood toe to toe and withstood the variety of legal tricks they had tried to use in their efforts to flush these transgender cases in a manner that would prevent a successful appeal if need be. I had never given up for my clients.
And my clients are now living each day with one less burden.
It burns me up to hear stories (including my own) how the rights of TG folks are blatantly disregarded by our public officials who are sworn to mete out justice fairly and without prejudice. I know it's naive to expect people in power to be fair and unbiased when it comes to transgender issues, but not expecting it doesn't make it any less right. Ms. Frye's account is, of course, a bit self-serving, but still a sobering look at the legal hurdles many TG people face.
NEVER GIVING UP FOR MY CLIENTS
by Phyllis Randolph Frye
Recently, I had two incidents of extreme difficulty with two judges who were not at all helpful to my transgender clients. These incidents, not related to each other in any other than having me as the same attorney and both Petitioners were transgendered, began within weeks of each other and ending on consecutive days in January 2007.
Client One's Petition was filed at a Texas courthouse and randomly assigned to Court One with Judge One in that particular county in October 2006. Judge One required a background fingerprint check through the Texas DPS and the FBI. Lots of judges so require, no problem here, while some judges do not so require. I obtained the fingerprint cards from the court clerk (not knowing that they were marked as being from a different court), had my client fingerprinted and mailed them with the required fee. In November, I called Texas DPS to inquire as to the delay and was told that the cards had been processed and mailed to the court the previous week. DPS said they were mailed, but we could not find them at the courthouse. After several calls in December, I discovered the mix up and inquired at the different court. That clerk was very nice, said that he assumed that someone would call about them eventually and promptly sent them to the correct court. With the holidays, I was able to get a court date for a Thursday in January.
Client Two's Petition was similarly filed at a Texas courthouse and randomly assigned to Court Two with Judge Two in that particular county in November 2006. Judge Two also required a background fingerprint check through the Texas DPS and the FBI. This went smoothly, but as I tried to set a court date, I ran into a snag. While talking to the coordinator for the court, I met Judge Two and because there was no opposing side, I asked the Judge if the Judge had a problem with doing a name change and gender identification change for transgenders. Judge Two said no problem if the transgenders were completely finished with all of the surgical processes. I told the Judge that the common medical practice was to do the legal document work at the very beginning of the transition. After that meeting, I could not get a hearing date. After two weeks of calls to the coordinator to be told that the Judge would not set a full hearing date, I set it for a Friday morning docket call in January to force Judge Two to talk to me and to set a date.
Client Two and I arrived for the 10:00 printed docket call on a Friday in Court Two. Many cases went before Judge Two. We then sat through the 11:00 printed docket call as well. At 12:20, Judge Two called us up to the bench. I had asked for a court reporter. Judge Two said that he was not disposed to granting my client's request. Judge Two called my male to female client, "him" which I promptly corrected. After several minutes, I requested a full hearing which would either educate Judge Two and answer Judge Two's concerns or create sufficient record for an appeal. Judge Two agreed to give me a one hour hearing. I informed Judge Two that my client and I had rehearsed this and that in previous presentations to other judges (all of which had signed after the 2-1/2 hour hearing), the hearings took 2-1/2 hours. After several more minutes of discussion, Judge Two relented and set a full hearing for 9:30 on a Tuesday morning two weeks later.
During the next week, Client One and I went to the Thursday hearing in Judge One's court. Ten minutes before the hearing began, my office called me to say that the court reporter for Court One had called my office to tell me that she was told by Judge One that she would not be needed and to go home. (I had a motion requiring a court reporter on page one of my Petition.) I asked the court bailiff to find me a court reporter who was not busy from another court which the bailiff did. Moments before Judge One came out, a court reporter from another court arrived and began to set up. When Judge One came out and saw that a court reporter was there, Judge One turned red. We began much the same way as with Judge Two during the previous week with the exception that Judge One did offer the name change but not the gender change from M to F on the drivers license and Judge One did not call my client by the wrong pronouns. After several minutes Judge One told me that I would get a call from the clerk setting a full hearing during the following week. The next day, the clerk called saying that Judge One was busy but that our hearing was set to be heard in Court Three by Visiting Judge Four because Judge Three was out of town. It was set for Wednesday at 9:00.
During the weekend, I checked and rechecked. I had gone toe to toe with two judges who had used various techniques to flush my client and make everything go away. Judges go to judge school to learn such techniques -- offering a short hearing when a long one is needed, sending a court reporter home or offering only part of the relief that the client needs. I knew that I was going to be tested on Tuesday morning and again on Wednesday morning of the next week. I prepared a Motion to Recuse and studied the Canons of Judicial Conduct. I felt that I was ready.
Client Two and I arrived in Court Two on Tuesday at 9:25 for the 9:30 hearing. No one was in the courtroom. We waited until 10:40 for Judge Two to appear. During my opening remarks, I reminded Judge Two of not wanting to do this and of using the wrong pronouns for my client. I asked Judge Two to consider a recusal on the Judge's own motion. The Judge refused. I put on a hearing with sworn testimony on many issues from Client Two. Seven evidentiary exhibits were offered and admitted. We watched a sworn videotape deposition of a medical expert witness and a sworn videotape deposition of a law enforcement expert witness. I discussed the relevant statutes, the supporting case law, and how the admitted evidence fit the statutory and case law requirements. I offered several legal briefs on some of these issues. Judge Two simply said "denied."
Stunned, I asked if Judge Two was refusing both the name and gender change on the drivers license or just denying the gender change on the drivers license. Judge Two said that both were denied. My client began to softly weep beside me. I asked if there was something else that Judge Two needed to hear of if there were concerns for which I had a legal brief to address. (I always bring eighteen prepared legal briefs on legal issues that have come up when I have been in courtrooms throughout Texas in the past.) Judge Two replied simply that there was no discussion -- simply denied. Judge Two then told me that if I could find another Judge who would accept the case, Judge Two would transfer it. I knew it was well into the lunch hour and that finding another judge would be difficult. So I then filed the Motion to Recuse that I had prepared over the weekend, citing before that court reporter that Judge Two was illegally discriminating against my client on the basis of sex and that Judge Two was violating certain Canons that dealt with sex and sexual orientation. Judge Two stood up and left the courtroom. The clerk told me that I would probably have a hearing on the Motion to Recuse later in the day so I gave the clerk my cell phone number and told the clerk we were going to lunch.
Outside the courtroom, I hugged my client who was struggling to be strong. I told her that we were not going to lunch, but that we were going to find another judge. To make a long story short, I went to many courts where judges were gone -- some to lunch but most were out of town for a judicial conference. Judge Two knew this would be so. Finally, I found a judge who would listen and who would accept the transfer. It took many hours for all of the various legalities to occur. Client Two and I left the courthouse at 4:00 after a seven hour day of stress. I obtained for Client Two a transfer and the signed Order for both the change of name and correction of gender from M to F on the drivers license. That night I slept fitfully. Every time I began to relax and fall to sleep the stress of the day in dealing with Judge Two and the struggle to get the case transferred came roaring back into my mind.
The next morning I met Client One at the courthouse. We went to the courtroom of absent Judge Three and were heard by Visiting Judge Four. Less than one hour later, Client One also had her certified copies of her Order for both the change of name and correction of gender from M to F on the drivers license. The Visiting Judge had listened to the statutory and case law as I presented it and also to the evidence and granted our request.
I slept good that Wednesday night. The next morning over coffee, I told my spouse that as difficult and stressful as the past weeks had been with Judge One and with Judge Two and with the huge amounts of my clients' time that both judges had wasted, I had learned a lot about myself. I had been tested by two judges who wanted transgender issues and transgender clients to either go away or to take less that what they deserved under the law. And I had stood toe to toe and withstood the variety of legal tricks they had tried to use in their efforts to flush these transgender cases in a manner that would prevent a successful appeal if need be. I had never given up for my clients.
And my clients are now living each day with one less burden.
