'(." .

NO. 06-17919
IN THE INTEREST OF

A CHILD
.
. IN THE DISTRICT COURT
301
ST
JUDICIAL DISTRICT
DALLAS COUNTY, TEXAS
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE BY
NON-RESIDENT ATTORNEY RICHARD DUCOTE
The Court having considered the motion of Richard
Ducote, Esq. of the Louisiana Bar (La. Bar # 5111), mOVIng
pursuant to Rule XIX,' Rilles' Governing Admission to the Bar of
Texas, for leave to a.s co-counsel pro hac vice with Thomas
Burton, Esq., court appointed attorney ad litem for the child,
',". ' .
". ','
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., and theCCHlrt knowing Mr. Ducote's excellent 30
...' .....,' ...f..
year reputation(l) as a respected advocate for abused women and
Since Mr. Ducote is apparently targeted in various cases around the country by
opposing parties adjudicated or accused ofdomestic violence/ child abuse and their counsel
wishing to avoid his documented expertise in abuse litigation, and because of a recent
appellate court decision stemming from a case involving the predecessor judge in this Court
(discussed below),.thisjudge finds it appropriate to comment further on Mr. Ducote. He has
been admitted to the Louisiana Bar since 1978, and is in good standing as counsel admitted
to the following federal courts: the United States Supreme Court (7/20/87), United
Courts of Appeals for the Fourth (7/14/99), Fifth (12/14/83), Ninth (9/27/87), and
Eleventh(9/13/02) Circuits; and United States District Courts for the Eastern DistriCt of
Louisiana (12/20/78), the Western District of Louisiana (1/20/92), the Middle District <?f
Louisiana (10/3/86), the Southern District of Mississippi (11/12/94), the Northern District
of Ohio (8/12/87), the Eastern District of Texas (2/6/92), the Northern District of Texas
1
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(8/24/88), and the District of Colorado (3/5/99). In In the Interest ofA.R., 236 S.W.3d 460
(Tex.App.5th Dist. 2007), the Court of Appeals discussed Mr. Ducote's involvement as a
consultant in that particular case. Therein, in a case involving the predecessor judge ofthis
same 301sl District Court (I recused myself from that particular case upon taking the bench
because I was already familiar with the proceedings), all sorts of allegations against Mr.
Ducote are referenced, clearly based on second and third hand hearsay, rumor, innuendo, and
some sort of "guilt by association." See discussion, Id. at 460, 466-467, 471. Since Mr.
Ducote was not a party to the trial court case or the appeal, he was not able to defend himself.
Although the trial judge made no findings that Mr. Ducote had done any of these things
mentioned in the reported decision, that fact is not clear from an initial cursory reading ofthe
Opinion. (See Id. at 461, first full paragraph, for the first reference to any lack offlndings
against Ducote). Next, the Opinion discusses the trial judge's ruling excluding Mr.
Ducote from the courtroom. Id. at 468. The Opinion does not explain the course of events
in that regard. After the trial judge rather arbitrarily excluded Mr. Ducote fram the
courtroom without the record reflecting anyjustification for the action taken, he applied for
a writ in the Fifth District Court ofAppeals (CaseNo. 05-06-00242-CV) seeking readmission
to the public trial. It was not until after the trial judge was served with the writ petition that
she crafted her Order Excluding From Courtroom specifically tailored to the writ
petition, the timing ofwhich she did not disclose to the appellate court [See Ex. A, Relator's
Reply to Respondent's Response]. Mr. Ducote never received the hearing he demanded both
in the trial court and the Court of Appeals. The Opinion's references to Ducote's
ourtroom behavior" derive from this post-facto trial court Order. It
seems that the attached May 23,2006, letter from Billie Lee Dunford-Jackson, Co:-Director
of the Family Violence Department of the National Council of Juvenile and Family Court
Judges [Ex. B] very adequately explains Mr. Ducote's background and the resistance .
encounters from some judges and adverse counsel.
Furthermore, additional discussion of the "kidnaping" innuendos is warranted. The
private investigator whose "drive-by" affidavit accused Mr. Ducote of some involvement
with missing children, mentioned in the Opinion, has fought efforts to depose him, to force .
him to produce the "evidence" upon which he made his affidavit, and to ascertain who is
paying him for this campaign against Mr. Ducote. -The affidavit of Nancy Fisher, the since
retired FBI agent who was involved in the DeWalt case, the Comal County, Texas, matter
upon which this private investigator focuses in his affidavit, establishes that not only was
Mr. Ducote never suspected ofany involvement in that child's disappearance, but that he was
actively in contact with federal law enforcement during the relevant time period [Ex. C].
Were Mr. Ducote involved in kidnaping children, I doubt that would have been invited by
the U.S. Attorney's Office in the Western District of New York to train, side by side with
officials from the National Center for Missing and Exploited Children and a-Dallas Police
Department Detective, FBI agents and other law enforcement officers [Ex. D].
2
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.
children, and an ardent proponent of family court law reform, the
motion is GRANTED, and Mr. Ducote is admitted pro hac vice as co-
counsel with Thomas Burton, Esq.(2), the attorney ad litem for the
child in this case.
1
tl
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Done and signed this _.:-'_-_ day of February, 2008, at Dallas,
Texas.

LYNN ERR ,JUDGE
Notwithstanding the hearsay and other unsupported attacks on Mr. Ducote referenced in the
Opinion, I find the more credible and relevant evidence of Mr. Ducote's activities, and the
company'he keeps, to be his invited participation in the'conference jointly sponsored by the
Association of Family and Conciliation Courts / National Council or'Juvenile and Family
Court Judges to address concerns about family court cases involving domestic violence [Ex.
E] and his requested involvement in the preparation of A Judicial Guide to Child Safety in
Custody Cases [Ex. F].
2
Mr. Ducote's detractors also apparentlytarget Justice for Children, likewise discussed
in the A.R. Opinion, for whom Mr. Burton is General Counsel. These attacks are similarly
spurious and designed to discredit and undennine a very well respected and nationally
honored organization fighting against domestic violence and child abuse. Justice for
Children has been lauded by the American Bar Association and other credible organizations.
See http://www.ifcadvocacy.org/.
3
TEXAS STATE
BOARD OF
EXAMINERS OF
PSYCHOLOGISTS
EXECUTIVE DIRECTOR
Sherry L. Lee
June 13,2006
CERTIFIED MAIL #7004 2510 000386974590
Susan Amanda Rankin M.S.
301 st District Court Judge
203 Lake Ridge Village #214
Dallas, Texas 75238
RE: Use of title "psychologist"
Dear Judge Rankin:
MEMBERS OF THE BOARD
Pauline A. Clansy, Ed.D.
Chair
Houston
Gary R. Elkins, Ph.D.
Vice-Chair
Temple
Betty Lou "Penny" Angelo
Midland
Catherine Bernell Estrada, M.Ed.
Fort Worth
Arthur E. Hernandez, Ph.D.
San Antonio
Michael D. Nogueira
Fredericksburg
Ruben Rendon, Jr., M.S.
Dallas
Carl E. Settles, Ph.D.
Killeen
Stephanie Sokolosky, M.P.S.
Wichita Falls
The Texas State Board of Examiners of Psychologists has received a complaint
concerning the above-referenced issue. A copy of the complaint is enclosed.
In the State of Texas, pursuant to the Psychologists' Licensing Act ("Act"), Section
501.002 and 501.003, only a licensed psychologist may use the title of "psychologist."
Our records show that from 1979 to 1988 you were a licensed psychological associate.
As such, you may refer to your experience as "my background in psychology," but use of
the title "psychologist" is not permitted for a psychological associate.
As I'm sure you recall, the licensing process is rigorous and this Offi.ce is charged with
enforcement of the Act. Therefore, the Board respectfully requests that you edit your
judicial profile, campaign letter, and modify any other written or spoken reference to
experience as a "psychologist."
Please respond in writing within twenty (20) days of your receipt of this letter. Call with
any questions - my direct line is (512) 305-7705.
Sincerely,
:')_ L_I, l-l
Dianne L. Izzo
General Counsel
Enclosure
333 Guadalupe, Suite 2450, Austin, Texas 78701
(Administration) 5123057700; (Investigations) 5123057709; (TOO) 18007352989; (Fax) 5123057701
http://wwwtsbep.state.tx.us
The Texas State Board of Examiners of Psychologists is an equal opportunity employer
and does not discriminate on the basis of race, color, religion, national origin, age, sex, disability, or sexual orientation.
NO, DF 03-18320
IN THE INTEREST OF
A MINOR CHILD

IN THE DISTRICT COURT

254
TH
JUDICIAL DISTRICT
DALLAS COUNTY, TEXAS
AFFIDAVIT OF DONNA R. MILBURN, Ph,D.
STATE OF TEXAS
COUNTY OF COLLIN
-Before me, the undersigned notary, on this day personally
appeared Donna R. Milburn, Ph, D., the affiant, a person whose
identity is known to me. After I administered an oath to Affiant,
Affiant Testifiedt
"My name is DONNA R. MILBURN, Ph.D., I am a Clinical
Psychologist; whose practice is located at 2000 North Central
Expressway, Suite 210, Plano, Texas; 972.509.6211. I am over 18
years of age, of sound mind, and capable of making this affidavit.
The facts stated in this affidavit are within my personal knowledge
and are true and correct.
"I am the individuaU,herapist court-appointed to provide
to as the approved designated
replacement for Dr. Don Lammers. AIIIIIIIR........ is the child,
the subject of this suit. I have Dr. Lammers regarding
this individual and have apprised him of my concerns. I have seen
this child for ten sessions from January 19" 2012 through today.
Following her last session on May 3, 2012, I submitted a report to
the Texas Department of Family and Protective Services,
confirmation number 873638, as required by law.
consistently discussed a history of sexualized
father since early childhood and the information
that she has given has never wavered. These include being forced
to sleep with her father for several years without having her own
bed, having to bath with him and have contact with his penis with
a washcloth, remembering having her limbs tied while undressed and
father kissing her bottom, and remembering her father touching her
genital area. These were reportedly investigated by Child
Protective Services and ruled unable to determine at that time.
..........idaVit.do
PAGE 1
"New information provided by a report.
The child stated in her 5/3/12 session that, on a school night as
she was ready for bed during the week of April 16
th
, her father
called her into his bedroom, barred her from the exit of the door (,
pushed her down on his bed; stood over her so that she could not,
get up, and told her she was going to sleep in his bed that night.
She said she asked him if he was going to sleep in her bed, and he
told her no. She said she pushed him back and had a physical
altercation where she pushed him away from her and called him a
"creeper" and rapidly left the room going to her room and locking
the door. She said that she was frightened by his behavior. The
child also repeated previous statements that her father has periods
of ,time when he consumes "half a large bottle" of "alcohol"
(describes bourbon or whiskey) a night, has come into her room
while she is sleeping and she awakens and he then begins screaming
at her, calling her a "mother-fucker" i "white trash like your
mother", and searches through her belongings in room and closet and
bathroom yelling about her having a hidden phone. She has said
that she was afraid of him and that she has never been protected
from him. As she has begun standing up to him, the conflicts have
worsened between them and she has told him that she wished that he
was "dead in a ditch" or "dead in a well." She has reported
physical aggression when her father reportedly grabbed her face and
squeezed hard leaving slight bruising on the sides of her face,
reportedly hit her on her legs, has grabbed and twisted her arms,
and threw her cat'into the wall in front of her. The child said
that she told Dr. Lammers about some of the past sexual abuse and
then, when she was told by her father that Dr. Lammers was telling
him everything she said in therapy, she recanted to protect
herself. She also stated what appears to be new information about
the past sexual contact wpen she talked in therapy about
remembering her father treating repeated yeast infections by
putting his fingers into her vagina with the medicine and refusing
to let her put the medicine on herself.
. "A-' has stated that she has suicidal thoughts, often
herself and has cut on herself once; that she
has homicidal thoughts of killing her father but does not have a
and that she has thoughts of running away from home to escape
this situation.
"In the session on 5/3/12, A provided information that
indicates she has limited access to emergency help in her fatheris
home should she need assistance. The only house phone is the
father's cell phone, and she said that he hides it and she does not
know where it is. She is too afraid to take the cell phone her
mother has provided for her into his apartment. She said that she
does not know her father's address because he has told her that she
is not allowed to memorize the address. She does not know any of
the neighbors at the apartment, and her description of the
environment and possible escape routes if she feels in danger
suggest that she feels trapped when in the father's home.
AFFIDAVIT OF DONNA R, HILBURN, Ph,D.
ffidavit.donna.r.milburn,ph.d.wpd
PAGE 2
05/04/2012 14:14
80'd 1'llOJ.
2143695943 ATTORNEYS OFFICE PAGE 03/03
asked fel: help i.n situation, has
Qsked to speak to anyone who can help her, and has said that she
"int.ends to sue her father when she becomes an adult for the history
of abuse that has occo,n:ed in his home."
5) rl. m
DOtmA R. MILBORNI Ph. D.
Affiant
SWORN TO AN9.9gBSCRIBED ME by DONNA R. MILBURN, Ph.D., on
this the __ A.__ day of May 2010.
My commi:::sion expires:
cfJ-:;) 7.,;)0 /3
Al"FIDAV!x 01'" DotrtCA x. K:u.J:mJUl', Ph. D.
IIiIil ...".l\tiJ.bw:n.pb.d_wpd
ElO'd
PI\G 3
'2012-0;-11 15:31
IN THE INlrEREST OF
. . J . .
ACHILO
NO.
INTiiE DISTRICT COURT
-
,301 STJtJOiOIA:.. DISTRicT

DALLASGOUNTI'. TEXAS
_ l\'lm yciJl'S of i'esidcifl, bc:lil<1S
,:l female chile bom on 16.2000. .'lgc 12.
'nterl or has qualified 3S of person or csm:c
fATHER"S AFFI FOR VOl:.UNTARY RELINQUISHMENT
: - - 'I OF PARENTAL RJGHiS
STATE OF TEXAS ,
J.R aJpeiared rn pcrsOi'l be-tore me today ;:tnc'. in the presence of


of t.,c child.
"' am QO\ obliS::lQd by court orce:to m<li<a ;)ayrrer\!S for tl'le SU;l;:lM: of the
, and she resides in
inth:s present C3l:Se thnt J
Dallas County; Texas,
"To .he best . I do not have America') lndian <lnccs,ry. lam
Mt a meml:1er ofalri ;', ,nor :$ antmc::nbor ot' my a registered member
of a tribe.
';AfuJi desc:i;)tion. includ v;)luc. of all propetty o'.'mee or possessed
is as follows:
Name 0: Chifd:
i
'i

I "
-i frceiy vciuntnrl .ti/e <l!'1crchnquish to
par,ental dvties,
.:!I, fUUy th' _.' bepr.omtltlyfiIe-c 3 court
jL,l:isdiqion to termir131e fore me .ami t.'lechild
n<lr.'lcd above, I fuJiyt.mcets , . d tcrmina,lon or may be comblncc
. with. a sui. t6 adOpt my thHj;1. . unders$:ndthat Qi'lc-e the COurt terminates my
pafental rightS.l no fu Dei sa}' my cryild, or not my chi.id is
"I t!WIl to pcrson<lllybcforc,thc COl,Jr!;with an nUorncy
of my choice, io testify I'ly child. l-iOwcvcr,1 not
to go to court in I \T. this Affidilvit for Rclir.quishmenr of PnrcntaJ
Rights ttl tMcCourt.. .
-Becilusc'l co,nolwant' .testifyIn before the Court. I freely :;):'16 voluntarily
voiaivc-and give up.my to ( __ ClliCreturn of crtCltion, notice, <)nd all
other precess in ahy suitto te .' ate my ?<ircntal nghts 0:- ihar.y sui, to iCrmil'tarc
;:>arental rights jo:oce with;) sti.: to <;ldopt. I dd r'IOt W<lnt to be iMo:-mcc t\,;:1!'lCr about the
. I specifically agree t .. ClfJnai he.<lring in the l<iw:sVii may b"e held a, anytil":':C

v..:thOl,lt ftJrtJ'lcr notice to me. I give ,upmj righno MV'e the Official court re;)o:1er
'the lawsuiL I do not want to be mailed or
given a ofthc.jt.icgmci1t i . )nat:l"lg my rigms aric Co noi w<lnt \0 be. notif:ec
tl1atJucGmChl. iC have
the pClfcntchild relacionship fll .or to be filed with respect to tne child namec be
<issociatCjudgr::: tJ' 201.001 or :hl: Tex3sl='amily Code.
"it I Clrn in the armed of Unitec States at this lime. that fact in no way
has my treecom t ;make my CieCision to and. insc>far'
as this matter is concemed, I w.a .e all ri;hts. priviit:ges. and e:<emptions th<lt
.
-
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P 4/6
exist in my! - the RclicfAet.
ap:;>oimment to in this case.
"I FULLY i MAy Nb:t'6E FURTHER INFORMED ABOUT
THE TERMINATION SUIT+,ABOVT AN; OTHER HEARINGS OR PROCEEDINGS
IN TnISAFFiD/wr'i. I REQJESTTrWTTHE ENTIRE
;::'iLE RE,GARbING
ierrhinalion of the pa IS i:1 interest o( the ch:[d.
I,;nderSt3nc that this tmination possible by executiflg afficavit
IS REVOCABLE ONLY IF THEREvQCATlbN IS MADE
TIJEeLEVENTH D .'/( mERTHE DATE THE. AFFICiAVITIS EXECUTED.
"I understand that S,!revocation ttl b:e.v3Iid. I musf Signa l\vo
"
authorized to take. oaths. If I know that 4 Sl,;it
'. nice.. <.I copy of the rCVOC<ltli;)tf be filed with the cic::ri<
credible witness6S3nd a
of the coiJr..
. "I havecarefuUyconsid _ .altcmati' pli)ns for mycl1ilc' sfuture haveobtelmcc
advice of whatever oc:s. friends. or other .. ::iMd I fccl
v.'cre help mlfiis .ccclsioo. This dcciSlOr. i.s very crfflC".JI\ for me to
and oi.IiCr ckeG' .. might Mvc made. ac'rl-crcritdedsion. t ceclare
. that I fully t.:ncerst<'lrid the .9,otthis affietaVii relinquishment ane the nnaH:)' of my
action in si9hing il ane 13m s . 'fig it (reely. voh.mtilJily. nnd the firm conv:eticn :ha!
oec:isionis the best .waHabl. alterriotive, for my child.
this 3ffirl3VitlOC3YbCC3USC, J want 10 sign It <.1m; not bCcacsc J
.r any me sign'it.. I am
,his affidavhinthc presence Qfhc \;,oit6cS.scs. I <::n a.lso sig::'Jng ihis.
affidavit al'lOt:.ary has askec me under Ofnot eaC1 anc
every statement in this affidavit i L"Ueand orrect.
P 5/6
"' REALIZE THAT I S: Ti"iIS AFFIC'AVfT FOR VOLUNTARY
. . I ....
OF At RIGHTS IF THERE IS ANYT:.;OljGHi IN r...1Y MIN:)
. . .. '. ..-t.. . . .'
AT'iHETIME.OF
THE SIGNI/I:lG Or- THIS' .. lDAVIT ::OR. VOLUNTAP..Y REliNQUISHMENT OF
. ?AREN'rAI. RlGHTSirFEEt.. ,. TlAM F>HYSICALLYANDEMOilONALLY?REPARED
70 $IGNTHISbOCUMENT:lNOTCtJRRENTL.YUNDERTHi;; INFLUc;NC;;: OJ=' ANy
SUSSTANCEAND/ORM::D1C TldNTP.ATWOULDAFFECi' MY ABiLlTYTOEXEC\JiE
THIS AFFIDAVIT.
"I TT 1M' SIGNING THIS AFFIbAVI7 VOLUNTARY
Of RIGHTS MORE THAN F')RTY-EIGHT HOURS
AFTER THE SIRTH OF THE il'l:THIS
Y t'
Vcrifie:ation
Cip eared in;:Jei'sOri before r.'lctoCC1Y and stated on !lIS oa.tt1
that he is that ..,e fotegoi09 Attid<l'lh {or Voluntary Reli:"lqt,llsnment
If3\--
illals
r
201".-
P6/6
of F>2rcn<aJ Rights. and t l'le" std!einenLs iilt are 'IJit'lin his personal
and anc(" eet.-
-ty" RelinquishmC:"l:"Cf Ptircntal Rights \... $igne<l
CaIn bcforem at __ fT). by
: _
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"

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