10/13/2017 Garland Cardwell Appointed

“A bedrock principle of our justice system is ensuring a fair day in court, something that is especially important for children who cannot advocate for themselves”. Patrick Leahy

As Audrie’s Attorney ad litem Garland Cardwell becomes the primary legal defender of Audrie’s Civil ‘Rights’

Notice of Appointment-Child filed 10/13/2017
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49 atty appt child

Here is the information for Audrie’s Attorney ad litem for Child Garland Cardwell from the Texas BAR website.

garland cardwell bar 1garland cardwell bar 2

Here is a slideshow of Garland Cardwell’s payment voucher for the time he ‘represented’ Audrie.

This slideshow requires JavaScript.

Here is a transcription of the events personally listed by, and appearing on Garland Cardwell’s payment voucher during his ‘representation’ of Audrie’s ‘Rights’.

It is important to analyze:

1) The individuals Garland Cardwell is communicating with

2) The individuals Garland Cardwell is communicating about

3) The subject of discussion in the communications

Audrie was taken from her family on October 11th, 2017, and The Notice of Appointment above shows Mr. Cardwell was appointed as her attorney ad litem for child 2 days later on October 13th, 2017 to represent Audrie.

screen shot 2019-01-26 at 12.40.36 pm

  • Garland didn’t receive notice or ex parte orders until 10/16/17.
  • Garland communicated with: Ed Colvin (397th Bailiff) x 1, Cheryl Vaughan (Grayson County ADA) x 1, Beverly Nelson (CPS Legal Liaison) x 1, Unidentified x 1.
  • Mention: Client (Audrie Sargent) x 0. Father (Corey Sargent) x 1.
  • Mention of Father’s GoFundMe x 1.

screen shot 2019-01-26 at 12.40.52 pm

  • Garland didn’t receive any evidence until 11/3/17 (mother hair stand results).
  • Garland communicated with: Teresa Sutherlun (CPS FBSS Caseworker) x 4. Unnamed CPS Caseworker x 1.
  • Mention: Client (Audrie Sargent) x 1. Mother (Amanda Bindel) x 1.
  • Mention of Audrie’s Journal Entries x 2. Mother’s Drug Tests x 1.

screen shot 2019-01-26 at 12.41.09 pm

  • Both of 2 Full Adversary Hearing dates have passed without Garland meeting his client Audrie.
  • Garland communicated with: Amy Patterson (CASA Coordinator) x 3, Renee Culp (CASA Volunteer) x 2, Stephanie Foley (Audrie’s Foster Placement Caregiver) x 1, Unidentified x 1.
  • Mention: Client (Audrie Sargent) x 2. Father (Corey Sargent) x 0. Mother (Amanda Bindel) x 1.
  • Mention of Father’s GoFundMe x 1. Audrie’s Journal Entries x 1. Mother’s Drug Tests x 1.

screen shot 2019-01-26 at 12.41.25 pm

  • Garland communicated with: Robin Bethel (CPS Supervisor) x 2, Renee Culp (CASA Volunteer) x 2, Timothy Foley (Audrie’s Foster Placement Caregiver’s Husband) x 2, Teresa Sutherlun (CPS FBSS Caseworker) x 1. Tyler Said (CPS Conservatorship Caseworker) x 1. Client (Audrie Sargent) x 1.
  • Mention: Client (Audrie Sargent) x 1.
  • Mention of Audrie’s Journal Entries x 1.

screen shot 2019-01-26 at 12.41.39 pm

  • Garland didn’t receive notice of Audrie’s Guardian ad litem until 11/20/17.
  • Garland Finally meets Audrie for his first time in an office.
  • Garland communicated with: Beverly Rogers (Father’s 1st Court Appointed Attorney) x 2. Teresa Sutherlun (CPS FBSS Caseworker) x 1. Unidentified  x 1.
  • Mention: Client (Audrie Sargent) x 1.
  • Mention of Audrie’s Journal Entries x 1.

screen shot 2019-01-26 at 12.41.50 pm

  • Garland wasn’t in attendance for this hearing. Another attorney from his firm Cristina Tillett took his place.
  • Garland (or an associate) communicated with: Beverly Rogers (Father’s 1st Court Appointed Attorney) x 1. Beverly Nelson (CPS Legal Liaison) x 1. Unidentified x 2. Judge Brian Gary (presides 397th) x 1. Client (Audrie Sargent) x 1.
  • Mention: Client (Audrie Sargent) x 2. Judge Brian Gary (presides 397th) x 1.

screen shot 2019-01-26 at 12.42.00 pm

  • Garland attended 1st Permanency Conference.
  • Garland communicated with: Amy Ball (CPS Supervisor) x 1. Belinda (CPS ?) x 1. Unidentified x 2.
  • Mention: Client (Audrie Sargent) x 1. Father (Corey Sargent) x 1.

screen shot 2019-01-26 at 12.42.12 pm

  • Garland hasn’t seen Audrie his client in 3 months since 11/21/17.
  • Garland communicated with: Amy Ball (CPS Supervisor) x 1. Belinda (CPS ?) x 1. Unidentified x 2. Beverly Rogers (Father’s 1st Court Appointed Attorney) x 1. 397th Court x 1.
  • Mention: Client (Audrie Sargent) x 0. Father (Corey Sargent) x 1.

screen shot 2019-01-26 at 12.42.24 pm

  • Garland attends 2nd Permanency Conference. Audrie was not invited to either one.
  • Garland communicated with: Frank Culp (CASA Volunteer) x 1. Unidentified x 2. 
  • Mention: Client (Audrie Sargent) x 0. Father (Corey Sargent) x 1. Mother (Amanda Bindel) x 1.

screen shot 2019-01-26 at 12.42.37 pm

  • Garland has already let (through Christina Tillett) Audrie and Judge Brian Gary speak.
  • Garland communicated with: Tyler Said (CPS Conservatorship Caseworker) x 1. Unidentified x 1. Cheryl Vaughan (Grayson County ADA) x 1. Tyler Said (CPS Conservatorship Caseworker) x 1.
  • Mention: Client (Audrie Sargent) x 1. 

screen shot 2019-01-26 at 12.42.50 pm

  • Garland mention’s his first and only specific reference to the child who is his client.
  • Garland communicated with: Tyler Said (CPS Conservatorship Caseworker) x 2. Unidentified ALL x 1. Client’s Maternal Grandmother (Loretta Bertrand) x 1.
  • Mention: Client (Audrie Sargent) x 1. 
  • Mention: Audrie’s direct text messages to Tyler Said of CPS.

screen shot 2019-01-26 at 12.43.04 pm

  • Garland again misses this hearing and Christina Tillett ‘represents’ Audrie a 2nd time.
  • Garland communicated with: Tyler Said (CPS Conservatorship Caseworker) x 1. Unidentified x 2. Amy Patterson (CASA Coordinator) x 1, Renee Culp (CASA Volunteer) x 1. Cheryl Vaughan (Grayson County ADA) x 1. Angela Wilson (CPS ?) x Client (Audrie Sargent) x 3. Judge Brian Gary (presides 397th) x 1. Client’s Maternal Grandmother (Loretta Bertrand) x 1.
  • Mention: Client (Audrie Sargent) x 3. 

screen shot 2019-01-26 at 12.43.23 pm

  • Garland mentions a hearing and client meeting on a scribbled out date I am not aware of???
  • Garland communicated with: Cheryl Vaughan (Grayson County ADA) x 1. Tim Haney (mother’s private attorney) x 1. Sara Fagan (CPS Supervisor) x 1. Tyler Said (CPS Conservatorship Caseworker) x 1. Kristie Douglass (CPS ?) x 2. Sheila Shea’s Office (Mediator) x 1. Renee Culp (CASA Volunteer) x 1. Cheryl Vaughan (Grayson County ADA) x 1. Angela Wilson (CPS ?) x 1. Rick Dunn’s Office (Father’s 2nd Court Appointed Attorney) x 1. Client (Audrie Sargent) x 1.
  • Mention: Client (Audrie Sargent) x 1. 

screen shot 2019-01-26 at 12.43.36 pm

  • Garland closes Audrie’s file 11/9/18.
  • Garland makes his last note of ‘representing’ Audrie on 11/12/18.  Garland’s note is typed attend mileage expense, but Mediation is written in by hand.
  • Garland communicated with: Tyler Said (CPS Conservatorship Caseworker) x 1. Sheila Shea’s Office (Mediator) x 2. 
  • Mention: Client (Audrie Sargent) x 0. 

To sum up Garland Cardwell’s activity in defending Audrie’s ‘rights’.

  • Communicated with 23 individuals plus communicated with individuals that are unidentified other than his client Audrie.
  • Approximately 76 communications total with these individuals.
  • Communicated with Audrie 4 times total (2 of which were from CAT).
  • Communicated with Audrie’s parents 0 (ZERO) times total.
  • So ZERO Communications with people with knowledge of Audrie’s life.
  • Subject of the Communications:
    • Client (Audrie Sargent) 14 Times.
    • Father’s GoFundMe 2 Times.
    • Audrie’s Journal 5 Times.
    • Audrie’s Mother (Amanda Bindel) 4 Times.
    • Audrie’s Father (Corey Sargent) 5 Times.
    • Audrie’s Texts 1 Time.
    • Drug Tests 1 Time.
    • Audrie’s Siblings 0 Times.
    • Audrie’s Desires 0 Times.

Garland Cardwell’s client’s attempted to be expressed, but then repeatedly repressed, desires of her representation.

audrie journal 5

  • Audrie was granted her desire to meet her attorney Garland Cardwell before 0 of her 5 hearings in which he represented her in defense of her ‘rights’.

Garland Cardwell’s actual responsibilities in defending Audrie’s ‘rights’ as stated by Texas Law.

Texas Family Code – FAM § 107.003. Powers and Duties of Attorney ad Litem for Child and Amicus Attorney

(a)An attorney ad litem appointed to represent a child or an amicus attorney appointed to assist the court:

(1)shall:

(A)subject to Rules 4.02 , 4.03 , and 4.04, Texas Disciplinary Rules of Professional Conduct , and within a reasonable time after the appointment, interview:

(i)the child in a developmentally appropriate manner, if the child is four years of age or older;

GARLAND DID NOT MEET AUDRIE ONCE UNTIL 11/21/2017. WELL OVER A MONTH AND 2 HEARINGS AFTER HIS APPOINTMENT IS NOT WITHIN A REASONABLE TIME.

(ii)each person who has significant knowledge of the child’s history and condition, including any foster parent of the child; and

GARLAND NEVER INTERVIEWED PEOPLE WITH KNOWLEDGE

(iii)the parties to the suit;

GARLAND NEVER INTERVIEWED EITHER PARTY TO THE SUIT

(B)seek to elicit in a developmentally appropriate manner the child’s expressed objectives of representation;

GARLAND MENTIONED HER JOURNAL AND TEXTS THAT EXPRESSED HER DESIRED OBJECTIVES BUT FAILED TO HONOR THEM

Texas Family Code – FAM § 107.004. Additional Duties of Attorney ad Litem for Child

(a) …shall, in a developmentally appropriate manner:

(1)advise the child;

DID GARLAND ADVISE AUDRIE? 

(2)represent the child’s expressed objectives of representation and follow the child’s expressed objectives of representation during the course of litigation if the attorney ad litem determines that the child is competent to understand the nature of an attorney-client relationship and has formed that relationship with the attorney ad litem; and

GARLAND NEVER STATED AUDRIE’S DESIRES

(d) …shall:

(1)meet before each court hearing with:

(A)the child, if the child is at least four years of age;

GARLAND MET WITH AUDRIE BEFORE ZERO OF 5 TOTAL COURT HEARINGS. GARLAND’S ASSOCIATE MET WITH AUDRIE BEFORE 2 OF 5 TOTAL COURT HEARINGS.

(2)if the child or individual is not present at the court hearing, file a written statement with the court indicating that the attorney ad litem complied with Subdivision (1).

GARLAND DOES NOT MENTION ONE OF THESE STATEMENTS. AUDRIE ACTUALLY ATTENDED 0 OF 5 TOTAL COURT HEARINGS. AUDRIE MET WITH JUDGE PRIVATELY 2 0F 5 TOTAL COURT HEARINGS NONE WERE WITH GARLAND CARDWELL.

(d-1)A meeting required by Subsection (d) must take place:

(1)a sufficient time before the hearing to allow the attorney ad litem to prepare for the hearing in accordance with the child’s expressed objectives of representation; and

GARLAND NEVER MET WITH AUDRIE BEFORE ANY OF THE 5 TOTAL COURT HEARINGS.

(d-2)…shall, before each scheduled hearing under Chapter 263, determine whether the child’s educational needs and goals have been identified and addressed.

GARLAND NEVER MET WITH AUDRIE BEFORE ANY OF THE 5 TOTAL COURT HEARINGS.

(d-3)…shall periodically continue to review the child’s safety and well-being, including any effects of trauma to the child, and take appropriate action, including requesting a review hearing when necessary to address an issue of concern.

GARLAND ONLY MET WITH AUDRIE ONE MAYBE 2 TIMES TOTAL. GARLAND ONLY MENTIONED HER WELL BEING ONCE. GARLAND NEVER MENTIONED TRAUMA.

So in short Garland Cardwell himself lists over 75 communication with almost 2 dozen other individuals regarding his client and her ‘rights’.  He never met his client before or after any hearing.  He never attempted to contact Audrie’s parents regarding their or Audrie’s ‘rights’.  He mentions numerously the journal or texts from Audrie herself.  He includes Audrie’s captors, caseworkers, advocates, and family court members who are all depriving Audrie of her ‘rights’ to some degree, but he excludes the parents and the child all in need of protections regarding their constitutionally granted human rights.

Once Again, Garland Cardwell’s client’s expressed, but then repressed, desires of representation.

audrie journal 5

  • Nope. Audrie was granted her desire to meet her attorney Garland Cardwell before 0 of her 5 hearings in which he represented her in defense of her ‘rights’.

ONCE AGAIN:

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