JP 2-1 SALAZAR'S POLITICAL LITMUS TEST: WILL SHE LET DISBARRED WIGHTMAN PRACTICE LAW? SHOW 9 A.M. TUESDAY

By Juan Montoya
For the better part of a month, local blogger Robert Wightman has told his readers that state law allows him to represent his nephew in Justice of the Peace 2-1 Linda Salazar's court.
Wightman was disbarred on Jan. 11, 2002 in the the 298th District Court of Dallas County.

The court found that: "Wightman brought or defended a frivolous proceeding. The court also found Wightman took a position that unreasonably increased the costs or other burdens of a case and delayed the resolution of the case. Wightman, in representing a client, engaged in conduct engaged to disrupt a proceeding. Wightman was also found to have communicated with another party regarding a case when he knew that party was represented by counsel. The court also found Wightman made a statement that was either false or with reckless disregard to its truth regarding the qualifications or integrity of a judge."

An arrogant Wightman thumbed his nose at the Texas State Bar and the Dallas judiciary and bar and was charged with felony practice of law without a license. Facing jail time, he agreed to a plea bargain which reduced it to a misdemeanor.

On April 19, 2004, in a judicial confession on a charge of Practicing Law Without a License (Cause: F-0301282), he asserted that:
"I judicially confess to the following facts and agree and stipulate that these facts are true and correct and constitute the evidence in this case:
On the 9th of June A.D., 2003, in Dallas County, Texas., I did intentionally and knowingly then and there, while not licensed to practice law in this state, another state, or a foreign county, and with the intent to obtain an economic benefit for myself, advise Dr. Dan Leong as to the rights of the said Dr. Dan Leong and the advisability of making a claim for property damages, in a legal dispute with Dr. David Stones." 

Wightman had to spend 14 days in jail for the offense. As originally charged, Falsely Holding Oneself Out As a Lawyer, a third-degree felony offense, he could have received 2-10 years confinement in the Texas Corrections System and an optional fine not to exceed $10,000.
And now that's he's in Cameron County, he is relying on his reading of Texas law to say he will represent his nephew Emilio Montes in small-claims suit he filed in Salzar's court seeking $2.856.52 against a driver he claims was negligent and struck his Harley.

"I will certainly be trying the case under state law. I tried a landlord tenant case under Benny Ochoa and won. The competent judges know the rule. Jonathan Gracia hates me with a passion. The only judge available without forcing a recusal was Judge Salazar."

We spoke to Ochoa and he told us that if he had known about Wightman's disbarrment, he might have reconsidered allowing him to practice law in his court. The hearing has been scheduled in that court for 9 a.m. Tuesday and Wightman is certain that the Salazar will allow him to represent his nephew acting as his lawyer.
We have all been told that the good judge will allow Wightman to practice his lawyering skills and flaunt his legal prowess thumbing his nose at the legal profession which disbarred him. Salazar is facing reelection, so she might have second thoughts about allowing Legal Eagle Wightman to have his soapbox.
The disbarred lawyer says that since he is not charging his nephew, he can step into the courtroom as his legal representative.
But Texas law makes o distinction about whether money changes hands or not. Wigthman is not just some relative. He is a disbarred lawyer practicing law after he has been convicted of a criminal violation and jailed for doing just that.

In fact, Montes (or was it Wightman?) has already had Salazar's court issue a subpoena against the driver's  father to force him to bring the information relating to the insurance coverage on the car.

While the Montes-Wightman team contends that she struck his bike, in her answer, she says it was the other way around and that Montes struck the rear bumper of her car after he ran into her at about 3 a.m.
If and when the woman's father appears, Montes (Wightman) says he will ask the court to abate the case for 60 days to allow the insurance adjuster to review the claim therefore making further action by the court moot.
In other words, they want the court to force the Pointingers to give the the insurance company's name and telephone number and they'll forget about the small claims in Salazar's court.
Now, there was no police report taken at the time of the accident for which Montes and Unk are trying to recover the $3,000 in damages to the Harley, triple punitive damages for her alleged negligence, and a suspension of her driver's license plus court costs, thank you. The reason there is none is because Justine Pointinger (the woman) stated in her response to the lawsuit that Montes did not want her to call the police numerous times that night of the accident. (May 26, 2015).

We have Montes saying that she struck him when the woman states in her response that  he struck the rear bumper of her car.
Obviously, a dispute exists on who caused the accident.
In her response, Pointinger says that after Montes crashed into her rear bumper:
"I asked several times if he was OK? He did not respond. I asked if he spoke english, and he replied 'Yeah I speak English.' He made this statement while rudely looking at me with bloodshot eyes."
and "I asked Mr. Montes if he wanted to called (sic) PD. He said 'yes,' as I started to call he said 'no.'"
"I called my mother who was sleeping at the time. She asked me to call the police. I told her he did not want me to call the police. My mother arrived shortly after I talked to her. She asked again if we had called PD yet? I told her we had not because he told me not to. I was in shock. My mother spoke to Mr. Montes, she asked if he was alright and that we needed to call PD. He asked her if her insurance would pay for his damages. My mother stated that in order for her insurance to pay we needed to call PD. Mr. Montes again refused. He continued to ask several times if my mothers insurance would pay for his damages.
"This was asked about five times," she wrote. " My mother finally said call the police right now because he continued to ask the same thing (if her insurance would pay without getting the police involved.) After she made the statements to call PD Mr. Montes growel (sic) from within and began to pace and look angry. So then he just asked my mother for her phone number and name, that was given to him by my mother. As he walked away he stumbled and my mother asked him if he had been drinking and he turned and replied 'yes ma'am' looked at her and got on his Harley and rode away."

Now Texas law allows a relative to represent another in small claims JP court, but it's "for good cause," such as an illness or disability. What "good cause" does Montes have that will allow Salazar to let Wightman prance in and stage his performance?
He is not disabled, speaks good English, and knows his way around an insurance claim since this will be the third time that he has filed for payment on a bike-related accident. In two cases – including this one – the claims damages to his bike hover around $3,000. This insurance claim business is getting to be repetitive, it would appear.

The show starts at 9 a.m. tomorrow on the second floor of the county's judicial wing. There are metal detectors at the entrance.