APRIL 29, 2010- TOP STORY!
NO SECOND CHANCES - PSRB INVOKES "FIRST STRIKE" POLICY,
REVOKES SERVER FOR FIRST TIME OFFENSE OF (ALLEGED) RULE
VIOLATION
On Friday, March 5, 2010, the Process Server Review Board voted to suspend the certification of
a private process server for six months (with Member, Mark Blended opposed); a virtual death
sentence for any serious process server. Mr. Jay Corbin Eades, a certified process server in
Andrews, Texas was unable to travel the nearly 400 miles to attend the hearing, but, did respond
to the complaint.
The merits of the complaint and the real facts are not being questioned in this article. Because I
have not read the complaint or Mr. Eades response, I won't comment at this time on the PSRB's
decision to apply discipline to Mr. Eades (though I always have my suspicions.) What I will
address is the extremely harsh form of discipline they chose for a first offense allegation.
The complaint claimed, basically, that Mr. Eades had been hired to serve process, but, was not
returning phone calls. Mr. Eades claims that was not the case. Rules 105 (and 536a) require the
server to "execute and return [the process] ... without delay. After a short discussion, the PSRB
came to the conclusion that Mr. Eades violated this rule of civil procedure.
The PSRB's activities are much like a mock criminal trial. They hear a complaint (charge) against
a person (defendant) including swearing in witnesses and hearing testimony. Next, they decide
if the defendant is guilty or not guilty (judgment.) If guilty, the PSRB applies discipline
(sentencing.) They are the judge, jury & executioner. The PSRB can choose a verbal reprimand,
a written reprimand, order retraining, place the server on probation, suspend the server's
certification for a period of time, or permanently revoke the server. Sometimes, they choose a
combination of disciplines like probation and retraining. This means the PSRB can pick from at
least 7 different levels of discipline before reaching the level of suspension; and even more
before reaching the level of revocation. Unfortunately for Mr. Eades, the PSRB went straight for
the jugular.
For those of us like Mr. Eades who need and rely upon the statewide authority our certification
provides each and every day, suspension and revocation is the equivalent of being laid off.
Even if you are one of the "old school" servers who knows how to obtain written orders from the
individual courts, you will most definitely find yourself loosing business, revenue and clients
because of a PSRB decision like the one Mr. Eades has suffered. As for building a process
service company, that has become impossible in Texas without the benefit of statewide
authority being certified provides. STATEWIDE AUTHORITY is the only reason process servers
need to be certified and that necessity is being used as a tool of manipulation and coercion
created by the Texas Supreme Court and monopolized upon by the PSRB.
Appeal? Sure, Mr. Eades can appeal. BUT AN APPEAL IS ABSOLUTELY USELESS! Appeals
take a minimum of three months; half of Mr. Eades' "sentence." For those of us who need and
rely upon statewide authority every day, suspension for a week would be a nightmare. Anything
more than 30 days and we might as well go find another line of work. No occupational
regulation should be this unfair! But, this is exactly what happens when a regulatory agency is
created outside the law, immune from legislative standards and oversight, and unaccountable to
the people. That they would apply such harsh discipline for a first offense is proof that, without
oversight and training, the PSRB is left to autonomously rule based on the morals, ethics and
scruples of each individual member; and that has obviously failed.
The sad thing is that the members of the PSRB know exactly what they are doing. They know
full well that if they revoke or suspend a person for too long, they won't be able to rebound. But,
as with many things in life, the PSRB is not about protecting the public, and it is certainly not
about assisting process servers; it's about money. This very thing, greed and power's evil seed,
is the secret agenda of the PSRB; and sometimes they aren't even very secret about it. They
need money worse than ever and the Legislature is the only way to get it. But, to get it, they
have to convince the Legislature they are needed despite the fact that the Legislature has said
"No" to occupational regulation some 17 times and has twice rejected direct funding for the
PSRB. To achieve their objective, they are continually amassing a body of evidence to justify
their existence. It's simple really... Mr. Eades is just another victim of a board that has lost sight
of its supposed purpose, blinded by its crusade for legislative funding, and unleashed by the
Court like a rabid dog to maul unsuspecting citizens. I guarantee you they are absolutely
salivating over the prospect of informing the legislature of Mr. Eades' so-called heinous deeds
and their "save-the-day" oversight. And when they can't find those numbers of support in their
own records, they just lie.
Last session, Constable Vojvodich's predecessor, Constable Ron Hickman, Pct. 4, Harris
County, did just that. At the time, he had just stepped down from serving more than three years
as the PSRB's Investigations Sub-Committee Chairman. When he left the board, he
conveniently absconded with the private and confidential information of hundreds, possibly
thousands of Texas citizens. He had no right to take that information with him when he stepped
down. He then turned lobbyist for the Constables' Association and used that information to try
and influence legislators to pass legislation that would have no effect on constables, but, would
have burdened and restricted the private server.
During a hearing at the 81st Texas Legislature Constable Hickman offered to committee
members his "proof" that the PSRB is a necessary agency. He handed in a stack of documents
and told the members that the PSRB has received over one hundred complaints on process
servers. Of course, he purposely failed to mention that the large majority had been dismissed as
frivolous or unfounded leaving the committee to believe over a hundred servers had been found
guilty and disciplined by the PSRB; a lie by omission. When committee member, Senator Chris
Harris, realized that Constable Hickman had disseminated the confidential information of
hundreds of citizens in a public forum, he quickly expunged Hickman's testimony, returned the
documents to Hickman, and admonished the constable. You can view this video yourself on the
Texas Legislature's website, no kidding.
These are the lengths to which these people will go to move their agenda forward. They want
the Texas Legislature to pass a law that will allow them to charge process servers for their cushy
government offices, secretaries and personal travel expenses. When their own evidence does
not stack up, their blind ambitions take the lead; and common sense and fairness take the back
seat. The Legislature keeps turning them down and the PSRB continues its fishing expeditions
and witch hunts.
According to Mr. Eades, he did nothing wrong and he wants his certification back. Mr. Eades is
in poor health and the PSRB's total evisceration of his career was no help. He is currently
recuperating from a serious condition that was only antagonized by the PSRB's actions.
It should not be forgotten that even process servers are citizens of Texas too. I find it very
concerning that the PSRB is more dangerous to the citizens of Texas than is the occupation
they presume to provide oversight. By their own demonstrations, it is the PSRB that is in need
of training and oversight and discipline!
Story by:
Tod E. Pendergrass
Editor, Texas Process Watch