Dallas County Justice of the Peace Margaret O’Brien
Lone Star Project rarely weighs in on contested Democratic Primary races. The exceptions fall into two categories – 1) the Democratic Primary winner is determinative as to whether the office can be captured or retained by a Democrat; or 2) election or retention of a Democratic candidate will impose or continue to impose harm on the citizens they will serve.
The Democratic Primary in Dallas County Justice of the Peace Precinct 2-1 falls clearly within the second category. Sitting Justice of the Peace Margaret O’Brien has profoundly failed in her administration of justice to residents facing the threat of eviction.
Eviction Hearings are Central to the Work of a Justice of the Peace
Deciding the merits of eviction cases is a primary responsibility of Justices of the Peace in Texas. The power to determine whether or not a family is removed from their home is a grave responsibility. JPs must ensure that eviction demands are backed by facts, supported by the law, and administered fairly.
JP O’Brien’s disproportionately high percentage of rulings against tenants and in favor of landlords is doing real damage – not just to individuals and families facing eviction but to the larger Dallas County population, which must shoulder the burden of assisting those who unlawfully become homeless as a result.
O’Brien Has a Higher Eviction Rate Than Any Other JP in Dallas County
Even when tenants have a lawyer, nearly 6 of 10 filings by landlords to force removal of individuals and families from their homes are approved by JP O’Brien – a significantly higher rate than other Justices of the Peace in Dallas. This indicates judicial bias, which forces many families out of their homes when the law says they shouldn’t be evicted.
O’Brien’s Court Forged an Official Document to Cover Up the Eviction of a Family During the COVID Epidemic
The facts behind JP O’Brien’s eviction of a tenant and her children in 2022 alone are grounds for Democratic Primary voters to reject her. Here are the facts as reported by WFAA in DFW:
- On July 27, 2022 – while families were still struggling through COVID restrictions – JP O’Brien ordered the eviction of the tenant.
- O’Brien ordered a default judgement against the tenant because of her failure to appear in Court.
- Advocates of the tenant claimed that she had never received court notice of the hearing date, and that she was in the hospital giving birth to a son.
- When those advocates asked to see the notice sent by O’Brien’s court to the tenant, O’Brien’s chief clerk provided a copy of a notice, which according to a whistleblower and depositions of the court’s own clerks was forged to hide the fact that an actual notice was never sent to the tenant.
- Despite the obvious questions surrounding the notice, O’Brien stood behind her eviction of the tenant and her children. She failed to fully investigate the facts or conduct a formal internal investigation of any kind.
- Five months later, a Dallas County Grand Jury indicted JP O’Brien’s clerk for forging the notice that the tenant honestly and correctly claimed she never received.
- While the forgery charge was eventually dropped after the case changed hands through multiple prosecutors, it was NEVER established that the document was anything other than a forgery.
- O’Brien remained defiant, denying any responsibility for wrongdoing or offering apology to the injustice served to the tenant’s family.
O’Brien Fails Families
Losing a home devastates a family and can do long-term damage – especially to children. While Justice of Peace offices are low profile, they are not low impact. Those holding these important offices must have the judgement and character to ensure the facts of each case are properly heard and to provide every ounce of justice to families in trauma while balancing the rights of property owners. Dallas County Justice of Peace Margaret O’Brien has failed this fundamental test.
