Texas Supreme Court docket justice’s oversight of the belief of a Houston millionaire with dementia raises ethics considerations

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In January 2022, Elvie Kingston’s dementia took a flip for the more severe. The 76-year-old millionaire and longtime conservative activist was declared by a physician to be partially incapacitated, after which she signed authorized paperwork that eliminated her household’s proper to make selections about her well being and funds.

Two years later, these powers stay nearly solely within the palms of a state Supreme Court docket justice and his spouse.

Justice John Devine has mentioned Kingston is actually household. In public political appearances, he’s described their relationship as loving — like mom and son — and mentioned he and others helped rescue Kingston “from a really dire situation.”

However authorized consultants say Devine’s management of Kingston’s belief is a transparent violation of Texas ethics guidelines that prohibit judges from overseeing the belief or estates of non-family.

On the identical time, his spouse Nubia, serves as Kingston’s authorized guardian. The association provides the Devines broad management over Kingston’s private, monetary and medical selections — regardless of objections from Kingston’s niece and three of her buddies, who say she was as soon as shut with the Devines however, within the years earlier than her psychological well being declined, made it clear that she didn’t like or belief them.

“She didn’t want anything to do with them,” mentioned Dorothea Hosmer, who mentioned she has been Kingston’s shut buddy for 25 years. “So when I found out John Devine basically has control of her, I was dumbfounded.”

Devine didn’t reply to requests for remark for this story. However publicly he has shared footage of him and his household consuming meals with Kingston, dancing and touring collectively, and brushing her hair.

“My commitment to [Kingston] was (that) as long as she could enjoy life, we would protect her and keep her,” he mentioned of him and his spouse.

In August 2022, Kingston’s niece, Michelle Hartman, filed a criticism towards John Devine with the State Fee on Judicial Conduct, accusing him of flagrantly violating the judicial ethics code and utilizing her aunt’s belief for his personal monetary profit. The fee declined to touch upon the criticism or verify any associated investigation.

In courtroom filings, nevertheless, Nubia Devine accused Hartman of attempting to use her aunt’s funds. She mentioned, beneath Hartman’s watch, Kingston was residing in squalid circumstances that posed an “imminent danger” to her well being and necteessitated that Nubia Devine step in.

John Devine mentioned by an lawyer that he has totally complied with all disclosure necessities as set out within the belief and beneath Texas legislation. Nubia Devine and her lawyer didn’t reply to requests for interviews or an in depth record of questions.

A spokesperson for the Texas Supreme Court docket mentioned “the court is aware of the claims involving Justice Devine and has no comment on the matter.” The courtroom didn’t reply to a follow-up query about whether or not any exemption was granted to Devine that might permit him to proceed serving in that position.

The Texas Code of Judicial Conduct states that “a decide shall not function executor, administrator or different private consultant, trustee, guardian, lawyer the truth is or different fiduciary, aside from the property, belief or particular person of a member of the decide’s household, after which provided that such service won’t intervene with the right efficiency of judicial duties.”

Devine has for years confronted questions about his ethics as a decide. He’s one in every of three Republicans on the all-GOP Supreme Court docket who’s up for reelection this 12 months, operating towards Harris County District Court docket Decide Christine Weems.

Ethics considerations

Earlier this 12 months, Devine was confronted by a personal media agency working for his GOP main opponent about his relationship with Kingston. He denied that he was violating ethics guidelines as a result of they thought of one another household. “She’s held me out to be her son for 30 years,” he mentioned, based on a video of the change.

Authorized and judicial ethics consultants disagree. “The rules are pretty clear,” mentioned Heather Zirke, director of the Miller Becker Heart for Skilled Duty on the College of Akron College of Regulation. “A judge can serve in that capacity for their own family. But serving as a trustee or administrator for a non-family member still creates the potential for a conflict of interest and serving as a trustee or administrator for a non-family member is prohibited by the Code of Judicial Conduct.”

It’s unclear what compensation John and Nubia Devine could derive from their roles with Kingston’s affairs, however as of 2007, they weren’t listed as beneficiaries of her belief, courtroom data present. The belief dictates that if Kingston had been declared incapacitated, her care can be funded from the belief, on the discretion of the trustee. Since 2022 — the 12 months Kingston moved in with the Devines — Nubia Devine’s occupation has been listed as “caretaker” on her husband’s private monetary disclosures.

Zirke and two different authorized consultants mentioned Devine’s oversight of Kingston’s belief raises a litany of different considerations about conflicts of curiosity that they mentioned may undermine the broader credibility of the courts.

Texas’ judicial code explicitly calls for that judges keep away from even the looks of impropriety. However as a justice, consultants mentioned, Devine may find yourself ruling on circumstances that have an effect on belief legislation or the tens of hundreds of {dollars} in month-to-month oil royalties included within the belief.

“The judiciary runs on public confidence,” mentioned David J. Sachar, director of the Heart for Judicial Ethics on the Nationwide Heart for State Courts, a nonprofit that focuses on enhancing the judiciary. “Any time you have a judge in a situation where they are interacting with the legal or financial world, it makes you wonder if their title and their power force others to pull punches.”

The Kingston case marks the newest questions about John Devine’s judicial ethics courting again to his time as a Harris County district decide within the Nineties, when he was sanctioned by the State Fee on Judicial Conduct for internet hosting a marketing campaign occasion in his chambers. In 2002, Devine additionally needed to appropriate eight years of monetary disclosures after the Texas Ethics Fee discovered that he had failed to notice his place because the president of an actual property firm.

In March, he narrowly survived a Republican main wherein his opponent attacked him for, amongst different issues, lacking greater than half of oral arguments earlier than the courtroom final 12 months as he campaigned for reelection, and just lately auctioning off excursions of his chambers for a GOP fundraiser.

Earlier this 12 months, The Texas Tribune reported that Devine didn’t recuse himself from a high-profile lawsuit towards Southern Baptist chief Paul Pressler and his former legislation associate Jared Woodfill regardless of working for his or her agency on the identical time that the plaintiff within the swimsuit alleged he was molested by Pressler whereas additionally an worker of the agency.

In February, the Tribune additionally reported on leaked audio wherein Devine accused his “brainwashed” colleagues of caring extra about authorized procedures than “fidelity to the Constitution.” And in April, Devine was criticized by Democrats for a 2023 speech wherein he mentioned they’d cheat on this 12 months’s presidential election.

Devine has for many years been a fixture of Texas’ conservative Christian authorized motion. He has known as church-state separation a “myth,” as soon as fought to have the Ten Commandments posted in his courtroom and, in his 2011 bid for the Texas Supreme Court docket, claimed to have been arrested 37 instances at anti-abortion protests earlier than turning into a decide.

“Things got sour”

Kingston was for many years a staple of the Houston-area GOP. In 1993, she co-founded the Texas Tea Get together Republican Ladies, and spent 30 years guiding the group because it aimed to revive “the country to its Godly heritage” and “Judeo-Christian principles.”

Kingston was buddies for years with Devine, who was equally well-known in Harris County conservative circles for his time as a district decide and frequent candidate for elected workplace.

In 2007, based on courtroom data, Kingston and her husband amended their belief to call John Devine as the only real trustee as soon as they each died or grew to become incapacitated — until he was disqualified, wherein case the Kingstons’ niece, Hartman, would grow to be trustee. After Kingston’s demise, Hartman and her brother had been additionally set to be the primary beneficiaries of the belief, together with a neighborhood church.

Talking to the group that Kingston co-founded in 2023, John Devine mentioned he had no concept that he was named as trustee of Kingston’s belief till 2022.

Kingston’s buddies mentioned Devine’s six children known as Kingston “G-ma,” and that the Devines had been typically at her home. Kingston, who has no kids and has been a widow since 2010, appreciated the kids’s affection and felt vital for realizing a sitting Supreme Court docket justice, her buddies mentioned.

However round 2016, three of Kingston’s buddies individually instructed the Tribune that they recalled a dramatic shift in how she spoke concerning the Devines.

“Things got sour,” mentioned Mary Might, who mentioned she’s been Kingston’s shut buddy for roughly 30 years. “She was so sideways with him in the end – to the point where if I asked her about him, she’d become very agitated and holler, ‘I don’t want to talk about him. Don’t talk about him or his family – ever.’”

The opposite two buddies equally recalled Kingston expressing a mistrust of the Devines as a result of she believed they’d a historical past of monetary issues. (Court docket data present that round 2010, John Devine was sued for tens of hundreds of {dollars} in bank card debt).

“They were always asking her for things,” mentioned one other one in every of Kingston’s shut buddies and neighbors, who additionally requested to not be named for concern of retaliation. “Elvie told me they always lived beyond their means.”

Kingston felt the other about her niece, and made it clear that she anticipated her to ultimately deal with Kingston’s affairs, based on the three buddies, who had been related to the Tribune by Hartman. Hartman was beforehand Kingston’s energy of lawyer.

“She was very fond of her niece,” Hosmer mentioned of Kingston.

Paperwork offered by Hartman present that, in 2018, Kingston met along with her longtime property lawyer to draft modifications that apparently would have given full management of her will, property and belief to Hartman and Hartman’s daughter within the occasion of her demise — and supplanted Devine as successor trustee. Kingston paid the agency $3,250 for a session, however was refunded after deciding to not transfer ahead with the modifications, based on a word on the bill. Kingston’s lawyer didn’t reply to an interview request, and it’s unclear why she didn’t proceed with the plan.

Round 2019, Kingston’s buddies mentioned they began noticing indicators of her psychological decline. She’d repeat tales, weep at random, and began demanding to hold a handbag stuffed with clean checks, bank cards and wads of money — a troubling signal, her buddies mentioned, given her popularity for frugality. At Kingston’s home, Might mentioned, mail continued to pile up.

Within the months main as much as the COVID-19 pandemic, Might mentioned she started serving to Kingston arrange her mail to make issues simpler for Hartman as soon as she inevitably needed to take extra management of her aunt’s life. As they sifted by the piles, Might mentioned she’d take notes on envelopes in order that Hartman would know what to maintain and throw away.

She mentioned she nonetheless vividly remembers asking Kingston what to do with a card that the Devines despatched her in 2017. “You can burn it,” she recalled Kingston saying.

As a substitute, Might mentioned she separated it into the pile that may very well be discarded after including a word for Hartman: “Not on good terms with him.”

Kingston’s dementia severely worsened over the subsequent two years, Hartman and her buddies mentioned. Hosmer recalled one incident in 2021, after she and Kingston spoke at size on the cellphone. Minutes after they hung up, Hosmer mentioned, Kingston dialed her again to see if she’d like to speak.

“She had no clue that we’d just talked for about 45 minutes,” Hosmer mentioned.

A quick decline

As Kingston’s well being precipitously declined, an acrimonious dispute over her care performed out — full with accusations of negligence and exploitation from events on each side. Ethics consultants say that the next authorized drama exhibits exactly why judges shouldn’t be concerned in such disputes, a sentiment shared by Hartman and others who mentioned they really feel that John Devine’s standing as a sitting Supreme Court docket justice has tipped the scales in his favor.

In November 2021, Kingston contracted a extreme case of COVID-19 that required hospitalization and, ultimately, for her to be positioned in a long-term care facility, based on courtroom data. Hartman mentioned the sickness shortly sped up Kingston’s deteriorating psychological well being.

“She has psychosis very severe,” the top of long-term care facility wrote to Hartman in January 2022 whereas telling her that Kingston would wish to seek out one other residence. “She requires a lock down facility or another home that can deal with all her behaviors.”

Kingston was moved to a brand new facility quickly after, emails from Hartman present. Three weeks later, Kingston left with two buddies to get dinner. Hartman reminded one of many buddies that Kingston may solely be gone for 4 hours at a time due to her situation, based on textual content messages Hartman offered. Practically 24 hours later, Kingston had not returned to the power as Hartman begged the ladies to get her again there so she may obtain treatment, based on the textual content messages.

As a substitute, Kingston and the chums went to an lawyer, the place she signed paperwork that eliminated her niece’s energy to make authorized, medical and monetary selections on her behalf. In courtroom affidavits, the chums accused Hartman of getting “locked down” Kingston and “intentionally isolating” her in a “filthy” psychiatric ward. Additionally they alleged Kingston was bodily abused by staff there — although it’s unclear in the event that they filed any experiences with authorities. Hartman offered emails exhibiting that she was attempting to get Kingston right into a nicer residence round that point — a course of made tougher by her aunt’s documented behavioral issues, she mentioned.

A day later, the lawyer had Kingston examined through a webcam by a physician who mentioned she was “partially incapacitated” and incapable of doing many primary duties, together with managing a checking account, or bathing or utilizing the toilet with out help. However, the physician reported, Kingston was adamant about barring Hartman from dealing with her affairs, based on a duplicate of the medical examination and different courtroom data.

On the time, Nubia Devine was campaigning for a Texas Home seat. Two weeks after shedding within the March 2022 main, courtroom data present that she utilized to be Kingston’s guardian and to have nearly full management over her funds. The lawyer representing Nubia Devine is similar one who helped Kingston take away her niece’s energy over her medical and different selections weeks prior.

Nubia Devine was granted non permanent guardianship of Kingston, who was then relocated from the Houston space to the Devine’s residence in Travis County. In July 2022, Kingston was declared totally incapacitated, based on medical data that present she believed the 12 months was 1992.

Nubia Devine later utilized to be the everlasting guardian of Kingston. That request was opposed by Kingston’s guardian advert litem, an individual appointed by the courtroom to signify Kingston’s finest pursuits, and who argued that Nubia Devine was not a “suitable” candidate to be her guardian and that the courtroom ought to discover a “neutral” third get together.

In an e mail offered by Hartman, one other court-appointed lawyer instructed her that she had just lately spoke to Kingston, and mentioned that she believed Nubia Devine was “ taking very good care of her,” calling her “extremely patient.”

The lawyer additionally mentioned that she and one other particular person concerned within the guardianship case had been attempting to get John Devine to resign as trustee of the belief. “We prefer that there be a corporate trustee serving for everyone’s protection,” she wrote.

Neither the guardian advert litem, nor the courtroom appointed lawyer, responded to requests for interviews.

Nubia Devine was named Kingston’s everlasting guardian in September 2022, just a few months after John Devine was confirmed as her trustee after submitting an emergency utility with the courtroom.

Throughout his 2023 speech to the group that Kingston co-founded, John Devine confirmed photographs of Kingston and his household on journeys collectively, at eating places and different actions.

Kingston was not there for John Devine’s speech, he mentioned, as a result of “to see you all would be very difficult for her as she reflects on what she can and cannot do any longer.”

“She has taught us a lot of things about commitment and the old biblical testimony that we should be taking care of the innocent, and the widows and the orphans,” he mentioned, including that his spouse was “truly the angel” for the care she offered Kingston.

Nubia Devine mentioned in courtroom data final 12 months that Kingston was doing effectively, and sometimes attended church, live shows and political occasions with their household.

Final month, nevertheless, Nubia Devine alerted the courtroom that Kingston’s “need for physical care increased significantly, including bathing, dressing and other daily activities” and that Kingson had been moved to a facility in Williamson County in August.

The transfer was a shock to Hartman and a few of Kingston’s buddies, who say they’ve been unable to see or contact her for greater than a 12 months. The guardianship settlement provides Nubia Devine broad management over who visits Kingston.

“Nobody can reach her,” Hosmer mentioned. “I was at the hospital with her when her husband passed away. We were close friends. And for them to basically shut out me or anybody else who was a part of her life — to me, that raises red flags.”