State Commission on Judicial Conduct PO Box 12265 Austin, TX 78711-2265 Tel. (512) 463-5533 - Toll Free: (877) 228-5750 Complaint Form ore?h?ng a complaint about more than please use a separate form for each judge. - You may complete on/ine before printing. Send the comp/eted form and any additional pages or related documents to SCJC. Indicates required ?elds. Please note that faxed complaints will NUT be accepted. *Your name: Samuel T. Grover, Esq. *Judge: Wayne L. Mack *Mailing Address: PO. Box 750 *Court Number: JP Precinct 1 ?City, State Zip: Madison, WI 53701 ?"City and County: Montgomery, TX Montgomery County *?Date ofBirth: 11/08/1985 Your Phones: Day 603 256?8900 Evening Cell/Other Best time to call you: 9AM - 5PM DANL If your complaint involves a court case, please provide the following information: Cause Number: Status of your case: Pending 1:1 Concluded 1:1 On appeal Your attorney: Opposing Attorney: Address: Address: City/Zip: City/Zip: Phone Number(s): Phone Number(s): PLEASE FILL IN ALL INFORMATION AVAILABLE FOR ANY WITNESSES (attach additional pages as needed) Name: Name: Address: Address: Phone Number(s): Phone Number(s): What did this person witness? What did this person witness? If you are submitting documents, please provide copies, not originals. I understand that as part of the Commission's investigation the judge may be provided a copy of this corttp/aiht. Please note - the Conn?nission will do its best to maintain your con?dentiality, if you so request. However, it may not be possible for us to pursue our investigation without revealing your identity at some point. If it is necessary to reveal your identity directly to the judge, we will advise you before proceeding. request that my identity be kept Con?dential- Yes El N0 Signature: ?irDate: 1 i 4 How did you hear about the State Commission on udieial Conduct? (please se/eot one) State Bar of Texas El Another State agency News media 13 Anomey :1 Friend 121 Other: W313 533F011 Revised 07/13/2009 Details of Complaint Please type or print the factual details of your complaint in the Space provided below. Please include the date(s) of the alleged misconduct. If more space is needed, attach additional sheets. Please sign and date each additional sheet. Your complaint should be as speci?c as possible, PLEASE DO NOT CITE CASE LAW IN YOUR COMPLAINT. *?Date(s) ofAlleged Misconduct ofJudge: August 2014 present *Factual Details of your complaint against Judge: In August, 2014 Judge Wayne L. Mack?Justice of the Peace, Precinct 1, Montgomery, Texas?opened a court session with a bible reading lead by a pastor, followed by a Christian prayer. It is believed that Judge Mack regularly opens sessions with similar religious rituals. I am writing on behalfofthe Freedom From Religion Foundation (FFRF), a national nonprofit organization. A local Montgomery County resident who had business before Judge Mack contacted us after witnessing this religious ritual. I have enclosed a copy ofthe original email sent to FFRF by the local resident, describing the situation in full, with redactions as requested by the resident, who wishes to remain anonymous (enclosure The essential details as reported to FFRF are that Judge Mack began the day?s court session with the statement, ?We are going to say a prayer. If any of you are offended by that you can leave into the hallway and your case will not be affected.? After that announcement, we understand that he introduced a pastor who read from the bible for more than five minutes. While the pastor was reading, our complainant says, felt that the Judge was watching for reactions from the courtroom; bowed heads, indifference, etc. I definitely felt that our cases would be affected by our reactions [to the bible reading].? Our complainant further says, ?Once the Bible reading was over we were then asked to bow our heads to pray. I was very uncomfortable and certainly felt that I was being coerced into following this ritual and that the outcome of my case depended upon my body language.? Our complainant?s email further reveals how the complainant?s experience of the court proceeding that followed was tainted by the opening prayer and general demeanor of Judge Mack. Upon receiving this information, FFRF sent a letter of complaint to Judge Mack on September 18, 2014. A copy of that letter is enclosed We explained to Judge Mack that as a Justice of the Peace it was inappropriate and illegal for him to use his power and prestige to advance his personal, private religious views. As of today, October 17, 2014, FFRF has not received a reaponse to our letter. We understand that on October 10, 2014, Judge Mack sent a mass email addressed ?Dear Pastors People of Faith,? in which he indicates that he will address letter at his October 23rd Prayer Breakfast. A version of that email?s contents is enclosed and a copy ofthe original can be found at wxmv.scribd.com/doc/243 151 IZZ/Eagle-Forum- Mack-Letter. In the email, Judge Mack doubles down on his commitment to endorsing religion while acting in his of?cial capacity. The email strongly indicates that Judge Mack will not end his prayer practice and will seek to further entangle his personal religious beliefs with his judicial office. He has demonstrated indifference for how his actions undermine public con?dence in his impartiality. Name: Samuel T. Grover, Esg. 4/ *Signature: 4m ,m ?Date: 10/17/2014 Revised 07/13/2009 Enclosure #1 lO/l7/ZdlI?l Email from complainant to FFRF sent in August 2014 Description: While in the courtroom of our newly elected Justice Of The Peace i witnessed an obvious CIS violation. Our new JP, Wayne Mack, Montgomery County, Texas Precinct ?1 JP, announced that all present in the court should remain standing after rising for his entrance. He then stated "We are going to say a prayer. if any of you are offended by that you can leave into the hallway and your case will not be affected." Following this announcement he instructed us to remain standing while he discussed his new program that he was very proud of in which his court now has 50 Chaplains "on staff". (l don't know ifthat means that they are paid.) who alternate showing up at accident scenes and other incidents where the JP is involved to "pray with the families and offer guidance in times oftragedy." He then spent a few minutes introducing "today's visiting pastor", discussing his credentials, announcing which Church he was from and where it was located. The pastor then stood and announced that he was going to read from the Bible. He read a Bible passage (about 5?8 min) and while he was reading it, I felt that the Judge was watching for reactions from the courtroom; bowed heads, indifference etc. I de?nitely felt that our cases were to be affected by our reactions or lack of. i know I was not alone. Once the Bible reading was over we were then asked to bow our heads to pray. was very uncomfortable and certainly felt that was being coerced into following this ritual and that the outcome of my case depended upon my body language. I was in court for a and my attorney (also a non religious person) had already made a deal with the ADA for a fine, which I reluctantly agreed to . Although I did not leave as instructed "ifl was offended", no one in their right mind would have, i did not bow my head for prayer and instead watched the JP, who also did not bow his head, scan the courtroom, it is my feeling that he was watching for reactions. Afterwards, he instructed us all to, again, remain standing, while we recited both the Pied Of Alle lance, and the Texas Pledge, both including the statements "Under God". . When he called us up he immediately said only have one problem with this." while scratching out the agreed upon fine and writing in [a higher fine]. I have very little doubt that my apathy for the religious process in court had very much to do with this. I decided to on with a 'ur trial. (the 'ur was resent in the courtroom the entire ra er session as well. . [Subsequently, the original ?ne amount was agreed to.] I am not sure if all this is relevant concerned I was not only forced into a religious ceremony in court, I felt that was singled out and the outcome of my case depended on my participation in the religious ceremony. I don't know if it matters or not but the JP most certainly had an attitude of know this is against the law and that it's a constitutional violation but that's just too bad. If ou don?t like it ou can leave cause l'm the boss and I hold our future in hands." hoe that this is somethin that our oranization is interested in pursuing, Thank for your time. Enclose/Lit fir?? (-1) lo/I7/2mq FREEDOM FROM RELIGION foundation Box 750 MADISON. 53701 ((308) 256-8900 P. . September 18. 2014 SENT VIA U.S. MAIL AND FAX: (936) 788-8379 Judge Wayne L. Mack Justice of the Peace, Precinct 1 19380 Highway l05 West. Ste 507 Montgomery, Texas 77356 Re: Prayer during open court Dear Judge Mack: I am writing on behalfofthe Freedom From Religion Foundation (FFRF) to alert you to a constitutional violation that occurred in your courtroom. FFRF is a national nonpro?t organization with more than 21,000 members across the country, including over 900 members in Texas. Our purpose is to protect the constitutional principle ofseparation between state and church. We understand that in August you opened one ofyour court sessions with a Christian prayer. We believe that this is a regular practice in your courtroom. A concerned Montgomery County resident who had business before you contacted us to report that after you entered the courtroom you stated, ?We are going to say a prayer. Ifany ofyou are offended by that you can leave into the hallway and your case will not be affected." After that announcement, we understand that you introduced a pastor who read from the bible for more than ?ve minutes. While the pastor was reading, our complainant says, felt that the Judge was watching for reactions from the courtroom; bowed heads, indifference, etc. de?nitely felt that our cases would be affected by our reactions [to the bible reading)" Our complainant further says, ?Once the Bible reading was over we were then asked to bow our heads to pray. I was very uncomfortable and certainly felt that was being coerced into following this ritual and that the outcome of my case depended upon my body language." We write to ask that you end payers at future court sessions. It is a fundamental principle of Establishment Clausejurisprudence that the government may not in any way promote, advance. or otherwise endorse religion. See McCr'eazji County. Ky. v. Am. i'w'l Liberties Union Qny.. 545 U.S. 844, 860 (2005) (quoting Epperson v. Arkansas. 393 U.S. 97, 104 (i968); Everson v. Bd. ofEduc. ofEiw'ng, 330 U.S. l, 6 (1947); Witt/loco v. Jo?i-ee. 472 U.S. 38, 53 (1985)). Moreover, ?the preservation and transmission of religious beliefs and worship is a responsibility and a choice committed to the private sphere.? Santa Fe Indep. Sch. Dist. v. Doe, 530 U.S. 290, 310 (2000) (quoting Lee v1 Weismrm, 505 U.S. 577. 589 (1992)). At least one federal court has speci?cally held that a statejudge?s practice ofopening court proceedings with prayer violates the Establishment Clause. N.C. Civil Liberties Union Legal Found. it. 947 F.2d 1145, 153 (4th Cir. 1991). The Christian prayer delivered in Dan Barker and Annie Laurie Gaylor, Cit-President; tn (,loSearc?, til5 2 10/: 7/2014 your courtroom was given during business hours on courthouse property. and you announced this prayer while acting in your of?cial capacity as a Justice ofthe Peace. Therefore, it would appear to any reasonable observer that the Montgomery Countyjudicial system was endorsing religion in general. and Christianity in particular. This is exactly the type of government endorsement that is prohibited by our Constitution. Please note that we are not claiming that you are actually biased against those who choose not to participate in your courtroom prayers. The quotes from our complainant included above are meant to demonstrate that the prayer practice creates the appearance ofbias within your courtroom. Under the Texas Code ofJudicial Conduct, Canon 2. A., judge shall comply with the law and should act at all times in a manner that promotes public con?dence in the integrity and impartiality ofthejudiciary." Your courtroom prayer practice does not promote public con?dence or create the appearance of impartiality. Citizens are compelled to come before you on a variety oflegai matters. Opening your court sessions with prayer sends a message to non-Christians that they are that they ?are outsiders. not full members ofthe political community and accompanying message to adherents that they are insiders, favored members ofthe political community.? v. Donnelbt, 465 U.S. 668, 688 (1984) (O?Connor, J., concurring). While acting as a Montgomery County Justice of the Peace. you must refrain from lending your power and prestige to Christianity, amounting to a governmental endorsement that excludes the 19% ofthe American population that is nonreligious.I lnevitably. most government prayers are Christian. but this does not mean that they are inclusive ofall Christians. Many Christians recognize that Jesus condemned public prayer as hypocrisy. See Cansrangv. 947 F.2d at 1152 placing its imprimatur on the particular kind ol?beliefembodied in any prayer, the state necessarily offends the sensibilities not only ofnonbelievers but of devout believers among the citizenry who regard prayer ?as a necessarily private experience?). During the Sermon on the Mount, Jesus discourages public prayer: ?And when you pray, do not be like the hypocrites, for they love to pray standing in the synagogues and on the street corners to be seen by others. . . . When you pray, go into your room. close the door and pray to your Father who is unseen." Matthew 6:5-6. Any public prayer practice violates this biblical mandate and will offend those Christians who observe it. We request that you immediately end the practice ofopening court sessions with prayer. Please reply in writing indicating the steps you are taking to avoid future violations ofthe Constitution so that we may inform our complainant. Sincerely, Sam Grover Staff Attorney ?Noncs on the Rise: One-in-Five Adults Have No Religious Af?liation.? Pew Research Center. The Pew Forum on Religion :51: Public Life {October 9. 2012). available at {Inclosw?a 10/17/2qu I need your help to take a October 10,2014 Dear Pastors People of Faith, I need you to call on your congregation to stand with us and our Chaplaincy Program on October 23rd. Since we started our Graplaincy Program and prayer in the opening ceremonies of our Court, we have come under national and local atlad< from those that believe that God Faith has no place in public lives and service. Among them I have been put on notice by thestaffatiorneyforthe Heedoml-?mmRelIng-?ourxiabmrh Madison Wmh. Iwill be addressing their demand that we "immediately end the practice of court prayer" at the Oct 23rd Prayer Breakfast I am not seeking the potential controverw, as I will have to respond to these groups as well. We are on strong moral and legal ground. Iwant to make a statement to show those that feel what we are doing is unacceptable, that not only is it acceptable to our community, but show them that God has a place in all aspects of our lives and public service, during times of tragedy and con?ict, when we as a community need to bring peace to the storm. That it is re?ected in how we as a community respond and treat eadr other during these times of tragedy . I have a strong belief that we are doing the right thing for the right reasons. A strong showing from you &your members will help establish that we are operating in the community interest, and in the interest of those that we serve. I am asking thatyou invite your members and committo come. We will get you the tid