On Tuesday, October 22, 2024, The Texas Tribune reported that Justice John Devine of the Texas Supreme Court is facing serious ethics concerns regarding his oversight of a trust belonging to Elvie Kingston, a 76-year-old millionaire diagnosed with dementia. Following a significant decline in her health in January 2022, Kingston was declared partially incapacitated, leading her to sign legal documents that stripped her family of the authority to make decisions about her health and finances.

Two years later, the management of Kingston’s trust remains largely under the control of Justice Devine and his wife, Nubia Devine, who serves as Kingston’s legal guardian. Justice Devine has publicly expressed that Kingston is like family to him, describing their relationship as akin to that of a mother and son. He has stated that he and his wife intervened to help Kingston during a challenging period.

However, legal experts are raising alarms about this arrangement, asserting that it violates Texas ethics rules, which prohibit judges from overseeing the trusts or estates of individuals who are not family members. Critics include Kingston’s niece, Michelle Hartman, and several of Kingston’s friends, who have voiced strong objections to the Devines’ involvement, arguing that Kingston had previously expressed distrust towards them.

In August 2022, Hartman filed a formal complaint against Justice Devine with the State Commission on Judicial Conduct, alleging that he was violating judicial ethics by managing Kingston’s trust for his own financial benefit. The commission has not publicly commented on the complaint or any related investigations.

The Devines, through their attorney, have countered these allegations, claiming that Hartman was neglecting Kingston’s welfare and that her living conditions were dangerously poor. Justice Devine’s attorney stated that he has adhered to all legal disclosure requirements pertinent to the trust.

The Texas Supreme Court issued a statement acknowledging awareness of the claims against Justice Devine but refrained from providing further details or confirming whether any exceptions allowing him to continue in his role as trustee were granted.

According to the Texas Code of Judicial Conduct, judges are prohibited from serving as trustees or guardians for individuals who are not family members unless such service does not interfere with their judicial duties. This code aims to prevent conflicts of interest and maintain public confidence in the judiciary.

Justice Devine, who is one of three Republicans on the all-Republican Texas Supreme Court, is up for reelection this year, running against Harris County District Court Judge Christine Weems. His past has been marred by ethics questions, including a 1990s sanction for hosting a political event in his chambers and a 2002 incident where he had to amend years of financial disclosures after failing to report his role as president of a real estate company.

In recent months, Devine has also faced scrutiny for missing a significant number of oral arguments while campaigning and for auctioning off tours of his chambers at a GOP fundraiser. He has been accused of failing to recuse himself from a high-profile lawsuit linked to individuals he had previously worked with.

Kingston, who played a notable role in Houston’s Republican circles, co-founded the Texas Tea Party Republican Women and was known for her conservative activism. In 2007, Kingston and her husband amended their trust to name John Devine as the sole trustee in the event of their incapacity or death, unless he was disqualified, in which case Kingston’s niece would assume that role.

Kingston’s friends have reported a marked change in her attitude towards the Devines in the years leading up to her decline, claiming that she expressed a desire to distance herself from them. They noted that she had indicated a preference for her niece to handle her affairs.

As Kingston’s health deteriorated, disputes over her care intensified, leading to accusations of neglect and exploitation from both sides. Following a severe COVID-19 infection in late 2021, Kingston’s condition worsened significantly, resulting in her relocation to a long-term care facility.

In 2022, Nubia Devine sought and was granted temporary guardianship over Kingston, subsequently applying for permanent guardianship. Despite opposition from Kingston’s guardian ad litem—who argued for a neutral third party to oversee her care—Nubia Devine was appointed as permanent guardian in September 2022.

 

 

Source: The Texas Tribune