"Why I am running," by Barbie Scharf-Zeldes

Barbie Scharf-Zeldes (photo)
Candidate for Probate Court #2












Over the last few months, you have become familiar with me and my campaign for Probate Court No. 2. Now, it is time to learn why I am running.

I am running because of a little boy. This boy was 6 ½ years old when I met him. His mother was supposed to be home schooling him, but, being an alcoholic, spent most of her days sleeping, leaving this little boy to fend for himself.

He came from another state to live in San Antonio with his grandfather. When he arrived, he did not have the fine motor skills to open a pudding cup and did not know how to play with other children – he did not know what it was to have a friend.His grandfather was concerned about his development and applied to the Probate Court to become the child’s guardian.

He asked the court if he could be appointed to make medical and educational decisions for his grandson. When the application was filed, it was placed in Probate Court No. 2, the Court of my opponent and the Court for which I am a candidate. My opponent appointed me to serve as the child’s attorney.

A hearing was held regarding the appointment of the grandfather and a temporary guardianship was granted. Near the date of the hearing, the mother filed for divorce in the other state. Suddenly, there was a problem. Who was in charge of this child? The state where the divorce was filed or Texas, the state of the guardianship?

The other Texas attorneys and I went to my opponent to confirm that Texas retained control over the case. The first thing out of Judge Rickhoff’s mouth was that he did not want a family case in his Court.

He believed that the case should be in District Court. I pointed out to the Judge that not only did the Probate Code give him control of the case, but the Family Code also provided control through guardianship proceedings. He stated that he believed the Probate Code was incorrect (he even confirmed that viewpoint before the San Antonio Express-News editorial board when he stated that he felt the law should be different).

I reemphasized the code provisions that he was required to follow and I pointed out that the child was doing very well and if he sent the case to the district court, Texas would lose control over the child and we would have no way of ensuring his safety. Reluctantly, he agreed to render the proper orders.

However, it was at that moment that I realized we needed to make a change in Probate Court No. 2. Judge Rickhoff’s comments that day were indicative of all problems that the Probate and Guardianship attorneys had been having with him since he took office in 2002.

It was time that someone stood up and demanded a change. The citizens of this county deserve a competent judge who wants to follow the law. You do not want a judge who believes he can legislate from the bench.

More importantly, you need a judge that will work for families. Every child and every adult has the right to the protection of the laws of this state and you deserve a judge who wants to provide that protection.

That is why this election is so important to the families of Bexar County. Please remember to exercise your precious right to vote during early voting (October 23 – November 3) or on Election Day (November 7). Your vote and your voice can make the difference.

Help spread the word of my campaign by forwarding this email to all of your friends and relatives and get involved. Sign up to be a block walker or poll worker. Make a contribution at www.voteforbarbie.com .

Tell Bexar County that it is time to make a change in the one court that will touch all of us. Let’s restore competence in Probate Court No. 2 and provide protection for all of our families.