AUSTIN (CN) – The Texas Supreme Court illegally created the Texas Process Service Review Board, “an unaccountable and lawless regulatory ‘agency’ created out of whole cloth,” according to a federal complaint by The Certified Civil Process Servers Association of Texas. The plaintiff objects to the defendants’ investigating complaints against process servers, denying them certification, revoking their certification, and otherwise acting against its members.
The Association claims the Board “routinely exceeds the bounds of authority purportedly granted by the Supreme Court, ignores due process, issues subpoenas without authority, and has even exposed a confidential federal informant in open meeting, and posted the identity of that informant in its minutes, maintained on its Web site.”
It claims, “The Supreme Court of Texas, in violation of the Texas Constitution, and in defiance of the clearly and multiply expressed will of the Texas Legislature, has created, on its own, and with no authority whatsoever, a regulatory board of its very own. Creation of regulatory boards is a legislative act, and that power, and all other legislative power, is expressly reserved to the Texas Legislature by Article II, Section I of the Texas Constitution.”
The Association is represented by David Rogers with the Texas Legal Foundation.