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Complaint Filed on Williamson County Attorney
Posted Monday January 17, 2011 8:19pm
to Remove Williamson County Judge Gattis
Lawyer Files Complaint on County Attorney Duty
as Removal Lawsuit Awaits Go-No Go Decision
by Ken Martin
© The Austin Bulldog
Attorney Kerry E. Russell of the Georgetown law firm Russell & Rodriguez LLP filed a criminal complaint with Williamson County District Attorney John Bradley, alleging that Williamson County Attorney Jana Duty committed a Class A misdemeanor offense through “intentional destruction of a local government record.”
“...I am requesting that you file charges and prosecute Ms. Duty for this violation,” Russell states in his January 13 letter addressed to Bradley. The record referred is a memorandum dated June 1, 2008, that Duty sent to three Williamson County Court at Law judges. A copy of that memorandum, with gaps in the text indicating that some of the content is missing, is included Attachment B to Russell’s complaint.
County Attorney Duty said Russell’s criminal complaint is without merit and was lodged as a means of retaliating against her in response to her civil lawsuit to suspend and remove Williamson County Judge Dan A. Gattis from office for alleged incompetence and official misconduct. The lawsuit alleges five instances of incompetence and official misconduct by the judge, who issued a statement indicating there has been no misconduct or violations of law. The Austin Bulldog reported on that lawsuit December 29.
The removal lawsuit is pending a decision by Judge Rick Morris of the 146th Judicial District Court of Bell County about whether to have Judge Gattis served citation. If Morris decides yes, the lawsuit will proceed. If he decides no, then the lawsuit dies and that decision may not be appealed. Information about Judge Morris was published by The Austin Bulldog January 3.
Whether Russell’s complaint was filed as retaliation for the lawsuit cannot be determined but circumstances indicate that’s possible. The Williamson County Sun reported yesterday that Gattis said he gave Russell a copy of the letter. Gattis also told the Sun there needs to be an investigation of possible misconduct by Duty, but that he is not involved and did not ask Russell to pursue it.
District Attorney Bradley told the Sun he has a duty to evaluate the complaint.
Duty thinks otherwise. She says the statute of limitations for a Class A misdemeanor—if one was actually committed—is two years. The Code of Criminal Procedure, Article 12.02(a), states “An indictment or information for any Class A or Class B misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward.” Duty’s memorandum was dated June 1, 2008, more than two and a half years ago.
“Bradley should have said he looked at the complaint and said there’s nothing he can do because the statute of limitations has run,” Duty says.
Alleged offense complicated
Brian Rodgers for Council?
Posted Wednesday January 12, 2011 2:39pm
Mulling Run for Austin City Council
Would File Against Incumbent
County Member Randi Shade
by Ken Martin
© The Austin Bulldog 2010
Brian Rodgers has long been critical of the way the City of Austin manages taxpayers’ money. He has agitated for changes on a wide range of issues, including equity in property taxes, limiting campaign contributions, and repealing tax subsidies for high-end retail development.
Now he’s deciding whether he should run for a seat on the Austin City Council, where he would have a far greater ability to influence city policies and spending.
He’s especially eager to find ways to quit subsidizing growth that he contends does not pay for itself. That’s a theme that’s been running for years on the website of an organization he co-founded in December 2008, ChangeAustin. There’s even a Voter Pledge form on the website, that says, “I plan to vote for candidates in the May 2011 Austin City Council election who will fight to make Austin’s growth pay for itself and to halt the long-standing practice of special interests (large-scale developers and land speculators in particular) off-loading their costs onto current residents. Enough already.”
If he runs, Rodgers says he will oppose Council Member Randi Shade, who is seeking her second term. She hosted her campaign kickoff at Mercury Hall last night and drew an energized crowd. Her campaign website lists more than 150 supporters. Campaign finance reports are not due until January 15. Shade carried over $2,105 from previous reports.
In telephone interviews Rodgers said he’s undecided whether to seek election—mainly because he’s not sure he can run his real estate business and serve on the council at the same time.
The filing period for this election opens February 12 and closes March 14. The election is May 14.
“I’m still mulling it,” he says.
“The cost of living is killing us,” he says. “I think Randi Shade is tone-deaf to what regular citizens are facing.”
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