County Attorney Dee Hobbs
Judge John Dietz presided over a second hearing Tuesday in the 425th court to determine whether a civil suit to remove District Attorney Jana Duty from office will move forward.
On July 19, the first hearing ended quickly with the judge ruling for the Defense motion to abate proceedings until County Attorney Dee Hobbs is made a party to the suit. According to defense’s motion, citizen petitioners may file the suit, but the case may not proceed without a state official attached because the defendant is also an elected state official.
The plaintiff and the County Attorney’s office argued that Texas Code provides no basis for the County Attorney to join or intervene in the suit until the citation to appear is issued by the Judge. According to Hobbs, it is at the judge’s discretion to review the facts and determine whether the citation for Duty to appear will be issued. Only then can he legally join the suit.
Judge Dietz, having reviewed case law presented by both sides, decided to abate the case until Hobbs appears.
At the second hearing, which Mr. Hobbs did not attend, Judge Dietz again confirmed that the suit will not proceed until or unless a state official is a party to the suit, thus providing him jurisdiction to preside.
The County Attorney, represented by staff, reconfirmed that the Texas Code Sec 87.016 states “action may not be taken on the petition until the order is granted and entered in the minutes of the court.”
Mr. Hobbs, in a statement to the media affirmed emphatically that he believes the judge’s decision is incorrect and if the court will proceed according to the law, issue a citation based on whether the level of misconduct on the part of the District Attorney reaches the threshold to remove an elected state official, his office stands ready to join the suit and prosecute the matter.
“The judge has everything he needs to issue a citation. Every time the Court sets a hearing, every time he grants an order to abate, every time he makes a decision on the case, other than whether the citation should be issued or not, it is in error. I tried to rectify that with the Third Court of Appeals, but as I am not party to the case, they could not respond…I will not violate the law to get a result.”
Judge Dietz outlined the options available to Mr. Hobbs with regard to recusal, however Mr. Hobbs believes he can not be recused from a case to which he is not a party.
The plaintiff’s attorney may file a mandamus with the Court of Appeals to reverse the Judge’s ruling, otherwise the suit will not move forward.
Jana Duty’s term of office will end December 31, 2016.
