Breaking News: "Wilco 5" Announces Why They Hired Criminal Defense Lawyer
County Judge Dan Gattis made a blatant misstatement in commissioners court on Tuesday (September 13, 2011) regarding the county's role in the Jana Duty “grievances” case.
As part of the process of hiring Randy Leavitt, a board certified criminal defense attorney, to represent the “county” and not the members of commissioners court individually, Gattis stated, then repeated for emphasis, then re-emphasized his point [or, as he said, to “re-estate”(sic)] that the “lawsuit” against Duty was filed by the Texas State Bar and not the county, clearly trying to convey the impression that the county had nothing to do with it.
The fact of the matter is that members of commissioners court had everything to do with it. They filed 24 grievances with the State Bar against Duty, and after Duty responded, all but six were immediately dismissed. Duty then had the choice of either a closed hearing or a public trial to deal with the few, remaining grievances.
The content of those grievances primarily involve Duty's efforts to address the apparently unauthorized hiring of an attorney (Mike Davis) by the county to represent former County-court-at-law Judge Don Higginbotham, who faced sexual harassment complaints. Davis billed the county $7,665.00 and Gattis' office approved the payment to Davis, but when the scheme was uncovered, Davis agreed to “work off” the amount he received in his future county contracts, another improper if not illegal act by Gattis.
Duty then filed a lawsuit to remove Gattis from office, but he was not removed by a visiting Bell County judge who cited the “forgiveness doctrine”, namely that Gattis actions occurred during a prior term and thus he couldn't legally be held liable. Gattis' defense was not that he didn't do it but rather than he was entitled to “forgiveness” under the law, a mere technicality.
Gattis made a public statement to the effect that he believed the pending State Bar case should be handled through a private hearing, suggesting that depositions or cross-examination of members of commissioners court might turn up information which would be embarrassing to that group if made public. Duty, however, chose a public trial, and because she did, the only way the case could proceed was for the State Bar to file a lawsuit based on those remaining grievances to get a district court venue.
But make no mistake about it: the State Bar filed the lawsuit precisely because the Williamson County commissioners court initially filed those grievances against Duty with the State Bar in which many now view as political retaliation.
A key question either Gattis (or Leavitt, who now is the county's $300-per-hour spokesperson on this matter) should now answer moves to the top of the list. If, as Gattis claims, the county has nothing to do with this case, then why do the county and members of commissioners court need a criminal defense lawyer? Are they afraid that criminal acts may have been committed? Are they afraid they might go to jail?
And, if the “county” has nothing to do with this case, as Gattis says, by what legal authority is the county treasury being tapped to pay Leavitt? What “discretionary authority” causes this action to be legal? Why are the taxpayers funding a private, board certified criminal attorney?
In the absence of an answer from Gattis or Leavitt, the only conclusion that can be drawn is that these five commissioners court members need a criminal defense lawyer to sit with them through these depositions and try to provide some cover. And those depositions are imminent. Keep in mind, depositions are made under oath and those being deposed are subject to penalties of perjury.
Tapping county funds to hire Leavitt raises another compelling question. Duty is also the “county”. In a case recently decided by the Texas Third Court of Appeals involving Duty's complaint that county commissioners illegally disappropriated money from her office, the Appeals Court said that Duty is the “county” and must abide by the commissioners court's budget decision. As part of the “county”, is Leavitt actually representing Duty as well as commissioners court since both entities are the “county”?
The manner in which members of commissioners court and their in-house attorney, Hal Hawes, are handling this matter raises serious concerns about professionalism and the dignity of the court. In the audio clip from the commissioners court meeting on Tuesday, September 13 (click this link to hear the audio), as they go into executive session and then come out of executive session, some interesting comments are heard.
In deciding who should go into executive session first, Commissioner Cynthia Long says, “We have two attorneys on the clock,” and Hawes then whispers a similar comment to Gattis. And then, Gattis jokes about getting the most expensive attorney into the session first. As bodies start to move around to go into executive session, Gattis jokes with Hawes about getting permission to approach “the bench”.
While sounding like merely some junior-high-school levity, the exchanges sound more like clumsy efforts at humor to overcome the anxiety related to some upcoming, difficult depositions. There are careers at stake and the lack of professionalism speaks volumes.
In affirming his delight at hiring the $300-per-hour Leavitt, Gattis remarks that he has never met Leavitt, even though Leavitt technically was hired several weeks ago. Why would Gattis agree to hire an attorney that he had never met, and even more strange, why would he admit to that? As you recall in Sundays post, the timeline in which Leavitt was hired raises serious questions about violations of open meetings. Someone met with him prior to him being retained on June 28, 2011 authorizing his retention based on his June 24, 2011 letter of retention.
A Letter to the Editor from Joe Deffenbaugh in Liberty Hill, which was published on December 10, 2010 in the Wilco Sun, turned out to be truly prophetic and ironic in light of the most recent turn of events. After stating his disgust with commissioners court over the Higginbotham matter as well as other questionable acts by the commissioners and county judge.
Deffenbaugh wrote:
"With the past few months our county government leadership, or should I say lack of leadership has faced the following summarized news stories. Jana Duty tries to find answers, Judge Higginbotham is now in the middle of a federal complaint of employment misconduct and complaints to the Commissioners Court in January fall on deaf ears as Judge Gattis says 'Judge Higginbotham is a good friend allow me to intervene'. Another lawsuit surfacing this week where three paramedics and soon to be class action lawsuit is filed due to an archaic payroll practices disallowing overtime. Good grief, who is running this rodeo? At the top of the food chain are the county Judge and Commissioners. Judge Gattis' background is rodeo management and he is operating this county like a clown rodeo. If this keeps up this will turn into a prison rodeo.”
Those who don't believe that only need to look at the fact that these members of commissioners court want a criminal defense attorney at the table with them as these depositions and this public trial roll around.
We have received many emails over the past few days asking us “what is the grievance about, what is the removal suit about, what happened here, what happened there, why wasn‘t someone arrested for the improper billing”. To answer those questions, we will be publishing a multi post series beginning tomorrow. It will detail exactly how we got to where we are now, from the beginning. This series will be informative, detailed and leave no questions unanswered.
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Categories: uncategorized
Tags: Randy Leavitt Wilco 5 Dan Gattis Hal Hawes
Just when you think this bunch can't do another backroom deal. ON MY TAXDIME! Are you KIDDING ME?
This is VERY obvious they are VERY worried about depositions and what will come out.
Joe D. called. Prison rodeo, here we come!
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They audio clip DISGUSTS me! Who does Gattis think he is? A real Judge? "ask for permission to approach the bench"?
It's nice they they think this is such a joke.
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Why didn't they have Hawes represent them on this? He wants to be County Attorney so bad. Oh wait, he has zero criminal law experience. Hal, I used to think you were a pretty nice guy. Now you're just one of them.
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But, he has that nice fat pay raise he just got to the tune of over 10,000.00 while everyone else got not much of anything. Talk about payola to look the other way. They just laid off employees here but he gets a fat raise. Explain that one!
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Watchdog you rock! You called it!
Apparent;y they are scared to death of what will come out. Now questions must be answered. No forgiveness doctrine to hide behind now.
But how is it legal to hire a criminal lawyer on tax payer funds?
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This is an outrage. A complete lack of regard for the law and waste of public funds. This is not right.
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What a bunch of clowns. This is a disgrace. A total disgrace. They really think they are above the law and untouchable. I think they are about to find out different.
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I thought Valerie Covey had more ethics than this. I voted for her in 2008. She has really disappointed me with this kind of behavior. I am seriously second guessing the choice I made. I am very disappointed. We all know Gattis is a crook but I had more faith in Valerie.
And thank you Wilco Watchdog. I am spreading the word.
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Oh the tangeled webs we weave when we think we are off mic and the recorder is off. What a zoo. "Your honor may I approach?" Hawes can you please remove your lips from Gattis' backside?
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Me thinks thou dost protest too much. "Lemme re-estate"? uh...what?
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Such great legal advice they are getting. Great job Hawes. You have my vote for County Attorney. NOT!
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I live out here in Sun City and I can tell you one thing, we are all talking about this mess. Starbucks is a buzzin.
This website is very good. That Andrew kid at the Sun paper is really bad covering this and we are sick of this being covered up in the paper.
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I bet Randy Leavitt is preparing bail vouchers for the Wilco 5 as we speak.
Bail 3 get 2 free.
WW, looking forward to the mini series starting tomorrow. Doing a great job! Keep it up!
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I thought hillbillies are only supposed to be found in Arkansas, Missouri and similar places. Someone should produce a TV show about the WilCo Hillbillies.
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"Good grief, who is running this rodeo? At the top of the food chain are the county Judge and Commissioners. Judge Gattis' background is rodeo management and he is operating this county like a clown rodeo. If this keeps up this will turn into a prison rodeo.”
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I know i am about the 50th person to ask this. But how is it legal and why do I have to pay for a criminal lawyer for things they may or may not have done? Seems fishy.
And to top it off, don't people who are being deposed act as "witnesses"? When does a "witness" need a criminal defense attorney present during questioning? Sounds like someones lies are about to unravel and they know it. It looks like jail is in store for someone. Question is, which one will roll on the other and avoid being an accessory and go to the Wilco Hilton.
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You read my mind. Why would they need to hire a high priced board certified criminal defense attorney with a reputation as good as Leavitts if they have done nothing wrong?
Thanks for wasting my tax dollars Valerie. You just lost a vote in March. I am disgusted with you. I thought you were an honest person and a reformist who wouldn't stand with the good ole boys. I was apparently incorrect.
I am new to the site and think you are doing an outstanding job. Many of us in Sun City were a bit confused about what is really going on. Not anymore.
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Why would an innocent person need a lawyer? If you have nothing to hide or have done nothing wrong, you have nothing to worry about.
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I still think they need to be investigated and charged for violating open meetings rules. They clearly violated that statute when they hired Leavitt and who knows what else. That is clear cut and a lay down case.
But you guys are correct. A deposition for a civil proceeding that THEY (the WCCC) initiated should have absolutely no need for the presence of legal representation (from a criminal defense attorney at that). The State Bar is the petitioner in the civil proceeding. They are now handling the case. Duty is the respondent. SHE is the one who needs an attorney. But not a criminal attorney since this is a criminal proceeding and she is not being accused of anything criminal. For the WCCC to hire a criminal defense attorney, especially the caliber of Leavitt is mind boggling. But given the circumstances surrounding the issues why this grievance was filed, there is no doubt in my mind why they have "lawyered up". Oddly, the WCCC brought this upon themselves by filing the complaint in the first place. I agree this complaint against Duty is nothing but political retribution. I have read it and conclude there is no merit to the remaining six complaints. The WCCommissioners have made their bed. Now they can sleep in it. But I suspect they won't be getting much sleep.
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I agree with Legal Minds, in that they should be prosecuted as soon as possible. There should be no excuse for them hiding behind a 'forgiveness doctrine' this time, and continuing to mismicromanage the county.
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I want a free laywer on retainer. Crooks.
"Sun City Resident" said in a comment last night it was a "fact" they control elections. I sure hope they are watching this site. I would hate to think that "block vote" is carrying corruption and not even realizing it.
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Recall anyone? Has anyone started talking about what it would take to do a recall of the members of the WCCC? If we wait until elections, you only get out a few at a time, and then they go scot-free. This court has been flaunting the law for many years now, from walking quorums to pseudo-executive sessions to contracts being signed before being discussed and voted on in public to the crony-ism that runs from the WCCC to their "friends" in other political offices in Wilco.
It's time to take back local government, and take it out of the hands of those that feel WE should be honored to have them represent US, rather than know that THEY work for and represent US, the people.
I don't care if you are Democrat, Republican, Liberterian, Sun City, Round Rock, Leander, Cedar Park, or whatever. Bad government behavior traverses all of the above, and we should, collectively, work together to get rid of ANYONE who fails to uphold ethical principles and legal practices. Let's work together to start cleaning our own house and show that local government CAN work for the community rather than for developers, road-builders, and other deep pocket lobbyists and special interest groups.
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Thank You. Can I use this in campaign material? Perfectly written....
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