Transcripts from Dupuy Hearings Now Available

The transcripts from the Dupuy “hearings” are now available online at the links below. Read them and decide for yourself whether justice was done.

 

Dupuy Hearing – Feb 11 part 1

http://bit.ly/XVlbi4

 

Dupuy Hearing – Feb 11 part 2

http://bit.ly/ZCNXem

 

Dupuy Hearing – Feb 12 part 1

http://bit.ly/Yq6Xba

 

Dupuy Hearing – Feb 12 part 2

http://bit.ly/VGX8a1

 

Dupuy Hearing – SBOT grievance dismissal evidence

http://bit.ly/XVloC0

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Sign our Anonymous Petition Page

Our ANONYMOUS Petition page allows you to “vote” YES OR NO if you think Judge Christopher Dupuy should be asked to resign or be removed from office.  Only statistical information is released to the public- i.e., the number of people who have “voted” or signed and whether or not they voted YES OR NO.  If you elect YES, we will collect your personal information but will only release it to the Texas State Commission on Judicial Conduct and/or Galveston County officials or others holding decision making roles in government with power to assist in his removal from office.  Your personal information will not be released by us to the public at any time.  No one will be able to see your name or information, regardless of whether you vote YES or NO, on this website.  We cannot guarantee that the Commission or the County will not release your information- however- NO information will be forwarded to anyone unless there is a sufficient number of respondents.

Click here to go to the Public Petition to Remove Judge Christopher Dupuy from Office

Galveston DA shifts judge probes to state

Galveston DA shifts judge probes to state

By Harvey Rice | February 18, 2013

GALVESTON – Investigations into the conduct of a Galveston County judge are being referred to the Texas attorney general, District Attorney Jack Roady said Monday.

Roady is asking the attorney general’s office to take over investigations into complaints against County Court-at-Law Judge Christopher Dupuy. If his office investigated, Roady said, he would have to ask Dupuy to withdraw as judge in hundreds of criminal cases pending in his court. It would be a conflict of interest for prosecutors to be investigating a judge while prosecuting cases over which the judge presides.

Dupuy’s withdrawal from so many cases would cost thousands of tax dollars to hire visiting judges to handle Dupuy’s criminal cases, Roady said.

“Judge Dupuy presides over one-third of the thousands of misdemeanor cases prosecuted by my office each year,” Roady said.

Roady also revealed that he had received more than one complaint against Dupuy meriting investigation.

“My office has received a number of complaints relating to Judge Dupuy,” he said, but he declined to say how many or reveal the nature of the complaints.

Last week Roady confirmed that he was investigating a complaint alleging abuse of official capacity after the attorney who filed the complaint made it public. Attorney Greg Enos accused Dupuy of improperly faxing legal advice to his fiancee from his chambers.

Dupuy has called the complaints against him politically motivated.

Any further allegations against Dupuy also will be referred to the attorney general, Roady said.

Original Source:  The Houston Chronicle, February 18, 2013, http://www.chron.com/news/houston-texas/houston/article/Galveston-DA-shifts-judge-probes-to-state-4288054.php

Galveston DA Investigates Dupuy for Criminal Complaint, Fiancee Testifies

Galveston DA Investigates Dupuy for Criminal Complaint

Dupuy Continues Bizarre Hearing

Posted: Wednesday, February 13, 2013 12:08 am

By Chris Paschenko

GALVESTON — Judge Christopher Dupuy voluntarily removed himself Tuesday from hearing an attorney’s family law case but not before finding the attorney in contempt for statements in her recusal motion.

Dupuy’s orders and rulings came amid a series of Monday and Tuesday hearings that attorneys characterized as bizarre.

The Galveston County District Attorney’s Office is investigating to learn if testimony in one of those hearings is connected with its criminal investigation on whether Dupuy abused his official capacity, Criminal District Attorney Jack Roady said.

On Tuesday, Dupuy held attorney Lori Laird in contempt and has recommended that an administrative court judge sentence her to 110 days in jail and fine her $250 for each of apparently 14 counts of contempt. The sentences should run concurrently, Dupuy stated in his Tuesday order.

Laird wasn’t arrested but was released on a personal bond as required by statute.

The contempt order came after a hearing in which Dupuy read allegations against Laird. Dupuy gave Laird’s defense attorneys opportunities to defend, explain or apologize for her statements, which Dupuy characterized as unprofessional pleadings that tended to disrespect authority and impede, embarrass or obstruct the court and its personnel.

With no prosecutor participating in the hearings, Laird’s attorneys, Tad Nelson, Cynthia Tracy and Greg Hughes, repeatedly responded that they would explain if they were presented with evidence against Laird.

Dupuy told the attorneys the evidence was Laird’s recusal motion, and he told the attorneys he wasn’t there to answer their questions. There were no witnesses to cross-examine. The attorneys complained Dupuy denied Laird due process of law.

‘Bizarro world’

“He has as much authority on what he’s doing as to show up at my house and tell me who’s going to cut the turkey,” Nelson said after the hearings. “We’re literally in bizarro world. There isn’t an explanation for it. Nobody has a good answer because there isn’t one. It’s the most mind-boggling thing.”

When asked to comment on the matter, Dupuy referred The Daily News to court documents on his orders and the applicable law.

“As with any other litigant, Ms. Laird was certainly afforded due process,” Dupuy said. “Through her counsels, Ms. Laird exercised her right to remain silent, so as not to further incriminate herself at the show-cause hearings.”

Dupuy declined to say what statute authorized his order, which states it is settled law that contemptuous statements and conduct in any form, including by way of motion, are punishable by criminal contempt.

“Indeed, no party or attorney is allowed a poetic license to take potshots at the judiciary or any trial judge in a motion to recuse on the theory that the trial court would lose jurisdiction to punish their bad behavior,” Dupuy stated in his contempt order.

Dupuy also cites “The Texas Lawyer’s Creed — A Mandate for Professionalism,” which he says the Supreme Court of Texas adopted 15 years ago. The provisions serve as a reminder and guideline for the profession, Dupuy wrote.

Sealed hearing

In a separate recusal hearing on Tuesday, Nelson said an administrative judge removed him and other attorneys and sealed the courtroom.

Attorney Greg Enos said the hearing involved a custody dispute between the judge’s fiancee and a man Enos said he is representing.

Last month, Enos sent a complaint letter to Roady’s office, claiming Dupuy possibly abused his official capacity. Enos claimed in the letter he had circumstantial evidence that Dupuy used county equipment or software to provide legal assistance to a woman he was dating. Dupuy might have used county equipment to help her in a family law matter, which would be a violation of the state’s penal code related to abuse of official capacity, Enos said.

Enos claimed in the complaint that his office received a faxed document on the custody case that listed Dupuy’s name and that could have come from the courthouse.

The judge’s fiancee testified Tuesday about who sent the fax and from where the fax was sent, Enos said. The testimony came from a hearing in which she sought to recuse a district court judge from the custody case, Enos said.

Dupuy, who was elected judge of County Court of Law No. 3 in a 2010 Republican landslide, denied the allegations.

Dupuy said Tuesday he couldn’t comment on testimony from a sealed custody matter. Enos’ allegations are founded upon politics and misconstrued information and are simply unfounded, Dupuy said.

A message emailed to an address believed to belong to the judge’s fiancee seeking comment wasn’t immediately returned.

Enos said a judge sealed the file, but law enforcement, the state bar and a state judicial ethics committee could view the case documents. Enos said he requested transcripts of the recusal hearing and notified the district attorney’s office.

Roady said his office didn’t participate in the custody hearing. Roady also said his office was looking into reports there was testimony related to the office’s ongoing investigation of Dupuy in connection with Enos’ complaint.

Contact reporter Chris Paschenko at 409-683-5241 or chris.paschenko@galvnews.com.

http://www.galvestondailynews.com/news/local_news/article_b8b57ede-75a3-11e2-b1a3-001a4bcf6878.html

Dupuy holds bizarre criminal contempt hearing

Dupuy holds bizarre criminal contempt hearing

Judge asks attorney to explain, defend or apologize for statement; issues no ruling

Posted: Tuesday, February 12, 2013 12:00 am

By CHRIS PASCHENKO

Attorneys were at a loss Monday to explain the relevance or legality of a hearing called by a county court judge who has accused an attorney of committing criminal contempt.

In a roughly two-hour hearing, Judge Christopher Dupuy repeatedly asked attorneys representing lawyer Lori Laird to explain, defend or apologize for statements in her November motion that seeks to have the judge removed from hearing a family law case.

When the hearing concluded, Dupuy said he would make a ruling on the matter in the near future. A second but similar hearing involving Laird is scheduled to resume at 9 a.m. today.

Dupuy has come under scrutiny for incidents both before and after he was elected judge of Galveston County Court at Law No. 3 in a Republican landslide at the 2010 polls.

Laird was representing a client in a divorce case before Dupuy and filed motions seeking to have him removed from the case. Dupuy accused Laird of filing an unprofessional pleading that tended to disrespect authority and impede, embarrass or obstruct the court and its personnel.

Dupuy in January found Laird in contempt of court and requested another judge to have a hearing to confirm his finding. He also sought to have Laird fined and sentenced to not more than six months in jail and 50 hours of legal education on ethics.

Motion in question

In a 13-page motion filed in November, Laird leveled several allegations against Dupuy, claiming he was biased, in an effort to have him removed from a divorce case. Dupuy denied the allegations and claimed Laird’s recusal motion was frivolous.

Laird was forced to appear for Monday’s hearing because of a show-cause order filed by Dupuy in which he ordered Laird to appear in his court to show cause of why she should not be held in criminal contempt.

Although the Galveston County District Attorney’s Office had a prosecutor, Kevin Petroff, in the courtroom, he sat with spectators that nearly filled the benches behind the bar.

“I was only here to state that if the court were to ask us to participate, that we had no plans to participate,” Petroff said. “Nor were we asked to participate.”

Two tossed

from courtroom

Dupuy had two people removed from his courtroom during the proceeding, his ex-wife, Adrienne Viterna, for chewing gum, and one of Laird’s attorney’s, Tad Nelson, for interrupting the judge.

After Dupuy ordered Nelson out of his court, attorneys Cynthia Tracy and Greg Hughes became Laird’s attorneys of record.

Dupuy questioned the attorneys on more than 30 of Laird’s allegations in her recusal motion and whether she would explain, defend or apologize for the statements therein.

The attorneys responded that they would explain if they were presented with evidence against their client.

Dupuy claimed the evidence was Laird’s recusal motion — which was not entered as evidence — and that he wasn’t there to educate the attorneys or answer their questions.

Hughes said he believed the hearing was about indirect criminal contempt, which would require a prosecutor and evidence of any alleged contempt. The defense should also be able to cross-examine witnesses, he said.

Hearing a ‘charade’

‘We have no evidence and no witnesses to respond to,” Hughes said.

Hughes referred to the hearing as a “charade” that ignored rules of civil or criminal procedure.

Galveston County Judge Mark Henry and Sheriff Henry Trochesset were also present. Trochesset said he was there to make sure that if the judge ordered his staff to do anything, he would make sure it was done properly.

Nelson called the hearing the most bizarre he’d seen.

“What we’ve witnessed today has never happened in the history of Harris or Galveston counties,” Nelson said. “There was no due process. Literally all he did for the first 30 minutes was read allegations that he offered no evidence for.”

Attorney Greg Enos, who was in the gallery, questioned the timing of the hearing, as Laird has a hearing scheduled today that seeks to recuse Dupuy from a case.

Explaining the hearing would be akin to asking farmers to, “explain a three-headed cow that whistled Dixie,” Enos said.

Contact reporter Chris Paschenko at 409-683-5241 or chris.paschenko@galvnews.com.

http://www.galvestondailynews.com/news/local_news/article_d9f54e64-74d4-11e2-8093-0019bb30f31a.html

Galveston DA investigates county judge

Galveston DA investigates county judge 

By Harvey Rice | February 14, 2013 | Updated: February 14, 2013 10:29pm 

GALVESTON – The Galveston County district attorney is investigating a criminal complaint that a county judge improperly used his office to give legal advice to his fiancée.

The complaint by attorney Greg Enos accuses Judge Christopher Dupuy of abuse of official capacity for sending a fax from his chambers offering legal advice to his fiancée.

District Attorney Jack Roady confirmed that his office is investigating Enos’ complaint but declined further comment.

Dupuy accused Enos of filing the complaint for political and professional purposes. “Nevertheless, his allegation is so frivolous that now, months after Enos’ complaint, the DA has not seen a need to even ask me a single question,” Dupuy said.

The abuse-of-official-capacity law prohibits a public official from using government property for personal benefit. The crime can be a misdemeanor or felony, depending on the value of the violation.

Enos said the fax may also violate ethics rules. “Ethics rules say that when you are a judge you cannot give legal advice,” he said.

Although the complaint was filed Dec. 27, Enos said he was present Tuesday when a woman testified under oath in a custody hearing that she was Dupuy’s fiancée and that he had faxed her legal advice from his chambers in the courthouse.

Enos said he became aware of the issue when he received a copy of the fax in December.

Dupuy has been embroiled in controversy over his alleged mistreatment of attorneys, accusations against fellow judges and his conduct as judge since his election in 2010.

A group of attorneys led by Enos has been leading efforts to have Dupuy removed from office.

http://www.chron.com/news/houston-texas/houston/article/Galveston-DA-investigates-county-judge-4279744.php

“It would be so nice if something made sense for a change.”- Lewis Carroll – Alice in Wonderland

OccupyTogether_PL_13a copy

Tomorrow Judge Christopher Dupuy is holding two hearings (trials) to determine whether or not to hold me in criminal contempt.  He is seeking a maximum of one year of time in jail.  He has alleged 36 paragraphs of “contemptuous conduct” in one petition and 37 paragraphs of “contemptuous conduct” in another petition- for which he is seeking a $500 fine for each violation found.  He is also recommending that I be ordered 50 hours (times two separate petitions) of continuing legal education and BEST of all he is asking that my law license be suspended pending conclusion of an investigation by the State Bar of Texas.

I unwillingly got put into Judge Dupuy’s “target zone” for retaliatory action simply by zealously representing a family law client.  See REMOVEDUPUY.COM or Facebook DONTEQUILAXX for information regarding that scenario. Read the postings about the “Fracas and the “Prelude to the Fracas” in particular.  The purpose of this posting is to focus attention on tomorrow’s miscarriage of justice.

I believe that the escalation of retaliatory shots fired by Judge Dupuy toward me, including the filing of the criminal contempt charges, stem from the fact that I now represent Judge Dupuy’s ex-wife in a series of family law battles that exist between the two of them.   Prior to the “Fracas” and the “Prelude to the Fracas” I did not know Judge Dupuy’s ex-wife.

On December 28, 2012, Judge Christopher Dupuy was COURT ORDERED to show up at my office to give a deposition in a custody enforcement matter pending between the Judge and his ex-wife.  I will not go into the details of the behavior he exhibited in my office, although if you are curious you can read a summary for yourself in a petition filed by me in Cause No. 12FD1807, which is a PUBLIC record on Galveston County District Clerk’s website.

Dupuy showed up at my office, read a prepared statement, then refused to submit to the COURT ORDERED deposition and stormed out of my office.  As I have subsequently found out, Judge Dupuy then immediately drove to his office in the Galveston County Courthouse and drafted at least one of these retaliatory criminal contempt charges against me — THE VERY SAME DAY.   The criminal contempt allegations have nothing (directly) to do with his own pending cases against his ex-wife.  Rather they relate (directly) to family law cases of which I am the attorney of record assigned to CC#3, cases in which I had previously sought the recusal of the judge because I believed he would exhibit bias or prejudice against my clients and me.  I will not go into the details about my suspicions of Judge Dupuy’s wrong-doing, as I suspect that Judge Dupuy monitors this website.  My legal theory is something Judge Dupuy can learn at tomorrow’s hearing.

But, what I can do now is to remind people about Judge Dupuy’s history of questionable ethics and his spotty legal career. For those who do not know the history – the litany of BAD, UNETHICAL, and QUESTIONABLE acts of Judge Christopher Dupuy of County Court #3 in Galveston County, Texas —  I suggest you simply Google his name or read the prior postings and news archive on REMOVEDUPUY.COM.  Former clients are suing him for malpractice.  He has filed for bankruptcy twice.  He himself sues, or files state bar complaints and/or threatens and harasses most anyone who is involved in defending his ex-wife’s rights.  Judge Dupuy sued one of the ex-wife’s former attorneys, Savannah Robinson, for slander and lost, and he has even sued the parenting facilitator in his divorce case.  Dupuy’s OWN Uncle recently filed a lawsuit against him for money owed to him.  (See the recent article in Galveston Daily News.)  Dupuy also has judgments against him which (to the best of my understanding) he has not yet paid.  To put things in historical perspective, basic reading should include Savannah Robinson’s counter-petition against Judge Dupuy. It is alarming. Robinson won the case and was awarded a money judgment that Dupuy will likely never pay. I will attach a copy of or link to the counter-petition at the bottom of this post.  She does a fairly good job (in my humble opinion) of summing up some of the issues with Christopher Dupuy.

One other thing I can do now is to thank those who are fighting the good fight. There has been one other attorney who has previously and consistently called for Dupuy’s removal over the past year — and for that, I salute you: Greg Hughes.  Additionally, removal has been mentioned or suggested by Paul Kennedy and Julia Hatcher.   Now other lawyers are organizing and rising up to support Dupuy’s removal, as described in more detail below. And I have received expressions of support from many of these lawyers.  The support is certainly welcome. You cannot imagine the time, energy and emotional toil it takes to fight alone against a bully who will constantly strike out against you with retaliatory strikes.   The easy thing to do is nothing but to sit back and hope, pray and wait that something will happen, hope he will simply be removed.  I can understand why some members of the bar prefer that approach – particularly when the judge in question has a demonstrated history of using his powers to retaliate against those who get in his way.

I could not stand by and allow this injustice to occur.  I took what action I could.  I started educating myself on the past behavior of Judge Dupuy.  I was told about DonTequilaXX – an internet persona on Facebook (not me by the way) crying out into the wilderness- who through the use of political satire and commentary- was trying to draw attention to the atrocities that were occurring in that Court.  I learned a lot from Don Tequila’s page- and must admit- was greatly amused by some of the political satire- I invite you to check it out yourself.  My involvement in “all things Dupuy all the time” began in connection with the “Dirty Little Secrets” email that Judge Dupuy sent. It was a completely false, defamatory, scurrilous email sent by Dupuy to county officials basically accusing me, and two others, of wrongdoing.  He had absolutely NO evidence for his remarks and they were sent only in an attempt to hurt the reputation of those involved and (in my opinion) to interfere with my business relationships.

As time went on, there was sniping back and forth at me from Judge Dupuy in various forms.  Finally, Judge Dupuy “upped the ante” and found me in (civil) contempt- without ANY DUE PROCESS- WITHOUT NOTICE OR A HEARING.  These are basic premises of law that every first year law student should understand is required – but not Judge Dupuy. He acted as if he were above the law.  He did the same to Suzanne Radcliffe- who filed a mandamus with the Court of Appeals- where Dupuy’s order was overturned and he was required to “undo” what he had done.  I did not file a mandamus- the result would have been exactly the same- as the facts were the same.

I did, however, take the path of social action- even though I realized this would make me a bigger target for Dupuy’s retaliation.   I have spent my life dedicated to justice.  First, as a police officer, then as an attorney and advocate for my clients.  I started a FB page- called Ethical Judges- which quickly had many friends/subscribers that called for Ethical Judges on the bench in Galveston County.  Oddly enough, my Facebook page was mysteriously shut down due to complaints filed by an “individual” regarding a re-posting of a newspaper article about Dupuy which I placed on the webpage.  I wonder who would complain to Facebook about the simple reposting of an article that was/is already public information?  I don’t think it takes a rocket scientist to figure this out.  However, as stated above, a greater chronicle of his misdeeds are on my REMOVEDUPUY.COM webpage.   My personal Facebook page was even temporarily shut down- yes, I do believe, at his request or at the request of someone acting at/under his direction.  He also filed a State Bar complaint against me- that had NOTHING to do with any of the cases pending- but rather- with my advertising- oddly enough- the very rules that HE HIMSELF HAD VIOLATED THAT LED TO A SUSPENSION OF HIS LAW LICENSE.  The State Bar dismissed his complaint against me after an investigation.  He remained unsatisfied and filed an appeal of the decision.  His appeal was also dismissed and I was found NOT to have engaged in any actions that violated the Rules of Professional Conduct.  I truly believe he thought he could silence me with his systematic attempts at bullying and intimidation.  But he was wrong.  I continued my online campaign which includes a petition for people to sign- a completely anonymous petition- just to send to the State showing the number of people who support his removal.  Please visit my REMOVEDUPUY.COM webpage and sign the petition if you agree with these actions.  Through the website I was contacted by lawyers and citizens who felt they have been wronged by Judge Dupuy.  However, most of them gave in to the fear and bullying tactics and were urging me to be braver than they had been able to be.

I have filed Judicial Ethics complaints against Judge Dupuy and have also sought to have criminal charges for official oppression filed against Judge Dupuy with the District Attorney’s office in Galveston.  It is my understanding that both of these complaints are still under investigation- however- in the interim- Dupuy’s reign of terror is allowed to continue- unchecked.  Hence tomorrow’s circus against me.

But I get ahead of myself in the commentary, in the interim many other people have suffered at the hands of Judge Dupuy since I started my online campaign to have Judge Dupuy removed from office.  Dupuy’s actions have finally caught the attention of so many people that they can no longer go unchecked.  This past month a group of attorneys and citizens have banded together to file a petition for Dupuy’s removal under Chapter 87 of the Local Government Code.  That law allows any citizen who has resided in the applicable county for six months to initiate a lawsuit for the removal of a county official for incompetency, official misconduct or intoxication. Incompetence, as concerns this case, is defined to mean gross ignorance of official duties or gross carelessness in the discharge of those duties. Official misconduct must be intentional, unlawful behavior relating to official duties by an officer entrusted with the administration of justice.  The term includes an intentional or corrupt failure or neglect of an officer to perform a duty imposed on the officer by law.

I am preparing an affidavit chronicling the events that Judge Dupuy has put me through that will be included as part of the Chapter 87 complaint.  The stress he has caused me personally has led to me suffering physical and emotional trauma- even leading to hospitalization at one point because the stress was wreaking havoc with my blood pressure- making it most difficult to control.  It became extremely low at one point… very scary- as my heart seems perfectly sound- the doctors believe it was the result of stress.  This was the weekend before the first recusal hearing was set.  Dupuy has filed so many complaints/motions/orders against me that simply keeping up with answering them have taken up an inordinate amount of time in my law practice forcing me to work even MORE hours than I already work (this by the way is a common Dupuy tactic).  And sadly, the stress has caused a major problem in my marriage- with my husband directly correlating my attention to the “Dupuy matter” to causing marital strife and difficulties that may have tragic consequences.

So what will happen to me tomorrow?  Who knows?!  I am in Dupuy World, folks – Galveston’s twisted real-life version of Wonderland.  Nothing makes sense.

“Off with their heads!” Could be the result.  Of course, I speak metaphorically- however things do grow “curiouser and curiouser.”  However, I am so fortunate to have a legal team defending me- spearheaded by Attorney Tad Nelson.  Although it is a little late to be posting this information- I felt the need- just in case something insane happens tomorrow- and to invite you all to come out and hear the evidence for yourself and SEE and HEAR with your own eyes and ears the madness that is occurring.  The first hearing is scheduled for 2 pm in County Court 3.  The second hearing is scheduled for 3 pm in County Court 3.  I plan to defend myself vigorously against Judge Dupuy.  I hope to see some friendly faces in the gallery for support.  This has been a long ordeal and is not over yet.  Should I not be in jail on February 12, 2013- my two recusal hearings are to be heard.  I will keep you posted and want to thank you all for your continued support.  Keep me in your thoughts and prayers.

“Give your evidence and don’t be nervous, or I’ll have you executed on the spot.”- the King of Hearts

 

Link to Savannah Robinson counter-petition: in Dupuy v. Robinson:  http://bit.ly/WDh8Lp