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Collin County DA Recuses Self From District Clerk Case

recuseImmediately after filing Brady Material – Favorable Evidence to the Defense, the Collin County District Attorney’s office joined in the Defense’s prior motion to recuse the District Attorney.

In the filing today, Gregory Davis, the First Assistant District Attorney explains that "[a]s a result of newly discovered evidence set forth in the State’s Disclosure of Evidence Favorable to Defendant, the State of Texas now agrees that the Criminal District Attorney of Collin County and the Collin County’s District Attorney’s Office is disqualified in this case."

Both of these filings follow my past article, "How To Gut Your Own Case: Collin County District Clerks Case." which outlined the similarities in the District Attorney’s High-Five paid time off program, and the District Clerk’s "Blue Book" time.

It would seem that the District Attorney’s Office employees, and or their policies have the potential to come into play in the District Clerk’s case.

After originally refusing to move the case, the case was subsequently moved to Dallas County and postponed until 2011.  But it was originally planned to still be prosecuted by the Collin County District Attorney’s office.  Instead, an "Attorney Pro Tem" must be substituted to act as the prosecuting attorney.

The judge has not ruled on the motion to recuse, but generally when both sides agree to a motion, it is granted.

Oh yes, and let’s not forget what our friends at the Collin County Observer discovered… an AG opinion discussing elected officials roles in setting schedules.

The Texas General Attorney Opinion : Opinion No. GA-0778
Re: Whether a commissioners court may amend the county budget to reduce salaries for the county clerk’s office because the clerk closed her office temporarily for a weather-related emergency (RQ-0834-GA)

In the resulting opinion, the AG states: "Elected county officers have a ‘sphere of authority’ within which they may manage their offices without interference.