The Collin County Observer™

Attorneys for embattled District Court Judge Suzanne Wooten filed a motion in Judge Mark Rusch's District Court asking that Judge Rusch either disclose his appointment of a Special Prosecutor to investigate Judge Wooten by filing his appointment with the District Clerk or confirm that he made no such appointment.

The filing, titled: "MOTION TO FILE AND PRODUCE ORDER APPOINTING ATTORNEY PRO TEM AND RELATED DISQUALIFICATION DOCUMENTS" was filed Monday evening and assigned case number 401-03911-2010.

In the motion, which the Collin County Observer has seen and read, but does not yet have a copy to post here, Wooten's attorney, Peter Schulte lists a series of actions he and Judge Wooten have undertaken to try and find out if there were charges going to be filed against her and if so by whom.

In his motion, Schulte writes:

"It has now long been speculated and now confirmed by John R. Roach, Sr., District Attorney of Collin County, Texas, that Movant [Wooten] has been under investigation related to alleged violations of unnamed "campaign election laws" by the DA's office and by members of the Texas Attorney General's Office..."

"After a Hearing held on June 30, 2010, Judge Ray Wheless agreed that the Assistant Attorney General Harry E. White illegally tried to re-assemble a grand jury on his own without permission from the Court. In essence, White broke the law..."

"In addition, it was learned that White was evidently deputized as an Assistant District Attorney for the Collin County District Attorney's Office and was not acting as an "Attorney Pro Tem..."

"On September 12, 2010, Movant's attorney Peter A. Schulte filed a Public Information Act (PIA) Request with the Collin County District Clerk's Office requesting 'Any and all documents, records, memorandum, or Court Orders...currently in the possession of any member of Collin County District Clerk's Office appointing any member of the Texas Attorney General's Office an Attorney Pro Tem, or Special Prosecutor on any matter from March 4, 2008 to the date of this request.'..."

"On Thursday, September 16, 2010, John R. Roach, Sr. released a press release regarding an alleged "Attorney Pro Tem" appointment that had been made to investigate Roach or members of his office... This press release was released to the entire DA's office at 9:57am. The "Attorney Pro Tem" order referenced in this Press Release was not filed with the District Clerk until 1O:27am, exactly 30 minutes after this press release was issued..."

"In addition, Roach states in his press release that his 'office and the Attorney General of Texas have been investigating Judge Wooten, as she [sic] has publicly stated many times, and two other persons for allegedly violating campaign election laws and other alleged criminal conduct when she ran for election as [sic] as district judge in 2008.' The press release continues, 'My office has since recused itself from the investigation, as is appropriate in these circumstances, and the Criminal Justice Division of the Texas Attorney General's Office has
been appointed by a court to continue to investigate and, if necessary, prosecute any case against Judge Wooten and others as the law and the facts may dictate.'"

On Monday, September 20, 2010, Movant's attorney Peter A. Schulte spoke with Hon. Hannah Kunkle, District Clerk of Collin County, Texas, who communicated to Mr. Schulte that after a due diligence search no Attorney Pro Tem Order exists in relation to the investigation currently being conducted of the Movant."

And then the zinger:

"It has been discovered by Movant that the Honorable Judge of this Court may have signed an Order appointing an "Attorney Pro Tem" at some time in the recent past, but such Order has not been filed with the Collin County District Clerk's Office as required by law."

"This motion respectfully requests that Judge Rusch file any such order and to produce a copy of such Order to Movant's attorney, or in the alternative, confirm to Movant that such an Order does not exist."

As has been reported in The Collin County Observer, DA John Roach has investigated Judge Wooten for almost years. Several Grand Juries have heard testimony, but none have voted on a bill of indictment.

A simultaneous investigation by Roach against Judge Greg Willis (now the Republican candidate for DA) resulted in a 'no bill' and an exoneration by the grand jury.

Judge Rusch has not set a date for a hearing on the motion.

Bill

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Collin County Observer coverage of the DA vs the Judge:

• Collin Judge and DA battle it out with dueling special prosecutors, CCO, Sept. 17, 2010
  
  
• "The DA vs. the Judge" or "In re: Grand Jury Proceedings" (UPDATED), CCO, June 29, 2010
  
  
• Court releases Willis Grand Jury report, CCO, Jan. 26, 2010
  
  
• Attorney General objects to Observer's request for Willis Grand Jury Report, CCO, Jan. 25, 2010
  
  
• Two local judges targets of grand jury investigations, CCO, Nov. 19, 2009