Follow-up: Anything Is Possible With Dallas County DA Susan Hawk's Removal Trial
The trial that could remove Dallas County District Attorney Susan Hawk from office is developing, but it isn't really coming into focus. It has a judge, David Peeples, who was assigned the case after two local judges removed themselves. It has filings on both sides that indicate where the case's arguments are heading. The plaintiff — Hawk's former employee Cindy Stormer — will claim that information about Hawk's mental illness and addiction issues was not made available to voters in the run-up to Hawk's election, and she is unfit to do her job. Hawk will argue that her illness and her addiction were pre-existing, that voters elected her as she was and in seeking treatment for severe depression, she has shored herself up to fulfill her duties.
Still, because removal suits are so rare, it's impossible to know what will happen. Peeples has overseen several, including one of the most recent and highest profile, the 2013 trial to remove Travis County District Attorney Rosemary Lehmberg from her post after she was convicted of DWI. Lehmberg's case differed from Hawk's for a couple of reasons, the biggest of which was that she admitted to doing something that put her at the mercy of the removal statute. Her attorneys, led by Dan Richards, didn't oppose the Travis County plaintiff's contention that the district attorney had been intoxicated — which is a potential cause for removal in and of itself. Instead, the defense argued that she was never incompetent to perform her duties, and that she remained competent even after her conviction. Peeples agreed, and Lehmberg kept her job.
Stormer will have to prove that Hawk's illness or addiction rendered her incompetent and continues to make her incapable of performing her duties as district attorney. The fact that Stormer's filings contain repeated assertions — and supporting affidavits — of erratic and paranoid workplace behavior by Hawk makes her case different from Lehmberg's, whose job performance was not questioned.
"There was no evidence put on at trial and there was none produced in discovery that indicated that there were any competency issues for DA Lehmberg," Richards says. "The record was clear on that. There was a ton of evidence that she was above and beyond on competence."
Read more: http://www.dallasobserver.com/news/anything-is-possible-with-susan-hawks-removal-trial-7723897
Earlier threads:
Friends, colleagues say Dallas County DA Susan Hawk spent time in drug rehab March 27. 2015
Dallas County DA absent for three weeks; addiction rumors start swirling August 23, 2015
Dallas Democrats: DA Susan Hawk ‘needs to do her job or resign’ August 24, 2015
Dallas County DA Susan Hawk takes leave to battle depression August 25, 2015
Dallas County DA Susan Hawk is at Texas facility for depression treatment August 26, 2015
Dallas County DA Hawk battled paranoia, had ‘break with reality,’ friend says August 27, 2015
Update: Dallas DA may remain out of office longer than announced September 15, 2015
Dallas County DA Susan Hawk fends off allegations of financial misconduct September 20, 2015
Fired Dallas prosecutor levels more accusations about Dallas County DA Hawk’s behavior September 22, 2015
Follow-up: Dallas County DA Susan Hawk faced suicidal thoughts, wanted to resign October 4, 2015
Fired employee files petition to remove Dallas DA Susan Hawk from office October 13, 2015
Follow-up: San Antonio judge appointed to handle suit to remove Dallas DA Susan Hawk October 26, 2015
