JUDICIAL BOMBSHELL IN LANDFILL FIGHT
MORE TAXPAYER MONEY WASTED
October 10, 2013
Big news from the Waller County courthouse…
District Judge Buddy Mccaig has suddenly disqualified himself from hearing the big landfill lawsuit any more, but he would have faced tough questions if he hadn’t stepped down.
Mccaig played a huge role in the 2-year old landfill fight. He had been asked to rule Waller County Commissioners broke the law when they approved the Highway 6 landfill location because the city has jurisdiction over the property. If the judge sided with landfill opponents, the garbage dump would be all but dead. Mccaig would have to rule against powerful politicians who share the courthouse, including County Judge Glen Beckendorff.
So...what gives?
Mccaig’s self-created court order doesn’t say why he suddenly has discovered a conflict, but a letter the Judge sent to Dolcefino Communications may hold the answer.
Remember the Judge told the parties in the lawsuit he would be fair and intentionally wasn’t reading anything about the ongoing landfill investigation or the growing criticism of the plot to keep the landfill plans secret from Waller County taxpayers.
But, in the letter to Wayne Dolcefino dated September 25, 2013, Mccaig attacked
our so-called press releases..
‘ There is no honor in the half-truths and innuendo you heap on others solely for the purpose of whatever agenda you may be pursuing’.
Wait a second… thought the Judge wasn’t reading?
And which press releases didn’t he like…
Was it the one that proved Judge Beckendorff knew about the landfill plans months before he claimed?
Was it the one that accused some county commissioners of wasting your money fighting release of public records?
OR….
Was it the one that put District Attorney Elton Mathis on the hot seat?
Mathis has been implicated by the county engineer in a plot to keep a trip to a Georgia landfill a secret from the public.
Had that trip been exposed, landfill opponents might have stopped the proposed 15-story garbage dump in its tracks.
Mathis claims he can’t talk about it because it would violate attorney client privilege.
Mccaig’s letter came after Dolcefino Communications fought a battle to get the names of members of the grand jury. That information is clearly public under state law, but the Waller County District Clerk and the Judge didn’t want to give the names up.
In a letter back to the Judge Dolcefino demanded an apology.
“ My so-called agenda is simple. Everyone just tell the truth. Not when they get caught, but all the time. Gee I’m an awful guy.
Dolcefino Communications has been asking that grand jurors who are public officials and relatives of public officials do what Judge Mccaig has now done, and that is recuse themselves, so there will be no questions of potential conflict, and there can be a truly independent investigation of present and former members of Waller County Commissioners court without regard for political retribution.
A judge from outside Waller County will now have to be selected to hear the lawsuit.
The recusal comes one day after Waller County Commissioners Kitzman, Pokluda and Barnett voted to pay the latest legal bill from Allison-Bass, the Austin law firm that’s been delaying and fighting release of public records and spending tens of thousands of taxpayer dollars doing it. Commissioner John Amsler has been angrily complaining about the unnecessary bills for months.
The commissioners will now have to decide how to dip into the county savings account to pay the next bills. The July bill has formally exhausted the entire $60,000 county budget for legal fees. By next month, the taxpayer’s legal bill for Allison Bass since they were hired will near $100,000. Ironically, the firm was originally hired under the guise of fighting the landfill.
The legal bills reviewed by Dolcefino Communications show Judge Beckendorff is involved in the law firm’s continued actions, but should he be without a formal vote of Commissioners? There hasn’t been a single executive session with the law firm for months while the bill keeps growing. Waller County Commissioners have not evenvoted to set a cap on the contract.
There is also a question about the Special Prosecutors latest actions, or inaction.
The Fort Bend County prosecutors were requested by D.A. Elton Mathis and appointed by Judge Mccaig early this year after CALH adviser Glen Shankleand Wayne Dolcefino complained about violations of the Texas Public Information Act and Texas Open Meetings Act.
Dolcefino now works independently from CALH.
In August those prosecutors threatened in writing to sue Waller County over their refusal to turn over all landfill e-mails, but since the story about the District Attorney broke, they have been silent. They should eitheract to stop the continued waste of taxpayer’s money and the destruction and withholding of public records or step aside too.
For further details please call Dolcefino Communications at 713-389-0810.
Wayne Dolcefino, President5554 South Peek Rd. #33
Dolcefino Communications, LLC.Katy, TX, 77450-7130
713-389-0810