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County Judge Doyal, with new attorney Hardin, pleads for reinstatement
From Courier of Montgomery County By Catherine Dominguez | Posted: Tuesday, July 26, 2016
- County Judge Doyal, with new attorney Hardin, pleads for reinstatement
Houston defense attorney Rusty Hardin, right, gives a thumbs up alongside Montgomery County Judge Craig Doyal before a State Commission on Judicial Conduct hearing Tuesday in Austin.
AUSTIN — In an emotional plea Tuesday, Montgomery County Judge Craig Doyal asked members of the State Commission on Judicial Conduct to reverse his suspension and let him return to the Commissioners Court bench.
However, the commission does not expect to make a decision before its regular meeting session Aug. 10-12.
Chair Valerie Ertz said Doyal would be notified through his legal counsel. Tuesday’s hearing included seven of the 13 members of the commission.
The commission suspended Doyal June 28 after a Montgomery County grand jury indicted him on charges of conspiring to circumvent the Texas Open Meetings Act. The grand jury also indicted Precinct 2 Commissioner Charlie Riley, Precinct 4 Commissioner Jim Clark and political consultant Marc Davenport on the same charge.
High-profile Houston-based defense attorney Rusty Hardin, who is now representing Doyal, stressed that since Doyal does not perform judicial functions, the commission should reverse its decision.
“I do not think it is appropriate … for a nonjudicial officer to be suspended,” said Hardin, noting it is “more appropriate” for the issue to be left to the criminal process.
Doyal told the commission it is not within his authority to perform judiciary duties. However, the commission said while he may not be performing those duties, it does fall within the scope of his position and therefore falls under the jurisdiction of the commission.
According to information from the commission, it has never reversed a suspension order.
About a dozen people, including Montgomery County Sheriff Tommy Gage, Harris County Precinct 4 Commissioner Jack Cagle, Montgomery County Precinct 5 Constable David Hill and newly elected Conroe City Councilman Duane Ham spoke in support of Doyal.
The county judge was investigated during a six-month grand jury proceeding regarding whether certain members of Commissioners Court violated TOMA during negotiations in August 2015 with members of The Woodlands-based Texas Patriots PAC that led to the $280 million November road bond referendum, which voters passed. An open records request by The Courier showed Davenport communicated with certain members of the court regarding the bond, specific projects and dollar amounts.
During the hearing Tuesday, Doyal said he met with the PAC at the request of Davenport to discuss a possible road bond referendum the PAC could support after voters defeated a $350 million road bond in May 2015.
Doyal said he never met in a quorum with other commissioners while meeting with PAC members. However, he did acknowledge emails were sent to different people regarding the bond in the weeks before the court unanimously voted, without any discussion, to place the bond on the November ballot.
“A lot of emails went back and forth … some I read, some I didn’t,” Doyal said.
Those discussions with the PAC and others culminated on Aug. 21, 2015, when the PAC, along with Doyal and Riley, distributed a press release stating they had agreed on the “framework” of a bond. On Aug. 24, county commissioners voted 5-0 to place the road bond on the November ballot.
On Tuesday, several members of the commission questioned Doyal about the signed memorandum of understanding and the reason behind it.
“The reason we did the MOU was because there was very little trust between us the Patriots PAC,” Doyal responded. “They thought we would do a bait and switch.”
Commissioner Catherine Wylie questioned the meetings with the PAC.