Rubbernecking

Piling on? Maybe.

I'd like to think of it as more slowing down to see the aftermath of the wreck on the other side of the freeway, though.

Of course I must be talking about Christopher Dupuy, the former county court judge in Galveston County.

His latest brush with the law is both the funniest, and most pathetic. It seems that Mr. Dupuy got upset when two lady friends decided that they no longer wanted to be friends with one of the most unqualified people to ever sit on the bench.

Instead of moving on with his life, Mr. Dupuy allegedly posted fake ads on a website stating that his ex-girlfriends would perform sex in exchange for money.

Mr. Dupuy does, however, remain the poster child for straight-ticket voting Republicans in Galveston County. With the exception of a few devoted wingnuts, Mr. Dupuy would never have sat on the bench had the carpetbaggers in the northern end of the county not voted for anyone (and anything) with an "R" after it.

Do not go quietly into that good night

Just when you thought it was safe to wander around Galveston comes news that disgraced former judge Christopher Dupuy is the subject of another arrest warrant.

This time, according to The Houston Chronicle, the problem seems to be Mr. Dupuy's inability to show up for a deposition in a legal malpractice suit.

I don't know what has become more riveting for Houston-area legal observers: Mr. Dupuy's travails or the soap opera that is the life of former Houston hand surgeon Michael Brown.

And so it ends

After two-and-a-half acrimonious years on the second floor of the Galveston County Courthouse, the tenure of Christopher Dupuy on the bench in County Court 3 is finally over.

On Thursday, Mr. Dupuy entered into a plea bargain with the special prosecutor that will see him placed on deferred adjudication for two misdemeanor charges and resign from the bench.

Mr. Dupuy took the bench when the Republicans swept the 2010 general election in Galveston County despite the fact his license to practice law was suspended by the State Bar of Texas for unethical conduct as an attorney. His incompetence continued when he took the bench.

Mr. Dupuy lacked the necessary temperament to sit on the bench - he took any challenge to his rulings to be a personal challenge. He ran for the bench against the judge who was presiding over his divorce case and he used the tools of his office to assist his girlfriend while she was involved in litigation.

Now that Mr. Dupuy is off the bench, the cockroaches will begin scurrying across the kitchen floor. In the upcoming weeks and months lawyers will step up to announce they are running for the bench in County Court 3. But where have they been over the past two-and-a-half years? Not one of them had the courage to stand up and challenge Mr. Dupuy while he was on the bench. They will now pick over the bones.

Lari Elaine Laird was one of the few attorneys in Galveston County who had the courage to stand up and speak. For her efforts she found herself fighting contempt charges. It was her fight, however, that led to the slew of criminal charges being filed against Mr. Dupuy which led, in turn, to his resignation.

A little good news for disgraced Galveston jurist

Down on the island, the saga of disgraced jurist Christopher Dupuy took another turn this week as Ryan Patrick, a visiting judge from Harris County (and son of the right wing extremist State Senator Dan Patrick) dismissed five felony indictments that had been filed against Mr. Dupuy.

The five dismissed charges included two felony retaliation charges and three charges of abuse of office.

The judge also ordered Mr. Dupuy not to file any more pro se motions now that he has appointed counsel.

The ruling from Judge Patrick still leaves intact two felony aggravated perjury charges and four other misdemeanor charges.

As I have said many times before, the citizens of Galveston County got just what they deserved when they pulled the straight ticket lever without knowing anything about the fitness of Mr. Dupuy to serve on the bench - other than the fact he had an R after his name.

While I am not ready to stand in the line of folks demanded non-partisan judicial elections because I think they would be even more corrupted by campaign money than what we have now, something needs to be done to encourage the electorate to educate themselves - even if to a minor degree - as to who is running on the down-ballot races. The folks running for those down-ballot positions have a greater influence on our lives than most people realize.

It's those folks on the down-ballot races who draw the lines for both state and federal legislative districts. It's those folks on the down-ballot races who draw up schemes to deprive people of their right to vote. It's those folks on the down-ballot races who shut off debate and pass measures restricting women's right to make decisions about their bodies. It's folks on those down-ballot races who pass laws making it easier for the state to invade your privacy and ignore the Fourth Amendment. It's those folks on the down-ballot races who create a justice court system that serves as nothing more than an assembly line for the county to extract money from motorists accused of speeding. It's those folks on the down-ballot races who blindly sign search warrants allowing the police to strap folks down and stick needles in their arms.

You have been warned.

Still more trouble for Galveston judge

Disgraced Galveston County jurist Christoper Dupuy truly is the gift that keeps on giving.

Facing contempt charges for violating the visiting judge Robert Kern's gag order, Mr. Dupuy won a reprieve from the 1st Court of Appeals the day before the hearing was set to commence.

His victory, however, was short-lived as Mr. Dupuy was indicted and jailed on two counts of aggravated perjury. For those keeping score at home, Mr. Dupuy is now facing four felony and seven misdemeanor charges.

Now that blood is in the water, candidates for the Republican nomination for County Court No. 3 are popping up like fire ant mounds after a hard rain. But where were these fine lawyers when Mr. Dupuy was creating his circus on the second floor of the courthouse? Did any of them speak up about what was happening? Or did they all shuffle in and out of the courtroom like dutiful little servants not willing to stir the pot?

Yet another indictment for disgraced jurist

Disgraced Galveston County Judge Christopher Dupuy is back in the news once again as he was indicted and arrested (again) for violating the statute banning judges practicing law.

Apparently Mr. Dupuy, after being suspended from the bench without pay as the result of his previous indictments, decided it was a good idea to advise his girlfriend to ignore a court order in her child custody case that he thought the order was incorrect.

But, oops, since he is still considered a judge, he is barred from the private practice of law (though there are a handful of exceptions to that prohibition). Of course there is also the question of why anyone would ask Mr. Dupuy for legal advice (never forget that he was in trouble with the State Bar while campaigning for office).

  Dupy Indictment

Update: Pinch hitting in County Court 3...

Damn, that fall from grace can be awfully fast sometimes. Two days after being indicted on two felony charges and six misdemeanor charges and one day after being arrested, disgraced Galveston County Court at Law Judge Christopher Dupuy was suspended from the bench without pay by the State Commission on Judicial Conduct late Thursday afternoon.

Mr. Dupuy will remain off the bench pending the resolution of the criminal charges against him and the civil suit filed to remove him. Whatever the outcome, however, his short-lived career as a judge, and possibly as an attorney, is over.

For anyone who has had the misfortune of practicing in his court, the latest developments can't be much of a surprise (only that it took this long). He rode into office on the tails of straight-ticket voting by suburban Republican voters in Galveston County. His behavior on the bench has been erratic from the start. His lack of knowledge of the law was apparent from his first days on the bench.

For now, however, the stain on the second floor of the courthouse has been removed.

Here is a copy of the order suspending Mr. Dupuy:

  Suspension Order - Dupuy

Judge on a hot tin roof

Word from courthouse wags down on the Island indicate that embattled Galveston County Court at Law Judge Christopher Dupuy's days behind the bench may be coming to an end. According to sources at the courthouse, Mr. Dupuy was indicted this morning on two felony counts of retaliation, four misdemeanor counts of abuse of official office and two misdemeanor counts of official oppression .

Also on Wednesday a petition seeking the removal of Mr. Dupuy as the presiding judge of County Court at Law No. 3 was filed on behalf of the State of Texas by Galveston County attorney Greg Hughes (Click here for the petition and attached exhibits). A hearing for Mr. Dupuy to show cause why he shouldn't be removed from office will be held on June 7, 2013 in the 10th District Court at 10:30 a.m.

According to the Houston Chronicle:

The petition for removal accuses County Court-at-Law Judge Christopher Dupuy of failing to obey an order from a state appeals court, abusing his authority by retaliating against attorneys and threatening the district clerk while attempting to interfere in Dupuy's own divorce case. 

The lawsuit accuses Dupuy of incompetence and official oppression and asks that he be removed from office while the case is pending. 

"He has ruined dozens of lives over the last two years with ridicules, horrible rulings he has made," said Galveston County attorney Greg Hughes, who filed the petition for removal at 10 a.m. with state District Judge Kerry Neves.

In response to Mr. Hughes' petition, Galveston County District Attorney Jack Roady has filed a motion to recuse his office from prosecuting the removal on behalf of the State of Texas due to a conflict of interest. The Texas Attorney General's Office has been appointed to represent the state in the removal action.

The noose around Mr. Dupuy's neck has tightened and I do believe that it's just a matter of time until his days on the bench are over. The voters in Galveston County who pulled the straight ticket lever for the Republicans back in 2010 should be ashamed of themselves for putting this man on the bench.

  Indictments of Judge Christopher Dupuy

Laissez les bon temps rouler - Galveston style

And the fun never ends down on the island. Who needs Mardi Gras when there's Judge Christopher Dupuy?

Just when I was wondering if any of his fellow judges would stand up and say something about his erratic behavior, along comes State District Judge Susan Criss. According to an e-mail Judge Criss sent to county officials this week, there are some very serious concerns in the county judiciary about the stability of Judge Dupuy.

Here is the text of Judge Criss' e-mail...

I have been informed of the following: 

A county court judge requested armed security for the afternoon of judges's meeting in January from the Galveston County Sheriff's Office due to concerns that County Court Judge Christopher Dupuy would act in a manner that threatened the safety of the judiciary. 

County employees, family members of county employees, litigants and attorneys are expressing concern to those in authority, such as judges, the Sheriff, the District Attorney and to me that they are afraid Judge Dupuy will become violent and hurt or kill someone. Those expressing concerns include many I have known for decades who never expressed such concerns before recently. 

Judge Dupuy has published remarks on facebook and made statements to his children about carrying and acquiring firearms including a rifle and handgun and concealing them in a zipped pocket in his jacket. I understand the District Attorney has a taped recording of Judge Dupuy's children discussing this. 

Courthouse employees and attorneys are discussing numerous accounts of erratic behavior and mood swings. Media accounts are describing his behavior as bizarre.
I have worked for this county since 1986. Prior to that I came to the courthouse with my dad before I was even in elementary school when he and my aunts and cousins worked here. Never in my almost 52 years did I ever expect to have to write an email to elected officials asking how they intend to protect the public, the other elected officials and courthouse employees from a member of the judiciary. 

Amazingly enough this is not even the first time I have had to approach those in authority to ask for protection for the Galveston County employees and the public and his own family from an elected official. That former elected official was ultimately prosecuted, was incarcerated and then charged again with violent crimes. And in the end those in charge stepped up and did what was necessary to protect everyone from danger.
I never expected that circumstance to occur again my lifetime , much less only months later. But here we are. Everyone of us was entrusted by the citizens to do what is necessary to protect the people who come into this courthouse. 

So now I ask those of you elected to govern what is being done to protect everyone? 

Judge Susan Criss

While there is no mention of the county judge who requested armed security at the monthly judges' meeting, there are only two other misdemeanor judges - John Grady and Barbara Roberts. It's a pretty good bet that it was Judge Roberts who made the request.

Judge Dupuy blows off the letter as "politics," but that doesn't explain why a fellow judge felt the need to ask for security at a judge's meeting in the courthouse.

Attorney General to investigate Galveston judge

Oh, how much hotter the seat behind the bench in Galveston County Court at Law No. 3 must be today. Now, instead of being investigated by the Galveston County District Attorney, Christopher Dupuy finds himself in the crosshairs of the Attorney General's Office.

Galveston County DA Jack Roady has handed off the ball to Greg Abbott's office in order to avoid having Judge Dupuy recused in every criminal case on his docket.  Mr. Roady also confirmed that there have been multiple complaints about Judge Dupuy filed with his office.

Mr. Dupuy claims the complaints are politically motivated, but then no one has ever accused him of being able to think clearly. Questions about his fitness to serve on the bench have been raised since he won the election in November 2010.

If voters in Galveston County are paying attention to the antics on 59th Street, this should serve as a warning to the dangers of blindly pulling the straight ticket lever in the voting booth. Those who went to the polls in 2010 obviously weren't aware of Mr. Dupuy's past - I find it hard to believe that many folks would vote for an attorney on probation from the State Bar for judge.

The clock is ticking on Mr. Dupuy's time on the bench. The only question now is whether or not he will be allowed to serve out his term.

The noose tightens

On Wednesday I mentioned that Christopher Dupuy, the judge in Galveston County Court at Law No. 3 was under criminal investigation for using county equipment to assist his paramour in a legal dispute. Last night the Houston Chronicle ran this story announcing that the Galveston County District Attorney's Office acknowledged the investigation.

Dupuy has denied the allegations and claims that Galveston attorney Greg Enos filed the complaint with the DA's office for political purposes.

But the truth came out in a hearing the other day when Mr. Dupuy's girlfriend admitted under oath that she was engaged to the judge and that he provided her with legal advice back in December. Mr. Enos turned over a copy of the fax to the DA's office back in December.

The time has come for Mr. Dupuy to step down from the bench. He has made a mockery of justice in Galveston County. He has embarrassed himself. He is a menace to justice.

Whether his colleagues on the bench have what it takes to tell him it's time for him to go is another question. The longer they allow him to roam unchecked, the worse the situation becomes.

With the sworn testimony of his fiancee nailing him for using county equipment to provide her with legal advice (an ethical violation, by the way), the path to his departure may be laid out. Facing a choice between stepping down and fighting criminal charges would seem to be an easy and logical decision to make.

But, then again, we're talking about Christopher Dupuy.

Dupuy is at it again on the island

It seems that Judge Dupuy has been tilting at windmills once again down on the island. First he went after associate judge Suzanne Schwab-Radcliffe, alleging that there was an inherent conflict of interest in her sitting part-time as the associate judge in the 306th Judicial District Court and practicing family law in the county courts at law.

While many attorneys down on the island were beside themselves when Judge Dupuy went after her - for once he got it right. My dad use to tell me that even blind pigs find an acorn every once in a while. The State Commission on Judicial Ethics agreed with Judge Dupuy and issued an opinion that it wasn't proper for Ms. Radcliffe to continue to sit as a judge in Galveston County while litigating divorce cases in the county.

I know several traffic ticket attorneys who sit as judges both in Houston and some of the surrounding municipalities. Their contracts with those courts state that while they can continue to defend folks who are cited for traffic violations (and other Class C misdemeanors), they cannot take any cases in the jurisdiction in which they sit. And that makes sense.

Of course that wasn't Judge Dupuy's motive. It would appear that he has a romantic interest in a person who is involved in domestic litigation in Galveston County. He is also under criminal investigation for using county equipment to assist his paramour with her suit. It should be pointed out that he decided to run for the bench in order to disqualify then-judge Roy Quintanilla from presiding over his divorce trial.

His latest crusade is against Galveston attorney Lori Laird. Ms. Laird (click here for Ms. Laird's blog) had the audacity to file a motion seeking to recuse Judge Dupuy in a family matter (I'm sure the fact she represents the judge's ex-wife in a custody suit has nothing to do with it). Judge Dupuy took umbrage at the suggestion that he could not sit on the bench impartially and preside over a trial. Instead of agreeing to recuse himself or sending the motion to Olen Underwood, the administrative judge for the region, Judge Dupuy tried to cite Ms. Laird for criminal contempt.

Apparently Ms. Laird's motion "tended to disrespect authority." He also alleged that it was unprofessional and obstructed the court's ability to do whatever it is his court does. I just wonder if he's going to seek contempt citations against the District Attorney for prosecuting cases that have no business in a courtroom.

I have yet to figure out what rule Ms. Laird broke by filing the motion. He may not have liked the allegations and the insinuations in the motion, but that is hardly a legitimate reason to try to cite an attorney for criminal contempt.

The other day on the second floor of the Galveston County Courthouse (not that this means anything, but the second floor of the Harris County Jail houses the psychiatric ward), a circus hearing was held. For almost two hours, Judge Dupuy asked Ms. Laird's attorneys if they would defend, explain or apologize for the allegations made in Ms. Laird's recusal motion.

The antics in Court Three would be funny, except that there are people's lives at stake. The man sits on the bench because Republican voters in Galveston County couldn't care less who's running for office - provided they have an "r" after they name on the ballot. These god-fearing, gun-loving wingnuts didn't care that Mr. Dupuy was suspended from the practice of law at the time he was running for the bench. They didn't care that he had faced numerous complaints of being incompetent.

I once represented an indigent client in Judge Dupuy's court. I had investigated the case and discovered that the arresting officer had lied about the circumstances surrounding the arrest - and I had the goods to take him down on the stand. My client missed court one day and was picked up when his bond was forfeited. The judge, despite my being the man's attorney of record, signed an order appointing one of the lawyers working the jail docket to represent him. That attorney (and I use the word lightly) dutifully pled my client out without conducting any investigation. I found out when I went to file a motion in the case and was told it was a closed case.

I spoke with Ted Weems, the misdemeanor chief in Galveston (and a good guy to boot), and he agreed that my client was entitled to a new trial. I drafted up an agreed motion for new trial, Mr. Weems signed it and we presented it to Judge Dupuy. He looked at it and asked me what he was supposed to do with it. I told him he was supposed to sign it. He disappeared in his chambers and we waited 45 minutes until he reappeared and signed the order granting my client a new trial. I then showed the "smoking gun" to Mr. Weems who promptly dismissed the case.

Christopher Dupuy has no business sitting on the bench. And the longer he sits there, the more reasons he gives us.

Pressure builds on judge to step down

Well, what do you know, Christopher Dupuy is back in the news.

If you don't know, Mr. Dupuy is the judge in County Court at Law No. 3 in Galveston County. At the time he was running for the bench the State Bar had placed him on probation for violating ethics rules. The seat he ran for was held by the judge in the divorce case filed by his now ex-wife. His platform was a bizarre assortment of right-wing positions that would have made any wingnut proud. He sits on the bench because Galveston County voters in the north end of the county blindly selected the straight ticket option for the Republicans.

SUSPENSIONS On Oct. 9, 2009, Christopher Dupuy [#24003931], 38, of League City, accepted a six-month, fully probated suspension effective Oct. 9, 2009. An evidentiary panel of the District 5 Grievance Committee found that Dupuy’s professional websites contained statements that omitted facts necessary to make the statements considered as a whole not materially misleading. Also, Dupuy’s advertisement in a telephone directory did not conspicuously publish the name of at least one lawyer responsible for the content of such advertisement, and did not disclose the geographic location, by city or town, of Dupuy’s principal office. Dupuy failed to file the telephone directory advertisement with the State Bar Advertising Review Committee.

Dupuy violated Rules 7.02(a)(1) and (a) (2); 7.04(b), (c), and (j); and 7.07(b). He agreed to pay $2,500 in attorney’s fees and costs.

-- Texas Bar Journal, January 2010

If you've ever had the "pleasure" of practicing in Judge Dupuy's court you know what an interesting experience it is. I had a case in which the prosecutor and I submitted an agreed motion for new trial. When I handed him the motion, the judge looked at me and asked what he was supposed to do with it. I told him it was an agreed motion and that he should sign it. He took it under advisement and made up wait for 45 minutes while he went back in his chambers and did God knows what before returning to the bench.

In his latest misadventure, Mr. Dupuy was fined $7,500 by a judge for improperly trying to remove a judge who was hearing a malpractice case against him filed by a former client. The $7,500 fine is in addition to an $1,800 levy ordered against him for failing to appear at a deposition in that case. David Bryant, a Houston attorney handling the suit, told the Houston Chronicle he thought he'd have to attach Mr. Dupuy's bank account in order to get the money.

Dupuy is also under investigation by the Galveston County District Attorney's Office for allegedly lying about his residency on the application he filed to run for the bench.

The situation is so bad that the Galveston Daily News is calling for Dupuy to resign from the bench.

The man is not qualified to sit on the bench. The unethical manner in which he ran his practice. Sleeping with an attorney practicing in his court. Lying on his application to run for office. The unprofessional way in which he conducts business in his courtroom.

The folks in Galveston County who voted straight ticket Republican got exactly what they deserved.

Transcript of DuPuy hearing