April 10, 2007
TYC: Reynolds' removal sought

Here's a strange twist in the TYC saga: Petitions to remove do-nothing District Attorney Randall Reynolds and County Attorney Kevin Acker were filed yesterday, with the latter being filed by Reynolds himself.

A three-page petition to remove Ward County District Attorney Randall W. Reynolds was filed in Pecos, about 15 minutes after a petition to remove Ward County Attorney Kevin Acker was filed in Monahans.

Reynolds filed a three-page petition alleging that Acker overstepped his legal authority by demanding that Reynolds resign or be forced from office. Reynolds also charged that Acker should be removed "for incompetency and official misconduct."

The petition was filed in Ward County, where a grand jury resumed its investigation Tuesday of John Paul Hernandez and Ray E. Brookins, both former TYC employees at the West Texas State School in Pyote.

Patsy Elkins of Pecos alleged in a four-page petition filed Tuesday morning that Reynolds should be removed from office for incompetency and official misconduct, citing his inaction on the TYC case. It wasn't clear who Elkins was or what her role in the case is.

The laws covering a petition of removal are in Chapter 87 of the Local Government code. It goes to a district judge and lists the grounds for removal, which can include "incompetency" and "official misconduct", and as far as I can tell, the judge makes a determination and it goes from there. If it does proceed, there is a trial, and by Section 87.018 (noted by the Morning News), the state would be represented by the County Attorney. Which has to make one wonder if Reynolds filed his petition against Acker as a retaliatory maneuver. If so, that strikes me as being both dumb and petty. We'll see what the judge thinks about it.

Posted by Charles Kuffner on April 10, 2007 to Scandalized!