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Shurelee Ulysis Jest
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ShureleeUJest - > The View From Here -> Tyler's day of reckoning is drawing near.
Tyler's day of reckoning is drawing near.

Over the holidays, the Victoria 10 was finally able to consult with several attorneys on the procedures for filing a petition to have the District Attorney Steven Tyler removed from office.   It took a while to locate lawyers willing to speak to us because none of the local attorneys dared to.  The reason?   Political considerations!

 

Below, I’ve cited the code under which we will file a petition for the removal of the District Attorney.   We will file approximately a dozen charges under the definitions of Incompetency and Official Misconduct.   We’ve completed a rough draft of the petition and are waiting for a review and any recommendations in the wording of the charges by the aforementioned attorneys.   We also plan to file complaints with the Texas State Bar.

 

Once the petition is finalized and submitted, a copy of the petition with detailed charges will be posted in this blog.

 

Under the Local Government Code, Chapter 87 Removal of County Officers from Office, Subchapter B. Removal by Petition and Trial are a number of definitions:

 

§ 87.011 Definitions in this subchapter

 

(1) District Attorney includes a criminal district attorney

(2)Incompetency means

  (A) Gross ignorance of official duties

  (B) Gross Carelessness in the discharge of those duties; or

  (C) Unfitness or inability to promptly and properly discharge official duties because of a serious or mental defect that did not exist at the time of the officer’s election

(3) Official misconduct means intentional, unlawful behavior relating to official duties by an officer entrusted with the administration of justice or the execution of the law.  The term includes an intentional or corrupt failure, refusal or neglect of an officer to perform a duty imposed on the officer by law.

 

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.

 

 

§ 87.012.  Officers Subject to Removal

(1)  a district attorney

 

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.

 

 

§ 87.013.  General Grounds for Removal

  (a) An officer may be removed for:

    (1) Incompetency        

    (2) Official Misconduct; or

    (3) Intoxication on or off duty caused by drinking an alcoholic beverage.

 

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.

 

 

§ 87.015.  Petition for Removal

  (a) A proceeding for the removal of an officer is begun by filing a written petition for removal in a district court of the county in which the officer resides.  However a proceeding for the removal of a district attorney is begun by filing a written petition in a district court of:

    (1) the county in which the attorney resides; or

    (2) the county where the alleged cause of removal occurred. If that county is in the attorney’s judicial district.

  (b) Any resident of this state who has lived for at least six months in the county in which the petition is to be filed and who is not currently under indictment in the county may file the petition.  At least one person of the parties who files the petition must swear to it at or before the filing.

  (c) The petition must be addressed to the district judge of the court in which it is filed.  The petition must set forth the grounds alleged for the removal of the officer in plain and intelligible language and must cite the time and place of the occurrence of each act alleged as a ground for removal with as much certainty as the nature of the case permits.

 

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. 

Tags: Distraict Attorney, D.A. Tyler. Victoria, The Victoria 10
posted by ShureleeUJest on Saturday, January 5, 2008 at 09:16 PM
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45 comments from 18 users

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posted by texasmom on Jan 22, 2008 at 08:30 AM

ShurleeUJest- Any news!

posted by VPDcop on Jan 16, 2008 at 02:36 PM
Shirley,
   You sound so consumed with Tyler. Why?
posted by CranePooleandSchmidt on Jan 9, 2008 at 05:39 PM
Enough is enough, I agree. Tyler's mission should be to see that justice is done by providing the highest quality legal representation for the public and individual victims of crime.  This is not happening as cases are stacked, stack, upon stack.  Along with that, his mission should  be to live up to the oath he swore to when taking office on January 1, 2007. Tyler is NOT contributing to the efforts of the criminal justice system nor has he attempted to strengthen our community.  He is to represent the state and victims of crime in the prosecution of felony offenses committed in Victoria County. His track record speaks for itself as does the stacks and stacks and stacks of "refused to review" cases. The oath he had sworn to do  . . .  this he has NOT done.
posted by JD on Jan 9, 2008 at 04:25 PM

What bothers me is that Mr. Tyler has, in my opinion, essentially chosen to forsake the victim's of crime and their quest for justice by using their plight as a lever or tool in his "feud" with local law enforcement.  Even if Tyler were to have a legitimate "beef" with the police, his way of going about trying to force them to comply with his wishes (i.e. not reviewing or filing charges unless his affidavit is signed) is just plain wrong, after all the victims of crime didn't have any part in the feud.  I feel the fact that Tyler did not create or require the signing of this affidavit until long after the feud with law enforcement had begun, when combined with the fact that not another county in the state of Texas uses one like it, really speaks volumes about Mr. Tyler and his motivation.  I would also ask why the Chamber of Commerce and the Victoria Economic Development Board haven't weighed in on Tyler's refusal to review criminal cases and prosecute offenders?  After all, they have to "sell" Victoria to prospective businesses and industry that may be considering locating in Victoria and having to "two-step" around the fact that we essentially don't have a functioning criminal justice system surely can't be helping their cause or that of our city.

I am sorry that it has gotten to the point that legal action seems to be the only recourse, but I also believe that enough is enough.

posted by rustyload on Jan 8, 2008 at 10:00 PM
I am not one of the V-10, which I would imagine has since grown, but I do support you guys and gals for doing what others aren't. You are putting your money where your mouth is. Way to go! Keep up the good work.
posted by twodaysoldrndirt on Jan 8, 2008 at 08:32 PM

THEMIS and southtexas, it is obvious that you totally support the DA in his quest to dominate the local law enforcement community, will you continue to blatently support him when the criminals he is currently to go free on nothing less than a PR bond viantly assualt and injure the members of this community?  Will you stand and be accountable for their actions as the proper course of action for our DA?

When that day arrives, I do not think we will be hearing much from either of you, but I won't be bothered by your absence.

posted by darlins64 on Jan 8, 2008 at 08:15 PM

Shurlee and the rest of the "Victoria Ten" -  WTG on getting an attorney!  I know it was a long and frustrating process and it's only yet begun.  I'm proud to know that there are people in this County who will stand up for JUSTICE!  Even if the case IS dismissed, at least all you guys TOOK ACTION!  I hope that Mr. Tyler will begin seeing that the people who elected him are unhappy, and will back off of this affidavit b*l*s*i*t..... The People want to see justice.... the People want to see criminals taken off the street ..... people want to respect those who enforce and uphold the law!!!!!  Mr. Tyler, please do your job!  The officers really ARE doing their job!!!!!  Don't minimize the hard work they do!

posted by ShureleeUJest on Jan 8, 2008 at 07:38 AM

 

VBB,

>"was Dexter out of town?  I heard he never refused a case?? "<

Now that's funny!

posted by victorianbybirth on Jan 8, 2008 at 02:33 AM
P.S. - I was surprised to hear no local attorney would talk to ya'll...was Dexter out of town?  I heard he never refused a case??
posted by victorianbybirth on Jan 8, 2008 at 02:31 AM

Shurelee et al, Congratulations on the progress so far!  IMO regardless of the outcome you all stood up for what ya'll believed in, which is more than I can say, and you brought a very serious issue to light.  The people in Victoria can see that they actually do have a say in what happens to their town.  With the article in todays paper about upcoming mediation maybe you have made an impression on Tyler & will make him do something, anything, which would be better than what he is currently doing.  Keep up the good work & keep us posted!  Looking forward to some good in 2008. 

 

posted by CitizensForRemovalOfTyler on Jan 7, 2008 at 11:44 PM
Tyler's day of reckoning is drawing near . . .   How soon can we expect this to happen? Get him out before the Blackwell and Ratcliff trials, pleeeeze!
posted by GoodKnight on Jan 7, 2008 at 12:43 PM

UrbanAngel,

  We fondly call these nitwit-twit-types, "Copneverwillbees" and he must of been rejected from some Rent-A-Cop security company. Just look, Barney only has his junior officer's badge. The good citizens know Barney is a Tyler/Sider and a lame one at that. Tyler needs to show him the law about impersonating a Police Officer . . . ha ha ha ha ha ...

posted by urbanangel on Jan 7, 2008 at 11:22 AM
VPDcop, why are you using that name? You are obviously not one of them. It is insulting to say the least.
posted by ShureleeUJest on Jan 7, 2008 at 09:00 AM

 

Let's see if we can figure out who VPDcop is.

Could it be Tyler's inspector, "The Watcher'?  naw, he ain't literate enough to know about tilting at windmills....

Or how about "Atticus Finch" himself, since he really believes he's the top cop in town?

Maybe it's themis, at least he's educated enough to recognize the name Cervantes but often mis-spells words - it's spelled Quixote by the way  ( maybe he thinks of himself as Dulcinea).

Suggestion to Tyler supporters:  If each one of you would post comments supporting him under ten different names, it would appear as if he had a ground swell of support.

Oh well.....hohum.....yawn.....zzzzzzz

posted by VPDcop on Jan 7, 2008 at 08:37 AM
    Reading the comments of the Victoria Tinhorn Ten with their tin badges, tin ears, and ten minutes of fame is like reading the funny papers.  The perp of this recall charade and his alter egos here have ripped the pages right out of Cervantes book Don Quiote de la Mancha about a knight-errant fool and his dull-witted companion Sancho Panza going about tilting at windmills they believe to be ferocious giants.
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