Newly Elected Sheriff
KarmaCalling

United States

#106 Dec 1, 2012
I told yall that this would happen..bc jennifer refuses to file charges, then Peavy can sit back and say nothing happened to warrant further action. And now that Billy resigned, if a Ranger came in, he can refuse to give a statement. It would have to be taken to a grand jury to make him..same for Bruce Hays. The only real hope is now resting on any petitions that may come up to get rid of Billy..but if the citizens want someone like this to lead their county and are ok with this obvious corruption, then you will have no one to blame but yourselves for allowing it to happen..You have a voice and a vote..
LawDawg

Brownwood, TX

#107 Dec 2, 2012
You will find no relief in filing a chapter 87 Local Govt. Code petition to remove an elected official for a couple of reasons. The petition is prosecuted by the county attorney, if and only if, the visiting judge allows citation to issue. That's not going to happen because it is impossible to remove a sheriff from office who is only the sheriff elect and has not been sworn in. Grounds for removal such as incompetence, misconduct and intoxication have to occur while the elected official actually holds office. That will not occur until January 1, 2013.

Another misconception is that the Texas AG's office and the Texas Rangers can jump in and investigate/prosecute anything and anybody when ever they want. That's not true, unless their assistance is requested by the DA or county attorney.

There is NO OVERSIGHT of any DA in the State of Texas... period. Not the AG, not anyone execpt the voters at election time. Yes, the system is broke and the Legislature knows it, but refuses to fix the problem completely although there is some progress.

The only thing that will work is 50 folks showing up at the DA's office and demanding an investigation by an outside entity who is not paid with a Stephens County check. DA's generally respond to public pressure.
Man Breckenridge

Arlington, TX

#108 Dec 2, 2012
warriorheart wrote:
<quoted text> EVEN IF they were living together...he attacked an on duty officer...he was DRUNK, beligerant, combative AND armed...he should loose his carry permit, and peaceofficer license. thank GOD hays is gone...only a dozen more felons on the payroll to get rid of.
Billy Wade does not need to be in Office come January 1st. He should be ashamed enough to just get out of town and stay out. Just think not to long ago the new City Manager gave the officers a 6% raise. There are some on the force that care, we are better off with those two gone.
Now enough Hell needs to be raised to keep that kind of man out of Office!
Please Explain

Euless, TX

#109 Dec 3, 2012
LawDawg wrote:
You will find no relief in filing a chapter 87 Local Govt. Code petition to remove an elected official for a couple of reasons. The petition is prosecuted by the county attorney, if and only if, the visiting judge allows citation to issue. That's not going to happen because it is impossible to remove a sheriff from office who is only the sheriff elect and has not been sworn in. Grounds for removal such as incompetence, misconduct and intoxication have to occur while the elected official actually holds office. That will not occur until January 1, 2013.
Another misconception is that the Texas AG's office and the Texas Rangers can jump in and investigate/prosecute anything and anybody when ever they want. That's not true, unless their assistance is requested by the DA or county attorney.
There is NO OVERSIGHT of any DA in the State of Texas... period. Not the AG, not anyone execpt the voters at election time. Yes, the system is broke and the Legislature knows it, but refuses to fix the problem completely although there is some progress.
The only thing that will work is 50 folks showing up at the DA's office and demanding an investigation by an outside entity who is not paid with a Stephens County check. DA's generally respond to public pressure.
LOCAL GOVERNMENT CODE

TITLE 3. ORGANIZATION OF COUNTY GOVERNMENT

SUBTITLE B. COMMISSIONERS COURT AND COUNTY OFFICERS

CHAPTER 87. REMOVAL OF COUNTY OFFICERS FROM OFFICE; FILLING OF VACANCIES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 87.001. NO REMOVAL FOR PRIOR ACTION. An officer may not be removed under this chapter for an act the officer committed before election to office.

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

This does not say the officer must be sworn in to office to be removed. It states anything prior to election to office can not be used. Which the incident in question occurred after the officer was elected. Do you have some additional knowledge to back up what you're saying? Not trying to bash you and I don't doubt what you're saying is true. I am just curious?

Also I may be wrong but I believe that due to our CA involvement with the Sheriff elect and his campaign. I think that it would be a conflict of interest for our CA to represent the state. I feel that in the interest of justice he would need to excuse himself from the proceedings.
KarmaCalling

United States

#110 Dec 3, 2012
Agreed..
LawDawg

Brownwood, TX

#111 Dec 3, 2012
Please Explain wrote:
<quoted text>
LOCAL GOVERNMENT CODE
TITLE 3. ORGANIZATION OF COUNTY GOVERNMENT
SUBTITLE B. COMMISSIONERS COURT AND COUNTY OFFICERS
CHAPTER 87. REMOVAL OF COUNTY OFFICERS FROM OFFICE; FILLING OF VACANCIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 87.001. NO REMOVAL FOR PRIOR ACTION. An officer may not be removed under this chapter for an act the officer committed before election to office.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
This does not say the officer must be sworn in to office to be removed. It states anything prior to election to office can not be used. Which the incident in question occurred after the officer was elected. Do you have some additional knowledge to back up what you're saying? Not trying to bash you and I don't doubt what you're saying is true. I am just curious?
Also I may be wrong but I believe that due to our CA involvement with the Sheriff elect and his campaign. I think that it would be a conflict of interest for our CA to represent the state. I feel that in the interest of justice he would need to excuse himself from the proceedings.
There is no directly on point case law for this particular situation. That is, some act committed by an elected official between the time of election and his swearing into office. The most current case law regarding removal and the "forgiveness doctrine" is probably the Bazan case. You can read that case at this link. http://scholar.google.com/scholar_case...

There are multiple problems in this situation. The first problem is that at this point in time there is no law enforcement report that spells out that a crime was committed to the extent there is probable cause... especially a felony that, if convicted, results in automatic removal. There is nothing official at this point to whether probable cause exists to whether a misdemeanor or felony was even committed. It's all speculation and that is, for good reason, not good enough to move forward.

The second problem is there is no visiting district judge who will issue citation in a chapter 87 removal if the county attorney, who is the only person statutorily authorized to prosecute such a case, is not involved in filing the petition on behalf of a county resident from day one. Anyone in the county can file the petition, but without the county attorney leading the way literally... the petitioner is 100% out of luck.

Does the county attorney probable have a conflict... he probable does, but to get him disqualified it takes more than a hunch.

Unless the DA moves forward on an investigation that demonstrates probable cause the folks in Stephens County can attend the reception for the new sheriff. He will be sworn in and he will be the king... like it or not. That is just the way it is. The law is not always fair or just in the eyes of many.
NoOpinion JustTheFacts

Weatherford, TX

#112 Dec 3, 2012
I find it very disconcerting that everyone jumps to conclusions to crucify George Billy Wade III!
Just because he drinks too much in public you label him a DRUNK!
Just because he assaults a woman in public you label him a WOMANBEATER!
Just because he tells a lie you label him a LIAR!
Just because he doesnÂ’t make good decisions as a cop you label him a BAD COP!
Just because he cheats on his wife you label him a WOMANIZER!
Just because he has dents in his personal and city vehicles you label him a BAD DRIVER!

BY READING THESE POSTS ONE WOULD BELIEVE THAT HE IS A BAD DRIVING DRUNK THAT BEATS WOMEN AND LIES ABOUT HIS WOMANIZING ACTIVITIES AND BAD COP ATTITUDE.
Dj Hendrix

Weatherford, TX

#113 Dec 3, 2012
Why does everyone have to hide behind made up names....just wondering......look everyone has the freedom of speech..yes i do believe something took place and i hope it comes out in the open and we can then move forward..Breckenridge as my home town and many others deserve the truth..just so fed up with cover ups...
Dj Hendrix

Weatherford, TX

#114 Dec 3, 2012
oh by the way not trying to hide from being from breckenridge..don't know y the weatherford town showed up....i'm definately from breckenridge and am proud to sa it....
bad cop

Lockhart, TX

#115 Dec 4, 2012
What about some of the cops letting these drug dealers still Do there thing in town this town is full of. Meth and coke this shit is killing our kids and breaking up familys
little old lady

Galveston, TX

#116 Dec 4, 2012
everything is a mess; thanks to a drunk newely
elected sheriff.who has the clinton syndrome,can't
keep his zipper up!!!!!!!!!
KarmaCalling

United States

#117 Dec 4, 2012
A lawyer in Ft.Worth was contacted about filing a Citizens Petition..I do not have at this time access to the law book, but essentially, you get 1/3rd of registered voters to sign it, then it is taken to the District Judge (bristow), and he decides. That is my understanding of it. There should be one to sign at L&L restraunt and online at www.RemoveBillyWade.com ...i think thats correct, if not i apologize..There is still hope yall.
KarmaCalling

United States

#118 Dec 4, 2012
The petition is a Vote of No Confidence and the web address is www.removebillywade.com Got it right lol...It states exactly why Billy should not be Sheriff or even a peace officer..LawDawg, i take it you are in law enforcement like me.. I understand what you are stating but this was a blatant coverup and the citizens of Stephens county are pissed off. As i have stated before, Billy was intoxicated to some point and this has been confirmed by Ed Russel and Gary Trammel. To what point we may never know bc he was whisked away. Had i acted like that where i am, i would've been taken to jail.And that's just a tad of why everyones ticked..There is such a thing as "professional courtesy " in law enforcement, but geesh!
OUT OF TOWNER

Weatherford, TX

#119 Dec 4, 2012
I don't care for either one, bring someone in to get the job done right and with out being a total jerk. And leave the tax payers money alone...( Dan )I work very hard for my money and don't like him using it for his family trips...Sorry, how I feel!!!
little old lady

Galveston, TX

#120 Dec 4, 2012
OUT OF TOWNER wrote:
I don't care for either one, bring someone in to get the job done right and with out being a total jerk. And leave the tax payers money alone...( Dan )I work very hard for my money and don't like him using it for his family trips...Sorry, how I feel!!!



what family trips are u talking about????
KarmaCalling

United States

#121 Dec 4, 2012
I know Dan Young and his family very well..If you are referring to the Sheriffs Conventions then you are misinformed. That convention is attended by most sheriffs wives and children. The wife and children must pay a seperate fee, out of pocket, and for their meals not paid for by the Sheriffs Association, out of pocket. There are activities for the wives and kids. There are other conventions as well and its standard to bring your wife /significant other. Im damn certain Dan Youngs never used County funds for any private gain. This rumor has been thrown around by Jeremy Blackmans dumb a** who has no clue. You must be a female beating, womanizing, drunk Billy Wade supporter, so id accept no less than your ignorance in this situation. Get back "Out of Towner " where you obviously belong.
LawDawg

Brownwood, TX

#122 Dec 4, 2012
KarmaCalling wrote:
A lawyer in Ft.Worth was contacted about filing a Citizens Petition..I do not have at this time access to the law book, but essentially, you get 1/3rd of registered voters to sign it, then it is taken to the District Judge (bristow), and he decides. That is my understanding of it. There should be one to sign at L&L restraunt and online at www.RemoveBillyWade.com ...i think thats correct, if not i apologize..There is still hope yall.
There is no statutory authorization for what you suggest. None and no attorney anywhere in Texas would advise anyone such a scheme exists because it doesn't. The only way to removal an county official which is authorized by law is a removal proceeding under Local Govt. Code, chapter 87. In in such a preceding the local district court judge is disqualified by law to preside. He has to request a visiting judge to sit on the case.

You are getting your hopes up for nothing. Sorry, but the law can be very unfair. That's the harsh reality.
Rachel T

Dallas, TX

#123 Dec 4, 2012
LawDawg wrote:
<quoted text>
There is no statutory authorization for what you suggest. None and no attorney anywhere in Texas would advise anyone such a scheme exists because it doesn't. The only way to removal an county official which is authorized by law is a removal proceeding under Local Govt. Code, chapter 87. In in such a preceding the local district court judge is disqualified by law to preside. He has to request a visiting judge to sit on the case.
You are getting your hopes up for nothing. Sorry, but the law can be very unfair. That's the harsh reality.
What about a recall election? Breck has a home rule charter,
Rachel T

Dallas, TX

#124 Dec 4, 2012
not sure if it states anything about recall elections, because I have not found anyone who knows what ours says yet.
LawDawg

Brownwood, TX

#125 Dec 5, 2012
Rachel T wrote:
<quoted text>
What about a recall election? Breck has a home rule charter,
There is no state statutory recall provision for elected county officials such as a petition drive with "x" number of signatures and then a vote at the ballot box. Any recall provision found in the City of Breckenridge charter applies to the mayor and city council only.

You can review the city's charter and its recall provision at this link... http://www.municode.com/Library/TX/Breckenrid...

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