Ellis County District Attorney Patrick Wilson has filed the paperwork officially entering the removal case against Dallas DA Susan Hawk.
Wilson is representing the state in the case after being tapped early last month to join the lawsuit by Dallas County commissioners. In doing so, Wilson has officially "taken control of the lawsuit on behalf of the public" as the law requires, according to the filing.
"The primary objective of the pleading is to establish my clear and sole authority to act in this matter," Wilson said in a statement.
The paperwork asks Bexar County State District Judge David Peeples, who has been appointed to preside over the case, to issue a citation so that the case can proceed. It is expected that he will do so.
It will ultimately up to Peeples to determine if the removal case against Hawk should continue. Peeples can decide to either let it to a trial by jury or dismiss it.
Wilson's filing also asks for a pretrial hearing for scheduling and discovery.
Among those things Wilson wants to discuss during that hearing is "discovery of the defendant's medical, psychiatric, psychological treatment records and records concerning her prescribed medications – all of which concern essential elements of this ouster action since her medical and psychiatric/psychological condition are in issue in this case."
Dan Hagood, Hawk's attorney, said the filing is routine and that all sides had agreed to its contents.
"We expected it," Hagood said. "This is a very anticipated, noncontroversial expected event."
Hagood described Wilson as a "honorable public servant whose discharging his obligations under the law."
A seldom-used provision of the law allows anyone to file the suit seeking to remove an elected official such as Hawk. In this case, Cindy Stormer, a former high-ranking prosecutor who was fired in September, filed the lawsuit against Hawk alleging that Hawk had committed financial misdeeds and is not fit to do the job because of mental instability.
But the law had a fail-safe mechanism in that in order the lawsuit to continue a public official –namely, Wilson – had to agree to join the case.
"Individual citizens have no right to maintain an ouster suit without being joined by a proper state official," the filing states.
Mark Haney, the attorney representing Cindy Stormer, released the following statement:
"We have always believed this to be a just case. We are pleased that the Ellis County District Attorney sees it the same way. We believe the best interests of the citizens of Dallas County will be served by removing Ms. Hawk from office. We believe that Ms. Hawk's inability to discharge her responsibilities jeopardizes the safety of the citizens of Dallas County due to the adverse impact her actions and mental incapacity have on the prosecution of crime in Dallas County. While Ms. Hawk has made many public appearances to try and explain her condition, she should have been truthful with Dallas County voters prior to the election. She knew she was in no condition for the job, but failed to be truthful about her condition, and she continues to be absent and unable to perform the duties of the job. She needs to either step aside or be removed from office. While we have empathy for her and others with similar conditions, we are pleased she is getting help. In our opinion, due to her condition, she does not need to be in a position making life and death decisions about others."
Since taking office in January, Hawk's tenure has been marred by a series of controversial firings, allegations of paranoid, bizarre behavior made by some of those ousted employees and her admission that she lied about seeking in-patient treatment for prescription drug use while running for district attorney.
In July Hawk disappeared from work, leading to intense speculation in the courthouse about her whereabouts. Members of the media were told that she was on "summer break." It wasn't until the media reported on her absence that Hawk acknowledged that she was seeking in-patient treatment for serious depression. She also took one month of unpaid leave.
Hawk was ultimately away from work for more than nine weeks. She returned to work in early October.
In a prior interview with News 8, Hawk has called the effort to remove her "ridiculous" and has denied any misconduct. She also acknowledged suffering from bouts of paranoia. She said that if she hurt anybody "along the way, it certainly hasn't been intentional."
"The reason why I went and got help, it was not for this job, it was for my life," Hawk told News 8 in October. "I would step down if I couldn't do it. I know the difference between being well and not being well."
Since returning to work, Hawk has embarked on a systematic effort to rebuild her reputation. She has appeared in court when a man was set free from prison after 28 years due to faulty "bite mark" evidence, helped prosecute a murder case, announced a new program to help low-level offenders and mentally ill defendants.
Hawk took office Jan. 1, 2015. She said this week that she intends to seek reelection when she is up for election in 2018.
