Clay County sheriff’s suspension listening to delayed as protection requests new decide

Clay County sheriff’s suspension listening to delayed as protection requests new decide

Clay County sheriff’s suspension listening to delayed as protection requests new decide

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HENRIETTA, Texas — A suspension listening to for embattled Clay County Sheriff Jeffrey Lyde was delayed Tuesday by his protection legal professional’s last-minute movement to have the decide eliminated.

Extra:In push to boot him from office, Lyde faces suspension hearing

Randall D. Moore filed the movement at roughly 12:05 p.m. forward of the listening to scheduled for 1:30 p.m. to find out if Lyde could be suspended from his official duties. Courtroom proceedings did not start till about 2:09 p.m. due to one other occasion.

The movement to recuse seems to query 97th District Choose Jack McGaughey’s impartiality concerning this case. It contends the decide has private data associated to it, is a key witness for the case and was an advisor to the sheriff.

On the coronary heart of the Moore’s justification for eradicating McGaughey is an e-mail Lyde despatched Sept. 13 to Clay County Hospital Board members, warning them of prison enforcement in the event that they attended a gathering he believes would have violated open conferences legal guidelines. There was no assembly since a quorum did not type.

Moore contends McGaughey gave the sheriff authorized recommendation about whether or not the assembly could be lawful.

With this movement filed, McGaughey can both voluntarily recuse himself or permit the area’s administrative decide to rule on the case. Choose David Evans presides over the Eighth Administrative Judicial Region.

As soon as the movement is settled, a brand new date shall be set for a listening to to contemplate suspending the sheriff, appointing a brand new one and making a short lived restraining order into an injunction till the civil case towards Lyde is settled.

Verify again with for extra on this growing story.

Throughout the lower than 10-minute proceedings for the petition Tuesday, McGaughey stated he was extending the restraining order towards Lyde via Jan. 31.

Afterward, Moore stated he got here into possession of knowledge Monday evening that resulted in his submitting the movement for recusal Tuesday.

The restraining order prohibits Lyde from retaliating towards his employees members.

The 97th District Courtroom was packed forward of the listening to Tuesday afternoon. It was standing room solely till members of a brand new grand jury panel have been sworn in and briefed by the decide on their duties.

Each occasions have been inadvertently scheduled on the similar time. The decide convened a listening to on the petition to take away Lyde at about 2:09 p.m. Tuesday.

A petition to take away Lyde from workplace as sheriff was submitted in civil courtroom by native legal professional Frank Douthitt, in addition to 97th District Lawyer Casey Corridor and Clay County Lawyer Seth Slagle.

Trish Choateenterprise watchdog reporter for the Occasions File Information, covers schooling, courts, breaking information and extra. Contact her with information ideas at [email protected] Her Twitter deal with is @Trishapedia.

This text initially appeared on Wichita Falls Occasions File Information: Lyde’s suspension hearing delayed as defense requests new judge

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