Ruling in Fitzgerald’s Dismissed Cases

LIBERTY, September 24, 2009 – Judge Patrice McDonald found in a ruling filed yesterday that Judge Don Taylor reinstated the cases dismissed by County Judge Phil Fitzgerald on December 31, 2008. Those cases are now before Patrice McDonald visiting judge who is hearing those cases. One of the defendants in the case objected to the courts power to reinstate the cases once dismissed by Judge Fitzgerald.

Today Judge Patrice McDonald made a ruling on this issue finding that neither the Presiding Judge nor the Regional Judge had assigned the case to Judge Fitzgerald as required under the Texas government Code.

There is no evidence that Judge Taylor had exchanged or otherwise transferred the case to Judge Fitzgerald and that Judge Fitzgerald was therefore without authority to act in this case.

Therefore the December 31, 2008 Order of Dismissal by Fitzgerald was void.

Further the Court took judicial notice of the Court’s prior finding that Judge Fitzgerald was not qualified to be assigned to the Liberty County Court at Law and that Fitzgerald’s dismissal orders were void.

Documents issued Today...

Judge McDonald's Order

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