Dupuy was scheduled to stand before a state district judge on July 30 to show cause why he shouldn't be held in contempt for violating the court's gag order. He allegedly commented publically about his removal proceedings.
But the 1st Court stayed that contempt hearing, after Dupuy filed an accelerated petition for writ of mandamus on July 29, alleging the removal statute does not apply to his bench, Galveston County's County Court-at-Law No. 3.
In that petition for a writ of mandamus, Dupuy also asked for an emergency stay of the contempt matter, alleging the trial judge lacked jurisdiction to enter a gag order in the proceeding because he made that decision “without any motion, hearing, notice or evidence,” among other things.
The Texas Attorney General’s Office, which is seeking Dupuy’s removal from the bench, filed a reply in the 1st Court on Aug. 13. The AG’s office argued that Dupuy did not deserve mandamus relief for a variety of reasons — among them that Dupuy asked for the gag order: “Because counsel for Dupuy sought the gag order, Dupuy cannot seek mandamus relief,” the reply states.
Dupuy, who is currently under indictment for two felony and four misdemeanor charges for actions he allegedly took on the bench, is serving a 45-day jail sentence for violating a gag order in his criminal cases.
Dupuy’s civil lawyer, Pasadena solo Wally Mahoney, did not immediately return a call for comment. David Glickler, an assistant Texas attorney general who is representing the state in Dupuy’s civil and criminal cases, could not immediately be reached for comment.
In further bad news for Dupuy, Houston's 14th Court of Appeals also dismissed a petition for writ of mandamus in Dupuy’s criminal cases on Sept. 12.
--- John Council