No. 2021-0219C-CV IN THE MATTER OF THE IN THE DISTRICT COURT REMOVAL FROM OFFICE OF CLAY COUNTY, TEXAS. HONORABLE JOHN SWENSON 97% JUDICIAL DISTRICT ORDER ON PETITIONER'S REQUEST FOR CITATION ‘NOW COMES the Court to consider the Petitioner's Request for Citation in this Cause. In ruling on said Request, the Court takes judicial notice of the contents of the file of this cause, and finds that the First Amended Petition for Removal of John ‘Swenson from the Office of Justice of the Peace, Pet. 1, Clay County, Texas, is not in compliance with the requirements of §87.015(a), Texas Local Government Code, and farther that, as a result of such non-compliance, the Court lacks jurisdiction of the alleged cause of action for removal. ‘Accordingly, the Court hereby DENIES the Petitioner's Request for Citation, and under the requirements of §87.016(c), Texas Local Government Code, finds that the Petition must be dismissed. IT IS THEREFORE ORDERED that the Petition herein is DISMISSED, and it is further ORDERED that Petitioner bear all costs of the filing of said petition. a Aig Judge Presiding FILED Saaz JAN 13 2022 a By DEPUTY. Signed this 13" day of January 2022. 2/30 FILED Cea No_202/= 02/9 CLV bec 18 202 oy IN THE MATTER OF THE § IN THE DISTRICT COURT REMOVAL FROM OFFICE OF § CLAY COUNTY TEXAS HONORABLE JOHN SWENSON § 97™ JUDICIAL DISTRICT Ast Amended PETITION FOR REMOVAL OF JOHN SWENSON FROM THE OFFICE OF JUSTICE OF THE PEACE, PCT. 1, CLAY COUNTY TEXAS NOW comes William J. O'Malley, a citizen of Clay County Texas, who has resided within the County of Clay for more than six months and is not currently under indictment, seeking the removal from office of J.P. Pct. 1, Clay County Texas. This suit is brought pursuant to the authority granted to a citizen under Chapter 87 of the Texas Local Government Code. L John Swenson should be removed from his office because he is incompetent and has engaged in official misconduct as defined in the Texas Local Government Code. Without limiting the generality of the foregoing, John Swenson is currently engaging in a personal, political war with other elected officials and has falsified several government documents during his political war to include falsely using the DA's office and an accused felon’s name as if they asked or submitted a motion for the JP to act (attached 1 and 2). He has held illegal courtroom proceedings without any pleading documents and has even held ex-parte probate hearings, usurping the County Court’s authority over such matters (attached 3). He has made false criminal complaints against both elected and appointed County Officials (attached 5) and has furthermore refused to honor legitimate record requests that are subject to disclosure under rule 12 even after being directed by the OCA (attached 4). Petitioner further seeks the immediate suspension of John Swenson, as authorized, because of the extreme hardship his conduct, or lack thereof, has caused innumerable people . Along with suspension, Petitioner seeks the appointment of a person as J.P. 1, Clay County, Texas, pending further order of this Honorable court. WHEREFORE premises considered, Petitioner requests that John Swenson, Respondent be served with a certified copy of this Petition against him, and that the Court call for a hearing on the suspension of John Swenson, and for such further relief, including his permanent removal from office after a final trial and for all other relief to which Petitioner may be entitled. Reghectfully submitted, [L-1¢- Deel William J. O'Malley Henrietta, TX 46365 Alrerthé / & ‘THE STATE OF TEXAS § IN THE JUSTICE COURT (COUNTY-WIDIE JURISDICTION) esa i PCT.10F ‘ : § ELDON QUEST GRIDER § CLAY COUNTY, TEXAS ‘ORDER OF CONTINUANCE On this data the court considered the Diatilet Attorney's Motlon to Continue the Current Setting for Heating On Conditions of Beil in this émuse, curently set for Devember 3, 2021. ‘The Court fiids that the motion should be Granted, “IT I$ ‘THEREFORE ORDERED that the above ‘Styled aiid shiutibered camso is Contifiued and is reset for hearing on December 13, 2021, at 2:30 Pam. in thé Cla County Courthouse Antex, 214 N, Malt, Henrietta, Texas, Signed this 264. day of Nevembe 2021. & NO. 3P-2021-169 x. STATE OF TEXAS § INTHEJUSTICE CouRT ist § (COUNTY-WiDE JURISDICTION ELDON QUEST GRIDER i CLAY COUNTY, TEXAS considering the evidence on fle and finding thatthe Sate doesnot oppose the Motion, its the Court's determination that the Motion should be GRANTED, ‘The court also finds that there i no legal authority forthe bond previously st by the Sheriff of Clay County, Texas. The exact date of the Sheriffs bond setting cannot be determined, since the Sheriff refised to produce the bond documents previously requested by the court. oS) Defendant's Contact Information: Address Phone eae No. _1-2021-025 THE STATE OF TEXAS § INTHE JUSTICE COURT § COUNTY-WIDE JURISDICTION § _ SITTING AS A COURT OF INQUEST COUNTY OF CLAY § CLAY COUNTY, TEXAS ORDER FOR CUSTODY OF PROPERTY (On this date, the court considered the Request for Custody of Property Belonginie to Lloyd Paul Goad, Deceased, requested by Landon Paul Goad (Son of the Decedent). Said property being located at Henrietta, Texas. The court considered the ~ tai evidence, and determined thatthe court had jurisdiction, Therefore the Court renders the following order: IIS ORDERED that the personal property, any vehicles and the residence at Texas, belonging to Lloyd Paul Goad (Deceased) shall be released to the custody of Landon Paul Goad, son and text of kin of Lloyd Paul Goad (Deceased), pending any probate proceedings. This order supercedes any prior order in this matter. “'stenep ox _OcVeloer Qie a. caus werd yur ight e- requentor and the poble nfematonprocdared, apie by this governmental body you tay review tke gavernmental od te Government'Code Yau com int adatona Puc Ifarwatton Act reiereeron de Oi af te Ageaney ‘General's website at Mp: terasatorneygenetalgeviopen goverment. Requestor Contact Information dney Last Name; Hamilton Company/Organization: Clay County Sheriff's Office ‘Mailing Address: 215 W. Gilbert City:, Henrietta Sint: Texas, Zip Code: 76008 E-mail:Address: rodney hamilton@co.clay,bx.us Phone Number; 940-538-5611 Preferred Manner of Written Communication: E-mail a Description of the Informiation Requested (Nove: Deseribe ths information ws preczly at you cin) ‘am asking forthe ammount of cations Ut were tured in, each month, i Fogards To the cy of Fanaa jurisdiction and thé Clay County jurisdiction. in those. citations | need to know which citations were prosecuted 3d which talons were not prosecuted. also need the amount of fines that were recelved on each secution, [wil need the defendants name, and entifes, on all cations that ware dropped or not secuted along with each name, and identifiers, on the citations that were prosecuted. ‘Date Range (optional): From: 1/1/2021 to: 12/6/2021 Under ‘the Public Information Act, some categories of information do not have to be released, Exceptions. io disclosure fall imo two general categories: 1) mandatory exceptions: that make information confidential’ ond require a govemmental body to withhold information, and 2) discretionary: exceptions that allow “but do not require a govémumental body to withhold inform: ‘You may find {information about mandatory ‘and. discretionary exceptions HIER! In most instances, a governmental body is required fo request a decision from the Attommey General in order to ‘withbold: information from a requestor. However, a requestor may permit a goveramental body to redact information without requesting an Attorney General decision. You are not required to:agree (othe redaction of any information responsive to your request, but doing so may streamline the handling of yout request. If you ‘agtee to redactions in this request, then you may request the redacted information ina future information request, ‘+ Do you agree tothe redaction of information that is subject to mandatory exceptions, provided such. redactions are clearly labeled an the information you received? No + Do you agree to the redaction of information that is subject to discretionary exceptions, provided such redactions are clearly labeled on the information you receive? No INFORMATION PREFERENCES: ‘+ How would you like to have the information provided? Covies ‘+ Havailable, do you wish to receive un electronic copy of the information? Yes a Pleuse Note: If the information requested is unclear or if 2 large amount of infarmaiion ie requested you may be contacted to discuss elerifylag or narrowing your request. There may be charges associated wih production of te requested information, You may find more information regarding the charges under dae Public Information Aut HERE Exhibit A mmm Justice of the Peace County-Wide Jurisdiction, Clay County, Texas Joe S Office: 940)538:652) Fan: (40/264 161 Cindy Davis, Justice Court Clerk Johin Swenson, Justive of the Peace Cara Willis; Justice Court Clerk. 215 Ni Main *P.0 Box71 Janey King, Justice Court Clerk enews, Texas 76365 i December 8, 2021 Clay County Sheriff's Departmen By emai! 2c,rddney hamilton@co.clay.tx.us Attn: Chief Deputy Rodney Hamilton 215 W. Gilbert Henrietta, Texas 76365 Re: Your Texas Public Information Request Form. received December 7, 2021 Dear Chief Hamilton, i ‘The Public Information Act does not apply to the judiciary, Government Code § 552.003; 552.0035. However, | processed your request as a request for judicial case files, and deny the request forthe following reasons: 1) the files you requested are not maintained in the format you requested; and 2)the court finds that this request is being filed for an improper reason: as retaliation for ‘a pending criminal action, initiated by this court against Steriff Lyde. i ‘You may appeal this decision by filing a mands.zizs action, ‘John Swenson Justice of the Peace” * Record Custodian ‘TEXAS PUBLIC INFORMATION ACT INFORMATION REQUEST FORM _ tie piveramenil body y2u' mayteviey ihe ‘pivcrnmental body! hoe fequied whder accion S685 of the Government Code.” You can fad addidowal Publle Taformation Act retourtes on the Office of the Attorney ‘General's webslte at hetp:/ivwwcexasaturneyeneral gviopen-goverument. ‘Requestor Contact Information First Name: Rodney ‘Last Name: Hamilton Company/Organization: Clay County Sheriff's Office Mailing Address: 215 W. Gilbert City: Henrietta State: Texas 2ip Code: 76008 E-mail Address: rodney,hamilton@co.clay.tx.us. ‘Phone Number: 940-538-561 Preferred Manner of Written Communication: E-mail a i Description of the Information Requested (te: Describe the information as precisely as you can.) ‘4m asking forthe amount of citations that were lured In, each month, n regards to the oly of Henvietla jon and the Clay County jurisdiction. in those citations I need to know which citations were prosecuted Which ottatons Were not prosecuted. | zlso need the amount of fines that were recelved on each - ion. {wil eed the defendants name, and identifiers, on all cations that were dropped or not along with each name, and identfers, on the ctations that were prosecuted. Date Range (optional): From: 1/4/2021 to: 12/6/2024 Under the Public Information” Act, some categories of information do not have to be released, Exceptions to disclosure fall into (wo general categories: 1) mandatory exceptions that make information confidential and require'a governmental body to withhold information, and 2) discretionary exceptions that allow but do mot require @ govemmental body to withhold information, You may find information about. mandatory and discretionary exceptions HERE. Jn most instances, 2 governmental body is required (o request a decision from the Attomey General in order to ‘withhold information fom a requestor. However, a requestor may permit a goveramental body to redact * {nformation without requesting an AMomney General decision, You are not required to agree (o the redaction of ‘any information responsive to your request, but doing so may streamline the handling of your request. If you agree to redactions in this request, tien you may request the redacted information in a future information request. + Do you agree to the redsction of information thet is subject co mandatory exceptions, provided such redactions are clearly labeled on the information you received? No + Do you agree to the redaction of information that is subject to discretionary exceptions, provided such redactions are clearly labeled on the information you receive? No INFORMATION PREFERENCES: ‘* How would you like o have the information provided? Copies ‘+ [favailable, do you wish to receive an clectronic copy of the information? Yes a Pease Note:-If the information requested is unclear o if large amount of information is requested you may be contacted to diseus clarifying or narrowing your request. There may be charges associated with production ofthe requested information, You may find more information regarding the charges under dhe Public Information Act HTERE, Exhibit _<_ Te. tars ‘Attached you will find an email from Scott Gibson who.{s the assistant general counsel for Texas Office of Court Administration. | am re-submitting my request to get the information from your office. ‘Thu 12/9/2021 17:11 AM Daar Chlet Deputy Hamilton, Scott Gibson So S ‘The JP Is correct that records ofthe jucielal branch are not subject to the Texas Public Information Act and court case records are not subject to Rule 12 of the Texas Rules of Judicial Administration (the Judlelal equivalent of the public Information act). However, that does not mean that court case records are not subject to publle disclosure - court records are public under the common law so long as they are not sealed or privileged or confidential under the common law or some other law making the information privileged or confidential, The reason or motive for seeking the information should not be a consideration in whether the information will be disclosed. Regards, Scott Gibson ‘Assistant General Counsel Texas Office of Court Administration 512.463.1461 Prvachel 5 Justice of the Peace i of 2 ‘John W- Swenson, Jr.Jistice ofthe Pence 214 N. Main /PO Box 71 Cindy Davis, ustice Court Clerk Henrietta, Texas76365 Cara Wills, Justice Court Clerk ‘Office: (940)538-6531 Janey King, Justice Court Clerk Fax: (940)264-4161 December 14, 2021 Hon, Seth C. Slagle Via Fax: 940-538-5567 ‘Clay County Attorney 111 S, Main Henrietta, Texas 76365 RE: _ Complaint Regarding Chief Deputy Rodney Hamilton, Clay County Sheriff's Department Dear Mr. Slagle: | request that your office investigate en incident involving Chief Deputy Rodney Hamilton ofthe Clay County Sheriff's Department. On December 7,2021, a3:30 pm, a SherifP's Department clerk personally delivered a Texas Public Information Act Information Request Form (PIA) to me at the Justice ofthe Peace Office. was informed at that time by the Clerk, that Chief Hamilton had ‘made that request, Note for the record, that Sheriff Lyde’s live press conference was on-going at this time, ‘The PIA’ Request, attached as Exhibit.A, requested numerous élassifications for every citation, approximately 3,300, filed in the Justice Court end Municipal Court during the current calender year of 2021. 1 responded by letter on December 8, 2021, advising Chief Hamilton thatthe ‘PIA does not apply to courts, and that I was processing the request as a request for judicial records, Further, 1 informed Chief Hamilton that his broad request for records was denied as well as. informing him that he had the right to appeal by filing a mandamus action. Note: I was mistaken in this response, traffic citations are “court case records’. On December 10, 2021, a second request addressed to Cindy Davis, Court Clerk, was delivered by a Sheriff's Department clerk, who also stated that the request was from Chief Hamilton, ‘That request was received by the JP on December 13, 2021. Affer re-examining the matter it is my belief that this act by Chief Hamilton fits into two possible categories, and both are illegal: 1) If thisis an official investigative tool by the sheriff's department, there must be legal authority or a complaint to initiate such investigation, Specifically, as is the case, when it involves the Justice of the Peace as a witness in the pending criminal prosecution of the Sheriff; and 1 2) If this is a personal request by Chief Hamilton, it, therefore, would be illegal to use sheriff's departmental resources to further his agenda, Zor’e As'stated the PIA request was delivered to the Justice of the Peace simultaneously as the Sheriff held anews conference. In same news conference, Sheriff Lyde blamed actions of the Justice of the Peace for his indictment. ‘This appears to be a coordinated effort of oppression, intimidation and possibly witriess tampering. This Court believes an investigation is necessary to deter further ‘illegal action by the Sheriff's Department in general as well as Chief Hamilton, who apparently has violated the law in this specific matter. Very truly yours, John Swenson, Justice of the Peace i: -Exhibit A: _ PIA Request from Chief Hamilton, received 12-7-2021 Justice of the Peace letter to Chief Hamilton PIA Request from Chief Hamilton, received by JP on 12-13-2021 x6: Hon. Casey Polhemus, 97 Judicial District Attomey, cascy,polhemus@co.montague.ts.us Hon. J. Staley Heatly, 97 Judicial District Attomey Pro Tem, sheatly@co.wilbarger.0x.ts Aarvckue A JUSTICE OF THE PEACE left PCT. 1, CLAY COUNTY, TEXAS 214N. Main / PO Box 71 Henriets, Texas76365 Offic: ($40)538-6531 Janey King, Justice Court Cle Fax: (940)26444161 September 13, 2021, Hon. Staley Heatly By Fax to 940/552-9630 Special Counsel, 97" Judicial Distriet RE: Complaint Regarding the Sheriff of Cley County, Texas Dear Mr. Heatly: OnSeptember 8, 2021 the Sheriffof Clay County, Texes, failed tonolify me of an inattended death that occurted in Clay County, as required C.C.P. Art, 49.07 (6). (b) A peace officer who has been notified of the death of a person whose death requires an inquest under Article 49.04 of this code shall immediately notify the Justice ofthe peace who serves the precinct in which the body or body part was found, ‘The Sheriff's Department did contact the county judge, who performed the inquest atthe ‘scene and then turned the case over to me the next day. ‘The justice of the peace is required to determine the manner and cause of death, and complete the medical portion of the death certificate. Not calling the justice of the peace to the death scene, severely limits his investigation. __, 1am requesting that an investigation be conducted to determine if this was an intentional, criminal act by the Sheriff. This is only a Class C Misdemeanor, but may also be retaliation o official oppression. If your office does not have jurisdiction in this matter, can you please refer me to the proper agency, Very truly yours,