Let's Allow the Legal System To Do It's Job
by luvbug
 Resignation May Be Passing Premature Judgement
May 04, 2009 | 1593 views | 13 13 comments | 32 32 recommendations | email to a friend | print | permalink

In the image of democracy, it would behoove all of us, those convinced Judge Fowler has wronged the citizens of Upshur County and those who are still waiting on the investigation to tell "the rest of the story", to refrain from trying this man in the news media.  I do agree that he had business dealings and friendship with someone who has been tried and convicted of injuring numerous people either financially, emotionally, or both.  But, until all the facts are known, none of us can, in good faith, say that he is guilty, worthy of public attacks, or call on him to resign.  I will personally wait to make my final decision about Judge Fowler's public business dealings and the business of the county court, when I know all the facts surrounding the case, or at least all of the facts that can be made available to the public. 

Now, I would like to address the issue of whether the District Attorney's office was justified in following up on facts uncovered in the investigation of Robert Bennett, as was the main implication in the article in April 29, 2009 issue of The Mirror.  I would first like to question how "feelings about the case" from Attorney Todd Tefteller are prudent or relevent to anything and argue that this is not objective journalism.  Objective journalism is making the facts, and nothing but the facts, known to the public for their information, protection, and benefit. Interviewing an attorney who collaborated with some other attorney's as to whether this investigation is right or wrong, or  is"partisan politics", is just the opinions of others who might do themselves better to watch quietly on the sidelines. You know the old saying "the squeaky wheel gets the grease", well....that's all I will say about that.  I do not know how much "partisan politics" are involved, but I will bet everything I own on the fact that the "good ole' boy politics" have a lot to do with it. Judge Fowler is one of them, an old friend, high-school buddy, and attorney and this unidentified group of "Upshur County attorneys are disgruntled" because it might hit a little too close to home. 

I don't know how "the people pushing this investigation are being politically opportunistic" since the Texas Rangers are not influenced by small-town, 'partisan politics'. None of the Texas Rangers are "original Gilmer"ites, and they don't give a la-te-da about who is doing what, with whom, or where they are doing it, as long as it is LEGAL!  Now, when you start "toeing the line" between legal and illegal, they get very interested in your business, especially when you hold a public office. When Billy Byrd was elected to office (I helped put him there and I am proud of it!) he took an oath that he would do his best to protect the lives, rights, priveleges and property of all the people of this county to the best of his ability and in an impartial manner.  Not to mention that his State Bar License to practice law upholds him to a standard to which he is obligated along these same lines.  All the attorneys in Upshur County should know the obligations to which their licensure holds them accountable, unless they are licensed to practice law by a different State Bar of Texas than Billy Byrd!!  You think not??  I don't either.  Billy Byrd is an honest man doing honest work, sometimes against monumentous odds.  He has the duty to prosecute the most evil, vile child molestors to the small time drug dealers and users, but he also has a duty to impartially, without prejudice, completely, and thouroughly, investigate or have investigated, all, not just some, not just the mean, bad, poor, dirty, unemployed people, but ALL cases where there has been the potential for illegal activity or misconduct.

Yes, Mr. Tefteller, you said it right when you referred to Jefferson Davis and Robert E. Lee, two of the most intelligent, upstanding men in the Confederacy. The words of Jefferson Davis fit this situation perfectly, like sunshine on a spring day, 'the hardest thing about being a public servant is {indeed} bearing the criticisms of the ignorant.' You and the other attorneys who have convicted District Attorney Byrd are, in fact, ignorant of the duty and obligation he has to all citizens of this county, rather than solely to those who can afford to fund your exorbitant fees.  Upshur County had a lame duck DA who refused to prosecute anything and now we have someone who doesn't let the county politics dictate or intimidate him. What the "policital opportunists" really want in Upshur County is a "dancing chicken" who will only perform when the fire is lit under his feet and he is told who and what to go after.

Let's not prematurely convict either of these men of any wrong until the investigation is finished and all the facts that can be made public are indeed aired.  District Attorney Byrd and Judge Fowler should both continue to do the right thing with the performance of their duties as they have pledged to the citizens of this county.

Comments
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sunkist
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May 12, 2011
I also applaud Billy Byrd for trying to clean up Upshur County. He's looking out for us. But who allowed Mike Smith to stay one the payroll for one and a half years when he could not work. Is this same benefit accorded to all employees of Upshur Co.? Also, I heard his wife only worked a couple of days out of the months and she was paid full salary. While we continue to pray for him and his family for his full recovery, I can't help believe that this is cronyism. Looks to me that a precedent has been set and should be afforded to all if it was to these. What about the mother with the sick child that works here or the guys on the road crews with a sick wife? What about the lady that kept his office functioning all this time? Was she compensated?
andy1962
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December 31, 2010
FROM CHANNEL 7 KTLV NEWS and the KLTV NEWS WEBSITE: DECEMBER 30, 2010



News Story is at: http://www.kltv.com/global/story.asp?s=13762305#



Three Upshur County Officials were charged with official oppression and abuse of official capacity by a grand jury.



Sheriff Anthony Betteron, Judge Dean Fowler, and precinct 3 Commissioner Lloyd Crabtree all turned themselves in after they were charged.

These charges stem from the Upshur County Commissioner's court ending public comments at meetings.



KLTV has also learned that Upshur County Judge Dean Fowler cast the tie-breaking vote to once again, allow public comment at meetings.



For weeks, residents taped their mouths shut in silent protest during the meetings. Some even wore their disgust with the rule on their sleeves, wearing shirts that read "Can you hear me now?"



Public comment will be allowed at the next meeting, but two new commissioners are expected to join the court after the first of the year.



______________

"Sheriff Anthony Betteron, Judge Dean Fowler, and precinct 3 Commissioner Lloyd Crabtree all turned themselves in after they were charged."

I just checked the Upshur County Judical Records, not any of the 3 were booked in or mug shots taken. If your charged, you have to be arrested and if your arrested you have to be booked in. Are these 3 being given special treatment? I and the rest of the citizens of Upshur County would like to know why these three seem to have been given very preferential treatment. What does the newspaper have to say about this?

Calvin Monasco
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April 18, 2010
LOOK AT

Upshur County Bad to the Bone

on the Gilmer Mirror Blog.

You can contact me at

calvin_monasco@yahoo.com
Fed up
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November 08, 2009
So when is the nest election. I want to nominate Anonymous for County Judge. You rock!
adeletwo6789
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November 05, 2009
They may have done thesis | theses | thesis writing some good work on this caes, but for the most part I don't think much of "Judge Parish" because of all of her personal biasis, she's not a fair judge in the court room

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Call it as I see it!
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September 08, 2009
This idiot paid Robert Bennett twice and he tried to blame it on his trust of people. He needs to blame it on his being a lazy good for nothing and not having the common sense to keep records. Sorry, he may have been cleared of some questionable activity because of some legal loopholes, but he's still an incompetent that needs to find a lower level job than he's already doing. Trash collector comes to my mind. He doesn't have to think much so he's 100% qualified.
anonymous
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September 06, 2009
I wonder if anyone checked into how judge Fowlers brother in law got the county insurance bid a while back??? Too close don't you think? Wonder what the other insurance agents in town thought about him "winning" the bid?
anonymous
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July 19, 2009
I've got a joke for you,

What's the difference between a lawyer and a catfish? One's a scum sucking bottom dweller and the other is a fish.
Fed up
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July 18, 2009
OK, he received "referral money" and for attorneys it's considered legal. For other people, for instance,a doctor, to receive referral money is "illegal." Funny there's a difference in legalities between the two. One cares for human life, the other..... Yet, both are treated differently. But, the law was written by those in the legal profession, so I guess that is the answer. A better point is that Fowler signed documents to pay the attorney in question thousands of dollars that he was not due. Now if you or I had signed documents that paid someone thousands of dollar,s and it was in error, we would be fired. Everyone has glossed over the fact that Fowler is asleep at the helm and did not verify information before signing off on these payments. Who is over Fowler and why have they not reprimanded him for this gross oversight on his part. He's being paid to do a job and he has clearly screwed up here. His boss should take the money out of his check. He should resign from his position. By the way, why is an attorney working in a little county judge position that does not require a law degree? Maybe the oversight on paying the attorney is a start as to why he is doing this meger position rather than practicing law as an attorney full time. Something is still not right here........
drama_n_a_small_town
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June 06, 2009
Ok, it's not uncommon for lawyers to give referral money when another lawyer sends them a client. As DA Byrd has said and it's not the money, it's something else. As for the money, it has been said that 37 thousand and some odd dollars and cents were checks paid to Fowler, including referral money, if that is really the case how do we know or not know that 36 thousand and some odd dollars and cents was the actual referral money. Let's not make assumptions and use what we as citizens know about the case. Luvbug is right, the Texas Rangers do not care what you are doing as long as it's legal. If Judge Fowler deceides to resign then that's his business, but until then he is innocent until proven guilty, and if you have a hard time understanding that then maybe you should go back to your 7th grade history class ad learn it.
anonymous
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May 18, 2009
The Texas Rangers don't waste time on small town judges unless there's something fishy going on. Gilmer has been fishy for years so it's about time someone buried this stinking mess once and for all.
luvbug
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May 06, 2009
This is another comment from someone who is not paying close attention to the details known. DA Byrd has already told The Mirror that there are other issues at hand seperate from the referral money. I suggest you read the articles again and I hope you are dealt the same courtesy you have given Judge Fowler!
Tired of it.
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May 06, 2009
It's clear Fowler has already done wrong by taking "REFERRAL MONEY" from an attorney that served in his court. The question is what level of wrong has he done. Get rid of him. He's a bum.