Attorney criticizes investigation of judge
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A number of Upshur County attorneys are disgruntled over the investigation of County Judge Dean Fowler by District Attorney Billy Byrd.

Todd Tefteller, speaking for them, contacted The Mirror and answered questions about his feelings about the case.

Fowler is being investigated for receiving about $36,000 in payments over several years from former attorney Robert Bennett, who pleaded guilty and was sentenced recently to two years in prison for theft and co-mingling of funds from his clients’ trust fund.

Fowler said the bulk of the money was referral fees and reimbursement for travel expenses for trips he and Bennett had made together.

Byrd said that referral fees are not the issue.

“This latest investigation of County Judge Dean Fowler is really nothing other than partisan politics spilling over from the continuing saga of the Upshur County Commissioners Court, which is being propelled by a county commissioner and an individual intent on running for county judge,” Tefteller said.

“No client of Dean Fowler’s has made any complaint,” Tefteller said. “No attorney practicing in Dean Fowler’s court has made any complaint. No litigant appearing in Dean Fowler’s court has made any complaint.”

He said that “Fowler is at liberty to refer any cases he wants to other lawyers in this or any other county and is able to receive referral fees as any other lawyer has a right to do.

“Any other conclusion would lead to the contorted and absurd idea that a county judge could only refer a case to an attorney he or she never met in the court,” Tefteller maintained. “That simply is not the rule. Most of my clients would prefer that I refer a case to another East Texas attorney in the same specialty field rather than some lawyer nobody knows from Timbuktu, especially when the lawsuit involves a matter that will be litigated in the Upshur County area.”

He said that Texas law “specifically authorizes a county judge to accept a referral fee in exchange for referring a case to another lawyer, so long as the case referred does not involve a case over which the county judge presides.”

He cited as a reference Texas Government Code Section 33.051(f) and Texas Government Code Section 82.064(d) and said “A county judge or county clerk who is licensed to practice law may appear and practice as an attorney at law in any court in any county unless he or she has original or appellate jurisdiction.

“In fact, the case law since 1930 provides that one who holds office as a county judge and who is a lawyer is privileged to practice law in the district court,” he said, citing Shoope v. State, 38 S.W.2d 793 (Tex. Crim. App. 1930)

“Stated another way, a county judge has the authority to practice law in any court or county in this state, except his own court,” Tefteller said.

“The people pushing this investigation are being politically opportunistic,” he said. “Reminds me of the words of Jefferson Davis to Robert E. Lee that the hardest thing about being a public servant is bearing the criticisms of the ignorant.

“I am sure that the District Attorney’s Office will see this for what it is and won’t go chasing windmills and red herrings for these people,” Tefteller said. “Fortunately, we are lucky to be served by a level-headed District Attorney interested in fairness and justice rather than partisan politics, and he is reading the same law that I am.

“If he is reading the same law that I am, I am fully confident this deal will end soon,” Tefteller said.

“That’s not the issue at hand,” DA Byrd said. “There are other issues at hand. I can agree that a judge can take referrals under certain circumstances. I won’t talk about details, out of respect for an ongoing investigation.”

He said that he’s “not putting details out there,” because he doesn’t want the case to be tried in the media.

Byrd said the checks Fowler received led to other matters that he is looking into, and if the need arises, “we’ll take appropriate action.”

Byrd said that, in the course of the investigation of Bennett, they found checks written to Fowler which had no reason cited as to why they were written.

“My hopes are that there is nothing to it,” Byrd said. “My duty involves looking into matters that arose. If we find nothing wrong, I will make it clear to the public.”
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comments (17)
« anonymous wrote on Monday, Aug 31 at 11:26 PM »
Dear Larry:

Perhaps you read in the paper that Fowler paid Bennett twice. Admittedly by his own fault. He "trusted" Bennett. So Fowler is admittedly an idiot, poor bookkeeper and a disaster in the position he is being paid to perform. The taxpayers are not paying this moron to trust people, we are paying him to perform a job and it appears that he is incapable of handling this job which does not even require a high school education. Oops, he has a law degree you say? Then why can't he do a little basic bookkeeping if he was so smart to pass the bar. I think Joe Poole should have paid for him to have gone to somewhere else besides law school, because Joe has clearly wasted his money on him here. Maybe this is why he is playing a small town county judge at about 70K a year versus being a real attorney making a high six figure to seven figure income. I rest may case. Through him out.....
« Larry Monasco wrote on Monday, Jun 08 at 12:23 AM »
I don't understand you people who sound off and wont even reveal your name. How do I know if anonymous is doing his political bidding in hiding. There is a lot of it going around it seems. I state my name and opinion clearly with no mask. Billy Byrd is an idiot and I would very much be willing to say it to his face. The man will charge you in court an not even look you in the face eye to eye. He is as criminal if not more so than the people he charges in court. I say have the DA investigated for wrong doings which he definitly is guilty of. I have seen nothing that makes me feel Judge Fowler has broken any law. The DA, yes, is as political as they come and should no dought be replaced. The very idea of revealing to the press of any ongoing investigation and especially without any prior proof of wrong doing is as political as it gets. OUT WITH BILLY BYRD SAYS LARRY MONASCO.
« anonymous 3 wrote on Friday, May 08 at 10:47 PM »
As to the writer that wrote in and said he has known Fowler all his life and stood by him. That is the problem with Upshur County. People including Judges are riding on the coatails of people they knew all there life or their last names. Its time to change this as more and more people are moving into the county maybe we can reverse this trend that has gone on for years here. Lets all vote and remove the people that are not serving us as they were elected to do.

The reason Mr.Byrd is gettting in the papers so often is that he is bringing this to the forefront and the people are tired of the same old thing. Judges that are easy on criminals just to keep the parole board funded. Start putting thes people away like other states do.

I would love the paper to publish a list of criminals that were put on parole time and time again.
« anonymous wrote on Friday, May 08 at 12:11 PM »
Y'all want to attack attorneys until you need one. Gilmer politics is a disgrace. No one sneezes unless they think theres a vote in it for them.

We got a justice system corrupted by politics. Why is Byrd so busy being in the newspaper like someone said every week since he got elected.

Well I dont think Byrd is any different from the rest of them - hes a political animal looking to make hime self look good. Why I ask is he looking at the next election already?

I agree with the other person unless he is going to announce investigations on everyone he does in the paper he should quit wasting him time writing press releeases and do what he was elected to do.
« Glad to not be there wrote on Sunday, May 03 at 07:31 AM »
Ah, Gilmer and its petty small-town politics.

I've known Dean pretty much my entire life and let me tell you something: he's too SMART to have done anything illegal.

Now, y'all go watch the grass grow and eat some hot links.
« concerned citizen wrote on Saturday, May 02 at 11:28 PM »
Glad that we finally have a DA that is not afraid to take on the local good old boy network.Fowler has lied to people that I know, when a group of them asked if he would back the position of hiring a road engineer he said he would. When it came down to the vote he voted against it. Several of us discussed this over dinner the other night and have decided that the weasel must be voted out if the DA dosen't do it first. Fowler is very dishonest and does what he thinks will keep him in office. Kudos to DA Byrd he has our vote when re election comes around again.

« Vicki R. wrote on Saturday, May 02 at 01:42 PM »
Fowler has been on tv and the newspaper for any little thing he has done. So, he should be use to the press, whether the story on him is positive or negative. Anyway that is part of being in a public position. Very few people that I know think much of him or the job he has done. He just seems to be there drawing a paycheck. If the district attorney is looking into what he has done there must be something fishy in his office. All these attorneys in an uproar over the investigation need to settle down. The district attorney is just doing his job. Maybe it will help his case if he and the other attorneys will get together with the District Judge to do their song and dance routine onstage as they have done in the past for the public. What a joke.......
« anonymous wrote on Saturday, May 02 at 09:15 AM »
Fowler has done his part in making Upshur County the laughing stock of Texas, so he deserves his picture in the paper for having done business with Bennett. You can't tell me he didn't know funny business was going on. After all, he was the best of friends with Bennett-taking trips with him, paying for Bennett's expenses on his credit card, etc. Public servants realize that they will be in the press for WHATEVER they do, so all I can say is that Fowler knew what he was getting into when he took the job. The DA will do his job and he will find out what Folwer has or has not been up to. It may be legal, in the "legal" profession to take money for a referral, but in most others profession it is illegal. Doctor's can't take money for referring you to another doctor as it is said in another blog. Fowler taking money for referrals from an attorney in his court shows Fowler having questionable ethics already. The DA appears to have had a problem with this in the last Gilmer Mirror article. I think Fowler should resign from his office now for creating such a mess. After all, aren't we the TAXPAYERS are paying for the District Attorney to investigate Fowler?
« Gordon Reynolds wrote on Friday, May 01 at 11:34 AM »
Let Mr. Billy Byrd do his job to clear up this matter and where the chips fall so be it. It is about time that the citizens of this county have a DA that will seek the truth and find answers and not just sweep it under the carpet when he believes that some one(s) have broken the law. I have never met Mr. Byrd but I keep up with court reports and see results that come from the office he holds. I am for any man or woman that is tough on crime and keeps on doing their best to make law breakers pay. So I say to Mr. Byrd, continue on and let the critics go on with all the negative words about the way you handle your office, just keep up with your investigation until the truth in this matter is found and any other cases that may come your way.
« Miss Daisy wrote on Friday, May 01 at 10:39 AM »
I do not know the facts. I do know that I have not seen a Mirror without Billy Byrd's name in the headlines since he has been elected.

I remember the article on the gambling, "Gilmer police accompany District Attorney on a raid..." My son is a police officer. Since when do police officers accompany lawyers on raids? I think it is the other way around.
« Concerned Citizen wrote on Friday, May 01 at 10:34 AM »
The Texas Rangers CLEARED him of ANY wrong doing.

Wanna know the difference between the DA investigating a regular citizen and investigating Judge Fowler? When he investigates a regular citizen, he doesn't issue a press release about it.

The problem is NOT that Judge Fowler is being investigated, but the problems lies in the fact that Billy Byrd is now trying to smear Fowler's name in the headlines.

I am not so naive to think that the "system" is looking out for people, so GOOD FOR TEFTELLER for having the gumption to stand up for what is right.
« anonymous wrote on Friday, May 01 at 08:27 AM »
Attorneys like to create witch hunts on people dragging them through all sort of legal tumbles all to help their client, whether the client is in the wrong or right. Most of this is created by the attorney to help increase the fees they will obtain froam their client. Now the witch hunt is on one of their own and they are critical of the District Attorney. Well, I for one am supportive of the District Attorney in this action and am appauled by Tefteller and whomever else wants to be critical of the DA trying to investigate Fowler since he was so closely tied to Bennett for so many years. After all this is the LEGAL system isn't it or do the attorneys want to change this also to fit THEIR needs. Bennett tried to change the system to fit his needs and he was sent to prison. Do I need to repeat this?
« JailhouseRock wrote on Thursday, Apr 30 at 09:38 PM »
Someone said Fowler is an honest man below. Well I was in a courtroom where he openly lied, under oath, to help out someone he knew. So, no Fowler is not an honest man. He's someone that is just looking out for himself and tries to hurt his enemies anyway he possibly can. Robert Bennett went to prison. Fowler has financial ties to him, so he's being investigated. The attorney's of Gilmer would not be squealing like stuck pigs if they were not trying to hide something. The DA would not be investigating unless there's something there. I'm betting there are alot of hidden treasures for the DA to find in Fowler's checking account and other financial records. Who knows the investigation may broaden to many others in the legal ranks of Upshur County. Let's see what happens in the upcoming months. The DA has my vote for having the guts to go against the inbred legal establishment of Upshur County. You may not be popular with the attorneys in town, but you are elected and I'm betting the people of Upshur County will elect you back in for having the guts to stop the good old boy system with one woman at the helm of it all. Bring down the house!
« mustangsallie wrote on Thursday, Apr 30 at 07:47 PM »
I find it very ironic that whenever a public official in Gilmer is put on the chopping block, everyone that is in the legal system starts crab-walking and making excuses. There were many excuses made for Robert Bennett, who obviously, in the eyes of the court was guilty. Mr.Tefteller cannot wait to grandstand for anyone at this point so he too can gain political advancement. Kudos to DA Byrd...finally a DA that cares about Upshur County and the crimes that, up until now, have been swept under the rug.

You will always have my vote!!!
« Paraisera wrote on Thursday, Apr 30 at 06:16 PM »
People know your facts, you are attacking an honest man.It's a political circus.
« anonymous wrote on Thursday, Apr 30 at 01:11 PM »
Attorneys are use to attacking people in court and we all can now see that they don't like it when they are attacked with questions about their activities. The public has to go though these types of issues on a daily basis. The investigations, arrest made, etc. may or not be for legitimate reasons in the end, but nevertheless you have to go through the legal process. Now the process is being thrown at a County Judge, Dean Fowler. The attorneys in town can gripe and moan, but the bottom-line is that the District Attorney is looking into it because there is questionable activity and he is not dropping this matter anytime soon according to the news articles. If Fowler has done nothing wrong then he has nothing to fear. But then again, many of us have had to go to court in Upshur County and have done nothing wrong and then the court goes against us. So, to all the lawyers that don’t think the treatment of the County Judge is fair I say, “Welcome to the real world.” Now you are on the other side of the fence and the justice system in Upshur County is not always fair. The County Judge is getting “judged” by the people he has done “business” with, traveled with, and taken money from. So, there may be a lesson for all of you to learn from here. To all the attorney’s, get a belly-ache in your stomach and bear with the long process like the rest of the public has to do. After all, it is the “legal process” that you practice law under. It’s not a good feeling to have is it? I appreciate you making my day today.
« Jeremy J wrote on Thursday, Apr 30 at 11:31 AM »
Attoney's protecting attorneys what a surprise!!!

If he didn't have anything to hide he would not have lied to the media about the Texas Rangers clearing him. Referral fees for sending a client to another attorney. I interpret that as a "KICKBACK" in any other industry. If he's done nothing wrong then he has nothing to worry about. Evidently the District Attorney sees something going on as he has an investigation that is very active on Fowler. Also, how did a relative of his get the County Insurance business? It may be a small amount over a couple of years, but if its wrong - its wrong!