IN THE NAME AND BY AUTHORITY OF

THE STATE OF TEXAS:

I, Randall Kelton, hereinafter referred to as "Complaint," under penalty of perjury, do state that I have personal knowledge I have good reason to believe and do believe based upon the following information:

After trial, while being held in solitary confinement in the Cherokee County  jail, Defendant prepared a second motion to disqualify Judge Fletcher.  Defendant had repeatedly requested a notary to verify the document but none was made available to Defendant.   After waiting several days it became apparent that no notary would be made available so, on the 21^st day of October 2011, defendant presented same to the jailers at the Cherokee County Jail.  Defendant’s radio show co-host, Deborah Stevens,  had sent a letter explaining how an inmate could swear to the document without a notary, but that letter was never given to Defendant and was returned to Mrs. Stevens. 

On release, Defendant was given a package containing the Motion to Disqualify Judge Fletcher and other documents intended for the courts.  As soon as Defendant was released from custody,  about 2:30 in the afternoon on the 25^th day of October 2011, Defendant went to the Cherokee County legal library in the Cherokee County Courthouse and prepared the second Motion to Disqualify Judge Fletcher and an Amended A Motion for a New Trial.  By the time the documents were ready it was 4:58 P.M., so Defendant was unable to secure a notary before the clerk closed, so Defendant filed the motion without verification. 

Defendant was scheduled to appear before the court on the 27^th day of October 2011 for a hearing on one of the contempt charges issued by Judge Fletcher.  Before the hearing, Defendant filed with the court a notarized copy of the Motion to Disqualify Judge Fletcher.

At the hearing held on the 27^th day of October 2011, Defendant was presented with a notice of denial of Defendants’ second Motion to Disqualify Judge Craig Fletcher.  Said notice was signed by the head administrative judge of the district, Judge John Ovard.  As referenced above, Defendant had already filed a motion to disqualify Judge Ovard, therefore, Judge Ovard had no power to rule on Defendant’s second Motion to Disqualify Judge Fletcher and the ruling was void on it’s face.  Judge Ovard had a duty to forward the motion to the Chief Justice of the Texas Supreme Court, Judge Jefferson. 

Rule 18a Recusal and Disqualification of Judges

 (g)   Duties of Regional Presiding Judge.

   (1)   Motion. --The regional presiding judge must rule on a referred motion or assign a judge to rule. If a party files a motion to recuse or disqualify the regional presiding judge, the regional presiding judge may still assign a judge to rule on the original, referred motion. Alternatively, the regional presiding judge may sign and file with the clerk an order referring the second motion to the Chief Justice for consideration. 

Judge Ovard ruled on a motion when Judge Ovard was disqualified. 

Rule 18a Recusal and Disqualification of Judges

 (f)   Duties of the Respondent Judge; Failure to Comply.

   (1)   Responding to the Motion. --Regardless of whether the motion complies with this rule, the respondent judge, within three business days after the motion is filed, must either:

      (A) sign and file with the clerk an order of recusal or disqualification; or

      (B) sign and file with the clerk an order referring the motion to the regional presiding judge.

Since Judge Ovard was the one disqualified, the only person left to rule on the motion was the Chief Justice of the Supreme Court.  Judge Ovard, being learned counsel, had constructive notice of his disqualification as the clerk of the court was commanded by law to forward said notice to him. 

Rule 18a Recusal and Disqualification of Judges

 (e)   Duty of the Clerk.

   (1)   Delivery of a Motion or Response. --When a motion or response is filed, the clerk of the court must immediately deliver a copy to the respondent judge and to the presiding judge of the administrative judicial region in which the court is located ("the regional presiding judge").

The act by Judge Ovard of denying Complainant’s motion to disqualify, regardless of the presence or lack of grounds, was in direct violation of Rule 18a, and, thereby, had the effect of denying Complainant in the due course of the laws in violation of TxPC Section 39.03 (supra)..  (see Criminal Affidavit Section HH attached)

Therefore,  I charge that heretofore, and before the making and filing of this complaint, on or before the   26^th day of November 2011, in Cherokee County and State of Texas, John Ovard did then and there unlawfully and willfully exert an authoirty not granted to him by the Legislature and in the proess denied Complainant in Complainant’s right to the due course of the laws of the State of Texas,  in an act of Official Oppression as defined by  Section 39.03 Texas Penal Code.   

Notary Stamp

________________

Randall Kelton

113 S. Allen St.

Boyd, Tx 76023

5213 430 4140