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:
Prosecuting attorney, Craig
Caldwell, abused his discretion by failing to recuse himself and cause to be
appointed an attorney pro tem in accordance with TxCCP Article 2.07:
Art. 2.07. ATTORNEY PRO TEM.
(a) Whenever an attorney for the state is disqualified to act
in any case or proceeding, is absent from the county or district, or is
otherwise unable to perform the duties of his office, or in any instance where
there is no attorney for the state, the judge of the court in which he
represents the state may appoint any competent attorney to perform the duties
of the office during the absence or disqualification of the attorney for the
state.
In as much as Complainant had filed criminal allegations
against Cherokee County Attorney, Craig Caldwell, he had a ministerial duty to
disqualify himself from the instant proceedings and petition for the
appointment of an attorney pro tem to hear the complaint by Evans. By the acts
of Caldwell, it must be construed that Caldwell violated a law related to his office
for the purpose of denying Complainant in the due course of the laws in
violation of TxPC Section 39.03(supra) (see Criminal Affidavit Section T
attached)
Therefore,
I charge that heretofore, and before the making and filing of this complaint,
on or before the 26th day of November 2011, in Cherokee County and
State of Texas, Craig Caldwell, did then and there unlawfully and
willfully fail to recuse hmself from a prosecution in which he had a
personal interest, in an act of Official Oppression as defined by Section
39.03 Texas Penal Code.
_________________
Randall Kelton
113 S. Allen St.
Boyd, Tx 76023
5213 430 41450