• IN THE NAME AND BY AUTHORITY OF

  • THE STATE OF TEXAS:

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  • 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:

  • On the 23rd day of April 2010, Complainant filed a motion to disqualify the presiding judge stating that the Honorable Judge Craig Fletcher had an interest in the cause.  Since Complainant had filed criminal allegations against Judge Fletcher, the judge could be subject to criminal prosecution based on testimony Complainant could give to the grand jury. 

  • The constitutional right to due process of law entitles a person to a neutral judge [see    Marshall v. Jerrico, Inc., 446 U.S. 238, 242, 100 S. Ct. 1610, 64 L. Ed. 2d 182 (1980) ]. While most matters relating to judicial disqualification do not rise to a constitutional level, in the instant case, where the judge has been accused of crime by the Complainant, the case can be considered extreme and warrants disqualification on the basis of bias and prejudice and is, therefore, constitutionally required [see    Aetna Life Insurance Co. v. Lavoie, 475 U.S. 813, 820-821, 106 S. Ct. 1580, 89 L. Ed. 2d 823 (1986) (due process violated because of judge's direct interest in case)]. 

  • The Texas Constitution prohibits judges from deciding cases in which they are interested [Tex. Const. art. 5 § 11]. 

  • No judge shall sit in any case wherein he may be interested, or where either of the parties may be connected with him, either by affinity or consanguinity, within such a degree as may be prescribed by law, or when he shall have been counsel in the case. (emphasis added)

  •  The prohibition applies when the judge knows he or she has an interest in the subject matter in controversy, whether of an individual or fiduciary nature [Tex. R. Civ. P. 18b(1)(b)].

  • Disqualification. Judges shall disqualify themselves in all proceedings in which:

  •  (b) they know that, individually or as a fiduciary, they have an interest in the subject matter in controversy;  (emphasis added)

  • In the context of disqualification, interest is defined narrowly. As the Texas Supreme Court has stated, "it is a settled principle of law that the interest which disqualifies a judge is that interest, however small, which rests upon a direct pecuniary or personal interest in the result of the case presented to the judge or court" [  Cameron v. Greenhill, 582 S.W.2d 775, 776 (Tex. 1979) ;  Spigener v. Wallis, 80 S.W.3d 174, 179, 181 (Tex. App.--Waco 2002, no pet.). 

  • Judge Fletcher had a ministerial duty to recuse himself from the instant cause.  By failing to do so, Judge Fletcher denies Complainant in the due process right to a fair jurist in the first instance and thereby, violated TxPC Section 39.03(supar).   (see Criminal Affidavit Section Z  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 Fletcher, 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.   

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  • Notary Stamp

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    ________________

  • Randall Kelton

  • 113 S. Allen St.

  • Text Box: VERIFICATION By the signing of this document I, Randall Kelton, do swear and affirm that all statements made herein are true and accurate, to the best of my knowledge and belief . SWORN TO AND SUBSCRIBED BEFORE ME, ________________________________, on the __ th day of November 2011, which witnesses my hand and seal of office. Notary signature: _________________________________ Boyd, Tx 76023

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