Appeals court denies Gossom's request to stop investigation into his conduct

Gossom

An appeals court has denied Wichita County Judge Woody Gossom's request to shut down and prohibit an investigation into whether he improperly obtained state stipends, according to court documents. 

At issue are salary stipends from the state of $25,200 annually for 2016 through 2018, as well as statements that Gossom signed to receive them, court records showed.

The court's opinion, issued Monday, was two sentences long and did not provide an explanation for the denial.

Gossom said he was somewhat surprised about the court's denial, but his lawyer felt he needed to seek the legal remedies possible before it was past time to do so. 

He did not know where or when a hearing in which both sides present their case would take place.

“I kind of hope we can get this set fairly soon because this has been a lot of wear and tear on everybody," he said.

The inquiry was on pause until the Second Court of Appeals in Fort Worth ruled on Gossom's request, court records showed. 

The justices issued their opinion before Gossom's attorney -- which the county is picking up the tab for with taxpayer dollars -- responded to a salvo from two Tarrant County prosecutors appointed to assist in the investigation, according to online records for the Second Court of Appeals. 

More:County Judge Gossom under inquiry for alleged salary discrepancy

Gossom is accused of signing affidavits to obtain the salary stipends for judicial duties he didn't perform, court documents showed. 

In the affidavits, he swears that at least 40 percent of the functions he performs as county judge are judicial, which is a requirement to receive the stipend, according to court records. 

Gossom has said his salary from the county has been about $100,000 the past few years. 

More:Wichita County Judge Woody Gossom asks appeals court to stop an investigation of him

He has denied the misconduct allegations leveled against him by former 78th District Judge Barney Fudge, who retired Sept. 30. 

Tuesday, Gossom said he would be glad when the issues can be aired, and everyone will have a better understanding of them.  

The investigation underway is called a court of inquiry, and state Senior Judge David Peeples of San Antonio was appointed to preside over it. 

On Sept. 12, Peeples denied a similar request from Gossom to stop the court of inquiry and ordered it to commence, according to court records. 

A court of inquiry is a criminal proceeding that can occur when a district judge who has probable cause to believe an offense has been committed requests it, according to documents filed by Tarrant County assistant district attorneys John W. Newbern III and Joseph W. Spence.  

"At the end of the court of inquiry the presiding judge is left with a singular task, namely, to determine whether an arrest warrant shall be issued," the prosecutors wrote in their response to Gossom's request to squelch the investigation. 

But the case is just beginning, and it is speculation as to whether it will result in an arrest warrant and from there an indictment and trial, the prosecutors wrote. 

Gossom's attorney, James P. Allison of Austin, filed a request to stop the investigation with the Fort Worth appeals court Oct. 4. 

Allison contended Fudge didn't follow procedure or provide "substantial facts" as to why there should be an investigation when he requested a court of inquiry May 29, according to court documents.

Allison also raised the question of whether a court of inquiry can probe an offense "based upon a vague and ambiguous" law, court records showed.

In court documents filed Thursday, prosecutors responded that Fudge's affidavit was sufficient to start the court of inquiry, and Fudge did everything right when he filed his request.

In addition, the prosecutors contend it's premature to raise the question about whether the law is too ambiguous, according to court documents.  

On Aug. 19, the Wichita County Commissioners Court approved a motion to retain counsel to represent Gossom during the court of inquiry, according to a previous Times Record News story

Tuesday, Wichita County Treasurer Bob Hampton said the county has not paid anything for the services of Gossom's attorney as far as he knows, and he did not know the pay rate. 

Hampton referred questions to the county judge. 

Gossom said the county has not yet been billed by the law firm representing him in the court of inquiry, and, as for the pay rate, there are several for the attorneys at Allison, Bass & Magee. 

Wichita County Precinct 1 Commissioner Mark Beauchamp referred a request for information about pay for Gossom's defense to the Wichita County District Attorney's Office. 

The Times Record News has filed an open records request with the WCDAO to obtain information about how much the county is paying for Gossom's legal defense. 

Trish Choate, enterprise watchdog reporter for the Times Record News, covers education, courts, breaking news, politics and more. She loves getting news tips. If you have a good one, contact Trish at tchoate@gannett.com. Her Twitter handle is @Trishapedia