GALVESTON — A lawyer who accused a judge, who is under an attorney general’s probe, of possibly abusing his official capacity has been fined $25,000 by the same judge.
The May 6 sanctioning of attorney Greg Enos combined with an order removing him from a divorce case is the latest action from County Court Judge Christopher Dupuy, who has ordered fines and sought jail time for his detractors.
Enos sent a December complaint to the Galveston County District Attorney’s Office, claiming he had circumstantial evidence that Dupuy used county equipment or software to provide legal assistance to his fiancee. Enos represented the father in a child custody dispute.
In January, Criminal District Attorney Jack Roady confirmed the investigation of Dupuy on whether he violated the state’s penal code on abuse of official capacity. The following month, Roady stopped accepting complaints against Dupuy, opting to forward them to the office of the attorney general.
Dupuy was elected judge of Galveston County Court at Law No. 3. in a 2010 Republican landslide. He has denied a laundry list of allegations against him, saying they’re politically based.
Joe Haralson of the Texas Rangers and David Glickler of the attorney general’s office are part of the investigation of Dupuy. Haralson, Glickler, Roady and a spokesman for the attorney general’s office declined to comment on the probe.
On May 6, Dupuy issued a nine-page order disqualifying Enos from a divorce case and fining the attorney $25,000. Without a hearing, Dupuy claimed that Enos misrepresented facts in seven different family law cases.
Dupuy also accuses Enos of violating disciplinary rules of professional conduct for lawyers and of having a history of lashing out against judges when he doesn’t get his way in court.
Dupuy claims Enos sought publicity from The Daily News and discussed a sealed case. Dupuy also commented on Enos’ eye movement.
“Mr. Enos is well-known for rolling his eyes as his sign of courtroom disobedience and disrespect, an act that rarely is cited in official transcript records,” Dupuy claims.
Enos is bound by a lawyer’s creed, procedural and conduct rules, Dupuy states.
“Mr. Enos is ethically bound not to seek out the media in order to try his cases in the newspapers,” Dupuy states. “The Constitution guarantees parties the right to a fair trial before a judge or jury, not the right to be tried in or by the media.”
Dupuy claimed Enos disrupted parties’ rights to a fair trial by speaking to The Daily News.
Dupuy also blames Enos for misleading Judge Barbara Roberts of County Court at Law No. 2. Roberts, the county court administrative judge, who transferred the divorce case involving Enos from Dupuy’s court after Dupuy refused to recuse himself and forward the matter to an administrative judge for a hearing.
Roberts reversed her order after learning she didn’t have the authority to transfer the case.
Enos, however, didn’t ask her to intervene, Roberts said.
Dupuy ordered Enos to appear for a hearing on the sanction, but the judge was a no-show. Dupuy’s order states Enos appeared in the courtroom with a news reporter, and Dupuy claimed that conduct is inconsistent with proper professional behavior.
Enos’ conduct tends to bring the authority and administration of law into disrespect or to impede, embarrass or obstruct the court, Dupuy claims.
Dupuy ordered Enos to pay the $25,000 sanction to Lone Star Legal Aid before June 3.
Enos told The Daily News that in January he sent a newsletter calling for the judge’s removal.
“Within weeks, he tried to hold me in contempt of court without notice, hearing or evidence,” Enos said.
“This month, I send out my newsletter predicting Dupuy’s criminal and civil problems will come to a head this month and within days he disqualifies me from a case and fines me $25,000 without notice, hearing or evidence.”
Enos said he intends ask an appeals court to reverse Dupuy’s order.