Published: September 10, 2008 11:51 pm      

Former county judge claims no possession

Former County Judge Joe Bobbitt has signed and returned to Hunt County officials an affidavit relating to a Freedom of Information (FOI) request filed by the Herald-Banner in June with the county pertaining to missing county documents.

The missing documents pertain to the construction of the Hunt County Justice Center along with other county records.

The signed affidavit, a copy of which was obtained by the Herald-Banner, states that Bobbitt no longer has in his possession the documents described during a Feb. 25, 2008 deposition.

Bobbitt stated on May 22, 2008 in a taped interview with the Herald-Banner that he took only personal documents when he left office in December, 2006. However on May 29, Bobbitt’s attorney handed over to the county a box of county court documents covering a 7-year span saying that Bobbitt said he had accidentally taken with him when he left office.

In addition, Bobbitt testified in a sworn deposition, a transcript of which has been obtained by the Herald-Banner, relating to a potential lawsuit over shoddy construction at the Justice Center, that as judge he kept county records in a filing cabinet in his office and when asked if he left the files when he left office, answered, “No, I took them with me.”

Bobbitt added that other documents were destroyed.

Those answers prompted the Herald-Banner to contact the Texas Attorney General’s Office for clarification. Texas Assistant Attorney General Thornton Wood advised the Herald-Banner to file a FOI request with the commissioners, seeking all county documents which may still be in Bobbitt’s possession; as the documents are still owned by the county.

The commissioners voted 3-0 with Ralph Green abstaining to request the documents from Bobbitt. Green said that he could not vote for the matter because he had been a close personal friend for 14 years with Bobbitt.

According to state law, knowingly or intentionally destroying or alienating of local government records or intentionally failing to deliver records to a successor in office is a Class A misdemeanor.