Hawk's Response To Motion For Temp Removal

PAGE 1
CAUSE NO. DC-15-12517

STATE OF TEXAS, ex rel. CINDY STORMER,
Plaintiff,
IN THE DISTRICT COURT OF
v.
DALLAS COUNTY, TEXAS
SUSAN HAWK, CRIMINAL DISTRICT ATTORNEY
OF DALLAS COUNTY, TEXAS,
Defendant.
101ST JUDICIAL DISTRICT
DA HAWKS RESPONSE IN OPPOSITION TO MOTION FOR TEMPORARY

SUSPENSION AND REQUEST FOR EVIDENTIARY HEARING
DA Hawk files this Response in Opposition to the States Motion for Temporary
Suspension. Of course, the issue of temporary suspension should not, and statutorily may not, be
reached before this Court makes its threshold decision on the issue of citation. But in an abundance
of caution, DA Hawk responds to this motion below and attaches affidavits establishing that she
should not be temporarily suspended. Moreover, because these affidavits establish that DA Hawk
and her staff are promptly and properly fulfilling their official duties to the people of Dallas
County, these affidavits are highly relevant to and should inform this Courts preliminary decision
to deny the issuance of citation. In the event that citation issues, DA Hawk respectfully requests
a full evidentiary hearing before the Court rules on the Motion, and would show the following:
I.
Summary of Argument
In the Second Amended Petition for Removal, the State moves to temporarily suspend the
District Attorney under Texas Local Government Code 87.017. DA Hawk opposes the relief as
both unwarranted under the facts and a misapplication of the Ouster statute.
______________________________________________________________________________
DA HAWKS RESPONSE IN OPPOSITION TO MOTION FOR
TEMPORARY SUSPENSION AND REQUEST FOR EVIDENTIARY HEARING Page 1
PAGE 2
The Court has discretion whether to temporarily suspend an elected official, but the same
policy reasons that caution against the use of the ouster statute for permanent removal should
inform the Courts analysis of the States Motion. Because the will of the voters of Dallas County
as expressed just one year ago would be undermined by the removal of their duly elected official,
the Court should only exercise that discretion upon a clear evidentiary showing by the State that it
is likely to prevail in its case and that harm to the people of Dallas County is imminent if the Court
does not act.
The State has not and cannot carry that burden. First, the State is unlikely to prevail on its
claims on the merits. DA Hawk has shown that the Petition to remove her is legally and factually
inadequate. See Defendants Consol. Mtns. (filed Oct. 19, 2015) and Am. Reply in Support (filed
Oct. 30, 2015). The gravamen of the States case is a stigmatizing and improper attack based on
the notion that individuals suffering from depressive disorder cannot meaningfully contribute in
our society. Applying the Ouster Statute to achieve that end is contrary to our public policy and
is preempted by federal law. If suffering from depression is enough to disqualify a licensed
attorney from being a district attorney, then roughly a quarter of the State Bar is disqualified. See
infra at 7-8.
The remaining details of the States case are makeweight. Allegations and quibbling
criticismsnone of which meets the high standard for ousterappear to have been added to
bolster the mental health attack. Inter-office personality conflicts are not specified causes for
removal, and therefore are not enough to allow disgruntled employees to overcome the will of the
voters.
Second, the State cannot show that there is any imminent danger to Dallas County if the
DA is not removed. The States case is based on the allegations of five terminated employees who
______________________________________________________________________________
PAGE 3
have not worked in the DAs office for months and therefore cannot have any personal knowledge
to support a claim that DA Hawk is currently incompetent or engaging in misconduct. The States
Motion for Temporary Removal of DA Hawk is based on no evidence of the current status of DA
Hawk or her Office. Nor has the State produced any evidence regarding whether DA Hawks
treatment was successful. On the contrary, the DA submits evidence showing that her treatment
has successfully allowed her to promptly and properly discharge her official duties, including the
following affidavits from the current leadership of all of the divisions of the District Attorneys
Office which are attached as exhibits:
Exhibit 1 Affidavit of Messina Pampillonia, First Assistant District Attorney;
Exhibit 2 Affidavit of Kevin Brooks, Felony Trial Bureau Chief;
Exhibit 3 Affidavit of Glen Fitzmartin, Administrative Chief of Division A, including
eleven felony courts;
Exhibit 4 Affidavit of Carmen P. White, Administrative Chief of Division B, including
the Child Abuse Division, the Sexual Assault Division, the Animal Cruelty Division, and
the Mental Health Division;
Exhibit 5 Affidavit of Patrick Kirlin, Administrative Chief of Division C, including the
Organized Crime Division, the Specialized Crime Division, the Gang Unit, and the
Community Response Team;
Exhibit 6 Affidavit of Jeremiah Varney, Administrative Chief of Division D, including
Family Violence Division and six Felony Courts;
Exhibit 7 Affidavit of Kendall Castello, Financial Administrative Chief;
Exhibit 8 Affidavit of Dewey L. Mitchell, Administrative Chief of the Misdemeanor
Division;
Exhibit 9 Affidavit of Lori L. Ordiway, Administrative Chief of the Appellate Division
Exhibit 10 Affidavit of Russel H. Roden, Administrative Chief of the Civil Division;
Exhibit 11 Affidavit of Ellyce Lindberg, Administrative Chief of the Grand Jury and
Intake Division; and
______________________________________________________________________________
PAGE 4
Exhibit 12 Affidavit of Danl Simpson, Executive Administrative Assistant to the District

Attorney and 29 year employee of the District Attorneys Office through 5 different
administrations.
This evidence of those in the leadership of the DAs Office irrefutably shows that since
DA Hawks return from treatment, the Dallas District Attorneys Office is running smoothly and
without incident. See id.
Further, the evidence will show that the DAs office fulfilled all of its required duties, even
when DA Hawk was absent from work and bravely dealing with her medical issues. The State has
submitted no evidence to the contrary, despite its new allegations that DA Hawks absence to
receive treatment was a dereliction of duty constituting gross carelessness or official misconduct.
In this country, we embrace the notion that when one of our fellow citizens gets ill, we support
their efforts to get treatment and applaud their recoveries. Just as it would be contemptible to oust
an elected official who must absent herself from work to successfully undergo chemotherapy for
cancer, it is equally contemptible to try to oust DA Hawk for successfully undergoing treatment
for a mental illness. The only inquiry is whether the Office is fulfilling its duties: it is and always
has under DA Hawk. Temporary removal is inappropriate.
If the Court is even inclined to consider the States request, DA Hawk requests a full
evidentiary hearing to prove to the Court that the DAs Office is functioning in an excellent manner
and that DA Hawk remaining in office presents no imminent harm to the people of Dallas County.
______________________________________________________________________________
PAGE 5
II.
Argument and Authorities
A.
The Court has complete discretion under the Ouster statute whether to temporarily
remove DA Hawk.
The statute vests authority in the trial court to temporarily suspend an elected county
official if:
an ouster proceeding is filed,
citation has issued, and
an appropriate temporary substitute has been appointed and bonded.
TEX. LOC. GOVT CODE 87.017. The decision whether to do so is within the discretion of the trial
court. However, as with the issuance of citation and permanent removal under the Ouster statute,
the Court should act carefully and with full knowledge of the facts, not only the plaintiffs
allegations:
The clear intent of these removal statutes is to require the district judge to give a careful
consideration to the petition of removal and to make such orders in relation thereto as, in
his judgment, acting in his judicial capacity, the exigencies of the situation require.
Morris v. McCall, 53 S.W.2d 667, 668 (Tex. Civ. App.Beaumont 1932, no writ).
A trial courts exercise of discretion in this context should be especially circumspect
because [t]he office[] of district attorney[ is] constitutionally created and therefore
constitutionally protected. The authority of ... district attorneys cannot be abridged or taken away
other than by meeting the constitutional and statutory requirements for ouster after a jury trial.
State ex rel Edison v. Edwards, 793 S.W.2d 1, 4 (Tex. Crim App. 1990) (internal quotes and
citations omitted). In Edwards, the Court held that a trial court lacked jurisdiction or authority to
disqualify the Taylor County District Attorney and his staff from prosecuting a defendant based
on an alleged conflict of interest, because that order constructively removed the District Attorney
______________________________________________________________________________
PAGE 6
from his elected office in violation of the requirements of the Ouster statute. Id. at *4-5(Where
power is granted by statute or constitution to remove a public officer for certain specified causes,
the power of removal is limited to the causes specified.). In exercising that discretion, the Court
should require the State to adduce evidence proving that suspension is necessary to protect the
citizens of Dallas County.
B.
The Courts should apply an analysis similar to injunctive relief.

DA Hawk submits that in deciding the temporary-suspension issue, the Court should apply
ordinary injunctive standards which provide well-developed guideposts for determining when
temporary and restraining relief is appropriate. The temporary suspension itself mirrors injunctive
standards as it requires a bond to be posted to compensate the suspended party, just as injunctions
do, if the ouster grounds are rejected by the jury at trial. Compare TEX. LOC. GOVT CODE
87.017(b) with TEX. R. CIV. P. 684.
The Standards for injunctive relief are:
1.
2.
3.
The Applicant must plead for permanent relief.

The Applicant must show it has a probable right to the relief it seeks on final
hearing.
The Applicant must show that it will suffer a probable injury pending trial
by showing that that (a) harm is imminent and (b) irreparable.
Butnaru v. Ford Motor Co., 84 S.W.3d 198, 204 (Tex. 2002).

1.
The State has pleaded for permanent relief.
The State has met the first prong by pleading the permanent relief of ouster of DA Hawk.
2.
The State cannot show a probable right to permanent relief.
The State cannot meet the second prongshowing a probable right to the remedy of
ouster. The State cannot use 87.013 to oust DA Hawk because she is has suffered from
______________________________________________________________________________
PAGE 7
depression. The Americans with Disabilities Act was passed in response to Congresss finding
that:
[P]hysical or mental disabilities in no way diminish a persons right to fully
participate in all aspects of society, yet many people with physical or mental
disabilities have been precluded from doing so because of discrimination; others
who have a record of a disability or are regarded as having a disability also have
been subjected to discrimination . . . .
The ADA is intended to provide a clear and comprehensive national mandate for the elimination
of discrimination against individuals with disabilities, and to provide clear, strong, consistent,
enforceable standards addressing discrimination. 29 C.F.R. 1630.1(a). To that end, Congress
amended the ADA in 2008 to ensure that the Act is construed broadly in favor of expansive
coverage to the maximum extent permitted by the terms of the ADA. Id. 1630.1(c)(4); see
Defendants Consol. Mtns. at 15-16. Accordingly, federal law preempts the application of any
state statute that would impair the purposes of the ADA. Defendants Consol. Mtns. at 15-16. For
that reason, the Ouster statute may not be enforced to remove DA Hawk from office because she
suffers from depression.
Even if the ouster statute could withstand federal preemption, ouster based on an alleged
mental defect must meet two requirements that are not present here. First, it must not exist at the
time of the officers election and second, it must render the DA unfit or unable to promptly and
properly discharge official duties. Tex. Loc. Govt Code 87.011(2)(C). The State cannot satisfy
either requirement.
It is undisputed that DA Hawk has suffered from depression, dating as far back as 7th
grade. See Jane Thompson, The Untold Story of Susan Hawk, D MAGAZINE (Nov. 2015). Her
situation was well-known prior to her election, including during her campaign for office. See
Sharon Grigsby, Prosecutor's pivot in incompetency case against Hawk spells new trouble for DA,
______________________________________________________________________________
PAGE 8
DALLAS MORNING NEWS (Jan. 6, 2016) (Im also struck, talking to courthouse sources on
background, by how many people saw the kind of unbalanced behavior by Hawk prior to the
election that echoes the stories in the Wirskye-Balido statements.").
Depression is a widespread condition, especially among lawyers. A recent Texas Lawyer
Report cites a study of Washington State lawyers finding 19% had depression and a South Carolina
study citing a 25% rate (with 15% of those committing suicide). See Angela Morris, Life or Death:
Addiction and Depression in the Legal Profession, TEX. LAWYER (Spec. Rept. Nov. 20, 2015); see
also Texas Lawyers Assistance Program (TLAP) website, https://www.texasbar.com/AM/Template.cfm?section=Texas_Lawyers_Assistance_Program1&Template=/CM/HTMLDisplay.c
fm&ContentID=30501 (noting that [l]awyers experience substantially higher rates of depression,
anxiety and suicide than the general population); http://www.daveneefoundation.org/scholarship/lawyers-and-depression/ (study cited by TLAP, noting among other things that
[c]hronic stress can trigger the onset of clinical depression, and that [l]awyers are the most
frequently depressed occupational group in the US because they are 3.6 times more likely to
suffer from depression than non-lawyers, and the finding that, among North Carolina lawyers,
37% suffer from depression and 11% suffer from suicide ideation); American Bar Association
Website, Lawyer Assistance Resource PageDepression link, http://www.americanbar.org/groups/lawyer assistance/resources/depression.html (providing additional information and
resources as well as links to articles dealing with lawyers and depression from Texas, Arizona,
Michigan, West Virginia, Missouri, Utah, and national publications). In fact, all 50 states, the
District of Columbia, Puerto Rico, the Virgin Islands, Canada and England have Lawyer
Assistance Programs. See http://www.americanbar.org/groups/lawyer_assistance/resources/lap_programs_by_state.html (providing links).
______________________________________________________________________________
PAGE 9
Depressive disorders ebb and flow in their severity. The fact that DA Hawks depressive
disorder became exacerbated in early 2015 after a difficult campaign, being elected, taking on a
new job, and having her husband file for divorce is clinically unremarkable.
Regardless, the
exacerbation of her depressive disorders to the point she needed treatment does not change the fact
that the underlying conditions pre-existed her election. As such, they cannot be the basis for
ouster.
Similarly, the State has not proved and cannot prove that the Dallas Criminal District
Attorneys office did not promptly and properly discharge official duties at any time since DA
Hawk took office. See TEX. LOC. GOVT CODE 87.011(2)(C). The firing of personnel within the
DAs office, which forms a secondary focus of the States allegations and evidence, is not a
dereliction of duty. To the contrary, staffing the DAs office is a matter that falls wholly within
the discretion of the elected Criminal District Attorney. See TEX. GOVT CODE 41.102(a),
44.057(b).
The Dallas County Criminal District Attorneys official duties are to attend the terms of
the Dallas County Criminal Courts, exercise control over criminal cases and habeas corpus, serve
as the District Attorney, collect fees, and report to the Commissioners Court. Id. 44.057(a), (c).
But DA Hawk need not conduct each of these duties personallyshe has the power to discharge
her official duties by delegation. The DAs duties may be carried out by the First Assistant District
Attorney or others in the DAs office. Id. 41.015(b). The State does not allege and adduces no
evidence to show that DA Hawk, through her delegates, failed to discharge these duties at any time
since being sworn in. In fact, it is undisputed that DA Hawks First Assistant (Messina Madson)
fulfilled DA Hawks official dutieseither herself or through delegates in the DAs officewhile
______________________________________________________________________________
PAGE 10
DA Hawk was receiving treatment. See Jamie Thompson, The Untold Story of Susan Hawk, D
MAGAZINE (Nov. 2015).
3.
The State cannot show imminent harm from DA Hawks continued service in
her elected position.
Finally, the State has not and cannot establish prong three of the test for temporary relief
showing the likelihood for imminent harm to the office of the DA or the County of Dallas if DA
Hawk remains in office pending trial. As shown in the attached affidavits, the Office of the DA is
in great shape and has been running smoothly since DA Hawks return from medical leave.
The leadership of the District Attorneys Office has sworn under oath that the Office is
running smoothly and DA Hawk is leading it competently. The current leaders are and state the
following, in relevant parts:
Messina Pampillonia, First Assistant District Attorney:
The office has had many transitions in the last year, however, it has continued to
adjust and improve. Even when Judge Hawk was struggling the most, the office
was competently managed. She is able to serve as District Attorney and at no time
did the daily operations falter because of her mental illness. In terms of office
production we have only increased production and efficiency. Jury trials are up
14% from the same time last year, we have reduced cost per disposition by $50 per
case, this means that we have spent $880,000 less than the previous year to dispose
of the same number of cases. Our office has obtained nearly $2 million in grant
funding allowing us to double our Sexual Assault Unit and bring a Protective Order
Attorney and Victim Advocate to the Family Courts to assist Victims' of Domestic
Violence free of charge.
Judge Hawk has been back at the office for over two months. She is an active part
of all decision making and meetingsWe have settled into our professional roles
and the office is running extremely well. We are currently meeting with the
Leadership Staff to set 2016 goals and address how we can assist in their success,
both in their goals and in our expectations of them. Morale is high. While this has
not been a comfortable experience for the leadership team, it has forged a strong
relationship and the office has become closer through the experience. We are now
functioning better than ever.1
Exhibit 1.
______________________________________________________________________________
PAGE 11
Kevin Brooks, Felony Trial Bureau Chief:

I am the Felony Trial Bureau Chief for the District Attorney's Office. In that role I
supervise the ADA's in the 17 Felony District Courts and the 11 Misdemeanor
Courts. I also help in the formulation of Policy and Procedures for the District
Attorney's Office. I have held this position since January 1, 2015. I also was the
Felony Trial Bureau Chief during the first 4 years of the Craig Watkins
Administration. Having served in that capacity for two elected District Attorneys,
I think gives me perspective that others don't have.
I am aware of most of the events depicted in the Balido and Wirskye affidavits.
Despite the personal turmoil among and between Ms Hawk, Mr Wirskye and Ms
Balido, the functions of the District Attorney's Office continued uninterrupted. At
no time were the duties of the DA not performed.
Since District Attorney Susan Hawk's return, I can state unequivocally that the day
to day operation of the office has never been smoother. The morale within the
ADA's is very positive and high. If Judge Hawk were to be removed at this time, I
can't emphasize enough how damaging that would be to operation of that Office
and to the morale of those ADA's in the Court Rooms.2
Glen Fitzmartin, Administrative Chief of Division A, including eleven felony courts:
The State as far as I can tell is relying solely on accounts of Ms. Hawk's behavior
from before her treatment. I am not aware of their attempts to investigate her actions
after her return. The State alleges The prospect of producing evidence against their
employer would undoubtedly place these employees in an untenable position. The
potential for the possibility of such undue influence can be avoided only by the
temporary suspension of the Defendant as requested by the State. To my
knowledge the State has not reached out to any of the current employees to ascertain
the veracity of their own allegations. I know that no one tried to contact me. I was
informed soon after this process began by Messina Madson, the current First
Assistant, that we were free to and encouraged to participate in this process as
needed by anyone involved.
Since her return from treatment, Ms. Hawk is engaging, vibrant and focused. She
had led meetings and attended others contributing where necessary. I watched a
good portion of a murder case she led and noted that she was prepared, legally
sound and very polished. Ms. Hawk has continued to implement programs and
policies she started and promised on the campaign trail. I have seen her deal with
the media and the public in town hall meetings and been impressed with her poise
and ability to communicate effectively the work we are doing here. I am not aware
of the particulars of her treatment plan other than what she has shared with the
2
Exhibit 2.
______________________________________________________________________________
PAGE 12
media. Whatever it is it is working. I believe her to be fully competent to fulfill the

duties of the District Attorney for Dallas County.3
Carmen P. White, Administrative Chief of Division B, including the Child Abuse Division,
the Sexual Assault Division, the Animal Cruelty Division, and the Mental Health Division:
As part of my duties in the Mental Health division, I have been assigned to work
with Judge Hawk to create the SET (Stabilization, Engagement, and Transition)
program. This program was designed as a part of Judge Hawks Reformative
Justice plan. Since Judge Hawks return to the office this fall, she has worked
diligently in creating, planning, organizing and implementing this program. I have
worked with her as she organized the program, hosted meetings regarding the
program, and set the final plans for the program. She has guided me on
understanding the issues that need to be considered in creating and running a
successful SET program. I have participated in meetings where she thoroughly
explained the process of SET and how cases will matriculate through the Mental
Health Division. She has been instrumental in the reformation of the Mental Health
Division. The four divisions that I supervise are functioning at a very high level.4
Patrick Kirlin, Administrative Chief of Division C, including the Organized Crime
Division, the Specialized Crime Division, the Gang Unit, and the Community Response
Team:
I have been with the Dallas County District Attorneys Office since 1987 I was
unaware of any personal conflicts between D.A. Susan Hawk, Jennifer Balido and
Cindy Stormer, but I can say that since Judge Hawk took office, whatever personal
conflicts existed, they did not interfere with the day to operations of the District
Attorneys office.
Sometime in the Summer of 2015 I became aware that Judge Hawk was seeking
treatment for depression. Judge Hawk returned from that treatment in early October
2015. Since that time, the functions of the office and the duties of the District
Attorney continue to be properly fulfilled as they were before.
Since her return, I have interacted with Judge Hawk in administrative meetings and
have found her to be relaxed, aware, articulate, goal-driven and conducts business
in a very professional manner.5
Exhibit 3.
Exhibit 4.
5
Exhibit 5.
4
______________________________________________________________________________
PAGE 13
Jeremiah Varney, Administrative Chief of Division D, including Family Violence Division

and six Felony Courts:
I began work with the District Attorney's Office in 2004 In October 2015, Judge
Hawk asked me to serve as the Administrative Chief of Division D, which includes
the Family Violence Division, and 6 Felony Trial Courts. Since that time, I have
had the opportunity to have many more interactions with Judge Hawk both
personally and professionally. In that time, I have found her to be extremely
engaging, focused, and driven about the goals she has for the District Attorneys
Office.
I have seen her push with passion for initiatives internally and in the community
that I believe will make this Office one of the best in the country. She has been
upfront about any past issues, and I have only witnessed an involved and energetic
leader in the time I have been in an administrative role. Personally, she has always
had kind words and greetings every time I see her. She has on more than one
occasion mentioned our shared background in being from Arlington, Texas, and
has been extremely welcoming in my transition to Administration, making sure to
ask how my adjustment has been. Judge Hawk is both competent and fit to serve as
the leader of the Dallas County District Attorney's Office, and I have enjoyed my
time working with her.6
Kendall Castello, Financial Administrative Chief (Cindy Stormers former position):
In my role as Financial Administrative Chief, I provide advice and guidance
regarding expenditures and purchases made by the District Attorney's Office. The
District Attorney, or any staff member, may approach me to request a specific
expenditure. I then research the expenditure to determine if it is an allowable
expense. This process may involve researching the rules that govern different
financial accounts within the District Attorney's Office. There is nothing
inappropriate or unusual about anyone, including the District Attorney, making a
request. Judge Hawk has followed any advice I have offered regarding
expenditures.
Beginning in June 2015, the District Attorney's Office began escrowing many of
its accounts. This escrow process increases transparency by requiring approval
from the Dallas County Auditor's Office to make any expenditure from an escrowed
account. This was an unprecedented step toward transparency by the District
Attorney's Office. Nevertheless, Judge Hawk has consistently asked about ways to
further increase transparency including an idea to post all expenditures online.
Since her return from treatment, Judge Hawk has been highly competent in her role
as the District Attorney. She has tried a case to a jury, conducted multiple town hall
meetings, established new and innovative diversion and protective order programs,
6
Exhibit 6.
______________________________________________________________________________
PAGE 14
answered questions in Commissioners Court, given numerous interviews to media,

and contributed to or led many meetings. In her current condition she is capable of
leading this office well and desirous of doing so.7
Dewey L. Mitchell, Administrative Chief of the Misdemeanor Division:
I have worked as an assistant district attorney in the Dallas County District
Attorney's Office since March 2003 believe that the Dallas County District
Attorney's Office is currently functioning at a very high level. The assistant district
attorneys are pursuing justice and upholding the laws of the State of Texas with
some of the greatest proficiency and ability that I have seen in my entire career. I
believe the morale of the office to be high. I also believe the administrations focus,
under Judge Hawk's leadership, to be clear and consistent.
My observations of the way cases are being handled, prosecutors are being trained,
and policies are being thought out and implemented have only been impressive. I
believe the citizens of Dallas County are currently being represented with the
highest level of professionalism by their elected District Attorney, Judge Susan
Hawk.8
Lori L. Ordiway, Administrative Chief of the Appellate Division:
From August of1992 until May of 2007, I was an Assistant District Attorney in the
Dallas County District Attorney's Office, exclusively practicing in the Appellate
Division, and from December of 1999 until May of 2007, I served as Chief of that
Division. In February of 2015, I returned to the Dallas County District Attorney's
Office to again serve as Chief of the Appellate Division.
The District Attorney's Office is currently operating at an exceptionally high
level
Since DA Susan Hawk has returned in October from treatment, she has performed
in an exemplary manner. She is a passionate advocate for the District Attorney's
Office; she leads by example, having prosecuted a murder case in which she
obtained a guilty verdict and the maximum sentence allowed by law; she is
supportive to every attorney in the Office, scheduling brown bag lunches with the
newer attorneys in order to get to know them and encourage them on their paths in
the District Attorney's Office; she has given several presentations and had town hall
meetings (that I personally have attended) in which she both speaks about the Office
and listens to the needs and desires of the citizens of Dallas County; she is positive
and warm, yet strong and sure in her identity as the lead prosecutor for Dallas
County; she is absolutely qualified to serve in her position due to her previous eight
years in the Office as an Assistant District Attorney prosecuting countless child
7
8
Exhibit 7.
Exhibit 8.
______________________________________________________________________________
PAGE 15
abuse cases, almost 12 years sitting as the elected Judge for the 291st Judicial
District Court, and her thorough knowledge of criminal law; and, most importantly,
she is immensely dedicated to the District Attorney's Office and serving the citizens
of Dallas County.
I see DA Hawk on a frequent basis, and I can say firsthand that DA Hawk eats,
sleeps, and breathes this Office. She loves her work, and that devotion has made
this Office a model District Attorney's Office that stands as a shining light for
District Attorney's Offices across the country.
Accordingly, I totally oppose DA Hawk's removal from Office. As explained
above, she is passionate about and dedicated to serving as Dallas County's District
Attorney. She inspires those of us who work for her to be like her, that is, to leave
no stone unturned in seeking justice, to protect the victims of crime, and to simply
do what is right. It would be a complete disservice to the citizens of Dallas County
if DA Hawk were removed from Office.9
Russel H. Roden, Administrative Chief of the Civil Division:
In my position as Chief of the Civil Division, I have the opportunity to interact
with, and report to, District Attorney Susan Hawk. After Judge Hawk's return to the
office in early October, I have participated in meetings with Judge Hawk and others
as well as in one-to-one meetings for the purposes of county business. During this
time period, I have also witnessed Judge Hawk address the Dallas County
Commissioners Court on matters relating to various programs and staffing of the
Dallas County District Attorney's Office. In each of the aforementioned meetings
and presentations, Judge Hawk has been attentive and focused on the issues at hand,
has expressed an understanding of the issues, and has provided meaningful and
appropriate decision-making skillsIn each of the instances of which I have
witnessed above, Judge Hawk has presented with a calm, poised, and professional
demeanor and has demonstrated competence in the handling of her duties as District
Attorney.10
Ellyce Lindberg, Administrative Chief of the Grand Jury and Intake Division:
I have been an Assistant District Attorney for the Dallas County Criminal District
Attorney's Office since January of 2000 Since Judge Hawk returned to work in
the beginning of October 2015, I have personally seen her shine as a leader and as
the District Attorney. Her positive transformation from earlier in the year is
noticeable, and the drastic improvement has been impressive. Whether during oneon-one meetings, larger group meetings, or small casual inter-office encounters,
Judge Hawk has been lucid, clear, and peaceful.
Exhibit 9.
Exhibit 10.
10
______________________________________________________________________________
PAGE 16
With her clear and open mind, she has initiated new diversion and specialty
programs within the office, which she personally created, which will benefit the
citizens of Dallas County by aiding the community in addressing crime in a more
effective and efficient way.
At this point in time she consistently demonstrates all the qualities of a talented
leader, while her demeanor is both sharp and simultaneously relaxed. Since
returning to work I have seen nothing that would make me question her competence
to do her job. She makes wise decisions, has thoughtful insights, and conducts her
business in an extremely professional manner. I could not imagine a better person
to serve as the Dallas County Criminal District Attorney at this time.11
Danl Simpson, Executive Administrative Assistant to the District Attorney:
I have worked at the Dallas District Attorneys Office for 29 years and have worked
in 5 different administrations. I would like to start by saying Susan Hawk and I
have known each other since she started with the D.A.s office as an intern. I have
witnessed Susan grow as a prosecutor, Judge and D.A. She is an extremely smart
woman with great ideas for the office. We are extremely lucky to have such a
talented woman as top prosecutor of Dallas County.
Many of the statements made by Ms. Stormer about demands for payment from
Susan are misstatements. I was the one that would come to Ms. Stormer with
questions, not demands. It is my understanding that was Ms. Stormers job as
administrative attorney to advise. Sometimes I would inquire what the possible
options were before speaking with Susan so I could advise her of her options. This
was as a continuing effort to be a good assistant and friend to Susan. It is
unfortunate to have my questions to Ms. Stormer be twisted into demands coming
from Susan
I have seen 4 other District Attorneys in action and, since Susans return to the
office, she is as good as any of them.12
As this Court can see, the overwhelming evidence from the current leadership of the Dallas
District Attorneys Office is that Susan Hawk is presently functioning appropriately, and the Office
is functioning at the high level as it did throughout the time period DA Hawk sought treatment.
While there is no grounds for Ouster, there is certainly no grounds for temporary removal or
evidence that there is harm to the County. On the contrary, as Kevin Brooks, the Felony Bureau
11
12
Exhibit 11.
Exhibit 12.
______________________________________________________________________________
PAGE 17
Chief avers, the harm would occur from DA Hawks removal: If Judge Hawk were to be removed
at this time, I can't emphasize enough how damaging that would be to operation of that Office and
to the morale of those ADAs in the Court Rooms.13
None of the Affidavits attached to the States Second Amended Petition describes any
events after DA Hawk sought treatment, and they cannot speak to the current functioning of the
DAs office from personal knowledge. The State offers no legally and factually sufficient basis
to permit the Court to conclude there is any need to suspend DA Hawk. All of the evidence shows
that such action is unnecessary.
C.
The States additional reasoning, that expected witnesses need a temporary

suspension, is logically flawed and would in effect require temporary removal in all
ouster proceedings.
In its request, the State claims that:
[S]uspension is also necessary because the prosecution of this matter will require sworn
testimony from, and the production of evidence by, many employees who currently work
under the Defendants supervision. The prospect of producing evidence against their
employer would undoubtedly place these employees in an untenable position.
DA Hawk denies that the employees would be in an untenable position. The Dallas Criminal
DAs office employs experienced prosecutors who are well equipped to handle difficult criminal
cases and unlikely to be intimidated by the prospect of being asked to tell the truth.
Setting that aside, the logic of the States contention would mandate suspension in every
case. In every ouster proceeding, the subordinates and co-workers of the targeted elected official
will be witnesses. In every ouster proceeding, subordinates and co-workers of the targeted elected
official will still be working with and have to produce documents about the targeted official.
Therefore, if the States logic was well-founded, it would transform a statutorily discretionary
13
Exhibit 2.
______________________________________________________________________________
PAGE 18
decision into a mandatory provision demanding suspension until the ouster trial.14 The plain
language of the statute demonstrates that the Legislature did not intend such a result.
III.
Request for an Evidentiary Hearing
If the Court is inclined to consider the States request, DA Hawk requests a full evidentiary
hearing before the Court rules upon the Motion. As in an injunction hearing, the State should be
required to put on evidence to carry its burden, and DA Hawk should be permitted to present
controverting proof. See, e.g., Bay Fin. Sav. Bank, FSB v. Brown, 142 S.W.3d 586, 589-90 (Tex.
App.Texarkana 2004, no pet.) (No temporary injunction may issue unless the applicant offers
competent evidence in support of his or her application to the trial court at the hearing on the
temporary injunction, according to the standard Rules of Evidence.). And of course, there will
be evidentiary matters regarding the adequacy of any temporary replacement DA and the bonding
requirements for that person (both of which must be approved before DA Hawk may be
suspended).
IV.
Conclusion
Accordingly, DA Hawk respectfully requests that this Court consider the attached
affidavits before deciding whether to issue citation. If citation is issued, DA Hawk respectfully
requests that the Court order a full evidentiary hearing before deciding the States motion for
Temporary Suspension and that it decide that matter pursuant to the traditional framework for
granting temporary relief.
14
Given the time that has already passed since DA Hawks election and the States request for a Level 3 Discovery
Plan before proceeding to trial, it is even possible that a new election cycle will have come and gone before this
matter could be permanently resolved. The language of the Statute discloses no Legislative intent that Ouster
proceedings be rendered potentially moot because they cannot be resolved before a new official is elected.
______________________________________________________________________________
PAGE 19
Respectfully submitted,
/s/ Daniel K. Hagood

DANIEL K. HAGOOD
STATE BAR NO. 08698300
DHAGOOD@FHSULAW.COM
FITZPATRICK HAGOOD SMITH &
UHL LLP
CHATEAU PLAZA SUITE 1400
2515 MCKINNEY AVENUE
DALLAS, TEXAS 75201
TELEPHONE: (214) 504-1133
FACSIMILE: (214) 237-0901
WALLACE B. JEFFERSON
WJEFFERSON@ADJTLAW.COM
DOUGLAS W. ALEXANDER
DALEXANDER@ADJTLAW.COM
JENNIFER JOSEPHSON
JJOSEPHSON@ADJTLAW.COM
ALEXANDER DUBOSE JEFFERSON &
TOWNSEND LLP
515 CONGRESS AVENUE, SUITE 2350
AUSTIN, TEXAS 78701-3562
TELEPHONE: (512) 482-9300
FACSIMILE: (512) 482-9303
/S/ Charla G. Aldous

CHARLA G. ALDOUS
State Bar No. 20545235
caldous@aldouslaw.com
BRENT R. WALKER
bwalker@aldouslaw.com
HEATHER L. LONG
hlong@aldouslaw.com
ALDOUS\WALKER LLP
2311 Cedar Springs, Suite 200
Dallas, Texas 75201
Telephone: (214) 526-5595
FACSIMILE: (214) 526-5526
ATTORNEYS FOR THE HONORABLE SUSAN HAWK,
DISTRICT ATTORNEY FOR DALLAS COUNTY
______________________________________________________________________________
PAGE 20
CERTIFICATE OF SERVICE
On January 7, 2016, I electronically filed this reply with the Clerk of the Court using the
CM/ECF filing system, which will send notification of such filing to the following (unless
otherwise noted below).
Mark A. Haney
mark@pulshaney.com
W. Kelly Puls
kelly@pulshaney.com
PULS HANEY, P.L.L.C.
300 Burnett Stret, Suite 160
Fort Worth, Texas 76102
Telephone: (817) 498-9911
Facsimile: (817) 332-1333
/s/ Brent R. Walker

Brent R. Walker
______________________________________________________________________________
PAGE 21
AFFIDAVIT OF MESSINA MADSON PAMPILLONIA

STATE OF TEXAS
COUNTY OF DALLAS
Before me, the undersigned authority, on this day personally appeared MESSINA MADSON
PAMPILLONIA who, being by me first duly sworn, on oath deposes and states as follows:
((My name is Messina Madson Pampillonia. I am over the age of 18 and have never been convicted of a
crime. I have personal knowledge of the statements contained in this affidavit and they are true and
correct.
((I have served as an Assistant District Attorney since January of 2004. Judge Hawk promoted me to the
Administrative Chief of the Misdemeanor Division in January of 2015. Prior to this, I had only interacted
with Judge Hawk on a professional basis. I had two jury trials assigned to her court in which she
presided.
"I served at the Administrative Chief over Misdemeanor from January to April 1, 2015. During this
period I interacted with Judge Hawk on a weekly basis. She and Mr. Wirskye (who was the First
Assistant at the time) would often take part in our meetings with the new attorneys and address them
regarding their expectations as leaders of the office. Judge Hawk gave impromptu speeches to the
attorneys that were eloquent, on point, and motivational.
((I met with Judge Hawk and discussed her wishes to form a mentor program in late January or early
February. She requested a program that matched up young prosecutors with more experienced
attorneys. Upon drafting a plan, I met with Judge Hawk and finalized the plan before implementation.
"Judge Hawk and I discussed her meetings with the newly formed Law School at the University of North
Texas and her hopes to support the school and build a clinic program. Judge Hawk has continued to
meet with the Honorable Royal Ferguson (who now serves as the Dean of the University) and has put
him in touch with Dewey Mitchell and me to draft a clinic program for young lawyers. Her motivations,
as expressed to me, were to promote learning in young attorneys, while using this opportunity to get
help in the over burdened misdemeanor courts at no cost to the county.
"We conducted an intense round of interviews to fill a number of entry level positions. Kevin Brooks
and I were at all of the interviews. Both Mr. Wirske and Judge Hawk would make what interviews they
could. Judge Hawk was insistent that no one would get hired as a favor and wanted the hiring
committee to discuss the applicants candidly to ensure only the best applicants were offered positions.
Judge Hawk took part in the interviews. Her questions were appropriate and her demeanor was
professional. After the applicant would leave she would take part in the discussions and had insight that
was insightful and often similar to the rest of the panel.
"At one point during my time as the Chief of the Misdemeanor Division I was reprimanded by Judge
Hawk for not following the chain of command. Information that was important was texted to Mr.
Affidavit of Messina Madson Pampillonia - Page 1
Exhibit 1 - Page 1
PAGE 22
Wirske. Judge Hawk expressed her frustration with me for not following my chain of command (who
would have been Kevin Brooks) and for communicating in such a casual manner. She made it clear what
her expectations were. Her reprimand, demeanor and tone were all appropriate. Mr. Wirskye had a
much more casual way about him and was often walking around having small talk with prosecutors. He
was also a frequent user of texting. I understood this reprimand to be her setting her professional
expectations and reinforcing how she wanted to office to communicate. Later that night Mr. Wirske
called me to make sure I was alright. I told him that I was fine and that this was likely a lesson I needed.
"I knew that Mr. Wirskye and Judge Hawk were struggling in their professional relationship, but did not
know the details. The only event that I witnessed was a meeting where she walked in and asked him to
step out. I could tell she was upset that she was not invited to the meeting but did not know anything
else.
"I knew that Jennifer Balido had been assigned to the spot of Administrative Attorney after she had
already been given another job within the Public Integrity Unit. They were having a hard time filling the
position and had offered it to a couple of other attorneys who had turned it down. It is an unusual spot
for criminal attorneys and all those available would have to learn on the job. At the time my office was
located on the other side of the building and did not have anything other than casual passing
conversations with Ms. Balido. I did not see her interact with Judge Hawk.
"After Mr. Wirskye was let go Judge Hawk called me into her office (Friday March 23, 2015) and offered
me the position as First Assistant. I explained to her that I would have to talk to my family. This would
be a big commitment and not one that I would take lightly. She was gracious and said that she would
always expect me to put my family first.
"I called her later that night and left a message. We did not speak until Sunday March 25, 2015. I told
her that I would take the spot she responded that she did not think I would and had started to speak to
others. She asked that I give her some time to think it through. I responded that I respected that and
that either way I was proud of my pOSitions and happy to serve. That next day I started a jury trial on a
Capital Murder. Judge Hawk was respectful ofthe trial and always asked me to put that victim's family
first. Mid-trial she offered me the job and I accepted. On April 1, 2015 she presided over an office wide
meeting. Her remarks were appropriate. She named off all the staff and encouraged the office to
continue it's good work.
liAs we began our interactions as District Attorney and First Assistant there was a period of learning.
Judge Hawk likes to know everything going on in her office and feels it is her duty to be in the know
when she steps out in the community. We set up morning meetings where each morning I would brief
her on the office activities, important meetings and decisions that needed to be made. We discussed
which meeting she wanted to be invited to and which she simply wanted to be briefed on. I began to
become familiar with which meetings needed to be planned around her schedule and which would only
be a part of her morning briefs.
liAs I became acclimated Judge Hawk spearheaded many things. She reviewed applicants and set up an
interview with Patricia Cummings to become the head or our Conviction Integrity Unit. Ms. Cummings
Affidavit of Messina Madson Pampilionia - Page 2
Exhibit 1 - Page 2
PAGE 23
has proven to be exceptionally respected and was recently invited to take part in a discussion in
Washington regarding some of the recent concerns on forensic sciences. The interview was conducted
by Judge Hawk as well as the decision to hire Ms. Cummings was made by Judge Hawk.
"We began to hold weekly meetings with the leadership team that Judge Hawk would attend and take
part in. These meeting did have tense periods. While it was clear that she was learning how to be a
District Attorney it was also equally clear that she was committed.
"We created the Community Response Team to target those offenders that are repeated offenders and
abusive of the criminal Justice system.
"Judge Hawk did struggle during this period. I knew that she was hurt by personal friendships that had
ended with her professional changes. We did not discuss these topics in detail. I had a professional
relationship with her and never pushed to gossip about things that were not my business. I also knew
that Judge Hawk was frustrated with some of her staff and was trying to ensure that the office had the
best people in leading roles.
"Judge Hawk came in each morning by 9:00am and worked through the day. She attended community
events. She often came in on weekends. While she was extremely productive she was also struggling as
a manager. She was not the best communicator in meetings. She felt like nothing she did was good
enough and that often people in meetings were not respectful. She knew that she was a topic of gossip
and that many people she counted as friends were now betting on her failure.
"I often spoke to Judge Hawk about her good work, however she was greatly affected by what was going
on in the media and criticism. On July 29, 2015, Judge Hawk did not come into the office, but I spoke to
her on the phone. She asked if I would meet her at her friend Mari Woodlief's House the next day
because she wanted to take some time off. She asked if I would pull her calendar and bring it to the
meeting.
"On July 30, 2015 I pulled Judge Hawk's calendar and went to Ms. Woodlief's house. I did not know Ms.
Woodlief, but knew she was a close friend of Judge Hawk. We went over the calendar and made notes
as to who she would like to appear on her behalf. Judge Hawk explained that she was going to take
some time away and work to get in a better place. I remember telling her that I thought that was a good
idea. That she was doing really great things and needed to come back in a place mentally where she
could see the good things and not just hear the bad. She did not say where she was going, nor did I ask.
We made plans for how I should communicate with her. She explained she preferred I called and left
messages if I needed her and she would get back to me. She told me that Ms. Woodlief would be in
charge of the personal aspects of her life and I would be in charge of the office. She invited me to call
her if I needed her. We went over her calendar and she assigned whom should appear on her behalf
and which meetings to cancel. We discussed what projects were currently in the works. She directed
me as to which projects to continue, whom she wanted involved in them, and which projects she would
prefer to have wait for her return. She requested that I discuss any media questions with Ms. Woodlief,
as she was to be the media advisor while Judge Hawk was away.

Exhibit 1 - Page 3
PAGE 24
"I left that meeting and talked to our head investigator, Randall Johnson, about making sure that we had
signed authority on all documents that were needed. I met with different administrative Chiefs and
scheduled them for appearances. Office activities continued.
"On multiple occasions I met with Ms. Woodlief to deliver personal mail and discuss what office projects
were topics for press releases. At one point Ms. Woodlief told me about a check from the Comptroller
that had been in a folder with personal papers. It was addressed to Susan Hawk and appeared to be
personal mail. I returned the check to Cindy Stormer and she said "Oh thank you, we have been looking
for this." At no point had Ms. Stormer expressed concern or even notified me that the check was
missing.
"At another point I was notified that there was a new number to contact Judge Hawk. I had not had
reason to call her, but knew that I always had a way to reach her if needed. I later learned that the new
number was given to her by the Menninger Clinic as part of their requirements.
"From April 1, 2015 to July 30,2015 Judge Hawk was struggling with her personal life, her friendships,
and management. At no point had she ever shirked her responsibilities, avoided work, nor asked me to
do anything unethical or questionable. Our relationship was professional and I understood that she was
a woman with big ideas. She has always produced ideas and pushed the office to be better than it was
the day before. She was not perfect, however, even up to the point that she took a break to enter into a
treatment facility she was a hard working and faithful public servant.
"In September I expressed to Ms. Woodliefthat if she was visiting Judge Hawk that I would also like to
do so. Ms. Woodlief made the arrangements and I took a vacation day September 4, 2015. We visited
Judge Hawk in Houston. Prior to my visit Judge Hawk had requested what was needed in order for her
to go without pay for the remainder of her leave. I consulted our Administrative Chief in the Civil
Division, Russ Roden, and our Human Resource representative, Rhonda Frosch. An affidavit was drafted
in preparation for my visit.
"My visit with Judge Hawk was a pleasant experience. I could see that she was truly working to get in a
better place. She was more open about some of the struggles she had. She addressed some of her
insecurities and issues with trust openly. This was the most open and sharing discussion we had ever
had. She told me about her wishes to commit suicide that preceded seeking treatment. She told me
about her diagnosis of Major Depression and Anxiety Disorder. She was candid about the fact that this
was something that she had struggled with throughout her life and would need to be managed from this
point going forward.
"There was a clear change in her ability to recognize negative behavior in herself and communicate how
she would best serve herself in the future. She had made arrangements to get a notary to come for her
to sign the affidavit. She made changes in the dates of her return. She extended her time without pay
in an abundance of caution, stating she would rather return early and work without pay.

Exhibit 1 - Page 4
PAGE 25
"During this visit I gave her updates on things going on at the office. I had brought brochures and
packets for different programs. Her discussions were consistent and appropriate to the topic. We also
discussed staff issues. I expressed to her that I did not feel like Cindy Stormer was competent.
"Ms. Stormer had let multiple bills go unpaid, minimized the affect it would have on daily functions of
the office and I had moved some key personnel from her chain of command due to her treatment of
them. Additionally, as the Chief Financial Advisor, it was her job to advise on how funds could be spent.
Any casual query seemed to fluster Ms. Stormer and did not instill any confidence in her ability to advise
the office on financial matters. Judge Hawk's decision to place both Federal and State Forfeiture funds
under Dallas County's oversight from the beginning was the only safeguard that we were able to rely on.
Ms. Stormer was overwhelmed and such a poor communicator that we often had meetings without her
during the budget process to try to compare notes on what she was requesting of the leadership team.
"Judge Hawk knew that I was not a fan of Ms. Stormer's due to her handling of a case with a Defendant
named James Boulware. Ms. Stormer had offered a conditional dismissal on a case with so many
alarming facts that it was, in my opinion, gross negligence. When Mr. Boulware shot up the Dallas Police
Department the Detectives contacted me asking why his previous case for felony assault, against his
mother, was dismissed. I ordered the file from our records department. The records department
notified me that the file had been recently checked out to Ms. Stormer. When I asked for the file I was
alarmed by the fact that Ms. Stormer had not notified us of this issue herself. Judge Hawk and I
questioned her about the case and her comment was that she "had no idea about this storing guns and
body armor." This information was in the police report and should not have been over looked. She also
had not pulled the misdemeanor assault file out ofthe same transaction, nor contacted the
witness/family members of the Defendant and Complaining witness who was assaulted while protecting
the Defendant's mother (the victim of the felony assault). Had she done her due diligence, or even read
the entire report, she should have know about the weapons (documented in the report), that the family
stayed in hotels after the offense out of fear of the Defendants threats to shoot people (in the police
report), and that they were requested that he be committed to a hospital because of his dangerous
behavior (notes in the misdemeanor file). After this event, I began to discuss with another
Administrative Chief, Carmen White, taking over the Mental Health Division. By September I had lost all
confidence in Ms. Stormer's ability to do her job as the Administrative Attorney. In my visit with Judge
Hawk in September she stated that she would trust my judgment. I returned to Dallas and began to
meet with other members of the leadership team to determine if there was a place within the office for
Ms. Stormer. Each Administrative Chief within the Criminal Section, and the Felony Trial Bureau Chief,
Kevin Brooks, agreed that Ms Stormer would be a liability wherever we placed her. After these
deliberations I made the decision to terminate Ms. Stormer.
"Kevin Brooks and I had the conversation with Ms. Stormer in the morning on September 18, 2015. Ms.
Stormer was emotional and stated repeatedly "This is going to be so bad for Judge Hawk. This is going
to be so damaging." The comments were odd and afterwards Mr. Brooks and I discussed their
threatening nature.
"I was the decision maker in Ms. Stormer's termination and I stand by that decision.
Exhibit 1 - Page 5
PAGE 26
"In October Judge Hawk returned to the office. After my visit with her on September 4,2015 we had
communicated regularly to update her on office events. Her first morning back she began by
participating in the weekly Administrative Meeting. She addressed our leadership team and then
addressed the press. From the moment that she has returned she has shown the same level of
commitment to the job, but has added better communication and management.
liOn October 14th Judge Hawk led a meeting with Lynn Richardson, the Public Defender in Dallas County,
two public defenders assigned to the mental health division, members of the probation department,
and mental health care professionals from Metro care (Crystal Garland, Marilyn Buchanan and Dr. Judith
Hunter). During this meeting Judge Hawk outlined our new Mental Health Flow chart and discussed her
S.E.T. program. This was the project that she spearheaded. She presented a complicated flow chart in a
precise and easy to understand manner. Each of these professionals would be able to comment on her
capabilities and are objective sources outside the District Attorney's Office.
liThe office has had many transitions in the last year, however, it has continued to adjust and improve.
Even when Judge Hawk was struggling the most, the office was competently managed. She is able to to
serve as District Attorney and at no time did the daily operations falter because of her mental illness.
"In terms of office production we have only increased production and efficiency. Jury trials are up 14%
from the same time last year, we have reduced cost per disposition by $50 per case, this means that we
have spent $880,000 less than the previous year to dispose of the same number of cases. Our office has
obtained nearly $2 million in grant funding allowing us to double our Sexual Assault Unit and bring a
Protective Order Attorney and Victim Advocate to the Family Courts to assist Victims' of Domestic
Violence free of charge.
"Judge Hawk has been back at the office for over two months. She is an active part of all decision
making and meetings. She is now better at delegating, however, we continue our morning meetings
and she has additionally asked to be briefed on the agenda for our weekly leadership meetings the day
before. We share calendars so that she can pick and choose what meetings she will attend. We have
settled into our professional roles and the office is running extremely well. We are currently meeting
with the Leadership Staff to set 2016 goals and address how we can assist in their success, both in their
goals and in our expectations of them. Morale is high. While this has not been a comfortable
experience for the leadership team, it has forged a strong relationship and the office has become closer
through the experience. We are now functioning better than ever."
FURTHER, AFFIANT SAYETH NOT.

Exhibit 1 - Page 6
PAGE 27
Subscribed and sworn to before me, the undersigned authority, on this 7TH day of January, 2016,
to certify which witness my hand and official seal.
ELLEN C LESSEM
My Commission Expires
July 25, 2017
Notary Public in and for the State ofTexas
Affidavit of Messina Madson Pampilionia - Page 7

Exhibit 1 - Page 7
PAGE 28
AFFIDAVIT OF KEVIN BROOKS

STATE OF TEXAS
COUNTY OF DALLAS
Before me, the undersigned authority, on this day personally appeared KEVIN BROOKS who,
being by me first duly sworn, on oath deposes and states as follows:
"My name is Kevin Brooks. I am over the age of 18 and have never been convicted of a crime. I have
personal knowledge of the statements contained in this affidavit and they are true and correct. I am
giving this affidavit freely and voluntarily.
"I am the Felony Trial Bureau Chief for the District Attorney's Office. In that role I supervise the ADA's in
the 17 Felony District Courts and the 11 Misdemeanor Courts. I also help in the formulation of Policy and
Procedures for the District Attorney's Office. I have held this position since January 1, 2015.
"I also was the Felony Trial Bureau Chief during the first 4 years of the Craig Watkins Administration.
Having served in that capacity for two elected District Attorneys, I think gives me perspective that others
don't have.
"I am aware of most of the events depicted in the Balido and Wirskye affidavits. Despite the personal
turmoil among and between Ms Hawk, Mr Wirskye and Ms Balido, the functions of the District
Attorney's Office continued uninterrupted. At no time were the duties of the DA not performed
"Since District Attorney Susan Hawk's return, I can state unequivocally that the day to day operation of
the office has never been smoother. The morale within the ADA's is very positive and high. If Judge
Hawk were to be removed at this time, I can't emphasize enough how damaging that would be to
operation of that Office and to the morale of those ADA's in the Court Rooms.
"I have also been present at the two Town Hall meetings that Judge Hawk has participated in since her
return. Her presentation and interactions with the Public has been nothing short of Professional.
~~
KEVIN
Affidavit of Kevin Brooks - Page 1

Exhibit 2 - Page 1
OOKS
"
/I
PAGE 29
ELLEN C LESS EM
My Commission Explrn
July 25, 2017
Notary Public in and for the State of Texas
Affidavit of Kevin Brooks - Page 2

Exhibit 2 - Page 2
PAGE 30
AFFIDAVIT OF GLEN FITZMARTIN
STATE OF TEXAS
COUNTY OF DALLAS
Before me, the undersigned authority, on this day personally appeared GLEN FITZMARTIN who,
"My name is Glen Fitzmartin. I am over the age of 18 and have never been convicted of a crime. I have
personal knowledge of the statements contained in this affidavit and they are true and correct.
"I am an Assistant District Attorney at the Dallas County District Attorney's Office. I am currently the
Administrative Chief of Division A, which means that I supervise eleven felony courts and the thirtythree assistant district attorneys that are assigned to my division. I have had the pleasure of working for
and have been promoted by the last four District Attorneys. I started in the misdemeanor division of the
Dallas County District Attorney's Office (DA's Office or office) in 1997. In 2002 I left the office from a
number two spot in the felony division to start my own law firm. In December of 2005 I was appointed
by the Dallas County Commissioner's Court to fill the unexpired term of a vacated county court bench,
County Criminal Court #3. In 2007 I returned to the DA's Office as a number two felony prosecutor. In
2008 I was promoted to Chief of a felony court. In 2009 I was made the deputy chief of the
Misdemeanor Section. I returned to my role as a felony court chief in 2010 where I stayed until I was
promoted January 2, 2015, to my current role by Susan Hawk (Ms. Hawk) the newly elected District
Attorney.
"I am giving this affidavit to give my account of the incidents I was involved in that are contained in the
State's Petition for Removal, and Motion to Suspend the Defendant from Office and Appoint a
Temporary Replacement Pending Trial and the supporting affidavits.
"The State's Petition alleges, "The defendant frequently made or attempted to make improper and
unauthorized use of such (restricted) funds ... to pay for personal political activities (such as associated
with the celebration of Martin Luther King Day in January of 2015.) This is false. In the weeks before
the Martin Luther King Jr. Day Parade Jennifer Balido (Mrs. Balido) who was the Financial Administrative
Chief came into my office and said that Ms. Hawk wanted the DA's Office to participate in the MLK
Parades. The office participated in these events in the past and I saw it as continuing the tradition. We
did not have a public relations department yet and the Community Prosecution Unit was being
dismantled. Therefore I took on this project. I got to work on the planning immediately. Another
Administrative Chief had a connection with the Garland Parade and she took point on that while I
organized the Dallas Parade. We decided to use a county vehicle and a county trailer. Another
employee was going to drive his personal vehicle to pull the trailer. I got with the organizers of the
parade and they were going to charge us $40 to enter the vehicles. As I recall I paid for this out of my
personal funds. This is not too unusual. Over the years I have paid for numerous items or events for the
office out of my pocket to avoid the nuisance of submitting for reimbursement. We were under time
constraints and decisions were being made fast.
Affidavit of Glen Fitzmartin - Page 1
Exhibit 3 - Page 1
PAGE 31
"I participated in this parade in the past and remembered handing out candy along the parade route.
brought this idea to Mrs . Balido. I knew that some expense would be involved with this so as the
financial advisor I thought she should be consulted. She and Bill Wirskye, the then First Assistant,
agreed that we should pass out candy. I estimated two to three hundred dollars. Mrs. Balido approved
the purchase. Remembering that the office was being audited for Mardi-Gras beads purchased by the
previous administration for a parade, I asked Mrs. Balido if this was something the office could
legitimately pay for. She said that she would look into it and that ifthe office could not pay for it that
she would have access to Mrs. Hawk's campaign funds and that she would pay for it out ofthat. I asked
if this was a campaign event or an office event. I was concerned that if this was a campaign event that
we should not be using county resources to plan and execute it. She assured me that this was an office
event but if she did not think the money should come out of one of the office's account she would get it
paid though Ms. Hawk's campaign account. I viewed this as similar to my own out of pocket expenses of
the past.
"I bought approximately $250 worth of candy. On Saturday Jan. 17,2015 we went to the Garland
Parade. Mr. Wirskye and Ms. Hawk were at this event. By the end ofthis parade we were out of candy.
I met with Mr. Wirskye after this event to discuss the Dallas Parade, which was to take place on Monday.
He told me to buy more candy for the Dallas Parade and that if needed he would reimburse me. I
bought approximately $300 more worth of candy. We went to the Dallas Parade and gave it all out.
"The week after the events Mrs. Balido asked how the parades went. I told her how it went. She told
me to bring in the receipts, that she and Mr. Wirskye would reimburse me for the candy. I did not ask
about the campaign funds. I said that it was okay I would cover the cost. She said something to the
effect that her husband makes a ton of money and that she would cover it. Mr. Wirskye also asked
about the receipts. I brought them in later that week and they each took a receipt and paid me out of
their personal funds.
"None of these conversations occurred in front of or in conjunction with Ms. Hawk. It did not appear
that she was orchestrating this. These decisions were made at the spur of the moment due to the time
constraints. As a new administration team we were all working together to do what we thought was
best for the office.
"As for any other financial misconduct allegations I have no first hand knowledge. I can say that Ms.
Hawk's policy has been and continues to be one of fiscal responsibility and transparency. As a new
administration team we have had to learn how to appropriately use the funds that are put in our trust.
have had occasion to ask Mrs. Balido, Cindy Stormer, Mrs. Balido's replacement, and Kendall Castillo
the new Financial Administrative Chief about the appropriateness of some expenditure requests. I
believe that it is their role to become the expert in this field and advise us, including the District
Attorney, as to what is and what is not an appropriate expenditure or how things should be funded. I do
not believe these request, no matter who they come from, should be viewed as demands, rather a
fulfillment of their duties as an advisor. To my knowledge no inappropriate expenditure has been made
by this administration.

Exhibit 3 - Page 2
PAGE 32
"The State's petition alleges, "These haphazard personnel changes were unnecessary and unjustified,
and wasted valuable time, talent and experience./I I was involved in only one personnel change and that
was the decision to fire Cindy Stormer. I agreed with the decision. Ms. Hawk decided to promote Ms.
Stormer to the Financial Administrative Chief spot without consulting the Administrative Team, which is
her pleasure. I was surprised but willing to keep an open mind. I started to become concerned early in
her tenure. We were entering into our budget cycle. Ms. Hawk and Mr. Wirskye stressed that they did
not want to ask the Commissioner's Court for too much in the way of increased expenditures for
personnel or equipment. The idea was to asses what we had, redistribute where necessary then ask for
additional resources where absolutely necessary. I saw this as another example of their policy of fiscal
responsibility. We had a meeting as a team to discuss our approach to this. Ms. Stormer's plan was for
us to submit to her our formal requests and that she and Ms. Hawk and Mr. Wirskye would decide what
they would submit to Commissioner's Court. Filling out these requests is tedious and very time
consuming. We discussed that the better plan would be for each of us to determine what we needed
for our respective sections of the office. We would then meet to discuss informally what we needed
and decide as a group what was the true needs for the office keeping in mind the directive of Ms. Hawk
and Mr. Wirskye. About a week later Ms. Stormer scheduled a meeting, but she did not show up to it.
Ms. Stormer scheduled another meeting, we thought this would be the time that we would do our
informal discussion. Ms. Stormer led this meeting and basically said to fill out the formal paperwork for
what we wanted and that she would submit them. This was back to her first plan that we all agreed was
the wrong method. After some confusing, non-committal statements about what she wanted she left
the room. The rest of the Administration team stayed behind shocked, confused and frustrated at what
we just heard. We decided to do or own informal discussion to decide what were the essential needs
for the office. This kept more in line with the idea of fiscal responsibility and efficiency.
"I was involved in other conversations and meetings where Ms. Stormer gave vague answers about the
budget process and our spending abilities. I lost all confidence in her abilities. When Ms. Madson
consulted with me about her decision to fire Ms. Stormer I told her I would support that decision.
"The State's petition alleges, liThe combination of these physical defects and addictions and these
mental defects help explain the Defendant's erratic and grossly careless behavior in 2015 While she has
attempted to serve as the Criminal District Attorney of Dallas County, Texas. More important, these
defects and the manner in which they have become manifest have rendered the Defendant unfit and
unable to discharge her official duties./I This is false. The State as far as I can tell is relying solely on
accounts of Ms. Hawk's behavior from before her treatment. I am not aware of their attempts to
investigate her actions after her return. The State alleges liThe prospect of producing evidence against
their employer would undoubtedly place these employees in an untenable position. The potential for
the possibility of such undue influence can be avoided only by the temporary suspension of the
Defendant as requested by the State./I To my knowledge the State has not reached out to any of the
current employees to ascertain the veracity of their own allegations. I know that no one tried to contact
me. I was informed soon after this process began by Messina Madson, the current First Assistant, that
we were free to and encouraged to participate in this process as needed by anyone involved.
Exhibit 3 - Page 3
PAGE 33
"I have been in numerous meetings with Ms. Hawk before and after treatment. I can agree with a
number of the accounts of her erratic behavior prior to treatment. I did not know what was causing her
to behave the way she was. Ms. Hawk and I were working on a case together. She was preparing to
take the case to trial. This was a case that I was very familiar with and I was getting her up to speed. I
could tell in our meetings that she was easily distracted. It was a difficult position to be in to try to get
her to focus. She was comfortable with the legal concepts and issues that we would face in the trial; her
vast experience had prepared her for that. It was getting her to focus on what was right in front of us
that I had difficulty with. I was always prepared to step in and take over the case if needed. As we got
closer to trial she called me in her office and told me that she needed to step away from the case. I told
her that I was good with that decision and that I will resume my previous role on the case as lead
counsel for The State of Texas.
"I was in a number of meetings in the spring of 2015 where Ms. Hawk's actions were confusing or not on
point. Again I was at a loss for the cause of these actions. I knew her since 1997 when I started at the
office. I would watch her in trial and was friendly with her at work. When I was a defense attorney I had
cases in her court. When I returned to the office I was never assigned to her court but I did handle some
cases in front of her. But I had never dealt with her on a daily basis. I had no way to account for the
behavior I was observing leading up to her treatment. When I heard that she was in treatment for a
mental illness it all started to make sense. Although this time did cause me personal anxiety it did not
affect my job performance. We as an administrative team for the most part kept working hard to the
best of our abilities. We continued Ms. Hawk's vision for the District Attorney's Office. I believe that we
worked well under the leadership of Mr. Wirskye and Kevin Brooks, the Felony Trial Bureau Chief and I
believe we have continued to work well under the leadership of Ms. Madson and Mr. Brooks.
"Since her return from treatment, Ms. Hawk is engaging, vibrant and focused. She had led meetings and
attended others contributing where necessary. I watched a good portion of a murder case she led and
noted that she was prepared, legally sound and very polished. Ms. Hawk has continued to implement
programs and policies she started and promised on the campaign trail. I have seen her deal with the
media and the public in town hall meetings and been impressed with her poise and ability to
communicate effectively the work we are doing here. I am not aware of the particulars of her treatment
plan other than what she has shared with the media. Whatever it is it is working. I believe her to be
fully competent to fulfill the duties of the District Attorney for Dallas County."
~
GLEN FITZMARTIF

Exhibit 3 - Page 4
PAGE 34
ELLEN C LESSEM
My CommissIOn Expires
July 25, 2017

Exhibit 3 - Page 5
PAGE 35
AFFIDAVIT OF CARMEN PEARSON WHITE

STATE OF TEXAS
COUNTY OF DALLAS
Before me, the undersigned authority, on this day personally appeared CARMEN PEARSON
WHITE who, being by me first duly sworn, on oath deposes and states as follows:
"My name is Carmen Pearson White. I am over the age of 18 and have never been convicted of a crime.
I have personal knowledge of the statements contained in this affidavit and they are true and correct.
"I am currently an Administrative Prosecutor at the Dallas County District Attorney's Office. I have been
a prosecutor at the Dallas County District Attorney's Office for over fourteen years. I have held several
positions at the District Attorney's Office. Currently, I supervise the Child Abuse Division, the Sexual
Assault Division, the Animal Cruelty Division and the Mental Health Division. As part of my duties in the
Mental Health division, I have been assigned to work with Judge Hawk to create the SET (Stabilization,
Engagement, and Transition) program. This program was designed as a part of Judge Hawk's
Reformative Justice plan. Since Judge Hawk's return to the office this fall, she has worked diligently in
creating, planning, organizing and implementing this program. I have worked with her as she organized
the program, hosted meetings regarding the program, and set the final plans for the program. She has
guided me on understanding the issues that need to be considered in creating and running a successful
SET program. I have participated in meetings where she thoroughly explained the process of SET and
how cases will matriculate through the Mental Health Division. She has been instrumental in the
reformation of the Mental Health Division. The four divisions that I supervise are functioning at a very
high level.
II
!l () J
'\1
/~EN
C!~~lillh ,
PEARSON WHITE
ELLEN C LESSEM
July 25. 2017
Affidavit of Carmen Pearson White - Page 1

Exhibit 4 - Page 1
PAGE 36
AFFIDAVIT OF PATRICK KIRLIN

STATE OF TEXAS
COUNTY OF DALLAS
Before me, the undersigned authority, on this day personally appeared PATRICK KIRLIN who,
((My name is Patrick Kirlin. I am over the age of 18 and have never been convicted of a crime. I have
((I am currently employed as an Assistant District Attorney in the Dallas County District Attorney's Office.
I have been with the Dallas County District Attorney's Office since 1987. I am currently one of the
Administrative Chiefs in our office. I oversee several divisions and units within our office including the
Organized Crime Division, the Specialized Crime Division, the Elder Abuse Unit, the Gang Unit and the
Community Response Team.
((I was unaware of any personal conflicts between D.A. Susan Hawk, Jennifer Balido and Cindy Stormer,
but I can say that since Judge Hawk took office, whatever personal conflicts existed, they did not
interfere with the day to day operations of the District Attorney's Office.
((Sometime in the Summer of 2015 I became aware that Judge Hawk was seeking treatment for
depression. Judge Hawk returned from that treatment in early October 2015. Since that time, the
functions of the office and the duties of the District Attorney continue to be properly fulfilled as they
were before.
((Since Judge Hawk's return, I have interacted with her in administrative meetings and have found her to
be relaxed, articulate, goal-oriented and she conducts business in a very professional manner."
ELLEN C LESS EM
July 25. 2017

Affidavit of Patrick Kirlin - Page 1
Exhibit 5 - Page 1
PAGE 37
AFFIDAVIT OF JEREMIAH VARNEY

STATE OF TEXAS
COUNTY OF DALLAS
Before me, the undersigned authority, on this day personally appeared JEREMIAH VARNEY who,
liMy name is Jeremiah Varney. I am over the age of 18 and have never been convicted of a crime. I have
"I am an Administrative Chief with the Dallas County District Attorney's Office. I began work with the
District Attorney's Office in 2004. In my time with Dallas County, I have been assigned to the
Misdemeanor, Felony Trial, Organized Crime, and Public Integrity Divisions. I have tried and participated
in numerous criminal trials and hearings, involving various offenses up to and including Capital Murder
where death is sought as punishment.
"At the time of Judge Susan Hawk's swearing in on January 1, 2015, I was the assigned Chief Prosecutor
in the 203rd Judicial District Court. A few weeks later, Judge Hawk asked me to lead the Public Integrity
Unit. In October 2015, Judge Hawk asked me to serve as the Administrative Chief of Division D, which
includes the Family Violence Division, and 6 Felony Trial Courts. Since that time, I have had the
opportunity to have many more interactions with Judge Hawk both personally and professionally. In
that time, I have found her to be extremely engaging, focused, and driven about the goals she has for
the District Attorney's Office. She has shown great interest in the prosecutors of this Office as
individuals, and as a team. I have seen her push with passion for initiatives internally and in the
community that I believe will make this Office one of the best in the country. She has been upfront
about any past issues, and I have only witnessed an involved and energetic leader in the time I have
been in an administrative role. Personally, she has always had kind words and greetings every time I see
her. She has on more than one occasion mentioned our shared background in being from Arlington,
Texas, and has been extremely welcoming in my transition to Administration, making sure to ask how
my adjustment has been. Judge Hawk is both competent and fit to serve as the leader of the Dallas
County District Attorney's Office, and I have enjoyed my time working with her. "
Affidavit of Jeremiah Varney - Page 1

Exhibit 6 - Page 1
PAGE 38
ELLEN C LESSEM
July 25, 2017
Affidavit of Jeremiah Varney - Page 2

Exhibit 6 - Page 2
PAGE 39
AFFIDAVIT OF KENDALL CASTELLO

STATE OF TEXAS
COU NTY OF DALLAS
Before me, the undersigned authority, on this day personally appeared KENDALL CASTELLO who,
"My name is Kendall Castello. I am over the age of 18 and have never been convicted of a crime. I have
"I am a prosecutor with the Dallas County District Attorney's Office. I began with the office in 2003 and
have been here all but one year since that time. I have held multiple leadership positions within the
office and am currently the Financial Administrative Chief.
"I have had the opportunity to work with District Attorney Susan Hawk as a judge and now as the
District Attorney. I assumed the position of Financial Administrative Chief in September 2015.
"In my role as Financial Administrative Chief, I provide advice and guidance regarding expenditures and
purchases made by the District Attorney's Office. The District Attorney, or any staff member, may
approach me to request a specific expenditure. I then research the expenditure to determine if it is an
allowable expense. This process may involve researching the rules that govern different financial
accounts within the District Attorney's Office. There is nothing inappropriate or unusual about anyone,
including the District Attorney, making a request. Judge Hawk has followed any advice I have offered
regarding expenditures.
"Beginning in June 2015, the District Attorney's Office began escrowing many of its accounts. This
escrow process increases transparency by requiring approval from the Dallas County Auditor's Office to
make any expenditure from an escrowed account. This was an unprecedented step toward transparency
by the District Attorney's Office. Nevertheless, Judge Hawk has consistently asked about ways to further
increase transparency including an idea to post all expenditures online.
"Since her return from treatment, Judge Hawk has been highly competent in her role as the District
Attorney. She has tried a case to a jury, conducted multiple town hall meetings, established new and
innovative diversion and protective order programs, answered questions in Commissioners Court, given
numerous interviews to media, and contributed to or led many meetings. In her current condition she is
capable of leading this office well and desirous of doing so."
~
KENDALL CASTELLO
Affidavit of Kendall Castello - Page 1

Exhibit 7 - Page 1
PAGE 40
ELLEN C LESSEM
July 25. 2017
Affidavit of Kendall Castello - Page 2

Exhibit 7 - Page 2
PAGE 41
AFFIDAVIT OF DEWEY MITCHELL

STATE OF TEXAS
COUNTY OF DALLAS
Before me, the undersigned authority, on this day personally appeared DEWEY MITCHElL who,
liMy name is Dewey Mitchell. I am over the age of 18 and have never been convicted of a crime. I have
"I have worked as an assistant district attorney in the Dallas County District Attorney's Office since
March 2003. During that time, I have served as a misdemeanor trial prosecutor, felony trial prosecutor,
and supervisory prosecutor. I currently serve as the Chief of the Misdemeanor Division with the District
Attorney's Office. I currently supervise 34 misdemeanor attorneys, 4 felony attorneys, 12 legal
assistants, and 2 investigators. My division is responsible for the prosecutions of Class A & B
Misdemeanors occurring in Dallas County. I am responsible for the training and supervision of the men
and women assigned to prosecute those cases. My division is also responsible for the representation of
the State of Texas in 2 Magistrate Courts handling Felony pleas and examining trials. I along with my 2
Deputy Chiefs, also continue to prosecute felony cases.
"I believe that the Dallas County District Attorney's Office is currently functioning at a very high level.
The assistant district attorneys are pursuing justice and upholding the laws of the State of Texas with
some of the greatest proficiency and ability that I have seen in my entire career. I believe the morale of
the office to be high. I also believe the administration's focus, under Judge Hawk's leadership, to be clear
and consistent.
liMy observations of the way cases are being handled, prosecutors are being trained, and policies are
being thought out and implemented have only been impressive. I believe the citizens of Dallas County
are currently being represented with the highest level of professionalism by their elected District
Attorney, Judge Susan Hawk.
II
Affidavit of Dewey Mitchell- Page 1

Exhibit 8 - Page 1
PAGE 42
ELtEN C LESSEM
July 25, 2017
Affidavit of Dewey Mitchell- Page 2

Exhibit 8 - Page 2
PAGE 43
AFFIDAVIT OF LORI L. ORDIWAY

STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned, a Notary Public in and for the State of Texas,
on this day personally appeared Lori L. Ordiway, who, after being duly sworn on her
oath stated that the following is true and correct:
My name is Lori L. Ordiway. I am over the age of 18 and competent to make
this affidavit. The facts stated in this affidavit are within my personal knowledge and
are true and correct.
I was licensed to practice law in the State of Texas in November of 1983. I
served as a briefing attorney, research attorney, and staff attorney for the Fifth Court of
Appeals in Dallas during the years between 1983 and 1988. From August of1992 until
May of 2007, I was an Assistant District Attorney in the Dallas County District
Attorney's Office, exclusively practicing in the Appellate Division, and from
December of 1999 until May of 2007, I served as Chief of that Division. From July of
2007 through January of2015, I worked as a private practitioner, specializing in postconviction law and the analysis of criminal law issues by preparing numerous direct
appeal .briefs and other pleadings presenting claims for relief in connection with
criminal proceedings. In February of 2015, I returned to the Dallas County District
AFFIDAVIT OF LORI L. ORDIWAY - Page 1
Exhibit 9 - Page 1
PAGE 44
Attorney's Office to again serve as Chief of the Appellate Division. I continue to work
in that position.
My responsibilities include: supervising 22 attorneys, 3 legal secretaries, and a
shared investigator; managing overall docketing and assignment of direct appeal briefs;
hiring and training of all Appellate Division staff; overseeing attorneys in the
Appellate Division who are assigned to respond to direct appeals briefs and postconviction applications for writs of habeas corpus in both non-capital and capital cases,
requests for DNA testing under Chapter 64 of the Texas Code of Criminal Procedure,
petitions for expunction of criminal records, Public Information Act requests,
abatement orders from the courts of appeals, extradition matters, and out-of-state
witness subpoenas; mediating and resolving personnel issues; conducting performance
evaluations of staff; overseeing the preparation of quarterly performance measures;
preparing the yearly budget request; editing the work product of attorneys in the
Appellate Division; determining when the State will appeal a ruling (because in most
instances the State is the appellee); preparing written briefs, motions, and letters on
behalf of the State; advising Administration on legal and policy issues; and providing
input to and participation in the decisions of the Administrative team in the District
Attorney's Office.
Exhibit 9 - Page 2
PAGE 45
The District Attorney's Office is currently operating at an exceptionally high

level. We have an Administrative team that includes talented attorneys, each of whom
possesses extensive background and ability to lead their respective Divisions. In my
humble opinion, my own Division - the Appellate Division - is operating the best that
it has operated for a long time. We are full-staffed, having recently hired three new
attorneys all of whom have backgrounds tailored to our needs and are enthusiastic
members of our team. We have also hired two replacement legal secretaries, both of
whom have excellent skillsets for our Division's needs.
Since DA Susan Hawk has returned in October from treatment, she has
performed in an exemplary manner. She is a passionate advocate for the District
Attorney's Office; she leads by example, having prosecuted a murder case in which she
obtained a guilty verdict and the maximum sentence allowed by law; she is supportive
to every attorney in the Office, scheduling brown bag lunches with the newer attorneys
in order to get to know them and encourage them on their paths in the District
Attorney's Office; she has given several presentations and had town hall meetings (that
I personally have attended) in which she both speaks about the Office and listens to the
needs and desires of the citizens of Dallas County; she is positive and warm, yet strong
and sure in her identity as the lead prosecutor for Dallas County; she is absolutely
qualified to serve in her position due to her previous eight years in the Office as an
Exhibit 9 - Page 3
PAGE 46
Assistant District Attorney prosecuting countless child abuse cases, almost 12 years
sitting as the elected Judge for the 291 st Judicial District Court, and her thorough
knowledge of criminal law; and, most importantly, she is immensely dedicated to the
District Attorney's Office and serving the citizens of Dallas County.
I see DA Hawk on a frequent basis, and I can say firsthand that DA Hawk eats,
sleeps, and breathes this Office. She loves her work, and that devotion has made this
Office a model District Attorney's Office that stands as a shining light for District
Attorney's Offices across the country.
Accordingly, I totally oppose DA Hawk's removal from Office. As explained
above, she is passionate about and dedicated to serving as Dallas County's District
Attorney. She inspires those of us who work for her to be like her, that is, to leave no
stone untumed in seeking justice, to protect the victims of crime, and to simply do
what is right. It would be a complete disservice to the citizens of Dallas County ifDA
Hawk were removed from Office.
Exhibit 9 - Page 4
PAGE 47
Further, Affiant sayeth not.
LORI L. ORDIWAY
SUBSCRIBED AND SWORN TO before me, the said Notary Public, on

this 7th day of January, 2016, to certify which witness my hand and seal of office.
ELLEN C LESSEM
July 25. 2017
Notary Public In and For The State of Texas
Exhibit 9 - Page 5
PAGE 48
AFFIDAVIT OF RUSSELL H. RODEN

STATE OF TEXAS
COUNTY OF DALLAS
Before me, the undersigned authority, on this day personally appeared RUSSELL H. RODEN who,
"My name is Russell H. Roden. I am over the age of 18 and have never been convicted of a crime. I have
"I am an attorney licensed to practice law in the State of Texas and have been so licensed since 1988. I
have handled a wide-variety of civil law matters in my practice with an emphasis on civil litigation. I am a
former judge of Dallas County Court at Law No.1, where I presided from April 1, 2002 through
December 31,2006. I am currently employed as an Assistant District Attorney with the Dallas County
District Attorney's Office and have been so employed since January 26,2015. During that time I have
held the position of Chief of the Civil Division.
"In my position as Chief of the Civil Division, I have the opportunity to interact with, and report to,
District Attorney Susan Hawk.
"After Judge Hawk's return to the office in early October, I have participated in meetings with Judge
Hawk and others as well as in one-to-one meetings for the purposes of county business. During this time
period, I have also witnessed Judge Hawk address the Dallas County Commissioners Court on matters
relating to various programs and staffing of the Dallas County District Attorney's Office. In each of the
aforementioned meetings and presentations, Judge Hawk has been attentive and focused on the issues
at hand, has expressed an understanding of the issues, and has provided meaningful and appropriate
decision-making skills.
"I have also seen Judge Hawk's interaction at public events in her role as the District Attorney. In early
November, I attended a town hall meeting at Saint Paul United Methodist Church in downtown Dallas. I
was not required to attend, but chose to because it was a few blocks from my residence which is also
downtown. The town hall appearance had a significant media presence and direct questioning from
members of the public. Judge Hawk appeared alert and focused throughout the town hall meeting and
displayed a professional demeanor while outlining achievements, duties, and goals of the District
Attorney's office.
"In each of the instances of which I have witnessed above, Judge Hawk has presented with a calm,
poised, and professional demeanor and has demonstrated competence in the handling of her duties as
District Attorney./I
Affidavit of Russell H. Roden - Page 1
Exhibit 10 - Page 1
PAGE 49
ELLEN C LESS EM
July 25. 2017
Affidavit of Russell H. Roden - Page 2
Exhibit 10 - Page 2
PAGE 50
AFFIDAVIT OF ELLVCE LINDBERG

STATE OF TEXAS
COUNTY OF DALLAS
Before me, the undersigned authority, on this day personally appeared ELLYCE LINDBERG who,
"My name is Ellyce Lindberg. I am over the age of 18 and have never been convicted of a crime. I have
"I have been an Assistant District Attorney for the Dallas County Criminal District Attorney's Office since
January of 2000. Currently, I am an Administrative Chief assigned to the Grand Jury and Intake Division,
and I have held this position since July of 2011. I have known Susan Hawk since approximately 2001
when I moved into the Felony Division of the office and she was a prosecutor in the Child Abuse Division.
During my tenure with the office I have served under three different District Attorney Administrations,
two Republican and one Democrat. And I have personally observed how different district attorneys
have led the DA's Office with their own style, strengths, and vision.
"Since Judge Hawk returned to work in the beginning of October 2015, I have personally seen her shine
as a leader and as the District Attorney. Her positive transformation from earlier in the year is
noticeable, and the drastic improvement has been impressive. Whether during one-on-one meetings,
larger group meetings, or small casual inter-office encounters, Judge Hawk has been lucid, clear, and
peaceful.
"With her clear and open mind, she has initiated new diversion and specialty programs within the
office, which she personally created, which will benefit the citizens of Dallas County by aiding the
community in addressing crime in a more effective and efficient way. These initiatives have been some
of the most innovative ideas that I have seen in my career. Additionally, Judge Hawk has welcomed
open, honest, and sometimes challenging dialogue both internally with her team as well as with the
public at a number of public Town Hall meetings.
"At this point in time she consistently demonstrates all the qualities of a talented leader, while her
demeanor is both sharp and simultaneously relaxed. Since returning to work I have seen nothing that
would make me question her competence to do her job. She makes wise decisions, has thoughtful
insights, and conducts her business in an extremely professional manner.
"I could not imagine a better person to serve as the Dallas County Criminal District Attorney at this
time."
Affidavit of Ellyce Lindberg - Page 1

Exhibit 11 - Page 1
PAGE 51
.~
ELLEN C LESS EM
My commission Expires
July 25. 2017
Affidavit of Ellyce Lindberg - Page 2

Exhibit 11 - Page 2
PAGE 52
AFFIDAVIT OF DAN'L SIMPSON

STATE OF TEXAS
COUNTY OF DALLAS
Before me, the undersigned authority, on this day personally appeared DAN'L SIMPSON who,
liMy name is Dan'l Simpson. I am over the age of 18 and have never been convicted of a crime. I have
"I have worked at the Dallas District Attorney's Office for 29 years and have worked in 5 different
administrations.
"I would like to start by saying Susan Hawk and I have known each other since she started with the
D.A.'s office as an intern. I have witnessed Susan grow as a prosecutor, Judge and D.A. She is an
extremely smart woman with great ideas for the office. We are extremely lucky to have such a talented
woman as top prosecutor of Dallas County.
liAs Susan's assistant, there were tense moments between us in the beginning of her term. We learned,
however, to work closely together and now have the utmost respect for each other. These tense
moments were always resolved - they never interfered with the function of the office of the District
Attorney. They never prevented Susan from fulfilling her duties as District Attorney.
"Many of the statements made by Ms. Stormer about demands for payment from Susan are
misstatements. I was the one that would come to Ms. Stormer with questions, not demands. It is my
understanding that was Ms. Stormer's job - as administrative attorney - to advise. Sometimes I would
inquire what the possible options were before speaking with Susan so I could advise her of her options.
This was as a continuing effort to be a good assistant and friend to Susan. It is unfortunate to have my
questions to Ms. Stormer be twisted into "demands" coming from Susan.
"Since Ms. Stormer filed her suit, I have received many, many calls and letters in support of Susan.
"Susan is diligent about performing her duties and checking her calendar daily. We discuss her activities
/ meetings with the office, as well as those out in the community. She always gives 110% in preparing
for any event. I have seen 4 other District Attorneys in action and, since Susan's return to the office, she
is as good as any of them.
"I am honored to say I work for the first woman D.A. of Dallas County. She is a strong woman and,
hopefully, will be given the chance to continue her term."
Affidavit of Dan'l Simpson - Page 1

Exhibit 12 - Page 1
PAGE 53

~\
~.
DAN'L SIMPSON
ELLEN C LESSEM
July 25. 2017
Affidavit of Dan'l Simpson - Page 2

Exhibit 12 - Page 2

Hawk's Response To Motion For Temp Removal

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Hawk's Response To Motion For Temp Removal

Uploaded by

Copyright:

Available Formats

PAGE 1

CAUSE NO. DC-15-12517

101ST JUDICIAL DISTRICT

DA HAWKS RESPONSE IN OPPOSITION TO MOTION FOR TEMPORARY

Exhibit 12 Affidavit of Danl Simpson, Executive Administrative Assistant to the District

an ouster proceeding is filed,

citation has issued, and

an appropriate temporary substitute has been appointed and bonded.

The Courts should apply an analysis similar to injunctive relief.

The Applicant must plead for permanent relief.

Butnaru v. Ford Motor Co., 84 S.W.3d 198, 204 (Tex. 2002).

The State has pleaded for permanent relief.

The State cannot show a probable right to permanent relief.

Kevin Brooks, Felony Trial Bureau Chief:

media. Whatever it is it is working. I believe her to be fully competent to fulfill the

Jeremiah Varney, Administrative Chief of Division D, including Family Violence Division

answered questions in Commissioners Court, given numerous interviews to media,

The States additional reasoning, that expected witnesses need a temporary

/s/ Daniel K. Hagood

/S/ Charla G. Aldous

/s/ Brent R. Walker

AFFIDAVIT OF MESSINA MADSON PAMPILLONIA

Affidavit of Messina Madson Pampillonia - Page 3

Affidavit of Messina Madson Pampillonia - Page 4

Affidavit of Messina Madson Pampillonia - Page 6

Notary Public in and for the State ofTexas

Affidavit of Messina Madson Pampilionia - Page 7

AFFIDAVIT OF KEVIN BROOKS

Affidavit of Kevin Brooks - Page 1

Notary Public in and for the State of Texas

Affidavit of Kevin Brooks - Page 2

AFFIDAVIT OF GLEN FITZMARTIN

Affidavit of Glen Fitzmartin - Page 2

Affidavit of Glen Fitzmartin - Page 4

July 25, 2017

Notary Public in and for the State of Texas

Affidavit of Glen Fitzmartin - Page 5

AFFIDAVIT OF CARMEN PEARSON WHITE

FURTHER, AFFIANT SAYETH NOT.

Notary Public in and for the State of Texas

Affidavit of Carmen Pearson White - Page 1

AFFIDAVIT OF PATRICK KIRLIN

July 25. 2017

Affidavit of Patrick Kirlin - Page 1

AFFIDAVIT OF JEREMIAH VARNEY

Affidavit of Jeremiah Varney - Page 1

Notary Public in and for the State of Texas

Affidavit of Jeremiah Varney - Page 2

AFFIDAVIT OF KENDALL CASTELLO

COU NTY OF DALLAS

Affidavit of Kendall Castello - Page 1

Notary Public in and for the State of Texas

Affidavit of Kendall Castello - Page 2

AFFIDAVIT OF DEWEY MITCHELL

FURTHER, AFFIANT SAYETH NOT.

Affidavit of Dewey Mitchell- Page 1

Notary Public in and for the State of Texas

July 25, 2017

Affidavit of Dewey Mitchell- Page 2

AFFIDAVIT OF LORI L. ORDIWAY

AFFIDAVIT OF LORI L. ORDIWAY - Page 1

AFFIDAVIT OF LORI L. ORDIWAY - Page 2

The District Attorney's Office is currently operating at an exceptionally high