I have questions about this.
Darrell William Jordan, a Harris County misdemeanor court judge, on Monday was arrested and charged with of official oppression, according to court records.
Jordan is accused of using his office to unlawfully arrest and detain Wayne Dolcefino, a private media consultant and former TV journalist.
The charge stems from an incident on June 30, 2020, when Dolcefino was jailed in contempt of court by Jordan during a hearing in Harris County Court at Law No. 16.
Jordan accused Dolcefino of attempting to interrupt proceedings in the court by demanding to interview the judge. He jailed Dolcefino after giving him repeated warnings, according to court documents.
Dolcefino was found guilty and sentenced to three days in Harris County Jail, six months of probation and a $500 fine.
Monday’s indictment accuses Jordan of wrongfully holding Dolcefino in contempt or subjecting him to summary punishment and jail without a hearing.
In a 2020 video posted on the Dolcefino Consulting Facebook page after his arrest, Dolcefino revealed that he was wearing a hidden camera during the hearing.
The video shows Dolcefino attempting to ask Jordan about public corruption complaints and public records requests he made about multiple Houston and Harris County officials. In the video, Jordan, who was holding court hearings over Zoom, told Dolcefino that he couldn’t ask questions, told him to sit down and warned him to stop interrupting proceedings.
Court records indicate that the grand jury declined to hand down felony charges related to tampering with records and retaliation.
Jordan was arrested, formally charged and released on Monday evening, he said during a short phone interview with the Houston Chronicle. He directed other questions to his attorney.
Marc Carter, Jordan’s attorney, said the case was filed with Harris County DA’s Office, who recused themselves and asked Fort Bend County District Attorney Brian Middleton to investigate the allegation.
“Judge Jordan is absolutely innocent of any wrongdoing and looks forward to his day in court,” Carter said in a statement released on Monday.
“Contempt is a power given to judges so they can maintain decorum and control court proceedings. Without it the courtroom would be chaos. Litigants, officers of the court, and jurors want judges to be able to control proceedings and when necessary exercise their contempt power.
“This prosecution, if District Attorney Brian Middleton goes forward with it, will have an absurd result and a chilling affect on a judge’s ability to maintain order in their courts. It’s absurd to think anyone can walk into a court, disrupt the proceedings and the judge of the court ends up being prosecuted. That’s not a reasonable person’s idea of justice. The DA should exercise discretion and dismiss this case,” Carter said.
My head is spinning. You might want to read this companion story that gives some background on both Judge Jordan and Wayne Dolcefino, who’s probably a much better-known name among longer-time residents.
Now then. Three basic questions:
1. Contempt of court is a basic power that judges have. Any power can be corrupted, but I don’t see anything in this story that sounds like an extraordinary usage of that power. Maybe that hidden camera video is more damning than the story suggests, I don’t know. If I didn’t know anything else about this, I’d be wondering what exactly the beef was.
2. The incident in question took place two years ago. I know that investigations can take time, and I know that COVID has caused backlogs in the court system. But seriously, two years? What in the heck caused this to take so long to get to this point?
3. You may be wondering why Kim Ogg farmed this out to the Fort Bend County DA. My answer when I first read this is because Wayne Docefino worked for her campaign in both 2014 and 2016 – I saw him and talked to him at a couple of campaign events, and I have some press releases and other things that he sent out in my mailbox from that time. The second story indicates that Ogg and Dolcefino apparently had a falling out after that, which just makes this all messier. Whatever the merits of the case against Jordan, Ogg’s recusal was clearly the right thing to do.
At this point, I have no idea what else to say. I’m going to wait and see what happens. If you have some inside scoop on this, by all means please let me know.
A big reason for recusal is that Ogg’s office also prosecutes cases in Judge Jordan’s court every day, so it’s totally the right thing to do.
I can’t think of a bigger bonehead who has a unsubstantiated and undeserved sense of self worth than Wayne Dolcefino, whose biggest accomplishment I heard when I was a kid was smoking a joint in a HPD parking lot (if I remember the story correctly). I’m sure giggled uncontrollably.
Mario Diaz on Ch 2 is his modern day equivalent. God help us all, and God help investigative journalists be better than this crew.
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