Dallas prosecutor faces lawsuit seeking ouster for erratic behavior

By Marice Richter

DALLAS (Reuters) - A Texas prosecutor took over a citizen's lawsuit on Friday that seeks to remove Dallas County District Attorney Susan Hawk from office over allegations of incompetence and erratic behavior caused by mental illness and drug abuse.

Patrick Wilson, district attorney for nearby Ellis County, signed onto the lawsuit filed in October by Cindy Stromer, a former top lieutenant in the Dallas County district attorney’s office who was fired by Hawk.

Since being sworn into office in January, Hawk, 54 has come under public scrutiny for her decision-making and behavior. After taking her post, she fired several top prosecutors and employees, causing problems for prosecutions in one of the state's most-populous counties.

In July, she disappeared from the district attorney’s office for more than two months, with her whereabouts unknown.

When she returned in October, Hawk announced that she had sought treatment for depression at a Houston psychiatric hospital. Hawk also publicly admitted to being treated for prescription drug addiction and abuse at a rehabilitation facility during her campaign for district attorney.

The lawsuit filed by Stromer claims that “Hawk’s depression and severe mental illness incapacitates her ability to perform the duties of that office.”

Wilson's move makes the state the official party in the lawsuit to oust Hawk, according to court documents.

Wilson asked Judge David Peeples, an appointee from San Antonio, to schedule a hearing on the case.

"This was a very procedural move today and one that we anticipated," said Hawk's attorney Dan Hagood.

Texas law requires a public official to represent the state in the rare instance that a removal lawsuit is brought against an elected official.

Dallas County Commissioners, who oversee the district attorney’s office, appointed Wilson to consider the merits of the lawsuit and decide whether to represent Texas in the civil case against Hawk.

Wilson, Peeples and Hawk are all Republicans.

Hawk has announced her intention of running for re-election in 2018.