New legal action in Tech case

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Dolcefino Consulting has filed new legal action Monday afternoon in Texas Tech’s hometown and this time we are demanding the Administrative Judge Kelly Moore do his job.

It has been more than a month since Judge Bill Sowder abruptly recused himself from hearing the fight over public records detailing the firing of former coach Mike Leach.  Another judge was supposed to be appointed to hear the lawsuit by Dolcefino Consulting, but five weeks have passed, and the case still doesn’t have a new judge.

Last week, attorneys for Dolcefino Consulting sent a letter to Administrative Judge Kelly Moore requesting a judge be appointed.  There was no response.

Today, we took legal action to force Moore to take action.

“Respondent has a ministerial duty to appoint a new judge after a recusal” the writ of mandamus reads, “Respondent has been repeatedly asked to carry out that duty and he has not done so. A writ of mandamus should be issued to compel that reassignment”.

The petition is signed by Michael Hurst, David Coale and Julie Pettit, Dallas lawyers representing Dolcefino Consulting. Hurst and Coale are partners from the law firm of Lynn Pinker Cox & Hurst LLP.  Julie Pettit is the founding partner of the Pettit Law Firm.

“I don’t think there is a judge in Lubbock that has the guts to make Texas Tech do the right thing, and everyday these records are withheld is a further stain on the university and its leaders,” says Wayne Dolcefino, President of Dolcefino Consulting. “Texas Tech has become a serial violator of the Texas Public Information Act and the Texas Attorney General is letting them get away with it.”

The legal action comes as Dolcefino Consulting begins filing criminal complaints against individual members of the Board of Regents for refusing to turn over phone records detailing Texas Tech business calls.

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