Although a court date has not yet been set, court records show that Senior District Judge Dick Alala, presiding by assignment, has appointed Rene Pena, district attorney for the 81st Judicial District to act as prosecutor in the legal proceeding.
Shaw brought the matter forward by having a “show cause” order served on the county attorney, Sept. 13, requiring Busselman to show the cause for the reason that neither he nor his assistant county attorney appeared in court when a jury trial had been scheduled.
As visiting judge in county court, Alcala determined that a special prosecutor would be necessary in such a case of contempt of court.
During court, Betty Yarter explained that a trial was set for Sept. 5 – two criminal cases that had been rescheduled from June 6. Yarter explained the show cause order was issued to Busselman for failing to appear in court on that date.
County Judge Barbara Shaw also told Alcala about the circumstances that led up to the show cause order. Shaw said Busselman agreed to appear in court for the jury trial on Sept. 5, but no one from his office appeared in court on that date and as a result the cases had to be dismissed.
Yarter, during an interview with The Karnes Countywide, said that the reason a prosecutor did not appear in court on that date was due to an error on her part, related to scheduling and setting the calendar for cases handled by the county attorney’s office.
According to Shaw, she believes the fact that neither the county attorney nor his assistant appeared in court Sept. 5 was a deliberate act – an act of contempt of court based on his dissatisfaction with actions recently taken by both her as county judge, and by Commissioners Court as a whole.