Group Wants D.A. off Judge Baker’s Case

SMITH COUNTY — A group seeking to remove Smith County Judge Joel Baker from his seat is now calling for Smith County District Attorney Matt Bingham to remove himself from the case. According to KETK, JoAnne Fleming, a spokeswoman for the plaintiffs, said Bingham disqualified himself through previous actions. “We believe it is absolutely clear that District Attorney Matt Bingham is disqualified from joining our case due to his explicit recusal on one of the causes (ATS traffic camera contract) cited in our case for the removal of Judge Joel Baker from office. Our attorneys are preparing a formal response,” Fleming stated.

Fleming argues Bingham disqualified himself when he recused himself in 2015 from an investigation into possible prosecution of Judge Baker regarding a traffic camera contract made between the Smith County Commissioners Court and American Traffic Solutions (ATS) in 2014.

In a release sent to KETK, Fleming said visiting Judge David Peeples will not allow the lawsuit against Baker to move forward until it is brought by the proper official, which can be a district attorney, elected county attorney or an appointed attorney pro-tem. According to Fleming, Baker’s representation, Porter Law Firm, said “[Bingham] has not disqualified himself.” The suit brought against Baker followed lewd behavior accusations against him.