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With the third special session of 2023 looming, state lawmakers find themselves inadvertently prolonging the year of lawmaking, resulting in a delay of a House member’s criminal trial.
Rep. Frederick Frazier, R-McKinney, was indicted over a year ago on two charges of impersonating a public servant, which is a third-degree felony. But the case has not gone to trial yet, partly because Frazier has applied for legislative continuances, which allow lawmakers to pause cases they are involved in until the Legislature concludes its business.
The trial is currently scheduled to begin Nov. 6. But with Gov. Greg Abbott planning to call a third special session that starts Oct. 9, Frazier is expected to seek another continuance, which would delay the trial until even later in the year.
The lawyers representing Frazier made a recent attempt to delay the trial until March 4, 2024, which coincides with the Texas primary. They cited their own scheduling conflicts as the reason behind this request. However, the judge rejected their plea.
There has been no opposition for Frazier since he announced his reelection bid in late July.
In the 2022 primary, Frazier, a Dallas police officer, faced allegations stemming from his candidacy for the open seat in House District 61. This district encompasses portions of McKinney and Frisco and enjoyed support from prominent Republicans, including former President Donald Trump. The indictment alleges that Frazier posed as a McKinney city code enforcement employee on two separate occasions, instructing individuals to “take down campaign signs.”
Paul Chabot, Frazier’s opponent in the runoff, claimed that it was his signs that had been specifically singled out.
After effortlessly winning the runoff, Frazier found himself facing charges when a Collin County grand jury indicted him about a month later. Frazier was promptly put on administrative leave by Dallas police, while their Internal Affairs division launched an investigation into the matter. According to Kristin Lowman, a spokesperson for the department, the investigation is still in progress.
When Frazier’s campaign was indicted, they attributed the charges to baseless complaints by Chabot and remained optimistic that the jurors would discern the falsehoods in Cabot’s claims.
No response was received from Frazier’s campaign or his lawyer, Robert Rogers, in regards to the request for comment.
The case led the Collin County district attorney’s office to step aside, resulting in the appointment of a special prosecutor named Will Ramsay. Ramsay, who serves as the 8th Judicial District Attorney, has failed to respond to numerous inquiries seeking details about the case.
As the Nov. 6 trial is anticipated to be postponed, court documents indicate that there has been a significant amount of activity from the state since the case resumed in the latter part of the summer. As of Monday, almost twenty subpoenas have been received.
On August 7th, Judge Jim Pruitt, a Rockwall attorney, former mayor, and former Dallas County criminal court judge, scheduled the trial for November 6th.
“In an email, Pruitt stated that the trial date for the case is still scheduled for November 6. However, he mentioned that if the Governor decides to convene a special session, it could potentially affect the said trial date.”
Abbott has notified the Legislature of his intention to commence the third special session of the year on October 9th.
Lawmakers have the privilege of utilizing legislative continuances to postpone their involvement in cases until 30 days after the conclusion of the legislative session. In January, Frazier initially obtained a legislative continuance, referring to the regular session that extended until late May. Later, he was granted an extension of the continuance, which further suspended the case until after the conclusion of the second special session in mid-July.
In the event that the third special session lasts for a complete 30 days, Frazier’s case might not continue until the beginning of December. Additionally, Abbott has openly warned about the possibility of a fourth special session if legislators fail to pass his long-delayed education agenda, which could further delay Frazier’s case until 2024 — and bring it closer to the March primary.
