DA probes Dupuy’s residency at time of filing

GALVESTON — Police records, a lease agreement and statements from a judge’s former wife raise questions about whether the jurist lied on a 2010 application for placement on the Republican Party primary ballot.

The Galveston County District Attorney’s Office is investigating the residency of County Court at Law No. 3 Judge Christopher Dupuy, The Daily News confirmed last week.

Dupuy was elected during the November 2010 Republican sweep at the polls.

The judge, who was operating a law firm in League City at the time, listed 529 East Shore Drive in Clear Lake Shores as his permanent residence address on the primary application.

Dupuy had an apartment in Webster in Harris County at the time he applied for office, according to a report from Webster police and statements from his ex-wife, Adrienne Viterna.

Dupuy applied for office Jan. 4, 2010, the final day to file for a spot on the March 2, 2010, primary. He would have had to have permanently resided in Galveston County for six months before the filing deadline, according to state election law.

Citing judicial ethics rules, Dupuy refused to comment on whether he resided in Webster. He complained of what he called a “tabloid-like inquiry” and said the newspaper was demanding comment about “old, tattered allegations from obviously biased sources.” He refused a request for a face-to-face interview.

The Daily News obtained a copy of Dupuy’s notarized application document dated Jan. 4, 2010, from the Galveston County Republican Party and contacted Viterna, who said she left Dupuy in March 2009 and moved into 529 East Shore Drive.

Viterna gave the newspaper a signed copy of her residential lease, which commenced March 22, 2009 and expired March 31, 2010

The lease lists Viterna, who still had the last name of Dupuy, and her two children as the only occupants at that address.

‘He never lived there’

“He never lived there,” Viterna said. “There was never any intent for him to live there.”

Dupuy’s sworn application stated he’d resided continuously in Texas 38 years, in the county five years and in the district or precinct eight months. The application has a different mailing address for Dupuy, listing the address of his law firm.

Viterna left the couple’s League City house when it went into foreclosure, she said. Dupuy stayed in the house until June 2009, she said.

Viterna said she drove her children to Harris County for weekend visitations with Dupuy at the Las Palmas apartments in Webster. Before and after Jan. 4, 2010, Viterna made the trip between 10 to 20 times, she said.

Viterna’s attorney, Greg A. Hughes, gave the newspaper copies of certified mail envelopes, which he said Dupuy sent to his client during divorce proceedings. The mail stamped from Jan. 19, 2010 to Feb. 3, 2010, was addressed to Adrienne Dupuy at her Clear Lake Shores address and had return addresses for Dupuy at his League City law office and a post office box in Kemah.

Viterna twice requested Webster police perform a welfare check on her children at the apartment, she said.

Police responded Sept. 1, 2009, and again Feb. 26, 2010, to incidents involving Christopher Dupuy and Adrienne Dupuy, Webster police deputy Chief Thomas Claunch said. Police have documentation that lists an address for Christopher Dupuy at Las Palmas apartments, Claunch said. Both incidents were investigated and were unfounded, he said.

Under the Texas Open Records Act, The Daily News asked the City of Webster for any documents that might list an address for Christopher Dupuy at the apartments.

Spot on ballot questioned

“He never should have been on the ballot,” Democratic Party Chairman Lloyd Criss said. “I’m not blaming the Republican Party for that. It’s not their fault. All they know is what he turns in.”

State election law requires candidates to live in their district six months before the filing deadline to run for office, Rich Parsons, a spokesman for Texas Secretary of State, said.

Knowingly making a false statement on a registration application is a Class B misdemeanor and is considered perjury, according to the Texas Election Code.

John LeCour, former chairman of the Galveston County Republican Party, said he was present when a vetting committee interviewed Dupuy.

Dupuy said he had been sanctioned by the Texas Bar Association for a problem with an ad, LeCour said. “He put an ad in a PTA publication,” LeCour said. “It was a cheap ad, and he didn’t do it right.”

When Dupuy filed as a candidate for judge, he was under a six-month probated suspension from the state bar, which found he committed professional misconduct.

His website had misleading statements, according to documents obtained from the bar’s Grievance Committee.

The party supported Dupuy in his candidacy but was unaware of the allegations about his residency or of the abstract judgments against him, LeCour said. Had the party known, LeCour said it might have affected the party’s support during the general election.

Dupuy has two abstract judgment filed in the Galveston County Clerk’s Office against him, totaling $45,000.

“We didn’t have any resources to do any background checking,” LeCour said.

DA to resolve issue soon

In a Dec. 22 email to Galveston County Criminal District Attorney Jack Roady, The Daily News asked who would investigate alleged violations of election law in the county. Roady couldn’t confirm an ongoing investigation unless charges were filed.

Roady told the newspaper the question of residency is a complicated one and that appellate courts agree that the legal question of residency is a fact-driven and complex issue. The answer is dictated by a number of circumstances and subjective issues.

“Regarding enforcement of civil procedure rules, we will only investigate and prosecute cases where the law specifically grants authority to our office to do so,” Roady said. “Generally, violations of civil procedure rules are reviewed by appellate courts.”

After receiving Roady’s response, the newspaper contacted Viterna, and she agreed to an interview.

Her attorney Greg A. Hughes was also present. Viterna said she lost custody of her children in her divorce proceeding.

“I’m reluctant to go on the record, because I’m concerned for the welfare of my kids,” Viterna said.

During the interview, the newspaper learned a Galveston County prosecutor and investigator for the district attorney’s office contacted her regarding to Dupuy’s residency.

Roady confirmed last week his office’s involvement in the matter.

“The question of Judge Dupuy’s residency at the time of his filing was referred to my office,” Roady said. “I expect that the issue will be resolved soon.”

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At A Glance

The following is a time line of Dupuy:

2009

• March: Couple separates

• March 22: Ex-wife signs lease in Clear Lake Shores

• June: Couple’s League City house is foreclosed

• Sept. 1: Webster police called to Dupuy’s apartment

2010

• Jan. 4: Deadline for filing for Republican primary

• Jan. 4: Dupuy’s application lists Clear Lake Shores

• Feb. 26: Webster police called to Dupuy’s apartment

• March 2: Republican primary

• Nov. 2: Dupuy elected judge

SOURCES: Webster police, Adrienne Viterna, Galveston County Republican Party