Texas Supreme Court
Scott Bradley, Petitioner v. the State of Texas on the Relation of Dale White, Respondent
April 8, 199942 Tex. Sup. Ct. J. 513
Summary
The Texas Supreme Court held that the Westlake Board of Aldermen violated Texas Rule of Civil Evidence 605 when board members who acted as judges in Mayor Bradley's removal trial also testified as witnesses, rendering the removal unlawful. Accordingly, the Court reversed the Court of Appeals and entered judgment for Bradley, declaring him the lawful mayor. Justice Abbott, in a concurring opinion, argued that the underlying removal statute is unconstitutionally vague, but the majority relied solely on the Rule 605 violation.