Fannin County, Texas -- Three things would seem to be painfully apparent after the regular meeting of Fannin County Commissioners Court on Tuesday, June 17, 2025.

First of all, there is a palpable, rising level of anger among a sizable portion of county residents that is focused on Fannin County Judge Newt Cunningham for his prominent role in the six indictments that were dismissed in the courthouse restoration case. The entire situation was apparently manufactured by a retired district judge who has already been admonished by the state for conduct and a retired Fannin County DA, both of whom suspiciously retired after setting this fiasco in motion. The consensus of the people who addressed commissioners court Tuesday was that, at the very least, the county needs to apologize to the six families that were tormented by months of threatening litigation that was eventually dismissed for lack of evidence. The county residents are ready to put this politically motivated witch hunt in the rear-view mirror and move on.

Secondly, Fannin County Judge Newt Cunningham appears unable to do so.

And thirdly, the county is ready to move on without him.

A petition will be circulated in an effort to remove Cunningham from office.

Bonham resident Larry Moss was the first speaker in public forum.

"You have postured at every opportunity on these indictments...held center stage in your court," Moss began. "By supporting these indictments to the extent that you did, you have placed Fannin County and its citizens in a very perilous position financially. And you have placed six people, and the families that love them, in a position of worry that was totally unknown to them beforehand. I think you should consider that you should resign. There is something that you can do now for the good of Fannin County, and I would ask you to resign your position as county judge. Move on. Do it right now today. Your help is not helping."

Jason Walker was up next.

"We've sat here and listened to well over a year about how people are guilty, but they were never proven guilty," Walker stated. "And you know we continued today to talk about grand juries and spent a lot of time trying to spin it."

Cunningham had opened public forum with, at best, a very questionable rehashing of the attempt to implicate people in cases that were dismissed for lack of evidence once they were examined by someone outside of Fannin County.

"Like I said last week, 99.9% of the cases taken to a grand jury are indicted," Walker reiterated. "That's a rubber stamp, folks."

Walker objected to Cunningham telling a local TV station that he didn't know why charges were dropped, calling it a matter of speculation.

"Let me tell you something," Walker began. "You tell us you are a lawyer but you can't read legal papers. So, I'm going to read what it exactly said because there was no speculation."

Walker went on to add that, even after the costly and contentious debate about Cunningham's desire to pursue civil litigation, the civil case against Pct. 2 Commissioner A.J. Self and his attorney, Kyle Shaw, was also dropped.

"That makes you 0-8 in these cases," Walker told Cunningham. "For over a year, every time you start discussing this criminal case and these indictments you are proud of, which are all a bunch of malarkey, you always turn to your right and look at Mr. Self as you discuss this. You tell us how you are a Christian man and all this, so I'm going to give you the opportunity today to turn to your right and apologize to Mr. Self for everything you put him through. A Christian man would do that. Turn to your right and apologize."

"I can't respond to you," Cunningham told Walker.

"You don't have to respond to me," Walker told Cunningham. "You can do the actual apology...that's not responding. Here is your opportunity."

There was a pause while Cunningham considered his response.

"Do you repent?" Cunningham finally asked as laughter rang out at the blatantly pompous statement.

"You've got to be kidding me," Walker said.

Walker pointed out that a confidante of the politicians who caused this embarrassing debacle was on the record asking Self to resign -- not for being guilty, but simply for being indicted.

"So, I'm going to ask him, does he want to come and apologize?" Walker said as he turned and looked at the person who happened to be in the audience.

Apparently the person replied, "Absolutely not."

"What he didn't tell you is that he wanted a family member to be appointed if A.J. [Self] resigned," Walker told the court.

Walker recalled how former DA Richard Glaser appeared to impugn the character of the two architects that a Fannin County grand jury indicted by insinuating the architects could have "flipped" and offered evidence, in direct opposition to the court filings which clearly state their cases were dropped for lack of evidence.

Walker complained that the paper of record in Fannin County made front-page news of the indictments, but seemed reluctant to report when the cases were dismissed.

"Commissioners, I'm going to challenge you to find an alternative to the paper of record," Walker told the court.

Taxpayers would revolt if they realized how much of their hard-earned money goes to an obsolete "paper of record" concept that is as outdated as paying for a town crier. 

"If you really want the betterment of the county and us to move forward as you express, your resignation is what we need," Walker told Cunningham. "You've come to the point where all you want to do is sue people. You've increased your staff to add a civil attorney and a secretary. Well, now that we have no criminal cases and no civil cases, I'm going to challenge commissioners in budgetary meetings to eliminate the funding for that."

Windom resident Mike Nejtek told the court that, in his opinion, the six defendants have not been exonerated; the charges have been dismissed.

"Nothing has established that they are not guilty," Nejtek remarked, which flies in the face of the fundamental principle of our legal system that a person is presumed innocent until being found guilty.

Fannin County resident Nita Bankston called the court's procedural conduct "deeply flawed."

"Judge Cunningham, you were elected to preside, not to participate," she stated. "You were not elected to dominate the conversation or drown out commissioners, citizens or our concerns."

Bankston went on to say, "This is not your courtroom -- this is our courthouse. We do not govern by spread sheet, sir, we govern by principle. This is a fixable problem. It starts with humility and transparency with respect for the people that you serve. Are you ready to be that leader, is my question? If not, pass the gavel, sir, and let someone else lead us into the future."

Honey Grove resident Tammy Woods wrote in on Zoom to say that Randy Moore and the current county judge pushed the indictments and divided the county.

"It is time for you to resign," Woods wrote, and she went on to say that she would be presenting a petition to remove Cunningham from office.

"It is time for Fannin County to heal and Judge Newt needs to be removed," Woods said. "On September 1, 2025 I will be submitting that petition for Judge Newt to be removed."

In other business....

All five members of Fannin County Commissioners Court were present for a regular meeting held Tuesday, June 17, 2025.

The meeting opened with an invocation by Mark Posey, pastor of First Congregational Church in Bonham, and pledges were led by Major James Manis (Ret.).

*****

Fannin County Judge Newt Cunningham introduced Texas State Representative Shelley Luther and Savoy Mayor Roger Cada in attendance.

*****

Routine items

Commissioners court discussed payment of bills totaling $145,235.50.

Pct 1 Commissioner Troy Waggoner questioned a $35,793.00 invoice from Eikon regarding the parking lot.

The county had submitted drawings for storage areas, but Eikon is not responding.

Assistant auditor Sherry Zindars said the county could withhold that payment.

"Until they give us some answers, I don't think we need to give them another cent," Waggoner stated emphatically.

"I agree," echoed Pct. 2 Commissioner A.J. Self. "They have been extremely slow on getting us that. We have been asking for that since October."

Commissioners approved bills with the exception of the payment to Eikon.

*****

Commissioners court approved minutes from regular meetings held March 7, 2023 and September 7, 2021.

There was a discussion regarding how many sets of minutes are still backlogged. 

*****

Michael Gilbert with Allegiance Mobile Health presented the Emergency Medical Services report for May 2025.

Gilbert reported 199 calls, 142 transports, 30 patients were treated but not transported, 5 refused treatment or transport, cancelled en route 20 times

The longest response time was 42 minutes.

The shortest response was less than a minute

The average response time was 12 minutes and 18 seconds.

Cunningham asked about one complaint of a 45-minute response and was told that all ambulances were busy, so Allegiance and called Bonham EMS for back-up mutual aid.

"Does the Bonham ambulance work well with you?" Pct. 3 Commissioner Kurt Fogelberg asked Gilbert, and Gilbert responded, "Yes."

*****

Report of monies collected by the county clerk’s office for May 2025; all courts $16,839.24 and land records $37,874.50.

*****

Discussion and possible action items

Commissioners court voted to approve an extension of the Declaration of Disaster for Severe Weather issued on June 11, 2025.

*****

Commissioners court approved a bid of $72,000 for a 2010 motorgrader for Precinct 1, to be paid out of TexPool funds.

*****

Commissioners court voted to enter into an Interlocal Agreement with Lamar County to share specific equipment.

Fannin County and Lamar County share 7-8 miles of county-line roads.

The Interlocal Agreement is for one year with an option for annual renewal; it will allow counties to share resources and equipment.

Fannin County will pursue the same agreement with all surrounding counties and some form of additional Interlocal Agreements could possibly be on the agenda next week.

*****

Commissioners court passed on an agenda item regarding the designation of specific county roads as restricted zones prohibiting thru truck traffic; including county roads 2510, 2500, 2040, 2010 and 2005.

Those five roads are shortcuts between FM 273 and State Highway 78.

This is not to impact or deter businesses located on the roads, delivery trucks or other everyday business.

"Will this be enforced?" county resident Molly Hayes asked and was told yes.

Jason Walker suggested an agricultural exemption for farmers who use semis to transport cattle and hay.

"I'm fine with giving an exemption for agriculture," answered Commissioner Waggoner.

One county resident wrote in on Zoom to suggest the county focus on road maintenance instead of heavy trucks and was told that heavy trucks are doing significant damage to roads. 

*****

Commissioners court voted to give Crossland Construction permission to raise door headers to 9’ on Sally Port overhead doors and to order 10’ x 9’ doors with quick breaks to avoid delays to Justice Center project, not to exceed $10,000.

This is considered a minor change that won't require a change order.

The doors are estimated to cost $4,500 each.

*****

Commissioners court approved action regarding election equipment repairs, not to exceed $10,000.

Fannin County Clerk Jenny Garner explained that her budget has $64,798 in a line item for election funds. Garner added that she has an opportunity to apply for a grant for up to $104,000.

*****

Commissioners court passed on an agenda item regarding filing claims with the contractors' insurance companies to recover costs for courthouse repairs.

Cunningham questioned whether the county has insurance it can file on.

Cunningham asked Walker to study accord filings and advise the county.

Walker asked why people are even in the courthouse if Cunningham is correct when he says lives are endangered by the electrical situation in the basement.

"Why are we in this building?" Walker asked. "You went off on a personal vendetta, you severely hurt the county's case and you took  a butt-whipping. Now that you've run out of options and we've taken a butt-whipping, you want to go after insurance."

Rusty Deets asked if all avenues for recovery closed when the county took possession of the building and Deets was told no.

The county is waiting on a comprehensive inspection of the courthouse by a qualified engineer. Cunningham  said he has managed to convince contractors to do more than $100,000 of repairs at the courthouse.

*****

Texas State Representative Shelley Luther addressed Fannin County Commissioners Court to give an update on bills that are on the governor's desk.

One bill would require wind turbines and Battery Energy Storage Systems (BESS) to recycle all equipment, which would mean their operations would no longer be cost effective. Another bill would require adequate fire-suppression systems.

Luther plans to re-file a bill that would allow residents to have a voice in where green energy facilities are located.

"What can the state do to help us now?" Pct. 3 Commissioner Kurt Fogelberg asked.

Luther said that BESS technology is so new that the state doesn't have an agency in place to regulate them.

Since many of the BESS facilities are located on land that is leased, Cunningham suggested structuring bills that go after the appropriate parties, not the land owner that doesn't have the money to clean up lithium-ion batteries.

Luther asked how the BESS plant got established and was informed it was approved by a previous judge and commissioners court.

"Are they breaking the law or contracts?" Luther asked.

"They have broken a lot of the provisions in the written agreement," Cunningham said.

"Everything that has BESS on it, I was against it," Luther told commissioners court and she said the involvement of Savoy Mayor Roger Cada has been "absolutely phenomenal."

Luther said Bess facilities need to be further away from schools and homes.

"We're against all of it -- no green energy -- zero," Luther remarked. "We don't need it. We need reliable grid energy and that's what I voted for."

Open discussion items

Open discussion items may be passed on unless discussion requested by a member of the court or a citizen.

In regard to Subdivision Committee and Subdivision Policy, Savoy resident Cindy Tranzano asked about the tax abatement given to the BESS facility.

A previous commissioners court gave the company tax abatement for 10 acres, but it has exposure for the remaining six acres that the county can pursue or use for leverage to improve safety.

"We're birddogging them and trying to get them to comply with what they are required to do," Cunningham said.

Tranzano said the lone entrance to the BESS plant would be a dangerous route when responding to an incident at the facility because the prevailing wind is out of the south. She also noted the lack of water supply to the site.

Tranzano asked for information about the emergency evacuation plan, and how people in Savoy will be notified.

*****

In regard to courthouse litigation, Tammy Nichols Woods was so incensed by Cunningham's behavior that, after writing in on Zoom, she made the drive from Honey Grove to Bonham in order to tell Cunningham to his face about the petition she plans to file to remove him from office.

"The reason the petition came about is to get people like you out of that chair," Woods told Cunningham. "A.J., Commisioner Self, I apologize -- probably for half of Fannin County -- for what you and your family had to go through."

"Thank you," Commissioner Self said quietly.

"Commissioner Fogelberg, thank you for your service for Precinct 3...I appreciate it," Woods continued.

"You're welcome," Fogelberg replied.

Turning her attention back to Cunningham, Woods said, "I want you to get to know this face. I have been part of politics in this county since 1987. Ask anybody in here they'll tell you how I've been in politics since 1987. You, sir, have done nothing but bully this commissioners court and everything else."

Woods informed Cunningham of her recent trips to Austin to work with three state representatives to help develop HB 2715 which relates to the removal from office of certain officers of political subdivisions. 

"We are going to start a petition," Woods said firmly. "We need 500 signatures, from what we understand. We will be working on that starting September 1, 2025. Then it will be in front of Judge Tillett, and I don't know where it goes from there."

Woods said HB 2715 is sitting on the governor's desk and she expects it to be signed.

"What you did, and what this court did to three families in this county, divided this county because three of those citizens [with dismissed cases] were very committed to this county, with Commissioner Self being one of them," Woods told the county judge.

"File your petition," Cunningham replied. "I will be glad to go down to Judge Tillett's court and explain myself on the record and bring up all sorts of materials that will explain what I did and why I did it. And I think that would be eye-awakening for the county. And if you want to bring me down there I am delighted to stand for the county."

"What you did when he [Walker] asked you to turn around and apologize to Mr. Self was absolutely disgusting," Woods told Cunningham.

Woods went on to say, "I didn't do anything, but I'm apologizing to A.J. Self for what my county -- the county I love so much -- did to him and his family."

She explained to Cunningham just how much trauma he had visited on all six families in the courthouse restoration case.

"I was on Zoom," Woods reminded Cunningham. "I ran from Honey Grove to Bonham because I wanted you to put a face to the name of the person you're going to be in front of when you are in Judge Tillett's court."

"I will be delighted to be held accountable for anything I have done," Cunningham responded.

Woods closed by saying she wanted to apologize to Commissioner Self for what his family has been put through by "a group of politicians who thought they could get away with it...and they didn't."

In regard to the Justice Center, Walker said, "We bought a building without inspecting the roof, and you talk a lot about bad business and how you're a great businessman. How did we buy a building with someone just telling us the roof is good without a good, proper independent inspection? That's bad business. Now, for the question everyone in this county wants to know. That thing [Justice Center] could have been bought way cheaper eight months before that. It was under contract. We overpaid for it. That [building] was owned by a man with a car dealership. Right after we overpaid and didn't do our due process, Randy Moore, the previous judge, had a nice maroon truck out here. You want to take any guess who owned the dealership that sold him that truck? Have we ever investigated whether he got a good deal on that truck, or whether he underpaid, or didn't have to pay what everyone else was paying? Why aren't we investigating that? Oh yeah...he helped you do your campaign. I think that explains it. We need to investigate stuff like that. We investigated all this other and just let some people run and we throw other people under the bus. Why aren't we investigating your buddy for maybe getting kickbacks and trucks?"

Cunningham suggested taking that information to the new DA.

Walker asked where the county is on the budget for the Justice Center and was told the county would try to bring it in for $16 million.

The building will likely need a new roof in 3-5 years, which is estimated to cost approximately $1-$2 million. Then there will be the cost of modifying the building in order to house the Tag Office and Juvenile Probation. Plus, there will likely be other modifications that have already been requested by other departments.

"County residents could care less about a fancy Justice Center," Walker told Cunningham. "You're putting a fancy façade up and all this other stuff. They don't need a fancy façade - they need a building that is usable and adequate, not a Taj Mahal. And it may not be a Taj Mahal, but it is way nicer than what a lot of people in this county live in. We don't need all that fancy stuff. What county residents want are roads that when they drive down 'em, the front end doesn't get knocked out of alignment."

Walker pointed out that the original budget for the Justice Center was supposed to be $9 million.

It will likely cost taxpayers double that amount.

****

In regard to water issues affecting Fannin County, the Fannin County Water Supply Agency will meet at 4:00 p.m. next Thursday at the Derrell Hall Education Center.

*****

In regard to overweight trucks and highway safety, "A lot of our state highways are pretty ragged now," Cunningham remarked.

*****

In regard to ordinances and enforcement, Cunningham said, "We have ordinances that need to be addressed."

There are also a slew of sewage issues throughout the county that also need to be addressed.

*****

In regard to the county fire marshal, Walker repeated his questions about the qualifications of Troy Hudson.

****

In regard to the county purchasing policy and procedures, the county is still operating under its old policy and procedures. Commissioners would prefer to operate without the constraints of the purchasing agent, but counties with a population under 100,000 are required to have a purchasing agent.

Cunningham repeated an insinuation that walking quorums may be occurring.

"You've accused us of doing that the whole time since we've been in office," Commissioner Waggoner responded. "I'm tired of listening to it."

"I'm warning you as the judge," Cunningham stated.

"So is the posse informing you we are in a walking quorum?" Commissioner Fogelberg asked. "Where do you get your information from? How do you know we are in a walking quorum?"

"I don't," Cunningham answered.

"What are you accusing us for then?" Waggoner inquired.

"You keep alleging walking quorums, and threatening whistleblowers and liability," Walker joined in. "Let's be transparent? What proof do you have these guys are having a walking quorum? Quit threatening these commissioners when it doesn't go your way. That's called being a bully, just like Mrs. Woods said. It's commissioners court. It's not Fannin County Judge's court. Do us a favor. Save us some time and money and resign."

"I'm going to do Fannin County a favor and stay in office," replied Cunningham.

In regard to purchasing, Fogelberg said, "It's a waste of time and money when you put something in the paper and you expect people in other counties and other states to read it. I guess we're going to get the shopper sent up  there to Colgate, Oklahoma so they can bid on the rock. It doesn't work that way. You have to go out and ask people to bid on it."