Teresa Baumann Deposition - Main Justice
Teresa Baumann Deposition - Main Justice
Teresa Baumann Deposition - Main Justice
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first page of Exhibit 44, you wrote to Martha Fagg citing<br />
USAM 1-4.100 that "Department employees shall report any<br />
evidence or non-frivolous allegation of misconduct that may<br />
be in violation of any law, rule, regulation, order, or<br />
applicable professional standard."<br />
So my question is, did you believe that anything in<br />
the order from Judge Bennett of November 10, 2009, suggested<br />
misconduct?<br />
A. It was, in my opinion, evidence of misconduct in<br />
that she was not following the local rules.<br />
Q. Well, what -- Let's start with what is misconduct as<br />
opposed to just, say, ordinary negligence, as an example.<br />
What is misconduct as you understood it?<br />
A. I consulted the General Counsel's Office to<br />
determine whether this is something that Martha should report<br />
to OPR, and they advised me about whether it was or was<br />
not.<br />
Q. What did they advise you?<br />
A. That she should report it to OPR.<br />
Q. Do you understand why?<br />
A. Because it's findings by a judge that she failed to<br />
follow several rules of the Court, and that's for OPR to<br />
determine whether that's misconduct or not.<br />
Q. Who did you talk to at -- Is it OGC?<br />
A. GCO.<br />
Gov. Appendix Page 141<br />
Case 5:12-cv-04029-RGK Document CASSADY 53-1 COURT Filed REPORTING 08/15/13 Page 27 of 35<br />
(515) 243-5154