A recall petition against District Attorney FrancisHUnderwood was filed with the Electoral Commission on September 13th by Xolaaz, the former Chief Assistant District Attorney whose firing is at the center of the petition’s allegations. Underwood’s office has since filed a formal response disputing the petition’s account.
The Petitioner’s Case
According to the petition, filed on Form 117a, the dispute traces back to The People v. bob_govv, a case opened against the sitting County Executive following a tip the DA’s office received on August 29th regarding the July 24th shooting at County Hall. The petition states that Xolaaz, then Chief Assistant DA, reviewed the tip and found the charges warranted, and that when he asked Underwood directly for approval to proceed, Underwood’s only response was “will review.” The petition says the case was filed on September 1st after a deputy DA indicated agreement, and that Underwood did not rescind the filing or discipline anyone over it, instead helping prepare the case for trial in the days that followed.
The petition further states that on September 2nd, after the Independent Commission on the Judiciary began moving to strip the case from the DA’s office and hand it to a special prosecutor, Underwood told Xolaaz he would not back down or “tarnish the image of the office” by dropping it — and that less than six hours later, shortly after the special-prosecutor paperwork was filed, Underwood fired Xolaaz. The petition alleges Underwood gave several different explanations for the firing within a short span, including “cause I don’t like you,” and argues the termination followed no formal disciplinary process or prior notice.
Harrison County deserves a DA who actually does the job. Sign the recall.
The petition also alleges Underwood has personally filed zero cases as District Attorney and was largely inactive in internal case communications, arguing this supports grounds of neglect or failure to perform official duties, in addition to corruption or abuse of office. The petition’s short summary states: “Harrison County deserves a DA who actually does the job. Sign the recall.”
The Incumbent’s Response
In a formal response dated September 23rd, Underwood disputed the petition’s account and stated that the underlying case, People v. bob_govv, is currently active and being prosecuted. Underwood said he never ordered anyone to drop the case, and that his instruction to Xolaaz was to complete a full investigation before filing charges against a sitting County Executive, not to abandon the prosecution. Underwood said the case was ultimately filed without his approval and before that investigation was finished, and that he brought in the Independent Commission on the Judiciary for a special prosecutor afterward “not to shield anyone,” but because the office’s credibility had been compromised by the unauthorized filing.
On the firing itself, Underwood’s response states that Xolaaz was formally notified of insubordination, unauthorized case commencement, and unauthorized media contact as grounds for termination, and denies that outside pressure influenced the decision.
On the petition’s claim that he has been inactive as DA, Underwood’s response argues the office is not “a one-person show,” stating that his Criminal Division has roughly ten active cases and another dozen in preparation, and that his role as DA is to supervise staff, review major legal decisions, and set policy rather than personally file every case.
A Procedural Note From the Election Commission
Underwood’s response was accompanied by a notice from the Election Commission stating that the recall petitioner had failed to provide potential signatories with the proper form — Form 117b — during signature collection, which would have let them see the incumbent’s response before signing. The notice lists names of individuals who had signed the petition and instructs that, for their signatures to remain valid, they must confirm with the Election Commission that they have read and acknowledged the incumbent’s response.
What’s Next
This is the second recall petition to become public against a Harrison County official in recent days, following a separate petition targeting County Executive bob_govv — the same official at the center of the case underlying the dispute between Underwood and Xolaaz. The Harrison Independent will continue to follow both recall efforts as they proceed through the Electoral Commission’s process.
This is a developing story.