The Lone Star Review - State

Hays County District Clerk, Petition Filed For Removal

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In what seems to be a never-ending game of cat and mouse, a Hays County resident has submitted a petition to oust the Hays County District Clerk following the District Clerk’s own attempt to remove the Hays County District Attorney. One can’t help but wonder about the motives and the ongoing saga surrounding these petitions.

Hays County District Clerk, Petition Filed For Removal

Hays County District Clerk, Avrey Anderson, took an assertive stance by filing a petition against the Hays County District Attorney, Kelly Higgins. However, Anderson’s own position is now under scrutiny as Hays County resident Chole M. Love has come forward with a petition of their own. This petition alleges claims of incompetency and official misconduct against Anderson, further intensifying the ongoing situation.

The twelve-page filing details the assertions put forth by Love against the Hays County District Clerk. Love highlights specific areas of concern in this filing. Moreover, Love requests the preservation of evidence to substantiate their claims. Shortly thereafter, Higgins promptly recused himself from the proceedings, recognizing the presence of conflicts of interest.

Love Identifies the Accusations Against the Hays County District Clerk

Anderson’s Lack of Accountability in Office – as explained in Love’s petition:

Since taking office as the District Clerk of Hays County at the young age of 19, Anderson has faced a number of concerning allegations. The petitioner, Chole M. Love, has highlighted various instances where they believe the Anderson has displayed incompetence and official misconduct.

One of the key issues presented is the Anderson’s repeated failure to provide records to the Third Court of Appeals within the required timeframe. This delay in the appellate process has detrimental effects on the justice system, as the saying goes, “Justice delayed is justice denied.” By requesting additional time on multiple occasions, Anderson has hindered the progress of appeals, potentially denying justice to those involved.

Another serious accusation is Anderson’s consistent failure to deliver jury summons. As a result, numerous trials have been postponed, contributing to a backlog of pending cases and increasing the population of the Hays County jail, where individuals await trial. This not only wastes taxpayer money but also raises concerns about the potential violation of defendants’ due process rights.

Anderson’s failure to timely deliver subpoenas further exacerbates these problems. This negligence carries similar consequences as the failure to send jury summons, including the risk of evidence being destroyed. Additionally, Anderson’s repeated failure to file grand jury indictments in a timely manner has only added to the delays in the courthouse, compounding the issues mentioned in the petition.

One particularly alarming accusation involves the Anderson’s failure to send temporary protective orders to the appropriate law enforcement entities. These orders are crucial in protecting individuals from potential harm, particularly in cases involving sexual assault, abuse, stalking, trafficking, and other forms of harm. The failure to deliver such orders puts those protected at unnecessary risk.

Furthermore, Anderson’s inconsistent payment orders to the Hays County Treasurer’s Office have resulted in both overpayments and underpayments by numerous defendants. The exact number of affected individuals remains unknown at this stage. Similarly, Anderson’s failure to disburse restitution payments in a timely manner has drawn attention from the Hays County Treasurer’s Office. Warning and notification letters have been ignored, demonstrating a lack of attention to the orders of the District Court.

These allegations paint a concerning picture of Anderson’s actions since assuming office as the Hays County District Clerk. The ongoing saga surrounding the petitions of removal against both the Hays County District Clerk and the District Attorney adds further complexity to the situation. As the matters unfold, it is essential to ensure transparency and accountability, holding those in power responsible for their actions.

Motion to Recuse Hays County District Attorney’s Office

In response to the petition filed by Hays County resident Chole M. Love to remove Hays County District Clerk Avrey Anderson from office, Hays County District Attorney Kelly Higgins has submitted a motion to recuse his office from prosecuting the present cause.

Higgins explains that he is currently an adverse party to Respondent Avrey Anderson in pending litigation, as Anderson had previously filed a petition to remove Higgins from office, which is still pending. Due to this adversarial relationship, Higgins believes that he and employees of his office may be material witnesses in proceedings arising from Anderson’s petition.

Furthermore, Higgins states that he currently possesses material evidence in the present cause. However, as the prosecuting attorney, he would not be able to sponsor this evidence, and neither would other lawyers working within the Hays County District Attorney’s Office. To ensure due process and avoid any appearance of impropriety or personal animus in this cause, especially considering its implications for governance in Hays County, Higgins proposes that he and his office be recused from prosecuting the present cause.

Higgins suggests that the court appoint an Attorney Pro Tem to handle the prosecution of the present cause. He assures that he will fully cooperate with the Attorney Pro Tem as requested and make staff and lawyers working under his office available to assist in the prosecution.

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A Couple of Our Other Reads

You may be interested in our publishing on the initial petition filed to remove the Hays County District Attorney.

Or you may find our publishing on the Hays County District Attorney’s response to the petition to remove him from office, of interest.

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