The Field Review - Local

Hays County District Clerk Suing to Remove District Attorney From Office

PLEASE NOTE: Nothing in this publishing or on this website should be taken as legal advice.

Hays County District Clerk Suing to Remove District Attorney From Office

Newly elected Hays County District Clerk, Avery J. Anderson, is suing Kelly Higgins, the newly elected Criminal District Attorney for Hays County. Both men took office on January 1, 2023, for their first terms. Both individuals are listed as Democrats in their elected roles.

Anderson is alleging that Higgins has committed official misconduct for his public declarations indicating the official policy of the District Attorney’s Office. Specifically, Anderson, in his petitions, cites that Higgins has made public comments stating that he will not prosecute simple drug possession, low-level marijuana offenses, and illegal medical procedures committed by licensed physicians, such as transgender treatments and abortions.

Anderson goes on to cite a reduction in felony drug possession cases since the alleged policies. Specifically, it is stated that an excessive number of felony-level marijuana, methamphetamine, and cocaine possession cases are being dropped for random or nonspecific reasons by the District Attorney’s Office.

The foundation of the lawsuit indicates Higgins has violated section 87.013 of the Texas Local Government Code by “intentional or corrupt failure, refusal, or neglect of an officer to perform a duty imposed on the officer by law,” and/or “a prosecuting attorney’s adoption or enforcement of a policy of refusal to prosecute a class or type of criminal offense under state law or instruct law enforcement to refuse to arrest individuals suspected of committing a class or type of offense under state law.”

We reached out to Higgins for comment, and he stated that he cannot comment on the matter as he is a party to the pending litigation.

The Caldwell/Hays Examiner, a known Democratic publication, cited Anderson as an “incompetent teen who rode the ‘Blue Wave’ into elected office in 2022 as the Hays County District Clerk and exposed himself as both a traitor and a clown.”

Some of Our Previous Publishings on the Hays County Criminal District Attorney and this Topic

We initially highlight both candidates for the Hays County District Attorney’s Office in our publishing, “Who are the 2023 Candidates for Hays County Criminal District Attorney?

Higgins has expressed his views on what the Criminal District Attorney’s Office should be and we have previously made publication entitled “Get to Know Your Candidate: Democratic Party – Kelly Higgins for District Attorney – Series One.

He has also expressed to us his view on marijuana enforcement in our publishing “1 Cannabis Opinion: Democratic Party – Candidate for Hays County District Attorney – Kelly Higgins.

Prior to Wes Mau, the prior Criminal District Attorney, leaving office a request was sent to the Texas Attorney General’s Office to obtain an opinion related to marijuana enforcement. Once Higgins took over, the opinion request was cancelled as we noted in “Hays County District Attorney Cancels Predecessors Request for Attorney General Opinion on Marijuana Enforcement.”

We have requested information related to low level marijuana enforcement and published, “Hays County District Attorney Dismissed and Declined Numerous Low Level Marijuana Cases Since Taking Office.”

Hays County – Petition Has No Service

At the moment, Anderson’s petition does not have a citation issued and has not been officially served through that process. It appears Higgins did receive a copy of the petition to his government email. We are unsure what supporting information Anderson will be presenting to the court if the matter is to proceed. We did not see an attorney listed for Anderson.

A Couple of Our Other Reads

You may be interested in our publishing on the Hays County jail.

Or you may find our publishing on the campaign finance reports for the current candidates for Hays County Sheriff, of interest.

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