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Hays County District Clerk Amends Petition to Remove, Requests District Attorney to be Served

Hays County District Clerk Amends Petition to Remove, Requests District Attorney to be Served

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


Hays County District Clerk Amends Petition to Remove, Requests District Attorney to be Served

Hays County Democratic Party has recently issued a statement regarding Hays County District Clerk, Avery Anderson Sr., who has taken a definitive step by filing a petition to remove the Hays County Criminal District Attorney, Kelly Higgins. In a show of determination, Anderson has now amended his initial petition, further solidifying his stance.

In a press release dated September 14, 2023, John Hatch, the Chair of the Hays County Democratic Party, expressed serious concern over the actions carried out by Anderson against a fellow Democrat. Hatch makes a bold statement, highlighting the recent effective date of the new law, September 1, 2023. He openly criticizes the law, deeming it as ridiculous and a product of extremist, anti-choice, and anti-LGBTQIA+ MAGA Republicans in the Texas legislature. Hatch firmly asserts that this law reflects an alarming zeal to control women’s reproductive health and deny individuals the freedom to love who they choose and be their true selves.

The press release makes mention of jail costs, potentially indicating acceptance to Higgins practices. Over the years, the Hays County Jail has consistently grappled with the pressing issue of overcrowding, which has necessitated the outsourcing of inmates to neighboring counties. This matter, unresolved as of yet, is firmly within the purview of the Hays County Commissioners Court when dealing with funding.

According to Hatch’s statement, he emphasized that he had spoken with Anderson regarding Anderson’s Democratic values. Hatch firmly believes that the lawsuit filed against Higgins is without merit.

Hays County Criminal District Attorney’s Campaign Page Echos Policy

On the Higgins campaign page, which is still active, there are representations of some of the campaign promises made leading up to and during the election. These same statements continue to be displayed fifteen days after the Texas Legislature enacted the law on September 1, 2023.

I will not use the resources of Hays County to prosecute cases of Trans youth receiving medical care.

The right of the people to pursue happiness as they choose is not the business of the criminal justice system. I do not propose to debate the propriety of choices made by the families of young people with regard to HRT or other medical approaches. I recognize the right of everyone to pursue happiness, and the right of families to support their children in that pursuit.

I will not use the resources of Hays County to prosecute abortion or other medical decisions made between a patient and their physicians.

This is a matter of conscience for me. In light of the long and successful recognition of privacy rights in our society, I cannot charge medical patients with crimes. Only the presence of other criminal activity, such as human trafficking, could provoke prosecution by my office.

I will not prosecute cases of simple possession of cannabis in Hays County

Hays County spends an average of $27,000 per case to prosecute possession of marijuana cases. Each year, 400 to 500 of these cases are initiated in our county. Simple math tells us that we are spending $10,000,000 per year prosecuting people young and old, either recreating or treating serious illnesses. Polling shows us that 70% of Texans believe cannabis should be legal and taxed. Hays County can no longer afford to spend tens of millions of dollars every year persecuting people for possession of marijuana.

I will reduce our jail population by ensuring that only people who pose a threat to public safety are held in jail while awaiting trial

Today, our jail is so overwhelmed with inmates awaiting trial that we have other counties, and even other states, holding them for us, all at great expense to taxpayers. I believe that unless a person poses a threat to public safety, they should be able to secure release from jail while awaiting trial or other disposition of their cases. This belief is founded in both fiscal responsibility and the long tradition in our law of a person being innocent until proven guilty. The wealth of a person charged with a crime should not be the determining factor in whether they are held in jail while awaiting trial.

I will divert resources from prosecution of simple drug possession cases toward helping bring solutions to the opioid epidemic plaguing the US, Texas, and Hays County

Instead of using taxpayer money to prosecute and punish substance abuse, I will work with local organizations to provide meaningful treatment options that have been proved to save lives and restore sobriety to people. But make no mistake, the dangers of Fentanyl are far too great to ignore, and these cases will be prosecuted to the fullest extent of the law.

I will prosecute abuses of power by public officials

People in positions of authority swear an oath to serve the public. That oath carries with it a higher duty to comply with the law and apply it fairly. Corruption cannot be tolerated by the people of Hays County, and I will not tolerate it. I will prosecute abuses of power by public servants without regard for status or party. To that end, I wi11 create a Public Integrity Unit within the OA’s Office, dedicated to ensuring that our public servants serve the public.

Campaign Platform, Kelly Higgins, Hays County Criminal District Attorney’s candidate website, retrieved September 15, 2023

Hays County District Clerk Adds Alleged Current Conduct in Amended Petition

In an update, there is a new development in the ongoing legal battle within Hays County. The district clerk, motivated by concerns of possible official misconduct, has taken a bold step and filed a lawsuit to remove the district attorney from office. In a recent twist, amendments have been made to the original petition. These changes, which were not formally served on Higgins yet, shed light on a crucial law change that came into effect on September 1, 2023. Moreover, the amended petition suggests that the prior law may have been violated as well, adding another layer of complexity to the case. This turn of events bears a striking resemblance to a similar petition filed against Nueces County District Attorney Mark Gonzalez, who, interestingly, has since resigned from his position.

Anderson goes on to make the following remarks in his amended petition:

Kelly Higgins has made a public declaration that he will not prosecute simple drug possession offenses and that he would divert resources in the prosecution thereof. He made these declarations on his website in 2022 and has talked about it throughout campaigning in 2022. To this date of September 14th, 2023 the public declaration remains on Kelly Higgins’ website.

Kelly Higgins has made a public declaration that he will not prosecute simple cannabis possession offenses.He made these declarations on his website in 2022 and has talked about it throughout campaigning in 2022. To this date of September 14th, 2023 the public declaration remains on Kelly Higgins’ website.

Kelly Higgins has made a public declaration that he will not prosecute illegal procedures committed by a licensed physician in the case that they are illegally treating underage transgenders. He made these declarations on his website in 2022. To this date of September 14th, 2023 the public declaration remains on Kelly Higgins’ website.

Kelly Higgins has made a public declaration that he will not prosecute illegal procedures committed by a licensed physician in the case that they are performing unlawful abortions (technically murder) under the law. He made these declarations on his website in 2022. To this date of September 14th, 2023 the public declaration remains on Kelly Higgins’ website.

AMENDED PETITION TO REMOVE HAYS COUNTY CRIMINAL DISTRICT ATTORNEY FROM OFFICE AND JURY DEMAND, Dated September 14, 2023, filed in Cause 22-2326.

Andersons’ petition suggests felony drug possession case practice also fall under an unlawful policy:

An excessive amount of felony possession causes are being declined for random and nonspecific reasons even after September 1st the earliest date past that date being September 6th and spanning in a variety of excuses for decline up until September 11th .

An excessive amount of felony possession causes have been declined for random and nonspecific reasons since January of 2023 to September 11th.

AMENDED PETITION TO REMOVE HAYS COUNTY CRIMINAL DISTRICT ATTORNEY FROM OFFICE AND JURY DEMAND, Dated September 14, 2023, filed in Cause 22-2326.

Anderson asserts his request to the Court. He calls upon the Court to take immediate action, swiftly suspend Higgins during the legal process, compel Higgins to respond to the lawsuit, and diligently proceed to trial on the merits.


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 Hays County Sheriff Campaign Finance Reports for July 2023, of interest.


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