HAYS COUNTY, Texas (KXAN) – People packed a Hays County courtroom Tuesday afternoon to follow a hearing about whether Hays County District Clerk Avrey Anderson – who was elected nearly two years ago at the age of 19 – should be suspended from his role without pay until a potential jury trial in October about his removal from office.
After listening to nearly three hours of testimony, visiting Travis County Judge Amy Clark Meachum said she would need more time to review case law before making a decision. She said she'd announce a decision by mid-July.
“I have heard some very serious allegations today, and I want to go back to the case law,” Meachum said. “Removing an elected official from office, when the voters have elected them, is something that no one should do lightly.”
This hearing precedes a trial on Anderson’s permanent removal from office, which pending no more delays, will happen at the end of October.
At the end of 2023, Austin attorney Chloe Love filed a petition to remove Anderson from office, stating, among other things, that he had failed to deliver jury summons and subpoenas, didn’t send temporary protective orders to the appropriate departments and consistently failed to timely file grand jury indictments.
Tuesday, the State brought witnesses to argue that Anderson is incompetent and should be suspended immediately.
“[His work] has disrupted the administration of justice in this county,” said Gregg Cox, the first Assitant District Attorney in Hays County.
“We have had judgments lost. We have had dismissals that are lost – declination forms that are lost. Subpoenas that are lost [and] subpoenas that are unprocessed and, therefore, cannot be served,” Cox told the court.
“We have had numerous cases that were set for trial. Errors are corrected, and then we can't go to trial because the indictments are not processed and served to the defendant,” he continued.
Assistant District Clerk Max Hernandez, who’s worked in the office for five years, testified that he and his colleagues frequently fear Anderson’s “erratic” behavior, making it difficult to execute their roles.
“In short, I'd say [he is] unstable, distracting, and, at certain times, aggressive,” Herandez said.
Hernandez also detailed several disturbing conversations with Anderson, where he made violent comments about colleagues and elected officials.
“He told me that he wanted to tie up one of our clerks, slit her throat, and watch her bleed,” Hernandez testified.
“He often makes comments about [Hays County District Attorney] Kelly Higgins,” Hernandez added. “One time, he said that he hoped that he got run over by a truck.”
Anderson did not endorse the language Hernandez used when describing what Anderson would do to one of his employees but suggested he knew when it happened.
“I was very frustrated at the time – if it is the time that I remember correctly,” Anderson said.
Anderson said he recalled comments he made about Higgins. He said he regretted those.
Anderson’s legal counsel, Joanna Salinas, acknowledged that Anderson has made mistakes but that he has worked hard to remedy them.
“The mistakes that had been made have been addressed. He's continuing to address them, he wants to continue to address them, and he is willing to continue to address,” Salinas said.
