Hays County clerk could be suspended as deportation efforts continue

A judge is considering the “extraordinary” firing of Hays County District Clerk Avrey Anderson, who was accused in court Tuesday of professional incompetence, neglect of his official duties and promoting a hostile work environment.

In considering a temporary suspension of Anderson while proceedings to permanently remove him from office are underway, Hays County District Judge Amy Clark Meachum on Tuesday did not issue a ruling that would allow Anderson’s immediate suspension, but stressed the urgent need to remedy the situation.

“I want to move forward on this case,” Meachum said. “I think we need to move forward, no matter which side you’re on, and at a certain pace to make sure we bring this process to an appropriate conclusion.”

Meachum expects a trial on Anderson’s permanent dismissal will be scheduled for October. She hopes to issue a ruling on the temporary suspension within the next two weeks.

Anderson, who was elected at age 19 after defeating longtime Republican incumbent Beverly Cowan Crumley in 2022, faces a barrage of complaints about ongoing negligence in the processing of various legal documents that the office is required to record and distribute.

In particular, subpoenas were not served and other documents simply disappeared, testified Gregg Cox, First Assistant District Attorney of Hays County.

Cox described the ups and downs of his collaboration with Anderson, both the procedural problems that arose from a lack of experience and Anderson’s apparent unwillingness to learn at times.

“Our prosecutors and investigators have had to adjust their processes and approach to ensure that there is enough time for the county clerk’s office to do its job and not interfere with the case,” Cox said in court, “particularly our investigators when it comes to processing subpoenas.”

Court summonses were also not processed for a while, Cox said, so there were no defendants or judges and the trials were held without a jury.

“There was a period when no jury appeared,” Cox said. “Mr. Anderson did not seem to realize that he had to do that.”

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Maximiliano Hernandez, a deputy clerk who would run the county clerk’s office if Anderson were temporarily suspended, described a tense work environment created by Anderson’s erratic behavior.

In a lengthy and emotional statement, Hernandez expressed his frustration with Anderson’s approach to running the office, his outbursts of obscene and threatening language, and his general absence from the daily workflow.

“It’s frustrating that this is the third time I’ve had to testify against this administration,” Hernandez said. “Frankly, it’s embarrassing that this case is being brought against our office.”

In his testimony at the end of the nearly four-hour hearing, Anderson apologized for comments directed at office staff as well as Hays County District Attorney Kelly Higgins, saying the outbursts were caused by “extreme frustration.”

“Sometimes I’m not very emotionally intelligent and I don’t want to make anyone feel bad. I don’t want to make anyone feel uncomfortable,” Anderson testified. “And the response about Mr. Higgins was inappropriate. I regret saying that too.”

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Anderson and Higgins had an early falling out after taking office, as both were up for election in the 2022 election cycle. Anderson filed a complaint, which has since been withdrawn, to remove Higgins from office under a law passed by the House last year designed to target and remove progressive “renegade prosecutors.”

Meanwhile, Higgins has not protested against the call for Anderson’s dismissal.

Higgins watched the proceedings from the back of the courtroom on Tuesday and laughed quietly when Anderson’s questionable comment came up, in which he said he wished Higgins would get hit by a bus. Higgins declined to comment on the ongoing litigation but said he was optimistic about the future outcome of the case.

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