District clerk files petition seeking DA removal
In a surprise turn of events Wednesday, it was announced that Hays County District Clerk Avrey J. Anderson has filed a petition calling for the removal from office of Hays County District Attorney Kelly Higgins.
The petition which was filed in the 3rd Administrative Judicial Region on Sept. 12 with Anderson as relator-plaintiff, is calling for Higgins to be removed from his public office “pursuant to Chapter 87 of the Local Government Code.”
According to language in the filed petition, specific criteria are given regarding what are alleged to be deficiencies in how the office of district attorney is handling the prosecution of certain crimes in the county, including those associated with drug possession offenses, simple cannabis possession offenses, illegal procedures committed by a licensed physician in the case they are illegally treating transgenders and illegal procedures committed by a licensed physician in the case they are performing unlawful abortions.
The petition stated that Higgins was elected to his office in 2022 and was sworn in January 2023.
Hays County District Attorney Kelly Higgins when reached for comment in connection to the petition stated, “As I am a party to pending litigation, I cannot comment at this time.”
When contacted for comment, Anderson said that a relator with regard to a cause of a removal action is “the person who brings a petition for said action in the name of the State of Texas.”
According to the petition, 'An excessive amount of felony possession of cannabis causes are being declined for random and nonspecific reasons,' adding that felony possessions of meth-amphetamine causes are being declined, also for what is alleged to be random and non-specific reasons.
The petition appears to request that a jury trial be called in connection to the petition.
As of time of press, it was unclear what the next steps in this process will be.
Anderson stated, “We will see what happens in the coming months. The people of Hays County deserve a better leader that will ensure the justice of the community with integrity.”
