Hays County District Clerk held in contempt over jury summons error, according to an attorney

HAYS COUNTY, Texas (KXAN) – The Hays County District Clerk was held in contempt of court Tuesday after issues with jury summons deliveries, according to an attorney who was in court. 

Hays County District Clerk Avrey Anderson Sr. said in a release on Jan. 4 that more than 6,000 jury notices were affected “throughout multiple county offices” due to an error by a Hays County vendor. Hays County officials then had to hand deliver jury summons to potential jurors.

Hays County Judge Tanner Neidhardt summoned Anderson for a “show cause,” so Anderson could explain the issues with the deliveries to the court. 

“He appeared with counsel and was given an opportunity to basically explain why he failed to issue jury summons. In those particular cases, and more generally, for the entire months of January and February,” said Thomas Just, an attorney who attended the hearing. 

“Ultimately, he didn't do so to the satisfaction of Judge Neidhardt and [Anderson] was held in contempt. Judge Neidhardt told him that should this happen again, [Anderson] will face a $500 fine and 30 days in the Hays County Jail,” Just continued. 

Anderson said he would prefer not to comment at this time. 

A Texas district clerk oversees all filed district court lawsuits. They keep track of lawsuits from filing to conclusion and help prepare case records for suits that appear in front of a judge.

“It's a really technical job,” Just said. “It requires someone who knows what they're doing and is ready for that kind of responsibility.” 

“If [jurors] don't get a summons, then we can't have a trial. And if we can't have a trial, then people don't get their day in court. This means, in some cases, people who are presumed innocent until guilty have to stay in jail, which violates their Sixth Amendment right to a speedy trial,” Just said. 

Just, representing real estate attorney Chloe Love, filed in September a civil lawsuit against Anderson, alleging several incompetencies, including, among other things, failing to deliver jury summons and subpoenas, and ineffectively filing grand jury indictments promptly. 

“It's our responsibility to this profession and members of our community to do something about it and try to fix it,” Just said. “We felt it was incumbent upon us to go ahead and file this lawsuit to remove [Anderson].”

2022 District Clerk Election

In November 2022, Hays County voters elected a 19-year-old Avrey Anderson over the incumbent Beverly Crumley, who had more than 30 years of experience in the Hays County District Clerk’s Office.

Both candidates told KXAN after the election they thought the results had a lot do with the letters next to their names: a ‘D’ for Democrat next to Anderson’s and an ‘R’ for Republican next to Crumley’s. 

“A district clerk is essentially the record keeper for the court system. Everything from sending out jury summons [and] preparing the clerk's file when you have in a criminal case – a judgment that sends someone to prison,” said Benjamin Gergen, an attorney with Gergen, Hale & Campbell.

“The district clerk is really the paper pushers that make the criminal justice system go round,” Gergen continued. “Republican or a Democrat district clerk – there's no difference. I mean, you're doing the same work, regardless of your party affiliation.”