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HAYS COUNTY, Texas (KXAN) — There’s a petition to have the Hays County district attorney removed from office.
The person who filed it? The Hays County district clerk.
What is the petition alleging?
The petition was filed by Hays County District Clerk Avrey Anderson on Tuesday, Sept. 12.
It alleged that Hays County DA Kelly Higgins implemented and executed a policy or policies that refused to prosecute a class or type of criminal offense under state law.
The petition said DA Higgins has made public declarations that he would not prosecute the following:
simple drug possession offenses
simple cannabis possession offenses
procedures committed by a licensed physician in the case that they are treating transgenders
procedures committed by a licensed physician in the case they are performing abortions
According to the court documents filed, there’s been an excessive amount of felony possession of cannabis, methamphetamine and cocaine cases being declined for “random and nonspecific reasons.”
A jury trial was demanded by the petition, as required by the Texas Local Government Code.
In the petition, Anderson requested Higgins be temporarily suspended and another person appointed in his place.
KXAN reached out to the district attorney. Higgins said he is not at liberty to discuss pending litigation.
KXAN reached out to Anderson but has not heard back yet.
House Bill 17
The petition cited House Bill 17, new legislation that went into effect on Sept. 1.
It now allows the courts to remove a district attorney for misconduct if they choose not to pursue certain types of crimes.
The petition referenced part of the bill that states: “A public declaration or announcement by a district attorney or a county attorney of an intent to prohibit the enforcement of any criminal offense is prima facie evidence of an adoption or implementation of a formal or stated policy for purposes of this chapter.”
KXAN’s Sarah Al-Shaikh will have more on this story. You can watch on KXAN News at 6 p.m.
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