Preliminary Hearing on Sheriff’s Removal from office suit post- poned

GROVETON – A preliminary hearing on a lawsuit seeking the removal of Trinity County Sheriff Jimmy Smith was postponed last week after Smith’s attorney requested a new judge be assigned to the case.
The hearing was to be held last week before retired 259th District Judge Quay Parker in Groveton, but a defense motion filed minutes before it was to start called a halt to the proceedings.
Smith’s attorney, Frank Blazek of Huntsville filed a motion objecting to Parker’s assignment to the case.
“Because this is a visiting judge, the defense is allowed to object one time without listing a reason,” said Trinity County Attorney Joe Bell. “If another visiting judge is assigned to the case, they would have to give a reason if they wanted to object.”
Bell, who is handing the prosecution of the lawsuit on behalf of the county, said the question now is whether Blazek’s request had been properly filed.
He explained that under the law, the request challenging the judge must be filed within seven days of the defense being notified of the judge’s appointment.
“There will probably have to be a hearing on this issue,” Bell said. “The question is whether or not the front page of the Groveton News constitutes notice.”

Both the Groveton News and the Trinity Standard published stories on the front pages of their Feb. 1 editions reporting Parker’s assignment to the case by the area’s Administrative Judge Olen Underwood. Those stories appeared more than two weeks prior to the Feb. 15 hearing at which Smith’s objection to Parker serving was filed.
Bell said if Smith’s objection is upheld, Underwood would be required to name a replacement.
Under the rules governing cases such as this, the two district judges who serve Trinity County -- 411th District Judge Robert Trapp and 258th District Judge Elizabeth Coker -- are not eligible to hear the removal lawsuit.
Last week’s hearing in Groveton drew an almost standing room only crowd but the matter lasted only moments. When Parker, Bell and Blazek entered the courtroom, it was just to announce that the matter had been postponed and the hearing would be held at a later date.
No date for a hearing has yet been set.
The petition seeking to remove Smith as sheriff was filed in January citing his failure to obtain the required state peace officer’s license.
Under state law, Smith had two years from the time he took office to take and pass the Texas Commission on Law Enforcement Officer Standards-Education (TCLEOSE) test.

The deadline for passing the test and obtaining law enforcement officer certification was Jan. 1 of this year.
TCLEOSE records indicate that since taking office on Jan. 1, 2005, Smith has twice taken the test but failed to pass on both occasions. The records also indicate he is scheduled to be tested a third time on or before April 8.
Should Smith fail to pass on his third try, TCLEOSE rules would mandate he attend a police academy for training before he could be tested again.
The petition seeking Smith’s removal, filed by Groveton Police Chief Ralph Jester, charges that by failing to obtain his peace officer’s license, Smith was derelict in his duty.
“Jimmy Smith has forfeited his right to hold the office of sheriff and should be removed there from,” the petition stated.
TCLEOSE officials noted because Smith does not have state certification, he is classified as an “administrative sheriff” and has limited powers to arrest criminal suspects.
Officials with the agency also noted that Smith would remain as sheriff until his term expired, he resigned or he was removed by order of a district court.
Should Smith either resign or be removed by the court, his replacement would be handled by the Trinity County Commissioners Court. The county commissioners would appoint a sheriff to serve until the next election.