New Judge appointed to hear Civil lawsuit
Groveton News - March 2007

GROVETON – Judge Kenneth Wise of Houston has been appointed to preside in the civil lawsuit seeking to remove Jimmy Smith from his position as Trinity County sheriff.

Administrative Judge Olen Underwood made the appointment to replace Judge Quay Parker of Anson.

Parker was initially named to hear the case but prior to a hearing scheduled on Feb. 15, Smith’s attorney, Frank Blazek of Huntsville, objected to the judge hearing the case.

Because Parker was a “visiting judge” – one who was not elected by local voters – the defense attorney had the right to object to his appointment without giving a reason.

Although Wise also is a visiting judge, the defense would now have to provide an adequate reason for excluding him from the case should they seek to file another objection.

No hearing date had been set as of Tuesday morning in the case.

A petition seeking the removal of Smith as sheriff was filed in January, charging that Smith was in violation of the Texas Occupation Code which requires that sheriff’s be certified peace officers.

Under the state law, Smith was required to obtain the certification within two years of taking office, a deadline which expired on Jan. 1.

According to the Texas Commission on Law Enforcement Officer Standards – Education (TCLEOSE), Smith has taken the certification test twice and failed to pass. He was scheduled to take it a third time on or before April 8.

Under TCLEOSE rules, should Smith fail to pass the test a third time, he would be required to complete a police academy training program before he would be eligible to take the exam a fourth time.

Because the sheriff is not currently a certified peace office, TCLEOSE classifies him as an “administrative sheriff” which means he has limited arrest powers.