Arguments to be heard in Swinney suit

Oral arguments before the Court of Appeals in Amarillo have been slated for September 30, 2002, in the ongoing legal battle between former constable Jimmy Swinney and Donley County.

Swinney is appealing a January summary judgment by District Judge David McCoy, who ruled in the county’s favor and said county commissioners had not abused their discretion when they set Swinney’s salary at $3,170 in December 2000.

“Mr. Swinney’s argument is that the commissioners did abuse their discretion and that Judge McCoy erred in agreeing with them,” said County Attorney Pro Tem Kaye Messer.

Messer said she continues to believe the county will prevail in the case.

“I’m still comfortable with the county’s position,” she said. “The law is clearly on our side.”

In related news, the filing deadline for citizens seeking a position as a write-in candidate on the November ballot passed on September 6, and there are no candidates for the office of Constable of Precinct 1&2. That leaves the door open for the county to abolish the office if a proposed constitutional amendment is approved, Messer said.

The proposal, HJR 2 would amend the Texas Constitution to allow the commissioners’ court of a county to declare the office of constable dormant if that office has been vacant for at least seven consecutive years, according to the Secretary of State’s office. The office could later be reactivated in the future upon a majority vote of the commissioners or by a vote of the people.

Messer said Donley County could take advantage of this because Swinney was never qualified to hold the constable’s office and Gerald Mullanax, who was appointed after Swinney’s resignation, resigned without qualifying. As such, the office has technically been vacant since 1971.

Swinney won a write-in campaign in November 2000 to fill the position of constable in Donley County’s Precincts 1&2, which had been vacant for more than three decades. He took office in January 2000 and sued six months later. In September of last year, Swinney resigned after he failed the test to become a certified Texas peace officer.