Law Suit alleges County Officials violated Texas laws
Commissioners ready to battle reports Judge Sansom
Attorney Prepares To Prove Standley Is Still The Constable

PENNY MAGUIRE EDITOR

According to Bethel Standley’s Austin attorney, Bill Aleshire, Standley is still a Real County constable. Aleshire alleges Real County officials violated Texas election codes when replacing Standley following his candidate filing for Sheriff.

Aleshire contacted The Leakey Star last week stating he advised his client not to talk to the media, but said he suspected news reports were legally and factually wrong.

Standley’s attorney plans to prove the County Judge and Commissioners violated the Texas Open Meetings Act by conducting a secret meeting behind closed doors without disclosing the subject of the meeting. He has asked for tapes and minutes in a law suit petition filed by Standley, and wants those records made public.

The suit also alleges county officials violated an election code when they replaced Standley with the appointment of Jim Wilson after they determined Standley had filed his candidacy for Sheriff with more than one year left on his term as constable. The “resign to run” election code rule has been the source of debate and confusion. Even the Texas Attorney General web site attempts to explain the rule described as “Traps for the Unwary.”

Whether or not the code will be a trap for county officials or was a trap for Standley will most likely be determined after December 6. Standley’s attorney says he does not expect a settlement, but rather a bench decision, reporting there would be no jury trial. He believes the law is clear and supports Standley who wrangled with Commissioners and other county officials last year after his job performance was criticized. “My client may not be easy to get along with but the law is on his side,” said Aleshire.

Standley submitted a signed and notarized application to run as a Republican for Sheriff in Real County. The application was dated December 28, 2007. Standley claims he advised Republican Party Chairman Don Hurley to hold the application until he could decide for sure if he wanted to run on the Republican ticket. Hurley has confirmed this statement. Hurley filed the document January 2, 2008, but Commissioners determined Standley had announced his candidacy before January 2008, resulting in his automatic resignation.

The Campaign Treasurer Filing

Hurley also reported Standley filed a Campaign Treasurer’s Report before January 1, 2008 which designated the automatic resignation according to legal advice he received from the Secretary of State. This was confirmed by District Clerk Bella Rubio. She and Judge Sansom together report they spoke to a Secretary of State official who said the automatic resignation was applicable.

But, according to Standley’s attorney and the Texas Election Code, as well as confirmation from the elections division of the Secretary of State, a campaign treasurer appointment has an exception regarding the automatic resignation provisions. Elizabeth Winn, Director of the General Law Division with the Secretary of State, submitted an email to Aleshire stating the filing does not trigger an automatic resignation. She said she would be surprised if information to the contrary came from her office.

Standley’s attorney is convinced the Texas code is a no brainer, but opinions vary. The code clearly states an officeholder automatically resigns if he or she announces candidacy with more than a year on the current term, and Standley’s application was notarized before January 2008. The statute also states a person announces candidacy if a reasonable person may conclude [from] the statement that the individual intends, without qualification, to run for the office in question. If Standley told citizens before January 2008 that he was going to run for Sheriff, it may be decided his candidacy was announced with more than one year left on his term.

The debatable code which often requires interpretation and opinions from the Texas Attorney General and Texas Ethics Commission does suggest Real County Commissioners had no enforceable duty to fill Standley’s vacancy. Standley’s attorney said interpretations should come from the Texas Attorney General and not the office of Secretary of State. He has called the battle a “serious matter” claiming Hurley and Rubio’s opinions are “dead wrong.”

Hurley reported to the news media this month that the law suit was a fraud and has been offended by some of Standley’s actions. Aleshire has taken offense to his comment. “I am a proud attorney, and I do not file “fraudulent” lawsuits,” he stated in an email.

Real County Attorney Garry Merritt, who did meet behind closed doors with Commissioners during constable discussions, said he will not be representing the county in this suit. The county has retained other legal counsel and Merritt could not comment on the case.

Standley has sued each Commissioner, County Judge W. B. Sansom, Jr. and his new replacement, Jim Wilson. He is asking Wilson to vacate the office alleging his appointment was unlawful, and Standley, who suffered a major defeat in the race for Sheriff, wants the county to reimburse him for eight months of lost constable wages and benefits plus legal fees. Venue is mandatory in Real County District Court.

Interpretation of the code and what constitutes a candidacy announcement are expected to be determining factors in this suit which could cost county taxpayers thousands of dollars. Standley’s attorney says he is devoted to this case and confident of a win. Judge Sansom is confident the county will prevail, and said last week his Commissioners are ready to fight.

Aleshire expects the matter to be presented to the District Court in late January or February “if the County officials don’t come to their senses before then,” he said. When asked if a settlement would be on the table, Judge Sansom reported, “The Commissioners are not willing to give Standley a dime.”