Published: January 07, 2006 02:11 pm      

Removal hearing requested against Thompson

Schoolcraft seeks to oust Pct. 3 constable for failure to perform duties

Lake Palestine resident Josie Schoolcraft requested a hearing to the District 369th Court on Friday and now will get a chance to see Pct. 3 Constable Randy Thompson in court.

Schoolcraft said Thompson was served a copy of the petition she filed by a Cherokee County Sheriff’s Department deputy, and Thompson said in a previous interview that he did receive it.

According to Schoolcraft, Thompson had until Jan. 3 to answer to the petition, or a court date would be automatically set, however, both District Clerk Janet Gates and Court Coordinator Mary Monkress said Schoolcraft would have to make a request for a court hearing. She did so Friday.

Justice of the Peace Pct. 3 judge James Morris told the Daily Progress last month that he was considering filing charges of contempt and perjury against Thompson.

Morris said Friday that he is still considering contempt charges against Thompson, who has failed to serve the court as bailiff since June 23 of last year.

According to Morris, those contempt charges carry approximately nine months of jail time, as well as $7,000 in fines. Morris also said charges of perjury are being withheld — for now.

“There is no promise or guarantee — all I know is that he whole-heartedly continues not to do his job for this court,” Morris said.

According to Morris, Thompson, who has not worked in the court in over a month now, wanted to officially resign from office on Jan. 15, however, Morris said he believes Thompson will not resign.

“He’s stringing this out as long as he can, I think just to get his paychecks,” Morris said.

Morris said if Thompson resigns, he will drop the contempt charges, however as of Jan. 6, County Judge Chris Davis’ office has not received an official resignation letter.

Davis was not available for comment before press time.

In a case filed on Dec. 12, 2005 with the 369th District Court, The State of Texas and Schoolcraft v. Randall Lee Thompson, Schoolcraft cites nine violations of Thompson’s sworn duties, which include failure to serve as bailiff; failure to return or process warrants; failure to impound animals; failure to serve any civil processes, including eviction notices; failure to submit a monthly report to the county commissioner’s court; and also failure to return repeated phone calls from residents.

Morris said Lynn Kelley, Pct. 1 Constable has been filling in for Thompson to serve as constable for the court for several weeks.

“Mr. Thompson has not showed up or lifted a finger for over a month,” Morris said. (Kelley) is here not just to serve papers but also to bailiff.”

Previously, Thompson had said Schoolcraft needs to make a complaint to commissioners court for not giving the constables adequate money for them to do their job, however, Pct. 3 Commissioner Moody Glass said the commissioners would welcome a request for additional money, if the commissioners were shown proper paper work.

“We can’t make them do anything, we as a commissioners court,” Glass said in a previous interview. “They just can’t say, ‘I need more.’ There has to be an accountability.”

Thompson did not return multiple phone calls before press time.

In September of last year, Schoolcraft told the Daily Progress she was obtaining signatures for a petition because of Thompson’s performance. She said Thompson, who also works as a Texas Department of Criminal Justice correctional officer, was not devoting enough time to his constable work.

Schoolcraft also said she would even consider requesting that Thompson give back the money he has received during the weeks he has not showed up to work.

In mid December of last year, Thompson told the Daily Progress he is considering suing the county because of the lack of funds to do his job as constable, however, when asked if he was still considering suing the county, Thompson declined to comment.

According to County Auditor L.H. Crockett, constables receive a salary of $25,000.

In addition, constables receive a nonnegotiable $150 a month for travel, and Thompson has previously said the travel expense is not enough to perform his duties.