By Yaa Antwi
SAN MARCOS – District Clerk Avrey Anderson plans on filing a notice of non-suit, dropping his case against District Attorney Kelley Higgins.
Anderson, who originally filed a petition against Higgins under House Bill 17 for misconduct, will dismiss his lawsuit in hopes of everyone being able to continue to work in unity.
The lawsuit under House Bill 17 is in regard to the misconduct on behalf of Higgins’ stance on prosecution. House Bill 17 is a modified bill of chapter 87 of the local government code. This states that those charged with the administration of justice can’t create a corrupt or intentional failure within their official capacity. The new statute added to this explains that any statement or policy by a prosecutor to not prosecute a certain offense is the same crime.
“He has made claims that he’s not going to prosecute certain crimes,” Anderson said. “So, I filed the petition and it’s happening now but I’m thinking of dismissing it because I don’t think it’s good for the public because it’s not good for the party or the constituents.”
Higgins, who was elected in 2022 and sworn in in January 2023, is the District Attorney for the Democratic party in Hays County. The Law Office of Higgins has areas of practice with marijuana and drugs, DWI, and misdemeanors and felonies.
“Our office does not have and has never had a policy regarding disparaging of cases by class or type,” Higgins said. “The only policy we’ve implemented is that people can wear blue jeans if they’re not going to court.”
Anderson’s choice to submit a notice of non-suit was a personal choice that he believed was for the betterment of justice. He hopes that in dropping this petition, the community will remain strong and continue to work together to better Hays County.
“My hope for the community is that they understand that there’s a reason behind it,” Anderson said. “I don’t want the courts to be slow and I don’t want there to be a problem because I think that in the end, justice will be more efficient if we don’t have to keep dealing with this case.”
Anderson was elected in Hays County during the 2022 election as District Clerk.
Written by: Danielle De Lucia