County officials still need to be monitored, jurist charges

Burnet County Commissioners Tuesday again confirmed Precinct 2 Justice of the Peace James McElroy and Precinct 3 resident Phil Peeples have withdrawn their lawsuit against them, which claimed Precinct 3 Justice of the Peace Peggy Simon illegally held court outside her jurisdiction for several months. 

County Judge Donna Klaeger acknowledged McElroy and Peeples dropped the suit during the County Commissioners Court meeting. 

Klaeger spoke little more about the legal dispute other than to mention the commissioners would discuss the case next week in executive session. 

In a statement released Monday by their attorney Bill Aleshire, McElroy and Peeples said they “hope other citizens will continue to monitor their county government and not be apathetic in taking all steps necessary to hold their elected officials accountable.” 

The lawsuit even served as the impetus for the county to more quickly find Simon new chambers, Aleshire said.

“Because of this lawsuit, I emphasize, because of this lawsuit, the county began more aggressively locating a lawful courtroom for Judge Simon in her precinct,” Aleshire said Monday. “Because Judge McElroy and Mr. Peeples have made their point, they have decided to drop the lawsuit.”

In a prepared statement released just hours after McElroy and Peeples indicated they would cease proceeding with the suit, Klaeger countered by saying their claim came “without cause, which has cost the taxpayers thousands of dollars and hundreds of hours of time. While it should not have been filed, we are pleased that is has been dismissed.” 

The battle began last October, when County Attorney Eddie Arredondo told the commissioners state law stipulates each justice of the peace in Burnet and other counties with a population of more than 30,000 must preside over cases from an office situated within their jurisdictions. 

Following the advice of Arredondo, the commissioners determined Simon and Justice of the Peace Precinct 1 Wendell Gilmore had to relocate. 

Gilmore moved from his old office in the Courthouse on the Square to a new space within Precinct 1 along Texas 29 west of U.S. 281 before the end of 2007. 

However, the commissioners held back on relocating Simon because of several obstacles within Precinct 3 related to the availability of property, price of rent and zoning issues, officials have said. 

While the commissioners searched for new digs within Precinct 3 that were also affordable, Simon continued to preside over cases at the County Courthouse South Annex in Marble Falls, just outside the Precinct 3 boundary. 

McElroy and Peeples filed suit against Klaeger, Simon, Precinct 1 Commissioner Bill Neve, Precinct 2 Commissioner Russell Graeter, Precinct 3 Commissioner Ronny Hibler and Precinct 4 Commissioner Joe Don Dockery in the 33rd state Judicial District last February.

Peeples earlier ran against Simon for the Precinct 3 justice of the peace office. 

McElroy and Peeples claimed the commissioners responded nonchalantly to Arredondo’s advice and were “hypocritical” to have “a judge (Simon) sitting in judgment of citizens and punishing them for violating the law, when the location of that courtroom itself was illegal,” Aleshire said. “And, for the county (commissioners) to think it was OK for them to continue to violate the law because of the expense of complying with the law was intolerably hypocritical.” 

McElroy and Peeples asked the district to declare the justice of the peace Precinct 3 seat vacant and order the commissioners to “establish a justice of the peace courtroom and offices for justice of the peace Precinct 3 within Precinct 3 and appoint a qualified person to fill the vacancy in the office of justice of the peace.” 

Simon relocated to the 1600 block of U.S. 281 (across from the Marble Falls Minor Emergency Center) in Marble Falls last July. 

“There is full documentation to support that relocation of the offices for both justices of the peace (Gilmore and Simon) were ongoing before the lawsuit was filed,” according to the statement issued by Klaeger. 

raymond@thepicayune.com