FILED

9/29/2023 2:50 PM
Avrey Anderson
District Clerk
23-2535 Hays County, Texas
CAUSE NO: ____________

THE STATE OF TEXAS §

EX REL. CHLOE M. LOVE §
§
Relator-Plaintiff §
§ IN THE_____JUDICIAL DISTRICT
V.
§ COURT, HAYS COUNTY, TEXAS
AVREY J. ANDERSON §
§
In His Official Capacity §
as District Clerk of Hays §
County, Texas §
§
Respondent-Defendant §
§
§

ORIGINAL PETITION TO REMOVE HAYS COUNTY DISTRICT

CLERK FROM OFFICE AND JURY DEMAND

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES, the STATE OF TEXAS, by the relation of Chloe M. Love

(hereinafter Relator), complaining of District Clerk Avrey J. Anderson

(hereinafter Defendant), and for cause of action would show unto the Court
the following:

DISCOVERY CONTROL PLAN LEVEL

1. Relator Chloe M. Love intends to proceed under a Level 3 discovery

control plan.

Copy from re:SearchTX

 PARTIES AND SERVICE

2. Plaintiff Chloe M. Love is an Individual whose address is 12243 Mesa

Verde Dr., Austin, TX 78737.

3. The last three numbers of Chloe M. Love’s driver’s license are 403.

4. Defendant Avrey Anderson is an Individual and the current

officeholder of HAYS COUNTY DISTRICT CLERK.

5. Avrey Anderson resides in Hays County and may be served with a

citation at his place of employment at the Hays County District

Clerk's Office located at 712 S. Stagecoach Trail, Suite 2211, San

Marcos, Texas 78666 in HAYS COUNTY, TEXAS.

JURISDICTION AND VENUE

6. This Court has subject matter jurisdiction over this action pursuant to

Section 87.015 of the Texas Local Government Code.

7. Venue in Hays County is proper in this cause under Tex. Local Gov’t

Code § 87.015 because the relator resides in Hays County, has been a

resident of this State for more than six months, and the Defendant

resides and is an officer subject to removal in Hays County.

STANDING

8. Pursuant to Section 87.015(b) of the Texas Local Government Code, a

petition for removal of an officer, such as a District Clerk, may be filed by

any resident of the county in which the petition is to be filed and has

resided within the State of Texas for at least the last six months prior.

FACTS

9. On January 1, 2023, Defendant was sworn into office as the District Clerk

of Hays County at the age of 19.

10. Since taking office, Defendant has failed at least three times to provide the

Copy from re:SearchTX

 record to the Third Court of Appeals within the time allowed by law. On

March 16, March 20, and September 5, 2023, the District Clerk’s Office

filed in the Third Court of Appeals, requesting additional time to provide

the records on appeal and thereby delaying the appellate process. Myriad

deleterious effects result from the delay of appeals. Justice delayed is

justice denied.

11. Since taking office, Defendant has repeatedly failed to deliver jury

summons. The absence of jury pools postponed numerous trials, adding to

the backlog of pending cases, increasing the Hays County jail population

awaiting trial, wasting Hays County taxpayer money, and potentially

violating criminal defendants’ due process rights.

12. Since taking office, Defendant has repeatedly failed to timely deliver

subpoenas. This has many of the same effects as the jury summons failure

described above and further risks the potential destruction of evidence.

13. Since taking office, Defendant has consistently failed to timely file grand

jury indictments. This resulted in more delays in the courthouse, which is

already subject to the Defendant’s dilatory actions, further compounding

the problems detailed in this Petition.

14. Since taking office, Defendant has repeatedly failed to send temporary

protective orders to the appropriate law enforcement entities. The

potential for harm resulting from this failure is grave. Temporary

criminal protective orders are issued to protect people where “there is a

clear and present danger of sexual assault or abuse, indecent assault,

stalking, trafficking, or other harm.”1 The failure to deliver temporary

protective orders to the appropriate law enforcement entities placed

protected persons at unnecessarily increased risk.

15. Since assuming office, Defendant has consistently issued payment orders

to the Hays County Treasurer’s Office that have failed to conform with the

1 Tex. Code Crim. Proc. Ann. art. 7B.002 (West)

3

Copy from re:SearchTX

 orders of the District Court. This resulted in both overpayments and

underpayments by numerous defendants, the total number of which is

unknown at this time.

16. Since taking office, Defendant has consistently failed to disburse

restitution payments in a timely manner. The Hays County Treasurer’s

Office has and continues to regularly notify the Defendant that his

payment orders are not in compliance with the orders of the District

Court. However, these warnings and notifications are consistently

ignored.

CAUSES OF ACTION

I. INCOMPETENCY

17. Relator re-alleges and incorporates paragraphs 1 through 15 above as

though fully set forth herein.

18. Pursuant to Texas Local Government Code § 87.013(a)(1), an officer

may be removed for incompetency. Under § 87.012(6), the District Clerk

is an officer subject to removal under this subchapter. Incompetency, in

relevant parts, is defined in § 87.011(2) as “(A) gross ignorance of

official duties” or “(B) gross carelessness in the discharge of those

duties.”

19. The regular failure to meet deadlines falls squarely within the

definition of incompetency. Once an appeal has been filed and the

record has been ordered, it is the District Clerk’s responsibility to

timely provide that record to the Court of Appeals.

20. Defendant’s incompetence is further evidenced by his repeated failure

to deliver jury summons. Issuing and ensuring delivery of jury

summons is the responsibility of the District Clerk.

21. The failures to file subpoenas in a timely manner and grand jury
indictments demonstrate Defendant’s gross carelessness. The filing of

Copy from re:SearchTX

 subpoenas and grand jury indictments are core ministerial duties of a

District Clerk.

22. The failure to provide the appropriate law enforcement entities with

temporary protective orders is gross carelessness. Indeed, providing

temporary protective orders is one of the most critical and time-

sensitive duties of the District Clerk.

23. The failure to issue payment orders in compliance with District Court

orders is incompetence. This is the definition of a ministerial duty in

that the Defendant is required to simply obey the District Court in

drafting a payment order in conformity with what was ordered by the

District Court Judge.

24. Finally, the failure to disburse restitution payments in a timely manner

is incompetence. It is the Defendant’s duty to ensure that these

payments are both made and in a timely manner.

II. OFFICIAL MISCONDUCT

25. Relator re-alleges and incorporates paragraphs 1 through 24 above as

though fully set forth herein.

26. Pursuant to Texas Local Government Code § 87.013(a)(2), an officer

may be removed for official misconduct. Under § 87.012(6), the District

Clerk is among one of the officers subject to removal under this

subchapter. Official Misconduct, as relevant, is defined in

§ 87.011(3)(A) as “an intentional or corrupt failure, refusal, or neglect of

an officer to perform a duty imposed on the officer by law.”

27. The Hays County Treasurer’s Office has and continues to regularly

notify the Defendant that his payment orders do not comply with the

orders of the District Court. This constitutes an intentional and

knowing refusal to carefully and effectively carry out the orders given

to him by the District Court.

28. The systemic failure to provide temporary protective orders to the

Copy from re:SearchTX

 appropriate law enforcement entities and the refusal to remedy the

issue constitutes official misconduct.

JURY DEMAND

29. Pursuant to § 87.018 of the Texas Local Government Code, a jury trial is

hereby demanded.

PRAYER

WHEREFORE, PREMISES CONSIDERED, the State of Texas,

through Relator Chloe M. Love, respectfully prays that the Defendant be

cited to appear and answer herein and that upon a hearing of the causes by a

jury, an order removing him from office be entered; allocating costs of court
according to law; and granting such other and further relief to which Relator

or the State of Texas may be entitled at law or in equity.

Respectfully submitted,

Gunter, Bennett & Anthes, P.C.

600 W. 9th Street
Austin, TX 78737

______________________________
Thomas M. Just
Attorney for Chloe M. Love
State Bar no: 24113382
Office Phone: 512-476-2494
Fax :(512) 476-2497
Email: [email protected]

Copy from re:SearchTX

Copy from re:SearchTX
 600 WEST NINTH STREET
AUSTIN, TEXAS 78701
Christopher M. Gunter* Telephone:
Alan Bennet Office: (512) 476-2494
Meril “Gene” Anthes, Jr. Fax: (512) 476-2497
* Board Certified – Criminal Law
Texas Board of Legal Specialization

September 29, 2023

Avrey J. Anderson
Hays County District Clerk
712 S. Stagecoach Trail
Suite 2211
San Marcos, Texas 78666
RE: The State of Texas
Ex Rel. Chloe M. Love
vs.
Avrey J. Anderson

ANTI-SPOLIATION NOTICE

Dear Mr. Avrey Anderson:

I am writing to ask for your immediate action to preserve information

and evidence that may prove crucial to the above-referenced matter. Should
you retain counsel, please have him or her contact me immediately.

Critical evidence in this matter exists in the form of electronic data

contained in the computer systems (including but not limited to a personal
computer, laptop, tablet and/or any external drives associated with said
computer systems) and telephone systems (including but not limited to
cellular phones, smartphones, text messages, photos captured on said

Copy from re:SearchTX

 cellular, and/or smartphones, videos captured via cellular phone and/or
smartphone, voice recordings captured via cellular phone and/or smartphone).
This is notice and demand that the evidence identified below must be
immediately preserved and retained until further written notice from the
undersigned.

This request is essential, as a paper printout of text contained in a

computer file does not entirely reflect all information contained within the
electronic file. Additionally, the continued operation of the computer systems
identified herein will likely result in the destruction of relevant evidence
because electronic evidence can be easily altered, deleted, or otherwise
modified. The failure to preserve and retain the electronic data outlined in
this notice constitutes spoliation of evidence and could result in legal claims
for damages and/or evidentiary and monetary sanctions.

1. For the purposes of this notice, "Electronic Data" shall include,

but not be limited to, all audio and video recordings, image files,
text files (including word processing documents), spreadsheets,
e-mail files, and information concerning e-mail (including logs
of e-mail history and usage, header information and "deleted"
files), image files, databases, calendar and scheduling
information, computer system activity logs, and all file
fragments, metadata and backup files containing Electronic
Data, cellular telephones, text messages, and instant
messaging.

2. Please preserve and retain all Electronic Data generated or

received by Avrey Anderson and/or any person working on his
behalf or at his direction since January 1, 2023.

3. Avrey Anderson must refrain from removing or altering fixed or

external drives and media attached thereto, standalone

Copy from re:SearchTX

 personal computers, network workstations, and notebook and/or
laptop computers operated or accessed by Avrey Anderson,
regardless of ownership.

4. Avrey Anderson must retain and preserve all backup tapes or

other storage media, whether online or offline, and refrain from
overwriting or deleting information contained thereon, which
may contain Electronic Data identified herein.

5. Items of particular interest currently include, without limitation:

a. Any communications and/or records of communications

referencing or concerning providing the Third Court of
Appeals with any documents.

b. Any communications and/or records of communications

referencing or concerning jury summons or subpoenas.

c. Any communications and/or records of communications

referencing or concerning grand jury indictments.

d. Any communications and/or records of communications

referencing or concerning providing or failing to provide
the appropriate law enforcement entity with temporary
or permanent protective orders.

e. Any communications and/or records of communications

referencing or concerning the drafting of payment orders.

f. Any communications and/or records of communications

referencing or concerning disbursement of restitution
payments.

Thank you for your prompt attention to this matter. If you have any questions
or concerns, please do not hesitate to contact my office.

Copy from re:SearchTX

 Very Respectfully,

Thomas M. Just

Copy from re:SearchTX

 Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Sheliah Merlino on behalf of Thomas Just

Bar No. 24113382
[email protected]
Envelope ID: 80103905
Filing Code Description: Petition
Filing Description: Original Petition to Remove Hays County District Clerk
from Office and Jury Demand
Status as of 9/29/2023 4:03 PM CST

Associated Case Party: AvreyJamesAnderson

Name BarNumber Email TimestampSubmitted Status

Avrey Anderson [email protected] 9/29/2023 2:50:37 PM SENT

Copy from re:SearchTX