Judge deliberates on temporarily removing Hays County district clerk pending trial

A Travis County judge is now deliberating whether the elected Hays County district clerk should be temporarily removed after a hearing this afternoon. The state claims Avrey Anderson is incompetent.

The last person to take the stand was Anderson himself, who told the court he doubts he could retain the office, so he removed all of his personal belongings from his office.

Anderson was elected as the Hays County district clerk about a year and half ago at the age of 19.

"Ever since he took office, people have been looking for, trying to find places where things aren’t done exactly right," Anderson’s attorney said.

The state said it doesn’t take much looking to find problems.

"I’ve been using the district clerk manual as a thing to go by to solve issues all the time," Anderson said.

Prosecutors claim Anderson is incompetent.

"How would you classify his understanding of the grand jury process?" the prosecutor asked Hays County First Assistant District Attorney Gregg Cox.

"Minimal at best," Cox replied.

"I can’t remember ever having this big of a problem," local attorney Gina Motz testified.

Witnesses testified about Anderson’s failures when it comes to processing subpoenas and indictments.


"We have had cases that have been set for trial that have had to be reset because documents were either lost or not filed," Cox said.

On the stand, Anderson admitted his lack of knowledge.

"I am unaware of a global effect on us not maintaining indictments," Anderson said.

In January, jury summons weren’t sent out on time.

"We had to physically print and fold 700 summonses that were provided to Kelly Higgins, who provided them to the constables around the county to have them physically served on people’s doors," Hays County Clerk Maxamiliano Hernandez said.

Anderson blames technology issues. His attorney said he’s human, has made mistakes, and is striving to do better.

"He looks to make sure that you’ve looked to make sure you’re not going to have that happen again," Anderson’s attorney asked Hernandez.

"Yes ma’am," Hernandez replied.

The state is asking the visiting Travis County Judge to temporarily remove Anderson from office pending trial. The judge said she wants time to deliberate. Prosecutors and staff members are worried about retaliation by Anderson in the meantime.

"He told me that he wanted to tie up one of our clerks, slit her throat, and watch her bleed," Hernandez said.

"I am not a sociopath," Anderson said.

The judge said she will make her decision on whether to temporarily suspend Anderson within two weeks. The trial to consider permanent removal is set for October 2024.