Judge: ‘We found this issue in hundreds of cases before our court and before every district court’
By Blake Holland
Published: Jul. 25, 2024 at 11:48 AM CDT|Updated: Jul. 25, 2024 at 7:26 PM CDT
TYLER, Texas (KLTV) - Smith County District Clerk Penny Clarkston was escorted out of the 114th District Court in handcuffs Thursday morning, and later booked into jail on a charge of civil contempt of court.
Clarkston, 68, was accused of failing to comply with a court order to provide requested information in the case of convicted murderer William Davis, who is now on death row. Judge Austin Reeve Jackson ordered Clarkston to remain in custody until she complied with the court’s order by providing the information requested.
Employees from the district clerk’s office were present for the hearing, and several could be seen wiping away tears after Clarkston was taken into custody.
“She holds the key to the jail,” Judge Jackson said in Thursday’s court hearing. “As soon as she complies with the order, she will be released.”
As of 2:55 p.m., Judge Jackson had ordered Clarkston’s release from jail after the court received the information requested. Clarkston had been taken to the Gregg County Jail, according to the 114th District Court.
The information was requested by the Office of Capital and Forensic Writs, a state public defender office, in a letter dated May 20, 2024. The office requested information regarding processes and statistical and demographical information related to jury selection.
“We are not requesting any information about particular jurors,” said OCFW Director Benjamin Wolf in the letter addressed to Judge Jackson.
The order of civil contempt states, “on 17 July 2024 Mrs. Clarkston was ordered to provide the information described in the attached “Exhibit A” to the Court along with a sworn statement as to why there had been such a significant delay. Alternatively, if she had been unable to procure the information, she was to provide a sworn statement as to why she had been unable to comply. Mrs. Clarkston was given a deadline of 8:00 a.m. on 22 July 2024. This order was personally served on Mrs. Clarkston.”
The order goes on to state that no adequate response had been made. However, in an affidavit dated July 24, 2024, Clarkston said a response had been finalized two days prior, and a flash drive containing the requested information had been addressed to the OCFW.
“Thus, making clear that all of the information could have also been provided to the Court as ordered,” stated the order of civil contempt. “The Court therefore finds that Mrs. Clarkston had, and continues to have, the ability to comply with the Court’s order but has willfully chosen not to do so. Such conduct results in the willful interruption of the business of the Court and impairs the respect due to its authority.”
In Thursday’s court hearing, Judge Jackson said while Clarkston had provided the requested information to other parties, she had chosen “willfully” to not provide it to the court.
“She has it. She’s got it. She has still refused to provide it to the court,” said Judge Jackson. “If this information is not timely provided, do you know who is held in contempt? Do you know who goes to jail? Do you know who pays any fines? The local administrative judge - me.”
Clarkston’s defense attorney, Thad Davidson, described the hearing as “short, swift, and brutal.” Davidson took issue with the amount of time he and his client were given to prepare for the case, pointing out the fact that Clarkston was served with the notice to appear on Tuesday.
“Under the rules of civil procedure, the day that you’re served doesn’t count,” he said. “So, she had not 24 hours to respond to, retain counsel, and get help for the hearing which was held this morning.”
Davidson said due process should have allowed Clarkston 10 days to prepare. Following the hearing, Davidson himself took a flash drive allegedly containing the requested materials to the office of the 114th District Court. Davidson believes the court’s real objective is to have Clarkston removed from office.
Thursday’s court hearing also featured two other cases in which Clarkston is accused of not carrying out her duties. One of the cases involved a client represented by attorney Matt Bingham, who said his client’s case should have been dismissed upon early termination of probation.
“As he (the client) was applying for jobs, he kept being denied because the case was showing still active,” Bingham said.
In court, Bingham revealed a string of correspondences in which his office tried to resolve the issue with the district clerk’s office starting in January.
“Our client, even as recent as a couple of days ago, has missed out on employment because the records, we believe, are still not reflective of the case being dismissed,” Bingham said.
This case and another involving a woman facing a similar problem are now being forwarded to Judge Alfonso Charles, the area’s administrative judge.
Judge Jackson said once his office became aware of these problems, they started investigating other cases. In court, Jackson said they’ve since heard from numerous people who’ve been denied jobs, housing, and even custody of children.
“We found this issue in hundreds of cases before our court and before every district court,” Jackson said.
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