LUBBOCK, TX (KCBD) - Thursday night we brought viewers the arguments from CJ Peterson's civil attorney, Rob Hogan, on why Peterson should not be removed from his position as Lubbock County Constable for Precinct 4.
On Friday, KCBD NewsChannel 11 spoke with Michael Uryasz, the attorney representing the Lubbock County GOP. The GOP filed a petition for removal of CJ Peterson. Hogan countered with a request for a temporary and permanent injunction.
One of the points in the request for a temporary and permanent injunction was the Constitutionality of Chapter 87 of the Texas Local Government Code. Hogan said that it consists of Prohibition-era policies and needs revision.
Uryasz agrees that it does reflect prohibition-era policies, but says the State of Texas actually reviewed and adopted them in 1987.
"This law allows for the removal of county officials for basically three reasons: incompetency, official misconduct, and intoxication," Uryasz said. "The legislature passed the law to basically give a citizen the power and responsibility to hold our elected officials accountable for their actions."
He also addressed the "rush to judgment" decision that was discussed in Friday night's story and said Peterson will have his day in court.
"This lawsuit effectively guarantees Mr. Peterson his day in court. It's not a case where we're simply filing this thing and we get him out tomorrow. The statute actually provides a procedure to remove the constable and mandates that a jury trial should be had," Uryasz said. "We are actively trying to work through this situation, both with the constable and the legal procedure, and we're confident that in the end, we will prevail."