Lubbock Constable files injunction to stay in office

Updated: Jun. 7, 2018 at 10:42 PM CDT
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LUBBOCK, TX (KCBD) - In response to a petition filed by the Lubbock County GOP to remove Precinct Four Constable CJ Peterson, his lawyer for this civil case, Rob Hogan, has filed for a temporary and permanent injunction.

Hogan discussed some of his reasoning behind the injunction.

"It's important to avoid a rush to judgment. We don't need to rush out and become judge and jury and convict Constable Peterson before he's had his day in court."

Hogan believes that Peterson, like anyone else, is innocent until proven guilty. He also noted in the injunction that Peterson was not on duty when the DWI arrest occurred.

Hogan sees an issue with the constitutionality of Chapter 87 of the Texas Local Government Code. Specifically Section 13, which the injunction states provides discretionary removal by the District Court for any county official who is "intoxicated on or off duty."

Hogan says that this is a Prohibition-era policy that has been long overlooked by lawmakers.

"Prohibition ended in 1933 but that statute, that language, has persisted. Now, it provides for a county official to lose their job if they are acting as a responsible citizen. If they go out to a restaurant and have a couple of drinks... They're still subject to the penalties of losing their job."

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