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Hays County district clerk submits letter of resignation

Avrey Anderson has faced accusations of incompetence and official misconduct during his time in office.

SAN MARCOS, Texas — Hays County district clerk Avrey Anderson has submitted a letter of resignation after calls for his removal amid accusations of incompetence and official misconduct.

In his resignation letter, obtained by KVUE on Friday, Anderson said he believes it is time for him "to leave government for a while," but he has "learned a lot about the courts during his tenure."

"Currently, I have been facing a Chapter 87 removal suit which has been incredibly stressful. It has taken a toll on my life to where I do not enjoy hardly anything anymore. I do not believe it is good for justice and the courts for me to continue in my role currently," Anderson said. "Perhaps one day I will be able to get back into the government sector but for now I believe it is best for the people of Hays County to have someone who hopefully attracts less negative attention to themselves."

Anderson, who is currently 20, was elected when he was 19. In October 2023, a Hays County resident filed a lawsuit to have Anderson removed from office, stating that he had repeatedly failed to deliver jury summons in a timely manner and that the absence of a jury pool had postponed numerous trials, adding to a backlog of pending cases and an increase in the Hays County Jail population awaiting trial.

The lawsuit also claimed that Anderson failed to deliver temporary protective orders, subpoenas and grand jury indictments in a timely manner.

In April of this year, a Hays County attorney filed an amended petition to remove Anderson from office.

RELATED: Lawsuit filed to remove Hays County district clerk from office

Just last month, a visiting judge heard arguments tied to the removal suit. During the hearing, Assistant Hays County District Clerk Max Hernandez testified about the missed jury summons and unprocessed protective orders, indictments and mental health commitments.

Hernandez also described times when Anderson brought his wife to work every day for several weeks and also said Anderson brought and left his child in a car seat with a feeding tube alone in his office for 20 to 30 minutes.

Hernandez also told the judge that his boss is unstable and erratic, calling Anderson a "psychopath" for threatening another elected official – something Anderson apologized for during his testimony.

"I was never threatening to harm people. I may have said that I wanted to or something, but it was an extreme frustration," Anderson said.

Anderson told the judge he ran for office so he could change some of the antiquated processes in the clerk’s office. He said he had no experience and asked for help from the previous district clerk and was refused.

Prior to Anderson's resignation, the judge was expected to make a decision soon whether to temporarily suspend Anderson and whether he would be paid during that time.

RELATED: Hays County district clerk fights for his job amid accusations of incompetence, official misconduct

In his resignation letter, Anderson said that he believes every move he has made during his tenure "has been under a microscope," adding, "I do not believe I am competent in executing specific statutory duties."

Anderson submitted his letter of resignation to district judges "that have a district in whole or in part of in Hays County" because he said those judges have the power of appointing a new district clerk upon vacancy in the office.

"Where some officers have chosen to make their resignations effective at various times, I choose to vacate office and resign from my official capacity as District Clerk of Hays County in its entirety on the 5th of July 2024. I will not be the clerk on that date," Anderson wrote. "Many people have a recommendation as to whom they wish to be appointed during my vacation. It is out of my hands now. Good luck to you all."

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