TYLER, Texas — A recently filed lawsuit is seeking to remove Smith County District Clerk Penny Clarkston from office due to claims of neglecting her duties, including choosing to not pay jury fees.
JoAnn Fleming, executive director of Grassroots America - We The People, filed the complaint on Jan. 9, saying Clarkston should be removed because of incompetency, including gross carelessness and ignorance of duties, according to Smith County civil court records.
In the document, Fleming alleges that Clarkston has "neglected her duties as district clerk" and has often delegated duties to employees who are not properly trained for most of her time in office. She has served as district clerk since Jan. 1, 2019.
One of the allegations is that Clarkston chose to not summon a jury panel when requested and she's also refused to cancel panels when told they're not needed.
In an Oct. 18 meeting among Smith County judges, they discussed allegations and reports of the district clerk's office choosing to not pay jury fees on "arbitrary bases."
During the meeting, 114th District Court Judge Austin Reeve Jackson said jurors have not been paid and mentioned issues of jurors getting turned away at the courthouse doors and district clerk's office employees going out to jurors' cars to tell them to go home.
Jackson said he's heard reports of jurors being told they have to come back on a future date to get paid, "Smith County has no money to pay you," and Clarkston denying to pay them, a transcript of that meeting reads.
He noted judges have seen jury panels that are significantly larger than requested.
In the judges' meeting, Clarkston said many of the allegations against her and her office are "untrue" and she has the right to legal counsel if she is accused of breaking the law.
In response to the juror payment issue, Clarkston said she doesn't have a "problem with paying any juror." She said the district clerk's office pays the jurors as they are checked in.
Regarding the size of jury panels, Clarkston said her office has been calling the same number of people for jury panels for the last three years.
Clarkston is also accused of falsifying filing and destroying filed documents.
Fleming claimed Clarkston has taken it upon herself to choose what documents are accepted or rejected. She is accused of issuing subpoenas. The document stated she does not have the authority to do either of these things. The district clerk must file documents when they are presented.
The lawsuit alleges that the issuing of warrants has not been done promptly. The warrants were issued without proper authority, which resulted in illegal arrests.
Clarkston is also accused of wasting time and money by creating electronic and paper files when the district clerk's office is only required to file documents electronically, the document read.
Fleming is requesting that an appointed judge from outside of Smith County suspend Clarkston from office without pay and appoint another person to perform the duties.
She is demanding a jury trial and that afterward, a judgment would be reached to remove Clarkston as district clerk.
Hearings for the lawsuit have not been scheduled yet.
CBS19 reached to Clarkston for comment Friday afternoon regarding the allegations and the lawsuit.