After the arrest of Lubbock County Constable Carelton “C.J.” Peterson, the Lubbock County Commissioners told EverythingLubbock.com he is still in office and coming to work, leaving many citizens asking, “What happens when your elected officials face criminal charges?”
County Commissioner for Precinct #1 Bill McCay said they have no authority to to remove someone from office, especially before the court makes a decision or conviction.
“We’re limited in what we can and can’t do. We aren’t kings of our precinct or the county,” McCay said. “There are laws in place, and due process, so this situation is like another other situation of any member of the community.”
He said it is between the official and the voters.
“As an elected official, we work for the citizens,” he said. “They elected us or don’t elect us, so they are the boss.”
According to Texas state law, unless the official receives a final felony conviction… there’s nothing prohibiting them from coming to work.
“Once you are finally convicted of a felony, then you are no longer eligible for public office here in Texas,” Sam Taylor with the Secretary of State’s office said.
However, according to the Texas Election Code Sec. 141.001, if the official is convicted of a lesser charge like a misdemeanor or if their case is up for appeal, they are still eligible.
We reached out to the District Attorney’s office, but they could not comment on any pending cases.
All around, the response was “innocent…and on the job…until proven guilty.”
McCay said if there is a vacancy, they will fill it.
“Whether it’s county roads, the sheriff’s office, or the constables, we want to ensure the public’s trust in public safety,” he said. “We want to make sure we give law enforcement, the DA’s office and the judicial branch the resources they need to make sure civil and criminal justice happens in Lubbock County as efficiently as possible.”
