It appears the Third Court of Appeals is keeping Constable Griffin’s case from proceeding to the Texas Supreme Court. As reported in the AusChron, Constable Wants Day in Supreme Court:
Williamson Co. Constable Gary Griffin, who sued the WilCo Commissioners Court in 2005 for unconstitutionally slashing his budget midyear and giving the money to handle mental-health calls to the sheriff’s office, is seeking a hearing before the Texas Supreme Court â€“ but Austin’s 3rd Court of Appeals is standing in his way, according to an Aug. 7 motion filed by attorney Bill Aleshire. On Nov. 28, 2007, the 3rd Court, with Justice Kenneth Law presiding, denied Griffin’s appeal of a 2006 ruling for summary judgment. On Dec. 11, 2007, Griffin filed a motion for rehearing, but the 3rd Court has yet to request a response, “suggesting the motion was not well-received” and precluding a final step in the appeals process, as the current motion asserts. Both courts erred by “not applying the proper standard … for a summary judgment case,” the motion argues. Griffin and others have questioned a possible conflict of interest in the case because 3rd Court of Appeals Justice David Puryear‘s son worked for County Attorney Jana Duty. Additionally, Duty helped plan a fundraiser for Law, which occurred before the release of the 3rd Court’s opinion. For more, see “Appeals Court Rules Against WilCo Constable,” Dec. 21, 2007. - Patricia J. Ruland
EOW’s prior reporting on this can be found here, Constable Griffin Will Continue Fight Against The County.