TYLER, Texas — Smith County District Clerk Penny Clarkston was booked into the Smith County Jail Thursday morning after a judge found her in civil contempt of court for failing to provide requested information.
Clarkston, 68, of Flint, was arrested on a civil contempt of court charge after appearing in the 114th District Court in connection with a hearing for the case of convicted murderer William George Davis, who is on death row.
She had failed to meet a deadline of when to provide that information, and on Thursday she was charged with contempt by 114th District Court Judge Austin Reeve Jackson. In the afternoon, Jackson gave order releasing her from jail.
Court officials said the order was issued after the requested information was provided to the court. Prior to the release order, she had been transferred to the Gregg County Jail.
On July 17, an order was issued by Judge Austin Reeve Jackson for Clarkston to produce information that the Office of Capital and Forensic Writs requested. She was given a deadline of no later than 8 a.m. on July 22.
OCFW requested information on May 20 about the jury selection processes and statistical and demographic information of potential jurors. The office was not requesting details about particular jurors.
If she did not comply with the order, Jackson wrote that she could have found in contempt of court and face punishment of up to $500, up to six months in the county jail or until compliance with the order is reached.
After the deadline passed, Jackson issued a notice to Clarkston letting her know of the contempt allegations on July 23. That notice states for almost 60 days there was "virtually no response or update" about the OCFW's request.
The notice states that Clarkston's actions disrupted the orderly proceedings of the court and the proper and effective administration of justice by causing unnecessary delay and wasting judicial resources. A hearing was set for Thursday morning, when Clarkston appeared in court and was charged with contempt.
In an affidavit dated Wednesday, July 24, Clarkston wrote that the OCFW request did not indicate what case the information was related to and the request was not filed with the official records of Smith County.
She said most of the information wanted needed to come from the county's Information Technology department or Tyler Technologies.
She wrote information about the reconstitution of the jury from 2018 to 2021 was not readily available. That piece was ultimately retrieved from the Secretary of State's Office and old jury records after a "diligent search."
Clarkston also said the district clerk's office had to review the accuracy of the information and on July 20, the Smith County case management system, Odyssey, went off-line and caused further delay.
The response for OCFW was sent electronically at 4:17 p.m. on July 22, which was over eight hours after the deadline Jackson gave her, the affidavit read.
Earlier this year, a lawsuit was filed seeking to remove Clarkston from office due to unrelated 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.
The lawsuit currently remains pending.