TYLER, Texas — Editor's Note: The above video aired in October 2024.
The trial for Smith County District Clerk Penny Clarkston in connection with contempt of court accusations is set to be held in January.
Clarkston, 68, of Tyler, is facing two counts of contempt of court (disobedience of the court) for allegedly causing a "physical and verbal disruption" during jury selection on Oct. 7, 2024. Both of the charges are listed as misdemeanors.
A pre-trial hearing was held on Monday in the 114th District Court for a few motions ahead of the Jan. 21 trial setting. Judge Michael Davis of the 369th District Court is presiding over the case. The trial will be a bench trial, meaning there will be no jury and the judge will hear evidence.
According to an order from 114th District Court Judge Austin Reeve Jackson, on Oct. 7, Clarkston yelled at jurors and physically blocking the door when court officials said they were not needed. Jackson ordered Clarkston to serve 10 consecutive days in the Smith County Jail; however, she bonded out that same day.
Jackson said in his order that when he told the jurors they were free to go, Clarkston shouted they could not leave without her permission and she stood in front of the exit door yelling at the jurors to follow her instructions. She was told to move and stop talking, but she refused.
Security had to be called for Clarkston to exit the courtroom, but she only stepped an inch or two outside the door and continued to give jurors instructions. Jackson ordered her to approach the bench, but she refused again. The bailiff attempted to forcibly bring her to the judge's bench and Clarkston decided to go up to the bench, the order said.
When told to stay there and say nothing until the jurors leave, Clarkston said, "you can't tell me to do anything," and she walked away. But the deputies brought her back, according to the document.
On Sept. 16, Clarkston was warned to not engage in similar behavior again. On that day, she acted similarly and refused to let potential jurors leave after multiple judges said they were not needed.
CBS19 is available live and on-demand on your favorite TV streaming device, anytime from anywhere in the U.S.
The free CBS19+ app for Roku, Amazon Fire TV, Apple TV and smart TV devices features a 24/7 stream with the latest from CBS19.
In addition to the live stream, watch the latest from CBS19 on-demand, along with additional programming from our partners at TEGNA (like Verify, "Murder at My Door" and "In the News") and Locked On Sports, plus special collections from CBS19 like Under the Lights, Hooked on East Texas and CBS19 Originals.
DOWNLOAD ON ROKU
Add the free CBS19 channel by searching for CBS19 East Texas News in the Roku Channel Store on your device, or add the CBS19+ Roku channel using this link.
DOWNLOAD ON FIRE TV
Search for the free CBS19+ app in the Amazon App Store directly on your Fire TV or Fire TV Stick, or add the CBS19+ Fire TV app using this link.
DOWNLOAD ON APPLE TV
Learn more about the free CBS19+ app in the Apple TV App Store and download directly from your Apple TV device.
DOWNLOAD ON YOUR SMART TV
The CBS19+ app is also now available directly on "smart" or "connected" televisions made by Samsung, LG and Philips, as well as televisions with Android TV. Search for CBS19 East Texas News in your television's app store to add CBS19+.
OTHER FREE WAYS TO WATCH
The CBS19+ 24/7 stream can be viewed on any desktop or mobile web browser anytime on the Watch page here on cbs19.tv.
You can also watch CBS19 News streaming live on the free CBS19 mobile app for your smartphone:
- CBS19 app on iOS in the Apple App Store
- CBS19 app on Android in the Google Play Store