Supreme Court of Texas denies Willie Mims’ petition, confirms ineligibility as Democratic Party constable nominee
Published 3:01 pm Monday, August 31, 2020
- WillieMims
The Supreme Court of Texas denied Sgt. Willie Mims’ request to review a court decision that ruled him ineligible as the Democratic Party’s nominee for the Smith County Precinct 1 Constable seat.
On Friday, the highest court in the state announced its denial of Mims’ petition for review of the ruling from the 12th Court of Appeals.
In March, Mims received the most votes in Democratic primary race, but due to the court of appeals decision on May 21, a runoff was held between appointed Smith County Precinct 1 Constable Bobby Garmon and other candidate Curtis Traylor.
In the primary election, Garmon received 38% of the vote, while Traylor received 10%.
During the July 14 runoff, Traylor received about 54% of the vote compared to Garmon’s 45%, making Traylor the Democratic Party nominee for the constable seat. Traylor will not face a Republican challenger in November.
The court case stemmed from a lawsuit filed by Garmon in January alleging Mims did not meet filing requirements and thus could not be a candidate.
Garmon has served in the appointed role since 2017 after former Constable Henry Jackson was sentenced to six months in federal prison for tax evasion.
The trial court initially issued a temporary injunction on Mims’ candidacy prior to the election, but his name was left on the ballot.
After the March election, the trial judge made a final decision saying that Mims could become the Democratic nominee for the constable seat.
The 12th Court of Appeals then ruled a runoff between Garmon and Traylor must be held to decide the party’s nominee.
According to the Supreme Court’s website, Mims’ petition to review the 12th Court of Appeals decision was filed on June 30. In the petition, Mims’ attorney, William T. Hughey, states the court of appeals committed an error of law that should be corrected and that the court had decided an important question of state law that should have been resolved by the Supreme Court.
The Supreme Court then gave its notice of denial on Friday, but did not provide further details on its website.
Mims said Monday he was unsure of his next plans after the Supreme Court’s denial of his petition.
On July 15, Mims, who has been at the constable’s office for 15 years, announced his intention to run for Smith County Precinct 4 commissioner in 2022. At the time, he said he would continue with the court case regarding the constable seat in the Supreme Court.
The commissioner seat has been occupied by JoAnn Hampton since 2003.
“Accountability and integrity is what is needed in Commissioners Court,” Mims said. “I have been asked to run for the Office of Precinct 4 Commissioner by hundreds of Precinct 1 residents in order to bring those values back to a critical part of county government.”
Hampton was last elected in 2018 to another four-year term and is up for election in 2022.