TYLER, TX (KLTV) - A suspended Smith County constable wants to be reinstated.
An attorney representing Henry Jackson has filed a motion asking that his temporary suspension from office be lifted. Jackson was suspended from his position as Precinct 1 constable in December 2017 after he was sentenced to six months in prison for willfully failing to pay federal income taxes.
According to Smith County court documents, a taxpayer filed a petition for the removal and suspension of Jackson, arguing that he was incompetent to serves as constable due to his incarceration.
The court ordered his suspension pending trial, but that trial has yet to take place.
Jackson was released from prison on April 25. His attorney now argues that there is no evidence of his incompetence, therefore Jackson’s suspension from office should be lifted, restoring him to the position. If the motion is granted, it would enable Jackson to get his office back.
Jackson’s peace officer licenses remain on an enforcement by the Texas Commission on Law Enforcement pending a review by the State Office of Administrative Hearings. At this hearing a SOAH judge will decide whether to suspend Jackson’s license. While Jackson’s licenses are on en enforcement hold he is unable to work for another agency.
However, Jackson does not need a peace officer license to hold the office of constable.
Editors Note: This story previously read that Jackson’s peace officer licenses were suspended by the Texas Commission on Law Enforcement pending a review by the State Office of Administrative Hearings.