Our district clerk has refused to file certain Motions to Revoke Community Supervision and issue the capias. We have also learned that she will not accept certain orders filed by at least one criminal defense attorney (the order was a proper one that accompanied and was in response to a previously filed and adjudicated motion). According to C.C.P. Art. 2.21 and case law she does not have any authority to do this, and in fact, is directed to accept all motions for filing. We have already taken the step of filing certain motions directly with the court, but we do not feel comfortable following that course on a long term basis. Our remedy appears to be to file a writ of mandamus to force her to file the pleadings and issue the proper processes.

Has anyone dealt with this before? If anyone has a mandamus form against a non-judicial office holder I can use as a sample, I would appreciate it.

I've also posted this on the civil board because, having never seen this problem before, I didn't know exactly where it fit.

For some reason, our district clerk was not filing certain post-conviction papers earlier this year. We were unaware of the issue until an inmate sought a writ of mandamus in the CCA. Our civil division responded and promptly advised the clerk to remedy its ways.

JAS

We tried talking to her and showed her the law (with case law), but she remains unmoved. Very frustrating.

What is the explanation for not filing the documents?

A former DA (2 officeholders ago) told her she didn't have to file them. She has no response to the case law or CCP.

Did anyone try the magic word, "Please"?

We tried "please", other kindnesses, never an unkind word said ....this whole situation has us completely flummoxed.

As to your clerk who refuses to file papers, how about a sincere heart-to-heart talk about the true meaning of life and Texas Local Government Code Chapter 87?

I don't know about the issuance question, but it seems pretty clear that a clerk files papers. That's the whole point of being a clerk. I can't imagine a defense to the clerk not filing the papers.

Another remedy: is the clerk up for re-election in this next election?

I bumped this same thread over in the Civil forum, however, as the criminal side gets more attention I was hoping that someone here would be able to reply. What I need is an example of a mandamus form against a non-judicial office holder ASAP: I've never drafted one and it looks as if I will need to rather quickly.

Thanks!