Commissioners Approve New Deputy Constable Position — Dispute Over Unserved Documents

By Greg Ritchie

Messenger Reporter

HOUSTON COUNTY –  Houston County commissioners voted Tuesday, Jan. 13 to create a new deputy constable position for Precinct Two, escalating an ongoing dispute over unserved court papers that officials said is disrupting court operations, delaying tax collections and preventing cases from moving forward.

The vote follows earlier budget discussions — previously reported by The Messenger — in which commissioners said they reached an agreement with county constables regarding paper service responsibilities in exchange for budget and operational concessions.

Houston County Judge Jim Lovell told the court Tuesday that the agreement, which included changes to duties and expectations, has not been followed through on.

“If you remember some meetings back when we were doing this budget process, we discussed the lack of performance,” Lovell said. He said the understanding at the time was that constables would serve all district court papers after community service and environmental duties were shifted to the sheriff’s office.

“The deal was, they were going to serve all the papers,” Lovell said. “We shook hands.”

Lovell said the county did not reduce salaries or take away vehicles as part of that agreement, but expected improved performance in return. When that did not happen, commissioners withheld some funding during the budget process as a safeguard.

“That money was held back just in case this didn’t resolve,” Lovell said. “It’s not just that we’re not capturing revenue — it’s one man doing it all.”

That “one man,” commissioners said, is Precinct Two Constable Kenneth “Red” Smith, who has taken on additional paper service beyond his precinct while delays persist elsewhere.

District Clerk Laura Goolsby told the court the delays are already affecting tax cases and court schedules.

“He’s [Morris] got 10 out right now that he hasn’t returned,” Goolsby said. “And Red has served 20, some of those then, Precinct One. And like I say, it’s not just the $100 per service. The $18,000 worth of back taxes on one case we’re trying to collect, but can’t go forward till somebody gets served. There’s also a copy of an email from Linebarger, requesting twice for him to just bring the documents back so they can reissue. And he’s not responding.”

County Clerk Terri Meadows said the problem extends beyond finances and is preventing time-sensitive court matters from moving forward, including guardianship cases.

“If we don’t get service on those, the judge can’t make that decision,” Meadows said. “So we have some person out there that may be starving — we don’t know.”

Precinct Two Commissioner Willie Kitchen said the situation has reached a point where court schedules and county operations are being directly affected.

“This is costing the county money,” Kitchen said.

Assistant County Attorney Hugh Coleman told commissioners that removing an elected official is legally possible under state law but would require a formal process, including a jury trial, and should be discussed in executive session if the court wishes to pursue it.

“That’s a very subjective test,” Coleman said, referring to the standard for removal due to neglect of official duties.

Commissioners approved creating a part-time deputy constable position for Precinct Two as a temporary measure and directed staff to draft a job description, pay scale and related details for future consideration. Transportation and other logistics are expected to be addressed at a later meeting.

Contacted by The Messenger after the meeting, Precinct One Constable Morris Luker disputed the court’s characterization of the situation and said he had communicated his availability and staffing needs to county officials.

“I can only do what I can do. I asked for some part-time help, but they don’t want to listen to me,” Morris said. “I went to see my grandkids for two weeks and told them I was going to be gone. I sent an email about that to everybody in the county.”

The motion to create the new position passed unanimously.

Greg Ritchie can be reached at [email protected]