Dateline: May 9, 2002

Swinney appeals ruling in constable flap 

By Roger Estlack, Clarendon Enterprise

Former constable Jimmy Swinney is pursuing an appeal in his lawsuit against Donley County.

Swinney’s attorneys filed a notice of appeal in the Donley County Clerk’s Office on April 22, and Swinney paid the associated fee this week, officials said.

The county won a summary judgment in January from District Judge David McCoy, who ruled that the Donley County Commissioners’ Court had not abused its discretion when it set Swinney’s salary at $3,170 in December 2000.

Swinney is now appealing to the Seventh Court of Appeals in Amarillo.

County Attorney Pro Tem Kaye Messer said after the court receives the appeal, Swinney’s attorneys will have 30 days to file their brief then, her office will have 30 days to do the same.

“This could take up to six months,” Messer said.

Messer said she is still confident the county will prevail in the lawsuit.

“I’m very comfortable with the county’s position. We’ve won so far, and I still believe the commissioners did the right thing originally.”

Swinney won a write-in campaign in November 2000 to fill the position of constable in Donley County’s Precincts 1&2, which had been vacant for more than three decades. He took office in January 2000 and sued six months later alleging, among other things, that his $3,170 annual salary was unreasonable.

In September of last year, Swinney resigned his office after he failed the test to become a certified Texas peace officer.