Dateline: October 24, 2002

Court dismisses Swinney's appeal

By Roger Estlack, Clarendon Enterprise

The legal battle between Donley County and former constable Jimmy Swinney may be at an end following the action of the Seventh Court of Appeals in Amarillo last week.

The court dismissed Swinney’s appeal and let stand the January ruling of District Judge David McCoy, who had ruled in the county’s favor and said county commissioners had not abused their discretion when they set Swinney’s salary at $3,170 in December 2000.

County Attorney Pro Tem Kaye Messer says Swinney now has the opportunity to ask McCoy to review the case again, but she doesn’t think it will help him.

“I can’t imagine that Judge McCoy is going to change his ruling,” Messer said.

But the former constable’s lawyer may have a different view. Quoted in an article in the Amarillo Globe-News, Canyon attorney Chuck Hester said McCoy “will make additional rulings and findings and then [the case] will probably be up on appeal if the findings are adverse to Swinney.”

Messer, however, thinks county officials have the case behind them now.

“From a legal stand point, Swinney may still have a ray of hope, but from a practical standpoint, I think it’s over,” she said.

County Judge Jack Hall was pleased the with the appeals court’s ruling.

“I’m proud they dismissed the case,” Hall said. “And I’m proud of the work Kaye has done for Donley County.”