Ex Parte Lowery

I respectfully dissent. In my humble opinion, the decision reached by the majority has no legal support. Judge Clyde E. Smith, Jr., was authorized by the Constitution and Statutes of the State of Texas to hear this contempt proceeding.

It is apparent that there are two questions which arise:

1. Was Judge Smith qualified to hear this contempt proceeding, and

*9032. Could he hear it in Hardin County?

I have come to the conclusion, from a careful reading of the relevant constitutional and statutory provisions, that both questions must be answered in the affirmative.

In Tex.Const. art. V, § 11 you will…