198th D.A.’s filing puts legal pressure on Belew to prove he has right to serve

District Attorney Stephen Harpold filed a quo warranto petition with the district clerk to remove Kerr County Precinct 1 Commissioner Harley David Belew from office — setting off a legal fight over the commissioner’s political future.

With the filing, the burden of proof rests on the defense, which Kerrville attorney Patrick O’Fiel leads. Today’s filing means a district court judge could remove Belew from office if the commissioner cannot prove his right to hold office.

At issue is Belew’s 1973 felony burglary conviction that has stayed on his record for 50 years. Belew told his fellow commissioners that he didn’t know the felony was still on his record. Belew received a 10-year probation, and after serving that time, he would have been eligible to regain his voting rights in the mid-1980s.

Texas election code says felons must prove that they “have not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities.”

Harpold, who represents the 198th District, told The Lead he wasn’t sure where the case would end up — either in the 198th District, where Pat Maguire presides or in the court of Pat Pattillo, who represents the 216th District. Harpold didn’t get into the specifics of the filing, but the nature of it means that he has evidence to suggest that Belew is ineligible to serve.

In 2019, Texas Attorney General Ken Paxton issued an opinion to clarify the meaning of “disabilities,” and made it clear that felons who are not pardoned cannot serve. There’s no evidence that Belew received a pardon, and the Texas Board of Pardons and Parole said it has no record of clemency or an application for clemency from Belew.

Belew was 17 at the time of his arrest for participating in a burglary ring that broke into at least two department stores near Fort Worth. In March 1973, Belew faced multiple charges after his arrest at his home in Haltom City. He later pleaded guilty to a single felony charge and received probation. Like in 1973, Texas still automatically tries 17-year-olds as adults.

On Monday, Kerr County Judge Rob Kelly outlined how the proceeding would move forward without the commissioners’ court input. Only a district attorney, county attorney and attorney general can file the petition for quo warranto, Latin for by what warrant or authority.

Belew didn’t say much during Kelly’s comments. Two speakers urged Belew to resign, and two urged him to continue. However, the court proceeding presents some peril for Belew, who could be financially responsible for his prosecution and potential financial penalties.

In two election applications, Belew signed that he was not a felon — both misdemeanors outside the statute of limitations.