Should Texas Officials Keep Getting Paid While in Jail?

A County Clerk in Texas recently served 30 days in jail and despite being behind bars, she continued collecting her nearly 100k annual salary. That raised an obvious question: should taxpayers be on the hook for paying an elected official who isn’t at work because they’re in jail?

In March 2023, 67-year-old Karen Phillips was arrested and found guilty of interfering with public duties while her eldest son was getting arrested. Last month, Phillips opted for a sentence of 30 days in jail and a year of probation. However, as Phillips sat in jail, she still continued to collect her $95,814 annual salary, which sparked concern.

The Smith County Commissioners Court actually talked about whether they could dock her pay, but ultimately took no action.  County Judge Neal Franklin admitted the decision was driven by fear of a lawsuit: “We felt like litigation was pending if we made a move.”

Assistant District Attorney Thomas Wilson explained that Texas law isn’t clear on the issue. One constitutional provision appears to protect elected officials’ pay during their terms, while another raises questions about what happens when they’re unable to perform their duties.

Phillips pushed back, pointing to former Constable Henry Jackson, who she said still received a paycheck while serving time. Wilson clarified that Jackson’s pay stopped after he was suspended, making the two cases different.

And here’s where it feels frustrating. In any other job, if you don’t show up for 30 days because you’re incarcerated, you wouldn’t expect to keep getting paid. Yet county residents are funding nearly a six-figure salary for someone who wasn’t at work because she was serving a jail sentence.

Phillips argues she’s being singled out, but just because something that may have been allowed in the past doesn’t make it right now. At some point, precedent has to give way to common sense.

Commissioners stressed that the Texas Legislature needs to address this issue directly. Precinct 3 Commissioner J. Scott Herod even suggested that officials who end up in jail should voluntarily return their pay.

Until the law changes, counties like Smith are left in limbo, and taxpayers are left covering the cost.