The Texas attorney general declined to issue a formal opinion on whether Johnson County Sheriff Adam King is eligible to serve in his position after losing his peace officer license earlier this year.
The move means King will be allowed to continue serving while under indictment for sexual harassment, retaliation and perjury.
In his response to Johnson County District Attorney Tim Good Friday, Ken Paxton said formal opinions typically aren't issued in pending litigation. But Good can send another request once the case has concluded, Paxton said.
King's attorney Bill Mason declined to comment to KERA News Monday. KERA News also reached out to the Johnson County DA's office and will update this story with any response.
King's license with the Texas Commission on Law Enforcement was suspended Sept. 9, two weeks after he was arrested on accusations he made several sexually inappropriate comments to female employees.
King was indicted in August on charges of sexual harassment and retaliating against both the alleged target of the harassment and the chief deputy who reported the alleged harassment to the Texas Rangers. He was indicted again in October for aggravated perjury after prosecutors say he lied to a grand jury.
King was initially on paid administrative leave after the first indictments, but has since been allowed to return to work in a limited capacity after adjustments were made to his bond conditions.
In Good's request to Paxton last month, he argued holding a license with TCOLE is a requirement to serve as sheriff, citing the Texas Constitution.
Under the Texas Constitution, a sheriff must hold an active peace officer license, or have served either in the military or as a federal special investigator for a certain amount of time.
Good also added if King is disqualified from his position, it raises questions about whether deputy sheriffs under his authority can perform work related to protecting the public and investigating criminal acts.
King's next court date is set for Dec. 19.
TCOLE also had a legal dispute this year with Galveston County Sheriff Jimmy Fullen about whether Fullen should have his peace officer license revoked. The commission in 2024 claimed Fullen intentionally falsified government documents by excluding information about his criminal history stemming back to the 1980s. That included several arrests, including one for assault.
The recommendation from TCOLE came when Fullen was running as the Republican candidate for Galveston County Sheriff. Fullen sued the commission after winning the election, arguing TCOLE doesn’t have jurisdiction to revoke his license so long as he’s serving as an elected sheriff.
The commission and Fullen attempted to mediate in June, but weren’t able to come to an agreement.
The two parties reached an agreement last month, but the details of it are confidential until December if TCOLE decides to approve it during its meeting that month, according to Click2Houston.
Fullen's peace officer license was listed as active Monday on TCOLE's website.
Penelope Rivera is KERA's breaking news reporter. Got a tip? Email Penelope Rivera at privera@kera.org.
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