Historic Appointment Monday Seats Kerr County's First Female Commissioner

Making history, Kerr County Judge Rob Kelly has appointed the county’s first woman to the commissioners’ court. Anne Overby will be sworn in Oct. 23 to represent citizens living in Kerr County Precinct 1.

Overby will replace Harley David Belew, who was officially removed from office Sept. 29 by a district court decision.

The appointment came yesterday afternoon, Monday, Oct. 16, after a brief special session of the commissioners’ court, during which Judge Kelly, Commissioner (Pct. 2) Rich Paces, Commissioner (Pct. 3) Jonathan Letz and Commissioner (Pct. 4) Don Harris went immediately into executive session for discussion. When they returned a few minutes later, the judge offered comments to clarify the situation for the public and to make the appointment official.

By law, the county judge is solely responsible for appointing a replacement if an elected commissioner leaves a vacancy before their term is up.

Judge Kelly said that Kerr County had no direct involvement in the quo warranto action that resulted in Belew’s removal from office. The court action was brought against Belew by the 198th District Attorney. The basis of the claim stems from a 1973 felony conviction, to which Belew (17 years old at the time) pleaded guilty and was placed on 10 years of probation, which he successfully completed.

Felony convictions carry certain disabilities, prohibiting convicted felons from voting, holding public office, serving on juries, etc. Belew failed to disclose his felony conviction before running for public office and getting elected, which is a misdemeanor offense, but the investigation found that the new misdemeanor crimes were barred because of the statute of limitations.

The 198th District Attorney Stephen Harpold decided to bring the quo warrato action to remove Belew from office. “Kerr County was not involved at all, other than as an observer,” Kelly said.

Visiting Judge Sid Harle, from San Antonio, ruled on Sept. 29 that Belew be removed from office effective immediately.

Belew filed a request to suspend enforcement of the Sept. 29 order pending his appeal to the 4th Court of Appeals in San Antonio.  Following the Sept. 29 ruling, Belew was unable to continue his duties as commissioner until the trial court (Judge Harle) ruled on that request. Late Thursday afternoon, Oct. 12, Harle overruled Belew’s request and upheld his removal from office. Therefore, Belew is unable to serve as the commissioner of Kerr County Precinct 1 while his case is on appeal.

District courts are superior to county courts and county commissioners’ courts are required to comply with district court orders.  At this point, the only court that has the authority to review Harle’s order is the court of appeals.  “As the Kerr County judge, I am powerless to do anything except comply and await the appellate court’s outcome,” Kelly said. 

What he was compelled to do, however, was make the appointment, because “it is imperative to have representation for the citizens in Precinct 1,” Kelly added. “I saw a chance to do something historical. This court needs diversity,” he added, pointing out that the four remaining commissioners were all aging, white males on Medicare. “This (he pointed around him) is not the face of Kerr County.”

Kelly said it was time to do something about that, and so he decided to appoint the best, qualified woman. “It is time that it be done,” he said, adding that he fully expects to be criticized for his decision.

Anne Overby and her family have been known by the judge for more than 30 years. “She is a very, very impressive young woman” with impeccable credentials, Kelly said. “She’s worked for our Republican former Congressman as well as our current Congressmen from this district for over 20 years, and during that time she has dealt with every political issue you can imagine.”

Overby started with Congressman Lamar Smith as an aide, then staff assistant and, finally, as his constituent services liaison and service academy liaison. Now, she works as the military liaison for Congressman Chip Roy in his Kerrville office on Lehmann Drive.

She and her husband, Kerwin Overby, a partner with the DavidsonFreedle accounting firm in Kerrville, have two children, Kaitlyn and Zachary. All four are graduates of The University of Texas at Austin.

Anne has been active as a leader in Project Graduation, Sunday school, the Kerr County Historical Commission and various other community organizations. “She is a renaissance woman,” Kelly noted.

Overby will be sworn in during a regularly scheduled Kerr County Commissioners’ Court at 9 a.m. on Monday, Oct. 23, at the Kerr County Courthouse, 700 Main Street in Kerrville.