in Re: James Hulsey, 12-22-00143-CR

Relator James Hulsey (pro se) filed an original mandamus petition asking the court to compel Cherokee County District Clerk Alison Dotson to file his constitutional challenge to a state statute.
Hulsey relied on Texas Code of Criminal Procedure article 2.21, asserting the clerk has a ministerial duty to receive and file all papers.
The Court of Appeals examined whether it has mandamus jurisdiction to order a district clerk to file the pleading.
The court concluded appellate mandamus jurisdiction does not extend to district clerks in these circumstances and that the record does not show mandamus is necessary to protect this Court’s jurisdiction.
The panel noted the Texas Court of Criminal Appeals has broader mandamus authority in criminal matters.
The petition for writ of mandamus was dismissed for want of jurisdiction on June 8, 2022.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether this Court of Appeals may issue mandamus to compel a district clerk to file a relator's constitutional challenge	Hulsey: Dotson must receive and file all papers under art. 2.21; she has a duty to file his challenge	Dotson/State: this court lacks mandamus jurisdiction over district clerks; relief is not necessary to protect appellate jurisdiction	Court: No jurisdiction; mandamus petition dismissed for want of jurisdiction; Texas Crim. App. retains broader writ power

In re Bonilla, 424 S.W.3d 528 (Tex. Crim. App. 2014) (reviewing petition for writ of mandamus against district clerk)
In re Smith, 263 S.W.3d 93 (Tex. App.—Houston [1st Dist.] 2006) (orig. proceeding dismissing mandamus against district clerk)