Bastrop County Justice of the Peace Donna Thomson’s court hearing last week, where she was expected to be arrested after being charged with contempt of court, was postponed after an appeals court judge declined to hear her case, citing lack of jurisdiction.

Thomson, who has represented Precinct 1 since 2011, was found to be in contempt of court in October for lying under oath during her divorce proceedings with attorney Derek Van Gilder. Visiting Judge David Squier said at an Oct. 20 hearing that Thomson had perjured herself by claiming in 2015 that she did not have guns belonging to Van Gilder in her possession. Earlier this year, the court discovered she had the guns, sold or attempted to sell them, and Squire found that Thomson violated the terms of the former couple’s divorce settlement.

Squier sentenced Thomson to 45 days in jail for the violation. She was expected to have been arrested Nov. 3 , though her attorney, Katrina Packard, requested the opportunity to file a petition for a writ of mandamus asking the judge to vacate the order calling for jail time. Packard claimed the punishment was too extreme, citing in the petition the Texas Family Code, which governs divorce decrees, that requires only the return of property or a monetary judgment if found in contempt.

"There are no provisions for ordering a party to jail to enforce the division of property," the petition said.

Further, the petition states that Thomson and Van Gilder divided the handguns during the divorce but it was never recorded, with serial numbers, which guns were to go to either person. "As a result, the divorce decree in this case was not specific enough to be enforced by contempt resulting in jail time," the petition said. "For a person to be held in contempt for disobeying a court decree, the decree must spell out the details of compliance in a clear, specific, and unambiguous terms so that the person will readily know exactly what duties or obligations are imposed on him."

Last week, the Texas Third Court of Appeals tossed out the petition for "lack of jurisdiction."

According to an opinion issued Dec. 12, a writ of habeas corpus is required to throw out a contempt order and requires that a person actually be incarcerated at the time. It also states that a person cannot be sent to jail by an oral order. Squier never issued a written order committing Thomson to jail.

On Nov. 3, Squier decided to allow Thomson to file the writ of mandamus and have another judge review the case and jail sentence. With the decision last week by the appeals court, Thomson’s case before Squier was postponed until Jan. 12.

Packard said they will see whether the judge will issue a written order sentencing Thomson to jail or if other action will be taken.

Thomson said she is not seeking re-election in 2018. Five candidates have filed to fill her Precinct 1 seat, including former Texas Alcoholic Beverage Commission executive director Sherry Cook, former municipal judge Cindy Allen, financial planner Mac Simpson and psychology student Kelley Price, all of who will go head-to-head in the Republican primary in March. Whoever wins the primary will face-off with Democrat Dock Jackson in the general election in November.