The Fisher County Commissioners Court convened in a special meeting on Monday, November 18 — the final day permitted by law to canvass votes from the November 4 election. During the session, as the presiding member of the canvassing body and based on the presented evidence, Fisher County Judge Ken Holt declared Fisher County Sheriff-elect Simon Wade ineligible to serve.
On November 12, Judge Holt issued an administrative declaration citing that Wade does not meet the statutory requirements to serve as sheriff. In a memorandum addressed to the Commissioners Court and Wade, Judge Holt stated, “This record conclusively establishes that Simon Wade does not hold an active permanent peace officer license in the State of Texas and is not eligible to be licensed under Chapter 1701, Texas Occupations Code.”
The declaration was supported by a letter from James Beauchamp, General Counsel of the Texas Commission on Law Enforcement (TCOLE). The letter affirmed that Wade is ineligible for licensure due to a permanent bar resulting from the voluntary relinquishment of his Arizona peace officer certification in 2017. “An individual that has a surrender of license currently in effect does not meet the minimum standards for enrollment and licensure,” explained Beauchamp.
According to Texas law, specifically Section 85.0011 of the Texas Local Government Code, a candidate for county sheriff must hold an active permanent peace officer license or be eligible for licensure under certain conditions. Wade’s inability to obtain a Texas Peace Officer’s License renders him ineligible to serve.
Candidates for the office of county sheriff must meet specific criteria, including holding an active permanent peace officer license or being eligible for licensure under Sections 1701.309 and 1701.312 of the Texas Occupations Code. Additionally, they must have a minimum of five years of experience as a federal special investigator or be a military veteran with at least ten years of combined active duty or National Guard service.
While he meets portions of these criteria, Wade’s relinquishment of his Arizona peace officer certification, which is permanent and bars him from law enforcement work in Arizona, impacts his eligibility in Texas. TCOLE’s regulations stipulate that individuals who have surrendered a license in another state do not meet the minimum standards for licensure in Texas.
In response, Simon Wade released a press statement acknowledging the court’s decision and expressing gratitude to his supporters. “I am deeply thankful for the voters who placed their trust in me during the recent election,” Wade said. He also addressed the licensing issues, noting that TCOLE declined his application due to the circumstances surrounding his Arizona certification.
Wade has been working with legal counsel to appeal the denial but recognizes that the process may be lengthy and without guarantee. While he plans to continue pursuing an appeal and work to obtain his Texas Peace Officer’s License, he admitted it would take time.
Wade added that he did not want to impede the county from moving forward, consenting to the declaration of ineligibility. “After much prayer and reflection, I believe the right thing to do is to accept this decision,” said Wade.
The statement also shared how while seeming like a setback, the situation allows him to focus on personal matters, particularly his wife’s health. “This professional obstacle gives me an opportunity to focus on what matters most — my family.”
Wade also addressed the court and members of the public during Monday’s meeting, where he conveyed his gratitude for those who voted in his favor during the election and holds hope for future elections saying, “If circumstances allow, I hope to seek a place on future ballots and continue my fight to serve as your sheriff,” said Wade when addressing the court and members of the public during Monday’s meeting.
Judge Holt’s declaration effectively creates a vacancy for the position of Fisher County Sheriff. It is now incumbent upon the Fisher County Commissioners Court to appoint a qualified individual to fill the role. Wade expressed his hope that the court would make a thoughtful decision in selecting his replacement.
“My only wish is that the Commissioners Court will choose wisely and thoughtfully in appointing someone to fill this vacancy — someone who will protect and serve our county with honor, integrity, and devotion,” said Wade.
Fisher County Sheriff Tom Pohlman was appointed to the office earlier this year in March after initial concerns about Wade’s eligibility first surfaced. Although suffering a significant defeat in the November Election, Pohlman will continue to serve as sheriff until January 1, when Wade would have been set to assume the office.
When the appointment expires and the office becomes officially vacant, the county commissioners must appoint a sheriff to serve the county until the office can be filled by popular vote during the gubernatorial election in 2026. The appointment process will involve selecting a candidate who meets all statutory requirements to serve as sheriff.
While it is possible the court could extend Pohlman’s appointment in January, officials have declined to comment about who might receive that appointment but confirm they are exploring all options. More information will be shared when it becomes
available.