GRAYSON COUNTY, Texas (KTEN) — The husband of a woman who said she was killed by a drunk driver in Denison last year has filed paperwork seeking the removal of Grayson County Judge Bill Magers.

Lawyers for Magers dismissed the legal action as "frivolous" and politically motivated.

Magers was arrested for DWI in February 2020 after crashing his truck into a light pole in the parking lot of Schulman's Movie Bowl Grille in Sherman. No one was injured in the incident; he later pleaded guilty and was sentenced to one year of probation.

It was Magers' second DWI conviction.

John Palmer, who filed the lawsuit, said investigators found Magers' blood alcohol level was three times the legal limit when he was arrested last year.

Palmer said Section 87 of the Texas Local Government Code provides for the ouster of a judge who engages in misconduct, including intoxication, while on or off duty.

"If the district judge reads the law and interprets the law the way it's written, then it should go over to the DA's office," Palmer said. "We'll find out real quick what kind of system we have in Grayson County... do we have a good 'ol boy system, or do we have a justice system?"

Bob Jarvis and Joe Brown, attorneys for Judge Magers, issued the following public statements on Thursday:

“Between Joe Brown and I, we have almost 30 years of bi-partisan experience as elected district attorneys of Grayson County. We have never seen a case like this – where one individual is trying to take away the public’s ability to choose their County Judge. If someone wants to run against Judge Magers, they should sign up, pay the fee, and begin their campaign. They can debate Judge Magers on the job he’s done. They filed this case because they can not win on their own merits.”

-Bob Jarvis, former elected District Attorney of Grayson County

“This is all politics. In reality, I don’t believe this is John Palmer bringing this case 'pro se,' on his own. This is the political opponents of Bill Magers using unrelated events to try to score cheap political points. Judge Magers has taken responsibility for the mistakes he made. Why is this suit being brought right now, in the middle of the filing period for political office? It could have been filed any time in the last two years since Judge Magers’ arrest. It is obvious to me that there is a ghost-writing lawyer with a grudge writing a lawsuit at election time taking advantage of the Palmer family’s tragedy. The suit is frivolous and we are going to contest it and let Judge Magers keep his focus on the business of the County.”

-Joe Brown, former United States Attorney and elected District Attorney of Grayson County

Palmer's lawsuit comes just a week after Magers announced he is running for reelection.

Palmer's wife, Katie Palmer, had been a teacher in Denison. John Palmer maintained that the driver who hit the 39-year-old was intoxicated, but last August a Grayson County grand jury declined to indict the motorist after investigators determined that other factors were responsible for the fatal accident.