As the lawsuits and mudslinging mount between Fort Bend County Republicans and Democrats, the latest missive from Interim County Judge Daniel Wong — who many contend has no authority to hold the office — is an attempt to undermine the county attorney because he doesn’t agree with her legal advice.
Last week, Wong, who was appointed to the county judge’s post in April, and two Republican commissioners voted to remove three of the county’s eight associate judges at the end of the year and move most of County Attorney Bridgette Smith-Lawson’s staff and funding under a newly created department that reports directly to commissioners court.
If the county budget is approved Thursday, September 10, the changes to Smith-Lawson’s office take effect on October 1 when the new fiscal year begins.
Smith-Lawson, a Democrat who was elected twice to serve as Fort Bend County’s legal counsel, said the action was “retaliation for my office’s obligation to provide an independent legal opinion regarding the authorities of the county judge.”
Back in June, Lawson issued a legal opinion saying Wong’s appointment as temporary county judge expired. Wong sued her; she countersued, and even though Wong dropped his case, the matter remains in Republican District Judge Edward Krenek’s court, with a pending trial date set for November 10.
The court date falls after the November 3 election when Wong, the GOP nominee for county judge, faces Democrat Dexter McCoy for the permanent four-year position.
Last week, Smith-Lawson sued commissioners over what were then proposed changes to her office and requested a temporary restraining order that would have blocked Wong and Republicans Andy Meyers and Vincent Morales from gutting her office but it was denied by Republican District Judge Mark Hanna, who offered no comment on the matter.
Smith-Lawson said in a statement last week that her responsibilities do not include providing “legal advice that is politically convenient.”
“Efforts to strip the office of its responsibilities, staff and resources because its legal advice is unwelcome sets a dangerous precedent for every elected official, county employees, and every resident of Fort Bend County,” she said.
“This proposal also comes at a time when questions surrounding Mr. Wong’s authority and role in county government remain the subject of active litigation. That makes transparency and adherence to established law more important, not less.”
The proposal was filed by GOP Commissioner Meyers, who said in a statement that the court has lost confidence in Smith-Lawson’s “professional competence and legal judgment.”
The motion passed 3-0, with Wong, Meyers and Morales voting in favor. Democratic commissioners McCoy and Grady Prestage have boycotted commissioners court meetings since June 25, maintaining that the gatherings are illegal as long as Wong is presiding.
While the changes to the county’s legal system may have been an effort to punish Smith-Lawson, judges from both political parties spoke at the August 27 commissioners court meeting and said that important court proceedings will be delayed and incarceration times will be extended by the elimination of judge positions, thus punishing Fort Bend County residents and taxpayers.
District Family Court Judge Kali Morgan, a Democrat, said no explanation was provided for why the decision to eliminate district courts was made.
“Fewer judicial resources will place additional pressure on our courts,” she said. “That means potential delays for families seeking resolution, children whose cases require timely attention, victims waiting for justice, defendants awaiting due process, and law enforcement and other agencies relying on our courts to function effectively.”
Democratic District Judge Monica Rawlins said her family court disposed of more than 3,000 cases last year and she couldn’t have completed the caseload without an associate judge to assist. People seeking protective orders because they’re experiencing abuse don’t have time to wait 10 months for a judge to hear their case, she added.
Republican District Judge Maggie Jaramillo, who presided over former County Judge KP George’s felony money laundering trial earlier this year, said the matter was about more than eliminating three positions in the county budget. “It is about the administration of justice, the separation of powers and whether the courts of Fort Bend County have the resources necessary to perform the essential functions that the law requires.”
Jaramillo also questioned whether commissioners court has the legal authority to change how district courts function without adequately considering the judiciary’s statutory responsibilities.
Associate Judge Stuti Patel, who was appointed to her post and therefore doesn’t have a publicly listed political affiliation, currently works for Krenek, the Republican who is overseeing the matter of whether Wong should be removed from office. She, too, advocated for keeping the positions intact, saying she personally handles matters that directly affect the public such as property tax dockets and signing warrants so law enforcement can keep the streets safe.
The associate judges haven’t been told who will be eliminated, only that they can keep their jobs through the end of the year and the caseload will then be distributed among five magistrates rather than eight. The action doesn’t make sense, Wong’s critics say, because it means judges in family court will be tasked with handling criminal cases which they weren’t hired to preside over.
Wong’s staff posted an AI-generated graphic on the county judge’s official Facebook page on August 28, saying that the transition from eight to five associate judge positions will save taxpayers “nearly half a million dollars per year while maintaining judicial capacity.” The post did not address the action taken against Smith-Lawson’s office.
Wong’s Communications Director Bobby Eberle said in a statement that creating a civil division of the county attorney’s office is a “revenue-neutral endeavor.”
“This is certainly not political retaliation,” Eberle said. “In fact, Judge Wong is seeking the exact opposite: to remove politics from day-to-day legal operations. The county attorney has politicized her office, is highly partisan, and has abused her power. The more functions that can rightfully be handled by other, competent attorneys is a win for Fort Bend County.”
During last Thursday’s commissioners court meeting, Wong said, “The court should be a place where we solve problems, not a stage for political theater or grandstanding. Leadership means showing up.” The statement may have been a dig at McCoy and Prestage, who have missed several meetings since their boycott began in late June.
The Democratic commissioners attended an August 25 special-called meeting at which only one item was on the agenda, a vote on the creation of a tax increment reinvestment zone, from which Wong recused himself because of business ties with Tesla, which could ultimately receive a tax break for future projects. The TIRZ was created unanimously without Wong’s vote.
At the time, McCoy said, “If Mr. Wong can step aside to protect the integrity of a vote involving a company in which he has business interests, why won’t he step aside to protect the interest and the integrity of the people’s business?”
Wong, a former Sugar Land city councilman, has never been elected as a Fort Bend County representative. McCoy has contended for months that Wong’s appointment as interim judge expired when a civil court case against George was dropped on June 17 and that votes taken while Wong is presiding could later be challenged in court.
A lawyer who practices in Fort Bend County and asked to remain anonymous for fear of retaliation said that if Wong loses the November election and a Democratic majority returns to the court, it’s possible that some mitigating measures can be taken to reverse what he says is harm caused by Wong.
“Essentially, it’s hard to change a budget mid-cycle,” the attorney said. “The amount of money they’re moving around is hundreds of thousands of dollars. The damage is going to be immediate. The whole thing with a county attorney’s office is going to be a mess. They’re wanting 15 lawyers to individually report to five commissioners, and they’re going to have outside counsel overseeing a county department. It makes no logistical sense.”
Jennifer Cantu, chairwoman of the Fort Bend County Democratic Party, said there are legitimate legal concerns about reorganizing the county attorney’s office, “especially given that Texas law assigns specific responsibilities to elected county attorneys.”
“Beyond the legal implications, this raises a crucial question about fairness and democracy: If she was chosen by the people, why reduce the support she requires?” Cantu said in a statement.
Meanwhile, Fort Bend County has to adopt a budget by September 30, and the court needs a quorum of four people to vote on a budget and tax rate. If McCoy and Prestage aren’t present for the vote next Thursday — and they’ve said the only way they’ll be there is if Wong recuses himself —Texas law automatically establishes the county’s tax rate using the lower of the current year’s tax rate or the proposed year’s no-new-revenue tax rate.
That means county employees won’t get salary increases and some projects could be stalled.
Wong could end the standoff immediately by stepping aside and letting the four elected commissioners vote on the budget, but he has refused to do so, arguing that McCoy and Prestage could end the standoff by showing up to court.
The attorney who asked to remain anonymous said he and many others believe that Wong’s actions are illegal. “What they’re doing is unprecedented and it shows that they don’t know and don’t care about what the effects of this are,” he said. “They’re fundamentally trying to seize as much power and control as they can. They’ve weaponized the budget.”
“I want to be clear. When they voted on this, they did not provide an iota of discussion defending those actions. They just went ahead and did it. This was a predetermined action. You had Republican judges coming up and saying this was a terrible idea. This is their jobs and their livelihood. It’s just absolutely, incredibly short-sighted, and the results will affect a lot of people and a lot of residents for a long time.”
