It’s no surprise that a lawsuit has been filed in the standoff between Daniel Wong — who believes he still has legal standing to serve as interim county judge — and those who think he should step aside until he can get a court order proving that his appointment did not expire.
What may baffle some, however, is that the lawsuit didn’t come from Commissioners Dexter McCoy and Grady Prestage, who walked out of a Fort Bend County meeting last month because they said Wong didn’t have the authority to preside over it. In a press conference after the June 25 meeting, the Democratic commissioners said they were exploring all legal avenues to remove Wong and let voters decide in November if they want him as judge.
It’s still possible that McCoy and Prestage will sue, but Monday’s legal filing lists Wong as the plaintiff and County Attorney Bridgette Smith-Lawson as the defendant. Smith-Lawson issued an opinion on June 24 saying that, because a civil case that allowed a visiting Republican judge from Galveston to temporarily appoint Wong was dismissed, Wong “no longer possesses the legal authority to act as county judge.”
Smith-Lawson’s office did not immediately respond to requests for comment Monday.
Many questioned Judge Jeth Jones’ appointment of Wong as an interim because Wong is the GOP nominee in the county judge’s race in November, and letting him preside over court without being elected to the post is viewed as an unfair advantage.
McCoy is the Democratic nominee. KP George, who presided over commissioners court for two four-year terms, came in fifth in the Republican primary and was recently sentenced to jail time in a felony money laundering trial.
Bobby Eberle, Wong’s communications director, did not immediately respond to a request for comment Monday. In a press release, Wong said his suit asks a district court to “reaffirm one of the most fundamental principles of constitutional government: that judicial orders remain binding unless and until they are modified by a court — not by the unilateral opinion of another public official.”
The lawsuit seeks declaratory and injunctive relief confirming that Wong’s appointment to serve as Fort Bend County Judge remains legally effective, that the Texas Constitution requires continuity in public office until a lawful successor is duly qualified, and that actions taken by the county attorney exceeded the authority entrusted to her office, according to Wong’s statement.
Wong hired Chris Hilton, who formerly represented Texas Attorney General Ken Paxton, as his counsel. Hilton said in a statement that Smith-Lawson is wasting county resources “in pursuit of her own partisan, political agenda.” It’s unknown how much Wong has spent in taxpayer dollars to, as his critics say, pursue his own partisan political agenda.
“Rather than serve her constituents, she is abusing her office by pushing ridiculous opinions that have no basis in law and bullying county employees into helping her block Judge Wong from doing his job,” Hilton said in a statement.
Hilton added that Wong was appointed by a district court order and the appointment has never been vacated, modified or set aside by any court.
“The lawsuit contends that subsequent actions by the County Attorney created unnecessary uncertainty within county government, disrupted the orderly conduct of Commissioners Court business, and diverted valuable public resources away from serving the citizens of Fort Bend County,” the statement reads.
The next meeting of Fort Bend County Commissioners Court is at 1 p.m. Thursday, July 9.
