Not yet, but I expect it will happen soon.
Christian Menefee
Commissioners failed to appoint someone to fill Christian Menefee’s seat Thursday, leaving the future of the county attorney’s office uncertain.
Harris County Judge Lina Hidalgo scheduled a special session for Thursday to discuss the matter, but a scheduling conflict prevented her from attending, a representative for her office said.
Commissioners met briefly for business court, which requires a minimum of three commissioners present and generally deals with procedural matters, before abruptly adjourning without holding the special session. Commissioner Adrian Garcia, who was part of the quorum during the business portion, also had a schedule conflict and needed to leave immediately afterward, a representative for his office said.
The appointment was further hampered by a rule change approved by commissioners at a meeting held Nov. 13. Commissioner Lesley Briones introduced an item that, similar to Houston City Council, allows two commissioners to “tag” an item. If an item is tagged, it cannot be discussed until the next regularly scheduled meeting.
The only item on the agenda for Thursday’s special session was an executive session meeting to discuss the future of the county attorney’s office, which was tagged by both Briones and Commissioner Rodney Ellis.
Nancy Sims, a political science lecturer at the University of Houston, said commissioners’ positions on who to appoint to fill Menefee’s seat may have changed in recent weeks. While the Open Meetings Act prevents commissioners from privately discussing business, there are still avenues for officials to signal their support for a particular candidate, Sims said.
“Counting to three” is a common tongue-in-cheek refrain among county insiders that refers to the simple majority required for commissioners to approve rule changes, make appointments and conduct business. The most likely explanation is that none of the candidates under consideration for the position were able to garner support from three of the five court members, Sims said.
“A good lobbyist, a good elected official knows how to count,” Sims said. “Knowing how to count is very important. It sounds to me like they reached a point where their count wasn’t working for anybody.”
Houston City Council Member Abbie Kamin initially appeared to be in a strong position to receive the role, but her effort to collect endorsements for the position may have been seen as presumptuous, Sims said.
“Commissioners Court is a unique entity, and they have to be approached carefully and cautiously in a situation like this,” Sims said. “She may have jumped the gun a little bit by putting together a list of supporters.”
Commissioners’ decision not to hold the special session Thursday puts Kamin in a precarious position. Although she has not publicly stated whether she intends to run, commissioners do not have another meeting scheduled until Dec. 11 — three days after the deadline to file for the Democratic primaries for the 2026 general election.
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Two candidates have already filed to run for Menefee’s seat. Judge Audrie Lawton-Evans, a Democrat who oversees Civil Court at Law No. 1, formally declared her intent to run for county attorney Monday. Jacqueline Lucci Smith, a former Harris County judge and general counsel to State Sen. Paul Bettencourt, filed for the position Sept. 8, according to her campaign finance report.
See here and here for some background. I’m okay with delaying the action to select a new County Attorney until all five members of the Court can be present. But it shouldn’t go beyond that. Let’s make a decision on December 11 and move on. If a reason for the delay so far is that the question of whether to pick a placeholder or endorse a successor remains unresolved, I’ll just reiterate that I support picking a placeholder and letting the voters take it from there.