Probably for a court to decide.
Fort Bend interim County Judge Daniel Wong said Thursday he will remain in office despite the county attorney’s conclusion that he no longer has the legal authority to serve.
Wong rejected calls to step aside and insisted he would remain in the seat while any legal disputes play out in court.
“I will continue doing the job I was appointed to do, serving the people of Fort Bend County,” Wong said, adding that he would also continue presiding over the commissioner’s court.
The dispute stems from the June 16 sentencing of former County Judge KP George, who received 180 days in the Fort Bend County Jail, five years of community supervision and a $5,000 fine after being convicted of felony money laundering. George has appealed the conviction.
Wong was appointed interim county judge in April by visiting Judge Jeth Jones after George’s felony conviction led to a civil removal proceeding. The order suspended George from office while the removal case remained pending and installed Wong as temporary county judge.
George later posted the required $50,000 bond, allowing Wong to assume office. Wong, the Republican nominee for county judge, has led Commissioners Court since then.
The current dispute centers on what happened after George’s June 16 sentencing.
The civil removal lawsuit that led to Wong’s appointment was dismissed, prompting County Attorney Bridgette Smith-Lawson to conclude Wong’s temporary appointment ended with it. Wong and his legal team argue the dismissal did not terminate the appointment and that the Texas Constitution requires him to remain in office until a successor is qualified.
Smith-Lawson on Wednesday issued a legal opinion concluding Wong’s authority ended when the civil lawsuit that prompted his appointment was dismissed.
“Mr. Wong no longer possesses the legal authority to act as County Judge,” Smith-Lawson wrote. She added that the county’s four commissioners constitute a legal quorum and “can and should proceed with county business without a presiding County Judge.”
Wong’s attorney, Chris Hilton of Stone Hilton PLLC, disputed that conclusion, calling the county attorney’s analysis “meritless and misguided.”
Hilton argued Wong’s appointment remains valid because no court has issued an order terminating it. He also said the Texas Constitution’s holdover provision requires Wong to continue serving until a successor is qualified.
“The people of Fort Bend County have a county judge,” Hilton said. “And he’s going to continue to serve the people to the best of his abilities as law requires him to do.”
See here for some background. The dispute led to Thursday’s Commissioners Court meeting getting derailed. I’ll say this much, I have no idea what the legally correct answer is. It seems this is unprecedented in Texas history, which given all the wild stuff that has happened at the local level in that time is saying something. I’d do what Daniel Wong is doing if I were him, but if I were Dexter McCoy I’d be filing a lawsuit at my first opportunity. Let a judge give an answer, and then go from there. The Press has more.