A Fort Bend County judge said Tuesday that Daniel Wong will continue serving as county judge while a quo warranto lawsuit—a legal proceeding used to determine whether someone has the legal right to hold public office—moves through the courts.
The hearing before Judge Edward Krenek did not decide whether Wong will ultimately remain county judge. Instead, Krenek established a schedule for the case while repeatedly emphasizing that no court has yet ruled Wong should be removed from office.
One of the hearing’s most significant moments came when Krenek questioned Kevin T. Hedges, chief of litigation for the Fort Bend County Attorney’s Office, about Wong’s current legal status.
“So until there is a judicial declaration of some sort by a court of competent jurisdiction … Mr. Wong would continue to have the authority to act as county judge, wouldn’t he?” Judge Krenek asked.
“He is entitled to exercise the powers of the county judge,” Hedges responded.
A short time later, Krenek asked whether someone could simply declare Wong was no longer county judge before the court ruled.
“It would have no legal effect,” Hedges replied.
Krenek also emphasized that Wong is entitled to a full legal process before the court determines whether he has the legal right to continue serving.
“We can’t put the cart before the horse and make a determination before he’s entitled to his due process rights,” Judge Krenek said while discussing the procedures governing the case.
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Rather than deciding the case Tuesday, Krenek established an accelerated schedule intended to move the lawsuit forward while giving both sides time to prepare.
“I do think we need to expedite it a little bit,” Krenek said before setting deadlines for discovery and future hearings.
The judge ordered:
- Discovery responses due by Aug. 28.
- Motions asking the judge to decide the case without a trial may be filed between Aug. 28 and Sept. 10.
- A hearing on those motions is scheduled for Oct. 16.
- If the case is not resolved by then, trial is scheduled to begin Nov. 10.
Krenek also directed both sides to submit written arguments addressing whether the court should consider temporarily removing Wong or otherwise limiting his authority before the case is decided.
Tuesday’s hearing answered one question, but not the biggest one.
Judge Krenek made clear that Wong will continue serving while the case proceeds because no court has yet ruled otherwise. Whether Wong has the legal right to remain county judge is the question the court will answer after additional legal filings, arguments and, if necessary, a trial.
See here, here, and here for some background. I have to say, if this is an expedited schedule, I’d hate to see what a slow walk looks like. As I’ve said before, I don’t think anyone’s arguments here are crazy. I just think this needs to be decided in a more timely fashion.
If nothing else, Judge Krenek’s timeline will have a profound effect on some immediate business for Fort Bend.
During a budget workshop, finance officials warned that if Commissioners Court cannot assemble enough members to adopt next year’s tax rate, the county would lose about $21 million in revenue, likely eliminating planned employee raises and delaying major road, parks and flood-control projects.
During a budget workshop, finance officials warned that if Commissioners Court cannot assemble enough members to adopt next year’s tax rate, the county would lose about $21 million in revenue, likely eliminating planned employee raises and delaying major road, parks and flood-control projects.
The stalemate stems from a months-long legal battle over whether acting County Judge Daniel Wong is still authorized to serve. Democratic Commissioners Grady Prestage and Dexter McCoy have refused to attend Commissioners Court meetings since June 25, arguing Wong lacks the authority to preside. Their absence has left Wong and Republican Commissioners Andy Meyers and Vincent Morales as the only three members regularly attending meetings and conducting county business while a court decides Wong’s legal status.
Fort Bend County Director of Finance and Investments Pamela Gubbels said the county’s proposed $792 million budget assumes the overall county and drainage tax rate will remain unchanged at 42.2 cents per $100 of taxable value. But Texas law requires at least four members of Commissioners Court to be present to adopt a tax rate.
“If we do not have at least four members of Commissioners Court, we would roll back to the no-new-revenue rate,” Gubbels told commissioners.
Remember when Harris County Commissioners Cagle and Radack busted quorum to force a lower tax rate that they couldn’t have otherwise achieved? And then Commissioners Cagle and Ramsey did the same thing three years later? Good times, which I’m sure have had no lasting effect on the county’s current financial status. The main difference here is that Cagle and Radack/Ramsey are arsonists who gleefully screwed with Harris County’s budget, while Commissioners McCoy and Prestage are caught between recognizing Wong’s authority and capsizing their own priorities. I don’t envy them the choice. They have until September 30 to adopt the tax rate, which you may note is earlier than even the hearing to decide whether to make a ruling without having a trial. Good luck, y’all.
UPDATE: KUHF has a good story on this now.
And the general election is Nov. 3.