There has been new legal action in this case. Our story is posted here.
RICHMOND, Texas (Covering Katy News) — The legal dispute over who lawfully serves as Fort Bend County judge intensified Monday as County Judge Daniel Wong and County Attorney Bridgette Smith-Lawson filed competing lawsuits asking the courts to resolve the issue.
Wong's lawsuit asks a district court to declare that his April 10 judicial appointment remains valid and that he must continue serving as county judge until a successor is lawfully qualified.
Later Monday, Smith-Lawson announced she had filed a separate legal action on behalf of the State of Texas seeking the opposite result — a declaration that Wong has no legal right to hold or exercise the office of Fort Bend County Judge.
The dueling lawsuits stem from a dispute that began after former County Judge KP George was removed from office following his felony conviction. Wong was appointed county judge on April 10 by a visiting district judge under Chapter 87 of the Texas Local Government Code while George was suspended from office. After the underlying civil removal lawsuit against George was later dismissed with prejudice, county officials sharply disagreed over whether Wong's appointment remained in effect.
In his lawsuit, Wong argues that the April 10 appointment order has never been vacated, modified or set aside by any court and therefore remains legally effective. He also contends that Article XVI, Section 17 of the Texas Constitution requires public officers to continue serving until their successors are duly qualified, preventing a vacancy in the office.
The lawsuit further alleges Smith-Lawson exceeded her legal authority by directing county employees to revoke Wong's access to county facilities and computer systems and by advising commissioners that actions taken during meetings presided over by Wong could be legally challenged. Wong asks the court to declare those actions unlawful and prohibit further interference with his duties.
In a statement released with the lawsuit, Wong's attorney, Chris Hilton, criticized the county attorney's actions.
"Bridgette Smith-Lawson is wasting valuable Fort Bend County resources in pursuit of her own partisan, political agenda," Hilton said. "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."
Wong said he turned to the courts seeking to resolve the dispute.
"I did not seek this lawsuit. I sought to do the job the district court entrusted me to do," Wong said. "The people of Fort Bend County deserve certainty, stability, and a government focused on serving the public — not political disputes. We are asking the courts to reaffirm what the Constitution already requires so that county government can remain focused on the people's business."
Late Monday, Smith-Lawson announced that she had filed a separate lawsuit contending Wong's appointment no longer provides legal authority for him to serve as county judge.
"Mr. Wong's claim to that office rests solely on an April 10 court order issued in a civil removal case, and under Texas law that order is void and cannot give him legal title to the office," Smith-Lawson said.
According to Smith-Lawson, only the State—not a private individual—may maintain the type of removal action that resulted in Wong's appointment. She argues that because the underlying civil case was later dismissed in its entirety, any temporary authority created by that appointment also ended.
Smith-Lawson said her filing, brought in the name of the State of Texas, asks the court to declare that Wong has no legal right to hold or exercise the office of county judge. She also seeks court orders to prevent what she described as further confusion within county government, protect confidential attorney-client communications, and avoid legally questionable county contracts and records while the case is pending.
The competing lawsuits now place the central legal question before the courts: whether Wong's April judicial appointment survived the dismissal of the civil removal case or whether his authority ended when that litigation concluded.
For additional context, read our in-depth report detailing how actions by several Democratic elected officials to remove Daniel Wong from office were already underway before Commissioners Court publicly voted on the issue.
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