Commissioner's court fails to reach a quorum
On Thursday, the Fort Bend County Commissioners Court was set to meet. Ahead of it, interim Judge Daniel Wong had a message during a news conference.
"My responsibility is to ensure that the business of Fort Bend County continues without disruption," Wong said.
However, county business has come to a standstill. Despite nearly 40 items on the agenda, including updates on a new sheriff training facility, job positions, and road projects, the audience heard none of it.
That's because not enough commissioners showed up. The three Republicans, Wong, Commissioners Vincent Morales, and Andy Meyers, were present.
However, Meyers was there virtually. The two Democrats, Commissioners Grady Prestage and Dexter McCoy, weren't present.
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To have a quorum, there must be three commissioners present in person.
"I want to advise you all that we don't have a quorum," Wong told the packed room.
It's the second meeting in a row where Prestage and McCoy chose not to participate. Prestage's staff wouldn't comment to ABC13.
McCoy sent ABC13 a statement that read in part:
"As I have said from the beginning, I will not participate in a meeting presided over by someone who has been found not to be legally authorized to serve as County Judge," McCoy said.
Last month, County Attorney Bridgette Smith-Lawson told commissioners Wong shouldn't be in his position after the case that put him there was dropped. On Monday, Wong filed a lawsuit against Smith-Lawson, asking a court to decide the case.
Smith-Lawson filed her own case to get Wong removed. So far, no court dates have been set.
County judge and county attorney take questions about the legal fight
The court fight began on Monday. It wasn't until Thursday that both sides took their first questions.
"I'm embracing that process," Wong explained. "I have confidence in the judicial system, and I look forward to presenting the facts and the law in the forum where they belong."
A Rice University political science professor told ABC13 that if the court rules against Wong, it could call into question any vote, meeting, or discussion. ABC13 asked Wong if he'd step aside while the courts look at the matter.
"I have to lead this county now until the court tells me otherwise," Wong said.
In an interview only on ABC13, Smith-Lawson said she asked the court to intervene because she fears Wong's presence in court will affect the county.
"It makes the actions of the county voidable," Smith-Lawson said. "That could mean every contract that we sign, and there are hundreds of them. That could mean conducting meetings and having access to confidential information."
Wong was appointed in April after a judge temporarily suspended Judge KP George in a civil case.
It's separate from George's felony conviction involving campaign funds. Last month, the civil case was dropped. Because of it, Smith-Lawson said Wong shouldn't be in the position.
"Even if Mr. Wong believed his position was valid at some time, we now know unequivocally, at least from the legal perspective and legal research that we've pulled, that it is void," Smith-Lawson said.
Political experts told ABC13 the legal process could take months, unless the Texas Supreme Court takes the case quickly. Smith-Lawson told ABC13 she's requesting that it take place.
Here's how the legal fight could make a bigger impact soon
Next week, commissioners will start the budget process with their first meeting. Commissioners will set a tax rate and vote on a budget in September.
"This is budget season," Fort Bend County judge spokesperson Bobby Eberle said. "This is very important. This is how all the departments get funded."
However, experts said it may not happen if commissioners continue to miss meetings. They said that, to have a quorum to set a tax rate, they must have four commissioners present. This means that if the three Republicans show up to the meetings and the two Democrats don't, the budget could be affected.
Smith-Lawson, though, believes getting an answer on Wong's appointment is more important.
"Just the daily business of Fort Bend County government is not on the stable ground as it should is because the person who is the county judge is not in a clear legal position to operate," Smith-Lawson said.
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