Fort Bend County attorney takes commissioners to court over a potential new legal department

RICHMOND, Texas (KTRK) -- After calling an upcoming agenda item "political retribution," the Fort Bend County attorney is taking four commissioners to court.

Although she was elected twice, Fort Bend County Attorney Bridgette Smith-Lawson is bracing for big changes. Not a fear of losing an election, but she said a new county legal department could impact her office.

On Thursday, commissioners will discuss the idea. If created, Smith-Lawson said her budget and staff would be slashed.

She calls it political retribution after suing interim Daniel Wong to have him removed from office, following the case that appointed him being dropped. The county judge's office insists it's not.

"It does seem suspicious in that there isn't a movement across the state, nor was there even movement six months ago in Fort Bend County," Rice University political science professor Mark Jones said.

Ahead of the vote, Smith-Lawson is taking each commissioner to court. The petition, which was filed this week, states, "Once the vote passes, the damage is immediate: the Office loses its lawyers, its files, and its ability to represent the County and its officials in the very matters those lawyers are already handling."

A case that commissioners say could be costly. Commissioner Andy Meyers said in a statement:

"Taxpayer dollars are funding the County Attorney's legal action against her own client, and because she is taking legal action against Commissioners Court, we obviously cannot ask her office to defend us from that action. We must hire independent outside counsel, and taxpayers will have to pay for that as well."

ABC13 reached out to Smith-Lawson and the other commissioners, but did not hear back. Jones said this is about more than money.

"It's a major distraction," Jones explained. "It's detracting from actual governance."

If approved, the majority of the county attorney's staff will be moved under the direction of commissioners court. Experts said not only would it be unusual, but it could impact checks and balances.

"Whatever the commissioners court says is likely to be given to them by this dependent legal department," Jones said. "The members of which owe their jobs as well as their continued employment to the majority on commissioners court."

A temporary injunction hearing on this is scheduled for Wednesday afternoon. If no decision is made, the item is on Thursday's commissioners court agenda.

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