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Why interim Fort Bend Co. Judge remains in power
A Fort Bend County commissioner is calling for interim County Judge Daniel Wong to step down from the position. FOX 26's Greg Groogan explains how he got the position in the first place, and why our legal expert says his time in the chair isn't over yet.
FORT BEND COUNTY, Texas - A battle is underway in Fort Bend County to remove Interim County Judge Daniel Wong from his appointed post as chief executive.
The backstory:
The effort to remove Wong from his post appears to have been led by Fort Bend County Commissioner Dexter McCoy who told media outlets that Wong was no longer "legally the county judge."
Wong was appointed as the result of a court ruling which found Judge K.P. George had violated the first amendment rights of a woman who was barred from speaking at a public meeting of Fort Bend County Commissioner's Court.
That plaintiff, Sarah Roberts, has since dropped her first amendment case, prompting McCoy, who is running for county judge as a Democrat, to claim that Wong's interim appointment should be terminated, a position reportedly supported by fellow Democratic Commissioner Grady Prestage.
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What they're saying:
"Not so fast," says FOX 26 Legal Analyst Chris Tritico. If Wong's appointment was a final judgment, it remains valid until the court says it’s not.
"The judgment placing Wong in office is final, and so we no longer need this litigation on the books. That’s all that happened. So, it is inaccurate to say that the dismissal renders the judgment void. It did not. They just took the lawsuit off the books because it is no longer necessary."
"So, for all intents and purposes, based on what you know right here, Wong will be the interim County Judge until one is selected in November and takes office in January?" FOX 26 Political Reporter Greg Groogan asked.
"That's correct, and to me, what’s happening today, is the Democratic opponent trying to get some leverage off the dismissal of this to get his name back out there and create some doubt about what happened, and some doubt about his appointment, so he can get something going on in the election."
On Wednesday afternoon, Fort Bend County Attorney Bridgette Smith-Lawson, also a Democrat, piled in issuing an "opinion" also claiming Judge Wong no longer possesses the legal authority to act as county judge unless the court issues a new order confirming the first.
What's next:
This could escalate into quite a ruckus if not resolved before the Fort Bend County Commissioner’s Court reconvenes on Thursday.
The Source: FOX 26 Legal Analyst Chris Tritico