FORT BEND COUNTY, Texas – A dispute over whether Daniel Wong can legally continue serving as Fort Bend County judge brought county business to a brief standstill Thursday after two commissioners walked out of a Commissioners Court meeting, leaving the court without enough members to proceed.
The standoff stems from an ongoing legal disagreement over Wong’s authority following the removal of former Fort Bend County Judge KP George earlier this month when he was sentenced for his money-laundering conviction.
Before the walkout, Commissioner Dexter McCoy urged commissioners questioning Wong’s authority to step aside temporarily so county business could continue.
“If you feel you have a legitimate claim, there is nothing that prevents you from returning in a subsequent meeting. But if holding this office and putting the people’s work at jeopardy is more important, that’s a challenge and that’s problem,” McCoy said.
McCoy continued, “Take a knee. Do the statesman thing here. And let us proceed with the business. And if you resolve this in a subsequent meeting, come back.”
McCoy warned that continuing with county business while questions remain about Wong’s authority could expose the county to legal challenges.
“We should not open ourselves up to a future where, because we are awarding contracts in today’s meeting, a contractor who did not win that contract now has a legitimate claim to void the action of this court or any other items on this agenda being voided because there are questions over whether or not those actions were legally taken,” McCoy said.
Commissioner Grady Prestage was heard saying he couldn’t participate in an illegal meeting, as he walked out.
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Commissioner Andy Meyers defended Wong’s authority to remain county judge, citing legal advice he said he received from multiple attorneys and pointing to the Texas Constitution’s holdover provision.
“I’ve consulted multiple knowledgeable attorneys who have advised me that, in their opinion, Judge Daniel Wong remains the Fort Bend County judge under the Texas Constitution’s holdover provision because no successor has been sworn into office to replace him,” Meyers said.
Meyers said he could not participate in a meeting led by anyone other than Wong.
“If I were to participate in this Commissioner’s Court proceedings with either one of the other commissioners that is the acting presiding officer instead of the county judge, I believe I would be acquiescing in what I believe to be a violation of Texas law and accordingly I cannot and will not participate in such a proceeding,” Meyers said.
Fort Bend County Attorney Bridgette Smith-Lawson disagreed with Meyers’ interpretation, arguing that Wong’s appointment does not fall under the constitutional holdover provision.
“So out of an abundance of caution, we would prefer that the court proceed without Mr. Wong unless and until he gets a court order that gives him the legal authority to preside and to hold the seat,” Smith-Lawson told commissioners.
“He is not a holdover,” Smith-Lawson said. “Holdovers apply to positions that are elected and appointed to a legal vacancy. Mr. Wong was appointed again under 87.017, allowing for a temporary suspension and an appointment pending trial. There is no trial. It is over.”
Smith-Lawson acknowledged the unusual nature of the dispute and said there appears to be little legal precedent to guide the county.
“And let me be very clear, this is novel for the state of Texas,” she said. “We have found no precedent on point regarding this to anyone. I am just doing the business of the county because if we get it wrong, everything that we do could be challenged by any interested person per the government code.”
The disagreement comes one day after Smith-Lawson publicly stated that Wong no longer has authority to serve as interim county judge, a position Wong has strongly rejected.
Earlier Thursday, Wong announced he would preside over commissioners’ court because under his, and his attorney’s understanding, he remains in charge of Fort Bend County.
“Public office has never been about titles. It has never been about personalities. It certainly should never be about political theater,” Wong said during a press conference.
RELATED: Daniel Wong pushes back against claims he no longer has authority as Fort Bend County judge
As county leaders remain divided over who has the legal authority to preside over Commissioners Court, the dispute has created uncertainty over the county’s ability to approve contracts, conduct official business and oversee day-to-day government operations until a permanent successor is selected.