A visiting judge on Monday, Aug. 10, denied motions to undo the court order that installed Daniel Wong as Fort Bend County judge, and Wong filed a formal response asking a separate lawsuit challenging his authority be dismissed. The twin legal developments leave Wong in office with a Sept. 10 tax-rate vote approaching that requires a quorum two Democratic commissioners have refused to provide.
Visiting Judge Jeth Jones signed an order denying two motions filed by Sarah Roberts: her Motion to Clarify and Enforce Order of Nonsuit and her Motion to Modify the Judgment, according to Covering Katy News. Both were denied in their entirety. Jones did not remove Wong or vacate the April 10 order under which Wong assumed office. (Covering Katy's publisher has disclosed employment by Fort Bend County Precinct 3; the outlet states it operates independently.)
Also on Aug. 10, Wong's legal team at Austin-based Stone Hilton PLLC, led by attorney Christopher D. Hilton, filed Wong's Original Answer to the quo warranto lawsuit brought by Fort Bend County Attorney Bridgette Smith-Lawson. The filing asks the court to dismiss the case.
"The State frivolously asks this Court to add words the Legislature did not write," Wong's attorneys wrote, arguing state law does not require a prosecutor to be appointed before a judge could suspend former County Judge KP George and appoint Wong.
Wong's lawyers also invoked the Texas Constitution's holdover provision, arguing no qualified successor exists and that Wong must remain in office until one does. They challenged Smith-Lawson's authority to prosecute the case, contending her office participated in the process that installed Wong and cannot now seek his removal.
No court has ruled on those arguments.
What's at stake for Katy and Fulshear
The quorum standoff has paralyzed major county business. Democratic Commissioners Dexter McCoy and Grady Prestage have declined to attend Commissioners Court meetings with Wong presiding, denying the four-member quorum Texas law requires to set a tax rate.
Fort Bend County's proposed $792 million budget assumes the county and drainage tax rate stays at 42.2 cents per $100 of taxable value. If no quorum materializes for the Sept. 10 vote, the county would lose about $21 million in projected revenue and face up to five years of recovery, Fort Bend County Auditor Ed Sturdivant warned during an Aug. 5 budget workshop, as reported by the Houston Chronicle.
A proposed 3% cost-of-living raise for county employees, funded by a $10.4 million budget placeholder, would also be eliminated. The county has already advanced about $70 million from its general fund to keep road projects moving and about $5 million more for park projects while awaiting bond financing; those bond transactions would be delayed past the Nov. 3 election without a quorum.
As we reported Aug. 5, the county attorney's own chief litigator, Kevin T. Hedges, conceded in court that Wong "is entitled to exercise the powers of the county judge" while the dispute remains unresolved.
What comes next
Judge Edward Krenek has placed the quo warranto case on an expedited schedule: discovery responses are due Aug. 28, a hearing on dispositive motions is set for Oct. 16, and if unresolved, trial begins Nov. 10. Wong has also requested a jury trial if factual disputes remain.
Smith-Lawson and Commissioners McCoy and Prestage did not respond to the Aug. 10 developments in available public statements. McCoy, whose Precinct 2 does not include Katy or Fulshear, is the Democratic nominee running against Wong in the Nov. 3 election for Fort Bend County judge. Commissioner Vincent Morales, whose Precinct 1 includes Fulshear, and Precinct 3 Commissioner Andy Meyers are the two Republicans who have continued attending meetings.
