What happened?
At a July 22 meeting, Fort Bend County commissioners tabled an item to authorize the court to hire legal counsel to assist with “carrying out its responsibilities that do not conflict with the authority of the Fort Bend County Attorney,” following Precinct 2 Commissioner Grady Prestage questioning the need for the extra counsel.
Officials are still reviewing potential firms, so no cost or funding source is available at this time, county officials said in an email.
“To ensure the Commissioners Court’s processes remain fair, transparent and unbiased, outside counsel is necessary,” county officials said in the email. “Utilizing a non-elected legal council helps promote confidence and integrity in the administrative matters of the court.”
A closer look
County officials said the legal counsel would be used for matters not carried out by the county attorney, who is responsible for representing the state, county and county officials in all civil matters, including health and safety and child protective services.
Additionally, the county attorney is responsible for representing the Fort Bend County Drainage District, according to the Texas Government Code. However, the county attorney has no powers in criminal matters, family law or juvenile matters.
What they're saying
Fort Bend County Judge KP George said the court’s lack of confidence in County Attorney Bridgette Smith-Lawson led to the need for outside legal counsel, with the counsel having a say in all non-civil matters. However, Smith-Lawson said commissioners court is a civil matter.
Meanwhile, Precinct 3 Commissioner Andy Meyers said he interpreted the item as giving the outside counsel power on a “case-by-case basis.”
“[It’s not] absolutely required by law that we actually follow the county attorney’s advice,” Meyers said. “We can take her advice—almost all the time we do—or we can reject her advice.”
Smith-Lawson said she viewed the item as a way to “illegally usurp the power of the county attorney,” citing Texas government code that gives the county attorney sole discretion in dividing her power.
“It is a clear attempt to take me out of any equation of legal advice,” she said. “So today, I am shocked at this new day and this new effort to take me out of position.”
