Fort Bend commissioners cut three associate judge positions, create separate legal department over county attorney's objection

RICHMOND, Texas — Fort Bend County Commissioners Court voted 3-0 Thursday to phase out funding for three of the county’s associate judge positions by year’s end and to strip the elected county attorney’s office of its civil advisory functions by creating a new legal department that reports directly to the court, over strenuous objections from sitting judges, attorneys and County Attorney Bridgette Smith Lawson.

The votes came after roughly two and a half hours of public comment during which more than 20 speakers — including five sitting district and associate judges — urged the court to reject both measures, warning of case backlogs, delayed protective orders and harm to families. Only a handful of speakers voiced support, framing the changes as fiscal discipline and a needed narrowing of the county attorney’s role to her statutory litigation duties.

On agenda item 30A, the court voted 3-0 to fund five associate judge positions for fiscal year 2027 while continuing funding for three additional associate judge positions only through Dec. 31, 2026, after which that funding will terminate. County Judge Daniel Wong presided, with two commissioners — Vincent Morales and Andy Meyers — joining him in approval. Commissioners for Precinct 2 and Precinct 4 did not appear to be present for the vote; multiple public speakers referenced their absence and criticized it as a failure of representation.

On agenda item 30B, the court likewise voted 3-0 to establish a “legal department civil division” as a separate county department under the “authority and direction” of Commissioners Court, effective Oct. 1, 2026. The motion, made by a commissioner identified in the transcript only as “Speaker 1,” transfers attorney and support-staff positions, salaries, benefits and equipment from the county attorney’s budget into the new department without interruption to employment or benefits. The department will be led by an attorney or designee reporting directly to Commissioners Court and is intended to operate “so as not to conflict” with the county attorney’s authority under Texas Government Code Section 45.179, which the court interpreted as limiting the elected county attorney’s statutory role to litigation in judicial courts.

Before the vote, Smith Lawson formally objected for the record, saying she had not received advance notice of the proposal beyond what was made public on the agenda, had gotten no response to emailed requests for clarification, and had been given no data or rationale for altering an office she said is 37 years old. “No one has explained to me the justification of this,” she told the court.

Both items drew fierce pushback from the judiciary. Judge Monica Rollins of the 328th District Court, Judge Maggie Jaramillo of the 458th District Court, and associate judges Sudip Patel, Felicia Young, Khalee Morgan and Surendran Patel all testified that eliminating three associate judge positions would shift heavy caseloads onto already-burdened district judges, delay protective orders and family violence cases, and undermine a state judicial performance report that they said currently grades Fort Bend’s courts “A-plus” for case clearance. Judge Jaramillo argued the cuts could run afoul of Texas Government Code Chapter 54A and Local Government Code Section 151.004, calling the move a potential separation-of-powers violation. Associate Judge Patel disputed that a 2023-24 state workload study justified cuts, saying the Office of Court Administration told him in writing that current reporting “may not represent true, accurate, or transparent numbers.”

Attorneys practicing in county courts, including family lawyers Caitlin Thorpe, Rocky Pilgrim, Marquette Green Scott and Scott West, echoed those concerns, arguing that removing associate judges would slow resolution of foreclosure, custody, protective-order and injury cases. Several members of the county attorney’s general counsel staff, led by Lanitra Larry, told the court that moving civil legal work outside the elected county attorney’s office would create ethical conflicts under Texas disciplinary rules by making attorneys answerable to a non-lawyer body.

A smaller number of speakers, including retired engineer Doug White, Greg Barnes and attorney David Verchak, spoke in favor of 30B, arguing that separating non-litigation civil advice from the county attorney’s litigation duties mirrors practices in other Texas counties and would let the county attorney focus on her core statutory role.

Judge Wong opened the meeting with a statement defending the court’s obligation to “make decisions” despite controversy, saying the court should not avoid difficult or divisive issues. Numerous speakers, including Anna Lakutis and Terri Webster, challenged the legitimacy of the court’s quorum and accused the court of racial and political retaliation against Smith Lawson, the county’s first Black female county attorney, particularly given that the meeting also included a proclamation honoring Prairie View A&M University’s 150th anniversary.

Earlier in the meeting, the court approved a burn ban prohibiting outdoor burning countywide effective 5 p.m. Thursday, citing a severe drought reading of 634 on the Keetch-Byram Drought Index, per a recommendation from the fire marshal’s office.

Also at this meeting:

• The court unanimously approved renaming the county’s Emergency Operations Center after former County Judge Robert E. “Bob” Hebert, adding “Bob” to the facility name pending confirmation from the Hebert family.
• Consent agenda items 6 through 19, public hearing items 5A-5E, and numerous department items (engineering, human resources, parks and recreation, purchasing, tax assessor, risk management) were approved on 3-0 votes with minimal discussion.
• The Sheriff’s Office withdrew agenda item 35A prior to a vote; item 35B was approved 3-0.
• The court approved combined bills and disbursements totaling roughly $24.87 million in time-sensitive items and $7.83 million in routine bills.
• A workshop presentation from the Houston-Galveston Area Council on the performance of the Triple R Small Business Loan Program was underway as the meeting extended into the afternoon.