Daniel Wong asks court to confirm he is still interim Fort Bend County judge; county attorney responds
RICHMOND, Texas - Interim Fort Bend County Judge Daniel Wong is asking a court to reaffirm that he still legally holds his appointed post as the county's chief executive amid a dispute over whether he can remain in the position.
He filed a lawsuit against Fort Bend County Attorney Bridgette Smith-Lawson on Monday claiming she exceeded her authority by declaring his appointment had ended and directing county officials to treat the office as vacant.
The suit states, "…Plaintiff seeks declarations confirming that the district court's appointment remains legally effective, that the Texas Constitution independently requires the continuity of lawful government until a successor is duly qualified, and that the County Attorney acted without legal authority in attempting to terminate Judge Wong’s service in office and interfere with the orderly operation of Fort Bend County government."
Why was Wong appointed?
The backstory:
A judge suspended elected Fort Bend County Judge KP George from office as the result of a civil suit filed by a county resident. The woman claimed her First Amendment rights were infringed upon when George asked for her to be removed from Commissioners Court after she spoke critically of him.
The judge also appointed Wong—the Republican candidate for county judge in the upcoming November election– to the position.
Efforts to remove Wong from office
The other side:
The civil lawsuit was recently dropped and non-suited by the plaintiff as George remains wrapped up in a separate legal issue.
Smith-Lawson, an elected Democrat, subsequently issued an official notice declaring that because the underlying lawsuit had been dismissed, Wong’s temporary authority was instantly terminated.
Commissioner Dexter McCoy, who is the Democratic candidate for county judge in November, urged Wong to vacate the position.
In a statement to FOX 26 on Monday, the Fort Bend County Attorney's Office released a statement to Wong's lawsuit saying,
"This is a professional bullying tactic disguised in a lawsuit. I am exercising the duties of this office which is to inform the members of the court and employees of information that would create legal exposure which includes someone occupying an office without clear legal authority to do so. I have been doing this for several years now – this is my second term. The only change has been the partisan shift of the Commissioners Court to republican with the change of KP George’s party affiliation last spring. As a result of this change continuing to the present, the court majority shifted to attacking me and my office based on their political expediency. This can be confirmed by watching the videos of the Court proceedings via Fort Bend County Commissioners Court online beginning April 22, 2025, throughout the summer and continuing to the present. It has also included spending taxpayer dollars for unauthorized and unclear procurement of legal services to sidestep the 22 attorneys in my office. This is a consistent full-frontal attack on me and my office much of which has been inappropriate. The court has been hostile towards me since the partisan shift. This is objectively verifiable. I am not surprised at this lawsuit, but I am disappointed. Only the people of Fort Bend County and their tax dollars will suffer. My response is forthcoming and be assured the legal basis for this office in this instance is based in law and standing case precedent as always."
County Attorney files separate lawsuit
Fort Bend County Attorney Bridgette Smith-Lawson filed a legal action lawsuit on Monday stating, "Daniel Wong has no lawful right to serve as Fort Bend County Judge. Mr. Wong’s claim to that office rests solely on an April 10 court order issued in a civil removal case, and under Texas law, that order is void and cannot give him legal title to the office. Under Texas law, only the State, not a private individual, may maintain the kind of removal case that produced that April 10 order, and that case was later dismissed in its entirety. Once that case ended, any temporary authority tied to it ended as well, meaning there is no valid legal basis for Mr. Wong to continue holding himself out as County Judge. In this filing, brought in the name of the State of Texas, the County Attorney asks the court to declare that Mr. Wong has no legal right to hold or exercise the office of Fort Bend County Judge and to remove any claim that he does. The County Attorney seeks court orders to prevent further confusion, protect confidential attorney-client communications, and avoid legally questionable county contracts and records while the case is pending."
What they're saying:
"As Fort Bend County Attorney, I am acting squarely within my statutory duty to represent the State in District Court and to bring quo warranto proceedings when someone is alleged to be unlawfully holding a public office. This is an institutional responsibility assigned to my office by the Texas Constitution and Legislature; it is not a political or partisan decision. My obligation is to the law, to the institution of county government, and to the residents of Fort Bend County who expect their officials to serve under clear and lawful authority. Mr. Wong’s lawsuit against me is an effort to coerce, bully, and intimidate me from doing my duty as Fort Bend County Attorney."
The Source: The information in this article comes from a copy of the lawsuit and previous FOX 26 reporting.