FortBendNow.com

A legal opinion endorsed by a prominent Austin lawyer says it’s up to the Fort Bend County Commissioners Court to appoint a replacement for Bud Childers, who resigned as county attorney to run for judge in County Court #1.

While the opinion concludes there is no legal deadline for making such an appointment, Precinct 3 Commissioner Andy Meyers says he believes commissioners should act quickly. Meyers said he’ll put the matter on the next commissioners court agenda.

In the meantime, it’s proper under provisions of Texas law for Childers to continue to serve in office until replaced by an appointee, according to the opinion. Further, it’s also appropriate under the law for First Assistant County Attorney Roy Cordes to “conduct the affairs of the office until a successor qualifies for office.”

Jim Allison, partner in Austin’s Allison Bass & Associates law firm, endorsed the opinion, written by Assistant County Attorney Randy Morse, in a letter Tuesday to Fort Bend County Judge Bob Hebert.

“The way it’s working right now is within the law,” Hebert said Thursday.

He noted that there are no Democratic candidates for county attorney, but there are three Republicans, which could result in a run-off, in which case “by April 15 the voters will have spoken.”

Hebert said he believes the only remaining issue not addressed by Morse’s opinion is that “there may be some desire to appoint a caretaker” for county attorney, “so there’s no issue with the primary.”

Meyers said some questions surrounding operation of the county attorney’s office remain unanswered. Among them:

→ Even though supported by legal statute, is it appropriate for Childers to continue to serve as an incumbent official when he’s running against other candidates for office?

“I just don’t feel comfortable about that, I guess,” Meyers said. “The incumbent, whether it’s the position he’s running for or not, has an advantage, and sometimes a big advantage.”

→ While it appears that legally, there’s no deadline by which to appoint a new county attorney, is there an ethical obligation to do so quickly?

“I believe there is a presumption that we would replace a person after a reasonable amount of time,” Meyers said. “But some of us are not wanting to do that. Taking the position that we’re not going to do anything at all is not a good-faith effort.”

→ Once an appointment is made, is it appropriate to appoint Cordes to the position when he is among three candidates running for the office?

“I can tell you no one on the court would appoint Roy,” Meyers said.

He added that he may suggest that commissioners court appoint Morse as county attorney until Jan. 1, 2007, when whomever wins the election would take over.

Meyers said he has not approached Morse about such an appointment and doesn’t know if he’d willingly accept it. Morse, who wrote the legal opinion has the most seniority among the assistant county attorneys, Meyers said.

“I’m trying to look for a resolution the other guys can live with,” Meyers said. “That way, we take Bud and Roy out of the equation.”

Hebert said there would have been “more pressure” on commissioners court to appoint someone to replace Childers if there would have been a Democratic candidate for office and, thus, a general election for the position in November.

“I don’t believe that pressure is on us right now,” he said. However, he added, “I understand Andy’s concern.”

Hebert said if we “gets the sense that there’s three” commissioners interested in making an appointment to replace Childers, “then I’ll certainly follow that instruction. I’m looking for guidance.”

While the opinion concludes there is no legal deadline for making such an appointment, Precinct 3 Commissioner Andy Meyers says he believes commissioners should act quickly. Meyers said he’ll put the matter on the next commissioners court agenda.

In the meantime, it’s proper under provisions of Texas law for Childers to continue to serve in office until replaced by an appointee, according to the opinion. Further, it’s also appropriate under the law for First Assistant County Attorney Roy Cordes to “conduct the affairs of the office until a successor qualifies for office.”

Jim Allison, partner in Austin’s Allison Bass & Associates law firm, endorsed the opinion, written by Assistant County Attorney Randy Morse, in a letter Tuesday to Fort Bend County Judge Bob Hebert.

However, Meyers said questions surrounding operation of the county attorney’s office remain unanswered.