October 11, 2002, 15:51
danleedysuing Commissioners Court
We are suing Commissioners Court over a budget issue. Comm. Court has filed a motion to recuse our office from appearing as attorney due to conflict of interest. Any thoughts? If we are removed, do you have an attorney in mind who can represent us?
October 14, 2002, 08:48
Scott BrumleyCommissioners can be such a cantakerous lot when you question their behavior (much like their judicial cousins). As to the merits of a disqualification motion, you'll have to refer to the statute which creates your office and invests it with duties. The general rule, flowing from Hill County Farms v. Hill County, is that prosecutors' offices have no obligation to represent the county or the commissioners court in civil litigation. Some offices, however, are statutorily required to do so, while others (like us) contract with the commissioners court to serve that function. If your office is disqualified, you should look for a firm that engages in a heavy governmental law practice. Either way, it is an ugly fray you are about to enter. I wish you luck.
October 16, 2002, 11:12
Trey MaffettI am working on a suit with Kevin Cole in Austin 1-888-415-0003. He is very good.
I also recommend Ginger Young in Tyler 903-534-8063. They are a little far but will travel.