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Fort Bend commissioners court hires law firm to evaluate county attorney's authority | Houston Public Media

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  Published in Media and Entertainment on Wednesday, October 29th 2025 at 19:53 GMT by Houston Public Media
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Who’s been hired?

In a resolution adopted by the Commissioners Court, the county officially retained Sullivan & Hogg LLP, a Texas‑based firm with a long history of advising government entities on statutory interpretation, ethics compliance, and litigation strategy. Sullivan & Hogg’s engagement is expected to last approximately six months and will culminate in a written report presented to the Commissioners Court and filed with the Texas Attorney General’s office. The firm’s lead counsel on the project is senior partner David Sullivan, who previously served as counsel to the Texas Senate Committee on Government Regulation.

The decision to bring in a third‑party legal expert comes after a series of internal reviews revealed gaps in the county attorney’s formal charter and raised concerns that the current structure may not fully align with state statutory requirements. In particular, the Commissioners Court has been looking into the precise delineation of the county attorney’s duties versus those of other legal officers, such as the county treasurer’s legal counsel and the county clerk’s office.

What will the review cover?

Sullivan & Hogg will conduct a comprehensive audit of the county attorney’s responsibilities under Chapter 171 of the Texas Local Government Code, including:

1. Representation of the county in civil litigation – Assessing whether the attorney’s representation in lawsuits filed by or against the county is consistent with statutory mandates and county policy.
2. Criminal counsel for the county – Reviewing the scope of the attorney’s duties as the county’s primary counsel in criminal proceedings, particularly regarding any conflicts that arise when the county is both plaintiff and defendant.
3. Advisory services to elected officials – Examining the boundaries of the attorney’s advisory role to the Commissioners Court, county judges, and other elected officials, and how these interactions comply with Texas ethics laws.
4. Coordination with the Texas Attorney General’s office – Evaluating the frequency and nature of joint representation or coordination between the county attorneys and the state attorney general’s office, especially in matters that cross county lines or involve state agencies.
5. Internal controls and oversight – Reviewing the county’s internal controls, including conflict‑of‑interest policies, the use of outside counsel, and the procedures for filing and filing of legal opinions.

The firm will also gather input from a variety of stakeholders, including county staff, elected officials, and members of the public who have previously voiced concerns about the county attorney’s role. The Commissioners Court has requested that Sullivan & Hogg’s report provide actionable recommendations for tightening the office’s compliance with Texas law and clarifying the attorney’s scope of authority.

Background: A series of legal headaches

The move comes on the heels of two high‑profile incidents that prompted the Commissioners Court to take a closer look at the county attorney’s office. First, in early 2023, a former county attorney was sued for alleged professional misconduct related to the handling of a city‑wide lawsuit over the county’s zoning ordinance. Second, a recent audit by the Texas Comptroller’s Office flagged potential conflicts of interest in the county attorney’s representation of the county’s real‑estate development projects. Both incidents highlighted ambiguities in the county attorney’s job description and raised questions about whether the office was adequately staffed to manage the county’s growing legal workload.

In a statement following the hiring decision, County Judge Sarah Martinez noted that “the public deserves clarity on who is legally representing the county and how that representation is governed. Bringing in Sullivan & Hogg will give us an objective, expert assessment that we can use to strengthen our legal operations and safeguard the integrity of county governance.”

Expected outcomes and impact

The Commissioners Court expects the final report to identify any statutory gaps in the county attorney’s charter and to propose amendments to the county’s governing documents that will bring the office fully into compliance with Texas law. In addition, the report may recommend changes to the county’s internal procedures for conflict‑of‑interest checks, the use of outside counsel, and the mechanisms by which the attorney’s services are billed and approved by the Commissioners Court.

A key deliverable will be a set of recommendations aimed at improving transparency. For instance, the report may suggest establishing a public docket that lists all cases the county attorney’s office is currently handling, as well as a clear policy that delineates the circumstances under which the county attorney may be involved in both prosecution and defense roles in the same case—a situation that can arise when the county is a party in a criminal investigation involving its own employees.

The Commissioners Court has also indicated that the review’s findings will inform future budget decisions for the county attorney’s office. As the county’s population continues to grow—Fort Bend’s residents rose by nearly 4 % over the last decade—the demand for legal services, especially in areas such as land‑use planning, environmental compliance, and public‑private partnerships, is expected to increase. A clearer framework for the county attorney’s authority will help the county better allocate resources, hire additional staff where necessary, and ensure that legal services are delivered efficiently and ethically.

Where to find more information

For those interested in following the progress of the review, the Commissioners Court will hold quarterly public briefings that will be streamed on the county’s website. The public will also receive the final report via a dedicated portal that will be accessible through the county’s official site. If you would like to view the full resolution that authorized the hiring of Sullivan & Hogg LLP, it is available on the county’s official website under the “Meeting Minutes” section for October 2025.

In the meantime, residents and stakeholders are encouraged to submit comments or questions to the Commissioners Court’s public information office by the end of the next month. The court’s commitment to transparency in this matter underscores its broader effort to modernize county governance and reinforce public trust in Fort Bend’s legal institutions.