The first trial date has been set for a Texas Open Meetings Act violation case against Montgomery County Judge Craig Doyal, Precinct 2 Commissioner Charlie Riley, Precinct 4 Commissioner Jim Clark and political consultant Marc Davenport. The public officials have been accused of negotiating details for the Montgomery County road bond election in November with each other and the Texas Patriots PAC via email in violation of the Texas Open Meetings Act. The act mandates that a quorum—or majority of elected officials of a governing body—must deliberate matters in a public meeting. A TOMA violation is considered a Class B misdemeanor. Judge Randy Clapp, of Wharton County's 329th District Court, established Nov. 7 as the case’s first trial date during the first hearing for the case on Friday. During the hearing, attorneys discussed dates and timelines for the trial, the release of testimony previously made to a Montgomery County grand jury and whether the defendants will be tried together or separately. “Today was our first appearance in court,” special prosecutor Chris Downey said. “This is an unusual case in that a lot of the evidence was gathered pursuant to a grand jury subpoena. Because of that, it is shrouded in grand jury secrecy. We sought the judge’s authority to release that evidence now to the various defendants.” Attorney Rusty Hardin said attorneys would discuss trial options among themselves, but that Clapp will ultimately decide if the defendants will be tried together or separately. Hardin represents Doyal on the case. “The issue for whether all of [the defendants] will be tried together or separately hasn’t been decided,” Hardin said. “The first stage is the lawyers will talk among themselves over the next few weeks and decide what they think. Regardless of what we think, the judge will make the ultimate decision.”