Fort Bend County to create new legal department

Fort Bend County will see some shifts in how it receives legal advice.

In a nutshell

At an Aug. 27 meeting, Fort Bend County commissioners voted to create a new legal department—dubbed the Legal Department Civil Division—which will receive staff, resources and some responsibilities from the county attorney’s office.

Commissioners Dexter McCoy and Grady Prestage were not present at the meeting due to ongoing concerns with court leadership.

What’s new?

The new legal department does not eliminate the county attorney's office, but it transfers responsibilities, said Dennis Spellman, media relations and external engagement manager for Precinct 3.

Currently, the county attorney represents the county in civil suits and deals with transactions for projects and contracts. With the new department, the county attorney will still represent the county in civil suits, but it will no longer deal with the other transactional projects, he said.

Spellman said the idea of a new department came from the commissioners’ dissatisfaction with the amount of time some projects take to get out of the county attorney's office. He said every delay costs money, and the new department can speed up the process.

What it means

Brandon Rottinghaus, a political science professor at the University of Houston, said the new department can create conflict because it shifts responsibilities from an independently elected official, who works for voters, to a new department that works for the court. This can take some power away from voters, he said.

“This institutionalizes what began as a political dispute,” Rottinghaus said. “It's clear that there is a shift here based upon a lack of trust across these institutions.”

Rottinghaus said he has never seen another county make a separate legal department, but it can set a precedent for other counties having similar conflicts.

“More politics means more fights, and those fights can distract from the goals the county might have,” Rottinghaus said.

What they’re saying

In an Aug. 28 news release, Interim Judge Daniel Wong said the new department provides more accountability, predictability and timeliness in delivering legal services.

“Fort Bend County has too much important work ahead of us to allow political disagreements to interfere with basic county operations,” Wong said. “Today’s action puts the focus where it belongs ... on doing the people’s business efficiently, professionally and responsibly.”

However, LaNetra Lary, an attorney in the county attorney’s office, said during public comment that working for the new department can prevent her and other attorneys from giving true legal advice if they fear retaliation from the court. She said the team of attorneys works completely impartially, and she fears working for a court with a party affiliation will change that.

Meanwhile, during public comment resident Eduardo Lopez de Casas said he is glad to see the county doing something to run more efficiently.

“We need to do things more efficiently, and we are very tired of seeing what is happening here in our commissioners court,” Lopez de Casas said..

Looking ahead

The new department is set to be created in fiscal year 2026-27, which begins Oct. 1, per agenda documents.

Community Impact reached out to learn more about how the funding would be split between the county attorney's office and the new department but the information was not returned by press time.