On Tuesday, the Dallas County Commissioners Court approved a $250,000 budget to fund County Judge Clay Jenkins‘ lawsuit against Governor Greg Abbott over his executive order prohibiting local mask mandates.
“This has been before us, and has been before us for some time,” said Commissioner John Wiley Price after he and other Commissioners Theresa Daniel and Elba Garcia moved to approve the payment with a unanimous vote. “This is a difficult position that has come to us.”
Although Price voted in favor of the budget, he stressed that Judge Jenkins should have consulted with members of the court before filing a lawsuit against Abbott because those kinds of decisions should not be made alone.
Jenkins’ opponent echoed Price’s sentiments.
Lauren Davis, the Republican candidate for Dallas County Judge, told The Dallas Express, “Jenkins has no respect for the people of Dallas County. He sued the Governor in his own self-interest without approval of our elected Commissioners.”
As reported by The Dallas Express, Jenkins has had a longstanding conflict with Dallas County Commissioner J.J. Koch (R-District 2) over the County’s approach to the COVID-19 outbreak, notably its vaccine and mask policy.
Jenkins’ ejection of Commissioner Koch from a commissioner’s court hearing over a mask in August led to Koch suing Jenkins. In response, Jenkins then sued Abbott over the statewide ban on mask mandates, the basis for Koch’s suit against Jenkins.
Both Jenkins and Koch recused themselves from the vote to use general funds for Jenkins’ legal battle.
The legal fees are from the firm of Alexander Dubose Jefferson, who has been in charge of Jenkins’ appeals processes. Doug Alexander, the firm’s primary attorney on Jenkins’ case, said he is working pro bono, but the cost is for work done by others at the firm.
Price said he backed the payment because the court had previously voted to give Jenkins emergency pandemic-control powers. According to Price, the lawsuit filed was to defend that authority against the governor’s executive actions.
But county judge candidate Davis condemned Jenkins’ pandemic policies.
“Taxpayers are always paying the price for his failed leadership, and this $250,000 bill is another example,” said Davis. “While he shut my barbershops and other small businesses down, and burdened us with his mandates, his law firm remained open and raked in profits.”
Jenkins had intended to utilize donations for COVID-19 relief to pay his legal fees, but the commissioner’s court tabled the motion.
Davis commented that “With over $500,000 in campaign funds, I think he has more than enough money to pay his own bills.”
The lawsuit is currently ongoing before the Texas Supreme Court.
