Nathaniel Moran, undated courtesy photo

1. Nathaniel Moran believes trust, transparency are key to leading the county as acting county judge

ROY MAYNARD, rmaynard@tylerpaper.com

Smith County Commissioners won’t meet Tuesday – there won’t be enough of them in town to form a quorum. But they’re making progress on naming an interim county judge after the suspension of County Judge Joel Baker over charges he violated the Texas Open Meetings Act.

In last week’s meeting, commissioners expressed their views on who would be the best candidate for the position, which – depending on the outcome of Baker’s indictment on three misdemeanor charges – could last through the 2018 election.

Commissioners said they’ll choose an interim county judge July 19. Baker was suspended June 21 by the Texas Commission on Judicial Conduct, which cited the charges against him.

The Tyler Paper can now confirm that among the top two candidates for the post is former Tyler City Council member Nathaniel Moran, as well as previously named retired 12th Court of Appeals Justice Sam Griffith.

Moran had asked commissioners not to disclose his name yet. He wanted to be able to tell his clients himself, he said.

Moran was first elected to the Tyler City Council in 2005 at the age of 30. He served until 2009. He’s a graduate of Whitehouse High School, Texas Tech University and the Texas Tech School of Law.

“I’ve been wrestling with this decision for a couple of weeks now, whether it’s the right thing for my family right now, and whether I could be of service,” Moran said on Monday. “Ultimately, I decided yes, it would be. So I am putting my name forward.”

He has not yet decided whether he would run for the position in 2018.

For his part, Griffith said he’s willing to come out of his busy retirement to serve out the term if he can help the county repair its credibility and effectiveness.

“We’re called to serve,” Griffith said. “Cincinnatus was called back from his small farm to help Rome. (In the film “She Wore A Yellow Ribbon”) Nathan Brittle was called back to lead the cavalry. I’m willing to serve if I am needed.”

There’s no concept of retirement in the biblical stories of the patriarchs and leaders, he said.

“When I left the court, I told the guys I thought there was another role out there for me,” Griffith said. “This could be it. But if they find someone else they feel would be more suited, I’m totally in support of that, too. I’m happy writing my books. But if I need to put that aside for a time and serve, I will do that.”

A third name put forward is former Smith County Commissioner David Stein. Although other names have been mentioned, these three are the ones commissioners said last week are their top candidates.

 

INTERIM COUNTY JUDGE

The reason there’s such a pressing need for an interim county judge is some duties can only be performed by that office.

The Local Government Code, for example, says clearly, “the county judge, assisted by the county auditor or county clerk, shall prepare a budget to cover all proposed expenditures of the county government for the succeeding fiscal year.”

While Smith County Commissioners are continuing that budget process, the statute goes on to say, “When the county judge has completed the preparation of the budget, the judge shall file a copy of the proposed budget with the county clerk.”

There’s no provision in the law for commissioners to do that task. And time is running out. According to the FY17 Budget Calendar, the final budget workshop is slated to take place July 19. The county judge (or interim) is scheduled to file the proposed budget with the county clerk July 29.

The first public hearing on the proposed budget is 5:30 p.m. Aug. 16.

Also, disaster declarations must be signed by county judges, commissioners said.

The executive director of the Texas Association of Counties said such an appointment happens four to five times per year in Texas’ 254 counties.

“But the appointment of an interim county judge is usually occasioned by a death or disability,” TAC’s Gene Terry said. “An appointment because of a suspension is rare.”

It’s also temporary, Terry said.

“What you have there is not a true vacancy,” he said. “Any appointment would be temporary, pending the resolution of those charges and that suspension. So let’s say, for the sake of argument, that the complaints against Judge Baker were dismissed. He’s still the county judge and would be until the next election.”

State law says an interim county judge appointment is good until the next election cycle – in this case, because of the timing, that means the 2018 general election, which is the normal county judge election cycle.

Terry, TAC’s executive director, was appointed Marion County judge when his predecessor died in an accident. That was in an off-year election cycle, so he had to run for the seat two years after the appointment then again two years later for the next unexpired term.

“In Texas, no interim county judge appointment is going to be for longer than two years,” he said.

He also said once commissioners make their appointment, the interim county judge will, for all intents and purposes, be a county judge.

“By that, I mean he’s not an employee of theirs, and they can’t remove him the same way they appointed him,” Terry said. “He’s just like an elected official. He’ll have to post a bond and take the oath of office.”

Commissioners will meet to discuss the issue at 9:30 a.m. July 19 in the Smith County Courthouse Annex.

Twitter: @tmt_roy