County calls special meeting to hire outside lawyers over Paces’ threatened challenge to Walther

Kerr County is preparing to hire outside lawyers to defend itself against a legal challenge that hasn’t been filed yet.

Commissioners’ Court will hold a special meeting at 9 a.m. Thursday, Oct. 22, to consider hiring the Austin law firm Bickerstaff Heath Delgado Acosta LLP. The firm would represent the county, the court, and county officials and employees in what the agenda calls “the current dispute and all actively threatened and/or future litigation claims” by Pct. 2 Commissioner Rich Paces.

The agenda says the claims relate to the candidacy of Paces’ opponent, independent Jeremy Walther. It names Paces as the source of the threatened litigation, both as a sitting commissioner and as the Republican candidate for re-election. The court has also posted a closed-door session to consult with the county attorney and potential outside counsel about “contemplated and threatened litigation against Kerr County.”

No lawsuit has been filed as of Oct. 16.

The dispute

Earlier this month, Walther received a draft petition and a demand letter prepared for Paces and the Republican Party of Kerr County by attorney James E. “Trey” Trainor III of Dhillon Law Group.

The draft argues that Walther’s vote in the May Republican primary runoff makes him ineligible under Section 162.015 of the Texas Election Code. It asks a judge to bar county officials from certifying Walther if he wins, leaving the seat to be filled by appointment of the county judge. County Judge Rob Kelly and County Clerk Nadene Alford are named as defendants in their official capacities.

Walther says the law doesn’t apply to him. The runoff he voted in did not include the Pct. 2 race, because Paces won the nomination outright in March. Walther has said he will fight any lawsuit.

Walther said party Chairwoman Helen Herd called him Oct. 10 and offered not to sue if he dropped out and took down his signs. He refused.

Paces on both sides of the table

The arrangement is unusual: Paces sits on the court that is deciding how to defend the county against his own threatened claims.

What’s next

Early voting begins Monday, Oct. 19, and runs through Oct. 30. Election Day is Nov. 3. Walther’s name will appear on the ballot no matter what happens, because the deadline to remove a candidate’s name passed in August.

Kelly does not appear on the November ballot. The League of Women Voters guide lists Pct. 1 Commissioner Tom Jones as unopposed for county judge. That means Jones, not Kelly, could be the official who fills any vacancy in the Pct. 2 seat after Jan. 1.

Disclosure: Walther owns Pint & Plow Brewing Co., which hosted The Lead Live for five years before the show moved to the Peterson Health Digital Studio in September. Walther’s campaign recently bought $700 in advertising in The Lead’s newsletters.