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10/01/2023

© Michael Wyke, AP

On Friday, five people filed a petition with a Harris County district court to remove Judge Lina Hidalgo from her elected position, according to a report by The Texan’s Holly Hansen. The lawsuit came just a few days before her scheduled return to office after seeking treatment for clinical depression at an out-of-state facility.

“I filed because Hidalgo abandoned her office in gross carelessness in discharging her duties,” Dave Wilson, one of the plaintiffs, told The Texan. Wilson, a Houston Community College board trustee, is joined by Thomas Thrash, Thomas Bazan, Milinda Morris and Tommy Slocum Jr. in his lawsuit. 

Per court documents obtained by The Texan, they argued that Hidalgo missed six Harris County Commissioners Court meetings and that her “absence from public office has prevented her and continues to prevent her from the lawful discharge of her duties as Harris County Judge.”

Hidalgo, who announced her temporary leave in August, is set to return to work on Monday. Before she left, Hidalgo stated that although she would not be presiding over the court, she would remain available to her staff and in emergencies. Precinct 1 Commissioner Rodney Ellis was tapped to fill the gap in her absence. In a statement on Friday, Ellis decried the petition as an attempt to undermine the will of voters. He told the Houston Chronicle, “These are not serious people and should be treated accordingly.

This is not the first time that someone has sought to remove Hidalgo from office. As a result of winning re-election in November 2022, the Harris County Democrat was sued by her Republican challenger Alex Mealer, who lost the campaign by 18,000 votes. Mealer has since dropped her lawsuit.

Although Hidalgo has not responded to the latest petition against her, Brandon Marshall, spokesperson for the Harris County Judge’s Office, told Houston Chronicle reporters that the petition is “meritless and an absolute joke.” He pointed out that it contained multiple typos. Court documents indeed show Hidalgo is repeatedly misspelled as “Hildalgo” and that the petition is addressed to the “JUUDG” of the 164th judicial district court. For one petitioner, it listed a “Katey” address instead of Katy. According to The Texan, the plaintiffs also cited the wrong government code when arguing for her removal.

“Judge Hidalgo is looking forward to returning to the office on Monday,” Marshall said.

Harris County Attorney Christian Menefee added that he is not yet involved in the lawsuit, per Houston Chronicle reporters. “I’ve been made aware of this lawsuit. By law, the case is not active until a judge reviews the allegations and decides whether to issue a citation. Only then would my office be involved. As far as I’m aware, that has not happened,” Menefee said.

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