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Commissioners vote to pay $12,090 legal invoice in Corley v. Muir despite DA advice to wait
Summary
After extensive debate and a recusal, the court voted to pay Invoice #701 ($12,090.25) to the law office of Benjamin Garcia related to litigation over a commissioner’s seat; the county attorney advised waiting for appellate and trial developments, but a majority approved interim payment from contingency funds.
The Lubbock County Commissioners Court voted Jan. 27 to pay Invoice #701 for $12,090.25 to the law office of Benjamin Garcia in litigation tied to a contested commissioner’s seat. The decision followed hours of legal briefing, procedural questions and debate over whether the payment was premature while appeals and a trial remain pending.
County legal counsel (Mr. Burke) advised the court that payment could be premature given unresolved appellate questions and a trial scheduled in April; he said statutory authority and constitutional considerations counsel patience. “It is premature at this point based on the plain reading of the payment statutes,” Mr. Burke told the court.
Several commissioners argued for interim payment from contingency funds, with the understanding that the judge’s bond or later court orders might reimburse the county. A motion to pay the invoice from contingency funds until a final resolution — with parties to seek reimbursement where appropriate — carried after a roll call. The motion was recorded as carried with three votes in favor, one nay and one commissioner recused (Commissioner Corley recused himself from the vote).
Context: The invoice relates to legal services provided during litigation over the status of a commissioner’s seat (Corley v. Muir). The court discussed whether prior contacts and the fact pattern left the county obligated to pay legal fees now or whether payment should await final court rulings. County Auditor Kathy Williams raised questions about a GoFundMe campaign that had been set up to raise funds for the legal defense; county staff noted she had identified approximately $400 in donations at an earlier checkpoint but advised the court to determine whether funds had been disbursed to counsel.
Ethics and recusal: Because the invoice concerns litigation involving a sitting commissioner, county counsel advised that the affected commissioner should recuse himself, and Commissioner Corley recused from the vote. Judge Parrish, citing the district attorney’s office advice and statutory practice, stated he would vote against paying at this time.
Vote: The court recorded the final tally as three ayes, one no (Judge Parrish) and one recusal (Commissioner Corley); motion carried and the invoice will be paid from contingency funds.
Next steps: County staff will note the payment, follow up on any available fundraising receipts (GoFundMe) and pursue reimbursement avenues (judge’s bond or other remedies) if legally available.
