Tarrant County commissioners approved a quarter million-dollar contract with a conservative law firm Tuesday to defend itself against a lawsuit over redistricting.
The vote was 3-2, Republicans versus Democrats. Republican commissioners led an unusual mid-decade redistricting process this spring, redrawing the commissioners court precinct maps to add another Republican-majority precinct. They openly said they wanted to give themselves a larger majority on the commissioners court.
Opponents to redistricting say Republicans created that extra conservative precinct by packing Democratic-leaning voters of color into a single district, diluting their voting power. The lawsuit, filed in June, accuses the county of unlawful racial gerrymandering.
The $250,000 legal agreement is with the Public Interest Legal Foundation (PILF), the same law firm Republican County Judge Tim O’Hare handpicked to lead the redistricting process.
“This is essentially hiring the arsonist to put out the fire,” Democratic Commissioner Alisa Simmons said.
She and her fellow Democratic commissioner, Roderick Miles Jr., voted against the contract. Miles criticized PILF for refusing to speak to the public or answer their questions at a series of public hearings about redistricting.
“Residents asked questions and received no answers. Commissioners sought clarity and were met with silence,” he said.
Simmons wondered whether hiring PILF could be a conflict of interest, if any of the foundation’s attorneys are called as witnesses in the lawsuit. Republican County Commissioner Manny Ramirez called that a valid concern and asked county attorney Mark Kratovil his opinion.
The Tarrant County District Attorney’s Office — which represents the county in legal matters — doesn't have a problem with the contract at this time, Kratovil said. Whether there’s a conflict of interest or not will come up as the lawsuit progresses, he said.
O’Hare, who brought the $250,000 contract to the agenda, said he would be stunned if a judge decided to recuse the firm.
Simmons asked whether the Tarrant County DA’s Office would be capable of defending the county in the lawsuit with the county’s existing staff attorneys.
“We are capable, yes,” Kratovil said.
Thirteen people showed up to speak about the contract at Tuesday’s meeting, all opposed.
“It is a waste of taxpayers’ money to spend $250,000 to defend this redistricting,” Linda Hanratty said.
PILF previously defended Galveston County in a racial gerrymandering lawsuit. A federal district court determined the county's 2021 map was racially discriminatory, but the 5th U.S. Circuit Court of Appeals threw out that decision and sent the case back.
The appeals judges ruled voters in different racial and ethnic groups — in this case, Black and Hispanic voters — can’t sue over racial gerrymandering as a coalition, a reversal of decades of precedent.
Tarrant County staff are updating county operations to reflect the map changes, County Administrator Chandler Merritt told commissioners Tuesday. They're working to make sure the county's website is updated with information about the new map and confirming the signage is up to date in county buildings, among other tasks.
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