Foster and his allies on the Commissioners Court are seeking a way to respond to the results of an investigative report released last week that accused Cortes of bribery and other misdeeds.
"Based on this report alone, I believe this is enough information to proceed with a removal petition," Foster said. "How much more information do you need?"
A spokeswoman for Watkins said Friday that it would be irresponsible to comment on something that may or may not occur.
.... Coincidentally, Cortes' attorney, Lawrence Friedman, said his client is planning to file a removal petition against Foster this week on the grounds that he ordered an illegal investigation of Cortes.
"You can't take the law into your own hands. You can't be a vigilante," Friedman said about Foster. "He just decided he was Charles Bronson."
The removal petition process outlined in Texas' local government code is used to force out county officials for incompetence, official misconduct or drunkenness following a jury trial. Such a petition can be filed by any county resident.
When a removal petition is successful, it's usually filed in conjunction with a criminal case. However, petitions have succeeded across the state even when an official hasn't been convicted of any crime.
Foster and Commissioners Maurine Dickey and Kenneth Mayfield have found themselves increasingly frustrated by their limited power ? largely confined to budgetary controls ? over the activities of the county's five elected constables.
Much of their concern has focused on Cortes, the subject of last week's investigative report. In addition, one of Cortes' top lieutenants has been charged with numerous felonies as part of a continuing criminal investigation by Watkins.
... Danny Defenbaugh, a special investigator the commissioners hired last year, concluded in his report that Cortes' Precinct 5 office is rife with prolific and systemic corruption.
Cortes has not been charged with a crime and denies any wrongdoing, saying he's the victim of a political witch hunt.
Commissioner John Wiley Price, who opposed the county's special investigation, last week called it "$137,000 worth of hearsay." ....
Robert Bass, an Austin lawyer who has handled removal petitions, said a district judge must first determine whether there's enough evidence to go forward with the proceeding.
Even if a judge allows the case to go forward, the district attorney has the discretion whether or not to pursue it, Bass said.
... Foster and the commissioners said they are concerned about Cortes retaliating against Precinct 5 employees who may have cooperated in Defenbaugh's investigation.
... Such concerns have been raised during efforts to remove other public officials.
Authorities in Hockley County near Lubbock sought the removal of Sheriff David Kinney last summer after two of his subordinates were arrested on federal drug-related charges and allegations were leveled against other subordinates.
Hockley County Attorney Christopher Dennis said there were concerns that Kinney knew or should have known of the crimes. Kinney has not been charged with a crime and is fighting to keep his job. The removal trial is scheduled to begin next month.
Shortly after the petition was filed, a judge ordered Kinney's temporary suspension from office. Dennis said he was concerned about the possibility that sheriff's employees would face retaliation. The judge also ordered Kinney not to contact potential witnesses, he said. That order was lifted late last month.
... Dennis said pursuing the petition for removal came down to an issue of conscience.
"I have this much information, and it is disingenuous of me to leave him in office," he said.
