The Politics of Craig Watkins Leads to Wasted Tax Dollars

Dallas County commissioners tap Tarrant judge as their new legal counsel

09:49 PM CDT on Tuesday, March 30, 2010

By KEVIN KRAUSE / The Dallas Morning News

kkrause@dallasnews.com

Dallas County commissioners hired a Tarrant County civil district judge Tuesday to be their new legal adviser.

Judge Bob McGrath of the 342nd District Court is scheduled to start working for the commissioners on May 3. McGrath, a Republican , will submit his resignation from the bench to the governor's office. He has about 2 ½ years remaining on his term.

McGrath, 58, has been on the bench since 1993. He said it was time for a different challenge.

"I'm ready for something new. I think I have about 15 more good years in me," he said.

"I'm too young to be put out to pasture."

The Commissioners Court voted 4-1 to hire him, with Commissioner Kenneth Mayfield dissenting.

His annual salary will be $139,971. He earns $140,000 as a judge, according to the Tarrant County auditor.

The commissioners decided to hire their own legal adviser after expressing dissatisfaction with District Attorney Craig Watkins and his civil division.

Mayfield, County Judge Jim Foster and Commissioner Maurine Dickey have said they can't get objective advice from Bob Schell, chief of the DA's civil division, because he reports to Watkins, not to them.

In several instances, Watkins has taken legal positions that conflicted with their wishes. The commissioners said Schell can't serve two masters.

Watkins has said that his duty is to correctly interpret the law and that he is accountable to the people, not the commissioners. He has said the commissioners won't get sound legal advice by hiring a "yes man."

Watkins declined to comment on McGrath's appointment.

McGrath will work with Schell and the DA's other civil lawyers on certain cases. The job description says McGrath cannot perform civil work that the DA is legally required to handle without Watkins' consent.

McGrath said he has already spoken with Watkins and hopes to have a good working relationship with the DA's lawyers.

The county received more than 40 applications for the job. The list was narrowed to six finalists, three of whom interviewed with commissioners, said Darryl Brown, the Commissioners Court administrator.

Mayfield said he didn't like McGrath's responses to his questions and doesn't think he has "the experience or temperament" for the job. Mayfield said he wasn't happy with any of the finalists.

McGrath said he has been practicing law for more than 35 years. During his 17 years on the bench, he has ruled on controversies between the Tarrant County sheriff and commissioners.

The Massachusetts native also has worked as an Arlington assistant city attorney and an insurance company lawyer.