Chad Baruch Wins Appeal for Dallas County Officials in Budget Dispute

DALLAS--(BUSINESS WIRE)--The Texas 5th Court of Appeals has ruled in favor of the Dallas County Commissioners Court in a lawsuit brought by the Dallas County Juvenile Board that challenged commissioners’ control of the county budget.

“This ruling sets an important precedent for local governance,” said Johnston Tobey Baruch managing shareholder Chad Baruch, who represented Dallas County Judge Clay Jenkins and Commissioners Dr. Elba Garcia and Andy Sommerman in the appeal. “The decision allows for the Dallas County Commissioners Court to retain its authority over budgetary decisions in accordance with Texas law.”

The case arose from the Commissioners Court’s request for treatment records related to juvenile detainees following allegations that children were being confined in cells for up to 23 hours a day. Commissioners refused to approve the Juvenile Board’s budget and salary increases until the requested records were provided, prompting the Juvenile Board to file suit in state district court. The Commissioners Court filed a procedural motion challenging the district court’s jurisdiction to hear the case, which was denied, and appealed that decision to the 5^th Court of Appeals.

On appeal, Mr. Baruch argued that the Commissioners Court acted within its authority, emphasizing that the lower court’s ruling improperly considered political motives outside its jurisdiction. The Court of Appeals dismissed claims that the Commissioners Court violated the Texas Open Meetings Act and rejected the Juvenile Board’s attempt to seek retroactive salary payments.

In addition, the ruling upheld the trial court’s dismissal of subsequent claims against Judge Jenkins and Commissioners Garcia and Sommerman.

The case is Dallas County Commissioners Court v. Dallas County Juvenile Board et al., Cause No. 05-24-00151-CV.

About Johnston Tobey Baruch

Johnston Tobey Baruch is a dynamic law practice based in Dallas. Its trial and appellate attorneys have a broad range of litigation, arbitration and appellate experience. They are pioneers in the handling of legal and accounting malpractice, investment fraud and business disputes. They also have an enviable track record with insurance bad faith matters, commercial litigation and fiduciary litigation, as well as civil, family and criminal appeals for many prominent Texas companies and individuals.