Judge Bays’ recusal leaves Commissioner Noack’s election contest against democrat in hands of democrat visiting judge

Senior District Judge John M. Delaney.

The Golden Hammer Staff Reports

Conroe, December 19 – After 284th District Court Judge Kristin Bays recused herself in Precinct 3 Montgomery County Commissioner James Noack’s election lawsuit against democrat Party Chairman Marc Meyer, Presiding Regional Judge Olen Underwood appointed Senior District Judge John M. Delaney, a democrat, to hear Noack’s lawsuit. Noack is complaining that his democrat electoral opponent failed to file her application to be on the November, 2020, General Election ballot timely.

Noack filed suit in the 284th District Court of Montgomery County on Monday, December 16, 2019. The gist of Noack’s lawsuit, in which he seeks a writ of mandamus and injunctive relief against democrat Chairman Meyer, alleges:

“[Noack’s democrat opponent Lore] Jones’s application for a place on the ballot was filed late—Meyer admitted as much in correspondence and subsequent press releases. Jones arrived at the MCDP [Montgomery County democrat Party] headquarters on December 9, with mere minutes to spare before the 6:00 p.m. filing deadline. Jones attempted to file with signatures on petitions she had circulated, but Meyer (due to concerns about the sufficiency of her petitions) advised her to instead pay a filing fee. Jones therefore decided to amend her application to pay to secure her place on the ballot instead, but did not do so until after 6:00 p.m.

“Meyer and the MCDP wrongfully accepted her late-filed application, and wrongfully ensured his vice-chair’s placement on the ballot. Such conduct is a violation of Texas law, and blatantly contradicts the MCDP’s self-proclaimed support for a “transparent and fair government” where “everyone plays by the same rules.”1

“Meyer’s and the MCDP’s failure to comply with the Texas Election Code’s mandatory duty to file a correct application before the filing deadline is fatally defective. Jones must be removed from the 2020 Montgomery County Democratic Party primary ballot for her violation of the Election Code.”

On Tuesday, December 17, however, Judge Bays recused herself from the case. As a result, Judge Underwood appointed Delaney, the former democrat District Judge of the 272nd District Court of Brazos County, in College Station, as the visiting judge. Judge​ ​Delaney​ ​is​ ​a​ ​5th​ ​generation​ ​Texan​ ​who​ ​has​ ​lived​ ​in​ ​Bryan,​ ​Texas since​ ​1973.​ ​He​ ​was​ ​educated​ ​at​ ​Princeton​ ​University​ ​and​ ​the​ ​University​ ​of Texas​ ​School​ ​of​ ​Law​ ​and​ ​served​ ​as​ ​a​ ​Navy​ ​officer​ ​on​ ​an​ ​amphibious​ ​ship during​ ​the​ ​Vietnam​ ​War​ ​era.

After​ ​leaving​ ​the​ ​Navy,​ ​Delaney​ ​completed​ ​law​ ​school​ ​and​ ​practiced​ ​law​ ​as​ ​a litigator​ ​before​ ​being​ ​appointed​ ​to​ ​the​ ​272nd​ ​District​ ​Court​ ​in​ ​Brazos County,​ ​where​ ​he​ ​served​ ​until​ ​retirement in 2000. Judge Delaney won election four times as a District Judge.

In an exclusive interview with The Golden Hammer, Noack told this newspaper, “I am seeking the removal of my opponent from the ballot for filing her application past the 6:00 p.m. deadline.” He explained he filed this lawsuit against Meyer rather than against his electoral opponent based upon the advice of his attorney.

Judge Delaney will hear Noack’s application for a temporary restraining order on Friday, December 20, 2019, at 10 a.m., in the Overflow Courtroom of the Montgomery County Courthouse.

Noack’s campaign spokesman Allen Blakemore explained:

“Commissioner Noack directed his legal team, from the firm of Husch Blackwell, to take legal action today [Monday].  This morning, Noack’s attorneys filed an Original Petition for Writ of Mandamus and Verified Application for Temporary Restraining Order and Temporary and Permanent Injunction against Democrat Party Chairman Marc Meyer.

“Marc Meyer violated the law in accepting Lore Jones’ filing after the deadline and has engaged in a coverup ever since.  Everyone knows the coverup is worse than the crime.

“The law is crystal clear and the facts are unassailable.  Meyer should have done the right thing, but blinded by his own partisan ambitions, he believes he and Jones are above the law and can recklessly pursue their own political agenda.

“Commissioner Noack’s attorneys are seeking expedited action in this case.”

 

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