Proper protocol comes into question when Tarrant judge fills temporary justice opening
When Justice of the Peace Kenneth Sanders was hospitalized unexpectedly at the end of July with complications from kidney disease, he gave Tarrant County a call to make administration aware.
Sanders, a Democrat, recommended Vicki Gray to fill his place while he was gone. Gray is a retired justice who Sanders said had a good rapport with his staff and was going to take over for him when he was supposed to be on vacation that next week.
County Judge Tim O’Hare instead brought in Republican Matt Hayes, who has lost two bids against Sanders to represent Precinct 7 as a justice of the peace. Precinct 7 covers southeast Tarrant County.
The Democrats and Sanders are calling it a political power move, and Sanders is questioning what the proper protocol should be.
Hayes most recently ran against Sanders for the justice of the peace in November. Sanders, a Democrat, took 53.47% of the vote.
Hayes publicly supported O’Hare as he ran for county judge. Photos on Facebook show Hayes block walking with O’Hare ahead of the November election, and photos also show Hayes at a campaign kickoff event for O’Hare.
In the past it was common for justices to recommend a temporary replacement when they had to take off, according to a Facebook post from the Democratic Party.
But Texas Government Code allows O’Hare to appoint someone to fill any justice of the peace position when they’re sick. The Democrats and Sanders, though, argue O’Hare’s placement of Hayes in the position was political.
“This was clearly an attempt to thwart the will of the people who made the decision by voting for Judge Sanders over Matt Hayes in a free and fair election,” party officials wrote in a Facebook post, before requesting people show up to the Aug. 15 commissioners meeting to let their grievances about the process be heard.
Sanders called Hayes’ appointment an “abuse of power” by the county judge.
“It was abuse of his power,” Sanders told the Star-Telegram Thursday evening. “It was disrespectful to the voters and Precinct 7.”
Sanders said he called O’Hare to check and see if he had followed proper protocol. O’Hare told him he had nothing against Gray, but that he knew Hayes.
“He pretty much let me know that he was well within his right,” Sanders said.
When approached in person for a comment Thursday, a representative for O’Hare directed a reporter to send questions about the situation via email. An emailed question about what factors led O’Hare to pick Hayes over Gray did not receive a response. Hayes did not return an emailed request for comment.
Sanders said he knows Hayes cares just as much about citizens in Precinct 7 and wants to serve just as much as he does.
“But I think it really speaks to the county judge going against the will of the voters in Precinct 7,” Sanders said.
