Back in 2018, Texas State Attorney General Ken Paxton (far right), represented Texas in a Quo Warranto lawsuit where he filed suit to remove (8) people who had been appointed to the City of Austin’s planning commission in violation of the City Charter according to what I've been told by Paula Robnett a prominent local Houston attorney who is very familiar with how the Quo Warranto Lawsuit works. According to Attorney Paula Robnett, "Not only did Paxton seek their removal but requested that the state’s court costs be paid by the individuals, and that each of them be fined individually for violating the charter, and for unlawfully holding their offices. These are remedies allowed under the Texas Civil Practice and Remedies Code §66.003(1)-(3)." Attorney Robnett went on to say, "If Ms. Jackson knows that she is in violation she should consider stepping down and not allow herself to suffer the humiliation of being asked to leave." However, Councilwoman Tarsha Jackson (pictured above) in a photo from when she served as Harris County director of TOP, according to sources appears to be taking the position that she didn't know that she was "INELIGIBLE" to run for the Houston City Council District B seat. However, according to Attorney Robnett, "Unfortunately, a violation of the statute is not concerned with knowledge or the lack of it and is no defense to a Quo Warranto lawsuit. It appears to be purely a strict liability matter. Violation = out!" Are you wondering why no local Democratic elected officials are speaking out on the matter of Councilwoman Tarsha Jackson being ineligible to hold the Houston City Council District B seat? Well, part of the reason could be her strong ties to TOP PAC who, according to their website, ran the largest voter turnout program in the state in the 2020 general election that specifically targeted infrequent and low-income voters of color.
So What Exactly is a Quo Warranto Lawsuit?
By Attorney Paula Robnett
Quo Warranto is Latin for the phrase “by what authority.” This legal action is typically brought to resolve disputes concerning the right for one to hold public office, or to exercise a franchise.
A Quo Warranto action is generally the most effective way of preserving the integrity of public offices, while minimizing the threat of unlimited litigation for those holding office. The use of the Quo Warranto doctrine is not new. It dates back to 1274 when King Edward I challenged local barons and lords who held lands or title on questionable authority. (1)
In almost all instances, including Texas, Quo Warranto is the only remedy to challenge a claim to a public office. The action is brought to challenge the public official’s authority to hold an office. The claim, when filed, will charge that an official holding his or her office, if in violation of a legislated statute outlining the criteria for holding that office, is doing so unlawfully, and because of that violation, should be immediately removed. That is what this action is for.
In June 2018, Texas State Attorney General Ken Paxton, represented Texas in a Quo Warranto lawsuit where Paxton filed suit to remove (8) people who had been appointed to the City of Austin’s planning commission in violation of the City Charter. Not only did Paxton seek their removal but requested that the state’s court costs be paid by the individuals, and that each of them be fined individually for violating the charter, and for unlawfully holding their offices. These are remedies allowed under the Texas Civil Practice and Remedies Code §66.003(1)-(3).
Also outlined in that same code, are the titled officials who may petition the court to file a Quo Warranto lawsuit on behalf of its citizens. Sec. 66.002. states “that the attorney general, or the county, or district attorney of the proper county, may petition the district court of the proper county, or a district judge if the court is in vacation for leave to file an information in the nature of quo warranto.” Locally, District Attorney Kim Ogg, or the newly elected County Attorney, Christian Menefee, are in charge of bringing such an action.
Under certain circumstances, an individual may file a Quo Warranto lawsuit, however, in Fuller Springs v. State ex. rel. City of Lufkin, 513 S.W. 2d. 17, 19 (Tex. 1974), it states that a Quo Warranto is a lawsuit “through which the State acts to protect itself and the good of the public generally.” An individual should not have to bring such a suit personally, when the violation of that statute causes harm to the entire society that it is designed to protect. The expectation is that one of the officials, stated by statute, should bring the lawsuit when it is warranted.
The issue that has caused me to be engaged to prepare this short synopsis of Quo Warranto is quite unfortunate. After being apprised of the situation concerning the council person who has been seated to represent District B, I cannot even imagine how she may feel at this time. I have never had the opportunity to meet Tarsha Jackson, though we have been in one or perhaps two functions at the same time. From reading about her background and learning of her accomplishments, she appears to be highly intelligent, and a good candidate for the council seat. Unfortunately, if she is in violation of the statute that governs her right to hold that council seat, she will either be removed from that office, or will be asked to step down if those in authority are going to do their jobs.
If Ms. Jackson knows that she is in violation she should consider stepping down and not allow herself to suffer the humiliation of being asked to leave. Ms. Jackson should consider seeking legal counsel, and, if she and her lawyer determines that she is in fact in violation of the statute, she should consider relinquishing the City Council seat on her own. It may be difficult, but a plus for her if she decides to reposition herself so that she may lawfully hold city office in the future.
It is fully expected that one of the three officials previously mentioned, will file an action in Quo Warranto as that is a part of their job. When they file that action, know that it is not filed without good opinion that they will prevail. To be ousted from the position brings humiliation, and perhaps a blemish that may be hard to overcome. Jackson may very well have sought the position without knowing that she was in violation of any statute. Unfortunately, a violation of the statute is not concerned with knowledge or the lack of it and is no defense to a Quo Warranto lawsuit. It appears to be purely a strict liability matter. Violation = out!
So why wasn’t Tarsha Jackson apprised by city officials that she was not qualified, when others were told that they were not? Is she qualified or not? If she is not, why was she allowed to continue to reposition herself, possibly accumulate unnecessary expense, only to be humiliated in the end. There is a lot to this matter that does not appear to be ending until some credible action is taken.
Finally, those of you who seek to demean Tarsha Jackson by using expletives and vulgar language when referencing her and this issue, please stop. You actually diminish your own value and contributions toward any credible conversation when things turn toward this direction. She on the other hand, has only acted professionally. She too is a human being with feelings. She is not the first to be caught up in such an issue. If such issues had not taken place before, there would be no body of law set aside just to address them. The ball appears to have been set in motion, just let the process take its course.
I am Paula S. Robnett, Attorney at Law and my opinions are totally independent of any others.
1.(Baker, An introduction to English Legal History (1979) pp. 125-126)
"Harris County District Attorney Kim Ogg is one of the local elected officials who has the power to file the Quo Warranto Lawsuit to have Councilwoman Tarsha Jackson removed from office. Do you see her back there standing behind Tarsha Jackson smiling? Well, back in 2016, (TOP) The Texas Organizing Project endorsed Kim Ogg and played a major role in helping her win the 2016 race for Harris County District Attorney. Back then, Tarsha Jackson was the Harris County director of TOP. And not only that, Tarsha Jacksonm, according to her own admission served on the transition team for Harris County District Attorney Kim Ogg, and Mayor Sylvester as well. Furthermore, for those of you who are unfamiliar with The Texas Organizing Project PAC (TOP PAC), it is the political arm of the Texas Organizing Project (TOP). And back in the 2020 Presidential Election, according to their website, TOP PAC ran the largest voter turnout program in the state in the 2020 general election that specifically targeted infrequent and low-income voters of color -- which could explain why no local Democratic elected officials are asking Councilwoman Tarsha Jackson to step down. TOP PAC, according to their website, for 24 days, canvassed, texted, and phoned District B voters to talk to them about their priorities for their district, and the commitment and experience Tarsha Jackson would bring to Houston City Council. And get this, heading into Election Day, their program made more than 25,000 knocks on doors, 93,000 phone calls, and 82,000 text messages, according to their own admission."
AUBREY R. TAYLOR COMMUNICATIONS
957 NASA PARKWAY #251
HOUSTON, TEXAS 77058-3039
PHONE: (832)212-8735
CELL: (281)788-3033
"For the life of me I cannot understand why Mayor Sylvester Turner (left) has chosen to turn a blind-eye to the fact that Councilwoman Tarsha Jackson (right) is not eligible to serve as the Houston City Council District B Council Member. Section 43.130 of The Texas Local Government Code states the following, "A resident of an area annexed for limited purposes is not eligible to be a candidate for or to be elected to a municipal office." Why won't you address this matter Mayor Sylvester Turner?"
AUBREY R. TAYLOR COMMUNICATIONS
957 NASA PARKWAY #251
HOUSTON, TEXAS 77058-3039
PHONE: (832)212-8735
CELL: (281)788-3033
"I believe that Christian D. Menefee the newly elected Harris County Attorney is a good, decent and honorable young man who want's to do the right thing by the people of Harris County, Texas. In fact, he stated out of his own mouth these words, “I believe the most important duty of the Harris County Attorney’s Office is to protect the interests of the people of Harris County in the courts.” So, truth be told, it would be a huge disappointment to see this up and coming young Democratic star turn a blind-eye to Councilwoman Tarsha Jackson's blatant disregard of the law. Section 43.130 of The Texas Local Government Code is pretty clear, "A resident of an area annexed for limited purposes is not eligible to be a candidate for or to be elected to a municipal office."
AUBREY R. TAYLOR COMMUNICATIONS
957 NASA PARKWAY #251
HOUSTON, TEXAS 77058-3039
PHONE: (832)212-8735
CELL: (281)788-3033
"I don't know what to say about Harris County District Attorney Kim Ogg some days. One day she's tough and courageous, then on the next day she seems like someone has a key in her back or something. But I truly believe that she want's to do the right thing for the people of Harris County, Texas. I don't believe that she's afraid of the Democratic Party bosses or anything like that, but something just isn't right. Look, in the case of Councilwoman Tarsha Jackson's eligibility, the law is pretty clear -- Councilwoman Tarsha Jackson was never eligible to run for the Houston City Council District B seat in the first place. All any person living at the address she used on her application to run for the District B seat can do is vote for their councilperson -- not run for the office themselves. That being said, Kim Ogg stated out of her own mouth that, “Our democracy depends on keeping our elected officials safe from coercion and our elections free from illegal manipulation.” So, isn't running an "INELIGIBLE CANDIDATE" for the Houston City Council District B seat a form of illegal manipulation Madam D.A.?"
AUBREY R. TAYLOR COMMUNICATIONS
957 NASA PARKWAY #251
HOUSTON, TEXAS 77058-3039
PHONE: (832)212-8735
CELL: (281)788-3033
THE BRAINS
I’m the President/CEO of Aubrey R. Taylor Communications, the publisher of Houston Business Connections Newspaper©. In case you don’t know, I have 30-years of experience in marketing, branding, investigative reporting, public relations, opposition research, and political consulting. I’ve assisted in branding Republican and Democratic candidates in statewide elections and local municipalities throughout the State of Texas. Over the years, I’ve also assisted in branding and marketing (through my various publications) such corporations and institutions as Shell Oil, The City of Houston, Texas A&M University, Texas Southern University, Prairie View A&M University, Chevron, Waste Management, Nationwide Insurance, Momentum Jaguar/BMW, Channel 11, Channel 13, State Farm Insurance, and Allstate Insurance to name a few.
EXPERIENCED REPORTER
I would have you to know that not everyone who has been accused of a crime or enters a guilty plea in connection with a crime is guilty of the crime they're accused of committing. Neither is everyone who goes to trial to fight charges that are leveled against them and get's convicted are guilty. Look, over the years, some very bad things have happened to people of color in our criminal justice system. So to this end, please understand, that during my career, I’ve gone into the Harris County Jail and Texas prisons on numerous occasions (on secret assignments) working in conjunction with the owner of one of the largest locally owned private security, and investigations firms. The man who was funding my investigations back then (who mysteriously died) also was the godfather of one of my sons, and the backer of one of my publications. That being said, I can straight-faced assure you that I’ve seen some of the injustices that are occurring in the Texas penal system up close and personal. While on the inside, I interviewed (face-to-face) some of the hardest criminals you can imagine for my research. I also discovered first-hand that many of the people who should be locked up are walking around free, and not all of those who are locked behind bars are guilty of the crimes that they, in some cases pleaded guilty to – for whatever reason. So, let me assure you that I know a criminal when I see one. And we have a handful of local elected officials who are straight-criminals and must be stopped!!!
PEOPLE OVER POLITICS
Based on my direct observations over the years, I can attest to the fact that our current criminal justice system is more about “HAVE’S AND HAVE NOT’S” to a greater degree than most people realize. That being said, sure, in some cases, the skin color of the person being accused of a crime plays a role in who gets indicted and eventually convicted of crimes and those who go free. However, at the end of the day, from observing the system from the inside, and out; having money, good legal representation and access to influential people are unfortunately key determining factors when it comes to who will spend the rest of their life walking around with an “X” on their back and who doesn’t. So, to this end, we must endeavor to change our criminal justice system and political landscape by “TAKING POLITICS OUT” of the way our judges are selected in the Lone Star State – that’s very important to me!
AUBREY R. TAYLOR COMMUNICATIONS
957 NASA PARKWAY #251
HOUSTON, TEXAS 77058-3039
PHONE: (832)212-8735
CELL: (281)788-3033
