Calls for County Auditor’s Removal Result in Ongoing Judicial Review

In recent weeks, concerns with the performance of the Kinney County Auditor have intensified,  with county commissioners calling for the auditor’s removal. A letter from the Commissioner’s Court to 63rd District Judge Roland Andrade states that the auditor’s “failing to ensure the prompt payment of 227 invoices and other approved claims under the Order of Disbursement has not only created a disruption to many governmental services but has subjected the County to civil liability from the claimants for violations of the Prompt Payment Act.1.” According to the letter, delayed actions or inactions by the county auditor “have created unnecessary hardships, turmoil, and legal liability for the County.”  The controversy gained wider attention after a Texas Scorecard article spotlighted the issue, sparking significant discussion among residents.   

Under Texas law, the removal of a county auditor falls exclusively within the authority of the district judge who appointed the auditor, as provided in Local Government Code § 84.009. County commissioners have no legal power to remove the auditor, regardless of public opinion or political pressure. The statute allows district judge(s) to remove a county auditor only after a “due investigation” and only if it is proven that the auditor committed official misconduct or is incompetent to perform the duties of the office. No specific procedural requirements—such as public hearings—are mandated, leaving the process largely to the discretion of the presiding judge. Related statutes (§ 87.012–.019) outline general removal standards for certain county officials, but county auditors are addressed separately under § 84.009, and the law vests their oversight entirely in the judiciary.

When asked about the current status of a removal request for the Kinney County Auditor, the 63rd District Court Coordinator, Ana M. Guia, responded on behalf of the presiding judge: “Per the Judge, the decision is still pending while the investigation is ongoing.” This confirms that the matter remains under judicial review, with no set deadline for a decision. Until Judge Andrade concludes his investigation, the county auditor remains in office, and any action—or inaction—will be determined solely by the district court, not the commissioners court.

Kinney County Post will continue to follow this story and provide updates as they become available in next week’s paper and online at KinneyCountyPost.com