Judge Orders County to Release Cash Probe Docs

**Judge Orders Montgomery County to Release Documents in Constable Cash Probe Amid Removal Threat**

**Conroe, TX** – Montgomery County was ordered by a State District Judge on Thursday, July 25, 2024, to immediately hand over investigative documents related to Precinct 1 Constable Philip Cash, as a probe into alleged misconduct by the District Attorney’s office continues and threatens potential removal proceedings.

Judge David P. Barker of the 278th District Court issued a temporary restraining order (TRO), compelling the county to provide “all relevant paperwork, audio, and video recordings” concerning the investigation launched by District Attorney Brett Ligon’s office. The order explicitly forbids the county from destroying any of this evidence.

Constable Cash, through his attorney Casey O’Brien, had filed a petition on Monday, July 22, arguing he has a fundamental right to understand the specific allegations against him to prepare a proper defense. Cash has vehemently denied any wrongdoing, going so far as to accuse the DA’s office of “weaponizing” the law against him for political reasons.

The judicial order marks a significant development in an investigation initiated by DA Ligon’s office sometime before mid-July, looking into alleged misconduct by the Precinct 1 Constable. On July 15, DA Ligon formally notified County Judge Mark Keough in a letter of the ongoing probe and the potential for removal proceedings against Cash under Local Government Code Chapter 87.

Chapter 87 outlines the process for the removal of elected officials, citing “incompetence, official misconduct, or habitual drunkenness” as potential causes for removal. While the specific nature of the alleged misconduct against Cash has not been publicly detailed by the District Attorney’s office, the invocation of Chapter 87 signals a serious legal challenge that could lead to Cash’s permanent removal from office.

News of the investigation first became public when Commissioner James Noack brought up Ligon’s letter during a Commissioner’s Court meeting on July 17, sparking public discussion and concern within county government.

The county, represented by attorney Mike Miller, argued in court that they had not yet formally received a petition for Cash’s removal, only Ligon’s initial letter, and maintained that any documents they possessed would eventually be turned over. It is important to note the order specifically targets the county’s records, not the District Attorney’s office directly.

Legal experts suggest that securing these documents early could be crucial for Constable Cash’s defense strategy. “In cases involving potential removal from office, having immediate access to the evidence being used against you is paramount for due process,” commented a local legal analyst familiar with county politics. “This TRO provides an immediate avenue for the defense to begin building their response rather than waiting for formal proceedings to begin.”

The escalating legal battle adds another layer to the often-tense political landscape of Montgomery County, where disagreements between various elected officials are not uncommon. Constable Cash’s accusation of “weaponization” underscores the perceived political undertones of the investigation and the broader relationship between county offices.

The next court hearing on this matter is scheduled for Thursday, August 8, where the contentious fight over these documents and the underlying investigation is expected to continue. The outcome of that hearing could determine the pace and direction of the potential removal proceedings against Constable Cash.