Jordan lawsuit

Donna Jordan's successful civil rights lawsuit against the county is coming back to haunt the commissioners court again.

A Midland federal jury awarded Jordan $64,000 in July 2006 after Ector County District Clerk Janis Morgan fired her in 2005. The 5th Circuit Court of Appeals upheld the ruling in February.

The lawsuit claimed District Clerk Janis Morgan acted improperly when she fired Jordan in March 2005. In 2002, Jordan lost to Morgan in the race for district clerk, but Jordan decided to stay in the office, though she was demoted from chief deputy to assistant chief deputy.

In appellate papers, Morgan said she fired Jordan for "violation of standards and rules of District Clerk's office" and "altering county records."

Now the county's lawsuit-insurance provider is asking a Midland federal judge to rule that it doesn't have to pay about $300,000 in fees for the case, leaving taxpayers stuck with the bill.

County Judge Susan Redford said St. Paul Travelers Insurance filed for the petition for declaratory judgment in May, but she wasn't served until last week. She said the company is claiming it wasn't notified about the suit in adequate time, so they shouldn't have to pay.

"They allege that they were notified after the case went to trial," Redford said.

County commissioner Greg Simmons said he'll meet with Travelers officials today to try and reach an agreement before the county resorts to hiring outside counsel to handle this latest development.

Simmons said he would prefer to stay out of a courtroom, but as a worse case scenario, that's probably what the county will do to "protect the interest of taxpayers."

Redford acknowledged the cost for two years of legal wrangling could rise if a compromise with Travelers can't be reached, but she said hiring an attorney with expertise in insurance law would be worth it instead of letting the county's attorney oversee the case.

"We believe that we need to seek out every avenue possible to relive the burden of the cost of this case from the taxpayers," Redford said.

AT A GLANCE

>> What: Donna Jordan civil rights lawsuit against the county claiming wrongful termination. A Midland federal jury awarded her $64,000 in July 2006, a ruling the 5th Circuit Court of Appeals later upheld in February.

>> How much: County Judge Susan Redford estimates the lawsuit's total cost at around $300,000, including the settlement and attorneys' fees for both sides.

>> What now: The county's lawsuit insurance provider has asked a federal judge to rule that it does not have to cover the $300,000. The company claims it wasn't told about the suit in enough time.