A Montgomery County district judge has been recused from a collective bargaining case involving Conroe firefighters after the city alleged he violated judicial ethics by conducting independent research. A new judge has been assigned, and a trial is set for Monday.
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A Montgomery County district judge has been recused from a high-profile collective bargaining case involving Conroe firefighters after the city accused him of violating judicial ethics by independently researching disputed facts before a court hearing.
Judge John Delaney was removed from the case following a motion filed Friday by the city of Conroe, which argued that his actions compromised his impartiality. Judge Albert M. McCaig Jr. has been assigned to the 284th State District Court to hear the case, with a trial scheduled for 9:30 a.m. Monday.
The dispute centers on a petition submitted by the Conroe Professional Fire Fighters Association to place a collective bargaining measure on the May ballot. The association filed suit against the city in December, alleging that Conroe had rejected the petition.
On Dec. 12, the association submitted a petition containing 3,650 signatures. Under state law, a valid petition must include signatures equal to 5% of the registered voters from the last general election, held in November 2024.
During a special City Council meeting on Dec. 19, Interim City Secretary Sami Quinlan said the city could not determine the number of registered voters from that election because Conroe did not conduct a local election at the time. As a result, she said, state law would require 20,000 signatures.
The firefighters' association disputes that interpretation.
During a Jan. 9 hearing on the association’s request for a temporary restraining order, Delaney told the court he had “done a little research on my own,” according to court records. Later in the hearing, Delaney said he had calculated the number of voters and precincts in and partially in the city during the November election and concluded that about 2,900 signatures were required.
The city argued that Delaney’s reliance on an outside source constituted an improper ex parte communication.
“Judge Delaney’s ‘independent research’ was an ex parte communication raising reasonable questions about his impartiality,” the city wrote in its motion. “Neither the city nor Quinlan would have the opportunity to cross-examine Judge Delaney about his analysis and conclusions or his investigative methods.”
Judicial Canons, which govern judges' ethical conduct, prohibit judges from considering evidence outside the record. Canon 3 states that “a Judge should perform the duties of the office fairly, impartially and diligently” and requires recusal when a judge has personal knowledge of disputed evidentiary facts.
Lloyd Sandefer, president of the firefighters' association, said collective bargaining is necessary to ensure adequate staffing, training standards, and workplace safety.
The reassignment of the case resets a critical stage in the legal battle, which will determine whether the ballot measure advances to voters this spring.
The association's president, Lloyd Sandefer, said, "We are focused on moving the case forward in time for the 2026 election so that Conroe voters, not the politicians, can decide." "A fair, timely hearing before the court is what matters now."
The city refused to say anything about the ongoing case.
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