Pct. 3 Commissioner Kurt Fogelberg had another question for Fannin County Judge Newt Cunningham.
"What's it going to cost us to keep you out of jail?" Fogelberg asked Cunningham.
Fannin County taxpayers have already been informed that they will have to pay $250,000 to hire lawyers to defend against countersuits resulting from those six indictments, but that figure may be dwarfed by the eventual settlements if a court determines the indictments were baseless and politically motivated.
All six indictments were dismissed for Lack of Probable Cause, which would seem to infer that indictments should never have been handed down.
At the heart of the matter is whether or not taxpayers who may eventually have to shell out millions to resolve these cases have a right to hear Cunningham's grand jury testimony that may have played a role in the indictments.
Even after reducing Fannin County Commissioners Court to a dysfunctional spectacle, now that he has been voted out of office Cunningham continues to make matters worse as long as he can find a place that will print his slanderous accusations that are long on insinuations and short on facts.
As he did in the months leading up to the indictments, Cunningham continues to accuse commissioners of walking quorums and any number of illegalities, but he clams up when asked for proof. In his latest rant which reflected poorly on almost every county employee except himself, Cunningham claimed "Money is being used to buy support," but, as with the indictments, he fell silent when asked to give facts.
"Cat got your tongue?" Cunningham was repeatedly asked when he sat silent after refusing to offer proof of accusations.
The meeting got even more out of hand when Cunningham stated that the court would not be allowed to discuss the indictments in executive session until an attorney is hired to represent the county.
Pct. 1 Commissioner Troy Waggoner suggested that the three members of commissioners court who aren't involved in the indictments -- Waggoner, Fogelberg and Doug Kopf -- should have a voice in deciding which law firm will represent the county.
Fannin County Auditor Alicia Whipple asked how those three court members could choose an attorney if they can't meet and go over the decision?
Cunningham said that an attorney would be selected by the DA's office.
"What if we don't agree with that decision?" asked Pct. 1 Commissioner Troy Waggoner.
"Then you will be acting unlawfully," Cunningham responded.
When Waggoner continued to ask for input regarding which of the three law firms would be hired, Cunningham stated, "You are being told by your attorney that you can't."
"You're not my attorney," Waggoner fired back.
"I'm the judge and the judge is telling you that you can't....." Cunningham stated.
"Have you heard anything about money to be paid by the county to Mr. Self for the damages he's suffered?" Cunningham insinuated. "Has he talked to you about that. Has his lawyer talked to you about that?"
"I haven't talked to either one of them about something like that," Waggoner replied. "You can make all the allegations you want to."
Fogelberg questioned why taxpayers should have to pay $250,000 to clean up a fiasco that was apparently created by former DA Richard Glaser and Cunningham.
Whipple said that, speaking as a citizen, in order to avoid the possibility of conflict of interest in the DA's office, logic would suggest that the three members of the court who are not involved in the litigation should select the attorney to represent the county.
"I'd suggest you get a legal opinion on that," Cunningham said, "and I'd suggest that you don't have an executive session today -- if you do it's unlawful."
Waggoner repeated his opinion that commissioners should be allowed to interview the law firm that would represent the county and Fogelberg complained again that taxpayers are already on the hook for $250,000 because of the indictments.
When Cunningham fell back on one of his oft-repeated "the light is coming in - the truth will out" statements, Pct. 2 Commissioner A.J. Self turned to Cunningham and demanded, "Open the window and let it in. Let's hear it! Where's the mafia? You're making all these accusations about people."
"Do you know how inappropriate it is for you to sit up there, dispense advice and give your personal opinions about all of this when you are a party involved in it?" local attorney Kyle Shaw asked Cunningham.
Shaw is representing A.J. Self in his countersuit.
"I am sure your attorney would tell you to shut your mouth," Shaw added.
"I don't think he would," Cunningham surmised.
He doesn't know how," quipped Waggoner.
"Well, keep digging your hole deeper," Shaw told Cunningham.
"I'm digging out of this hole, not into it," countered Cunningham.
"Hey, we welcome all the true facts coming to light," Shaw stated, "not just the statements you claim are true."
Now angered to the point that his voice was quivering, Cunningham replied, "They will come to light and you will be under oath, my friend."
"They've already come to light," Shaw answered.
"You are going to be under oath in court, I bet," Cunningham predicted.
"So will you," one of the commissioners told Cunningham.
"The allegations about all of those people that were falsely indicted, based on your testimony, has come to light," Shaw remarked. "An independent district attorney's office, without a dog in the fight, reviewed everything...they said there's not even any probable cause that anything happened."
"I just hope it doesn't wind up costing the county more money," Fogelberg cautioned.
"It's going to cost the county money, gentlemen...there's no way around it," Cunningham stated.
"Kind of like our Justice Center," Fogelberg added.
The back-and-forth continued, with Cunningham repeating his accusations of a walking quorum.
"Well, do something about the walking quorums," an exasperated Fogelberg finally fired back. "Come on! Get 'em!"
"It is your job to report it if you know it is happening," Commissioner Self pointed out to Cunningham, "so report it. Where is your evidence?"
"Let's be transparent," Fogelberg suggested.
"It's another false accusation," Self told Cunningham. "That's all you do is sit up here and lie, and I'm tired of it."
"Well, I'm glad you are tired of it!" Cunningham exclaimed. "Maybe you will resign."
"There is no way in hell I'll let you appoint my position," Self said firmly.
"We'll take your resignation," Waggoner told Cunningham.
"Once again we've heard your accusations of a walking quorum," Jason Walker noted. "Judge, if you had any proof of a walking quorum, I firmly believe you would have presented it and filed charges. Yet, you want to stand up here every week and say there are walking quorums. Where's the proof?"
After several more minutes of constant bickering, the court took a recess.
*****
In other business...
All five members of Fannin County Commissioners Court were present for the regular meeting held Monday, August 31, 2026. The invocation was given by Fannin County Judge Newt Cunningham and pledges were led by Jenny Garner (Captain, USAF).
*****
Cunningham introduced former DA Richard Glaser in attendance. In public forum, Jason Walker hinted at the irony of the situation since he believes that Glaser may have been in hiding last week so that he didn't get served papers relating to the six indictments that were dismissed for Lack of Probable Cause.
Walker claimed that, if the judge truly wants transparency, he will not fight the proceedings.
Walker also pointed out that the road engineer petition failed to gather enough signatures.
Pct. 3 Commissioner Kurt Fogelberg also spoke in public forum.
"As far as 'bad budget and bad government', I think we had to spend a million dollars for a roof [at the Justice Center], a million dollars for some concrete that somebody didn't take care of [for the parking lot at the Justice Center]...it was really more of a bad deal for the Justice Center instead of a bad deal by the commissioners court."
Cunningham repeated his "truth will out" mantra and made an oddly unwarranted and inflammatory comment about not wanting a grand jury "exposed to organized crime so you end up with all your witnesses disappearing and nobody else willing to come in and talk."
"Who is part of the organized crime?" Pct. 2 Commissioner A.J. Self asked Cunningham.
When Cunningham was silent, Self asked, "No comment?"
*****
Routine items
Commissioners court approved payment of bills. Bills on August 25 were $339,022.89. Bills on August 31 were $351,084.24; payroll on August 28 was $488,572.44.
*****
Commissioners court approved minutes of three previous meetings.
*****
Commissioners court briefly discussed a successful Internal Audit Report of Justice of the Peace, Precinct 1.
*****
In another bit of good news, Fannin County Clerk Jenny Garner said the county is going to adopt a new marriage license unique to Fannin County that features the 1888 courthouse and the historical significance of bois d'arc to local heritage.
*****
Discussion and possible action items
Commissioners court approved a Proclamation declaring that September 26, 2026 will be Walk 4 Hope Day in Fannin County.
*****
Commissioners court voted to adopt the 2027 Sheriff and Constable Fees.
*****
Commissioners court renewed the Disaster Declaration for Gober MUD for two weeks.
*****
Commissioners court voted to set the vote to adopt the Fannin County Fiscal Year 2026-2027 Budget on Tuesday, September 15, 2026 at the Regular meeting of Commissioners Court at 9:00 a.m. to be held at the Fannin County Courthouse.
*****
Commissioners court voted to set the vote to adopt the 2026 Tax Rate of 0.384549 for Fannin County on Tuesday, September 15, 2026 at the Regular meeting of Commissioners Court at 9:00 a.m. to be held at the Fannin County Courthouse.
*****
Commissioners court discussed the disbursement of the Unclaimed Capital Credits received in 2026, which totaled $68,490.35.
Fannin County resident Malinda Allison addressed the court to tell how much the Fannin County Historical Commission has appreciated receiving a portion of these funds in years past.
The court voted to divide the money, with six entities each receiving $11,415.05; public libraries will divide their share, as will chambers of commerce.
*****
By a 3-1 vote, commissioners court approve purchase of conference table and chairs for County Court at Law for use at the Justice Center at an amount not to exceed $3,800; these items were left off the original furniture order and the money will come from Contingency.
That would leave $80,000 remaining in Contingency.
Pct. 1 Commissioner Troy Waggoner, Pct. 2 Commissioner A.J. Self and Pct. 4 Commissioner Doug Kopf voted in favor of the purchase, Cunningham abstained and Fogelberg cast the opposing vote.
*****
Commissioners court voted to approve the Liability Renewal Questionnaire for the Texas Association of Counties Risk Management Pool for 2026-2027 Fiscal Year.
Fannin County Clerk Jenny Garner asked if the county's liability insurance covers all voting locations.
This subject will be discussed in depth at a future meeting of commissioners court.
*****
Commissioners court approved an amendment to the Lexis Nexis Contract for the 336th District Judge and County Court at Law; to be paid from the Law Library fund.
******
In regard to the November 3, 2026 Election Order, Garner informed the court that the Texas Secretary of State has approved Fannin County's application for countywide voting, which will allow registered Fannin County voters to cast a ballot at any voting location in the county.
A list of election judges is expected to be approved at the September 15, 2026 regular meeting of commissioners court.
Open discussion items
Open discussion items may be passed on unless discussion requested by a member of the court or a citizen.
In regard to the county budget and revenue sources, Walker questioned the veracity of an editorial Cunningham wrote.
"Money is being used to buy support?" Walker asked Cunningham. "Who? Just like your indictments, you don't have any proof."
Walker pointed out that in a brief period, the county judge's budget soared from $189,542.00 to $375,299.16, up 98%.
"Were you buying votes?" Walker asked Cunningham. "Why didn't you put that in your article?"
*****
In regard to solar, wind, battery energy storage systems and data centers (including Black Mountain), Cunningham said that Black Mountain is planning a project near Savoy.
Executive session and action if needed
Pursuant to Texas Government Code, Section 551.071, Fannin County Commissioners Court entered into executive session at 10:36 a.m. to consult with their attorney regarding the Coniglio Solar Tax Abatement.
*****
Commissioners court reconvened in regular open session at 10:56 a.m. to announce no action was taken in executive session.
