A former civil court judge is aiming to oust incumbent Harris County Attorney Christian Menefee who is seeking his second term in office. 

Jacqueline Lucci Smith, 60, said her previous experience working in the county attorney’s office paired with her reputation as an elected judge who was able to quickly clear her dockets, make her an ideal candidate.

“One thing I can say is, I am qualified for this office,” Lucci Smith said. 

The county attorney is the top civil lawyer in Harris County government, representing the jurisdiction in all civil matters, including lawsuits. The office works to protect consumers from price gouging by investigating and sending cease and desist letters while also using litigation to address environmental issues, such as air and water pollution and sewage disposal. The county attorney also provides legal advice to Harris County elected officials and its employees, and oversees more than 250 lawyers and staff. 

Lucci Smith has owned her own law firm since 2013, where she focuses on real estate transactions, litigation and condemnation. 

She previously served as judge of Harris County Civil Court at Law 2 from 2007 to 2012. She was set to serve in that post until at least 2014, when she could have sought re-election, but abruptly resigned in January 2012, citing personal and family matters.

There was confusion about her resignation — state law does not allow elected officials to simply leave office – requiring  Lucci Smith to continue in the post  until Commissioners Court selected a replacement.  

Lucci Smith graduated from Lynn University in Florida with a bachelor’s degree in business administration, and received her law degree from South Texas College of Law in 1992.  

Prior to serving on the bench, Lucci Smith worked as an operational director for state Sen. Paul Bettencourt at the Harris County Tax Office. She also served as his main legal counsel in the Harris County Attorney’s Office from 1998 to 2006, when Bettencourt was the county’s tax assessor-collector. 

‘Unique perspective’

If elected, Lucci Smith said she would be an advocate for law enforcement.  

“I want to really help ensure public safety and safe neighborhoods by making sure that law enforcement has what it needs to do its job,” she said. “And that starts with having their back. That starts with making sure they know they have the support of their attorney and that we’re not going to sell them out.”

Lucci Smith said she thinks Menefee frequently opts to settle law enforcement cases rather than represent them in court to “avoid public scandal” and “quell the public.”

The former judge and married mother of two said she brings a “unique perspective” to the office, not only having worked in the county attorney’s office but also being a judge and having to work with “both sides of the aisle.” That experience, Lucci Smith said, would help train the next generation of lawyers and attract talent to the county attorney’s office. 

Lucci Smith said she garnered a reputation on the bench as a judge that provided a fair trial. She also touted her record of working through a backlog of thousands of cases to get her court down to one of the lowest dockets in the county. 

In her spare time, Lucci Smith said she loves to host, cook and enjoys watching the Astros and Texans.

Menefee, 36, was elected in 2020 as the first Black Harris County attorney and the youngest to ever serve in the role. He campaigned largely on protecting the county from environmental hazards, and has been vocal about the need for stricter regulations on concrete plants. He also has sued the Texas Commission on Environmental Quality to update its air quality rules to comply with federal law.

Menefee also brokered a resolution of an intergovernmental dispute for the Interstate 45 rebuild and he helped secure a $27 million settlement with JUUL and cigarette companies for deceptive marketing to children.

“People trust us,” Menefee said. “When people have complex issues, they call us. When elected officials have complex issues, they call me — regardless of party.”

‘Better this thing’

Menefee said he felt “morally obligated” to run for office in 2020, partially because of former President Donald Trump and because he did not want to watch officials take advantage of the Black community, which he is “passionate about advocating for” and described as the “backbone of the Democratic party.”

“We all have a contribution to make to society to help it thrive and I believe that everybody should serve in some respects,” Menefee said. “And with that comes sacrifice. So, yeah, I could be out making money in the private sector, but I feel this duty to my neighbors, to my fellow Americans, to see if I can better this thing.”

Menefee said he feels as if he has helped county government become less decentralized by involving the county attorney’s office more. He said it helps because his office can share its unbiased legal advice to ensure Commissioners Court members are properly informed before making policy decisions.

“It’s not my job to make more determinations about whether I agree with the policy goals someone is trying to achieve,” he said. “It’s my job to give legal advice to help them achieve their goals and I’ve been able to build strong relationships with people across the aisle because of that philosophy.”

His first term in office has not been without its bumps. 

Menefee has gone head to head numerous times against Texas Attorney General Ken Paxton. 

Paxton most recently threatened to sue the county if it expanded its voter registration efforts, saying it would open the door for voter fraud. 

Earlier this year, the attorney general sued the county over its guaranteed income program, which would provide a monthly stipend with no strings attached in hopes of lifting some out of poverty.  Other jurisdictions in Texas have implemented similar initiatives, but faced no legal repercussions. The Texas Supreme Court sided with Paxton in a June ruling.

Commissioners Court retooled the guaranteed income program and Paxton sued them again last month.

“It’s one of the bigger challenges,” Menefee said. “We don’t like losing in my house, so you try to be as surgical as you can be, but sometimes it’s unavoidable to lose.”

Before being elected, Menefee worked in the private sector in business litigation. A first generation college graduate, he attended The University of Texas at San Antonio and Washington University School of Law in St. Louis. He began his law career at Fulbright & Jaworski (now Norton Rose Fulbright). 

When Menefee isn’t working, he said his favorite thing to do is to spend time with his wife and their two boys. An avid fitness guru, Menefee wakes up at 4:30 a.m. each day to do P90X. He also enjoys cooking and baking, trying out new recipes.

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