Dallas County commissioners' attempts to investigate two constables hit the courts next week as two judges are scheduled to hear arguments for emergency restraining orders against the county.

District Attorney Craig Watkins is scheduled to ask a judge Tuesday to stop an investigation the commissioners ordered into possible wrongdoing by the constables.

A hearing had been scheduled Monday to hear a similar request from one of the constables, but it has been delayed, according to one of the attorneys.

A third case, to be heard Monday, involves an attempt by the constables' towing company to stop the county from seeking towing and vehicle storage contracts for the constables.

Commissioner Maurine Dickey said there must be a reason the constables are fighting so hard.

"What does that tell you? It tells me we must really be getting close to something sensitive," she said. "I think they must be running scared."

Lawyers for constables Derick Evans of Precinct 1 and Jaime Cortes of Precinct 5 did not return phone calls Friday seeking comment.

Commissioners want the right to conclude their three-month civil investigation of Evans and Cortes. Their special investigator, former FBI agent Danny Defenbaugh, has been looking into the constables' employment practices after numerous current and former employees alleged wrongdoing.

Defenbaugh's investigation is nearing an end, officials say.

But Cortes filed court papers to stop that investigation, arguing that the commissioners are exceeding their authority. He also is seeking damages against County Judge Jim Foster, Dickey and Commissioner Kenneth Mayfield for authorizing the seizure last month of computer data as part of that investigation.

A new date has not yet been scheduled for Cortes' hearing, according to Lawrence Friedman, an attorney for Cortes.

Watkins has filed a similar request for a restraining order, arguing that the commissioners and their investigator have no authority to investigate criminal allegations against the constables.

Watkins is concerned that the commissioners' probe may interfere with a constable investigation his office is conducting, according to court papers.

Commissioners say Defenbaugh has turned over evidence of crimes to the DA's public integrity unit and that he continues to investigate only civil employment matters.

Watkins' hearing is set for Tuesday at 9:30 a.m. before Richard Mays, a retired district judge from Collin County.

Commissioners launched their own investigation because they said they didn't believe Watkins, a Democrat, would properly investigate the constables, who are both Democrats seeking re-election next year. They also are concerned that Watkins has a conflict because his civil division defends the constables in lawsuits.

In a separate matter, the towing company that has impounded thousands of vehicles for Evans and Cortes since 2006 will have a hearing Monday at 1:30 p.m. before Judge Emily Tobolowsky, a Dallas County civil district judge.

Dowdy Ferry Auto Services claims in its request for a restraining order that the county is violating contracts it has with Evans and Cortes by soliciting towing bids for all of the constable precincts.

Dowdy Ferry failed to stop the county from seeking towing contracts for Evans and Cortes during its first attempt on Wednesday.

The southern Dallas County company said in its petition, refiled late Friday, that the county is trying to put it out of business. Dowdy Ferry tows and impounds vehicles only for Evans' and Cortes' agencies.

County officials say that Dowdy Ferry's contracts are invalid and that legitimate contracts are needed to add accountability and transparency to county law-enforcement towing operations.

Commissioners expressed concern about those operations after The Dallas Morning News reported in July that Cortes and Evans have been impounding thousands of vehicles without overseeing the process or requiring Dowdy Ferry to provide records showing what happened to the vehicles.

Dowdy Ferry is being investigated for administrative violations by the Texas Department of Licensing and Regulation.

Evans and Cortes have said their offices have done nothing improper.

The impounded vehicles have sat on Dowdy Ferry's land near Hutchins since 2006.

However, at 10 a.m. today, some of those vehicles, which are considered abandoned by their owners, are scheduled to be auctioned off for the first time since Dowdy Ferry has been towing.

Foster said auctioneer J.D. Newell will sell about 140 vehicles that were recently impounded. Newell, who couldn't be reached for comment, has reached an agreement with Evans to auction the vehicles, Foster said.

Foster said he believes the county will win all three court cases and be allowed to clean up procedures at the constables' offices and determine whether wrongdoing was committed.

Dickey said it's critical that the county be allowed to proceed with its investigation and with its towing contracts.

"If we're going to have a transparent government, let's just let people see what's going on," she said.

County commissioners face several legal challenges in their attempts to investigate constables Derick Evans and Jaime Cortes.

• Dowdy Ferry Auto Services, which tows and impounds vehicles for Cortes and Evans, is asking Civil District Judge Emily Tobolowsky to issue a restraining order to stop the county from seeking vehicle towing and storage contracts for the constables.

Hearing time: 1:30 p.m. Monday

Hearing time: 9:30 a.m. Tuesday

Hearing time: Initially scheduled for 9:30 a.m. Monday; Cortes has asked for a delay.

SOURCE: Dallas Morning News research