Private Reprimand of a Justice of the Peace. (08/10/12).
08/10/2012
The judge failed to treat court staff, defendants, and a prosecutor in a manner that was patient, dignified and courteous. In addition, the judge acted without authority when he banned the prosecutor from appearing in his court. The judge failed to follow the law and demonstrated a lack of professional competence in the law when he: (1) dismissed cases pending in his court without a motion from the State, some of which were dismissed after he was advised by the district attorney's office that he had no authority to do so; and (2) followed a procedure in which he held certain "Parent Contributing to Nonattendance" cases "in abeyance" without any legal authority for doing so and without complying with Article 45.051 of the Texas Code of Criminal Procedure. In addition, the judge gave favorable treatment to a public official in a manner that suggested that the official was in a special position to influence the judge. Finally, the judge made public comments to the media about the school districts' handling of truancy cases in a manner which suggested how he might rule in those cases. The judge's public criticism of the school districts, as well as public comments voicing his opinion that he had been "Mexicanized" in the primary election, cast reasonable doubt on his capacity to act impartially as a judge. [Violation of Canons 2A, 2B, 3B(2), 3B(4), 3B(5), 3B(10) and 4A(1) of the Texas Code of Judicial Conduct.] Private Reprimand of a Justice of the Peace. (08/10/12).
