Wednesday, August 17, 2011

DID ERIN HERNANDEZ, ALEJANDRO, VIOLATE CODE OF JUDICIAL CONDUCT

By Juan Montoya
Even as scandal erupts over the county vending machine contract that Precinct 2 commissioner Ernie Hernandez says is not his but his daughter Erin's, questions surrounding the propriety of her involvement with a political candidate are surfacing as she makes a run for the justice of the peace slot vacated by the death of the late Tony Torres.

State law seems to show that lendingone's name to any political candidate when one is a member of the judiciary (municipal judge, magistrate, couty court-at-law, etc.) is a violation of the canons of judicial conduct.

Erin is listed as the municipal judge of Primera, Texas. Yet, in the past city elections, she is listed as the campaign treasurer of city commissioner John Villarreal in his campaign literature.

The City of Brownsville's webpage captioned the photograph adjacent to this article thus: "JOHN L. VILLARREAL, with his family looking on, takes his oath of office from Primera Municipal Court Judge Erin Hernandez Garcia. Villarreal was elected to complete the remaining two years of the term of District 4 Commissioner Edward C. Camarillo, who gave up his seat to run for mayor. As District 4 Commissioner, Villarreal will largely represent the western part of Brownsville."
Canon 5 of the Texas Judicial Code states:

A judge or judicial candidate shall not authorize the public use of his or her name endorsing another candidate for any public office, except that either may indicate support for a political party. A judge or judicial candidate may attend political events and express his or her views on political matters in accord with this Canon and Canon 3B(10).
(2) Any judge who violates this Code shall be subject to sanctions by the State Commission
on Judicial Conduct.
(3) Any lawyer who is a candidate seeking judicial office who violates Canon 5 or other relevant provisions of this Code is subject to disciplinary action by the State Bar of Texas.

There are sanctions but they are not stated in the canons. The State Commission on Judicial Conduct investigates complaints against judges fromJP's to Municipal Judges all the way to District Judges and even appellate and retired judges.Apparently, Erin is not the only one flaunting the law. We understand that several local attorneys have received phone calls from judge Leonel Alejandro asking for their support forMaria DeFord, one of the candidates for District Attorney.

Locally, lawyers have garnered themselves a bad name recently, and many more apparently are in the gunsights of federal investigators. Whether it's Abel Limas, Ray Marchan, Jim Solis, or others (Erin Hernandez?) their rank flouting of the law seems to dare the feds to give them a closer look.

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