FARIAS SUES NELSON FOR $3.3 MILLION FOR USING EXPUNGED RECORDS IN POLITICAL CAMPAIGN AGAINST HER

By Juan Montoya

The fallout from the Democratic primary race for the 138th District Court between Judge Arturo Nelson and challenger Veronica Farias has taken a legal turn.

Farias on Friday filed a $3.3 million lawsuit against Nelson in the 197th District Court charging that he had allowed a Political Action Committee to run advertisements on behalf of his candidacy in local newspapers and in a massive countywide mail-out that violated an Order of Expungment over two incidents in 2008 and 2011 where she was involved.

She further charges that Nelson used his "official capacity and political influences" to obtain the files and records that were ordered destroyed by a local court for information that "were detailed therein" for political purposes.

In the last two weeks of the campaign the PAC – named "Citizens for a Better Judiciary" – ran a series of ads calling Farias a "troubled attorney" and listing details of two previous charges against her. This was preceded by an ad run by Farias taking Nelson to task questioning Nelson's judicial performance in the case of a child molester that she claimed the judge allowed to go free on probation only to have the defendant engage in sexual abusive criminal conduct with a minor.

This may be interpreted as a "tit for tat" episode in a political race. However, while the the Farias' charges against Nelson are part of the public record, the use by Nelson and his supporters of expunged records is strictly prohibited by law, Farias charged.

"(Nelson) abused his abilities to obtain such information against...(Farias) who was running a campaign seeking (his seat)," her lawsuit states.

She charges that he then illegally released and disseminated and published to the entire area of Cameron County (with his consent, on his own accord, or upon a third party with his approval)...the expunged information"...contrary to the Code of Criminal Procedures and against the Texas Election Code's Code of Fair Campaign Practices.

The law – Title I, Chapter 55 of the Texas Code of Criminal Procedure – states that: "the release, maintenance, dissemination, or use of the expunged records and files for any purpose is prohibited.

"A person who acquires knowledge of an arrest while an officer or employee of the state or any agency or other entity of the state or any political subdivision of the state and who knows of an order expunging the records and files relating to that arrest commits and offense if he knowingly releases, disseminates or otherwise uses the records or files...

"An offense under this article is a Class B misdemeanor."

According to Farias, both charges listed prominently in the PAC's ads were expunged from her record by a court order July 2011. The order prohibits anyone (whether a PAC, law enforcement official, or any individual) from opening the files or the expunged records of the arrests and are "not open for inspect6ion by anyone..."

When Farias approached the Brownsville Herald, which ran the PAC's ads, the editors there went back to their files and made a notation tat the charges arising from the police reports had been expunged from the public records by a court.
The PAC listed its address as 855 W. Price Rd., the same building that houses the offices of Roreig, Oliveira and Fisher, principals with State Rep. Rene Oliveira in the law firm.
It is also the same address listed for the Cameron County Bar Association.
At the time, the Brownsville Police Dept. has looked into the complaint and said it had forwarded the evidence it uncovered to the Cameron County District Attorney's Office.

Farias said that under the Texas Election Code, all candidates must follow the Code of Fair Campaign Practices that states that: "I will not permit the use of character defamation, whispering campaigns, libel, slander, or scurrilous attacks on any candidate or the candidate's personal life....

"I will not use campaign material of any sort that misrepresents, distorts, or otherwise falsifies the facts, nor will I sue malicious or unfounded accusations that aim at creating or exploiting doubts without justification, as to the personal integrity or patriotism of any opponent...

The code that every candidate signs with the state also states that a candidate "will immediately and publicly repudiate methods and tactics that may come from others that I have pledged not to use or condone. I shall take firm actions against any subordinate who violates any provision of this code..."

Farias said that all candidates' who have signed the code have their pledges on file with the Ethics Commission.

At the time, Farias said that Nelson's mere disavowal of the ads would not do.

"If Judge Nelson didn't sign the code of fair campaign practices, why didn't he?" she asked. "He may just try to wash his hands of responsibility by saying it was a committee that did it, but that is not very credible. The Ethics Commission requires any "committee" acting on a candidate's behalf to get the candidate's authorization for an ad."

Farias said that Nelson's "wanton disregard for complying with the law...caused irreparable damage...to her livelihood and reputation...and "was intended to injure (me)...exposing (me) to public contempt and ridicule, financial injury (calling into question my) honesty, integrity, virtue, and reputation."

She is asking the court for $300,000 in personal damages, loss of earnings, loss of earning capacity, mental anguish, defamation of character and personal integrity.

Additionally, she is asking the court to award for $3 million in exemplary damages because he maliciously allowed the use of the expunged material "with his consent and knowledge" to achieve his personal gain.

A hearing has not been set on the case nor had Nelson been served as of Friday.