ERIN IGNORES THE OATH OF OFFICE SHE PROMISED RESIDENTS; INFO REQUEST FILED FOR HER OFFICE BANK ACCOUNT

By Juan Montoya
Last November 20, itching to take over the unexpired term of the late JP 2-2 Tony Torres, Erin Garcia-Hernandez – daughter of Pct. 2 commissioner Ernie Hernandez – took her oath of office before county clerk Joe Rivera before other office holders took theirs at the beginning of the year.
Raising her right hand, she swore before God and the U.S. Constitution to "faithfully and impartially discharge the duties required by law and promptly pay to the entitled party all the money that comes into his hands during the term of office."
The affirmation of that oath is attached to the Western Surety Company official bond and oath document kept on file with River's office. The oath binds the justice of the peace to the county in the sum of $5,000.
That oath taken by justices of the peace is markedly different than that taken by other office holders. The main difference is the promise of "prompt payment of money" to the county.
Texas law does not allow a justice of the peace from issuing waivers to the state-mandated 72-hour waiting period between the issuance of a marriage license and the performance of the ceremony. The Texas Family Code is specific in that only judges in district courts, family courts, appellate judges, and supreme court justices can issue the waivers.
In fact, the process is well known in Cameron County. The county clerk has the applications forms needed to be filled out and sends the applicants to the Cameron County District Clerk where another form is filled out for a district judge or family court judge to sign granting the waiver.
The applicants pay the required $237 fee to the district clerk, It is filed and recorded as if it were a new case, and the JPs can then marry them and charge them their fee, in Erin's case, another $250.
Form the documentation we have, it appears that the JP 2-2 judge circumvented this process. Instead of having them go the district clerk route and through a district judge, she manufactured a "waiver" form from her office and charged them a $40 fee which she kept for herself, shortchanging the county of $237.
*On February 8, she married a couple who did not fit the waiver requirements. She charged them $40 for a fraudulent waiver, $250 for the ceremony, and did not pay the county $237 with the district clerk's office.
*On May 3 she married a couple  she married a couple who did not fit the waiver requirements. She charged them $40 for a fraudulent waiver, $250 for the ceremony, and did not pay the county $237 with the district clerk's office.
*On May 9 she married a couple who did not fit the waiver requirements. She charged them $40 for a fraudulent waiver, $250 for the ceremony, and did not pay the county $237 with the district clerk's office.
*On May 28 she married a couple who did not fit the waiver requirements. She charged them $40 for a fraudulent waiver, $250 for the ceremony, and did not pay the county $237 with the district clerk's office.
*On June 10 she married a couple who did not fit the waiver requirements. She charged them $40 for a fraudulent waiver, $250 for the ceremony, and did not pay the county $237 with the district clerk's office.
*On June 10 she married a couple who did not fit the waiver requirements. She charged them $40 for a fraudulent waiver, $250 for the ceremony, and did not pay the county $237 with the district clerk's office.
*On June 21 she married a couple who did not fit the waiver requirements. She charged them $40 for a fraudulent waiver, $250 for the ceremony, and did not pay the county $237 with the district clerk's office.
*On July 1 she married a couple who did not fit the waiver requirements. She charged them $40 for a fraudulent waiver, $250 for the ceremony, and did not pay the county $237 with the district clerk's office
*Also on July 2 she married a couple who did not fit the waiver requirements. She charged them $40 for a fraudulent waiver, $250 for the ceremony, and did not pay the county $237 with the district clerk's office.she married a couple who did not fit the waiver requirements.
*On July 8  she married a couple who did not fit the waiver requirements. She charged them $40 for a fraudulent waiver, $250 for the ceremony, and did not pay the county $237 with the district clerk's office.
*On July 26  she married a couple who did not fit the waiver requirements. She charged them $40 for a fraudulent waiver, $250 for the ceremony, and did not pay the county $237 with the district clerk's office.
*On August 9  she married a couple who did not fit the waiver requirements. She charged them $40 for a fraudulent waiver, $250 for the ceremony, and did not pay the county $237 with the district clerk's office.
At least 13 such marriages were performed by the JP 2-2, resulting in a shortchanging of the county of some $3,081. She charged $40 per "waiver," resulting in a cash flow to her of $520 plus the $250 per wedding ceremony she performed ($3,250), resulting in her pocketing $3,770 for herself.
This apparent freedom giver her office has resulted in a freedom of information act request from local attorney Luis Sorola filed with county administrator Pete Sepulveda and county treasurer David A. Betancourt requesting "monthly bank statements showing all deposits, credits, checks, expenditures, and/or withdrawals for the depository account assigned to Justice of the Peace, Pct. 2 Place 2, Erin H. Garcia. To be specific, I am referring to the county account that is assigned to the Justice of the Peace. I am requesting copies of the statements beginning December 1, 2012 through September 30, 2013."
We have now heard reports from courthouse regulars that the embattled justice of the peace is saying "everybody else did it" and protests that she shouldn't be singled out. However, this does not change the fact that the fraudulent waiver form emanated from her office, that she issued the waivers without authority, or that she profited personally from the fees she charged and shortchanged the county its $237 fee.
How long before the other shoe drops?