As evidence cascades of improprieties committed in the court of JP 2-2 Erin Garcia Hernandez regarding the issuance of 13 fraudulent waivers of the 72-hour waiting period for marriage ceremonies, observers say that the suspect waivers were issued to an overwhelming majority of Mexican-born applicants and the fees were not reported to the Cameron County District Clerk as required by law.
And a local attorney who specializes in family law says he is filing a complaint against Garcia-Hernandez with the State Commission on Judicial Conduct for her alleged violation of a number of state requirements having to do with those marriages.
Garcia-Hernandez has been in office since December 2012 and started issuing the "waivers," – which she manufactured in her office – as early as February 2013. She is the daughter of Pct. 2 Cameron County Commissioner Ernie Hernandez.
Luis Sorola said he has mailed the complaint to the commission where he alleges that Garcia -Hernandez violated the Texas Family Code Section 2.204 that "provides that a marriage ceremony cannot take place for 72 hours after a marriage license is issued.
"It is possible to obtain a waiver of the 72-hour waiting period but pursuant to Texas Family Code Section 2.204 (c), a Justice of the Peace is not authorized to issue the waiver."
Sorola attached copies of the 13 marriage licenses in which Garcia-Hernandez conducted the marriages within the 72 hours of the issuing of the licenses.
Included in complaint 13 is a copy of the fraudulent "waiver," and the application for the license.
"Justice of the Peace Garcia not only charged for the ceremony, she also charged for the fraudulent waivers," Sorola charged.
Additionally, Sorola's complaint include a copy of all the marriages (270 as of October 15) conducted by Garcia-Hernandez during the time she has held office and says that a review of her bank deposits in the appropriate funds, "she has not claimed all of the funds received by her for conducting marriage ceremonies on her Personal Financial Statement.
"Justice of the Peace Garcia violated the Texas Family Code by her conducting the marriage ceremonies illegally, issuing fraudulent waiver and charging money for them," Sorola charged. "The money went into her pocket and was not disclosed on her Personal Finance Account." And just how much money are we talking about?
In order to file a waiver, a $250 fee must be paid for each one with the Cameron County District Court as if one was filing a case. Since there is no record of any filing in that court, she owes the district court $3,250. At a $40 fee that she charged per "waiver," that amounts to an additional $520. Since she charges $250 per wedding ceremony based upon these fraudulent waivers, that's another $3,250. The total owed the district clerk and the potential refunds to the couples is $7, 020.A review of the 13 marriages performed with these "waivers," indicates that 10 of them were issued to people who listed their birthplaces somewhere in Mexico. This leads many to believe that the couples were getting married to facilitate the legalization of their immigration status. This may have included acquiring residency, or even citizenship. What the outcome of those applications will be if immigration authorities question the validity of the ceremonies performed by Garcia-Hernandez is open to question.
12 comments:
Ernie, you fucking idiot! You forgot to tell your fugly daughter that you cannot protect her from the State. For whatever reason, you only have pull or just plain luck in Cameron County. I hope that the sanction is harse and she will have to leave office!
What about criminal charges? Abuse of office, personal enrichment, etc. LOCK THESE FUCKERS UP!!!!!!!
The only thing worse than a crook is a petty crook. This idiot girl is stealing chump change by violating the law.
I guess the thought it was free money and she would never be caught. What kind of a fool is she?
alamo, well we already knew what she was capable of doing and that was to get into office to make lana, so we cant cry about now, like geoprge lopez says, so let us hope that the SCJC will have a field day and kick her out, Orale charlie.
juan, you know that as with most of your stories nothing ever comes out of them. this makes you look so small, vato.
I am not familiar with Texas law but in the states I know there is a residency requirement before a couple can be married. Given that Brownsville has a "fluid" population, how the hell do you tell where someone lives or even in what country? Can illegal aliens be married in Texas? Can someone with a Mica be married?
The county clerks issue the licenses , not the judges.
Just for info:
Texas Penal Code, Section 37.10 Tampering with Governmental Record.
(a) A person commits an offense if he:
(1) makes, presents,or uses any record, document, or thing with knowledge of its falsity and with intent that it be taken as a genuine governmental record;
(4) possesses, sells, or offers to sell a governmental record or a blank governmental form with intent that it be used unlawfully.
Texas Penal Code, Section 39.02 Abuse of Officical Capacity.
(a) A public Servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly:
(1) violates a law relating to the public servant's office or employment; or
(2) misuses government property, services, personnel, or any other thing of valve belonging to the govenment that has come into the public servant's custody or possession by virture of the public servant's office or employment.
WOW! 13 counts of 37.10 and 39.02. State jail felonies too.
Besides all of these she and her staff are distributing campaign push cards il over the court
She'll get voted out with her dad, just like Solomon Ortiz Jr when Ortiz lost. So who is running against her?
Louis Sorola filing a complaint? I wonder if it has anything to do with the fact that his on again off again girlfriend Mary Ester Garcia is running for a JP spot as well? Again,just petty Brownsville political news.
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