ERIN TRIES THE LIMAS DEFENSE: EVERYONE ELSE DID IT

By Juan Montoya
Perched on the convenient soap box provided to her by the Brownsville Herald, Justice of the Peace 2-2 Erin Hernandez-Garcia admitted she issued and sold questionable waivers for the state-mandated 72-hour waiting period between the issuance of the marriage license and the wedding ceremony but that she did it "in good faith" and that other JPS's were "allegedly also issuing the waivers."
This is an interesting statement coming from a candidate to the JP's office who asserted that the voters in her would have "the legal experience you deserve."
She admitted not only to following the interpretation of other JPs who don't have a law degree (left unnamed in the story) but also that she is not certain whether the law authorizes JPs to issue waivers.
"If the law is in black and white, there is no need for the (Texas Attorney General's) opinion (which Cameron County District Attorney Luis Saenz is seeking) or if it is open to some interpretation," she told the Herald.
True to form, Hernandez-Garcia has been adept at playing the "gray area" between legality and violations of the statutes for some time now.
In 2009, the county signed a contract for vending machine services with with Norma Hernandez, wife of Pct. 2 county Ernie Hernandez and Erin's mother. However, when he ran for commissioner, the renewal was with CV Services and his daughter Erin (Hernandez) Garcia signed the contract on behalf of the company.
There's more.
If that didn't pass the stench test, consider this.
When Norma Hernandez submitted the proposal to Cameron County in 2009, she identified herself as the owner of C V Services. As Emma Perez-Treviño, then reporter for the Brownsville Herald  noted at the time: "According to Cameron County’s vending machine policy, "The County prohibits operation of machines on county property of which profits go to county employees or county elected officials."
Everyone could see that the name changes and the shuffling of ownership of the company doing business with the county was just a ploy to keep the profits in the family. But the curious thing about this is that no county legal eagle never seems to have bothered to consult the state code to determine if the stratagem passed the conflict of interest test.
It is this kind of "legal experience" that the Justice of the Peace brings to public service.
And remember this?
For as long as anyone sitting on the commissioners court can remember,Flood, Public Official Bonds and Law Enforcement life insurance has been awarded – after Requests For Proposals were issued, evaluated and awarded – to Johnny Cavazos Insurance. Following Cavazos death last October, his widow notified the county on Oct. 12, that she was closing the office and that she would no longer be servicing the policies after Oct. 31. The RFP which gave Cavazos the contract for insurance would have expired August 22, 2013. She told the court that the policies had been issued by Western Casualty Insurance and they could go there for inquiries.
On Nov. 5, Cavazos' longtime associate Sandra Tamez offered to continue providing the service.
Mrs. Cavazos notice and Tamez's offer forced the county to issue RFPs for the service which were sent out, received, and evaluated with the recommendation that the polices be awarded  to Tamez's Legacy Insurance during the court's Dec. 6, 2012 meeting. The motion passed unanimously, including Ernie himself voting to approve the contract. The county pays for the bonds of all its elected officials.
But that window of opportunity – between Oct. 31 and Dec. 6 when Legacy's RFP was approved – was not to be wasted. Hear the gnawing?
Newly-voted Justice of the Peace 2-2 Erin Hernandez Garcia (Ernie and Norma's daughter) took office to fulfill the unexpired term of Tony Torres on November 30. Instead of turning toward Tamez's Legacy Insurance, she turned to another vendor.

Wouldn't you know it? That vendor turned out to be none other than her brother, owner of CNA Surety, with its agent of record Ernie J. Hernandez, doing business out of 1425 FM 802, Ste. R, in Brownsville. In case you missed the connection, that's the commissioner's son and the justice of the peace's brother. What conflict of interest, say you?
This tendency to skirt the law relating to doing business with your family when you are a public official has been fudged for as long as anyone can remember the Hernandezes.
The overriding question, of course, has been, who keeps the money?
In her mea culpa story in the daily, Erin Hernandez never denied issuing the fraudulent waivers, but she never volunteered to say (and the reporter conveniently didn't ask) what she did with the money.
She said she issued the waivers because someone had to go to work or lose their job is he didn't get the waiver.
She's a lawyer, right?
If she had consulted the Family Code she would have found out that the law is very specific in that regard. It states:
The Law, per Section 2.204 of the Texas Family code, requires that a marriage ceremony may not take place during the 72‐hour period immediately following the issuance of the marriage license unless:
(a) An applicant is a member of the armed forces of the United States and on active duty;
(b) An applicant is not a member of the armed forces of the United States but performs work for the United States Department of Defense as a department employee or under a contract with the department;
(c) Completes a premarital education course described by Section 2.013, and who provides to the county clerk a premarital education course completion certificate (Together in Texas) indicating completion of the premarital education course not more than one year before the date the marriage license application is filed with the clerk; Or,
(d) An applicant obtains a written waiver;
 An applicant may request a judge of a court with jurisdiction in family law cases, a justice of the Supreme Court, a judge of the court of criminal appeals, a county judge, or a judge of a court of appeals for a written waiver permitting the marriage ceremony to take place during the 72‐hour period immediately  following  the issuance of the marriage license.  The Judge shall execute the waiver if the judge finds that there is good cause for the marriage to take place during the 72‐hour period.  The judge shall sign the waiver.
Where, pray tell, is having to go work a valid reason for issuing the waivers. even if, as she claims, she might have had the dubious authority to issue it?
Since when – except for student truancy – does a JP have jurisdiction over family-law cases.
If that is the case, then a municipal judge – who can marry and divorce couples – should be able to issue waivers as well. This, of course, is nonsense.
The fact of the matter is that Erin – as an attorney – knew fully well that the only reason she issued the waivers for a lower fee than the district court ($25 to $40 instead of $237) was to beat neighbor JP Linda Salazar out of the marriage ceremony fee (variously reported at between $150 and $250).
It has been, characteristically of the Hernandezes, all about the money, hasn't it?