NOVEMBER 5, 2013
SAN ANTONIO — A Cameron County justice of the peace makes a strong case for requiring those who hold these positions to have a law license. She has been charging couples to sign waivers to the state mandated 72-hour waiting period between obtaining a marriage license and getting married.
Justices of the peace preside over small-claims court, truancy cases, evictions and civil matters that involve $10,000 or less, and handle traffic tickets. State law allows any U.S. citizen who is at least 18 years old and has resided in Texas for a year and in a justice of the peace district for six months to seek the office. They don't even have to have ever cast a ballot in an election.
When the positions were created, it probably made sense to allow nonlawyers to hold those offices, especially in far-flung rural locations where population was sparse and there might not be a lawyer for miles around.
The rules don't make much sense in an urban setting or for heavily populated communities. Lack of knowledge of the law by a judge holding court can be a dangerous thing.
Complaints about the behavior of justices of the peace have historically made up the bulk of the workload for the State Commission on Judicial Conduct. Most of the reprimands issued to justices of the peace by the commission are directly attributable to their lack of professionalism and understanding of the law.
One of the biggest perks for justices of the peace is conducting marriages for a fee, which goes straight into their pocket.
Erin Garcia, justice of the peace in Precinct 2 in Cameron County, not only charged $150 for weddings, she charged an additional $25 for signing the waivers. In Bexar County, only district judges are allowed to sign those documents, and no fee is charged. Cameron County District Attorney Luis V. Saenz has requested an opinion from the Texas attorney general on the issue. It should have gone to a grand jury instead. (Emphasis ours)
Personally profiting from signing judicial orders is not part of any judicial description and should not be tolerated.
Justices of the peace preside over small-claims court, truancy cases, evictions and civil matters that involve $10,000 or less, and handle traffic tickets. State law allows any U.S. citizen who is at least 18 years old and has resided in Texas for a year and in a justice of the peace district for six months to seek the office. They don't even have to have ever cast a ballot in an election.
When the positions were created, it probably made sense to allow nonlawyers to hold those offices, especially in far-flung rural locations where population was sparse and there might not be a lawyer for miles around.
The rules don't make much sense in an urban setting or for heavily populated communities. Lack of knowledge of the law by a judge holding court can be a dangerous thing.Complaints about the behavior of justices of the peace have historically made up the bulk of the workload for the State Commission on Judicial Conduct. Most of the reprimands issued to justices of the peace by the commission are directly attributable to their lack of professionalism and understanding of the law.
One of the biggest perks for justices of the peace is conducting marriages for a fee, which goes straight into their pocket.
Erin Garcia, justice of the peace in Precinct 2 in Cameron County, not only charged $150 for weddings, she charged an additional $25 for signing the waivers. In Bexar County, only district judges are allowed to sign those documents, and no fee is charged. Cameron County District Attorney Luis V. Saenz has requested an opinion from the Texas attorney general on the issue. It should have gone to a grand jury instead. (Emphasis ours)
Personally profiting from signing judicial orders is not part of any judicial description and should not be tolerated.
15 comments:
Woo hoo! chew on that, Erin! "Legal experience counts." HA! Your mommy stole your election for you and this is how you repay her?! Bunch of vermin!
OMG! Was she the only J.P. doing this?
No, just the only one singled out.
Wow. Than San Antonio Express has already rendered their opinion on Erin Hernandez and they are looking to see what the DA Luis Saenz will do? If he doesn't do any thing to Erin Hernandez he will be the laughing stock of Texas. A man with no balls. How sad that he had to ask the AG for an opinion. Why is he so scared of the Hernandez? Rumor is they have him wrapped around their little finger and this is just a show and dance routine. The rumor is he is buying time to let this die down. Guess What DA will remember this. IF you don't go after her Cameron County will remember.
HA HA HA!!! Express news assumes she's so ignorant of the law she can't possibly be a lawyer. Where did she go to law school again?
way to go alex Begum, let everyone who reads this bullshit blog know you are up to your eyeballs in this...
In a nut shell what the San Antonio Express is saying is if DA Luis V. Saenz had balls as big as his mustache he would go after Erin Hernandez. Obviously that his mustache is the only thing visible of the current DA. What a disappointment that we have a Political DA who only cares about going after the common man that is poor and can't afford an attorney but is scared to after crooked, caught red handed elected officials especially the Hernandez. What a shame. Very disappointed with him. More liked disgusted.
You obviously love,"this bullshit blog"! Pendeja!
Why is Zeke turning on Luis? We call know the flow of his limited writing skills.
Miss "You deserve legal experience" evidently can't research a simple code, And the only one defending her is a disbarred lawyer!! Too funny.
Stay away Cameron County is an embarrassment! This woman knows EXACTLY what she was doing !!!!juas keep the flow of her sad thievery! And he continues to run for Commissioner! Una bola de put as y puta!!!!
Thx Zeke job well done!
like i have said Rats run in the family.
NO JUSTICE ever in the County of Cameroon. ALWAYS about political compadrismo and back-room deals!
An Elected Official does not have to be in his office 8-5 .. they are exempt ... and yes those are the perks of putting up with the kind of thinking like yours.!!!
Don't forget you are there to serve us! That's what you ran for! We are your boss and that is it! Loser!
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