(3) A judge shall resign from judicial office upon becoming a candidate in a contested election for a non-judicial office either in a primary or in a general or in a special election. A judge may continue to hold judicial office while being a candidate for election to or serving as a delegate in a state constitutional convention or while being a candidate for election to any judicial office."
TEXAS CODE OF JUDICIAL CONDUCT (As amended by the Supreme Court of Texas through August 22, 2002)
By Juan Montoya
On the morning after 404th District Court Judge Elia Cornejo-Lopez filed to run for the contested Position 5 on the November 8 election for the board of trustees of the Brownsville Independent School District, local blogger Robert Wightman emailed us a comment where he said he had filed a complaint with the Texas Commission on judicial Conduct.
His complaint is a companion to one filed with the commission by incumbent Catalina Presas-Garcia today.
Wightman, if it was really him that sent us the comment, states that Cornejo-Lopez "is already out" and that he had sent his complaint to the commission early today.
We hope we are not being taken in by a prankster, but in reading the Judicial Canon Wightman cited above (Canon 5, [3]), it would appear to the average layman to be pretty clear that once a judge enters a contested election (there are five candidates running for Position 5 held by incumbent Caty Presas-Garcia) for a non-judicial office (BISD board of trustees) either in a primary or general election (Nov. 8 is a general election), he or she "shall resign."
Wightman posted to us that he is sending the tear sheet requested by the commission staff. If applying for place on the ballot and then actually getting on the ballot is enough proof to make Cornejo-Lopez resign, the proof is all there on the BISD website for all to see.
The, as the dialogue on the issue continued, someone cited the Texas Election Code that prohibits running for two positions on a ballot.
Sec. 141.033. FILING APPLICATIONS FOR MORE THAN ONE OFFICE PROHIBITED. (a) A candidate may not file applications for a place on the ballot for two or more offices that:
(1) are not permitted by law to be held by the same person; and
(2) are to be voted on at one or more elections held on the same day.
(b) If a person files more than one application for a place on a ballot in violation of this section, each application filed subsequent to the first one filed is invalid."
Does this mean that Cornejo-Lopez has no choice and can no longer serve as judge having abdicated the position by her filing for BISD trustee? Or does that mean that the BISD can remove her name from the ballot and leave her as judge?
And will the commission linger in their decision until after the Nov. 8 election?
If Cornejo-Lopez's filing was done in moment of blind rage, it may have been a hefty (and embarrassing) price to pay for a fit of anger.
His complaint is a companion to one filed with the commission by incumbent Catalina Presas-Garcia today.
Wightman, if it was really him that sent us the comment, states that Cornejo-Lopez "is already out" and that he had sent his complaint to the commission early today.We hope we are not being taken in by a prankster, but in reading the Judicial Canon Wightman cited above (Canon 5, [3]), it would appear to the average layman to be pretty clear that once a judge enters a contested election (there are five candidates running for Position 5 held by incumbent Caty Presas-Garcia) for a non-judicial office (BISD board of trustees) either in a primary or general election (Nov. 8 is a general election), he or she "shall resign."
Wightman posted to us that he is sending the tear sheet requested by the commission staff. If applying for place on the ballot and then actually getting on the ballot is enough proof to make Cornejo-Lopez resign, the proof is all there on the BISD website for all to see.
The, as the dialogue on the issue continued, someone cited the Texas Election Code that prohibits running for two positions on a ballot.
Sec. 141.033. FILING APPLICATIONS FOR MORE THAN ONE OFFICE PROHIBITED. (a) A candidate may not file applications for a place on the ballot for two or more offices that:
(1) are not permitted by law to be held by the same person; and
(2) are to be voted on at one or more elections held on the same day.
(b) If a person files more than one application for a place on a ballot in violation of this section, each application filed subsequent to the first one filed is invalid."
Does this mean that Cornejo-Lopez has no choice and can no longer serve as judge having abdicated the position by her filing for BISD trustee? Or does that mean that the BISD can remove her name from the ballot and leave her as judge?
And will the commission linger in their decision until after the Nov. 8 election?
If Cornejo-Lopez's filing was done in moment of blind rage, it may have been a hefty (and embarrassing) price to pay for a fit of anger.
17 comments:
The commission prefers the master sheet over the herald article. Can you get it to me and I will send it in. Bobbywc58@yahoo.com. No it is me. I am not voting for anyone in this election. I will be rerunning my article on why Castro still has a felony conviction independent of the order which says otherwise. We are going to have clean candidates, even if my work means helping Presas-garcia winning. I have always been about process and always will be
Bobby WC
Yawn . Another Wightman complaint filed. Do they even get read? So only Bobby knows the law? You think Cornejo doesn't have a plan for that ? This is Cameron County ! No District Attorney , voter apathy , corruption rampant . ..etc. Why do you think Mike Hernandez is messing around down here? Pura basura !
Nobody I know bothers with Wightman's blog. Too sissy.
A reader just informed me of the following: From the election code
Sec. 141.033. FILING APPLICATIONS FOR MORE THAN ONE OFFICE PROHIBITED. (a) A candidate may not file applications for a place on the ballot for two or more offices that:
(1) are not permitted by law to be held by the same person; and
(2) are to be voted on at one or more elections held on the same day.
(b) If a person files more than one application for a place on a ballot in violation of this section, each application filed subsequent to the first one filed is invalid.
Only a candidate can challenge her application, not a voter. But anyone can file with the Commission on Judicial Conduct.
BISD will never reject her application because she is part of a plan
bobby WC
There goes Changa Reyes. Honestly no one stands a chance against Judge Lopez. She will win and win by a large margin. My vote is still for Cata but you've got to respect an opponent like Lopez. Whatever shebruns for she wins.
One is from Southmost the other one from La Muralla and they both see themselves as Brownsville's "elite" because NOW they live in "upper" subdivisions and not "barrios".
The women is a big ass bully has NO business running ! E crept out of this county !!!!!!!!!
Only a candidate like Cata can demand BISD remove Elia from the ballot based on the election code as referenced above. BISD of course will not, but the commission will act fast on this one. BISD will have egg on its face with Cata being able to say she is fighting for honest elections while Zendejas and Rodriquez are trying to corrupt it.
Everyone knows I will not be voting in this election, but if Cata files a request to remove Elia from the ballot with BISD and they do not, she gets the issue with the voters of the one fighting for honest elections. This is a win for her.
Erasmo is going nowhere. That will leave the anti-Cata vote being split to the point she wins
Bobby WC
Lopez will win, after she wins she will step down and when she steps down, the trustees will appoint someone in that seat. The same thing with Carlos Elizondo, he is waiting till after the elections, he will step down and the board will assign someone in that seat.
The Blimp doesn't know shit. STFU, BLIMP
Elia isn't goint to give up a $180,000 job for a volunteer position....her heart isn't that big, and she obviously likes to eat. Her husband can't match her salary. Consider another thing....she withdraws and then swings her support (a lot of weight any way you look at it) to another candidate. That would get lots of attention.
If she is elected to the BISD Board, a large number of local lawyers are going to have a big party over her departure from the bench. Obviously she will leave a large chair to be filled.
Elia and Miguel Salinas's wife, Elena, are Best friends forever, so Miguel would not have the ball to tell his wife's best friend she can not run???
Salinas has a wife? No way.
Mrs. Caty Presas will win!!!!! Thank you for all your work for the Brownsville children, you are the only one.
Did you contact the FBI Bobby? Heads will roll!!! They told me so!!!! :P
Erasmo Castro El Bravo hiring. Or The Brownsville herald.
Post a Comment