(Ed.'s Note: We received this interesting note from a former Texas Constable commenting on the plan by Judge Eddie Treviño and the Cameron County Commissioners Court to sign a Memorandum of Understanding asking a constable to carry the commissions and supervise bailiffs under justices of the peace outside his precinct. The debate has reached the point where Cameron County District Attorney has been asked to request an opinion from Texas Attorney General Ken Paxton. Below is Goodson's take. We thank him for his submission!)
In: Politics
There are only two elected law enforcement officers specifically named in the Texas Constitution: the sheriff, and the constable. Generally, across the State of Texas, if the commissioners could get rid of the constables in their county, they would.
Statutorily, the constable has only two required duties: to serve process issued by the justice court in his or her precinct, and to serve as bailiff in the justice courts in his or her precinct. Beyond that, the constable can do as much or as little as desired in regards to enforcing the law.
Inasmuch as the sheriff is responsible for the security of the county courts in his or her county, the constable is responsible for the security of the justice courts in his or her precinct. Court security is not up to the court justices. The only discretion a precinct court justice has (Justice of the Peace) is the court security fund… a certain amount of money collected by the justice court for certain fines.
The constable is elected by the voters in his or her precinct. The office of the constable is a separate and autonomous agency… just like the sheriff’s office. The constable is the head of that agency.
Try telling that to the commissioners in Cameron County, Texas!
This morning, I received an email with a copy of a request for opinion from the Attorney General’s Office that was submitted by Cameron County District Attorney Luis V. Saenz submitted on behalf of Cameron County Precinct 5 Constable Eddie Solis.
The request included text of an interdepartmental memo issued by the Commissioners Court directing the Precinct 3 Constable to carry the commission of bailiffs hired by the three individual Precinct 5 justices. http://links.govdelivery.com LINK
The supervision of the bailiffs would fall under their respective Justice of the Peace, and not with the constable that was directed to carry their commission.
This isn’t some kind of legal loophole, this is flat out subversion of the laws and Constitution of the State of Texas! It directly undermines the office of the constable and an insult by the commissioners of the voters in his precinct!
The relationship between the Commissioners Court and the Office of the Constable is not typically amicable. A few years ago, Travis County Precinct 5 Constable Carlos Lopez gave a presentation at a conference that was attended by county judges from all over the state. He used up all of his allotted time to speak, but announced he would be available on the side to field questions. More than one county judge sought out Constable Lopez to ask, “How do we get rid of our constables?” (The answer was, of course, “you can’t.”)
During my term as constable, I was denied a measly $100/wk increase for fuel to perform my duties. I was paid a total of $1325/mo, and I had to pay all of my expenses out of that money, and by the time it was all said and done, I was paying more to do the job than I was paid by the county. A commissioner remarked to me, in open court, "Well shame on you for doing a good job."
It’s understandable the Commissioners Court generated the un-Constitutional memo that undermine’s the office of Cameron County Precinct 5 Constable. Commissioners all over the state have exercised calculated hostilities toward constables as a matter of semi-common practice.
This isn’t some kind of legal loophole, this is flat out subversion of the laws and Constitution of the State of Texas! It directly undermines the office of the constable and an insult by the commissioners of the voters in his precinct!
The relationship between the Commissioners Court and the Office of the Constable is not typically amicable. A few years ago, Travis County Precinct 5 Constable Carlos Lopez gave a presentation at a conference that was attended by county judges from all over the state. He used up all of his allotted time to speak, but announced he would be available on the side to field questions. More than one county judge sought out Constable Lopez to ask, “How do we get rid of our constables?” (The answer was, of course, “you can’t.”)
During my term as constable, I was denied a measly $100/wk increase for fuel to perform my duties. I was paid a total of $1325/mo, and I had to pay all of my expenses out of that money, and by the time it was all said and done, I was paying more to do the job than I was paid by the county. A commissioner remarked to me, in open court, "Well shame on you for doing a good job."
It’s understandable the Commissioners Court generated the un-Constitutional memo that undermine’s the office of Cameron County Precinct 5 Constable. Commissioners all over the state have exercised calculated hostilities toward constables as a matter of semi-common practice.
6 comments:
Let's not forget about another duty for Constables,,, funeral processions. This is the only time those underqualified officers get to use their sirens and lights. This is the most action they see, running off other motorists in order to allow the cars in the procession to drive through intersections. These idiots are going to kill someone one of these days!
Let’s not forget Constable Abel Gomez shaking down the people who were owners of the illegal gambling places received kicks backs or shall we say demanded
The Bailiffs were foolish enough to sign a petition to be removed from Texas Local Government Code 158 and retain Civil Service protection several years back. Now they have no career protection due to severe lack of foresight.
And these bailiffs would be commissioned through the Pct.# 3 Constables Office where the current Constable Adrian Gonzalez is the most corrupt person of all? Who isn't surprised by a move like this? You want to do something illegal? Hmm... let's see who is stupid enough and not the sharpest tool in the shed that we can get to do this for us? Of course! Adrian Gonzalez! You want to do corrupt things get the most corrupt person to do it! It's simple! He haws several skeletons in his closet not to mention he was terminated for a past law enforcement position with the county for failing a drug test! Now you give someone like this power? Cant wait to see what happens next!
Yes, some of the Constables also do funeral escorts as service to the community, unless your Pct. 3 Constable Adrian Gonzalez who gets paid cash under the table to provide funeral escorts to a certain funeral home outside his precinct! Nothing like corrupt elected officials abusing their office and getting paid for special favors!! PINCHE RAZA! Why don't you investigate these stories Juan!
I thought they are not supposed to charge for funerals? That is not right if he is taking money from families in desperate need of help, but you know what knowing him and his family it doesn't surprise me at all. I just hope he uses all that money he gets under the table to take care of all of his own kids that he has abandoned all over Cameron County!
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