Special to El Rrun-Rrun
The documentation has not been entered into the docket, but supporters of Cameron County Sheriff Eric Garza report that 445th District Court Judge Gloria Rincones issued an order Friday disqualifying Cameron County counsel Juan Gonzalez from the proceedings in the case brought by the county against Garza over courthouse security.The order is noted, but not included, in the docket entries Friday.
Garza's contention was that Gonzalez – while ostensibly advising the sheriff on his rescinding of the Memorandum Of Understanding with former sheriff Omar Lucio transferring courthouse security to Pct. 2 Constable Abel Gomez – was simultaneously advising the county commissioners to file a lawsuit against the sheriff.
"On or about March 26, 2021, Juan Gonzalez, while still acting as legal counsel for the Sheriffs Office, had a telephonic meeting with the Constable's Office and certain courthouse security personnel, specifically regarding the possibility of getting sworn in by the Sheriffs Office," Garza's motion to disqualify Gonzalez reads. "It is (the sheriff's) contention that he advised certain employee(s) to get sworn in by Sheriff Garza, to create a cause of action against (Garza) by the County."
Garza's contention was that Gonzalez – while ostensibly advising the sheriff on his rescinding of the Memorandum Of Understanding with former sheriff Omar Lucio transferring courthouse security to Pct. 2 Constable Abel Gomez – was simultaneously advising the county commissioners to file a lawsuit against the sheriff.
"On or about March 26, 2021, Juan Gonzalez, while still acting as legal counsel for the Sheriffs Office, had a telephonic meeting with the Constable's Office and certain courthouse security personnel, specifically regarding the possibility of getting sworn in by the Sheriffs Office," Garza's motion to disqualify Gonzalez reads. "It is (the sheriff's) contention that he advised certain employee(s) to get sworn in by Sheriff Garza, to create a cause of action against (Garza) by the County."
"On or about March 30, 2021, while purporting to be representing Sheriff Garza in the process of transferring the positions, budget and requesting a special meeting for consideration, Juan Gonzalez sent the attached correspondences, which the Sheriff took as legal advice from his attorney and assurances that he was following the process, as best he could, considering the situation," the motion continued.
"On or about April 12, 2021, prior to Commissioners Court authorization and while still purporting to legally represent Sheriff Garza, Juan Gonzalez attained the affidavits/verifications of Abel Gomez, Xavier E. Villarreal, and Gilberto Elizondo," it charged.
"This was done in advance of commissioners' court's approval to file suit against Sheriff Garza and mostly importantly, he did so while still purporting to be acting as legal counsel to Sheriff Garza. On April 13, 2021, the Cameron County Commissioners held a meeting in executive session with Juan Gonzalez present, and at that time authorized the Civil Legal Division to file suit against their client, Sheriff Garza."
"...By purporting to represent Sheriff Garza, while simultaneously preparing to file a suit against him, Juan Gonzalez has violated multiple rules of disciplinary conduct and has made himself a necessary witness in this action," Garza's lawyers asserted.
Garza's lawyers stated that the Texas Rule of Disciplinary Professional Conduct 3.08 states that:
(a) A lawyer shall not accept or continue employment as an advocate before a tribunal in a contemplated or pending adjudicatory proceeding if the lawyer knows or believes that the lawyer is or may be a witness necessary to establish an essential fact on behalf of the lawyer's client..."
"If...the lawyer's testimony concerns a controversial or contested matter, combining the roles of advocate and witness can unfairly prejudice the opposing party," Garza's motion asserts. "A witness is required to testify on the basis of personal knowledge, while an advocate is expected to explain and
comment on evidence given by others. It may not be clear whether a statement by an advocate-witness should be taken as proof or as an analysis of the proof."
"Juan Gonzalez was the attorney representing the (county) in the events leading up the lawsuit and was providing administrative guidance and direction to the Sheriffs Office, the Constable's Office, courthouse security personnel and the County. Based on the rules cited above, Juan Gonzalez's actions, "dual-representation" and personal knowledge of the relevant information, his testimony and
disqualification is required."
10 comments:
First of all we, as citizens of Cameron county must remember that Eric Garza, our local sheriff, was former District Clerk for Cameron County. He is not a wet behind the ears actor as he claimed to portray. He had been playing as possum behind the corruption in Cameron County. He along with his attorney, planned, knew, willingly, intentionally, setup this plan to mock us the citizens. He has knowledge of mostly all attorneys, judges, commissioners, police officers including the Dist. Attorney that have committed some type of corruption in the past. Remember the words "prior", and "Purporting", which means to allege or claiming to be. Remember also the words "Nepotism", and "Conflict of interest", all violations to our so called Texas Rule of Disciplinary Professional Conduct 3.08, but who cares or give a damn, because after all< (NO ONE), enforces the law. Eric Garza knows damn well what he is doing and is playing the card of "Quid pro quo".
How many lawsuits and secrets did the County hide from the citizens during the years of Omar Lucio/Reynas? Always being protected by County attys.
The bottom line is that it's a political agenda.
Try looking up the legal term - Adjudicated Guilty. Adjudicated guilty is legal term used in criminal cases, can be used whether you plead no- contest, plead guilty, or not guilty and go to trial. If found guilty after the "adjudication process" meaning the Judgement, (declaration by a judge), then the sentencing phase is alternatively decided by a judge who can withhold the judgement, (adjudication). This is all in the judge's discretion. Bingo, Eric Garza as former employer as Cameron County District Clerk knows many, many friendly judges. Pay back favors for favors- Quid pro quo" fits like a glove. Does expungement come next? This is the corruption beauty of the Cameron county judicial system in full force. This is my opinion
What a waste of a vote for this garza! What a waste of money for a lawsuit that in my opinion could have been handled like adults! But isn't this the democrat way? Look at the same shit that this worthless man in the White House is doing! But, wait and see we're going to have to pay for it in the end, and I mean as taxpayers! That POS in the White House is already proposing financial institutions report transactions in amounts of $600.00 or more to the IRS! Yep, that' right! He wants to make back the money that they gave out and those high dollar infasturcture deals that are lining pockets in Congress! Yes, those who voted for this POS are going to have to pay also! Just like the higher prices of everything since that POS came into office!
The circus continues puros pinches payasos
Strange that Chief Felix El Chapo Sauceda can't find anyone to name as his new Commander??
Well welcome to the circus...let's give you a brief tour of this circus action far..you can't make this shit up!!
So here we go..welcome to the show!
Act #1..
Brownsville Police Chief Felix Sauceda, He may carry the title of Chief but more than half of his own people don't respect the the guy...I dare call him a man when half his people won't even call him CHIEF..
but it's not his fault he had never really been a true supervisor at any level.
As a sergeant he wasn't on the streets for very long and was then moved to evidence room and the city jail.
He was then moved over to the Special Investigations Unit where he really messed things up, comprised himself and the Police Department, and probably would be sitting in jail somewhere if it wasn't for the kindness of the former Chief Orlando Rodriguez.
Sauceda was removed immediately than allowed to promote where he became a Lieutenant and spent his time as the commander's secretary, where most of his time was spent sending out emails and planning to get revenge on others who have gad a far superior career than him.
Now for the rest of the story: As Commander Dale's secretary he dreamed of sitting in the Commanders chair and was caught on several different occasions sitting in the big chair..
Then Commander Dale became entangled in a power struggle with Commissioner Jessica Tetreau over guess who? Of course, Diane Martinez.
The fight was over Diane's scheduling because she refused to work late and did not want to work weekends. The Sgt. Assigned to supervisor her was scared of her that he decided to inform the Lieutenant he reported to guess who it was Felix Sauceda. SAUCEDA ALSO STAINED HIS PANTIES AND ran to his BOSS Commander Dale.
But since Sauceda and Diane have history, and Sauceda knew that Commander Dale who has a pair and would do what was right for the department.
*Sauceda sees an opportunity and puts the two on a collision course*;
Sauceda tells Diane to get Jessica involved.
Commissioner Tetreau then calls Dale told him to change Diane's schedule immediately and threatened to end his career if she didn't get her wish.
Well here is where it all got crazy. Ex-Chief Orlando Rodriguez had already put in for retirement so he left the most senior commander in charge, who was James Paschal.
Then, Lt. Sauceda now capitalizing on his opportunity to advance and made friends with Tetreau promising that if he was made chief of police he would take care of the commissioners best friend Diane. So the story unfoldes; At the order of Tetreau, acting chief Paschall then demotes Commander David Dale and makes Sauceda Acting Commander – a position he holds very briefly – and a short period later, to everyone's surprise, he is named chief over some very qualified individuals. COME to find out Felix Sauceda takes the job cause he made an arrangement with the City Manager Bernal he would take a pay cut at a rock bottom price...SAUCEDA, FELIX J 310 - Police Administration $119,999.98.
CITY Manager Bernal now sees the desperation of Sauceda how he can not only control the Police Department but the extra money he cuts from the Police Department he can give give himself a raise..
Great Going Chief Sauceda and city manager Noel Bernal. Y'all have now made yourself look like the total idiots you truly are!
#worstchiefever....
SEE Act#2..
Just wait till the media finds out how Eddie and his commissioners screwed all county employees... first they give the county employees money that was alreadyyyyyy owed to them... then they approve there own raises.... thennnnn they make each and every employee pay for there insurance which has alwaysssss been free.. a rumor has has it is that a call was made to hr and asked why and the response was they want to save money lol... yet Eddie and the puppets raise our taxes and supposedly wnt to give the county employees a 2% raise... wow omg how much more can these thiefs get away with... stay tuned Eddie the media is coming and alllllll will be revealed.
Looks like you'll be hitting the 300 pound scale very soon - hot dogs anyone? idiota
What's he holding a under arm spray can? Can't tell the difference between a spray can and a pistola pendejo.
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