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Thursday, November 27, 2008
NO BACK UP: Shortage of judges complicates legal maneuvers during high-profile arraignments
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November 22, 2008 - 10:13 PM
By Laura B. Martinez, The Brownsville Herald
There was a time when Willacy County had more than just one sitting state district judge presiding over its cases.
For the residents living in this county of about 20,645, they probably wish that time had never gone away.
In an area where residents would probably be talking about football or the price of hay, talk has turned to the wrangling happening at the county courthouse,
which has placed this once obscure county - that not even Vice President Dick Cheney had heard of - into the national spotlight.
For more than 20 years, all Cameron County district judges would travel to and from Willacy County on a rotating basis to hear criminal and civil cases.
"There was no problem," said retired State District Judge Robert Garza, who presided in Cameron County's 138th State District Court for 20 years, and also tried cases in Willacy County.
Neither he nor the county's other judges disputed the rotations. He believes it was Willacy County officials who were concerned about the costs to the county.
"They wanted to cut down on the judges because they had to contribute to the judges' salaries," Garza said.
Officials there were also concerned about the money they had to dish out for the court reporters, court coordinators and security detail for the judges, Garza said.
In 2005, Senate Bill 1620 was passed and signed into law that stated the judge of Cameron County's 197th State District Court would preside over all cases in Willacy County. The bill was introduced by State Sen. Eddie Lucio Jr.
"I didn't think it was a good idea and I expressed that," Garza said. "I said, 'This is not right, you just can't do that.' I felt they should have had at least two to three judges (assigned to hear Willacy County cases)."
If multiple judges were still overseeing Willacy County, Garza believes conflicts would be alleviated and what is happening there today probably would not have occurred.
"If you had a problem with one judge, the other judge would take over," said Garza.
It's Garza's understanding that State District Judge Migdalia Lopez volunteered to be the presiding judge in Willacy County because it was a shorter drive for her since she lives in Harlingen.
Since Lopez took sole ownership over the Willacy County jurisdiction, she and Guerra have repeatedly clashed to the point where both filed indictments against one another in separate incidents, according to Freedom Newspaper archives.
In February 2007, Lopez appointed special prosecutor Gus Garza to investigate Guerra on allegations that he fixed cases in exchange for money from defendants. Around the same time, Guerra tried to get Lopez removed from the bench, alleging she could not be fair and impartial over cases.
Guerra was indicted in March 2007 on charges of theft, attempted theft, tampering with government records, perjury and abuse of official capacity. The indictments pertained to Guerra's attempt to shut down a bail bonds company and using county property for personal use.
The indictments were later thrown out due to lack of evidence to support the charges. Lopez appointed Garza as special prosecutor in the case.
In July 2007, Guerra was unsuccessful in bringing an indictment against Lopez - due to a lack of evidence - on allegations of obstruction of justice, making terroristic threats, criminal conspiracy and engaging in organized crime.
A grand jury indicted Lopez last week CQ in Willacy County on allegations of abuse of power.
Cameron County District Attorney Armando Villalobos said although it's not necessary for a judge and district attorney to be "best friends," it's important that they respect each other's profession.
Once respect is loss, "the lines get blurred," said Villalobos, who unlike Guerra, works with more than eight judges in both and county courts.
A judge's duty is to listen to cases and not to prosecute them while a district attorney's duty is to prosecute cases and not make rulings on them, Villalobos said.
Had Willacy County be assigned more than one district judge, the situation between Lopez and Guerra may not have escalated to the magnitude that it has reached, Villalobos said.
"This situation is a recipe for disaster," Villalobos said.
What appears to have happened in Willacy County is that it has become personal between Lopez and Guerra, officials said, and Cameron County is getting tossed into the mix with having to provide attorneys and possibly more judges.
When asked if there appears to be animosity between Lopez and Guerra, Villalobos replied: "That's pretty obvious."
