In re Chacon

138 S.W.3d 86, 2004 Tex. LEXIS 1466, 2004 WL 937205
CourtTexas Supreme Court
DecidedApril 26, 2004
DocketNo. 89
StatusPublished
Cited by1 cases

This text of 138 S.W.3d 86 (In re Chacon) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Chacon, 138 S.W.3d 86, 2004 Tex. LEXIS 1466, 2004 WL 937205 (Tex. 2004).

Opinions

OPINION

HEDGES, Chief Justice.

Before this Review Tribunal1 is an appeal from the recommendations of the Tex[89]*89as State Commission on Judicial Conduct (“Commission”) that Respondent Martha Chacon be removed as Judge No. 89, Justice of the Peace, Precinct No. 2, Eagle Pass, Maverick County, Texas, and further, that she be prohibited from holding State judicial office in the future. The Commission adopted the majority of the findings of the Special Master and found that Respondent exhibited incompetence in the law and misused her authority in the performance of her official duties. Respondent has rejected the findings, conclusions, and recommendations of the Commission and, in response, challenges the findings and ultimate recommendations that she be removed from office and prohibited from seeking judicial office in the future. We affirm the Commission’s recommendations.

Procedural History

The record in the present case establishes that on October 7, 2002, Respondent was served with a Notice of Formal Proceedings.2 On January 23, 2003, the Supreme Court of Texas, upon request of the Commission, appointed the Honorable Frank Montalvo as Special Master to hear evidence on the charges and report thereon to the Commission. On July 21-23, 2003, the Special Master conducted a formal hearing on the merits at the Maverick County Courthouse in Eagle Pass, Texas. On August 6, 2003, the Special Master filed his Findings of Fact, in which he concluded that Respondent’s judicial conduct exhibited incompetence in the law and the willful or persistent misuse of her authority by allowing her personal relationships to influence her judgment in the performance of her official duties.

On October 8, 2003, a hearing before the Commission was held in Austin, Texas, regarding Respondent’s Statement of Objections to the Report of the Special Master. On January 6, 2004, the Commission filed its Findings, Conclusions, and Recommendations, in which the Commission, taking its previous rulings on Respondent’s objections into consideration, adopted and affirmed the Special Master’s Findings of Fact. In a letter to the Supreme Court of Texas dated January 6, 2004, the Commission requested that the Court appoint a Review Tribunal as provided by Article Y, Section l-a(9) of the Texas Constitution. On January 14, 2004, the Supreme Court appointed this Review Tribunal to review the Commission’s recommendations that Respondent be removed from office and prohibited from holding judicial office in the future.

Judicial Misconduct

The review of evidence concerning allegations of judicial misconduct is certainly not an obligation which the members of this Tribunal take lightly. An opinion issued by a previous Review Tribunal reminds us that the standards to which we hold ourselves must be higher than those observed elsewhere:

In a civilized society, members of the judiciary are significant public figures whose authority necessarily reaches all points within their respective jurisdiction[s], if not beyond. Members of the judiciary of the State of Texas, whether a municipal judge in Fort Stockton, a justice of the peace in Cameron County, the county court at law judge in Liberty County, a state district judge in Ozona, a [90]*90justice on the Sixth Court of Appeals, Texarkana, or the Chief Justice of the Texas Supreme Court, all serve as the collective guidon of the banner representing fairness and impartiality in our state. It is for this reason, plus others, that the judiciary must nurture and maintain respect for their decisions, as well as the judiciary of the State of Texas as a whole. The Texas jurist must be held to the highest standards of integrity and ethical conduct, much more so than the standards to which members of the executive and legislative branches are held accountable. Consequently, the ultimate standard for judicial conduct in the State of Texas must be more than effortless obedience to the law, but rather, must be conduct which constantly reaffirms one’s fitness for the high responsibilities of judicial office and which continuously maintains, if not furthers, the belief that an independent judiciary exists to protect the citizen from both government overreaching and individual self-help.

In re Barr, 13 S.W.3d 525, 532 (Tex.Rev.Trib.1998). It is with this solemn reminder that we consider below Respondent’s challenges to the Commission’s Findings, Conclusions, and Recommendations.

Summary of the Evidence

The record before this Tribunal reveals several incidents giving rise to the complaints against Respondent. Because the factual sufficiency of the evidence is challenged, we review each incident below. Jose Francisco Gonzalez and Melissa Vil-legas

In or around October 2000, Jose Francisco Gonzalez and Melissa Villegas executed a contract with Oscar Reyna (“Reyna”) in which Reyna agreed to build a house on a lot they owned. Reyna had no interest in the real property. Upon completion of the house, the parties had a disagreement. Reyna filed a complaint for forcible entry and detainer in Respondent’s court on or about May 15, 2001. Gonzalez was served with notice of the suit the next day, and the citation instructed him to appear in court on May 18, 2001, at 11:00 a.m. The citation was defective under Rule 739 of the Texas Rules of Civil Procedure 3 in that it gave him inadequate notice of the hearing and did not inform him of the right to request a jury trial. Villegas was never served. The attorney for Gonzalez and Villegas asserted in a legal brief that the court had no jurisdiction over this claim because it involved a question of title to land. Respondent granted Reyna his requested relief. Gonzalez’s appeal to the county court was unsuccessful.

On July 2, 2001, Respondent authorized the issuance of writ of possession for the property in favor of Reyna. The writ was served the next day. On July 10, at around 10:45 a.m., Maverick County Deputy Sheriff Juan Garcia executed the writ. Reyna and his employees helped remove the personal property of Gonzalez and Vil-legas from the house under the supervision of Deputy Garcia. Gonzalez and Villegas were not told where their personal property was being taken.

[91]*91Sheriff dispatcher Alejandro Espinoza received a call at about 2:05 p.m. from Respondent. She advised him to instruct Deputy Garcia to arrest Gonzalez and Vil-legas for contempt of court arising from their interference with Deputy Garcia’s duties. None of the actions taken by Gonzalez and Villegas took place in Respondent’s court or in her presence. Gonzalez was arrested for contempt of court. At the Maverick County jail, he was processed on the charge of interfering with a peace officer’s duties, not for contempt of court. On his booking card there is an unexplained white-out alteration.

Deputy Garcia testified as follows: he made a mistake regarding the actual charge. Based on Gonzalez’s interference with the execution of the writ, Garcia made an independent judgment call to arrest Gonzalez. Although Garcia contacted Respondent’s office for advice, the decision to arrest Gonzalez was his alone.

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138 S.W.3d 86, 2004 Tex. LEXIS 1466, 2004 WL 937205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-chacon-tex-2004.