Monday, April 1, 2013

THE TEXAS CHIEF JUSTICE MUST APPOINTING A VISITING JUDGE TO THE MARGARITA OZUNA CASE


UPDATE:

The initial case was done through the 107th, but it has now been assign to Judge Janet Leal's court - the recusal issue still stands

Local and Regional Administrative Judge Rolando Olvera has made his position clear on the issue of "justice must have the appearance of justice."   He believes this is a legal concept to be ignored.  This is dangerous because when the acts of a judge puts this legal concept into question their recusal is mandatory.  Judge Rolando Olvera has effectively abolished this very important basis for recusal.

Judge Leonel Alejandro and Judge Menton Murray have both been tied to the corruption of former Judge Abel Limas.  If Alejandro and Murray were sitting judges that would be one thing - you cannot remove a sitting judge on a mere accusation.  But Judge Olvera has made the decision that not withstanding the sworn to testimony in the Limas case he is going to continue to appoint both of these former judges as visiting judges.  This is wrong.  We will allow the Commission on Judicial Conduct to decide this question. 

The people do not have confidence in the judiciary of Cameron county.  This bothers Judge Olvera not - in Cameron county justice does not have the appearance of justice.  Judge Olvera has chosen to only encourage the people to believe the system is hopelessly corrupt by and through his continued assignment of former Judges Alejandro and Murray as visiting judges.  It is truly a con - they each get paid their retirement and wages as a visiting judge - while never having to  face the electorate which does not trust them.

In the Margarita Ozuna case the judges of Cameron county are too tied to the politiqueras either directly or indirectly to be trusted to hear the case.  Judge Euresti must recuse himself from the case.  It is not only a question of Judge Euresti's own history it is the threat the politiquera system has on his reelection if he does not rule the "correct way."

The law then provides that Judge Olvera appoint a visiting judge.  Judge Olvera has made it clear he cannot be trusted to appoint a judge the people can trust.  We need look no further than his continued appointment of Judges Alejandro and Murray.  There is no appearance of justice in Judge Olvera's appointments.

The law also provides that Judge Olvera can ask that the Chief Justice of the Texas Supreme Court make the appointment.  This is what he must do.

But it does not end there.  This case is too important to be  trusted to a former judge who is not accountable to the people.  The visiting judge must be an elected judge from outside the Valley - Houston or Dallas perhaps.  I would go one step further and state because of the legal issues in the case, the visiting judge should be a sitting court of appeals judge.

If the Chief Justice wants this case to have the appearance of justice, this is exactly what he will do.

3 comments:

Anonymous said...

It ABSOLUTELY has to be an outsider! If we want this to look transparent, we can't have a local judge with local ties overseeing this case. Speak up people!

Michael Cowen said...

The case is not pending in the 107th.

Here is the docket sheet:





Criminal Docket; Case 2013-DCR-00484 17055; CARRIER ENVELOPE ACTION BY ASSISTING VOTER
THE STATE OF TEXAS vs OZUNA, MARGARITA et al

Filed 03/20/2013 - Disposition:
103rd District Court, District Clerk, Cameron County, Texas


Date Description/Comments Reference Typ Amount
03/20/2013 Indictment or Information (OCA) Original Case Filed by Indictment or I nformation (OCA) and CR-43 " .00
Order Transferring Cause Order Transferring Cause " .00
03/25/2013 Journal Entry Order Transferring Cause from the 197t h District Court and referred to the L ocal Administrative Judge for re-assig nment (due to conflict of interest) si gned and entered. " .00
Order Order Transferring Cause from the 197t h District Court to the 103rd District Court " .00




Anonymous said...

It needs to be a judge from another district. Maybe a district that doesn't lie on the border. All of our local judges have been involved in some way with these politiqueras.