Monday, October 21, 2013


Montoya during what I am sure was an orgasmic moment proudly posted on the Internet Erin Garcia has been sued in federal court.

Click for lawsuit

Judges are absolutely immune from suit.  They sued her as a judge under color of law.  The court will issue an immediate order of dismissal.  The only issue is will they be sanctioned for filing a frivolous lawsuit.  Now there is actually a question of law unresolved on this issue - because of their immunity they may not be able to request sanctions.

This is Mary Esther Garcia and Louis Sorola for political gain wasting your taxpayers money.

Just google it - absolute immunity for judges.

Also on the bond, the newly elected official files the bond with their oath of office - which means before they become a county official.  The county does not bid these type bonds.  Her brother's insurance company I am sure will be seeking sanctions.


Anonymous said...

Bobby get it together and go back to reading your law books. This was not a decision she made during court proceedings. Erin did not render a guilty or innocent verdict. This is deception (maybe even theft) by a public official. This is a civil case and maybe criminal. She did this on the administrative side and not as a sitting judge. You should know this. Basic Law 101. Did she or did she not pocket the waiver money is the question you should be asking Erin and if she did then you should be helping her defense attorney. This is serious and not a laughing matter. I know you don't like Yolanda but she wouldn't have done something as stupid as creating her own waiver charge the public and pocket the money. Yolanda has her own money she doesn't have to pocket (allegedly) $40 to take away marriages from the other JP's. The LOVE OF MONEY IS THE ROOT OF ALL EVIL.....

BobbyWC said...

First of all, your post and mine crossed. You posted while I was preparing mine - I am making clear there is no legal authority for anyone - JP or District Clerk to charge a fee.

As to the immunity issue I can tell you it is solid. An order is an order - The courts have dealt with this.

There is case law which says the immunity does not apply to administrative actions - you are correct - but the courts have found if they are acting pursuant to judicial duties it is not administrative.

The bigger issue which the courts do not want to deal with is, the jurisdiction issue. If they have no jurisdiction then they are not immune - but the courts later realized that every judge hit with a mandamus for acting without jurisdiction could be sued, they then qualified jurisdiction to mean acting as a judge verses a bad ruling.

Judicial immunity expands with every ruling.

It is my understanding the only reason an immediate motion to dismiss is not being filed is because the lawyers need commissioners court permission to file it - but it is ready to go or almost ready to go.

This is going to explode and take down a lot of people. Commissioners court better make sure it is doing exactly as its lawyers instruct them - if politics comes into this the county could find itself being sued by a lot of people.

If Sofia Benavides does not remove herself from Executive Session I can see a lawsuit being filed over that.

The biggest loser here will be Sofia Benavides - immunity will apply and her opponent in 2 years will blame her for the actions of her then son in law.

If in fact De la Garza has no legal authority to charge fees (Lubbock could be wrong and it may be legal) Sorola open a door which could cost the county a small fortune

Sofia's opponent will blame her

Personally I am hoping Lubbock is wrong - because the county needs the money
Bobby WC

BobbyWC said...

Also I am being told 3 JPs will testify that Joe Rivera's office through Letty Garza authorized the waivers and fees. If this is true, then the JP's did not create this - it was done under the guidance of the County Clerk's office.

But still no excuses - my view is - best to give the money back and take the civil issue off the table.

Bobby WC