Thursday, November 21, 2013



GETTING TO THE FACTS WITHOUT CLAIMING NEFARIOUS INTENT

The Cameron county marriage license received by the JP's prior to marrying a couple expressly states in ¶ 3c "Obtains a written waiver from a Judge of a Court."

Click here for back of marriage license

I met with the proper people in Joe Rivera's office and the form will be changed, to reflect the law.  The back of the license I chose is dated in October after the controversy started.  I do not expect the clerk's office to check every form all of the time to check for compliance with the law.  What I expect is for reasonable people to report the mistakes when they are discovered.  I understand just how many forms Joe Rivera's office is dealing with.  This mistake created no real injury to everyone.

SIDE NOTE:  When someone tells me they believe something written by Montoya, I ask them really?  The typical response will be - "but this time he sounded credible."  Well I get it.  I assumed he was telling the truth about where you go for a marriage license.  Even that he lied about.  To get this license I went to the Clerks Office on the 2nd floor of the courts building just down the hall from the JP courts.  How many times has he told us Judge Linda Salazar has someone waiting near the clerk's office to direct couples to her court just down the hall.  Well it is not just down the hall - the office is in a completely different building.  Just another lie to create another false story. 

Now if I were Montoya being paid by Joe Rivera's opponent I would take this as evidence of Joe Rivera's incompetence.  It is no such thing. 

Just this week, the United States Supreme Court ruled 5/4 against federal district court judge Yeakal's injunction against the new abortion laws.  For the record Yeakal is a Republican appointee [just do not want some fool posting he was a judicial activist Democrat and making a fool of themselves]

If we were to use the standard being urged by  Luis Sorola, Alex Dominguez, Juan Montoya, and all of their moronic follows, Judge Yeakal should be indicted along with the four US Supreme Court Justices in the minority.  According to these idiots none of these judges know the law and should not be on the bench.  If this clearly politically motivated argument were the rule, every sitting judge in the US would be unelected or impeached. 

Controversy as to the law happens in every case.  Judges are not expected to know every aspect of the law.  This is why lawyers write briefs to guide the judges through the law.  Judges quite frequently rely heavily on the lawyers to guide them through the law.  If this were not the case, why do you have to brief the issue twice to be heard by the US Supreme Court, or for that matter have to submit briefs in every appellate court in the US?

This explains the high reversal rate.  Also a high reversal rate is meaningless because the stats do not tell you how many cases were never appealed.

 

When you look to the statistical data for cases affirmed on appeal within the 13th Court of Appeals, which covers Cameron County, the majority of the cases are not affirmed.  Does this mean our trial judges do not know the law?  And if so, then does it become a basis for throwing then out of office?  No.  But mind you if I were to post Judge McDonald's reversal record, Montoya and his moronic supporters would claim all of a sudden actually never making a mistake is impossible and a judge making a mistake is not a basis to unelected them - well unless you are being paid to get Judge Erin Garcia unelected because of a possible mistake. 

The above is how we know it is 100% political and not an argument on the merits.

Below is the link for all appellate courts.  The numbers are basically the same all over the state.
http://www.txcourts.gov/pubs/AR2013/toc.htm  You can click on activity detail.

I do not care if you are a US Supreme Court Justice or a Justice of the Peace, when you first take the bench for the first month or so you are highly dependent on your staff to guide you through the process.  Judge Erin Garcia's predecessor sign 72 hour waivers along with several other JP's.  In fact clerk records show at least one JP is still marrying people before the 72 hour waiting period expires.

As  a JP her staff tells her there is a form she can sign to waive the 72 hour waiting period.  The license from the County Clerk's office says any judge of a court can sign the waiver.  As a JP until the problem is brought to her attention she had no reason to question what was happening.  Beyond this simple hard core reality, the law says any judge with family law jurisdiction can sign the waivers.  No one disputes JP's have jurisdiction in family law cases.  This is why one JP is holding his ground and still marrying people on less than 72 hours.

No one disputes that Aurora de la Garza and her chief civl clerk, Rosie Sheldon Sotelo are charging an illegal fee of $276 for a waiver.  The San Antonio Express news has verified this, and I verified it by calling the clerks office of every major county in the State?  We cannot have anyone questioning Rosie Sheldon Sotelo's competence because she is paying Montoya and McHale for silence.

It is not just the fee where she has shown incompetence - under her watch an employee was stealing child support money and an employee was sending cases to Limas, bypassing the system.  If she cannot manage just half the office with any level of competence, what makes anyone think she can manage the entire office?  Well money buys silence.

4 comments:

Anonymous said...

Excellent piece! Excellent
Accountability for ALL people that are supposed to uphold the law.

Anonymous said...

"Rosie Sheldon Sotelo's competence because she is paying Montoya and McHale for silence."

I do not know this lady. However, how can you prove the above statement? Is there a contract or document stating that both bloggers will remain silent. If so, can you display such item in your post.

BobbyWC said...

I have already verified she is paying Montoya $75 a month. He had wanted $150. I even know how much Constable Gomez is paying him.

Montoya never trashes the people who pay him. He knows they will sto[ paying him.

Do you really think you helped Rosie with such a question.

Montoya has raised hell over the so called illegal fee for a waiver being charged by the JP, something even Saenz says is not a black and white issue.

Saenz, the San Antonio Express News, and every major district clerk agrees Cameron county cannot charge the $276 fee.

You seem to be saying Montoya not making an issue of this fee by Rosie Sheldon Sotelo's department has nothing to do with the money she is paying him.

You did nothing to help Rosie by your post

Bobby WC

Bobby WC

Anonymous said...

Lmao. Anyone that reads his blog knows he's a hired gun. So long as you're paying him. Maybe he's got Gomez by the balls so that's why Gomez continues to pay. If you know Brownsville politics, you know how Montoya operates. Look at his sponsors, then look at his stories. If you're too naive to see what is very obvious to everyone else, then consider yourself part of the problem.