Wednesday, March 4, 2015













MONTOYA ANOTHER SWING AND A MISS ON TRUANCY COURT - NOW THE FACTS

UPDATE:  I have received information which resulted in an update concerning BISD and truancy courts.  I have learned that Randy Parks and Virginia Miller have also been key players for positive change.  The editorial changes have been made.

District Attorney Luis Saenz, upon learning his office, along with that of his predecessor, Villalobos had failed to assign an ADA to the JP courts, informed the JP's he would not assign an ADA for truancy cases because the county had failed to provide adequate funding for the position.  This is what brought the cases to an end. Upon learning this the truancy clerk stopped setting cases until an ADA is assigned.

Who has been in charge this entire time when it comes to budgets? Carlos Cascos.  But Cascos' failure to properly fund the DA's office is not an excuse for Saenz not assigning an ADA to the JP courts.

Saenz told the JP's if they were willing to hold all truancy hearings after 3 p.m. he would be able to reassign another ADA to the JP courts.  BISD just needs to take Saenz on a trial mandamus to force him to fund the position.

I documented that since at least 2005, the Cameron county DA has refused to assign an ADA to the JP courts.  The only time an ADA is sent is if there is a trial.  The JP's have nothing to do with the process.  A truancy clerk assigns call cases brought by BISD.  For years BISD and the truancy clerk failed to follow procedure, and one JP judge after another just continued the procedure as established by BISD, the truancy clerk and DA.

But the deal is, a complaint was filed, and now Mary Esther Garcia has to pay Juanito to create a distraction.  Why is it the JP's fault if the DA refuses to do his job?  Well when you are being paid you blame Linda Salazar, who will face Yolanda Begum in 2016, and Erin Garcia - because she is a just all around bogyman you can throw out to pass off any lie as a truth, you blame the past JP's and not the current ones who also processed truancy cases without an ADA in the courtroom.

THE JP COURTS NEED REFORM

Any number of Jonathan Gracia's staff and lawyers will tell you he is not working.  If you want your case to be heard you have to wait for when his law practice allows him to appear.

Mary Esther Garcia is not doing her job and the lawyers know it.

The end result is lawyers are filing cases with Linda Salazar - flooding her court.

IT IS TIME FOR A CENTRAL FILING SYSTEM

To avoid the forum shopping, and to insure all courts get the same number of cases, the county needs to fund a central office for JP courts.  A clerk needs to be hired to file all new cases while allowing the computer to assign each case to the next judge in line.

But we all know this will not happen.  - commissioners court will continue to allow for forum shopping thereby insuring very few cases go to Mary Esther Garcia or Jonathan Gracia.  This way it looks like Linda Salazar is not doing her job, while Mary Esther is speeding Gonzales.. 

HOW MINERVA PENA AND JOE RODRIGUEZ ARE DESTROYING HOPE

And for the record it is intended as a double entendre.  Sylvia Atkinson,  Randy Parks, and Virginia Miller are taking the lead to lead bring BISD truancy courts into compliance with the federal constitutional standards now being handed down by the courts around the country.  A number of school districts in North Texas are the target of a DOJ investigation after an ACLU complaint.

But with the voice for change to bring BISD into constitutional compliance gone, who will lead?.  Certainly not Minerva because she and Joe Rod will run cover for the likes of Rita Hernandez, Rose Longoria and Luis Segura even if it means innocent children being denied an education.

WHAT A MESS

Cascos fails to fund the DA's office, Saenz refuses to assign an ADA to the JP courts, and BISD rids itself of the one person trying to bring the process into constitutional compliance - given these hard core facts Juanito would blame the one person who has no control over any of this - the JP's and what's more only the JP's he is being paid to trash.

10 comments:

Anonymous said...

Who should be blame for the mess? Should the community blame Casco, Saenz, BISD, all the JP's, or the judicial system? It seems that the answer to the problem is neither of the above. The truancy problem exist because a child is not in school. Family values and traditions are simply going down the drain when a child is not guided in the proper manner. My father-in-law and his wife raised 10 children. A man with no education who had two jobs in order to support his family. There was no wealth to give to his children; however, he made sure that all his children understood the importance of family values in our society. All his children graduated from a University and are following in the same foot steps of their father and mother when it comes to family values. There is no truancy mess and nobody to blame if parents do their jobs.


BobbyWC said...

Well you are dead wrong - simplistic anecdotal evidence never proves anything.

My mom as a single mom of 7 never had to deal with truancy - we new the concept of consequences. - She perfected guilt -

So yes, in some cases a good parent can control the issue -

But what do you do when BISD plays a parent to put their child in a regular classroom when the child suffers from classroom anxiety?

I have dealt with this very issue - I had to learn the rules to force BISD's hand - in this child's case - not a problem - moving forward towards graduation - no more truancy problem.

Kids have problems which sometimes interfere with school - BISD gets an "F" on this issue

In fact this is the war between inept Area Superintendents like Rita Hernandez and special services. When a principal tell a special needs child they will be criminally prosecuted because they defended themselves from a bully making fun of the child as a special needs child - do you think that child is going to go back to school?

We had to fight tooth an nail on that one - and you know what the principal got for her incompetence in rewarding the bully? - she was made Area Superintendent over the Hanna Cluster - Teri Alarcon .

Parents can be a problem - but the incompetence of the BISD Board and one inept superintendent after another is the real problem.

Bobby WC

Anonymous said...

Unfortunately, the bad apples in Educational Leadership end up getting bumped to the Glass Palace. Once at the Glass Palace, these folks care little of what really goes on at the campus level. Its all about test scores. There are Principals out there that cater to teachers more for popularity. Student and parents needs are disregarded because the Principal is BFF with the teacher(s). Looks like the BISD is too busy with Board Lawsuits and Employee Grievances, and AA's asking for more money to even care about special needs.

Anonymous said...

Aren't you glad I helped you with that sing-and-a-miss thing? Funny how good grammar and proper phraseology helps writing.

Anonymous said...

Bobby, what is your opinion about the opening of the elections administrator position?

BobbyWC said...

Im happy for Chris and his family. It is twice as many voters. I think Chris learned some hard lessons and will do an excellent job in his new position. We need a tech person who understands the rules. I suspect the appointment will be political

BobbyWC said...

Yes nothing like a sing and a miss

Anonymous said...

What do you think about the selection of new county judge?

Anonymous said...

Hey Bob, since when are you such a Sylvia Atkinson Boy???? We all know you are an Erin Hernandez Boy, but Sylvia? That is new & interesting.

Oh Well let us all just sit back & wait for you to turn on them, because you will.

By the way try to type without so much medication in your system. Your posts show how groggy you are when writing your post.

Take care of yourself & don't stress. If you get sick not very many people will come to your aid, so take care my friend.

BobbyWC said...

I am no ones boy. I report facts. You hate facts. No one has refuted a word i have said about dr atkinsons work. And for the record on the marriage wsuver the licence said and judge coyls sign rhem. Jp have no authority to ignore the l i cense.

And gor the record my brain is foggy. I cannit tolerate the nuvigil. I currently have two surgeries scheduled. As to help not an issue. I have multiple people helping me with the house and. Driving when needed.

I know who I am. I am very happy with my group of friends and the support i. Getying. But the brain fog fwts worse by the day. The typing is bad because the train is rocking as i type on the phone. I should be at my sisters in about 30 minutes. A late dinner and then to bed.

Bobbt wc