Tuesday, April 7, 2015


Since March 26, 2015, Judge Rolando Olvera has been sitting on a Motion to Enforce filed by Claudia Oliva, former wife to Jerry McHale.

03/26/2015  Post Judgment - Enforcement (OCA)
Motion for Enforcement and Order to Appear
03/26/2015  E-Filed Order
Order to Appear
03/26/2015  Exhibits

The subject gag order at issue is an unconstitutional prior restraint in addition to being vague and overbroad on constitutional grounds. The Motion to Enforce should have been denied the day it was filed. 

Judge Olvera by doing nothing has proven that when it comes time to enforce the First Amendment, he will sit and do nothing so as to not offend his friends, like Viro Cardenas.  Being a federal judge is serious business.  The Senate should vote no on confirming Judge  Rolando Olvera as a life time federal judge.

The people of Brownsville deserve at least one federal judge who takes upholding the law seriously.  Judge Rolando Olvera has proven politics comes ahead of the constitution.   This makes him a very dangerous potential federal judge.


Anonymous said...

What has Rolando Olvera done to gain the respect of the people? Nothing! He got appointed only to lose, then switches parties. He has shown that he will do anything to be judge. He should not be considered.

Anonymous said...

You know whether not they also submitted an order setting the matter for hearing?

BobbyWC said...

As my post shows an order of show cause was submitted - it is signed and then served upon McHale to appear at a date certain to show cause why he should not be held in violation of the gag order.

I have done many of these. All Judge Olvera has to do is sign the show cause order with a date to appear and then it is served. The record shows the fee was paid for the subpoena.

Bobby WC

BobbyWC said...

Its is possible the clerk has mis-entered the data - but the public data shows an order to appear was filed and this is the order which sets the hearing.

If there is a defect in the Motion, then the judge denies the order to appear - it is that simple.

I have done more of these than I care to remember.

Bobby WC