Tuesday, August 23, 2016


I BROKE A CARDINAL RULE ON PROPER LEGAL RESEARCH - JUDGE ELIA CORNEJO-LOPEZ IS OUT OF BISD RACE

Judges use to anger real fast with me while during oral argument I would hand them new legal opinions only hours old.  They hated it.  I would never go to court without first checking for the  latest case law. 

Well in this case I relied on an old AG opinion, instead of checking the current Canons on Judicial Conduct.  The Canons changed after the last AG opinion on the issue.

To my readers, I am sorry for not having done my job properly and relying on an old AG opinion.

CANON 5

(3) A judge shall resign from judicial office upon becoming a candidate in a contested election for a non-judicial office either in a primary or in a general or in a special election. A judge may continue to hold judicial office while being a candidate for election to or serving as a delegate in a state constitutional convention or while being a candidate for election to any judicial office. (4) A judge or judicial candidate subject to the Judicial Campaign Fairness Act, Tex. Elec. 


The on line complaint has been filed with the Commission on Judicial Conduct

UPDATE:

From a reader.  Elia's application as a matter of law is invalid.  Unfortunately only a candidate can challenge her application.  I cannot not.  I can file with the Commission, but only a candidate can file with BISD.

"Sec. 141.033. FILING APPLICATIONS FOR MORE THAN ONE OFFICE PROHIBITED. (a) A candidate may not file applications for a place on the ballot for two or more offices that:
(1) are not permitted by law to be held by the same person; and
(2) are to be voted on at one or more elections held on the same day.
(b) If a person files more than one application for a place on a ballot in violation of this section, each application filed subsequent to the first one filed is invalid.

11 comments:

Anonymous said...

This doesn't mean anything . Cameron County is the place where the rules and laws are not applied or followed ; especially for the people in positions of authority . Your headline is misleading ; I'll believe it when I see it.

BobbyWC said...

You fail to understand the Commission on Judicial Conduct will make the decision and not anyone in Cameron county.

Bobby WC

Anonymous said...

Rumor has it she's going to run, win, refuse office and Leo will be chosen to fill her seat. Leo's been itching for an elected position for so long but because he's a such a sleazy underachiever he could never get elected on his own.

BobbyWC said...

I have already suggested she is running to only resign if she wins. I have no idea who the replacement would be. But under this violation she can be removed as the judge of the 404th. She is beyond stupid if she does not withdraw from the BISD election immediately.

Bobby WC

Anonymous said...

Yep. The Canon on Judicial Conduct you cited affects her current holding of office, set to end in a little over 4 months.

But piling on, the Election Code has impact on her running for two positions in the same election. And quite simply, she legally can't.

Anonymous said...

If you still need Elia's original candidacy filing from BISD, they're hosting them on their website.

BobbyWC said...

Thank you - my readers are some of my best sources

Sec. 141.033. FILING APPLICATIONS FOR MORE THAN ONE OFFICE PROHIBITED. (a) A candidate may not file applications for a place on the ballot for two or more offices that:
(1) are not permitted by law to be held by the same person; and
(2) are to be voted on at one or more elections held on the same day.
(b) If a person files more than one application for a place on a ballot in violation of this section, each application filed subsequent to the first one filed is invalid."

Bobby WC

Anonymous said...

Unfortunately only a candidate can challenge her application.

Actually, the filing authority of BISD can review and reject her application if they deem it doesn't comply with law and/or procedure.

Question is, will they?

BobbyWC said...

No because they are part of the con. Saldana will never follow the law. We were in law school together. he will do what ever he is told to just be needed and have a job

bobby WC

Anonymous said...

If Judge Lopez was like any other candidate such as a newcomer no one would have a problem with her running but since ppl know she can get thousands of votes everyone has a problem. My vote is for Cata. She fights just as tough with less support. Its gonna be a good race.

BobbyWC said...

The BV has always been about process and i have gone after significantly lesser candidates. She is breaking the rules, and needs to be held accountable

Bobby WC