Constable Bazan’s pay cut off

EDINBURG - Constable Eduardo "Walo" Bazan will no longer receive a paycheck as he fights a felony theft conviction, the Hidalgo County Commissioner's Court decided Monday.

But Bazan's attorney, Kelly McKinnis, hopes to return the five-term incumbent back to the Precinct 5 constable's office in the next few months.

"He's been re-elected," McKinnis said. "He desires to continue fighting for himself and his constituents."

Last month, the Texas Supreme Court upheld a judge's decision to suspend Bazan after his 2006 conviction on charges he took a car seized by his deputies for his own personal use.

Since then, though, the constable has continued to show up for work in violation of the order. He maintains he has not taken any law enforcement action since his suspension but is only performing the community-oriented actions - such as patroling around schools and offering free funeral escorts - that have made him so popular among Delta residents.

Last week, the commission decided to keep giving him a paycheck during his suspension. Commissioners changed their minds after finding out about a state attorney general's opinion that indicated his pay should be suspended as well.

In a 3-1 vote, commissioners decided to suspend Bazan's pay until his appeals process is resolved. Precinct One Commissioner Sylvia Handy, a long-time ally of the constable, was the only dissenting vote. If Bazan were to be successful through his appeals process, the county would owe him his backpay.

Also Monday, McKinnis filed a lawsuit asking a judge to declare Bazan's suspension order unconstitutional.

"The Texas Constitution only authorizes one way to remove a constable," he said. "You have to have a jury do it."

A hearing date has not yet been set in the case.

Bazan, 70, was re-elected last month to a sixth term by a wide margin, despite his ongoing legal issues.

As constable, he manages an office charged with delivering court documents and instituting minor law enforcement authority for the Delta region.