Local judges warned

The State Commission on Judicial Conduct recently admonished two justices of the peace, finding that the disciplinary action was necessary in a continuing effort to protect public confidence in the judicial system.

The commission, which monitors the conduct of judges, issued the public warnings March 9 against Los Fresnos Pct. 6, Place 1 JP Gustavo "Gus" Garza and Pct. 2, Place 2 JP Tony Torres.

Garza is a licensed attorney who has practiced law for more than 26 years.

He was admonished for numerous violations of the Texas Code of Judicial Conduct, including providing spankings as an alternative to $500 fines for disciplining children in his courtroom. Parents felt compelled to spank their children in court when they could not afford the fines, the commission learned.

"I understand their (the commission's) function and they performed their function as best they thought they could. I respect them. I performed (my function) as best as I thought I could," Garza said Tuesday.

The commission disciplined Torres for mishandling a small claims case. The commission also ordered that Torres obtain six additional hours of instruction.

This is the third time that the commission sanctioned Torres. The commission issued him a public admonition in June 1996 for dismissing a small claims case without any cause for such a ruling. He again was issued a public admonition in August 2000 for using his name and position in political advertisements for the re-election of Cameron County Sheriff Omar Lucio.

"I'm not going to fight it," Torres said of the commission's third sanction. "But I really love my job and enjoy my job. Everybody makes mistakes," Torres said.

The commission will also be assigning a mentor for Torres to ensure that Torres takes the additional instruction.

In Garza's case, the commission said that he agreed that the paddling conducted in open court was embarrassing for the students and their parents; however, it was his opinion that any lack of order or decorum in the courtroom caused by this practice was outweighed by the positive results, including reduced filings of truancy cases by the school district.

The commission found that Garza exceeded his authority by providing parents and the school district with a "safe haven" for the administration of corporal punishment.

"Judge Garza routinely facilitated and permitted the paddling of juveniles in his courtroom thereby clothing the practice with an improper judicial blessing," said the commission. The commission added that the paddling subjected the students and their parents to public embarrassment, humiliation, fear and pain.

A long list of procedural violations by Garza also were noted by the commission which stated that he "willfully and/or persistently" failed to follow the law in the conduct of his court.

The paddling came to a stop last year after parents and students brought a civil lawsuit in state district court to end the paddling.

Garza said Tuesday that the problems with truancy, disrespect and delinquency continue. "You name it, it's there," Garza said. "Maybe we can go back to the older ways," he added.