Perry gets green light to appoint judges for new courts

Texas Attorney General Greg Abbott’s office says Gov. Rick Perry can appoint two judges to Cameron County’s new state district court.

However, Abbott’s office did not say how the courts will be funded.

The attorney general’s office issued the opinion on Wednesday, 37 days after Perry asked Abbott if he could appoint judges to the newly created 444th and 445th courts. County leaders say there’s no money to fund them.

County Judge Carlos H. Cascos learned of the opinion Wednesday afternoon and said his concern is where the county would house the new courts.

“Night court may be the answer,” Cascos said, adding that the county cannot go back and revamp the 2007-2008 fiscal budget to accommodate funding for the new courts.

“The critical issue is where are we going to put them. We don’t have any place” to house the new courts.

It’s estimated the new courts would cost the county $1.4 million in salaries, constructions.

The ruling does not change matters for Perry, who thinks the courts should have judges appointed, said Krista Moody, spokeswoman for Perry.

Three people have applied to be judges, but that does not necessarily mean Perry will choose from among them, Moody said. Perry does not have a timeline for filling the appointments, she said.

In the meantime, if the county has no place for the courts, those who receive the appointments could garner a $125,000 salary as required by the Texas Legislature.

The courts were created by Senate Bill 1951. Perry signed the bill, which took effect on Sept. 1.

When Commissioners Court approved a resolution in support of a court in March, they believed one new court would be created on Jan. 1, 2009.

Cascos maintains that somewhere in the legislative process the bill changed and called for the creation of both courts.

In July, he requested Perry hold off making any appointments because of funding issues.

The county judge said he plans to bring up the issue for discussion at Tuesday’s Cameron County Commissioners meeting.

State Rep. Rene Oliveira, D-Brownsville, had tried to intervene on the county’s behalf saying Perry was playing politics at the expense of Cameron County.

Oliveira has no problem with the governor making appointments, but doesn’t believe the county should be forced to pay for something it cannot afford and this is something voters may remember during elections.

“Anybody who sought this appointment and takes it, I think is going to carry some heavy baggage coming Election DayÂ…” Oliveira said.

“If he or she forces Cameron County to fund this when, No. 1, the court is not needed right now, and No. 2, our budget can’t handle it, I believe that candidate is going to look awfully selfish.”