History favors plaintiffs in corporal punishment cases

Spanking minors in a courtroom has brought Texas judges serious consequences, ranging from private and public sanctions to banishment from judicial office, public records reflect.

Now, through a lawsuit filed Wednesday in state district court against Cameron County Pct. 6 Justice of the Peace Gustavo "Gus" Garza, parents Mary Vasquez and Daniel Zurita of Los Fresnos are seeking the judge's removal, along with unspecified damages.

The Los Fresnos parents filed the lawsuit on behalf of their 15-year-old daughter, who appeared before Garza's court in April for truancy. The couple alleges that Garza threatened the girl and Zurita, her stepfather, that she would be found guilty of a criminal offense and fined $500 unless Zurita spanked her in the courtroom.

The family is also seeking the state court's ruling that justices of the peace in Texas lack the authority under state law to order the corporal punishment of minors as part of a punishment for truancy or as part of a rehabilitation plan.

Seana Willing has been with the State Commission on Judicial Conduct for nine years. She was the commission's general counsel and is now the executive director.

"We have had relatively few complaints filed about the issue, but as a result of those cases, the commission has issued some form of discipline against the judges for engaging in such conduct," Willing told The Brownsville Herald.

She couldn't say if complaints against judges involving corporal punishment would be considered unusual, noting that it depends on the facts of each case.

"In the end, the concern should be the fact that the judges are acting without legal authority and may be violating the law, may be exposing the county and themselves to liability for acting outside the scope of their legal authority, and may be creating a circus-like atmosphere in the courtroom by allowing such conduct," Willing said.

Among three cases in the state involving corporal punishment in the courtroom since 2002, the most notable is that of former Justice of the Peace Thurman Bill Bartie from Jefferson County, who was forever barred by the State Commission on Judicial Conduct in 2004 from holding judicial office.

Bartie, who resigned in 2003, reputedly had a string of unusual conduct, but incidents involving corporal punishment factored in the state agency's recommendations that he be removed and banished from judicial office.

According to public records, Bartie threatened to hit juveniles on the head with his gavel, punched a juvenile in the chest, and hit another juvenile on the head with his knuckles.

"(Bartie) also took his belt off and handed it to parents and encouraged the parents to whip or beat their children with the belt," the commission reported through findings in the case. "These events took place in the courtroom."

The public record also reflects that, in 2002, the commission issued a public reprimand to then-Justice of the Peace John Robert Kleimann of Montgomery County.

Mike Rooney appeared before Kleimann in May 2001 with his 11-year-old foster son, who was cited to appear before the judge for using profanity at school, public records reflect.

After Kleimann heard Rooney describe the boy's unruly conduct at home and at school and how discipline had been unsuccessful, the judge remarked, "what he needs is a good butt-dusting."

The record further notes that when Rooney explained that he was not allowed to spank any of the foster children. Kleimann indicated that Rooney could spank the boy and directed a deputy constable to give Rooney a paddle.

The paddle was about 18- to 24-inches long, contained holes bored into the flatter end and had a special grip on the handle. Rooney swatted the boy's buttocks three times and later said that he feared the judge would jail him if he refused the order. A witness said that it was not the first time that a child was paddled in court.

The commission found that although judges have discretion to order appropriate discipline, such as community service, "they have no authority to order a foster parent to paddle his or her foster child."

The commission issued a private sanction against a judge in 2004. The commission's summary in that matter stated that, "the judge's actions and suggestions regarding the administration of corporal punishment by parents to their children constituted willful or persistent conduct that cast public discredit upon the judiciary or administration of justice."