Rene Ramirez chosen interim Hidalgo County judge

Rene Ramirez, state Sen. Juan "Chuy" Hinojosa's chief of staff, has been appointed to fill J.D. Salinas' position in a  3-2 vote.

Precinct 1 Commissioner Sylvia Handy and Precinct 3 Commissioner Joe Flores voted against.

Earlier today, a temporary restraining order questioning the authority for outgoing Hidalgo County Judge J.D. Salinas to vote on his replacement was filed and rejected this morning.

In the temporary restraining order filed in the 370th state District Court, Servando Javier Herrera claims that Salinas is violating a clause in the Texas Constitution by holding two government positions at the same time.

Salinas announced Friday he would step down as county judge at the end of the month to take a White House appointment as a regional administrator with the General Services Administration, a move that has been expected for months.

The Hidalgo County Commissioner’s Court met this afternoon and selected Ramirez as interim judge.

As expected, Handy and Flores voted against Ramirez because they backed former County Judge Ramon Garcia as the interim county judge. Garcia, who is the only announced candidate for March’s primary, is expected to take the reins as the county’s chief administrator in 2011.

Commissioners Oscar Garza and Tito Palacios voted in favor of Ramirez.

If Salinas is given the authority to vote, he’ll cast a tiebreaking vote, a move Herrera sought to stop in the temporary restraining order.

Herrera claims his understanding of the state law is based on news reports he heard on his way to the bathroom.

In the petition, he argues that both the judge’s position and the regional director with the General Services Administration are civil offices, which the state constitution prohibits from holding more than one at any time.

“Under the law of the State of Texas, upon Judge Salinas’ acceptance of the position of Regional Director of GSA, a position for which he has been qualified and a position which he has publicly accepted, Judge Salinas automatically relinquished the office of Hidalgo County Judge,” the petition says.

The petition goes on to state that unless Salinas is prevented from helping to select his replacement, the action will be void and subject to legal challenge.

It asks the court to prohibit Salinas from serving as county judge from Friday, the day he publicly announced his acceptance of the federal position.