Election to proceed despite Rubio's appeal

UTB-TSC graduate student Joe Lee Rubio, who was disqualified by a state district judge in March to hold office in the state, is seeking an appeal from the 13th Court of Appeals on the ruling.

Earlier this year, Rubio, 53, filed to run for Place 1 on the May 10 ballot for the Texas Southmost College Board.

A hearing took place on March 25 before Judge Benjamin Euresti of the 107th state District Court, who ruled Rubio was ineligible to hold office in the state.

His name was not placed on today's ballot due to his connection to an Aug. 17, 1995 arrest in Las Norias, Tamps., Mexico, after authorities there discovered 639 pounds of marijuana in a 21-foot boat.

Rubio and the vessel's driver were arrested and charged. Since neither of them took the blame for transporting the marijuana, each was sentenced to 10 years in prison.

Rubio's attorneys, Ben Neece and Ed Stapelton, filed the notice of appeal Wednesday in the Cameron County District Clerk's Office.

"If the Court of Appeals rules that Mr. Rubio did not lose his civil right to run for office, then they may find that he was wrongfully disqualified, and it could lead the invalidation of that race," Neece said. "I think the safer course of action would have been to allow him to run, because if he would have lost that would have resolved the situation."

During the hearing before Euresti, Rubio told the court he did not lose his civil rights upon being returned to the United States in 2001 to serve a five-year probation sentence here under a transfer treaty between the two countries.

"There was never any mention that my civil rights were affected," he told the court. "Even when I was on probation, I was still voting. My rights were never taken away."

Rentfro could not be immediately reached for comment Friday, however, after Euresti's March 25 ruling, Rentfro said, "At this point, Mr. Rubio has been declared ineligible and the college plans to proceed with the election. If Mr. Rubio takes further legal action, we will respond appropriately."

Place 1 is currently held by incumbent Jose Angel Herrera Jr., owner of Herr Industrial Metals Co., Inc., of Brownsville. Jaime Silva, a Brownsville cardiologist, and Adela Garza, a Brownsville businesswoman, will vie for Herrera's position today.

Herrera was appointed to the post late last year after former trustee Roman "Dino" Esparza resigned for personal reasons.

jborjon@brownsvilleherald.com