"Canon 5: Refraining from Inappropriate Political Activity
(3) A judge shall resign from judicial office upon becoming a candidate in a contested election for a non-judicial office either in a primary or in a general or in a special election. A judge may continue to hold judicial office while being a candidate for election to or serving as a delegate in a state constitutional convention or while being a candidate for election to any judicial office."
(3) A judge shall resign from judicial office upon becoming a candidate in a contested election for a non-judicial office either in a primary or in a general or in a special election. A judge may continue to hold judicial office while being a candidate for election to or serving as a delegate in a state constitutional convention or while being a candidate for election to any judicial office."
TEXAS CODE OF JUDICIAL CONDUCT (As amended by the Supreme Court of Texas through August 22, 2002)
By Juan Montoya
On the morning after 404th District Court Judge Elia Cornejo-Lopez filed to run for the contested Position 5 on the November 8 election for the board of trustees of the Brownsville Independent School District, local blogger Robert Wightman emailed us a comment where he said he had filed a complaint with the Texas Commission on judicial Conduct.
His complaint is a companion to one filed with the commission by incumbent Catalina Presas-Garcia today.
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Wightman, if it was really him that sent us the comment, states that Cornejo-Lopez "is already out" and that he had sent his complaint to the commission early today.
We hope we are not being taken in by a prankster, but in reading the Judicial Canon Wightman cited above (Canon 5, [3]), it would appear to the average layman to be pretty clear that once a judge enters a contested election (there are five candidates running for Position 5 held by incumbent Caty Presas-Garcia) for a non-judicial office (BISD board of trustees) either in a primary or general election (Nov. 8 is a general election), he or she "shall resign."
Wightman posted to us that he is sending the tear sheet requested by the commission staff. If applying for place on the ballot and then actually getting on the ballot is enough proof to make Cornejo-Lopez resign, the proof is all there on the BISD website for all to see.
The, as the dialogue on the issue continued, someone cited the Texas Election Code that prohibits running for two positions on a ballot.
Sec. 141.033. FILING APPLICATIONS FOR MORE THAN ONE OFFICE PROHIBITED. (a) A candidate may not file applications for a place on the ballot for two or more offices that:
(1) are not permitted by law to be held by the same person; and
(2) are to be voted on at one or more elections held on the same day.
(b) If a person files more than one application for a place on a ballot in violation of this section, each application filed subsequent to the first one filed is invalid."
Does this mean that Cornejo-Lopez has no choice and can no longer serve as judge having abdicated the position by her filing for BISD trustee? Or does that mean that the BISD can remove her name from the ballot and leave her as judge?
And will the commission linger in their decision until after the Nov. 8 election?
If Cornejo-Lopez's filing was done in moment of blind rage, it may have been a hefty (and embarrassing) price to pay for a fit of anger.
His complaint is a companion to one filed with the commission by incumbent Catalina Presas-Garcia today.
Wightman, if it was really him that sent us the comment, states that Cornejo-Lopez "is already out" and that he had sent his complaint to the commission early today.We hope we are not being taken in by a prankster, but in reading the Judicial Canon Wightman cited above (Canon 5, [3]), it would appear to the average layman to be pretty clear that once a judge enters a contested election (there are five candidates running for Position 5 held by incumbent Caty Presas-Garcia) for a non-judicial office (BISD board of trustees) either in a primary or general election (Nov. 8 is a general election), he or she "shall resign."
Wightman posted to us that he is sending the tear sheet requested by the commission staff. If applying for place on the ballot and then actually getting on the ballot is enough proof to make Cornejo-Lopez resign, the proof is all there on the BISD website for all to see.
The, as the dialogue on the issue continued, someone cited the Texas Election Code that prohibits running for two positions on a ballot.
Sec. 141.033. FILING APPLICATIONS FOR MORE THAN ONE OFFICE PROHIBITED. (a) A candidate may not file applications for a place on the ballot for two or more offices that:
(1) are not permitted by law to be held by the same person; and
(2) are to be voted on at one or more elections held on the same day.
(b) If a person files more than one application for a place on a ballot in violation of this section, each application filed subsequent to the first one filed is invalid."
Does this mean that Cornejo-Lopez has no choice and can no longer serve as judge having abdicated the position by her filing for BISD trustee? Or does that mean that the BISD can remove her name from the ballot and leave her as judge?
And will the commission linger in their decision until after the Nov. 8 election?
If Cornejo-Lopez's filing was done in moment of blind rage, it may have been a hefty (and embarrassing) price to pay for a fit of anger.