State District Judge Dick Alcala dissolves Order appointing Javier Libson as Interim County Commissioner; County Judge’s appointment of Jerry Morales as Precinct 1 Commissioner stands
By: Ricardo E. Calderon
An Exclusive Eagle Pass Business Journal News Story/Copyright 2013
Visiting State District Judge Dick Alcala of San Antonio, Texas, after hearing legal arguments and cases, dissolved in part his February 11, 2013 Order wherein he appointed local businessman Javier Libson as Interim County Commissioner of Precinct 1 as a result of former County Commissioner of Precinct 1 Eliaz Maldonado’s resignation of his publicly elected position and the authority vested by the Texas Local Government Code authorizing Maverick County Judge David Saucedo the power to appoint a new successor County Commissioner upon the creation of a vacancy.
Maverick County Attorney Ricardo Ramos represented the State of Texas while Luis Roberto Vera represented County Judge David Saucedo, Marilisa Williams and Heriberto Morales represented Jerry Morales, and Claudio Heredia represented temporarily suspended County Commissioner Rudy Heredia as an Observer. Interim County Commissioner Javier Libson was present in the courtroom while former Commissioner Eliaz Maldonado was not present.
The Court hearing presented a novel legal issue of first impression as to whether the State District Judge’s temporary appointment of Javier Libson as Interim County Commissioner on February 11th before temporarily suspended County Commissioner Eliaz Maldonado’s subsequent resignation on March 1st created a “vacancy” under the Texas Local Government Code authorizing County Judge David Saucedo to appoint a new successor County Commissioner (Jerry Morales) until the next election.
Although District Judge Dick Alcala found that his February 11th Order temporarily suspending Commissioner Eliaz Maldonado and appointing Javier Libson as Interim County Commissioner of Precinct 1 did not create a “vacancy” authorizing County Judge David Saucedo to appoint Jerry Morales as Commissioner, Judge Alcala questioned County Attorney Ramos if Commissioner’s Maldonado’s resignation literally granted the State of Texas the legal relief of removal it was seeking in its petition of removal and County Attorney Ramos answered “Yes.” Judge Alcala then asked County Attorney Ramos if the County of Maverick (State of Texas) had any additional interests pending such as attorney’s fees or any other matters in the petition of removal against Commissioner Maldonado which would continue the case as to him, and County Attorney Ramos replied that the County (State of Texas) did not have any additional interests as to former Commissioner Maldonado as the petition of removal’s purpose to remove him from office had been fulfilled by his resignation from office.
In view of County Attorney Ramos’ response that the County of Maverick (State of Texas) had no further pending interests as to former Commissioner Eliaz Maldonado, Judge Alcala then ruled that since the State of Texas petition of removal against Commissioner Maldonado had been fulfilled by his resignation and there being no further interests pending as to him the Court was modifying its February 11th Order dissolving the temporary appointment of Javier Libson as Interim County Commissioner of Precinct 1. Judge Alcala also ruled that the Court was dissolving that portion of its February 11th Order only as to Javier Libson’s temporary appointment. Thus, the Court’s February 11th Order appointing local news journalist Daniela Flores-Aleman as Interim County Commissioner of Precinct 2 remains operative until further order of the Court or by expiration of the law.
Judge Alcala’s ruling legally cleared County Judge David Saucedo’s appointment of local businessman Jerry Morales as the new County Commissioner of Precinct 1 to take effect as of today, March 8, 2013. Thus, Jerry Morales is the new County Commissioner of Precinct 1 as of March 8th. Judge Alcala thanked Mr. Javier Libson for his services to the Court as the Interim County Commissioner of Precinct 1 from February 11th to March 8th.
