Governor’s Office Appoints Third District Judge for Maverick County Auditor Appointment

By: Jose G. Landa, Copyright 2015, Eagle Pass Business Journal, Inc., An Exclusive Eagle Pass Business Journal article

One of former Texas Governor Rick Perry’s last official acts before leaving office was the appointment of 38th Judicial District Court Judge Camile G. Dubose of Uvalde County in Uvalde, Texas as the third state district judge to hear and determine the appointment of a Maverick County Auditor pursuant to Texas Local Government Code Section 84.003 on January 8, 2014.

In a January 8, 2014 letter to the Honorable Nandita V. Berry, Secretary of State for the State of Texas, Governor Perry stated “Pursuant to Texas Local Government Code 84.003, please be advised that I am making the following appointment as District Judge to Assist in the Selection of Maverick County Auditor for a term to expire February 1, 2015: Camile G. Dubose, Uvalde, Texas. Please issue a commission to this appointee as soon as she has qualified.”

District Judge Camile G. Dubose is currently serving as the 38th judicial District Judge in Uvalde County, in Uvalde, Texas.

According to Governor Perry’s letter of appointment, Judge Camile G. Dubose’s commission expires on February 1, 2015, unless an extension is obtained from newly-sworn in Governor Gregg Abbott.

Maverick County District Judges Amado J. Abascal, III, and Cynthia Muniz will need to hold a special meeting no later than February 1, 2015 to determine the selection and appointment of a County Auditor for Maverick County due to Judge Dubose’s term of appointment expiring on February 1, 2015. In the event that District Judges Abascal, Muniz, and Dubose are unable to meet before February 1, 2015, a written request for extension of Judge Dubose’s term will be required to be made to Governor Gregg Abbott.

It is unknown as of yet if a special meeting between Judges Abascal, Muniz, and Dubose has been scheduled prior to February 1st or whether a request for extension of her term of appointment has been requested by any judge.

Maverick County District Judges Abascal and Muniz split on whether to appoint current Maverick County Auditor to a new two year term at a special meeting held on October 10, 2014, thus requiring that a third state district judge be appointed by the Governor’s Office to assist in the selection and appointment of a County Auditor for Maverick County.

Current Maverick County Auditor Fidencio Ortiz was originally appointed on September 24, 2012 for a two year term which expired on September 24, 2014 or until he is re-appointed to a new term or a successor is appointed by the state district judges. Ortiz remains serving as Maverick County Auditor until he is either re-appointed or a successor is named.

Maverick County Commissioners Court led by County Judge David R. Saucedo and Commissioners Roberto Ruiz, Gerardo “Jerry” Morales, Jose Luis Rosales, and former Commissioner Asalia Casares approved a resolution of no confidence and recommendation to replace County Auditor Ortiz at a May 5, 2014 Commissioners Court meeting.

Maverick County Commissioners Court subsequently approved a motion to suspend the salary payment of County Auditor Ortiz after his term of appointment expired on September 24, 2014 at a November 17, 2014 Commissioners Court meeting.

365th Judicial District Judge Amado J. Abascal, III, issued an Order vacating Maverick County Commissioners Court’s Order of salary suspension of County Auditor Ortiz on November 21, 2014.

Maverick County Commissioners Court rescinded their previous November 17, 2014 Order of salary suspension of County Auditor Ortiz’s salary at a December 1, 2014 Commissioners Court meeting in order to comply with Judge Abascal’s November 21, 2014 Order Vacating such action and not risk being show caused and/or sanctioned by Judge Abascal.

Since December 8, 2014, Maverick County Commissioners Court have retained special legal counsel, Luis R. Vera, Jr. of San Antonio, Texas, to advise Commissioners Court regarding their legal rights concerning the removal of County Auditor Ortiz, as well as recently approved to hire an independent, professional expert accountant or auditor to audit the books, records, and accounts of County Auditor Ortiz.

Maverick County Commissioners Court recently approved the de-obligation of a Texas Department of Agriculture (TDA) grant of $1 Million dollars previously awarded to Maverick County to fund the Colonias Self-Help Center Program due to non-compliance with program requirements, including the lack of filing 2012 and 2013 Single Audits of Maverick County. Commissioners Court blame County Auditor Ortiz for the loss of this grant while Ortiz denies the Commissioners allegations vehemently. They are currently embroiled in a he said, she said feud concerning responsibility for Maverick County’s failure to timely file its 2012 and 2013 audits with the State of Texas.

Complicating the scenario is Maverick County’s investigation by the U.S. Federal of Bureau of Investigation (FBI) and Texas Rangers regarding corruption, bribery, kick-back scheme, and fraud in the awarding of County public construction contracts during 2009 through 2012, resulting in the indictment and subsequent pleas of guilty of over 30 defendants including three former Maverick County Commissioners.

Judge Dubose’s appointment by the Governor’s Office will hopefully decide in the immediate future as to who is going to be appointed Maverick County Auditor.