Federal Court Commences Preliminary Injunction Hearing Against Maverick County Judge and Commissioners for Rejecting Petition for Referendum Election of $7.2 Million Bonds and Potential Constitutional Rights’ Violations
By: Ricardo E. Calderon, Eagle Pass Business Journal, Inc., Copyright 2023
Maverick County citizen, Enriqueta Diaz’s pro se lawsuit against Maverick County Judge Ramsey English Cantu and County Commissioners Rosanna Rios, Olga M. Ramos, and Roberto Ruiz challenging the rejection of a citizens petition requesting a referendum election of $7.2 million Certificates of Obligations (bonds) sought to be issued by Maverick County as its 30 percent matching contribution towards a $24 million Texas Water Development Board (TWDB) expansion project of the Maverick County Water and Wastewater Treatment Plant and potential constitutional rights’ violations against Ms. Diaz for finding her in contempt of court and ordering her arrest and detention had a preliminary injunction hearing commenced in federal court before Chief U. S. District Judge Alia Moses for the Western District of Texas on Tuesday, November 14, 2023, in Del Rio, Texas.
The preliminary injunction hearing heard testimony from Plaintiff pro se Diaz and several other witnesses for about six and a half hours, but the parties did not complete presenting all of their witnesses and evidence requiring Chief Judge Moses to continue the hearing to another date to be determined by the court.
Diaz contended Commissioners Court unlawfully rejected the citizens petition despite having more than the required number of signatures for having a referendum election and her constitutional rights had been violated.
Defendants County Judge Cantu and Commissioners Rios, Ramos, and Ruiz contended that although the petition had more than the required signatures for a referendum election, the petition was denied based on a finding of a public nuisance emergency that affected the public health and safety of the citizens of Maverick County due to the poor conditions of the county water and wastewater treatment plant. Defendants also denied violating Diaz’s constitutional rights.
After the marathon preliminary injunction hearing held on November 14, 2023, Chief Judge Moses pronounced several oral orders to be reduced to writing by the court, including, but not limited to, that all proceedings by Maverick County and Commissioners Court regarding the $7.2 million bonds are stayed until further order by the court so that the parties have sufficient time to present all of their witnesses and evidence at the preliminary injunction hearing; that Maverick County Attorney Jaime Iracheta is enjoined from filing any pleadings in federal and state court regarding the legal matters before the court; that the court has supplemental jurisdiction of state statutes and laws under the Supremacy Clause; and that the court is appointing an attorney to represent Plaintiff, Enriqueta Diaz, at the court’s expense to assist her with the prosecution of her claims against Defendants.
While Plaintiff pro se, Enriqueta Diaz, represented herself at the hearing, Maverick County Judge Cantu and Commissioners Rios, Ramos, and Ruiz were represented by Jack Stern of Del Rio. However, Maverick County had three additional attorneys at the hearing, including County Attorney Iracheta, Assistant County Attorney Luis Gurrola, and Bond Counsel Carey Troell of San Antonio, Texas.
After Diaz presented her opening statement detailing what the evidence would show in support of her claims, she called Maverick County Commissioner Gerardo “Jerry Morales as her first witness. Morales testified that he is County Commissioner of Precinct 1; that he had received a complaint from a County citizen complaining that County Attorney Iracheta’s law firm had called him to verify if two signatures on the petition for referendum had been signed by his family members because they were investigating fraud of the signatures; that he participated in the referendum petition and allowed Diaz to use a trailer for the petition signing campaign at the Maverick County Lake; that he was present at the Commissioners Court meeting of October 30, 2023; that County Judge Cantu held Diaz in contempt of court; that Judge Cantu issued an order of arrest and detention of Diaz; that Maverick County Elections Administrator Isamari Sanchez-Villarreal was responsible for verifying the signatures on the petition; that he issued a press release advising Maverick County employees not to sign the petition because they might be terminated by Judge Cantu; that County Attorney Iracheta served as both civil general counsel and criminal county attorney for Maverick County; that Elections Administrator Sanchez-Villarreal reported to Commissioners Court that there were 1,665 verified signatures on the petition and they met the requirement of signatures required to call for a referendum election; that the petition had been rejected by Commissioners Court based on the public nuisance and public health and safety issues; and that Judge Cantu had tried to put words in the Elections Administration Director’s report presentation that there was fraud on the petition signatures, which she did not say; that a second petition to remove Judge Cantu had begun to be circulated in the community, but that he did not participate in this petition; and other matters.
Chief Judge Moses questioned how did Quemado and Normandy develop a sudden public nuisance emergency if they have been without public water and sewer since at least 1932, suggesting that the emergency was not unforeseen and was a matter of convenience to obtain the TWDB grant. Chief Judge Moses queried if the emergency was valid and if the residents of Quemado and Normandy had been provided notice, raising questions of “due process’ under the First, Fifth, and 14th Amendments of the U. S. Constitution. Chief Judge Moses noted the “question becomes if the emergency is by convenience or made-up?
Defendants’ attorney, Jack Stern, pointed out to the headline of the petition calling for only unforeseen emergencies, but Chief Judge Moses noted that the heading of a petition does not supersede the fact that there were sufficient signatures and the state statute does not require a heading to have specific language.
Chief Judge Moses queried Stern when did Commissioners Court declare the emergency, and how long did it last? Chief Judge Moses asked Stern if anyone from TWDB were present at the hearing to testify about their emergency finding, which Commissioners Court adopted? There was no one from TWDB to testify about the emergency at the hearing. Chief Judge Moses queried that she did not understand why “the will of the people to have an election is being denied?” A bench conference between Diaz and Stern was held. Following the bench conference, the Court recessed for about 15-20 minutes to allow Stern to conference with his clients. Defendants and counsel faces seemed gloom.
Upon returning from the parties conference with their attorney, Diaz pulled a rabbit out of her hat when she surprised Defendants by calling County Attorney Jaime Iracheta as her second witness. Iracheta testified that he was the County Attorney as well as the civil general counsel for Maverick County; admitted to contacting friends and family members of his to question them if they or their family members had in fact signed the petition; that he had been contacted by Elections Administrator Isamari Sanchez-Villarreal and Judge Cantu to conduct an investigation concerning fraud with the validity of the signatures on the petition; that law enforcement had opened a criminal investigation concerning fraud on the signatures of the petition operated from his County Attorney office; that he advised Commissioners Court what there options were concerning the petition-either ratify, reject, or reevaluate the petition; that there were irregularities or signs of potential fraud on the signatures of the petition; that the possible criminal suspects of the fraud investigation were Enriqueta Diaz and Mayito Obregon for the offense of tampering with governmental records; that his County Attorney office has authority to file misdemeanor, but that other law enforcement may file felony charges; that the petition was denied based on the public nuisance and public health exception based on the TWDB finding of an emergency: that Enriqueta Diaz had signed the petition twice; that family members of his who were on the petition as signing it had not signed it; he had met with Sanchez-Villarreal and Judge Cantu to discuss the fraud investigations; that Maverick County had filed a Declaratory Judgment lawsuit in state district court with a hearing scheduled on November 27, 2023; and other matters.
Chief Judge Moses questioned why there was a criminal investigation for fraud of the petition signatures if the petition had been rejected based on the public nuisance and public health and safety reasons? Since the petition was not rejected for fraud, Chief Judge Moses noted that “fraud is out the window” if the petition was denied because of the public health issues. At this moment in the hearing, Diaz advised the Court that she was adding County Attorney Jaime Iracheta as a Defendant to the lawsuit, requesting that he be disqualified as an attorney for Maverick County in the case. Chief Judge Moses queried that Commissioners Court rejection of the petition based on the public nuisance and public health issues had nothing to do with fraud or the validity of the petition signatures.
Chief Judge Moses noted that “the petition is valid. This fraud sounds more like a ‘malicious prosecution.’ We’re going down a very bad hole.” Iracheta replied that Commissioner Olga M. Ramos had been working on this public health issues affecting Normandy and Quemado residents for over two years and TWDB found the situation to be an emergency, which Commissioners Court adopted. Iracheta testified that he and the County’s Bond Counsel, Carey Troell, had made the determination that there was an emergency because Commissioners Court had the authority to declare such emergency. Chief Judge Moses noted that “you can not step on the will of the people.”
Diaz then called upon herself as the third witness. She testified that she is a “victim of unauthorized abuse of authority; that she had been detained 3, 4, or 5 times by different Maverick County Deputy Sheriff officers after Judge Cantu found her in contempt of court, ordered her arrested and be detained, had her photograph and fingerprints taken at the Maverick County Sheriff’s Office; had a Citation issued against her; Judge Cantu issued an Order finding her in contempt of court, have her arrested, and detained at the Tom Bowles Detention Center; that she spoke at the October 30, 2023 meeting during Citizens Communication; sat down to watch the meeting; that Judge Cantu accused her of fraud with the petition signatures; requested her to not say a word or he would find her in contempt of court and arrested at least twice; that she did not say anything during the meeting until Judge Cantu attacked her with the fraud allegations; that he dared him to find her in contempt and have her arrested because he did not have that authority sitting as a civil commissioners court judge; that she was escorted out of the commissioners court meeting by a deputy; that he told Judge Cantu what he had coming to him; that she had a heated exchange with Judge Cantu before leaving the commissioners court; that a certain tax attorney had been Judge Cantu’s campaign manager; that Judge Cantu had a commitment to millionaire businessman from Laredo that had purchased many properties in Quemado; that Judge Cantu had not paid his ad valorem property taxes on a real property for 11 years; that Judge Cantu had not finished paying his taxes or court costs and fees; that the petition had satisfied the required signatures for a referendum election; and other matters.
Chief Judge Moses advised Diaz that since she was a suspect of a criminal investigation for fraud by law enforcement, she had certain constitutional rights to remain silent or invoke the 5th Amendment right to remain silent upon being asked questions on cross-examination. Defendants attorney, Jack Stern, cross-examined Diaz and sought to have her confess to having committed fraud during cross-examination, but Chief Judge Moses stopped Stern from asking any questions that might incriminate Diaz, which he consented.
Diaz called Judge Cantu as her fourth witness. Judge Cantu testified that Isamari Sanchez-Villarreal was appointed as Elections Administrator by a committee, of which he was member of; that a petition of signatures was submitted on October 10, 2023 by Diaz and Mayito Obregon; that he became aware of the petition; that he notified County Clerk and Elections Administrator of the petition; petition filed with County Clerk and Elections Administrator; that 2,333 signatures were submitted, that 668 signatures were not verified or invalidated; that 1,665 signatures verified; that TWDB had approved a $24 million joint grant and loan project to expand the county water treatment plant; that there was a deadline of December 2023 to get the $7.2 million bonds approved or otherwise the bonds would be dead; that he contacted Elections Administrator for the petition signatures to review if there was any fraud; that the petition signatures list is in his office; that there were irregularities with the signatures; that Maverick County is an economically distressed area; that up to 300 residences would receive water and sewer from the TWDB project out of 500 homes in Quemado, Normandy, and Thompson Road; that he warned Diaz not to say a word at the October 30, 2023 meeting twice; that Diaz mumbled back to him the words “Me Vale (I don’t give a shit) twice; that he found Diaz in contempt of court for disobeying his request; that he would not tolerate commissioners court be disrespected; that he spoke to Deputy FNU Benavides to arrest Diaz for contempt of court; that Benavides requested a written document ordering Diaz be detained; that after the meeting, he drafted an Order at the request of the Sheriff’s Department so she could be found in contempt, arrested, and detained; that commissioners court adopted the TWDB finding of a public nuisance emergency in rejecting the petition; that he did not issue a Citation to Diaz; and other matters.
Following Judge Cantu’s testimony, Chief Judge noted that she was appointing Diaz a court-appointed attorney to represent her prosecuting her claims.
Diaz then followed with playing a video of the October 30, 2023 commissioners Court meeting where she was found in contempt, arrested, and detained by Judge Cantu for the benefit of the Court. After playing of the video, Chief Judge Moses noted that “this case has turned out surprisingly strong;” that she had seen the video of the meeting; that the video was the best evidence; and she was appointing Diaz a court-appointed attorney. Chief Judge Moses queried if “Commissioners Court had voted to issue a Citation to Diaz?” Judge Cantu replied, “No.”
The final witness for the day was Ricardo Flores, a former employee of Maverick County, called by Diaz. Flores testified that he worked about 2 years for Maverick County; he received a letter of termination after Judge Cantu took office; that he was unemployed; that he sat behind Diaz at the October 30, 2023 commissioners court meeting; that Diaz did not reply or mumble back to Judge Cantu, before she challenged Cantu to arrest her; and other matters.
The hearing concluded after six and one-half hours for the day with Chief Judge Moses making the oral orders stated above and stating she would schedule the continuation of the hearing as soon as possible. Chief Judge Moses noted that since County Attorney Iracheta may have a potential conflict of interest, she was ordering him to be enjoined from filing any pleadings in federal or state court regarding these matters, and was staying all proceedings regarding the $7.2 million bonds.
