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The
race for Justice of the Peace Precinct 4
LareDOS
asked a few questions of the candidates for Justice
of the Peace Precinct 4 -- incumbent JP Oscar O. Martinez
and challenger Jesus Dominguez. A transcript of those
interviews follows:
Please
give us your personal and educational background.
Oscar O. Martinez:
I attended Ursuline Academy as a youngster and then
St. Joseph's Academy. I graduated from Martin High School
in 1959 and then attended Laredo Junior College. I worked
as a bell boy at La Posada so that I could pay for my
college classes. I went to Texas A&I in Kingsville
and then moved to California where I worked for a year.
In 1963, I joined the USAF Reserves with the 433rd Troop
Carrier 922nd Wing Combat Support Group. After six years,
I received an honorable discharge in 1969.
In 1965, I established Martinez Brothers Gulf Station
at Lafayette and Santa Ursula. In 1970, I sold the business
to go into real estate with the Salinas Realty Company,
with which I was affiliated until 1977. At that time,
H. J. Fasci and I began Border Realty, which is the
family business operated by my son Oscar Omar, Jr.
In 1991 I was appointed judge for Precinct 4 when Andy
Santos decided to run for Sheriff.
I make it a point to keep up with annual classes for
licensure by the Texas Board of Realtors. I also attend
regular classes of the South Texas Justice of the Peace
Conference, which keeps me up with changes in the law.
Those classes keep things in check, which powers you
do have and which you don't have. This is where you
learn about JPs who have been removed because they forgot
for a moment that they are under the watchful eye of
the State.
On a personal note, I married Thelma Gutierrez and we
are the parents of three grown children, Gerry Abdallah,
a teacher at Clark Middle School, Christie, a teacher
at Henry Cuellar Elementary School, and Oscar Omar,
Jr. Thelma is a counselor at Alexander High School and
has been with United ISD for 31 years.
I've been a part of Del Mar since 1973, and certainly
I've been a witness to its growth in the area of residences,
businesses, and schools.
I was born in Laredo but my family is from Guerrero
Viejo and Ramireño. Our ranch is in Ramireño.
I was recognized by LULAC with an award called Lo Mejor
de Nuestro. That was for 31 years of service for the
children of Webb County. I also was recognized for service
above self from Rotary. I have the goodwill and friendship
from my co-members at L.I.F.E. for trying to make things
better for all the children who participate in the fair.
Every child should be able to sell his or her project.
I've been part of the effort to make sure that happens.
Jesus Dominguez:
I was born in Laredo and graduated from St. Augustine
High School in 1982. I completed a Bachelor of Arts
in political science and a master's at St. Mary's University.
I am a graduate of the Texas Southern University Thurgood
Marshall School of Law. I was licensed in May of 1997
and have since gained significant experience as a general
practice lawyer in commercial, criminal, family, probate,
and property (deeds, landlord/tenant, and closing) law.
I was an adjunct instructor at Laredo Community College
from September 1997 to August 1998. Prior to that I
was with the Bexar County Community Supervision &
Corrections Department.
My father was the late Jesus M. Dominguez, Sr., who
owned a clothing store called Dominguez'. My mother
is Eloisa Peña Dominguez. I have two brothers,
Arturo, a U.S. customs broker, and Roberto, a rancher.
I am married to Olinda Flores Dominguez. We have two
children, Victoria, 10, and Andrea Montserrat, two.
I was raised in Nuevo Laredo until I was 19 and went
to college. I now live in Plantation. My bar affiliations
include the Laredo Young Lawyers Association, the American
Bar Association, the American Trail Lawyers Association,
the Texas Criminal Defense Lawyers Association, the
State Bar of Texas, and the Webb County Bar Association
I am a member of the Knights of Columbus Council of
Blessed Sacrament Church, a former coach of the St.
Augustine Junior High Basketball Team, a former coach
of the St. Augustine Freshman and Junior Varsity Basketball
Team, and a former coach of the United Day Elementary
9-10 year old Girls Basketball Team. I have been part
of the Volunteer Legal Clinic in conjunction with the
Laredo Young Lawyers and Coastal Bend Legal Services.
Define the job of justice of the peace as you see
it.
Martinez: We are
there to see that there is no breach of peace within
our community. We try to mediate more than judge the
cases before us. Our job is to bring families together,
settle debts and landlord disputes, and make things
work out quickly and in the best interest of children.
We do magistration. We set bond. I'm known to set high
bond, especially for dope traffickers who poison the
youth of our community. I see their work daily. I'm
very involved in the bond issue for the youth village.
It's an effort Judge Garza and I got involved in in
1993. Children offenders don't need jail. They need
something to make their lives productive and meaningful.
They can be saved, but it has to be a community effort.
Those children could go on to college. I am very much
involved with educational issues.
There are children who appeared before me who people
thought wouldn't move on with their lives. They did.
They finished college. We owe it to them to exhaust
all possibilities to help children. We should have a
rehab facility in Webb County that provides the kind
of counseling and resources that allows them to keep
attending school. We can save them. I know it can be
done. Sometimes it's just a matter of determining what
the source of abuse is that makes them get off track.
SCAN works with me this way. There are parents who do
not care about the welfare of their own children. That's
where we come in. The child is far more important than
the parent. We ask SCAN to make determinations through
an investigation if the parents are causing the child
harm.
One of the best resources children in Laredo have is
Roy García of the City's Community Development
department. Through the Keep Laredo Clean program which
enlists students to perform public works, and through
counseling from law enforcement students at TAMIU, you
can turn a child around. You help him or her become
a better student by giving them the support they need
emotionally and by giving them a means to repay their
infraction. This has been a really rewarding program,
very productive, and good for the community, too, when
you consider that this year's community service project
concerns sprucing up the fairgrounds at L.I.F.E.
Dominguez: A JP
would need to have good listening skills and would be
compassionate toward the application of law. Some individuals
who are justices of the peace have only small claims
court experience. I believe it is fundamentally important
to have a broader application of the law. This court
is presently an ad hoc court that gets advice from attorneys.
It is rare that rulings are made at the moment or at
the conclusion of the hearing. "I'll get back to
you" is not a good conclusion. Re-setting cases
is very frustrating and time-consuming for all parties,
and it wastes the taxpayers money.
A Justice of the Peace listens to small claims cases
of a jurisdictional value of $5,000 or less. The JP
court handles traffic citations and/or class C misdemeanors
(public intoxication, reckless driving, some assaults)
and transportation code violations. A justice of the
peace performs marriages, pronounces people dead at
the scene of an accident or a homicide. A JP magistrates
and sets bond on criminal defendants. In some property
matters, the JP has exclusive jurisdiction over forcible
entries and detainers and evictions in landlord/tenant
causes. He also can set emergency protective orders
in domestic violence situations. He sets fines for TxDOT
traffic and vehicle violations, and hears cases involving
city, county, and Department of Public Safety issues.
What
are the basic differences between you and your opponent?
Martinez: He's says
he is young and I am old. He believes I've been there
too long.
I believe, however, that it is experience that sets
us apart -- life's experiences and the experience of
presiding over this court. I have become very good at
what I do. I think this is an efficient court presided
over by a concerned, compassionate individual.
This is a court of the people. There are JPs across
the state and the country who are not attorneys, and
they do very well. Of note are many in our own community.
We are mediators. I have heard many high stakes cases
involving contracts and leases. I have heard them all
and settled many and I can say that I have made many
more friends than enemies.
Dominguez: I am
a lawyer. If you had to draw a distinction, that is
most clearly it, which gives me the advantage of knowing
the law and applying it.
Second, I do not have to go to any trainings as the
incumbent presently has to in order to sit as a justice
of the peace. This is a windfall for the county in savings.
My education, a Master of Arts in political science,
keeps me in tune in knowing the intricacies of administration
of public government and knowing what is within the
bounds of the office. There is no learning curve.
My experience is another difference between me and my
opponent, my experience in dealing with at least 50
different judges within my career as an attorney. That
I can practice in all the courts in the State of Texas
that has given me the experience and knowledge that
I would be able to bring to the justice of the peace
court. I have a full knowledge of the legal system,
of what constitutes evidence, substantive due process,
and procedural due process. I am a young, progressive
individual.
What
is at stake in this race for Justice of the Peace Pct.
4?
Martinez:
You'd be starting over. His would be a different court.
We are very different. It's hard to believe that he
would be a full-time judge. That would hinder the court.
My court has an open door policy, no appointments necessary.
I have been very vocal. I don't agree with the truck
checkpoint being moved to the 18-mile marker. The checkpoint
should be at the international bridges. If a truck is
not fit at the checkpoint, what is it doing driving
all over Webb County?
It's a funny race. What my opponent may have in money
for this campaign, I have in friendships.
Dominguez: For most
constituents an appearance in JP court is an individual's
first contact with the judicial system. It should be
a good encounter and one that mimics the other courts
in uniformity and predictability of the law. When the
law is not applied according to the law of the case,
then people are dissatisfied and disgusted with the
judicial system. In order for the judicial system to
work, all the courts have to be harmonious and uniform.
People are sometimes excluded from the system. Every
individual in the precinct should feel that they have
a court and take full advantage of it being there to
serve. Everyone should be treated equally under the
law. Special interests should have no place in the justice
of the peace court or in any court. Cases shouldn't
be dismissed capriciously.
What
do you want the voters to consider when they decide
between Oscar O. Martinez and Jesus Dominguez as their
Justice of the Peace for Precinct 4?
Martinez:
I want them to remember my honesty, my sincerity, and
what I have done in this community -- that I promised
them a new court and that I came through.
I want them to remember that I care about all the children
and that I work hand in hand with the school district.
I am always available. I have assembled a good staff.
I'm a veteran who believes in and has great respect
for the right to vote, the right to free speech. I salute
Mr. Dominguez for running. A challenge is good.
And I want the voters of Precinct 4 to know that just
as I have asked in the past, I am asking them for their
vote today. I thank them in advance for their good judgement
and their respect. I ask them for the opportunity to
serve another four year term.
Dominguez: I want
them to consider the total package that I am as a lawyer.
And as a lawyer I will be able to treat everyone the
same. Cases in my court will be moved effectively because
I will be bringing in the latest in legal software for
the management and control of the dockets. People are
not going to be spending two or three hours in court
waiting for cases to be heard, and people will not be
waiting for rulings to be made at a later date. The
wheels of justice don't have to grind slowly. As an
experienced lawyer, I will not delay justice because
when one delays justice, one denies justice.
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