The race for Municipal Court Judge;
four candidates seek post

Please provide a brief biographical background that includes the high school from which you graduated and the school at which you earned your undergraduate degree and your law degree. Include, if you wish, the neighborhood in which you were raised, the names of your parents, the number of siblings in your family, the name of your spouse (if you have one), the names of your children. If you are not from Laredo originally, please give us a brief narrative along the same lines as above.
Margarito Benavides, Jr.: I graduated from J.W. Nixon High School in 1980. I then attended Laredo Community College in 1980, where I proceeded to take business curriculum. I was raised in the Heights area by my parents, the late Macaria and Margarito Benavides, Sr., with my siblings, Margie (Ernest) Miller and José de Jesus Benavides. I currently reside in Laredo with my wife, Sylvia, and my daughters Alexa, 10, and Alyssa, 7.
Diana Navarro: I am proud to be a native Laredoan! I was born on March 31, 1959, and raised as the only child in a family of humble means. My mother, Godfray P. Navarro, was a housewife, while my father, Magdaleno Navarro, was the foreman at the old City Lumber Company for over 36 years. We lived in a small house that my father rented from the Leyendecker family which was located on the same block as the lumberyard on Washington St. in the El Cuatro neighborhood. The lumberyard was my "backyard;" I even learned to drive forklifts and tractors way before I learned to drive a car. By raising me in this environment, my father taught me the value of hard, honest work, while my mother imbued in me a strong sense of morality and responsibility to others. At the age of nine I lost my mother to cervical cancer and Dad was left to raise a little girl all by himself. Those who know me best know that the bond I share with my father is strong and unbreakable. As a matter of fact, throughout my career, both in college and since, no matter where I've gone my father has been right by my side. I attended Urbahn Elementary School, Christen Junior High School, and was a Graduating Junior member of the Martin High School Class of 1976, graduating fourth in a class of 500. In 1977, at the age of 18, I obtained my cosmetology degree from Laredo Beauty College and was inducted into the Who's Who Among American Cosmetologists. After graduating from cosmetology school, I attended the Elkins Institute for Broadcasting in San Antonio. I paid my way through broadcasting school by working in a beauty salon. In 1978, I obtained my First Class Radiotelephonic License from the FCC, and began working in radio as an announcer. I worked as a Spanish radio announcer for two years in San Antonio and then returned to Laredo where I continued my work in radio and television. While working as a broadcaster, I continued my studies at Laredo Junior College, where I was inducted into the Who's Who Among Students in American Junior Colleges. I obtained my Bachelor of Science in Criminal Justice from Laredo State University, graduating Summa Cum Laude in December 1983. I then attended the University of Texas School of Law from 1984 through 1986. After two and a half years of law school, I obtained my Doctor of Jurisprudence degree in December 1986. Doctorate in hand, I came back to the Gateway City and began my legal career by working for Judge Raul Vasquez as his court coordinator/law clerk from January 1987 to November 1988. I held the same title again from November 1988 to November 1989 when I became Judge Elma Salinas Ender's court coordinator/law clerk. As for my family life, I currently enjoy the company of my beloved father, my three dogs, and my two cats. However, I do look forward to one day starting a family of my own.
Alfonso H. Ornelas: I was born on July 12, 1966, at Mercy Hospital in Laredo. My parents are Alfonso H. Ornelas, Sr., (deceased) and Sylvia V. Ornelas; both were life long educators in Laredo. Our family was honored to have a school named after my father, and my mother continues to serve as one of its board of directors. I was raised in a house between the old air force base and the Retama neighborhoods. I am the middle child, and have two sisters. My sisters are Sylvia M. Ornelas and María-Luisa ("Mary Lou") Ornelas-June. My sisters are both attorneys, with Sylvia concentrating on protecting the rights of abused family members as part of the District Attorney's Family Violence Unit. I have the honor of being married to my high school sweetheart, Adriana S. García. I am the proud father of two young children, Alejandra Selina Ornelas, age 4, and Alfonso Hynes Ornelas III, age one year.
I'm a graduate of J.W. Nixon High School. I earned my undergraduate degree in liberal arts at the University of Texas at Austin and my law degree from the Law School of Oklahoma City University in Oklahoma City, OK.
José S. Tellez: I was born on January 21, 1954, in Monterrey, Nuevo Leon, Mexico, to Martha Ludivina Serna and José Israel Tellez. I am the youngest of two siblings. I have one sister, Martha L. Jaquez. I immigrated to the United States on January 18, 1956. I was raised in the Pilsen and Little Village neighborhood of the west side of Chicago. I was educated in the public and parochial elementary schools of Chicago and graduated from St. Rita of Cascia High School in 1971. I received my Bachelors of Arts, Major in Political Science, in 1975 and my Master of Science in Education, Major in Educational Administration, in 1979 from Northern Illinois University. In 1981 I received my Juris Doctor from the University of Illinois' College of Law at Champaign, Illinois.
I am married to Gloria E. Trinidad, formerly of Lake Station, Indiana.
We have four children -- José Salvador II, a graduate of the University of Indiana, School of Law, Class of 2001; Alicia Ramona, a junior at Texas A&M International University; Amy Rebecca, a junior at John B. Alexander Magnet High School; and Roberto Enrique, an eighth grade student at United Middle School.
In July of 1983, I moved to Laredo (by choice) to become associated with Allan C. Skinner. Since my arrival in Laredo, I have served as the Associate Municipal Court Judge, the City Attorney of Laredo, the City Attorney of Rio Bravo, and the Election Judge for 75% of the local elections in Webb County.

How long have you been a practicing attorney?


Benavides: Being an attorney is not a prerequisite to be a Municipal Court Judge. I am a local businessman who is interested in improving the relationship between my community and our municipal government. I know that I can serve my community better as a full-time Municipal Court Judge.
Navarro: I have been a practicing attorney for 12 years, having become licensed to practice law in the State of Texas in November 1989. In November 1995 I also became licensed to practice law before U.S. District Court within the Southern District of Texas. My experience includes stints with the District Attorney's office, where I began as Assistant District Attorney assigned to handle the prosecution of all misdemeanor cases and ended up prosecuting felony sexual assault cases; the Laredo City Attorney's office, where I handled the prosecution of cases at the Municipal Court; the Laredo Legal Aid Society as a staff attorney; Texas Rural Legal Aid as a contract attorney in a class-action suit; Laredo Junior College (now LCC) as a part time professor in the Criminal Justice Department; and the Webb County Public Defender's Office practicing Criminal Defense in misdemeanor and felony cases. I have also maintained my own private practice at several points along the way, both on my own and as an affiliate or partner with several other local attorneys.
Ornelas: I have been practicing law for seven and a half years since my admittance to the bar in May 1994.
Tellez: Including third year law practice, I have been practicing law since 1980.

What area of the law most interests you?


Benavides: As a businessman, I firmly believe that the most important area of law is the humanitarian aspect of the law, which focuses on the importance of hearing and caring for our citizen's concerns.
Navarro: My main interest has always been in the field of immigration law. However, close behind come family and criminal law. I believe it to be my privilege and duty as an attorney to help seek justice for those who most need the protection of our legal system.
Ornelas: As a practicing attorney, I enjoy all aspects of the law, but have a special interest in family and juvenile law. I also enjoy defending the rights of consumers who have been harmed.
Tellez: Generally, the areas of law that most interest me are the ones that I have practiced. For the most part, I have practiced immigration and nationality law, family law, employment law, affirmative action law, discrimination law, state and federal criminal defense, education law, and municipal law.

What experience do you have as a trial lawyer? How many years in the courtroom?


Benavides: I have served the City of Laredo for many years in different municipal offices, and I have interacted with Laredoans on a one to one basis. I have gained the experience of mediating the people's concerns and executing solutions that benefit both the citizens and their city.
Navarro: I have been a trial lawyer appearing before the bench since being licensed in 1989. As an Assistant Public Defender, I handled hundreds of cases before County Court at Law Number One. At that time, this was the only County Court at Law and I was the only attorney assigned to these cases. As a staff attorney with the Laredo Legal Aid Society, I was also assigned hundreds of cases, divorces, and other family law cases that were mostly dealt with in the County Courts at Law, and landlord-tenant and other civil cases heard by various Justices of the Peace. With the District Attorney's office, the number of misdemeanor cases I personally dealt with soared into the thousands per year. I was eventually promoted to the Sexual Assault Unit where I mostly prosecuted physical and sexual assault cases of children. And of course as a private attorney, I have appeared before the courts in hundreds of juvenile, probate, criminal, and family matters, including matters presented before Immigration Judges and Social Security Administrative Judges.
Ornelas: While in law school at Oklahoma City University, I was introduced to the art of courtroom advocacy. Before graduation, I had the unique opportunity to represent members of the different Indian Nations before the tribal court. It was at this early stage of my professional preparation that I experienced a true trial setting as it afforded me the opportunity to be in court. Since obtaining my license, I have been actively engaged in private practice. As a private practitioner, I have litigated before juries in both civil and criminal cases at the state and federal levels. I have had the opportunity to practice before the Fourth Court of Appeals of Texas, and the United States Fifth Circuit Court in New Orleans, Louisiana. In total, I have been in the courtroom litigating for seven and a half years.
Tellez: I have been a trial lawyer for 21 years. Annually, I try more than 25 cases before state and/or administrative law judges and state and/or federal judges. In the area of environmental law, I have been local counsel for the Plaintiffs in the Río Grande International Study Center, María Gonzalez, Guadalupe Elizondo, and David J. Brask, Plaintiffs vs. U.S. Department of Defense and William S. Cohen in his official capacity as Secretary of Defense, U.S. Army Corps Engineers and Robert M. Walker in his official capacity as Acting Secretary of the Army, U.S. Immigration and Naturalization Service and Janet Reno in her official capacity as Attorney General of the United States.

Considering the qualifications of the other candidates, please explain what best qualifies you for the position of Municipal Court Judge.


Benavides: I have 20 years of experience working in municipal government. I was elected to the City Council in 1984, where I gained first-hand experience assessing municipal issues and proposing solutions for the betterment of Laredo and its citizens. I was appointed to Laredo's Planning and Zoning Board in 1990, and as chairperson I coordinated meetings between the citizens, city personnel, and the board. I am presently serving on Laredo's Airport Advisory Board. I have proven that I am a determined individual and dedicated to the City of Laredo and its improvement, and this qualifies me as the best candidate for Municipal Court Judge.
Navarro: Experience counts for a lot. And even though I believe that my wealth of experience would serve me well were I to be elected Municipal Court Judge, I feel that my truest and greatest strength would come from the lessons that I learned from my parents as a child. My sense of fairness, morality, and justice, and my belief that each and every person deserves to be treated with dignity and respect, would help me make the Municipal Court what I believe it should be: the People's Court.
Ornelas: Because of the scope and limitations of this article, I will highlight the qualifications that set me apart from the other candidates:
a.) Community Involvement -- Upon acceptance into the State Bar of Texas in 1994, I returned to Laredo and have been intensely involved in numerous civic organizations. I am an active member of the board of directors of the following: Casa de Misericordia, Laredo Boys and Girls Club, Laredo Legal Aid, and Laredo Amateur Boxing Association.
I am also a member of LULAC Council #12, the Domestic Violence Coalition, and the Laredo Daybreak Rotary Club. Additionally; I am an active member and past President of the Young Lawyers Association.
b.) Youth Involvement -- I am a firm believer in education. My parents each worked for almost 40 years in the local school system. Also, my grandmother as well as numerous aunts, uncles, and cousins have dedicated themselves to the education of the children of Laredo. Every year I am invited to be a guest speaker at Career Day in several of the local schools, and have participated in numerous Red Ribbon celebrations. I have participated as a coach in mock trials and school-sponsored activities intended to instill in the students the desire to pursue higher education. As a professional, I believe that we should reach out to kids and hope to make a difference in their lives.
c.) Present Associate Municipal Court Judge -- I have been an Associate Judge for the past two years. Laredo is a dynamic city that changes, literally, overnight. As an Associate Judge, I am aware of the present needs of the community and of the pressing future needs. Our Mayor recently stated that the City of Laredo swells to a quarter of a million people during the day. These commuting individuals come from the surrounding municipalities such as El Cenizo and Río Bravo. The surrounding municipalities are likewise experiencing growing pain similar to those of Laredo. In 1997, I had the opportunity to serve as City Attorney for Río Bravo. As City Attorney, I learned the importance of creating and having an effective and efficient municipal court that expedites the resolution of cases. I will make it the priority of my administration to further increase efficiency through streamlining and the use of technology.
Tellez: Professionally, my tenure as the Associate Municipal Court Judge (1986-1992), City Attorney for Laredo (1992-1994), and City Attorney for Río Bravo (1994 -1995), has provided me with the experience necessary to be an effective player in the administration of justice.

What goals would you set for the more efficient administration of the Municipal Court?


Benavides: My goal is to achieve a more efficient administration of the Municipal Court by cleaning and expediting the docket more efficiently without disregarding an individual's rights. More importantly, I intend to be accessible to the citizens. This task can only be accomplished by being a full-time Municipal Court Judge.
Navarro: I know first-hand from my experience as an Assistant City Attorney that the citizens who come to the Municipal Court are forgoing their normal daily routines to do so. I have committed myself to make the Municipal Court experience as expeditious as possible. By dealing with each case in an efficient manner, the court can handle more cases, and generate more revenues for the city. Full integration of modern computer technologies, such as on-line payment of fines, could help accomplish this. A long-overdue upgrade of the Court's computer system would also increase efficiency, as would separating the Court's computerized functions from the City of Laredo's mainframe computer. And upon the realization of some efficiency goals, I would seek to add staff and space to the Municipal Court, further boosting functionality.
Ornelas: The following are the goals I would implement under my administration:
a.) Increase training for staff -- out of every fine collected, two dollars is sent to the State of Texas which offers continuing education and training for Municipal Court staff, administrators, and the Judge, at no cost to the city.
b.) Implementation of modern technologies -- presently the court is attempting to utilize the Internet for the entry of guilty pleas and payment of fines to help alleviate the incredible burden of cases pending. The court averages over 89,000 citations and infractions annually.
c.) Establishing an Environment Court -- I would endeavor to designate certain days of the month to hear environmental and Health and Safety Code infractions. I would request the presence of the different code enforcement officers in the courtroom, in order to assess the severity of the infraction.
d.) Creation of a database -- as a Judge, I will keep tabs on repeat offenders. It is expected that the creation of a database will provide quick access to information on outstanding warrants that are pending.
e.) Customer service -- as a Judge I believe it is imperative that we serve our citizens as quickly and respectfully as possible. We should insist on the disposition of cases with all deliberate speed. Justice delayed is Justice denied.
Tellez: There are five basic goals that I will work for toward making our Municipal Court administration operate more efficiently.
(1) Flexible arraignment and hearing dates and hours for our working residents, including Weekend and Night Court. No working parent should lose a good day of work to appear in Municipal Court for a traffic violation or ordinance infraction;
(2) A Municipal Court brochure that discloses fully to the public how the Municipal Court judicial process works -- step by step, so that people appearing before the court will be better prepared and thus move the court's docket much quicker;
(3) Creating a web site for the Municipal Court that will set out important information as to its administration, court dates, etc.;
(4) Making the Municipal Court a "court of record" so that the people will have access to the record of each case brought before the court and its disposition; and
(5) Making the Municipal Court Judge an appointed position.

What is the purview of the Municipal Court? Which cases go to Municipal Court? How does the court work?


Benavides: The Municipal Court's purpose is to fully enforce and to effectively execute any and all city ordinances. The cases that go before the Municipal Court are primarily traffic violations. Other Municipal Court cases that go before the judge are any other violations of city ordinances, such as building violations, health code violations, and hazardous material violations. The Municipal Court operates by following a set policy and procedure enacted into law. The Municipal Court is not a court of record; this means that any action taken by the Municipal Court can be appealed, and the person appealing will start de novo with his case.
Navarro: The purview or jurisdiction of the Municipal Court is to enforce the ordinances of the City of Laredo and Class C misdemeanor cases under the Texas Penal Code. Specific case examples include violations of city ordinances covering such things as littering, curfews, handling of hazardous materials, noise abatement concerns, animal control, and planning and zoning issues. Examples of Class C misdemeanors include traffic offenses, public intoxication, and minor theft offenses. The workings of the Municipal Court revolve around the fact that the majority of cases brought before the bench are criminal in nature. Proceedings usually begin with an arraignment and pre-trial hearings, with a trial being set if the parties do not reach a settlement. A defendant appearing before the Municipal Court is entitled to a trial before a judge, or a jury of six members of the community. Both the prosecution and the defense may present witnesses and evidence with the defendant having the right to be represented by counsel and cross-examination of witnesses. The main difference between the cases heard in Municipal Court and cases heard in County Courts at Law and District Courts is that the Municipal Court is not a court of record. In other words, it does not have a Court Reporter creating a transcript of the proceedings. Thus, in cases where a defendant appeals a Municipal Court decision, they are granted a "Trial de Novo," a new trial, held at the County Court at Law level. The Charter of the City of Laredo provides that the Judge of the Municipal Court be elected from the city at large to a four-year term, with a two-term limit. The charter also provides that the salary of the Municipal Court Judge be fixed by ordinance. And the City Council may also appoint one or more additional judges of the Municipal Court, for a term not to exceed two consecutive years. Administratively, the City Council appoints a Clerk of the Municipal Court, who serves at the pleasure of the Council. The Clerk has the power to conduct the business of the Court, including the appointing of all Deputy Clerks.
Ornelas: The Municipal Court is limited to hearing infractions that occur within the boundaries of the City of Laredo.
The type of cases that can be presented within the municipal Court are violations of city ordinances. Municipal Court also hears violations of State law limited to Class C Misdemeanors. Examples would be violations of the Texas Penal, Transportation, Health, and Education Codes.
Law Enforcement or Code Enforcement officers issue citations to businesses or individuals, citing them to appear at Municipal Court. The officers then file the citations with the Clerk of the Municipal Court who then dockets the case for an initial appearance. At the initial appearance, the individual enters either a plea of Guilty, Not Guilty, or Nolo Contendre. If a plea of Guilty or Nolo Contendre is entered, the Municipal Court Judge then assesses a fine or punishment. If a plea of Not Guilty is entered, the case is then docketed for a pre-trial conference. At a pre-trial conference, an individual is afforded the opportunity to meet with a prosecutor from the city attorney's office to explore the possibility of mutually resolving the matter. If an agreement cannot be reached, the matter is heard before a jury or directed to the bench.
Upon a finding of guilt, the Judge may assess a fine or may order community service in lieu of a fine or both. For traffic violations, the Judge may assess a fine of up to $500 per violation, and up to $2,000 per violation of certain environmental regulations.
Tellez: Municipal Court has jurisdiction over class C misdemeanor offenses, traffic citations, and Home rule City Ordinance violations. It has no civil case jurisdiction.

How would you go about better understanding City of Laredo environmental ordinances that are on the books so that you could better match fines and consequences to environmental crimes and infractions such as illegal dumping?


Benavides: The problem is not in the understanding of the ordinance, it is in the enforcing of said ordinances. Many times politics plays a role in the enforcement of ordinances. I will be a fair and impartial judge. If environmental ordinances are not heeded, then the violators should pay the fine.
Navarro: In light of the Laredo City Council's recent creation of the Environmental Advisory Committee, I would work hand in hand with this committee, the City Attorney's office, and respective city departments to review existing ordinances. Together, I believe we would be able to reach a consensus and recommend to City Council which ordinances need to be amended, revised, created, or eliminated. I would also confer with the Fire Department, Police Department, and Code Enforcement Division as to ways in which enforcement could be improved.
Ornelas: I would seek a deeper understanding of the City of Laredo environmental ordinances by implementing the following:
a.) As a Judge, I have been privileged to meet with different citizen advisory groups as they discuss submission of environmental ordinances to our City Council. This unique opportunity allows me to understand their intent for writing and passing these ordinances.
b.) Open Door Policy -- As a Judge, I will make myself available to the community to hear their concerns in regard to the enforcement of environment ordinances.
c.) Conduct workshops with ordinance enforcement officers, elected officials, and more importantly the community, to discuss issues, enforcement, and legislative intent with regard to environment ordinances.
Tellez: One of the basic responsibilities of any judge within our American judicial system is to have a profound knowledge and respect of the laws that she or he must interpret and apply to ensure justice is done. As a former city attorney as well as a former municipal court judge for the City of Laredo, I have a profound knowledge and respect for our local laws, including all of our environmental ordinances.
Indeed, as a former city attorney I have prosecuted violators, and as a former Municipal Court Judge I have judged and sentenced violators of such ordinances. A city ordinance states what act or conduct is prescribed or proscribed under it, as well as what penalties may be imposed for violating it. Judges do not make laws, they interpret and apply the laws. Our local environmental ordinances, such as those that make solid or hazardous waste dumping illegal, are designed to match the fine and consequences to the environmental crime or infraction. An "unauthorized [hazardous material] discharge" under our "Environmental Protection" ordinance, for example, is punishable by a fine not to exceed $2,000 per violation. In determining the fine, the Municipal Court Judge should consider all relevant circumstances, and may include the weighing of such factors as the nature and persistence of the violation, and the frequency of past violations and corrective action, if any, taken by the violator. Because one of the cornerstones of the quality of life of any community is the quality of its natural environment, the failure of any person to respect our city's environmental ordinances will be taken very seriously in my court, and the fine and consequences for violating these local laws will have to match the environmental crime or infraction committed. No one should walk away from an illegal waste dumping violation with a slap of the hand when a slap of the maximum fine could be more appropriate. It is only with such judicial action that such laws may become an effective means of getting all of us to comply with our local environmental laws.

What can the Municipal Court do to make this City cleaner and more environmentally in step with the rest of the State of Texas?


Benavides: As a full-time judge, I will work with the citizens of Laredo to advocate the importance of environmental awareness and the necessity to live in a cleaner, better environment.
Navarro: I am a firm believer in communication between the citizens of Laredo and their Municipal Court Judge. My early experiences as a member of the media taught me the importance of "getting the message out." That exactly what would be required in the effort to keep Laredo "Green." My platform emphasizes the importance of keeping the populace informed by a highly visible Municipal Court presence. Through various means such as a current and continuously updated website, visiting schools, civic organizations meetings, and media events and other public forums, environmental issues and concerns as expressed through the daily workings of the Municipal Court could then be disseminated more thoroughly. News items on events of environmental interest such as the Dia del Río and participation in other environmental programs could also be emphasized. And my platform commitment to an educational program aimed not only at school children but at the entire community could also be brought to bear on this important issue.
Ornelas: The Code of Judicial Conduct prevents a Judge from advocating any particular position. However, the court is afforded the ability to assist the community in assuring that all complaints are expeditiously processed.
Tellez: A Municipal Court can and should play a significant role in making our city's environment cleaner and in step with the leading environmentally progressive cities in the State. A Municipal Court Judge must take the lead in ensuring that our City's environmental laws are respected and taken seriously by all of our residents. Such a policy will be in force throughout my tenure as your Municipal Court Judge and those persons found guilty of such environmental crimes, after a fair trial, will have to be accountable for their action. It should never be cheaper to violate our environmental laws than to comply with them. However, it would be unwise for me to say that the latter would be enough. There are other ways that our city's environmental laws will come to be respected and complied with: education and community service. I plan to work hand-in-hand with the city attorney, the city officials, the fire chief, the Citizen's Environmental Committee, and the city's new Environmental Services Department in forging an education and informational campaign to raise our residents' awareness of our environmental ordinances, how and why compliance with them is important for all of us, and why there must be imposed fines and consequences for violating them. But it's important that the people not just fear the individual penal consequences for committing an "environmental crime;" they must also fear the consequences that such "crimes" will have on the quality of our community's environment. Thus, traditional legal penalties, such as fines, are simply not going to be enough to stop illegal waste dumping. As Municipal Court Judge, I would consider imposing on environmental law violators the requirement that they attend a course on a "a safe and healthy environment" and do community service with the city's Environmental Services Department as part of their "punishment," not in lieu of it. I believe the forgoing policies and programs will contribute to the making of our city a cleaner, safer, and healthier place to live, work, and raise our children.

How do the decisions of a Municipal Court Judge change a city?


Benavides: Tremendously. The decisions and actions of the Municipal Court Judge play a major role in the quality of life the city can provide to its citizens.
Navarro: In a fair, impartial, and just application of a city's ordinances, a Municipal Court Judge has the potential to effect a tremendous amount of change, working one person at a time. For example, new and creative ways of applying punishment when punishment is due. Think about someone sentenced to a number of hours of community service. If they are assigned the task of picking up after their fellow citizens, it can help to make a city more beautiful to live in. Then, in spreading the news about their fellow citizen's community service, via the Court's website for example, the Judge can point out the consequences of not obeying the city ordinances. They may then be creating an atmosphere of greater social consciousness and responsibility, which in its own way also makes a city more beautiful to live in. And, as someone who is in a position of leadership, a Municipal Court Judge can change a city's perceptions of what to expect from their elected officials. I believe that those who lead best, lead by example.
Ornelas: The impact that the decision of the Municipal Court Judge has on the City is hard to assess. The decision should be made within certain parameters, which ultimately should have a positive impact. The reasons for which punishment is assessed are as follows:
a.) Retribution -- punishment by imposing stiff fines, depending on severity of the violation.
b.) Deterrence -- to prevent reoccurrence as to the offender and the community at large.
c.) Rehabilitation -- to educate that violations are not accepted in our community. This can be reached through fines or community service, or both.
It is expected that by dispensing punishment within these parameters, the community at large will have a heightened level of awareness and in this way, change the character and attitudes of the community. The Municipal Court hears over 89,000 infractions of the law every year. The Court generates revenues of $3 million a year. The actions of the Court impact everyday living, in each and every household in the community by addressing issues like driving safety, environment control, and juvenile and truancy issues.
Tellez: A Municipal Court Judge's decisions can change a city by getting its residents to respect its laws and ordinances. For example, a decision by the Municipal Court Judge sentencing a person who has been found guilty of dumping industrial waste illegally to personally participate in cleaning up the waste dumped would send a message to the people that such violations will be taken seriously, as it should be. People will not be heard to say, "¡No'mbre, no te preocupes, el juez no te hace nada!" Indeed, it should and will be just the opposite. Of course, the Municipal Court Judge's decisions cannot ignore the limits that the Constitution puts on our local laws. Thus, the Municipal Court Judge must dismiss the charges against any person accused of violating any local law that is unconstitutional or otherwise illegal. For example, day workers may not be prosecuted for violating a city ordinance prohibiting the solicitation of employment in our city's public areas because that ordinance has been declared unconstitutional by a federal court judge. Indeed, respect for the city's laws, however, is directly related to respect for the Municipal Court and its Judge.
Such respect can only be earned by a Municipal Court Judge who is fair and impartial to all those who appear before the Court, whether rich or poor, young or old, Laredo-born or not, and whose decisions are based on a well-studied interpretation and wise application of the law. To ensure the impartiality and unbiased MC Judge, I would advocate that this position be an appointed, rather than elective, one. Once elected to the MC Judge of Laredo, I will act as if I have been "appointed" directly by the people -- owing them neither more, nor less, than the responsibility to seeing that justice is done in Municipal Court.

What is fairness? What is judicial wisdom?


Benavides: Fairness is to execute an unbiased judgement in every case and situation. Judicial wisdom is the ability to differentiate and balance the interests of the city versus the person being cited. All violations of the city as a whole and the violator of the ordinance is a member of the same body (the city). A Municipal Court Judge must try to protect the masses from the few.
Navarro: Fairness is what I will bring to the position of Municipal Court Judge, and by the Grace of God, judicial wisdom will be my legacy.
Ornelas: The concept of fairness can be articulated in two separate contexts: fairness as dictated by basic precepts of law and fairness which is largely forged from one's experiences and the principals taught to us by our parents, our teachers, and our friends. As lawyers, we take a solemn oath to uphold and adhere to the principals of law. As judges, we are held to a higher standard of impartiality and honesty. A Judge must be free from biases, prejudices, favoritism, or self-interest; a Judge should strive to be above reproach. Fairness as it applies to a Judge should be a synthesis of our legal training and our sense of right and wrong.
I believe judicial wisdom is never fully attainable; judicial wisdom is an evolving state which we, as lawyers and advocates of the law, should continually strive to acquire. As judges, our efforts to reach a higher level of wisdom depends on our work experience and our dedication to being students of law. In the resolution of cases, a Judge must listen to all relevant evidence and assess the consequences that reflect the legislative intent and that promote public policy for the well being of society. These results should be tempered with the punitive measures which move beyond retribution and which seek to educate and prevent recidivism.
Tellez: I embrace the traditional notion of "fairness," which is an integral and necessary component of constitutional due process embodied by our American system of justice. Such a notion of "fairness" will be alive and well and jealously guarded in my court. It entails the following: (1) the presumption of innocence of those accused of any violation of a city ordinance; (2) notice of the conduct or act that one is alleged to have committed in violation of a city ordinance; (3) the full opportunity to prepare and present an adequate defense and to confront and cross-examine witnesses against the accused; (4) a fair trial before an impartial and unbiased judge and jury without weighing on the scales of justice family or political ties, social class, ethnic background, or other such factors; (5) the entry of a judgment or jury verdict of guilty or not guilty based on the admissible, competent evidence; and (6) the imposition of a fine or punishment that fits the crime within the bounds of the law and the Constitution.
But there is another side of "fairness" that will be apparent in my court: all people who appear before me shall be treated with dignity, respect, and equality. Every person shall walk away from my court feeling that they have been treated "fairly" regardless of the outcome of their case.
"Judicial wisdom" is the ability to quickly grasp the essence of the law, know what facts are relevant, have almost a sixth sense of who is telling the truth and what the truth is , make a fair and just decision, and mete out a sentence that will be accepted in the minds and hearts of the people as justice done. I truly believe I have specially developed "judicial wisdom" over the span of 20 years of legal advocacy and judicial experience, including my experiences as Laredo's city attorney (and prosecutor), as former associate Municipal Court Judge for the City of Laredo, as Webb County's General Elections Judge, and as a defense attorney in cases before the municipal, state, and federal courts. I would be truly honored if the people of Laredo were to afford me the opportunity to apply my "judicial wisdom" as their next Municipal Court Judge.

 

 


Margarito Benavides


Diana Navarro


Alfonso H. Ornelas


Jose S. Tellez
 
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