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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.
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How
long have you been a practicing attorney?
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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.
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What
area of the law most interests you?
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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.
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What
experience do you have as a trial lawyer? How
many years in the courtroom?
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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.
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Considering
the qualifications of the other candidates, please
explain what best qualifies you for the position
of Municipal Court Judge.
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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.
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What
goals would you set for the more efficient administration
of the Municipal Court?
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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.
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What
is the purview of the Municipal Court? Which cases
go to Municipal Court? How does the court work?
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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.
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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?
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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.
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What
can the Municipal Court do to make this City cleaner
and more environmentally in step with the rest
of the State of Texas?
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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.
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How
do the decisions of a Municipal Court Judge change
a city?
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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.
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What
is fairness? What is judicial wisdom?
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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.
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