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Candidates seek your vote
Published October 18, 2008
Del Rio attorneys Jacques De La Mota and Enrique “Henry” Fernandez, who are both seeking the position of 63rd Judicial District Judge, answered a slate of questions during Wednesday’s Del Rio News-Herald Candidate Forum.
The following is a transcription of the candidates’ answers to questions asked by the News-Herald Editorial Board:
DRNH: What do you feel is the most important quality a state district judge must have and why?
Fernandez: I think the most important quality that a state district judge should possess is experience. Experience in trying cases, experience in trying various cases. The reason why that is so important is because a judge should have judicial temperament and what that means is that the judge should treat all litigants, all persons that are involved in a trial, with dignity, with respect. People have given the judge, for whatever reason, a certain level of respect, and in turn, the judge should reciprocate by treating every litigant with respect.
In order to treat everybody that’s involved in the trial with respect, the judge should know the circumstances or know what the positions are of each litigant, and you can only learn that by having tried many cases, with the experience.
I’ve tried cases as a prosecutor, I’ve tried cases as defense attorney. I’ve tried cases as a plaintiff’s attorney. I’ve tried cases as a civil defense attorney.
So. The nature of the trial process itself is very adversarial and the people that are involved in litigation, be it the criminal or the civil side, the issues that have been brought before the judge are very, very important issues to their lives. And the litigants are going to be advocating for certain issues. They may be using the same references, the same legal references, to argue the same issues, but for their own side, and unless the judge has had the experience of standing in their shoes, he won’t know how they feel.
So I believe the experience, knowing the trial process and knowing what is in the mind of the litigants is very, very important, and you’ll only know that, you’ll only be able treat everybody with respect if you have the experience in trying all those cases.
De La Mota: The American Bar Association defines. . .I believe the most important quality is judicial temperament, and as defined by the American Bar Association, judicial temperament is compassion, decisiveness, open-mindedness, sensitivity, courtesy, patience, freedom from bias and a commitment to equal justice. But what does this mean? How does this apply to us at our level? How does a judge display this in the courtroom?
A judge displays this in the courtroom by being courteous, by being patient when listening to testimony and arguments from counsel, by acknowledging that when litigants come into the courtroom they are in an uncomfortable and unfamiliar setting and they need someone to understand the position that they are in and a judge will do that by fairly and objectively deciding the issues that are before them. And if the judge has done that properly, when the litigants have had their day in court and they feel that they’ve had a fair hearing – cause it’s going to be win or lose for some people – they will accept the judge’s decision because they feel that they had a fair hearing and that’s the most important part.
Now, as to experience, since I have received my more recent and more relevant law degree, I gained admission into state court and into federal court for the Western District of Texas, into bankruptcy court, where I’ve helped homeowners keep their homes, into United States Tax Court, where I have kept the IRS off the backs of taxpaying citizens, and immigration court, where I helped one abused woman, she was the victim of spousal abuse, I helped her receive her legal papers to stay in the United States with her children.
I’ve been admitted into the Fifth Circuit Court of Appeals, which is just below the Supreme Court of the United States, and I’ve been admitted to the Supreme Court of the United States, all within the issuance of my license and practice of law.
So as to experience, we mustn’t confuse years with experience. What is experience? Who has made the most use of their law degree?
DRNH: How has your legal experience prepared you to be the next judge of the 63rd Judicial District?
De la Mota: And that goes to what I was saying earlier. Experience and taking your law degree and using it to the best interest of your client. Neither one of us have been judges, neither one of us have sat on a bench and we both face a steep and high learning curve, but who has the proven ability to overcome that learning curve in a shorter period of time?
Like I said earlier, I’ve been admitted into the state courts, the federal court, the Fifth Circuit Court of Appeals, which is just below the Supreme Court of the United States, and the Supreme Court of the United States, bankruptcy court and immigration court. I think I’ve proven that I have an agile legal mind to face the issues that will be placed before me, to address them and address them squarely. I think that’s the experience that I have to take this bench.
Fernandez: Again, going back into experience. He’s talking about all the different levels of admissions, but that doesn’t mean that he’s tried cases, like I have tried cases in the 25 years that I have been licensed to practice law.
I have been a prosecutor, a public servant. As a prosecutor, I prosecuted misdemeanor cases as Val Verde County Attorney. As a criminal defense attorney, I tried numerous jury trials, ranging from DWI all the way up to murder. And it’s the years of experience and the years of actually trying cases as a full-time attorney; I’m not a part-time attorney, I’m a full-time attorney, and that’s all that I do. I go around and I’m trying cases.
And it’s, especially jury trials. Jury trials are so, so difficult; you can ask Freddie about trying them as a district attorney. It’s so hard to prepare a case on the prosecution side. I’ve done that. I’ve prepared cases on the prosecution side. I’ve prepared jury trials on the defense side.
Being admitted into practice, in five years, to several different courts that you’re not going to be using in the state district court level, I just don’t understand how that means that you have experience. Experience means actually trying cases, and I have done that for 25 years.
DRNH: Why do you want to be the 63rd Judicial District’s next judge and what qualifies you to best fulfill that position?
Fernandez: Again, I have been doing this for 25 years. I have tried cases in the different courts here in this community. I tried cases in every county of the 63rd Judicial District Court. That means here, Kinney County, Edwards County and in Terrell County.
And it’s going into these courtrooms, these beautiful courtrooms, and I’m just stunned and awed by the beauty of the courthouses. Not just the aesthetic beauty of the courthouses, but that psychological feeling that you get when you go into a courthouse and you know, you’re struck by the awe, that you’re in a place where people come to settle their disputes.
And they come before the district judge, this imposing figure in the black robes that’s there, where the litigants say, ‘This guy is going to settle our dispute here,’ and I’ve done that for 25 years and I’ve had experience as a mediator where I’ve been able to assist people in resolving their disputes, but not as a judge, in trying to get them to resolve their disputes short of going to court before a judge, but again, seeing the importance, in seeing what the integral role that a district judge has in our judicial system, after 25 years, I’ve decided it’s my time to try to give back to the community.
Basically, after 25 years of experience, I think I can do that. I think I’m ready for it. I think I’m qualified for it and that I am ready to do for the people of our community. Thank you.
De La Mota: The reason I’m running is that I want to serve the citizens and residents of the 63rd Judicial District. I think that it’s important that every litigant and every attorney that comes before the bench will know that they will receive a fair and even-handed application of the law, because by the time they’ve gone to court, they’ve spent hundreds of dollars on attorneys’ fees. They’ve spent countless hours in the attorney’s office preparing for trial and undergoing the stress of preparing for court. It’s imperative that when they stand before the bench that they will know that they’re receiving due process of law, that they are having their day in court before a judge who will apply the law fairly and even-handedly.
Also, I think it’s important that the judge who takes this bench, the person that takes this bench, understand that they are the gatekeeper to civil litigation within our jurisdiction. Sixty percent of the cases that come before the bench are civil litigation. You’ve heard earlier that one percent or less of our cases are tried.
Sixty percent our of the cases are going to be family law, divorce, child custody, child support, cases that directly affect the residents of our community, so when we elect a judge, we need to understand that he is the gatekeeper, or she is the gatekeeper, to civil litigation and we want a judge who’s going to keep frivolous lawsuits out and protect our businesses and keep our businesses from unwanted litigation and keep our economy strong. And protect our personal interests.
Again, I have been admitted into several courts and I have practiced in these very same courts. I haven’t just been admitted. I have made well over 1,000 appearances in state court, in federal court, in bankruptcy court and in immigration court, representing individuals just like you who had personal interests at stake. The only court that I have not practiced in, which is every attorney’s dream, is the Supreme Court of the United States, but I am admitted to the Supreme Court of the United States.
So I’m running because I want to serve. I’m running because I want to protect the interests of my community. I’m running because I’m qualified.
DRNH: If elected what steps, if any, do you pledge to take to help speed the disposition of cases in your district?
De La Mota: That’s an interesting question. Like Mr. (Fred) Hernandez said earlier, each case has its own unique set of facts. Each case has its own personality. And as you’re working with the individual in that case, whether they’re a defendant facing a criminal charge or it’s a private case, it’s a divorce case, it’s a child custody case, each case has is own personality and it takes time to develop the facts and the issues of law.
There could be a case that comes before the bench that could involve breach of contract, it could involve a DPTA claim, a false business claim, it could involve a slander, libel claim, all in one petition. So that case would be a very complicated case and it could take lots of time to resolve, but the person behind the bench has to recognize all the issues within that one petition.
So, I have a master’s degree in business administration in accounting. I’m a certified public accountant. I have the training and the ability to manage a courthouse and I think when a person comes and looks at the administration of the courthouse, things could perhaps be improved.
One thing, I think that could be improved would be to make our docket electronic. That’s happening in other counties. I’ve been in courts in other counties where the docket is electronic. That’s something that could make the practice of law much simpler for the attorneys that have to file their motions and for the courts to get their documents filed.
Fernandez: I think the district attorney did explain as far as the criminal process is concerned, the procedures that are instilled already govern that, depending on what type of cases, depending on whether the person is still in jail and has not been able to make bond; there are priorities. The only other way to speed up the process is by adding more courts and obviously that’s not going to happen. If we had more courts then we could have more cases tried that are pending.
As far as the civil cases are concerned, I have been in courts all over the state of Texas and I have seen in some courts where you file a petition and ask for a jury trial and two days later, you’re given a scheduling order with a date for a jury trial, and the dates on the different procedures, the different pre-trial things that have to be done beforehand. That’s something that I would consider.
Another thing is maybe developing some local rules, local rules as to how cases are to proceed in this district or in this county. Now obviously I can’t change those rules by myself. It would take the cooperation of the judges in this county. I have spoken to one, and I can’t mention that person’s name because it might sound like an endorsement, but I have spoken to one of the judges in this county and we’re discussing the possibility of collaborating to develop some local rules which would have certain time frames in which cases, civil cases, must be tried. So that’s an idea.
But then not only would it call for the cooperation of the judges in this county, then you’ve got to, I would ask for the input of all the trial attorneys in, that are practicing in this district, get their input as far as how the local rules should be developed. But whatever local rules are developed, they must be approved by the Supreme Court of Texas, so that is something that I would look at to speed up the process.
DRNH: Under what circumstances do you feel a district judge should recuse himself from presiding over a case?
Fernandez: The Texas Rules of Civil Procedure govern the instances in which a judge is disqualified from hearing a case and also instances where there are grounds from recusal. The judge cannot hear a case in which he has an interest in, such as if it’s a lawsuit against the company and the judge has some kind of financial interest in the company itself, that’s a grounds for disqualification.
Recusal according to the Rules of Civil Procedure, are instances in which the judge may be biased, for whatever reason. Biased because of personal relationships with the litigants that may be involved, of course, relationships by consanguinity, by blood, or by affinity, those are grounds for recusal.
Again, the major ones are if there is some type of financial interest and if there is some kind of relationship, but there are cases in which maybe even, that a, if the litigant can prove that the judge has made some statements or something, that he is not impartial, and would not be able to provide a fair and impartial trial, then that would be a ground. Thank you.
De La Mota: As Mr. Fernandez said, the Texas Rules of Procedure govern when a judge should recuse himself from the bench and the also the canons of judicial ethics also say when a judge should recuse himself, so if there’s a common sense conflict between the judge and the parties, and it’s fairly obvious when the case would come before the court if there is a conflict, then those rules would kick in then the judge would know to recuse himself or the attorneys would then, could also then have the judge taken off the case.
The canon of judicial ethics also states that when the judge’s conscience is affected by the case and the judge feels that he or she cannot make an objective determination or cannot objectively preside over the case, then the judge has an ethical and moral obligation to remove himself or herself from the case and allow the senior judge then to make the determination as to which judge should then hear the case.
But the rules are fairly obvious when it comes to a common-sense type of conflict that the judge has too much of a personal relationship with one of the parties, if there’s a business relationship with one of the parties, or the judge has had prior contact with the parties then the judge should properly be recused.
And again the judge’s conscience should dictate whether he or she should hear the case.
DRNH: Why should the citizens of Val Verde County vote for you?
De La Mota: It’s my position, again, and I’ll repeat myself: I think it’s imperative that every resident of the 63rd Judicial District have their day in court and that they stand before a judge that is fair and independent and will apply the law in a fair and independent manner. The role of a judicial judge is a seat of public trust and we’ve put someone there to make decisions for us and it has to be someone that we can trust. This is a person who is an extension of our community. I am from this community. I’m a fourth-generation Del Rioan. I grew up here, and I feel that I reflect the values of my community. I believe in working hard. I believe in getting an education. I believe in applying yourself. I come from very humble beginnings.
My grandfather was a bus mechanic and janitor. He cleaned buses at the bus station across from the courthouse on Pecan Street. That’s where my family began. My great-grandmother sent my father to college and that’s how we began our education in our family. My family taught me hard work. My grandfather taught me to work hard and my dad taught me to work smart. And that’s what I believe in.
I’m qualified. I have proven that I have the mind that come before the bench. In the time period of receiving my law degree, not only passed the bar exam, and I’ll let you in on a little secret. I finished law school in two years and four months. I graduated in December of 2002. I sat for the CPA exam in November of 2002, graduated from law school in December of 2002, sat for the bar exam in February 2003, passed the bar. I passed part of the CPA exam in November, went back in May and took the CPA exam and passed one more part and in November of 2003, I sat for the CPA exam the last time and completed the requirements for my CPA certificate. So in 12 months, I graduated from law school, I passed the bar exam and I wrapped up my CPA license.
I have an agile mind. I have an agile legal mind that can adapt to the law and can overcome the learning curve that we will both face in taking this bench.
Fernandez: The 63rd Judicial District Court is the primary trial court with general jurisdiction in serious civil and criminal matters. In civil cases the matter in controversy must be over $10,000. The district judge presides over family law cases where many times decisions regarding the custody of children or the removal of children from the family have to be made.
In criminal law, the judge presides over cases where the possible punishment must be a term of confinement in prison, to possibly even the death sentence. The position calls for an experienced trial attorney who understands the complexities of the trial process, a person who has gone to trial enough to know what the participants of a trial are going through.
Now having 1,000 appearances does not mean that they prepared 1,000 cases for trial. If that’s what e did, my hat’s off to him. I graduated from the University of Texas at Austin in 1979 with a BA degree. I graduated from the University of Houston School of Law in 1983 with a doctor of jurisprudence.
For the last 25 years, I have been a full-time practicing lawyer, not a part-time. I’ve been a full-time practicing attorney. Most of that time was spent in the private practice of law in Del Rio, however, I have also served as assistant county attorney and Val Verde County Attorney. I served as a staff attorney for Texas Rural Legal Aid, as an assistant attorney general for the state of Texas. My practice includes eight years with the firm of Lowrey, Foster and Hodge, four years with the firm of Knickerbocker, Jasso and Dovalina, three years with the firm of Dovalina and Fernandez and the last eight years I’ve served as a solo practioner in my law offices of Enrique Fernandez.
During my 25 years of practice, I have had extensive experience as a trial lawyer. During that time I have tried numerous jury cases, as a prosecutor, as a criminal defense attorney, as a civil plaintiff’s attorney and as a civil defense attorney, and I have tried many more before the court without juries.
In my capacity as assistant county attorney and county attorney of Val Verde, I was a public prosecutor. I believe that my academic preparation, coupled with my 25 years of experience as a practicing attorney has prepared me to serve as your district judge.
I have the privilege of serving the State Bar of Texas as a member of the Unauthorized Practice of Law Committee and served two terms on the grievance committee to help maintain the professionalism and integrity of our profession. I also believe that although even though experience, education and preparation are essential qualities to be considered in this election for district judge, a candidate’s character and reputation for honesty and integrity is even more important.
Character doesn’t come from party affiliation, educational or professional background. . .(Fernandez stopped by moderator.)
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