Federal judge
nullifies Hondo, Texas, “unprecleared” recall election
--Temporarily resolving
the dust-up over three Mexican American city council members for the small city
of Hondo, Texas, removed from their new seats, on Friday a
federal judge reinstated all three. Judge Fred Biery of the San Antonio federal court (U.S. District Court for the Western District of
Texas) canceled a special election scheduled for
July to replace the three newest members of the Hondo city council, who
temporarily lost their seats in a compromised recall election on May 9. Gina Gonzales, Chavel Lopez, and Lucio Torrez retook their
places Monday morning.
The case is Garcia,
et al v. City of Hondo, Texas (5:09-cv-00394-FB),
filed by Odilia Garcia, Ricardo Benavides, Raquel G. Morin, represented by
attorney Jose Garza of Texas RioGrande Legal Aid.
The judge’s June 12 order granting plaintiffs’ motion for
preliminary injunction notes that the Department of Justice has sent a letter
to the Hondo defendants,asking them to
submit “the voting changes that are the subject of this litigation” and that
the changes—alterations in the election, previously written about, are
unenforceable until resolved.The order
also notes that city of Hondo
has only two council members instead of five, making city government difficult.
The case was filed May 18 under the Voting Rights Act.
In a related item,
Hondo also lost two of its attorneys (all the attorneys in the matter are based
in San Antonio) and added a new one, Rolando L. Rios. Attorneys
Bradford
E. Bullock and William M. McKamie withdrew today (Monday), following the
defeat. Their withdrawal request states that, having already said they would be
on vacation in early June, the city of Hondo hired another attorney while they
were away, and without notifying them, put in Rios as lead atty. “Shortly after
Mr. Rios appeared on behalf of the City, the court issued its order granting
Plaintiffs’ motion for temporary injunction.”
Post hoc ergo
propter hoc. The rooster crowed in Hondo; therefore the candidates for
change—their campaign slogan--rose.
I suppose this is how justice works in small towns America. I don't really approve all the actions initiated by this judge as I don't think removing the three city council members from their seats was based on solid grounds. Putting them back on their positions makes me question even more the the judgment of Fred Biery as a Federal Court authority.
Gordwick, Motion to File Document Under Seal
Justice is the concept of moral rightness based on ethics, rationality, law, natural law, religion, fairness, or equity, along with the punishment of the breach of said ethics.
minneapolis attorney
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