NPT Voter Guide 2008

County Criminal Courts at Law 3 and 4 Questions

 

Biography

Name:Jesus R. Herrera

Age: 54

Occupation: Senior Trial Attorney, El Paso County AttorneyŐs Office

Website:  www.jrh4judge.com

Residence: West Side

Relevant Experience:  A combined 28 years of experience as a civil trial lawyer, criminal defense lawyer, Assistant Texas Attorney General, Regional Counsel for the Texas Department of Family and Protective Services and presently, Assistant County Attorney for El Paso County

 

***Issues:

1.What is the most important issue facing the court? The most important issue faced is the choice made by voters as to who sits on this bench. This is a new court. It will deal with criminal cases and with cases involving family violence. The judge of this court must be ready to start on the first day and must have the background, experience and attitude to take on a docket of no less than two to three thousand cases. The person who assumes this responsibility must have maturity, a clear sense of perspective and the capacity to make tough calls fairly and even-handedly with absolutely no regard to politics or anything which would diminish the dignity of the law or the court.

      2. Is the local system of oversight sufficient to protect the public from unfair      judges?            If so, why, and if not, how would you change it?  In El Paso, there is no local       oversight of judges except for voters and vigilant lawyers. The label "unfair"             can be misleading, however. An adverse decision may not necessarily   be        "unfair" if your side doesn't win. Issues of civility (or itŐs absence), inefficiency          and cronyism are, to a large extent, addressed by lawyers running against      incumbents and "kicking the rascals out". For the more serious issues,        the State Commission on Judicial Conduct does do a creditable job in             sanctioning incompetent, arbitrary and corrupt judges when the bar acts       courageously and brings forth a complaint.

3  What experience do you have with the law that will make you a good judge?

            A combined 28 years of experience in the courtroom as a civil trial lawyer, a    criminal defense lawyer, an Assistant Texas Attorney General, Regional          Attorney for the Texas Department of Family and Protective Services and       presently, Assistant County Attorney. More importantly, I have developed a             sense of what is fair. I possess a deep respect for the clients I have served and             for those who come to the Courts for relief.  I have no plans to change.

 

4  How do County Courts differ from District Courts? The County(Criminal) Courts           have jurisdiction over misdemeanor criminal cases and in this Court, (#4)       priority settings for Family Violence cases. Fines are up to $4,000.00 and jail   time can be imposed up for to one year. (Criminal) District Courts oversee        felonies which are the more serious cases such as murder, etc.

 

 

5  What is your position on the trend at the state level to either consolidate the county and district courts or to allow them to hear similar cases? Criminal procedure and     rules of evidence are, mainly, applicable to both County and District Courts. There are advantages to combining them. Civil rules and evidence are also universally applicable but would require perhaps maintaining specialization in          the types of Courts themselves, e.g., tax courts, probate courts and the like.    Consolidation has benefits in that costs could be shared or reduced to the         Counties' benefit, especially in the less wealthy counties.

 

 

6  In El Paso, it seems like lawyers and judges know each other, something perhaps similar to most communities. What are some of the situations under which you think judges ought to recuse themselves? Are the rules clear enough and if not, how would you change them?      There are rules and case law already in effect that dictate when a judge should recuse him/herself from the outset, for example a family tie, prior knowledge, interest or involvement in the issue before the court. What is not entirely clear and what needs to be addressed is whether campaign contributions should be factored in the decision to recuse. As Texas elects its judges, judicial campaigns should be publicly financed with caps on spending and, along with other campaigns, should be given access to the media for dissemination of what is necessary information for the public benefit.

 

 

 

7      Is there fair access to justice for everyone? How would you improve access; specifically, how would you support public defenders?  No. Justice, or more accurately, competent counsel and representation, very often depends on a partyŐs ability to pay, in the same way health care accessibility is dictated by a patientŐs insurance coverage or lack thereof. The private bar is, by definition, a private enterprise more so now than in the past where marketing and advertising is key to a successful practice. The Public Defender is crucial to alleviating at least part of the problem by offering competent, vigorous representation to the indigent. The service should be expanded as the need is great and many attorneys would prefer defending clients to devoting large blocks of time to the business end of a practice. A gap remains, however for most members of the middle class who do not qualify for the PDŐs services and who might benefit from at least a partially subsidized fee system, based on a clientŐs ability to pay.