Name: Judge Mike Herrera
Occupation: 383rd District Court Judge
Website: www.epcounty.com/383dc/default.htm
Residence: Central
Relevant Experience
& Education: Elected State District Judge-El Paso County, Texas Jan. 1, 2001-present
Specializing in family law cases
Graduate, Texas College of Judicial Studies: 2007
Elected Municipal Court No. 1 Judge-El Paso, Texas 1993-2000
Attorney at Law-El Paso, Texas 1988-2000
Handled criminal and family law cases
Tried approximately 70 felony jury trials.
Assistant District Attorney-El Paso, Texas 1986-1988
Prosecuted approximately 30 jury felony trials, including first degree felonies (murder).
Second Chair to former Assistant District Attorney and currently District Attorney, Jamie Esparza, in murder case preparation.
Second Chair to former Assistant District Attorney and currently 210th District Court Judge, Gonzalo Garcia, in jury trial murder prosecution.
Law Clerk to 341st District Court Judge-Webb County, Texas 1986
Texas Tech School of Law-Doctor of Jurisprudence 1983-1985
University of San Francisco School of Law 1982-1983
Received American Jurisprudence Award for Academic Excellence The University of Texas at El Paso-Bachelor of Arts 1971-1975
United States Marine Corps 1969-1971
Austin High School Graduated in 1968
Issues:
1.What is the most important issue facing the court?
The most important issue is the increasing workload in the family courts and false impression of the judicial system. Generally, the general public has a false impression of the judicial system. Most parties expect similar promptness and resolution as seem in movies and television shows. However, movies and television shows actually distort the reality of how the law operates.
The staff of this Court continues to work tirelessly to expedite and facilitate the disposition of pending cases. For instance, this Court disposed of over 3,200 cases last year alone. Thus, the general public may not be aware of the large volume of cases that are heard before this 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 the absence of a local system to oversight, there are rules of Texas
Civil Procedure, which are designed to obtain a just, fair, equitable and impartial adjudication. In the event that a particular judge is disqualified from hearing a case, a party may file a motion to recuse the judge, which must state with particularity the grounds why the judge before whom the case is pending should not sit. This motion is heard by another judge who may grant or deny the motion. If the motion is denied, it may be reviewed on appeal from the final judgment.
3. What experience do you have with the law that will make you a good judge?
Currently, I have been the 383rd State District Court Judge of El Paso County, Texas, since I was elected in 2000. I will begin my third term of another four years in 2009.
From 1993 to 2000, I was Judge of Municipal Court No. 1 of El Paso, Texas.
In my private practice, I represented clients in criminal defense and family law cases as an Attorney at Law from 1988-2000. Before I began my private practice, I was an Assistant District Attorney, El Paso, Texas, from 1986-1988.
As an Assistant District Attorney, I prosecuted approximately 30 jury felony trials, including first degree felonies (murder). I was also Second Chair to former Assistant District Attorney and currently District Attorney, Jamie Esparza, in murder case preparation and Second Chair to former Assistant District Attorney and currently 210th District Court Judge, Gonzalo Garcia, in jury trial murder prosecution.
After I graduated from law school, I was the Law Clerk to the 341st
District Court Judge, Webb County, Texas during 1986. As a law clerk, I
provided legal research and analysis for the 341st District Court Judge to
facilitate the resolution of complex cases. I have extensive experience as an attorney in complex litigation with family and criminal cases. This experience, plus my judicial experience, is a tremendous asset in the judicial system.
4. How do County Courts differ from District Courts?
There are various types of county courts with different types of jurisdiction. The most complicated aspect of county court jurisdiction is probate jurisdiction. Except in counties where probate jurisdiction rests in other courts, constitutional county courts have original jurisdiction over probate and guardianship.
There are specialized county courts at law, specialized district courts. There are many differences and the trend toward court specialization is going to change the dynamics of how these courts operate.
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?
I do not have a position on this issue because as the 383rd District Court Judge, I do not hear civil cases. Although I have general jurisdiction to hear any case, subject to exceptions, I specialize exclusively in family law cases based on the large volume of family law petitions or motions that are filled with this Court.
6. In El Paso, it seems like lawyers and judges know each other, sometimes 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?
First, lawyers and judges may know each other based on our small legal community in comparison to other cities. Second, the legal profession is not the only profession where professionals may know each other. In the medical field, doctors know other doctors and vice versa. Nevertheless, under Rule 18b of the Texas Rules of Civil Procedure, judges must recuse themselves when their impartiality might reasonably be questioned. For instance, the following situations, but not limited to, are examples of when judges must recuse themselves: a personal knowledge of the disputed evidentiary facts; participated as counsel, adviser or material witness in the matter of controversy; knowledge of financial interest in the subject matter; or related within the third degree of
relationship to either party or the spouse, officer, director, or trustee
of either party.
The rules regarding recusal are clear. However, if I could change the rules, I would require that only judges from other counties hear recusal motions.
7. Is there fair access to justice for everyone? How would you improve access; specifically how would you support public defenders?
There is a great deal that needs to be done to provide fair access for everyone. Fortunately, our society has attempted to make it easier for individuals to have fair access to justice. We try to ensure that there is fair access to justice for indigent individuals who are charged with a crime. Thus, I do support public defenders. However, families with low income who seek civil or family law services are limited in receiving legal assistance. Services offered by the Texas Rio Grande Legal Aid, Inc., Domestic Relations Office, and the Diocesan Migrant & Refugee Services, Inc., are some of few government programs available to assist families who have financial difficulties. Thus, I would improve fair access to justice by advancing pro se litigation programs to assist more families with low income.