Biography

 

Name:              Rick Olivo

Age:                41

Occupation:     Associate Municipal Judge & Attorney at Law

Website:          www.rickolivo.com and www.olivolaw.com

Residence:       West Side

Relevant Experience

 

I have ten years of legal experience in criminal and civil matters, including simple and complex business matters. I have also honorably served the City of El Paso as an Associate Municipal Judge since August of 2001, where I presided over an array of municipal violations, ruled on probable cause matters, set bonds, issued arrest and search warrants, and advised the accused of their constitutional rights. I have been in the trenches and performed the duties and responsibilities of a judge. Accordingly, the El Paso Municipal Police OfficersÕ Association honored me with their VIP award in 2006 recognizing me for my judicial service to the community.

 

Issues

 

  1. What is the most important issue facing the court?

 

The 448th Judicial District Court was created by the 80th Texas Legislature to provide civic infrastructure necessary to support the additional 50,000 to 60,000 people expected to move to El Paso as a result of Base Realignment and Closure (BRAC). This court needs an experienced judge that can immediately assume the bench from day one and ensure that the docket is managed efficiently. I have served honorably as a judge with integrity and impartiality and am proud to have maintained the high standards of the judiciary. My six years of experience handling tens of thousands of municipal cases has prepared me to manage the docket efficiently while ensuring fairness for all who appear before the court. I will continue to do so as the judge of the 448th District Court.

 

  1. 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?

 

The State Commission on Judicial Conduct has authority over the actions of judges in the State of Texas and is responsible for investigating allegations of judicial misconduct or judicial disability and for disciplining judges. Their mission is Òto protect the public, promote public confidence in the integrity, independence, competence, and impartiality of the judiciary, and encourage judges to maintain high standards of conduct both on and off the bench.Ó The local government should defer to the State to ensure the fairness of the judiciary.

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

 

I have ten years of legal experience in criminal and civil matters, with a special emphasis in simple and complex business matters. Business matters tend to make up the largest percentage of civil cases. I have represented clients in Municipal, County, District, Appellate and Federal courts, both, civil and criminal, as applicable. I have also served as general counsel to small community associations and to large companies doing business internationally. I currently serve the City of El Paso as an Associate Municipal Judge (since August of 2001), where I preside over an array of municipal code violations and right of possession hearings. I also have the responsibility of serving as a Magistrate executing warrants, temporary restraining orders and commitment orders; presiding over indigency hearings; setting bonds and advising the accused of their constitutional rights. These matters range from class C misdemeanors up to capital murder. I have been in the trenches and have performed the duties and responsibilities of a judge with integrity and impartiality.

 

  1. How do District Courts differ from County Courts?

 

The difference between District Courts and County Courts depends on the specific jurisdiction authorized for that particular court. Generally speaking, County Courts at Law have jurisdiction over misdemeanors and/or civil actions from $200-$100,000; unless a higher maximum jurisdictional amount is prescribed under the law. District Courts generally have jurisdiction over felonies and/or civil actions starting as low as $200 and up. The 448th District court is a court of general jurisdiction. In other words, this court has jurisdiction over criminal and civil matters.

 

  1. 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 donÕt have an opinion on the trend at the state level to either consolidate the county and district courts or to allow them to hear similar cases. The State Legislature will decide what it feels is best for Texas courts and I, as judge, will perform the duties and responsibilities prescribed by the Constitution, relevant statutes and the Judicial Canons.

 

  1. 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 a judge ought to recuse themselves? Are the rules clear enough and if not, how would you change them?

 

The Texas Code of Judicial Conduct is very clear and I cannot, nor would not, change it. Specifically, a judge shall not allow any relationship to influence judicial conduct or judgment. In other words, a judge should act in a way that promotes public confidence in the integrity and impartiality of the judiciary. Furthermore, a judge should not allow family, social, or other relationships to influence his or her judicial conduct or judgment. A judge should recuse himself any time he feels he cannot meet that standard.

 

  1. Is there fair access to justice for everyone? How would you improve access; specifically, how would you support public defenders?

 

The system is set up so that everyone has fair access to justice. In fact, the Judicial Canons provide Òa judge shall accord to every person who has a legal interest in a proceeding, or that person's lawyer, the right to be heard according to law.Ó Accordingly, judges have the ability to develop community initiatives through special programs in their courts that provide powerful resources for people in need of them, i.e. drug, D.W.I. and family violence programs. Legal aid offices, including the public defender, successfully incorporate the use of pro bono attorneys to represent indigent individuals. Funding for these programs is generally raised through grants. I would support any grant funding by the public defender or legal aid offices to explore such options.