Alcala: 'Is that any way to be conducting business?'

District Judge dissolves order to appoint interim commissioner

      Saucedo's appointee, Morales to be re-sworn in

A.D. Ibarra

-Eagle Pass

With a packed District 293rd courtroom on hand to listen to deliberations as to whether or not a vacancy did exist the day Gerardo Morales was sworn in as County Commissioner of Precinct 1, many key players were present in the latest drama whcich has become the focus of the Federal government in the past five months such as County Commissioners Cesar Flores, Javier Libson and Daniela Aleman along with County Judge David Saucedo with Morales as well as local attorney Claudio Heredia who was here to monitor this hearing as counsel for his brother Rodolfo.

What was in question from the onset was whether a vacancy existed on the day Morales was sworn in and despite efforts by counsel Luis Roberto Vela and Heriberto Morales, The Honorable Visiting District Judge Dick Alcala was adamant that no such vacancy existed.

"Both commissioners have been temporarily suspended and their litigations are ongoing as we speak," began County Attorney Ricardo Ramos, "We ask the court for clarification, was there a vacancy or not?"

"A non-suit has not been filed in this case, although that is a valid option."

Vela countered with a case from 1932 in which a Travis County Sheriff was suspended, resigned and the county judge appointed a new sheriff.

"In this case it's the same scenario," said Vera, "But the law gives power of commissioner to the county judge until results of his trial, the future order of this court or operation of law," as he mentioned that as soon as the 'Menace of the public' was removed the power to appoint went  to the county judge.

"In this case, your appointment died by law," Vera closed.

"Don't you think that in this case it's putting the cart before the horse?" stated the visiting judge, "It's not the way to conduct business."

Morales' attorneys stated, "We're also of the opinion this court did have jurisdiction.  The court lost that matter once the letter of resignation was submitted, so the temporary appointment should be dissolved," to which Alcala rebutted, "But a vacancy didn't exist, he (Libson) was in office at the time.

Alcala pointed out that in the case they cited, "District Court had not made an appointment, it was vacant in that case, but not in this one."

As much as it seemed that Alcala was going to remain steadfast in his belief that in fact there was no vacancy on March 4, 2013, the visiting judge found that the resignation did not create a vacancy, however he dissolved his motion of appointment, made Maldonado's resignation official as of that day, March 8th and ordered that whoever is to be appointed must be sworn in again.

Judge Dick Alcala thanked Libson for giving his time to the betterment of Maverick County.