By ALBERT VILLEGAS
Special to the NEWS
When it comes to the San Benito City Charter, it appears that current elected leaders continue to interpret the ordinances differently and seek legal counsel to proceed with repealing or amending them.
The latest occurrence took place during a regular meeting on Nov. 3 regarding the minimum qualifications and application for San Benito Municipal Court judges and the proposed repeal of the current ordinance.
Place 1 Commissioner Ricardo Perez and Place 2 Commissioner Daniel Cortez requested that the item be placed on the agenda.
Mayor Pedro A. Galvan wanted to discuss the matter and asked that the item be removed from the consent agenda, which would have had a second and final reading before a commission vote.
Galvan initially moved to table the ordinance, and then another moved not to approve it, but neither motion received a second, so both motions died.
Perez then moved to approve the ordinance and received a second from Cortez. It passed by a 3-1 vote, with Galvan the lone no vote.
Mayor Pro Tem Jose E. Navarro was absent.
JUDGESHIP CAROUSEL
Court Administrator Christina Sanchez confirmed after being told by Mayor Galvan that “it’s already difficult to find a municipal judge and the Charter states San Benito is supposed to have one municipal judge.”
Sanchez concurred, “We have two — a presiding and an alternate.”
She said it’s been this way since she began in 2013, but before there were three judges.
Galvan said he favors two judges, too, but referenced the City Charter, which he values more than his or an elected leader’s beliefs.
That’s why Galvan feels a Charter Revision Committee should be formed.
At the moment, the two judges are each paid to work alternate weeks, Sanchez said.
“They take turns every week, Sunday through Monday. They handle arraignments at the police department; they come in if we need a judge to sign paperwork,” Sanchez said. “Either one is always available.”
Sanchez said it’s ideal to have two alternate judges because San Benito doesn’t have a full-time judge.
When asked by Mayor Galvan whether two judges constitute a “violation of the City Charter,” Attorney Andie Vela, serving as City Attorney Eric Flores’s stand-in, said she would need to do more research on the matter.
“Your City Charter states that it requires a municipal judge; I could do additional research on this if you wanted a more definitive answer on two judges or on your alternate system and how it works,” Vela said. “Reading this (City Charter), you are required to have one, but your Charter is silent on whether additional judges are supported.”
Galvan cited the recent censureship against him, saying, “The Charter is also silent on whether we can censure a mayor, but they still did; that argument is not good. The Charter has verbiage. Do we follow it or not? If we continue to play the game the Charter is silent on, then we’re going to run crazy.”
There was an empty application attached to the agenda item in the meeting packet, which piqued the interest of Mayor Galvan.
“The City Charter explains how we should go about making an appointment, but it doesn’t mention qualifications and it does leave a term there,” Galvan said. “The last time San Benito went out for applications for judges, we didn’t receive any.”
Galvan was referring to the current Municipal Judge Noe Alaniz, Jr., who is an attorney. He serves as Justice of the Peace for Precinct 3, Place 1.
According to the City of San Benito, the other judge is David Garza, JP for Precinct 3, Place 2.
Their terms end in May 2027 after being appointed in 2025.
The attached exhibit shows an application to appoint a “presiding judge and associate judge for a two-year term who hears Class “C” misdemeanor cases.”
Attorney Vela said the proposed ordinance change would also include qualification requirements.
BLOOD WARRANTS
Commissioner Perez said “blood warrants” is why he suggested qualification changes for municipal judges.
“Blood warrants consist of a judge being an attorney, so that’s one of the requests I asked to be added,” Perez said. “In case one judge can’t be contacted, I’m asking both judges be attorneys.”
Galvan, who has served on the commission for six years, said that Cameron County typically handles blood warrants and that San Benito Police Chief Mario Perea told him the process is “quick.”
The District Attorney’s Office provides SBPD investigators with a list of judges. Investigators then call and email judges. Sometimes SBPD personnel drive to judges’ homes to execute a warrant.
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