In recent months, two judges from Cameron County, Texas, have come under fire, facing public disciplinary actions from the Texas State Commission on Judicial Conduct (SCJC). These actions involve former Port Isabel Municipal Judge Lee “Kenny” Perez and former 404th District Judge Elia Cornejo Lopez. The SCJC rulings, centered on violations of judicial ethics and professionalism, offer insight into the legal missteps made by these two prominent figures in the local judiciary. This article delves into the facts and the implications of these cases, focusing on the judges’ failures to uphold the standards of judicial conduct expected by Texas law.
Case 1: Public Admonishment of Judge Lee “Kenny” Perez
On August 7, 2024, the SCJC issued a public admonition against Judge Lee “Kenny” Perez, who had served as the Port Isabel Municipal Judge in Cameron County. This action stemmed from his failure to comply with the judicial education requirements for the 2022-2023 academic year, a mandatory obligation for all Texas judges.
Key Findings of Fact
Judge Perez’s lack of compliance with judicial education rules is a critical part of the SCJC’s findings. Under Texas law, municipal judges are required to complete 16 hours of judicial education annually, administered through the Texas Municipal Courts Education Center. Perez, however, did not meet this requirement during the 2022-2023 academic year, nor did he request a waiver, as is permitted under certain circumstances.
In December 2023, the SCJC mailed a Letter of Inquiry to Perez, requesting a written response regarding his failure to complete the required educational hours. Perez failed to respond by the given deadline of January 5, 2024. After receiving no response, the SCJC contacted his law firm in February 2024, at which point Perez’s legal assistant, Ori Martinez, provided his email address. Despite this direct contact, Perez again failed to respond.
During the inquiry process, Perez testified before the Commission, explaining that he had stopped performing duties as a judge because he had not been frequently called upon to preside in court, and his private law firm had expanded significantly. Although Perez had been sworn in as a judge in December 2021, he claimed that he had asked to be taken off the rotation due to the demands of his law practice. However, despite ceasing most of his judicial functions, Perez never formally resigned his position.
Perez acknowledged that he did not complete the required judicial education and expressed that he no longer wished to serve as a judge. Nevertheless, he mentioned he would still be willing to help the cities if needed, a statement that underscored his lack of commitment to his judicial obligations. The Commission ultimately determined that Perez’s failure to complete his judicial education, coupled with his lack of cooperation during the investigation, amounted to “willful or persistent conduct” inconsistent with judicial duties, and brought discredit upon the judiciary.
Violations and Conclusion
The SCJC found that Perez had violated Canon 2A and Canon 3B(2) of the Texas Code of Judicial Conduct, both of which require judges to comply with the law and maintain professional competence. Additionally, his failure to cooperate with the Commission constituted a violation of Section 33.001(b)(5) of the Texas Government Code, which deems non-cooperation with an SCJC inquiry as conduct unbecoming of a judge. For these reasons, the SCJC issued a public admonition against Perez, marking the end of his judicial career with a significant blemish.
Case 2: Public Reprimand of Judge Elia Cornejo Lopez
The disciplinary case against Judge Elia Cornejo Lopez, former judge of the 404th District Court in Brownsville, Cameron County, offers a stark contrast to Perez’s administrative negligence. Lopez’s public reprimand, issued by the SCJC on February 7, 2024, centered on a more personal and legally complex issue: the judge’s inappropriate handling of a recusal motion filed by attorney Reynaldo Garza.
Key Findings of Fact
The SCJC’s review of Lopez’s conduct began after Reynaldo “Trey” Garza, representing a party in a family law case (Garcia v. Cuellar), filed a motion to recuse Lopez from the case on October 1, 2020, citing concerns about her impartiality. An amended motion was filed the following day, both asserting that Lopez and her court staff had “interjected themselves into the litigation in a manner inconsistent with the role of the judiciary.” Garza claimed that Lopez’s actions raised concerns about her personal bias in the case.
Lopez’s response to the recusal motion went far beyond a simple ruling. On October 6, 2020, she issued a 120-page ruling in which she recused herself from the Garcia case, but used the document as a platform to make personal and disparaging remarks about Garza. In the ruling, Lopez accused Garza of being mentally ill, corrupt, and of violating attorney-client privilege. Furthermore, Lopez submitted this ruling sua sponte in five additional cases in which Garza was involved, despite there being no motions for recusal filed in those cases.
Garza responded by filing an emergency motion to seal the ruling, asserting that Lopez’s statements were irrelevant to the legal matters at hand and were designed to harm his reputation. The motion to seal was granted by Judge Missy Medary, Presiding Judge of the 5th Judicial Administrative Region, on October 7, 2020.
Lopez later testified that she had intended to explain her recusal from Garza’s other cases, but admitted that she accidentally filed the 120-page ruling in the Garcia case. Regardless, the SCJC found that Lopez’s conduct violated Canon 3B(4) of the Texas Code of Judicial Conduct, which requires judges to act with patience, dignity, and courtesy toward litigants, jurors, and attorneys. Her personal attacks on Garza, coupled with the filing of the ruling in unrelated cases, amounted to willful conduct inconsistent with the proper performance of her duties.
Violations and Conclusion
The SCJC reprimanded Lopez for two primary violations: her failure to act in a dignified and courteous manner toward Garza and her misuse of the judicial recusal process to air personal grievances. Her actions, the SCJC concluded, cast public discredit on the judiciary, in violation of Article V, Section 1-a(6)A of the Texas Constitution.
Implications for Cameron County’s Judicial System
The public discipline of two judges from the same county within a short span of time raises concerns about the state of judicial conduct in Cameron County. While the cases of Perez and Lopez involve different types of misconduct, they both reveal a troubling disregard for the ethical standards that judges must adhere to in order to maintain public confidence in the legal system.
For Perez, his neglect of judicial education obligations and failure to communicate with the SCJC demonstrated a lack of accountability. His case serves as a reminder of the importance of ongoing professional development for those in positions of legal authority, especially in an ever-evolving legal landscape. Conversely, Lopez’s case highlights the dangers of allowing personal animosities to influence judicial rulings. Her unprofessional remarks and misuse of the recusal process brought personal bias into the courtroom, undermining the core principles of impartiality and fairness.
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