Legal Ethics

Reprimanded judge says presiding over his own divorce case for several months 'made no difference'

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Reprimanded last month for presiding over his own divorce case for four months after it was randomly assigned to his own court, a Texas judge told a local newspaper that doing so did no harm.

“This was my personal divorce,” said 383rd District Judge Mike Herrera to the El Paso Times on Tuesday, explaining that there was “no rush” to transfer the case to another judge because he and his wife were trying at the time to work things out.

Hence, “the fact that it was in this court made no difference. It stayed there,” Herrera said of the divorce case. “I wasn’t actively doing anything. Me and my former spouse were working on everything. She and I were working on everything carefully.”

The Texas Commission on Judicial Conduct noted that Herrera had filed motions in the case while it was in his own court. The commission said that the judge “failed to comply with the law, demonstrated a lack of professional competence in the law, and engaged in willful and persistent conduct that was clearly inconsistent with the proper performance of his judicial duties,” the newspaper reports.

In addition to reprimanding Herrera, the commission ordered him to get six hours of training.

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