Lawsuit requesting County Judge's removal denied

A lawsuit calling for the removal of Hays County Judge Ruben Becerra was ruled in his favor on Oct. 15, denying the plaintiff’s request for his removal and citation.

Plaintiff Nathan Kaspar filed the lawsuit in September and alleged that Becerra accepted two stipends of $25,000 each for judicial functions he did not perform. It also alleged that he tampered with or falsified a governmental record or made a false statement under oath.

The Texas Government Code Section 26.006, states that a County Judge is entitled to an annual salary supplement from the state that is 18% of the state base salary paid to a district judge if at least 40% of the functions that the judge performs are judicial functions.

Becerra filed affidavits with the Texas Comptroller’s Office swearing at least 40% of his duties would be judicial functions.

An administrator for Hays County Courts at Law 1, 2 and 3, however, testified that Becerra has never presided over any docket at the Hays County Courts at Law Level.

Judge Margaret G. Mirabal denied the plaintiff’s application stating that the case did not involve a clearly defined duty or obligation, which is required by Texas law for the removal of a County Officer.

“This lawsuit was a baseless allegation intended to undermine public trust,” Becerra said. “It is nothing but a weak attempt at harassment and intimidation for people of color holding elected office and a desperate attempt to deceive the public and suppress votes. This was tossed out like the political garbage that it is. The best way to end this is to get out and vote.”