When Zavala County Justice of the Peace Josie Gomez stepped down after being reprimanded by the State Commission on Judicial Conduct in 2007, the job stayed within the politically connected family.
Her son, Xavier R. Espinosa, now 31, was appointed by the Zavala County Commission to serve the rest of her unexpired term and he later won an election. The job pays $23,726 a year.
But now, he also is in legal hot water, facing a misdemeanor drug charge in Nueces County, and questions are being raised in Crystal City about how big a role local politics played in his appointment.
In March, Espinosa was charged with marijuana possession after a Corpus Christi policeman claims he saw Espinosa toss a baggie, containing less than two ounces of pot, from a car window. The case is set for trial on Aug. 29.
Contacted Thursday, Espinosa insisted the case has been dismissed.
“This is ridiculous. That was taken care of. It was thrown away,” he said.
“The thing is, I was in the vehicle, but it (the marijuana) wasn’t mine. It belonged to another person in the vehicle,” he added.
According to Nueces County court records, however, the charge is still pending.
Seana Willing, executive director of the judicial conduct commission, said even a conviction for this type of offense would likely not bring disciplinary action.
“The constitution provides you cannot hold public office if you are convicted of a felony, so an offense like a misdemeanor drug charge that doesn’t involve official misconduct would not trigger a disqualification,” she said.
“It’s not likely the commission would get involved unless someone filed a complaint or there was media coverage that cast attention on it,” she added.
The 2007 case involving Espinosa’s mother was more serious.
After an investigation, the commission determined that Josie Gomez, in finding Crystal City policeman Erasmo Ramon guilty of assault, had “demonstrated a fundamental lack of professional competence in the law.”
The commission found that she had conducted her own investigation, met privately with witnesses, failed to advise the defendant of his rights, and found him guilty even though no evidence was presented by a prosecutor.
Gomez resigned after being issued a public admonition and being ordered to take eight hours of judicial education and attend several trials to learn the judicial ropes.
Her son was among several people who sought the job, and he readily admits his resume was thin.
“I was a student. I still am. When I got appointed, I got no qualifications,” he said.
But Espinosa was the best candidate available, recalled County Judge Joe Luna, who said he only recently became aware of the marijuana charge.
“I’ve got to get an opinion on what steps we need to take. There is a presumption of innocence. We’ll have to let the criminal justice system take its course,” he said.
“Up until this point, there haven’t been any issues with him. He’s really been doing his job. He’s been attending seminars and training they provide for justices of the peace,” he added.
If you have been charged with a crime such as DWI, arson, auto theft, etc., please contact the Law Office of Robert I. Kahn at (210) 225-6600 for a free consultation.
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