Post by Tim Collins on Apr 18, 2009 5:34:28 GMT -7
www.elpasotimes.com/news/ci_12169627
District Attorney Jaime Esparza investigates judges for possible nepotism
By Adriana M. Chávez / El Paso Times
Posted: 04/18/2009 12:00:00 AM MDT downloaded 4/18 6:34am
EL PASO -- District Attorney Jaime Esparza has begun an investigation into whether two state district court judges -- including one who was recently arrested on corruption charges -- violated state nepotism law by hiring each other's relatives.
The investigation focuses on Judges Regina Arditti, 51, and Manuel Barraza, 53, both of whom were elected in November.
FBI agents arrested Barraza earlier this month on charges that he offered favorable judicial rulings in return for sex or money. The state suspended him from his $140,000-a-year judgeship on April 2, the day after his indictment by a federal grand jury.
Arditti, who presides over the 448th District Court, allegedly hired Barraza's sister, Sally Mena, as court coordinator. In return, Barraza allegedly hired Arditti's son, Dante Christian Vance, as bailiff in Criminal District Court No. 1.
"It's too early to tell whether there has been any violation of the law, but we've started an investigation," Esparza said in an interview.
He said he received a complaint about the judges last week.
Texas Government Code Section 573.044 states that a public official may not hire or confirm the appointment of someone related to another public official. By definition, a state court judge is a public official.
A judge who violates the law is subject to removal from office and a fine of up to $1,000.
County employment records show that Arditti hired Mena as court coordinator on Jan. 26 at a salary of $46,000 a year.
As for Barraza, the records say he hired Vance as bailiff on Jan. 23 at a salary of almost $52,000 annually.
Arditti said she was not aware of the investigation and declined further comment. Her attorney, Joe Spencer, called the allegations unfounded and politically motivated.
"There was never any agreement to hire anybody, and I'm confused as to who the complaining party may be," Spencer said.
Spencer said the 448th Court coordinator's job was posted with the county's human resources department, and Arditti interviewed 25 to 35 applicants before hiring Barraza's sister.
"I'm confident that after the investigation these allegations will be proven unfounded," Spencer said.
Neither Barraza nor his attorney, Gary Hill, could be reached for comment Friday.
Seana Willing, executive director of the State Commission on Judicial Conduct, said that she had not received a formal complaint alleging nepotism, but that any media coverage could be presented to the state to decide whether to initiate a complaint.
Willing said organizations such as the Texas Judicial Center host programs for new and experienced judges about laws pertaining to them.
"Most of the judges are familiar with these laws," said Willing, who was not speaking specifically about the allegations against Arditti and Barraza. "Some people may have questions about nepotism, and there are plenty of resources for judges to get answers to those questions."
Before winning a judgeship, Barraza was one of the city's high-profile lawyers. He practiced for 30 years, and for a time was on the defense team of California's "Night Stalker," serial killer Richard Ramirez, a native of El Paso.
Ramirez ultimately went to trial with other attorneys defending him.
Barraza's first job was as an assistant El Paso County attorney in 1979. He entered private practice the next year.
Police arrested him in 1983 on charges of bribing a deputy probation officer to influence a case. That charge eventually was dismissed for lack of evidence.
Before the November election, Arditti was a lawyer in private practice. She previously was presiding municipal court judge for the city of El Paso, and also had worked as a prosecutor and a lawyer for the U.S. Department of Defense.
Adriana M. Chávez may be reached at achavez@elpasotimes.com; 546-6117.