The Field Review - Local

Does Hay’s County Judge Becerra Have the Proof to Counter a Lawsuit Filed on Him?

The story was first presented by Corridor News and we read it. We reviewed the supporting documents filed in District Court (attached in their news story).

It appears there is only a series of questions which should be answered to determine if the claim is valid or not. The claim surrounds the following Texas Government Code:

Sec. 26.006 
Salary Supplement From State for Certain County Judges

A county judge is entitled to an annual salary supplement from the state in an amount equal to 18 percent of the state base salary paid to a district judge as set by the General Appropriations Act in accordance with Section 659.012 (Judicial Salaries)(a) if at least 40 percent of the functions that the judge performs are judicial functions.

To receive a supplement under Subsection (a), a county judge must file with the comptroller’s judiciary section an affidavit stating that at least 40 percent of the functions that the judge performs are judicial functions.

The commissioners court in a county with a county judge who is entitled to receive a salary supplement under this section may not reduce the county funds provided for the salary or office of the county judge as a result of the salary supplement required by this section.

In conclusion, was the form signed? Was it submitted? Was pay received? Is there proof of services? If so, where is it?

That is the extent of the lawsuit. The other components go into the process to remove an elected judge; however, it may not even matter if the allegations are true. If they are not true, then its a perfect time for Judge Becerra to present the 40% work required to receive payment, if he received it.