AUSTIN – More education has been ordered for a Texas Justice of the Peace after she facilitated a mediation between two parties without an official court proceeding.
Earlier this month, the State Commission on Judicial Conduct issued the public admonition after reviewing the allegations against JP Lamar De La Cruz in Starr County.
De La Cruz
According to the commission’s findings of fact, Jesse Clarke contacted Judge De La Cruz and requested her assistance to resolve a dispute with Feliberto Bazan regarding possession of a vehicle in his custody – a 1980 Chevrolet pickup truck that had been at Bazan's automotive paint and body shop for approximately ten years.
Bazan knew the owner of the truck was deceased.
On June 3, 2022, De La Cruz telephoned Bazan and summoned him to immediately appear in her courtroom to discuss the dispute. Bazan believed he was being officially summoned and appeared that afternoon in the courtroom, where De La Cruz, Clarke and a constable were waiting for him.
The commission found that De La Cruz facilitated a mediation between Clarke and Bazan, which was contentious at time, and resulted in Bazan turning the truck over to Clarke and paying her $500 for services that were not performed.
“On June 16, 2022, Bazan contacted Judge De La Cruz to request a formal copy of the summons for the case he was ordered to attend, but no summons was provided to him because no case regarding the dispute was ever filed in Judge De La Cruz's court,” states the commission’s findings.
“In her written responses to the Commission about this matter, Judge De La Cruz stated this matter was a business dispute between two constituents and she facilitated a dialog between them in her court to avoid the costs of litigation.”
The commission determined De La Cruz failed to comply with the law and maintain professional competence in the law when she summoned Bazan to appear in her court and facilitated a mediation between him and Clarke without a case or cause number being filed in her court.
The commission also found that De La Cruz had improper ex parte communications with Clarke and failed to be patient, dignified and courteous toward Bazan.
The order states De La Cruz must obtain two hours of additional judicial instruction, in addition to her required annual judicial education for Fiscal Year 2026.
SCJC No. 22-1563
