Judge Reverses Recall Restraining Order

The judge who just two days ago halted the recall effort against Mayor John Cook and two city representatives on Wednesday gave it the green light to move forward again.

It’s still unclear why County Court at Law Judge Javier Alvarez signed the temporary restraining order in the first place. At the very beginning of Wednesday’s hearing, the judge made it clear he was uneasy about preventing an election and “thwarting the the will of the people.”

But attorneys for recall proponents say they know why the judge ruled that way.

“It was easy to get the TRO modified because they were wrong,” attorney Stuart Leeds said.

About 30 people in support of the recall showed up to the hearing, in the same courtroom where Alvarez modified the restraining order to halt the recall effort on Tuesday.

“The recall is going forward. The collection of signatures is going forward,” said Leeds to a crowd of reporters soon after the hearing.

Alvarez said the court doesn’t want to get in the way of an election.

“I just don’t feel comfortable. Sorry you ended up in the wrong court,” he said to the mayor’s attorney after his court was randomly assigned the case.

“What we heard from the bench was a very strong concern that the process be followed,” attorney Theresa Caballero said.

The mayor’s lawyer, Mark Walker, argued that petitions couldn’t be submitted to the city clerk because they were collected illegally and violate the state’s election code.

“We have people shedding blood in other countries to give people these fundamental rights,” Walker told the judge. “The Legislature has spoken.”

Caballero responded by saying, “Show me which petition has been signed in violation of the law.”

Caballero said efforts to halt the recall was a violation of church and state laws, and infringement on First Amendment rights.

“Mayor Cook is the head of the kleptocracy and the definition of kleptocracy is government by the corrupt for personal gain,” Caballero said.

Cook said he’s looking into filing an appeal to the judge’s order.

The petitions are due this Friday, but because the city is closed on Fridays, they can be turned in on Monday. But the group says they will be turned in by tomorrow afternoon.

When asked who was paying Walker to represent Cook, Walker would only say, “Mayor Cook is my client.”

Cook said he has a contract, and he will be paying the bills.