EP judge reprimanded, sat on his own divorce case for months

The Texas Commission on Judicial Conduct has reprimanded an El Paso judge after he allegedly sat on his own divorce case for months.

According to documents, in June of 2012, 383rd Judicial District Court Judge Mike Herrera, filed a petition for divorce against his wife.

The case was randomly assigned to Herrera’s court and the commission alleges he allowed the case to remain pending in his court for several months.

Herrera testified he sat on the case because he was trying to save his marriage. “I did not care to place my family in the same position other litigants find themselves, in conflicts and court hearings, which for the most part, only benefit the attorneys financially,” Herrera said during a meeting with the commission.

Documents state it wasn’t until Herrera realized he would be unable to avoid a divorce, that he transferred the case to another court.

In a statement sent to ABC-7, Herrera states he and his former spouse were concerned about the “outrages divorce lawyer fees” and the future of their child. Their goal was to preserve the community estate for the benefit of the child.

“From the very beginning, my former spouse and I were committed to resolving our divorce amicably and without litigation or conflict. We succeeded in doing that,” Herrera stated.

The divorce was finalized in May 2013. Herrera said that except for the final three minute hearing, there were never any court hearings regarding the divorce.

Herrera admitted to the commission, that in hindsight, he should have immediately transferred the case to another court as soon as he became aware it had been filed in his own court.

In a court document, the commission concluded “Herrera failed to comply with the law, demonstrated a lack of professional competence in the law, and engaged in willful and persistent conduct that was clearly inconsistent with the proper performance of his judicial duties.”

It ordered Herrera to complete six hours of additional education regarding a judge’s duty to comply with all laws and rules.