Dueling news conferences are held regarding dismissal of migrant cases accused of involvement in riot confrontation

EL PASO, Texas (KVIA) -- Dueling news conferences were held by District Attorney Bill Hicks and El Paso County Public Defender Kelli Childress regarding the dismissal of more than 200 migrant cases by a judge.

These migrants were accused of being involved in a riot confrontation with the national guard on March 21.

The cases had been dismissed after a judge said the transfer of cases from district court to county court was not properly done.

District Attorney Hicks said during his news conference that he would appeal the judge's decision as he believes the procedure to transfer the cases was done correctly.

"This is a process between the district courts and the county courts. Judge Morales felt that the procedure was flawed, and he took issue with it. He, in taking issue with it, believed that the procedure was not appropriate," said Hicks regarding the judge's decision to dismiss the cases.

Hicks said he believes the court of appeals will reverse the judge's ruling and reinstate the cases.

Hicks also mentioned his office was not given adequate time to prepare for the hearings, something Public Defender Childress disagreed with.

“The urgency in a habeas application is written right into the statute and it says the court shall give the first available time for hearing to the applicant. And when we filed on Friday, the judge issued the writs on Friday. Once the writs were filed, was when we gave notice to everyone the same day. And the judge said he could hear the matter Monday morning, he's statutorily required to do that," said Childress in her news conference.

Following both news conferences, Hicks spoke to ABC-7 and told us Childress committed an ethical violation when she said in her news conference she took part in a proceeding with the judge without his office present.

“Our judicial system is built to having both parties present, both parties represented. And you should never have a system where one party can go to a judge and get and only have their side heard," said Hicks.

ABC-7 reached out to Childress for a response to Hicks' claim that she implicated herself in a potential ethics violation.

Childress responded in an email, in which she said in part:

"The district attorney is displaying a fundamental misunderstanding of the process for habeas corpus relief. … That is done by making an application to the judge and explaining the reasons why I think the judge should hold a hearing," said Childress.