TABLE OF CONTENTS
Overview
Agency History
Scope and Contents of the Records
Arrangement of the Records
Restrictions
Index Terms
Related Material
Administrative Information
Description of Series
Hearings for removal of Judge O.P. Carrillo,
1971-1976,
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Texas State Judicial Qualifications
Commission:
An Inventory of Hearings for Removal of Judge O.P. Carrillo
at the Texas State Archives,
1971-1976
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| Creator: | Texas. State Judicial Qualifications
Commission. |
| Title: | Hearings for removal of
Judge O.P. Carrillo |
| Dates: | 1971-1976 |
| Abstract: | These records consist
of transcripts of testimony and exhibits from the Texas State Judicial
Qualifications Commission hearings; notices, answers, continuances, subpoenas,
and other legal documents generated during the hearings; copies of Commission
meeting minutes concerning this case; correspondence, notes; clippings; and
financial records. Dates covered are 1971-1976. These files were created by the
State Judicial Qualifications Commission then transferred to the Supreme Court
for the hearing before that body. See Supreme Court case B-5898 for the briefs
and opinions from the Supreme Court hearing. |
| Quantity: | 4.47 cubic
ft. |
| Language | English. |
The Texas State Judicial Qualifications Commission, now the Texas
State Commission on Judicial Conduct, was created in 1967 (House Bill 378, 60th
Legislature) as a means to address judicial misconduct. The commission hears
complaints pertaining to the conduct (professional and personal) of judges or
justices, makes investigations, and conducts hearings. It may request the Texas
Supreme Court to appoint a master (a district judge or Court of Civil Appeals
justice) to conduct a hearing and report the findings to the commission. If the
results of the hearing show persistent or willful misconduct, the commission
may reprimand the judge or justice or recommend to the Texas Supreme Court the
removal or retirement of the judge or justice in question.
In 1975 the State Judicial Qualifications Commission initiated formal
proceedings for the removal of District Judge O.P. Carrillo (229th Judicial
District, Duval County) from office. The charges included illegally acquiring
funds from the county treasury for goods and merchandise through the use of
non-existent or fictional welfare recipients; accepting bank stock, a car and
other revenue from a plaintiff in a suit pending in his court and refusing to
voluntarily withdraw from the case (he was later disqualified from the case by
another judge); arranging monthly payments from the Road and Bridge Fund of the
county to be paid to an associate who did not work for the county; and using
county employees and equipment for various projects on his private ranch. The
charges covered the years 1971-1975 but primarily focused on events from 1972
to 1974. The Commission recommended the Texas Supreme Court remove the judge
from office. During the Commission's hearings the House of Representatives and
Senate also held impeachment proceedings against Judge Carrillo. Both
legislative bodies voted to impeach the judge. In 1976 the Texas Supreme Court
heard the case and ordered the removal of Judge Carrillo from his office
effective July 14, 1976.
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These records consist of transcripts of testimony and exhibits from
the Texas State Judicial Qualifications Commission hearings; notices, answers,
continuances, subpoenas, and other legal documents generated during the
hearings; copies of Commission meeting minutes concerning the Judge O.P.
Carrillo case; correspondence, notes; clippings; and financial records. Dates
covered are 1971-1976. These files were created by the State Judicial
Qualifications Commission then transferred to the Supreme Court for the hearing
before that body. See Supreme Court case B-5898 for the briefs and opinions
from the Supreme Court hearing. Some of the examiner's and respondent's
exhibits are missing.
To prepare this inventory, the described materials were cursorily
reviewed to delineate series, to confirm the accuracy of contents lists, to
provide an estimate of dates covered, and to determine record types.
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Arrangement of the Records
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| The files are arranged in three groups: legal documents and working
papers; transcripts; and exhibits. Legal documents are loosely arranged
according to the date of the document. Transcripts and exhibits are arranged
numerically. |
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Restrictions on Access
None.
Restrictions on Use
None.
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|
| The terms listed here were used to catalog the
records. The terms can be used to find similar or related records. |
| Personal Names: |
| | Carrillo, Olivero P., 1924- |
| Corporate Names: |
| | Texas. Supreme Court. |
| Subjects: |
| | Judges--Texas--Discipline. |
| Document Types: |
| | Transcripts--Texas--Judges--1971-1976. |
| | Legal documents--Texas--Judges--1971-1976. |
| | Minutes--Texas--Judges--1971-1976. |
| | Correspondence--Texas--Judges--1971-1976. |
| | Clippings--Texas--Judges--1971-1976. |
| | Financial records--Texas--Judges--1971-1976. |
| Functions: |
| | Regulating judges. |
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The following materials are offered as
possible sources of further information on the agencies and subjects covered by
the records. The listing is not exhaustive.
|
| Texas State
Archives |
| | |
| | Texas Supreme Court, Records, 1840-1980, 6153.41 cubic ft.
(especially case #B-5898) |
| | Texas Commission on Judicial Conduct, Public records and
sanctions, 1973-1988, 0.71 cubic ft. |
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(Identify the item), Hearings for removal of Judge O.P. Carrillo,
Texas State Judicial Qualifications Commission. Archives and Information
Services Division, Texas State Library and Archives Commission.
Accession number: 1991/154
These records were transferred to the Archives and Information
Services Division of the Texas State Library and Archives Commission by the
Texas Supreme Court on May 10, 1991.
Laura K.Saegert, September 1992
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Hearings for removal of Judge O.P. Carrillo,
1971-1976,
4.47 cubic ft.
|
| | | Legal Documents, Notes,
etc. |
| box |
| 1991/154-15 | | | | Index, O. P. Carrillo |
| | | | Notice of Preliminary Inv[estigation] |
| | | | Notice of Formal Proceeding and Return of
Service |
| | | | Answer to Notice of Preliminary
Investigation |
| | | | Answer to Formal Proceeding Notice |
| | | | First Amended Notice of Formal Proceedings |
| | | | Notice of Intention to Take Oral Depositions, Clinton
Manges, O. P. Carrillo, Ramiro Carrillo |
| | | | Motion for Leave to File Petition for Writs of
Mandamus and Prohibition
[empty] |
| | | | Findings of Fact and Conclusion of Law, Judicial
Qualifications Commission |
| | | | Recommendation to Supreme Court of Texas |
| | | | Documents filed by Joe Guerra |
| | | | Guerra petition re: grand jury, Commission
selection |
| | | | J. C. Guerra - election contest |
| | | | O. P. Carrillo Answer to Joe Guerra complaint,
election contest |
| | | | Request for appointment of a Master |
| | | | Appointment of a Master to hold hearing |
| | | | Continuance granted by Judge Meyers from October 2 to
November 3, 1975 |
| | | | Hearing date set, letter
(Date set for hearing
October 2, 1975) Aug. 16, 1975 |
| | | | Answer to First Amended Notice of Formal
Proceedings |
| | | | Trial Amendment to First Amended Notice of Formal
Proceedings |
| | | | Second Amended Notice of Formal
Proceedings |
| | | | Supplementary Suggestion of Continued Violations of
Constitutionally Protected Rights |
| | | | Brief in Support of the Application of Article 5986,
VATS |
| | | | First Amended Motion in Limine |
| | | | Second Motion in Limine |
| | | | Motion for Indefinite Continuance |
| | | | Motion to Quash Subpoenas |
| | | | Motion to Disqualify Att[orney] Gen[eral] |
| | | | Request for Hearing before Com[mission] and/or Supreme
Court on Questions of Law - Refused |
| | | | Findings of Fact, Jas. R. Meyers delivered to Arthur
Mitchell,
Master's
Report January 13, 1976, |
| | | | Objection to Report of Master, O. P. Carrillo, filed
January 27, 1976 |
| | | | Examiner's Objection of Report of the Master,
January 28, 1976 |
| | | | Petitions to Master to order a District Judge to grant
immunity to witnesses. Filed by Arthur Mitchell in behalf of Judge #
5 |
| | | | Notification of Oral Argument before Judicial
Qualifications Commission |
| | | | Motion to Dismiss,
Filed by Arthur Mitchell
for O. P. Carrillo, February 5, 1976 |
| | | | Transcript of oral argument before Commission,
February 14, 1976 |
| | | | Documents, letters, etc. filed by Garland
Smith |
| | | | Excerpts of minute book of JQC (Commission) of all
action taken re: O. P. Carrillo |
| | | | Judge Joe Alamia, et al resolution |
| | | | Miscellaneous, O. P. Carrillo |
| | | | Carrillo file |
| | | | Subpoenas and Return of Service, O. P. Carrillo,
Ramiro Carrillo, Clinton Manges |
| | | | Newspaper articles re: O. P. Carrillo |
| | | | Examiners pleadings and papers |
| | | | Respondents' pleadings and papers |
| | | | Excerpts of minute book of TSJQC of all action taken
re: O.P. Carrillo
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| | | | Judge Joe Alamia, et al resolution
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| | | | Miscellaneous, O.P. Carillo
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| | | | Carrillo file
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| | | | Subpoenas and return of service, O.P. Carrillo, Ramiro
Carrillo, Clinton Manges
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| | | | Newspaper articles re: O.P. Carrillo
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| | | | Examiners pleading and papers
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| | | | Respondent's pleadings and papers
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| | | Transcripts, inquiry concerning a
judge, no. 5 |
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| 1991/154-15 | | | | November 3 - 10, 1975 |
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| 1991/154-16 | | | | November 11 - December 15,
1975 |
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| 1991/154-17 | | | | December 16 - 30, 1975 |
| | | Exhibits, inquiry concerning a
judge, no. 5 |
| | | | Printed volumes of exhibits |
| box |
| 1991/154-17 | | | | | Examiners exhibits, not admitted
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| | | | | Examiner's exhibit, admitted, volumes 1-3
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| | | | | Respondent's exhibits
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| | | | Items entered as exhibits |
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| 1991/154-18 | | | | | Examiner's exhibits, E-1 thru E-192
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| | | | | Respondent's exhibits, R-4
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| box |
| 1991/154-19 | | | | | Respondent's exhibits, R-6 thru 105
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