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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,

Texas State Library and Archives Commission

Texas State Judicial Qualifications Commission:

An Inventory of Hearings for Removal of Judge O.P. Carrillo at the Texas State Archives, 1971-1976



Overview

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.

Agency History

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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Scope and Contents of the Records

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

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

Restrictions on Access

None.

Restrictions on Use

None.

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Index Terms

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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Related Material

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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Administrative Information

Preferred Citation

(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 Information

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.

Processing Information

Laura K.Saegert, September 1992

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Detailed Description of the Records

 

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
Judge Joe Alamia, et al resolution
Miscellaneous, O.P. Carillo
Carrillo file
Subpoenas and return of service, O.P. Carrillo, Ramiro Carrillo, Clinton Manges
Newspaper articles re: O.P. Carrillo
Examiners pleading and papers
Respondent's pleadings and papers
Transcripts, inquiry concerning a judge, no. 5
box
1991/154-15 November 3 - 10, 1975
box
1991/154-16 November 11 - December 15, 1975
box
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
Examiner's exhibit, admitted, volumes 1-3
Respondent's exhibits
Items entered as exhibits
box
1991/154-18 Examiner's exhibits, E-1 thru E-192
Respondent's exhibits, R-4
box
1991/154-19 Respondent's exhibits, R-6 thru 105

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