Opinion
No. WR-68,774-01
November 18, 2009. DO NOT PUBLISH.
Order to Show Cause and to File Response, appeal from Cameron County.
ORDER
On December 14, 2007, this Court issued an order requiring the Respondent, Cameron County District Clerk Aurora De La Garza, to inform this Court whether an 11.07 writ application had been filed with her office by Relator Jaime Francisco Saldivar within 30 days in response to Relator's application for writ of mandamus. On February 8, 2008, this Court mailed an inquiry to Respondent as to why no response to the December 14, 2007 order had yet been submitted. This Court mailed another inquiry to Respondent on June 18, 2008. To date no response has yet been received from said Honorable Aurora De La Garza, in violation of the Court's Order requiring a response by January 13, 2008. NOW, THEREFORE IT IS ORDERED BY THE COURT OF CRIMINAL APPEALS, that The Honorable Aurora De La Garza shall file said response and show cause why Respondent should not be held in contempt of this Court for failing to file the response by the date it was due and be punished for failing to do so. The Honorable Aurora De La Garza is ordered to file, with the Clerk of this Court, Respondent's sworn affidavit and, if necessary, affidavits of other persons, on or before thirty days from the date of this order. The affidavits shall state facts that deny or excuse Respondent's contempt, if there are any such facts. The Honorable Aurora De La Garza shall also file the response required by the December 14, 2007, order on or before that date. It is further ORDERED by this Court that the Clerk of this Court shall issue NOTICE TO SHOW CAUSE AND TO FILE RESPONSE commanding The Honorable Aurora De La Garza to file said response and to show cause, in the manner and within the time specified in this Order, why Respondent should not be held in contempt of this Court for failing to timely file the required response and be punished for Respondent's failure to do so. A copy of this Order shall accompany the Notice. IT IS SO ORDERED ON THIS THE 18 TH day of November, 2009.