Opinion
No. 08-13-00186-CR
07-12-2013
In re: THE STATE OF TEXAS, Relator.
AN ORIGINAL PROCEEDING
IN MANDAMUS
ORDER
Pending before the Court is the State's motion to stay the trial court proceedings in The State of Texas v. Roberto Flores, cause number 20130D03010, pending in the 168th District Court of El Paso County, Texas. The State asserts that the Honorable Marcos Lizarraga has compelled the attendance of three assistant district attorneys, Tom Darnold, Lillian Blancas, and Melissa Warwick, in order to hold them in direct contempt. According to the motion, Judge Lizarraga has stated his intent to take all three prosecutors into custody. The trial judge's stated intent to take the prosecutors into custody contravenes Section 21.002(d) of the Texas Government Code. See TEX.GOV'T CODE ANN. §21.002(d)("An officer of a court who is held in contempt by a trial court shall, on proper motion filed in the offended court, be released on his own personal recognizance pending a determination of his guilt or innocence. The administrative judicial region in which the alleged contempt occurred shall assign a judge who is subject to assignment by the presiding judge other than the judge of the offended court to determine the guilt or innocence of the officer of the court."). The motion also asserts that the prosecutors have not been afforded due process because Judge Lizarraga did not provide the prosecutors with notice of the allegations against them. See Ex parte Martin, 656 S.W.2d 443, 445 (Tex.Crim.App. 1982). The motion to stay the proceedings in the above-entitled and numbered cause is GRANTED pending further order of this Court.
IT IS SO ORDERED THIS 12TH DAY OF JULY, 2013.
PER CURIAM Before McClure, C.J., Rivera and Rodriguez, JJ.