County Attorney Press Releases

September 2008 - Posts

COUNTY ATTORNEY’S OFFICE TO CO-SPONSOR THE 1ST MENTAL HEALTH LAW CONFERENCE
Training will help local private attorneys and case workers improve their services to individuals with mental health issues in our community             The El Paso County Attorney’s Office, along with the District Attorney and Public Defender Offices will be organizing the 1st Annual El Paso County Mental Health Law Conference on Friday September 26, 2008 at the County Courthouse.             The conference provides an opportunity for local lawyers, case workers, and interested citizens to learn more about legal issues surrounding mental health patients.             Participants will have the opportunity to learn from experts on a wide variety of topics including Criminal Incompetency, Involuntary Commitments, and Ethics representing the mentally ill. They will also have the opportunity to participate in a panel discussion with several local judges, law enforcement representatives and Garry Larcenaire, CEO of the agency Mental Health Mental Retardation.  

Attending attorneys will be eligible to receive 5 free credit-hours of Continuing Legal Education (CLE) and 1 free credit-hour of Ethics.

 

First Assistant County Attorney JoAnne Bernal explained this conference will allow participants to become more proficient in dealing with legal issues regarding the mentally ill, thus providing better services to this particular segment of the population.

 

            “Mental Health law is a very specialized field, and our community needs competent attorneys who can protect the rights and integrity of individuals with mental illnesses. We believe offering this type of training in our community at no cost is the way we can contribute to improve the quality of life of our residents,” Bernal said.

   WHO:       County Attorney, District Attorney and Public Defender Offices.WHAT:     1st Annual El Paso County Mental Health ConferenceWHEN:     Friday September 26, 2008 from 8:00 a.m. to 4:30 p.m.WHERE:  Commissioner’s Courtroom, Room 300El Paso County Courthouse (500 E. San Antonio)       # # # For more information, please contact Anne Emmer at 546-2050 Ext. 3667

 

Mental Health Conference Press Release.pdf

 

COUNTY COMMISSIONER’S APPROVE FUNDING FOR ANTI-GRAFFITI PROGRAM
Funds will allow the Probation Dept. to expand clean-up activities in remote areas of the El Paso County              El Paso County Attorney José R. Rodriguez announced today that Commissioner’s Court has approved funding to expand graffiti clean-up efforts in the outlying areas of the County.  During a special budget meeting held on Tuesday September 23, 2008, Commissioner’s Court approved $83,000 for the “Graffiti Wipeout” Program managed by the West Texas Community Supervision and Corrections Department (Adult Probation). The funds will pay the salary of a new field manager, and include $34,000 for the purchase of a new truck. The “Graffiti Wipeout” Program operates under a very efficient, cost-effective system in which probationers perform the bulk of the work without compensation to meet their community service hours. During Fiscal Year 2007-2008 the “Graffiti Wipe-Out” Program has cleaned more than 4,600 sites throughout the El Paso County.             Restoring the County’s funding of the program was one of the main goals identified by the Anti-Graffiti Task Force in its report issued on June 21, 2008.   The report is the blueprint for a new anti-graffiti initiative and contains more than 20 concrete proposals that can be implemented to reduce the incidence of graffiti in our neighborhoods, among them: ·        Amend state law to enhance punishment for repeat offenders.·        Developing a first offender program for juveniles who commit graffiti.·        Propose city ordinance requiring property owners to consent to graffiti clean-up or else pay a fine and costs of clean up.·        Adopt ordinances to require business to lock up or place spray paint behind a counter. ·        Implementation of a Graffiti Public Information Campaign.·        Promote “Campus Crime Stoppers” at all local schools. El Paso County Attorney José R. Rodríguez, Chairman of the Anti-Graffiti Task Force said getting funding from Commissioner’s Court for the program is very important because it is very cost-effective.  “Ten years ago we had the same effort and the County began to fund the “Graffiti Wipe-Out” program. They were so successful in eradicating graffiti that, in 2004, the County cut its funding because anti-graffiti efforts were not considered a priority. As a result, the presence of graffiti has been increasing dramatically in the last few years,” Rodriguez explained. Rodríguez also explained that the Anti-Graffiti Task Force will continue to work on implementing all of the recommendations included in the report..       # # # 

Graffiti Funding Press Release.pdf

TASK FORCE TO PRESENT COUNTY-WIDE ANTI-GRAFFITI INITIATIVE

 

Plan includes 22 proposals including suggested legislative changes, public outreach ideas and educational strategies to fight graffiti              On June 21, 2008, after 6 months of hard work, members of the Anti-Graffiti Community Task Force will present the 2008 Anti-Graffiti Final Report. The report is the blueprint for a new initiative and contains more than 20 concrete proposals that can be implemented to reduce the incidence of graffiti in our neighborhoods, among them: ·        Amend state law to enhance punishment for repeat offenders.·        Developing a first offender program for juveniles who commit graffiti.·        Propose city ordinance requiring property owners to consent to graffiti clean-up or else pay a fine and costs of clean up.·        Adopt ordinances to require business to lock up or place spray paint behind a counter. ·        Implementation of a Graffiti Public Information Campaign.·        Promote “Campus Crime Stoppers” at all local schools.

El Paso County Attorney José R. Rodríguez decided to reconvene the Anti-Graffiti Task Force earlier this year after reports of increased tagging activity all around the El Paso County.

 “Graffiti reduces retail sales and produces declines in property value because it generates the perception of blight and heightens fear of gang activity. It also affects residents’ quality of life and scares away investors who otherwise might be willing to bring new business and industries to our communities,” Rodriguez concluded.

The 2008 Anti-Graffiti Final Report will be unveiled at a public meeting to be held on Saturday June 21 from 9:00 a.m. to 11:00 a.m. at the El Paso Police Department’s Northeast Regional Command (9600 Dyer). Local and state elected officials, representatives from all the school districts, law enforcement agencies, business organizations, concerned citizens and volunteer organizations are expected to be present. The public is encouraged to attend. WHO:       Anti-Graffiti Community Task ForceWHAT:     Presentation of the County-wide Anti-Graffiti InitiativeWHEN:     Saturday June 21 from 9:00 a.m. to 11:00 a.m.WHERE:  EPPD Northeast Regional Command

9600 Dyer (Northeast El Paso)

 

Graffiti Task Force Press Release.pdf

 

County Attorney to Address Members of Presidential Advisory Committee on Environmental Issues
On Wednesday September 24, 2008, El Paso County Attorney José R. Rodríguez will deliver welcoming remarks and briefly address some of the county’s most important environmental issues during a meeting of the U.S. Good Neighbor Environmental Board in El Paso. The Good Neighbor Environmental Board (GNEB) is an independent federal advisory committee that meets three times a year. Its mission is to advise the President and Congress of the United States on good neighbor practices along the U.S. border with Mexico. Recommendations are focused on environmental infrastructure needs within the U.S. states contiguous to Mexico. The GNEB does not carry-out any specific border program. Rather its role is to step back as an expert and a concerned observer, to analyze the big picture when it comes to the problems the border faces, as well as opportunities at hand.  The GNEB members are a mosaic of non-governmental organizations, state, local, and tribal representatives across the border states, and it has an EPA Designated Federal Officer from Washington, D.C.; it also includes representatives from other federal agencies (other than EPA) such as Dept of Agriculture, Dept. of the Interior, Dept. of Commerce, Department of State, Dept. of Health, Dept of Transportation, Dept. of Human Services, Customs and Border Protection, Dept. of Housing and Urban Development, and the International Boundary and Water Commission. 

The GNEB board will meet in El Paso on Wednesday September 24, 2008 at the Camino Real Hotel from 8:00 a.m. to 5:30 p.m. Some of the issues to be discussed include the Asarco smelter and the water supply to the area.

 WHO:       El Paso County Attorney José R. RodríguezWHAT:     Meeting of the Good Neighbor Environmental BoardWHEN:     Wednesday September 24, 2008 at 8:30 a.m.WHERE:  Camino Real Hotel
101 S. El Paso St.
            # # #

Good Neighbor Environmental Board Meeting Press Advisory.pdf

2008 ENVIRONMENTAL SUMMIT TO DISCUSS HOW TO FIGHT ILLEGAL DUMPING OF CONSTRUCTION DEBRIS
The recent proliferation of housing construction within the city limits and other areas of the county has generated a serious problem of illegal dumping of construction debris in our community. 

 

Apart from being an eyesore, this type of illegal dumping is dangerous, not only because it pollutes the land and breeds pests, but also because the construction debris sometimes is used as a fill and, if a structure is erected on top of it, years later the foundation of the building could shift due to the pockets of air forming underneath.

 Defining what all the government entities and community organizations can do to eradicate illegal dumping of construction debris in our community is the purpose of the upcoming 8th Annual Environmental Summit “What Can You Do to Make a Difference?” 

The summit brings together government agencies, local companies, high school students, environmental experts, and El Paso residents, to discuss the different environmental problems in our community, to find possible solutions, and implement the solutions.

 

How do we stop the illegal dumping of construction materials out on the desert? Can the hundreds of thousands of used tires and construction materials we dispose of every year in El Paso be recycled? Those are just some of the questions we hope to find answers for during the environmental summit.

 This year the keynote speaker will be the Honorable Judge Larry Potter, from Shelby County, Tennessee, who in 1983 became the first Environmental Court Judge in Memphis. With his judicial experience, Judge Potter is considered an authority on the subject of environmental law. He travels throughout the United States consulting with governmental authorities on the establishment of environmental courts in their communities.  County Attorney José R. Rodríguez and Assistant County Attorney Cristina Viesca-Santos will present what City, County and State agencies are doing, and Senator Eliot Shapleigh will moderate a discussion on how to solve the problem of illegal dumping of construction debris in El Paso.  As part of the Summit, members of the organization “Community Scholars” will present a report titled "Think Clean, Go Green." The study describes several environmental issues they have identified in El Paso and suggests possible solutions.The event is free and open to the public. Registration will begin promptly at 8:00 AM. Free lunch will be provided to first 350 individuals who RSVP calling the number 834-4970 or by e-mail to Gterraza@tceq.state.tx.us.              WHAT:     8th Annual Environmental Summit What Can You Do to Make a Difference?”WHEN:     Friday September 19, 2008 from 8:00 AM - 2:30 PMWHERE:  Ysleta ISD Cultural Arts Center9600 Sims- 30 -

2008 Environmental Summit Press Release.pdf

2008 Environmental Summit Agenda.pdf

FEDERAL DISTRICT JUDGE DISMISSES BORDER FENCE LAWSUIT FILED BY EL PASO COUNTY

Plaintiffs prepare to appeal the case before the U.S. Supreme Court

       El Paso County Attorney José R. Rodríguez announced today that U.S. District Judge Frank Montalvo has dismissed a lawsuit filed by El Paso County, the City of El Paso, the El Paso County Water Improvement District No. 1, and the Ysleta del Sur Pueblo, among others, against the construction of the border fence in El Paso County.

 Judge Montalvo granted the Department of Homeland Security’s motion to dismiss based on the merits of the case on a final judgment issued on September 11th, 2008.  In his ruling, Judge Montalvo held that the waivers used by the Secretary of Homeland Security Michael Chertoff to expedite the construction of the border fence were constitutional because “…Congress constitutionally delegated its authority in the Waiver Legislation.”  Judge Montalvo further ruled that the Waiver legislation did not violate the 10th amendment because the waivers were issued with the intent to “preempt state and local laws, which would interfere with Congress’s objective to expeditiously construct the border fence.”   

El Paso County Attorney José R. Rodríguez explained that, according to the law, the plaintiffs have 90 days to file an appeal before the U.S. Supreme Court. The law firm Mayer Brown LLP of Washington D.C., who is handling the litigation, is already working on the appeal, which the County Attorney will encourage El Paso Commissioner’s Court to join.

 

 The lawsuit against the Department of Homeland Security was filed on June 23, 2008, and challenged Secretary Chertoff's statutory authority to issue a waiver of more than 30 federal laws, as well as any state and local laws related to such federal laws, to accelerate the construction of a border fence in El Paso County.  # # #

Border Fence Lawsuit Dismissed Press Release.pdf

Border Fence Case Motion to Dismiss.pdf

Border Fence Case Final Judgement.pdf

RESIDENT SENTENCED FOR POLLUTING THE AIR BY ILLEGALLY BURNING METAL WIRES

           El Paso County Attorney José R. Rodríguez announced today the sentencing in the case of a resident who pleaded guilty of violating the Clean Air Act, in the desert area in East El Paso County.

50-year-old Alejandro Aguilar was sentenced to 70 days in the County jail and ordered to pay court costs after pleading guilty to one count of illegal outdoor burning before Judge Alma Trejo of the County Criminal Court at Law Number One (the Environmental Court).

 

The offense occurred on or about July 20, 2005, when Alejandro Aguilar and 57 year-old Héctor Morín were burning metal wire in a vacant lot in the desert near the 12300 block of Eastlake Dr., in East El Paso County.  The El Paso County Sheriff’s Dept. responded to the call and found the two men standing around a large pile of wiring and a red one-gallon gasoline container. Morín pled guilty on December 2006 to one count of illegal outdoor burning and was sentenced to 45 days in jail.

 

“Illegal outdoor burning is a serious environmental crime which we will prosecute to the fullest extent of the law,” said El Paso County Attorney José R. Rodríguez. 

 

“Burning waste, especially the insulation off of copper and metal wiring, is dangerous and bad for the environment because it sends toxic fumes into the air we breathe, and it could potentially harm our drinking water”, Rodríguez added.

 

County Attorney’s Office Environmental Prosecutor Cristina Viesca-Santos explained that recently, with the high prices of copper, more residents are reporting individuals who burn the insulation off the wiring to sell the metal. “The proper method for removing the insulation is to cut and pull it off, and take the waste to the landfill,” Viesca-Santos explained.

 

Illegal dumping is an on-going problem in the county of El Paso, and the County Attorney’s Office will continue to prosecute such offenders. The penalty for illegal dumping ranges from a fine up to $10,000 for an individual, or up to 2 years  in jail, or both fine and incarceration. For an association or corporation, the fine is up to $10,000.

 To report illegal dumping or other environmental crime, call your local law enforcement agency:  911 if you see it happening; the Environmental Hotline at 1-888-6EL-PASO, El Paso Police Dept. at 832-4400, or El Paso Sheriff’s Dept. at 546-2280.

Metal Wire Burning Press Release.pdf

SOCORRO RESIDENT SENTENCED FOR ILLEGALLY DISPOSING OF GRASS AND YARD TRIMMINGS

El Paso County Attorney José R. Rodríguez announced today the sentencing in the case of a Socorro resident who pleaded guilty to illegal dumping for transporting and disposing of grass and yard trimmings on private property.

 

42-year-old Ramón Valle was sentenced today to 12 months deferred probation, serve 50 hours of community service at the Clint Landfill, and pay $750 fine plus court costs after pleading guilty to 2 counts of illegal dumping (transporting and disposing) before Judge Alma Trejo of the County Criminal Court at Law Number One (the Environmental Court).

 

The offense occurred on or about April 27, 2008, when Mike Astorga, a resident of the City of Socorro, was getting ready to leave his house, and he heard the tail of a truck closing in his front yard. He went to see what the noise was, and saw a white pick-up truck leaving the scene, after dumping a large pile of grass and yard trimmings. The complainant followed the truck and confronted Mr. Valle, asking him how he would feel if someone did that to him. After taking down the license plate number, the complainant called the Socorro Police Dept. to report the illegal dumping.

 

            “Illegal dumping is a serious environmental crime which we will prosecute to the fullest extent of the law,” said County Attorney José Rodríguez. 

 

“The illegal dumping of household trash continues throughout our community, despite efforts by the County to mandate trash collection in the unincorporated areas of El Paso County. Yard waste is an eyesore, and when illegally dumped, is bad for the environment because it breeds vermin. Illegal dumping costs taxpayers thousands of dollars every year in investigation, prosecution, and clean-up costs, moneys that we could be spending on other worthwhile projects,” Rodríguez added.

Illegal dumping is an on-going problem in the county of El Paso, and the County Attorney’s Office will continue to prosecute such offenders. The penalty for illegal dumping ranges from a fine up to $10,000 for an individual, or up to 2 years  in jail, or both fine and incarceration. For an association or corporation, the fine is up to $10,000.  To report illegal dumping or other environmental crime, call your local law enforcement agency:  911 if you see it happening; the Environmental Hotline at 1-888-6EL-PASO, El Paso Police Dept. at 832-4400, or El Paso Sheriff’s Dept. at 546-2280.

Socorro Illegal Dumping Press Release.pdf

 

FEDERAL DISTRICT JUDGE DENIES INJUNCTION REQUEST TO STOP CONSTRUCTION OF THE BORDER FENCE

Plaintiffs will wait for a court ruling on the merits of the lawsuit filed against Secretary of Homeland Security Michael Chertoff 

              El Paso County Attorney José R. Rodríguez announced today that U.S. District Judge Frank Montalvo has denied the request for a preliminary injunction against the construction of the border fence in El Paso County. The request was filed on June 23, 2008 by the County of El Paso, the City of El Paso, El Paso County Water Improvement District No. 1, the Ysleta del Sur Pueblo, Frontera Audubon Society, Friends of the Wildlife Corridor, Friends of Laguna Atascosa National Wildlife Refuge, and Mark Clark, as part of their lawsuit against the Department of Homeland Security challenging Secretary Chertoff's statutory authority to issue waivers of more than three dozen federal laws, as well as related state, local and tribal laws, to expedite the construction of a border fence in El Paso County. 

            The request for a preliminary injunction sought to prevent the Department of Homeland Security (DHS) from constructing any fencing, walls, or other physical barriers along the U.S.-Mexico border in Texas, New Mexico, Arizona, and California, unless and until DHS complies with the laws waived by Chertoff on April 3, 2008.

             Among the reasons for denying the request, U.S. District Judge Frank Montalvo stated that plaintiffs failed to prove that the construction of the border barriers will irreparably injure the public if the injunction was not granted. 

            Judge Montalvo further found that the plaintiffs did not prove that, by allowing DHS to issue the waivers against several federal laws, the U.S. Congress was unconstitutionally delegating its legislative powers to the Secretary of Homeland Security Michael Chertoff.

 

Despite the order denying the request for a preliminary injunction, U.S. District Judge Frank Montalvo did not rule on the merits of the lawsuit and the case remains pending. The attorneys representing the plaintiffs are considering various options, including a possible appeal to the U.S. Supreme Court.

 

County Attorney José R. Rodríguez expressed his disappointment that the preliminary injunction was not granted.  “This case is not over yet. This lawsuit involves an unprecedented delegation of authority by the Congress to the executive branch, because it allows DHS Secretary Chertoff to disregard long-standing federal laws that provide protection and benefits to the public and the environment,” Rodríguez explained.

 

“I expect the County’s lawyers will do everything they can to obtain a favorable ruling in the course of the litigation,” Rodríguez finalized.

  # # #

Border Fence Injunction Press Release.pdf

Order Denying Plaintiff's application for Preliminary Injunction (Border Fence).pdf