Texas Supreme Court orders convicted constable's suspension

ELSA - Eduardo "Walo" Bazan's 20-year tenure as Hidalgo County's Precinct 5 constable hit a snag Friday when the Texas Supreme Court ordered his suspension from office.

But the five-term incumbent, who was re-elected this month despite a felony conviction, said he intended to keep coming back to work unless someone told him not to.

"I'm going to stick around until I hear something official," he said.

In a unanimous decision, the nine justices affirmed former state District Judge Horacio Peña's order barring Bazan from office while he appealed a 2006 theft conviction.

Peña ruled that allowing the constable to stay in office would violate the public interest, after an Hidalgo County jury determined that he used a fake receipt and title to register a car - seized by his deputies - for personal use.

State law prohibits felons from holding elected office or a state peace officer's license. Bazan's conviction bars him from carrying a service weapon, and without a license he cannot perform any official law enforcement actions - constables serve court documents, conduct minor law enforcement operations and provide escorts for funerals.

But Bazan has appealed the jury's findings and could return to the job if they are overturned. He has remained in the constable's seat since then in a limited capacity.

"The bottom line is that ‘Walo' Bazan is effectively removed from office as of today," said Assistant District Attorney Cheryl Hole, who argued the case before the Texas Supreme Court. "If his conviction is upheld, he will no longer be able to hold public office, no matter how beloved he is by his constituency."

The court's decision came as welcome news to Hidalgo County Sheriff Lupe Treviño, who led the charge - along with Hidalgo County District Attorney Rene Guerra - to oust Bazan last year, when his peace officer's license was revoked.

Treviño said Friday he felt vindicated by the ruling and would welcome the chance clear out the Precinct 5 office for a new constable.

"I'd be the first one there with lights flashing and sirens blaring to knock on the door and kick him out," he said. "But I'm not going to do it without a court order."

The district attorney's office is expected to file a motion Monday in state district court to enact the Supreme Court's order.

Bazan's attorney, Kelly K. McKinnis, said that once that is done, his client will willingly leave office. It remains unclear how soon a temporary replacement might be appointed.

But without any order to the contrary, the 70-year-old constable remained behind his desk Friday afternoon making phone calls and chatting with deputies - just waiting for someone to tell him to leave.

"Whatever happens," he said, "I guess we'll deal with it."
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Jeremy Roebuck covers courts and general assignments for The Monitor. You can reach him at (956) 683-4437.