AG opinion sides with embattled JP

EDINBURG -- A justice of the peace found vindication Monday with the release of a state attorney general's opinion allowing her to oversee school district truancy cases outside her precinct.

Judge Mary Alice Palacios had maintained that she could hear cases from any school district in the county. Several districts outside her precinct, including Hidalgo and Edcouch-Elsa, brought cases to her court rather than the JP in their area because of her particular interest in truancy cases.

District Attorney Rene Guerra launched a campaign last year trying to keep Palacios from accepting a federal grant to expand her court staff. He said her practice of accepting out-of-precinct cases was illegal and overstepped her authority.

Palacios is inadvertently hurting the democratic process by ruling in cases involving students and families who cannot vote to remove her from office because they live and vote in other precincts, Guerra said Monday.

The attorney general's reply, in the way of many legal decisions, hinged on the meaning and placement of the word "any" in the state's education code, Guerra said Monday. He called the decision wrong and said he was contacting the office to discuss it.

If necessary, he said, he would appeal the decision to the Supreme Court, if only to ensure that the county was not exposed to any liability should any fines she imposed be challenged in court.

Palacios' office referred questions to her attorney, Dan Rios, who said Palacios was pleased to be vindicated and would continue to administer her truancy court program the way she always has.

Her court regularly uses drug testing and screening for mental illness to assess students charged with skipping too much school. Many are referred to social services and family counseling.

Rios said he did not know whether Palacios would attempt to recover the $491,000 Department of Justice grant originally earmarked for her court.  County commissioners earlier this month decided to distribute the grant evenly among JP courts, allowing each to hire one or two new staff members to oversee truancy cases.

"I speak for attorneys and for the people of Hidalgo County when I say I hope Mr. Guerra gets over his hang-up about Judge Palacios," Rios said.

Sara Perkins covers Mission, western Hidalgo County, Starr County and general assignments for The Monitor. You can reach her at (956) 683-4472.