Second Republican prepares to take seat in Hidalgo County’s District Court system

EDINBURG — The political balance among state District Court judges in Hidalgo County just tipped a little to the right.

Gov. Rick Perry appointed Daniel Rios, the attorney for the city of Edinburg, to preside over the new juvenile District Court in the county — the 449th state District Court the state Legislature approved creating in May.

Earlier this year, Perry appointed another Republican, private lawyer Thomas P. Wingate of McAllen, to the 430th state District Court, also set up under the 2007 Legislature.

The two appointments make Rios and Wingate the only two Republican state District Court judges of the county’s 11.

Both judges will have to successfully run for re-election in November 2008 to retain their offices.

“I have enough confidence in my abilities and stature in this community,” Rios said of making the switch for the first time in his career from lawyer to judge.

“I am confident in what the future holds for me.”

Rios’ new annual salary is slated to be $140,000, a cut from the current $180,000 he contracts with the city each year. The figures do not include benefits.

Three candidates filed applications for the 449th judicial position: Rios, Maxine Longoria-Nash and Julian Rodriguez.

Longoria-Nash has presided over the Hidalgo County Juvenile Justice Court since its creation in 1999. The 449th state District Court replaces the county court. Longoria-Nash, a Democrat, is one of 58 lawyers statewide to have a specialty in juvenile law — and the only one in the Rio Grande Valley, according to the State Bar of Texas.

She said she will run for the 449th in next year’s election, but for now respects Perry’s decision.

“I am stepping down at the end of this week,” she said.

Julian Rodriguez could not be reached for comment late Tuesday night. He runs a private law firm in McAllen and is not specialized, according to the State Bar of Texas.

Rios also does not have a specialty, according to the state bar.

Perry spokeswoman Krista Moody said Rios was “absolutely not” chosen based on his party affiliation.

“The governor looks for a qualified individual to serve who has a great passion for the position that they would be in and the public service that that would entail,” she said. “Judge Rios was certainly a qualified applicant and he would best serve the position.”

The governor signed Senate Bill 1951 into law in June, creating 17 new District Courts statewide — including the 449th here and the 444th in Cameron County.

Because of the shift of the 449th court from county to state jurisdiction, Hidalgo County should save $16,000 a year. The savings will shift to the county’s contingency fund — which holds revenues to pay for unforeseen expenditures. The fund balance hovers around $200,000 throughout the year.

As a District Court, the state pays for only $125,000 of the judge’s salary. The county distributes $360,000 to each District Court to cover the remaining $15,000 for the judge’s salary, five court staff and operating expenses.

Several court officials say the new court could speed juvenile cases through the system and lighten the load for other District Court judges.

As judge in a county juvenile court, Longoria-Nash has not had the authorization to preside over hearings that determine if a juvenile should be tried as an adult and/or transferred to an adult detention facility at some point during their sentences. She would have to transfer the cases to a District Court judge, which by law are the only local judges who can rule on those hearings.

In the court system, a juvenile is between 10 and 17 years old.

To date this year, 895 total juvenile cases moved through the local court system — which had encompassed both District Court and the county juvenile justice court. In 2006, there were 770.

Edinburg City Manager J.J. Rodriguez said the City Council will discuss the process of hiring another attorney and whether there will be an interim one.

“For us, it is going to be a loss Â… because Mr. Rios is very well versed — a very reliable individual — and has given us tremendous support and legal advice,” Rodriguez said.

Rios started contracting with the city in 2003. He said he expects to be sworn in as judge within the next two weeks.

Born in Nebraska, Rios received a bachelor’s degree from Princeton University and a law degree from the University of Texas at Austin. He was previously an assistant criminal district attorney for Hidalgo County.

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Jackie Leatherman covers Hidalgo County government and general assignments at The Monitor. She can be reached at (956) 683-4424.