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E-mails trigger complaint against Dallas judge

by SHELLY SLATER / WFAA-TV

Bio | Email | Follow: @wfaashelly

wfaa.com

Posted on November 17, 2009 at 6:23 PM

Updated Wednesday, Nov 18 at 11:55 AM

DALLAS — Judge Carlos Cortez is in the 44th State Civil District Court. Some of his private e-mails have become public, stirring up controversy.

"The e-mail system for judges, they are private and confidential, designed so judges can communicate with one another in a fair, open way about matters that are good, bad and ugly," Judge Cortez said.

Lawyer Randy Johnston agrees about the "ugly" part. He filed a complaint with the State Commission on Judicial Conduct, in part, over these words from an e-mail message in shich Judge Cortez addresses his fellow judges:

"The judges are an ****** joke. We are not respected by the budget director, the commissioner court, etc."

In another e-mail, Judge Cortez writes:

"I will do as I damn please for what is best for my court."

In yet another electronic message, Judge Cortez accuses another judge of falling "asleep during the meeting (which he is often prone to do at meetings and also on the bench apparently.)"

"I was shocked that a sitting judge would say that about his fellow judges sitting right next to them," Johnston said.

Judge Cortez says this is his style, and he won't stand for more of the same.

"It's not anything embarrassing me; these e-mails are about other judges," he said.

Judge Cortez said if his e-mails evoke change, that's what he was elected to do.

Is there a level of respect from one judge to another? "Respect is something that ought to be earned," Cortez said.

Johnston says Cortez has crossed the line.

Cortez, in a note, calls a Trial Judge of the Year "an absolute joke," saying he has "no idea what he is talking about. Keep up the mediocre work."

"The volume of complaints finally persuaded me I needed to file the complaints," Johnston said. "It's absolutely the hardest thing I’ve ever done as a lawyer."

Cortez says his fellow judges do like him, and that criticism comes with being a public figure.

The judge was asked if there isn't a nicer way to make comments to colleagures. "What makes you think it hasn't been done?" he replied.

Cortez is up for re-election, and some question if exposing these e-mails is all a political stunt.

"This is not about politics; this is about that branch of the government — the third branch — that is supposed to be above politics," Johnston said. "For me, it is."

Judge Cortez stresses that the State Commission on Judicial Conduct is not currently conducting any investigation on him.

"My momma once told me, 'Before you take anything personal, consider the source.' I’m not going to worry about it," Cortez said.

E-mail sslater@wfaa.com

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