More Complaints Surface Against District Court Judge Hernandez - KiiiTV.com South Texas, Corpus Christi, Coastal Bend

More Complaints Surface Against District Court Judge Hernandez

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KLEBERG COUNTY (Kiii News) -

On Friday, a district judge could learn whether or not she will be allowed to continue to hear criminal cases in Kleberg and Kenedy counties.

Kleberg-Kenedy District Attorney John Hubert filed a motion asking that District Judge Angelica Hernandez be banned from hearing any case that the DA's office handles, alleging that Hernandez has shown a pattern of prejudice, demonstrating personal animosity and a political agenda against the DA's office.

A special judicial appointee will hear the motion in Kleberg County.

3News has learned that this is not the first complaint filed against Judge Hernandez.

"As a judge, you have the duty to abide by principals and ethics set down by the state and by the law," Joy Dolezal said. "When you think you're above that, and I guess shoot from the hip, it's wrong."

Dolezal filed a child custody case in Judge Hernandez' 105th district courtroom back in 2011. She said the judge did not allow her to present her side of the case during a hearing. She also said that the judge conducted a hearing with her ex-husband and his attorney without her being present -- in legal terms, ex parte.

"And I was not made aware of the meeting until after the fact, and then there were days, weeks when a process server brought contempt of court papers," Dolezal said.

In a subsequent hearing, Dolezal said the judge retaliated.

"When it came time for my attorney to respond, Judge Hernandez held up her hands and said she didn't want to hear it, and she absolutely refused to hear our side of the case," Dolezal said. "She went on to make very scathing remarks about my character solely based upon the opposing counsel's information that was given, and then she found me in contempt, and then she fined me and she sent me to jail for the day."

Dolezal has kept meticulous notes, and has copies of certified transcripts of every hearing and decision made by Hernandez. With that in hand, in August of 2013, Dolezal filed a complaint against Hernandez with the State Commission on Judicial Conduct, alleging ex parte.

Dolezal said she is interested to hear the outcome of Friday's recusal hearing in Kleberg County.

"I figured that if she had done it in my case, that it had happened before and that she would continue to do it unless someone forced her to correct her behavior," Dolezal said.

3News reached out to Judge Hernandez and Terry Shamsie, one of the people mentioned in the complaint. Shamsie has filed a motion in response to the recusal motion, saying that the DA failed to attach and supporting affidavits affirming his accusations.

The motion to recuse hearing is set for 9 a.m Friday at the Kleberg County Courthouse.

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