Judge Manuel Banales, presiding judge of the 5th Administrative Region, will be recused from the Mauricio Celis criminal case. Nueces County District Attorney Carlos Valdez had filed a motion seeking to recuse Banales from presiding over the prosecution of Celis, the former Corpus Christi law firm owner who was convicted in February on 14 of 22 counts of falsely holding himself out as a lawyer. In May, Banales sentenced Celis to a 10-year probated sentence. Valdez had alleged that Banales could not be fair because, among several things, Celis defense attorney J.A. “Tony” Canales was on the host committee for his re-election fundraiser in June. In a July 21 letter, 213th District Judge Louis Sturns of Tarrant County notified lawyers involved in Celis’ criminal case that “the interest of justice” requires granting a prosecution motion to recuse Banales because of the appearance of impropriety. “The question of concern here is not whether the State has demonstrated actual bias on the part of Judge Banales, but whether there is an appearance of impropriety that causes a reasonable member of the public to lack confidence in the fairness of the tribunal,” Sturns wrote. Sturns added that campaign contributions do not ipso facto require recusal, but it is “significant” in this case that attorneys and firms involved with sharing fees with Celis also donated to Banales’ re-election campaign and Celis defense attorney Canales was on the host committee for a June fundraising event for Banales. Sturns wrote that the fact that Canales, a partner in Canales & Simonson in Corpus Christi, serves on a federal judicial evaluation committee whose recommendation Banales would need if he sought a federal judgeship is of “minimum significance.” However, Sturns wrote, “the role of campaign contributions, their source, and the timing of the fundraising event casts an ominous shadow over these proceedings. A judge should recuse himself in any proceeding in which his impartiality might be reasonably questioned.” Sturns wrote that his ruling should not be construed as a criticism of actions taken by Banales, but “rather as an attempt to maintain the appearance of fairness to both sides in the Celis case, as well as the public trust in the court system.” Sturns asked prosecutors to prepare an order of recusal for him to sign. Banales could not be reached for immediate comment, but Austin attorney David Botsford, a lawyer for Celis, says he’s disappointed in Sturns’ ruling. He says he cannot say what he will do in response to the ruling until he sees Sturns’ order. “Judge Sturns is genuinely concerned with the judicial system. I respect his letter and what he says in there. I respectfully disagree with it,” says Botsford, a partner in Botsford & Roark. DA Valdez says he believes Sturns recused Banales because the timing of political contributions to Banales by Canales and other lawyers “doesn’t pass the smell test. What was important was the timing of some political contributions and some fundraising efforts, the timing of those being while the case is pending and important hearings are going on,” he says. Still pending is Celis’ motion for a new trial. Valdez says that once Sturns signs the order, it will be up to Texas Supreme Court Chief Justice Wallace Jefferson to appoint a new judge.
-- Brenda Sapino Jeffreys
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