Progreso election lawsuit delayed by procedural problem

EDINBURG, Texas ( ValleyCentral ) — When he took the bench on Friday morning, state District Judge Joel Johnson had a simple question.

Johnson, a semi-retired judge from Sinton, was supposed to hear arguments in a local election lawsuit .

Progreso Mayor Hugo Gamboa filed the lawsuit in mid-August, claiming other city officials “blatantly mismanaged city elections” to maintain “corrupt political power.” Gamboa wanted Johnson to sign a restraining order against them — and order Progreso to place three City Council positions on the November ballot.

Johnson scheduled a hearing for Friday morning.

Gamboa and his attorney, Baltazar Salazar of Houston, arrived with more than a dozen supporters. The other city officials, however, didn’t show up. Neither did the city’s attorney.

“Is there anyone here on behalf of the city of Progreso?” Johnson said. “I don’t see anyone.”

Salazar said they had informed Progreso City Attorney Javier Villalobos and other city officials about the hearing.

“I had been in conversation with Mr. Villalobos. He’s aware of this hearing,” Salazar said. “And he flat-out told me he was just not going to show up here.”

Less than a minute later, Villalobos walked in wearing jeans and what appeared to be a brown fishing shirt.

“But I’m not here as an attorney, judge,” Villalobos said, adding that he was just “a spectator.”

Johnson started asking him questions anyway.

“Can you help me out a little bit?” Johnson said. “Is anyone going to appear on behalf of the city?”

The mayor had sued the city of Progreso, City Manager Alfredo Espinosa, Assistant City Manager Francisco “Frank” Alanis, City Councilman Ruben Abundiz, City Councilman Raul Martinez and City Councilman Javier Morales.

Villalobos said they hadn’t been served with the lawsuit.

“I think that’s the issue,” Villalobos said.

Johnson pulled up the docket.

It showed that Salazar had notified Villalobos about the hearing, but Salazar hadn’t served the city or any of the city officials.

“While they have notice that you’re requesting a hearing, they technically have not been served with any of the papers in the case,” Johnson said. “The clerk hasn’t sent anything because there’s never been a request for the clerk to send anything.”

As a result, Johnson said he couldn’t hold the hearing or make a decision on the mayor’s claims.

Salazar said Progreso needed a decision by Sept. 9 to place anything on the November ballot. He suggested that a judge could approve the restraining order ex parte — without providing any notice to Progreso.

“I understand. But, you know, I’m old school. Been doing this a long time,” Johnson said. “I just don’t push people around that haven’t gotten the paperwork from the clerk.”

Johnson rescheduled the hearing for Tuesday morning.

As soon as the hearing adjourned, Salazar headed to the Hidalgo County District Clerk’s Office.

Gamboa, meanwhile, appeared unfazed.

“I don’t know how he missed that step,” Gamboa said. “Or how that happened.”

Regardless, they would be ready on Tuesday morning, Gamboa said, and resume the push for Progreso to hold an election in November.

“We’ll just move forward,” Gamboa said. “And if it takes a little bit more time, we go with it. But we’re going to keep pressing.”

For the latest news, weather, sports, and streaming video, head to KVEO-TV.