A Bexar County District Court today heard a plea to the jurisdiction filed by attorneys from the
Bexar County Criminal District Attorney’s Office, who represented Bexar County
in this matter.
Former Bexar
County Precinct 2 Constable Michelle Barrientes Vela previously filed a legal action to prevent
the newly-appointed constable from taking office. The former constable alleged that her
previous statements to the media that she planned to run for Bexar County Sheriff in 2020 did not
trigger the “resign to run” provision of the Texas Constitution.
Judge
Martha Tanner considered the arguments of counsel, determined the court had
no jurisdiction over the claims asserted by former constable Barrientes
Vela, and dismissed her entire lawsuit. In addition, a previously issued Temporary Restraining
Order was dissolved. As a result of the judge’s order, the hearing on this case formerly scheduled for
Friday is canceled. According to Larry Roberson, chief of the Civil Division of the Criminal District Attorney's Office, the Bexar County Commissioners Court may now move forward with investiture of the
new Constable for Precinct 2.
Constable
Barrientes Vela, through her legal counsel, agreed to vacate her office by 8 a.m.
on Thursday, Oct. 10, 2019.
Because
a criminal investigation remains pending, the Bexar County Criminal District
Attorney’s Office can make no further comment on the court ruling.