JUDGE SUES PROSECUTORS FOR ACCUSATIONS OF TRAFFICKING

Judge Sues 2 Prosecutors. Canales Says Statements Caused Emotional Distress

FALFURRIAS - In a move some observers called unprecedented, Judge Terry A.
Canales of the 79th District sued two assistant district attorneys for
slander and libel.

The suit filed in Brooks County last week claims two prosecutors who also
work in the 79th District told numerous people that Canales was involved in
drug trafficking.

Canales claims Lee Persohn and Carlos Garcia made statements with the
"perverse intent" of causing him severe emotional distress, according to
court papers.

The lawsuit asks for unspecified damages. None of the three would discuss
the specifics of the case, but Canales said he didn't expect the lawsuit to
affect any future proceedings that bring Persohn or Garcia into his court.

"I don't see why it would," Canales said. "As it is right now I do very
little criminal work anyway. It's mostly civil cases. There's an extremely
heavy docket on the civil side."

Canales said the two prosecutors don't argue civil cases and that he knew
of no cases either had pending before his court.

The 79th District covers Brooks and Jim Wells counties. Garcia said he and
Persohn have yet to find legal representation and have not been advised
what statements they can make to the public. The counties' insurance likely
will cover the cost of a defense attorney, officials said.

When asked if he thought the lawsuit would strain relations between the
judge and prosecutors, Persohn replied, "I'll leave it up to the public to
make that determination."

79th District Attorney Joe Frank Garza said he didn't expect the lawsuit to
create a rift between his office and the district judge. "It won't affect
our operations as far as our caseload," he said. "In fact yesterday
(Wednesday) one of the attorneys had a hearing in front of
(Canales)...everything was fine."

The prosecutors could ask Canales to recuse himself from any cases they
present to the court, an option Margaret Reaves, executive director of the
State Commission on Judicial Conduct, said would not be uncalled for.
"There's some common sense that would come into play," she said. Garza said
the men, who have worked in the office since 1997, have acted
professionally in their stints as prosecutors. "They're very good at what
they do," he said. "There have been no problems."

Tom Krampitz, executive director of the Texas District and County Attorneys
Association, said he hasn't heard of a case where a district judge has sued
prosecutors for slander in his 25 years of experience. "To say it's highly
unusual would be an understatement," he said. Krampitz said the lawsuit
could potentially create a perception of unfairness if Canales and the
prosecutors square off in court, but added that disagreements between
lawyers and judges are not rare. "It's probably not unusual for judges and
particular lawyers not to see eye to eye on several things," Krampitz said,
giving as an example when a lawyer supports a judge's opponent in an election.