Caballero rebuked by U.S. appeals court

Caballero rebuked by U.S. appeals court
2/1/2010 By Timothy Roberts/ El Paso Inc.
Theresa Caballero, a candidate for El Paso county attorney, was so busy late last year that it slipped her mind to process the appeal of a 25-year-old Mexican man she had represented against charges that he had attempted to enter the United States illegally.

As a result, the Fifth Circuit Court of Appeals in New Orleans has removed her from the case and is considering suspending her from practicing in the Appeals Court for one year and notifying the State Bar of Texas “of her failings in this case.”

Caballero has admitted her error and has asked the court not to suspend her.

The defendant, Pedro Villa-Campos, was charged with using false documents to enter the U.S. at the Paso del Norte Port of Entry on Feb. 21.

According to records in U.S. District Court, he pleaded guilty to the charge less than a month later and was sentenced to two years in prison.

Last Aug. 7, Caballero filed an appeal to the U.S. Fifth Circuit Court of Appeals in New Orleans.

And that was that.

According to an order issued by chief Judge Edith Jones Dec. 29, “After filing the notice of appeal, she has taken no steps to see that the appeal proceeds.”

Judge Jones said that Caballero should have ordered transcripts of the case and has not responded when the clerk’s office inquired to her “delinquencies.”

“This has caused processing of the appeal to come to a standstill,” Judge Jones wrote in her order. “The court cannot tolerate this kind of delay, particularly in a criminal case.”

The judge gave Caballero 15 days to respond. She was four days late in replying.

“I’ve been out of the office for many, many days,” she wrote the court. She cited her busy fall schedule. She tried an aggravated sexual assault of a child case in September, a capital murder case in October, and an Army court martial in November, she wrote.

In addition, a close family member had serious health problems, “which necessitated days away from the office and my spending nights at the hospital.”

And then there was the campaign.

“I am also currently running for political office and am involved in a highly contested campaign for El Paso County Attorney,” Caballero wrote to Judge Jones.

But Caballero goes on admit that she was wrong not to follow up on the appeal.

“I accept full responsibility for all this and acknowledge that this is all my fault,” she wrote. “I will do whatever is necessary to rectify this.”

In a telephone interview with El Paso Inc., Caballero said she had addressed her errors.
“I take full responsibility for my mistake,” she said.

In the March 2 Democratic primary, Caballero is challenging Jo Anne Bernal, the current county attorney. There is no Republican on the ballot.