Why is judge accused of violence still on bench?

Frank Aguilar should stop presiding over domestic violence cases

When Jeremy Washington appeared before Harris County District Court Judge Frank Aguilar on Jan. 4 for a bond setting, he may not have known that they had something in common. Both Washington and Aguilar were arrested on domestic violence allegations just one day apart.

The details of Washington’s case aren’t known, except that he was arrested on New Year’s Day and charged with felony assault of a family/household member “with impeding breathing.” Aguilar authorized his release on a $20,000 bond, on the condition he wear an ankle monitor and cease contact with the accuser.

Despite the fact that Aguilar’s arrest for a strikingly similar misdemeanor offense — assault causing body injury/ family violence — was widely reported, the prosecutor on Washington’s case did not submit a motion for “recusal” to remove the judge from the case. Perhaps the prosecutor didn’t want to risk angering the judge, or perhaps he hadn’t read a heavily redacted probable cause affidavit detailing Aguilar’s arrest. The affidavit paints a sordid, disturbing scene that not only raises ethical questions about Aguilar’s impartiality in presiding over domestic violence cases, but whether he is fit to be a jurist at all.

Aguilar was arrested early on New Year’s Eve during a party at his Galveston residence. According to the affidavit, when Galveston police officers arrived around 1:30 a.m., Aguilar was out on the balcony of his home visibly intoxicated. The accuser, a woman, had blood leaking from her nose, red marks on her neck and a welt on the back of her head.

The woman told the police that the alleged incident with Aguilar began after she got in a verbal altercation with another woman who was renting a room downstairs. After that exchange, Aguilar allegedly followed the accuser upstairs where he cursed at her and punched her in the face and head multiple times. He then “held his foot down on (her) neck for a minute” until she told him “I can’t breathe,” after which he walked away, the police wrote. For his part, Aguilar told police that the woman was intoxicated and threw beer cans around the house and at him. When asked by police how the accuser sustained her injuries, he responded “I don’t know.” He was arrested and booked into the Galveston County jail and was later released on a $1,500 bond.

An associate judge took over Aguilar’s docket for two days after the holiday weekend, but by Jan. 4, he was back on the bench. In addition to Washington’s case, court records indicate Aguilar has presided over at least two other domestic violence cases since returning to work.

How can this be allowed?

The State Commission on Judicial Conduct can suspend a judge for crimes “involving moral turpitude” but only after an indictment is filed. Even so, Aguilar would have a right to a postsuspension hearing where he could argue that his continued service on the bench wouldn’t conflict with the interests of any parties that come before his court.

At press time, the Galveston County district attorney had not yet published an indictment against Aguilar. Until that happens, Aguilar is allowed to continue working.

That doesn’t mean he should. Aguilar did not respond to our request for comment. A spokesperson for the Harris County Administrative Office of the District Courts incorrectly told this editorial board that “only the State Commission on Judicial Conduct could take action that would affect Judge Aguilar’s ability to preside” while his case is pending.

In reality, Texas’ guidance on when judges should recuse themselves is spelled out clearly in the rules of civil procedure: A judge must recuse in any proceeding in which their impartiality might reasonably be questioned or if they have a “personal bias or prejudice concerning the subject matter or a party.” Considering that this is the second time Aguilar has been accused of domestic violence — as a magistrate judge in 2010, he was arrested and charged with a misdemeanor for allegedly hitting a woman he was dating but was acquitted by a jury — it is fair to question whether he can be truly objective in assessing defendants charged with similar crimes.

We believe that Aguilar remaining on the bench reflects poor judgment. We urge him to take a voluntarily leave of absence until his case is resolved. If he chooses to continue working, he should, at minimum, recuse himself from presiding over domestic violence cases.

The editorial board endorsed Aguilar for a second term in the 2022 general election despite concerns raised about some of his bond decisions and his alleged favoritism of certain private defense attorneys instead of public defenders. We chose him anyway because his Republican opponent was lacking and inexperienced. District court judges are elected positions, and voters won’t be able to hold Aguilar accountable for his actions until 2026.

Like any one else accused of a crime, Aguilar is considered innocent until proven guilty. He has the right to defend himself and see his case through if or when he is officially charged with a crime. Unlike most others accused, Aguilar’s position as an elected judge entrusted with meting out justice requires that he be held to a higher standard in his professional life.

Recusal isn’t an admission of guilt. It’s an admission that perceptions matter in a judicial system dependent on public trust. It’s an action that would help avoid the appearance of bias or impartiality. It’s an action that demonstrates good judgment, the very least we expect from Aguilar or any other elected jurist.