Austin, TX, February, 27 2015 – State Rep. Tony Tinderholt has filed a judicial conduct complaint against state District Judge David Wahlberg with the State Commission on Judicial Conduct. The complaint alleges that Judge Wahlberg violated Texas law by not giving the Texas Attorney General’s office notice that a constitutional provision of Texas marriage law was being challenged in court, a state law requirement under the Texas Government Code, Chapter 402. This illegal maneuver allowed the Judge Wahlberg to rule quickly without the State being present to defend the law, exactly the reason for the state law procedure, to prevent such unethical tactics. Last week, Judge Wahlberg then ordered the Travis County Clerk to issue a marriage license to the lesbian couple, in violation of Texas law, and also waived the normal 72 hour waiting period requirement before a marriage can occur after a license is obtained.
The Texas Supreme Court later issued a stay of Judge Wahlberg’s ruling and a similar ruling from earlier in the week, after Texas Attorney General Ken Paxton filed a legal request with the state high court, but not before the two women could rush off and engage in a wedding ceremony on the same day. It also well known that the Travis County Clerk, Dana DeBeauvoir, is a very vocal opponent of Texas marriage laws and has stated numerous times publicly that marriage should be redefined.
“This judge deliberately violated statutory law, and this is unacceptable,” Rep. Tinderholt said in a statement. “Judge Wahlberg allowed his personal views to dictate his action and ignored state law to accomplish his desired outcome.”
Texas Values President and Attorney, Jonathan Saenz, released the following statement in response:
“We are grateful for Representative Tinderholt’s actions to hold Judge Wahlberg accountable for outright defiance of the Texas Constitution and Texas procedural law. We must continue to send a strong message to every judge and clerk in Texas that our people expect Texas marriage laws to be respected and the rule of law to be followed. Texas judges and county clerks are not above the law.”
Texas Values continues to be the leading voice and force in protecting marriage between one man and one woman in Texas. Texas Values was at the oral argument on Texas’ marriage case at the 5th Circuit Court of Appeals earlier this month.