El Paso County Judge Anthony Cobos’ chief of staff, Jaime Perez, has asked for and gotten a legal opinion from County Attorney Jose Rodriguez concerning the resignation of a county judge and whether he could vote on his replacement.

Newspaper Tree’s confirmation of the legal opinion seems to be the first real evidence to substantiate the long-rumored possibility of Cobos leaving office mid-way through his first, four-year term.

It turns out that County Commissioner Veronica Escobar may have been first to ask Rodriguez for a legal opinion about Cobos' resignation, apparently independently and apart from Perez.

"I had heard these rumors and wanted to know what the process is if this happens," she said. "What happens if the county judge resigns?

"I wanted to know if a sitting commissioner can be appointed and, more importantly, if the judge can vote on his own replacement."

Escobar, who is interested in being county judge, said Rodriguez told her that in order for a sitting commissioner to be appointed to the post after a county judge quits, the commissioner first would have to resign and see his or her vacant seat filled by an appointee.

Only then could the commissioners court appoint the former commissioner to fulfill the term of the departed county judge.

"I would never do all that," Escobar said, agreeing that a commissioner would risk a change of heart by the other commissioners or the anger of voters.

Cobos has been the highest-placed figure known to be a target in the FBI’s ongoing public corruption investigation, which saw his former chief of staff, Travis Ketner, plead guilty to bribery and conspiracy charges last year.

In his confession, the details of which were contained in a document called an information, Ketner implicated Cobos, County Commissioners Miguel Teran and Luis Sarinana, and more than a dozen others in various illegal schemes.

So far in that investigation, nine individuals have pleaded guilty to public corruption charges and four have been indicted.

Today, Sarinana said Perez requested a legal opinion from both Rodriguez and the Texas attorney general’s office on whether Cobos could resign and still vote on the appointment of a successor to complete the two years remaining in his term.

Rodriguez's answer was yes.

But Sarinana said he spoke to Cobos yesterday and quoted the county judge as having said he has no intention of resigning.

"He said it's nothing but speculation and innuendos," Sarinana said. "He said, 'I don't plan to go anywhere. I have two years to fulfill my responsibilities.'

"But I don't really know what's in his head and his heart."

Cobos has been in Washington on undisclosed business since Monday. Newspaper Tree did reach Perez on the telephone at his office this morning, but he hung up on hearing Sarinana had spoken about their conversation.

Newspaper Tree has been told by a courthouse source who asked not to be named that Perez has been making arrangements for Cobos' resignation for weeks.

Sarinana said it was Perez who told him that he had requested an opinion from the Texas attorney general's office as well as Rodriguez.

The opinion from Rodriguez, Sarinana said, apparently states that if Cobos is going to resign, items need to be placed on the agenda concerning that and the appointment of his replacement.

"I'm looking at Monday's agenda now, and there is nothing on there about this," Sarinana said. "He's in Washington until tonight, and if he wanted to add something, it would have to be first in the morning."

Rodriguez could not be reached for comment, but Escobar said he gave her an oral briefing on the question she had asked.

"He said when the county judge resigns, if that happens, he has to place two items on the Commissioners Court agenda," Escobar said. "The first is his resignation and the second is the appointment of his replacement.

"Once Commissioners Court accepts his resignation, then he stays on until he is replaced, and he can vote on his replacement."

Commissioner Teran said he has heard nothing of the opinion or a possible resignation by Cobos, adding they don't talk to one another that often.

Lame ducks say they won't vote on replacement

But, Teran said he would not take part in any decision on a replacement if Cobos were to resign before Teran leaves office at the end of this month.

"I wouldn't support anything right now," he said. "I would leave it up to the new court in terms of the appointment of a new county judge.

"It would be ridiculous for me to be involved. I'd get murdered ... by the public and you guys (the press)."

Told of Sarinana's reported conversations with Cobos and Perez. Teran said, "I don't know what's going on.

"Somebody's doing some thinking here, but I don't know who."

Sarinana, when told that Teran said he would not participate in an appointment, responded, "If Teran is thinking along those lines, it makes sense.

"We're pretty much lame ducks. Teran and I are exiting Dec. 31. A lot of these decisions will have to be made in the new year when the new officers take office.

"I pretty much agree with Teran."

So, why would Perez seek a legal opinion from Rodriguez regarding Cobos' resignation if Cobos has no intention to resign?

Sarinana said he asked Perez that question.

"He said, 'I'm just trying to get some information," Sarinana said. "Maybe this is a trick-or-treat or an April fools thing."

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David Crowder can be reached at (915) 351 0605 or dcrowder@epmediagroup.com