EPISD Board’s Appointment of Morris Libson Jr. to Vacant Seat Faces Legal Challenge
The Eagle Pass Independent School District (EPISD) Board of Trustees recently appointed Morris Libson Jr. to fill the seat left vacant by Lupita Fuentes, who passed away in April of this year. However, this appointment has sparked a legal debate after a call for the position not to be put up for election was challenged. The issue has now made its way to the 365th District Court through a writ of mandamus filed by Enriqueta Diaz.
Legal Dispute Over Filling the Vacant Seat
The writ of mandamus filed by Diaz argues that the EPISD Board and Administration should have called an election for the vacant seat, despite having the legal right to appoint Libson to the position. At the heart of the dispute is the question of whether the Board also had a responsibility to place the seat up for vote at the next available election, which would have been the November Presidential Election.
Complicating the matter is the existence of two overlapping laws regarding the process for filling a vacant seat on the school board. The legal ambiguity has led to confusion and debate over the proper course of action.
Court Proceedings and Arguments
This week, the case was brought before District Judge Amado Abascal’s courtroom, where both parties presented their information and arguments. During the hearing, the attorney for EPISD requested additional time to prepare a defense statement related to the appointment and the legal framework surrounding the decision not to call an election for the vacant position. Judge Abascal granted this request, allowing the EPISD to gather the necessary information.
Although no official order has been filed yet, reports indicate that EPISD has been advised to call a special election for the Place 5 seat, which is currently occupied by Libson. The special election is likely to be held in May, where Libson will have to decide if he will run to retain the seat.
Next Steps and Potential Special Election
Moving forward, the EPISD Board is expected to seek further guidance from the Texas Secretary of State on the matter. Depending on the outcome of this consultation, they may proceed with calling the special election according to the terms outlined in the Texas Election Code.
The Eagle Pass Independent School District also retains the option to appeal any decisions or orders issued by the court. Superintendent Samuel Mijares has stated that the district is awaiting additional information and legal advice from its counsel. He further emphasized that, if required, EPISD is prepared to hold an election for the Place No. 5 seat.
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