EL PASO, Tx., March 18, 2026: On Monday morning, a defense attorney filed a Motion to Recuse El Paso Judge Lyda Ness Garcia from a criminal case she is overseeing because of her social media posts. In her motion, criminal defense attorney, Theresa Caballero, argues in the petition that Ness Garcia “made herself a witness” in a potential slander case because she “publicly commented on an opinion piece.”
Judges are limited in how they publicly engage on matters before their court to ensure there is no bias in their rulings. Each state sets standards for judges. It is the Texas Judicial Code of Conduct that establishes rules over the ethics a judge must have. The Texas Commission on Judicial Conduct investigates judges for ethical violations.
At the center of the petition seeking Ness Garcia’s removal from the criminal case is a social media interaction Ness Garcia engaged on over an editorial on El Paso Matters accusing Max Grossman of building “influence by attacking women.” Grossman had been arrested days before on family violence charges. His criminal case was dismissed on December 5, 2025.
The petition – which for the first time reveals that Bob Moore and El Paso Matters are facing a libel and defamation lawsuit – requests that Ness Garcia recuse herself from the criminal case because of previous social media posts she made demonstrating a potential for bias against male defendants in cases involving Hispanic females.
Last year, Ness Garcia voluntarily recused herself from a criminal case she was overseeing after commenting on a social media post about the defendant with “it’s time to call out the dangerous misogyny in our town.”
In the recent case, hours after the recusal petition was filed, Ness Garcia denied recusing herself by writing that “I do not agree to voluntarily recuse myself.” It is now up to the Presiding Judge of the Sixth Administrative Judicial Region, Judge Kirsten b. Cohoon, to decide if Ness Garcia should continue to oversee the criminal case.
When it comes to social media, judges must take care about how they interact on a social media post because comments can be misinterpreted leading to potential ethical concerns.
Texas Judge Sanctioned for Social Media
In October 2021, Duval County Justice of the Peace Judge Josie Fernandez was forced to resign her seat by the Commission, in part over her Facebook posts that were “violative of the Texas Code of Judicial Conduct.” According to the Commission’s document, Fernandez regularly posted content promoting products, supporting law enforcement, supporting candidates for office, and “posts expressing her contempt and disdain for criminal defendants.”
The Texas State Commission has privately sanctioned at least three judges. In one case the judge was warned “for using her social media in a manner that could be perceived as advancing” her personal interests. Another Texas judge was ordered to take additional training for the “improper solicitation of funds” through social media. In a third case, a Texas judge was privately admonished for posting a social media video of the judge dancing to an explicit song in the courtroom.
This is a developing story. We will bring you more information as it becomes available.
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