Interestingly, Judge Turcotte and His Family (Ranchers) are Owners of Real Estate in the Rio Grande LNG Project, which is a Project worth Billions of Dollars

Rio Grande LNG is a planned natural gas liquefaction and export project. Located in the Port of Brownsville in South Texas, the Rio Grande LNG project is expected to be a leader among second wave U.S. LNG projects.

Rio Grande LNG is being developed by Houston-based NextDecade Corporation.

Rio Grande LNG will be supplied with natural gas from the Permian Basin, Eagle Ford Shale, and other resources. NextDecade’s Rio Bravo Pipeline will transport gas from the Agua Dulce area to the Rio Grande LNG project. More information on the proposed pipeline can be found on the Rio Bravo Pipeline website (click HERE).

On May 5, 2016, NextDecade filed an application with the Federal Energy Regulatory Commission (FERC) to site, construct and operate the Rio Grande LNG project and the associated Rio Bravo Pipeline project. The application and all subsequent FERC filings are publicly available on the FERC’s website under docket numbers CP16-454 (Rio Grande LNG) and CP16-455 (Rio Bravo Pipeline).

On October 12, 2018, FERC issued a draft Environmental Impact Statement (EIS) on Rio Grande LNG and Rio Bravo Pipeline. The draft EIS was prepared in accordance with statutory requirements in the National Environmental Policy Act (NEPA). FERC’s rigorous process includes a detailed review of safety, environmental, engineering, socioeconomics, and other elements of proposed projects. FERC released the final EIS for Rio Grande LNG and the associated Rio Bravo Pipeline on April 26, 2019. The federal authorization decision deadline is set for July 25, 2019.

Rio Grande and Rio Bravo also rely on the environmental, legal, and technical expertise of LNG industry consultants and engineers, including Blue Engineering and Consulting, CH-IV International, Moffat & Nichol, Ecology & Environment, Inc., Fugro USA Land, Inc., and K&L Gates LLP.

BEFORE THE STATE COMMISSION  ON JUDICIAL CONDUCT

CJC No.19-0127

PUBLIC WARNING

HONORABLE LOUISE. “BUD” TURCOTTE

KENEDY COUNTY JUDGE
SARITA, KENEDY COUNTY, TEXAS

During its regularly scheduled meeting on June 5-6, 2019, the State Commission on Judicial Conduct concluded a review of the allegatiqns against the Honorable Louis E. “Bud” Turcotte, County Judge in Sarita, Kenedy County, Texas. Judge Turcotte was advised by letter of the Commission’s concerns and provided written responses.

Although Judge Turcotte confirmed in writing that he would appear before the Commission on June 5, 2019 at 3:30 p.m., he failed to appear for his scheduled hearing.

After considering the evidence before it, the Commission entered the following Findings and Conclusion:

FINDINGS OF FACT

1. At all times relevant hereto, the Honorable Louis E. “Bud” Turcotte was County Judge in Sarita, Kenedy County, Texas.

2. On August 15, 2017, Kenedy County Attorney Alison Strauss filed a “Motion for Recusal” in which she requested the appointment of a prosecutor pro tern for a criminal matter involving Precinct 2 Justice.of the Peace Jerry W. Miller.

3. On August 22, 2017, Judge Turcotte entered an order granting the motion, but included handwritten language that he was “not ready to appoint yet” a prosecutor pro tem.

4. During an October 23, 2018, telephone conversation with Commission Staff, the judge stated that he was unsure what to do with the County Attorney’s request for the appointment of a prosecutor pro tern because he had an ongoing business relationship with Judge Miller, and did not think it would be appropriate for him to make any appointments in the case. Judge Turcotte ultimately decided that he ‘would recuse himself and send the matter to the Regional Presiding Judge.

5. In his November 9, 2018 written responses to the letter of inquiry, the judge reiterated that he felt that he should recuse himself from the matter because he is a “friend and customer of [Judge Miller’s] business.”

6. On November 29, 2018, Commission Staff contacted Judge Turcotte to ascertain whether he had in fact recused himself from the matter. The judge admitted that he had not done so, but stated that he would immediately work on submitting the appropriate paperwork to the Regional Presiding Judge.

7. The Fifth Administrative Judicial Region of Texas confirmed that Judge Turcotte submitted his recusal paperwork with their office on November 29, 2018.

RELEVANT STANDARDS

1. Canon 2B of the Texas Code of Judicial Conduct, states, in pertinent pa1t: “A judge shall not lend the prestige of judicial office to advance the private interests of the judge or others … ”

2. Canon 3B(1) of the Texas Code ofJudicial Conduct states: “A judge shall hear and decide matters assigned to the judge except those in which disqualification is required or recusal is appropriate.”

3. Canon 38(2) of the Texas Code of Judicial Conduct states, in pertinent part: “A judge should be faithful to the law and maintain professional competence in it.”

4. Section 33.00l(b) of the Texas Government Code states, in relevant part, that “For purposes of Section 1-a, Article V, Texas Constitution, ‘willful or persistent conduct that is clearly inconsistent with the proper performance of a judge’s duties’ includes: (1) wilful, persistent, and unjustifiable failure to timely execute the business of the court, considering the quantity and complexity of the business …. “

CONCLUSION

The Commission concludes based on the facts and evidence before it that Judge Turcotte allowed his relationship with Judge Miller to influence his decision to avoid appointing a prosecutor pro tern for over 15 months.

Furthermore, the Commission concludes that Judge Turcotte exhibited incompetence in the law by not recusing himself in a timely manner despite having a personal and financial relationship with Judge Miller.

The Commission concludes that Judge Turcotte’s conduct, described above, constitutes a willful violation of Canons 2B , 3B(l) and 3(B(2) of the Texas Code of Judicial Conduct and Section 33.00l(b)(1) of the Texas Goverrunent Code.

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In condemnation of the conduct described above that violated Canons 2B, 3B( 1) and 3B(2) of the Texas Code of Judicial Conduct and Section 33.00I(b)(l) of the Texas Government Code, it is the Commission’s decision to issue a PUBLIC WARNING to the Honorable Louis E. “Bud” Turcotte, County Judge in Sarita, Kenedy County, Texas.