Texas Judge Suspended With Pay After Allegedly Assaulting Family Member

The Texas judge allegedly assaulted a female family member on New Year's Eve. Shutterstock

A Harris County judge was suspended from the bench with pay after being arrested on New Year’s Eve on charges of family assault, according to officials.

Judge Frank Aguilar of the 228th District Court was suspended on Feb. 7 for what the State Commission on Judicial Conduct said was a “pending criminal matter,” which appeared to stem from the Dec. 31, 2023 incident.

The commission noted that the judge, a 66-year-old Democrat who was elected to a second four-year term in 2022, has been suspended under rule 15a.

According to the commission (pdf), under Rule 15a, “any judge may be suspended from office with or without pay by the commission immediately upon being indicted by a state or federal grand jury for a felony offense or charged with a misdemeanor involving official misconduct.”

The rule notes, however, that the suspended judge “has the right to a post-suspension hearing to demonstrate that continued service would not jeopardize the interests of parties involved in court proceedings over which the judge would preside nor impair public confidence in the judiciary.”

A written request for a post-suspension hearing must be filed with the commission within 30 days of receiving the suspension, and a hearing on the matter will take place within one month before one or more members or the executive director of the commission as designated by the chairperson of the commission.

“The person or persons designated will report findings and make recommendations, and within 60 days from the close of the hearing, the Commission shall notify the judge whether the suspension will be continued, terminated, or modified,” the rule states.

Judge ‘Punched’ Woman

Judge Aguilar’s suspension comes roughly two weeks after Galveston County prosecutors charged him with allegedly assaulting a female family member on New Year’s Eve.

He was initially arrested on Dec. 31 in Galveston and accused of assault causing bodily injury involving family violence, a Class A misdemeanor, arrest documents show.

According to the probable cause affidavit, which was provided to Houston Public Media, the judge and the woman were at his home and having a small party with other guests, including people who were renting a room downstairs, when the woman got into a verbal altercation with one of the renters.

The judge became angry about the altercation and punched her in the face and head multiple times, according to the affidavit. He is then alleged to have placed his foot on her neck, leaving her temporarily unable to breathe.

‘I Fell From Stairs’

Speaking to the Houston Chronicle, the judge’s defense attorney noted a recent affidavit in which the woman asked prosecutors to dismiss the charge, saying that the events of Dec. 31 were not as described and that she felt “coerced.”

“Frank Aguilar never touch[ed] me or hit me,” she wrote in a recent filing, according to the lawyer. “I fell from stairs inside [the] house.”

Judge Aguilar is currently out of jail on a $1,500 bond, according to Houston Public Media.

In a statement to ABC13 Houston, Amanda Cain, the communications director for the Administrative Office of the District Courts, said that work is being done to ensure the courts continue to run smoothly in the wake of the judge’s suspension.

“In light of the decision by the Texas Commission of Judicial Conduct to suspend Judge Frank Aguilar from overseeing the 228th Criminal District Court, the Administrative Office of the Harris County State District Courts has been working diligently, along with the Eleventh Administrative Regional Judge Susan Brown, to ensure dockets and daily court operations remain uninterrupted,” Ms. Cain said.

“We have no comment regarding Judge Aguilar’s suspension or pending legal matters,” she added.

Judge Aguilar was previously charged with assaulting a woman he was dating in 2010, but a Harris County jury later found him not guilty of that offense, according to multiple reports.

In light of the recent charges, prosecutors requested Judge Aguilar recuse himself in seven family violence cases but he denied that request, according to reports.

The Epoch Times has contacted Judge Aguilar’s attorney for further comment.