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…