The Texas State Commission on Judicial Conduct announced a public reprimand for Lubbock Justice of the Peace Francisco “Frank” Gutierrez, citing serious procedural failures in a debt‑collection case and a lack of cooperation with the commission’s inquiry.
Improper judgment without notice
According to the commission’s order dated August 25, Gutierrez, who serves Precinct 3, Place 1, ruled in a lawsuit brought by LVNV Funding LLC against Shelby Ishmael without ever notifying either side of a trial date. The collection company requested a trial setting in December 2023, but no trial was scheduled. In April 2024, Ishmael’s attorney, Kyle Deese, filed a motion seeking arbitration and dismissal of the case.
Instead of holding a hearing on the motion, the commission found that Gutierrez converted the matter into a final trial on May 29 2024, signed a judgment favoring LVNV, and denied Deese’s arbitration request the following day. The commission concluded that the judgment was entered without a hearing, without evidence, and without any trial notice, depriving Deese of the opportunity to request a jury trial.
Failure to cooperate with the investigation
Separate from the courtroom conduct, the commission determined that Gutierrez repeatedly ignored its investigative requests. Investigators sent an initial inquiry in March 2026, followed by additional emails and phone calls. When a tentative reprimand was mailed, Gutierrez claimed he did not recall receiving the inquiry and later said he had not seen the sanction. The commission resent the documents, but received no response.
The commission characterized Gutierrez’s actions as “willful and persistent conduct” inconsistent with his judicial duties, stating that such behavior brings public discredit to the judiciary.
Disciplinary requirements
The August 25 order requires Gutierrez to complete four additional hours of instruction with a mentor. The training includes three hours on court procedures, notice, and deadlines, plus one hour on cooperating with the commission. He must finish the instruction within 60 days of receiving written notification of his mentor assignment.
The reprimand does not remove or suspend Gutierrez from office, but it serves as a formal warning and corrective measure intended to safeguard proper judicial process in Lubbock and throughout Texas.
Local response
Lubbock Lights has reached out to Judge Gutierrez for comment and will update readers as the story develops.
Original reporting: Lubbock Lights — read the source article.
