The Texas State Commission on Judicial Conduct publicly reprimanded Lubbock Justice of the Peace Francisco “Frank” Gutierrez after finding he ruled in a debt collection lawsuit without notifying either side of a trial and repeatedly failed to respond to the commission’s investigation.
The Aug. 25 order requires Gutierrez, who serves Precinct 3, Place 1, to complete four additional hours of instruction with a mentor. It does not remove or suspend him from office.
The disciplinary action stems from a lawsuit filed by LVNV Funding LLC against Shelby Ishmael.
According to the commission’s findings, the collection company requested a trial setting in December 2023, but Gutierrez did not schedule one. In April 2024, Ishmael’s attorney, Kyle Deese, filed a motion asking the judge to compel arbitration and dismiss the lawsuit.
Arbitration is a process for resolving a dispute outside court.
Gutierrez scheduled consideration of that motion by submission for May 29, 2024. Instead, the commission found, he converted the proceeding into a final trial without notifying either party and signed a judgment favoring LVNV. He denied Ishmael’s arbitration motion the following day.
The commission concluded Gutierrez entered the judgment without holding a hearing, receiving evidence or providing notice of a trial. It also found the lack of notice deprived Deese of an opportunity to request a jury before trial.
Both sides subsequently asked Gutierrez to set aside the judgment.
In their July 8, 2024, agreed motion, the attorneys said no trial had been scheduled, the case was contested and neither side had announced readiness for trial, according to the disciplinary order.
Gutierrez denied relief on July 19, citing an untimely filing. Deese then sought review in Lubbock County Court at Law No. 3.
Judge Benjamin Webb granted that request in August 2024. Gutierrez vacated the judgment on Oct. 15, 2024, citing Webb’s order.
The commission also found Gutierrez engaged in improper “ex parte” communications, communications involving one side of a pending case without the other side’s participation. It cited the judgment presented by the plaintiff’s side and Gutierrez’s subsequent notation that local counsel had presented and requested it at the May 29 proceeding.
Separate from his handling of the lawsuit, the commission found Gutierrez failed to cooperate with its investigation.
Investigators sent an inquiry in March 2026, followed by additional emails and telephone calls. They later sent a tentative reprimand by email and certified mail.
During telephone conversations, Gutierrez said he did not recall receiving the initial inquiry and later said he had not seen the tentative sanction, according to the order. The commission resent the documents but received no response.
The commission concluded his violations constituted “willful and persistent conduct” inconsistent with his judicial duties and brought public discredit upon the judiciary or administration of justice.
His required training includes three hours on court procedures, notice, deadlines and improper one-sided communications, plus one hour on cooperating with the commission.
Gutierrez must complete the instruction within 60 days after receiving written notification that a mentor has been assigned.
Lubbock Lights is seeking comment from Judge Gutierrez. Look for a follow-up to this story.
Documents
The following documents are the records referenced in this article and are provided for readers who want to review the underlying documents.
