Justice of the Peace Judge, Gustavo Garza was in court this morning after getting sued for his spanking punishment option. The plaintiffs are Mary Vazquez and Daniel Zurita. They want a temporary restraining order against Judge Garza’s spanking punishment. Instead, state district judge Abel limas has reset the hearing for next Wednesday.

The parents of a 14-year-old teenager were in court, hoping to put a stop to Judge Garza’s idea of punishment. Their complaint says that Garza told the teen and her step-father that the teen would be found guilty of a criminal offense and fined $500 for not attending school unless Zurita spanked his step-daughter in the JP courtroom on April 9th. The couple's attorney Mark Sossi, argued that Judge Garza did not have the authority to order someone to spank their child. But after the hearing Judge Garza told us again that he did not order anyone. Parents had a choice to either spank or pay up.

“I’ve never ordered anybody to use discipline on their children in court.”

Judge Garza says his disciplinary option does not break any Texas law.

“I believe and as you will find the law will support me. The penal code addresses it for parents and educators to use it for discipline, the family code obligates it.”

And parent, Ramón Ortiz backs the judge up. Ortiz tells us he has sat in many of the judge's cases and he says Judge Garza has not ordered any parent to spank their child. As for the spanking, Ortiz says he was spanked as a child so he's not against it.

“I think it's the proper discipline in certain cases if administered correctly.”

But Nick Chavez Junior who is also a father, does not condone it. He says he was appalled when he heard this was being done in the Valley. He’s not only surprised about the spanking option, but spanking in front of strangers.

“Why do kids have to go through the humiliation even the parents of spanking their kids with other people present.”

Chavez feels this option should be removed completely. He feels other options like community service should be considered instead.

The Cameron County Commission will meet Tuesday in an executive session to discuss whether the county's legal counsel will be able to represent Judge Garza.