The powers of the Government of the State of Texas shall be divided into three distinct departments, each of which shall be confided to a separate body of magistracy, to wit: Those which are Legislative to one; those which are Executive to another, and those which are Judicial to another; and no person, or collection of persons, being of one of these departments, shall exercise any power properly attached to either of the others, except in the instances herein expressly permitted.
Article 1, Section 2, Texas Constitution
Judge Patricia Baca firmly believes that a judge's role is to apply the law, not make the law. A judge cannot substitute her personal beliefs for the law. Like the Constitution of the United States, the Texas Constitution sets forth a scheme of divided government with specific powers to be exercised by each branch of government. The Texas Constitution specifically limits the powers of each branch of government and Texas Statutes limit the powers of each court. The founders of our country and our state understood the necessity of separation of powers as a check on the excesses of government and as a means for protecting our liberties and freedoms.
Family courts in Texas are courts of law and equity. However, equitable principles can only be used if there is no adequate remedy at law and are limited by both statute and case law. A judge who sees a modern-day family court as simply a "court of equity" fails to recognize the limits Texas law places upon a judge.
I am a Constitutional Conservative. I respect the Constitutions of the United States and the State of Texas. I understand the role a judge plays in our governmental scheme. I am committed to following the laws of this great state. The people coming into our family courts deserve the certainty that the judge hearing their case is applying the laws as passed by the Texas Legislature.