On Wednesday, September 10, 2025, ABC-7 reported that Judge Lyda Ness Garcia of the 383rd District Court recused herself from a child custody case involving Max Grossman, a government watchdog and associate professor at the University of Texas at El Paso.
The recusal came shortly after Grossman’s arrest on September 5 on a family violence charge related to an incident on August 27 involving his former girlfriend. On the same day as his arrest, Grossman filed a civil lawsuit seeking custody of his two-year-old child.
Judge Ness Garcia cited judicial ethics as the reason for declining to comment on the specifics of her recusal. However, the recusal occurred one day after she publicly supported an opinion piece by Nicole Alderete-Ferrini, a former El Paso executive, which addressed Grossman’s criminal case. Alderete-Ferrini’s column, published by El Paso Matters, highlighted the issue of abuse against women in public life, referencing Grossman’s past behavior of publicly attacking women.
In her Facebook post, Judge Ness Garcia lauded Alderete-Ferrini’s courage in speaking out against misogyny and keyboard bullies, while clarifying that she held no specific opinion on the allegations against Grossman and trusted the judicial system.
Joy Degenhart, Grossman’s family law attorney, informed ABC-7 that her office became aware of the judge’s remarks and the shared op-ed over the weekend. Degenhart contacted the court on Monday to inquire about a potential transfer of the case or the need for a recusal motion. The court had already initiated the transfer process, referring the case to the Sixth Administrative Region for assignment to a new family court judge. Degenhart stated she was unaware of the specific reason for the transfer but noted her positive experiences practicing in Judge Ness Garcia’s court, describing her as a fair judge.
Grossman’s request for a protective order against his former girlfriend, alleging stalking and harassment, remains pending in Judge Ness Garcia’s court. Degenhart anticipates that this case will also be transferred to the new court once assigned.
ABC-7 reached out to Judge Ness Garcia for her reaction to Ferrini’s op-ed and the case’s status. Judge Ness Garcia stated that she had no personal knowledge or position regarding the allegations against Grossman, either criminally or in family law. She added that her social media comments did not mention him by name and were not directed at him personally.
Randy Erben, an adjunct professor at the University of Texas School of Law and commissioner of the Texas Ethics Commission, discussed the balance judges must maintain between their personal opinions and judicial duties. Erben noted that while judges retain their First Amendment rights, they must uphold the integrity of the judiciary and avoid impropriety.
Source: ABC-7
