Plan to overhaul Tarrant County courts to be reworked after backlash from attorneys, judges

Oppoents spoke up during public comment during Tuesday’s commissioners’ court meeting, asking the judge why those mismanaging funds aren’t simply fired instead of overhauling the system.Commissioner Alisa Simmons said there was a lack of transparency in the process to come up with the plan. She said judges didn’t know about it until she alerted them last week.

“It is imperative that major actions of this kind be handled thoughtfully and carefully… I’m not sure that’s the path we’ve followed to arrive here today,” she said.

Simmons was also upset that she only learned of this plan after the last commissioner’s court meeting, despite staff working on it for six to eight weeks, and slammed county administrator Chandler Merritt for not getting the data she asked for.

“I’m not going to continue to tolerate it. I’m not going to be the last person you brief. Not that [expletive] anymore, Chandler,” she said to applause from the audience.

Several judges also expressed concern over a lack of transparency.

“You’re trying to do something to us without us having any input,” said Judge Carey F. Walker, Tarrant County Criminal Court 2.

They said it was an overreach of the executive branch, and the judicial branch is meant to stay separate by the constitution.

“Not only is this a violation of separation of powers guaranteed by our constitution, it will lead to needless litigation, end up costing the county thousands, if not millions, and will not achieve the goals that you are expecting,” said Judge David Hagerman, Tarrant County 297th District Court.

Hagerman called the plan “ill-conceived” and said it was planned in secret.

“I do not understand why the taxpayers should be shackled with inferior services yet incur higher costs when the system breaks down. And it will break down,” he said.

Defense attorneys said it could also threaten their cases, opening up sealed files to open records requests.

“Once you go outside the judiciary and you bring something into the executive branch, we’re back to junior high civics. We have the executive branch, which is commissioners court, and then we have the judicial. Once you go outside the judicial branch, that now is subject to the open records request,” said D. Miles Brissette, president of the Tarrant County Criminal Defense Lawyers Association.

O’Hare addressed authority concerns.

“It’s not an attempt to say, ‘Hey judges, we know better than you, and we’re going to take your power away. It is an attempt to solve problems,” he said.

“The last thing we want to do is go take over something we legally don’t have the authority to do,” he added.

But critics said that’s not what the plan looks like on paper, and, without separation of powers, they worried the plan would give commissioners and the county judge authority to retaliate against judges they didn’t agree with.

In the end, commissioners voted to create a working group to come up with a new plan to reduce the jail population and prevent fraud and waste.

The working group would include judges and defense attorneys.

Commissioners said they expected to see and review plans by July 1.

“It’s our expectation that we’ll hear various proposals on how to perfect the system going forward,” said Commissioner Manny Ramirez.

Commissioners also said they intended to revoke approval and funding of the criminal courts’ administrator position as of October 1st.

NBC 5 reached out to the current criminal court administrator, Greg Shugart, for comment.

“The judges went down and spoke on behalf of Criminal Court Administration that they wanted to be heard and want to be part of the process. Sounds like the court agreed and is giving them until July to come up with a plan,” he said.

Shugart said commissioners have to decide each year whether to renew his job, under budget discussions. He called it the natural course of government.

He added that he’s been appointed by 21 independent judges to ensure the criminal justice system runs smoothly and, in the end, if the working group decides to get rid of the position, then it may be in the best interest of the county.