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WELL, WELCOME TO PART THREE OF THE TOWN HALL ON CRIME.
THE FIRST PARTS, UH, ONE AND TWO WERE CONDUCTED BY COUNCIL MEMBER TRAVIS, WHO I THINK IS HERE TONIGHT.
I THINK I SAW HIM SOMEWHERE, ALWAYS IN THE BACK.
GREG, TRAVIS, I'M ANNOUNCING YOU.
I HE DID A GREAT JOB WITH ONE AND TWO.
AND SO, UH, I KNOW I HAVE BIG SHOES TO FILL, BUT, UM, I ALSO WANNA RECOGNIZE COUNCIL MEMBER SALLY ALCORN IS HERE TONIGHT.
UM, CHIEF BRADFORD, I SAW, OH, CHIEF BRADFORD RIGHT NEXT TO SALLY.
UM, ARE THERE ANY OTHER ELECTED OFFICIALS HERE IN THE ROOM TONIGHT? OKAY, WELL, I'M SO HAPPY TO BE ABLE TO BE HERE AND DO THIS FOR Y'ALL.
YOU KNOW, A LITTLE BIT ABOUT ME.
UH, FOR THOSE OF YOU THAT HAVEN'T MET ME, MY NAME IS MARYANNE HUFFMAN AND I WAS A RECENTLY ELECTED IN FEBRUARY TO TAKE GREG TRAVIS'S PLACE.
UM, BEFORE, UM, ALL OF THAT, I WAS A PROSECUTOR FOR 10 YEARS.
WHEN I LEFT THE DA'S OFFICE, I WAS THE CHIEF OF CHILD EXPLOITATION INTERNET CRIMES AGAINST CHILDREN.
CHILD TRAFFICKING WAS KIND OF MY SPECIALTY.
CURRENTLY, I'M AN ATTORNEY FOR THE HOUSTON POLICE OFFICERS UNION, SO I GO OUT ON OFFICER INVOLVED SHOOTINGS AND CUSTODY DEATHS, AND I GET TO HELP DEFEND HPD ON A DAILY BASIS.
AND MOST RECENTLY NOW I HAVE JOINED CITY COUNCIL AND I FEEL VERY GRATEFUL THAT GREG TRAVIS'S STAFF HAS STAYED WITH ME THROUGH THE TRANSITION.
SO IF YOU'RE USED TO REACHING OUT TO, UH, KATIE SHELTON, JAMES RAINS, RACHEL MAXEY, ALL OF THOSE CONTACTS REMAIN THE SAME.
YOU CAN CONTACT THEM, UM, ON THEIR EMAIL ADDRESSES.
AND AGAIN, OUR DISTRICT G EMAIL ADDRESS IS ALSO THE SAME.
SO PLEASE KEEP REACHING OUT TO US.
IF YOU HAVE A HOMEOWNERS ASSOCIATION MEETING THAT YOU WOULD LIKE, UM, US TO COME TO, WE'D BE HAPPY TO.
SO JUST LET US KNOW WHEN IT IS, AND WE'RE TRYING TO MAKE ALL OF 'EM, I THINK SO FAR SINCE MARCH 1ST, I THINK WE'VE BEEN TO 26 HOA OR SUPER NEIGHBORHOOD MEETINGS, SO WE ARE JUST ROLLING ALONG.
SO I WANNA INTRODUCE EACH OF THE JUDGES TO YOU TONIGHT, AND THANK Y'ALL SO MUCH FOR COMING.
UM, COLLEEN GIDO WAS OUR FIFTH JUDGE THAT RSVP'D, AND SHE'S IN A JURY TRIAL RIGHT NOW.
AND THEY WERE GETTING CLOSE TO THE END AND SHE ASKED THE JURORS IF THEY WANTED TO PLUG ON THROUGH THE NIGHT OR IF THEY WANTED TO RESET AND COME BACK.
AND, UM, THE JURORS WANTED TO GO AHEAD AND GO FORWARD.
SO IF AT SOME POINT SHE SHOWS UP HERE TONIGHT, YOU'LL GET TO HEAR FROM HER.
UH, IF NOT, I'M SURE THAT THESE JUDGES WILL BE ABLE TO KIND OF REARRANGE AND ANSWER SOME OF THE QUESTIONS THAT WE HAD PLANNED FOR HER.
SO FIRST WE HAVE JUDGE CHRIS MORTON.
HE'S THE JUDGE OF THE TWO 30TH DISTRICT COURT.
PRIOR TO BECOMING JUDGE, HE SERVED AS A PROSECUTOR IN HARRIS COUNTY AND AS A CRIMINAL DEFENSE ATTORNEY.
HE CURRENTLY TEACHES TRIAL ADVOCACY AT THE UNIVERSITY OF HOUSTON LAW CENTER.
CHRIS, THE SECOND JUDGE WE HAVE UP FOR TONIGHT IS JUDGE HILLARY UNGER.
SHE WAS BORN AND RAISED IN MIAMI BEACH, FLORIDA, AND AFTER THE BIRTH OF HER FIRST CHILD, SHE MOVED TO HOUSTON IN 2007 TO BE CLOSER TO HER FAMILY.
SHE'S A GRADUATE OF THE UNIVERSITY OF FLORIDA COLLEGE OF LAW.
HER BROAD RANGE OF EXPERIENCE AFFORDS HER AN IMPARTIAL PERSPECTIVE, ALLOWING HER TO VIEW CASES WITHOUT BIAS.
HER EXTREMELY HIGH CODE OF MORAL ETHICAL VALUES IS SUPPORTED BY HER YEARS AS AN ASSISTANT DISTRICT ATTORNEY, AS A PUBLIC DEFENDER, AND AS A PRIVATE ATTORNEY IN BOTH NEW YORK AND TEXAS, WHERE SHE DEDICATED HER TIME AND PASSION TO HELPING ECONOMICALLY DISADVANTAGED CLIENTS.
HILLARY'S FATHER WAS A PROUD MEMBER OF THE IBEW, WHILE HER GRANDFATHER WAS AN ORGANIZER FOR THE IBEW ACROSS THE SOUTH.
HILLARY'S GRANDMOTHER WAS A DEMOCRATIC PARTY CHAIR IN FLORIDA, AND HILLARY CONTINUES THE FAMILY TRADITION OF CIVIC INVOLVEMENT.
AS A FORMER MEMBER OF THE ASSOCIATION OF LEGAL AID ATTORNEYS, SHE WALKED PICKET LINES WITH HER FELLOW UNION MEMBERS.
SHE WAS A LEGAL OBSERVER FOR THE ACL U, A MEMBER OF NUMEROUS DEMOCRATIC ORGANIZATIONS, A VOLUNTEER DEPUTY REGISTRAR AND HAS CANVAS NEIGHBORHOODS, ATTENDED PHONE BANKS AND VOLUNTEERED FOR VARIOUS POLITICAL CAMPAIGNS.
IN 2016 AND 17, SHE PARTICIPATED IN THE WOMEN'S MARCH AND PROTESTED AT TEXAS A AND M WHEN A WHITE SUPREMACIST PRESENTED HIS NATIONALIST AGENDA TO STUDENTS.
HILLARY'S PROUD OF HER DAUGHTER, MARI AND SON PRESTON, WHO EAGERLY ATTEND MEETINGS, PARADES, MARCHES, PHONE BANKS, BLOCK WALKS FOR VARIOUS ORGANIZATIONS.
HILLARY AND HER FAMILY ATTEND SERVICES AT CONGREGATION.
OKAY, YOU'RE GONNA HAVE TO HELP ME WITH SHMA ANO SHMA ANO IN HOUSTON, TEXAS, UM, AS A JUDGE, JUDGE UNGER HAS BEEN
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THE CHAIR OF THE FAIR DEFENSE MANAGEMENT COMMITTEE, WHERE SHE WORKED TO IMPROVE THE QUALITY OF INDIGENT DEFENSE IN HARRIS COUNTY, AND WHERE SHE ALSO INITIATED A PILOT PROGRAM TO SEAMLESSLY APPOINT THE PUBLIC DEFENDER TO REPRESENT INDIGENT DEFENDANTS.HILLARY UNGER CURRENTLY SERVES AS A CO-CHAIR OF THE COMMUNITY SUPERVISION AND PRETRIAL SERVICES STANDING COMMITTEE.
HARRIS COUNTY NEEDS STRONG LEADERSHIP THAT CAN FAIRLY ADMINISTER EQUAL AND IMPARTIAL JUSTICE WITH COMPASSION FOR ALL.
OKAY, OUR NEXT JUDGE UP IS JUDGE AMY MARTIN.
SHE'S MARRIED TO COMMANDER BECKER FROM HPD.
IS HE IN HERE? IS HE IN HERE? COMMANDER.
IN THE BACK HE'S WAVING JUDGE AMY MARTIN.
UM, SHE EARNED BACHELOR DEGREES IN PSYCHOLOGY AND SOCIOLOGY FROM WESLEYAN UNIVERSITY IN MIDDLETOWN, CONNECTICUT.
SHE RETURNED HOME TO HOUSTON AND WORKED AT THE MONTGOMERY COUNTY WOMEN'S CENTER AS A LEGAL ADVOCATE FOR SURVIVORS OF DOMESTIC VIOLENCE AND SEXUAL ASSAULT.
AFTER GRADUATING FROM THE UNIVERSITY OF TEXAS SCHOOL OF LAW IN AUSTIN, SHE SERVED AS A BRIEFING ATTORNEY TO THE HONORABLE CHERYL JOHNSON AT THE TEXAS COURT OF CRIMINAL APPEALS.
THAT'S THE HIGHEST CRIMINAL COURT IN TEXAS.
IN 2005, JUDGE MARTIN OPENED A PRIVATE LAW PRACTICE, INITIALLY HANDLING A VARIETY OF CASES, INCLUDING OIL AND GAS, BANKING, LANDLORD, TENANT, CRIMINAL CASES, AND FAMILY MATTERS.
BUT SHE QUICKLY FOCUSED EXCLUSIVELY ON REPRESENTING INDIGENT CITIZENS ACCUSED AND CONVICTED OF FELONIES, INCLUDING INDIVIDUALS CHARGED WITH CAPITAL MURDER.
JUDGE MARTIN WAS ELECTED IN 2018 OVERSEAS A DOCKET OF ABOUT 1800 FELONY CRIMINAL CASES.
IN ADDITION TO HER REGULAR DUTIES, SHE ALSO SERVES ON SEVERAL COMMITTEES, INCLUDING THE COMMITTEE RESPONSIBLE FOR THE HIRING AND TERMINATION OF THE HARRIS COUNTY MAGISTRATES, AS WELL AS THE ASSOCIATE JUDGES HIRING COMMITTEE, THE GROUP THAT'S RESPONSIBLE FOR CREATING THE STANDARDS APPLICATION PROCESS, AND SUPERVISORY PLAN FOR THE NEWLY CREATED POSITIONS OF ASSOCIATE JUDGE.
IN 2019, THE PRESIDING JUDGE OF THE TEXAS COURT OF CRIMINAL APPEALS APPOINTED JUDGE MARTIN AS THE SOLE DISTRICT JUDGE AUTHORIZED TO CONSIDER APPLICATIONS FOR INTERCEPTION ORDERS, WHICH ARE COMMONLY KNOWN AS WIRETAPS FOR THE 11TH ADMINISTRATIVE JUDICIAL REGION, WHICH CONSISTS OF HARRIS COUNTY, FORT BEND, WHARTON, MATAGORDA, BRAZORIA, GALVESTON COUNTIES.
JUDGE MARTIN CONTINUES TO LIVE IN SOUTHWEST HOUSTON.
SHE'S A DISTRICT G RESIDENT, UM, WITH HER HUSBAND AND THEIR DOGS.
AND THEN FINALLY WE HAVE JUDGE MARITZA ANTU.
JUDGE ANTU IS A NATIVE, IS A NATIVE TEXAN.
SHE'S THE JUDGE OF THE FOUR 82ND CRIMINAL DISTRICT COURT.
THE FOUR 82ND WAS CREATED BY THE LEGISLATURE ON SEPTEMBER 1ST, 2021, AND JUDGE ANTU WAS APPOINTED BY GOVERNOR GREG ABBOTT TO BE THE FIRST JUDGE OF THE COURT.
JUDGE ANTU IS A 17 YEAR CRIMINAL LAWYER.
SHE WAS A TOUGH ON CRIME PROSECUTOR FOR 12 YEARS, SUCCESSFULLY SECURING CONVICTIONS IN OVER 75 JURY TRIALS AGAINST DEFENDANTS CHARGED WITH VIOLENT CRIMES SUCH AS CAPITAL MURDER, MURDERS, SEXUAL ASSAULT OF CHILDREN, AND ROBBERIES.
IN 2017, JUDGE ANTU STARTED HER OWN LAW PRACTICE, PRIMARILY DEFENDING PEOPLE IN THE DRUG COURT PROGRAM.
IN THE FIVE MONTHS SHE SERVED, SHE HAS CLEARED NEARLY 900 BACKLOGGED CASES AND HAS ALREADY PRESIDED OVER SIX JURY TRIALS.
JUDGE ANTU IS THE REPUBLICAN NOMINEE ON THE NOVEMBER BALLOT, AND SHE'S MARRIED TO HER LAW SCHOOL SWEETHEART.
FEDERAL PROSECUTOR, MATTHEW PENGA PEN PINY.
UM, AND THEY HAVE TWO YOUNG CHILDREN AND THEY ATTEND ST.
AND FINALLY, FOR YOUR PLEASURE TONIGHT, MARIO GARZA.
HE'S THE PRESIDENT OF THE PROFESSIONAL BONDSMAN OF HARRIS COUNTY ASSOCIATION.
UH, MARIO GARZA WAS BORN IN HOUSTON, RAISED IN PASADENA, ATTENDED AND GRADUATED DEER PARK HIGH SCHOOL.
UM, HE ATTENDED THE HOUSTON COMMUNITY COLLEGE EAST SIDE CAMPUS.
UH, HE BEGAN WORKING IN THE LEGAL PROFESSION IN 1993 AT THE LAW FIRM OF VINCENT AND ELKINS AS A GENERAL OFFICE CLERK.
THE NEXT 13 YEARS WERE SPENT WORKING AS APP PARALEGAL OR A LEGAL ASSISTANT IN SOME OF THE MAJOR LAW FIRMS ACROSS HOUSTON.
IN 2004, HE BEGAN HIS TRANSITION OUT OF THE LEGAL PROFESSION BY WORKING IN THE BAIL BONDING INDUSTRY AS A BAIL AGENT.
THE NEXT THREE YEARS, HE WORKED AS A PARALEGAL DURING THE DAY AND WORKED AS A BAIL BONDING AGENT.
IN THE EVENING, THE REAL WORLD EXPERIENCE AND LEGAL SKILLS OBTAINED THROUGHOUT HIS CAREER MADE THE BAIL BONDING PROFESSION A PERFECT FIT.
IN 2007, HE OBTAINED HIS BAIL BONDING LICENSE AND ESTABLISHED FIRST ADVANTAGE BAIL BONDS.
IN 2019, HIS COLLEAGUES SAW FIT TO ELECT HIM AS PRESIDENT OF THE PROFESSIONAL BONDSMAN OF THE HARRIS COUNTY ASSOCIATION.
BEING THE PRESIDENT OF THEIR ASSOCIATION IS AT SUCH A TUMULTUOUS TIME RIGHT NOW, HAS GIVEN HIM BOTH THE STRENGTH AND ABILITY TO RISE TO THE OCCASION WHEN NEEDED.
AS RECENTLY AS MARCH, 2022, HE WAS ELECTED TO
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THE HARRIS COUNTY BAIL BOND BOARD AS THE BAIL BONDSMAN REPRESENTATIVE.UM, A NEW ENDEAVOR TO LEARN AND EXPAND AND COMPLEX LEGAL ISSUES AND TO FIND SOLUTIONS IN REGARD TO THE PLACE THE BAIL BONDING COMMUNITY PLAYS IN THE CRIMINAL JUSTICE SYSTEM.
UM, I KINDA WANNA START WITH, THERE'S A MICROPHONE ON EACH SIDE.
WOULD IT BE BETTER TO PASS IT DOWN? SURE.
UM, I'D LIKE EACH JUDGE TO KIND OF JUST DESCRIBE THEIR, UH, JUDICIAL PHILOSOPHY.
MY JUDICIAL PHILOSOPHY IS THREE PARTS.
FIRST, A JUDGE HAS TO BE NEUTRAL, AND WHAT THAT MEANS IS I DON'T PICK SIDES.
I DON'T, I DON'T DO THE JOB FOR THE STATE.
I DON'T DO THE JOB FOR THE DEFENSE.
I REMAIN NEUTRAL THE WHOLE TIME.
A SECOND PRONG IS NOT INTERFERENCE.
I DON'T INTERFERE WITH HOW THE PARTIES HANDLE THEIR CASES.
I HAVE TO RELY UPON THE DISTRICT ATTORNEY THAT THEY KNOW WHAT THEY'RE DOING AND ALSO THAT THE DEFENSE ATTORNEYS KNOW WHAT THEY'RE DOING AS WELL.
I DON'T HAVE VISIBILITY TO OFFENSE REPORTS, THE STRENGTHS OR WEAKNESSES OF CASES.
SO I HAVE TO RELY UPON THEM DOING THEIR JOB.
AND I THINK IT'S INCUMBENT UPON THE JU JUDGE NOT TO INTERFERE WITH THAT, BECAUSE LET THE PEOPLE WHO KNOW THEIR CASE BEST WORK THEIR CASE.
AND THIRDLY, IT'S STILL APPLY THE LAW.
A LOT OF PEOPLE REFER TO THAT AS CALLING BALLS AND STRIKES.
IT'S A LITTLE MORE NUANCED THAN THAT.
AND THAT MEANS APPLYING ALL OF THE LAW TO EVERY SITUATION, NOT JUST PIECES OF IT.
UH, REGARDLESS OF WHAT THE OUTCOME IS, I MEAN, THE LAW DETERMINES WHAT THE OUTCOMES ARE.
SOMETIMES THAT'S GOING TO BE UNPOPULAR.
AS A JUDGE, I HAVE TO RELY UPON THE LAW, NOT THE OUTCOME THAT I WANT.
OTHERWISE, WE'D BE AN ACTIVIST JUDGE, AND THAT'S SOMETHING I'VE PROMISED I WILL NEVER BE.
SO, JUST, JUST TO FOLLOW UP REAL QUICK, JUDGE MORTON, YOU MENTIONED THAT YOU KNOW, YOU DON'T RECEIVE OFFENSE REPORTS.
UM, WHAT DO YOU KNOW ABOUT A CASE WHEN IT'S ASSIGNED TO THE COURT OR WHENEVER YOU'RE, UM, YOU KNOW, WHENEVER THE ATTORNEYS ARE CONDUCTING PLEA BARGAINS? WHAT DO YOU KNOW ABOUT THE CASE? IS? UH, WHAT, WHAT I KNOW IS, IS BASICALLY ONE, I KNOW WHAT THE CHARGE WITH, I KNOW WHAT THEIR NAME IS, I KNOW WHAT'S ON THE INDICTMENT.
UH, AND THAT IS THE BARE BONES OF THE CASE.
THAT'S THE ELEMENTS THAT HAVE TO BE PROVEN BY THE STATE.
UM, THERE ARE TIMES WHEN WE HAVE HEARINGS, I'LL LEARN MORE ABOUT THE CASE, BUT I ONLY KNOW THE EVIDENCE THAT'S BROUGHT TO ME BY PROSECUTORS OR BY THE DEFENSE ATTORNEYS.
AND THAT'S NEVER DONE ABSENT THE OTHER PARTY.
ANYTIME A PROSECUTOR'S BRINGING EVIDENCE TO ME, THERE'S THE DEFENSE ATTORNEY STANDING RIGHT THERE WITH THEM.
ANYTIME THE DEFENSE ATTORNEY BRINGS EVIDENCE, THE PROSECUTOR'S STANDING RIGHT THERE WITH THEM.
I ONLY KNOW WHAT IS BROUGHT BEFORE ME.
AND THAT'S, THAT'S JUST THE NATURE OF BEING A JUDGE.
WHETHER IT'S A CRIMINAL JUDGE, CIVIL JUDGE, FAMILY JUDGE, OR ANY OTHER KIND OF JUDGE, WE ONLY KNOW THE EVIDENCE THAT'S BROUGHT BEFORE US.
WE DON'T GET TO DIG INTO THAT OURSELVES.
UM, MY NAME IS HILARY GER AND BEFORE I BEGIN, I JUST WANNA SAY THANK YOU VERY MUCH FOR INVITING ME HERE.
UM, AND I'VE BEEN HERE BEFORE.
MY FIANCE IS A MEMBER OF THIS PARISH, AND I'VE ALWAYS FELT WELCOME AND THANK YOU VERY MUCH FOR HAVING US.
UH, AS FAR AS MY JUDICIAL PHILOSOPHY, BASICALLY IT'S WHAT HE SAID, AND I THINK YOU'RE GONNA GET THIS ALL THE WAY DOWN THE ROAD.
A JUDGE NEEDS TO LOOK AT THE FACTS AND LEARN ABOUT THE FACTS IN THE CASE, APPLY THE LAW AND BE NEUTRAL.
AND THERE'S A SAYING, AS I SAID, I JEWISH, I BELONG TO TEMPLE KNU, EK EK
AND THAT IS WHAT I'VE TRIED TO DO EVERY SINGLE DAY.
BUT I DO THINK THAT AS LOCAL DISTRICT JUDGES, THAT WE HAVE A UNIQUE OPPORTUNITY TO CHANGE LIVES AND TO AFFECT PEOPLE'S FUTURES.
WE HAVE A UNIQUE OPPORTUNITY TO HAVE, TRY TO GET PEOPLE TO REDEEM THEMSELVES.
AND THAT IS WHY FROM THE MOMENT PEOPLE COME INTO MY COURT, IF THEY HAVE MENTAL HEALTH PROBLEMS, I MAKE SURE THEY GET ON THEIR MEDICATION AND THEY SEEK TREATMENT.
I MAKE SURE THAT EACH AND EVERY TIME THEY GO TO PRETRIAL AND THEY MEET WITH PEOPLE, THAT THEY SHOW THAT THEY HAVE A CURRENT PRESCRIPTION FOR THEIR MEDICATION.
I MAKE SURE THAT WHEN PEOPLE HAVE ADDICTION, ADDICTION PROBLEMS, THAT THEY GO TO THE COUNCIL FOR RECOVERY AND THEY ADDRESS THAT HOMELESSNESS.
EVERYTHING THAT WE CAN THINK OF TO ADDRESS EARLY ON WHEN SOMEBODY IS OUT ON BOND, WE NEED TO DO THAT.
AND 'CAUSE WHEN WE DEAL WITH REDEMPTION AND WE DEAL WITH PEOPLE'S PROBLEMS, WE REDUCE RECIDIVISM AND IT IS BETTER FOR THE PEOPLE IN THIS COUNTY.
I WILL SAY DITTO TO WHAT JUDGE MORTON SAID.
UM, THERE'S A COUPLE OF THINGS THAT I WOULD ADD.
IN ADDITION TO BEING THE NEUTRAL ARBITER AND LISTENING TO THE PARTY'S CASE AS THEY PRESENT IT, I THINK ONE OF THE OBLIGATIONS OF A JUDGE IS TO BE INVOLVED IN THE ADMINISTRATION OF JUSTICE IN HARRIS COUNTY.
THERE'S A LOT OF COMMITTEES, THERE'S A LOT OF
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MOVING PARTS IN HARRIS COUNTY, AND I THINK IT IS PART OF OUR JOB TO ATTEND MEETINGS, TO BE PART OF BRAINSTORMING SESSIONS.I ALSO THINK THAT WE NEED TO BE STEWARDS OF THE RESOURCES OF THE COMMUNITY.
EVERYTHING IN THE HARRIS COUNTY CRIMINAL JUSTICE SYSTEM IS PAID FOR WITH TAXPAYER DOLLARS, YOUR MONEY, MY MONEY.
I THINK THAT IS A HUGE PART OF THE RESPONSIBILITY OF A JUDGE.
AND ALSO TO REMAIN INDEPENDENT, INDEPENDENT OF MY PERSONAL THOUGHTS OF THE LAW.
I MAY NOT AGREE WITH WHAT THE LAW IS, BUT I HAVE TO FOLLOW IT.
AND DEFINITELY INDEPENDENT OF ANY POLITICAL PRESSURE.
I CONSIDER MYSELF TO BE A CONSERVATIVE JUDGE WHO FOLLOWS THE RULE OF LAW.
AND I DON'T BELIEVE THAT THE BENCH IS A PLACE TO SEEK POLITICAL OR SOCIAL CHANGE.
I STRONGLY FEEL AND BELIEVE THAT AS A PUBLIC SERVANT, MY JOB IS TO SERVE THE COMMUNITY, THE PEOPLE WHO WILL PUT ME ON THIS BENCH, UM, FAIRLY EFFICIENTLY AND DECISIVELY.
I STRIVE TO DO THAT EVERY SINGLE DAY.
AND LET ME TELL YOU, IT'S NOT EASY.
UM, BUT EVERY DAY I PUT ON THAT BLACK ROBE AND I THINK OF WHAT MY ROLE IS.
AND MY ROLE IS TO BE INDEPENDENT, TO FOLLOW THE RULE OF LAW AS IT IS WRITTEN AND TO WORK TIRELESSLY FOR YOU, THE PEOPLE OF MY COMMUNITY.
SO OUR NEXT QUESTION IS FOR MR. GARZA.
AND THIS QUESTION IS A LITTLE BIT DIFFERENT.
YOU DON'T HAVE, YOU DON'T HAVE TO TALK ABOUT YOUR JUDICIAL PHILOSOPHY.
WELL, WHAT ARE SOME OF THE COMMON MISCONCEPTIONS THAT, UM, OR THE PUBLIC PERCEPTION ABOUT BONDSMEN? ARE THERE ANY MYTHS YOU KIND OF WANNA DISPEL? UM, THE, THE COMMON MISCONCEPTION IS THAT UNFORTUNATELY, YOU KNOW, OUR BELL IS NOT SOMETHING THAT'S TALKED ABOUT AT THE KITCHEN, YOU KNOW, DINNER TABLE AT, UM, YOU KNOW, IT COMES UP WHEN PEOPLE NEED US.
UM, AND THEN UNFORTUNATELY WHEN THEY DO, THEN THEY BECOME AWARE OF EXACTLY HOW BAIL BONDS WORK AND THE RISK ASSESSMENT THAT BONDSMEN GO THROUGH.
UM, PEOPLE TEND TO FOCUS ON THE 10%.
THEY DON'T REALIZE THE A HUNDRED PERCENT RISKS THAT THE BONDSMAN IS OUT, OR, UM, THE RISK THAT WE TAKE TO BOND SOMEBODY OUT, WHETHER IT'S WITHOUT COLLATERAL, UM, SEVERAL CO-SIGNERS.
THERE'S A FAMILY SOCIAL COMPONENT THAT'S WORKING THERE, DYNAMIC THAT, UH, KEEPS DEFENDANTS FROM GOING, KEEPS THEM TO GO TO COURT APPEAR, WHICH IS WHAT WE ALL WANT IN THE CRIMINAL JUSTICE SYSTEM.
OUR REASONS MIGHT BE DIFFERENT, BUT WE ALL WANT THE SAME THING.
WE WANT THE DEFENDANT TO APPEAR.
AND THAT'S OUR COMMONALITY WITH JUDGES IN COURT.
SINCE THAT, UH, OUR REASONS MIGHT BE DIFFERENT, THE JUDGE MAY WANT IT TO, YOU KNOW, GET ANOTHER CASE OFF THE DOCKET.
WE WANT IT TO CLEAR OUR LIABILITY.
THE VICTIM WANTS THE DEFENDANT TO APPEAR FOR HER JUSTICE.
SO ALL THESE THINGS WORK TOGETHER.
AND, UH, THAT'S THE MISCONCEPTION IS THAT THEY DON'T UNDERSTAND THAT.
THE MISCONCEPTION IS THAT THE 10% IS NOT THE FOCUS, THE OVERALL VALUE, THE FACE VALUE OF THE BOND IS WHAT WE HELP THEM UNDERSTAND.
AND THEN WHEN PEOPLE GO, THE LIGHT BULB GOES OFF AND GOES, OH, BY THE WAY, UH, I DIDN'T KNOW YOU WERE, UH, I DIDN'T KNOW YOU WERE RESPONSIBLE FOR THE WHOLE A HUNDRED PERCENT OF THE BOND.
AND THEN THEY UNDERSTAND THAT THERE'S A RISK FACTOR AND WHICH IS WHY WE'RE A LITTLE MORE, SOME OF US ARE TIGHTER WITH OUR UNDERWRITING.
SO JUST FOR PEOPLE OUT IN THE AUDIENCE THAT DON'T REALLY KNOW HOW THE BAIL SYSTEMS WORK OR THEY'VE NEVER HAD TO POST A BAIL THEMSELVES, WILL YOU KIND OF JUST GIVE A A A SHORT EXPLANATION OF HOW THAT PROCESS WORKS? YOU KNOW, SOMEBODY GETS ARRESTED, THEY GET CHARGED WITH A CRIME, A BAIL IS SET, AND THEN WHAT HAPPENS? SO AN EXAMPLE, SAY FOR INSTANCE, UH, A FAMILY MEMBER, UH, I DON'T KNOW, CATCHES THEIR THIRD DWI, THAT'S A FELONY.
UH, LET'S SAY THEY MAKE THAT BOND $20,000.
UM, YOU KNOW, FOR PEOPLE THAT DON'T HAVE $20,000, THEY CAN CALL A BAIL BONDSMAN.
WE'RE GONNA ASK YOU SOME GENERAL QUESTIONS.
UH, WHO'S THE PERSON IN JAIL? WELL, THAT'S MY SON.
WHERE DOES YOUR SON LIVE? WELL, HE LIVES WITH ME.
HOW LONG HAS HE LIVED THERE? WELL, YOU KNOW, HE'S LIVED, HE MOVED BACK HOME AFTER LOSING HIS JOB, WHATNOT.
UM, SO WE ASKED SOME PRE-QUAL SOME QUESTIONS TO PRE-QUALIFY YOU, AND THEN WE ASK YOU ABOUT THE 10%.
WELL, UM, YOU KNOW, I HAVE IT.
AND SO WHEN YOU MENTION, YOU'RE MENTIONING THE 10%, THE 10% OF WHAT? $20,000.
SO THAT'S WHAT SOMEBODY WOULD HAVE TO PUT UP IN ORDER TO, FOR YOU TO SIGN ON TO THEIR CORRECT.
IN LIEU OF HAVING, IN A, IN A PERFECT WORLD, A FAMILY WOULD HAVE $20,000.
THEY COULD GO DOWN THE JAIL AND SAY, YOU KNOW, MR. BONDSMAN, I DON'T NEED YOU.
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OF PEOPLE, THEY DON'T HAVE THAT.SO WHAT WE'RE DOING IS WE'RE SAYING, FOR THE 10%, YOU COME ON DOWN THE BONDMAN, THE BONDSMAN IS GOING TO POST THE BOND WITH THE JAIL THAT SAYS $20,000 ON IT.
SO THEY'VE PAID THEIR 10%, WE GET THE DEFENDANT OUT, MOM AND DAD HAVE CO-SIGNED FOR THE BOND.
THEY'RE SAYING IF, YOU KNOW, JUNIOR DOESN'T GO TO COURT AND RUNS AWAY TO ANOTHER COUNTRY, UH, THEY'RE GONNA BE LIABLE AS WELL AS THE BONDSMAN.
UM, SO THAT'S HOW IT WORKS TOGETHER.
UM, SO IF SOMEBODY, SO SAY, YOU KNOW, NOBODY CALLS THEIR MOM OR DAD AND THE SUSPECT THEMSELVES OR THE ACCUSED IS IN JAIL AND THEY DECIDE, OKAY, I I I WANNA POST MY OWN BOND AND THERE'S NOBODY TO CO-SIGN.
SO THEY PAY THE 10%, ARE YOU STILL WILLING TO GET ON A BOND THAT WAY? WELL, THE, THE PART ABOUT THAT IS THAT THEY DON'T EVEN HAVE ACCESS TO THEIR OWN MONEY.
SO THERE'S AN ACCESSIBILITY ISSUE THAT HE, HE'S NOT HOLDING HIS CREDIT CARD ON HIM, UH, TO PAY OVER THE PHONE OR ANYTHING LIKE THAT.
BUT GENERALLY, BONDSMAN WANT THE SECURITY OF SOMEBODY TO SIGN ANYWAY.
WE DON'T WANT TO JUST TAKE THE 10% AND BOND THIS PERSON OUT, AND THEN THEY NEVER COME AND CHECK IN AGAIN.
SO WHAT HAPPENS IF SOMEBODY BONDS OUT AND THEY NEVER COME BACK TO COURT? UM, IN THAT SITUATION BEING IT'S A FELONY, UH, THE BONDSMAN HAS NINE MONTHS TO HAVE THEM, UH, RE UM, RETURNED AND JAILED OTHERWISE, UM, WE ARE ON THE HOOK FOR THE WHOLE 20.
WE HAVE TO WRITE A CHECK TO THE COUNTY FOR $20,000.
SO IS THAT WHERE DOG, THE BATTY HUNTER COMES IN? YEAH, WE EMPLOY FUGITIVE RECOVERY.
AND, AND AGAIN, TO NOTE WHAT YOU JUST SAID, OFTENTIMES FUGITIVE RECOVERY AGENTS CHARGE US THE 10% OF THE BOND.
SO THAT HAS TO GO BACK TO, SO WE'RE KIND OF BREAK, WE'RE BREAKING EVEN, OR WE'RE NOT EVEN, WE'RE NOT EVEN MAKING A PROFIT AT THAT POINT.
BUT IN THE SCHEME OF THE WHOLE BOND BONDING, UH, ISSUE, WE SEE IT AS, WELL, WE'RE NOT LOSING 20, SO LET'S GO AHEAD AND PAY THIS BOUNTY HUNTER HAVING PICKED UP, JAILED.
WE DIDN'T MAKE ANYTHING, BUT WE CAN LIVE WITH THAT AND MOVE ON.
NOW ALSO, THERE'S A, ANOTHER THING THAT, UH, WE'RE BEING CHARGED INTEREST EVERY TIME, EVERY DAY.
THE DEFENDANT'S OUT OF, OUT ON THAT WARRANT.
UH, THERE'S FUGITIVE RECOVERY COSTS.
IF HE'S BROUGHT BACK FROM ANOTHER COUNTY OR ANOTHER STATE, WE PAY FOR THAT.
WE GET A BILL FROM THE COUNTY.
SO WE COULD ACTUALLY GO IN, IN THE HOLE A LITTLE BIT.
SO IF, UM, SOMEBODY PAYS THE 10% YOU GET ON THE BOND, THEY GO TO COURT LIKE THEY'RE SUPPOSED TO, THE CASE IS EVENTUALLY DISPOSED.
DOES THE PERSON GET THAT 10% BACK OR THAT IS THE, THE FEE THAT THE BOND'S BEEN, THAT'S CONSIDERED A PREMIUM.
SO IF A PERSON JUST WENT IN AND HAD $20,000 IN CASH AND HANDED IT OVER TO MAKE BOND, IF THE CASE WAS DISPOSED, WOULD THEY GET ALL 20,000 BACK? CORRECT.
THEY WOULD RECEIVE THEIR MONEY BACK.
ANYTHING ELSE YOU WANT, UH, OUR AUDIENCE TO KNOW ABOUT BONDS SO FAR? UM, NO, I THINK YOU COVERED THAT.
OUR FIRST QUESTION IS FOR JUDGE MORTON.
AND WE KNOW THAT WE HAVE SEEN A RISE IN CRIME IN HARRIS COUNTY OVER THE LAST COUPLE OF YEARS.
WHAT DO YOU BELIEVE IS THE ROOT CAUSE FOR THAT CRIME SPIKE? WELL, IN ALL HONESTY, I, I CAN'T TELL YOU THAT I DO KNOW.
ALL I CAN DO SAY IS THAT I LOOK AT THE DATA, THE DATA SHOWS THAT WE DO HAVE A SHARP INCREASE OVER THE LAST COUPLE YEARS IN VIOLENT CRIME.
WE'RE STILL SEEING A DOWNWARD TREND IN PROPERTY CRIMES.
BUT THAT SAME TREND IS HAPPENING ALL OVER THE UNITED STATES.
IT'S HAPPENING IN LARGE CITIES, IT'S HAPPENING IN SMALL CITIES, IT'S HAPPENING IN RURAL AREAS, IT'S HAPPENING IN URBAN AREAS.
OUR TREND MATCHES THE NATIONAL TREND.
SO IT CAN'T BE SOMETHING THAT'S JUST HAPPENING HERE THAT JUST DOESN'T MATCH THE PATTERN.
IT HAS TO BE SOMETHING THAT'S HAPPENING NATIONWIDE.
WE LOOK AT JURISDICTIONS LIKE LUBBOCK.
WE SAW AN EVEN GREATER INCREASE IN HOMICIDES AND VIOLENT CRIMES THAN WHAT WE SAW HERE.
THEY DO NOT HAVE MISDEMEANOR BOND REFORM THERE, BUT THEY HAVE THE SAME PROBLEM.
I CAN'T SAY WHAT THE PROBLEM IS BECAUSE CORRELATION IS NOT CAUSATION JUST BECAUSE WE'RE GOING THROUGH A PANDEMIC.
I CAN'T SAY DEFINITIVELY THAT THAT IS THE CAUSE MORE ANALYSIS NEEDS TO BE DONE.
THAT'S WHAT DATA AND DATA ANALYSIS IS.
BUT JUST TO POINT OUT AT A FEW INDIVIDUAL INSTANCES AND SAY, THIS IS WHY IS INTELLECTUALLY DISHONEST.
NOW, THOSE MAY BE TRAGIC THINGS THAT OCCUR, BUT THAT IS NOT A CAUSE.
AND THOSE KIND OF THINGS THAT WE HEAR ABOUT PEOPLE GETTING OUT ON BOND, ON VIOLENT CRIMES, COMMITTING OTHER VIOLENT CRIMES WHILE THEY'RE ON BOND AND GETTING OTHER BONDS, THAT HAS BEEN HAPPENING FOR A VERY LONG TIME.
[00:25:01]
I'LL TELL YOU MY TIME AS A PROSECUTOR, I SAW IT THEN.VERY DIFFERENT KINDS OF JUDGES.
I SAW IT AS A DEFENSE ATTORNEY WITH PEOPLE I REPRESENTED VERY DIFFERENT JUDGES.
THIS IS NOT SOMETHING THAT'S NEW.
AND AS FAR AS THE CRIME RATE GOING UP, AGAIN, I CAN'T TELL YOU, I KNOW WHAT IT IS.
I THINK WE'LL KNOW ONCE WE HAVE MORE ANALYSIS DONE.
I DON'T KNOW THE NUMBERS OF THAT.
WE DON'T HAVE ACCESS TO THOSE.
THE FBI DOESN'T TRACK THEM, BUT I DO KNOW THAT WHAT'S HAPPENING HERE IS HAPPENING IN EVERY OTHER CITY AND EVERY OTHER JURISDICTION IN THE UNITED STATES.
SO WHATEVER IT IS THAT'S CAUSING IT IS HAPPENING NATIONWIDE, NOT JUST HERE IN HOUSTON.
DAS ARE LIBERAL, JUST LIKE THAT ONE LADY SAID EARLIER, DOCUMENTED SOME THERE LETTING, UH, NO BAIL BOND.
WE ALL KNOW WHAT THE PROBLEM IS HERE.
DO YOU HAVE TO GET BACK TO THE BASIC OF THE UNITED STATES TO PUT THESE PEOPLE IN JAIL BEHIND AND QUIT BEING SOFT, JUST LIKE JUDGE ANTU, JUST LIKE JUDGE ANTU.
WE ALL, WE ALL APPLY THE LAW AS WRITTEN.
WELL, I WOULD HAVE TO ASK YOU WHERE YOU GOT YOUR LAW DEGREE, BUT THAT'S A COMPLETELY DIFFERENT QUESTION.
AND, AND I APPRECIATE EVERYBODY, UM, YOU KNOW, HAVING OPINIONS.
UM, YOU KNOW, THE JUDGES CAME HERE TONIGHT TO ANSWER SOME OF MY QUESTIONS.
UM, AND SO I PLEASE ASK THAT Y'ALL BE RESPECTFUL, UH, DURING THIS, AND HERE IS A TIME TO HEAR ABOUT ALL THE DIFFERENT OPINIONS.
UM, AND THEN YOU CAN MAKE YOUR DECISION LATER, UM, WHENEVER YOU GO TO VOTE AT THE POLLS.
SO, UM, LET'S GO AHEAD AND CONTINUE.
AND, AND LIKE I WAS SAYING IN LUBBOCK WHERE WE SEE THE SAME THING, YOU DO NOT HAVE A BUNCH OF LIBERAL JUDGES THERE.
YOU HAVE A BUNCH OF CONSERVATIVE JUDGES AND THEY'RE FACING THE SAME PROBLEM.
WE ALL NEED TO STOP FIXING THE BLAME AND START FIXING PROBLEMS, AND WE NEED YOUR HELP TO DO THAT.
DO, UH, ANY OF THE OTHER JUDGES ON THE PANEL HAVE SOMETHING DIFFERENT THAT THEY WOULD LIKE TO ADD IN REGARDS TO WHY THE VIBRATE GOING? YEAH, I DON'T KNOW, BUT I HOPE SOMEONE FIGURES OUT IT NEEDS TO STOP.
BECAUSE I DON'T THINK IT'S MY FRIEND.
SOMEONE TELL MY HUSBAND TO GO PATROL BECAUSE HE GETS EMBARRASSED BY ME SOMETIMES.
UM, I I'M, I'M LEAVING THE BENCH AT THE END OF THIS YEAR.
UM, THE DEMOCRATS DECIDED I WASN'T A GOOD DEMOCRAT.
UM, I HAVE NOTHING TO TELL YOU, BUT THE TRUTH, THERE'S A LOT OF STUFF GOING ON RIGHT NOW IN THE CRIMINAL JUSTICE SYSTEM, IN THE ECONOMY, IN SCHOOLS OR MEDICAL CARE, MURDER RATES GOING UP, BUT ASSAULTS ARE GOING DOWN.
THE ONLY DIFFERENCE BETWEEN A MURDER AND ASSAULT IS IF YOU LIVE OR DIE.
IF THOSE TWO THINGS AREN'T GOING UP AND DOWN IN THE SAME, IN THE SAME WAY, THERE'S SOMETHING WRONG BECAUSE THAT'S NOT A CRIME ISSUE, THAT'S SOME OTHER KIND OF ISSUE.
I CAN ASSURE YOU THAT THOSE OF US WHO LIVE IN IN DISTRICT G PERHAPS VOTED FOR THE LOVELY COUNCILWOMAN HERE.
PEOPLE GET UPSET FOR DIFFERENT REASONS.
LIKE I SAID, I GOT SEVERAL MONTHS WHERE I DON'T HAVE TO WORRY ABOUT ANYBODY VOTING FOR ME OR NOT VOTING FOR ME.
I WOULD NEVER DO ANYTHING TO HURT MY HOME.
I WILL GET IN MY CAR TONIGHT WITH MY HUSBAND.
I WILL DRIVE HOME IN THIS DISTRICT.
I WILL SHOP TOMORROW IN THIS DISTRICT.
I LEAVE WORK AND I WILL GO VISIT FRIENDS IN THIS DISTRICT.
I CAN ASSURE YOU NOBODY IS PUTTING PEOPLE OUT ON THE STREETS THAT'S GONNA MAKE HOUSTON UNSAFE OR HARRIS COUNTY UNSAFE.
HOWEVER, WHAT, I'LL TAKE QUESTIONS, BUT DO YOU WANT ME TO LIKE, MAYBE WAIT TILL I'LL STAY AS LONG AS ANYONE WANTS TO ASK ME ANYTHING LATER TONIGHT? DO YOU WANT ME TO DO THAT? WHY DON'T WE DO THAT? SURE.
I THINK QUESTIONS AT THE END WOULD BE GREAT, AND I'M HAPPY TO STAY LIKE AS LONG AS A RED BULL CAN SLAM BACK.
OUR NEXT QUESTION IS FOR JUDGE UNGER.
UM, THERE'S A PERCEPTION THAT SOME FELONY JUDGES IN HARRIS COUNTY ARE SOFT ON CRIME.
WHY DO YOU THINK THAT PERCEPTION EXISTS? WELL MAKE SURE I GET DOWN HERE BEFORE I TRIP.
UM, FIRST OF ALL, I WANNA THANK, I WELCOME THE FACT THAT THERE IS THIS RECENT SPOTLIGHT ON BONDS, THE SPOTLIGHT THAT
[00:30:01]
DIDN'T EXIST BEFORE 2019.AND I WANNA READ SOMETHING TO YOU AT THIS TIME.
MOST TIMES THEY, THIS IS ABOUT WHAT SOMEBODY FROM, UM, I GUESS IT WAS ON, UM, BADGE AND GUN, WHICH IS THE, UM, HOUSTON POLICE OFFICERS UNIONS THEIR MAGAZINE THAT THEY COME OUT ONCE A MONTH.
IT SAYS, AND IT'S ABOUT THE JUDGES AND THE MAGISTRATES.
MOST OF THE TIME THEY SIMPLY FOLLOW A BOND SCHEDULE WITH NO THOUGHT WHATSOEVER.
THE CRIMINAL HISTORY, WHETHER THEY ARE ALREADY OUT ON BOND, THE NATURE OF THE CRIME, OR THE SERIOUS RISK THE PERSON MAY POSE TO THE COMMUNITY.
THAT'S HOW YOU GET AN AVERAGE BOND AMOUNT OF SOMEWHERE AROUND $50,000 FOR MURDER AND SUSPECTS GETTING BOND AFTER BOND AFTER BOND.
NOW, A LOT OF YOU PROBABLY LISTEN TO THAT AND THINK, WOW, THAT MIGHT BE SOMETHING THAT WAS RECENTLY WRITTEN.
BUT I AM TELLING YOU THAT THIS IS WHAT WAS WRITTEN IN 2018 BY THE PRESIDENT OF THE HOUSTON POLICE OFFICERS UNION BEFORE ANY OF US WERE ON THE BENCH.
THAT THE, THAT THE PRESIDENT OF THE HOUSTON POLICE OFFICERS UNION WAS TALKING ABOUT.
SOMETHING THAT I'M SURE YOU WERE NOT AWARE OF BECAUSE THERE WAS NOT THAT SPOTLIGHT SPOTLIGHT ON IT IN 2017, 2018.
IT WASN'T UNTIL 2019, 2020, 2021, WHEN YOU SAW THAT SPOTLIGHT.
AND I JUST WANTED TO LET YOU KNOW A FEW OTHER THINGS.
THE MORE OF STATISTICS YOU HEARD WHAT I JUST READ ABOUT, THERE USED TO BE A BOND SCHEDULE AND THAT BONDS, IT WAS NOT UNCOMMON.
IN FACT, IT WAS NORMAL THAT BONDS ON MURDERS WERE 50,000.
YET HERE WE ARE TODAY IN 20 20, 20 21, WHERE YOU HEAR NEWS ABOUT BONDS OF A HUNDRED THOUSAND, 200,000 BEING INSUFFICIENT.
BUT MIND YOU, I DON'T THINK ANY OF YOU HEARD ABOUT THE BONDS IN 2018 BEING 50,000 IS BEING INSUFFICIENT.
SO SOMETHING HAS CHANGED SINCE WE ALL GOT ON THE BENCH IN 2019, THAT THOUGH NOW THERE'S A SPOTLIGHT THAT YOU HEAR THAT THOSE BONDS ARE INSUFFICIENT.
AND I WANNA JUST TELL YOU A LITTLE BIT MORE ABOUT THE BONDS AND HOW WE SET THEM AND WHAT THEY ARE.
STATISTICALLY, THE BOND FOR MURDER, THE AVERAGE BOND FOR MURDER IN 2018 WAS A LITTLE OVER $82,000.
THE BOND IN 2019 FOR MURDER, THE AVERAGE ONE WAS A LITTLE OVER 87,000.
AND BY 2021, IT WAS UP TO OVER 119,000.
CAPITAL MURDER IN 2018 WAS ABOUT 132,000.
BY 2019, IT WAS ALMOST 138,000.
AND BY 2021 IT WAS OVER 220,000.
AND YOU ALSO, I'M SURE ALL OF YOU HAVE HEARD ABOUT BOND AFTER BOND AFTER BOND ABOUT REPEATED OFFENDERS.
NOW WE'RE GONNA GO AND TALK ABOUT THAT IN A FEW MINUTES, BUT YOU JUST HEARD THAT QUOTE FROM 2018 WHERE THE HEAD OF THE POLICE OFFICER'S UNION WAS TALKING ABOUT THAT VERY SAME THING AGAIN BEFORE ANY OF US WERE ON THE BENCH.
SO I UNDERSTAND WHY THERE IS THIS MISPERCEPTION THAT WE ARE SOFT ON CRIME, WE ARE NOT.
MAKE SURE, MAY I ADDRESS THAT QUICKLY, QUICKLY? SURE.
UM, THE 2019, AND AGAIN, THANK Y'ALL FOR BEING HERE.
IT'S JUST A FRIENDLY, UH, BUT O'DONNELL WAS FILED IN 2017.
THAT WAS THE O'DONNELL CASE THAT ALLOWED FOR MISDEMEANOR DEFENDANTS TO BE RELEASED.
THERE WAS A TEMPORARY INJUNCTION THAT WAS, THAT WAS IN EFFECT, WHICH ALLOWED IT TO COME TO 2019.
AND WHAT SHE WAS, WHAT SHE WAS STATING, A BAIL SCHEDULE, WHAT A BAIL SCHEDULE WAS, IS EVERY TIME YOU GOT IN TROUBLE, YOUR BAIL WENT UP A LITTLE BIT MORE, UH, ON MISDEMEANORS, IT WOULD, YOUR MINIMUM, YOU WOULD, FIRST TIME OFFENSE WOULD BE $500.
IF YOU GOT IN TROUBLE AGAIN, IT WOULD GO UP, UH, ANOTHER 500 AND SO ON AND SO FORTH.
SO A BAIL SCHEDULE, IF, AND FOR ALL INTENT AND PURPOSES, IT, UH, IT WAS CONSISTENT ACROSS THE BOARD.
UM, AND NOT ONLY THAT, IT CLEARED THE JAILS OUT.
IT, IT, IT EASED OVERCROWDING BECAUSE BOND PEOPLE COULD MAKE BAIL WITHOUT SEEING A MAGISTRATE.
BUT TO, TO PIN IT DOWN TO WHAT THE UNION, UH, PRESIDENT SAID IN 2019, THERE WAS ALREADY A TEMPORARY ORDER IN, IN EFFECT, WHICH ALLOWED FOR THAT TO HAPPEN, WHICH IS YOU'RE JUST SEEING A SNOWBALL EFFECT IN 2019.
AND FURTHER CONTEXT, THAT, THAT THAT ORDER DOESN'T AFFECT FELONY JUDGES.
WE ARE NOT, WE HAVE NOTHING TO DO WITH THAT.
[00:35:01]
IN FELONY COURTS.IT, IT LEADS INTO, THAT'S ACTUALLY A GOOD QUESTION.
HOW DID YOU TELL HOW WAS A, A MISDEMEANOR LAWSUIT THAT ORDER USED TO EXTEND INTO FELONIES WHEN THERE WAS NO ORDER? THE BRUSSEL CASE VERSUS HARRIS COUNTY IS PENDING.
SO HOW DID, HOW DID A A MISDEMEANOR ORDER LIKE THAT EXTEND INTO FELONIES? AND WE SEE GOB BONDS AND PR BONDS ACROSS THE BOARD FOR THE LAST FOUR YEARS.
UH, TYSON PIPKIN MOLESTED HIS OWN BROTHER, 6-YEAR-OLD BROTHER, SUPER AGGRAVATED SEXUAL ASSAULT AND WAS GIVEN A 40,000 PR BOND, $40,000 PR BOND.
CAN YOU EXPLAIN REALLY QUICK FOR THE AUDIENCE WHAT PR BOND MEANS? UM, PERSONAL RECOGNIZANCE BOND, THE, THE DEFENDANT BASICALLY, UH, PROMISES TO APPEAR ON HIS OWN.
JUDGE GIVES IT TO HIM AND SAYS, HEY, YOU PROMISE TO COME BACK.
WELL, A DOLLAR AMOUNT, UH, YES.
AND THE COUNTY CAN SUE THAT IT'S ON THERE.
YEAH, THEY CAN SUE 'EM, BUT THEY DON'T.
SO, YOU KNOW, IT'S JUST GOOD, BAD CREDIT.
SO THANK AGAIN, I KNOW THIS IS A FRIENDLY EXCHANGE AND THANK YOU.
THE NEXT QUESTION IS FOR JUDGE MARTIN.
AND THIS IS NOT A HYPOTHETICAL FROM A CASE IN YOUR COURT, BUT SAY A JUDGE, UM, SETS A BOND FOR A REPEAT VIOLENT OFFENDER.
THEY GO OUT, THEY MURDER SOMEBODY ELSE, AND THE PUBLIC'S MAD.
RIGHT? YOU KNOW, WE NEVER WANNA SEE THAT HAPPEN.
SO WHAT IS THE PROCESS? I MEAN, IS THERE, WHAT, WHAT DOES THE PUBLIC DO IF THEY DON'T APPROVE OF THE JOB? UH, THAT A, A JUDGE IS DOING? VOTE, VOTE, VOTE, VOTE.
IT'S NOT A GOOD SYSTEM, BUT IT'S THE SYSTEM THAT WE HAVE.
AND WHILE WE DO YOU LITERALLY, FOR EACH OF AWFUL ONES OF US UP HERE THAT YOU DON'T LIKE, IF YOU ARE NOT, IF YOU ARE SITTING IN HERE NOT REGISTERED TO VOTE, WHICH I FIND HARD TO BELIEVE, 'CAUSE OBVIOUSLY EVERYONE'S VERY CIVICALLY ACTIVE, IT NEEDS TO BE ON YOUR TO-DO LIST FOR TOMORROW.
YOU SHOULD NEVER BE WITHOUT A REGISTER, A CURRENT REGISTRATION TO VOTE.
WE HAVE A RUNOFF ELECTION COMING UP.
BARELY ANYONE'S GONNA VOTE IN IT.
AND I SAY THIS AS SOMEONE WHO JUST LOST MY PRIMARY, GO OUT AND VOTE.
THERE'S SOME OTHER VERY INTERESTING HISTORICAL WAYS TO GET RID OF JUDGES THAT HAVE NEVER REALLY BEEN USED.
UH, THE TEXAS HOUSE CAN PASS IMPEACHMENT ARTICLES AGAINST A JUDGE.
THE, WHICH THIS IS VERY INTERESTING, I DISCOVERED THE TEXAS SUPREME COURT.
IF 10 LAWYERS GET TOGETHER AND COME TOGETHER WITH A PETITION TO TAKE BEFORE THE TEXAS SUPREME COURT, THERE CAN BE A TRIAL HAD AGAINST A JUDGE FOR CERTAIN CIRCUMSTANCES.
THE CIRCUMSTANCES WERE WRITTEN BACK IN THE 19TH CENTURY.
IT'S, UM, LIKE LASCIVIOUS HABITS, HABITUAL DRINKING, INABILITY TO BE IMPARTIAL, AND, AND ALL OF THESE VERY ARCANE THINGS.
SO THOSE, THOSE, THOSE EXIST, THOSE MEANS EXIST.
OUR LEGISLATURE MEETS EVERY TWO YEARS.
WE'RE ELECTED FOR FOUR YEAR TERMS. WE HAVE TO DECIDE TO RUN AGAIN AFTER THREE YEARS.
YOU, YOU CAN'T GET US IMPEACHED FAST ENOUGH.
YOU'VE GOT TO GET TO THE BALLOT BOX.
AND, AND YOU HAVE TO REMEMBER THAT WE'VE GOT A PRIMARY SYSTEM.
NOT ONLY DO WE ELECT JUDGES, WE HAVE PARTISAN ELECTIONS.
SO EVERY JUDGE SITTING UP THERE HAS HAD TO BE VETTED BY SOME POLITICAL PARTY.
BUT YOU'VE GOTTA REMEMBER THAT WHEN YOU DECIDE, AM I GONNA VOTE TODAY OR AREN'T I YOU VOTE EVERY PRIMARY, EVERY GENERAL, YOU, WELL, YOU CAN ONLY VOTE IN ONE OF THE PRIMARIES, BUT EVERY TIME THERE'S A PRI VOTE IN THE RUNOFFS, UH, THERE WAS A RUNOFF.
YOU DID YOU HAVE A NO, YOU HAD A SPECIAL PEC.
NO ONE GOES TO SPECIAL ELECTIONS ANYTIME.
I I WENT TO A SPECIAL ELECTION.
ANYTIME YOU TURN ON THE NEWS AND YOU, YOU WHAT? LEMME TALK TO YOU ABOUT THAT HALL MONITOR.
NO, I'M JUST, THE NUMBER ONE THING YOU CAN DO IS VOTE.
HERE'S THE PROBLEM YOU'RE VOTING FOR A AND IN OUR CASE, THERE WERE 90 POSITIONS ON THE BALLOT.
WE HAVE THE SECOND LARGEST BALLOT IN THE COUNTRY.
AND WHO'S FIRST? I'M NOT SURE.
I DIDN'T EVEN KNOW THERE WAS ONE.
IT IS, IT IS OVERWHELMING TO THE POINT OF YOU HAVE TO WONDER IF SOMEONE ISN'T TRYING TO JUST MAKE IT DIFFICULT FOR US TO GET TO PICK OUR OWN ELECTED OFFICIALS.
FIND SOMEBODY WHO'S POLITICALLY INVOLVED.
I AM A VERY ACTIVE MEMBER OF THE LEAGUE OF WOMEN VOTERS.
EVERY ELECTED OFFICIAL GETS TO WRITE IN A LITTLE BLURB THAT GOES INTO THEIR GUIDE.
YOU CAN READ WHAT THAT ELECTED OFFICIAL HAS SAID.
YOU CAN PRINT OUT YOUR BALLOT AHEAD OF TIME.
DON'T PICK YOUR, YOUR CANDIDATES IN THE BALLOT BOX.
YOU SIT AT HOME ON THE COMPUTER SURFING OR SOMEBODY WHO'S BETTER WITH
[00:40:01]
THE TECHNOLOGY.YOU TAKE YOUR TIME AND YOU PICK WHO YOU WANT.
THEN YOU GO TO THE, YOU CAN TAKE PAPER TO THE BALLOT BOOTH.
YOU CAN TAKE YOUR PINS TO THE BALLOT BOOTH.
YOU CAN'T TAKE YOUR YOUR CELL PHONES.
SO EVERY TIME YOU GET ANGRY, EVERY TIME YOU GET UPSET, REMEMBER, AM I REGISTERED TO VOTE? LOOK AT THE ELECTION CALENDAR.
WHEN'S THE NEXT ELECTION? GO TO THE LEAGUE OF WOMEN VOTERS AND PICK OUT YOUR CANDIDATES AHEAD OF TIME TO MAKE SURE THAT WHEN YOU GET INTO THAT BOOTH, YOU PICK WHO YOU WON.
AND CAN YOU REMIND US WHEN THE RUNOFF ELECTIONS ARE? MAY 24TH, 24TH.
THE EARLY I BELIEVE BEGINS MAY 20TH.
AND IT'S A SHORT, EARLY VOTING PERIOD.
IT'S NOT THE NORMAL TWO WEEKS THAT WE TYPICALLY HAVE FOR OTHER ELECTIONS.
SO IT'S A SHORT, EARLY VOTING PERIOD.
AND THEN ELECTION DAY IS MAY 24TH.
AND IT GETS NO, IT GETS NO PUBLICITY.
YOU NEED TO FIND SOMETHING TO SIGN UP FOR TO BE REMINDED OF THESE.
THE ONLY REASON I KNOW ABOUT IT, AND PROBABLY MOST OF US KNOW ABOUT IT, IS BECAUSE SOME OF US HAVE FRIENDS AND COLLEAGUES OR SOME OF US ARE INVOLVED IN THEM.
SO WELL SAY, I DIDN'T VOTE IN THE PRIMARIES.
I DID, BUT
CAN I STILL VOTE IN THE RUNOFF ELECTION? YOU CAN.
IF YOU DID NOT VOTE IN THE PRIMARY ELECTION, IF YOU VOTED IN THE PRIMARY AND YOU WANNA VOTE IN THE RUNOFF, YOU HAVE TO VOTE IN THE SAME PARTY.
SO IF YOU VOTED DE YOU HAVE TO VOTE THEM REPUB REPUB.
BUT IF YOU DIDN'T VOTE AT ALL, YOU CAN NOW CHOOSE WHICH PRIMARY YOU WANNA VOTE FOR, YOU WANNA VOTE IN THE RUNOFF FOR.
AND THERE ARE JUDGES ON THOSE.
THERE'S AT LEAST THREE OR FOUR FELONY DISTRICT COURT JUDGES ON THAT RUNOFF BALLOT.
SO IF YOU'RE UPSET, LOOK UP THE BALLOT.
OKAY, SO THIS NEXT QUESTION WAS FOR COLLEEN GEDO WHO DIDN'T COME TODAY.
SO I'LL JUST LET ANYBODY WHO WANTS TO JUMP UP, IF, UH, YOU'D LIKE TO ANSWER JUDGE ANTU.
UM, THE CURRENT BACKLOG INCLUDES ROUGHLY 41,000 MISDEMEANORS AND 53,000 FELONIES.
WHAT ARE SOME BEST PRACTICES FOR ADDRESSING THE CURRENT BACKLOG OF THE CRIMINAL COURT CASES AND HOW, UM, HOW ARE WE GONNA TACKLE THIS BACKLOG? OKAY, SO I'M GOING TO LUMP MY OTHER QUESTION, WHICH IS ALSO REGARDING WITH THE BACKLOG.
AND I'M GONNA COMBINE IT IN TWO.
I WAS, UM, INTERVIEWED RECENTLY ABOUT MY DOCKET NUMBERS AND HOW MY DOCKET NUMBERS LOOK.
AND I TOLD THE INTERVIEWER, I SAID, SHE SAID, YOU KNOW, WHAT IS IT THAT YOU ARE DOING? AND I SAID A COUPLE THINGS.
LIKE I TOLD YOU IN THE BEGINNING, I'M WORKING TIRELESSLY, FIERCELY, AND FAIRLY.
AND THEN THE SECOND THING I DO IS I TREAT EVERYBODY IN MY COURTROOM SORT OF LIKE CHILDREN.
AND THIS IS WHAT I MEAN BY THIS.
I TELL THEM WHAT MY EXPECTATIONS ARE.
I TELL THEM WHAT THE RULES ARE, I TELL 'EM WHAT THE CONSEQUENCES ARE AND THEN I HOLD THEM ACCOUNTABLE.
I AM FROM A BORDER TOWN IN MCALLEN, TEXAS.
I WAS TAUGHT LAW AND ORDER ACCOUNTABILITY AND CONSEQUENCES.
AND IF I TELL YOU THAT YOU CANNOT DO SOMETHING IN MY COURT, YOU'RE GONNA PAY THE CONSEQUENCES BECAUSE I WARNED YOU ABOUT THAT.
I DO THIS FOR EVERYBODY IN MY COURTROOM.
I DO IT FOR PROSECUTORS, I DO IT FOR DEFENSE ATTORNEYS.
I LOOK AT MY OLDEST CASES AND I ASK THE PARTIES, PROSECUTORS, HAVE YOU TURNED OVER ALL THE EVIDENCE TO THE DEFENSE? NO.
WHY NOT? WHAT IS THE HOLDUP? WHAT IS GOING ON? I WRITE IT DOWN SO THE NEXT TIME THEY COME BACK, THEY DON'T GIMME THE EXACT SAME ANSWER.
I ALSO ASK DEFENSE ATTORNEYS, WHAT ARE YOU DOING ON THE CASE? WHAT IS GOING ON? WHAT DO YOU WANNA DO WITH IT? HERE'S ANOTHER TRICK.
MY TRIAL CASES, IF YOU SET A CASE FOR TRIAL, MY COURT, YOU GET A 30 DAY TRIAL SETTING, NOT IN 2023, IN 30 DAYS.
THIS IS AN INCENTIVE FOR ATTORNEYS TO MOVE THE CASES QUICKER AND DISPOSE OF THEM.
SO THEY CAN EITHER PLEAD THEM OR THE STATE CAN DISMISS THEM, OR THEY CAN SET IT FOR TRIAL AND THEY CAN TRY THE CASES.
IT REALLY IS ABOUT ACCOUNTABILITY.
NOW I HAVE TO DO MY LITTLE PLUGIN, OF COURSE.
'CAUSE I AM RUNNING, AFTER ALL, WHEN THE COURT STARTED SEPTEMBER 1ST, I, UM, HAD 2,444 CASES.
AND HOW DID YOU GET THOSE CASES? JUST SO WE, SO IT WAS A RANDOM SELECTION FROM THE OTHER DISTRICT COURTS.
THEY EACH GAVE UP ABOUT A HUNDRED CASES.
AND SO I HAD 2,444 CASES SEPTEMBER 1ST.
NOW I HAD, UH, JUDGE SUSAN BROWN, WHO WAS A VISITING JUDGE FOR THE FIRST MONTH AND A HALF.
AND THEN I TOOK THE BENCH ON NOVEMBER 12TH, 2021.
[00:45:01]
I HAVE REDUCED THE BACKLOG FROM 2,444 CASES TO 1,600 CASES.NOW IT TAKES A LOT OF WORK TO DO THAT.
I ALSO STARTED WITH 268 TRIALS, AND AS OF TODAY, I AM DOWN TO 61 TRIALS.
WHAT DOES THAT MEAN FOR PEOPLE? WHAT DOES THAT MEAN FOR VICTIMS? WHAT DOES THAT MEAN FOR DEFENDANTS WHO MAY NOT BE GUILTY OF A CRIME OR FOR VICTIMS WHO ARE WAITING FOR JUSTICE? THAT MEANS THAT YOU GET A QUICK RESOLUTION OF YOUR CASE IN MY COURTROOM.
THAT'S WHAT I WILL, THAT'S WHAT I PROMISE TO GIVE YOU WHEN I SERVE AS YOUR ELECTED JUDGE OF THE FOUR 82ND.
SO ACCOUNTABILITY IS INCREDIBLY IMPORTANT.
WORKING HARD AND KNOWING THAT YOU ARE TRYING CASES BECAUSE NOTHING SCARES A PROSECUTOR AND A DEFENSE ATTORNEY MORE THAN GOING TO TRIAL BECAUSE THEY KNOW THAT IF THEIR CLIENT IS NOT GUILTY, THEY HAVE THE EVIDENCE ON THEIR SIDE, THEY TRY THE CASE, AND THE PROSECUTORS KNOW THAT IF THEY CAN'T PROVE THIS CASE, THEY GOTTA DO SOMETHING ABOUT IT 'CAUSE THEY'RE GOING TO TRIAL.
I DON'T, I DON'T DO ANYTHING INAPPROPRIATE.
I JUST, I HOLD PEOPLE ACCOUNTABLE AND IT'S WORKED.
UM, OBVIOUSLY YOU ALL KNOW WE ARE ALL INDEPENDENT.
WE'RE ALL, UM, ALL OF OUR COURTS HAVE DIFFERENT NUMBERS.
THAT'S BECAUSE WE ARE INDEPENDENT PEOPLE.
AND SO I'M NOT SAYING THIS TO FOR ANY REASON OTHER THAN THIS IS HOW IT WORKS FOR ME.
THIS IS HOW IT WORKS IN MY COURT, AND I INTEND TO CONTINUE TO DO IT.
SO JUDGE ANTU, YOU MENTIONED HOW MANY CASES WERE PENDING IN YOUR COURT AND YOU SAID YOU'VE HAD SIX JURY TRIALS SINCE TAKING THE BENCH.
UH, JUDGE MORTON, HOW MANY CASES DO YOU HAVE PENDING IN YOUR COURT RIGHT NOW? I CURRENTLY HAVE 19, WELL, AS OF YESTERDAY I HAD 1,901 CASE, A LITTLE LESS THAN A THIRD OF THAT ARE IN CUSTODY.
UM, I HAVE 134% CLEARANCE RATE.
SO IT'S, IT'S STEADILY GOING DOWN.
UM, AND SINCE WE'VE BEEN ABLE TO HAVE TRIALS BACK IN OUR COURTROOMS, UH, SINCE, WELL, FOR THE FIRST TIME SINCE 2017, WE'VE TRIED SIX CASES.
AND, UH, WE, WHAT'S MORE IMPORTANT IS THE NUMBER OF CASES WE HAVE SET FOR TRIAL.
FOR INSTANCE, I HAVE 10 CASES SET FOR TRIAL TOMORROW.
UH, STARTED THE WEEK WITH ABOUT 18 SET, UH, FOR FRIDAY.
IN THIS WEEK, ABOUT HALF OF THE, UH, THE EIGHT THAT'S NOT SET FOR TRIAL TOMORROW HAVE BEEN DISMISSED.
AND THE OTHERS HAVE PLED, UM, SEEING A GREAT NUMBER OF CASES TAKEN CARE OF ON THE, THE DAY OF TRIAL BECAUSE AGAIN, JUST LIKE JUDGE ANTO SAID, THAT'S WHEN THE FEET ARE TO THE FIRE.
AND BY SETTING CASES FOR TRIAL, UH, MAKING THE ATTORNEYS MAKE THOSE HARD DECISIONS, UH, MAKING DEFENDANTS MAKE HARD DECISIONS, THAT'S WHERE THE RUBBER MEETS THE ROAD.
AND, UH, OVER THE PAST, UH, I GUESS FOUR MONTHS SINCE WE'VE BEEN FULLY BACK INTO THE, THE COURTHOUSE, UH, WE HAVE, YOU KNOW, I HAVE SEEN ABOUT HALF OF THE CASES SET FOR TRIAL DISMISSED AND THE OTHER HALF PLEAD OUT AND THAT'S PAR FOR THE COURSE, UH, THESE DAYS.
SO YOU SAID YOU HAVE ABOUT 1900 CASES PENDING IN THE COURT, AND YOU'VE HAD SIX JURY TRIALS SINCE 2017.
THAT'S, UH, WHAT DID YOU SAY THAT'S, THAT'S, THAT'S SINCE PROBABLY OCTOBER OF LAST YEAR.
YEAH, WE, BEFORE COVID, WE WERE, WE WERE DOING ABOUT 13 TO 15 TRIALS A YEAR.
UH, ONCE, UH, THE, THE COVID PANDEMIC HIT, WE NO LONGER HAD JURORS COMING DOWN.
UH, THAT DECREASED INCREDIBLY.
WE OPENED UP NRG TO, TO PICK JURIES, BUT WE WERE VERY LIMITED IN THE NUMBER OF JURIES WE HAD A LOT OF THE JUDGES, REMEMBER, THERE'S, THERE'S 23, UH, FELONY DISTRICT COURTS, 16 MISDEMEANOR COURTS, UH, 26 CIVIL COURTS, 16 FAMILY COURTS, AND THREE JUVENILE COURTS ALL COMPETING OVER THAT SAME JURY POOL.
SO IT WAS VERY DIFFICULT TO GET TO TRIAL EVEN WHEN WE WERE OPENED UP TO TRIALS BY PICKING JURIES AT, AT NRG.
RIGHT NOW, WE'RE STILL NOT AT THE CAPACITY WHERE WE CAN HAVE A FULL JURY PANEL.
I'VE HAD TO REDUCE THE JURY PANELS THAT I BRING TO ABOUT 54, UH, INDIVIDUALS TO PICK A JURY.
BUT BY, UH, STRENUOUS STRENUOUSLY FOLLOWING THE RULES FOR STRIKES, I'VE BEEN ABLE TO GET, UH, EVEN HARD CASES THAT ARE DIFFICULT TO GET JURIES FOR.
UH, I'VE BEEN ABLE TO GET JURIES AND ALTERNATES OUTTA THE THOSE 54.
ALL RIGHT, JUDGE UNGER, HOW MANY CASES DO YOU HAVE PENDING RIGHT NOW AND HOW MANY JURY TRIALS HAVE YOU HAD IN THE LAST YEAR? ALL RIGHT, AS FAR AS THE JURY TRIALS,
[00:50:01]
WE HAVE PICKED 11 JURIES.AND I'M SAYING IT THIS WAY BECAUSE WE'VE HAD EIGHT VERDICTS.
TWO OF THE JURIES, WE HAD TO STOP TWO OF THE TRIALS.
WE HAD TO STOP MID TRIAL BECAUSE SOMEBODY HAD COVID AND ONE OF THE CASES WAS DISMISSED.
SO WE PICKED 11 AND ACTUALLY TRIED TO VERDICT EIGHT, UM, WHICH IS NORMAL.
AND UNFORTUNATELY, YOU KNOW, KNOW WHEN WE WERE TALKING ABOUT, I GUESS THE INOCULATIONS FOR COVID CAME OUT MAYBE MID 21.
SO REALLY DIDN'T START, UM, TRYING A LOT OF CASES UNTIL EVERYBODY WAS FULLY INOCULATED.
I THINK ONE OF THE FIRST TRIALS THAT I HAD, I HAD A 75-YEAR-OLD ATTORNEY, AND HE SAID, LOOK, HE CAME UP AND HE'S LIKE, DO YOU MIND IF WE WAIT UNTIL AFTER I GET MY SECOND SHOT? AND OF COURSE I'M NOT GONNA SAY NO.
YOU WANT EVERYBODY TO BE HEALTHY AND SAFE.
UM, SO AS FAR AS TRIALS GO, UM, JUDGE ANTU IS A HUNDRED PERCENT CORRECT.
IN FACT, WHEN WE ARE IN TRIAL, OUR CASE CLEARANCE RATE OFTENTIMES GOES DOWN BECAUSE WE'RE NOT ABLE TO HANDLE THE CASES.
IT IS A THREAT OF THE TRIAL THAT ACTUALLY GETS THINGS MOVING A LOT FASTER.
AND I WISH WE ALL COULD TAKE A LOT MORE CREDIT FOR CASE CLEARANCE RATE, BUT IT ALSO HAS TO DO WITH THE QUALITY OF THE PROSECUTORS THAT WE'VE GOT IN OUR COURT.
IF WE'VE GOT PROSECUTORS THAT AREN'T RETURNING EMAILS AND ARE JUST SITTING THERE AND TAKING A COVID VACATION, CASES ARE GOING TO BUILD UP.
IF WE'VE GOT PROSECUTORS THAT ACTUALLY WANNA DO THEIR JOB, WHICH MOST OF THEM DO, I MEAN EVERYBODY HAS PRIDE IN THEIR JOB, THEN YOU'RE GONNA ACTUALLY MOVE MORE CASES.
AND THE OTHER QUESTION THAT YOU ASKED ME, I LAST LOOK, I HAD ABOUT 2300, 2300 CASES, ALL RIGHT.
AND JUDGE MARTIN, UM, TRIALS SINCE LAST YEAR, I HAD THE SAME PROBLEM THAT YOU WERE HAVING.
I DECIDED TO MAXIMIZE THE FUTURES I COULD GET AND HAD A CAPITAL MURDER AND TWO MAJOR MURDER CASES.
SO THEN, AND I'VE HAD THREE OTHERS SINCE THEN, SO I SAID GUESS SIX.
UM, BUT I WENT FOR FEW, YOU KNOW, SEE WHAT I, THE ONE PANEL AND I WAS ABLE TO KNOCK OUT A VERY LONG TRIAL VERSUS MULTIPLE TIMES.
BUT THAT'S JUST A, IT WAS SOMETHING I WAS TRYING TO KEEP PEOPLE WELL AND BE ABLE TO GET THROUGH IT.
IT'S THE SAME THING YOU CALL A JURY PANEL.
WE'VE PROBABLY SETTLED SIX OR SEVEN ONCE WE CALLED THE PANEL.
THOSE CASES LEFT, SO THEY DIDN'T GET TRIED.
UH, MY CASELOAD IS ABOUT 1800.
I TEND TO LOOK AT THE STATS IN TERMS OF INDIVIDUALS, BECAUSE THAT'S WHERE MY RESOURCES GO IF I HAVE TO DECIDE WHERE TO SPEND MY TIME AND MY RESOURCES PER PERSON IS HOW WE REALLY DIVVY THINGS UP.
SO I HATE, I HAVE ABOUT 1800 CASES ON MY DOCKET.
AND WE'VE BEEN TALKING ABOUT, YOU KNOW, THE CRIMINAL JUSTICE SYSTEM, HOW TO MAKE IT MORE EFFICIENT, HOW TO GET RID OF THE BACKLOG.
BUT MR. GARZA, WHAT DO YOU THINK THERE, WHAT DO YOU THINK ARE SOME THINGS THAT BONDSMEN DO TO HELP THE CRIMINAL JUSTICE SYSTEM AS WELL? UM, WELL BEFORE BAIL REFORM, UH, WE HAD MORE OF AN ACTIVE ROLE.
UM, THAT'S BECOME MORE LIMITED AS WE GET, UM, I GUESS PHASED OUT BY THE PR BONDS AND THE GOB BONDS.
UH, BEFORE BAIL REFORM, WE HAD AN ACTIVE, UH, WE WERE ACTIVE IN THAT.
WE, WE WORKED WITH THE COURTS.
THE JUDGES COULD CALL US, SAY, HEY, GET A DEFENDANT HERE TOMORROW.
UH, WE HAD A GOOD PHONE NUMBER FOR HIM.
UM, WE HAD A MOTHER OR FATHER.
SO THOSE WERE SOME OF THE THINGS THAT WE DID TO ASSIST.
UM, I UNDERSTAND WE ALL HAVE HARD JOBS, UM, ESPECIALLY, YOU KNOW, THE JUDGES WITH THEIR CASE LOADS.
UM, AND WE WERE JUST ALWAYS LOOKING TO BE A PARTNER IN THAT.
AND, UM, WHEN WARRANTS WERE ISSUED, UH, WE COULD HAVE SOMEBODY GO LOOK FOR THEM.
UM, AGAIN, THE ACCOUNTABILITY FACTOR IN BAIL IS ENORMOUS.
UH, WITHOUT MOM AND DAD OR, OR ANY FAMILY SUPPORT, UM, WE WOULDN'T WRITE THAT BOND.
AND, AND IT WAS, IT WENT ALL THE WAY AROUND.
A JUDGE IS HOLDING ME ACCOUNTABLE.
THE COUNTY'S HOLDING ME ACCOUNTABLE.
I'M GONNA HOLD THAT DEFENDANT ACCOUNTABLE AS WELL AS THE PARENTS.
SO THAT'S, THAT WAS THE, THE, THE WHOLE THING THAT THE GLUE THAT HELD IT ALL TOGETHER.
AND I, I DON'T SEE THAT, I DON'T SEE HOW YOU CAN DO THAT WITH A PRETRIAL SYSTEM THAT DOESN'T VET THE DEFENDANTS, DOESN'T KNOW, UH, WHERE THEY REALLY LIVE IF THAT ADDRESS IS EVEN GOOD.
UH, THESE ARE ALL THE THINGS WE DO.
WE DON'T GO HOME AT FIVE O'CLOCK OR SIX O'CLOCK.
IF I WANNA CALL THAT DEFENDANT UP AT 12 AT NIGHT AND GO, HEY, WHERE ARE YOU AT? I CAN DO THAT.
[00:55:01]
I WILL DO THAT.AND THAT'S THE ACCOUNTABILITY.
MOM WILL COME TO ME AND SAY, HEY, YOU KNOW, MR. BONDSMAN, I'M HAVING ALL THESE PROBLEMS WHEN HE COMES AND CHECKS IN, CAN YOU TALK TO HIM? AND I'VE HAD THAT, THOSE CONVERSATIONS WITH MANY OF THEM.
THERE'S NOTHING BETTER THAN WATCHING TRANSFORMATION OF PEOPLE WHO GET REFORMED.
BUT AGAIN, THE ACCOUNTABILITY FACTOR IS WHAT WORKS.
AND THAT'S WHAT WE USED TO ENJOY DOING.
SO, ALL RIGHT, NOW WE'RE MOVING ON TO THE SENTENCING PORTION.
WE'VE TALKED ABOUT CLEARANCE RATE OF CASES, BUT HOW ARE CASES DISPOSED IN COURT? AND WHEN A CASE IS DISPOSED, WHO S THE ACCUSED JUDGE MARTIN, THAT WAS, WAS THAT YOU OR ME? WHAT'S HAPPENING? UM, A CASE, MOST CASES ARE DISPOSED OF EITHER BY A PLEA OR A DISMISSAL.
UH, WHEN A, WHEN A PLEA IS DONE, THERE'S USUALLY A PLEA BARGAIN BETWEEN THE PROSECUTOR AND THE DEFENSE ATTORNEY.
THEY WILL DETERMINE WHETHER OR NOT THEY'RE GOING TO REDUCE THE, UH, THE CLASS OF THE CRIME, WHAT, UH, TYPE OF PUNISHMENT THERE WOULD BE, WHETHER THERE'S PROBATION OR NOT, THOSE KIND OF THINGS.
UH, ONCE, ONCE THAT, THAT PLEA BARGAIN IS IN PLACE, THEN UH, A A PLEA IS DONE.
THE JUDGE'S ROLE IN THAT IS NOT, UH, TO, TO DRILL DOWN ON WHETHER OR NOT IT'S A GOOD DEAL OR NOT.
'CAUSE AGAIN, WE, WE DON'T KNOW WHAT THE OFFENSE REPORT SAYS.
WE DON'T KNOW WHAT, UH, WHAT THE STRENGTHS OF THE CASES ARE.
WE DON'T KNOW, UH, HOW GOOD WITNESSES WILL BE.
THAT'S SOMETHING THE PROSECUTOR KNOWS.
THAT'S SOMETHING THE DEFENSE ATTORNEY KNOWS.
SO WHEN WE WERE LOOKING AT, UH, THE PLEA BARGAIN, WE'RE MAKING SURE, FIRST THAT THE DEFENDANT HAS BEEN ADMONISHED ABOUT ALL THEIR RIGHTS.
WE HAVE TO GIVE THEM INSTRUCTIONS ABOUT ANY IMMIGRATION CONSEQUENCES.
THESE ARE THINGS THAT ARE REQUIRED BY LAW, AND WE MAKE SURE THAT THE PLEA BARGAIN FITS WITHIN THE LAW.
IF IT'S WITHIN THE RIGHT RANGE OF PUNISHMENT, THINGS OF THAT NATURE.
WE SENTENCE THEM, BUT WE SENTENCE THEM TO THE PLEA BARGAIN.
SO IF ANYONE TELLS YOU THAT, THAT IF YOU DON'T LIKE A PLEA BARGAIN, BLAME THE JUDGE 'CAUSE THEY APPROVED IT.
WELL, THAT'S JUST NOT HONEST, BECAUSE THE PLEA BARGAIN GENERALLY COMES FROM THE STATE, OR THE STATE ACCEPTS A COUNTER OFFER FROM THE DEFENSE.
NOW, THERE ARE WAYS THAT THE, THE STATE CAN WAIVE A JURY TRIAL AND ALLOW A DEFENDANT TO PLEAD OPEN TO THE COURT.
AND THAT'S WHERE THEY'RE PLEADING.
THEY, THEY WILL EITHER HAVE WHAT'S CALLED A PRE-SENTENCE INVESTIGATION A REPORT WAS, IS PREPARED, AND WE GO TO A SENTENCING OR WE INFORMALLY DISCUSS THE PROSECUTOR, THE DEFENSE ATTORNEY, ABOUT WHAT, UH, THE, THE APPROPRIATE PUNISHMENT WILL BE.
THERE ARE MANY REASONS WHY A PROSECUTOR MAY WANT TO GO THAT ROUTE INSTEAD OF MAKING A, A, UH, A, A RECOMMENDATION.
AND IN THAT CASE, THE JUDGE WILL SAY, WELL, THIS IS WHAT I THINK THE APPROPRIATE PUNISHMENT IS.
BUT IN THAT CONVERSATION, THE PROSECUTOR IS ALWAYS THERE.
THE DEFENSE ATTORNEY IS ALWAYS THERE, AND THEY KNOW BEFORE WE GET TO THE PLEA, WHAT'S GONNA HAPPEN UNLESS WE DO THAT FULL PRE-SENTENCE INVESTIGATION AND HAVE A SENTENCING HEARING.
AT THE SENTENCING HEARING, THE STATE GETS TO PUT ON ANY EVIDENCE THAT THEY WANT.
THE DEFENSE GETS TO PUT ON EVIDENCE AS WELL.
NOW THEY ARE, UH, CONSTRAINED TO THE RULES OF EVIDENCE, UH, THAT ARE PUT OUT BY, BY THE SUPREME COURT, THE TEXAS COURT OF CRIMINAL APPEALS HERE IN TEXAS.
SO THEY'RE CONSTRAINED IN THAT WAY.
AND, UH, BASED UPON WHAT IS PRESENTED, THEN THE, THE, THE SENTENCE COMES DOWN, OUR SENTENCES ARE COMMISERATE WITH THE, THE SENTENCES OF THE, OUR PREDECESSORS WHO MAY HAVE BEEN IN A DIFFERENT PARTY.
BUT THE JUDGES CAN DECIDE WHETHER OR NOT TO ACCEPT A PLEA, CORRECT? UH, YES, WE, WE DO HAVE THAT DISCRETION.
WE CAN SAY NO, BUT AGAIN, WE DON'T NECESSARILY HAVE THE VISIBILITY TO ABOUT WHETHER OR NOT A CASE IS GOOD OR BAD.
IF THE PROS, I HAVE TO ASSUME THAT A PROSECUTOR WHO HAS YEARS OF EXPERIENCE KNOWS WHAT SHE'S DOING.
I HAVE TO ASSUME THAT THE DEFENSE ATTORNEY HAS TALKED TO THEIR CLIENT ABOUT THE RAMIFICATIONS OF THAT PLEA.
I AM NOT THERE TO INTERFERE WITH THEM DOING THEIR JOBS.
I ASSUME THAT THEY KNOW WHAT THEY'RE DOING.
I MEAN, I DON'T BELIEVE THAT THE DISTRICT ATTORNEY WOULD PUT, UH, SOMEONE INTO THE ROLE OF MAKING PLEA BARGAINS IF SHE OR HE DID NOT BELIEVE THAT THEY KNEW WHAT THEY WERE DOING.
SO I DON'T INTERFERE WITH THAT.
SO IF YOU SAW A CHARGE LIKE MURDER, SOMEBODY'S CHARGED WITH MURDER IN THE INDICTMENT AND A PLEA BARGAIN COMES TO YOU, AND NOW IT'S BEING REDUCED DOWN TO A MISDEMEANOR CLASS, A ASSAULT, UM, WOULD THAT BE SOMETHING THAT YOU WOULD INQUIRE ABOUT? YES, ABSOLUTELY.
I WOULD INQUIRE AS TO WHY THEY'RE DOING THAT.
AND THE PROSECUTOR CAN LOOK AT ME STRAIGHT IN THE FACE AND SAY, WE HAVE VERY GOOD REASONS FOR DOING THAT, JUDGE.
AND NOT SAY THAT AS A PROSECUTOR, I HAD VERY GOOD REASONS FOR DOING SOME OF THE THINGS I DID THAT MAYBE A JUDGE DIDN'T LIKE.
BUT IT WASN'T THAT JUDGE'S JOB TO INTERFERE WITH ME DOING MY JOB AS A PROSECUTOR.
HAVE YOU EVER REJECTED A PLEA?
[01:00:01]
I HAVE NOT.BUT WE, WE HAVE SOME HARD CHARGING PROSECUTORS ASSIGNED TO THE TWO 30
UH, JUDGE UNGER, WHEN A JUDGE IS RESPONSIBLE FOR SENTENCING A DEFENDANT, WHAT FACTORS ARE IMPORTANT TO YOU, UH, TO CONSIDER WHEN DECIDING WHAT THE APPROPRIATE SENTENCE IS? WELL, IT'S NOT OFTEN, AS JUDGE MORTON SAID, THAT WE ARE ACTUALLY GOING TO COME UP WITH THE SENTENCE.
MOST OF THE TIME THE SENTENCE COMES FROM EITHER A JURY AFTER A CONVICTION OR THE AGREEMENT BETWEEN THE DA'S OFFICE AND THE DEFENSE ATTORNEY.
I'D SAY THAT'S BY FAR 90% PLUS OF ALL OF THE SENTENCES.
THERE ARE OTHER SENTENCES THAT, AS JUDGE MORTON SAID, PEOPLE WILL COME TO US WITHOUT AN AGREED RECOMMENDATION AND ASK JUDGE, WILL YOU SENTENCE AND ONE OF THE THINGS, AND I'M SORRY IF I CAN JUST PUT SOMETHING DOWN HERE.
SO ONE OF THE THINGS THAT I WILL OFTEN LOOK AT, THERE'S SOME CASES WHERE I'LL JUST SAY, YOU KNOW WHAT, YOUR CLIENT HAS HAD X, Y, Z ISSUES.
UM, YOU KNOW, I THINK THIS IS AN APPROPRIATE SENTENCE, BUT THERE'S SOME CASES WHERE I JUST DON'T KNOW ENOUGH.
AND WHAT I'LL OFTEN DO IS ASK FOR PROBATION TO PROVIDE SOMETHING CALLED THE TRAS ASSESSMENT THAT LOOKS VERY SIMILAR TO THESE DOCUMENTS.
IT DOESN'T HAVE ANYBODY'S NAME ON IT, SO DON'T WORRY.
AND ON THESE THINGS, I WILL LEARN ABOUT THE LEVEL OF RISK OF SOMEBODY WHAT ACTUALLY HAPPENED, MORE OF AN IN-DEPTH INFORMATION ABOUT THE CASE ITSELF.
DOES THE VICTIM OF THE CRIME HAVE ANY OPINION? IF SO, WHAT IS THE VICTIM'S INPUT? HAS THERE BEEN ANY MEDIC ANY MITIGATING CIRCUMSTANCES? WHAT DOES THE DEFENDANT SAY WHEN THEY GO AND THEY MEET WITH THE TRAS ASSESSOR? ALL OF THESE THINGS.
WHAT IS THEIR BACKGROUND? ALL OF THESE THINGS THAT I WILL CONSIDER BEFORE I AM GOING WITH A SENTENCE AND COMING UP WITH WHAT I BELIEVE WOULD BE THE APPROPRIATE SENTENCE.
SO SAY YOU READ IN A NEWSPAPER ARTICLE THAT A DEFENDANT CHARGED WITH MULTIPLE FELONIES ARISING OUT OF DIFFERENT CRIMINAL EPISODES, UH, PLEADS DOWN TO ONE MISDEMEANOR CONVICTION, GETTING A COUPLE DAYS IN JAIL, AND ALL THE OTHER CHARGES ARE DISMISSED.
IF YOU JUST READ THAT HEADLINE, UM, WHAT DOES THAT TELL YOU IMMEDIATELY AS A JUDGE? YOU KNOW, READING THAT, I, WHEN I WOULD SEE JUST, AND ON THE, I DON'T WATCH THE NEWS, FIRST OF ALL, FOR OBVIOUS REASONS.
UM, WHAT THAT MEANS IS WHEN YOU PUT, WHEN THE PROSECUTOR PUT TOGETHER THIS CONSTELLATION OF CASES, ONE OR TWO OF THEM WAS NOT A GOOD CASE.
ONE OF THEM WAS A REALLY GREAT CASE.
THE KID MAY BE TESTIFYING IN ANOTHER ONE OF THE PROSECUTOR'S CASE, AND THEY NEED TO CUT THIS KID A BREAK NOW TO HELP WITH THIS MUCH BIGGER FISH DOWN THE ROAD.
MAYBE THERE'S SOMETHING ABOUT EITHER A CRIMINAL INFORMANT OR A WITNESS IN THE CASE THAT THE PROSECUTOR'S NOT WILLING TO SHARE BECAUSE IT'S DAMAGING INFORMATION THAT THEY DON'T WANT THE DEFENSE AND ULTIMATELY THE PUBLIC TO HAVE.
SO THEY MAKE THE DECISION, WE'RE GONNA GET RID OF THESE TWO.
IT THE POSSIBILITIES AND THE REASONS ARE ENDLESS.
AND THAT'S WHY YOU HAVE TO HAVE EXPERIENCED PROSECUTORS WHO CAN LOOK AT, LOOK AT THESE CASES, OKAY, HOW LONG BEFORE HE PICKED UP THIS NEW ONE, WHAT EXACTLY HAPPENED? HOW CULPABLE WAS HE? AND A BIG THING, GOING BACK TO WHAT JUDGE YOUNGER SAID, I WANNA SEE PEOPLE'S ATTITUDES.
IF A DEFENDANT COMES AND TALKS AND WANTS TO COME TALK TO ME, AND THEY TALK TO ME, I WANNA SEE YOUR ATTITUDE.
WHEN I'M IN IMPORTANT PLACES, I'M DEFINITELY RESPECTFUL IF I THINK I'M IN TROUBLE.
SO ATTITUDE IS ALSO A BIG THING.
UM, YOU JUST DON'T KNOW WHY A PROSECUTOR WILL HAVE CONSTRUCTED WHAT THEY CONSTRUCTED NOW, AND RARELY DO WE BUST, PLEASE.
BUT SOMETHING THAT HAS BEEN, I HAVE FOUND VERY, HAS BEEN A, A GREAT PART OF THE JOB FOR ME IS TRYING TO BE CREATIVE WHERE WE CAN MEET PEOPLE'S NEEDS AND NOT HAVE TO JUST BE TIED INTO THE REGULAR TRIAL OR HEARING.
A BIG THING THAT HAPPENS IS VICTIMS WANT TO HAVE THEIR SAY, THEY WANT TO COME INTO COURT, THEY WANNA LOOK IN THE DEFENDANT'S EYE, AND THEY WANNA SAY, WHAT YOU DID TO ME HURT SO BADLY.
THE PROBLEM IS, WE'VE ALWAYS BEEN STUCK IN THE IDEA OF WE HAVE TO HAVE A TRIAL SO THAT, THAT THE VICTIM CAN DO THIS.
WE HAVE TO HAVE A FORMAL HEARING.
IF VICTIMS WANT TO MAKE A STATEMENT AND THEY WANNA COME INTO COURT, YOU GUYS ENTER A PLEA DEAL.
I WILL ORDER THE DEFENDANT, BE THERE.
I WILL ORDER THAT DEFENDANT TO LOOK AT THAT VICTIM WHILE THEY TALK TO THEM, BECAUSE IT'S THE VERY LEAST THEY DESERVE.
I THINK CREATIVE SOLUTIONS LIKE THAT ARE THINGS THAT A LOT OF THE CURRENT JUDGES HAVE COME UP WITH, SO THAT WE CAN ADDRESS ALL THE ISSUES THAT ARE COMING UP WITHOUT HAVING TO PUT PEOPLE THROUGH TRIALS AND FORMAL HEARINGS.
BUT WE CAN NEVER KNOW WHY A CERTAIN CONSTELLATION
[01:05:01]
OF THINGS TOOK PLACE TO REDUCE THE CASE AT A CASE, DISMISS A CASE.HOPEFULLY IT'S A VERY SMART PROSECUTOR MAKING VERY IMPORTANT DECISIONS.
AND SO IF YOU HAVE CASES THAT WERE GROUPED TOGETHER AND THEN A FEW WERE DISMISSED, THAT WOULD TELL YOU THAT IT, IT WAS A PLEA BARGAIN.
THAT'S NOT SOMETHING THAT HAPPENED IN A JURY TRIAL.
AND SO CAN A JUDGE JUST DISMISS A CASE ON THEIR OWN IF THEY DON'T LIKE THE CHARGES? NO, WE CANNOT.
AND SO WHAT'S THE PROCESS FOR THAT? FOR OH, FOR GETTING THE CASE DISMISSED? YES.
UM, THE STATE DISMISSES THE CASE.
THAT'S THE ONLY WAY THAT IT GETS DISMISSED.
AND IT'S REALLY WHAT WAS REALLY INTERESTING IS, SO THE STATE FILES A MOTION TO DISMISS, AND IT COMES TO R QUEUE.
WE HAVE TO SIGN OFF ON A MOTION TO DISMISS.
WE HAVE TO SAY, YES, IT'S GONNA BE DISMISSED.
WHAT'S REALLY FUNNY IS NOT ONLY CAN WE NOT DISMISS CASES OURSELVES, WE HAVE TO DISMISS THEM WHEN THE STATE ASKS US TO.
UM, WE HAVE NO, WE HAVE NO DISCRETION IN THE MATTER EITHER WAY.
IT'S A HUNDRED PERCENT THE STATE.
AND ONE MORE FOLLOW UP TO THAT, AND I APPRECIATE ALL THESE QUESTIONS THAT WE GOT FROM Y'ALL, FROM OUR AUDIENCE.
THE QUESTIONS THAT WERE THE JUDGES ARE ANSWERING RIGHT NOW ALL CAME, UM, FROM YOU, WHETHER IT WAS FROM EMAIL, SOCIAL MEDIA, THINGS LIKE THAT.
SO, UM, THIS WAS FROM AN AUDIENCE MEMBER.
A STUDY IN 2018 DONE BY TEXAS CHILDREN'S HOSPITAL REVEALED THAT 92,000 CHILDREN HAVE A PARENT IN THE HARRIS COUNTY JAIL EACH YEAR.
WHEN CONSIDERING SENTENCING AND OR BONDING, UM, ARE THE CHILDREN THAT WILL BE AFFECTED, ARE THEY TAKEN INTO CONSIDERATION WHEN SENTENCING OR SETTING A BOND FOR A SUSPECT? A GOOD JUDGE TAKES EVERYTHING INTO CONSIDERATION THAT'S IN FRONT OF THEM.
AND THAT IS SOMETHING IN THOSE RARE INSTANCES WHERE WE DO HAVE THOSE PRE-SENTENCE INVESTIGATION HEARINGS, WE WILL HEAR ABOUT A DEFENDANT'S CHILDREN.
JUDGE, DON'T SEND HIM TO PRISON.
JUDGE GADO, DID YOU WANNA STEP INTO THIS OR DO YOU I'M SO SORRY TO INTERRUPT.
THIS IS JUDGE GEDO TO THE PANEL.
DID YOU WANNA TAKE, DID YOU WANNA TAKE THIS QUESTION OR THE, WHAT'S THE QUESTION? THE CHILD, THE CHILDREN IN JAIL.
IS THIS ABOUT THE STUDY? THE, UM, YES.
FIRST OF ALL, WE ARE IN A TRIAL RIGHT NOW.
SO WERE WE, I DID NOT MEAN TO KEEP ANYONE WAITING.
I THINK THE END OF THE QUESTION IS ABOUT WHETHER OR NOT WE TAKE THAT INTO CONSIDERATION.
FIRST OF ALL, THAT STATISTIC IS HEART WRENCHING.
UM, TO KNOW THAT THERE ARE ALMOST A HUNDRED THOUSAND CHILDREN IN OUR COUNTY WHO HAVE SOMEONE, UM, A CAREGIVER WHO IS IN CUSTODY.
I THINK THE SECOND PART OF THE QUESTION WAS ABOUT WHETHER OR NOT WE TAKE THAT INTO CONSIDERATION.
SO IT CUTS BOTH WAYS, RIGHT? IF THE COMPLAINANT, UM, IS A CHILD OF THE DEFENDANT, OR IF THE, UH, DEFENDANT IS, UM, ALLEGED TO BE DOING SOMETHING THAT'S HARMFUL TO CHILDREN, OBVIOUSLY THAT CUTS ONE WAY.
IF THE, UH, ACCUSED IS A CAREGIVER WHO IS RESPONSIBLE, WHO IS IMPORTANT FOR THAT FAMILY IN TERMS OF CAREGIVING, UM, IN TERMS OF, UH, FINANCIAL, UH, RESOURCES, THINGS LIKE THAT, THAT CUTS THE OTHER WAY.
SO IT'S NOT SOMETHING THAT IS LISTED IN THE THINGS THAT WE'RE SUPPOSED TO CONSIDER, BUT IT CERTAINLY IS SOMETHING THAT WE CONSIDER IN THE TOTALITY OF THE CIRCUMSTANCES.
AND JUST TO GET YOU CAUGHT UP, UH, IF YOU COULD, WILL YOU JUST, UH, LET THE AUDIENCE KNOW WHEN YOU WERE ELECTED, HOW LONG YOU'VE BEEN A JUDGE, A LITTLE BIT ABOUT YOURSELF.
I WAS ELECTED IN, I THINK IT WAS 2020.
I'VE BEEN A JUDGE JUST SINCE JANUARY OF LAST YEAR.
UH, I WAS A PROSECUTOR FOR 10 YEARS AT THE HARRIS COUNTY DISTRICT ATTORNEY'S OFFICE.
I DID INDIGENT DEFENSE FOR FOUR YEARS AFTER THAT.
UH, AND THEN I TOOK THE BENCH.
AND, UM, HOW MANY CASES DO YOU HAVE PENDING IN YOUR COURT RIGHT NOW? I HAVE 1,420, I BELIEVE.
UH, I CHECKED THE NUMBERS THIS MORNING.
SHE SAID WE NEED MORE JUDGES, RIGHT? YES, MA'AM.
AND HOW MANY JURY TRIALS HAVE YOU HAD SINCE LAST YEAR? I BELIEVE THE TRIAL THAT I'M IN RIGHT NOW IS MY 15TH JURY TRIAL SINCE APRIL OF LAST YEAR, I BELIEVE THAT'S RIGHT.
WAS THAT THE END OF THAT QUESTION? SORRY.
SO THE QUESTION WAS, DO JUDGES ALSO TAKE INTO CONSIDERATION THE CHILDREN WHOSE PARENTS WERE KILLED? OKAY.
MY NIECE WAS KILLED, OF COURSE.
AND I CAN'T, OBVIOUSLY, I, I KNOW YOU KNOW THIS AND I CAN'T SPEAK TO THAT PARTICULAR CASE, BUT OBVIOUSLY WE HAVE, UM, THE CHILDREN OF
[01:10:01]
COMPLAINANTS TESTIFY IN OUR COURTS, I WOULD SAY WEEKLY.UM, AND WE WOULD NEVER DISREGARD THEIR FEELINGS OR THE IMPACT THAT THESE CASES HAVE ON THEIR LIVES.
IT'S AN IMP CRIMINALS TO COMMIT.
IS THAT IN YOUR COURT? ALRIGHT, NOW WE ARE MOVING INTO THE BONDING SECTION OF TONIGHT'S FORUM.
UM, THIS QUESTION IS FOR JUDGE, UH, AND TO, SO WE'VE SEEN AN EPIDEMIC OF CRIMES COMMITTED BY SUSPECTS, UM, THAT ARE OUT ON BAIL WHILE SOME PERSONS ACCUSED OF VIOLENT CRIMES ARE RELEASED WITH NO BAIL OR MINIMUM BAIL.
WAIT, THAT QUESTION DIDN'T REALLY MAKE SENSE.
UM, WHY ARE SOME PERSONS, WHY ARE SOME PERSONS ACCUSED OF VIOLENT CRIMES RELEASED WITH NO OR MINIMAL BAIL? I BELIEVE THAT WAS THE QUESTION.
SO WE HAVE SEEN AN EPIDEMIC OF CRIMES COMMITTED BY SUSPECTS OF OTHER CRIMES WHO ARE OUT ON BAIL.
WHY ARE SOME PERSONS ACCUSED OF VIOLENT CRIMES RELEASED WITH NO OR MINIMAL BAIL? ALRIGHT, SO REMEMBER TO WHAT I TOLD YOU AT THE VERY BEGINNING, EACH JUDGE IS AN INDEPENDENT PERSON AND EACH JUDGE IS AN INDIVIDUAL.
AND THAT IS WHY, UM, LIKE I MENTIONED, OUR COURTS HAVE DIFFERENT COURT NUMBERS.
SO I CAN'T TELL YOU WHY ANY OTHER JUDGE, ASIDE FROM MYSELF, UM, SET CERTAIN BOND AMOUNTS FOR CERTAIN TYPE OF OFFENSES.
BUT I CAN TELL YOU A COUPLE OF THINGS THAT ARE UNIVERSAL FOR ALL THE JUDGES.
UM, AND I, YOU KNOW, I WATCH THE NEWS TOO.
AND, UM, I ASSUME THAT DOCTORS WHENEVER THEY WATCH, UH, ER SAY SOMETHING LIKE, WELL, THAT'S NOT EXACTLY HOW IT WORKS.
YOU KNOW, JUST LIKE WHEN I WATCH LAW AND ORDER AND I'M LIKE, I DON'T DRIVE THAT KIND OF CAR AND I DON'T WEAR, YOU KNOW, MANOLA BLAHNIK SHOES.
UM, MY POINT IS THIS, UM, COUPLE THINGS.
THE JUDGE IS THE ONE WHO SETS THE BOND AMOUNT, AND I TAKE FULL ACCOUNTABILITY AND FULL RESPONSIBILITY FOR ALL THE BONDS THAT I SET IN MY COURT EVERY SINGLE DAY.
SO, TWO, THE JUDGE OF THE COURT CAN ALWAYS REVIEW THE SUFFICIENCY OF A BOND.
WHAT DO I MEAN BY THAT? WHEN PEOPLE GET ARRESTED, THEY FIRST GO TO WHAT YOU ALL PROBABLY REFER TO THE TV JUDGE, THE MAGISTRATE.
THOSE ARE THE PEOPLE THAT FIRST SEE AN ACCUSED WITHIN THE FIRST 24 OR 48 HOURS THAT MAGISTRATE SETS AN INITIAL BOND.
WHEN THAT DEFENDANT COMES TO MY COURT FOR EVERY CASE, I HEAR THE PROBABLE CAUSE OF THE CASE.
I HEAR THE CRIMINAL HISTORY AND I HEAR THE BOND AMOUNT.
THERE'S A PROCESS BY WHICH IF I DON'T AGREE WITH THAT BOND AMOUNT, I CAN RAISE IT.
AND IT'S CALLED A SUFFICIENCY OF A BOND HEARING.
AND SO WHAT I DO IS, IS IF I BELIEVE THAT THAT BOND IS NOT SUFFICIENT FOR AN OFFENSE, THEN I APPOINT AN ATTORNEY.
I GO ON THE RECORD, I CONSIDER THE BAIL FACTORS I'M ABOUT TO TELL YOU ABOUT, AND THEN I RAISE THE BOND IF THAT'S WHAT THE LAW REQUIRES.
THE THIRD THING IS THE LAW SPELLS OUT FOR JUDGES THE EXACT RULES FOR SETTING THE AMOUNT OF BAIL.
THESE ARE CALLED, WELL JUDGES CALLED THE FACTORS.
THE RULES ARE FACTORS THAT ARE UNIVERSAL TO ALL CRIMINAL JUDGES IN THE STATE OF TEXAS, BECAUSE THAT'S WHAT THE LEGISLATURE SAYS.
BAILS NOT TO BE USED TO OPPRESS PEOPLE.
THE NATURE OF THE OFFENSE AND THE CIRCUMSTANCES UNDER WHICH THE OFFENSE WAS COMMITTED ARE TO BE CONSIDERED, INCLUDING WHETHER THE OFFENSE IS AN OFFENSE INVOLVING FAMILY VIOLENCE, OR IT INVOLVES AN OFFENSE AGAINST A PEACE OFFICER.
THE ABILITY TO MAKE BAIL SHALL BE CONSIDERED THE FUTURE SAFETY OF THE VICTIM OF THE ALLEGED DOLPHINS.
LAW ENFORCEMENT AND COMMUNITY SHALL BE CONSIDERED THE CRIMINAL HISTORY RECORD FOR THE DEFENDANT.
AND A PSR OR PUBLIC SAFETY REPORT SHALL BE CONSIDERED OTHER PENDING CRIMINAL CHARGES AND ANY INSTANCES IN WHICH THE DEFENDANT FAILED TO APPEAR AND THE CITIZENSHIP STATUS OF THE DEFENDANT.
[01:15:01]
THE LAW TELLS ME WHAT FACTORS TO CONSIDER, BUT THE LAW DOESN'T TELL ME HOW I WEIGH THOSE FACTORS.AND THAT DISCRETION IS UP TO EVERY SINGLE JUDGE.
'CAUSE I CAN'T TELL YOU A SPECIFIC TYPE OF CASE, BUT I CAN TELL YOU HOW I THINK IF I HAVE A VIOLENT OFFENSE IN FRONT OF ME THAT INVOLVES VULNERABLE VICTIMS LIKE A CHILD, UH, OR A LAW ENFORCEMENT OFFICER, OR A DISABLED INDIVIDUAL, THEN I LOOK AT THE FACTORS OF THE SAFETY OF THE COMMUNITY, THE SAFETY OF THE VICTIM.
I LOOK AT THOSE FACTORS, AND PERHAPS FOR SOME OFFENSES, I WEIGH THOSE FACTORS MORE HEAVILY.
WHEREAS FOR OTHER OFFENSES, I MAY WEIGH OTHER FACTORS MORE HEAVILY.
I THINK THAT THE DISCRETION IS WHAT CREATES THE VARYING AMOUNTS, BECAUSE LIKE JUDGE MARTIN SAID, YOU KNOW, WE'RE ALL INDIVIDUALS, WE'RE ALL DIFFERENT PEOPLE, AND YOU'RE NOT GONNA HAVE UNANIMITY AMONGST 23 DIFFERENT DISTRICT COURT JUDGES.
UM, AND SO I CAN, I'LL TELL YOU THAT I ONLY SPEAK FOR MY COURT, AND I ONLY SPEAK FOR MYSELF IN THIS MATTER.
UM, AND SO FOR THOSE TYPES OF OFFENSES, I LOOK AT THOSE FACTORS AND THEN I SET A BOND THAT THE LAW ALLOWS ME TO SET PERTAINING TO A PARTICULAR SET OF OFFENSES.
DOES THAT MAKE SENSE? IT'S NOT, IT'S SOMETHING WE DO A HUNDRED TIMES A DAY.
SOMETIMES IT MOVES VERY QUICKLY.
I SOMETIMES HAVE 90 DEFENDANTS IN MY COURTROOM.
I HAVE TO DO THIS VERY QUICKLY.
I HAVE TO MAKE THE BEST INFORMED DECISION THAT I CAN MAKE.
AND I DON'T HAVE A CRYSTAL BALL IN FRONT OF ME, BUT I GO BACK TO BEING ACCOUNTABLE FOR THE BONDS THAT I SET.
I MAKE THE BEST DECISION THAT I CAN.
I FOLLOW THE WRITTEN RULE OF LAW, I CONSIDER THE FACTORS, AND THAT'S WHAT I CONTINUE TO DO EVERY SINGLE DAY.
SO I HOPE THAT HAS CLEARED UP SOME MISUNDERSTANDINGS THAT MAY BE OUT THERE.
SO WE JUST HEARD JUDGE ANTU TALK ABOUT THE FACTORS THAT THE JUDGES ARE ALLOWED TO CONSIDER WHEN SETTING BAIL.
UH, THIS QUESTION IS FOR JUDGE MORTON.
OF THE FACTORS YOU CAN CONSIDER, WHAT DO YOU BELIEVE ARE, YOU KNOW, YOUR PRIMARY CONSIDERATION? WELL, THAT WOULD BE, THAT THAT WOULD BE CASE SPECIFIC.
IT DEPENDS ON THE TYPE OF CASE.
UM, THE THINGS WE'RE LOOKING AT WHEN WE'RE SETTING BAIL AND THE, THE, THE, THE LAW THAT JUDGE ANTU WAS TALKING ABOUT IS, IS COVERING OUR CODE OF CRIMINAL PROCEDURE.
WE'RE LOOKING NOT JUST AT THE BAIL AMOUNT, BUT WE'RE ALSO LOOKING AT BOND CONDITIONS.
AND LIKE JUDGE ANTU, I REVIEW EVERY NEW CASE THAT COMES UP AND I REVIEW THE BAIL AND THE BOND CONDITIONS IN EVERY ONE OF THOSE CASES.
UM, AND DEPENDING ON WHAT THE CASE IS, THAT'S WHAT'S IMPORTANT.
NOW, WHAT BAIL MEANS, THE MONEY BAIL, THAT'S ALSO DEFINED IN OUR CODE, AND THAT IS DEFINED AS WHAT IS TO BRING THEM BACK TO COURT.
AND THAT'S WHERE WE HAVE BONDSMEN LIKE MARIO TO MAKE SURE THEY COME BACK TO COURT.
SO THE BAIL AMOUNT, THAT'S WHAT WE'RE SETTING THAT FOR BECAUSE WE ALL KNOW THAT MONEY DOESN'T PROTECT ANYBODY.
WE ALL KNOW THAT CRIMINAL CARTELS, HUMAN TRAFFICKERS, DRUG TRAFFICKERS, ORGANIZED CRIMINAL GANGS.
THEY HAVE ACCESS TO MONEY, THEY CAN MAKE BAIL.
I CAN SET BAIL AT A MILLION DOLLARS AND THEY CAN MAKE IT.
WHAT MAKES PEOPLE SAFE IS THE CONDITIONS THAT WE PUT IN PLACE.
WE CAN PUT PEOPLE IN A HOUSE ARREST AND THERE ARE 24 HOUR MONITORING.
AND WHENEVER WE RECEIVE A A VIOLATION REPORT, WE BRING THEM INTO COURT.
THE STATE HAS AN OPTION TO HAVE A HEARING.
AND IF THEY SHOW A VIOLATION OF A BOND CONDITION FOR THE PROTECTION OF THE COMMUNITY OR AN ALLEGED VICTIM, THEY CAN ASK THAT THEY BE HELD AT NO BOND.
THEY'RE DOING THAT NOW, THEY HAVEN'T ALWAYS DONE THAT, BUT THE DISTRICT ATTORNEY'S OFFICE IS DOING THAT, UH, A GREAT DEAL.
NOW, IN FACT, I PROBABLY HAVE MORE PEOPLE HELD AT NO BOND THAN ANY OTHER JUDGE BECAUSE I'VE HAD MORE OF THOSE HEARINGS IN MY COURT, AND EACH ONE OF THOSE PEOPLE HAS HAD A HEARING IF THEY'RE HELD AT NO BOND.
THAT'S THE ONLY WAY WE CAN DO THAT.
DOES THAT ANSWER YOUR QUESTION? DO, DO YOU KNOW HOW MANY DEFENDANTS YOU HAVE AT NO BOND RIGHT NOW? I DON'T HAVE THAT EXACT NUMBER.
UH, I DO KNOW THAT THE MAJORITY OF THE 526 CASES, AND SOME OF THEM ARE MULTIPLE CASES FOR A SINGLE INDIVIDUAL, UM, THEY'RE ALL, THEY'RE, THEY'RE VIOLENT OFFENDERS.
IF THEY HAVE NO BOND, IT'S BECAUSE THEY'VE HAD A HEARING.
IF THEY HAVE A BAIL SET THAT THEY CAN'T MAKE, IT'S BECAUSE THEY'VE PROBABLY ABSCONDED IN THE PAST.
AND THE AMOUNT OF SURETY THAT IS NECESSARY FOR THEIR RETURN HAS TO BE HIGHER.
UH, YOU, YOU HEARD JUDGE, JUDGE YOUNGER SAY OUR OUR BAIL NUMBERS, OUR BAIL
[01:20:01]
AMOUNTS ARE HIGHER THAN THEY'VE EVER BEEN.UH, IN SOME CASES, THREE TIMES HIGHER THAN WHAT THEY USED TO BE.
BUT THAT'S BECAUSE WE WANNA MAKE SURE PEOPLE ARE SHOWING UP.
WE WANNA MAKE SURE THAT THE SURETY FOR THEIR RETURN IS SUFFICIENT.
WE HAVE THOSE HEARINGS EVERY DAY, ALL OF US, EVERY JUDGE.
SO TO FOLLOW UP ON THAT, SO WE HAVE ANDY KAHN FROM CRIME STOPPERS OVER HERE.
PEOPLE SAW ANDY AT THE FIRST TWO TOWN HALLS, PART ONE AND TWO.
UM, SO IN THE PAST, YOU KNOW, ANDY CONN, YOU'VE ACTUALLY CALLED OUT JUDGE MORTON FOR CONTINUING TO SET BONDS FOR OFFENDERS WHO COMMIT MORE CRIMES WHILE THEY'RE ALREADY OUT ON BOND.
UM, I THINK SPECIFICALLY ONE CASE, UM, ANDY MENTIONED WAS JEFFREY ROBERTSON.
AND AT ONE POINT HE HAD 14 BONDS IN YOUR COURT.
AND SEVEN OF THOSE 14 BONDS WERE POSTED WITHIN ONE MONTH.
UM, AT SOME POINT, YOU KNOW, IF SOMEONE GETS A BOND AND THEY GET RELEASED AND GET A BOND AND GET RELEASED, YOU KNOW, ONE OF THE CONDITIONS OF RELEASE IS THAT YOU NOT COMMIT ANY MORE CRIMES.
AND SO THEY'RE NOT FOLLOWING THE RULES OF THE COURT WHEN THEY PICK UP MORE CRIMES, CORRECT? THAT'S CORRECT, YES, ABSOLUTELY.
AND SO, UM, AND SO HOW MANY BONDS IS TOO MANY
I, I DON'T WANT PEOPLE GETTING OUT AND COMMITTING NEW CRIMES COURT OFFICER YOU TAKE BACK, YOU DON'T EVEN FEEL IN COURT COSTS.
YOU'RE LETTING OUT INTO OUR COMMUNITY.
OKAY? I THINK IF THE JUDGES WILL STICK AROUND AT THE, AT THE END FOR QUESTIONS I HEAR NOW YOU WANNA HEAR NOW? I I AM I AM, I AM.
I UNDERSTAND WHERE YOU'RE COMING FROM.
YOU HAVE SAME THAT WE DON'T HAVE HAVE'S, COURT WILL OF MY 9-YEAR-OLD.
AND YOU KNOW WHAT WE PLAN TO DO? WE ORDERED FIVE, 500 CUSS THAT WE PLANNED TO PUT OUTSIDE CRIMINAL COURTHOUSE.
SHOW THE PEOPLE HOW MANY PEOPLE ARE DYING.
AND I UNDERSTAND WHAT YOU'RE SAYING, BUT BECAUSE THE JUDGES UP HERE ARE SUPPOSED TO REMAIN NEUTRAL, AND THEY'RE NOT SUPPOSED TO HEAR SPECIFIC FACTS, WE CAN'T GO INTO FACTS OF PENDING CASES.
I CAN'T BE IN THE ROOM THAT'S IN MY COURT.
WHEN HE TALKED ABOUT LIKE THAT, YOU PROBABLY SAW ME HAD TO LEAVE THE LAST MEETING YOU GUYS WERE IN.
IT'S NOT OUTTA DISRESPECT, IT'S SIMPLY EVERYONE.
SO FACTS LIKE THAT, I CAN'T BE IN THE MOOD FOR YEAH, YOU, YOU GUYS HAVE TO UNDERSTAND, WE ARE CONSTRAINED IN VERY IMPORTANT WAYS.
WE CAN'T ANSWER EVERY QUESTION THAT YOU HAVE.
WE CAN'T ADDRESS SOME OF THE CONCERNS THAT YOU HAVE ABOUT SPECIFIC CASES BECAUSE WE'RE CONSTRAINED IN VERY IMPORTANT WAYS.
AND THESE CONSTRAINTS HAVE BEEN PUT IN PLACE FOR MANY YEARS, AND THEY'RE PUT IN PLACE FOR VERY CONSERVATIVE REASONS, VERY GOOD REASONS.
SO WE HAVE TO CONSTRAIN OURSELVES TO THOSE RULES.
NOW, I CAN'T, I CAN'T TALK ABOUT THE SPECIFIC CASE THAT, UH, COUNCILWOMAN HUFFMAN JUST BROUGHT UP.
WHAT I CAN SAY IS THAT EACH AND EVERY TIME A PERSON GETS A NEW CASE, I LOOK AT THE PROSECUTORS AND SAY, DO YOU WANT A HEARING? AND IF THEY SAY, NO, THERE'S NOTHING I CAN DO, I HAVE NO CHOICE UNDER THE LAW, BUT TO SET ANOTHER BAIL, THAT IS THE LAW.
IT'S NOT THE LAW THAT I WANT, IT'S THE LAW THAT'S WRITTEN.
I HAVE TO APPLY THE LAW AS WRITTEN, RELEASED A MAN OUT ON PR BOND WHO SHOT AT CHILDREN.
HOW CAN YOU RECONCILE WITH THIS? THIS IS NOT JUST ONE CASE.
YOU HAVE MADE NATIONAL NEWS ON SEVERAL, UH, UH, INCIDENTS, AND YET YOU STILL ARE STANDING UP FOR DEFENDING YOUR ACTIONS.
YOU ARE MAKING HARRIS COUNTY A DANGEROUS AREA, AND YET FOR SOME REASON, YOU KEEP ON DOING THE SAME THING OVER AND OVER AGAIN.
IT'S INSANE WHAT YOU'RE DOING.
I HAVE NO CHOICE BUT TO FOLLOW THE LAW AS WRITTEN.
I UNDERSTAND THAT YOU DON'T LIKE THE LAW.
IT IS OKAY NOT TO LIKE THE LAW.
I WOULD LOVE TO CHANGE SOME LAWS, BUT I MA'AM, MA'AM, BASED ON CASE.
SO WE WANNA CAN'T TALK ABOUT IT.
OKAY? AND THIS PERSON, PROSECUTORS, DEFENSE ATTORNEY, THE FAILED PEOPLE, I'LL GIVE YOU ALL THAT.
[01:25:01]
HEAR.AND IT'S NOT CASE SPECIFIC OR ANYTHING.
I DON'T, YOU SAID I DON'T LIKE THE LAW.
HARRIS COUNTY'S PROBABLY DOUBLED IN SIZE IN THE LAST 20 YEARS WE'VE GOTTEN ONE COURT.
HOW CAN WE NEVER HEAR ANY ABUSE SPEAKING IN GENERALITIES ABOUT WE NEED MORE COURTS, COMMISSIONERS, BOARD COMMISSIONER COURT IS NOT FUNDING US FOR THE THINGS THAT WE NEED.
PRETRIAL SERVICES HAS NO EMPLOYEES.
WE DON'T, YOU MAY BE SAYING BEHIND THOSE DOORS, BUT TO GIVE YOURSELF CREDIBILITY, WHICH YOU GUYS HAVE CREDIBILITY OR JUDGES.
BUT TO GIVE YOURSELF CREDIBILITY, YOU HAVE TO REACH OUT AND CALL PEOPLE OUT WHO ARE NOT PULLING THEIR WEIGHT IN THE SYSTEM.
BECAUSE NOBODY HERE, IT'S NOT IN NEWS, IT'S NOT ANYWHERE.
SO BE A VOCAL SUPPORTER OF CHANGE TO GET THINGS MOVING.
IF, IF, IF THAT'S THE CASE SPECIFIC.
OKAY, WELL, WE CAN'T ADVOCATE FOR CHANGES IN THE LAW.
I WILL TELL YOU THAT IT'S NOT THE COMMISSIONER'S COURT THAT CREATES NEW COURTS IN HARRIS COUNTY, NEW DISTRICT COURTS.
I DO KNOW THAT, UH, SEVERAL OF OUR, OUR, OUR CONGRESS FOLKS THAT, THAT WERE UP THERE IN AUSTIN REQUESTED ADDITIONAL COURTS MORE THAN JUST THE FOUR 82ND.
AND FOR WHATEVER REASON, I DON'T KNOW THAT THAT WAS NEVER TAKEN UP HEAR TELLING ALL.
BUT LISTEN AGAIN, THAT IS BECAUSE BECAUSE THAT IS A LEGISLATIVE ACTION AND WE CANNOT ADVOCATE FOR LEGISLATION.
THAT IS AN ETHICAL RULE THAT'S PUT IN PLACE, IN PLACE FOR THE SEPARATION OF POWERS.
OKAY, SO MOVING ON TO THE NEXT QUESTION.
WE JUST HEARD THIS YOUNG LADY IN THE FRONT ROW BRING UP PR BONDS.
UM, THIS QUESTION IS FOR JUDGE UNGER.
UM, WE KNOW THAT JUDGES SOMETIMES USE THEIR DISCRETION AND GRANT A PR BOND, A PERSONAL RECOGNIZANCE BOND.
WHEN IS IT APPROPRIATE TO GRANT A BOND LIKE THAT? WELL, THAT DEPENDS.
I MEAN, MISDEMEANOR, THAT WASN'T ONE OF THE QUESTIONS ORIGINALLY FOR ME.
I DON'T KNOW IF IT WAS, I SWITCHED IT BECAUSE HER QUESTION I WAS GONNA ASK HER.
NOT A YOU WANT ME TO TAKE IT? I MEAN, IT'S, IT'S, IT'S THE SAME.
I MEAN, IT'S THE SAME UNSATISFYING ANSWER, RIGHT? IT DEPENDS ON THE CIRCUMSTANCES.
FOR THE MOST PART, IT IS THE MISDEMEANOR COURTS THAT YOU'LL SEE THAT IN.
THERE ARE SOME LOW LINE MICROPHONE.
UM, MOST OF THE TIME YOU'LL SEE THE PR BONDS.
IN THE MISDEMEANOR CASES YOU WILL SEE, UM, SOME PR BONDS IN VERY, VERY, VERY LOW LEVEL, UM, DRUG CASES WHERE YOU'VE GOT, UM, LESS THAN A GRAM.
SO VERY, VERY SMALL AMOUNTS OF DRUGS, UM, VIOLENT CASES, YOU'RE GENERALLY NOT GONNA SEE IT.
NOW, YOU'VE GOTTA ALSO UNDERSTAND, AND THERE'S A FEW THINGS I JUST WANT ALL OF YOU TO UNDERSTAND ABOUT HOW, WHAT WE HEAR IN CASES WHEN THEY COME TO US, SOMETIMES A CASE LOOKS REALLY BAD ON ITS FACE, BUT YOU FIND OUT, AND THE STATE WILL GIVE YOU FACTS THAT REALLY DON'T MAKE IT OUT TO BE THE SAME, WHAT IT LOOKS LIKE ON PAPER.
AND THAT IS JUST, IT IS NOT ANYONE'S FAULT.
IT'S JUST HOW THE FACTS FELL INTO THEIR LAP.
UM, SOMETIMES WHAT YOU HEAR ON TELEVISION A YEAR LATER IS NOT WHAT WE HEAR WHEN THE STATE IS ORIGINALLY TELLING US INFORMATION FOR US TO SET BONDS.
AND THAT IS NOT THAT THE STATE ISN'T THE PRO BY THE STATE.
I MEAN THE PROSECUTORS, THE DA'S OFFICE.
IT'S NOT THAT THEY'RE NOT DOING THEIR JOB.
IT'S THAT OFTENTIMES THESE CASES COME TO US WHEN THERE'S POLICE ARE STILL INVESTIGATING.
AND SO WE HEAR EVIDENCE THEY DON'T HAVE IT.
THEY DON'T HAVE EVERYTHING WRAPPED UP IN A BOW WHEN SOMEONE IS ARRESTED TWO DAYS BEFORE, ESPECIALLY ON THE MORE SERIOUS CASES.
SO BY THE TIME YOU HEAR THE FACTS OF CASES, WHICH ARE USUALLY A YEAR DOWN THE ROAD, THEY, WHAT YOU HEAR IN THE NEWS VERY FREQUENTLY IS NOT WHAT WE HEARD RIGHT AFTER THEY ARRESTED.
NOW, SOMETIMES IT IS, BUT VERY FREQUENTLY AND IT'S, IT'S JUST NOT.
UH, BUT THIS WASN'T THE QUESTION THAT I WAS ORIGINALLY GONNA GET, SO I'M GONNA ASK IF YOU HAD ANYTHING ELSE TO SAY.
SO, UH, WE KNOW THAT IT'S, IT'S GETTING HOT IN HERE, WHICH IS PROBABLY WHY OUR FIRE CHIEF CHIEF PENA SHOWED UP TO, TO COOL THINGS DOWN.
UM, OKAY, SO OUR NEXT QUESTION IS
[01:30:01]
GONNA BE FOR JUDGE MARTIN.UM, THIS IS ABOUT, YOU KNOW, WHO SETS THE FELONY BONDS IN HARRIS COUNTY? OKAY, SO HOW IT HAS BEEN, THINGS HAVE CHANGED A LITTLE BIT IN THE LAST FOUR OR FIVE WEEKS 'CAUSE OF THE DAMON ALLEN ACT, OTHER ISSUE.
BUT HISTORICALLY HOW IT'S BEEN IS YOU GET ARRESTED.
MOST OFFENSES, YOU GO BEFORE A MAGISTRATE AND THE MAGISTRATE WILL HEAR PC, THE MAGISTRATE CAN DETERMINE BOND, AND THE MAGISTRATE CAN SET BOND CONDITIONS.
AND WHEN YOU SAY PC, YOU MEAN, I'M SORRY, PROBABLE CAUSE.
THAT'S THE BASE LEVEL OF, OKAY, DO WE HAVE ENOUGH HERE TO ESTABLISH THAT A CRIME WAS COMMITTED? DO WE HAVE THE ELEMENTS? ARE THE ELEMENTS MET? YES, THERE'S PC SET A BOND, GIVE THE DEFENDANT THEIR STATUTORY WARNINGS.
UM, THE PERSON CAN BOND OUT AT THAT POINT AND THEIR COURT DATE WILL BE WHENEVER THE PERSON MAY NOT BE ABLE TO MAKE BOND.
WE MAY SEE THEM AT THE, AT THEIR NEXT SETTING FOR SOME REASON, IF THE ATTORNEYS APPROACH ON IT, THE MAGISTRATES ARE UNIQUE IN THIS REGARD.
THEY ARE HIRED AND FIRED BY A COMMITTEE.
EARLIER I HAD SAID, I THINK IT'S OUR, I THINK IT'S VERY IMPORTANT FOR JUDGES TO BE INVOLVED IN ALL FACETS OF THE SYSTEM.
I SIT ON THAT COMMITTEE BECAUSE THOSE ARE PEOPLE MAKING DECISIONS THAT ARE VERY, VERY, VERY IMPORTANT.
AND I WANTED TO VOLUNTEER TO BE ON THE COMMITTEE TO REVIEW WHAT WAS HAPPENING IN MAGISTRATE COURT TO SEE WHAT WAS GOING ON, WHO WAS HEARING WHAT INFORMATION WHEN.
BUT THIS GOES BACK TO THE ISSUE OF WE NEED MORE COURTS.
MAGISTRATES ARE HIRED AND FIRED BY A COMMITTEE THAT INCLUDE MISDEMEANOR JUDGES, FELONY JUDGES, AND JP JUDGES.
BECAUSE ALL THREE OF THOSE GROUPS OF JUDGES HAVE SOME SORT OF BOND SETTING CAPABILITIES.
THEY'RE HIRED AND FIRED BY A COMMITTEE.
THERE IS NO ELECTION FOR THEM.
EVERY TIME WE ADD MAGISTRATES HERE, ASSOCIATE JUDGES HERE, ASSISTANT, THIS NOT HERE.
WHAT THOSE ARE, THOSE ARE PEOPLE THAT THE ELECTORATE HAS NO SAY ON BECAUSE WE IN COMMITTEES HIRE AND FIRE THEM.
SO THAT'S PART OF THE PROBLEM IS WHAT WE WERE SEEING A YEAR, YEAR AND A HALF AGO.
I GOT A CALL ONE MORNING SAYING, HOW DARE YOU LET THAT COP KILLER OUT ON A $35,000 BOND.
I, IT TURNS OUT THAT'S NOT WHAT HAPPENED.
UM, SOMETHING HAPPENED AT MAGISTRATE COURT.
I WALK INTO THE OFFICE AND NOW THIS CASE IS IN FRONT OF ME.
AND I THINK THAT HAPPENED TO EVERY ONE OF US.
DOZENS OF TIMES BEING TOLD SOMETHING HORRIBLE HAD HAPPENED AND WE, WE COULDN'T FIGURE OUT WHERE IT WENT WRONG.
HERE'S THE OTHER HITCH IN THE GIDDY UP BEFORE US.
OUR PREDECESSORS TOLD THE MAGISTRATES HOW THEY WANTED THEM TO BEHAVE.
THEY COULDN'T SET BONDS ON CERTAIN CASES.
CERTAIN VIOLENT FAMILY LAW CASES SEE, SEEMS REASONABLE.
HOWEVER, ALL OF THOSE JUDGES WERE DISCIPLINED FOR THAT.
WE ARE NOT ALLOWED TO DIRECT THE MAGISTRATES IN THEIR BOND SETTING FUNCTION.
WE ARE JUDGE, THAT'S NOT CORRECT.
THE JUDGES WERE NOT ALL DISCIPLINED.
THEY WERE NOT ALL DISCIPLINED.
AND I THINK A NUMBER OF THEM THAT WAS UNDONE AS WELL.
THERE WAS A HANDFUL WHO HAD ORDERS OF, FOR SPECIFIC TYPES OF CASES, CORRECT? CORRECT ME PLEASE AGAIN.
AND THEY, IT WOULD BE FAMILY VIOLENCE IN CERTAIN CASES THEY WERE ABSOLUTELY PROHIBITED FROM SETTING PR BONDS ON.
ESPECIALLY FOR A LOT OF RESPECT FOR JUDGE KINNEY.
YOU KNOW HOW WE TALKED EARLIER ABOUT EARLIER ABOUT HOW YOU GET RID OF A BAD JUDGE.
THERE'S THE EASIEST SOMETIMES WAY TO GET RID OF A JUDGE, GOOD OR BAD, IS THE STATE COMMISSION ON JUDICIAL CONDUCT.
THEY CAN REMOVE A JUDGE FROM THE BENCH.
SO WE CAME ALONG, WE ARE NOW EXPERIENCING THE, OH, GUESS WHAT, SOMEONE DIED AND WE THINK YOU SET THAT BOND.
AND WE CAN'T TELL THE MAGISTRATES WHAT TO DO.
WE'RE NOT ALLOWED TO GIVE THEM ANY GUIDELINES WHATSOEVER.
AND THAT'S WHERE IT COMES INTO.
NOW YOU'LL FIND THAT MOST OF US REVIEW BONDS THAT HAVE ALREADY BEEN SET MUCH MORE FREQUENTLY THAN OUR PREDECESSORS DID, BECAUSE WE KNOW THAT THE CONSEQUENCES OF TRYING TO DIRECT THEM ARE DIRE.
AND SO WHAT IS THE PROCESS IF A MAGISTRATE SETS A LOW BOND AND IT GOES INTO THE ELECTED DISTRICT COURT'S, UH, ELECTED DISTRICT COURT, JUDGE'S COURT, WHAT IS THAT PROCESS FOR RAISING THE BOND OR GETTING THAT BOND CHANGED? AND THAT WAS WHAT THAT JUDGE NTU HAD, HAD ALLUDED TO EARLIER.
IT IS, HAS TO BE BROUGHT TO OUR ATTENTION, FIRST OF ALL, BECAUSE WHO KNOWS IF IT'S WHAT THE SETTING IS, WHAT THEY'RE DOING, WHY THEY'RE GONNA BE IN COURT THAT DAY.
IF IT'S BROUGHT TO OUR ATTENTION, WE CAN THEN LOOK AT THE CASE AND THAT'S WHEN WE CAN EXAMINE THE FACTORS.
THERE'S DIFFERENT MECHANISMS FOR CHANGING THE BOND.
THE BOND, DEPENDING ON WHETHER OR NOT ANY KIND OF MOTION HAS BEEN MADE.
BUT WE DO HAVE A MECHANISM THROUGH WHICH WE CAN SAY, LOOKING AT X, Y, AND Z, I FIND THIS BOND INSUFFICIENT.
A JUDGE'S DECISION IN THAT REGARD IS CURRENTLY ON REMAND TO THE COURT OF APPEALS.
[01:35:01]
UM, SO WE'RE NOT SURE IF OUR, OUR ABILITY TO MAKE THOSE DECISIONS IN THAT WAY IS GONNA REMAIN AS IT IS.BUT FOR RIGHT NOW, WE DO HAVE THE OPTION OF SAYING, LET ME EXAMINE EVERYTHING HERE AND DETERMINE IF THIS BOND IS TRULY SUFFICIENT, IF IT'S BROUGHT IN FRONT OF ME.
AND SO JUST TO CLARIFY, SO YOU SAID THAT, YOU KNOW, WE KNOW THAT THE DISTRICT COURT JUDGES ARE ELECTED YES.
AND THAT THE MAGISTRATES ARE HIRED AND FIRED BY A COMMITTEE.
AND SO IF THE PUBLIC, YOU KNOW, THEY DON'T LIKE WHAT A DISTRICT COURT JUDGE IS DOING, WE VOTE MM-HMM
AND WHAT DOES THE PUBLIC DO IF WE DON'T LIKE WHAT THE MAGISTRATES ARE DOING? THE ONLY THING YOU COULD DO WOULD BE VOTE FOR THE JPS, THE MISDEMEANORS AND THE DISTRICT COURT JUDGES ON THAT COMMITTEE.
COULD IS THERE A WAY TO, UM, COMMUNICATE WITH THE COMMITTEE OR SUBMIT LETTERS OR CONCERNS? I PRESUME THERE IS A WAY TO DO THAT.
I'M NOT SURE WHAT THE RULES GOVERNING ACTUALLY THE ABILITY OF US TO BE ABLE TO REVIEW THEM.
HOW MANY MAGISTRATES DO WE HAVE IN HARRIS COUNTY? OH, UH, GOSH, I DON'T EVEN KNOW.
YOU WERE SAYING EIGHT OR NINE.
WE STILL STILL HAVE EMPTY SPOT.
WE'VE, WE'VE HAD AN EMPTY SPOT SINCE I'VE BEEN ON THE COMMITTEE FOR TWO YEARS.
I SORRY, WHAT? IT, IT'S OBVIOUSLY IT'S BROKEN.
I I AM I AM I AM VERY VOCAL ABOUT THAT BEING.
WOULD YOU LIKE TO TAKE A QUESTION? I LOST MY JOB BECAUSE I
NOW, MR. ARE REFERRED TO A LAWSUIT THAT LIBERALIZED BOND PROCESSES, I MEAN BY THAT LIBERALIZED, I MEAN, UH, LOWER THE BONDS AND MADE IT MORE AVAILABLE.
UH, MY QUESTION IS, WHO FINANCE THIS LITIGATION? AND IS THERE A LEGISLATIVE FIX THAT CAN BE APPLIED? AND BY WHICH LEGISLATURE IS, IS THIS A STATE, COUNTY OR MUNICIPAL, UH, LEGISLATIVE FIX THAT CAN BE APPLIED TO QUESTION THAT HE HAD IS WHAT CAN WE DO ABOUT, ARE YOU TALKING ABOUT THE O'DONNELL LAWSUIT OR I DUNNO.
IS THAT WHAT WE'RE TALKING ABOUT? O'DONNELL WAS REFERRED TO A MISDEMEANOR.
IT WAS A FEDERAL, UH, SETTLEMENT.
SO WHAT HAPPENED WAS, UM, IN O'DONNELL IT, IT ADDRESSED STRICTLY MISDEMEANOR BONDS.
SOME OF THE PLAINTIFFS THAT, THAT ENDED UP BEING NAMED PLAINTIFFS PICKED UP ON, UM, SHOPLIFTING WERE BEING HELD AT A $500 BOND AND THEY COULDN'T GET OUT.
SO THIS LAWSUIT, A MAJOR, MAJOR FEDERAL LAWSUIT EN SUED THE MISDEMEANOR.
JUDGES AT THE TIME FOUGHT THE LAWSUIT SAYING, WAIT A MINUTE, WE DON'T NEED TO BE SUED INTO CORRECTION FOR THIS.
UM, THE, THE LITIGATION WENT BACK AND FORTH, BACK AND FORTH.
THE PLAINTIFFS BASICALLY REPRESENTED DEFENDANTS AS A CLASS.
SO THE PLAINTIFF'S ATTORNEY SAID, NO, YOU SHOULD BE ABLE TO JUST GET OUT ON MISDEMEANOR BONDS.
I AM PARAPHRASING THIS HORRIBLY CRUDELY.
SO IF SOMEBODY WHO'S MORE ARTICULATE ABOUT THAT, SO THE PLAINTIFFS ARE SAYING, NO D DEFENDANTS SHOULD NOT HAVE TO BE KEPT IN JAIL JUST BECAUSE THEY'RE POOR ON MISDEMEANOR BONDS.
BACK AND FORTH, BACK AND FORTH, BACK AND FORTH.
THEN 20 19, 20 19, YOU GET A WHOLE NEW CLASS OF JUDGES THAT INCLUDED US.
THIS WAS NOT A FELONY JUDGE LAWSUIT.
THE MISDEMEANOR JUDGES THAT CAME IN WITH US AGREED TO A CONSENT DECREE.
A CONSENT DECREE IS A FEDERAL ORDER SAYING WE HAVE CONTROL.
WE'RE GONNA TELL YOU HOW TO RUN YOUR BUSINESS.
MISDEMEANOR COURTS ARE STUCK IN THIS CONSENT DECREE THAT THEY AGREED TO.
NOTHING LIKE THAT HAS HAPPENED ON THE FELONY SIDE, WE WERE SUED IN A VERY SIMILAR VEIN.
ALMOST ALL OF THE JUDGES FOUGHT THE SUIT ON THE FELONY SIDE.
YOU ARE NOT GONNA FORCE US TO LET PEOPLE JUST WALK ON THROUGH.
ULTIMATELY WE GOT OUT OF THAT LAWSUIT.
AND MARIO, I'M SURE THINK WE'LL ADDRESS THIS LATER.
WHAT HAPPENS WAS WE GUTTED THEIR BUSINESS ONCE YOU TOOK MISDEMEANOR BONDS AWAY FROM BONDING COMPANIES.
THEY, I I, I DON'T, I COULDN'T EVEN TELL.
I'M SURE YOU KNOW THE NUMBERS OF THE PERCENTAGE.
WELL, WHAT HAPPENS? YOU, THEY HAVE NO MORE MISDEMEANOR BUSINESS.
THEY HAVE TO RELY ON FELONIES.
THEY CAN'T CHARGE 20, 25, 30% ANYMORE TO PEOPLE ON FELONIES 'CAUSE THEY'VE GOT TO GET THE BUSINESS.
AND PEOPLE CAN'T AFFORD THE HIGH BONDS THAT WE'RE NOW SETTING.
[01:40:01]
PERFECT STORM AND NOW WE GOT BLAMED, BUT THEN WE GOTTA BLAME YOU GUYS.AND I NOT, I'M NOT, I CAN'T REMEMBER WHO YOU GUYS FOR, FOR FOUR YEARS WE DIDN'T DO ANY BONDS.
SO HOW THIS SNOWBALLED BY ITSELF, IT'S KIND OF IRONIC THAT NOW WE'RE GETTING BLAMED.
WHEN I ACTUALLY SPOKE BEFORE COMMISSIONER'S COURT IN 2019 AND TOLD THEM THAT THIS WOULD HAPPEN, I SAID, WHEN YOU REMOVE ACCOUNTABILITY, THERE'S NO BALANCE.
AND UH, ADRIAN GARCIA ASSURED ME THAT THIS CONSENT DECREE HAD BALANCE AND ACCOUNTABILITY.
SO TO WATCH HIM STAND WITH VICTIMS NOW IS, IS IRONIC BECAUSE THAT'S POLITICAL GRANDSTANDING.
THAT'S TERRIBLE TO USE VICTIMS BECAUSE YOUR PAIN IS REAL AND YOUR LOSS IS REAL.
BUT THIS HAS BEEN, THIS HAS BEEN SNOWBALLING THIS WAY FOR FOUR YEARS.
AND THE MISDEMEANOR BONDS, YES WE DID LOSE, BUT THEY LOST A, WE LOST THIS COUNTY LOST A LOT MORE THAN JUST THAT.
THEY LOST THE ACCOUNTABILITY FACTOR.
AND NOW IT'S JUST A CONVENIENT SOMEBODY TO BLAME.
SO IS THE, IS THE FIX FOR THIS THEN, DOES THIS COME FROM FEDERAL CONGRESS? CAN I EXPAND ON SOMETHING ABOUT THAT JUST REAL QUICK? UM, FIFTH CIRCUIT? NO, NO, GO FOR MARIO.
THE FIFTH CIRCUIT COURT OF APPEALS, WHICH HAS SOME TEETH IN THIS, SAID THAT DEFENDANTS DO NOT HAVE A RIGHT TO BE FREE FROM A WEALTH BASED DETENTION.
THEY DO NOT HAVE A RIGHT TO AFFORDABLE BAIL.
THEY ALSO SAID YOU'RE NOT TO DO AWAY WITH SECURED BAIL.
SO IF YOU THINK ABOUT THAT, WHAT THE FIFTH CIRCUIT, WHICH IS HIGHER IN THE FEDERAL COURT, WAS ON AN APPEAL, BUT THEY SETTLED IT BEFORE IT COULD, THAT APPEAL COULD BE, UH, COMPLETED.
SO BEING POOR DEFENDANTS DON'T HAVE A RIGHT TO THAT PR BOND OR THAT GEO BOND SIMPLY BECAUSE THEY'RE POOR.
THEY DO NOT HAVE A RIGHT TO BE FREE FROM WEALTH BASED DETENTION.
THAT'S WHEN PEOPLE GO OUT AND TOUT THE, THE O'DONNELL SETTLEMENT AND THE FEDERAL SETTLEMENT.
THEY FORGET TO TELL YOU ABOUT THAT PART.
THAT JUST, YOU HAVE TO REMEMBER THAT YES, INDIGENCY CAN BE CONSIDERED, BUT IT SHOULDN'T BE THE WHOLE REASON FOR LETTING PEOPLE OUT.
UM, AS A MEANT AS ALSO MENTAL HEALTH.
UH, THERE ARE NO MORE PSYCHE EVALUATIONS THAT I SEE ANYMORE.
SO NOW THEY'RE RELEASING PEOPLE ON PR BONDS BEFORE THEY GET THAT HELP.
AND I I I, I USED TO BOND 'EM OUT AFTER THEY GOT THEIR 21 DAY PSYCH EVAL AND THEN I WOULD BOND 'EM 'CAUSE THEY WERE STEADY ON THEIR MEDS.
SO THERE'S A MIXTURE OF A LOT OF THINGS IN THIS GROUP OF PEOPLE.
DIFFERENT JUDGES WILL SAY THIS OR THAT, BUT I LOOK AT THOSE ORDERS ON THE ACTIVITIES AND I DON'T SEE A PSYCHE EVALUATION.
SO YOU HAVE PEOPLE WITH MENTAL HEALTH ISSUES WHO ARE OUT ON THESE BONDS AS WELL.
SORRY, CAN I JUST WANNA ADDRESS ONE THING THAT YOU HAD MENTIONED, AND THIS HAS TO DO WITH MEDICATION AND, AND THIS IS SOMETHING BECAUSE OF MY BACKGROUND AND WHAT I'VE WORKED ON IS VERY IMPORTANT TO ME.
THERE IS AN ENTITY THAT WE WORK WITH ROUTINELY.
UM, IT'S CALLED THE REENTRY PROGRAM, THAT WE CAN MAKE SURE THAT WE CAN GET PEOPLE THEIR 30 DAY SUPPLY OF PSYCHIATRIC MEDICATION BEFORE THEY LEAVE.
WHEN I SEE IN ALL OF US, WHEN WE SEE THAT SOMEBODY NEEDS THAT, WE WILL SAY, YOU KNOW WHAT? YOU GO HAVE AN EVALUATION WITH REENTRY PROGRAM.
WE WILL MAKE SURE THAT YOU GET HOOKED UP TO WHATEVER MEDICATION YOU NEED.
AND THEN THERE NEEDS TO BE THAT ACCOUNTABILITY EVERY MONTH WHEN YOU GO SEE PRETRIAL, YOU NEED TO SHOW THEM THAT YOU'VE HAD THAT MEDICATION, THAT IT'S NOT NECESS THAT IS JUST TIED TO A LOT OF US WITH, AS FAR AS BONDS, IT'S MY BONDS.
I, WHEN I HAVE PEOPLE THAT I SEE HAVE SEVERE MENTAL HEALTH PROBLEMS, I AM ADAMANT THAT THEY ADDRESS IT.
AND IF THEY'RE NOT ADDRESSING IT WHEN THEY'RE OUT, I'LL MAKE SURE, I'LL EITHER PUT 'EM ON HOUSE ARREST OR I'LL PUT 'EM IN THE JAIL.
IT'S JUST THEY NEED TO STAY ON THEIR MEDICATION.
SO WE'RE GETTING CLOSE TO THE EIGHT O'CLOCK DEADLINE AND SO WE'RE JUST GONNA KIND OF MOVE THROUGH SOME OF THESE QUESTIONS A LITTLE BIT FASTER.
SO, UH, LET'S KEEP OUR ANSWERS A LITTLE BIT SHORTER AND NOW WE'RE TO YOU JUDGE GEDO.
UM, WE HEAR A LOT ABOUT THE HARRIS COUNTY JAIL BEING OVERCROWDED.
UM, THIS IS A TWO PART QUESTION.
ONE IS THE HARRIS COUNTY JAIL OVERCROWDED.
AND SECOND PART TO THAT, IS THAT CONSIDERED, IS JAIL CROWDING CONSIDERED WHEN JUDGES SET BONDS? YES.
UM, YOUR HARRIS COUNTY JAIL IS OVERCROWDED.
AND THE REASON IS THE, UH, WE HAVE TOO MANY PENDING CASES.
I'M SURE Y'ALL HEARD RECENTLY IN THE NEWS THAT SOME OF THE PEOPLE IN JAIL, WE ACTUALLY HAD TO SEND TO LOUISIANA, UM, BECAUSE THERE WASN'T ENOUGH ROOM IN THE COUNTY JAIL.
UM, SO YES, THAT'S, THAT'S JUST A FACT.
UM, AND IT'S BEEN THAT WAY QUITE HONESTLY FOR YEARS.
UM, TWO, NO, THE, THE FACTORS THAT YOU HEARD JUDGE ANTU AND SOME OF THE OTHER JUDGES REFER TO IN 1715
[01:45:01]
OF THE CODE OF CRIMINAL PROCEDURE, THAT IS WHAT GOVERNS WHAT WE ARE ALLOWED TO CONSIDER REGARDING BOND.NOW, THE ONLY CAVEAT THAT I WILL GIVE IS THAT DURING THE ONCE IN A CENTURY, FINGERS CROSSED COVID PANDEMIC, OF COURSE IT WEIGHED ON US THAT THERE WAS, UM, THE CO CORONAVIRUS GOING THROUGH THE JAIL.
AND SO I IMAGINE, I WON'T SPEAK FOR MY COLLEAGUES, BUT THERE WAS CONCERN.
IT CERTAINLY WEIGHED ON ME THAT THERE WAS AN OVERCROWDED JAIL, WHICH IS DANGEROUS FOR THE BAILIFFS.
IT'S DANGEROUS FOR ALL OF THE CIVILIAN STAFF THAT COMES IN AND OUT OF THEIR PSYCHIATRISTS, PSYCHOLOGISTS AS WELL AS THE, AS THE PEOPLE WHO ARE HOUSED THERE.
UM, SO CERTAINLY THAT, THAT WEIGHED ON US AND IT MIGHT HAVE INFLUENCED THAT FACTOR.
BUT THE SOLUTION TO THE HARRIS COUNTY JAIL OVERCROWDING PROBLEM, IN MY OPINION, IS TO TRY CASES, IS TO GET CASES TO RESOLUTION THAT IS THIS COUNTY'S SOLUTION.
THAT'S WHY WE ARE TRYING, OR I'LL SPEAK FOR MYSELF, THAT'S WHY I'M TRYING CASES AT THIS CLIP.
WHEN YOU GET CASES QUICKLY TO RESOLUTION, PEOPLE AREN'T ON BOND FOR A LONG TIME AND THEY'RE NOT IN THE COUNTY JAIL FOR A LONG TIME.
SO, LONG STORY SHORT, THAT IS NOT A FACTOR THAT IS SET OUT IN THE CODE FOR US TO CONSIDER, BUT I DO BELIEVE THAT MANY OF US, IT WEIGHED ON US DURING THE PANDEMIC.
UM, OKAY, OUR NEXT QUESTION WAS FOR JUDGE MORTON, BUT YOU'VE KIND OF ALREADY TOUCHED ON IT.
IT WAS ABOUT CONDITIONS THAT JUDGES CAN SET WHILE SOMEONE'S ON BOND.
AND YOU TALKED ABOUT ANKLE MONITORS AND HOUSE ARREST AND THINGS LIKE THAT.
SO WE'RE GONNA MOVE ON TO JUDGE UNGER.
UM, WHEN A FELONY DEFENDANT IS OUT ON BOND AND THEN THEY VIOLATE THEIR BOND CONDITIONS, WHAT, UM, ARE THERE CERTAIN THINGS, UM, ARE CERTAIN CONDITIONS THAT HAVE TO BE MET FOR A DEFENDANT TO HAVE THEIR BOND REVOKED OR FORFEITED? ABSOLUTELY, YES.
THERE IS THE TEXAS, UM, CONSTITUTION AS WELL AS A CODE OF CRIMINAL PROCEDURE CITES OUTWEIGHS THAT THAT CAN BE DONE.
AND IT'S BASICALLY IF A PERSON VIOLATES A CONDITION OF BOND THAT RELATES TO COMMUNITY SAFETY OR SAFETY OF THE VICTIM, IF THE STATE REQUESTS A HEARING AND IF THE HEARING IS HELD AND IF THEY MEET THEIR BURDEN, BE BY A PREPONDERANCE OF EVIDENCE, THEN WE CAN HOLD A MINUTE NO BOND.
AND AS JUDGE MORTON HAD MENTIONED, WE ARE DOING MORE AND MORE OF THOSE HEARINGS.
I DO NOT KNOW OF ONE TIME THAT I'VE HEARD OF ANY JUDGE SAYING, NO, YOU CAN'T HAVE THIS HEARING.
I CAN TELL YOU IN MY COURT, I DON'T KNOW ABOUT THE OTHER ONES.
I COULD TELL YOU I'VE NEVER HEARD OF A JUDGE WHERE THE STATE HAS MET ITS BURDEN THAT THEY HAVE NOT GRANTED THE STATE'S MOTION.
AND I WILL TELL YOU IN MY COURT, EVERY SINGLE TIME THAT THEY'VE HAD A MOTION SO FAR, THEY'VE MET THEIR BURDEN AND WE HAVE HELD PEOPLE IN AT NO BOND.
THIS IS VERY IMPORTANT BECAUSE AS THAT QUOTE THAT I TOLD YOU FROM BACK IN 2018, THAT PEOPLE WERE GETTING OUT ON BOND AFTER BOND AFTER BOND, THE ONLY WAY THAT WE CAN HOLD PEOPLE IN AT NO BOND IS BY HAVING THOSE HEARINGS.
AND IT'S ESPECIALLY IMPORTANT.
NOW, I WILL TELL YOU THAT I'VE HAD PEOPLE, AND WE'VE ALL PROBABLY HAD THESE SITUATIONS THAT I'VE SET BOND ON SOMEBODY, THEN THEY'LL GO OUT AND I'LL SAY, OKAY, WE'LL DOUBLE THE BOND, THEN THEY'LL GO OUT AGAIN AND GET REARRESTED.
AND AT SOME POINT I'M LOOKING AT THE STATE AND I'M LIKE, ARE YOU FILING A MOTION? NOTHING.
IT'S NOT FINALLY, AFTER THREE OR FOUR OR FIVE TIMES, I KEEP DOUBLING AND DOUBLING AND DOUBLING PEOPLE.
I'VE HAD PEOPLE MAKE $300,000 IN BONDS AT REALLY FAST CLIP.
AND FINALLY, YOU KNOW, NOW WE ARE DOING THESE HEARINGS AND WE ARE HOLDING PEOPLE IN AT NO BOND.
I THINK IT'S IMPORTANT THAT WE GET THOSE HEARINGS AND THAT THE STATE, UM, JUST GO AND BY THE STATE, I MEAN THE DA'S OFFICE, THEY GO FORWARD WITH THEM, ESPECIALLY ON THOSE VIOLENT CASES.
AND SO JUST TO KIND OF RECAP WHAT YOU SAID, IF THE STATE HAS A MOTION TO DO THIS HEARING WITHIN A CERTAIN AMOUNT OF TIME, A JUDGE CAN HOLD A DEFENDANT AT NO BOND.
UM, IF THE STATE MISSES THAT DEADLINE, THE JUDGE CAN STILL SET ANOTHER BOND.
WELL, SORT OF WHEN IT COMES TO A MOTION TO REVOKE, THERE IS NO BOND, THERE'S NO DEADLINE LIKE THAT.
THERE CERTAIN PROVISIONS OF THE
SO, UM, AND HILLARY, I WAS GONNA ANSWER THIS, IF YOU OKAY, YOU CAN ANSWER.
BUT AS FAR AS MOTION TO REVOKE BONDS, WHICH WAS THE, THE QUESTION THAT YOU ASKED ME, THERE IS NO DEADLINE.
AND FREQUENTLY IT'LL BE THREE AND FOUR WEEKS.
I'VE HAD 'EM AT FIVE WEEKS, SIX WEEKS, WHERE THE STATE WOULD HAVE, WILL FINALLY HAVE THE HEARING.
OKAY, I'M GONNA TRY TO MAKE THIS QUICK AND NOT BORING.
SO THE ONLY WAY THAT A JUDGE CAN DENY SOMEONE BAIL
[01:50:01]
WITHOUT THE STATE REQUESTING A HEARING, PUTTING ON EVIDENCE AND MEETING A BURDEN IS IF THE PERSON IS ON A STRAIGHT PROBATION AND THEY'VE ALREADY BEEN CONVICTED OF A FELONY, IF THEY HAVE A MOTION TO REVOKE THAT PROBATION, THE COURT CAN HOLD THEM WITHOUT BAIL.UM, WITHOUT THE STATE OF TEXAS HAVING TO DO ANYTHING OUTSIDE OF THAT.
WHAT GOVERNS, THIS IS THE TEXAS CONSTITUTION.
THERE IS A SECTION CALLED 11 A UNDER 11 A, THE STATE HAS TO FILE A MOTION REQUESTING A HEARING.
THAT HEARING, DEPENDING ON WHAT THEIR ALLEGATIONS ARE, HAVE TO HAPPEN, GET THIS WITHIN 48 HOURS OF THE ARREST OR WITHIN SEVEN DAYS.
IN MANY OF THOSE SITUATIONS, HOW LONG DO YOU THINK, LET'S SAY THE STATE FILES THEIR MOTION, WE HAVE OUR HEARING WITHIN THAT VERY SHORT PERIOD OF TIME, AND THE COURT FINDS THAT THE STATE MET THEIR BURDEN AND THEY DENY BAIL.
HOW LONG WOULD YOU EXPECT THAT THAT DEFENDANT ACCUSED CAN BE HELD WITHOUT BAIL? HAVING HAD THAT HEARING? 60 DAYS.
THE CONSTITUTION SAYS THAT EVEN AFTER THAT 11 A HEARING, THE PER THE DEFENDANT CAN ONLY BE HELD FOR 60 DAYS WITHOUT BAIL.
AND AFTER THAT, THE TEXAS CONSTITUTION MANDATES THAT WE HAVE TO, IS THAT EIGHT O'CLOCK THAT WE HAVE TO SET A BAIL LEGALLY? WHY IS IT THAT WAY? I HAVE A FEELING THAT WHEN IT WAS WRITTEN, TRIALS COULD HAPPEN WITHIN 60 DAYS.
YOU DIDN'T HAVE DNA, YOU DIDN'T HAVE FORENSICS, YOU DIDN'T HAVE BALLISTICS IN HARRIS COUNTY, RIGHT NOW, IT TAKES ONE YEAR TO GET THE BALLISTICS BACK.
IF A FIREARM WAS USED, IT TAKES NINE MONTHS TO GET THE NINE ONE ONE CALL IN.
IT CAN TAKE OVER A YEAR TO GET THE DNA ANALYSIS.
THAT IS HOW OVER BURNED WE ARE.
THAT 60 DAYS IS LONG GONE AND WE HAVE TO SET A BAIL.
NOW THE EXCEPTION IS WHAT JUDGE UNGER WAS TALKING ABOUT, WHICH IS 11 B.
11 B SAYS THAT IF SOMEONE IS ALREADY ON BOND, SO THAT'S ALREADY HAPPENED, THEY'RE ON BOND AND THEY VIOLATE A CONDITION OF THAT BOND THAT'S RELATED TO COMMUNITY SAFETY, THEN THE STATE CAN FILE A MOTION.
THEY HAVE TO REQUEST A HEARING.
AND THAT THAT HEARING, THEY HAVE TO PROVE BY A PREPONDERANCE TO THE EVIDENCE THAT THE DEFENDANT COMMITTED SOMETHING ON BOND THAT VIOLATED THE BOND CONDITIONS.
THOSE ARE THE HEARINGS THAT WE ARE HAVING EVERY WEEK.
EVERY WEEK WE ARE HAVING THOSE 11 B HEARINGS.
I HAD ZERO OF THOSE HEARINGS WHEN I WAS A PROSECUTOR.
AND I THINK JUDGE ANTU AND I THINK JUDGE MORTON, AND I THINK JUDGE GUINEA WOULD ALL AGREE THAT THOSE WERE VERY, VERY RARE UNTIL VERY, VERY RECENTLY.
SO ALL OF THAT, TO SAY LIMITED WAYS, BUT THERE'S ONLY ONE WAY WITHOUT THE STATE HAVING A HEARING, PUTTING ON EVIDENCE.
SO ONE FOLLOW UP TO THAT, JUDGE G***O.
SO THE LAST LEGISLATIVE SESSION, THERE WAS A PUSH TO GIVE JUDGES MORE DISCRETION TO HOLD DEFENDANTS AT NO BOND WHEN THEY WERE CHARGED WITH CERTAIN VIOLENT CRIMES.
DO YOU FEEL LIKE YOU HAVE THE TOOLS THAT YOU NEED TO BE ABLE TO DO THIS JOB? OR WOULD YOU LIKE TO HAVE MORE DISCRETION? IT'S A, I I THINK I'M A LITTLE BOUND.
ALL I WOULD SAY IS THAT, UM, I WANNA MAKE SURE I DON'T STEP INTO ANY ETHICAL GRAY AREA HERE.
QUESTIONS IN ANY AREA OR ALWAYS VERY NICE TO HAVE.
AND I THINK I, I HOPE, AND IF I'M IN TROUBLE, I'M IN TROUBLE.
I THINK WE CAN ALL AGREE THAT 60 DAYS IS NOT GONNA DO ANY GOOD FOR ANYBODY.
AND SO I I WILL STEP OUT ON MY ETHICAL LIMB AND SAY, I WOULD CERTAINLY HOPE THAT THAT 60 DAY LIMIT IS, IS UPDATED.
I, I GUESS THAT'S WHAT I CAN SAY, BUT, UM, THE, THE MORE DISCRETION YOU GIVE US, I THINK THE BETTER.
AND YEAH, I WOULD SAY THAT NOW I WAS, I WAS TALKING TO JUDGE UNGER AND I'M, I'M GONNA LET YOU GET UP HERE TOO.
SORRY, I'M GONNA LET YOU SPEAK.
UM, BUT JUDGE UNGER AND I WERE TALKING ABOUT HOW SHE'S FROM NEW YORK, AND I DON'T KNOW IF SHE ALREADY SAID THIS, BUT I WAS WATCHING LAW AND ORDER RECENTLY, AND I SAW THE PROSECUTOR GIVE UP AND SAY, I MOVED FOR REMAND.
AND I THOUGHT, OH MY GOSH, NO WONDER IT FEELS LIKE JUDGES CAN JUST HOLD PEOPLE WITHOUT BOND BECAUSE IN OTHER JURISDICTIONS THEY CAN.
AND SO I DON'T FEEL ETHICALLY LIKE I CAN STEP OUT AND TELL Y'ALL HOW TO VOTE OR WHAT THE LAW SHOULD BE OR IF TEXAS CONSTITUTION AMENDMENTS ARE NEEDED.
UM, THAT'S FOR THE VOTERS TO DECIDE.
UM, BUT THAT'S THE LAW AS IT IS RIGHT NOW.
JUDGE MOR, I DIDN'T WANNA GIVE A SHOUT OUT.
UH, YOU KNOW, JUST LIKE, UH, JUDGE G***O, WHEN I WAS A PROSECUTOR, THERE WERE ZERO OF THESE HEARINGS.
I DIDN'T SEE ONE UNTIL I WAS A DEFENSE ATTORNEY.
AND I HAD IT IN FRONT OF MY GOOD FRIEND, JUDGE GUINEA, THE VERY FIRST ONE I EVER SAWS THE LAW BECAUSE SHE KNOWS THE LAW, CAPITAL MURDER ARE, ARE YOU ABLE TO DENY LAW, CAPITAL MURDER OR NO? IF THERE'S A HEARING
SO IF SOMEONE IS CHARGED WITH CAPITAL MURDER, AND THANK YOU FOR BRINGING IT UP YOUR RIGHT, THAT IS THE EXACT, THAT IS AN EXCEPTION.
BUT AGAIN, IT REQUIRES WHAT'S CALLED A PROOF EVIDENT HEARING.
[01:55:01]
HAS TO REQUEST THE HEARING.THERE IS NO TIME LIMIT ON THIS AS FAR AS I KNOW, Y'ALL CAN CORRECT ME IF I'M WRONG.
UM, SO THEY CAN PRE INDICTMENT.
PRE INDICTMENT, THANK YOU JUDGE ANTU.
UM, AND THEN THE PROOF EVIDENT HEARING, THE STATE ACTUALLY HAS TO PUT ON EVIDENCE, UM, THAT THEY INTEND TO SEEK THE DEATH PENALTY AND THAT THAT WILL BE THE LIKELY OUTCOME.
SO YES, STILL IT'S STILL THROUGH A HEARING WITH EVIDENCE AND IT'S, I'LL NEVER STEP ON A PROSECUTOR'S DECISION ABOUT STRATEGICALLY WHETHER OR NOT THAT'S SOMETHING THAT THEY WANT TO DO, EXPOSE THEIR WITNESSES TO, TO, UH, TO BEING ON THE RECORD? WELL, I WANNA SAY THANK YOU TO ALL THE JUDGES FOR COMING.
THERE WERE SOME VERY HARD QUESTIONS TONIGHT.
UM, WE INVITED EVERY SINGLE CRIMINAL DISTRICT COURT JUDGE TO COME, AND THESE WERE THE JUDGES THAT CAME FORWARD TO ANSWER THESE QUESTIONS THAT Y'ALL SUBMITTED.
AND SO I THINK, YOU KNOW, GIVE 'EM A ROUND OF APPLAUSE.
UM, SO THANK YOU ALL FOR COMING.
IF ANY OF THE JUDGES WOULD LIKE TO STICK AROUND BECAUSE PEOPLE HAVE QUESTIONS, UM, JUDGE MARTIN HAS VOLUNTEERED TO ANSWER SOME QUESTIONS THAT PEOPLE HAVE.
UM, AND I JUST WANNA REMIND EVERYONE THAT THIS EVENT WAS BROADCASTED ON FACEBOOK.
UM, IT'S ON HTV, UM, IF YOU WANNA REWATCH IT.
AND THEN ON MAY 12TH, WE ARE HAVING OUR CAPITAL IMPROVEMENTS PROJECT SLASH REDISTRICTING MEETING FOR DISTRICT G UH, ON MAY 12TH.
SO NEXT TIME CITY COUNCIL COMES UP, NEW DISTRICTS WILL BE DRAWN.
AND, UM, IF YOU'D LIKE TO COME TO THAT MEETING, WE'LL, WE'LL PUT IT IN THE NEWSLETTER AND LET EVERYBODY KNOW WHEN THAT'S HAPPENING.
SO THANK YOU SO MUCH FOR COMING.