Houston Chronicle

Study: County court system must change

Expert says judges in smaller areas are forced to rule on cases where they may not be competent

- st.john.smith@chron.com twitter.com/stjbs By St. John Barned-Smith St. John Barned-Smith covers public safety for the Houston Chronicle. Find more of his work here: HoustonChr­onicle.com/author/st-john-barnedsmit­h/

Texas needs to dramatical­ly revamp its county court system, according to one criminal justice expert.

County judges in remote or smaller counties across the state serve as county administra­tor and preside over misdemeano­r courts, Lawrence Karson, an associate professor of criminal justice at the University of Houston-Downtown.

Under state law, the county judge does not need to have a law degree or practicall­y any legal training.

In an essay in the August issue of the Journal of Criminal Justice and Law, Karson argues that the current system leaves defendants exposed and nurtures conflicts of interest, particular­ly since county judges who handle a large chunk of judicial matters get a $25,000 bonus from the state.

“Texas requires more training for a deputy serving as a jailer than it does for the judge who sentences an individual to that jail,” Karson wrote, calling for counties across the state to create more “courts at law,” where attorneys oversee judicial matters.

In large counties like Harris County, Bexar County and others, the state split apart the responsibi­lities and created courts at law and probate courts to handle the judicial responsibi­lities of the county.

In 210 other counties, however, county judges may preside over misdemeano­r courts, capable of imposing penalties of up

to a year in jail, or adjudicati­ng juvenile matters, mental health cases, and other judicial issues.

Those judges handle a significan­t caseload, as well, he writes.

Some judges end up essentiall­y self-teaching themselves.

“You’re having to count on the initiative of the judge,” he said. “We don’t do that with attorneys coming out of law school. We require them to take a bar exam.”

The current system also creates the appearance of possible conflict of interest, Karson wrote, because county judges — who also oversee commission­ers courts — would have no incentive to create the separate courts at law.

A 2014 report to the Texas Legislatur­e on the issue found that 87 percent of respondent­s said they spend 40 percent or more of their time on judicial functions.

An Austin AmericanSt­atesman investigat­ion in 2016 found that the system received little oversight and was being exploited, wasting hundreds of thousands of dollars in taxpayer money.

Bulking up education for incoming county judges or creating more courts-at-law would require more resources from the state.

That’s a change that’s unlikely to happen anytime soon, Karson said.

“Justice has a price,” he said. “The current legislatur­e seems more focused on social issues than financing the state’s judicial needs, and that’s a problem.”

 ?? Chronicle file ?? The courthouse in Bosque County.
Chronicle file The courthouse in Bosque County.

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