Local judge on call for cases involving virus
TEXARKANA, Texas —Fifth District Judge Bill Miller is among a cadre of Texas state judges tapped to deal with those who would ignore their infections, exposures and the like in the wake of the COVID-19 pandemic.
Miller serves Bowie and Cass Counties but a March 6 order by Texas Supreme Court Chief Justice Nathan Hecht gives him statewide jurisdiction in the fight against COVID-19 and its spread throughout the state.
Miller is on a rotating call list to activate anywhere in the state as circumstances require.
“Specifically, these assignments are for hearing Health and Safety Code, Chapter 81 applications requesting orders for the management of persons with communicable diseases. Because of the outbreak of the coronavirus, the state wanted the judiciary to be ready to hear cases if there are issues related to orders by a health authority related to area or group quarantines, individual quarantines, property quarantines, or other public health and safety issues resulting from national, state or local health authorities issuing control orders related to people or places arising from exposure or potential exposure to the coronavirus or COVID-19,” Miller said.
Miller said he was asked in early March by District Judge Alfonso Charles of Longview, the chief judge presiding over the Region 10 judicial district, to accept the appointment. Region 10 includes Anderson, Bowie, Camp, Cass, Cherokee, Delta, Franklin, Freestone, Gregg, Harrison, Henderson, Hopkins, Houston, Hunt, Lamar, Leon, Limestone, Marion, Morris, Nacogdoches, Panola, Rains, Red River, Rusk, Sabine, San Augustine, Shelby, Smith, Titus, Upshur, Van Zandt and Wood counties.
A second Region 10 jurist, 392nd District Judge Scott McKee of Henderson County, has been appointed as well. Miller said that while the designation gives them statewide jurisdiction, he expects he and McKee will hear cases in Region 10, should the need arise.
“Under the current structure, each day two of the 31 judges are assigned to be ‘on call’ for that 24 hour period. Any matters that are presented by a state or local health authority to the Attorney General’s office or to a local district or county attorney for application to a court, will be presented to one of the on call judges no matter where in the state the matter originates. After any initial hearing concerning protective orders or detention, a defense attorney will be appointed to represent the respondent from a statewide list of counsel,” Miller said.
After the initial hearing, the cases will be overseen by the judges in the region appointed to handle COVID-19 matters, Miller said. Miller said he and the other “COVID judges” are meeting regularly via conference calls as new orders, such as the governor’s emergency declaration of a public health disaster, court suspensions and the like, come at a dizzying pace.
“As part of that process, the state has also set up each of the courts with a video conference system to allow remote hearings for all parties and will soon be expanding that system state-wide for the judiciary,” Miller said.
Miller said Friday that as of Thursday afternoon he had not heard of any court actions being initiated in Texas for management related to the virus.
“So far, all person who have been requested or ordered to self-quarantine have complied with the State or Local Health Authorities’ orders. Should these issues arise moving forward, the Judiciary is prepared to consider these cases,” Miller said. “Hopefully, our preparations will not be needed as the COVID-19 situation continues.”