Photo: BigstockSome Texas district judges are voicing criticism of the slow-moving reopening plan, stressing the importance of moving justice forward, as courthouses across the state open to some in-person proceedings this month.
Others, citing a duty to protect court participants, expressed support for the careful, cautious approach that’s currently rolling out.
The differing views of these factions of judges came out in a group email discussion that started out professionally but ended in flames. A source who requested anonymity forwarded Texas Lawyer the thread from the Texas District Judges’ emails.
Judge Bryan Russ of the 82nd District Court in Falls and Robertson Counties wrote that he, his court staff and attorneys were ready to go back to work. His counties could provide a safe place, and still do hearings and jury trials.
“There is a lot more at stake than preventing the spread of the virus,” wrote Russ, who didn’t immediately return a call seeking comment. “There are litigants, both civil and criminal who cannot get a trial. We are to the point that our system of justice is not being allowed to operate and the consequences will impact us all.”
On the other end of the spectrum, Judge Barbara Stalder of Harris County’s 280th Family Protective Order Court in Houston wrote that her duty is to protect people in her courtroom, and she would be irresponsible if she failed to act prudently during the pandemic.
“I think we need to make sure we have a solid plan before we expose ourselves and others to what could be a second wave of the virus,” wrote Stalder, who didn’t immediately return an email seeking comment. “We need to be very careful before throwing the courthouse doors open.”
Some judges afraid
Judge Ray WhelessJudge Ray Wheless, presiding judge of the First Administrative Judicial Region, which includes Dallas County, said he talks frequently with the judges in his seven-county region and he knows that some judges want to reopen without restrictions.
“There are just as many judges who are afraid to go back. I know judges who have conditions that would make them very vulnerable,” Wheless said. ”I think there are more people who don’t want to resume operations normally now, than people who do. People who want to go back and do things normally are a smaller percentage, but they are very vocal.”
Texas Supreme Court Chief Justice Nathan HechtTexas Supreme Court Chief Justice Nathan Hecht has a message for the judges who are yearning to reopen fully.
“God bless them—We are going to try to get there as quickly as we can,” he said. “It’s not going to reflect well on the justice system if we force people to come to the courthouse and make people sick. We’ve got to be careful about that and make sure it’s done the right way.”
‘Let us do our jobs’
The email thread began as a question about using Zoom for court hearings, and a couple of answers trickled in. Then the email thread veered off into controversial territory.
Read the email thread:
One judge whose full name didn’t appear on his email wrote about face masks, sanitation requirements and administrative judges reporting district judges for refusing to hold remote hearings.
“I’m sorry, but we’ve been able to deal with very serious issues in the past in our district without mandates from Austin. Just let us do our jobs please,” the judge wrote. “End of rant.”
Judge Patricia Bennett of Tarrant County’s 360th District Court wrote that she appreciated that the Texas Office of Court Administration kept courts going as much as possible, but it was time now to let judges do their jobs.
“I am offended that people can go into a bar or movie theater with greater ease than they can come into my courtroom and exercise their constitutional right,” Bennett wrote. “If we don’t start speaking out, this will continue.”
The email discussion deteriorated after that.
Judge Jeff Fletcher of Wood County’s 402nd District Court wrote in all capital letters, “Open the damn state.”
He wrote that it’s not a judge’s or the government’s responsibility to protect litigants’ health.
Judge Jeffrey Fletcher“Our job is to hold court so the people who elected us and pay our salaries can have their cases heard,” wrote Fletcher, who didn’t immediately return an email seeking comment. “Many of our leaders and the media have done a masterful job in their attempts to create panic and a ‘nanny state’ to make everyone totally dependent upon government for their existence and sustenance.”
Fletcher lost his reelection bid in the March Republican Primary in a campaign fraught with criticism over Fletcher’s past sanction by the Texas Commission on Judicial Conduct and poor treatment of lawyers and litigants in court.
Despite how passionately the judges on the email thread expressed their beliefs, it seems they haven’t spoken up to the state’s judicial leaders.
Hecht said he hasn’t gotten a single report of a district judge who violated the high court’s COVID-19 orders or the Texas Office of Court Administration’s guidance about reopening courts.
David Slayton, the office’s administrative director, said he could recall hearing just one negative comment.
“Most everybody seems to be happy they are able to work on their local plans themselves and tailor it to whatever they need in the county,” Slayton said. “At the end of the day, judges in the state recognize the need to protect the public, the court staff, attorneys and litigants, and to make sure the public has trust and confidence in our system so we are not having negative consequences.”
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June 03, 2020 at 03:04AM
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