Dear Liberty Dispatch

I have heard some Democrats criticize the efforts being made by conservatives to save money. I have a hard time stomaching people that have no respect for taxpayer money. But if you will permit me I wanted to address one area the local Democrats are griping about.

Recently, Liberty County judiciary, all Republicans, reviewed the county’s practices by using empirical data regarding the amount of time people accused and arrested of a crime spend in our jails at taxpayer’s expense. They discovered that taxpayers were spending hundreds of thousands of dollars housing people that were awaiting trial rather than using their judicial discretion and the bail process.

I can only assume complaints by local Democrats are purely for political purposes since they do not have a reputation for being tough on crime. After all where were their complaints when Democrat Judge Rusty Hight was allowing convicted criminals off in his infamous “Wednesday court”/ Nevertheless, let’s review what the law says is the proper use of judicial discretion as it applies to bail.

The law says the court should take into account the:

1. Nature and seriousness of the offense or default (and the probable method of dealing with the defendant for it);
2. Character, antecedents, associations and community ties of the defendant;
3. Defendant's bail record;
4. Strength of the evidence.

In fact, Texas courts have leeway to set bail amounts as they see fit, as long as it is not excessive. Of course, we could write a whole other story about how politics and excessive bail were used by the afore mentioned Judge Hight against one of the contributors to this website, but for now let’s stick with how judges can properly use discretion to save the county money.

Most felony cases are originally filed in the Justice of the Peace Court. While JP’s do not conduct trials of felony cases, they do handle several felony matters before the case goes to a Grand Jury. The primary purpose of the arraignment is for the judge to make sure the defendant understands the nature of the offense against him, the charges, and his rights. The defendant may ask the Judge questions about the charges or his rights at arraignment. The Justice of the Peace sets bonds at arraignment. In most other counties, an arrest warrant carries a bond recommended by the District Attorney and/or a District Judge. The Justice of the Peace is usually not an attorney in Texas courts and frequently they defer to or are guided by those people who are and all of the factors listed above are part of the proper use of judicial discretion.

Of course while I am sure Liberty Dispatch’s conservative readers are not for just turning everyone lose with a promise and a prayer, there are safeguards. A bond means you are putting up cash or surety (often through a bail bond company) to promise that, if you are released from custody, you will show up for all subsequent hearings and trials related to your case. Failure to do so means your bond could be forfeited to the State of Texas, and can lead to another warrant for your arrest. Failure to respect the conditions of a bond can result in a third-degree felony if the original charge was a felony is punishable by 2 to 10 years in a state prison.

So the new found tough on “law and order” position liberals are claiming to criticize saving money sounds a great deal like a pure political attempt to discredit the attempt Republicans are making to dig our county out of the hole they dug.

We can be sure these same people critical of the use of judicial discretion would prefer a tax hike.