San Angelo's District Judges Shut Down 200 Hearings Amid Texas Supreme Court Order

 

SAN ANGELO – The Texas Supreme Court on Friday hit Tom Green County District Courts hard with an order effectively shutting down 200 cases on two criminal dockets for at least a month – in part –because of mold remediation and slow courthouse construction projects.  

Due to ongoing construction and mold remediation, the only functioning courtrooms in the Tom Green County courthouse are the brand new one on the first floor, the existing courtroom on the first floor, and the Child Support courtroom which cannot accommodate a jury trial.  The remaining courtrooms are either under construction or in remediation for mold which could take several months.  

The situation is so dire amid today's Texas Supreme Court ruling that Tom Green County Local Administrative District Judge Jay Weatherby sent out a letter Monday informing attorneys, defendants, court officers and others about the situation.  

See the slideshow below of the courtrooms in their current state and the letter from Judge Weatherby below the images: 

"To Whom it May Concern, 

"On the afternoon of Friday, December 30, 2022, the Supreme Court of Texas issued its Fifty-Ninth Emergency Order. This order replaces the Fifty-Seventh Emergency Order (the previous general emergency order that was set to expire on January 1, 2023).

"The new emergency order removes the ability for judges to conduct remote proceedings away from the court's usual location due to "exigent circumstances." Under the new order, a judge may conduct proceedings away from the court only if

  • conducting proceedings away from the court's usual location will assist in managing court backlog and: 
  1. the court serves multiple counties; or
  2. a visiting judge is assigned to the court."

"In spite of our displacement due to ongoing construction, repair and remediation in the courthouse, the District Courts have worked tirelessly for the past two years to keep their dockets moving.  With the combined efforts of the District Court staff, the District Clerk staff, and Courthouse Security, we have successfully continued to carry on our daily dockets via Zoom, and to hold in-person hearings and jury trials in some of the most unlikely locations.  Unfortunately, this new order has removed (or severely limited) our ability to hold court. 

"We currently have four District Judges, one District Court Criminal Magistrate, and two District Court Associate Judges – 7 judges in total.  We have one fully operational courtroom (The Child Support Courtroom). but it cannot facilitate a jury.  We have two District Court courtrooms that are usable, but neither is fully operational.  Each of the two, usable District Court courtrooms are scheduled to be used by the 51st and 119th District Courts for their scheduled jury week beginning January 3, 2023. 

"Because the 340th and 391st District Courts are no longer able to conduct remote proceedings away from our usual location, and because (in its current condition) the Tom Green County courthouse can accommodate no more than two of our seven District Courts at any given time, we have no choice but to cancel the more than 200 cases scheduled for Criminal Pre-Trial hearings in the 340th and 391st District Courts on Tuesday, January 3, 2023.  Most of the pre-trials scheduled for tomorrow will be rescheduled for Tuesday, February 7, 2023.

"The Courts have worked hard to avoid cancellation in the past and we know this inconvenience will be felt by many – the attorneys, the defendants, our staff, the District Clerk's office, the Probation Officers, and Courthouse Security – but it is completely out of our control.  We are currently working to determine how to proceed in the future and we will let you know as soon as we know." 

Signed Jay K. Weatherby
Local Administrative District Judge"  

This is a complex and dynamic situation and will impact the region's judicial justice system just as it was recovering from the backlog caused by the pandemic.  We will give you an update on this issue on Tuesday after the Tom Green County Commissioners meeting.  

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