Judging Kimberly.
Posted on 02/10/2004 11:21:04 AM PST by jtminton
Tarrant County prosecutors are boycotting a juvenile judge's court after a series of rulings in criminal cases that they say were not "in the best interest of public safety."
Assistant District Attorney David Montague said a legal provision allows prosecutors to object to appearing in a courtroom -- that of Associate Judge Kimberly Brown in this instance.
Critics say the move is creating a backlog in the juvenile system and could increase costs for the county.
Brown is one of three associate judges under the supervision of state District Judge Jean Boyd, the county's chief juvenile-court judge and overseer of the county's juvenile-justice system.
"Judge Brown has consistently made rulings that are not in the best interest of public safety and interest," Montague said.
Brown, a former Tarrant County prosecutor, said she was stunned. Montague hired her, knows her reputation, and trusted her to handle sensitive child-welfare cases, she said.
"A judge has to be fair and follow the law, and if an attorney comes in and proves their case, he or she will be successful," Brown said. As an assistant district attorney, she learned that "you win some, you lose some," she said.
Prosecutors in Tarrant County District Attorney Tim Curry's office began the boycott Jan. 29 because they feel Brown's courtroom is a "somewhat unfavorable and hostile environment," Montague said.
He would not discuss specific cases, citing the confidentiality of juvenile offenders. But he said some defendants had been released "too quickly and without any sanctions."
"This is not an isolated incident; it is a pattern," Montague said.
The boycott is the latest conflict between the district attorney's office and Boyd.
Boyd said Monday that the district attorney's actions are disrupting the operation of juvenile courts. Records show that 123 hearings have been reshuffled over eight days.
"It will backlog cases and cost taxpayers a lot of money," Boyd said. "It will prevent the court from holding juveniles accountable and victims from seeking justice."
Brown said prosecutors have not talked to her about the boycott. Although Brown is not hearing criminal cases, she continues to hear civil cases brought by Child Protective Services.
"I'm very surprised that the district attorney's office would have taken this kind of drastic action before even coming to me," Brown said.
She also denied endangering the public.
"That is just not true," Brown said. "I'm concerned about the safety of our community, and I always take that into consideration."
Defense attorneys say the squabble could further delay cases.
Greg Westfall, former president of the Tarrant County Criminal Defense Lawyers Association, said the district attorney's office appears to be "judge shopping."
"They are very unhappy with Judge Boyd, and this is probably a way of getting at her," Westfall said.
Stephanie Patten, a defense attorney who handles juvenile cases, said the boycott is putting defense attorneys "in the middle because we can't get anything done and we've got a judge sitting there."
"What is to hold them back from doing it to the other judges?" she said.
Richard Gladstone, a defense lawyer who regularly appears in juvenile court, said he has not noticed any problems with Brown or Boyd.
"All the associate judges are fair and impartial, and it's hard to discern that one is any harder on a kid than another," Gladstone said. "The issue has got to be resolved. It appears that everyone has dug in their heels and doesn't want to talk about this."
Boyd and her three associate judges hear 400 to 500 cases a month in which defendants 16 or younger are charged with crimes ranging from shoplifting and disorderly conduct to rape and murder.
How those cases are handled led to the rare public dispute.
In May, in a rare act of defiance, Curry said his office would occasionally not follow a local rule adopted in 1975 requiring prosecutors to file charges against juvenile offenders within three days.
Prosecutors said the rule is antiquated and doesn't take into account the seriousness of crimes now being committed by minors. They also said they are required to appear in court before getting crucial evidence.
State law allows prosecutors up to 30 days to file charges in complex cases.
Boyd, however, said the three-day rule protects children's rights while providing a quick resolution for victims.
The Tarrant County Juvenile Board, made up of the county's state district judges and the Tarrant County judge, is to discuss the rule at its meeting Wednesday.
Several criminal district judges have said the board can't decree when the district attorney's office files a case.
Montague said Brown's rulings have consistently troubled prosecutors.
"We are treated with a lot of disrespect by this judge, but her rulings are impacting victims," Montague said.
Brown has been an associate judge for four years. She worked for the Tarrant County district attorney's office under Montague for seven years and was in charge of the child-welfare unit.
Prosecutors did not file a complaint before the boycott, Boyd said.
-------------------------------------------------------------------------------- Max B. Baker, (817) 390-7714 maxbaker@star-telegram.com
Judging Kimberly.
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