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Hays County Commissioners Court approves new justice of the peace
Graphic by Barton Publications
Hays County, News
Brittany Kelley on August 23, 2023
Hays County Commissioners Court approves new justice of the peace

By Brittany Kelley HAYS COUNTY — At its Aug. 15 meeting, the Hays County Commissioners Court presented an item to approve the creation of a new justice court.

HAYS COUNTY — At its Aug. 15 meeting, the Hays County Commissioners Court presented an item to approve the creation of a new justice court.

Commissioners asked for a subcommittee to be created when deciding whether Precinct 2 needed another justice court at its Aug. 1 meeting, which ultimately consisted of commissioners Michelle Cohen and Debbie Ingalsbe, as well as Justice of the Peace 5 Sandra Bryant and Justice of the Peace 2 Beth Smith.

“We collectively feel the creation of a Justice of the Peace, Place 2 is not only needed, but necessary,” said Cohen. “The amount of growth that has occurred in Precinct 2 is unprecedented and continuing to grow.”

Cohen continued by explaining how Judge Smith, who has a third of the caseload in the county, has to pull JPs from other districts to replace her when she is unavailable. Though the initial plan was to create a new court, after consulting with Judge Smith and Judge Bryant, the committee’s recommendation was to add a new position rather than establish a new court.

Under the recommended terms, a modified subcommittee would work with human resources to post the position for a duration of two weeks and after reviewing the final applicant, come back to the court for approval.

The reasoning behind the choice to add an additional position in Place 2 is because of the number of inquests that come from Ascension Seton Hays Hospital.

“I typically do five to seven inquests a year in [Kyle and Buda] and made it abundantly clear to Judge Bryant and Judge Smith that I’m happy to help,” said Justice of the Peace 4 John Burns. “Part of the challenge [is that] Dripping Springs is an awful long way from Ascension Seton and if I get called, I take that call, but it’s going to take me at least an hour to get there, which means we’re going to tie up a hospital bed because that person, that deceased person, can’t be moved. We’re going to tie up law enforcement people because they have to stay on the scene. We’re going to tie up hospital staff because they have to stay on the scene during the time it takes me to transit all the way down there.”

Commissioner Walt Smith acknowledged that a new office space would be needed, as sharing a space is only comfortable for so long, so he requested that in the new budget, the county should set money aside for a facility. He also asked for copies of resumes to discuss with constituents and gain their concerns or praise on potential applicants, a request that County Judge Ruben Becerra applied to all of the court members.

According to Judge Smith, an additional clerk would be needed along with the new position for walk-ins, such as evictions, because “a judge should not take cases and then hear them.”

Hays County Budget Officer Vickie Dorsett informed the court that they do have money set aside for the creation of the court, so they can establish the positions with an operating budget after the recommendation.

Cohen motioned to create the new position and start the recruiting process for a new justice of the peace. The modified subcommittee would include Cohen, Ingalsbe and Hays County Human Resources Director Sherry Miller.

The motion passed unanimously.

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