By Andy Sevilla.
Ending months-long controversy over who would serve as Kyle’s Municipal Court Judge for the next two years, council members approved Hays County Justice of the Peace Andrew Cable as the lone finalist for the position, effectively ending the current judge’s ten-year service.
Council member Samantha LeMense suggested during budget deliberations in September the council open up the municipal court judge’s position and seek Letters of Interest from other individuals, rather than automatically renewing Sundra Spears’ two-year contract, as had been done in the past.
Sundra Spears has served as Kyle Municipal Court Judge since January 2004, and has been automatically reappointed to the position every two years. Her current term expires Jan. 24.
After interviewing four candidates for the position, Spears included, council members approved last week the hiring of Cable to serve as the city’s court judge contingent upon finalizing the $24,000 annual contract.
“I’ve dedicated my career to public service. I’ve dedicated my education to public service; and it’s just an extension of that,” Cable said Monday night in a telephone interview. “The opportunity (to serve as Kyle’s Municipal Court Judge) came up, I saw it listed as an opening, and I applied.”
Cable, who has served as a Justice of the Peace for the past 16 years, said the Municipal Court, for many, is their only interaction with the judicial system and he takes that responsibility very seriously.
“I want (citizens) to know, as far as me, I’m the decider of fact – guilt or innocence is black and white to me, the circumstances are always to be listened to, and that’s where I use quite a bit of discretion,” he said.
Cable said that alternative penalties, like warnings and deferments, can be an effective tool in the courtroom. He said he understands the need for financial penalties, but he also understands people’s hardships. Cable said in the end, success can also be measured by keeping people out of the courtroom.
“What I consider to be effective is somebody changing their behavior,” Cable said. “…What I like to see is somebody change their behavior as to whatever got them there in court.”
Under the terms of Cable’s contract with Kyle, aside from deciding alleged traffic infractions and city ordinance violations, he will also provide magistrate services at the Hays County Jail.
In the recent past, some council members have voiced disapproval with Spears’ decision not to provide magistrate service at the jail, despite an informal agreement between the city and county.
Hays County Justices of the Peace and Municipal Court Judges provide magistrate services at the jail on rotating weekends and holidays, however Spears said in a December 2012 letter to Pct. 2 Justice of the Peace Beth Smith, who handles the scheduling, that she would no longer volunteer as magistrate effective January 2013, as her contract with Kyle did not call for that service and the city was not paying her to do it.
Spears’ decision came about three months after she unsuccessfully requested a pay raise during budget deliberations for fiscal year 2013. Spears, like all other city employees, received a 3.5 percent cost-of-living adjustment.
Kyle Mayor Lucy Johnson told the Hays Free Press last week that though she was content with Spears’ service, she felt Cable could take the court into an era of technological efficiency.
Cable said that his service as a justice of the peace has afforded him use of the county’s Technology Fund, which is earmarked to improve efficiency in the courtroom. He said his contract with Kyle requires him to look into improving courtroom efficiency through technological advances.
Before the council, in a 5-2 vote, approved Cable as the lone finalist for the position, a vote not to reappoint Spears as judge passed 4-3, with council members Becky Selbera, David Wilson and Chad Benninghoff dissenting.
Ultimately, Wilson voted with the majority to bring Cable on as the new city judge.
“I felt Judge Spears has done a good job for us. I have not heard complaints, I have watched her operate in court,” Wilson said during the Jan. 12 meeting. “… She has my respect … And I absolutely appreciate her service of ten years to the city of Kyle.”
However, Wilson added, “I would like to go on record as appreciating Andy Cable and his interview. He interviewed real well and I think he’ll do us a good job.”
