Megan Navarro
SAN MARCOS — At its June 24 meeting, following several public comments and statements from the court, the Hays County Commissioners Court voted 3-2 to fail a resolution that proposed the affirmation of the county’s commitment to the “constitutional and humane treatment of all,” while also calling for due process and the protection of habeas corpus.
This comes two weeks after the court unanimously approved another resolution, which was introduced by Hays County Judge Ruben Becerra. The June 10 resolution specifically spoke about the treatment of immigrants in the custody of U.S. law enforcement.
However, the most recent resolution, sponsored by commissioner Walt Smith, was proposed to include language for the fair treatment of all residents, not just immigrants. This includes paragraph six, where the language specifically mentions the insurrection on the U.S. Capitol Jan. 6, 2021.
“Thousands of Americans were arrested in raids, detained, prosecuted and held chargeless for extended periods, with no access to counsel, and no clarification of charges or access to warrant information, many of which, including residents of Hays County and the City of San Marcos, were subsequently released with no charges being filed and lacking basic due process following the events of January 6th, 2021 in Washington, DC,” the resolution reads.
Several residents who spoke during the citizen comments portion of the agenda item stated their opposition of the resolution, explicitly for Smith including those involved in the Jan. 6, 2021, events.
“You didn’t bring this resolution forward to correct injustice. You brought it forward to send a signal, not to us, but to the national network that rewards extremism. You’re not defending civil liberties, you’re weaponizing them,” resident Angie Unger said in her public comment. “You’ve turned the courtroom into a campaign stage and the constitution into a prop.”
Unger continued that the resolution won’t be remembered as a defense for civil liberties, but it will be remembered as a “moment when a local official tried to cosplay as a constitutional hero, while backing the very people who try to burn it all down.”
Another commenter, speaking on behalf of the Hays County Democratic Party, Jeff Kaufman said that it’s a lie to suggest that the Jan. 6 insurrectionists were treated without due process.
“Those claims are not backed up by the facts, saying otherwise only spreads conspiracy theories that don’t belong in government discussions. Real justice means telling the truth,” he said. “The commissioners court resolution passed on June 10 supports our country’s values, treating people equally under the law and protecting everyone's rights. That's why we support it. But Walt Smith’s proposal is a clear attempt to turn people who broke the law into victims.”
Eric Martinez of local nonprofit Mano Amiga, echoed some of the other comments, stating that the proposed resolution suggests that the Jan. 6 defendants were denied due process, but it feels like a false comparison.
“If the Jan. 6 defendants had been grabbed off the street, sent to a foreign prison without charges or a court hearing, then we would be talking about the kind of due process violations happening right now in our own community, right in Dripping Springs,” Martinez shared. “That's not what happened. Comparing the two situations just doesn't hold water. Yes, some fairness concerns have been raised around delays in disclosing evidence, perceived judicial bias, sentencing disparities and excessive bail — all issues that Hays County residents experience under our legal system.”
“If this resolution is meant to affirm due process, then let's do that in practice, not in theory. That means fully funding the public defender's office, ending dangerous jail conditions, of which Hays County, again, is the most violent in terms of jailer abuse,” Martinez continued. “We should ensure every person regardless of race, class or immigration status has access to fair, timely and transparent legal proceedings. Due process is not a slogan. It's a constitutional guarantee and we want to live up to that promise. We can't just pick and choose who it applies to.”
Following public comments, Smith explained that he brought the resolution forward specifically to illustrate a point. He said, “what happened that day was unconscionable. What happened after it was unconscionable, as well,” adding that there were more than 5,000 people arrested from the Jan. 6 events and less than half of them were charged.
“Many of them didn't receive due process. In our own county, we have people arrested every day. Many of them go uncharged. I don't know, necessarily, that I believe that they get due process here either. I think it's unconscionable that when we sit here as a court and we, unanimously, supported the establishment of the public defender's office,” Smith said. “We have established changes in our judicial system where … in the U.S., an average county, they have roughly 390 persons incarcerated for every 100,000 in population. That being the case, Hays County should have in jail, if we were average, along with every other county, roughly, I don’t know, 1,100 [or] 1,200 people in our jail.”
Smith said that he supported the previous resolution that was passed “for a distinct reason” and while every other resolution or item addressed during the commissioners court meetings offered an opportunity to debate or have a discussion, that did not happen June 10. He explained that he offered to amend the June 10 resolution to include all individuals, but it was “struck down,” according to Smith.
However, Judge Becerra later said that this is a court of record, minutes are taken by the county clerk’s office and Smith’s request to amend the June 10 resolution was not struck down. He said that he accepted the “all” edit and then the court asked the civil division to go and reprint the resolution.
Smith added that he is willing to amend the resolution to remove paragraph six, which includes the language of the Jan. 6 defendants. At the end of the day, Smith said, the resolutions will have no impact on what’s happening at a federal level.
“It will not have any impact ... Something tells me that whether I choose to run for office again or not, or whether anybody else up here does, there are people who are running for office up here and we will have these every week of one type or another. I offer this resolution as an opportunity for us to say, ‘Let's put this to bed. Let's be done with it and let's not waste the county's time and our time doing any more of these for the rest of the year,’” Smith said. “If we do continue to have these items where we can't have an impact as a county, then I guess we will continue to, but I just think it’s a waste of our time.”
Commissioner Michelle Cohen said that she wants to move forward, address criminal justice reform and align the budget this year to what the community wants.
“We have a long way to go as far as building up this county and addressing criminal justice and those needs we need to address. I will not be supporting this resolution today for things I did post on social media — immigration [and] the situation that's going on,” Cohen shared. “At the federal level, they don't care. They don't care. It's touching our community. It is touching my community that is over 50% Hispanic. I could see it. I hear it.”
Becerra said that the resolution he put together about treating people like the “America that we are” and the “America that I am proud of” was for the people of Hays County, who he swore an oath to uphold and represent.
“My aim was to address a bona fide issue in a bona fide footprint that I was duly elected to represent as a patriot. It's my constitutional duty to represent this,” he said. “If anyone in our county with a beating heart has trouble, it will always be my duty to lean in.”
Ultimately, Smith motioned to approve the resolution, with the removal of the sixth paragraph that mentioned the Jan. 6 events. The motion failed 3-2, with commissioners Cohen and Debbie Ingalsbe, along with Becerra, dissenting.
To listen to the full public comments and commissioners’ court discussion, visit www.hayscountytx.gov/commissioners-court-live-stream.
