The Hays County Commissioners Court took what is being called a “huge” step in the journey towards lowering the jail population last week when it created a Magistrate Division that would serve both district courts and county courts-at-law.
Funds for the division were set aside during the FY 2020 budget discussions under the “umbrella” of district courts, noted Pct. 3 Commissioner Lon Shell, who also said the courts have been working on the plan ever since. Shell sponsored the agenda item for the Jan. 21 meeting.
The division will consist of one associate judge and one new justice clerk and will provide consistency both for jail administration and people who are arrested.
It will also take the burden of magistration off the backs of justices of the peace. “It’s going to give us so much more time to do other things,” Pct. 2 Justice of the Peace Beth Smith said. “We are really excited about it.”
The new division will also make the whole process more efficient as well as provide flexibility, Shell said. It will additionally mean that a magistrate is available during some weekends and holidays.
County Judge Ruben Becerra said two county court-at-law judges and the two district judges who practice exclusively in Hays County have closed the application period for the position of associate judge and are now conducting interviews.
Pct. 4 Commissioner Walt Smith praised the negotiating skills of fellow commissioners Shell and Debbie Gonzales Ingalshe, who represents Precinct 1. “It’s not easy for judges and elected officials to negotiate,” he said.
Commissioner Smith said he has spoken to individual judges, who see “real benefit” in the system as well as defense attorneys and the office of District Attorney Wes Mau.
“It will be exceedingly helpful to those who may have been arrested and the management of this process. They know there will be someone there fulltime.”
JP Smith, who began doing twice a day video magistration three or four months ago, said it’s not just the time spent with the arrestee but also the accompanying paperwork that takes so much time.
“We get a list of names and get their criminal histories faxed because they can’t be emailed. We review that, and addresses and affidavits of probable cause if there is one.” If there isn’t, she said, she attempts to get additional information by phone from offices involved “trying to figure out probable cause” as well as things like if the person is eligible for a personal bond. “We’re required by law to set the least amount of bond possible to assure presence in court.”
She said the process involves a lot of work for jail administration as well.
The end goal is to keep people from being in jail. “If they can get out that evening or afternoon, great, instead of spending a night in jail … We’ve been doing everything we can to clear the jail and I think this is going to be a huge step in managing the jail population.”
The social justice advocacy group Mano Amigo also weighed in on the court’s action.
“The move to a central magistrate’s office is a prudent step and Mano Amigo congratulates Commissioner Shell and others for this appropriate move forward,” the group’s spokesperson said.
