David Junkin Republian inumbent 453 Judicial District Judge
HFP: What is the biggest issue facing Hays County district courts and how would you work to resolve it?
Junkin: The backlog of cases. About 2/3 of cases filed or re-activated yearly are civil/family cases that make up the vast majority of the backlog. Each judge is assigned 20% of the criminal cases, but civil/family cases are not assigned. The 453rd hears a disproportionate share of civil/family cases. In the first 20 months, not only did I get the Court operational, I got more civil and family cases off the docket, tried more cases, and at the same time, help us get to some of the lowest jail populations we have had in years. COVID interrupted jury trials until approved by the Office of Court Administration, but to keep cases moving, I was the first judge to hold hearings and trials by videoconference technology. I will devote the time and effort necessary to build on the progress I have already made in the short time I have been your judge.
HFP:Do you believe the Brady List should be made public?
Junkin:The scope of “the Brady List” is not defined in this question and would need to be defined in order to appropriately answer. The Brady rulings are very broad, cover all potential impeachment and exculpatory evidence, can be case specific, and are not limited to alleged wrongdoing or misconduct by officers. I have not seen the referenced list. Because the scope of what is intended by the term “the Brady List” is not limited and because district courts hear and rule on “Brady” (and Michael Morton) matters, my answer would be specific to the evidence at issue which could cause any additional response to go farther than Judges should towards indicating how they might rule on issues that may come before them, so I cannot answer further. It is important to know that the orders or rulings district judges make on Brady and related issues are usually public records.
HFP: How do you view the state of indigent defense and what steps you believe would help to better ensure defendants receive adequate legal representation?
Junkin: Good and getting better. In the 20 mos. this court has been in operation, criminal cases are now assigned to a specific court allowing for closer monitoring of cases, defendants, and attorneys. The courts also increased pay guidelines for appointed attorneys. I helped write the position description for an indigent defense coordinator (Managed Assigned Counsel) to monitor the indigent defense program and help ensure compliance with the Fair Defense Act. I attended the Texas Indigent Defense Commission’s Indigent Defense Workshop to get updated information on indigent defense issues. I helped get grants so that criminal defendants have access to an immigration attorney who can advise nonresident defendants on the immigration consequences of their pleas, if any, in compliance with United States Supreme Court rulings. I also helped create a magistrate’s office, that gives the courts/attorneys/defendants more efficient access to bond eligibility information, bond reviews, initial mental health evaluations, etc.
Sherri Tibbe candidate for 453rd District Court
HFP: What is the biggest issue facing Hays County district courts and how would you work to resolve It?
Tibbe: The biggest issue the court will have will be working through the backlog of cases that have accumulated during the pandemic. There have not been any jury trials since before the pandemic lockdown started in March. It must be the highest priority to resume jury trials when it safe to do so and work to get parties their day in court. Our jail is overcrowded and the courts have to work through the backlog of cases as quickly and judiciously as possible.
HFP: Do you believe the Brady List should be made public?
Tibbe: This question requires an answer to an issue that could be involved in litigation before the Court. Therefore, I do not think it is appropriate to answer this question when as a Judge I could be tasked with making legal decisions regarding Brady issues and whether it should be available to the public.
HFP: How do you view the state of indigent defense and what steps you believe would help to better ensure defendants receive adequate legal representation?
Tibbe: The State of indigent defense is beginning to improve in Hays County. I do believe the judiciary needs to take an active role in making sure that attorneys on that list are communicating regularly with their clients and providing updates. One issue that must be addressed is access to your client. When your client is being held in another county an hour or more away, it impairs an attorney’s ability to adequately represent their clients, so the jail overcrowding issue has to be resolved.
