Tyler

By CASEY KNAUPP
Staff Writer

Smith County judges repeated their concerns during their monthly meeting Thursday about commissioners' plans to remodel the courthouse and build a jail.

For months, some of the judges have said they believe the county needs a new court facility instead of a new jail. The commissioners and county judge have made plans to begin courthouse renovations in September and the jail plan is set to be on the November election ballot.

Judge Kerry Russell, of the 7th District Court, said demolition of the fifth and sixth floors of the courthouse has been approved by commissioners and is set to begin next week. County Judge Joel Baker had said they would try to have the construction done in the evening and weekend hours but it is now scheduled to take place during the weekdays.

The judges voiced their concern on the noise disrupting their courts. Russell said he was told if it does become a problem, they were to let them know.

Russell said commissioners also plan to make over of the central jury room on the first floor.

Judge Cynthia Stevens Kent, of the 114th District Court, said she didn't want to "rehash" anything but the judges were not kept in the loop and were not informed by commissioners about the changes being planned for the courthouse.

Judge Kent said the judges would like to work with the commissioners on the plan. She said the central jury room is used every day of the week but there are two weeks in September when no jurors will be summoned to the courthouse.

Judge Kent said she believed there was confusion or misinformation on what the judges think or want with respect to the jail and courthouse facilities. She said the judges have been very clear they need a new court facility and another court added before a new jail.

"I just find it appalling that we have, over the years, done nothing" but increase jail beds instead of doing anything with the courthouse, she said.

Judge Kent said it would save the county money to build a new courts facility now and plan to build a jail later. She thanked the Smith County Bar Association for stepping up and taking a position on the need of a new courthouse.

Tyler attorney and former Judge Diane DeVasto, who was there on behalf of the Bar, said professionals have decided the courthouse won't fit the county's needs in the next 10 years. She said the Bar was interested in cooperating with the county judge and commissioners and that they were there to help.

Russell said the courthouse was still useful and functional for office space but the courts have different needs. He said studies show Smith County needs a new district court to handle its caseload and commissioners plan to build a new courtroom in the basement of the existing courthouse.

Judge Carole Clark, of the 321st District Court, said her court was housed in the basement for about a year and the lower level is not safe and is inadequate.

Judge Kent said she wanted the discussion on the jail and courthouse issues carried over to the next meeting and she wanted the auditor to collect financial information on the possible cost efficiency of building a courthouse instead of a jail.

The judges also discussed the need for an increased budget for the county's Alternative Incarceration Center program. The commissioners approved the budget to serve 200 people in the program, but it already serves more than 220. The judges said they want the commissioners to raise the funding to serve 300 people for 2009.

The judges also approved an amendment to the approved 2009 budget for the Smith County Community Supervision and Corrections Department, adding more money for new positions, employee raises, new equipment and for rising gas prices.

The judges also said not enough defense attorneys have applied to become eligible to represent capital murder defendants. There are seven who are qualified.

Judge Kent encouraged local defense attorneys to file their forms and take the capital murder training sessions to become qualified to defend death penalty cases.

County Court-at-Law judges Tom Dunn and Randall Rogers voiced concerns that not enough defense attorneys were on their list they use to appoint attorneys to represent indigent defendants. He said if it does not increase, the misdemeanor courts may have to hire contract attorneys as the district courts do. The judges encouraged local attorneys to get on the list to be appointed to represent defendants charged with misdemeanors.