Smith County plans to release details of courthouse replacement bond proposal in April

Published 8:45 am Monday, March 9, 2020

In the past 20 years, assessments have continued to show that the Smith County Courthouse cannot support the needs of an ever-growing community.

On April 9, Judge Nathaniel Moran will announce a recommended plan at Smith County’s annual Community Commitment Report Luncheon. The luncheon, hosted by Smith County and the Tyler Area Chamber of Commerce, is set for 11:30 a.m. at Green Acres Baptist Church CrossWalk Center. The Chamber is selling tickets to the event.

The Smith County Courthouse was built in 1955, replacing a smaller courthouse built in 1910.

“Twenty years ago it was determined that a new courthouse was needed, and for the past 20 years building a new courthouse has been talked about,” Moran said. “The problem has been the public hasn’t been given a plan, so they had nothing to vote on. We are dedicated to actually producing a plan.] — that’s the big step that hasn’t been done before.”

Concerns addressed in the analytical reports conducted between 2000 and 2019 include plumbing and electrical conditions not meeting basic standards, the existence of asbestos in the building and security concerns in relation to the layout of the facility. Renovation of the current courthouse was deemed to be financially infeasible.

According to the 2019 engineering report conducted by Willdan, engineering-related innovations alone would cost between $10,433,000 and $12,870,000.

That cost analysis does not include plumbing renovations. Because of plumbing issues, the fifth floor is currently not in use.

“When inmates were held on the fifth floor, they would sometimes intentionally, and sometimes unintentionally, flood the (district attorney)’s office on the fourth floor when they used the toilets. They would flood the toilets or the toilets would break,” said Edward Nichols, director of facilities of Smith County.

In addition to problems with plumbing, the courthouse has not been able to keep up with the growth of the community in terms of space.

“For the last 20 years, studies and analysis conducted have shown the need for a new courthouse and more room for courts in Smith County,” said Moran.

A variety of factors determine a county’s need for additional courts. They include county population and its number of court cases, which also effects the jail population.

“The average jail population in Smith County is currently between 900 to 950 people,” said Moran. “488 of those people are awaiting trial for felony charges. District courts are the only courts who can deal with these cases, meaning we are using one to three courts for 488 people,” said Moran.

That limited number of courtrooms causes people to have to stay in jail for longer periods of time as they await their trials.

“If we had a fourth court we would reduce the jail population, save jail expenses, expedite people to the state jail or send them back home to be productive citizens if they are proven to be innocent,” said Moran.

State trends show that felony drug possession case filings have nearly doubled over the last five years.

Of the eight existing courtrooms, six were not originally designed to be used as courtrooms. They are rooms that the county was forced to repurpose in order to adapt to the growth of the community.

The 241st district court was formerly the law library before it was retrofitted to become what it is today, said Moran.

Because the additional courtrooms were improvisations, they have resulted in problematic courtroom setups.

In County Court of Law No. 2, the witness stand is located in the center of the room. The judge is behind the witness as they face a row of lawyers directly in front of them, and the jury on their right hand side. If they wish to address different people at different times, they must rotate in a circle in order to be able to make eye contact, said Moran.

The room was set up this way due to unavoidable space limitations. This articular courtroom is 772 square feet while the original district courtrooms that were designed to be courtrooms from the beginning are 1909 square feet.

The layout has also caused concern with the rooms jurors go into to deliberate their thoughts on case rulings.

According to Moran, there were cases in which jury members were deliberating in the jury room and could hear witnesses talking outside because the room is located so close to the hallway.

An additional concern with the layout of the hallway is that witnesses, jurors, judges and those on trial alike must travel through the same hallways, thus creating a security issue, said Moran.

Moran said he has been having constant discussions with community and business leaders about the need for a new courthouse, and any potential disruptions construction could cause downtown.

“Most people agree that if done right, Smith County is overdue for a new courthouse,” said Andy Bergfeld, president of Bergfeld Realty Company and current Tyler Independent School District Board of Trustees member. “Judge Moran is doing a good job of taking it seriously and working through the process. He’s the right man for the job.”

According to Bergfeld, whatever plan is ultimately voted upon, it is important that it is the right fit for the county, the county government and downtown, and a vital piece of its success depends upon plans for parking.

“I’ve learned through the last 30 years that downtown Tyler parking is the key to vitality. That applies to all areas of parking. Around the square parking garages and signs directing people how to get there — it’s all part of a comprehensive process,” said Bergfeld.

Garnett Brookshire, member of the City of Tyler Historical Preservation Board, voiced his support for a new courthouse.

Both Bergfeld and Brookshire are business owners in Tyler who have made large financial contributions towards improving downtown Tyler, and their businesses will undoubtedly be impacted by the changes to come.

Brookshire said in an email, “I believe a new county courthouse on the square would more accurately reflect the important and necessary role that our justice and legal system plays in our community. Judge Moran is best equipped to evaluate our infrastructure needs at the county level, and I fully support his efforts to lead us in a fiscally responsible direction regarding courthouse development in order to accommodate the continuing growth in the region.”

Official plans for the implementation of a new courthouse will be voted on in November. Until then, many public meetings will be held to discuss questions concerns and overall feedback.

The courthouse assessments from 2000-2019 can be found here https://www.smith-county.com/online-services/online-county-services/court-house-planning along with current plans .