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HomeMy WebLinkAboutA Survey of the Executive and Judicial System of Brazos County 1974 / 9 CONTENTS Statement page 1 Law Enforcement Training 2 Law Enforcement Agencies: TAMU 3 College Station 4- Bryan 7 Brazos County Sheriff 9 Brazos County Jail 10 Brazos County Probation 12 Court Systems: Municipal Courts 15 Justice Courts 16 Brazos County Court 19 County Attorney 21 85th District Court 22 District Attorney 25 Appendix Definitions 26 Charts - Courts 32 Release 36 Needs 37 Population 38 Credits 39 LEAGUE OF WOMEN VOTERS OF BRAZOS COUNTY SEPTEMBER, 1974 A SURVEY OF THE EXECUTIVE AND JUDICIAL SYSTEMS OF BRAZOS COUNTY The purpose of this study is to educate ourselves and our community, as fully as possible, to the facts and functions pertaining to the law enforce- ment agencies, the courts and other related agencies in Brazos County. Our goals are: - to understand the present system of administering justice - to determine ways of creating more effective and responsive judicial and executive systems in Brazos County. The material contained in this booklet was obtained through private inter- views and public meetings throughout the past year with many officials in Brazos County.* We wish to express our gratitude and appreciation to each of these people for their cooperation. We also thank the LWV of Dallas on whose study we have leaned for guidance. Our study will continue throughout this year with emphasis on the rights and welfare of the juvenile and his parents. Individual rights are one of the cornerstones of our constitution. Those that bear review as they relate to our study are: Amendment IV, "The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized." Amendment V, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury... nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law..." Amendment VI, "In all criminal prosecutions, the accused shall enjoy the right to a speedy trial and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witness in his favor and to have the assistance of counsel for his defense." Amendment VIII, "excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted." *See p. 39 1 Amendment XIV, ":...No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the law." TAMU LAW ENFORCEMENT TRAINING division of the ENGINEERING EXTENSION SERVICE CHIEF: Ira Scott The Law Enforcement Training division, established at TAMU in 1944, is headed by Chief Ira Scott. The objective of the program is to offer train- ing to the officer on the job in the smaller police forces. Councils of Government (COG), combinations of counties and cities into regions, funds the TAMU Regional Training System. This training school is the only school of its kind in the state, and in most of the Southwest. Many larger cities in Texas have their own police academies. The staff at the Academy consists of eight instructors, who are required to have at least eight years' experience. A degree is preferred, but not re- quired. Instructors must have graduated from a police academy and be cer- tified in all advanced courses. They also attend the TAMU teacher training course offered by the Industrial Education Teacher Training division - six 40 -hour courses. The TAMU Police Training school does not offer a degree, although there are schools which do offer degree programs. The curriculum now includes a oasic course of 240 hours. Classes of about 25 trainees meet for eight hours per day for eight weeks. The curriculum now includes a basic course of 240 hours. Classes of about 25 trainees meet for eight hours per day for eight weeks. Emphasis is on making legal arrests, procedures in search and seizure, making good cases in court, community relations and learning to protect the law officer. Some of the training also includes history and philosophy of law enforcement, police organization, study of the courts, social agencies services, juvenile law, and traffic control and criminal investigation. Standards for the basic certification curriculum were set in 1967 as a result of the Commission on Law Enforcement Standards and Education. To qualify for basic training, a person must be a bona fide Law Enforcement officer as defined in the Code of Crimimal Procedure, or recommended by a law enforcement agency. The cost is $100. Chief Scott estimated that police trainees are about 80% white and Mexican American, 15% black - -with about 5% female. After a policeman completes the basic training courses, he may be sent to specialized training in such areas as fingerprint identi- fication, polygraph examinations, police psychology...Chief Scott estimated that about 80% of most policemen enroll in advanced training. The program offers "on campus" courses at TAMU, area extension courses, as well as extension courses sponsored by individual cities or couties. 2 Special courses are offered for raw enforcement training directors, instruc- tors, chiefs, sheriffs and supervisory officers. Costs range from $300 tuition for primary 40 -hour courses to $2000 for the 6 -week 240 -hour basic course. The salary of a starting policeman varies with the area of the state and the individual police department in which he is employed. Most policemen are paid at a rate far below an acceptable level, according to Chief Scott. he believes that a beginning salary for a patrolman should be $12,000.. Policemen in the larger cities are under their own, or state, civil service. Now policemen have to be employed for a certain number of years before each promotion. Even a college graduate must start as a patrolman and work up through the ranks before promotions and salary raises are possible. TEXAS A & 1i POLICE DEPARTMENT CHIEF OF POLICE O. L. Luther Hired by : TAMU Salary: SWORN PERSONNEL Dept. Budget: $322,000+ CIVILIAN PERSONNEL 1 Lieutenant 7 employees 2 Sergeants secretaries 2 Investigators clerks... 28 Patrolmen Salaries: Salaries: $6100 The Texas A & M Police Department has jurisdiction over the TAMU campus. It is responsible for the safety and well being of the persons living and working on the campus, and for campus property. The department is funded by the State through Texas A & M with a yearly budget of $322,000. The department is set up in administrative and operational divisions. • The sworn personnel number thirty - three. This number includes the police chief, a lieutenant, sergeant, investigators and patrolmen. Two of these are female. There are seven civilian personnel - -two male, five female- - one of these is black. Salaries range from $6100 for sworn personnel; Chief Luther believes this figure to be too low. Retirement benefits and pension plans for employees are the same as those received by the Texas teachers. Of the sworn person- nel, only Chief Luther belongs to a police association. He holds membership in the Brazos Valley Police Officers Association. 3 Recruitment of officers is done primarily through newspaper advertising. Qualifications for TAMU officers are set by University policy, and Chief Luther has recently written new standards for his officers. They include a high school education, screening, written exams, oral interviews, a six - week training period and, finally, a probationary in- service training period of six months. Officers' promotions are based on performance. At present there are no educational incentives in use. The department does participate in some of the special police training programs at TAMU. The department is responsible for investigating all offenses on the cam- pus; however, the most prevalent offenses are theft (at all levels) and traffic violations. The department maintains communication with its com- munity through a Student Public Relations Committee and through talking to student groups. Some cases, such as emotional problems, are referred to Dr. Sara Jones of the Psychology Department. Offenses considered serious enough for probationary measures are referred to the Dean of Men and /or the Dean of Women. The campus has no jail or holding cell. The Brazos County jail is used for detention. Chief Luther stated that he thought an information booklet on the due process of law would be helpful to students. COTTEGE STATION POLICE DEPARTMENT CHIEF OF POLICE Marvin Byrd Hired by: City of College Station Salary: $14,000 Dept. Budget (1974): $241,173 Percentage of city budget: 6.49 SWORN PERSONNEL CIVILIAN PERSONNEL 9 patrolmen 4 dispatchers 2 sergeants 1 secretary 1 lieutenant 1 court clerk 1 detective Base pay: $4,200 Base pay: $6,600 4 The task of the College Station Police Department is to keep up with the mushrooming population of the city. Chief Marvin Byrd has been with the department for seventeen years. He is acutely aware that his force must grow and develop to serve this fast growing "small- town - turned - city." Presently the C.S.P.D. consists of seventeen sworn personnel, all of whom are men; one is black. Civilian personnel number six. Five of•these civilians are women. Because the department is small, it is not divided into specialized units. Each officer is trained to handle all types of offenses. Recruitment and training of police officers are not considered problems in College Station as there are many qualified applicants for every job opening. The city requires state qualifications for patrolmen which in- clude high school graduation, or its equivalent, a medical exam, written tests and no record of felony or major misdemeanor. A patrolman must be certified by the state within twelve months after he has been hired. This includes 240 hours of school as well as on -the -job training. Presently, all officers have received training and experience in other cities before joining the College Station force. There are many educational opportuni- ties for in- service training. Funds are available from the city and from the Brazos Valley Development Council for officers to attend school. A serious limitation to these opportunities is the small amount of time the department can allow its officers to take from their duties. The starting salary of a police officer on the C.S. force is $550 per month, which is slightly lower than salaries in many towns of comparable size. The average age of sworn personnel is thirty years. A retirement program is available to all municipal employees. College Station police- men do not belong to a police association. Policemen in College Station answer an average of 600 calls per month in addition to their regular patrolling duties. They also meet with school children of all ages and community groups in an effort to promote good police - community relations. Traffic violations are the most common type of offense handled in College Station. Burglaries, thefts and vandalism are other offenses most often investigated. "Leash law" investigations are considered tedious and time consuming. (See chart on next page.) College Station uses the Brazos County jail to detain offenders. A fee of $5 per day per person is charged by the county for use of its facilities. Average cost of an arrest and booking is $10 -$12. The C.S.P.D. is funded by city revenue. Immediate needs of the department, as funds become available, are:more officers, more patrol cars and a hold- ing cell at the police station. Some federal funds are available for equipment. In 1973 (to October) 1668 traffic tickets were issued; 439 accidents were investigated, 68 juveniles were placed under arrest in College Station in 1973. 5 T C U - rn 01 17 o M m T C OP L., C fu. IA 91 M M 0 ' N 0 L. C N T. [ M N FN. N N - U. N U C V 0 0 h 0 V U N 94 91 O O O 0 IL A ir, M M , o z y q N \ M N Z I U W 01 t U 5 o. M C * u L dp O F 41 0 s 0 s u ▪ L N CO of N O F CO v • % ul O1 V C 0 S 17 s O 5 % Y F W - S M 01 ■ • , 0 U C 0 O • u o U O c N F 0 Ul O ., O J U .O \ _ • < 5 S I- O N u U - V\ J L - LA M X H Q F T. U u st, • N. 0 17 C v N. N L S - U Ol CT 1 • Z - F U Ol rn W O C I L ■ N N It M E H 1 Cr) ra rn E a y, 01 co CO • E i 0 ..4 CO W ° N. N. M U O - • U O m I H fil — Ei E"1 0:N o 0 0 C (� (Z' d 1 � O O a< N (4 Q • 0 N W 1 'J O l a a" a a Y � H 0 M Z O U 0 CC d N y�-�I o H v co H L{ U w w m — U a o 1 CC N. v L. 17 In u, u+ o J U _ 9 O . 1 1 J Z A n n I` Y 01 T O1 01 M 1�- t y 01 0 O U U v C 17 Y U [ q > U 6 T a T 1 a u v o a Y 17 x. v 0 j u 17 C v 'n u N m H L. I c v C-1 a, u u c u Y Of v o L4 Y i0 v ✓ ▪ v\ Y mt 0 C CO 0 . o U \ U t W 2 O O u O u- 0 O m q a z o C u J Z o [ z u • > _ - - 6 BRYAN POLICE DEPARTMENT CHIEF OF POLICE Joe C. Ellisor Hired by: City Manager Salary range: $13,740416,560 ASST. CHIEF OF POLICE Major Charles W. Phelps Salary range: $11,290=t14,400 Dept. Budget (1973 -74) $661.454 General Fund of Bryan Percentage of city budget: PCR DIVISION UNIFORM OR PATROL SPECIAL SERVICES BUREAU A Lieutenant with Under direction Under direction 8 other employees of of Sgt. Gene Knowles Capt. Howard Hill Includes: 3rd in command* Budget Records Maintenance of vehicles Social services INVESTIGATIVE Court Bailiff* DIVISION A Lieutenant with *SALARY RANGES FOR: 5 detectives CIVILIAN PERSONNEL Capt.: $10',320 - $13,800 Lieutenant: $9,4.20- 5 clerks - secretaries $11,880 4 dispatchers Patrolmen: S77k0- $9 2 animal control Salary ranges: $2.21- $+.11 /hr. The Bryan police department is responsible for the safety and protection of all persons and property of the City of Bryan. Of the forty- eight sworn personnel on the Bryan police staff, five officers are black and four are Mexican- American. There are nine Civilian employees which include two black persons. For the past three years the department has maintained a relatively full department. There are currently no vacancies. Most new recruits are en- 7 couraged by word -of -mouth communication with members of the police force. Qualifications for Bryan officers are basically the minimum standards set by the State Commission on Law Enforcement Standards and Education (1969). All patrolmen have a high school diploma or a GED with at least completion of the 10th grade. Currently several staff members have associate degrees or B.A.'s. However, recruiters first look for common sense, then look at educational credits. The new patrolman works with various policemen on the staff until he is able to attend TAMU's Extension Service Police Aca- demy. State law requires that a trainee receive a minimum of 240 class- room hours within one year after employment. Currently educational incen- tives are in effect, although they have not yet affected pay raises. The department does participate in special police training programs at TAMU in addition to the Academy course. Some special training sessions are funded by the Criminal Justice Department. Federal funding is channeled through the Texas Criminal Justice Department. This past August a session on Police and Community Relations was offered here, and in December of 1973 a 20 -hour course on the new Penal and Family Code was held. In the Bryan Department at the present time some 30 of the 55 employees have some col- lege work. Starting salaries for the Bryan police trainees are $590 per month; the maximum pay is $820 allowable, but most of the patrolmen earn $666 per month. The police department uses the city retirement and pension plan, which is the Texas Municipal Retirement System Mutual Fund. There are numerous police associations at all levels...loca.l, county, regional, state and national. The department has a Bryan Police Benefit Association which remains non - political. The Brazos Valley Police Association is re- gional. Chief Joe C. Ellisor is a director of the Texas Police Chief's Association. Police officers belong to state and national organizations. Offenses most commonly handled within the jurisdiction of the Bryan Police are traffic problems; about 35% of all calls at the dispatch desk concern family disputes and disturbances. There are often times when calls can be referred to other agencies such as the County Welfare Department or the Central Brazos Valley Mental Health Center. Community Relations activities are currently under the direction of Sergeant Gene Knowles. Safety pro- grams have been conducted for schools and civic groups. The department feels that more educational programs directed to teenagers would be useful in keeping them informed of new traffic regulations and changes in law, as well as for drug education. All officers are considered community rela- tions officers. Juvenile records are kept separate from others as directed by the Family Code. When a juvenile arrest is made, parents are called and 95% of the youth are released to parents to report at a later time. Serious juvenile crimes are taken to the Juvenile Probation Dept. One problem area is the best way to care for run -a -ways. Bryan uses the Brazos County jail to house offenders at a cost to the police department of 4)5.00 per day for each prisoner. There is no city jail. In Bryan, after arrest, a person can make any number of calls he 8 needs; and in felony or major misdemeanor cases, he is warned of his consti- tutional rights. It is the practice of the police department not to detain anyone in jail without a warrant for arrest (charge). Persons are not held for many hours unless they are picked up at night and have to wait until morning to be processed. Charges are filed as soon as a judge is available. A person is detained until he has satisfied the court's requirements. Bond is set by the judge, but the Chief of Police can raise this to a maximum of $200. drAZOS COUNTY SHERIFF'S DEPARTMENT BRAZOS COUNTY SHERIFF DEPT. J. W. Hamilton Sheriff Elected position Salary: $12,000 (1974 figure) Budget: not available FIELD OPERATIONS JAIL OPERATIONS r�{, AX 6 Deputies , hx - 4 Jailors or Guards One of these only Salary: $550 -4)600 serves papers 1 Bailiff Salary: $775 2 Secretaries All employees are sworn personnel. The Brazos County Sheriff's Department, under the direction of J. W. Hamil- ton, is responsible for serving subpoenas and warrants in the county; for detaining county prisoners and prisoners for agencies within the county that do not have their own jail facilities (Bryan and College Station); and for patrolling the unincorporated areas of the county. Sheriff Hamilton, the senior law enforcement officer of the county, employs thirteen sworn personnel for his department. The department is divided into field operations and jail operations. In the field operations divi- sion are six deputies who are hired at a salary of $775 per month. One of these deputies works full time -- serving papers. In the jail operations division are: four guards (jailors) who are employed at a salary of $550- $600 per month; one bailiff and two secretaries. Sheriff Hamilton feels that the latter salaries are not adequate. Because of the small size of the department, duties of the personnel often overlap - -i.e. the secretaries of the department also serve as matrons to the female prisoners when the 9 need arises. The staff is made up of twelve males and two females; thir- teen white and one black. All sworn personnel must meet the basic standards for law enforcement officers as set by the State Commission on Law Enforcement Standards and Education -- including a high school education and 240 hours basic certifica- tion course. There are no specific recruitment programs. Soms of the per- sonnel are hired from police departments. No educational incentives are used to encourage deputies in further training, and salaries are set with little opportunity for increase. Some of the guards are TAMU students, and others are currently enrolled in courses in criminology at Blinn College. The employees of the Sheriff's office participate in the County Retirement Program. None of the members of the department belong to police associa- tions. On- the -job training of new employees is provided iry other members of the Sheriff's department, however this is not set up with any formal require- ments. The department is funded by the county commissioner's court, but the Sheriff could not provide a figure for his total yearly budget since he has not seen such a figure for several years. Between $2,000 - $3,000 is collected each month for serving summons. The most frequent arrests, estimated by the Sheriff, are for DWI offenses, burglary, drugs, family quarrels and run -a -ways. We were not able to attain specific figures since no records are kept as to the types of offen- ses, race, age, sex, etc. of offenders. Prisoners are detained in the county jail. When an arrest is made, that is - -when it is recorded and the person is "booked," the offender is taken to the county jail. He is allowed to use the telephone as soon as possible. The initial phone call is arran- ged by an employee of the Sheriff's office. Then the person must be taken before a magistrate within a reasonable length of time. This is usually no longer than a day, but could be as long as two if the arrest is made on a week -end. When necessary, Spanish speaking officers from the Bryan Police force are called to help inform Spanish speaking persons of their rights. When a juvenile is arrested, the Juvenile Officer or Juvenile Judge (District Judge in Brazos County) is contacted. Often, with the approval of the judge, the juvenile is released to the parents and instructed to report to the court at a later time. Arrested persons can arrange for release by calling one of the two active bail bondsmen in the county, or by posting personal bond. The judge sets the amount of bail in accordance with the crime charged. BRAZOS COUNTY JAIL The Brazos County jail is under the jurisdiction of the sheriff. It is funded by the county, and through revenues from the $5.00 per day per pri- soner charged to the cities that use the jail. The cost of housing a pri- soner is approximately $4.00 per day. 10 The county jail is the only detention facility in Brazos County. All persons arrested in the county are brought here. The jail was built seventeen years ago and at that time was up to standard. After recent inspection by the State Department of Health, several recommendations were made for improvements - -among them were: the installation of drinking fountains and diet recommendations. The use of solitary confinement cells is now unlawful, therefore, this cell is no longer in use. The improve- ments have not yet begun, at the time of this printing. The jail has a maximum capacity for 72 - prisoners and has an average occu- pancy of t 1 prisoners. Some prisoners, however, serve sentences only on week -ends in order to remain employed and support their families during the week. The jail facility includes: four tanks each of which contains ten bunks, one table and one open bath and toilet facility; one large cell which contains sixteen bunks and toilet ; three drunk tanks which contain benches, tile walls and a drain; two cells for women which contain four bunks each, "day room shower" and toilet and visitors' windows; and four juvenile cells each of which has two beds and bath facilities. The juvenile cells are quite small, have solid doors and no daylight. When unoccupied, the juvenile cells are sometimes used for other prisoners such as mentally disturbed persons. Lighting in all cells consists of one light bulb. Bedding is provided for all bunks, however, it was noted on our tour of the jail that few inmates had bedding...sheets. The jail contains a kitchen and a dining room. The dining room is used for Grand Juries... Female prisoners are segregated from male prisoners, and juvenile prisoners are segregated from adult prisoners. Prisoners are provided with cleaning supplies so that they can clean their own cells or tanks. Books and magazines are made available to the prison- ers, and radios are permitted in the cells and tanks. Long -term prisoners occupy themselves by playing games such as checkers or dominoes, going to the store or working around the jail. There are no physical exercise facilities outside the cells. There is no rehabilitation program for in- mates. No medical care is provided in the jail. If a prisoner becomes ill, he is accompanied by a deputy to the Bryan Clinic. Prisoners are allowed to use the telephone "within reason," and are allowed visitors on Saturdays from 9:00 -10:00 a.m. Juveniles may have visitors more often. Prisoners may earn money by shining shoes for the Sheriff. Prisoners are fed in their cells twice a day. Breakfast of coffee, hot cereal, bacon, bread and, sometimes, eggs is served at 7:00 a.m. The second meal is served around 12:30 -1:00 p.m. and consists of beans and vegetables - -with stew on Wednesday and chicken on Sunday. Prisoners may buy fruit. At the time of the interview, there was no cook at the jail. One of the trustees was serving in this capacity. The food costs for the jail are approximately $1300 -$1500 per month (1973 figures). A prisoner's misbehavior may lead to the removal of privileges- -such as the use of cigarettes, candy, books and radios. Good behavior is rewarded 11 by the "trustee" program used in the jail. A prisoner, after six months of "good time," may have the use of a special large room. He may nave better bedding, watch television and perform jobs around the jail. 'Trustees are also allowed to go out of the jail on jail business or to shop. Pri- soners not in the trustee category may leave only for funerals or doctors appointments, and they must be accompanied by a deputy. As of January, 1974, the maximum sentence in the county jail is one year. The average length of detention prior to trial is fifteen days. Prisoners who are given "good time" consideration may have their sentence reduced by one - third. The district court may sentence offenders to the penitentiary or to the county jail. The county court may sentence only to the county jail; therefore, the majority of the offenses the jail handles involve Dwl and petty theft cases. No records are kept on file as to age, sex, race of offenders, but the sheriff estimates that half of the adult prisoners are black and male, 25 -30 yr.; more juvenile offenders are female. BRAZOS COUNTY PROBATION DEPARTMENT Chief Officer: John Godfrey The Probation Department for Brazos County, now under the direction of Chief Probation Officer John Godfrey, has been in existence for fifteen years. Although the Probation Department is presently a county function, it is possible that it may eventually be set up as a seven - county regional office. The Chief Probation Officer is appointed by the District Judge. He is compensated by the county. The Chief Officer in turn hires his staff - which presently consists of two probation officers, one secretary and four TI graduate sL,":ent volunteers who are working in sociology and psy- chology. The officers are responsible for handling both adult and juvenile cases: the yearly case load numbers about 1,000 - -some 400 of which are juvenile cases. The staff also works with the Troubled Youth Program and with the Visiting Teachers in the public schools. Probation Officers' qualifications are set up by the Texas Legislature and vary as to the population of the county in which he serves. Smaller counties require two years of college work. Some west Texas counties use the services of sheriffs or police, while in east Texas the office often takes on the social work role. In Brazos County, a bachelors degree is required, preferably in Behavioral Science. In order to progress, an officer should have a masters degree. Salary range for the Chief Officer is $900 -$975 per month, and for other officers, salaries range from $600- $700 per month. The chief officer in Brazos County has 15 years experience - -with university work at the graduate level. Both officers have graduate 12 level education and 3 years' experience. All participate in workshops and seminars. The Probation Department is partially funded by the Brazos County Commis- sioners Court and partially financed through adult probation fees. Per- sons placed on probation from the County Court may be charged fees ranging from $6.00 per month. Those placed on probation from the District Court may be charged fees ranging from $10.00 per month. A probationer may pay these fees monthly or all at once. There is no provision for juvenile fees - -which could create a problem if adult and juvenile programs were separate, as they should be and are in larger counties. The county has allotted a budget of $10,000 for the Probation Department for 1974 dependent on the amount of monies brought in from fees. Fees bring in about $17,000 a year. However, the District Judge may order from the county whatever funds he deems necessary to carry out programs. If the department were regional, federal funds would be available through the Criminal Justice Council of Texas. The NCCD recommends good probation service costs $250 per case. An adult probationer only becomes involved with the Probation Department after his case goes to trial. Probation is a pre- incarceration function. When a person is placed on probation he is required to check with the de- partment once a month - -or as ordered. The department also helps him obtain employment (when needed). In this way the person is in the community, con- tributing to his family and often elimating a welfare family. The average cost of incarceration is $7,000 a year. If probation requirements are not met, the judge can revoke the probation and send the person to prison on the original charge. A small percentage of probations are revoked. In Brazos County, of the active cases ending in 1972, there were 181 adult felony and 393 adult misdemeanor cases. Of the total cases handled in 1972, there were 724 misdemeanor and 259 felony cases. A juvenile is a child between the ages of 10 and 17 or 18. Juvenile cases come under civil law rather than criminal law. Juvenile cases in the probation department are much more time consuming than adult cases because the department receives the cases from the time of arrest (or re- ferral) and, also, deals with the juvenile's family. When a juvenile has not had a case before the court, before being referred to the Probation Department, his case is handled as "office probation." "Office probation" consists of office conferences with the youth, the parents, and both; counseling and home visits. These cases consist mainly of truancy, Tun- a -ways, etc. (Children under 10 are turned over to the Child Welfare De- partment.) Juveniles are taken before the court when a felony has been committed- - or habitual (three) jailable offenses. The decision to take a non - felony juvenile case before the court is made by the probation officer. When this does occur, the probation officer recommends terms of probation; the judge sets the terms, and the probation officer carries them out. When a juvenile arrest is made, the juvenile is often released to the parents to report to the court at a later date. If it is felt that he 13 might: commit another crime, leave the jurisdiction or injure someone before he returns, then he is incarcerated in the county jail. Juvenile facilities in the jail consist of four small windowless cells with two bunks, a shower, basin and toilet in each. When a juvenile is apprehen- ded by a law enforcement officer, all records, by law, should go immedi- ately to the probation office. Bryan does this regularly. The sheriff's department and College Station have been handling these themselves. Upon arrest, juveniles are told of their rights by the police (and later by the judge). Under the new Family Code fingerprinting and photographing are forbidden - -with special exceptions. In our interview with Mr. Godfrey, he stated that he sees the juvenile every day while that juvenile is incar- cerated. The court procedure followed after incarceration is as follows: On the next day, unless it is a week -end, the judge holds a detention hearing. He may at this time order the child detained for ten days. After the de- tention hearing, the child must be released within ten days or have another detention hearing. Also after this hearing the court may appoint an attorney to represent the offender. Adjudication is held within four- teen days of the offense, and third is the disposition of the case. Juve- niles have the right to a jury trial, but this is usually waived. It is the policy of our Juvenile Court not to jail a juvenile without calling the Probation Department. The judge of the 85th District Court also serves as the Brazos County Juvenile Judge. In accordance with the new Family Code (1973), all juvenile judges must now be licensed attorneys. All District Judges are licensed attorneys; County Judges are not required to be licensed attorneys. Also under provisions of the Family Code, juvenile records must be kept separate from adult records, and must be kept sealed unless directed to be opened for inspection through a court order. Three cards are filed on each juvenile- -one is placed in the police records, one in the sheriff's records and one is placed in the probation office. At the end of a proba- tionary period a juvenile can file papers to expunge his records. Requirements for a juvenile on probation in Brazos County often include: school attendance (with the cooperation of the school), adherence to the law and regular church attendance. Juveniles must check in with the Pro- bation Department once each week for the first month and than once each month. In 1972 the department handled 115 female cases - -five of which were offi- cial probation. One was revoked. Three females were on "office probation." There were 291 male cases -- twenty -two were official probation and ten were "office probation." Approximately 984 of these cases were referrals from law enforcement agencies. About 50% are repeaters. Other referrals come from schools, parents or are transfers from other areas. Most offenses were burglary, theft, shoplifting, truancy, disturbing the peace, vandalism and run -a -ways. 14 The Juvenile Court is served by a Citizen's Advisory Committee of twelve people from the community who meet quarterly. They have investigated, in the past few years, along with the Mental Health Center and the Brazos County Child Welfare Board, the possibility of a children's shelter. This effort has failed to materialize due to lack of adequate foster care funds. Future needs of the Probation Department, as gathered from our interview with Mr. Godfrey, are: * a regional probation service * a regional detention center - -seven county region * increased county counseling - -low cost * increased financial support to average of $250 per case * increased number of foster homes in county * recreation centers for our youth * children's shelter MJNICIPAL COURTS BRYAN Wm. B. Langford Judge Salary: $8000- $10,000 2 clerks 1 bailiff In Bryan the municipal court holds daily sessions from 9 to 11 a.m. It has jurisdiction in criminal matters in which the punishment does not exceed a fine of $200. Longer sessions may occur when jury trials are held. From municipal courts appeals go to the county court. Commission - appointed officers of the court include the bailiff and the court clerk. The court uses talesmen juries only. Judge of the City Court is appoin- ted by the City Council. There are no special qualifications. Joel Roberts City Attorney Salary $18,000 - $20,000 (full time) 1 secretary land agent The city attorney is the chief legal officer of the city. He must be an attorney licensed to practice at least two years prior to being appointed. He renders opinions to city department heads and represents the city in court. 15 COLLEGE STATION Phillip Goode Judge Salary: $6000 court clerk In College Station the municipal court holds sessions each Monday and Thursday at 2 p.m. It has jurisdiction in criminal cases whicn occur within the city limits and have a maximum penalty of $200. The court also handles all violations of city ordinances. The municipal judge is appointed by the city council for a term which runs concurrent with that of the mayor. Neeley Lewis City Attorney Salary: $4200 (retainer) part -time secretary The city attorney is also appointed by the city council. He serves as legal advisor to the council, its officers and all other city departments. JUSTICES OF THE PEACE IN BRAZOS COUNTY JUSTICES B. H. Dewey, Jr.-- Bryan- -Prec. 4, Pl. 1 Jess B. McGee -- Bryan - -Prec. 4, P1. 2 Michael B. Calliham -- College Station - -Prec. 7 P1.1 Elected officials: to serve a four -year term Salary: $9,000 is set by the Commissioners Court Staff: 1 Constable serves each justice Elected official: to serve four year term Salaries range from $200 - $480 /month 1 part -time secretary for Judge Dewey 1 part -time secretary for Judge Calliham No secretary for Judge McGee Salary ranges: from $2100 -$3600 16 JUSTICES IN BRAZOS COUNTY (Outside B -CS City Limits) Fletcher Pool-- Millican- -Prec. 1 (this position will be vacant 1/1/75) Joe David Novosad - -Rt. 1 Bryan - -Prec. 3 Salary: $480 /month CONSTABLE PRECINCTS Raymond Day -- Millican - -Prec. 1 Dick Munday -- Bryan - -Prec. 4 Sam Fachorn - -Rt. 1 Bryan- -Prec. 5 E. W. Sayers -- College Station - -Prec. 7 The County Commissioners must, according to law, establish in each county not less than four and not more than eight justice precincts. In each precinct there shall be one justice of the peace and one constable, each of whom shall hold his office for four years. In any precinct where there is a city of 8,000 or more inhabitants, there shall be elected two justi- ces. When a vacancy occurs in the office of a justice, the Commissioners Court shall appoint a successor who serves until the next General Elec- tion. There are five elected justices in Brazos County, although there are seven justice precincts. The Commissioners Court has recently taken action which will eventually combine precincts two and six into precinct four thereby reducing the number of precincts to five and leaving a vacancy in one precinct. Qualifications for justices of the peace consist of citizenship and resi- dence requirements. One need only gain the nomination and win the elec- tion. As a result most justices have no training in the law. In Brazos County, however, two of the three justices are attorneys. At least one of our justices is a member of the JP and Constables Association of the State of Texas and spends twenty hours or more a year attending conferences and workshops relating to his services as a justice of the peace. He feels that this is a necessary requirement because of the frequent changes in the law. Jurisdiction of the justice of the peace courts encompasses all of Brazos County - -in criminal matters of all cases where the penalty or fine to be imposed by law may not be more than $200, and in civil matters of all cases where the amount in controversy is $200 or less. Justices of the peace shall be ex officio notaries public and shall hold court at such times and places as may be provided by law. Judge Calliham holds court the last Thursday and Friday of each month; Judge Dewey holds court the third Thurs- day of each month; and Judge McGee holds court from 8:30 -11:00 each day of the month. Justices may assess fines of from $1.00 -$200. They may not 17 impose prison sentences except for contempt of court (not to exceed one day) and failure to pay fines (one day of jail for each $5 of fine). Appeals from the justice court - -or request for a jury by either party - -go to the county court. Hearings are informal and the Justice renders judge- ment. Constables serve as officers of the justice court. Their duties are to serve all civil papers. Since the salaries for this position are low, most constables hold other employment. (Salaries are about $4.80 /month for this position.) Duties of the justice court: to provide an inexpensive and expeditious method of settling small disputes and claims that are not large enough to justify hiring a lawyer or filing suit in a higher court. - Affadavit for Distress warrant. title to automobile. - Affadavit for Administrative Hearing determining - Estray of animals. PC (Stock) 1340 -Civil Suits for $200.00 or less, including tax suits filed by City and School Districts. -Small claims suits for 5150.00 or less ($200.00 labor), cost of $5.00. - Eviction suits — Landlord's suing tenant for possession after non - payment of rent. - Misdemeanor cases if punishment is set by law at $200.00 or less (only) (no jail time). Defendant can lay out fine at $5.00 per day. - Fingerprint those convicted of driving without a proper license and file form with DPS. -Hold administrative hearings on habitual violators (suspend driver's license) — 4 moving violations and 2 for juveniles — up to one year suspension. -Issue warrants of arrest, even for felonies, after complaints filed. - Summons on hot checks, landlord and tenant defrauding an innkeeper, and failure to send child to school. - Arraign defendants on misdemeanors and felonies (give statutory warnings and set bond), Cash, Personal or Surety Bonds. - Report to Grand Jury on criminal cases examined and tried by JP. - Extradition, fugitives from justice —set bond. -Take pleas of guilty, not guilty, or nolo contendere (write Letters) on complaints in JP Court. -Hold examining trials. - Record births and deaths occurring within the precinct,.outside the City of Bryan. -Issue burial and/or removal permits for out -of- the - country transit. -Hold inquests on deceased persons dying an unnatural death, or without a physician's care. -Order autopsies to determine cause of death, or to determine criminal statistics in suspected criminal violations. -May empanel a jury to conduct an inquest; order a body disinterred for an autopsy, hold inquests on arson. -Take fines and cost -issue receipts and make deposits —Keep cash book and make monthly report. - Perform marriages, after license issued by County Clerk. - Secure appointments for alcoholics who volunteer for treatment; Issue warrants for defendants for a mental examination — over 50% mental patients are referred in this manner to hospitals. County Court determines mental illness. -Hold hearings on misdemeanors —Trial of criminal cases. Of these cases, the ones which require the most time for the Brazos County justices are: hot checks (25cg); weddings (these are permormed most often by Judge McGee); speeding tickets; landlord- tenant disputes; car accidents; complaints; and deaths, suicides and murders. All of the Brazos County justices strenuously object to filling the role of coroner. They feel a medical examiner should perform this task. A Conroe doctor is used to perform autopsies. One of the justices estimated that the duties of his office required approximately 248 hours a month and these mostly for mis- 18 demeanors, small claims, writs, warrants and processes, arraignment, bail and preliminary hearings. He stated that the average case load has in- creased significantly over the last two years, and that more help is needed. Needs of the Brazos County justices are: quality control in the office of the justice; better salaries; more clerical help; and ridding the justices of the responsibilities of coroner. BRAZOS COUNTY COURT COUNTY JUDGE The Hon. W. R. Vance Elected official: to serve a four -year term _ Salary: 11.3 paid by the county ` 0 000 - Staff: 1 secretary ` Salary: $6,000 Jurisdiction: Brazos County Location: Brazos County Courthouse County budget: $1,546,530 and $125,980 for road bond retirement A person must be twenty -one years of age and a resident of the county to qualify for the office of county judge. No college or law degrees are required. Judge Vance, however, is a licensed attorney. Presently the county judgeship is a part -time position. Vance stated in our interview that the judgeship should be a full -time paid position. He also sees a need for a full -time county attorney. The Brazos County Judge wears many hats. His duties include administrative head of the`- bud- get officer; head of` -ci ivil defense; chairman of the Brazos County Health Board; presiding officer of the county commissioners and judge of the county court. Judge Vance also engages in the private practice of law. It has been suggested that the "judge of the commissioners court" and the "county judge" should be separate positions. As administrator of the Brazos County Commissioner's Court, the judge is in charge of the budget; he coordinates all elected offices of the county; he coordinates government agencies. He also represents the county on ail other committees, although present county commissioners are doing more of this. The judge negotiates and works in acquisition of right of way, and handles problems of the county as a whole. In the county court the judge presides over cases that involve: all civil suits where the is not less than $200 nor more than $1,000; misdemeanor 19 criminal cases where the punishment does not exceed one year in the county jail and /or a fine of $2,000; and probate matters. All lunacy cases, guardianships and county condemnation suits are processed by this court. The court., also nas appellate jurisdiction over the municipal and justice courts. Civil docket call is held on Tuesdays; criminal docket call is held each Wednesday; and the jury trials are held on Thursdays. At docket call, an alleged offender in a misdemeanor case may plead guilty and receive a fine or sentence at that time. If he pleads not guilty, a trial date is then set. Approximately 35 -40 cases are heard on each docket call day, accor- ding to County Attorney Searcy. (When a person pleads innocent to a charge, he has the choice of a trial with or without a jury.) Time elements involved in a criminal case from inception to completion (average figures) in the Brazos County Court: From offense to the filing of the complaint takes 5 to 7 days. From filing to the first time called takes 30 days (901 plead guilty at this point). Trial without jury from the first time called takes 2 to 3 weeks. Trial with a jury from the first time called takes 2 to 3 months. Jury trials are usually held in the county once a month. Petit Juries, in the county court, are six -man juries. They are selected by drawing from a container into which are placed the names of all registered voters in the county. These lists are updated once each year. Thirty -six names are drawn. A person called for jury duty may disqualify himself for spe- cific reasons, or he may be automatically disqualified if he has already served a certain number of days on a jury. The attorneys in the case each have three pre - emptory challenges of the potential jurors. A person chosen for jury duty receives $5.00 for each day that he serves. Persons awaiting trial may be released on bail bond or personal recogni- zance, or they may be detained in the county jail. Pre -trial release is not used. Any person who might be assessed a jail sentence and cannot afford legal counsel must sign an affadavit of indigence - -then the court appoints counsel to represent him. Attorneys are appointed on a rotating basis from a list of thirty attorneys in the county. These attor- neys are paid (by the county) $50 for each court appearance and $350 for appeals. $8,000 is allocated to the county court to cover these costs. (District Court is also allocated $8,000 for indigent defense.)* The types of cases most often tried in the Brazos County Court are DWI, assault, eluding police, child desertion, less than 4 oz. of marijuana. The county attorney estimates that the court handles 75 -100 misdemeanors per month and 150 -200 bad check cases per month. Approximately 1,000 cases were filed in county court in one month. * The Brazos County Bar Association has a legal aid program which renders help in civil cases. This is also set up on a rotating basis from a list of attorneys. 20 In the county court in 1973: 115 criminal cases were filed (figures from BVDC study) civil cases were filed cases were pending from 1972 cases were disposed of in 1973 cases were pending at the end of the year Budgeting is one of the many problems faced by the county. There is a need for expanded staff and facilities. The county needs a full -time county attorney and a full -time county judge with additional staff and office space for each. Because of the increased case load in the last few years, more court days are needed. COUNTY ATTORNEY Brazos County Roland Searcy Elected official: to serve a four -year term / Salary: $12,000 paid by the county '& G- 0 Staff: 1 secretary Salary: Budget: "on request" from the county commissioners court The county attorney must be a licensed attorney and a registered voter residing in Brazos County. The office of county attorney differs from county to county. In some counties of Texas there are no licensed attorneys residing in the county; in others the same person serves as both the county attorney and the dis- trict attorney. Some handle only civil cases. In Brazos County the county attorney is a part -time position; however, Mr. Searcy stated that the posi- tion requires about 95% of his time. He has a private practice of law also. The county attorney takes complaints and files them against alleged vio- lators of the law in the justice and the county courts. He prosecutes misdemeanors. He is the chief legal advisor to the county...i.e. he draws up papers in such matters as the proposed county park, and he is available to the county commissioners for legal opinions. Mr. Searcy stated that he feels the county attorney should be a full - time position, and that more adequate staffing is needed for this office. The caseload handled by the county attorney is designated under the county court. 21 85th DISTRICT COURT SYSTEM DISTRICT JUDGE JUVENILE JUDGE Hon. VI. C. Davis Elected official: to serve a four -year term Salary: $22,000 - paid by the State $ 4,000 - supplement for juvenile court. Paid by county Staff: court reporter Salary: $13,500 Jurisdiction: Brazos County Location: Brazos County Courthouse Although all other district courts in this region have multi- county juris- diction, the 85th District Court serves only Brazos County. It has juris- diction over all civil cases involving amounts exceeding $1,000, and con- current jurisdiction with county court where the amount in controversy is between $500 and $1,000, felony criminal cases, juvenile cases, divorces, adoptions, changes of name, titles to land, contested elections, and re- movel of disabilities of minority or coverture. The district court has appellate jurisdiction over the county court in probate matters only. The district court holds regular six -month sessions - -each April and November. It is the opinion of many of those involved in this court system that there should be a district court for every 50,000 population. Brazos County pre- sently has over 60,000 population and is growing rapidly. Separate dis- trict courts for handling civil and criminal matters should be established. This must be done by the Texas Legislature. A Grand Jury is selected for each term of the district court. Selection is made in this way: the district judge appoints six people to serve as a Grand Jury Commission. They are furnished a voter registration list from which they select twenty persons from various areas of the county. This is the Grand Jury Panel. From this list the judge selects twelve names to serve as the Grand Jury. Judge Davis alternates the formanship of the jury between men and women. The Grand Jury meets at least once each month during its term- -more often if needed - -and each juror receives $10 for each jury session. The Commission has access to the list of the previous Grand Jury so that the same people will not be selected repeatedly. The Grand Jury process is secret. Their function is to examine evidence presented to them by the district attorney and determine if the evidence is sufficient to bring a case to trial. (Pre - trial: determines what the issues are.) They then return true bills or no bills. District court has no involvement with a person until he has been indicted. Felony prosecutions must begin with an indictment by this jury. 22 Criminal cases can be tried without indictment if the defendant waives indictment and pleads guilty. The State requests that a case be set for trial; the court then sets the case. A person who cannot afford bail is held in jail until the time of his trial. "Plea Bargaining" is often used to save the cost of a jury in contested cases. Judge Davis often used probation, as opposed to prison sentences, in order to keep the offender functioning as a wage earner for his family and as a useful citizen. Few probations are revoked (95% success). If a probation is violated, the offender goes to jail on the original charge. There is no jury nor plead- ing at this point. The judge can set aside the jury recommendation and impose his own sen- tence in a case, but Judge Davis believes the community standards and judgements are good. In civil matters the defendant and attorney request that a case be set. The court sets it. If a jury trial is requested, the case is tried on Monday of each week when the Petit Jury is in session. There is no stat- ute of limitations after a case is set and citations are issued. Limita- tions are in effect if these two processes have not been followed. The court clerk is responsible for the placement of cases on the court docket. Docket call is held the first Monday of each month. At this time an alleged offender is presented to the court. If he pleads guilty, he is either fined or sentenced. If he pleads not guilty, a trial date is set. In civil cases, lawyers sometimes file cases and then do nothing more. To clear the docket of these cases, the judge sends written notice to attor- neys, who have had cases pending for over two years, stating that the case is set for January 1. If the attorney is not present on that day, the case is dismissed. In criminal cases, the district attorney can review cases and ask for dismissals on grounds of insufficient evidence... Attorneys are appointed by the court in criminal cases to handle indigent defendants. District court can set sentences to be served in either the county jail or the penitentiary. The caseload for the 85th District Court in 1973: - - 1056 cases were filed in district court - - 1791 cases were pending -- 867 cases were tried, settled...(123 of these were criminal) - 904 cases were pending at the end of the year The district judge in Brazos County spends 100% of his work time fulfilling his judicial duties. The district judge also sits as judge of the Juvenile Court in Brazos County. The juvenile judge must be a licensed attorney.* The County Court * As of January 1, 1974 the court is operating under a new code concerning juveniles. The Juvenile Code is Title III of the new Family Code. 23 decides where the juvenile court shall be...i.e. county or district court. The hearing of juvenile* cases is separate from the hearing of all other cases; however, there is no set day or time when juvenile court is held. Rather, it is held when the need arises. Juvenile justice in Brazos County is a speedy process. Juvenile Court handles two types of cases: 1) Dependent, neglect - -these involve placing children in foster homes or orphanages, appointment of guardians, etc. These are full -scale hear- ings. Dependent, neglect cases are brought before the court by the Welfare Department. 2) Delinquent Conduct a. children in need of supervision (CHINS) such as runaways and truants. b. violators of criminal law. Tnis involves full -scale hearings. When a child has committed a criminal offense, he goes through three hear- ings. First is a detention hearing at which the child is represented oy a hired attorney or is appointed counsel by the court. Parents must also be present at this hearing. The child, may be ordered detained (in the County jail) for ten days, or he may be released to his parents. Next is the adju- dication hearing (Judge Davis sets this for the week following the detention hearing) which determines the sufficiency of evidence. The child, his attorney, his parents and witnesses are present at this hearing. A child is entitled to a jury at this hearing, but most prefer to waive this right. The last hearing is the determination hearing at which the probation offi- cer presents the child's background and suggests action to be taken. The judge then makes determination of the case. Some juveniles are referred to the Mental Health Center--at the expense of the county. Many are placed on probation. (The Brazos Valley Development Center is working for a regional probation office.) Judge Davis stated in our interview that a halfway house is critically needed in this area. Delinquent children and Dependent- Neglect cases handled by the Juvenile Court in 1973: (figures are from the District Clerk's yearly Report) 16 cases carried over from 1972 30 new cases 45 cases disposed of 1 case pending at the end of the year Under the new Juvenile Code, juvenile records must be kept secret and separate from other records. They are destroyed after a certain number of years. *A juvenile is a child between the ages of 10 and 17 or 18 years of age. Juveniles between 15 - 17 may be tried as either juveniles or adults. This decision is made by the district attorney. 24 DISTRICT ATTORNEY 85th District W. T. McDonald, Jr. Elected official: to serve a four -year term Salary: $15,500 - paid by the State Staff: 1 Assistant district attorney Salary: $13,500 - paid through Criminal Justice Grant 2 Secretaries - one paid by the county, one paid by the Criminal Justice Grant The district attorney must be a licensed attorney. He is restricted from the practice of criminal law during his term, or the representation of an individual or State employee against the State. He is allowed a private practice, however. There are no investigative or special units in the prosecutor's office. He uses police department personnel, especially their detectives, for his investigative work. (No supplement is paid to him for his work in the Juvenile Court.) The county, by law, supplies the district attorney with an office. They also furnish telephone and supplies on an on request" basis. Jurisdiction of the district attorney includes handling cases from the Grand Jury indictments, presenting evidence to the Grand Jury, and prose- cuting cases in the District Court. The district attorney must evaluate and determine which cases are to be tried. He represents the Welfare Department (State) in battered child and child abuse cases. He becomes involved in delinquent child cases at the point of adjudication or proba- tion. He also handles uniform reciprocal child support 3ases. His office represents the demanding state, i.e. the state where the wife resides institutes the action for child support pursuant to the Uniform Reciprocal Child Support Act and the District Attorney in the county where the father resides represents the demanding state. The case load handled by the district attorney is described in the section on the d5th district court. Mr. McDonald greatly favors the Troubled Youth Program. He also stated that the jail was in need of updating in the areas of diet, record keeping and kitchen. 25 APPENDIX I LIST OF DEFINITIONS FOR EXECUTIVE AND JUSTICE SYSTEMS STUDY The following definitions are based on a list prepared by the League of Women Voters of Wisconsin, supplemented by Texas material from Texas Jurisprudence 2d, Bancroft Whitney, and the pertinent Texas statutes. Source: Dallas LWV. ACCUSATION - A charge of crime or misconduct.; indictment. ACQUITTAL - The forral act of freein" or clearin_g from an accusation. ADJUDICATE - To determine judically; adjudge; reach a judicial decision. ARRAIGN/TNT - Bringing the defendant before the courts stating to hir the charge in the indictirent or complaint, and asking him' whether he pleads guilty or not guilty. Arraignments rust be made before ragistrates 'raving territorial juris- diction. The purpose is to determine identity and plea of charged and - *hether he is indigent. This is done before a ragistrate and should be done as soon as possible. Eoth the arraignment and the plea are essential to a criminal trial. AIRLST - Arrest is the taking of a person into custody so he nay be held to answer for a crime. Arrest is made by actual restraint of the person, or by his submission to the custody of the officer. The defendant is not to be subjected to any more restraint than is necessary for his arrest and detention. An arrest ray be rade by (1) a peace officer with a warrant (2) a peace officer without a warrant,, or (3) a private person. PAIL - The security given by the accused that he will appear and answer before the prover court the accusation brought aEainst hire. This incluees a bail bond or a personal bond. The term recognizance is no longer used in Texas law. The eler:ents.to be considered in fixing bail are the nature of the offense, penalty, probability of defendant's flight, roots in the community, and apparent strength of proof. The amount of bail is a question of discretion and judgment depending on the circumstances of the case. PAIL BOND - Arranged generally through a bail bondsman (a person in the pro- fession of providing bail) when the accused cannot afford to deposit the full amount of security required anc' when the court does not perrit a personal bond. The accused pays the bail bondsman a percent of the arount of bail which has teen established by the ragistrate and the bondsran a to pay the full amount should the accused not appear. When the accused appears, as required, the bonds- man is no longer liable, but the percent paid to the bondsran is not refunded to the accused, but 1•ept by the bondsman. (Bail when obtained through a bail bonds- ran is in effect a fire, but it is not paid to the state.) BIFURCATED. T1IAL - A trial in two parts. In Texas the jury hears the evifence on guilt or innocense and then if the defendant is found guilty there is another trial to de-terrine the sentence. The defendant ray waive his right to a jury at this point and let the judge pass sertence, or the same jury which found hir guilty rust set the sentence. BURDEN OF PPOOF - The duty of establishing the existence of a fact to a certain de^.ree. In cririnal cases the state alone has the burden of proving beyond a reasonable doubt every essential element of the offense charged. 26 CHARGE - An accusation in legal form; a formal complaint or information. The basis for a warrant of arrest; the initial step in the proSecutjon for a crime. CO22LAfl T - A stateLent of t:'rong, grievance or injury; the first paper setting forth the plaintiff's cause of action in a civil suit. A charge brought before a magistrate alleging the comrission of an offense by a person named therein, with an offer to prove its cocrmission by alleging the facts that substantiate the offense. CO1VICTION - Tt..e adjudication of a person guilty of an offense. Summary conviction the finding of a person guilty without referral to another tribunal by. the magis- trate's court in the first instance; usually; in cases of minor offenses. The. entry of judgment, against a. defendant, whether based on his plea -of guilty or upon a f finding .o£ guilt by judge or jury. • • COUNT - In criminal procedure, a separate _.charge, as in an indictment. The different allegations in_an indictment or complaint, each purporting to be a separate charge.. CPfl!INAL LATJ - The lap' relating to crimes. Tie general theory of the cotrmon law is that all wrongs are divisible into two categories: (1) civil or private .rrongs, which are called 'torts', and (2) criminal or public wrongs, which are called crimes. Torts are remedied by civil actions usually brought by private persons, crimes are remedied by criminal prosecutions, brought by a public official (prosecutor) . A wrong may be both a tort and a crime; for example, embezzlement, in which the victim may claim damages for the amount embezzled, and the offender is subjected to punishment. nrr+ --f-� .,t.w DEFT : ATT - A person against whor a legal action is brought. to defend a charge placed against him. One who is obligated DEL E:7A- T (RIG1'TS OF) - The Constitution_ guarantees that no one can be deprived of his life, liberty or property without due process of lab-. The Con - stitution also guarantees to the defendant (1) no excessive bail; (2) no cruel or unusual punishment (3) no double jeopardy; (4) no self- incrir'ination; (5) trial by jury; (() indictment for a felon; (7) speedy trial; (8) public trial; (9) right to counsel; (10) confrontation of witnesses; (11). right .to obtain 'wit— nesses in his behalf;. (12) rig:t to appeal a conviction; (13) the presumption of innocence. LETE *'TICK The act of detaining or with_holdin^ of eitner a person or. a thing: a restraint; custody. Term is also used to distinguish police custody (e.g. for questioning) short of formal arrest. DISCHARGE -Legal release trot; custody; the formal and legal termination of the .state's custody. rischarge nay be conditional (as cn parole). and subject to revocation, or absolute (as at termination of sentence' EQUAL PPOTECTION OF THE LAPS - The doctrine stated in the Constitution that all persons in the jurisdiction of a state are entitled to the protection afforded by law on an equal basis. Legislatures may pass laws treating classes of people differently, tut there must be some reasonable basis for. the distinctions. The burden is on the person attacking a law to prove that the lawn discriminates in an arbitrary and unreasonable manner. 27 E %I''INI:'G TRIAL - A trial, after a cor has been filed to inquire into the accusation and to set tond. Fowever, there is no right to this trial and an indictment ray be returned by the grand jury without the examining trial having been held. Then there can be no examining trial. The examining trial is to discover evidence in advance of the cririnal trial. EXCLUSIOYARY RULE - The exclusion form trial of any evidence that was illegally obtained. Any evidence obtained in violation_ of the Fourth ?.rendrert cannot be used in,any federal or state court. rAIF.,TRIAL - A trial in which the issues are decided ty an impartial tribunal; one in which the rights of the defendant ::ave not teen violated or nrejudiced. This term is frequently used in the context of areurents that pretrial publicity pas made it impossible to secure an impartial jury, and thus, a fair trial. F_LSE MPRISOnr.ENT OR ARREST - Is the wilful detention by one (either civilian or legal officer) of another against the latter's consent and without authority of law. FELONY - Any offense that say be punished by Beath or confinement in the peni- tentiary. All other offenses are misdemeanors. GAD JURY - Consists of 12 persons who are chosen from 20 persons from different parts of the county. These persons must have, in addition to tLe regular jury qualifications, the ability to read and write and be of sound mind and Loral character. The function of a grand jury as ori_einally to protect the citizen from an overzealous prosecutor. If the defendant is to be held for trial the grand jury brings in a 'true till'; if the defendant is to be released the grand jury brings in 'no bill'. Grand jurors have inquisitorial powers and ray rake full investigation to see whether a crire has been committed, and if so, who committed it. They may investigate on their otin knowledge, or upon_ information of any kind from any source deemed reliable. T:ic grand fury Lay swear witnesses - generally and originate charges against those believed to have violated criminal laws. Secrecy: the secrecy of the proceedings before a grand jury is always zealously Fuarded in order to promote freedom in the disclosure of crimes. FLEAS CORPUS - A writ addressed to one who has a person in custody, commanding him to produce the person, i.e., have the body,' at a certain tire before the court named therein. The writ may be issued in all cases in which a person, in custody, claims to be illegally detained or wrongfully refused Fail, assured to all persons by the U.S. Constitution_ and by rost state constitutions. The purpose.of the writ is to test the legality of the detention. I PANEL - To summon jurors to appear in court on a certain day to for a jury. Ti'' CAMITF - In private chambers.; in secrecy. Thus, when -a judge holds a hearing in camera, it_is being held off the record and at ti:^es outsife the presence of the defendant. I '�ICi Ei'T - An accusation_ in writing, presented by a grand jury to a competent court, charging a person with a crire. Purpose: to arise the defendant of the nature and character of the offense charged and of the facts which ray be proved' so as to enable him to prepare his defense and to identify the charge against hip'. I_"JUNCTION - A judicial order requiring the party enjoined to take or refrain from taking some specified action. A person found to be in violation of an injunction may be summarily jailed for contempt. 26 IPQLEST - A judicial inquiry, aided by a jury, into a special T-atter, such as a suspicious death. JUFY OR PETIT JUFY - Composed of 12 members in District Courts and iex ers in County Courts. To qualify a juror must ie over 21, qualified to vote (though it is not necessary to 1:e a registered voter) and not a convicted felon or under indictment for a felony. The jury can inquire only into natters of fact. On matters of law the jury must follow the court's instructions; e.g. 'if you find fact A and fact B, you must find the defendant guilty. JURY TRIAL - The sixth amendment to the Constitution provides that in all criminal prosecutions, the accused shall enjoy the right to a.speedy and public trial by an impartial jury . MAGISTRATE - An officer having the power to issue a T ?arrant for the arrest of a person charged with a crime. All judges are magistrates but not all magistrates are judges.. ITISDEHEAYOR - Any offense which is not a felony. Sentences are served in county jails and not in the state penitentiary. YISTPIAL - A trial of an action that is declared void because of errors; also a trial in which the jury cannot agree on the verdict. NOLO COY:TEI?DETE - •"1 do not wish to contest.' A Flea by the defendant in a criminal action which, while not an admission of guilt, means that the defendant will not contend against the charge, but will submit to the punishment which the court 'rill impose. NOT G=UILTY - A plea of denial in a criminal prosecution. A formal plea of 'Cot Guilty is not necessary to put a defendant on trial. A Flea of rot Guilty is a denial of every material allegation in the indictment: if a defendant 'stands mute' and will not plead at his arraiFr_mert, the court enters a lot Guilty plea for him. 1OT GUILTY BY REASON CF INSANITY - If a defendant enters only this plea, he tacitly admits coittir.` the act but denies that he should be held responsible for it. The trial is only an issue of his sanity. i"any defendants - combine this plea with a plea of Not Guilty. A 'bifurcated' trial is then held; the jury first tries the issue of whether he committed the act, only if he is found guilty, does the jury proceed to the question of sanity. P?ROLE - The conditional release, under supervision, of a convicted person who has served part of his sentence in prison. It differs from probation in that in parole, the prisoner has served some part of his sentence, whereas in probation, the defendant has not served any part of his sentence, which is suspended during the period of his probation. Purpose of parole is to aid offenders to readjust their lives to conform to the standards of the community. If the parolee violates the conditions of his parole, it is revoked and he is returned to prison to complete his sentence there. PLAINTIFF - A person who institutes an action: the party who complains and sues in a civil action: the complaining party in an action. PLEA. - In criminal law, a formal staterent of the defendant's position: guilty, not guilty, not guilty by reason of insanity, no contest. 29 PLEA EARGAIiTE" G - Procedure by vrl a defende t charged reith an offense (e.., armed rolbery) agrees to plead guilty to a lesser offense (e.g., unarmed robbery) . In return, the prosecutor drops the rore serious charge and is spared the burden of going to trial on that charge. PF.L"A FACIE- Latin for 'At first sight' or on the face of it. A. r.•r_Lra facie case. is a case that will suffice until contradicted and overcole by other evidence. I'OFATION - A method of alloying e. convicted person to ro at large under suspen- sion of sentence, tut usually under the supervision of a prot officer. Pro- bation gives the convicted person one last chance in the cor: rnunity; tl'us, . if he has previous convictions, no fanily ties, or no job, the judge ray consider him a poor risk for probation. FROSFcuTDO ATTOP?'EY - The attorney empowered to act on tehalf of the government v:hether state, county or national. Texas' local prosecutor is the county's District Attorney, although in sore situations a private attorney ray be hired to act instead. • °.FCIDIVIS T FATE - A correctional system's 'failure rate' the percentage of dis- charged criminals who commit more crimes. FECIDIVIST - A repeater of cricinal activities; a second or sulsequent offender;. a habitual criminal. The 'repeater law' provides heavier penalties for a de- fendant who is convicted of .another crime within a certain tire after beinc convicted of one felony or two misdereanors . t AI'TD - To forrally send tack, as to remand a prisoner to jail or remand a case from a higher to a lower court. To recommit to custocry as an accuse' person after a preliminary examination, or after a habeas corpus proceeding. SEAP.CII, ILLEGAL - Tte Fourth tnenc.ment protects citizens from 'unreasonable' searches and seizures. Over the years, courts have devised a penalty against the police for violating the Fourth Ar...endmant: evidence seized by an illegal search will be excluded from trial (see Fxclucionary I:ule) . EEARCP t•'APBAFT - r:. order, signed by e magistrate, directed to a - peace officer, con rnanding him to search for personal property and t ring it before the raoistrate. Purpose of issuance: to search for and seize stolen or er'iezzled property;- or property used in the cornsission of a crimp. The warrant protects citizens from arbitrary searches, because the state cannot obtain a warrant without showing probable cause to believe that evidence of cririnal activity will be obtained through t'r_e search. SENTfl E - L final judgment; penalty pronounced upon a person convicted. Sus- pended sentence: when there has been no pronouncement of judsrent upon_ the verdict of guilty or upon the plea of guilty; usually accorranied •by probation.. Sus- pension of execution_ of judgment: where judgment is pron_ouncec' but its execution is stayec'. or suspended. l Indeterminate sentence: vhen the tern of the offender's imprisonr: er_t is set at the will of an administrative agency, such as the parole board (not,used in Texas) Cumulative sentences: when the terms of several sentences are aecrec' to one another and are served in order. Consecutive sentences: when several sentences are to run consecutively. Concurrent sentences: when two or Irone sentences run concurrently as opposed to consecutive sentences; e.g., a person receiving consecutive two -year sentences 30 for each of 15 burglaries has the same sentence as a person with concurrent sentences of 30 years on each of three•tanes. SPEFI;Y TRIAL - A trial free from unreasonable delay. Since a defendant is entitlee to a speedy trial, he ray move to eistriss the ir_dictrent for unreasonable delay in trying his case. The ri^'l:t of a speedy trial is necessarily relative. SURETY - ? person rho enga,'es to be responsible for the debt, default, or rmis- carriage of another. In bail proceedings, a surety on a bail band given in'a Criminal action may recover from the r'.efendan t the amount the surety was obliged to pay because of the defendant's failure to appear. •T:?e surety on a bail bond is responsible for the appearance of the defendant. TORT - Any private or civil wrong, by act or omission, for which - a civil suit can be brought. TRIAL - The judicial examination and detnrmiration of the issues in an action or proceeding, civil or criminal. In criminal procedure, trial means all the pro- ceedings in open court after the pleadings are finished and the prosecution is otherwise ready, down to . and including the rendition of the verdict. TRIAL BY JUPY - A. trial in which the issues'of fact are to be determined ty the •verdict of a jury rather than by the court (judge). VLNUE - The place at which an action . is tried: the place or neighborhood where a crime is committed, or where a cause of action arises. Change of venue: to trans- fer the cause, for trial to another county or district, often tecauce of preju- dicial publicity in the original district. VERDICT - The unanimous decision of a jury, reported to the court, on the matters submitted to themes in the trial of a cause. In felony cases 12 jurors are required. VAIVER - The intentional or voluntary relinquishment of a known right; also, the instrument which evidences such relinquishment. Thus,- a defendant ray waive an • examination_ before a magistrate, or a jury trial, or the right to raise certain defenses. Also, a fugitive may waive extradition proceedings and surrender voluntarily to the deranding state. PAPPANT (OF APREST) - t_n order in writing in the nave of the recple, and signed by a magistrate, commanding the arrest of the defendant. A warrant of arrest is issued for the purpose of apprehending and bringing before the court a person charged with the commission of a crime. It crust be based upon conclusions of the magistrate after his examination of the facts, and not upon conclusions of the affiant. The warrant must be directed to and executed by a peace officer. I''ARANT (BEYC ?) - It soretir-,.es happens that a person who has . been indicted is not yet in custody. L-e ray not have been arrested, or if arrested, may have jumped bail. Ir.'such a case, the judge having jurisdiction will direct the court clerk to issue a warrant for the arrest of the person raced therein. This is caller' a bench warrant tecause it is ordered from the judge's bench. WITI;DF.AI ?AL OF PLEA - The court may, in its discretion, at any time before a judS- mer.t upon a plea of guilty, permit such a plea to be withdrarn and; a plea of not guilty to be substituted. A plea of guilty is conclusive, if lnow ±rt ly and volun- tarily made. ::any cases are disposed of by guilty pinas and many defendants re- consider - once they are in prison and attei t to withc'ra *•r their nleas. It is very difficult to prove that a plea was not voluntary or intellicent. FFIT - A mandatory order, under seal, issuer' 1y a court, and commanding the persor named therein to do or not to do sore act. 31 APPENDIX 11 A GENERAL VIEW OF THE CRIMINAL JUSTICE SYSTEM PDT ICE_ 1-- Zosa .0 1 DN Released Undetected Without Released Charges Charges Crimes Unsolved or Prosecution Without Dropped or Dropped or Not Arrested I Prosecution Dismissed Di - smis d Crimes Observed by.the llnvesti, 4Prelimi- Police -initial I =initial gation 1 Arrest j 2 Booking i Appearance I nary ( ..1 -------- - Hearing i,.. P1VIE —�. t Crimes \ \ Reported \ \ to the / \ / `� Release or / \ . ,' Station / Unreported % Adjustment : r i mes \\ i / \., I i \, \ i `` j 1\ 10 Police Juvenile Unit �I \:‚ V, j Iron- Police / Referrals 'Pay continue until trial. 4 Preliminary testing of evidence against defendant. Charge may be 2 Administrative record of arrest. reduced. No'separate preliminary First step at which temporary release hearing for misdemeanors in some on bail may be available. systems. Before magistrate, commissioner, or 5 Charee filed by prosecutor on basis justice of peace. Formal notice of of information submitted by police charge, advice of rights. Bail set. or citizens. Alternative to grand Summary trials for petty offenses jury indictment; often used in felo- usually conducted here without further - nies, almost always in misdemeanors. processing. 32 Charge 5 1_nformation Dismi tiled Acquitted / — % \- Arraignment - 1 Trial .Sentencing „\__ - - . -_ --• / Guilty' \ N ! l Pleas / / "Grand Jury \ / Appeal � �/ Appeal // of 't Felonies Charge i / Charge Acquitted Dismissed �, J i i 1 - Misdemeanors I 1 ' Sen- \1 ` �lnformation 7 Arraienment , Trial , ' tenting ---- -- ..._-- ---_ _ .. . - . --- -- - - - -- --- - - \Gui1ty P l e a s - / Petty Offenses `- " Reviews whether Government evidence 3 Challenge on consitutional grounds sufficient to justify trial. Some to legality of detention. May be States have no grand jury system; sought at any point in process. Others seldom use it. 10 Police often hold informal hearings, 7 Appearcnce Tor pica; defendant elects dismiss or adjust many cases without trial by judge or jury (if available); further processing. counsel for indigent usually appointed here in felonies. Often not at all in other cases. 'Charge may be reduced at any time prior to trial in return for plea of guilty or for other reasons. 33 aPFENPT X 111 Police I School Parent Othet Referral Referral RPfPrral Referral Probation Officer PPti ti nn not f i 1 en_ Petition Filed / 1 1 - Application Informal I lletention I Denied ?upervisio Hearing v w . Petitions Petition D smissed Release Detained Notified Dr filed :,o Parents 1 1 1 Juvenile , Cravrt Declared prt. ommi Dismissed ,W�.rd - Prpb. To TYC I Texas ou Counsel Nofurt r ert. rif i t Acbler� d Adult Crt. Supervisi n Foster Ho a Supervisio in Home Placement in Pr.Ins.. The Juvenile Court Process In Texas 34 d ca --. o U a. -H `. — o � H try H O E-+ O • - -N N ( Ws] (0 o 0 H E-1 +' • O �.� __ c ), H H «) t cd ___ p p � b,. .r - -. V7.1 W J 0 cd [ HA R A co ti x o z v1 Ei z H H A H z, A U 0 A H 0 f cr) . z A cd w _ o 0 j E ms - N Ea 2 O H Z 5 H Z c: + H H �yy�i+�� P: H 0 5 0_ 0 0 z ?a Z PI q H Z OE f ce 0 E-+ a U W O —� -� - EEE H AA U U a a. O O E yO i + y 0 0 , cd cd 0 nl O 0 Ei 0 / Cr) t H H Pa E-4 F- cd 0 H o H i i +) +' W 0 0 0 _ _ U $4 fi W 5 la. 0. $4 • N x O ) 5 -ea- F, H 0 Z H U$4 G) 0 0 4-1 E .4 Q +' .7 0 H N �' Q F-, H 0 � $ W H " —'-s+p 7 H AU r 0 i WW ce, co k*] 0 x 0 D 0 H Ori N a H 0 0 4-. E■ A cd w 35 APPENDIX V BAIL In Brazos County there are 2 bondsmen. These 2 bondsmen sign approximately 90% of the bonds set in the courts. In Brazos County a bondsman need' only prove to the sheriff that he has a certain monetary worth (excluding his homestead). No other qualifications are necessary. In counties of 150,000 or more bondsmen must be licensed by the State. trail practices without some controls can easily be abused or violated. There is some opinion that it is abused here in that a pri- soner is often allowed to see a bondsman before he sees his attorney. If a person jumps bail, the bondsman is responsible for his return. If the person is not returned, the bondsman forfeits the amount of bond. The amount of bail is set by the judge. The bondsman's charge to the detainee is 10% of the total bond. Release alternatives are: 1. Personal recognizance- -which involves a personal signature and promise by the person that he will return to court. It also involves recogni- tion of the court that that person will return. 2. Cash bond- -which is money paid by the person detained directly to the court to insure his appearance in court. Upon his appearance in the court, this cash bond is refunded. 3. Pre -trial release (not presently used here). APPENDIX VI PRE -TRIAL RELEASE 1. This bond is a contract between you and the State of Texas. 2. It says that you agree to come to court on your court date, and we advise you to "Get an Attorney." 3. You have 10 days to obtain an attorney and have him call Pre -Trial Release. 4. If you fail to come to court or violate this personal bond: a. You will be put back in jail. b. Without a bond amount. c. You will be sued for the amount of this bond (must be paid before you can get out of jail). d. The violator of a felony bond can get 2 years in the state peni- tentiary; the violator of a misdemeanor bond can get 1 year in the county jail. 5. A violator of personal bond is: a. Not coming to court on your court setting date. b. If any of the information you have given us in this bond is untrue or should change without you notifying us. c. When you are on this bond and are arrested for another criminal offense. 36 APPENDIX VII Listed below are the needs of the law enforcement system of the Brazos Valley Development Council's area. This information is taken from "Law Enforcement and Criminal Justice Plan for the Brazos Valley Development Council -- 1975" published through funding from the Texas Criminal Justice Council. As an example, improvements in the staffing of the sheriffs' offices could result in improved record keeping, improved response times, increased clearance rates and better supervision and control over prisoners in the county correctional facility. I. Law Enforcement Needs A. Increase available manpower (determine individual manpower needs through technical assistance visits). B. Continue to provide quality law enforcement training to in- crease professionalism. C. Improve capabilities by providing essential identification and investigative equipment. D. Initiate an aggressive crime prevention program with priority given to reduction of the high incidence of burglary and felony theft. E. Expand police - community relation programs to promote coopera- tion with all elements of the citizenry. F. Improve organization and operations of law enforcement agencies (determine by technical assistance visits and /or management studies). G. Continue and extend consolidation of police agencies and /or functions, where feasible (determine by technical assistance visits). II. Courts A. Continue to provide prosecutor assistance in the 85th Judicial District. III. Corrections A. Upgrade the jail in the region to meet the minimums prescribed by Title 81, Article 5115 relating to Texas jail standards and by Section 51.12 of Title 3 of the Family Code (the individual needs will be determined through technical assistance visits). B. Expand adult and juvenile probation services in order to provide properly supervised probation throughout the region. C. Continue and extend, as feasible, community -based programs designed to cope with adjudicated youthful offenders. 37 D. Establish a juvenile home to provide an alternative to in- carceration in the county jails for juveniles being detained. IV. System Needs A. Provide technical assistance to encourage improved crime and criminal justice reporting. ADDENDA TO SYSTEM NEEDS I. Law Enforcement Needs Improve the quality of records maintained throughout the region. Provide an improved system of document storage for the Bryan PD (type to be determined by technical assistance visit). The purpose of this study: Growing community (Appendix VIII) needs change rapidly. Must be prepared... APPENDIX VIII COMMUNITY GROWTH ESTIMATES (from BVDC study on criminal justice) BRYAN COLLEGE STATION 1970 33,719 17,676 1978 43,000 31,000 1990 60,000 39,000 These estimates were made by the Bryan and College Station Planning Depart- ments. 38 LIST OF INTERVIEWS SEPTEMBER 1973 - APRIL 1974 Members of the Brazos County League of Women Voters held interviews with the following public officials in the county during the fall of 1973 and the spring of 1974: W. C. Davis, Judge of the 85th District Court W. R. Vance, Judge of the Brazos County Court W. T. McDonald, Jr., District Attorney Roland Searcy, Brazos County Attorney B. H. Dewey, Jr., Justice of the Peace Michael B. Calliham, Justice of the Peace John Godfrey, Chief Probation Officer of Brazos County Brooks Cofer, attorney J. R. Delley, Visiting Teacher of the Bryan School District Joe B. Ellison, Chief of Bryan Police Department Charles Phelps, Captain of the Bryan Police Department Marvin Byrd, Chief of College Station Police Department 0. L. Luther, Chief of the TAMU Police Department J. W. Hamilton, Sheriff of Brazos County Ira Scott, Chief and Director of the Police Training Academy at TAMU Resource material: "Law Enforcement and Criminal Justice Plan for the Brazos Valley Develop- ment Council 1975," funded by a Criminal Justice Grant, published in May 1974. 14th Annual Probation Report for Brazos County "Know Your Government," Brazos County LWV publication, 1970 District Clerk's report, 1973 District Attorney's case dismissal report, 1973 Charts and diagrams provided by the Justice of the Peace Dewey, the College Station Police Department, and Mr. Cofer. "Administration of Justice," Dallas LWV publication, 1973. 39