Paqe 6 THE BATTALION
^ FRIDAY, DECEMBER 4, 1981
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Local / State
Local taxpayers would foot bill
More courts costly decisioi
Editor’s note: This is the last in
three-part series on the burden of
the increasing caseload in the
Brazos County District courts.
By MARCY L. BOYCE
Battalion Staff
Brazos County jurors have re
turned their verdict: the pendu
lum has swung, steeper penalties
will come, crooks will receive due
punishment.
“Juries are getting stiller and
stiffer,” Travis Bryan III, Brazos
County district attorney, says.
“People are getting tired. We’ve
had 20 years of liberalism in our
courts and people are just sick and
tired of seeing criminals go free on
what is known as technicalities.”
In short, jurors at Brazos Coun
ty Courthouse are ready to sock it
to the guilty IF they’re given the
help they need. But, just as laws
don’t always make law abiders,
wishes don’t always come true —
especially when funds and man
power are limited.
Getting stiffer sentences for cri
minals requires overwhelming
evidence in most cases. And
Bryan says this means hours of
additional investigation and case
preparation time and, with no
additional available manpower.
With their rapidly expanding
dockets, the county’s two district
courts already are operating at
capacity, state District Judge
W.T. McDonald says. So far this
year, the District Attorney’s
Office has opened more than 800
cases, compared to 667 in 1980,
and Bryan predicts that number
will reach 900 by the end of the
year.
Brazos County’s situation is not
unique. But following Bryan’s
month-old decision to prohibit
"Juries are getting stif
fer and stiffer. People
are getting tired. We’ve
had 20 years of liberal
ism in our courts and
people are just sick and
tired of seeing criminals
go free on what is known
as technicalities. ’’ —
Travis Bryan III, Brazos
Countv district attorney.
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plea bargaining on an experimen
tal basis, the district courts have
only one real hope for alleviating
their growing pains — creation of
another district court.
Under the present prosecution
system, defendants who wish to
plead guilty are made one offer
which is determined by a grid sys
tem that takes into account the
seriousness of the crimes and the
defendants’ background.
They can either accept or refuse
this offer, but no bargaining is per
mitted.
In the long run, Bryan says, this
means more cases probably will
have to be tried as defendants are
displeased with the offers made to
them, hence the pressure to cre
ate another district court also in
creases.
But needed or not, it would not
be easy to ventrue. District courts
can be created only by an act of the
Texas Legislature, but funding of
the courts falls on the Brazos
County Commissioners Court.
“In effect, what the Legislature
is doing is saying, ‘You’ve got
yourself another district court.
Now, you find the funds to sup
port it, ” Bill Cooley, commission
er from Precinct 1, says.
The two existing district courts
in the county, the 85th and the
272nd, are operating yearly
budgets of about $61,01K) each,
the bulk of which is appropriated
to compensate such personnel as
baliffs ($16,822 each), court repor
ters ($19,098 each) and secretaries
($9,829 each). Judges are paid by
the state.
However, County Judge Dick
Holmgreen estimates that by the .
1983 session of the Legislature,
the earliest possible year in which
a court could be created, operat
ing expenses alone for a third dis
trict court probably would cost
taxpayers an additional $110,000 a
year over the $61,(M)0 court cost.
That comes to a total operating
budget of about $170,000, even
though construction exists would
not be a factor. Jack Cumpton says
the $10 million courthouse com
plex, now under construction, will
contain space for three additional
courtrooms.
The county also would incur ex
penses for at least one additional
prosecutor and for a court coordi
nator.
Determining where that money
comes from and how it is distri
buted is the commissioners
headache.
But paying that bill is the tax
payers’ burden because there’s no
question that ultimately it would
be nessessary to raise taxes. Bill
Beard, commissioner from Pre
cinct 3, says.
“So you can imagine, we are not
overanxious that another district
court be created,’’ he says.
Revenue for district courts is
obtained from the basic property
tax. Estimations of how much that
ing their taxes for, it is
crime.
”1 believe that if you toUi
we re going to raise your
cents on every dollar
another court and to
more prosecutors and
patrolmen and two mi
fives in our police de[
people would say, That
But when it comes to
creating another district
Brazos County, it’s not
the taxpayers, the proseo
the commissioners deem
sary. It's the legislators,
ly Sen. Kent CapertonJ
trict, and Rep. Bill Pres
28th District, who must
final yea.
“We (the commissioner!
have some influence,iiitl
attire, hut if they wanti
isn't anything we could
it, W.A. Stasney, conn
from the 4th Precenct
“This last one (the 27h
really didn’t ask for it,|
couldn’t turn it down. Iti
shoved on down.”
Stasney said he doesi
Brazos County needs and
trict court nowandthathel
doesn’t need on within
couple of years because
pensive.
Nevertheless, Beard
the Commissioners Com
mantly opposed, itisprol
likely that it will get thn
Legislature.
kjark Smit
[ouston, i
Jy JOHN
Battali
I'.i Texas A
Sen i
And Cooley said he I
Presnal and Caperton *
receptive to alternate sug
“I think they value«
ion, he said, “but there
not an alternative."
“We’ve got two distridi
running at capacity n«
having judges
Inc. fo
shuttle 1
be
mine oj
Jijuly, the
Regents tier
epiversitx -d
ovc the
"Next to in Hat ion, the
criminal justice system is
probably what most con
cerns the average citizen
right now. I think that if
there is one area that the
taxpayers would not
complain about spending
their taxes for, it is (to
fight) crime. " — Bryan.
payers add $1,000 a year!
judges salaries, whiehaiej
the state’
■ed by Ti
Inc. Tl
$1.4 mill
I to $1.6 i
M its No\
appro
|,225 to co
cted, said
Ity manag
Ices for bi
Ihe bus me
lliased 33
144-48 adi
1G Gal.Starting,©
$ 27 —
INCLUDES
b, Punp, Cupg
10 0 LBs ICE
l\EG ,~Tu
Classic Rock Pi Roll from
tax rate might be raised if a court is
created are unavailable.
However, after the Legislature
established the 272nd District
Court in 1979, the tax rate was
increased 17 cents per $100 eva
luation, from 98 cents to $1.15,
Ruth McCloud, administrative
assistant for the Commissioners
Court, says.
However, she is quick to add
that the tax increase cannot be
attributed solely to the creation of
the court. Other budgetary con
cerns also were accounted for in
the tax hike, she said.
Bryan, however says the exact
tax rate increase is irrelevant.
“Next to inflation, the criminal
justice system is probably what
most concerns the average citizen
right now,’’ he says. “I think that if
there is one area that the taxpayers
would not complain about spend-
eome in almoiliL i
other week (to lessen ikf
load), so well probably!
for another (court) soon,”
Presnal said he hasnota
the cl (strict courts’ prese
loads nor has he seenthei
tions, but he said thatwk
new court is created iipi
merits of Brazos Countys
Tt boils down to how)
up as opposed to otherarf« snia jj s
merits of our case," hesiL w m |
The Legislature createilfc lIS servic
her of courts across the sW M ‘ buses
last session and “with tlK , p iin ' ns Y -I
clous growth in Texas, I
probably be a clamoringli
a number of courts again,)
Presnal said decisions art
mined by the meritoftlien
whether it is really ndeess
bv the clout of those favoi
bill.
For that reason alone,!
Brazos County needs toIxH United p r
can justify its request. “Yotiuh! M AR
to he- able to make agood(*ftty judge
said. fncys of
(»ty police
. , r .publieh
ers courts support dr(
would be helpful, he sail]
In this regard, the Com®
Court’s /nnn
handicap not to «■. Cg^Joh,
You never have all theb * ^ ^
your favor, but you certai: L ,
to have all that von ca ' ^^
you’re striving to
something. And if local# l officers
there fighting it, it would® 11 • ,
H w ■ himestor
that more difficult. | ny E]li()t)
■ officer D;
THE MAX!
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Sunday December 6, 5 p.m.
with
Homemade Latkes
and a
Gift Exchange (optional)
(bring a gift under $3)
at the
Jewish Student Center
x 800 Jersey /
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