Open Letter to
87th District Court Judge Deborah Oakes Evans
Freestone County, Texas
The Term Judicial Activism is defined as a Judicial Ruling suspected of being based on personal or political considerations rather than on existing law.
On November 22, 2016 you scribed a letter to area criminal defense attorneys stating it is not a conflict or disqualification for your court to preside over felony criminal cases with your son, Brian Evans, as county prosecutor and you placed the burden squarely on the defendant to file a motion to recuse you as judge. Excuse me!
Texas rules of Civil Procedures unequivocally states under 18b(a)(3) that you as judge are disqualified. Recusal is not the issue. (To our citizenry; Google it.)
That same letter states you contacted the Judicial Ethics Commission and were advised that it is not a conflict to preside over criminal cases with your son, Brian Evans, as county prosecutor provided you disclose the relationship.
On December 1, 2016, Freestone County Times made a formal request to your chambers asking that you provide proof of said Judicial Ethics Commission’s opinion; you refused our request citing it was privileged information. Certainly not a judicial response that would enhance public trust.
Furthermore, in contacting a prominent Houston defense attorney and pursuant to his analysis of your letter and the law (and, once his good humor subsided), made the following assessment:
First, the District Judge is barred by law from presiding over criminal cases wherein her son is the County Prosecutor, including assistant prosecutors that are employed directly under his supervision.
Second, the District Judge is barred from impaneling members of the County Grand Jury wherein her son is the County Prosecutor.
Lastly, he stated that judicial nepotism is a morally repugnant act, misuse of elected office, violation of judicial code of conduct, and carries sanctions including removal from the bench.
With all due respect, recommendation is made that you revisit your rather troublesome position, which is contrary to every right-minded person, and voluntarily disqualify yourself as 87th District Judge from all criminal cases in Freestone County, Texas, as prescribed by existing law.
The defendant has an expectation and indeed an explicit right to a fair and impartial trial.
The defense attorney has a sworn obligation that a fair and impartial trial shall come to pass.
Scott W. Marsters, Sr.
Publisher/President
Cc: Area Defense Attorneys
Freestone County Prosecutor
77th District Judge Patrick H. Simmons
