Dear Editor,
There are numerous questions that come to mind after reading the article Motion To Suppress Search Warrant in your July 29th issue of The “Times.” Too many to get into here at this writing. So, I will try and be brief.
Technically speaking, I do not see that Judge Evans broke the law or did anything wrong just by signing a Search Warrant which was part of an investigation being made by Trooper McKay. At that particular time, there was no “case,” per se. There was only an investigation that was on-going. In fact, there would not be a Case for a DWI charge until it could be proven, in court, that the person being investigated did, in fact, have too much alcohol in his blood. Therefore, Judge Evans was not participating in a criminal “case” – only an investigation that may or may not eventually be a bona fide “Case.”
It is unfortunate that the public has allowed this sort of situation to exist in our governmental structure. By its very nature anyone can see that the relationship between Mrs. Evans and her son, at the professional level, is obviously problematic and on-going so long as they remain in office at the same time. Technically, they have done nothing wrong but in the eyes of the public it is not always “impropriety” along that they look for. They also recognize “the appearance of impropriety” which is a strong factor of concern in governmental law.
Although I do not know the law, my personal opinion is that a “Visiting Judge” should be someone brought in from another county and as much as possible, impartial and unknowing concerning the case he or she is asked to preside over. When you use someone local and who has had previous close ties to numerous ones in and about the court where a case is to be tried, people are going to question that judgement and this could be equally as dangerous, in pursuit of justice, as the situation concerning Judge Evans and her son.
In closing I am reminded of an old “saying” that goes like this: “Birds of A Feather Flock Together.” In my lifetime I have found this to be true but I have also come to the conclusion that sometimes, the Flock can impede justice.
Terry Lancaster
Teague, Texas