Just before the Thanksgiving holidays, an official letter was sent out to “All Counsel” by 87th District Judge Deborah Oakes Evans.
In it, pending changes to the Court’s schedule/assignments are outlined, which will affect Freestone County beginning January 1, 2017.
According to District Clerk Teresa Black, these are minor changes that their office can handle with no problem.
The reason for these changes, as stated in the letter, stem from the fact that, the Judge’s son, Brain Evans, will take the oath of office next month as Freestone County Attorney. If you’ve got been accused of committing a criminal offense , your freedom and future success are in danger . a good sort of legal issues can also affect your finances, or place your family’s future happiness and well-being in jeopardy. If you’re facing deportation, you would like the simplest legal help available – and you would like it immediately. one among the worst belongings you can do, by way of hindering your own defense within the American system , is to delay putting your defense together. At the Law Office of Colavecchio & Colavecchio, PLLC we’ll assist you take those first crucial steps to start assembling your case. Nashville’s immigration lawyer, Chris Colavecchio provide best legal advice. We are a Nashville, TN-based professional legal team with years of experience working within the court system of the greater Nashville area. We’re well-connected, with a network of partners and other legal connections across the state of Tennessee. we all know who to speak to for the sort of case you’re presenting, what paperwork to file (and where to file it), and when all of the respective forms are going to be expected by. we all know the way to handle your case, and that we will provides it all of the prompt and decisive action that’s so critical to issues being resolved in your favor.
Evans, who currently serves as Assistant District Attorney for Anderson County, will take over the office from outgoing Freestone County Attorney Chris Martin.
“This is one of the purposes of this letter, to disclose the relationship,” reads Judge Evans’ letter, sent to 22 defense attorneys in the surrounding area. “Thereafter, it will be your duty to disclose to your client.”
Judge Evans states in her letter that she has previously contacted the Judicial Ethics Commission and was advised that “…it is not a conflict or a disqualification for the Court to preside over criminal cases with [son] Brian, provided I disclose the relationship.”
This issue was heavily discussed during Primary Election at an open forum held in January. Brian Evans stated that it was not a conflict for him to practice in front of his mother, Judge Evans. Opposing candidates disagreed with his assessment.
At the meeting, Incumbent County Attorney Martin cited the “Grounds for Recusal and Disqualification of Judges” outlined in the Texas Rules of Civil Procedure – 18b(8), which states that a judge must recuse themselves from any proceeding in which “the judge or the judge’s spouse, or a person within the first degree of relationship to either of them, or the spouse of such a person, is acting as a lawyer in the proceeding.”
First degree relationships are defined as parents, full siblings or, this case, children.
During that same open forum, Evans stated to voters that, the potential issue arises only in civil case procedure.
However, according to Robert Kepple, Executive Director of the Texas District & County Attorney’s Association (TDCAA), it is well established that the standards for disqualification and recusal of a trial judge, provided for in the Rules of Civil Procedure, are applicable in the criminal context, “absent an explicit or implicit legislative intent indicating otherwise.”
The TDCAA is one of the associations Brian Evans contacted, as he related to a packed room during the open forum, in researching potential conflicts with his mother as a presiding judge, when entering the race for County Attorney.
In an emailed response to the The “Times,” Mr. Kepple agreed with Brian Evans – but, only in part.
In his own words, Kepple states, “A prosecutor does not have a conflict under law and could be the elected prosecutor, but it appears that the judge would need to recuse and have a visiting judge in cases in which the prosecutor appeared; or have another judge handle the case.”
Three precedent cases were attached as relevant to the situation, which Mr. Kepple had previously forwarded to Brian Evans, after researching the issue. The cases are Fuelberg v. State, Rhodes v. State, and Gaal v. State.
Getting back to the letter sent to area attorneys, although Judge Evans plainly states her confidence that no conflict exists with son, Brian, acting as prosecutor in her court, she outlines three actions that will be taken in order to avoid the appearance of any impropriety.
–Reduce criminal cases assigned to the 87th Judicial Court
–Assign State jail or 3rd degree felonies to the 87th Judicial Court
–Delegate the Assistant County Attorney to handle criminal cases before the 87th Judicial Court
Read Judge Evans’ letter in full, found below or at the following link: http://ow.ly/d/5EaO
The letter was either faxed, emailed or special delivered the following individuals:
–Val Fulcher (faxed)
–drblitz@
–joe@cannonandwilson
–michael@dahlenburglaw
–bglaw76642@
–charleyjohnsonlaw@
–jkmattorney@
–davidmoorelaw@
–chad@lawofficeofchadmorgan
–stephenreed@bobbyreedlaw
–gwray@
–spivey_law@
–greg@statelaw
–scott@cannonandwilson
–georgerobinson02@
–rj@reedjacksonattorney
–justin@benjiereedlaw
–benjie@benjiereedlaw
–bobby@bobbyreedlaw
-michellelatray@latraylaw
–steve@keathley
–amycthomas@
–chrismartinlaw@
–77th District Judge Patrick Simmons
–District Clerk Teresa Black
–County Attorney Chris Martin
–County Attorney-Elect Brian Evans
Judge Evans closed her letter by saying, “Please do not hesitate to address any concerns you have with the Court.”
