Shelby County Today

April 4, 2017 - Judge Leann K. Rafferty, 123rd Judicial District Court Judge, addressed the Shelby County Commissioners about her concerns over courthouse security at their meeting held on Monday, March 27, 2017.

Previous to Judge Rafferty speaking, Judge Allison Harbison gave some background information as to why Judge Rafferty was seeking the audience of the commissioners.

"We had an incident Wednesday morning. Judge Rafferty had court and we had a gentleman come in supposed to be going to court and he was kind of pitching a fit downstairs. I heard it in my office, so I came out and witnessed the whole thing," said Judge Harbison. "He was incoherent, speaking gibberish and obviously, y'know, on drugs and he got a little riled with our security guard downstairs."

Judge Harbison explained the man did not have weapons and he had something in his pockets he did not want to clean out. This is when the man grabbed items he had removed from his pockets already, shoved the basket out of the security guard's hands and "made a run for it," away from the courthouse.

He was later arrested at the DPS office on another unrelated incident. Roscoe McSwain, Commissioner Precinct 1, remarked how security on the first floor was successful.

Judge Harbison stated she's not as concerned about security on the days there is court at the courthouse, "it's those days when we don't have additional security that scares me. It's the day that there's no one at the front door and anybody can bebop in here with a weapon. Take the elevator, go to the second or third floor and do whatever they want to do. That's the days that scare me."

Walter Shofner is in charge of the security at the courthouse and Judge Harbison said in visiting with him, he will be staying at the courthouse until 4:30 (closing time) everyday and on days when he is not present, she has asked for other officers to be scheduled in to fill in during his absence.

Judge Rafferty spoke with the commissioners about a bill involving Judge Julie Kocurek, who was attacked in November 2015 in her own driveway when she and her family were fired upon by a gunman.

"As most of you probably know, Judge Julie Kocurek was in Austin a District court judge, she was actually gunned down in her driveway one evening with her son," said Judge Raffety.

Judge Rafferty explained most instances of such attacks are not in courtrooms or at courthouses.

"The people that are injured in the courthouse, are usually litigants, or lawyers, or court personnel. We've just really seen a trend all across the US of more and more incidents occurring in the courthouse, and when I say in the courthouse I even mean you know, in the parking lots, in the hallways and not just necessarily in the courtroom," said Judge Rafferty.

As a result of the incident involving Judge Kocurek, Judge Rafferty referred to bill SB 42 (Click here to view introduced version of SB 42), relating to the security of courts and judges in the state, and that she has spoken with Chief Justice Nathan Hecht and she said he is confident Governor Greg Abbott and lawmakers are behind the bill.

She said Shelby County is fortunate to have metal detectors as Panola County is not as fortunate as on felony arraignment days people can walk into her courtroom unchecked, aside from her bailiff.

"I'm very grateful we have someone downstairs and with our metal detector, and I'm very grateful to have a bailiff, which the sheriff he has to provide me one by statute, that's never been an issue here at all and I'm very appreciative of that," said Judge Rafferty.

She said the courthouse has good security. In regards to the new bill, Judge Rafferty stated to Justice Hecht Shelby County doesn't have the funds for security needs.

"There will be additional funding, that he has assured us there will be some sort of funding," said Judge Rafferty.

Judge Rafferty said she has not yet been able to look at policies that may be in place; however, with the recent incident at the courthouse she would like to look at ways to improve the courthouse security. She says she feels somewhat vulnerable in the parking lot of the courthouse, and she feels the same concern for witnesses to someone going to the courthouse to pay their taxes.

 Rafferty stated she has assumed a risk in her position many in the public have not and she wants to ensure their safety.

"I do think that we need to have just a written policy and procedure with respect to if an incident occurs, you know. I mean Terry, Ms. Hudson my court reporter, she ran and locked the doors, and you get in here and you know I thought 'gosh we should have practiced this,'" said Judge Rafferty.

A plan of action for a breach of security from outside the courthouse is something Judge Rafferty would like to see happen if there is none in place. Judge Rafferty was concerned since Bailiff Walter Shofner and Deputy Jim Ed Matthews were reactive to the potential situation at the front door of the courthouse while her courtroom was still left with a group of people including lawyers and inmates.

Judge Rafferty explained she tries to have a separation between her civil and criminal cases and she likes to see her criminal cases handled and inmates removed from the courtroom as soon as possible, because she feels extended presence in the courtroom of those inmates creates a possible risk. She said she has had plenty of help from the jail, has had no problem with any inmates, but her concern is for those individuals coming and going from her courtroom.

A proactive plan within the courthouse is what Judge Rafferty explained she would like to see toward security at the courthouse and Judge Harbison agreed with her.

Jimmy lout, Commissioner Precinct 2, confirmed with Judge Rafferty she has a way to contact courthouse security by phone to provide an escort to and from her vehicle. Roscoe McSwain, Commissioner Precinct 1, said he felt Judge Rafferty should have requested escort from security to her vehicle on that day, and Judge Rafferty said she didn't want to take the security away from the courthouse because she is worried about the courthouse as a whole.

Judge Harbison said she has contacted the Sheriff's Department and the Center Police Department and they have provided an officer after hours at the courthouse as an escort.

McSwain brought up a suggestion he has made in the past of county constables helping with courthouse security and he proposed a challenge to the the constables as he feels the expense to pay them should include some courthouse security.

"I don't understand as a taxpayer, not just as a commissioner, we spend $350,000 - $400,000 a year on five constables. The days we do not have no court in this courthouse, why can't one of them be up here and man that post down there just for observation, people come in and out and see a law man is present. And I know of two that have said they would definitely do that," said Commissioner McSwain. "I know Zack Warr has always told me he would be glad to come sit if he was asked to, and the days that Walter [Shofner] has off and no court, that would be perfect days to go ahead and line them up and then if they don't want to do that, then we'll know more about what we need to do when it comes budget time. They should be willing to help the county."

Judge Harbison said she agreed and Shofner said he will call them. Judge Rafferty stated she feels confident SB 42 will pass and their will be resources from the state to help.

Sheriff Willis Blackwell suggested TAC would have a policy and procedure for courthouse security the county could look at and he said he could get Chief DJ Dickerson to check into that.

Commissioner McSwain assumed the panic buttons at the courthouse were available, and Shofner stated those haven't worked since the radios were upgraded from analog to digital. Judge Harbison said that was why she presented a bid last year on the security system.

Josh McAdams addressed the commissioners on behalf of the Shelby County Children's Advocacy Center, "I'd like to thank the commissioners and Judge Harbison for their support over the past few years. The funds that you've awarded us through the Child Safety Fee have helped us tremendously in our efforts to protect the children and our county from damaging affects of child abuse and neglect."

McAdams continued explaining in the past year the SCCAC has moved into a larger building, add three counselor interns in addition to their one full-rime counselor.

"As a result we have been able to provide counseling for many more children in need of this service. We are able to provide this and all of our other services at no charge to the family, because of the strong financial support we have received from our community," said McAdams.

He thanked the commissioners for the continued support the county has shown for SCCAC via the collection and disbursement of the Child Safety Fee.

A motion carried approving the disbursement of the fund with 65% to SCCAC and 35% to Court Appointed Special Advocates.

Judge Harbison reported Shelby County is due almost $1 million in FEMA money from the Texas Department of Emergency Management (TDEM) through public assistance grant 4233 DR from 2015 ($768,920.32) and 4266 DR from 2016 ($209,740.33). Shelby County has already expended the funds for repairs in expectation of the replenishment of these funds from these grants; however, the total amount of $978,660.65 has not yet been received.

Judge Harbison said the commissioners asked that a letter be written requesting these funds. Once completed, Judge Harbison and the commissioners signed the letter and it was presented in court for approval.

"Those roads have already been fixed, and they were fixed mostly out of our everyday operating fund, therefore, it has run some of the commissioners day to day operating funds down pretty low," said Judge Harbison.

Judge Harbison stated she was informed writing a letter is the first step in moving up the chain of command.

A motion carried to approve the letter to be sent to TDEM.

The meeting was adjourned at 10am.

Agenda items approved during the meeting include:
1. Pay monthly expenses.
2. Disbursement of Child Safety Fee funds, $11,273.11 with 65% going to SCCAC and 35% going to CASA.
3. Constable Precinct 4 Racial Profiling Report.
4. FEMA funds letter to the Texas Department of Emergency Management.
5. Contract between Shelby County and John Yarbrough for $15,200 to build an addition on the Commissioner Precinct 2 county barn.
6. Adjournment at 10am.