Lazy? Oversight? Moronic? Red Tape? (a few words that crossed my mind while driving to the Williamson County Jail)

So tonight, I found myself having to work through more of the bureaucratic red-tape that is caused by either the lack of communication, poor training, disorganization, laziness or simply the complete ineptitude by some but not all of the people working in the Williamson County Sheriff's Office. 

The background:

At approximately 3:45 to 4:30 p.m. on Friday, February 13, 2009, I spoke with a client and signed a waiver of magistration to speed up the time of her release from custody in the Williamson County Jail.  She was arrested earlier this date on a warrant with a bond already set by a different judge.  I completed the form that the jail staff provided me and submitted it to one of the jail staff supervisors.  The Waiver was accepted.  The time was now approximately 4:30-4:45 p.m.  I left the jail and spoke with the client's relative who had hired me on her behalf.  In addition, the surety bond itself was posted almost simultaneously to this by a local bonding company.  The client should be released anytime now that these documents were in place.

The result:

At 10:25 p.m. (approximately 6 hours later) I receive a call from the bonding company saying there is a problem with the client's release because "they" (Williamson County Jail) did not have a copy of my bar card with the Waiver.  I called the jail and spoke with the Sgt. working at that time and was told that they must have the bar card with it.  I explained that it had been filed by a Lt. on a previous release, but this Sgt. said that was not sufficient, that it must be with this Waiver.  I asked the Sgt. if she could copy it from a prior file that I turned in on a different client on February 12.  I was told no because that does not verify my identity.  I then asked if it could be pulled from the State Bar of Texas website, where the State of Texas maintains my record as an attorney.  Again, I was told "no".  Then, I was told that if I wanted to wait and discuss the matter with the Lt. or another supervisor, I was free to do that but that the client would not be released without a copy of my bar card.  Of course, I got out of bed and made a special trip back to Georgetown to fulfill this "request".

My opinion:

Granted, we all have opinions and thus they are not necessarily worth anything.  However, I was completely appalled by this entire process for a number of reasons:

  1. This information (bar card information) is on file with the Sheriff's Department in a rolodex at the front desk (taken by the Lt. I referenced);
  2. This information is available on the Internet, which I provided the link to above and offered to the Sgt. (and given the countless hours that County employees spend surfing the internet when they should be working, this "required information" could have been pulled and put with the Waiver, if it is so important);
  3. Most importantly, the Waiver was accepted when I turned it in ... no one told me that they needed my bar card again (previously filed and even checked when I entered the jail on this date, so they knew I was an attorney);
  4. Probably of less importance, but I worked at the Williamson County Sheriff's Office from October, 2005 until June, 2008 (granted I doubt everyone knows that or cares, but I know that I am in the County computer system);
  5. This was probably just a passive aggressive act to hold the client in jail a few hours longer... afterall, why on earth did it take until 10:25 p.m. for me to even get a call about this "error"?

My plea to anyone with an interest in changing Williamson County:

  1. Start paying attention to things that happen here;
  2. VOTE (for anyone who runs against the elected members of this monopolized, disfunctional machine);
  3. Take note of stories like this and remember them ... it is only a matter of time until something happens to every one of us (directly or indirectly);
  4. Question why it took so long to process this release when the documents were submitted before 5:00 p.m.;
  5. Respond to my blog ... let's really start a discussion here (I am still incensed by the lack of professionalism, communication, and integrity that pervades the very core of the Williamson County Criminal Justice System and so should every person who resides in that County... unless you are part of the problem rather than the solution).

I purposely omitted names of the parties and other entities involved, as there is no reason for me to name them individually, however, the ranks of the people I spoke with were accurate and gender was purposely excluded.  As a criminal defense attorney who regularly defends people accused of crimes in Williamson County, Texas, I see a direct need for getting that system to change, as it is overrun with problems just like this on so many levels and with a very few exceptions, most people are not willing to speak against it to urge that Change come to this place.

Jailing the Innocent is Okay, if... (outrageous comment by a blog reader)

While writing my entry about police lineups v police show-ups and whether the process should be banned or modified, I came across the following comment by DCFriscoTX to the article, State Senator to Propose Ban on Police "showups' in Texas:

 

It is terrible that innocent people have to go to prison, executions, etc.
At the same time, America needs to come to grips with a decision - do we allow a few innocent people to be jailed to insure that more violent sociopaths are taken off the streets?

Do we let 100 criminals walk in order to insure that one innocent person is set free?

3rd world countries have no moral dilemas over this. What US needs to remember is that this country is quickly turning into a 3rd world country and will continue the slide unless we make a stand... a tough decision... a heavy price.

Personal freedoms vs. betterment of society. the two do not always go together.

Rather than beat your head against the wall over it, why not teach our kids and citizens to avoid being in the wrong place at the wrong time, to avoid guilt by association?

This country is becoming extremely dependent on the government for everything, including babysitting its citizens. How about being responsible for your own actions?

Law enforcement is increasingly used for breaking up activities, not enforcing laws and prosecuting offenders. Judicial sytem is a revolving door, heavily influenced by politics, media and lobbies... Tabloid justice.

And please, let's leave race and ethnicity out of this....

I will not chastise everything that DCFriscoTX had to say, but the fact that anyone would have this viewpoint, if they are at all educated just amazes me.  So, let's start with what I agree with that DCFriscoTX had to say:

  1. Avoid being in the wrong place at the wrong time, and teach this to future generations
  2. It is terrible that innocent people have to go to prison, executions, etc.
  3. let's leave race and ethnicity out of this....

Aside from those three points, I completely disagree with DCFriscoTX overall.  Unless he or she is willing to "volunteer" to be jailed as one of the "few innocent people" then these comments are completely out of line.  Afterall, who is this person to say what someone else should do or should be subjected to.  Please remember,

We are all accountable for our OWN actions, thoughts and beliefs:  we cannot control nor should we try to control those of other people.

 

Jailed after a Bond is Posted.... for 11 hours!?!

So one of my clients called me a few days ago, and he was very angry!  He wanted to know what he could do about his weekend in jail.  After consulting with him about the case and explaining to him what his rights and options were on the original charge, I was amazed to learn that he remained in custody, locked-up with everyone else for approximately 11 hours AFTER HIS BOND WAS POSTED AND ACCEPTED!  

I would have had a more difficult time believing this had I not been the one who ensured the bond was posted.  I even made the initial payment, because this client is a close personal friend of mine.

So, I started digging through Texas law, both statutory and case law, to determine if there was anything that would provide guidance on how long the Sheriff could keep someone in jail AFTER a bond was posted.  I was surprised to learn that there is not.  In fact, I have still not found anything but am continuing to research this issue.  So, if you know the answer to this question or have similar stories, I would love to hear from you.

If there is not a limit, this is really something that the legislature should consider.  Whether it rises to the level of "cruel and unusual punishment" as contemplated by the US Constitution, I have not decided that as of now, but I am betting that the media would be interested to know more about this circumstance.

Oh ya, one other point about this matter... the person kept in jail was there for a first offense Driving While Intoxicated (DWI) charge... his bond, $1000.00.  So, as you can imagine, this is not a major case that should warrant an additional 11 hours in jail after your bond is posted.