David L. Smith
County Manager
Dice of the County Manager
101 W. Nueva, Suite 1024
San Antoni, 7X 78205
Phone (210) 335-0179
Fax (210) 335-2683
wav berarorg
May 16, 2019
Ana C. Amici
General Administrative Counsel
Criminal District Courts
101 W. Nueva, Suite 301
San Antonio, Texas 78205
RE: Critical Funding Request Amended Memorandum
Dear Ms. Amici
Thank you for your letter requesting funding for County magistrates to provide weekend
coverage to handle post-indictment cases, including motions to revoke probation and pre
existing warrants (attached), It is my understanding that District and County court judges have
‘chosen to retain jurisdiction regarding the magistration of these types of cases. This is a change
from long-established past practice. City Magistrates provided all county magistration prior to
2007 (including post-indictment cases) and were providing magistration for these types of eases
from mid-November 2018 to May 13, 2019. This is the exact practice employed in Travis
County as well.
Asa reminder, the County contracts with the City of San Antonio for City magistrates to provide
all magistration services. The City is also contractually obligated to provide coverage 24 hours,
per day, seven days a week. Accordingly, I do not recommend funding duplicative magistrate
positions.
1 respectfully suggest that the County and District court judges continue to use the city
‘magistrates, a practice that has precedent, both in Bexar County prior to 2007 and elsewhere i
Texas. If, however, the judges choose to handle post-indictment cases, to inelude coverage over
the weekends, | Fecommend that the 44 District and County court judges develop a rotating shift
to cover weekends (and | assume, holidays). If the existing County and District judges rotated
weekend coverage (similar to the current eight hour coverage on weekdays by visiting judges).
it would only require each judge to cover approximately two weekend shifis during the year
This assumes the workload is shared equally among the judges. Alternatively. each ju
individually could magistrate these types of post-indictment cases for their own court, on
call basis. Any of these options would be more cost-effective than funding additional,
duplicative magistrate positions.
David L. Smith
Bexar County Manager/Budget Oficer
Attachment: Amended Memorandum Critical Funding RequestCRIMINAL DISTRICT COURT ADMINISTRATION
PAUL ELIZONDO TOWER
101 W. NUEVA, SUITE 301
SAN ANTONIO, TEXAS. 78205
(210) 335-2544
amici besar.or
ANC. AMC
GENERAL ADMINISTRATIVE COUNSEL
AMENDED MEMORANDUM
=*CRITICAL FUNDNIG REQUEST**
70: David Smith
County Manager
FROM: Ana C. Al
General Administrative Counsel,
Criminal District Courts,
May 14,2019
RE: County Magistrates
On April 30, 2019 Commissioners Court voted to de-fund the judicially appointed
magistrate positions, The removal of county magistrates from the criminal justice system
has thrown the system into chaos and has left the County exposed without a magistrate
available 24/7 to handle the various legal issues that cannot be covered by the existing city,
magistration system, The City has notified the criminal county and district courts that they
will not be handling any post-indictment cases, Therefore, criminal matters requiring
immediate attention are not being addressed by the County. Issues ranging from motions
to revoke probation to pre-existing warrants and post indictment fugitives are not able to
be processed within 48 hours as required by law. As an example, an individual who was
subject to electronic monitoring removed his electronic monitor over the weekend and
there was not judge available to handle the issue. This is a serious public safety issue and it
is a violation of the law not to magistrate an arrested person within 48 hours of arrest. The
judiciary is certain this was not the intended consequence of defunding the county
magistrates. Nonetheless, the criminal district courts request immediate release of funds to
re-instate 24/7 magistration at the JIAA facility in the interest of public safety. In the
alternative the judiciary request county magistration coverage over the weekends.