Ill-conceived, poorly executed Tarrant court plan on hold. Here’s how to get it right | Opinion

No project that involves sweeping change will succeed unless both the process and the substance are done right.

With Tarrant County’s proposal to realign criminal court operations, it’s clear the process was badly botched. Whether the substance can or should be salvaged remains to be seen.

The idea, temporarily shelved, is to move court coordinators, bailiffs and other employees under a new position reporting to the county administrator. They currently report directly to judges. That creates a number of issues, including questions about constitutional separation of powers.

Too many stakeholders — including judges, defense attorneys and even a county commissioner — complained that they were not consulted or even informed by County Administrator Chandler Merritt until late in the process. The resulting backlash at Tuesday’s Commissioners Court meeting led to the creation of a group to study the idea and report by July 1.

County Judge Tim O’Hare said it was not his intent to usurp operations or seize power not properly seated in the executive branch. But he made headlines when he said one of the goals was to ensure that no one was “paid for 40 hours of work when they’re really working 10 hours.”

O’Hare, a Southlake Republican, didn’t specify who he was talking about, and his scenario could have been hypothetical or exaggerated. But there’s been loose chatter for years that some courts aren’t nearly productive enough, especially since the COVID pandemic created scheduling challenges for trials.

Changing that is tricky because district courts are entities of the state, created by the Legislature with each judge accountable directly to the people through elections. The Commissioners Court is the county executive authority, charged with funding and supporting the courts’ operation and running the jail. But as in so much of Texas’ divided governing system, the extent of the commissioners’ power to govern the courts is unclear.

The county’s budget authority, however, is manifest, and the new proposal purports to save about $173,000 a year by consolidating positions. That’s good, but not an earth-shattering amount in a large urban county — and perhaps not worth angering so many judges and creating distrust in the system. At least two other large Texas counties, Dallas and Travis, have court coordinators reporting to judges.

One huge key to all of this is the Tarrant County Jail. When suspects are held but trials delayed, the jail risks crowding, an expensive condition with no good options. The county can contract with other jails, but the risks there are clear. The county recently pulled out of a contract with a West Texas jail to house Tarrant’s overflow inmates because the facility didn’t meet state standards. The county could build more jail space of its own, but maintaining current staffing in the Sheriff’s Office has been difficult as it is.

And when jailers are overworked, the risk of neglect or mistreatment of inmates rises, opening the door to civil-rights tragedies that create expensive liability for the county.

As the working group’s creation was announced, one of the stated goals was to address the jail population. It’s a good sign that the panel will consider the whole of the problem, not just the county org chart.

It’s important, too, for county officials to take the opportunity to rectify the process by which the plan was developed. Merritt acknowledged that it had been in the works for at least six weeks. Precinct 2 Commissioner Alisa Simmons, an Arlington Democrat, said she wasn’t made aware until two weeks ago, lighting into Merritt over what she described as a pattern. The administrator acknowledged, too, that he could have done more to consult with judges, several of whom testified that they were excluded and saw serious concerns with the idea of the county administrator directly overseeing the courts.

Merritt is new to the job, a difficult one with several bosses and a sprawling operation to oversee. This was a misstep, but if he learns from it, the county will be better off in the long run.

As commissioner Roy Charles Brooks, a Fort Worth Democrat, said as the meeting ended, now is the time for those affected to offer feedback and input. So, we’ll say this: Tread lightly, Tarrant County. If there are problems with people not working hard enough, manage them. Don’t imperil judges’ independence and the smooth operations of courts that are working. And if judges themselves are the problem, make sure the voters know it.

Most of all, keep the impact on the jail in mind. That’s where the serious cost and liability issues are. Take this chance to make sure that both justice and efficiency are served.