CHAPPELL, LANEHART & STANGL

Lubbock County Still in Limbo, But Tarrant County Okays Bypass Badges

By Chuck Lanehart

Almost a year ago, LABA and a coalition of local bar associations were set to pitch formally the Lubbock County Frequent Courthouse Visitors Badge Program (LCFCV) to the Lubbock County Commissioners. But on the eve of the presentation, Commissioners pulled the item from its agenda with a promise to “study the issue carefully before rescheduling the matter for consideration.”

Commissioners have not rescheduled the presentation. LCFCV advocates fear support for the proposal has faded among the Commissioners, largely because of fierce opposition by Lubbock County Sheriff Kelly Rowe.

Unfortunately, Lubbock County Criminal District Attorney Matt Powell refuses to support the program, as does the Lubbock County Board of Judges.

Meanwhile, there was a surprising development elsewhere regarding courthouse security. Tarrant County would seem to be the most unlikely place to see attorneys bypass security at the courthouse. However, on August 25, Tarrant County saw the light. With support from the local bar, criminal court judges, Sheriff Dee Anderson, and District Attorney Sharen Wilson, Tarrant County Commissioners unanimously approved an attorney bypass badge program for the Tim Curry Criminal Justice Center.

Ironically, the most violent courthouse incident in Texas history—lawyer George Lott’s deadly rampage of 1992—happened in Tarrant County.

The tragedy prompted tighter courthouse security across the state. In 1993, the legislature approved a law that helped fund electronic courthouse security systems statewide.

In many counties, security bypass programs were implemented for courthouse employees, police officers and others, but private lawyers were required to submit to electronic screening. The legislature eventually gave local county commissioners courts the power to implement bypass badge programs to exempt lawyers and other frequent courthouse visitors from screening.

Over a span of many years, Tarrant County lawyers had unsuccessfully mounted several well-organized attempts to convince local authorities to implement a security bypass system for lawyers. Attorney Lance Evans of Fort Worth, a longtime advocate of the program, credits support from the Sheriff, District Attorney and judges in finally convincing the county fathers to approve the special badges. The program will not apply to lawyers who enter the Civil Courts or Family Courts buildings, and there are no plans to implement the program anywhere other than the criminal court building.

To apply for a badge, attorneys must maintain a Tarrant County office and pay an annual $75 fee, and there is a requirement that the Sheriff’s office perform a background check.

The Tarrant County Bar Association will administer applications, including confirmation that the attorney is in good standing with the SBOT and the attorney’s main office is in Tarrant County, Lance Evans explains. There are some detai1s to be worked out, and the plan is expected to be implemented on October 1, 2015.

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