Considering retired Judge Knize for new position causes uproar
ELLIS COUNTY – According to sources around the courtroom in Ellis County, former 40th District Judge Gene Knize has decided not to be considered as the temporary visiting judge for a second courtroom.
The second courtroom will be added to help the county get rid of backlogged criminal cases due to COVID-19.
The item was discussed in the Feb. 8 Ellis County Commissioner Court meeting.
It was due to be brought back for more decisions in two weeks when additional information was researched.
As of the Feb. 22, Commissioner Court meeting, the item was still not on the agenda.
A one-and-a-half-hour discussion with Ellis County District Attorney Ann Montgomery, Ellis County Sheriff Brad Norman, Ellis County 443rd Court Judge Cindy Ermatinger and Defense Attorney Mark Griffith – all speaking – it was revealed after Griffith spoke, of the possibility of Knize filling the temporary judge seat.
Knize is a former county/district attorney – the spot Ann Montgomery now holds. He started his career as a Democrat, but when the seeds of political change were blowing, he switched to the Republican Party in the early 90s.
Before retiring in 2010, the controversial Knize, nicknamed ‘Bully on the Bench’ became notorious for his total control of the courtroom, and numerous defense attorneys had criticized his handling of proceedings.
The item on the agenda passed in a 3-1 vote with Commissioner Paul Perry, pct. 3, voting no to add positions within the Ellis County and District Attorney’s Office and the Ellis County Sheriff’s Department for positions necessary due to an increase in criminal cases from a COVID backlog.
Ellis County Judge Todd Little did not vote. He only votes if there is a tie-vote.
The item was seeking approval to pay for positions using American Rescue Plan Act funding.
Perry asked the item to be tabled for two weeks, but Commissioner Lane Grayson, pct. 2, insisted on making his motion.
Griffith said he brought the Knize topic to light “on a rumor that is concerning to me.”
He said the rumor was there would be a new court requested, and Knize would be appointed.
Speaking about District Attorney Ann Montgomery, Griffith said, “She is an elected official [and] has had time to get a booklet together and stats so she can confront a new court to hear a clogged criminal justice system. This is not the DA’s court – this is the citizen’s court. I don’t want to be flippant; I agree we are backlogged, and I know COVID was not preventable.”
Griffith raised his main issue when he said, “I am little concerned about the rumor that has not been confirmed that Judge Gene Knize is already the preselected judge.”
Ermatinger said she recommended Knize because he was the only judge she knew who would take a visiting judge role for a full year.
Griffith said he believed “the era of judge Gene Knize has come and gone. He was elected DA, he served as DA, he was elected District Judge and he served as District Judge, he is not District Judge now.
“He is too old to run under statutory requirements, and in this small county you always wonder if you say something in public if it will come back to bite you.”
Griffith said he would have liked time to get a forum of defense attorneys together to discuss this Commissioner Court item because in his opinion, “We have moved past manner in which Judge Knize ruled on the bench.”
Perry asked Griffith if he was deriving that this “ramp up from the DA’s office is predicate to that appointment?”
Perry also asked Ermatinger if she had specifically requested Judge Knize.
She said, “We talked about him, yes.”
Ermatinger added he had told her he thought he could take on the one-year position if he was healthy.
Griffith reminded the commissioners that judges are on a wheel. It does not have to be the same judge each time for the visiting judge seat.
As the voted passed the court will be using ARPA money for two years for the temporary court and new hires at the DA’s office. Little said Montgomery would return in four months to let the commissioners know if the temporary court was successfully managing the backlog.
It is not known when the item to discuss further particulars will be on the agenda, however it was noted in the Feb. 8 Commissioner Court meeting the new courtroom was set for a March 2022 start date.
Funding for those positions will use the county’s allotment of federal American Rescue Plan Act funds. Commissioners will add funding for those slots during their next meeting Feb. 22, and those jobs will be prorated for the remaining seven months of the 2022 fiscal year, which ends Sept. 30.
Little said the seven-month amount would be roughly $337,000.
Ermatinger told commissioners the Multipurpose Room in the Ellis County Courts Building will be turned into a courtroom.
Having the second courtroom in the same building will simplify security, which Sheriff Brad Norman also addressed.
Norman said he has enough personnel he can pull from other duties to provide support for the second court if necessary.
Norman said he would need to add two patrol deputies to replace those called for courthouse security.
But Norman said he wanted assurance any created positions would be safeguarded once ARPA money runs out.
OTHER ACTION ITEMS
• The Ellis County Clerk’s Office was recognized with the achievement of the Exemplary Five Star Award for 2021 for excellence in the vital statistics registration process.
• The approved consent agenda included previous meeting minutes, acceptance of various report, property tax refunds in the amount of $131,388, a payment to Dr. Leigh Nordstrom in the amount of $5,250 for 35 hours of work related to COVID, the use of ARPA funds for HP ProBook laptop computers for the Ellis County Juvenile Justice Alternative Education Program in the amount of $29,914, and several budgetary line-item transfers.
• Commissioners approved three plats and two one-time variances.
• The court OK’d contracts with HOK Architectural Services and Architexas for design and other related services for the buildout of future county projects.
• A large number of Sheriff’s Office items were declared surplus and will move forward to auction.
• Right-of-way fund contributions to the Texas Department of Transportation were approved for the FM 664 reconstruction project in two segments, from U.S. Highway 287 to FM 1387 and from FM 1387 to Westmoreland Road.
The first segment is in the amount of $105,897 and the second segment in the amount of $539,619.
Both amounts will be paid over four years and Perry said it was “the cost of business” in dealing with TxDOT.