During the Wednesday meeting of the Gaines County Commissioners Court, Judge Tom Keyes and the commissioners discussed options for providing indigent defense in the 106th District Court for Gaines County due to Artie Aguilar's recent termination of his contract. Aguilar has served as an indigent defense attorney in Gaines County and three other counties for the past 20 years.
"The way it is set up," Judge Keyes explained, "Artie has a contract with each of the counties in the 106th District, and he has terminated his contract with Gaines County, and he has apparently not terminated his contract with the other three counties." The judge said this might be helpful for Aguilar since he is currently over-extended according to the Texas Indigent Defense Commission (TDIC) on the number of defendants he is covering. Judge Keyes added that he had expressed concern about how Aguilar's contract had been procured. "I don't think the procurement rules were followed way back when Artie first came on board."
The judge noted that it might cost the County a little more money, but he will request that an experienced defense attorney capable of defending all levels in felony court be hired. Along with the attorney would come a junior or assistant attorney who could cover misdemeanor court; both of them would cover juvenile court as needed. "We would continue to have a wheelhouse in those courts when there are conflicts of interests, and I think two attorneys should be able to provide the indigent defense needed to be consistent with what the law requires." A wheel or wheelhouse usually refers to a small number of individual attorneys who agree under separate contracts to represent appointed cases on a rotating basis.
The law, Judge Keyes stressed, states that as soon as counsel is appointed, they have 24 hours to meet with their client. That has not been happening in the felony courtroom because they are shorthanded. "Artie is just one guy," he said. "I will also specify that they need to hire an office assistant, possibly a legal assistant that could help manage their workload and an investigator so that these indigent defendants' defense can be consistent with what the law requires."
Aguilar will remain until September. Before that time, the judge added, something needed to be done. "We need to get this advertised and bid and get something in place…If we do a wheel, we will have to sweeten the pot, which will cost more money."
Commissioner David Murphree told the judge that he had talked with Aguilar last week, and the attorney said he would be willing to come in and recant his resignation. "But I think we need to have Artie come in and visit with the whole court. We discussed offering some assistance or help, and I don't know if that assistance had been put on the table before to truly help Artie." Judge Keyes said that the idea of assisting Aguilar with the situation was discussed last year.
After additional remarks from the judge, the commissioners, and County Attorney Joe Nagy, the court decided to table any decision until they could study the situation further.
The Gaines County Commissioners Court authorized Judge Keyes to contract for asbestos testing in and around the old library in Seagraves and contract, if needed, for abatement in preparation for renovations. The plan is to convert the space into a courtroom for Precinct 2 Justice of the Peace. When demolition began, however, asbestos was found in spackling used to glue tiles in place. "I've contacted the fellow who did our asbestos abatement at the old jail, and he said he can be there next week. I didn't want to do it until I had you all's permission," the judge told commissioners. Unanimous permission was given to begin testing the area.
Sheriff Ronny Pipkin, who could not be at Wednesday's meeting, had asked Judge Keyes if the County could fol low the Seminole ISD model and put specific numbers on the doors of county buildings. The signage would aid local EMS, the fire department, and law enforcement when dispatched to emergency calls. "We want to develop a number methodology that would give it a distinctive identity. Robert (Barrett) thought it was a good idea, and I'm sure D.A. (Dagley) would also agree. Using numbers would help the doors be clearly identified," the judge said.
Additional business in Wednesday's meeting included the following:
-The court awarded the contract for repairing the roof on the courthouse to ABF Roofing and Foam. ABF bid according to specification; the other bidder did not offer a warranty.
-The county auditor was authorized to issue a credit card to Gaines County Golf Course Superintendent Scott Nichols for purchasing needed supplies online.
-At the request of Sheriff Ronny Pipkin, the county auditor was also authorized to issue credit cards for several sheriff's office employees, allowing them to conduct County business. "They are always running around and needing fuel for their vehicles and whatnot," the judge explained.
-A vacancy needed to be filled on the Northeast Gaines County Emergency Service District Board, and, according to the law, members are appointed by the Commissioners Court. Judge Keyes noted two nominees: Gareth Denham of Seagraves and Teresa Freeman, formerly of Loop and now residing in Seagraves. The board unanimously elected Freeman into the vacated position.
-Also, on Wednesday, the court accepted a donation of ten acres of land attached to the Unical caliche pit from the Sparks Ranch.
-Commissioners approved using the Gaines County Park for a wedding ceremony. The judge wanted to remind the wedding party that the park would remain open to the public at that time. Benette McDonald added, "We will also have to have a date so we can tell Scott to turn the sprinklers off."
“The way it is set up, Artie has a contract with each of the counties in the 106th District, and he has terminated his contract with Gaines County and he has apparently not terminated his contract with the other three counties.”
