For a third-degree felony offense of evading arrest or detention with a vehicle, Peters set a $2,000 bond for the alleged offender. The same $2,000 bond amount was set for someone charged with a state jail felony — the possession of a Penalty Group 1 controlled substance less than 2 grams.

Bell County Chief Deputy Chuck Cox confirmed the three bond amounts were set by Peters.

Peters did not return Telegram calls Tuesday.

Peters was appointed unanimously by the Bell County Commissioners Court on March 19 to fill the seat vacated by former Justice of the Peace Claudia Brown after she was legally removed from her elected office by a jury.

Brown’s actions

A series of Brown’s actions — such as setting a record-breaking $4 billion bond for a murder suspect and setting a $2,000 bond for her son — led to her ousting. Brown also set extremely low bonds as a political statement for individuals charged with violent crimes.

In an appeal filed March 12, Brown that said she wasn’t physically or mentally unable to perform her duties as JP. She maintained the order to remove her from office because of incompetence wasn’t proven and the ruling was double jeopardy because the State Commission on Judicial Conduct cited her for official misconduct allegations. She sought $100,000 in court costs and lost wages.

Another Bell County JP, David Barfield, explained how he determines bond amounts. He emphasized a justice of the peace needs to set bonds depending upon certain information, such as how many grams of a controlled substance someone with a felony drug charge allegedly had or the value of what was reported stolen in a felony theft case.

He thoroughly reads each complaint because he wants to treat everyone fairly, Barfield said, but he needs to consider other factors — if the offender is a flight risk, the person’s criminal history and if the person is a risk to himself or others.

“We always need to know more,” Barfield, JP for Precinct 3, Place 1, said.

Commissioners Court

The Commissioners Court on Monday approved a budget amendment to move $5,000 to the budget for Precinct 4, Place 2 JP office. The money was dedicated for overtime pay because of the large amount of cases. The decision, part of the consent agenda, was 4-0, with Commissioner Russell Schneider absent.

Court records indicate Justice of the Peace Precinct 4, Place 2 Bill Cooke had set bonds for 77 days in a row as of Sunday.

Bell County Judge David Blackburn believes bonds amounts are “under the purview of the JP,” so he had no comment on the low-set bonds.

“It’s not a matter for me or the Commissioners Court to review,” Blackburn told the Telegram.

Blackburn and the commissioners knew Peters had no prior experience as a justice of the peace, he said.

“Whoever was appointed would need time, training and education to move into that position,” Blackburn said.

Blackburn said he believed Cooke was supposed to mentor Peters.

“When we appointed Judge Peters, it was my understanding Judge Cooke had expressed an interest in being available and helping with his (Peters) learning process as a justice of the peace,” Blackburn said.

Commissioner Bill Schumann first heard about the low bonds Tuesday from the Telegram, he said.

Setting bonds too low is personally a concern for him, Schumann said.

“Personally, bonds should be color-free and financial ability-free but, by the same token — if it is a felony charge — the bond should be appropriate,” he said. “I would hope that is the way it is being done.”

Schumann wasn’t aware Peters had not already been setting bonds. He thought Peters had been setting bonds under Cooke’s tutelage since he was appointed, he said.

“When we hired him (Peters), we offered to provide a retired JP to work with him for however long it took. Judge Cooke asked us to not do that and asked if he could do it,” Schumann said.

Cooke had no response when asked by the Telegram if he was Peters’ tutor.

Procedures

Schumann wondered aloud if Peters might be trying to make sure Bell County wasn’t ensnared in some of the legal actions led by civil liberties groups in connection with bond setting.

Several Texas counties, including Harris, Dallas and Galveston counties, have been sued by the American Civil Liberties Union about the procedures used to set criminal bonds in some cases, and bail reform legislation was filed during the last legislative session — but didn’t pass.

Bell County district judges are reviewing bond amounts set by justices of the peace to keep Bell County from possibly being sued, a Jan. 23 letter from the judges to attorneys said. The bonds under review are those in felony cases in which the person hasn’t posted bail.

“However, I can’t speak to his (Peters) motives or anything else,” Schumann said.

Blackburn was aware there was litigation in Harris and other counties, but he wasn’t up to speed on it, he said.

Telegram calls to the remaining commissioners returned by press time Tuesday.

Bell County District Attorney Henry Garza was asked Tuesday in a Telegram email if his office will review Peters’ bond amounts and file motions to reset them. No response was received by press time.

Peters, a Killeen Democrat who was the chairman of Killeen Planning and Zoning, will serve the remaining approximate two years of Brown’s term.

“It’s something I’ve never done before. I’m ready to get on it, and find out the ins and outs of it,” Peters told the Telegram after his appointment. “I think it’s a very challenging job in certain areas so therefore I’m ready to learn. Put my feet to the fire and do what I need to do.”

Peters, 56, stressed his main goal once he was officially justice of the peace was to learn how to properly do his job.

“I will do this job to the best of my ability,” he said.

— TEMPLE DAILY TELEGRAM