Meet the candidates: Jean Ricciardello Phelps challenges Mike McCleary for Justice of the Peace Precinct 1

Feb. 21--Incumbent Mike McCleary and newcomer Jean Ricciardello Phelps will vie for the office of Justice of the Peace Precinct 1 in the March 4 Republican Primary.

McCleary, 64, who coaches the Texas A&M polo team and formerly owned a scuba store, touted his experience as JP for the last two terms, while Phelps, 48, said her background in law will help ensure the protection of people's rights.

Brazos County has five justices of the peace handling Class C misdemeanor and minor civil cases. They also serve as coroner and can issue search or arrest warrants. Four seats are up for election in November, as Precinct 2, Place 2 will be dissolved in September.

Each candidate was provided these questions via email and had 24 hours to respond.

Q: Why are you

running for JP?

McCleary: I feel I would be the best man for the job. I have lived a lifetime of service to the community, and feel I have four good years left.

Phelps: ... Brazos County is a wonderful place to live and raise a family and I want to help keep it that way. I have been fortunate to be successful in my career as an attorney and CPA, and I think it is important to give back to my community. One way I can do that is by using my legal skills to serve the citizens of Brazos County. As Brazos County continues to grow, it is important that well-qualified citizens step up to serve the county as it faces the issues that come with growth.

Q: What experience do you have that shows your ability to handle this job?

M: I'm in my eighth year in this position as a judge. Experience keeps a dear school.

P: I graduated from Texas A&M University and South Texas College of Law. I am licensed as an attorney and certified public accountant by the state of Texas and have practiced as both a CPA and an attorney. I am the former dean of Business Services for Blinn College, and currently I am a full-time business law professor at Blinn. I have held management and leadership positions throughout my career, which will enable me to run an efficient and professional office to serve the citizens of Precinct 1. My legal education and experience will be a tremendous asset as the office of Justice of the Peace deals with important legal matters, both civil and criminal, on a daily basis.

Q: One of the most important duties for a JP is setting bond. What criteria will you use in determining an appropriate bond?

M: There are no "rules" for the setting of bail bonds. I take the time to consider prior arrests, officers' recommendations and the ability of the defendant to post the bond. Bonds should not be used as an instrument of oppression. Bails should not be sufficiently high enough to give reasonable assurance that the defendant will show up for trial. The nature and circumstances are to be considered. The future safety of a victim of the offense is to be considered. The Constitution prohibits excessive bail. The ability or inability of the defendant to make bail should also be considered.

P: The Texas Code of Criminal Procedure sets out the criteria to be considered by magistrates in setting bond. The purpose of bail is to insure a person's appearance at trial, but other factors are important in setting bond. These include the safety of the community and victims, the nature of the offense charged and the circumstances of that offense, and the ability of the defendant to make a reasonable bond. It is important for magistrates (JPs included) to appreciate that a bond is not supposed to be oppressive, as defendants are presumed innocent. However, the most important aspect of determining the appropriate bail is the safety of the victim and community. I will give thoughtful consideration to each case that comes before me ... Setting bail is not something that lends itself to a cookie-cutter approach. Each case must be judged on its own merits.

Q: How will you handle truancy cases as JP?

M: At this time, J.P. Pct. 1 does not do truancy cases. If I had truancies, I'd have early court two mornings a week.

P: In dealing with a truancy case it is important to understand as much of the family dynamic as possible. In many cases truancy is a symptom of a much larger problem. Just ordering a child to attend school is not going resolve the truancy if the underlying problem is not addressed.

It is critical to have a good working relationship with the school district if we are going to successfully address truancy problems. It is also important that truancy cases are handled expeditiously. The sooner we can get these students and their parents into court and start addressing the problems the more successful we will be in stopping truancy....

If there are not other problems present that need to be addressed then it is reasonable to give first offenders the opportunity to correct their mistakes through deferred dispositions which should include counseling or community service, as appropriate. It is important to remember that these are children who may make poor decisions. It is also important to work with the parents and make sure they fully understand the ramifications of truancy.

JP courts must do whatever they can to impose meaningful sanctions on those students who are persistently truant. If we can keep students in school it is less likely that the justice system will have to continue to deal with them on more serious matters in the future.

Q: Do you consider this job to be a full-time position? How many hours do you plan to devote to it?

M: This is a full-time job -- 24 hours a day, 7 days a week. If anyone thinks this job is an 8 a.m. to 5 p.m. job Monday through Friday, they are sadly mistaken. Much of our job is conducted late nights, weekends and holidays. We must be available to sign warrants and do inquests at any time, not just 8-5, M-F. My cellphone number is 219-0162. My home phone number has been in the phone book here for the last 44 years and believe me, when needed, the sheriff's office or Bryan Police Department or College Station Police Department or all dispatch all know my home number (some by heart) as well as my cell number.

P: Yes, this is a full-time job and it is not a regular 8 a.m.-5 p.m. job. I will devote my full energies to being a full-time justice of the peace. I will be available to law enforcement to assist with search warrants or setting bonds whenever they need me.

Q: Why should people vote for you over your opponent[s]?

M: In eight years I have never had a week vacation or one day sick from work. Work ethics, sound judgement and compassion for people and my job.

P: My education and experience as both a lawyer and a CPA make me the most qualified candidate in this race. As a lawyer, I have the knowledge and training necessary to interpret the law and apply it correctly and fairly. While this position does not require a candidate to be a lawyer, that background is invaluable. The office has civil jurisdiction for amounts in controversy up to $10,000. Whether someone one is disputing a contract valued at $1,000 or $100,000 -- the requirements for a valid contract are the same. Citizens deserve to have their cases heard by someone who understands those requirements and can judge them fairly .... Having a person in this job who has studied the U.S. Constitution and understands the requirements and limitations it imposes is vital to ensuring that our rights as citizens are protected.

As a former manager in public accounting and dean of Business Services at Blinn College I have the skills and knowledge necessary to manage an office effectively and efficiently. I know how to implement proper accounting controls to ensure the secure collection of fines for the county. I also have experience managing people and updating and modernizing office policies.

Q: What do you consider to be the primary functions of this office?

M: Service to the community.

P: Justice of the Peace courts have jurisdiction over civil cases with amounts in controversy up to $10,000. The Legislature specifically gave justice of the peace courts jurisdiction over forcible entry and detainer (eviction) lawsuits for any property located within their precinct/jurisdiction. Justice of the peace courts have criminal jurisdiction over Class C misdemeanors. However, JP courts are also responsible for setting bonds and reviewing and signing search warrants for any type of criminal case including felonies such as robbery, burglary or murder. Finally, JPs are responsible for performing death inquests, pronouncing death in cases in which someone dies outside of a hospital setting, and determining the necessity of autopsies.

Q: What are your top three priorities and what steps will you take to make sure these goals are achieved?

M: My top priority is to keep this office running efficiently by getting reelected for a third term.

P: 1. My top priority is to ensure that any citizen appearing before this court is treated fairly and with respect. This court is in place to serve citizens and that should be its primary focus. I will set an example of fairness and professionalism and will expect my staff to follow that example. My years of management experience have given me the skills to implement the changes necessary to achieve this goal. My years of legal experience will allow me to make fair and correct legal rulings for the citizens who appear before this court to make sure that justice is served.

2. Making the court is more accessible to citizens. The Precinct 1 JP office is only open four days a week, Monday to Thursday. If I am elected the office will be open Monday through Friday.

For many citizens Friday is payday so they want come in to pay fines. It's also a day many students have a lighter schedule and can take care of business with the court. I will ensure that this court is available to citizens to pay fines, file cases and take care of any other business they may have with the court.

3. I want to improve communication and cooperation with the other Brazos County JPs, CSISD and the state Parks & Wildlife Department.

I will contact the other JPs to discuss standardizing routine matters and making filings as easy as possible for citizens -- especially those not represented by attorneys. We should make sure a magistrate is always readily available after hours to law enforcement so police are not forced to waste time trying to reach someone.

I will contact CSISD administration to discuss how we can work together to effectively resolve truancy issues that the district faces. Both College Station high schools are located within Precinct 1 however; no truancy cases are filed there at the present time. Cooperation among JP Precinct 1, JP Precinct 3 and CSISD is the first step to stopping truancy.

Finally, I will work with the Texas Parks & Wildlife Department to assure them that if they need to file cases in Precinct 1 they can do so and the cases will be handled fairly and professionally and decisions based on the merits of the case. Currently, they also do not file any of their cases in Precinct 1 even though their office is around the corner.

Q: How can court operations be improved and what are your plans to do so if elected?

M: I don't think it can be improved. I've got some of the finest clerks working in the office, taking care of the people that come in.

P: I will open the office five days a week to better serve the citizens of Brazos County ... I will gather feedback from citizens using the court and attorneys who regularly practice before the court to determine if extended hours are necessary and what hours will be most helpful in serving the public. It may make more sense to have the office open until 7 p.m. one night a week instead of just 1/2 hour earlier in the morning. If extended hours are necessary, the office will be open accordingly. Citizens are justified in expecting a county office to be open Monday through Friday and it will be. By properly cross-training staff and devoting some time to scheduling the office can be open outside of regular business hours, if necessary, and still be open five days a week.

When citizens call or come into the JP office they will be served by a staff that acts in a professional manner. I will train my staff to have a service-oriented mentality where all citizens are treated with the dignity and respect they deserve. I will lead by example.

As a CPA and former auditor, I will ensure that the money collected by the office is properly accounted for and safeguarded. I have the skills and experience to implement proper accounting controls and determine whether there are more efficient methods for conducting business. I reorganized and updated the business services office on the Blinn College, Bryan Campus and I will do the same for the Justice of the Peace, Precinct 1 office.

The next questions were posed to McCleary about his two terms in office.

Q: Have you ever had a complaint filed against you with the Judicial Conduct Commission? Outcome?

M: Yes, Texas State Commission on Judicial Conduct required me to obtain four hours of additional education. (Feb. 5, 2009)

Q: We've heard that you sometimes give legal advice to a person before you in court. Is that true or false? Do you think it's OK for a JP to offer legal advice in the courtroom?

M: [Underlined false] No. JP should never give legal advice but can give procedural advice.

Q: Also heard that in lieu of probation or as a part of a person's probation, you have had them do work for you? Any truth to this? Any idea why someone would say this?

M: Sometimes community service is part of the penalty for D.U.I. cases, MIP cases, possession of drug paraphernalia cases and wreckless damage. Sometimes they work for the Pct. 1 Constable's office cleaning up the roads, working at the cemetery and the community center. Occasionally I will let one work in this office under the supervision of my clerks. They help with filing.

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