Emails obtained by Montgomery County Police Reporter under the Open Records Act reflect that Judge Case is continuing with the charges against Magnolia Junior High School teacher Margaret Young. However District Attorney Brett Ligon is refusing to file the contempt charges citing procedural defects.
After that Case states, “Agreed”, it is not clear of the meaning of that.
It appears the Judge agreed with Ligons position.
There has still been no comment from Judge Case.
Below is the email obtained by MCPR:
Who prepares the Order of Contempt? Do I do that myself or is that done
by one of your prosecutors?
BILL DELMORE ASST DA-300PM-
Ordinarily when the district attorney is asked to prosecute a criminal contempt action, the prosecutors prepare the show cause order and the judgment.
Chief, Legal Services Bureau
A contempt order for Ms. Young needs to be prepared.
The allegations are that she failed to appear for her jury summons, after contacting the court for an exemption and being denied.
I have the file at the bench as we are in trial.
She is scheduled to return for arraignment on the date listed below.
The date for the Show Cause hearing for Margaret Young is 05.13.2013 @ 1:30pm.
Due to the procedural defects in your writ of attachment and subsequent arrest of Mrs. Young, I am declining to file contempt charges against her. The 6 hours in custody that she spent is already immeasurably more onerous than the lawful remedy of a fine that you had at your disposal. Therefore, I believe it would be an abuse of prosecutorial discretion to proceed further.
This does not prevent me from prosecuting contempt actions in the future in other cases and I would gladly join in the courts efforts to educate jurors about the possibility of sanctions for failing to attend court. If that is a course you and the other judges would like to proceed on, please advise.
Montgomery County District Attorney
I don’t speak for the other judges so I cannot commit any of them. Thank you for your email.