DALLAS — Judge Vonda Bailey is raising concerns about what is happening in the Dallas County civil and family courts.
She’s concerned three associate judges may not be eligible to hear cases because, she said, they don’t live in Dallas County -- which is required by law to sit on the bench.
According to the Texas Penal Code, an applicant must "...be a resident of this state and one of the counties the person will serve."
Associate judges appointed in Dallas County only hear cases in the county.
“Number one both the Texas government code, as well as the family code says that in order to be eligible for an appointment with an associate judge, you must reside in the county you are going to serve,” said Judge Bailey, 255th District Court.
Two of the associate judges, Tahira Merritt and Ronald Hurdle, have heard civil cases for years. But last week, the civil judges prohibited them from hearing any more cases while they investigate their residency.
Bailey said the two judges live in Collin County.
“You have to follow the law because it questions everything that we do behind the bench,” said Bailey.
This all came to light when attorneys filed an appeal in a case that Judge Merritt has already ruled on saying, “the associate judge is not upon information and belief a resident of Dallas County, and hence fails to satisfy the requirement.”
And on the morning of June 26, Judge Lorna Bedard was sworn in by Judge Kimberly Brown to be her associate judge. Judge Bailey said Bedard lives in Forney.
“Her application clearly says she lives in Kaufman County," said Bailey.
Bailey said she’s raised concerns for two weeks.
“It would be different if I didn’t say anything if I hadn’t put out a notice before she was actually hired,” said Bailey.
Judge Brown has not returned WFAA's calls or emails for comment nor have any of the associate judges.
The question is what happens to the cases the associate judges have already heard. Could they be overturned on appeal or voided? That is a question a higher court may have to determine.