in Re Beverly Elaine Jones ( 2015 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-15-00021-CV
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IN RE BEVERLY ELAINE JONES
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Original Proceeding
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MEMORANDUM OPINION
Beverly Elaine Jones filed a petition for writ of habeas corpus, alleging she
was illegally confined for punitive contempt pursuant to an order of the 75th
District Court of Liberty County, Texas, in trial cause number CV71726 because
she had not been provided with adequate notice of the manner in which she
violated the trial court’s 2013 community supervision order and the trial court
failed to hold a hearing within the time required by law. We set a bond for Jones’s
temporary release and requested a response from the real party in interest. See Tex.
R. App. P. 52.8(b)(1), (3). The Office of the Attorney General of Texas (OAG)
filed a response that concedes error.
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On May 28, 2013, the trial court signed a judgment of contempt and
commitment order, suspended the commitment, and placed Jones on community
supervision. The OAG filed a motion to revoke community supervision for failure
to timely pay current child support and medical support. See Tex. Fam. Code Ann.
§ 157.214 (West 2014) (authorizing Title IV-D agency to file a motion to revoke
community supervision). The trial court ordered the clerk to issue an arrest
warrant. See id. § 157.215 (authorizing arrest by warrant). Jones was booked into
the Liberty County Jail on December 20, 2014.
Due process requires the trial court to hold a revocation hearing soon after
the obligor is arrested. In re Alexander, 243 S.W.3d 822, 825 (Tex. App.—San
Antonio 2007, orig. proceeding). Section 157.216 of the Texas Family Code sets
forth the time frame for holding a revocation in an enforcement case and provides
that the hearing “may not be held later than the seventh working day after the date
the respondent is arrested.” Tex. Fam. Code Ann. 157.216(b) (West 2014). It is
undisputed that no hearing was held within seven working days of the date that
Jones was arrested. Jones was deprived of her liberty without due process of law
because she did not receive a hearing before the time expired for conducting a
hearing on the motion to revoke community supervision. See id.; see also In re
Roznosky, No. 02-11-00128-CV, 2011 WL 1743682, at *2 (Tex. App.—Fort
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Worth May 4, 2011, orig. proceeding [mand. denied]) (mem. op.) (granting habeas
relief to person held in custody without a revocation hearing for more than seven
working days).
We grant the petition for writ of habeas corpus, order that Beverly Elaine
Jones be discharged from custody under the warrant issued in trial cause number
CV71726, and order that she be released from the bond posted to secure her
temporary release pursuant to this Court’s order of January 16, 2015.
PETITION GRANTED.
PER CURIAM
Submitted on February 4, 2015
Opinion Delivered February 19, 2015
Before McKeithen, C.J., Kreger and Horton, JJ.
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