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News April 4, 2007
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Allen starts hearing first criminal cases
By SHARON KERR Staff Writer

Jasper County Judge Mark Allen has completed the required courses through the judicial academy and begun hearing civil, criminal and probate cases.

He ruled in his first criminal case last week. Defendant Labib Waalee was charged with failure to identify a fugitive from justice to a peace officer. A jury found him guilty, and Allen sentenced Waalee to 180 days, a $1,000 fine and $289.50 in court costs.

When sentencing Waalee, Allen said he took into consideration both reports that Waalee was trying to turn his life around and become a barber, and reports that three prior convictions resulted in probation and in all three cases, probation was revoked.

During the punishment phase of the proceedings, Waalee's mother disrupted the court despite repeated warnings from Allen, finally resulting in the judge ordering her removed from the courtroom.

Allen said he plans to hold misdemeanor court once a week.

"It's not fair to people involved in these cases to have to sit around waiting two years," Allen said. "It helps law enforcement and it helps the defendants to be able to get on with their lives."

Allen sat as judge for his first civil trial in Tyler County last week.

"They called and asked me because the local judge had recused himself. The case involved a local hospital, and their judge was on the board," Allen said.

Allen said he has also settled at least 30 probate cases since taking office.

"It's an emotional time for families who are trying to get closure and dealing with the cumbersome task of settling an estate," Allen said.

Allen said the courtroom looks different from the judge's bench. The newlyelected judge's previous experience was in law enforcement and investigation.

Asked if it might be difficult to rule against officers he once served with, Allen replied, "Not any one case is ever perfect. As police officers, we always knew some cases we filed were stronger or weaker. Because an officer finds probable cause does not mean he has found proof beyond doubt."

Allen said they stress in his judges' training to be firm but fair and to always protect the rights of the defendants.

"The judge doesn't decide guilt or innocence, but his actions are apparent to the jury and he can't appear to be siding (with either party). The judge is there to safeguard matters of the law and be fair and impartial," Allen said.