Embracing Life Beyond the Bench

Embracing Life Beyond the Bench

BY JUDGE BRENDA P. KENNEDY, 403rd DISTRICT COURT, TRAVIS COUNTY

As a person who has literally spent most of their adult life within the confines of the Travis County Courthouse, the thought of living a “normal” life outside its walls is quite daunting to say the least! I began my courthouse life at the Travis County Courthouse in 1982 as an assistant district attorney. I found my niche in trial advocacy, and enjoyed, practiced, and nurtured it until ascending to the bench in late 1987. My “insider’s” view of life, from the perspective of my judicial involvement, includes both positive and negative experiences. I have been able to observe and learn much about people from all walks of life and backgrounds, from a prime position with a “ringside seat,” observing many experiences that others might not imagine or believe possible. But, for those of us who have this level of involvement, it provides a truly unique life experience, whether it is good news or not. As an integral part of the criminal justice system, judges bear witness daily to the many factors, components, and nuances that not only affect decision-making, but also impact lives forever. Balancing the weight and equity of the decisions that must be made oftentimes carries quite a heavy burden. One thing that must be recognized is that the decisions made profoundly affect human lives, families, future, economics, and opportunities for all affected—sometimes for generations to come.

It is painfully clear that important strategies and decisions that might be made by counsel, the court, the accused, and others are impacted by various considerations and affect each person differently depending on many factors which might include: socio-economic status and condition; familial and community support systems; mental health treatment and availability; community impact and involvement; the historical circumstances that many might face in assessing risk levels and behaviors. The existing relationships and support between people and their respective communities, local law enforcement practices and application, and lastly, but certainly not in the least, the heavy impact of political and legislative actions and agendas, affect the entirety of how and whether our system of justice functions effectively with the ability to address the critical concerns of our community.

Throughout our state there are vast differences, depending on where you live, in governmental involvement from a local, county, and state level, regarding many of these issues that must be addressed. These concerns are critical and inherent in our ability to achieve equity and fairness for all impacted. Obviously, budget concerns drive many decisions, some without respect to the economic and social status and/or capabilities of many of those involved. From my vantage point as a member of the judiciary, it has been quite a 35-year rollercoaster ride, and I have had the privilege and opportunity to have a ringside seat in observing intricacies involved in our system of government, as well as witnessing many peaks and highlights—the progress that can be made which brings us all a sense of pride. However, I also recognize the valleys that reach deep, causing great concerns and posing articulable challenges for the future success of our criminal justice system.

From a historical standpoint, I never dreamed or really set my ambitions on becoming a judge. After graduation from the University of Texas at Austin, I wanted to pursue a career as a newscaster. After about six months of making coffee in the position of a new hire with dues to pay, I decided I did not want it badly enough to pursue! I then set my sights on law school, considering a career in civil rights. Upon entry to the UT School of Law and participation in various internships, I thought I would either pursue a career in oil and gas law, which I embraced and understood somehow, or, on the opposite end of the legal spectrum, in criminal law. I enjoyed criminal law immensely, thanks to then-professors George Dix and Bob Dawson. I worked every year of law school and managed to land some interesting internships and opportunities. Some of the exposure I gained led me to believe I might have a knack for trial advocacy. Thus my movement, upon passing the bar, to a job at the City Attorney’s office, where I was clerking at the time. After three months there, I moved to the District Attorney’s office as an assistant district attorney. I loved the trial work and did not even consider the judiciary as a career, until my then boss, Ronnie Earle, convinced me that it was time—socially, politically, and from a community standpoint—to add some diversity to the Travis County judiciary. It was at a time when I enjoyed some name recognition from the many trials I had participated in. So, now, here I am—35 years later, approaching retirement, and looking forward to what lies ahead!

I so enjoy the intricacies of the jury-trial process and, as a person who has a background in trial advocacy, find them to be not only interesting, but oftentimes legally challenging. It is thought-provoking to witness the things that are important to our community members reflected in their decisions as jurors—a priceless experience! It can also be quite a valley in a few instances, when some important or critical decision might be made in a hasty or emotional manner that the affects the entire life of the person accused. Luckily, in Travis County, I have not had to observe this often, but it is a fact of life which makes for some real “low lows” in embracing and accepting the laws that apply in many instances. However, we all must realize that community standards and tolerance levels are what the criminal justice system is based on in every community. So, the recognition of the critical nature and importance of our jury-trial system should and will always exist!

Personally, I have been fortunate to have firsthand knowledge of how individuals can change their lives in a profound way, just by putting forth effort and recognizing and embracing weaknesses which, in turn, makes them more receptive to want to change. I had the opportunity to preside over our Travis County Drug Court for many years. When asked about some of the highlights of my judicial career, that would most certainly be one of them! To see people physically and mentally change within a year’s time is a rainbow in a sometimes-cloudy pattern of events in our justice system! To be able to walk through the ups and downs of addictive behavior, and see change with your own eyes, is truly a rewarding experience. I can say that there can be positive results even when many believe a situation is hopeless due to the addiction. My fondest memories are not comprised of the politics involved in becoming or remaining a judge; nor are they in the dayto-day docket responsibilities of overseeing hundreds of cases over many years, which only allowed for minimal superficial contact with those individuals coming in and out of the courtroom for brief appearances. The daily stresses involved in our judicial responsibility handling court-assigned dockets are entirely different than the opportunity to set aside time and secure resources that might be able to assist in affecting change in some systematic condition or behavior that has been observed, but not addressed.

My most rewarding experiences have been with those whom I have had the opportunity to interact with and get to know as individuals where I can assist or facilitate a means of affecting some change in their behaviors, if indeed the person really wants to embrace change, but just needs a little push or assistance. Some may call it “tough love,” which it truly is! By far the most memorable conversations and successes were those where I have been able, in some way, to facilitate appropriate interventions and treatment avenues for them which allows me to see them grow and make progress. Many transform themselves beyond what I would have thought possible! To watch the mental, and obviously physical, changes occur in a person who is admittedly a drug addict or who exhibits criminogenic behavior patterns, yet who wants to change and is willing to go through the rigors of a program, is profound!

I began the 403rd Youthful Offender Support Court docket in 2011. I felt that there was a need to assist youth on felony probation who had no support system or family. Realistically, they had a very low probability of being successful on probation. They were not hard to identify, as there are many. Thisprogram embraced those placed on felony probation between the ages of 17 and 25, who were willing to come to court and interact with me on a weekly or bi-weekly basis depending on their progress in the program. Participation was limited to 25 felony offenders, at any one point in time, that could be active on this docket. With the assistance of the Travis County Community Supervision and Corrections Department, and a financial grant award from a private donor interested in youth rehabilitation and providing opportunities for that specific population, I set about nurturing, mothering, interacting, and having this special docket for those that were willing to put in the work and effort. My fellow felony court judges made referrals for participation in the program, and I was able to maintain and effectuate the Youthful Offender Program which served to benefit all involved. They had the benefit of a direct line of conversation with the judge, and over time became comfortable in expressing their feelings, opinions, and challenges. In addition to financial rewards and other incentives, we were also able to shorten terms of probation, which allowed many to exit the criminal justice system much quicker than the term they were originally assessed. We celebrated achievements, sobriety, and stints of drug-free and crime-free behavior, and provided varied incentives for milestones achieved, as well as sanctions in appropriate situations of non-compliance.

Judge Kennedy (center) along with daughters Mallore Ahmad (left) and Pilar Caldwell (right).

I became knowledgeable about each participant on a personal level, as they would contact me about accomplishments, fears, thoughts of engaging in other criminal behavior, and the associated struggles, including family situations not conducive to compliant behavior, life milestones and achievements, as well as childbirths and other matters I would not normally have the opportunity to discuss with those who I see on my general daily docket. I can attest to the fact that once you know an individual and understand their struggles, roadblocks, and the efforts genuinely employed to overcome those negatives, you do become quite a bit more thoughtful and concerned about their ultimate outcome and success and try to do everything possible within legal parameters to assist them in avoiding incarceration and other negative outcomes.

By far the most memorable conversations and successes were those where I have been able, in some way, to facilitate appropriate interventions and treatment avenues for [individuals in the criminal justice system,] which allows me to see them grow and make progress.

Obviously, not every enrollee graduated from the Youthful Offender Program. However, we enjoyed a successful non-recidivism rate for those who did graduate from the program. I’m quite proud to say that there have been many graduates who have not been re-arrested and who have also made notable life achievements, including high school diplomas, GEDS, vocational licenses, regular employment, and even college participation—one graduated with an engineering degree from Texas State University. I am so proud of them and of the vision I undertook to provide that program for those who were willing to participate. I view these participants as a part of my extended family and to this date continue to enjoy conversations, contacts, and updates on their progress on a regular basis.

Currently, the pandemic situation and its aftermath (hopefully), has provided some challenges that we would not have otherwise projected. It seems that individual attitudes, as well as work ethics, have changed to some degree. In addition to the lessening of the size of the dockets for community standards and health reasons, some seem to lack the motivation to do the tasks necessary to bring them out of their current situation. My hope is that as we get back to normal, we retain some of the efficient and effective electronic advances made to our operational system. We have learned how to do some things better, believe it or not! I also hope that we can co-exist with all members of every facet of the bar in a professional, respectful, and collegial manner which will allow us all to work for the betterment of the overall Travis County criminal justice system.

It is with great fondness that I remember my service to Travis County! As I approach my upcoming retirement from the bench, I look forward to travel, embracing hobbies, and voluntarily engaging in legal and judicial work when that itch arises! Foremost, I really do hope that I can spend more meaningful time with family and friends as I embark upon the next phase of my career and life! AL