SAN BENITO — Passion with a purpose.
Peace through strength, tough love, justice for the victim, redirecting troubled youth.
A 30-minute conversation with Judge Adela Kowalski-Garza of the newly-created 484th state District Court quickly reveals she is all of those things — and so much more.
“In this particular court, what we do is — under Texas law, the juvenile justice system is designed to redirect and help the minor become a productive citizen in society,” said Kowalski-Garza, who brings to her court 34 years both as a prosecutor and as a defense attorney.
The 484th Judicial District Court was established recently at the Darrell B. Hester Juvenile Detention Center to focus specifically on juvenile cases. Previously, different parts of those cases were handled by different judges on a contractual basis. As such they lacked continuity.
“They had three judges doing this type of case and when it’s part time judges doing these there’s not a consistency with the cases,” she explained. “One judge hears the plea bargain – there has to be one judge that listens to the cases from beginning to end. That just makes more sense than chopping it up where one judge might hear the parent say something but wasn’t there when the next hearing was heard.”
Having one judge hearing a case that will impact a juvenile’s life conveys sincerity to that individual rather than the fragmentation and lack of focus indicated by a revolving door of several judges. This is of vital importance to Kowalski-Garza.
“The priority is to redirect him, to rehabilitate him, to help to assist him,” she said.
Of equal importance is the safety of the community, and respect towards the victim. That respect comes in the form of justice, and a real measure of consequence to the perpetrator.
Say for example “redirection” and “second chances” toward a juvenile tried and convicted of a first-degree felony.
Nooooo …
“If he’s a danger to society, society comes first. Always,” she said, her demeanor immediately changing to that of a harsh defender of the broken against the disturbed wills of the perpetrator. It is of course a tragedy when a youth commits a treachery that destroys his life, but at that point the attention must be given to the pain he’s caused.
“I think that the victims also deserve justice,” Kowalski-Garza said. “If you give somebody that committed a crime, who hurt somebody, if you give him a break, you’re violating the victim again and you’re emboldening the perpetrator, and he feels entitled because he’s suffered.”
She was referring at this point to serious offenders who refer to their traumatic lives, their hardships, their own troubled youth when explaining their criminal behavior.
“I do understand that some minors, some juveniles have lived terrible lives and I do take that into account,” she said and then, matter-of-factly, “There are lots of people who have lived terrible lives and they have not hurt others.”
She reflected now on the brokenness and the sorrows of life and how harsh struggles can impact the lives of young people. There is the tragedy of juveniles who exact their pain on others to such a degree they become a danger to society; there are also those with lesser charges, youths acting out from troubled home lives through course behavior, those who can be redirected.
“I know there are many good fathers and mothers that end up with troubled children and it’s not their fault, so I don’t want to blame everything on the family,” she said. “But I also know that many times the family background of the child is very difficult. If you have a crazy home life, it’s difficult to judge them the same way you would judge another kid that doesn’t have a crazy home life.”
She herself has been appalled to see juveniles in her court, in shackles, while angry parents are shouting at them the most withering of insults. If this is a reflection of the normal conversations between parent and child at home, then obviously there’s a problem to be addressed.
“If you talk to a child with disrespect calling him names, humiliating him or her in public, how can you expect to have a good relationship with that child,” she said. “I see that a lot with mothers with their own children, calling them names and exposing their faults to the world, telling everybody everything and complaining about them.”
In cases like these, counseling is just as important for the parents as it is for the children.
“Sometimes I see a lot of anger and rage and resentment from the parents that probably come from their own experiences in their lives,” she said. “Like they say, hurt people hurt people. So, they’re hurt themselves, and they express that pain to their children, and basically that just perpetuates the suffering from parent to child and that child is abusive too.”
When dealing with such juveniles who are struggling with real challenges and trying to find their way in the world, she approaches them with the purpose of a concerned citizen doing an intervention.
“In many ways the judge is the parent of that child,” she said. “The juvenile judge ends up being the disciplinarian, the one that tries to protect them, directs them, helps them get into the right path.”
She recalled a recent case of an 11-year-old boy who’d been in detention for several days and was about to go home. She spoke with the boy about his infraction, his penalty, and the importance of responsible actions. She made reference to his age, and he countered, “I’m twelve. My birthday’s today.”
“Your birthday’s today? Then let’s sing happy birthday.”
