Director of Miller County youth lockup suspended without pay

TEXARKANA -- After spending less than an hour in executive session, Miller County Quorum Court members agreed during a special meeting Monday to suspend the county's Juvenile Detention Center director without pay.

Mary Choate was being paid as the center's director even though she was prohibited from going to work because a court order banned her from being on the center's property.

The order, issued Sept. 4, accuses Choate of publicly threatening to fire the center's administrator for reporting to a juvenile court hearing in August as ordered by Circuit Judge Kirk Johnson. The administrator's summons and testimony concerned the early release of two juvenile detainees.

Specifically, the court order prohibits Choate from being within 1,000 feet of the center or the juvenile court offices. It also warns her not to contact juvenile detention employees and instructs Miller County law enforcement officials to arrest Choate if she is found in violation of the order.

After the justices of the peace unanimous decision Monday, Choate's attorney, Jason E. Owens of Conway, said he will continue to work on preparing Choate's case in the event it ultimately goes to trial.

County Judge Cathy Harrison said Choate is still employed by the county.

"This is just a suspension, not a termination," Harrison said.

The court order, obtained by the Texarkana Gazette through a Freedom of Information Act request, accuses Choate of displaying "outrageous behavior, coercion and intimidation in public unbecoming a supervisor."

Johnson summoned former Administrator Tyna Nix to court Aug. 21 to give testimony in two hearings concerning the early release of two juvenile detainees. Nix reported to the court that Choate had told her not to show up, but that she was instructed by Johnson to disregard Choate's directive and obey the court's summons.

Choate reportedly learned of Nix's appearance before the hearings and confronted Nix in the second-floor hallway of the Miller County Courthouse in full view of court security staff and other members of the public.

"When the employee [Nix] was asked to give her report ... she was visibly upset and on the verge of crying and was shaking from the verbal assault she had just endured in the hallway while awaiting to testify by Mary Choate and was barely able to respond to questions of the court," the order states. "The court finds that there is sufficient evidence to proceed with a hearing for the said Mary Choate to show cause why she should not be found in contempt of court and for obstruction of court proceedings."

The order describes Choate's conduct in the courthouse as intimidating and humiliating. It expresses concern that future misconduct and retaliation may occur, and accuses Choate of creating a "toxic work environment" at the juvenile facility.

According to the Miller County court staff, a final hearing on Choate's alleged contempt and obstruction has not occurred because of changes in Choate's legal representation, delays caused by fall and winter holidays, and the coronavirus pandemic.

Choate was the sheriff of Bowie County, Texas, from 1989 through 2000.

Metro on 05/20/2020

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