Legal battle ensues between Dallas County commissioner, juvenile dept. director over legal records

DALLAS - A legal fight is playing out between a Dallas County commissioner and the director of the Dallas County Juvenile Department. 

Commissioner Andrew Sommerman wants access to records showing how long juveniles are in isolation confinement.

The juvenile director says that information is protected by state law, and he has filed a lawsuit to block what Sommerman is seeking.

The standoff began after a report that found the Dallas County Juvenile Department lags behind national standards, including keeping kids locked up longer than other juvenile detention centers.

Now, a court will decide whether the commissioner gets the documents he wants.

"We have received some very credible evidence that children are being held in isolation, meaning to stay behind a door for time periods that they shouldn't be allowed to be behind a door," Sommerman said. "The best proof of that comes in these documents that show how long the children were observed in each location."

Dallas County Juvenile Director Darryl Beatty has refused. He says the records are protected by state law. 

Commissioners Court served Beatty with a subpoena threatening jail if he doesn't comply. He's filed a lawsuit charging the subpoena is improper.

"They're seeking all authority. These records are highly protected or more protected than medical records," said Brian Hail, Beatty’s attorney. "The juveniles, the hope is that one day they work their issues out and go back as adults and are good functioning members of society. And the last thing we need is records out there even with names redacted off of it."

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Sommerman and Judge Clay Jenkins are both on the nine-member juvenile oversight board. 

Beatty's attorneys say the board has not asked for any records, only Sommerman. They argue the state carries out a yearly inspection.

"Every year, they come in to make sure every detention center is in compliance with those rules," said Frank Adler, Beatty’s attorney.

"The state does do inspections of these facilities. They are not looking at the same type of information as I'm looking for. They're not doing it in as greater depth as I'm looking for, for it to be done in. Now, that’s no criticism of the state whatsoever," Sommerman said. "But we need to govern ourselves. I mean we don't need to be abdicating to the state."

Dallas County Judge Eric Moye will decide whether the commissioner gets the requested records. Right now, the juvenile records door is closed to the commissioners.

"We're always happy to open the door to anyone who wants to help out youth," Hail said. "What we're not going to do is open up highly confidential official records for fishing expeditions by the commissioners court when there's already a mechanism in place for supervision at the board level and at the state level."

No docket date has been set for the hearing before Judge Moye.

That state inspection could happen in the next few weeks.

Sommerman says he is concerned about the children's welfare and wants to know when a child is placed in isolation, for how long and why.