FEDERAL JUDGE REFLECTS ON RISE IN 'BORDER' CRIMES

WEST TEXAS -- When Federal Judge Royal Furgeson looks back on his
eight-year career in Midland, he points to the drastic changes that have
taken place in the Western District during his tenure.

As almost any legal professional anywhere would likely agree, Furgeson's
schedule last year of picking 51 juries is almost unheard of in any
jurisdiction. While some of those trials resulted in pleadings before a
jury verdict was rendered, processing that kind of case load is nothing
short of remarkable.

"I think I lead the nation pretty much," the judge chuckled, as he recently
conducted a telephone interview from the Pecos courthouse after 8 p.m. He
was returning phone calls while waiting on a jury there to conclude its
deliberations so he could make the two-and-one- half hour drive home to
Midland that night. The judge had to tend to matters at his Midland chamber
the next morning, only to return back to Pecos by late morning for other
trials.

"It keeps me running," Furgeson said.

The judge, who lives in Midland but must spend about half his time on the
road trying cases in Pecos, says the dockets are completely overloaded with
criminal cases because of beefed-up border patrols.

Of the 51 trials Furgeson handled last year, 49 were criminal cases, the
vast majority of which involved crimes directly related to border problems.
When Furgeson took the bench in late 1994, he said there was a balance of
civil and criminal cases.

But then the Clinton Administration doubled the number of federal border
patrol agents along the Texas-Mexico border, resulting in many more drug
and immigration arrests. Also, the North American Free Trade Agreement
relaxed trade restrictions between the United States and Mexico. While the
treaty may have provided an economic shot in the arm for both countries, it
also resulted in increased opportunities for drug smuggling and illegal
immigration.

"That created an absolute explosion of cases," Furgeson said of the
doubled-up law enforcement. "An explosion of cases. That's the story of my
life since I've been out here."

About 75 percent of the cases he hears are drug arrests, 20 percent
immigration and 5 percent "other offenses."

The good news is a bill before Congress sponsored by U.S. Sens. Kay Bailey
Hutchinson (R-Texas) and Diane Feinstein (D-Calif.) would add another
federal judge to Midland and one to El Paso.

"Everyone is encouraged in that we're about to go from three judges to five
judges out in the west, and everyone is encouraged by that," Furgeson said.

Judicial leaders have repeatedly urged lawmakers to add judges' positions
along the border. Congress added two new judgeships to Texas in 2000.

Furgeson said he will spend a few weeks with his successor to show he or
she "the ropes" of judging cases in West Texas, particularly the problems
specific to border towns. He predicted being here another eight to 12
months as the congressional nomination process comes to closure.

"I will very much miss the people of Midland, the lawyers and the federal
court here. The federal court here is like a family," Furgeson said.

[PHOTO CAPTION:]

Federal Judge Royal Furgeson, who lives in Midland but must spend about
half his time on the road trying cases in Pecos, says the dockets are
completely overloaded with criminal cases because of beefed-up border
patrols. Midland Reporter-Telegram