Judge throws out contempt order against student; issues statement

Judge throws out contempt order against Willis honors student Judge throws out contempt order against Willis honors student Image 1 of / 1 Caption Close Judge throws out contempt order against student; issues statement 1 / 1 Back to Gallery

A Montgomery County justice of the peace who last week ordered a Willis High School honors student to spend 24 hours in jail for missing school has ordered that her contempt of court charge be vacated, the girl’s attorney said Wednesday afternoon.

Diana Tran, 17, a junior at Willis High School who works two jobs to help support her family while taking honors classes, was found to be in contempt of court for missing too many days of school. On May 23, Precinct 2 Justice of the Peace Lanny Moriarty ordered Tran to be held in the Montgomery County Jail for 24 hours.

Tran’s parents are divorced, and while her mom is not around, “her dad is very much in the picture,” said Houston attorney Brian Wice, who is representing Tran.

Under the Texas Education Code, if a student fails to attend school without excuse on 10 or more days or parts of days within a six-month period in the same school year, a school district shall “file a complaint against the student or the student’s parent or both in a county, justice, or municipal court for an offense under Education Code 25.093 or 25.094, as appropriate.”

Tran was cited and jailed for contempt of court stemming from her truancy, Wice said.

Truancy is a Class C misdemeanor, punishable by a fine up to $500. But the punishment for contempt of a justice court or municipal court is “a fine of not more than $100 or confinement in the county or city jail for not more than three days, or both ...” the Texas Government Code states.

Precinct 4 Justice of the Peace James Metts is known for jailing students who fail to attend classes, or parents whose students are truant.

Metts sympathizes with Tran but said the law still must be obeyed.

“If she had been before the court numerous times as she probably had been, she was likely given numerous opportunities to come to school,” Metts said. “If they refuse what they’re supposed to do, they can go to jail.”

The courts don’t want to send teenagers to jail; they simply want them to follow the law, Metts said.

“The people who started this country started with nothing, and they didn’t cry. They picked themselves up and kept going.” Metts said. “Following the law is in the kids’ best interest.”

Wice said he met with Moriarty and Montgomery County First Assistant District Attorney Phil Grant so Moriarty could set aside the contempt order.

The Montgomery County District Attorney’s Office represents the county in truancy cases, Wice said, and he expressed his gratitude to Grant and DA Brett Ligon for their handling of the situation.

He also expressed his gratitude to Moriarty.

“I’ve met a lot of judges in my 33 years practicing law, and if there’s any nicer judge (than Moriarty), I haven’t met one,” Wice said Wednesday while traveling to New Waverly to meet with Tran and her father. “He’s a class act.

“Between knowing what he knew last Wednesday and what he knows today, the judge decided in the best interest of justice to set aside the order.”

Moriarty would not comment on the case Wednesday, citing what he called a “gag order” between him and attorneys.

Friday, he issued a prepared statement regarding Tran's case:

"Since I was elected Precinct 1 Justice of the Peace in 2003, I have remained focused on serving the public to the best of my ability, listening to each case before me with an open mind and making an informed, just, and legal decision.

"As a father and someone with over three decades experience in law enforcement, I came into this office with not only a love for young people, but an acute awareness of the dangers they face in society and a genuine determination to provide whatever guidance or assistance might be necessary to guide them on the path toward a successful future.

"While I will not address the specifics of Ms. Tran’s case, I will say that my intent is and has always been to make sure the students in my precinct take full advantage of their opportunity to earn a high school diploma. According to state law, regardless of how high a student’s grades may be, if they have too many unexcused absences they will not receive credit for their classes. When a student who has already been to court and been court ordered to attend school each day continues to have unexcused absences, additional steps must be taken to enforce the law that is meant to ensure they complete their high school education.

"I want the best quality of life possible for all residents of Precinct 1, and I want our children to have the brightest futures they are capable of achieving. I will continue to hold students, and sometimes parents, accountable for unexcused absences as we work to reduce truancy, lower the dropout rate, and instill in tomorrow’s leaders the belief that rules and laws must be followed by all for society to properly function."

As for Tran, who works part-time at a New Waverly wedding venue, “She’s doing good,” said Starla Hill, one of Tran’s co-workers. “She’s such a good kid; she’s a sweetheart.”

Media coverage of her jail sentence brought international attention, including from the website HelpDianeTran.com, which has accepted more than $90,000 in donations from people in 49 states in the U.S. and 18 different countries.

Charlie Davis, president of the Louisiana Children’s Education Alliance, saw Tran’s story on television news and was angered by what he saw, he said. His nonprofit organization focuses on providing parents with the ability to select the school that works best for their family.

“It broke my heart and infuriated me at the same time,” Davis said. “She was trying so hard against bad odds, and we all wanted to rally around her and raise some support.”

LCEA partnered with two other organizations, Anedot and Gatorworks, to set up a website where anyone who was willing to help Tran was given the opportunity to do so.

Most of the money received on the website, Davis said, has been from a large number of people making small donations. The money will be put into a trust fund for Tran to help cover her expenses.

By the end of the first day, the site raised more than $2,000 and has steadily increased from there.

Tran is “a kid who’s going to make Willis proud,” Wice said. “To do what she’s done to make her grades and work ... speaks volumes about her will and intellect.”

Wice could not say how Tran would be able to continue working the hours she does and do well in school.

“There’s no easy answer,” he said. “I’m going to do everything I can to help her balance her personal life with her education.”

Courier reporter Jonthan Garris contributed to this report.