The allegation was that Allison Jacobs had violated her probation for misdemeanor drunken driving.

The concern from prosecutors was she had allegedly tested positive for methamphetamine when she was supposed to stay clean, and so Judge Wayne Christian sentenced her to a year in jail. It was August 2018, and Jacobs was two weeks from completing her probation.

This is a routine practice in Christian’s court. He leads all County Court-at-Law judges in what’s known as MTRs - motions to revoke probation. He also leads other judges in jail bed days.

But there were problems with this order. Many problems relating to constitutional rights and due process. Problems that raise questions about how other cases might have been handled in his court

First, Jacobs and her attorney, Jodi Soyars, disputed the allegation. They said it was not true. They had questions about the accuracy of the urinalysis. Soyars wanted to argue her client was taking a diet pill, which could create a false positive. Jacobs’ mother could testify as a witness. But they never had the chance.

When Soyars asked for a contested hearing, Christian responded, “It’s a little late,” according to court documents.

Second, prosecutors never had the chance to make their argument and present evidence. A prosecutor was in the courtroom but did not approach the bench.

Why? Juanita Vásquez-Gardner, a former district judge and chief of the misdemeanor division for the Bexar County District Attorney’s Office, said Christian hasn’t followed agreements between prosecutors and defense attorneys, and he hasn’t listened to concerns from prosecutors about MTRs. This is in his power, but it’s a bit unusual since prosecutors must prove the allegation.

Third, per court documents, Christian spoke with the court’s liaison officer for probation, who told him Jacobs was near the end of her term and had generally complied with her community supervision but had failed three drug tests. But this wasn’t sworn testimony, and no evidence was submitted. It was just a conversation.

No evidence. No argument. No opportunity to contest the allegation. A year in jail for allegedly violating probation. Soyars appealed.

Prosecutors filed a motion in support of the appeal, conceding error and saying Christian had violated Jacobs’ “constitutional rights.”

Nearly a year later, the 4th Court of Appeals agreed, writing in a June opinion that Christian “abused his discretion both by failing to permit the State to satisfy its burden and by refusing to afford Jacobs the minimum requirement of due process.”

Christian declined an interview request.

But why so intent on keeping Jacobs in jail?

Not only did Christian sentence her there, but court records show he also denied her appeal for reasonable bail. He then modified a district court judge’s order of bail for $1,600 to make conditions more onerous. Another district judge lessened those conditions, and when Jacobs was finally released from the Bexar County Adult Detention Center in November, Christian responded.

According to court filings: Upon release on bail, Jacobs was scheduled for a pretrial services orientation on Nov. 19, 2018. But Christian called pretrial services and had the orientation changed to Nov. 13, 2018. Pretrial services was unable to notify her about this change, so she missed the orientation. The next day Christian revoked her bail, issuing a warrant for an arrest.

What gives? This is a defendant who was two weeks away from completing 14 months of probation for a serious, but misdemeanor charge.

Soyars said she likes Christian personally, and, obviously, has concerns about crossing him. She has other cases in his court. But she viewed this as representative of a broader issue and unfair to her client.

“He routinely denies defendants the right to due process,” she said.

And when prosecutors raise concerns about motions to revoke, they said, there have been times Christian has ignored them.

“There have been situations where our prosecutors have been placed in positions where they are not in agreement with going forward on a motion to revoke,” District Attorney Joe Gonzales said. “And they have made the decision to not sign off on the motions, and the judge has moved on them on his own.”

Through 2018, Christian signed off on 411 motions to revoke probation, according to county data. No other court was even close. Through the first five months of this year, he had ordered 142 MTRs, again tops among his colleagues.

It would be unfair to rush to judgment, and Vásquez-Gardner said things have appeared to change since the appeals court opinion. But it is fair to wonder if the Jacobs case is representative of larger issues. Did other cases similarly lack due process? And if so, how many?

jbrodesky@express-news.net