BENCHMARK

In Recognition of the Honorable Judge Charles Brackin

By Sr. Agent Wayne Parker

            In August, I was subpoenaed to the Caldwell Parish Courthouse as a result of a night hunting case made by Sr. Agent David Henslee, Sr. Agent Scott Watson, and myself.  We were able to share the courtroom with Judge Charles Brackin for the first time in our careers.  The case before Judge Brackin that day included violations of hunting deer illegal hours with artificial light, hunt from public road, hunt from moving vehicle, flight, reckless operation, DWI, simple escape, and no operators license.  It was at this moment that I realized the extent of a judge's power to be the sentencing authority.  The judge can only do his best with what the prosecuting authority hands him.  Agents present in the courtroom could sense Judge Brackin's desire to become the enforcement agent's partner in final justice for wildlife violators.  The following is a tribute to Judge Charles Brackin and his notable efforts in wildlife conservation.

Judge Brackin was born in Beaumont, Texas in June of 1929.  He graduated from Lafayette High School in 1945.  He then attended The University of Southwestern Louisiana where he earned his degree in mechanical engineering.  From there he worked for Louisiana Power and Light for nineteen years taking night courses in law at the Loyola Law School in New Orleans.  In 1968 he earned his Juris Prudence Doctorate (law degree) and began working in law offices until he became the Assistant District Attorney for the sixth district in 1970.  In 1984 he was elected to District Judge and served until June of 1999, when he reached his 70^th birthday.  Judge Brackin is currently retired, but acts as interim judge by the authority of the Supreme Court. 

Judge Brackin is married to Lilla Dukes Brackin who is a retired school supervisor.  They have one daughter, Lida Brackin McGivern of West Monroe.  He and his wife live in Lake Providence and attend the First Baptist Church.  Judge Brackin remembers hunting and fishing with his father and best pal near Buras and Empire, Louisiana.  His favorite things as a young outdoorsman were duck hunting and shrimping.  Judge Brackin is a member of the Vista Hunting Club of East Carroll Parish and still enjoys hunting squirrels with his 22 rifle.  In his younger years, he enjoyed scuba diving, piloting airplanes, and other adventurous outdoor activities. 

In 1996, Judge Brackin and his family began a battle of their own.  Judge Brackin was diagnosed with cancer in his kidney and had one removed.  In 1999 doctors discovered that the cancer had infected part of his lungs and he began chemotherapy treatments at M. D. Anderson in Houston, Texas.  Judge Brackin's cancer has been in remission since September of 2000.

One of Judge Brackin's most memorable cases involved violators from West Carroll Parish running deer out of grass fields in Madison Parish.  The land was posted and the violators were trespassing.  When confronted by the landowner, they threatened him and told him to leave the area.  Agents and deputies arrived to find illegal deer killed by the violators.  Judge Brackin sentenced the violators to jail time.  After serving their time, he brought them back to court and asked, "What have you learned from this ordeal?"  They responded by stating something to the effect of, "We learned not to violate wildlife regulations and have to come before you again."  Basically they learned  

Judge Brackin is not one to tolerate landowners or agents being threatened or assaulted by violators.  Those activities usually earned time in jail.  Judge Brackin stated that he is always interested in aggravating circumstances.  Especially situations where the agent was intimidated or something was hidden from the agents.

While visiting with Judge Brackin, I realized as the sentencing authority, he has to be friendly to the defendant and the prosecutor.  The judge has to assure the violators of their rights and grant them a fair trial.  He does not, however, have to accept plea bargains where he feels like the punishment has no deterrence for the crime.  In those cases, a new plea has to be made or the judge will send the case to trial.

Thank you, Judge Brackin, for your friendship to the Louisiana Department of Wildlife and Fisheries Enforcement Division and your efforts to conserve the resources of the state.  I hope we can continue to work together to encourage sportsman to enjoy those resources without abusing the laws that protect them.

In August, Sr. Agents David Henslee, Scott Watson, and Wayne Parker were subpoenaed to the Caldwell Parish Courthouse in Columbia as witnesses to an illegal hours hunting case.  Judge Charles Brackin was serving the bench for an absent judge.  These agents were ready to see the hammer fall on a disrespectful violator who had been charged with hunting deer illegal hours with artificial light, hunt from public road, hunt from moving vehicle, flight, reckless operation, DWI, simple escape, and no operators license.  The operator of the vehicle fled after wrecking his girlfriend's Camaro and then was taken into custody only to escape while in handcuffs.  During his flight from agents and officers, he kidnapped a resident of the area and had them drive him to a nearby travel trailer.  After being tipped off, agents located him at the travel trailer where he attempted to flee once again.  This subject had no respect for the agents involved and showed the same lack of respect in court by "smarting off" to the judge.  This subject was also on probation for prior drug related offenses.  However, the case was plead down to hunt from moving vehicle and hunt from public road with no driver's license.  All other charges were dropped with no probation violations.  Judge Brackin looked in confusion at the Assistant District Attorney and asked, "Are you sure you want to plead to this extent?"  The "ADA" simply replied that they were satisfied with the plea agreement.  Judge Brackin ordered the maximum fine of $250 per charge but could not issue any jail time.  Judge Brackin did however order the witness fees to be paid on a per charge basis increasing the subject's fines by $375.

During an interview with Judge Brackin, he expressed that as the sentencing authority he can only render decisions on charges brought before him by the prosecuting authority (district attorney).  He can order the forfeiture of all seized items and multiply the witness fee by the number of charges.  The judge can also refuse to accept the plea bargain between the prosecutor and the defense.  This would force the charges to be negotiated or be sent to trail.

Agents struggle with gross violators receiving little or no punishment for their violations.  Making demands to the District Attorney and his office is not the answer.  Meet the District Attorney and let him put a face with your name.  Visit with his office regularly or when you have questions.  Getting to know you as an agent may help the District Attorney's Office become more accountable to you as an agent or sympathetic to wildlife cases.