McDougal in Charge

The Montgomery County D.A. Speaks Out On Recent Criticisms & His Bid For Re-Election

Mark Williams
The Bulletin Staff Writer

“I don’t know why this is so contentious,” says Montgomery County District Attorney Michael A. McDougal of the upcoming March 4th Republican Primary. “I just don’t get where this is coming from.”

McDougal has found himself under fire in recent days: KHOU-TV, Channel 11 in Houston, presented an unflattering report on McDougal’s office, accusing the three term district attorney of misusing confiscated drug money -- money earmarked to finance local law enforcement agencies -- to throw parties for his employees, including a recent Christmas soiree and a barbeque bash at the 2005 Montgomery County Fair.

“We did have a margarita machine out there,” says McDougal, “and, as I recall, we took first place for best margarita -- but it wasn’t paid for with drug forfeiture money. We get that money to do with it as we see fit, as long as it’s for an official purpose -- although that’s never been all that well defined.”

"It seems there are those who covet my job who will do anything to ruin the reputation that I've developed," says McDougal. "I'm being criticized because certain factions seem to think that I'm in somebody's pocket because I let them come into my door. I have half a mind to drag all our receipts and paperwork on the drug forfeiture money down to the square and let people go through it as they see fit. People should come to our office and see what we really do and how we do it.”

The loudest criticism of McDougal these days comes from Republican Primary opponent Brett Ligon -- a former member of the Montgomery County Sheriff’s Department who, shortly after his admission to law school, began working for the Harris County District Attorney's office. “There is absolutely a break in the communication between law enforcement and the district attorney’s office,” he has said at public forums.

“Someone should look into where Ligon gets his money. All of it comes from the police unions. He’s with the Houston Police Officers Union and they’re all behind him -- even up here. There are deputies who come up to me and quietly tell me that I have their support -- but that support could get them fired. Clearly, an association does not represent all of an entity's employees.”

Ligon has received endorsements from a number of law enforcement agencies’ political action committees, and, like Democratic presidential candidate Barack Obama, is running on a platform devoted to change. "Montgomery County has the slowest rate of case disposal in the entire state of Texas," Ligon has said during a heated season of candidates’ forums. "I believe I have the vision and the ability to make a change in Montgomery County."

“I don’t know where he gets his statistics or if he just makes them up,” says McDougal. "We have as fast as or higher disposal rate as Cameron, Collin, Denton and Fort Bend counties," he said. "We have less prosecutors than any of those counties and we have fewer district and county courts. We’re doing our jobs."

McDougal has weathered recent criticism regarding how slowly the wheels of justice can sometime move in Montgomery County -- but says that his office prosecutes thousands of cases a year; and with a limited number of courts, he and his prosecutors can only move cases as fast as a judge will let them. "We can push them to hear more cases, of course, but we can't go any faster than the judge. That’s not how the system works -- and despite what my opponents might say or think, I can’t see things working any differently for them."

Standing on his record, McDougal notes that he is the only board certified criminal lawyer running for the district attorney’s office and said the only way to clear backlogged cases is to hire more personnel. “Every year I ask the commissioners for more attorneys,” he says. “That is the only way the problem will ever be solved.”

McDougal is proud of the dedication he has displayed in improving the lives of residents of Montgomery County. “The D.A.’s office has filed more than three thousands cases a year -- and crime rates have decreased, in spite of a population spike. I'm the peoples' prosecutor. I am truly honored to serve. Every day, I get the chance to help someone, to change lives -- and that’s the best feeling in the world."

One of the ways that McDougal has changed lives is through Project Hope, a mission of the West Tabernacle Baptist Church in Conroe that works with the Montgomery County District Attorney's Office to give a second chance to drug offenders. The program started about four years ago when Walter Milo Sr., a member of West Tabernacle wanted to show people who had fallen into the criminal element that life has purpose. "Walter is really the facilitator of the program, but I’ve been involved in it since the beginning. Once we worked some of the kinks out of it, it’s really worked well."

One of the initial kinks is that McDougal recommended several repeat offenders for the six week, three day a week program with the best of intentions; but the repeaters went on to repeat yet again -- and McDougal found himself on the business end of criticism from local law enforcement officers. “I tried to help some people who came through the office that turned out to be some very bad guys, and some of the investigators have been mad because they haven’t been able to catch them again. Now, the program is focused on first time offenders, who are young.”

McDougal meets with the offender and, if he thinks the person is committed to making a change, he offers a place in the program. Most offenders are charged with third-degree felonies or less, such as theft and possession of controlled substances; the participants' charges are deferred but not dropped. If a participant slips up and has a second run-in with the law, then that person will face the initial charges as well as the new charges. "It's really a good deal for the kids," McDougal says. "It's a faith-based program that shows them there is another purpose for them in life. When a white kid from The Woodlands comes up to Conroe and spends time in a black church, it opens his eyes and readjusts his priorities -- and that’s a good thing."

Of the 135 offenders McDougal has recommended, 120 have graduated from the program. Although the graduates are not directly tracked, McDougal says less than 10 percent of the graduates get into legal hot water again. "It's not easy. It's up to them to use what they’re taught."

McDougal is indeed a man of faith: he and his family are members of First United Methodist Church of Conroe and he served on several of the church’s committees. “I believe that God has given me a purpose in life to help those less fortunate than me and I try my best every day to do what He would have me do,” he says. “I always like to say that I am living proof that He does have a sense of humor, but it is His direction that I choose to follow.”

McDougal is also committed to public service, involving himself in, among other organizations, the local YMCA, Montgomery County Youth Services and the United Way. “Community service, in my opinion, is the barometer for gauging an individual's dedication to those with whom and for he works. I believe that my service to Montgomery County, outside the duties of my office, has enabled me to see every issue now confronting us and has allowed me to associate with and receive input from community leaders from New Caney, Porter and Splendora, The Woodlands, Magnolia, Montgomery, Willis and Conroe; this provides perspectives that allows me to better understand the needs and demands of our community.”

On McDougal’s watch, Montgomery County is now in the midst of what he calls a “never ending” crackdown on drunk driving, with law enforcement agencies around the county keeping the closest eye ever out on our roadways, looking for and arresting those who are driving while intoxicated. During the past two New Year’s Eve, law enforcement officials were out in force in Montgomery County -- including McDougal and Sheriff Tommy Gage, who worked from the county jail to file charges against those who were arrested for a DWI. “I think the crackdown is working,” says McDougal, “This past New Year’s Eve, we booked half as many drunk drivers as last year.”

“DWIs really have been a problem,” says McDougal. “Most of my clients from when I was in private practice were DWI cases. Since being elected District Attorney, I’ve had friends who have been arrested for DWIs. And I tell them that I can’t help them. We’ve made it harder than ever to drink and drive in this county and in Texas. We have to. It’s too big and serious of a problem not to do something about it.”

McDougal initiated mandatory, court-ordered blood tests for all persons arrested for DWI who refuse to take a breath test; eventually this will become a routine part of all DWI arrests in the near future.

“In the first years after my election,” says McDougal, “I was able to help our community in establishing Children’s Safe Harbor and the Montgomery County Drug Court, both of which have greatly benefited the county’s law enforcement efforts. My office also began the collection of bond forfeitures from the bonding companies when their clients failed to appear for scheduled court appearances; to date we have collected $1,078,634, which goes directly into the general fund for Montgomery County.”

“In July 2007, my office became an operation with lawyers on duty 24 hours a day, 7 days a week, 365 days a year, to serve the growing needs of not only law enforcement, but also the citizens who rely on law enforcement for protection,” states McDougal. “Drug forfeitures also play a major role in helping to finance various law enforcement projects in Montgomery County, as well as providing funds for charitable organizations which indirectly contribute to combating crime in our county.”

For a period of two and a half years -- from January 2004 through June 2007, the Montgomery County’s District Attorney’s Office has collected over $1.1 million, taken possession of 57 vehicles, a flatbed trailer, a refrigerated trailer, a tractor, a computer, and two security systems; the head of the Sheriff's Special Investigations Unit is currently driving a Cadillac Escalade which was specifically forfeited for his benefit.

McDougal is a man with a passion for his job -- despite the contested race that is underway and the recent onslaught of criticism. “But we’ve been under the radar for so long, it’s about time we were under the microscope.”

“I simply love Montgomery County,” concludes McDougal, “and that says it all…”

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