Montgomery JP Race: Prayer Policy & Death Inquest

**Montgomery County JP Race Intensifies Over Courtroom Prayer, Death Inquest Ahead of Primary**

CONROE, TX – The race for Justice of the Peace, Precinct 1, Place 1 in Montgomery County is reaching a fever pitch as the March 5th Republican primary election approaches, with incumbent Judge Wayne Mack facing formidable challenges from Stephen Hardman and local attorney Robert S. Bates Jr. Central to the contentious campaign are Judge Mack’s long-standing courtroom prayer policy and his handling of a specific death inquest, both of which have drawn significant scrutiny and legal challenges.

**Courtroom Prayer Policy: A Decade of Controversy**

Since 2014, Judge Mack has allowed volunteer clergy to lead optional, invocational prayers before court sessions in his Conroe courtroom. This practice has positioned Mack at the forefront of a national debate on the separation of church and state, earning both staunch support from some community members and strong condemnation from civil liberties groups.

The Freedom From Religion Foundation (FFRF) and Americans United for Separation of Church and State (AU) filed a federal civil rights lawsuit, arguing the policy violated the First Amendment’s Establishment Clause by endorsing religion in a government setting. While a district court initially dismissed the suit, the U.S. 5th Circuit Court of Appeals affirmed that dismissal in January 2024, citing the plaintiffs lacked standing to bring the suit, rather than ruling on the constitutionality of the policy itself. The U.S. Supreme Court further declined to hear the case in October 2023, effectively ending that specific legal challenge but leaving the underlying public debate, and the policy, intact.

Judge Mack has consistently defended his policy, stating it is a voluntary invocation that respects the community’s values and does not compel participation. “My prayer policy is a testament to the principles of faith and community that many in Montgomery County hold dear,” Judge Mack stated in a recent public forum. “It is an optional, non-denominational moment of reflection, fully within the bounds of the First Amendment’s protection of religious freedom, as numerous legal opinions have affirmed.”

Challengers, however, argue that even an optional prayer in a courtroom setting can be coercive for those seeking justice and represents an inappropriate blurring of church and state. “A courtroom must be a neutral ground where everyone, regardless of their beliefs, feels they will receive impartial justice,” said Robert S. Bates Jr. “The appearance of judicial endorsement of any religion undermines public trust and the sanctity of the legal process.”

**The Hardman Inquest: Allegations of Transparency Lapses**

The other significant issue dominating the campaign stems from the February 2022 death of Kevin Hardman, the son of challenger Stephen Hardman, in the Montgomery County jail. Judge Mack presided over the inquest into Kevin Hardman’s death, a process designed to determine the cause and manner of death, especially when it occurs under unusual circumstances or in custody.

The Hardman family, through Stephen Hardman’s campaign, alleges a profound lack of transparency and an inadequate investigation into Kevin’s death. They have filed a civil rights lawsuit in November 2023 against county officials—though not naming Judge Mack directly in that specific suit—alleging failures in care and oversight that led to his death.

Furthermore, Stephen Hardman has filed an ethics complaint against Judge Mack with the Texas State Commission on Judicial Conduct, questioning his impartiality during the inquest and his communication with the grieving family. “When a family loses a loved one in custody, they deserve absolute transparency and a thorough, unbiased investigation,” Stephen Hardman stated. “My experience showed me that the current system falls short, leaving families with more questions than answers and a profound sense of injustice. We need a Justice of the Peace who will prioritize accountability and compassion.”

Judge Mack has vigorously defended his conduct during the inquest. “My role in any death inquest is to follow proper legal procedure, gather all available evidence, and make findings based on the facts presented,” Judge Mack said. “I handled the Hardman inquest, like all others, with the utmost respect for legal protocol and the families involved, even under difficult and tragic circumstances.”

**Candidates’ Platforms and the Road Ahead**

Both Stephen Hardman and Robert Bates Jr. have made these issues central to their campaigns, promising reforms to judicial transparency, a renewed focus on judicial ethics, and a different approach to the Justice of the Peace office. Bates, with his background as a local attorney, emphasizes upholding the highest ethical standards and ensuring fairness for all residents. Hardman focuses on ensuring that no other family endures the lack of transparency he alleges his family faced.

Judge Mack, campaigning on his decade of experience, highlights his commitment to the community and his track record, defending his actions as constitutional and procedurally sound. He points to his role in handling a wide range of local legal matters, from small claims to truancy and evictions, and his involvement in community initiatives.

The Justice of the Peace court in Texas handles a variety of cases, including civil matters up to $20,000, truancy cases, landlord-tenant disputes, and crucial death inquests. It serves as an accessible entry point to the judicial system for many residents.

With the March 5th primary fast approaching, voters in Precinct 1 will weigh these significant controversies alongside the candidates’ broader visions for the office. Should no candidate secure more than 50% of the vote in the primary, a runoff election between the top two contenders will take place on May 28th, potentially prolonging this heated contest. The outcome will undoubtedly shape the future of local justice in Montgomery County.