The Commissioners Court has passed a burn ban. We have our first ticket in JP Court. The JP has been told that in some other counties the court has been offering the defendant a deferred adjudication for 90 days and the defendant must make a $100 donation to the local Volunteer Fire Department.

Is this punishment okay? Do you have any other suggestions on punishment?

Can't wait to hear what other counties are doing on this as our Sheriff gave 3 tickets for this today.

A judge cannot legally compel a defendant to make a donation as a condition of community supervison unless a statute provides authorization. An example of a proper donation would be to a CrimeStoppers organization.

If the fire department were called to the location where the burning occurred, then the judge might order restitution to be paid to the fire department. If done in this manner, it would be proper.

Haven't had to prosecute one yet, but the JP and I have been talking. Fire clean-up is one of the nastiest jobs there is - and we are thinking that requiring that as community service might be appropriate. Yes, it is likely work on private property, but there is a community benefit to hauling the dead wood from the fenceline, helping with burned residences and the like.

Another thing we have looked at is being required to perform community service at the fire station when the truck(s) return from the fire. The hour alone may be punishment. We are also considering ordering that the defendant assist in the volunteer departments' fund raisers as free labor.

Right now, deferred is not on the table. I'm not that up for a big fine, as the people we expect to break the law have more dollars than sense.

In our first burn ban plea, the JP socked him for $500.