On Wednesday, October 2, 2024, the Denton Record-Chronicle reported that Denton Municipal Judge Tyler Atkinson is contemplating recusal from cases involving Clara’s Kitchen, a local restaurant embroiled in ongoing disputes with its neighbors. The decision comes in light of a phone call from Denton City Manager Sara Hensley, which raised questions about the appropriateness of communication regarding active criminal cases before trial.
For several years, Clara’s Kitchen, owned by Manuel Gooden and Tammy Bradley, has faced criticism from residents in Southeast Denton. Concerns have been raised about safety issues, noise disturbances, and the overall impact of the restaurant’s operations on the neighborhood. Although the restaurant has not faced criminal charges, it has accumulated several citations in September, primarily related to prohibited land use during events held in August.
The situation escalated after Judge Atkinson acknowledged a conversation with Hensley concerning the forthcoming citations that Clara’s Kitchen is set to face in court later this year. Atkinson stated that he has previously recused himself from cases due to potential conflicts stemming from his administrative responsibilities as the presiding judge.
In an email to the Denton Record-Chronicle, Atkinson indicated that he would discuss the matter with both the prosecutor and the defense attorney to determine if an Associate Judge should preside over the case instead. He emphasized that the recent communications could affect the perceived impartiality of his role.
Defense attorney Richard Gladden, representing Gooden and Bradley, expressed his concerns over Hensley’s direct communication with the judge regarding an active criminal case. Gladden remarked that Hensley’s actions seemed inappropriate, noting that if she were a licensed attorney representing the city, her conduct could have led to disciplinary action for approaching the judge without the presence of opposing counsel.
Hensley chose not to comment on the situation, according to a statement from Dustin Sternbeck, the city’s chief communications officer. In his email, Judge Atkinson clarified that Hensley did not discuss specific details of the case but instead inquired about the court’s procedures, including the potential outcomes of the case, such as trial proceedings or fines.
Atkinson outlined that he informed Hensley about the prosecutor’s discretion in potentially dismissing the case or recommending a “no fee deferred” option, which would allow Clara’s owners to avoid fines if they did not incur additional citations for a period of six months.
The scrutiny surrounding Clara’s Kitchen intensified following a recent town hall meeting organized by the Southeast Denton Neighborhood Association. The meeting, which included participation from local police and City Council members, served as a platform for residents to voice their concerns about the restaurant. Issues raised included excessive noise from events and the influx of parked cars during gatherings, which many residents found disruptive.
Council member Vicki Byrd acknowledged the residents’ efforts to make their voices heard, expressing pride in their activism. She assured attendees that their concerns had been noted, stating, “The pressure is on for something to change.”
At the town hall, residents shared their apprehensions about safety, with one anonymous individual expressing fear due to the large crowds drawn to the restaurant from surrounding areas. The resident questioned why their neighborhood had to endure such disturbances while desiring a peaceful living environment.
In response to the controversy, Gladden pointed out a contradiction in Atkinson’s claims regarding Hensley’s role. He referenced a September 17 email from Hensley to Clara’s owners, which indicated that she had spoken with the judge and was coordinating with the city attorney involved in the case. Gladden interpreted Hensley’s enthusiastic tone in her correspondence as evidence of her vested interest in the matter.
As the situation develops, Gladden plans to consult with his clients to determine how they wish to proceed regarding Atkinson’s possible recusal.
Source: Denton Record-Chronicle
