Judges must balance compassion and punishment in determining whether to ‘furlough’ an inmate

Candice Amyx

District court judges are in a position of power.

They decide whether a suspect goes to trial. They decide how long a convicted criminal should spend behind bars. They decide whether a defendant can leave jail on bond.

And, in extremely rare situations, a compassionate judge can let a convicted felon out of jail for a holiday — without bond.

That’s the risk Douglas County Judge Jack Murphy took recently, when he ordered jail inmate Candice Amyx released from custody for Christmas Day. Just for Christmas Day.

Amyx never returned and there’s a warrant out for her arrest.

“You’re dealing with people,” Murphy said, when asked about his decision during an interview in his chambers on Thursday. “You’re trying to do what’s best for them, plus the community.”

Furloughs, or temporary release orders, are granted for numerous reasons, said Robert Fairchild, chief Douglas County district court judge, including so an inmate can visit a hospitalized family member or attend a funeral.

“It’s really not very often that we do that, but we can,” said Fairchild, who added that inmates often are escorted by sheriff’s deputies while on furlough.

In the case of Amyx, Murphy ordered her release — unescorted — between 8 a.m. and 8 p.m. Christmas Day so she could spend time with her family.

Amyx, 43, had been in jail, awaiting sentencing next week on multiple counts of forgery and theft.

“This may be the last time she will be able to visit with her family outside of a prison setting for some period of time,” Murphy said in his temporary release order.

Murphy, who retires Monday — the same day Amyx’s sentencing is scheduled — said he had granted a similar furlough only three or four times in his 15 years on the bench. This is the second time a defendant didn’t return.

“We had many letters in this case from children that wanted mom home for Christmas,” Murphy said of his decision to release Amyx. “That was taken into account.”

Fairchild said whether to release prisoners is a balancing act. Judges must weigh several factors when granting a furlough, including the risk to the community, whether the prisoner will show back up and the reason for the release.

“Sometimes we’ll trust someone and our trust gets violated,” he said. “It’s happened to all of us at some point.”

For Amyx, the former sister-in-law of Lawrence city commissioner Mike Amyx, it wasn’t the first time Murphy extended the favor. She was released for her son’s graduation in 2005 and multiple times for work release, according to court documents.

Amyx has no history in Kansas of violent crimes

When located, she’ll likely receive a lengthier sentence than she would have initially, Fairchild said.

“I’d like to see her back,” said Murphy.