Retired judge avoids jail time

Retired Sutter County Judge Timothy J. Evans' second drunken driving sentence is the same as the first — doing pro bono legal work instead of occupying a jail cell.

Evans, 65, reported as ordered Friday to the Sutter County Jail and signed up for a work-release program. He must work eight eight-hour days for the California Rural Legal Assistance office in Marysville and will spend nights at home, not at the jail, said Sheriff J. Paul Parker.

A judge sentenced Evans to 12 days. Serving two-thirds of the sentence, or eight days, is standard practice, Parker said.

After his first DUI conviction in 2006, Evans worked four days for the same office.

Parker said Evans is getting the same treatment as anyone else sentenced to fewer than 25 days, provided the sentence is not for a violent or sexual offense.

Evans was not eligible for manual labor because of a health condition that prohibits him from doing strenuous or hot work, according to Parker, who said a federal health privacy law prohibited him from disclosing the condition.

In August, 57 inmates worked a total of 1,760 hours in the work release program. Some, like Evans, were judged unfit for manual labor, the sheriff said.

"Some are so bad they're put on a home detention" and fitted with an electronic bracelet, he said.

Evans paid a $50 administrative fee to participate in the program and must pay $13 for each day worked, Parker said.

Evans' blood alcohol content was 0.23 or 0.24 — three times the legal limit — after the California Highway Patrol pulled him over July 14 on Highway 20 in west Yuba City.

Evans' BAC was 0.22 after he was arrested Nov. 6, 2006, in the parking lot of the Red Robin restaurant in Yuba City.