A judge may stand in the way of a state plan to transfer mental patients who were charged with serious crimes to private care. The state Department of Human Services has decided not to renew its three million dollar contract with the company that runs the Arkansas Partnership Program. The change would mean that 39 patients who were acquitted of serious crimes because they are mentally ill would move to a private facility or outpatient care. The contract expires June 30th. The state gave notice two weeks ago. Circuit Judge Mary S. McGowan of Little Rock says the lack of notice shows an indifference to the program. McGowan says she has jurisdiction over a majority of the 39 patients in the program. In an interview, she said she would be reluctant to authorize the transfers without substantial assurances of public safety.