This isn't really local criminal news, or for that matter Texas criminal news, but it's worth repeating all the same. Among the many elections across the country last night for State and Federal representatives were a few interesting laws in Colorado, Oregon, Washington, and the City of Detroit.
Last night, Colorado became a clear leader in the effort to end prohibition of marijuana with Amendment 64. As Huffington Post points out, Amendment 64 creates a full regulatory scheme for the production and sale of marijuana and ends the criminal consequences for individuals who possess at least small quantities of marijuana. Of course, this is entirely in conflict with federal law, and the current administration may have something to say about it given their stance with medical marijuana dispensaries in California as noted here. Still, the voters of the state have chosen to receive tax dollars regulating marijuana rather than spend them prosecuting its possession.
Washington also made a move in this direction last night, with the passage of Initiative 502, which decriminalizes marijuana possession under an ounce. Again, I502 sets up a regulatory system so the state can actually make some money instead of spending, and it that state actually set up specific laws related to DWI or DUI of marijuana. KVAL of Eugene discusses some of the specifics. Most important, perhaps, is that it only stops arrest for possession under an ounce, but doesn't stop home growing, public display, or public use. Again, it still has federal law to deal with, but the KVAL article suggests the state could make as much as $2 billion over a five year period from the legislation.
Oregon Measure 80 failed 55-45 according to Oregon Live. That measure would have again allowed for legalization, taxation, and regulation. However, according to the Register-Guard, proponents plan to get the measure before their state legislature in 2013, and if that fails get it back on the ballot with a better funded campaign next time around.
Finally, in the City of Detroit Prop M was on the ballot. Prop M raised even more concerns that the other above laws that conflict with current federal law because Prop M also conflicts with state law in Michigan. Essentially, Prop M says that any over the age of 21 in possession of up to an ounce of marijuana in the City of Detroit won't get prosecuted, according to the Michigan Chronicle. You can bet Detroit PD had a fit over that idea, as the city ordinance wouldn't change state law or federal law, it would just tell them they cannot enforce it. The Proposition passed easily in Detroit, so we have to keep an eye out for what happens next.
These are all interesting movements. I'm not a supporter of marijuana usage, but I've often questioned the legitimacy of legalizing alcohol but not marijuana given some of the arguments made regarding which is more dangerous. I know that the decriminalization or legalization of marijuana under Texas law would hurt me financially, more so in a small county like Hood County than in a county like Tarrant County, but it might also better fund public systems like the courts. At least in some states, popular opinion is changing, and its a question as to whether Texas will ever follow.
Wednesday, November 7, 2012
Texas Legislative Filing Opens Monday
For those who are interested, the 83rd Session of the Texas Legislature begins on Tuesday, January 8, 2013 at noon. Pre-filing of bills for the session begins this Monday, November 12, 2012. For a complete list of important dates, check here. After last night's elections, the status quo is not much different in Texas politics, but the every other year meeting of the legislature is always something important to watch.
Tuesday, November 6, 2012
Some Early Criminal Justice Election Results
Having now voted, behind a reasonably healthy line, here in Johnson County, I thought it might be prudent to throw out some early results. That title, however, is somewhat misleading. These are actually those candidates that are part of the criminal justice system here in Tarrant, Johnson, Hood, and Parker Counties that are unopposed. That does, of course, include some appellate court news, but I'm going to stay away from the Supreme Court of Texas for now.
In Tarrant County, Judge George Gallagher of the 396th District Court, Judge Wayne Salvant of Criminal District Court 2, Judge Louis Sturns of the 213th District Court, and Sergio De Leon on Justice of the Peace #5 are all unopposed. Obviously all but the latter are district courts that handle only criminal cases in Tarrant County, but the latter is included as a court of general jurisdiction. The Second Court of Appeals will also not be seeing any changes, as Chief Justice Terrie Livingston and Justices Lee Ann Dauphinot, Sue Walker, and Bob McCoy are all unopposed. On that note, it's good to see Dauphinot, perhaps the most knowledgable of the group in criminal cases, return to the bench.
In Johnson County, it appears that system, whatever you may think of it, will remain unchanged as well. Sheriff Bob Alford, Judge John Neil of the 18th District Court, Judge Bill Bosworth of the 413th District Court, District Attorney Dale Hanna, and County Attorney Bill Moore are all unopposed. Also Unopposed for Johnson County is the Chief Justice for the 10th Court of Appeals, Tom Gray. For those that are unfamiliar, of the counties I generally talk about, Johnson is the only county covered by the 10th Court of Appeals. Tarrant, Hood, and Parker County cases are all reviewed by the 2nd Court of Appeals in Fort Worth.
Parker County will also not be seeing many changes. Sheriff Larry Fowler is unopposed, as is County Attorney John Forrest, District Attorney Don Schnebly, County Court at Law Judge Ben Akers, and 413th District Judge Graham Quisenberry. Judge Trey Loftin of the 43rd District Court, appointed by Governor Rick Perry in 2010 to fill a mighty big chair (replacing Judge Don Chrestman), lost in the primary election to Craig Towson, who now runs unopposed as the new judge of the 43rd District Court.
Last, but certainly not least, for local elections is Hood County, where District Attorney Rob Christian, Sheriff Roger Deeds, and Justice of the Peace #4 Judge Danny Tuggle all run unopposed. Also without opposition is the new County Attorney, Lori Kaspar, who will replace the retiring Kelton Conner. Unlike all the other counties above, there is one county seat in Granbury that involves the criminal justice system and is up for grabs, but it belongs to a Justice of the Peace race. Hood County has created a new JP Court, splitting JP1 and JP2 into separate courts, and the race is on for JP1. However, the race is Republican vs. Democrat in a historically very Republican county.
On a final note, there are three contested seats on the Texas Court of Criminal Appeals, the highest criminal court in the state, this time around. While two of those races see incumbents facing challenges by Libertarian candidates, those being Barbara Hervey vs. Mark Bennet and Elsa Alcala vs. William Strange, one is a hotly contested race-- the race for Presiding Judge. Ever controversial Judge Sharon Keller has a serious challenge from Keith Hampton, a defense attorney I know and respect very much. There is also a Libertarian candidate, Lance Stott, but this case is very much a two person heat. I commend you all to the following:
Update-- as of 9:42, early results have Presiding Judge Keller retaining her seat, along with Judge Hervey and Judge Alcala. Keep an eye on statewide results here at the Secretary of State Website.
Monday, November 5, 2012
Police Distracted Driving and the Arlington Mayor's Denial
Last night, NBC 5 here in DFW ran a story on so called "distracted driving" and the Arlington Police Department. Check out that story here. After watching the story, I chose to give Arlington Mayor Robert Cluck the benefit of the doubt. By that, I mean the story made clear that he either a) doesn't have a clue what's going on in the Arlington Police Department; b) is a fool who believes anything he is told; or c) is an absolute liar. I chose to give the benefit of the doubt and believe that he is out of the loop and unaware of all things that occur in the department.
I say these things not because I have any ill will toward the man-- I don't have any problem with the mayor personally. But his statements that Arlington Police Department are better trained, above all others, and that officers playing with their computers causing accidents may be a problem in other cities, but not Arlington, is absurd. Arlington PD is not above and beyond all other departments in the area, and comes complete with its own share of problems. Mayor Cluck is demonstrating what could easily become a top down failure to accept responsibility for failure and error.
The investigation done by Scott Friedman, @NBCDFWScott, began over the summer, but the Arlington police chief refused to speak with him at that time, so he got Cluck. Cluck claimed that Arlington PD was above the fray and they had only 3 accidents over 2-3 years related to the use of in car computers while driving. An open records request revealed that, if you believe Cluck, the PD gave him the wrong number, and they in fact had 18 such accidents over 3 years, all of which they described as minor. My suggestion, however, is that the word "minor" is word play used by the city to downplay the reality of what these folks did. The videos obtained by the news station show some nicely damaged police cars and officers driving into on coming traffic, causing minor injuries, running through dead end road barricades, and hitting cars with kids on board. Not really anything minor about it, even if your define a minor accident as one without injury or transport to a hospital.
The most interesting thing to come out of this story is the hypocrisy of it all. Arlington, as NBC notes, is one of the strongest in the state for anti-cell phone use while driving. They fight about citizens emailing or texting while driving, but Cluck is more than okay with his officers flying around town playing on the computer and causing accidents. It's ludicrous. BTW, this is not a new concept to me. Having worked in a police dispatch office long before law school, I can tell you that this problem is one that has been ongoing since at least the time of the small Mobile Data Terminals, or MDT's, that had the little screens and did little more than give an officer an address of a call and a few characters of what was going happening.
Cluck implies that Arlington Police can do this because, unlike the general public, they are "trained" to do this. We know now that at least an average of 6 times a year, those well trained officers put the public's lives in danger, not because of a pursuit or because of urgent police business, but because they like to type and drive. This is the double standard the public finds hard to swallow when cities like Arlington want to force new, money making ordinances and violations into place, and this lack of accountability is why many people just do not trust the police.
I say these things not because I have any ill will toward the man-- I don't have any problem with the mayor personally. But his statements that Arlington Police Department are better trained, above all others, and that officers playing with their computers causing accidents may be a problem in other cities, but not Arlington, is absurd. Arlington PD is not above and beyond all other departments in the area, and comes complete with its own share of problems. Mayor Cluck is demonstrating what could easily become a top down failure to accept responsibility for failure and error.
The investigation done by Scott Friedman, @NBCDFWScott, began over the summer, but the Arlington police chief refused to speak with him at that time, so he got Cluck. Cluck claimed that Arlington PD was above the fray and they had only 3 accidents over 2-3 years related to the use of in car computers while driving. An open records request revealed that, if you believe Cluck, the PD gave him the wrong number, and they in fact had 18 such accidents over 3 years, all of which they described as minor. My suggestion, however, is that the word "minor" is word play used by the city to downplay the reality of what these folks did. The videos obtained by the news station show some nicely damaged police cars and officers driving into on coming traffic, causing minor injuries, running through dead end road barricades, and hitting cars with kids on board. Not really anything minor about it, even if your define a minor accident as one without injury or transport to a hospital.
The most interesting thing to come out of this story is the hypocrisy of it all. Arlington, as NBC notes, is one of the strongest in the state for anti-cell phone use while driving. They fight about citizens emailing or texting while driving, but Cluck is more than okay with his officers flying around town playing on the computer and causing accidents. It's ludicrous. BTW, this is not a new concept to me. Having worked in a police dispatch office long before law school, I can tell you that this problem is one that has been ongoing since at least the time of the small Mobile Data Terminals, or MDT's, that had the little screens and did little more than give an officer an address of a call and a few characters of what was going happening.
Cluck implies that Arlington Police can do this because, unlike the general public, they are "trained" to do this. We know now that at least an average of 6 times a year, those well trained officers put the public's lives in danger, not because of a pursuit or because of urgent police business, but because they like to type and drive. This is the double standard the public finds hard to swallow when cities like Arlington want to force new, money making ordinances and violations into place, and this lack of accountability is why many people just do not trust the police.
Thursday, November 11, 2010
Parker County District Judge Retires
Word hit this week that Judge Don Chrestman of the 43rd Judicial District in Parker County will retire come December 31. Chrestman has been on the bench since 2000. See the Star Telegram Coverage and the Weatherford Democrat Coverage on his retirement. No word yet, at least not publicly, on who will be appointed to fill the remainder of his two year term.
Jeff Swain of the District Attorney's Office had some positive comments to say about the Judge, and I'd have to agree with him. The times I've appeared in Chrestman's court, he's been fair, heard both sides of the argument, and made a reasonable legal decision. I know stories get tossed around about judges that side with prosecutors or, as some defense attorneys say, "sit second chair for the state on every case." IMHO, Chrestman has never shown me that he is one of those types. Parker County is losing a good judge.
Jeff Swain of the District Attorney's Office had some positive comments to say about the Judge, and I'd have to agree with him. The times I've appeared in Chrestman's court, he's been fair, heard both sides of the argument, and made a reasonable legal decision. I know stories get tossed around about judges that side with prosecutors or, as some defense attorneys say, "sit second chair for the state on every case." IMHO, Chrestman has never shown me that he is one of those types. Parker County is losing a good judge.
Remembering Our Veterans
It may not seem like a criminal justice topic to some, but today is Veterans Day and I think it hugely important to remember what this day is about. I know that I would not be able to write this blog if it were not for the courage and sacrifice of those who have fought, who have sacrificed, and who have died to give me the option. Our criminal justice system is what it is because a group of men fought for it to be so. I'm sorry, men and women, who have fought from the beginning to make this country what it is. With that in mind, I think it important that we all take a minute to understand the history—our history—of this day and our veterans.
First, let me say Happy Birthday to the United States Marine Corps, which turned 235 years old yesterday, November 10, 2010. The service was founded in 1775, but it wasn't until November 1921 that Maj. Gen. John A. Lejeune issued Marine Corps Order No. 47 (Series 1921), an anniversary proclamation to be read to the command on November 10 every year. I've heard it said "once a Marine, always a Marine." To all those who are United States Marines, semper fi.
When my father was young, Veterans Day was actually Armistice Day. World War I ended hostilities with an armistice on the 11th hour of the 11th day of the 11th month in 1918. Though not the official end of the war, which would come by treaty in June 1919, many regard November 11 as the "end of the war to end all wars." President Wilson proclaimed the first commemoration of Armistice Day in 1919, and in June of 1926 the United States Congress passed a concurrent resolution stating the day "marked the cessation of the most destructive, sanguinary, and far reaching war in human annals and the resumption by the people of the United States of peaceful relations with other nations." In May 1938, the day became an official holiday.
In 1954, after World War II (the greatest mobilization of fighting men and women in American history) and fighting in Korea, the day was changed to Veterans Day. In 1968, Congress, in an effort to establish the holiday as a three day weekend, moved the holiday to the fourth Monday in October, which did not go over well. In 1975, Congress returned celebration of Veterans Day to November 11, which took effect in 1978.
I hope you all will take the opportunity today to remember why we have the freedoms that we do, and we are able to criticize and attempt to improve our system of justice. Even in a time when you may or may not agree with the politics of a conflict, I hope you will support those who give their body and soul on behalf of their country. From those that pledged their lives in 1775 and up to today, they deserve our honor and respect.
The information above is chiefly obtained from:
U.S. Army Center of Military History
Military.com
Patriotism.org
Office of Public and Intergovernmental Affairs
Marines.coms
Wednesday Bill Proposals
Only 13 bills submitted yesterday, and of those two are criminal bills that we've seen before.
HB 243 is a companion bill to SB 46 which would create a new offense for using a cell phone while driving. As many different versions of cell phone bills as we've seen thus far, it's hard to imagine that something won't come out of this legislative session regarding the use of cell phones while driving.
SB 203 is yet another version of a bill to modify the way burglary of a motor vehicle cases are handled. This version would not make BMV an automatic felony again, as other versions I've discussed would, but it would increase the enhancement. Under this version of the bill, a single prior conviction for burglary motor vehicle would make the offense a state jail felony. As it stands now, a prior BMV conviction makes a new offense an enhanced misdemeanor, and two prior convictions is a state jail felony.
Don't expect much to come in today, being Veteran's Day. So far I haven't seen some of the major discovery bills or other changes we have expected either.
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