Earlier on Thursday, I attended a get-together for American Gateways, a nonprofit that provides free and low-cost services for immigrants. The organization operates out of Austin, with a growing San Antonio presence working out of the St. Mary's Center for Legal and Social Justice, and it recently changed its name from the Political Asylum Project of Austin.
Props to International Bank of Commerce, which hosted the event at its downtown location and provides teleconferencing facilities for the Austin and San Antonio branches. I met a lot of nice folks who work in the immigration field at this function, and I hope to hear more from this group in the future.
Thursday, February 26, 2009
Law Journal Editor Named
Speaking of St. Mary's, I heard the St. Mary's Law Journal named their editorial board for the next school year. I don't have it confirmed yet, so I won't post a link or mention any names, but congratulations to the new editors.
Congrats, Bar Takers!
To everyone who endured the February Texas Bar Exam, congratulations on getting through that three-day exercise in masochism.
Some folks from SAYLA and from St. Mary's law school showed up Thursday night at the Silo on Austin Highway to socialize, and later on in the evening a few bar takers showed up. Interestingly, one person who took the exam at Alzafar Shrine here in San Antonio said that candidates were sweating because it was so hot. Of course, when we took the test last July, we were shivering because the air conditioning was so cold.
Anyway, I was able to buy beers for a couple of bar candidates, who have the hard part behind them--except for that three-month wait for results. Again, way to go, folks.
Some folks from SAYLA and from St. Mary's law school showed up Thursday night at the Silo on Austin Highway to socialize, and later on in the evening a few bar takers showed up. Interestingly, one person who took the exam at Alzafar Shrine here in San Antonio said that candidates were sweating because it was so hot. Of course, when we took the test last July, we were shivering because the air conditioning was so cold.
Anyway, I was able to buy beers for a couple of bar candidates, who have the hard part behind them--except for that three-month wait for results. Again, way to go, folks.
Wednesday, February 25, 2009
"Slaps on the Wrist"
Yesterday the Express-News published a letter from San Antonio attorney Edgar W. Bridges (scroll down to the second from the bottom) mentioning a February 12 article on the Diana Minella ticket mess, and calling for the State Bar of Texas to do more than administer "slaps on the wrist" to attorneys who violate the state's rules of professional conduct for lawyers:
The lack of rigorous enforcement by the State Bar results in the public painting the honest attorneys with the same brush as the dishonest ones — we're all guilty.Does the State Bar go easy on its own when it comes to discipline? Every month, the Texas Bar Journal publishes the sanctions that lawyers receive for rules violations. Are the sanctions too light, or too harsh, or do they fit the crime?
Tuesday, February 24, 2009
Extreme Family Law Makeover
The Family Law Section of the San Antonio Bar Association is holding the seventh annual Extreme Family Law Makeover: Going through the Big D (and we don't mean Dallas) on Friday at The Bright Shawl near downtown.
The event will provide continuing legal education credits for talks on case law updates, ethics, temporary orders, adoption, real estate, child support, mediation, and more.
I just spoke with the paralegal for one of the organizers, and she told me there are still a few spaces left--probably less than 15 by now. She recommended that those interested in attending hand deliver their check and registration form, or fax the form and include their credit card info. Contact information is on the first page of this fax.
The event will provide continuing legal education credits for talks on case law updates, ethics, temporary orders, adoption, real estate, child support, mediation, and more.
I just spoke with the paralegal for one of the organizers, and she told me there are still a few spaces left--probably less than 15 by now. She recommended that those interested in attending hand deliver their check and registration form, or fax the form and include their credit card info. Contact information is on the first page of this fax.
Monday, February 23, 2009
SAYLA and Bar Takers
Having so recently been through the experience themselves, members of the San Antonio Young Lawyers Association will be on hand Thursday evening to comiserate with those candidates who just finished taking the February Texas Bar Exam.
The Meeting and Greeting will take place at the Silo Restaurant and Bar on Austin Highway from 6:30 to 9:30 p.m. Thursday.
For SAYLA members, the Meeting and Greeting will serve as a forum to network and reminisce. For bar takers, it's a chance to unwind after a three-day exam and maybe have a sympathetic listener buy you a drink.
See you there!
The Meeting and Greeting will take place at the Silo Restaurant and Bar on Austin Highway from 6:30 to 9:30 p.m. Thursday.
For SAYLA members, the Meeting and Greeting will serve as a forum to network and reminisce. For bar takers, it's a chance to unwind after a three-day exam and maybe have a sympathetic listener buy you a drink.
See you there!
Sunday, February 22, 2009
Busy Times in Criminal Court
Things are about to get hectic in Bexar County district criminal courts as judges try to resolve thousands of pending felony cases, the Express-News reports:
Beginning March 2, and for the following three weeks, nearly 3,000 felony cases ranging from allegations of welfare fraud to capital murder will be called into their courts of origin, and defendants will be given a final chance to plead or otherwise reach a resolution.Why all the rush? The folks at the courthouse want to start using a new system to manage felony cases, but they have to take care of the current backlog first.
The remaining cases will go to trial in any given court at some point between March 23 and April 17 — a four-week period in which all district courts will suspend their regular trial dockets and work to purge the most stubborn cases. Inspired by a similar effort in Tarrant County, Judge Raymond Angelini of the 187th Judicial District Court said he's cautiously optimistic.
Friday, February 20, 2009
Judge Lamberth's Speech to the San Antonio Bar
I received an email noting that many of District of Columbia Chief Judge Royce Lamberth's friends in Washington are interested in what he had to say to the San Antonio Bar Association at Thursday's luncheon.
I did not take notes during the speech, but here (paraphrased) are a few things I recall Judge Lamberth mentioning:
I did not take notes during the speech, but here (paraphrased) are a few things I recall Judge Lamberth mentioning:
- On the morning of Sept. 11, 2001, he was in the middle of a trial, but had recessed that morning for a dental appointment. He was on the freeway next to the Pentagon when the plane hit, and smoke from the crash blocked the road.
- The U.S. Marshals could not get to him to escort him to his chambers, so he granted several warrants over his cell phone while in his car. The FBI finally reached him to escort him to his destination.
- After the terrorist attacks, he did not get another good night's sleep until March, when the U.S. captured al Qaida's No. 3 man.
- He disagrees with the idea that the Foreign Intelligence Surveillance Court was a "rubber stamp" for the government. He said while he was on the court, he took care to make sure that people's rights were protected.
- After the Foreign Intelligence Suveillance Court ruled against the Bush Administration in 2002, the case was appealed to the Foreign Intelligence Suveillance Court of Review--the first appeal in the more than two decades of the surveillance court's existence--which struck down the ruling. Judge Lambreth said the review court concluded that the surveillance court and previous attorneys general had been doing it wrong for all those years.
- During the Robert Hanssen spy case, the judge met regularly with Attorney General Janet Reno and FBI director Louis Freeh. There were some 300 agents working the case, and the judge, AG, and director were the only three people connected with the investigation who did not take weekly polygraph tests.
- In the first months of the Clinton administration, he found that because Hillary Clinton was not a federal employee, her health care task force meetings should be made public. The D.C. circuit overturned him, holding that she was the "functional equivalent" of a federal employee, but the judge told us he thinks "you either are a federal employee or you're not."
- During that controversy, he attended a function for federal judges at the White House. When he introduced himself to Bill Clinton, the president replied, "Oh, I know who you are."
Thursday, February 19, 2009
Commission on Judicial Conduct Begins Proceedings on Keller
It looks like the State Commission on Judicial Conduct has issued a notice of formal proceedings against Criminal Court of Appeals Presiding Judge Sharon Keller for disregarding execution day procedures in the Michael Richard case. Keller is already the target of an impeachment effort by a Texas House Democrat.
EDIT: The Notice of Formal Proceedings is available online here and here.
The notice contains five charges, including "willful or persistent conduct that is clearly inconsistent with the proper performance of her duties as Presiding Judge" [Charge I and Charge III]; "that casts public discredit on the judiciary" [Charge II and Charge IV]; and "incompetence in the performance of duties of office" [Charge V].
The charges mention violation of the standards set forth in Article 1, Section 13 of the Texas Constitution; Article 5, Section 1-a(6)A of the Texas Constitution; Canon 2A of the Texas Code of Judicial Conduct; and Canon 3B(8) of the Texas Code of Judicial Conduct.
Via commenter and public document uploader Scott Cobb in this comments thread on Grits for Breakfast.
ADDENDUM: The Austin American-Statesman coverage mentions that Keller's lawyer is Chip Babcock of Dallas. I wonder if he's this Chip Babcock--named one of Texas' "Top-Notch Lawyers" and Oprah's attorney.
Also, the Associated Press coverage quotes Texas Civil Rights Project director Jim Harrington: "I'm impressed that the people on this commission took it serious enough, they decided even if you're the presiding judge of the highest criminal court in the state that you're still subjected to justice."
So how will this get handled? Again, from the AP, noting that it could take 18 months:
EDIT: The Notice of Formal Proceedings is available online here and here.
The notice contains five charges, including "willful or persistent conduct that is clearly inconsistent with the proper performance of her duties as Presiding Judge" [Charge I and Charge III]; "that casts public discredit on the judiciary" [Charge II and Charge IV]; and "incompetence in the performance of duties of office" [Charge V].
The charges mention violation of the standards set forth in Article 1, Section 13 of the Texas Constitution; Article 5, Section 1-a(6)A of the Texas Constitution; Canon 2A of the Texas Code of Judicial Conduct; and Canon 3B(8) of the Texas Code of Judicial Conduct.
Via commenter and public document uploader Scott Cobb in this comments thread on Grits for Breakfast.
ADDENDUM: The Austin American-Statesman coverage mentions that Keller's lawyer is Chip Babcock of Dallas. I wonder if he's this Chip Babcock--named one of Texas' "Top-Notch Lawyers" and Oprah's attorney.
Also, the Associated Press coverage quotes Texas Civil Rights Project director Jim Harrington: "I'm impressed that the people on this commission took it serious enough, they decided even if you're the presiding judge of the highest criminal court in the state that you're still subjected to justice."
So how will this get handled? Again, from the AP, noting that it could take 18 months:
Seana Willing, executive director of the judicial conduct commission, said the Texas Supreme Court will appoint a special master — a sitting or retired district or appeals judge — to hear the matter, which will be conducted like a trial. Keller has the right to a lawyer, to confront her accusser, introduce evidence and cross-examine witnesses.
After the proceedings, the commission may adopt, change or reject the special master's findings. The panel could decide to clear Keller of the charges, issue a public censure or recommend she be removed from the bench.
The action to remove Keller would be up to a special tribunal appointed by the Supreme Court. If ordered to leave the bench, Keller could appeal to the Supreme Court.
People's Law School
The People's Law School will take place this Saturday at St. Mary's University School of Law. The San Antonio Bar Foundation has been teaming up with the law school to hold a free one-day seminar on general-interest legal topics. Local attorneys will discuss legal issues such as living wills, Social Security Disability, guardinship, immigration, and bankruptcy.
This event is open to the public. Registration begins at 8 a.m. at the law school, and classes run from 9 a.m. to 1 p.m.
This event is open to the public. Registration begins at 8 a.m. at the law school, and classes run from 9 a.m. to 1 p.m.
What Lawyers Do
Colleague and co-blogger Ralph Perez notes over at his website that:
I recently had a client say, “there’s a reason the bar exam is so hard, you guys are expensive.” Her statement reminds me that clients often aren’t sure exactly what I do. They understand that they are receiving some sort of value for what they pay me but because legal services are generally intangible, it is sometimes hard for them to put a dollar value on what I do. I thought I’d explain exactly what lawyers do.Ralph goes on to answer the question, "What do lawyers do?"
Law Journal Symposium
The St. Mary's Law Journal will host the 2009 Symposium on Legal Malpractice and Professional Responsibility this Friday at the Plaza Club.
There are nine speakers scheduled for the event, including keynote speaker Thomas D. Morgan, a professor at George Washington University Law School.
There are nine speakers scheduled for the event, including keynote speaker Thomas D. Morgan, a professor at George Washington University Law School.
Wednesday, February 18, 2009
SABA Luncheon
The San Antonio Bar Association's February luncheon will take place Thursday at the Plaza Club (in Frost Bank Tower).
U.S. District Judge Royce C. Lamberth, a San Antonio native, will speak at the gathering. It should be interesting.
Among other things, the District of Columbia judge presided over Cobell v. Kempthorne, a class action case in which Native American plaintiffs sued the government for mismanaging an indian trust. His various opinions in that case lambasted the government, as this Mother Jones article from 2005 points out.
He also found that Iran was to blame for the 1983 Marine barracks bombing in Lebanon, ordering the nation to pay the Marines' families billions in damages.
Should be an interesting talk.
U.S. District Judge Royce C. Lamberth, a San Antonio native, will speak at the gathering. It should be interesting.
Among other things, the District of Columbia judge presided over Cobell v. Kempthorne, a class action case in which Native American plaintiffs sued the government for mismanaging an indian trust. His various opinions in that case lambasted the government, as this Mother Jones article from 2005 points out.
He also found that Iran was to blame for the 1983 Marine barracks bombing in Lebanon, ordering the nation to pay the Marines' families billions in damages.
Should be an interesting talk.
Welcome, New Bloggers!
S.A. Law is proud to announce two additions to the blogging team. Joining me in writing about the San Antonio legal community are my friends, former classmates at St. Mary's University School of Law and fellow attorneys Ralph Perez and James A. Rodriguez.
Welcome, gentlemen, and I look forward to reading your contributions.
Welcome, gentlemen, and I look forward to reading your contributions.
Sounds Like a Law School Exam Question
A man on trial for the murder of his father blames inept medical care--not the son's gunshots--for the man's death. The defense attorney for Alex Crank Jr. tells jurors the bullets were "non-fatal" and that a "second medical emergency" was what killed the victim. This sounds like a fact pattern for a criminal law class exam.
When the victim died 10 days after getting shot, the DA's office upgraded the charges from attempted murder to murder. I know that in tort law, ineffective medical treatment is a foreseeable consequence of the tortious conduct, and I'm pretty sure it's the same in criminal law.
Also, an interesting angle to the punishment phase of the trial: As the Express-News and KSAT point out in their stories, the defendant is ineligible for community supervision, thanks to a recent change in state law that forbids probation for defendants convicted of murder, even if it is their first felony.
Hat tip: Man O' Law, who tells the defense attorney nice try, but "Your client will be convicted, he will lose his appeal and then you will [be wrongly] blamed for rendering ineffective assistance of counsel in a post-conviction writ."
When the victim died 10 days after getting shot, the DA's office upgraded the charges from attempted murder to murder. I know that in tort law, ineffective medical treatment is a foreseeable consequence of the tortious conduct, and I'm pretty sure it's the same in criminal law.
Also, an interesting angle to the punishment phase of the trial: As the Express-News and KSAT point out in their stories, the defendant is ineligible for community supervision, thanks to a recent change in state law that forbids probation for defendants convicted of murder, even if it is their first felony.
Hat tip: Man O' Law, who tells the defense attorney nice try, but "Your client will be convicted, he will lose his appeal and then you will [be wrongly] blamed for rendering ineffective assistance of counsel in a post-conviction writ."
Tuesday, February 17, 2009
Impeachment Bill Filed Against CCA Judge
A San Antonio state lawmaker has signed onto a bill creating an impeachment committee to address the actions of Presiding Court of Criminal Appeals Judge Sharon Keller, who drew criticism in 2007 for closing the courthouse at 5 p.m. when attorneys were trying to file a last-minute death penalty appeal.
Grits for Breakfast drew my attention to Fort Worth Rep. Lon Burnam's bill that would get the ball rolling on impeachment. The Grits post doesn't mention it, but the co-author of the bill is former San Antonio City Council member Rep. Roland Gutierrez, who now represents parts of San Antonio, Converse, and Schertz in the Texas House. According to the state Legislature website, he signed on to the bill today.
The legislation directs the House to "consider the impeachment of Judge Sharon Keller, Presiding Judge of the Texas Court of Criminal Appeals, for gross neglect of duty and conducting her official duties with willful disregard for human life."
No telling if this bill will see the light of day, it still has to get past a lot of hurdles before the House can vote on it, and even if legislators do consider impeachment, no telling if they will actually convict.
Grits for Breakfast drew my attention to Fort Worth Rep. Lon Burnam's bill that would get the ball rolling on impeachment. The Grits post doesn't mention it, but the co-author of the bill is former San Antonio City Council member Rep. Roland Gutierrez, who now represents parts of San Antonio, Converse, and Schertz in the Texas House. According to the state Legislature website, he signed on to the bill today.
The legislation directs the House to "consider the impeachment of Judge Sharon Keller, Presiding Judge of the Texas Court of Criminal Appeals, for gross neglect of duty and conducting her official duties with willful disregard for human life."
No telling if this bill will see the light of day, it still has to get past a lot of hurdles before the House can vote on it, and even if legislators do consider impeachment, no telling if they will actually convict.
Community Justice Program
The San Antonio Bar Association's Community Justice Program will take place tonight at 5:30 at the St. Mary's University Center for Legal and Social Justice. From the CJP web page:
The Community Justice Program (“CJP”) is a collaborative effort by the entire legal community to provide free neighborhood-based legal services to individuals who may not otherwise have access to the legal system. CJP’s partner, TRLA (Texas RioGrande Legal Aid) supports the program by coordinating all client intake through their toll-free hotline.The program handles simple, usually uncontested cases, including divorce, child custody, probate matters, and wills. I volunteered for a clinic in January, and I recommend it for new attorneys. It's good experience and it's a great way to give back to the community.
Friday, February 13, 2009
Protective Orders and Third Parties
Blogger Sam at Man O' Law reports that Bexar County DA Susan Reed wants the state law allowing protective orders expanded to cover more people.
Title 4 of the Texas Family Code allows protective orders in cases of family violence (as defined in Section 71.004). Section 82.002 (which references the definitions in 71.004) allows "an adult member of the household" or "an adult member of the dating relationship" to apply for a protective order from acts of family violence or dating violence. There is no provision covering protective orders for third parties.
Sam says Reed mentioned on the radio this morning that she "will be working with State Representative Joaquin Castro to support a legislative bill this session to change the law to allow a third-party to obtain a protective order." Reed sent a letter to Bexar County's legislative delegation asking them to tackle this issue.
This announcement comes in the wake of a love-triangle killing in which a woman killed her ex-husband's former girlfriend. The victim's family told reporters she had tried to obtain a protective order, but the Sheriff's Office said there was nothing more they could have done.
Title 4 of the Texas Family Code allows protective orders in cases of family violence (as defined in Section 71.004). Section 82.002 (which references the definitions in 71.004) allows "an adult member of the household" or "an adult member of the dating relationship" to apply for a protective order from acts of family violence or dating violence. There is no provision covering protective orders for third parties.
Sam says Reed mentioned on the radio this morning that she "will be working with State Representative Joaquin Castro to support a legislative bill this session to change the law to allow a third-party to obtain a protective order." Reed sent a letter to Bexar County's legislative delegation asking them to tackle this issue.
This announcement comes in the wake of a love-triangle killing in which a woman killed her ex-husband's former girlfriend. The victim's family told reporters she had tried to obtain a protective order, but the Sheriff's Office said there was nothing more they could have done.
Meeting SAYLA Members
I attended the San Antonio Young Lawyers Association gathering last night, and had a good time. I felt like I hadn't seen so many members of the St. Mary's law school class of 2008 in the same room since we took the bar exam. I caught up with old classmates and met some new folks, and had a good time.
It seems like a good organization. I plan on attending SAYLA's luncheon on Tuesday. Lunch and a CLE--what's not to love?
It seems like a good organization. I plan on attending SAYLA's luncheon on Tuesday. Lunch and a CLE--what's not to love?
Thursday, February 12, 2009
No Comment
A TV news crew chases down suspended lawyer Diana C. Minella to answer questions about the hundreds of clients she left in the lurch, but all they get is stonewalled. After Wednesday's bankruptcy hearing, Minella pretends to ignore the reporter and camera as she sits in a car.
As a lawyer, I realize her attorney probably told her not to say anything, because she faces trouble from several angles: her bankruptcy, the Texas State Bar, and possible criminal charges. You have to be careful when you open your mouth, so you don't get yourself in any more trouble. Still, as a former journalist, I think it's better for the subject to get in front of the story and try to steer the way you want it to go than to let someone else take the wheel.
Hat tip for the video: Strange In San Antonio.
As a lawyer, I realize her attorney probably told her not to say anything, because she faces trouble from several angles: her bankruptcy, the Texas State Bar, and possible criminal charges. You have to be careful when you open your mouth, so you don't get yourself in any more trouble. Still, as a former journalist, I think it's better for the subject to get in front of the story and try to steer the way you want it to go than to let someone else take the wheel.
Hat tip for the video: Strange In San Antonio.
Wednesday, February 11, 2009
SAYLA Happenings
The San Antonio Young Lawyers Association will conduct a membership drive Thursday evening. The event starts at 6 p.m. at Zen Bar, located downtown at 221 E. Houston Street. I hope to see you there.
Next Tuesday at 11:45 a.m., SAYLA's February luncheon takes place at Paesanos Lincoln Heights, 555 E. Basse Road, near the Quarry. I should be there as well.
Next Tuesday at 11:45 a.m., SAYLA's February luncheon takes place at Paesanos Lincoln Heights, 555 E. Basse Road, near the Quarry. I should be there as well.
That's a Lot of Tickets
If suspended lawyer Diana C. Minella owes you money, the Express-News reports that there's a creditor hearing in a San Antonio bankruptcy court today regarding her debts--some $627,953 in unsecured nonpriority claims.
Minella is the San Antonio lawyer who surrendered her law license after she left hundreds of clients in the lurch, taking their money but neglecting to take care of their traffic tickets as promised--a violation of the Texas Disciplinary Rules of Professional Conduct.
Interestingly, Minella sued the city of San Antonio in 2003 after she was fired. The district court dismissed the lawsuit, and the Fifth Circuit upheld the dismissal.
Minella is the San Antonio lawyer who surrendered her law license after she left hundreds of clients in the lurch, taking their money but neglecting to take care of their traffic tickets as promised--a violation of the Texas Disciplinary Rules of Professional Conduct.
Interestingly, Minella sued the city of San Antonio in 2003 after she was fired. The district court dismissed the lawsuit, and the Fifth Circuit upheld the dismissal.
Tuesday, February 10, 2009
"Highway Robbery"
The San Antonio Express-News story about the East Texas city of Tenaha is making waves in Texas and beyond. The article describes how the city's two-officer police force uses the state's asset forfeiture statute to seize property from individuals without convicting them of, or even charging them with, a crime.
Tenaha's mayor told Lufkin/Nacodoches TV station KTRE that the city is "just trying to get drugs off the roads." However, he told the E-N that the town used the seized cash and goods to buy a new patrol car and expand the police station.
An editorial in the Longview News-Journal denounced the practice, which seems to target minority drivers.
This story attracted national attention from Reason magazine writer Radly Balko, who noted that:
Section 59.02 of the Texas Code of Criminal Procedure makes all property considered contraband "subject to seizure and forfeiture under this chapter." The state's burden to prove that the property is contraband is not the reasonable doubt required for a criminal conviction, but the lower threshhold of a preponderance of evidence needed in civil cases. The burden therefore falls on the owner to prove that the property is not contraband.
The criminal justice blog Grits for Breakfast noted back in January that the Texas Senate's Criminal Justice Committee will consider overhauling this law. The committe's interim report listed seven recommendations to reform asset seizure, including state oversight of how local agencies use the seized property, punishment for agencies that misused forfeited assets, and shifting the burden of proof to the government when an owner goes to court to get the property back.
ADDENDUM: For another lawyer's take on this story, see defense attorney Mark Bennett, who offers up this case as an example to "those who like to pretend that government can be trusted to do the right thing."
Law enforcement authorities in this East Texas town of 1,000 people seized property from at least 140 motorists between 2006 and 2008, and, to date, filed criminal charges against fewer than half, according to a review of court documents by the San Antonio Express-News.
Virtually anything of value was up for grabs: cash, cell phones, personal jewelry, a pair of sneakers, and often, the very car that was being driven through town.
Some affidavits filed by officers relied on the presence of seemingly innocuous property as the only evidence that a crime had occurred.
Tenaha's mayor told Lufkin/Nacodoches TV station KTRE that the city is "just trying to get drugs off the roads." However, he told the E-N that the town used the seized cash and goods to buy a new patrol car and expand the police station.
An editorial in the Longview News-Journal denounced the practice, which seems to target minority drivers.
Something is terribly askew here. In too many towns, not just Tenaha, out-of-town motorists are targeted, indeed profiled, often by race. Someone pulled over who carrying a lot of cash is presumed guilty, even if no drugs or other contraband is found. Once money is seized, the owner has to go to court, pay lawyers and endure an arduous process to have any chance of recovering the money — even if no charges are ever filed. Too many law enforcement agencies view such tactics as efficient ways to fund new toys — such as police cars, fancy weapons and such.
This story attracted national attention from Reason magazine writer Radly Balko, who noted that:
Asset forfeiture outrages have been generating great copy for 20 years. The public gets angry, and maybe a few people spotlighted in the local newspaper investigation get some portion of the property back. But then it's back to business as usual, at least until the next report.
Section 59.02 of the Texas Code of Criminal Procedure makes all property considered contraband "subject to seizure and forfeiture under this chapter." The state's burden to prove that the property is contraband is not the reasonable doubt required for a criminal conviction, but the lower threshhold of a preponderance of evidence needed in civil cases. The burden therefore falls on the owner to prove that the property is not contraband.
The criminal justice blog Grits for Breakfast noted back in January that the Texas Senate's Criminal Justice Committee will consider overhauling this law. The committe's interim report listed seven recommendations to reform asset seizure, including state oversight of how local agencies use the seized property, punishment for agencies that misused forfeited assets, and shifting the burden of proof to the government when an owner goes to court to get the property back.
ADDENDUM: For another lawyer's take on this story, see defense attorney Mark Bennett, who offers up this case as an example to "those who like to pretend that government can be trusted to do the right thing."
Cases Dismissed!
Good news for defendants (and their attorneys) in Atascosa County. The San Antonio Express-News reports that the county attorney is dismissing all cases from before 2008. Citing the backlog left by her predecessor, Atascosa County Attorney Lucinda Vickers said there's no way to catch up:
Blogger Sam at Man O' Law says justice is not served with the mass dismissals:
Good point, although the E-N article notes that Vickers told local law enforcement agents and lawyers of the dismissals, and "anyone who wishes to continue with a particular case may do so."
“It's completely impossible. There were 1,400 cases on the computer from 2000 to 2006,” Vickers said. She said she only recently hired an assistant county attorney and a secretary, and she plans to hire one more of each — positions that were vacant under Franklin.The previous county attorney, R. Thomas Franklin, came under fire in 2006 for sitting on cases, including not filing a single case during a five-month period. Interestingly enough, back then the Atascosa County Judge allowed the county attorney to set the court docket--a pretty rare occurrence in Texas.
“I was hoping I was going to be able to salvage those (cases), but I don't have the manpower,” she said.
Blogger Sam at Man O' Law says justice is not served with the mass dismissals:
I don't know what the remedy here should be. Let the system work its way out, and have defense attorneys file speedy trial motions or do the wholesale dismissals? What about those who want to continue to press charges?
What about DWI's and family violence matters?
Good point, although the E-N article notes that Vickers told local law enforcement agents and lawyers of the dismissals, and "anyone who wishes to continue with a particular case may do so."
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