Off the Kuff Rotating Header Image

June 20th, 2019:

Will Ken Paxton ever be prosecuted?

At this point, I’d have to say it’s very unlikely.

Best mugshot ever

After mulling the question for nearly six months, the nine Republican judges on Texas’ highest criminal court will not reconsider their 2018 ruling that threatens to imperil the criminal case against Texas Attorney General Ken Paxton.

In November, a fractured Texas Court of Criminal Appeals ruled that a six-figure payment to the special prosecutors appointed to take Paxton to trial for felony securities fraud fell outside legal limits for what such attorneys may be paid. A month later, the attorneys asked the high court to reconsider that decision in a spirited legal filing that went unanswered until this week.

The court did not provide any reason for rejecting the motion, nor did any judges write dissenting opinions. Few expected that the high court would reconsider its own ruling.

Payments for special prosecutors are based on strict fee schedules, but judges are permitted to approve payments outside those strictures in unusual circumstances, as a North Texas GOP judge did for the prosecutors in the Paxton case. But after Jeff Blackard, a Paxton donor, sued in December 2015, claiming that the fees were exorbitant, the Dallas Court of Appeals voided the prosecutors’ invoice and the payment has been in question. Meanwhile, the trial itself has been derailed again and again.

Wednesday’s ruling threatens the long-delayed prosecution of Texas’ top lawyer, as the prosecutors —unpaid in years — have signaled they may withdraw from the case if they cannot be paid. The prosecutors have also argued that the pay ruling, in limiting how much attorneys may be paid even in cases of extraordinary circumstances, threatens the state’s ability to adequately compensate lawyers representing indigent defendants.

See here, here, and here for the latest updates, and here for even more, if you want to do a deeper dive. We should all have friends as steadfast as Ken Paxton has in Collin County, both on their Commissioners Court and in the person of Jeff Blackard. Friends help you move, real friends help you game the criminal justice system to effectively quash felony indictments.

At this point, either the existing prosecutors decide to stick it out and maybe extract a bit of revenge via jury verdict, or they throw in the towel and the whole thing starts over with new prosecutors. Which in turn would open a whole ‘nother can of worms, thanks to the Lege.

Under Senate Bill 341, which moved quietly and without controversy through the Texas Legislature, only county attorneys, district attorneys and assistant attorneys general would be qualified to serve in the high-stakes, often high-profile affairs that require specially appointed prosecutors. Currently, judges may appoint “any competent attorney,” which some have argued is an insufficient standard.

The author of that bill, Houston Republican Sen. Joan Huffman, has presented it as a cost-saving effort for counties — special prosecutors will now be government attorneys who would not require additional funds — and also as a way to raise the bar of qualifications for special prosecutors.

That would limit the selection pool from the more than 100,000 practicing attorneys in Texas to a much smaller group of several hundred elected prosecutors or attorneys employed by the agency Paxton runs. The replacement for Wice and Schaffer would have to be either a Democratic district attorney, who might be seen as overly aggressive in her prosecution of a Republican statewide official; a Republican district attorney, who could be seen as overly sympathetic to a leader of his own party; or an assistant attorney general, who would be an employee of the defendant.

That law goes into effect September 1. This law does make some sense, and if the Paxton prosecution had been handed off to a DA or County Attorney there would not have been an issue with payment. I for one would argue that this case should absolutely be turned over to a big urban county DA’s office – Harris, Dallas, Bexar, or (oh, the delicious irony) Travis – since an aggressive prosecution is exactly what is needed, and the DAs in those counties will have less to fear from the voters than, say, the Denton or Tarrant or Montgomery County DAs would. I will be very interested to see what the presiding judge decides to do, if it comes to that. In the meantime, we need the voters of Collin County to start voting out members of their Commissioners Court, and the voters of Texas to start electing better jurists to the CCA. You want a lower-level cause to get behind in 2020, there’s two of them for you.

Ten Best and Ten Worst 2019

Here’s that famous biennial list from Texas Monthly.

The Best

  • House Speaker Dennis Bonnen
  • Representative Joe Moody
  • Representative James White
  • Representative Donna Howard
  • Representative Dade Phelan
  • Representative Victoria Neave
  • Senator Kirk Watson
  • Representative Tom Oliverson

The Worst

  • Lieutenant Governor Dan Patrick
  • Representative Tom Craddick
  • Senator Bryan Hughes
  • Representative Poncho Nevárez
  • Senator Angela Paxton
  • Representative Jeff Leach
  • Senator John Whitmire
  • Senator Brandon Creighton

Special Awards

  • Most Improved: Governor Greg Abbott
  • Cockroach: Representative Jonathan Stickland
  • Freshman of the Year: Representative Julie Johnson
  • Bull of the Brazos: Senator Paul Bettencourt
  • Furniture

Click over to read the stories. Many of these had me nodding my head, others had me saying “huh, I hadn’t realized that”. None of them stood out as egregiously wrong based on the reasons cited, which has not always been the case. Anyway, read and enjoy, and as always consult with Harold Cook for the proper way to respond.

Metro’s driverless shuttle finally debuts

Nice to have good weather.

TSU’s Tiger Walk isn’t just for pedestrians anymore.

The region’s first autonomous shuttle to carry passengers debuted Wednesday along the tree-lined walk, the center of the Texas Southern University campus. Operated by Metropolitan Transit Authority, the vehicle will ferry students and others along the Tiger Walk as part of a pilot program to gauge how driverless vehicles can solve some of the region’s travel obstacles.

“We have to plan for the future,” Metro Chairwoman Carrin Patman said, noting some Houstonians need reliable local transit to link them to major bus and rail stops, a hurdle in transit circles referred to as “first-mile/last-mile.”

“Autonomous vehicle technology has the ability to serve those needs and many more,” Patman said, standing in front of the blue shuttle. “Once these things become commonplace, we can have these autonomous vehicles lined up.”

[…]

The vehicle for now uses an established route with three stops around campus, relying on sensors to detect when it is safe to proceed and avoid others along the Tiger Walk, which is a closed part of Wheeler Avenue across the college. The Tiger Walk intersects with the Columbia Tap Trail.

The second phase, likely in 2020, will extend the shuttle’s route to the Purple Line rail stop near TDECU Stadium and the University of Houston campus. That will be the first foray into automobile traffic for the shuttle, along a stretch of Cleburne Street. The third phase of the trial will extend the shuttle service to the Eastwood Transit Center at Interstate 45 and Lockwood.

See here, here, and here for the background. I approve of this kind of usage, with the shuttle acting as a connector between the campus and (right now) a bike trail and (eventually) a light rail stop. That’s how you make it easier for people to not use their cars for short trips. I’ll be very interested to see how many people use this thing, and how many of them come from or go to other non-car modes of travel.

Texas blog roundup for the week of June 17

In honor of Sarah Huckabee Sanders, the Texas Progressive Alliance strongly denies that this is this week’s roundup.

(more…)