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You can’t legislate from jail

That’s the Ron Reynolds story.

Rep. Ron Reynolds

There’s a chance state Rep. Ron Reynolds could be sentenced to serve a year in jail next year. If that happens, he wouldn’t have to resign, according to state officials.

The Houston-area Democrat recently lost his appeal to a 2016 conviction of five misdemeanor barratry charges for illegal solicitation of legal clients. Reynolds, a once-practicing personal injury lawyer, says his attorney is working to submit a petition to the Texas Criminal Court of Appeals to review the opinions issued by Texas’ 8th Court of Appeals, which upheld his conviction. It’s a last-ditch attempt to avoid serving his sentence of a year in jail.

In an interview with the Tribune, Reynolds refused to address what he would do if his final appeal fails.

“We’re very – and I’ve even got a second opinion – are very confident that we’ll prevail, so I don’t think it will get to that point,” Reynolds said in a phone interview.

Should Reynolds end up in jail next year, the four-term lawmaker could still hold office and continue to run for re-election. According to Sec. 141.001 of the Texas Election Code, the only criminal misconduct that would require an elected official to resign would be a felony conviction. Reynolds’ convictions qualify as misdemeanors.

“So technically, the representative could be serving out his sentence for a misdemeanor and still be a state representative,” said Sam Taylor, communications director for the Texas Secretary of State’s Office.

[…]

Joel Daniels, a Montgomery County assistant district attorney who was among the lawyers who tried Reynolds’ case, noted that the opinions issued by the three-judge Eighth Court of Appeals on Nov. 29 were unanimous for each of the five charges. That bodes well for the prosecution’s case, he said.

“We are greatly gratified by the appeals court rejecting Mr. Reynolds’ attempt to overturn a jury’s verdict,” Daniels said. “This important decision brings Mr. Reynolds one step closer to justice.”

See here for the last update. I honestly don’t know what Reynolds’ end game is. I understand having hope, but you gotta be realistic, too. Reynolds received a decent amount of establishment support in his re-election bid two years ago. I got the sense at that time that patience was running out for him. In this environment, I have a hard time seeing how anyone could endorse him again, regardless of his voting record and their past personal relationship. Wilvin Carter is Reynolds’ opponent this time around. Perhaps the voters will render moot any concern about how Rep. Reynolds could perform his legislative duties while in jail.

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One Comment

  1. Greg Wythe says:

    Actually, you *can* legislate from jail. Not sure that’s a clarification Reynolds would want to make, though.

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