The Devine connection to Woodfill and Pressler

Birds of a feather. A very rancid feather.

In 2022, the Texas Supreme Court declined to kill a high-profile sex abuse lawsuit against former Southern Baptist Convention leader Paul Pressler and his longtime law partner, Jared Woodfill.

For Justice John Devine, the case involved some familiar names: Years before taking the bench, he had worked at Woodfill and Pressler’s small Houston law firm. In fact, Devine’s tenure at the firm overlapped with the time that the plaintiff, a former employee of the firm, was allegedly molested by Pressler.

Two other justices, who previously worked for the law firm representing the plaintiff, recused themselves. Devine didn’t — and instead dissented from the court’s 5-2 decision that allowed the suit to go forward after a challenge to its statute of limitations.

The lawsuit would eventually make public numerous other abuse allegations against Pressler. It also prompted a deposition last year in which Woodfill testified that he had for years used the firm’s funds to pay young men to work out of Pressler’s home despite repeated warnings of his predations. Woodfill was not accused of sexual abuse in the lawsuit.

Devine’s campaign website, Supreme Court biography and profile on WestLaw, a major legal repository, do not mention his work at the firm, Woodfill & Pressler LLP, which had about 10 employees during Devine’s time there.

But the Texas Tribune reviewed thousands of pages of court records in lawsuits handled by Woodfill & Pressler LLP, and found that Devine was listed as an attorney or guardian ad litem with the firm at least 27 times between 2002 and 2008, including nine suits that were filed while the plaintiff in the sex abuse lawsuit worked for the firm as Pressler’s personal aide.

Asked last week about his involvement with the firm, Devine downplayed his work there and said he had no reason to recuse himself because he had “no personal knowledge of the facts” in the lawsuit or a financial stake in the firm or the case’s outcome.

“There was no basis for me to recuse from the case,” Devine wrote in an email to the Tribune. “I had no financial interest in the case; never participated in it; and had no personal knowledge of the facts. Two decades ago, I jointly tried some cases with Jared Woodfill. But we were never law partners; I had no financial interest in his firm; and I had no knowledge of the firm’s inner workings. I never worked with Pressler. My understanding was that he was just a name on the door.”

[…]

Devine, a Republican who joined the Supreme Court in 2012, is up for reelection this year, and is the only justice facing a challenger in the March 5 statewide primary. His opponent, Second District Court of Appeals Judge Brian Walker, has centered his campaign on questions about Devine’s ethics, including in the Pressler case and in other instances in which he ruled on lawsuits brought by Woodfill.

“I have a hard time believing that Judge Devine didn’t know about the allegations,” Walker said in an interview. “It’s clear to me that he was still trying to help Woodfill and Pressler out when he essentially voted to keep the lawsuit from moving forward.”

Two other justices, who previously worked for the law firm representing the plaintiff, recused themselves when the suit was considered by the Supreme Court, though they did not provide reasons.

Legal experts acknowledged there are often gray areas when it comes to judicial recusals — particularly in Texas, where justices are elected and can find themselves presiding over legal disputes that involve political allies and supporters.

But they cited the Texas Code of Judicial Conduct, which requires judges to preserve the “integrity and independence of the judiciary” and avoid “impropriety and the appearance of impropriety.”

“I don’t think that this is a close call,” said Heather Zirke, director of the Miller Becker Center for Professional Responsibility at the University of Akron School of Law. “Judges have a duty to avoid even the appearance of impropriety.”

See here for the Paul Pressler files. This story brings a lot more receipts about the Devine/Woodfill/Pressler relationship, so go read the rest. He’s the worst judge on that bench and he deserves all of the pressure that can be placed on him. And there are be plenty of other reasons to vote against Devine, including his role in upholding all of the cruel and life-threatening abortion restrictions the state now enforces. That’s the goal of the Find Out PAC, which is targeting the three Justices who are up for election this year, including Devine. I’m always a little skeptical of these efforts, as it will take a ton of money to move the needle and we don’t have much of a track record in that regard. But it’s there and they’ve picked a good target. A little more attention to this aspect of the Devine dossier couldn’t hurt as well.

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Judicial Q&A: Joy Dawson Thomas

(Note: As I have done in past elections, I am running a series of Q&As for judicial candidates in contested Democratic primaries. This is intended to help introduce the candidates and their experiences to those who plan to vote in March. I am running these responses in the order that I receive them from the candidates. Much more information about Democratic primary candidates, including links to the interviews and judicial Q&As, can be found on Erik Manning’s spreadsheet.

Joy Dawson Thomas

1. Who are you and what are you running for?

Joy Dawson Thomas, 164th Civil District Court Judge in Harris County

2. What kind of cases does this court hear?

A district judge may hear and determine motions, including motions for new trial, petitions for injunction, applications for the appointment of a receiver, interventions, pleas in abatement, dilatory pleas, and all preliminary matters, questions, and proceedings, and may enter judgment or order on them. These duties are stated in the TX Government Code, Title 2, Subtitle A, Chapter 24, Subchapter A, Section 24.003(d)

3. Why are you running for this particular bench?

This Court is underperforming. Specifically, has a shameful backlog, delayed availability for hearings and trials and undesirable judicial temperament.

4. What are your qualifications for this job?

I’ve been a magistrate judge in Harris County for three years conducting in-person hearings daily while maintaining a kind judicial temperament; practicing attorney for seven years conducting hearings and trials in multiple counties; I teach Trial Advocacy at Thurgood Marshall School of Law; I teach Texas Government, Federal Government, Civil Liberties and Texas Politics at the University of Houston- Downtown; public servant for 12 years in the capacity of law enforcement; I have 231 hours of continuing legal education training, including 51 hours of ethics training, in the year of 2023 alone.

5. Why is this race important?

The longer the current condition persists, the longer citizens and their attorneys remain in damaged conditions uncertain of when/if they will be made whole. Untreated injuries, unpaid bills, unnecessary compounding fees, prolonged pain and suffering, etc.

6. Why should people vote for you in March?

I will address the huge backlog of cases and issues with courtroom access by implementing more efficient Court operations. Specifically, setting status coferences, issuing docket control orders and ordering mediations for old cases; more dates available for attorneys to have hearings and trials and consistent and transparent communication with staff, attorneys and pro-se litigants while maintaining a kind judicial temperament.

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SB4 lawsuit has its day in court

We’ll see what happens.

Lawyers for the Biden administration and Texas faced off in a federal court in Austin on Thursday to argue whether a new state law that would allow police to arrest people suspected of crossing the Texas-Mexico border illegally should go into effect next month.

Senate Bill 4, which Gov. Greg Abbott signed in December, is Texas’ latest attempt to try to deter people from crossing the Rio Grande after several years of historic numbers of migrants arriving at the Texas-Mexico border.

The law makes illegally crossing the border a Class B misdemeanor carrying a punishment of up to six months in jail. Repeat offenders could face a second-degree felony with a punishment of two to 20 years in prison. The law also requires state judges to order migrants returned to Mexico if they are convicted; local law enforcement would be responsible for transporting migrants to the border. A judge could drop the charges if a migrant agrees to return to Mexico voluntarily.

On Thursday, attorneys representing the U.S. Department of Justice and several nonprofit organizations that have sued the state argued that only the federal government can enforce immigration laws. They said that precedent set by federal courts makes clear that states are prohibited from enacting their own restrictions on entry to and removal from the U.S.

Brian Boynton, a deputy assistant attorney general arguing on behalf of the DOJ, rejected the notion that there is an “invasion” at the southern border, a refrain Gov. Greg Abbott has repeated to justify his border efforts.

Boynton also denied that the federal government has “abandoned” its duty to enforce immigration laws.

“There has been no abandonment,” Boynton said during a roughly hourlong argument in a packed courthouse. He added that the federal government has removed more than 400,000 migrants from the country since May, when the Biden Administration ended Title 42, the Trump-era policy that allowed officials to quickly expel migrants from the country.

[…]

In December, ​​the American Civil Liberties Union, the ACLU of Texas and the Texas Civil Rights Project sued Texas on behalf of El Paso County and two immigrant rights organizations — El Paso-based Las Americas Immigrant Advocacy Center and Austin-based American Gateways — over the new state law.

The following month, the Justice Department filed its own lawsuit against Texas. The lawsuits have since been combined.

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A major point of contention between the opposing parties was whether SB 4 would allow migrants to access the asylum process, which they are entitled to under federal law. Boynton said that if a migrant were arrested under SB 4, they would not have a chance to claim asylum and could be sent back to Mexico, even if that country refused to accept them.

Lawyers for the state of Texas, however, said the law would not impede the asylum process. Ryan Walters, an attorney representing the state, suggested that migrants prosecuted for illegally crossing the border could apply for asylum from a Texas prison.

“There have been a lot of assumptions about the law,” Walters said. “Federal law enforcement can still come in and do credible fear interviews. There’s no difference from other cases where migrants are in Texas custody.”

But U.S. District Judge David Ezra said during the hearing that judges presiding over SB 4 cases will ultimately be forced to decide whether to abide by federal or state law. While SB 4 states that a court “may not abate the prosecution of an offense” on the basis that a federal determination of the immigrant’s status is pending, federal law asks that courts do take an immigrant’s asylum application into account.

Ezra also took issue with the fact that SB 4 would allow state judges to hear felony immigration claims. Typically, federal judges with lifetime tenure, known as Article III judges, have jurisdiction over cases where federal prosecutors seek criminal charges for immigration offenses, such as illegal entry.

“Someone who faces a possible 20-year sentence won’t have the benefit of an Article III judge,” Ezra said. “That is an issue of some concern.”

Ezra asked the state’s lawyers considerably more questions than he asked of the DOJ lawyers. He took jabs at state lawmakers, stating that “a little more care should have gone into drafting” SB 4, and at several points he joked that the state’s attorneys were in a difficult position.

Ezra rebuffed the state’s argument that there is an “invasion” at the border.

“I haven’t seen, and the state of Texas can’t point me to any type of military invasion in Texas,” Ezra said. Abbott has invoked the word “invasion” to describe the influx of migrants at the border because a clause in the U.S. Constitution prohibits states from engaging in war unless invaded.

“I don’t see evidence that Texas is at war,” Ezra said.

At the same time, Ezra said he sympathized with the state’s concerns about the border.

“This court is not unsympathetic to the concerns raised by Abbott,” said Ezra, noting that he has lived in immigration hot spots such as Phoenix and Tucson as well as on the border in Del Rio. “I’m very familiar with the concerns and to some substantial degree agree with those concerns.”

Ezra said at the end of the hearing that he would try to make a decision as soon as possible and well ahead of March 5, when SB 4 is scheduled to take effect. He predicted that his decision would be appealed and that the case would ultimately make its way to the U.S. Supreme Court.

See here and here for the background. My prediction, for those who don’t feel like clicking the links, is that the plaintiffs will get their restraining order, the Fifth Circuit will put the restraining order on hold, and nobody knows what SCOTUS will do. This shouldn’t be complicated or mysterious in any way since precedent is both clear and recent that states cannot do what Texas is trying to do, but we live in a world where too many courts don’t care about that. And so I don’t know how this will play out.

On the politics side of things, while Democrats are attacking Republicans in Congress and the Senate for scuttling the border bill they themselves had demanded as ransom for funding Ukraine, Israel, and Taiwan, maybe we could aim some of those attacks at Greg Abbott and his squadron of cosplaying Republican governors, too? I mean, I did not care for that deal that was struck in the Senate and I think it is unconscionable to offer up so much Republican red meat at all, let alone without getting a DREAM act and a path to citizenship, but the case one can make that they got everything they asked for and then threw it away on Donald Trump’s orders because he prefers to have the chaos as a campaign issue really is a salient one and will resonate with voters. It’s also not like we’ve got anything that has worked any better. Just, please, start mentioning Greg Abbott’s name when you talk about this, that’s all that I’m asking at this time.

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Endorsement watch: Three big ones

The Chron races to finish up their primary endorsements before the start of Early Voting. Three more for your consideration:

They endorse Rep. Lizzie Fletcher in CD07.

Rep. Lizzie Fletcher

Ever since Democratic voters picked her to take on and eventually defeat a nine-term Republican incumbent in 2018, U.S. Rep. Lizzie Fletcher hasn’t had a primary challenger.

That changed this year, in part because the 7th Congressional District was redrawn, shifting west and south of downtown Houston, and looping in Alief and parts of Sugar Land. The district is also one of the most diverse in Texas: 30% Hispanic or Latino, 21% Black and 22% Asian, according to census data.

Pervez Agwan, an engineer and renewable energy developer who was born to immigrant parents from India, is making the case that because the district is now solidly blue — Fletcher carried it by 27 points in the 2022 general election — its interests have shifted to the left.

Agwan, 32, is running on an unabashedly progressive platform that includes supporting a single-payer universal health care system, doing away with dark money and corporate influence in our political system, and pushing for a cease-fire between Israel and Palestine. But he couldn’t articulate how he’d be effective in getting legislation passed in Washington.

Agwan has also been hit with a lawsuit in which he was accused of sexual harassment by a former campaign staffer who says he tried to kiss her in his office and kept her from leaving after she rejected him. Agwan told the editorial board that he vehemently denied the woman’s claim and referred to the lawsuit as a “circus” centered on a “small workplace dispute.” Even if the allegations aren’t true, his response was dismissive, lacking the seriousness the lawsuit deserves. While Agwan raised more than $1 million in 2023, he has burned through it quickly and ended the year with less than $100,000 on hand, according to campaign finance data.

Fletcher, 49, is a well-liked three-term incumbent who works as hard as any member of the Texas delegation. She stays engaged with her constituents, holding quarterly public meetings and dozens of public events, and says she’s brought $643 million in federal taxpayer dollars back to her district. She has proven she can work across the aisle in an extremely polarized and narrowly divided House of Representatives. She’s introduced a range of legislation with bipartisan support such as bills to improve mental health care for seniors on Medicare and create funding streams for clean energy and resiliency projects in coastal communities.

Yet Fletcher also hasn’t lost sight of core issues important to the Democratic base. Her bill incentivizing states to expand Medicaid was included in President Joe Biden’s American Rescue Plan Act. After the U.S. Supreme Court overturned Roe v. Wade, Fletcher authored a bill that would protect abortion patients who need to travel out of state to receive care and help them pay for it, which passed the House but failed to get a vote in the Senate.

My interview with Rep. Fletcher is here and with Pervez Agwan is here. I encourage you to listen to them. The subjects of the lawsuit and how Agwan would approach passing his legislative agenda were discussed, so this is an opportunity for you to hear how he responded.

They endorse Rep. Jarvis Johnson for SD15.

Rep. Jarvis Johnson

In the fight to fill the state Senate seat vacated by Houston Mayor John Whitmire, voters will have to consider not just policy priorities, but also the strategy to get anything accomplished. As it is, even Republican senators can’t get much done without the personal blessing of Lt. Gov. Dan Patrick. Democrats hardly stand a chance.

We think Jarvis Johnson will be able to squeak through a few wins.

With experience as a Houston council member and a state representative since 2016, Johnson has a pragmatic view of how to get things done.

In his first term in the House, he championed a vocational education bill that became law.

“I was successful in working with my colleagues to help understand that industry across the state of Texas need skilled laborers,” he said. “But that was in 2017. We know things changed dramatically over the years.”

For Johnson that means not taking what he describes as Republican “bait and switch” moves. Instead of reacting to culture war provocations, he said he wants to be proactive about pursuing his policy goals: defending and funding public education, passing criminal justice reform, protecting Texans from environmental degradation and more. In the House, he’s pursued restrictions on concrete batch plants, created a sickle cell registry that Gov. Greg Abbott later spitefully vetoed, part of his vengeance against opponents of school vouchers. Johnson also rallied around legislation to raise the age to buy assault rifles.

As an experienced politician, Johnson, 52, brings a certain blunt sensibility about the lawmaking process.

“Anybody who makes a donation to my campaign, that means they have access,” said Johnson, “Doesn’t mean that they get a yes.”

Some might find his frankness off-putting. We don’t, but several of his challengers represent a far more idealistic version of politics.

At the crowded table, Molly Cook, 32, stood out the most as a possible foil to Johnson’s battle-tested insider pragmatism. The ER nurse, who has been running for Whitmire’s seat since before he left it, is strategic in her own way to get things done.

“I bear witness on a daily basis to the kind of suffering that our policy causes,” she said.

First, as a reminder again, I interviewed all six of these candidates:

Karthik Soora
Michelle Bonton
Molly Cook
Rep. Jarvis Johnson
Todd Litton
Beto Cardenas

You should listen to those interviews and decide who you like best. What Rep. Johnson brought to the Chron editorial board he also brought to our conversation, minus the bit about his campaign donors and what they do or don’t get from him. That’s a tale as old as Texas, and I think it’s fair to say that Views Differ about its merits. There are six qualified and engaged candidates in this race, I can make a case for just about any combination of them to make it to the runoff. As I recently advised someone, you should have at least a top three in mind so you’ll be prepared for the overtime period.

They endorse Lauren Ashley Simmons in HD146.

Lauren Ashley Simmons

We saw an unexpected glimpse of Thierry’s short temper and poor conduct when we met with the four-time incumbent and one of her challengers, Lauren Ashley Simmons. (Ashton Woods did not meet with us.) After a combative and petty performance that was beyond the debating showmanship we typically see, Thierry again interrupted Simmons during what was supposed to be her closing statement. Simmons, 36, was noting that she had earned the support of three of Thierry’s colleagues.

“The gay ones,” Thierry interjected sharply.

It was a frustrating end to a difficult screening in which neither candidate was able to share a full accounting of her experience and goals.

[…]

In between the interjections in our screening, Simmons managed to share some of her life story and pitch herself as a grounded candidate with deep experience representing vulnerable communities.

Raised in Third Ward, Simmons became pregnant at 19 and her safety net evaporated. She was rejected for food stamps multiple times. When she was arrested for shoplifting baby clothing and food, she told us, a compassionate judge dismissed the charges, allowing her to continue her education. Since then, she’s worked as a union representative with the Houston Federation of Teachers and is working to organize a group for parents in the Yates High School feeder pattern, hopefully expanding to Worthing and Sterling High Schools as well in Houston ISD, to amplify parent voices amid the takeover. That was the experience she drew on when she confronted state-appointed Superintendent Mike Miles in a video that garnered online attention for her pointed concerns about the loss of voter representation and parental accountability in the district where her own children are currently students.

“I’m not a politician,” she said, “I’m a community advocate.”

She’s also organized to raise the minimum wage that’s been stubbornly stuck at $7.25 for years here in Texas, helping people get to Austin to testify and meet with legislators.

“I work directly with the people who are most vulnerable to our systems and decisions that come out of Austin,” she said.

My interview with Lauren Ashley Simmons is here and my interview with Ashton Woods is here. There’s quite a bit more in this endorsement piece on Rep. Thierry than there is on Simmons, including some of the good things she has done in the Lege and a lot of bad, but I wanted to focus on Simmons, so go read the piece yourself for the rest. Though honestly that “the gay ones” quote really tells you all you need to know.

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Judge rejects Paxton’s “but I’m an orphan!” motion

Good.

A crook any way you look

Texas Attorney General Ken Paxton remains on track to be tried for felony fraud this spring after the presiding judge shot down his attempts to have the charges thrown out.

During a Friday court hearing in Houston, Harris County District Court Judge Andrea Beall rejected Paxton’s arguments that his right to a speedy trial had been violated.

Beall’s decision means that, barring another unexpected delay, Paxton’s securities fraud trial will kick off on April 15. The proceedings are much anticipated; the attorney has been under active indictment for nearly nine years. He has pleaded not guilty.

Special prosecutor Brian Wice applauded Beall’s decision and said Paxton was the reason these cases have not yet gone to trial.

“We think that the general’s fingerprints, footprints and DNA were all over the delays,” said Wice, a private criminal defense lawyer brought on to represent the state after the local district attorney recused himself.

During the hearing, Paxton’s defense attorney Dan Cogdell blamed the prosecutors for much of the delay. He said their attempts to be paid — which have been unsuccessful since 2016 — put off the trial for years.

“That’s what this food fight has been all about,” Cogdell said. “This case has been pending longer than three out of four of my marriages lasted.”

Other factors that led to the delay included the prosecution’s successful motions to move the case from Collin to Harris County, Hurricane Harvey and COVID-19.

[…]

Wice rejected Cogdell’s arguments that they were responsible for the delays and said Paxton has been “living [his] best life” since he was indicted. Paxton has been re-elected two times since 2015 and has also amassed more than $6 million in out-of-state properties, Wice said, an apparent reference to reporting from The Wall Street Journal and The Texas Newsroom.

In a surprise move Friday, Schaffer left the prosecution. He told The Texas Newsroom that he and Wice disagreed with whether Paxton should face a jury at all.

Schaffer added he and Cogdell came to an agreement on Thursday that Paxton would face no prison time or fines, and that the charges would be dropped in exchange for Paxton agreeing to a period of supervision.

But Wice objected, Schaffer said, insisting the case go to trial.

“It was a win-win for the state. It was a win-win for [Paxton],” Schaffer said.

Schaffer said rather than being paid, he has shelled out about $150,000 in his own money “for the pleasure” of prosecuting Paxton. With 18 other paying clients in the hopper, and his disagreement with Wice, Schaffer said it was time to leave.

Cogdell confirmed he and Schaffer had a deal “in principle” that Wice scuttled.

“[Wice] likes the sound of his name in the media, this coming from me,” Cogdell told The Texas Newsroom. “He has always been very, very invested in this case.”

Schaffer was replaced with Houston-based attorney Jed Silverman.

Speaking to the media after the hearing, Wice said Silverman was ready to take on the challenge and said letting Paxton avoid a trial now would be unconscionable.

“To me, that was worse than a slap on the wrist. That was, ‘gee, let’s get you a cocktail, a hot meal and a breath mint.’ And that wasn’t going to happen on my watch,” Wice said.

Cogdell objected to the replacement in court, saying Wice didn’t have the authority to bring Silverman on. He also took issue with the fact that Silverman recently presented an award to Wice for his legal work.

Judge Beall rejected this concern, noting it would bar Silverman from being a juror on the case but not a prosecutor. It is unclear whether Paxton’s team will formally object to Silverman’s appointment.

The parties will hold another hearing on March 20 to hash out any last-minute pre-trial issues.

See here and here for the background. You can now mark March 20 on your calendar and figure out your travel and accommodations plans for April 15.

The Chron adds on.

Brian Wice, one of the prosecutors, said Paxton has been free on bond for most of the case, a privilege people unable to afford bail lack.

“Unlike those folks in the holdover, Paxton is living his best life,” Wice said.

Judge Andrea Beall asked both sides to tally the number of days Paxton had spent behind bars and how many court appearances he had made.

His jail time has amounted to about a day after he quickly made bail. He has appeared in court at least four times in Harris County and other occasions in Collin County, the lawyers said. Cogdell conceded it wasn’t a lengthy amount of time.

Beall said both sides earlier agreed that the April trial date would work with their schedules and dismissed Paxton’s motion. Cogdell described the ruling as expected.

Well, you miss a hundred percent of the shots you don’t take, right? And Paxton’s billionaire buddies are good for the legal bills, so what the hell. My favorite thing about this, other than the ruling itself, is that this is how the headline originally appeared on the Chron’s webpage:

Yep, they filed it under “Local crime”. I can’t think of anything more fitting. The Press has more.

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Mayor Whitmire appoints a new Metro Chair

Congratulations and welcome aboard.

Mayor John Whitmire on Tuesday announced CenterPoint Energy executive Elizabeth Brock would lead the Metropolitan Transit Authority’s board of directors. If approved, Brock would be the first Hispanic woman to lead the transit agency.

“She brings a ‘customer first’ mindset, which is exactly the thinking our community deserves,” Whitmire said in a release announcing the choice. “Safety and reliability are key for all who depend on or commute alongside public transportation. I am confident that Elizabeth will use her results-driven expertise to drive Metro to deliver a user-friendly and fiscally responsible transit system to all. She understands that my priority is providing mobility options for all Houstonians.”

Brock’s appointment as Metro chair is pending approval of the City Council, as well as Metro’s board, which typically accepts the mayor’s choice. She replaces Sanjay Ramabhadran, who served as Metro chairman for two years and as a board member for nearly eight, during which the agency started work on the first projects of its $7.5 billion long-range plan.

[…]

Metro is working with the Federal Transit Administration to finalize its final route and secure environmental approvals for the 25-mile University Corridor bus rapid transit, as well as a $600 million planned BRT line within Loop 610 along Interstate 10.

Much of that progress will be up to Brock and potentially additional new Metro members. As mayor, Whitmire appoints five of the nine members of the Metro board, including naming his preference for chairperson. Tuesday’s announcement only named Brock, leaving the other members in place.

Compared to Turner, who championed transit investment as part of what he called a “paradigm shift” in mobility across the city, Whitmire has been critical of Metro’s recent performance.

In his address after being ceremonially sworn in as mayor, Whitmire blamed Metro for road conditions because “buses tear up streets.” Metro devotes about 20% of its revenue from the 1-cent sales tax it receives to street repairs, as part of the voter-approved general mobility program.

Whitmire has also questioned the rush to some designs. At campaign forums prior to his election, he questioned the immense cost of some Metro projects, relative to Houston’s low transit ridership, and noted that all agencies must heed residents’ concerns about lack of street access and loss of private property.

“The public supports infrastructure,” Whitmire said after a forum on Nov. 15. “But everybody, including Metro, needs to level with them and be transparent about what is going on with some of these plans.”

I don’t know anything about Ms. Brock other than what is in this story, so I don’t have much to say beyond “congratulations and welcome”. I haven’t see much of a reaction from the transit and mobility folks as yet, just this “welcome and let’s work together” statement from LINK Houston. Better than anything oppositional, but it doesn’t give me much to work with. There is as the story notes a bit of apprehension in this community, as well as some words of warning from Harris County and a “don’t mess things up” editorial from the Chron, so it will be nice to get some clarity from the new Chair. Until then, we presume and hope for the best.

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Endorsement watch: Ramirez, Haynes, Watson

Three endorsements for your consideration from the Chron.

Item one: Annette Ramirez for Tax Assessor.

Annette Ramirez

During the last meeting Ed Emmett led as the county judge, back in December 2018, Harris County Commissioners Court unanimously passed a little-noticed change to toll road collections. Instead of contracting with the outside law firm of Linebarger Goggan Blair & Sampson to go after drivers with unpaid tolls, the commissioners decided to transition to handling it in-house through the county attorney.

“During my time here, some of the saddest things I had to deal with were people who had racked up toll road fees that were exorbitant,” Emmett said, recalling constituents who ended up with thousands in fees for a charge that started off around $40.

A curious thing happened once the change went into effect in April 2019. The county didn’t lose revenue even though violation fees charged to drivers dropped by 45%. How is that possible? It seems that the county attorney arranged modified payment plans. More people paid up. The resolution of violations increased by 12%, according to Commissioner Rodney Ellis. The only loser appears to have been a collection firm that lost out on a lucrative and “predatory practice” as Ellis puts it.

How is all this related to the Democratic primary for Harris County Tax Assessor-Collector? We believe what worked with collecting tolls can work with property taxes as well, though it’s a more complex undertaking. We’re supportive of a candidate who can help that happen and leery of one who might try stand in the way. In May 2022, in another little-noticed vote, county commissioners once again were unanimous in asking the county attorney to create a plan to takeover from Linebarger the collection on new cases of people behind on their property taxes.

The five Democratic candidates running for tax assessor-collector all have impressive resumes. Annette Ramirez, 51, has the most relevant experience. As a practicing tax attorney for Aldine ISD, she handled delinquent taxes in-house. She’s done the job the county’s trying to accomplish at a larger scale. There are roughly 40,000 new delinquent accounts per year in Harris County.

We believe Ramirez would be the best partner to work with the county attorney on collecting taxes responsibly and in a way that does not unfairly add fee after fee until homeowners abandon their inheritance. The problem affects low-income communities the most. Many families struggle to figure out who owns a house after a parent dies without a will.

That was a good thing that former Judge Emmett and the Court did. All of the Tax Assessor candidates that I interviewed talked about the topic of delinquent taxes and how best to collect them without forcing a homeowner out of their residence, and they had varying plans for how to do it. You can listen to those interviews, beginning with the one for Ramirez, here:

Annette Ramirez
Danielle Bess
Jerry Davis
Desiree Broadnax
Claude Cummings

Item two: Gemayel Haynes for the new 486th Criminal District Court.

Gemayel Haynes

[Vivian] King, 65, now first assistant to District Attorney Kim Ogg, touts her influence in changing a culture at the DA’s office that under some previous administrations seemed to value winning cases over pursuing justice.

We admire her passion and storied career but considerations of fairness, judicial temperament and a sense of accountability lead us to recommend her opponent, Gemayel Haynes, 41, assistant chief at the Harris County public defender’s office.

Haynes has 16 years in practice compared with King’s 31 years. Like King, he’s worked as a prosecutor and in private practice. He’s never tried a death case; King has tried two, including one that resulted in an acquittal on the capital murder charge. He points out that King has never worked for a public defender’s office, which, to be fair, didn’t exist during much of her career. She did handle appointments to represent criminal defendants.

Haynes says his time at the PD’s office has made his approach more well-rounded, not more lenient: “I can look at things from all angles and I’ve done that my entire career,” he told us in a side-by-side screening with King. “I am not a zealot.”

He says he’s endured personal loss to crime: his cousin was murdered in front of the family home. He understands the great responsibility judges have to weigh defendants’ rights in bail decisions right alongside public safety: “You do have people who are out on bail that make mistakes; they commit new offenses,” he said. “The consequence for that should match the level of the infraction.”

The first few paragraphs are devoted to candidate Vivian King; there’s no mention at all of the third candidate in the race, Roderick Rodgers, who I suppose maybe didn’t show up for the screening. My Q&A with Vivian King is here. Haynes (and for that matter Rodgers as well) did not send me Q&A responses, but he was a candidate in 2022 and filled out my questionnaire for that primary. His responses for when he was running for the 183rd Criminal Court are here.

Item three: Fran Watson for the new Harris County Probate Court #5.

Fran Watson

To shape that shiny new court, we recommend Fran Watson. Her experience working in courtrooms sets her apart from her opponents: She’s currently the staff attorney for Probate Court 2, and has served as an associate municipal judge.

Watson also has a compelling life story. At age 14, after losing her mother to substance abuse, she became her family’s caretaker; and, after too many absences, was expelled from school. She knows, first-hand, the kind of stress felt by the people appearing in probate court.

We were also impressed by probate lawyer Chavon Carr. She advocates adding wraparound services that would help opposing parties find collaborative solutions; and believes that probate courts need to do more outreach, so that everyday people understand things like how much chaos they can spare their loved ones simply by having a will.

Troy Moore, the third candidate in the race, is an experienced probate lawyer.

My Q&A with Fran Watson is here, with Chavon Carr is here, and with Troy Moore is here. It is indeed nice to have good choices.

The Chron’s full list of endorsements so far is here. I’m glad to see the Chron endorsing outside of just the criminal courts, but I sure wish they would take the time to review and endorse in the races for Civil Court as well. There are a lot of contested races over there, and while I have my Q&As and the various club and org endorsements via the Erik Manning spreadsheet, having that extra data point from the Chron is helpful. As a non-lawyer, I appreciate having all the data I can get. Maybe next time.

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Interview with Marquette Greene-Scott

Marquette Greene-Scott

And here we are at the final interview of the cycle (no, I was never able to get something scheduled with Rep. Sheila Jackson Lee), though I may find more to do for the runoffs and the May HCAD election. As noted yesterday, my interest in these last two interviews is to help provide a bit of visibility to candidates in lower profile but still important races who are clearly of higher quality than their opponents. Marquette Greene-Scott is a Louisiana native who transplanted to Fort Bend in 2010. She has been a math teacher at both the high school and collegiate level, and fulfilled a dream of going to law school while a working mom. She has now been a practicing attorney for 19 years, licensed in Louisiana and Texas. She currently serves on the City Council and as Mayr Pro Tem in the city of Iowa Colony. We had plenty to talk about, and you can hear it all here:

PREVIOUSLY:

Karthik Soora, SD15
Michelle Bonton, SD15
Molly Cook, SD15
Rep. Jarvis Johnson, SD15
Todd Litton, SD15
Beto Cardenas, SD15
Annette Ramirez, Tax Assessor
Danielle Bess, Tax Assessor
Jerry Davis, Tax Assessor
Desiree Broadnax, Tax Assessor
Claude Cummings, Tax Assessor
Amanda Edwards, CD18
Pervez Agwan, CD07
Rep. Lizzie Fletcher, CD07
Christian Menefee, Harris County Attorney
Umeka Lewis, Harris County Attorney
Kim Ogg, Harris County District Attorney
Sean Teare, Harris County District Attorney
Danny Norris, HD142
Lauren Ashley Simmons, HD146
Ashton Woods, HD146
Melissa McDonough, CD38
Gion Thomas, CD38
Mo Jenkins, HD139
Charlene Ward Johnson, HD139
Rosalind Caesar, HD139
Nasir Malik, SD07

And that’s a wrap for interviews. I still have a couple of judicial Q&As to run, which you will see shortly. I hope this was helpful to you in making your candidate choices. Early Voting starts on Tuesday and I’ll be all over that. You can keep track of all my interviews and judicial Q&As on the ever indispensable Erik Manning spreadsheet.

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Judicial Q&A: Justice Meagan Hassan

(Note: As I have done in past elections, I am running a series of Q&As for judicial candidates in contested Democratic primaries. This is intended to help introduce the candidates and their experiences to those who plan to vote in March. I am running these responses in the order that I receive them from the candidates. Much more information about Democratic primary candidates, including links to the interviews and judicial Q&As, can be found on Erik Manning’s spreadsheet.

Justice Meagan Hassan

1. Who are you and in which court do you preside?

My name is Meagan Hassan and I am currently a Justice on the Fourteenth Court of Appeals, Place 6.

2. What kind of cases does this court hear?

We handle appeals from every kind of trial court in our ten-county region. We review the record from the trial court, analyze whether any errors were made by the trial judge or the parties, and determine whether questions of law need to be decided or if there is already settled law that determines the outcome. We handle all kinds of cases – from evictions to capital murder, from custody issues to car accidents, from probate issues to large corporate contract disputes; the only things we don’t hear are appeals from death penalty cases and post-trial criminal habeas motions.

3. What have been your main accomplishments during your time on this bench?

The Fourteenth Court of Appeals is the most evenly divided appellate court in the state, with a complement of five Democratic justices and four Republican justices. This requires a great deal of negotiation among the panel members (three on a regular appellate panel; nine when the whole court sits together en banc). I have been responsible for 250 majority opinions from my own chambers, have written 19 concurrences and 30 dissents myself, and have also written three en banc decisions for the majority of the court (among the most that any intermediate Justice in Texas has written in the past five years). Since we were elected in 2018, we have managed to catch up on our previously backlogged docket and we are now deciding cases in a timely manner. I also have made a discernible difference in the jurisprudence of my court and the lives of people who live in this district. I can give you two examples of opinions I wrote where I worked hard to accomplish good for the community and the individuals involved:

The first was a criminal case involving a black man stopped by police in Waller County for a traffic violation. During the course of his 45-minute traffic stop, a burglary took place nearby. After releasing the man from the traffic stop, the officer learned of the burglary and went back to arrest the man for it. He was tried to a jury, convicted, and sentenced to 20 years in state prison. On appeal, I discovered the timeline of the traffic stop and the robbery created an impossibility: the man could not have committed the crime. I was able to convince my panel and write an opinion that reversed and remanded the case to the trial court and showed that he could not have committed the crime. The trial court then dismissed the case and the man was released from prison only 2 years into a 20-year wrongful sentence. August v. State, 588 S.W.3d 704 (Tex. App.—Houston [14th Dist.] 2019, no pet.).

The second case was a parental termination case involving a Honduran immigrant who spoke limited English. When a neighbor called CPS to report her for neglecting her children, she cooperated fully with the investigation. The CPS investigator determined that the claims of neglect were untrue but asked her to take a drug test anyway. The test came back positive for trace amounts of drugs and her children were removed and put into foster care. She eventually could not complete the requirements of the family service plan (which was not provided to her in Spanish as required by law) and her rights to her children were terminated. On appeal, I wrote for an en banc court holding that our previous caselaw that permitted children to be removed from their parents when the parents tested positive for drugs *without any connection to abuse or neglect* was incorrect and reversed 20-year precedent of our court. The Texas Supreme Court thereafter declined to take the case. In re L.C.L., 599 S.W.3d 79 (Tex. App.—Houston [14th Dist.] 2020, pet. denied) (en banc).

4. What do you hope to accomplish in your courtroom going forward?

Appellate justices work differently than trial court judges do. Because we work in panels of three (and sometimes all nine), we have to find common ground and work together to ensure the administration of justice not just for that case, but for the state of the law in the entire region. I will continue to work with my colleagues on both sides of the political spectrum to ensure justice is done for the people we serve.

5. Why is this race important?

These courts are incredibly important to the administration of justice in Texas as a whole. Around 90% of cases that are decided in the intermediate courts of appeals do not get reviewed by the Texas Supreme Court or the Court of Criminal Appeals, so we are the default court of last resort. It matters who we elect to these positions – we need justices who understand the way the law currently works and who have extensive experience (either as judges or litigators) so that we can fairly administer justice for the benefit of the people in our districts. These races are also under attack across the state by big-money interests from the top levels of the Republican Party because we have been so effective in the past five years.

6. Why should people vote for you in March?

I am proud of the work I’ve done in difficult cases on an ideologically divided court. I understand how important it is to work as a team in these positions – we are not single judges that work alone. The quality of the teammates matter and I have the experience and ability to make tough decisions and to follow them up with solid law that can convince my colleagues to join me.

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Food Not Bombs gets temporary ticketing reprieve

Pending a ruling from the judge, so this could be very temporary or it could be for the duration of the lawsuit.

A U.S. District Court judge on Wednesday ordered Houston to temporarily stop enforcing a law that requires city permission before anyone can serve more than five people in need on public property.

The order marked a significant victory for Food Not Bombs, a group that has provided free meals outside of Central Library downtown for roughly two decades and received nearly 100 tickets for doing so since 2023. The ruling is a part of the group’s federal lawsuit against the city claiming that the food service is a form of constitutionally protected protest. To win a preliminary injunction, the lawyers had to prove that they were likely to win at trial and that irreparable harm could happen if the court did not intervene.

“It’s beautiful to see that common sense will prevail,” said Brandon Walsh, the named plaintiff. Requests for comments from the city were not immediately returned Wednesday evening.

Food Not Bombs must pay a bond of $25,000, according to the ruling. The bond will be lowered to $2,500 if the group agrees to provide trash receptacles and hand sanitizing stations, as well as ensure people do not block the street and sidewalk during meals. Those members who serve food must also attend a food safety training session.

During the two-hour hearing Monday afternoon, Judge Andrew Hanen asked about the city’s regulations on giving food to those in need. Food Not Bombs argued he should view the case as a First Amendment issue, saying the law wrongfully abridged the rights of a group to protest government spending on defense when basic needs went unmet. City attorneys countered that it was a matter of public health, and the city needed to make sure people were safe from food poisoning or disease spread by vermin.

The Houston ordinance at stake is known as the city’s food-sharing ordinance. Passed in 2012, the law makes it illegal to give away more than five meals to people in need without permission from the property owner, even if the property is public, such as a sidewalk. The mayor at the time, Annise Parker, gave permission to continue sharing meals outside Central Library, where the informal group of volunteers had been serving for roughly a decade.

In 2023, then-Mayor Sylvester Turner made changes. The Houston Health Department updated its policy to require that every approved charitable food location on public property have 10 dedicated parking spaces and two portable restrooms with handwashing stations that would be available all day, every day. The city installed restrooms and handwashing stations at its only approved location — a police parking lot on Reisner Street near the Municipal Courthouse.

Houston also began paying a nonprofit with a long history of serving the homeless to provide meals at the site on the same evenings that Food Not Bombs serves outside the library. Officers warned Food Not Bombs that it would no longer be allowed to provide food at its customary location and encouraged the group to relocate to the Reisner Street lot.

But volunteers continued to provide meals outside the library, arguing the city law was immoral, necessitating civil disobedience. Houston police officers in March started ticketing Food Not Bombs, and Turner took to social media to say that he believed the meals brought homeless people to the area and discouraged families from using the library.

See here for the background and read the rest, there’s a good summary of the arguments and the questions the judge was asking. I’m a little skeptical of the plaintiffs’ case but I don’t think it’s implausible and I can see how the judge might accept it. I also don’t think what the city is trying to do is unreasonable; as the story notes, the city is using its approved location for charitable feeding as part of its strategy to provide housing to those who need it. Maybe they’re being too rigid, maybe they’re stretching things to make their point, I don’t know, but they’re not doing this arbitrarily. What I’d really like here is for the city and Food Not Bombs negotiate an agreement that works for everyone, because what’s been happening does no one any good. I don’t know how to get there from here, but perhaps the forthcoming ruling will provide some direction and/or incentive towards that end. I’ll keep an eye on this.

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Dispatches from Dallas, February 16 edition

This is a weekly feature produced by my friend Ginger. Let us know what you think.

This week, in news from Dallas-Fort Worth, we have election news of all sorts leading into the primary. Early voting starts next week! We also have a grab bag of items from the last six weeks from the hotel explosion in Fort Worth last month to the unveiling of a new mural honoring Juanita Craft in South Dallas last week. We also have another zoo baby for you to enjoy!

This week’s post was brought to you by the music of Ludovico Einaudi.

Let’s start with election news. As you know, we’re about to start voting in the primaries in this part of Texas, and a lot of people have opinions.

The Fort Worth Report ran stories about the Republican debates they sponsored for Tarrant County candidates last week. This week they have the Democratic candidate debates for CD 12, HD 97, and Tarrant County precinct 1. Here’s a second story about the Precinct One Democratic race. In Precinct 8, we have a residential eligibility case that will be heard on March 1. The Star-Telegram has a voter guide out for Fort Worth and Tarrant County including an overview, the Star-Telegram’s recommendations, and sample ballots for both primaries.

Meanwhile, in Dallas, we have the DMN’s recommendations, which are mostly pro-incumbent and anti-Paxton on the Republican side, including Craig Goldman in CD 12 and Frederick Frazier as the best of a bad lot in HD61. (He’s the sign stealer.) Which is not to say they won’t choose none of the above or even withdraw a recommendation the way they did in the Republican primary in SD 30 when their man turned out to be open to secession. Their ballot guide will generate the set of candidates on each side of the aisle for your address.

There’s also a grab bag of local stories that might interest folks:

And last but not least, because everybody should know about this one: Laura Pressley, a voter fraud activist from Austin, held a poll watcher training session at a church in Arlington on Tuesday. When a Star-Telegram reporter turned up to check it out, they refused the reporter entry. I don’t usually do archive links but I really want you to read this story, so please take a look.

In other news:

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Interview with Nasir Malik

Nasir Malik

My next two interviews, the last two that I have completed for this cycle, were not ones that I had originally planned on doing but were inspired in part by the Chronicle endorsements of the candidates involved. Because of my interest in interviewing candidates, I generally try to stay neutral so that everyone is able to trust me. There are obviously exceptions, and one of them is in races where there’s a candidate who’s making a clear effort and one who’s done nothing other than pay the filing fee. Both of these races and these candidates match that profile, and so today I’m talking to Nasir Malik, who is taking on Paul Bettencourt in SD07. Malik is an immigrant, a businessman in the residential construction industry, a volunteer in Klein and Humble ISD Mentoring programs, and unlike the incumbent someone who will work to make his district and the state a better place. This race is a longshot by any definition but we’re never going to make progress if we don’t have good people willing to run in them, and the least I can do is highlight those folks for you. So here’s my interview with Nasir Malik:

PREVIOUSLY:

Karthik Soora, SD15
Michelle Bonton, SD15
Molly Cook, SD15
Rep. Jarvis Johnson, SD15
Todd Litton, SD15
Beto Cardenas, SD15
Annette Ramirez, Tax Assessor
Danielle Bess, Tax Assessor
Jerry Davis, Tax Assessor
Desiree Broadnax, Tax Assessor
Claude Cummings, Tax Assessor
Amanda Edwards, CD18
Pervez Agwan, CD07
Rep. Lizzie Fletcher, CD07
Christian Menefee, Harris County Attorney
Umeka Lewis, Harris County Attorney
Kim Ogg, Harris County District Attorney
Sean Teare, Harris County District Attorney
Danny Norris, HD142
Lauren Ashley Simmons, HD146
Ashton Woods, HD146
Melissa McDonough, CD38
Gion Thomas, CD38
Mo Jenkins, HD139
Charlene Ward Johnson, HD139
Rosalind Caesar, HD139

This is it, the final week before Early Voting. You can keep track of all my interviews and judicial Q&As on the ever indispensable Erik Manning spreadsheet.

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Judicial Q&A: Judge Cheryl Elliott Thornton

(Note: As I have done in past elections, I am running a series of Q&As for judicial candidates in contested Democratic primaries. This is intended to help introduce the candidates and their experiences to those who plan to vote in March. I am running these responses in the order that I receive them from the candidates. Much more information about Democratic primary candidates, including links to the interviews and judicial Q&As, can be found on Erik Manning’s spreadsheet.

Judge Cheryl Elliott Thornton

1. Who are you and what are you running for?

I am JUDGE CHERYL ELLIOTT THORNTON, Judge of the 164th Civil Judicial District Court. I am a native Houstonian who has practiced primarily civil law for over 35 years. I graduated from Lamar High School in Houston, Texas and received my BA from Trinity University and my MA from St. Mary’s University both in San Antonio, Texas. I received my JD from Thurgood Marshall School of Law. I am married to Peter Thornton, my campaign manager and retired professor from Texas Southern University.

2. What kind of cases does this court hear?

This is a civil court which hears cases with damage claims from $200 to ad infinitum. It is the trial court of general jurisdiction for most civil cases. In Harris County this court hears such cases as personal injury, employment, election, property, contracts, debts and civil cases which are not otherwise assigned to other civil courts.

3. What have been your main accomplishments during your time on this bench?

One of the initial accomplishments after taking the bench was to bring stability to this court as the Presiding Judge of the 164th Civil Judicial District Court. This Court faced additional hardships other than the freeze, sharing courtrooms due to the great flood and hurricane displacement. It also had a leadership void since it lacked a permanent Judge for almost two years. Together with my great team we were able to safely do trials even in the pandemic and began to tackle the backlog in the Court which was the result of all of the before mentioned hardships. We also began and still allow Zoom hearings which has proven to be invaluable in assisting with the backlog.

4. What do you hope to accomplish in your courtroom going forward ?

I hope to continue to move cases along as expeditiously as possible. It is my goal to have cases completed within one year. When I took the bench my oldest case was a 2009. Through hard work I have addressed the backlog and have made significant headway and will continue to do so in my second term.

5. Why is this race important?

This race is so important because, again, this community, Harris County, must decide what type of leadership it desires. It must decide does it want a Judge who has the experience which should be required for the position such as myself who has practiced in the district courts for over 30 years as a civil litigator and who has the requisite judicial experience. Or by stark contrast, is it looking for an individual who has never practiced in the civil district courts but ran for this court because it had the shortest line. I believe, again, the right choice will be made and the voters will choose a person of CHARACTER, EXCELLENT EXPERIENCE that they can TRUST. The voters will reelect JUDGE CHERYL ELLIOTT THORNTON.

6. Why should people vote for you in the March primary?

In initially running for this seat I stated that the people should vote for me because I not only have the needed legal skills, but I also possess the social skills needed to properly service the people that come before this court. By electing me in 2020 to be Judge of the 164th Civil District Court I have shown that faith in me was justified. I am the proven commodity and have proudly and efficiently served as the Presiding Judge of the 164th Civil Judicial District Court. Further, I am the only one in this race who has had experience practicing in the district courts prior to taking office. My opponent has NEVER practiced before any civil district court and is in no way qualified to hold the position of Civil District Court Judge.

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Two Congressional race updates

This story uses the throughline of John Whitmire’s election as Mayor to discuss the SD15 and CD18 primaries, but I’m just going to focus on the latter.

Rep. Sheila Jackson Lee

After losing the mayoral election by nearly 30 percentage points, [Rep. Sheila] Jackson Lee has not left the campaign trail. The incumbent, first elected to Congressional District 18 in 1994, faces a well-funded challenge from a former opponent in the mayor’s race, Amanda Edwards.

[…]

Edwards, a Houston native who grew up in the district, previously was a Houston City Council member, a candidate for U.S. Senate and candidate for Houston mayor prior to announcing her bid for Congress.

The 42-year-old lawyer was part of the crowded field vying for Houston mayor last year.

Seven months before the November General Election, Jackson Lee made a late entrance to the race. Seeing no path to victory after Jackson Lee’s announcement, Edwards dropped out in June, endorsed Jackson Lee for mayor, then said she was running for Jackson Lee’s seat.

Congressional District 18 includes much of Houston’s core, then expands north to the Harris County border. The deep blue district is 46 percent Hispanic, 31 percent Black, 23 percent white, and 5 percent Asian.

Since Jackson Lee’s 1994 election, she has been reelected 14 times, often uncontested and never with less than 70 percent of the vote.

If Jackson Lee were elected mayor, Edwards would have been the clear favorite to represent the district in Washington. Instead, Edwards now finds herself squaring off against her old boss. She has not pointed to significant policy differences between herself in Jackson Lee; rather, she’s arguing the district is ready for fresh ideas.

“A lot of that case is being made by the residents themselves,” Edwards said. “They are feeling very shut out from what’s happening in Washington.”

Jackson Lee did not respond to requests for comment.

The 74-year-old congresswoman said during a December news conference that she still is a change agent on Capitol Hill, and her longevity in office is a benefit to her district and the city as a whole.

During the news conference announcing her run for re-election, Jackson Lee cited unfinished business in Congress, including immigration reform, upcoming appropriations from the Bipartisan Infrastructure Law and a desire to complete the Emancipation Trail that runs from Galveston to Houston.

Amanda Edwards

Edwards said her No. 1 issue if elected would be expanding access to healthcare in the district, noting the loss of her father to an aggressive form of cancer when she was 17.

Edwards has taken advantage of her congressional campaign’s six-month head start.

She raised $269,000 across the last three months of 2023, according to Federal Election Commission Records. Jackson Lee, who was running for mayor for much of that time, only raised about $23,000 for her congressional campaign fund during that period.

Edwards ended 2023 with just under $856,000 cash on hand. Jackson Lee ended the year with $223,000 cash on hand, according to the FEC.

Despite her financial advantage, Edwards faces an uphill battle to unseat Jackson Lee, Sims said.

“(Edwards) has the money to execute a good campaign, but any challenger to a Congressional incumbent in the United States is at a disadvantage, especially one as long as Sheila Jackson Lee,” Sims said.

Jackson Lee does not need much money because she already is so well known within the district, Sims added.

My interview with Amanda Edwards is here; as noted before, I was not able to get one scheduled with Rep. Jackson Lee. I largely agree with Nancy Sims, though with somewhat less certainty. People know Rep. Jackson Lee. She represents the district well, and that seniority she has is not to be discarded lightly. She’s garnered most of the group endorsements – I cannot wait to see what the Chron writes – but Amanda Edwards has done pretty well with endorsements from various officeholders and other local leaders. The million-plus bucks she’s raised is impressive in its own way, and she’s got ads running now. SJL is the favorite until proven otherwise, but she has easily the biggest fight of her career on her hands.

Meanwhile, over in CD07, we have some nasty fake texts going around.

U.S. Rep. Lizzie Fletcher’s campaign on Friday suggested her primary opponent was behind fake text messages sent to voters in Congressional District 7 touting her support from a pro-Israel lobbying group less than two weeks before early voting begins.

A statement from Fletcher’s campaign implied the fake texts, which celebrate Israel’s “right to defend itself against terrorists,” originated with her opponent Pervez Agwan’s campaign or his supporters.

“These text messages misappropriating the Congresswoman’s name and likeness are deceitful, misleading, and an unlawful attempt to confuse and influence voters in the Democratic primary election,” Fletcher campaign Political Director Collin Steele wrote in a statement. “Our campaign is exploring options to address this egregious misconduct. Whether this attempt to disrupt American democracy is coming from the Agwan campaign, his supporters, or somewhere else, it must stop immediately.”

The texts claim to be coming from Fletcher’s campaign and celebrates an endorsement she actually has received: that of the campaign arm of pro-Israel lobbying group the Israel American Public Affairs Committee. Fletcher lists the endorsement on her campaign website.

[…]

The fake Fletcher texts were sent weeks after the New Hampshire attorney general’s office said it was investigating robocalls that used artificial intelligence to mimic President Joe Biden’s voice and discourage voters from participating in the state’s primary elections, and concerns about election interference are heightened around the country.

My interview with Rep. Fletcher is here and with Pervez Agwan is here. We will never know the origin of these texts. In theory, if one can get access to the right log files, one might be able to trace it back to a domain or IP address, but that too is likely to be a dead end unless the sender was especially careless. Fake communications of various kinds are a tale as old as the communication technology in question, but the advent of AI and the increased willingness of foreign actors to meddle in various ways really ups the stakes. We need to invest some real money in figuring out better ways to detect and block this sort of thing, and pass laws that allow for real consequences for the miscreants. It’s only going to get worse from here otherwise.

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Texas blog roundup for the week of February 12

Mike Johnson can’t stop this week’s Texas Progressive Alliance roundup from being passed onto you.

Continue reading

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We have HCAD candidates

I promised you last week I would check again to see who if anyone had filed for those new HCAD Board Member positions. Here I deliver on that promise. I inquired again with the County Judge’s office, and was given the following:

Place 1: Ramsey Isa Ankar and William Reinhardt Frazer

Place 2: Kyle Anthony Scott, Janice W. Hines, and Austin Ryan Pooley

Place 3: James L. Bill, Amy Ngo Lacy, and Ericka McCrutcheon

For Place 1, William Reinhardt Frazer is Republican Bill Frazer, former two-time candidate for City Controller. I have no idea who “Ramsey Isa Ankar” is – Google was inconclusive, and I didn’t find anyone obvious by that name on Facebook.

For Place 2, Kyle Anthony Scott is the Republican former candidate for Harris County Treasurer. Austin Ryan Pooley is a Democrat who actually reached out to me to ask about this position; I answered his questions as best I could and he wrote back to confirm that he had filed. I have no idea who “Janice W. Hines” is – as above, Google was inconclusive, and I didn’t find anyone obvious by that name on Facebook.

For Place 3, Ericka McCrutcheon is the Republican two-time candidate for Houston City Council, most recently in 2023. Amy Ngo Lacy is an attorney whose political orientation I can’t confirm. There’s an Amy Ngo who is a Democrat and member of the Sheila for Congress (Re-Elect) group, but I can’t say for sure this is the same person. I didn’t find anyone of interest named “Amy Lacy” on Facebook, and “Amy Ngo Lacy” mostly gives me the same unhelpful results. As for “James L. Bill”, I’m sure you can imagine how good the Google results for that were.

So as of Thursday morning, we have a Republican and a cipher for Place 1, a Republican and a Democrat and a cipher for place 2, and a Republican and a maybe-Democrat and a cipher for Place 3. Some room for improvement here, but the filing deadline is not until tomorrow at 5 PM, so there’s still time. If you know anything about these people or about others who may be running, please leave a comment and let us know.

Oh, and I have finally found a single news story about this election, on the Texas Scorecard, written by the guy who occasionally contributes Bill King Lite op-eds to the Chron and who clearly sent a similar email to the County Judge’s office to inquire about this but just printed the list without bothering to try to identify any of them. Great work there.

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Interview with Rosalind Caesar

Rosalind Caesar

Once more into HD139, where this time we meet up with political veteran Rosalind Caesar. Caesar currently serves on the Board of Harris County Municipal Utility District (MUD) 304, which provides “water, wastewater and in some cases, drainage services” to residents within its boundaries. A graduate of Huston Tillotson University with a degree in Criminal Justice, Caesar has worked with the Texas Department of Criminal Justice and has been an adjunct professor. She has also been a precinct chair, has worked on numerous local campaigns, and is an active member of the Spiritual Advisory Committee of the Texas Coalition of Black Democrats. Here’s what we talked about:

PREVIOUSLY:

Karthik Soora, SD15
Michelle Bonton, SD15
Molly Cook, SD15
Rep. Jarvis Johnson, SD15
Todd Litton, SD15
Beto Cardenas, SD15
Annette Ramirez, Tax Assessor
Danielle Bess, Tax Assessor
Jerry Davis, Tax Assessor
Desiree Broadnax, Tax Assessor
Claude Cummings, Tax Assessor
Amanda Edwards, CD18
Pervez Agwan, CD07
Rep. Lizzie Fletcher, CD07
Christian Menefee, Harris County Attorney
Umeka Lewis, Harris County Attorney
Kim Ogg, Harris County District Attorney
Sean Teare, Harris County District Attorney
Danny Norris, HD142
Lauren Ashley Simmons, HD146
Ashton Woods, HD146
Melissa McDonough, CD38
Gion Thomas, CD38
Mo Jenkins, HD139
Charlene Ward Johnson, HD139

This is it, the final week before Early Voting. You can keep track of all my interviews and judicial Q&As on the ever indispensable Erik Manning spreadsheet.

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Judicial Q&A: Ashley Mayes Guice

(Note: As I have done in past elections, I am running a series of Q&As for judicial candidates in contested Democratic primaries. This is intended to help introduce the candidates and their experiences to those who plan to vote in March. I am running these responses in the order that I receive them from the candidates. Much more information about Democratic primary candidates, including links to the interviews and judicial Q&As, can be found on Erik Manning’s spreadsheet.

Ashley Mayes Guice

1. Who are you and what are you running for?

My names is Ashley Mayes Guice and I am running to become the next Judge of Harris County Criminal Court at Law #16, the only one of the sixteen misdemeanor courts on the ballot this election cycle. I’m a native Houstonian who is married to Jonathan Guice, an Army veteran who works for the U.S. Department of Veterans Affairs; we are the parents to two wonderful kids. I hold a BSM from Tulane University in Business Management and Legal Studies in Business. I received my JD and a Graduate Diploma in Comparative Law from Louisiana State University in May 2011.

2. What kind of cases does this court hear?

This court primarily hears Class A and Class B misdemeanors like DWI, Assault, and Theft – to name just a few. County Criminal Courts at Law also have appellate jurisdiction in Class C misdemeanor cases appealed from lower courts. Petitions for Occupational Driver’s Licenses and Administrative License Revocation Hearing appeals are also handled in this court.

3. Why are you running for this particular bench?

I have been working with the Harris County Criminal Courts at Law for the past two years – first as a judge, currently as Staff Attorney. I am eager to get back to this County Criminal Court bench to further demonstrate my capabilities of running an efficient docket while ensuring that the law is followed. I am eager to create new programming within the B.A.Y.O.U. Community Court that was established in 2022 as the community outreach arm of the Harris County Criminal Courts at Law. I consider myself a servant-leader and want to do my part to help people on the bench and off the bench. Lastly, as a misdemeanor judge you encounter many people who are experiencing their first brush with the law. I want to be a judge who helps those individuals turn things around in a meaningful way so they avoid any future trips through the criminal justice system.

4. What are your qualifications for this job?

I have practiced criminal law for over 12 years. I started in 2011 as a private criminal defense attorney. In 2013 I became a prosecutor with the Harris County District Attorney’s Office where I worked my way up to a senior-level felony prosecutor with nearly 30 trials under my belt. In 2019 I returned to my criminal defense roots as a Public Defender in the Felony Trial Division of the Harris County Public Defender’s Office representing indigent defendants charged with anything from state jail felonies up to first degree felonies. I worked there until January 2022, when Harris County Commissioners Court appointed me to serve out the rest of the year as the Presiding Judge of Harris County Criminal Court at Law #3. Due to the timing of my appointment I was not able to run for that bench as an incumbent in 2022. During my 11 months on the bench I presided over 4 jury trials and decreased the docket size by about 20%. At the end of my appointed judicial term the County Court at Law judges voted to hire me as their Staff Attorney, which is my current role. As Staff Attorney I serve as a legal resource to the Harris County Office of Court Management and all 20 of the Harris County Courts at Law judges. In my current position I must draw on the knowledge I gained as a practicing attorney and judge, but the job also requires an understanding of the administrative aspects of supporting the judiciary so that courts function properly.

Given my very diverse background in criminal law, I believe I am uniquely qualified to be the next Judge of Harris County Criminal Court at Law #16. I bring a unique perspective having previously been a judge, prosecutor, defense attorney, and a staff attorney providing legal counsel to judges. I will be more than ready to hit the ground running on day one in Court #16.

5. Why is this race important?

I am out meeting voters and the two issues that they discuss most with me are case backlogs and bail reform. Harris County Criminal Courts at Law are making positive strides on both of those issues. The backlog has been slashed by more than 50% across all courts. The number of defendants being held in pre-trial custody on only a misdemeanor charge is minimal, which is a result of judges following the law on bail not using bail as an instrument of oppression that disproportionately impacts the poor. Voters should be looking to cast their vote for a candidate that understands – and can continue making forward progress on – these issues. I am that candidate.

6. Why should people vote for you in March?

When I took the bench in Harris County Criminal Court at Law #3 in February 2022 there were 1,971 cases pending. When my judicial appointment ended in December 2022 there were 1,593 and Court #3 had one of the smallest county criminal dockets. That does not magically happen. That is evidence of my hard work, my ability to run a courtroom efficiently, and my commitment to prioritizing backlogged cases so they can be resolved in a more timely manner.

My opponent has been practicing law longer than I have. However, the quality of my 12+ years of experience should not be dismissed because of the quantity of years my opponent has practiced. I’ve handled and tried misdemeanor and felony cases just like my opponent. But I am the only person in this race that has successfully presided over a court as a judge. I am the only person in this race that possesses a keen familiarity with the administrative processes and procedures that support the daily functioning of the county court system. It is my job to help judges with any of their legal questions. I know what it takes to be a judge and your vote will allow me the honor of returning to the bench to complete the work I started in 2022. Again, I am ready to hit the ground running on day one!

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The Trib covers SD15

There should be more of this.

The last time Senate District 15 was an open seat was 1982 — before some of the candidates currently running for it were born.

But after four decades, John Whitmire, the former Senate dean who was elected Houston mayor in December, has moved on. The rare opening is fueling a competitive, six-way Democratic primary for the solidly blue, Houston-based seat in the Legislature’s upper chamber.

The Democratic candidates to succeed him are aligned on most big issues but touting different backgrounds and coalitions of support as they approach a gauntlet of elections this year. There is the March 5 primary, a May special election to finish the rest of Whitmire’s term — and potential runoffs to go with both of those — and then the November election.

“There’s lots of layers to this race,” said Art Pronin, a longtime Democratic activist in the Meyerland area.

The field features a sitting state representative — Jarvis Johnson — plus Whitmire’s 2022 primary challenger, Molly Cook, and the Democrat who first ran against U.S. Rep. Dan Crenshaw, R-Houston, six years ago, Todd Litton. There is also Karthik Soora, a renewable energy developer who was the first to declare when Whitmire was still the incumbent; Alberto “Beto” Cardenas Jr., a lawyer who has a long history in Houston civic life; and Michelle Anderson Bonton, executive director of the Anderson Center for the Arts.

The district is widely diverse — people of color are 71% of the population. Johnson and Bonton are Black, Cardenas is the only Hispanic candidate and Soora is Indian American.

The seat is solidly Democratic, though it overlaps with territory where voters have helped Democrats gain new ground in the Donald Trump era, like the 7th Congressional District.

“They want a fighter,” Pronin said of SD-15 voters, but also “you’ve got a lot of practical Democrats here.”

That dynamic is especially relevant in the current Senate, where Democrats are the minority party and must grapple with a lieutenant governor, Dan Patrick, who tolerates little dissent. At a recent forum hosted by the Meyerland Area Democrats Club, candidate after candidate vowed to stand up to Patrick while also finding common ground with Republicans on issues important to the district.

There’s more so read the rest. I know there’s a lot going on in the world and only so much space and energy can be devoted to legislative primaries, but this is a pretty important one and I wish it had gotten more news coverage. You at least can listen to the interviews I did with each of the candidates if you haven’t already done so. Here they are for your convenience, in the order they ran:

Karthik Soora
Michelle Bonton
Molly Cook
Rep. Jarvis Johnson
Todd Litton
Beto Cardenas

It’s a very competitive race in terms of fundraising, endorsements, candidate visibility, and more. I can make a case for just about every possible runoff combination. Get to know them and know who you’re voting for.

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Paxton prosecutors respond to his “but I’m an orphan!” motion

They’ll fight it out on Friday.

A crook any way you look

Texas Attorney General Ken Paxton will be in a Houston court Friday in a nearly 9-year-old securities fraud case he is now seeking to dismiss.

Paxton could face trial as early as April 15. But as that trial date approaches, his lawyers are asking a judge to toss the case, arguing that lengthy delays have violated his constitutional right to a speedy trial.

“At minimum, the State’s inactivity imposed additional and entirely foreseeable — and unnecessary — worry, anxiety, employment and financial difficulties, and frustration upon Paxton,” his defense team argues.

The special prosecutors in the case have countered that Paxton himself is responsible for much of the delay and that his legal team could have argued for a speedy trial while the case languished during several rounds of appeals.

[…]

Pressing to continue toward trial, the prosecutors argue that Paxton’s political victories, including fending off impeachment, are proof that the pending case has caused the attorney general little strain. Since he was indicted, Paxton has been reelected attorney general twice and become one of the most visible state attorneys general in the country.

“To be sure, Paxton has spent considerable time under indictment and spent a considerable amount of money to defend himself,” the prosecutors argue. “But to be equally sure, he has done so while on bond, with a team of high-price lawyers, and a cadre of surrogates, spokespersons and sycophants who continue to spread his truth – not the truth – that he is the victim of a witch hunt.”

See here for the background. This is more or less how I would have responded – I’m sure the prosecutors are greatly relieved to hear that – and it seems clear to me that this should carry the day. I mean, it just would be ridiculous to come this far and then decide we took too long to get here. Let that be an argument for appeal after Paxton gets convicted. That’s more than my one-word initial reaction, but it comes from the same place. We’ll see how it goes. Reform Austin has more.

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Interview with Charlene Ward Johnson

Charlene Ward Johnson

Next up in HD139 is Charlene Ward Johnson, who has served on the HCC Board of Trustees since winning a special election to fill the seat left vacant by Rhonda Skillern-Jones in 2022. On the HCC Board she is the chair of the Academic and Student Affairs Committee and also serves on the Public Policy & Advocacy Committee on the Association of Community College of Trustees. A UH graduate with a master’s in organizational management, she has worked in the electric utility and customer service industry for over 25 years. She volunteers with multiple community organizations, including as a Board Member on the University of Houston Alumni Foundation. I interviewed her for that HCC race in 2022, which you can listen to here. My interview with her for this race is here:

PREVIOUSLY:

Karthik Soora, SD15
Michelle Bonton, SD15
Molly Cook, SD15
Rep. Jarvis Johnson, SD15
Todd Litton, SD15
Beto Cardenas, SD15
Annette Ramirez, Tax Assessor
Danielle Bess, Tax Assessor
Jerry Davis, Tax Assessor
Desiree Broadnax, Tax Assessor
Claude Cummings, Tax Assessor
Amanda Edwards, CD18
Pervez Agwan, CD07
Rep. Lizzie Fletcher, CD07
Christian Menefee, Harris County Attorney
Umeka Lewis, Harris County Attorney
Kim Ogg, Harris County District Attorney
Sean Teare, Harris County District Attorney
Danny Norris, HD142
Lauren Ashley Simmons, HD146
Ashton Woods, HD146
Melissa McDonough, CD38
Gion Thomas, CD38
Mo Jenkins, HD139

This is it, the final week before Early Voting. You can keep track of all my interviews and judicial Q&As on the ever indispensable Erik Manning spreadsheet.

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Judicial Q&A: Justice Peter Kelly

(Note: As I have done in past elections, I am running a series of Q&As for judicial candidates in contested Democratic primaries. This is intended to help introduce the candidates and their experiences to those who plan to vote in March. I am running these responses in the order that I receive them from the candidates. Much more information about Democratic primary candidates, including links to the interviews and judicial Q&As, can be found on Erik Manning’s spreadsheet.

Justice Peter Kelly

1. Who are you and in which court do you preside?

Justice Peter Kelly, First Court of Appeals, Place 9.

2. What kind of cases does this court hear?

Civil and criminal appeals. “Civil” includes traditional business and personal injury lawsuits, family, probate, landlord-tenant, and juvenile justice matters. We sit in panels of three, and only hear argument from lawyers–we do not decide facts, so we do not preside over juries, and the vast majority of the cases are decided on the briefs or written submissions of the parties. Unlike the Texas Supreme Court or the Court of Criminal Appeals, which are courts of discretionary review (meaning they can pick and choose which cases they want to hear), we must resolve every case presented to us.

3. What have been your main accomplishments during your time on this bench?

Efficient resolution of cases, with well-written opinions. We strive to reach the substantive merits of each case, and not dispose of them on technicalities. Prior to my election, I practiced civil appellate law for more than twenty years (and received board certification in the field along the way) and have been on the select Texas Supreme Court Advisory Committee for over a decade. This experience has given me the technical expertise to craft resolution of cases that are fair, equitable, and just, and that will not be reversed by the Texas Supreme Court.

4. What do you hope to accomplish in your courtroom going forward?

More of the same! As an intermediate appellate court, we are bound to follow the statutes passed by the Legislature and interpreted by the Texas Supreme Court. I will continue to nudge the law in a more fair direction, to ensure those who are negligent are held responsible for their actions.

5. Why is this race important?

The US Supreme Court decides some truly important issues, but the vast majority of one’s daily life is governed by state law, and conflicts are resolved by state courts. Divorces, wills, mortgages, insurance and real estate disputes, almost all of criminal law–all governed by state law. Because the Texas Supreme Court and Court of Criminal Appeals only take 150 cases a year between them, the intermediate appellate courts such as mine are the last stop for most litigants. Experience and in-depth knowledge of procedure are crucial to reaching proper and fair results in the cases we hear.

6. Why should people vote for you in March?

I am a lifelong progressive Democrat–I worked on the Carter and Mondale campaigns–and I have the skills and expertise to render justice fairly. The office is a public trust–it should not be given to someone who simply wants it, but to someone who has worked to get the experience to do it well.

Posted in Election 2024 | Tagged , , , , , , | 1 Comment

HISD chooses its longer year calendar

Plan your vacations accordingly.

Houston ISD’s appointed Board of Managers unanimously approved a new academic calendar on Thursday that will start the next school year earlier in August and add more days of instruction to students’ schedules.

Under the finalized calendar, HISD students will start class on Aug. 12, more than two weeks earlier than this year’s Aug. 28 start date, and leave for summer on June 4. The new calendar will provide 180 days of instruction, up from 172 this year.

“We know that the school calendar impacts the lives of many families so I am glad that HISD implemented a process this year that allowed for significant input from the community,” HISD Board President Audrey Momanaee said in a statement. “We want to thank those who shared their thoughts and comments with us as they were instrumental in the process. This approved calendar reflects the District’s effort to ensure students have the learning time they need while balancing the needs of our diverse community.”

[…]

The final calendar includes fall and spring holidays on Rosh Hashanah, one of the Jewish High Holidays, and Good Friday, the Christian holiday commemorating the crucifixion of Jesus Christ. The Muslim holiday of Eid al-Fitr — which marks the end of Ramadan and was recognized as an HISD holiday for the first time last year — and Chavez Huerta Day, which HISD has recognized as a holiday since 2020, both fall on March 31 in 2025, and students will receive that day off as well.

Students and employees will get a full week off for Thanksgiving in November, and a two week winter break from Dec. 23 to Jan. 3. The weeklong spring break will extend from March 10 to 14. In total, the calendar provides students with 11 holidays and includes nine staff development days throughout the year.

See here for the previous update. Daughter #2 will be a senior this fall, so I only have to deal with this for one year. The rest of you, I say godspeed.

On a side note, I commend you to read this.

Any school district always has a certain amount of angst going on at any time among parents and staff but with what seems to be a record-setting amount at HISD right now, where can parents appeal to?.

In years past, parents, school staff and communities would take their complaints to the administration yes, but equally if not more so to individual members of the elected school board. They’d get on the phone, write letters and emails, stop trustees when they were in the area and share their concerns. Trustees were elected to represent their interests.

It’s different now. Superintendent Miles and his administration are charged with doing all the fixing. The Board of Managers are supposed “to govern” they’ve been told. They set policy and see that the superintendent carries it out. It is a distanced approach that (we hope) keeps them away from direct intervention with vendors but gives the public little additional access to getting their complaints listened to.

Board members remain cyphers in many respects, known mostly for their unanimous, unexplained votes — a frustrating situation for many in the community.

There is a way to get to know them. It involves watching them go through the kind of group exercises that can be tedious to endure but are oh so revealing about what they think now and where they are heading.

If they won’t talk about much of anything at their board meetings, attend a board workshop and get more than a glimpse of what these trustees are about. Listen and don’t interrupt with words of wisdom from the floor. Not because you don’t have anything worthwhile to say. You do.

But you already know what you think. They already know what you think. The point is to learn what and how they think.

Margaret Downing’s been to a few HISD Board meetings in her day, and this was one of the more insightful things I’ve read about the state of the district now. Check it out.

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Interview with Mo Jenkins

Mo Jenkins

Believe it or not, early voting for the 2024 primaries begins next week. I have a full week of interviews to bring you to get us there. The first three will be for the open seat in HD139, and the first candidate I have for you is Mo Jenkins. Jenkins already has a bunch of legislative experience, working as a staffer for Rep. Abel Herrero, where as the Committee Director for the House Corrections Committee, she has played a pivotal role in legislative successes, including defeating school vouchers and establishing the Open Burn Pits Registry Fund. She has lived through homelessness and the foster care system, and would be the first transgender person to serve in the Legislature if elected. She was just endorsed by the Chronicle. Here’s the interview:

PREVIOUSLY:

Karthik Soora, SD15
Michelle Bonton, SD15
Molly Cook, SD15
Rep. Jarvis Johnson, SD15
Todd Litton, SD15
Beto Cardenas, SD15
Annette Ramirez, Tax Assessor
Danielle Bess, Tax Assessor
Jerry Davis, Tax Assessor
Desiree Broadnax, Tax Assessor
Claude Cummings, Tax Assessor
Amanda Edwards, CD18
Pervez Agwan, CD07
Rep. Lizzie Fletcher, CD07
Christian Menefee, Harris County Attorney
Umeka Lewis, Harris County Attorney
Kim Ogg, Harris County District Attorney
Sean Teare, Harris County District Attorney
Danny Norris, HD142
Lauren Ashley Simmons, HD146
Ashton Woods, HD146
Melissa McDonough, CD38
Gion Thomas, CD38

This is it, the final week before Early Voting. You can keep track of all my interviews and judicial Q&As on the ever indispensable Erik Manning spreadsheet.

Posted in Election 2024 | Tagged , , , , , , | 1 Comment

Judicial Q&A: Justice Charles Spain

(Note: As I have done in past elections, I am running a series of Q&As for judicial candidates in contested Democratic primaries. This is intended to help introduce the candidates and their experiences to those who plan to vote in March. I am running these responses in the order that I receive them from the candidates. Much more information about Democratic primary candidates, including links to the interviews and judicial Q&As, can be found on Erik Manning’s spreadsheet.

Justice Charles Spain

1. Who are you and in which court do you preside?

Charles A. Spain, Justice, Place 4, Court of Appeals for the Fourteenth District of Texas.

2. What kind of cases does this court hear?

The Fourteenth Court hears civil, criminal, family, juvenile, and probate cases appealed from trial courts in Austin, Brazoria, Chambers, Colorado. Fort Bend, Galveston, Grimes, Harris,
Waller, and Washington Counties. The court hears everything that can be appealed in Texas state court except post conviction writs of habeas corpus and criminal cases in which the death penalty has been imposed.

3. What have been your main accomplishments during your time on this bench?

I have emphasized treating all persons before the court with consistent and fundamental fairness, which means following the procedural rules and the law without waiting for the parties to ask us to do our job. I always notify parties of procedural mistakes and allow them to be corrected rather than deciding on a case-by-case basis whether the rules should be followed. By being consistent, I often find that things aren’t always what we assume they are. Sometimes that changes the outcome of the appeal.

When it comes to the merits, I follow the law. And when I believe the majority does not, I write separately. Sometimes that changes the majority’s decision, and sometimes that gets the attention of the Texas Supreme Court or the Texas Court of Criminal Appeals. That’s extra work for me in addition to staying current on the cases before the court.

It’s not enough to just timely dispose of cases before the court. We also must administer justice without respect to persons and do equal right to the poor and to the rich.

4. What do you hope to accomplish in your courtroom going forward?

Persuade my colleagues to discuss more cases in person.

5. Why is this race important?

Diversity is important in both who you are and in the perspective you bring to the court.

My perspective is that of an appellant practitioner who is board certified in civil appellate law by the Texas Board of Legal Specialization since 1994 and someone who has worked in the judiciary for 33 years, giving me a deep understanding of the legal system.

I am also openly gay and share that with people because it’s not something that you would otherwise know about me. The legitimacy of the judiciary is based in part on people seeing themselves in the people who are judges. I want LGBTQ+ people to know that we have a place at the table and we’re staying.

6. Why should people vote for you in March?

When I received my Eagle Scout award 50 years ago, I was charged “to be among those who dedicate their skills and abilities to the common good. Build your life on the solid foundations of
love for others, honest work, unselfish service, and dedication to truth, and, whatever others may say or do, you will leave behind you a record of which every Scout may be justly proud.”

I have always taken those words seriously and try to live up to them every day. I’m now a Scout leader, and I’ve charged numerous new Eagle Scouts to do the same. While it is not always easy to do the right thing, if we do so consistently we make the world better.

That’s my moral compass.

Posted in Election 2024 | Tagged , , , , , , | 2 Comments

Endorsement watch: Allred and more

The Chron endorses Colin Allred in the Democratic primary for US Senate.

Colin Allred

Texas voters eager to see U.S. Sen. Ted Cruz retire to Cancun permanently, not just on a quick trip during a devastating winter storm, have a choice between two very different candidates in the March 5 Democratic primary.

Choosing an effective challenger to a junior senator who has done little but talk, tweet and instigate during his dozen years in office, they can vote with their head or with their heart. That’s our impression in a contest between the two viable contenders in a nine-person race, although we suspect the impression is a bit misleading.

Voters who go with their head will likely cast a ballot for U.S. Rep. Colin Allred, a 40-year-old, three-term congressman from Dallas who touts his pragmatism and his ability to work with colleagues from both sides of the aisle. Calm and measured, at times to the point of being bland, the civil rights attorney and former NFL linebacker is the establishment choice. He enjoys a sizable fund-raising edge over his opponents, touts big-name endorsements and holds a commanding lead in polls.

Those who go where their heart leads them may favor state Sen. Roland Gutierrez of San Antonio, a longtime Texas House member before being elected to the state Senate in 2022 to represent a district that stretches 400 miles to Big Bend National Park. A 53-year-old immigration lawyer, Gutierrez casts himself as an outspoken Bernie Sanders-style populist. He is, he says, “unapologetically progressive.”

Deeply affected by the horror of what he saw in 2022 on the day of the mass shooting at Robb Elementary School in Uvalde, a town in his Senate district, Gutierrez doesn’t hide his feelings. He told the Chronicle editorial board that he decided to run for the U.S. Senate “because of probably one day and one moment, and that was May 24. What built after that, I just never left there.”

Allred, who in 2018 defeated Republican incumbent Pete Sessions, a 22-year House veteran, as part of the “blue wave,” told Gutierrez in our screening that he admired his passion but accused him of “reflexively choosing whatever the progressive slogan of the day is.” Sitting side by side, the two men occasionally sniped at each other. Allred kept his composure, maintaining a “consensus builder” posture that he says will help him get things done in a divided Washington, and wincing at Gutierrez’s name-calling of some Republicans as “crazy nuts” and “terrorists.”

“I’m proud that I was the most bipartisan member of the Texas delegation,” he told us. “I’m proud that over 70% of the bills that I’ve cosponsored in Congress have been bipartisan.”

Longer-shot candidates in the race include former Nueces County District Attorney Mark Gonzalez, who recently resigned in the face of a lawsuit seeking to remove him from office on the basis of incompetence and official misconduct; Gonzalez dismissed the lawsuit by a conservative leader as a political attack. Dallas-area state Rep. Carl Sherman, who didn’t seek re-election after three terms, is also running. They have no shot at winning but could siphon off enough votes to force the two top contenders into a runoff.

For Texans voting in the Democratic primary, the relevant questions are two-fold: One, which candidate represents their views and values? Two, which candidate can oust an incumbent who, despite his die-hard followers, nearly lost to Democratic former U.S. Rep. Beto O’Rourke in 2018? (Cruz won by 2.6 points.)

Allred as previously noted has raised a ton of money. Gutierrez is way behind but is in the respectable zone, while no one else is close to being credible on that score. I think whoever the nominee is will have plenty of money, I think whoever it is will be endorsed by the Chron for November with basically the same language they’re using here, and I think it’s fine to vote for either of them.

Other endorsements from the weekend:

All of the Democratic incumbents on the First and 14th Courts of Appeals.

Democratic voters this year must weigh how much emphasis to put on diversity on the two courts of appeal for the 10-county region that includes Houston. In all six races, voters could elect someone from an underrepresented background, and in four of the races, a Black woman. While we applaud the challengers, many of whom have had distinguished careers, we prioritize candidates’ experience with appellate law. Challengers must make a compelling argument for throwing out the sitting justice, in whom taxpayers have already invested.

The ideal candidate pool is both qualified and reflects our state’s demographics. That goal is impeded by several factors, not the least of which is the salary for this kind of bench. Experienced appellate lawyers make good money. First-generation lawyers are simply less likely to take a big pay cut to serve as a justice, though there are notable exceptions. We urge schools, courts, firms and the Legislature to act with urgency to make the world of appellate law as multihued as our great state.

The arguments in each race vary, so go read them all. There are ten Justices up for re-election following that massive sweep from 2018; the four that do not have primary challengers are Justices Sarah Beth Landau, Julie Countiss, Frances Bourliot, and Meg Poissant. My Q&A with Justice Richard Hightower is here, and my just-published Q&A with Justice Charles Spain is here. I will have Q&As in the following days with Justices Peter Kelly, Meagan Hassan, and Jerry Zimmerer.

HCDE incumbents John McGee and Richard Cantu.

Politics is always going to attract some people more interested in the game than the work, but there are occasional exceptions. John McGee, 59, is a breath of fresh air.

He began his term in November, when he was appointed after a trustee resigned to run for state office. Despite his short time on the board, McGee has proven himself valuable, bringing the financial know-how to assess and manage the department’s budget of $165 million.

Born in Oklahoma and raised in Dallas, McGee derives his passion for equal educational opportunities from his own experience in the federal Head Start program. He began his 33-year career in public service as a budget examiner with the Legislative Budget Board, where he monitored over half a billion dollars in state agency budgets and determined the fiscal impact of legislation.

While working at the Texas Education Agency in the 1990s, McGee was asked to serve as the chief financial officer for a struggling Dallas school district under TEA control that was known for its board infighting and mismanaged funds. Within four months, he says he helped get spending under control and paid back the $2 million the district owed the state, persuading TEA to relinquish control.

“It was a nightmare, but it was the best place to learn about school finance, board governance and relationships, as well as academics,” McGee said.

[…]

Voters have two accomplished, capable candidates with strong ideas for this at-large position.

The incumbent, Richard Cantu, 54, is a native Houstonian who has spent the better part of three decades deeply committed to public service as the director of citizens’ assistance under two mayors, treasurer for the Harris County Department of Education, and heading the East Aldine Management District.

“I’m the trustee that asks the toughest questions at the table, challenging the administration to do more with the resources we have,” Cantu told us.

When Cantu saw the dismal state of the department’s adult education center, he helped them connect with Lakewood Church to host expanded programming opportunities. Cantu then advocated for a new, state-of-the-art building that through bonds they were able to make a reality. The $19 million building, complete with an inspiring “Goddess of Grit” mural and 17 classrooms, allows HCDE to host three times the number of adult learners, Cantu said.

As the son of parents who emigrated from Monterrey, Mexico, to the U.S. with only a sixth-grade and high school education, Cantu understands the critical difference ESL, GED. citizenship classes and vocational training can make.

His opponent, Josh Wallenstein, 48, agrees. But he argues HCDE can go even farther, partnering with unions and nonprofits to provide long-term career training. A compliance and ethics attorney by trade, with degrees from Southern Methodist University and Stanford Law School, Wallenstein brings a fresh perspective and welcome focus on “avoiding even the appearance of impropriety” on the board by drawing up airtight contracts that better detail the limits of trustees.

McGee is now my HCDE Trustee in Precinct 1, replacing Danny Norris. I admit I missed that bit of news and only realized it when I started seeing the filings. He seems fine and his opponent is a non-entity, so all good there. This endorsement piece started by noting how Republicans have hated the HCDE and tried to get rid of it for some time, and cited the examples of former Trustee Mike Wolfe and current trustee Eric Dick as examples of bad behavior that means HCDE “needs trustees voters can actually trust”. Which is all well and good except for the fact that both Wolfe and Dick are Republicans and none of that has anything to do with the races they were endorsing in. I’m going to go do a half hour of mindfulness exercises now so that I don’t punch a hole in the wall.

Mo Jenkins for HD139.

Just a few years ago, Mo Jenkins was a college junior visiting with lawmakers as part of a campus trip to the Texas Capitol. Now she’s the clerk for the House Corrections Committee and has had a hand in some major legislative wins, including negotiations behind the so-called Herrero budget amendment that helped sink school vouchers in the regular session with bipartisan support. Only 25 years old, Jenkins’ knowledge of the lawmaking process would be the envy of elder statesmen. She’s hoping to put it to work next session.

Jenkins would be a stellar candidate on her legislative chops alone but she also brings a rich lived experience. When she was just 13 years old, her mother died. She lived with family for a bit but she told us she fell through the cracks of foster care and ended up homeless as a result.

“I am the youngest person at this table,” she said in a recent screening with the editorial board, “but I’m also the very product of Republican and Democratic failures,” noting the barriers that she has nonetheless scaled skillfully. “I’m very proud of that.”

Just in time for my interview today, which you should listen to.

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Weekend link dump for February 11

“I’m sorry for everything you have all been through. No one should go through the things that your families have suffered, and this is why we invest so much, and we are going to continue doing industry-wide efforts to make sure no one has to go through the things your families have had to suffer.”

“The tools Trump could use to curb abortion access if he’s elected”.

“Has great white shark newborn been caught on film for the first time?”

“The Jackie Robinson statue was a symbol of hope. It wasn’t just an image of him. The statue was representative of all he was to this country and to baseball.”

“Flying is literally safer than sitting on the ground. I don’t know how I can stress that enough.”

“They told me that Zoozve is NOT a moon of Venus. But it’s also NOT NOT a moon of Venus. It’s both and neither. WTH?”

“New Lithium Discoveries Can Secure America’s Clean Energy Future”.

The deletions will continue until morale improves.

SNL, wyd?

“Across the country, houses of worship are going solar“.

“Electricity demand associated with U.S. cryptocurrency mining operations in the United States has grown very rapidly over the last several years.”

RIP, Toby Keith, country music singer-songwriter.

“US labor official says Dartmouth basketball players are school employees, sets stage for union vote”.

Lying vote fraud weasels take another L.

“One is tempted to say that all the leading lights of the terribleness community have come out for this terrible bill and thus the party of terrible can’t even justify why they oppose it.”

Among other things, I’m a bit too picky an eater to be tempted by dining in the dark, but you do you.

“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution.”

“It seems to me that there is a fundamental discrepancy between the way readers interact with books and the way the hack-your-brain tech community does. A wide swath of the ruling class sees books as data-intake vehicles for optimizing knowledge rather than, you know, things to intellectually engage with.”

“New Hampshire’s Attorney General on Tuesday named a Texas telecom company as the source of an apparently AI-generated robocall impersonating President Joe Biden that told Democrats not to vote in last month’s presidential primary.”

“Our analysis suggests that a trial, which is anticipated to last between 8 and 12 weeks, may conclude in late August or early September if the Supreme Court denies Trump’s eventual cert petition or in mid to late October if the Supreme Court grants Trump’s cert petition. We caution however that court timelines are unpredictable, and that these dates simply represent probabilities—not certainties.”

I love the Bhutan Baseball and Softball Association story so much. Be sure to read their origin story, too.

RIP, Mojo Nixon, musician, actor, DJ, weirdo about town.

RIP, Melanie Safka, singer who performed at Woodstock, best known for “Brand New Key” and “Lay Down (Candles in the Rain)”.

“The Federal Communications Commission on Thursday declared the use of voice-cloning technology in robocalls to be illegal, giving states another tool to go after fraudsters behind the calls.”

“Welcome to the WAGaissance (Football’s Version).”

“The real issue, to our minds, is that two things are simultaneously true: It is, in fact, sad to imagine a stressed-out kid seeing Elmo getting punched for trying to talk about mental health in a public forum; it violates, pretty blatantly, all the messaging Sesame Street builds so carefully around these characters to make them relatable touchstones for children who might desperately need to see themselves represented in the world. It is also very funny to see Larry David get so fake-mad about nothing that he pretends to punch a puppet.”

David Zaslov continues to be an asshole.

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January 2024 campaign finance reports – Congress

PREVIOUSLY:
State offices
Harris County offices
Senate

As noted, we’re still doing the Congressional reports separately until we winnow down the fields. The October 2023 reports are here, the July reports for both Congress and Senate are here, and the April reports for both are here.

Sandeep Srivastava – CD03
John Love – CD06
Lizzie Fletcher – CD07
Pervez Agwan – CD07
Michelle Vallejo – CD15
Sheila Jackson Lee – CD18
Amanda Edwards – CD18
Isaiah Martin – CD18
Francine Ly – CD24
Sam Eppler – CD24
Julie Johnson – CD32
Brian Williams – CD32
Alex Cornwallis – CD32
Justin Moore – CD32
Callie Butcher – CD32
Raja Chaudhry – CD32
Melissa McDonough – CD38
Gion Thomas – CD38


Dist  Name             Raised      Spent    Loans    On Hand
============================================================
03    Srivastava      283,425    204,406  543,233     82,611
06    Love             30,570     15,175        0     16,048
07    Fletcher      1,289,340    606,949        0  2,004,097
07    Agwan         1,151,062  1,052,034        0     99,027
15    Vallejo         520,325    305,781  100,000    226,261
18    Jackson Lee      77,163    224,990        0    223,483
18    Edwards       1,308,195    452,419        0    855,776
18    Martin          375,006    144,934        0    230,072
24    Ly               61,557     60,079    7,653        811
24    Eppler          274,499    203,996        0     70,502
32    Johnson       1,066,084    492,626        0    573,458 
32    Williams        982,441    439,010        0    543,430
32    Cornwallis      106,097     36,599  104,350     71,131
32    Moore           157,720    149,044   17,035      8,675
32    Butcher         121,477    120,336   46,182      1,190
32    Chaudhry              0     39,148  305,350    266,201
38    McDonough        74,553     71,546   61,974      4,787
38    Thomas            9,828      8,666   10,927      1,162

Sandeep Srivastava has less money raised on this report than he did in October. I think that may be because some of what had been actually loan money is now not being counted as having been raised, but I’m just guessing. It’s either that or something weird is going on. Also, the issue of how loan money is accounted for will come up again later.

Pervez Agwan has raised a ton of money and has been spending it nearly as quickly. I can’t say that spending has been visible to me other than in the form of campaign signs, mostly on non-residential properties, but I don’t live in CD07. Per Daily Kos, Rep. Fletcher has a new ad out, but it too has not been visible to me. Anyone in CD07, what are you seeing from these campaigns?

Michelle Vallejo has been added to the DCCC Red to Blue campaign, so expect to see her fundraising totals go up. She has an opponent in her primary who has reported raising no money so far.

On the one hand, Rep. Sheila Jackson Lee has a shockingly small amount of money raised so far – I mean, she’s an incumbent in a highly contested primary. On the other hand, she only declared her candidacy for re-election on December 10, so she’s had just three weeks at Christmastime to raise any money. It’s fair to say she has enough name ID to not sweat this too much. I do live in CD18 and I’m seeing a handful of Amanda Edwards yard signs in my neighborhood, but my neighborhood is not at all typical for CD18. Take that for what it’s worth. Note that Isaiah Martin did raise and spend some money before he dropped out and endorsed SJL. There is a third candidate in this race, who has also not reported raising any money.

I’m not following Rep. Henry Cuellar anymore, since he didn’t draw a primary opponent and I don’t expect him to be seriously challenged. Rep. Vicente Gonzalez has a serious Republican challenger, the same person who had won the special election for CD34 in 2022, but he beat her easily enough in November 2022 and I doubt this will be an easier cycle for her, especially as a non-incumbent. If anything changes in these races I’ll add them back in, but don’t count on it.

State Rep. Rhetta Bowers dropped out of CD32 to run for re-election in the Lege. Raja Chaudhry is a new entrant, and his report showed that $305,350 as having been raised, but a closer look showed it was actually all loan. Because that was easy enough to separate out I did so, but several candidates who show loans on their reports, including both candidates in CD38, seem to count loan totals towards their amount raised. I made that change in Chaudhry’s case because it was so easy to do, but note that going forward for candidates who also report significant loan totals.

As I did in 2018, I may add in other races if their candidates appear to be generating some interest. For now, this is what we have.

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Don’t expect much from that Uvalde grand jury

I mean, I wasn’t, but in case you were, don’t.

After more than a year of pressure to file criminal charges against some of the Texas law enforcement officers responsible for the botched response to the Robb Elementary School shooting, local prosecutor Christina Mitchell last month convened a grand jury to investigate.

But even after that monthslong review is complete, law enforcement officers may not face criminal charges, legal experts say. That’s because police officers are almost never criminally prosecuted — and charges for failing to act are even more rare.

Grand jury proceedings in Texas are kept secret and it’s not typically known how cases are presented to jurors who decide whether there’s enough evidence to formally charge someone with a crime or proceed to a trial.

It’s unclear whether Uvalde’s District Attorney plans to present evidence to grand jurors that some victims would have survived had medical responders started treatment earlier. Hundreds of officers who responded to the shooting waited 77 minutes to breach the classrooms, where a gunman used an AR-15 rifle to indiscriminately shoot students and teachers in two adjoining fourth-grade classrooms. Nineteen students and two teachers died in the May 24, 2022 shooting.

The Texas Rangers in August 2022 asked Dr. Mark Escott, medical director for Texas Department of Public Safety and chief medical officer for the city of Austin, to look into the injuries of the victims and determine whether any victims could have survived. Four of the victims are known to have had heartbeats when they were rescued from the classrooms.

But one year later, Mitchell’s office told Escott it was “moving in a different direction” and no longer wanted the analysis to be performed.

“It’s unclear to me why they would not want an analysis such as this done,” Escott said.

Escott said he was never given access to the autopsy reports or hospital and EMS records. Based on the limited records he did review, he believes at least one individual may have survived had police officers intervened earlier.

[…]

Even though police training instructs officers to confront a shooter, hundreds of officers responding to Robb Elementary waited over an hour to confront the gunman

The U.S. Supreme Court has consistently held that officers do not have a constitutional “duty to protect,” even if they have been trained to do so. And even if the Uvalde grand jury decides to indict officers, prosecutors would then have the difficult burden of proving beyond a reasonable doubt that the officers were under a specific legal duty to act and that in failing to act they caused a specific harm.

“There’s a big difference between what is morally right and what the law actually requires,” said Seth Stoughton, a professor at the University of South Carolina School of Law and former police officer. “I’d be very surprised if there was a straightforward path to criminal prosecution.”

See here for some background. As I said back then, charging a couple of law enforcement officers, even the likes of Pete Arredondo, doesn’t get at any root causes here. One can plausibly argue that holding these people legally accountable may have the effect of ensuring that the next batch of cops who encounter an active shooter situation will do a better job of following accepted best practices, and that may in turn lead to a less bad outcome. But honestly, until we start to do something to address why there are so many mass shootings in the first place, we’re not getting anywhere.

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Judge Aguilar suspended

As expected.

A judge charged in January after a domestic violence allegation by his girlfriend has been suspended from the bench with pay, officials said.

The State Commission on Judicial Conduct signed a suspension order Wednesday against 228th District Court Judge Frank Aguilar about two weeks after Galveston County prosecutors charged him with misdemeanor assault. He is accused of assaulting his girlfriend at his Galveston property.

Aguilar’s defense attorney, Mark Diaz, pointed to a recent affidavit that the girlfriend filed asking that prosecutors dismiss the charge, saying that the events of Dec. 31 were not as described. She wrote that she felt coerced.

“Frank Aguilar never touch me or hit me,” she wrote in a recent filing. “I fell from stairs inside house.”

She said she had taken sleep medication that had an adverse effect from alcohol and caused her to walk in her sleep and fall down the stairs.
In a separate affidavit, the woman said she would not testify in his case.

Aguilar was acquitted of another domestic violence allegation years earlier. The 2010 incident involved a family member.

The judicial suspension could be lifted if prosecutors were to dismiss the charge against Aguilar or if a jury decided to acquit him of the offense.

In the wake of the charge, Harris County prosecutors filed several recusal requests asking that Aguilar step down from cases involving similar allegations. He declined and referred the matter to the Eleventh Administrative Judicial Region of Texas.

Judge Susan Brown, who oversees the region, had not ruled on the recusal requests but is now expected to tap a visiting jurist to replace Aguilar in the wake of his suspension.

See here for the background. We’ll have to see how this plays out. I know it’s not uncommon for victims of domestic assault to later recant and deny the allegations they had initially made. I also know that sometimes the police get this wrong. I don’t know what happened here, and all we’ll have to go by is the ultimate outcome of the case. Judge Aguilar will be on the ballot again in 2026, if he chooses to run.

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January 2024 campaign finance reports – Senate

PREVIOUSLY:
State offices
Harris County offices

The field is set, with one more person than we had in October. Again, until we’ve narrowed this down to at most two, I’ll do this separately from the Congressional candidates. Here are the July reports, and the April reports.

Colin Allred – Senate
Roland Gutierrez – Senate
Carl Sherman – Senate
Thierry Tchenko – Senate
Heli Rodriguez-Prilliman – Senate
Steve Keough – Senate
Tracy Andrus – Senate
Meri Lizet Gomez – Senate
Mark Gonzalez – Senate


Dist  Name             Raised      Spent    Loans    On Hand
============================================================
Sen   Allred       18,391,703  8,285,648        0 10,106,054
Sen   Gutierrez     1,065,784    751,152   71,825    314,632
Sen   Sherman         157,456     99,757        0     57,699
Sen   Tchenko         100,236     91,914        0      8,322
Sen   R-Prilliman      30,002     29,166   37,357        855
Sen   Keough           27,357     27,730    6,050          0
Sen   Andrus           18,385      9,275        0      8,724
Sen   Gomez            11,044     11,000        0         44
Sen   Gonzalez         14,676     11,237    3,900      3,438

As previously reported, Colin Allred has outraised Ted Cruz for each of the last two quarters and has more cash on hand than he does. As I’ve said before, I hope he spends some of that cash in the primary. I mean, he clearly has – his Spent number is about $2.6 million higher now, so that’s some real spending. I haven’t seen any ads yet, is what I guess I’m saying. (*) For comparison, Beto O’Rourke had raised $13.2 million through Q2 2018, with $6.7 million in the first three months of the year and thus about $6.5 million raised as of the January report. Allred is well ahead of that pace, even adjusting for inflation and the fact that there’s just a lot more money in these nationalized races now. Beto eventually topped $80 million raised, and in the end he came close but didn’t win. There’s a lot more of this story to be written.

The good news for Sen. Roland Gutierrez is that he’s now raised over a million bucks. The bad news is that he’s not even close enough to Allred to eat his dust, and he has about sixty grand less on hand now than he did in October. He ought to have enough support to force a runoff, but at this point I don’t see how he can compete.

As for the rest, I mean, I still have no idea what Carl Sherman was thinking when he entered this race. I have to assume Mark Gonzalez, who would have been a pretty exciting candidate if he had been the first person in the race, probably thought he’d have done better than $14K raised. Whoever Meri Lizet Gomez is, the system is still showing her Q3 totals, not that it really matters.

Anyway. It’s a big field but there’s not much to say about the finance reports. I’m ready to get to the voting. Up next, I’ll look at the Congressional reports. Let me know what you think.

(*) I started writing this last weekend, and now I can say that I saw a Colin Allred ad on this Monday’s episode of The Bachelor. That’s what I’m talking about.

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Yes, please do investigate Jared Woodfill

Is there a petition I can sign for this?

A former client of Houston attorney and Texas House candidate Jared Woodfill is asking state and federal investigators to give fresh scrutiny to a 2017 investigation into allegations that he misappropriated hundreds of thousands of dollars from his firm’s clients.

In a sworn affidavit sent this week to the Texas Rangers, the FBI’s Houston office and U.S. attorneys in the Southern District, Amy Holsworth, the former client, alleges that Harris County prosecutors mishandled her case against Woodfill and unexpectedly closed it. She also suggests the outcome of the case may have been improperly influenced by District Attorney Kim Ogg and Rachel Hooper, a Houston attorney and counsel for the Texas GOP whose relationship with Ogg has been under scrutiny since January.

Holsworth said in the new complaint that she recently learned that Hooper was associated with Woodfill’s legal team during the 2017 investigation into his firm. Woodfill appeared in a video with Hooper that was taken at the Harris County courthouse days after investigators raided his office. In October 2021 — a month before Holsworth says she was told the Woodfill case was closed — Hooper was reportedly hired as a contract employee for the district attorney’s office.

[…]

The complaint centers around a fraud and money laundering investigation into Woodfill’s firm that began in 2017, after a U.S. Bankruptcy Court judge found more than $140,000 in unaccounted funds or overpayments to Woodfill’s firm. In a massive findings of fact document that was filed in federal court at the time, the judge detailed more than a year of alleged financial “discrepancies,” overcharged attorneys fees and other instances of financial mismanagement by Woodfill’s firm.

At one point, the judge found, there was only $650 left of the $225,000 that was placed in a trust to fund legal services for Holsworth and her then-husband. Her husband declared bankruptcy, and Holsworth eventually filed a criminal complaint against Woodfill with the district attorney.

Woodfill’s firm disputed the judge’s findings.

In a separate complaint filed with the Houston Police Department around the same time, Woodfill was accused of misusing at least $300,000 from a trust account in a different divorce case.

In November 2018, Woodfill’s law offices were raided by the District Attorney’s Office, which seized more than 127 boxes of files and six computers, according to a search affidavit from the time. The warrant also cited a second complaint from a woman who hired Woodfill’s firm in 2013, as well as an employee for Woodfill’s firm who said that Woodfill often moved money between client accounts and his own bank accounts.

Woodfill was also publicly reprimanded and fined by the Texas Bar for violations related to the complaint.

In her new complaint, Holsworth wrote that she had expected charges to be filed in the case, given the detailed allegations that were already outlined by a federal judge.

At one point, Holsworth, who was previously active in Harris County conservative politics, alleges that her friends and employer were contacted by a private investigator claiming to work for Woodfill. She wrote that Hooper’s husband Don, who runs a small conservative blog, spread “malicious gossip” about her and harassed her in online Republican groups.

Holsworth said that she spent years contacting officials in the District Attorney’s Office to check on her case. She wrote that she also ran into Ogg at a 2020 political event, and introduced herself as one of the victims in the Woodfill investigation.

“Ogg said that she knew exactly who I was and that she would reach out soon,” Holsworth wrote. “I never heard from DA Ogg.”

In the year after, Holsworth wrote that she and another alleged victim of Woodfill’s continued to contact investigators, who told them that they were waiting for Ogg’s approval to bring the case to a grand jury.

In November 2021, Holsworth said she was unexpectedly told that the case had been closed.

“This came as a complete surprise to me,” she wrote. “I was always given the impression that they believed they had a very strong case against Woodfill.”

See here and here for more on that office raid. Jared Woodfill is pond scum and a menace to society, and you don’t have to convince me that he’s dirtier than the Reliant Stadium floor after a monster truck show. I have no idea if Amy Holsworth’s complaints have merit or not, but you know how we can find out? By investigating them, which I sincerely hope that the Rangers and the FBI do. The allegations are credible, so let’s see where the evidence takes us. Public safety and common decency require nothing less. As for the allegations that the case was improperly dropped by the DA’s office, that’s obviously very troubling. There’s a lot to unravel here, and again the remedy for that is more investigation. Let’s get on with it.

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The principal shuffle

I have some thoughts about this.

The memos came in one after the other, a laundry list of grievances listing all the ways Federico Hernandez was supposedly failing as principal of Houston ISD’s Middle College High School.

A teacher used Post-It notes rather than index cards during a lesson, according to one complaint from Hernandez’s supervisor. Others allowed students to sit in the back of a classroom or kept a light off during class. Some implemented multiple response strategies, “but not correctly,” read the memo shared with the Houston Chronicle.

Even though the school, which operates on Houston Community College’s Felix Fraga campus, boasts an A-rated academic performance, those were among the infractions that got Hernandez removed from his job less than two months into the school year.

He is one of at least 58 principals who left their schools, involuntarily or otherwise, in 2023 since Superintendent Mike Miles was appointed to his post by the Texas Education Agency on June 1, according to a Houston Chronicle analysis of HISD staffing records. After taking into account schools that share a principal, such as Jane Long Academy and Las Americas Newcomer School, or those that recorded multiple changes between June and December, such as Madison High School, the Chronicle confirmed there have been at least 61 leadership changes across 59 campuses.

That means about 1 in 5 HISD campuses saw a leadership change in just seven months, roughly matching the national average over the course of an entire school year.

Hernandez said he gave teachers a little leeway at the small, alternative East End campus that serves students for whom “the traditional high school setting is not an effective model,” according to the school’s website — but his reasoning went unheeded.

“I was trying (to follow the rules) to the best of my ability, but at the same time during all my training to be an educational leader, I was always told that you make decisions with your students’ best interest in mind,” Hernandez said. “Some of those decisions, I was trying to implement, but in a manner that wouldn’t negatively impact the students, because it was already starting to negatively impact them.”

Of the 58 principals who have left their campuses since June, at least 14 did so after the school year started on Aug. 28. At least 16 principals have resigned or retired since Miles took over, and at least eight have been shuffled to other schools or promoted to central office positions.

In the majority of cases, the Chronicle was unable to confirm the exact reason for a principal’s departure through various public records requests over the course of several months. Inconsistencies in HISD’s staffing records make reliable year-to-year comparisons difficult.

[…]

Erica Harbatkin, an education policy expert at Florida State University who studies principal turnover, said it is not unusual for administrators to reassign principals in an attempt to shake up under-performing schools. They typically don’t do so during the school year, though, because principals need time to plan and coordinate their staff, and “coming in after the school year started… obviously undermines some of those strategies.”

Harbatkin said replacing a principal is one of the quickest ways to effect change at a school, for better or worse.

“The theory of action behind more contemporary school turnaround and improvement policy is that these schools are in this pattern of low performance, and they need something to get them out, some sort of big external shock … and one of the ways that happens is through replacing the principal,” Harbatkin said.

If not done carefully, however, principal turnover can lead to negative effects on student achievement, Harbatkin said. Her research found that principal turnover “is associated with lower test scores, school proficiency rates, and teacher retention.”

“When principals turn over teachers tend to turn over as well, and if that turnover is not well-planned, if there’s not good distributed leadership in the school or someone who can step into the role, that’s likely to make those negative effects even larger,” Harbatkin said.

There’s more, so read the rest. My thoughts, in no particular order:

1. HISD appropriately does not comment about any of the principal changes, in general or at specific schools. That’s how it should be in employment matters. It’s also a little frustrating given the overall lack of communication from HISD and Mike Miles during his time here.

2. It’s really unfortunate that we don’t have the data for a baseline comparison. Obviously, some number of principals leave one way or another in the course of a school year. That’s just life. This is as far from a normal school year as it’s possible to get, and yet we can’t tell if there’s a connection with principal turnover. We may not have any idea about this until several years down the line, when we can see what subsequent years, including the post-Miles years, look like.

3. As we know, there has also been a lot of turnovers among the teachers. The Chron noted in a recent editorial that this could be good, if Miles has chased off bad teachers who didn’t think they could keep up with the higher standards, and it could be bad if his model of control and chaos has caused the top performers to seek better options for themselves. There are a lot of factors in play here, but as a general rule I’d say principals leaving schools that have good accountability ratings = not good. As with item #2, we’ll know more later, when it will be too late to react.

4. One detail in this story that made me unhappy was that several principals talked about how hard it has been to enforce all of Miles’ rules, how little leeway they have in helping teachers follow those rules, and how much pressure they feel as a result. I’ve never worked at a school but I have worked in corporate America for a long time, and in my experience that just sounds like bad leadership. It certainly doesn’t sound like an environment in which people will thrive.

5. As I’ve said multiple times before, we may ultimately get the results that Miles is aiming for, but I fear that it will come at a high cost and be unsustainable in the long run. I hope I am wrong about that part.

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Interview with Gion Thomas

Gion Thomas

We wrap up Legislative And Congressional Week #1 with our next contender in CD38, Gion Thomas, who moved to Katy as a 12-year-old in 2005 after being forced out of his home by Hurricane Katrina. A graduate of Katy High School and TSU who later got a postgraduate certificate in public administration from Harvard, Thomas has been a community organizer who has worked on a variety of campaigns including those of Beto O’Rourke and Rochelle Garza, and has served as the vice president of the Katy Democrats. He also created and hosted the Raw Take podcast. You can go though his back catalog, and you can listen to what he has to say here:

PREVIOUSLY:

Karthik Soora, SD15
Michelle Bonton, SD15
Molly Cook, SD15
Rep. Jarvis Johnson, SD15
Todd Litton, SD15
Beto Cardenas, SD15
Annette Ramirez, Tax Assessor
Danielle Bess, Tax Assessor
Jerry Davis, Tax Assessor
Desiree Broadnax, Tax Assessor
Claude Cummings, Tax Assessor
Amanda Edwards, CD18
Pervez Agwan, CD07
Rep. Lizzie Fletcher, CD07
Christian Menefee, Harris County Attorney
Umeka Lewis, Harris County Attorney
Kim Ogg, Harris County District Attorney
Sean Teare, Harris County District Attorney
Danny Norris, HD142
Lauren Ashley Simmons, HD146
Ashton Woods, HD146
Melissa McDonough, CD38

We are in the home stretch now. I will have more legislative and Congressional interviews leading up to the start of Early Voting. You can keep track of all my interviews and judicial Q&As on the ever indispensable Erik Manning spreadsheet.

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