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Harris County

The Harris County bail lawsuit effect on Dallas County

The Trib looks to see if the recent Harris County bail lawsuit settlement might affect the bail lawsuit in Dallas County.

“Anytime one county settles, it could possibly provide a roadmap for another county, but I can’t say that it will,” said Dallas County District Attorney John Creuzot, whose county’s bail practices have also been slammed by a federal judge. “The landscape of this lawsuit is different.”

A big piece of that is because Dallas’ lawsuit, like another in Harris and one in Galveston, targets bail practices not only for misdemeanor defendants, but for felony cases, too.

[…]

“I’ve been studying very closely what’s happening in Harris County, and I think that it’s a step in the right direction and something that we should … modify or use as a blueprint for felony cases,” said State District Court Judge Brandon Birmingham, a Democrat and defendant in Dallas’ lawsuit. He was especially interested in the idea of an open-hours court.

Adding felonies to the lawsuit against bail practices in Dallas brought a new complication, however. The judges work for the state, not the county, and are being represented by the Texas attorney general’s office, which claims they have no jurisdiction over early bail decisions. County officials, who are largely Democratic, have said the attorney general’s office, run by Republican Ken Paxton, has stalled settlement talks and reform efforts.

“The fact that felony judges are part of the lawsuit complicates resolution,” said Dallas County Judge Clay Jenkins, a Democrat. “The AG office’s public positions on criminal justice reform and bail reform are not the same as the Commissioners Court or most of our elected judges.”

The attorney general’s office did not immediately respond to a request for comment.

In a court filing last month, Texas Solicitor General Kyle Hawkins wrote that the Dallas lawsuit goes too far by including felony judges. He said bail decisions are set by county judicial officers before felony judges assume jurisdiction over criminal matters.

“Despite tens of thousands of words spilled in this case so far, [the plaintiff] has yet to articulate just what she expects the felony judges to do, going forward, to remedy her alleged harm,” Hawkins wrote.

But things appear to be moving toward resolution. Two district judges, including Birmingham, recently began conducting their own bail hearings every morning and hired a lawyer to represent them instead of the attorney general. Jenkins and Creuzot confirmed that the parties are now headed to mediation to hopefully come up with a settlement proposal or consent decree.

See here for more on the second Harris County lawsuit, the one involving felony cases. It was filed in January and I haven’t seen any updates as yet, nor do I know if the AG’s office has gotten involved. Be that as it may, it seems to me that the underlying principle is the same, and should be viewed through a similar lens by the federal court. This time, Harris will follow behind Dallas, so we’ll see where they lead us.

David Temple convicted again

New trial, same result.

A Harris County jury on Tuesday convicted David Temple of murder in the 1999 death of his pregnant wife, opening the door for the former Katy-area football coach to be sent back to prison several years after an appeals court reversed his original guilty verdict because of prosecutorial misconduct.

The panel of seven men and five women handed down the decision following almost eight hours of deliberation and 18 days of witness testimony, including evidence prosecutors withheld during the initial trial and which led to the reversal. In the end, jurors convicted David Temple of murder for a second time, rejecting the defense attorneys’ claim that an alternate suspect, a teenage neighbor, fatally shot Belinda Temple.

As state District Judge Kelli Johnson read the verdict, Temple cast his face downward, sweating and suppressing tears while his family members, including his adult son, burst into a chorus of sobs.

Just feet away, siblings and friends of Belinda Temple let out audible sighs of relief, comforted that the man they have long believed killed her could be locked up once more.

[…]

Testimony in the retrial revolved around two competing timelines of events on Jan. 11, 1999, the day Belinda was found shot to death in her master bedroom closet. David Temple told authorities that he came home from a trip to the park and store with his 3-year-old son and found his wife dead amid an apparent burglary.

Prosecutors argued that the husband — who was in the throes of a secret relationship with a coworker — had executed Belinda with a close-contact shotgun wound shortly after she arrived home from a work and a trip to pick up soup for her sick child. He washed his hands, changed his clothes, and left for the store, before returning home and staging a crime scene, state attorneys said. At some point during his shopping trip, prosecutors said, he ditched the murder weapon, which was never located.

Temple’s defense lawyers contended that their client didn’t have time to murder his wife, given a “narrow window” of opportunity when they were both home alone. They argued that the killing occurred while Temple was at the store, and was carried out by a 16-year-old neighbor who had a bone to pick with Belinda, who was also his teacher at Katy High School.

The neighbor testified during the retrial, telling jurors that he skipped the last class period of the day on Jan. 11, 1999. He said that he spent much of the afternoon on a mostly fruitless quest to find marijuana, and several of his high school friends corroborated parts of his story.

See here and here for the background, and here for the rest of my blogging about this. The re-trial was due to Temple’s attorneys successfully arguing that he had not received a fair trial in 1999 because of misconduct by then-Assistant DA Kelly Siegler. Current District Attorney Kim Ogg recused her office from the do-over, with prosecutors from the Attorney General’s office handling the case. In the end, it seems the jury didn’t buy Temple’s defense. Sentencing is still to come, but I imagine he’ll be spending some more time in prison.

Harris County gets official approval for voting centers

Full steam ahead.

Diane Trautman

Harris County on Monday received permission to use voting centers, which enable voters to cast ballots at any location they choose, in high-turnout elections, County Clerk Diane Trautman announced.

Under this system, voters are not required to vote in their assigned precinct. Trautman, who has made establishing the centers a top priority since taking office in January, has said the change will make voting easier, since residents can more easily cast ballots near work or school.

More than one-third of voters visited polling sites outside their home precinct in May’s low-turnout school and municipal elections during a voting centers trial run, the clerk’s office said. Trautman called that test a success and asked the secretary of state to approve using the system in general elections, which can draw more than 1 million voters.

“Feedback from communities across the county has been largely positive, and I am pleased that voters will be able to choose a convenient location to cast their ballot,” Trautman said in a statement.

See here for the background, and here for Trautman’s statement. There are some issues to work out in advance of the voting centers’ implementation, but I have faith in the Clerk’s ability to get it all done. I look forward to seeing the finished product.

Study shows a lot of gaps in Harris County’s ability to respond to chemical fires

This quantifies what was painfully apparent in recent months.

Judge Lina Hidalgo

More monitoring and manpower is needed for Harris County to better respond to chemical fires like the three that struck the region earlier this year, worrying residents and shutting the Houston Ship Channel, according to a study evaluating the county’s response to the fires.

The most critical response gap identified involved staffing in the Harris County Fire Marshal’s Office, where another 16 hazardous materials technicians — at a cost of $1.6 million annually — are needed to bring the team up to compliance with national standards. Other recommendations include real-time monitoring of air, soil and water conditions, along with the training and resources necessary to share that information among the various departments — and the public — during a potential catastrophe.

”This is an example of us recognizing the county is not where it needs to be,” Harris County Judge Lina Hidalgo said Monday, noting the need for better information sharing with the public.

[…]

In all, the report by PENTA Consortium, a private consultant hired by the county, lists 49 recommendations for the commissioners’ court to consider, broken down by issues that need immediate attention and those that should be reviewed longer term.

Some of the recommendations involve little or no additional funding, such as pushing for local authorities to have more active participation within a unified command after an incident; appointing a senior advisor for emergency management for the county judge’s office; and tasking departments to take comprehensive looks at their internal decision-making authorities and processes.

Others require a heftier investment.

Elena Craft, with the Environmental Defense Fund, said she was encouraged by some of the recommendations.

“I think initially some of the gaps seemed like no-brainers,” she said, adding that “having a comprehensive assessment of where those gaps are and a time frame, essentially a road map, of how to fill these gaps was obviously needed.”

The 133-page report is referred to as “gap analysis” because it is aimed at allowing an outside consultant to find areas of improvement or failures in current policies. In addition to staffing shortages, lack of coordination among the local emergency responders also hampered the response to the fires, which sent plumes of black smoke into the region, the study found.

We’ve talked about Harris County’s non-hurricane disaster preparedness before, and I’m glad to see the county is returning to the subject. Hurricane preparedness is vital, of course, but I think we can all agree that chemical fires happen a lot more often. All of the things they are talking about in this story are necessary, and we’ll be much better off when we have a firmer handle on them.

Raising money to register Republicans

Just keeping an eye on things.

Still the only voter ID anyone should need

A new super PAC focused on registering new Republican voters in Texas has raised nearly $10 million from some of the state’s biggest GOP donors, according to its first report to the Federal Election Commission.

Filed early Wednesday morning, the disclosure shows that the political action committee, Engage Texas, took in $9.6 million between when it registered with the FEC in mid-April and when the reporting period ended June 30. It spent $336,000 and has $9.3 million in the bank.

“This significant investment in resources will help us reach Texans in every corner of the state to educate them about Texas’ successful, conservative principles and engage them in the political process,” Engage Texas Chairman Mano de Ayala said in a statement.

Engage Texas launched in mid-June with the promise of signing up and turning out hundreds of thousands of new GOP voters to help keep the state red in 2020. The super PAC is led by Chris Young, a former top staffer at the Republican National Committee.

[…]

It appears Engage Texas has wasted little time getting to work, reporting 17 people on payroll through June in addition to Young. One of them is Kristy Wilkinson, who was deputy campaign manager for Gov. Greg Abbott’s reelection bid last year and previously the Republican National Committee’s Texas state director.

The group says it has already opened offices in Austin, Houston and the Dallas-Fort Worth area. It also has dispatched organizers to begin work in Bell, Blanco, Collin, Dallas, Denton, Fort Bend, Harris, Hays, Lampasas, Tarrant, Travis and Williamson counties.

See here for the background. This to me falls somewhere in between “legitimate threat to Democratic efforts in 2020” and “awesome get-rich-quick scheme for Republican consultants”, I just don’t know exactly where yet. I don’t think a lack of registered voters has been the issue for Republicans in the last couple of elections, but if this is more of a turnout effort then I think they could have a real effect. It would have been a much bigger disaster for them in 2018 if they hadn’t had near-Presidential levels of turnout on their side. Like I said, worth keeping an eye on but to be determined how big a deal this is.

The main concern about voting centers

This Trib story, which is about the implementation of voting centers in multiple counties across Texas for the 2020 election, delves into one of the main concern about them: Voting centers can change from one election to the next, which could mean the closure of a location that has been in use for a long time.

Diane Trautman

The switch from precinct-based voting locations to countywide vote centers is often followed by closures and consolidations of polling places both for logistical and cost-saving reasons. Because the criteria for those changes is typically based, in part, on traffic at each voting site, community leaders and voting rights advocates are wary that could translate to more polling location closures in areas with predominantly Hispanic, black and lower-income residents, who participate in elections at lower rates than white and more affluent Texans.

“Our concern is to make sure that we increase the likelihood of people voting,” James Douglas, head of the NAACP branch in Houston, warned the Harris County Commissioner’s Court earlier this year. “This ought not be about money.”

[…]

Although provisional ballots are used to record a person’s vote when there are questions about eligibility or if a person is at the wrong precinct location, the ballots fall short of fully illustrating the scope of precinct-based voting problems because there’s no way of tracking voters who showed up at the wrong voting site and then went home without voting provisionally. But data collected by the Texas Civil Rights Project showed that the number of rejected provisional ballots cast by voters who showed up at the wrong location crept up from 2,810 in 2016 to roughly 4,230 last year in the state’s four largest counties — Harris, Dallas, Bexar and Tarrant, which are all working to transition to the vote center model.

More than half of those recorded rejections came out of Harris County, where Diane Trautman, a Democrat who was elected county clerk in 2018, moved quickly to implement vote centers and received approval to use a May municipal election as a trial run.

Trautman — like county officials in Dallas and Tarrant — has vowed to leave all existing polling locations in place through 2020. Opening up its 700 polling locations to all voters will make Harris one of the nation’s largest counties running vote centers.

Still, community leaders were troubled by a portion of the county’s written plan to make countywide voting permanent. That plan lists “voter turnout” first under the criteria to be considered for possible future polling place consolidations.

“This is going to be a question and a test for all the larger counties that are going forward” with vote centers, Trautman said in an interview with The Texas Tribune.

In weighing polling place closures, counties adopting vote centers typically consider factors like turnout and Wi-Fi connectivity. Vote centers depend on e-pollbooks, which electronically record whether a voter has already cast a ballot, and must be networked with other polling sites.

In Dallas County, election officials are reviewing whether to consolidate dozens of voting sites that are serving voters from multiple precincts and what to do with polling locations that are in close proximity. Community members there warned against closures primarily based on voter turnout even if other voting sites appeared to be nearby.

“Being half a mile is not across the street. Having to cross the freeway is not across the street. We do not support the closures,” said Kimberly Olsen, political field director for the Texas Organizing Project, which advocates for communities of color and low-income Texans.

Trautman noted any changes in Harris County would be run by a community advisory committee with an eye toward preserving polling locations that traditionally serve voters of color, residents who speak different languages and people with disabilities, but it’s unlikely the county would move too far from the current number of polling locations. And she said she would not trade tradition, especially in areas where voters have cast their ballots at the same polling place for 100 years, for county cost-savings.

“We have no intention of disturbing that,” Trautman said. “I don’t care if two people voted in that location.”

As I’ve noted before, traditional polling places are often consolidated for lower-turnout elections. In Harris County, for anything other than a November-in-an-even-year race, you were always well advised to check and see what locations were open before you headed out on Election Day. In this sense, that’s nothing new. County election administrators do need to be careful, and solicit plenty of public feedback, when deciding on what locations should be used in any election. I think this is far less likely to be an issue in an election like 2020, but it will be an ongoing concern, with odd-year local elections being a particular spot for problems. Elections administrators will need to be transparent, Commissioners Courts will need to exert oversight, and the rest of us will need to pay attention. If we all do that much, we ought to be all right.

Commissioners Court approves bail lawsuit settlement

Excellent.

Harris County Commissioners Court approved a historic settlement Tuesday fixing a bail system a federal judge found unconstitutional and ushering in a new era for criminal justice in one of the nation’s largest metropolitan areas.

The deal resulted from months of intensive negotiations between the county and lawyers for indigent misdemeanor defendants who sued over a two-tiered system that jailed people prior to trial if they couldn’t pay up front cash bail but allowed people with similar backgrounds and charges to resume their lives and await trial at home.

“This was the result of careful negotiation,” County Judge Lina Hidalgo said just before the commissioner’s voted 3-2 to approve the deal.

The vote split along party lines. Commissioners Jack Cagle and Steve Radack, the only Republicans now on the the commissioners court, voted against it.

The settlement agreement — which still must be approved by a federal judge — installs a monitor to oversee the new bail protocol for seven years. It provides comprehensive public defense services and safeguards to help ensure defendants show up for court. It will allow about 85 percent of people arrested on misdemeanors to avoid pretrial detention. The settlement also calls for transparent data collection, which will allow the county to keep better track of what’s working and what isn’t.

You know the background, so see here for the previous update. I can only wonder what would have happened in a world where Democrats swept the judicial races but failed to win those two seats on Commissioners Court. I feel pretty confident saying that as of July 30 in that alternate universe, there would not be an agreement in place. Elections, they do have consequences. Congratulations one and all for getting this done.

Once more with more prosecutors

This time, it might work.

Kim Ogg

The Harris County District Attorney’s Office is asking county commissioners once again for more prosecutors to handle fallout from the botched Houston drug raid that left a Pecan Park couple dead earlier this year.

The latest $1.96 million funding request that will go to Commissioners Court for consideration Tuesday would add 10 positions to the office, including seven felony chief prosecutors and three investigators housed in the Civil Rights Division.

“What leaders fund speaks to what they think is important and our investigation of the Harding Street shootings is one of the most significant matters we have seen in decades,” District Attorney Kim Ogg said in a statement to the Houston Chronicle. “Community trust depends on us getting to the truth sooner than later; we need to add experienced prosecutors to our Civil Rights Division to handle an investigation this deep and wide.”

[…]

Already, it seems the latest proposed expansion may have more support from the politicians who hold the county’s purse strings. Previously, two Republican commissioners generally voiced their support for adding prosecutors, but this time Democrats look poised to back it as well.

“I’m proud that the district attorney and I have reached common ground in working with an independent consultant to help create a strategy that fosters public confidence in our criminal justice system,” Precinct 2 Commissioner Adrian Garcia said. “This additional resource is critical to supporting our law enforcement officers.”

Similarly, Precinct 1 Commissioner Rodney Ellis — who opposed the request last time around — said he will back it.

“The Harding Street tragedy raises concerns that are bigger than one officer — it’s about an entire system that needs to be held accountable,” he said. “I have worked with the DA to ensure this new request includes robust oversight by an independent third party to identify the failed safeguards that allowed for any miscarriage of justice to occur.”

See here for the previous update. If nothing else, it looks like Ogg took to heart the reasons why her previous asks were rejected. She’s already got the two Republican commissioners in line, so passage appears assured, and it’s just a matter of whether or not Judge Lina Hidalgo makes it unanimous. (Also of note: unlike the previous times, I’ve not gotten an email from the ACLU or TOP opposing the request.) Assuming nothing unexpected happens and this does go through, I’ll be very interested to see what they turn up. I feel confident saying there’s more to that botched raid than we know about right now.

Final bail settlement reached

We are coming to the end of a very long road.

A long-awaited settlement in Harris County’s historic bail lawsuit won tentative approval Friday from all parties, setting up a possible end to a contentious system that kept poor people behind bars on low-level charges while those with money could walk free.

The agreement — if approved by a federal judge and county officials — would formally adopt the judge’s findings and modernize the way local officials handle bail hearings for the steady stream of people arrested every day on misdemeanors.

Key reforms in the lengthy consent decree include revised judicial protocol, access to more public defense services, open court hours for defendants to clear or prevent warrants, as well as text reminders about hearings and a bail education program for officials and the public. The county will have a court-appointed monitor for seven years to oversee implementation.

The county also would agree to pay about $4.7 million in legal costs for the plaintiffs, on top of the $9.1 million already spent to contest the lawsuit. An additional $2.1 million in legal fees has been waived by the Susman Godfrey firm.

Commissioner Rodney Ellis, who has championed bail and criminal justice reform for decades, called the agreement one of the highlights of his career.

“It’s a major civil rights victory that will have national implications,” Ellis said. “This fixes a broken system that has traditionally punished people based on how much money they have before they are convicted of a crime.”

The deal could provide a road map for other jurisdictions around the country to rethink their bail systems amid widespread overcrowding and a nationwide push for criminal justice reform.

Commissioners Court is set to vote Tuesday on the proposed deal. Chief U.S. District Judge Lee H. Rosenthal could then consider approving it after a hearing Aug. 21.

See here for some background. I got a press release from the Texas Organizing Project on Thursday about this, so I’ve been eagerly awaiting the news story. I can predict with confidence that Commissioners Court will approve this by a 3-2 margin. Elections have consequences. Kudos to everyone who worked hard to make this happen.

Paxton wants to move his case back to Collin County

Of course they do.

Best mugshot ever

Paxton’s defense team has asked that the case be moved back to his hometown of Collin County, years after it was moved from there to Harris County. The case was moved hundreds of miles southeast after the prosecutors claimed that Paxton, a Republican who is well connected in that region and once represented it in the Texas Legislature, would not get a fair trial there.

But Paxton’s defense team argued this week that the judge who moved the case to Harris County two years ago didn’t have the authority to do so, as his term overseeing the case had elapsed.

[…]

That leaves [Judge Robert] Johnson, a Democratic judge overseeing the case, with several issues to mull before Paxton faces a jury. Johnson has not yet responded to either side’s motion.

On Monday, Paxton’s defense attorneys argued that if there is a hearing on the prosecutors’ fees, they should also be present — and asked that the judge rule on changing the venue before the pay issue.

The Team Paxton motions were in response to the prosecutors’ motion to confer with Judge Johnson – just them, Team Paxton is not invited – regarding their pay. I can understand that motion, but as the Observer notes, the argument to move the case back to Collin County is a rehash of the same arguments they made when the case was originally moved. That was seen at the time as a win for Paxton, since his team had moved to boot the original judge from the case. It seems unlikely to me that Judge Johnson will agree to just hand the case back to Collin County, but it’s a lead pipe cinch that Team Paxton will appeal that ruling and thus accomplish their main goal, which is delaying this trial from now until the heat death of the universe. Either way, they get something they want. The DMN has more.

We’re still #4

We’ll probably be that for awhile.

According to the new report from the Greater Houston Partnership, the domestic population growth for the Houston region has slowed down over the last eight years. The report, which is based on population estimates data from the U.S. Census Bureau released this spring, cited factors such as the downturn of the oil and gas industry and Hurricane Harvey as reasons for the slump.

“At the current pace, Houston won’t overtake Chicago for another 25 years,” the GHP stated in a July 2019 Economy at a Glance report.

Another notable trend the report found is that international migration to the Houston region has outpaced domestic migration over the last eight years, meaning more U.S. residents are moving to Houston’s outskirts while immigrants are moving to the city.

[…]

One-third of the metro Houston population now lives outside of Harris County, according to the report. Harris County accounted for all of the negative losses in domestic migration for the region from 2016 through 2018 – more than 100,000 residents. No other Houston area county experienced a loss in domestic migration, according to the report.

In fact, domestic growth into Houston’s nine surrounding counties has picked up over the last decade. Fort Bend County was ranked as the nation’s No. 10 fastest growing county from 2010 to 2018; while Montgomery was ranked No. 18; Waller No. 41,; Chambers No. 52 and Brazoria No. 83, according to the report.

“Harris County, with two-thirds of the region’s population, captured only 56.3 percent of the region’s growth over the past eight years,” the report stated. “The suburban counties, with one-third of the region’s population, captured 43.8 percent of the growth.”

It doesn’t really matter when, or even if, Houston passes Chicago to become the third largest city in America. This isn’t a race, and there’s no winner or loser. Growth trends can change on a dime, too, so the same kind of report made in, say, 2024 might well give a very different timetable. What does matter is how we respond to and plan for the effect of these growth trends. What can and should the city of Houston do to attract migrants, and retain existing population? Remember, population is representation, which is to say political power. How can the region react and get on top of housing, transportation, and flood mitigation needs in a coordinated way? We’ve had decades of growth in the Katy Prairie area that have had all kinds of negative effects downstream. We can’t afford to continue that. Part of the challenge here is precisely that there isn’t much in the way of regional authority. Needs and solutions don’t end at county lines, so more and better cooperation is needed. These are the things we need to be thinking about and acting on.

July 2019 campaign finance reports: Harris County

Before we get to the numbers, please read this.

El Franco Lee

The widow of former Harris County Precinct 1 Commissioner El Franco Lee has emptied most of her late husband’s $3.8 million campaign account by donating to community groups and charities.

Ethel Kaye Lee, the campaign treasurer, said Thursday she chose the recipients based on the intentions of her husband’s donors.

“The campaign monies were given for two reasons, for support of existing Precinct 1 programs and keeping him elected, so that’s the formula,” she said.

The account donated $3.01 million to 12 groups, including $500,000 to the Precinct 1 Aquatics Program, $200,000 to the St. Paul Scholarship Foundation and $150,000 to the Julia C. Hester House in Houston’s Fifth Ward, according to the campaign’s July finance report. The report covers the period from Jan. 1 to June 30.

The largest expenditure was $1.5 million to the Precinct 1 Street Olympics, a program Lee founded in 1986. The summer event serves thousands of children annually and includes swim lessons, a basketball tournament and career fair. It also supports the North East Adolescent Program, created by Lee in 1989, which seeks to lower rates of teen pregnancy, birth defects and sexually transmitted diseases in poor Houston neighborhoods.

[…]

The Lee campaign also donated to $200,000 to the Baylor College of Medicine’s teen health clinic and $50,000 to St. Jude Children’s Research Hospital. Two Catholic groups, the Dominican Sisters of Houston and Dominican Friars, Province of St. Martin De Porres, received $50,000 each.

According to the finance report, the campaign had $791,140 remaining on hand as of June 30, which Ethel Kaye Lee has been allocated. Under state law, the campaign has until 2022 to close the account.

See here for the last update, from April. I had noticed all of the activity when I looked at Lee’s report. I’m glad to see this money going to good uses.

Now, on with the show…

Lina Hidalgo, County Judge
Diane Trautman, County Clerk
Dylan Osborne, County Treasurer
Marilyn Burgess, District Clerk

Kim Ogg, District Attorney
Ed Gonzalez, Sheriff
Vince Ryan, County Attorney
Ann Harris Bennett, Tax Assessor

Lloyd Oliver, District Attorney
Audia Jones, District Attorney
Curtis Todd Overstreet, District Attorney

Harry Zamora, Sheriff
Joe Danna, Sheriff

Ben Rose, County Attorney
Christian Menefee, County Attorney

Rodney Ellis, Precinct 1
Adrian Garcia, Precinct 2
Steve Radack, Precinct 3
Jack Cagle PAC, Precinct 4

El Franco Lee
Diana Alexander, Precinct 3

George Moore, HCDE Position 1, Precinct 2
Eric Dick, HCDE Position 2, Precinct 4
Richard Cantu, HCDE Position 3, At Large
Josh Flynn, HCDE Position 4, Precinct 3
Michael Wolfe, HCDE Position 5, At Large
Danny Norris, HCDE Position 6, Precinct 1
Don Sumners, HCDE Position 7, At Large

Andrea Duhon, HCDE Position 5, At Large
David Brown, HCDE Position 7, At Large


Candidate     Raised     Spent     Loan     On Hand
===================================================
Hidalgo      318,967   162,328    1,400     192,572
Trautman      11,325     5,778        0      22,450
Osborne        1,000       155        0       1,201
Burgess        9,626     9,681        0       7,263

Ogg          135,860    22,773   68,489     330,425
Gonzalez     178,024    14,344        0     276,714
Ryan          41,925    15,417        0      85,318
Bennett       21,925    19,205        0      37,313

Oliver
Jones         23,669    11,234        0       9,967
Overstreet
Zamora             0     3,026        0           0
Danna        111,268    66,442    3,500      38,338
Rose          22,345     2,257        0      11,605
Menefee       34,869       326        0      34,542

Ellis        715,266   240,145        0   3,823,509
Garcia       552,590   289,169        0     810,149
Radack         5,000    96,250        0   1,634,106
Cagle        398,900   240,512        0     361,787

Lee                0 3,095,767        0     791,139
Alexander      4,210       445        0       1,982

Moore
Dick               0         0        0           0
Cantu          1,250     1,132        0         337
Flynn
Wolfe              0         0        0           0
Norris
Sumners

Duhon            155       262        0         389
Brown            700       406        0         313

County Judge Lina Hidalgo isn’t taking money from vendors, but that hasn’t stopped her from doing well in the fundraising department. At this rate, she’ll be well funded for her first re-election campaign. On the other end of the spectrum…what’s up with Steve Radack? He knows he’s up for election next year, right? I mean, he does have plenty of money, so one low-activity reporting period is no big deal. It still looks weird.

More aware of their ballot status next year are DA Kim Ogg and Sheriff Ed Gonzalez, and both responded as you’d expect. I’ll get to their situations in a minute, but the person I’ve got my eye on at this time is County Attorney Vince Ryan. He’s never been a big fundraiser, but he brings in a few bucks. If there’s a cycle where he’s going to need them, it’s this one.

And that’s because Ryan now has two primary opponents, Ben Rose and Christian Menefee, and while he has a cash on hand lead, it’s hardly insurmountable. In this high-turnout environment that the 2020 primary will be, Ryan’s biggest advantage will be the name recognition he has after 12 years in office. With a half million people or so likely to vote, it will take a pile of money to reach enough of them to make an impression. In a more typical year, you could hit the club and CEC meetings and hope to interact with enough of the old reliables to have a shot. In 2020, you’re going to have to do much broader outreach. That takes money, and it’s not clear that kind of money exists in the County Attorney race. We’ll see.

And speaking of opponents, we have them in the DA and Sheriff races. If your reaction to seeing Lloyd Oliver’s name wasn’t basically this, I don’t know what to say to you. Audia Jones we know about; she doesn’t appear to have gotten much traction yet, but there’s still time. I can’t tell from the limited information I have seen about Curtis Todd Overstreet to discern whether he’s running as a D or an R. I’m sure that will be clear enough soon. I can say the same about Harry Zamora running for Sheriff, I can’t tell his party just yet. Joe Danna is a Republican who has run for Constable in Precinct 1 a couple of times. His amount raised is not as impressive as it looks – about half of the total is in-kind donations for a fundraiser, and nearly half of the actual cash he got was a single $25K donation from Janice McNair.

Beyond that, not much we didn’t already know. I’m sure there will be a lot more raised in Commissioners Court Precinct 3, and for sure there will be more candidates. At some point I need to take a closer look at the Constable and JP races, because those are another good source of Dem takeover opportunities. For now, this is where we are.

We return once again to the Paxton prosecutor pay fight

This is an interesting argument.

Best mugshot ever

The prosecutors appointed years ago to take Texas Attorney General Ken Paxton to trial will continue to fight over their pay rate, lengthening a dispute that has already delayed the case for well over a year.

[…]

Prosecutors Brian Wice and Kent Schaffer had signaled they might withdraw from the case if they could not be paid. Instead, they are now asking a Harris County judge for a private, “ex parte” hearing over their fees — a meeting that would not include Paxton’s defense team. In a filing this week, they asked Judge Robert Johnson to “issue a new order for payment of fees.”

“The Attorneys Pro Tem’s payment is now an administrative matter for the trial court to decide,” an attorney for Wice and Schaffer wrote. “The Court of Criminal Appeals’ decision provides the court with the parameters necessary for the court to use its discretion in discharging its administrative duties.”

They added that “there is no authority suggesting that an adversarial hearing regarding the payment of fees … should be held” — arguing that Paxton’s defense lawyers should not be present for the hearing.

The judge has not yet responded to the request. A spokesman for Paxton did not return a request for comment.

See here for the last update. I’m glad they waited till after the legislative session to advance this argument, as I can easily imagine a hastily-written bill to cut this off at the knees getting rammed through. I’ve no idea if this brief, let alone the assertion that there doesn’t need to be a response from Team Paxton, has any merit or has ever been tried before. But it sure isn’t boring, and I can’t wait to see how Judge Johnson rules. The DMN has more.

Harris County goes shopping for new voting machines

It’s time.

Diane Trautman

Harris County formally has begun searching for a new voting machine model with the aim of debuting the devices in a 2021 election, County Clerk Diane Trautman announced Tuesday.

Speaking at the International Association of Government Officials trade show in downtown Houston, Trautman said the county plans to select a vendor for new voting machines by next July. She estimated the cost of purchasing about 5,000 machines would be $74 million.

“One of the issues that I campaigned on was making the election process simpler and more convenient, and more trustworthy,” Trautman said. She added, “Now it is time to address making the voting process more trustworthy by replacing our outdated voting machines.”

Trautman said replacing the current machines, some of which are 20 years old, is an important next step after her administration debuted countywide voting centers in May. Harris County awaits approval from the secretary of state to expand the system, which allows voters to cast ballots at any location, regardless of their assigned precincts.

The clerk’s office plans to form a community advisory group in the fall and issue a request for proposals to vendors in January. A voting selection committee comprised of election workers and staff from the county universal services and purchasing departments will help choose two voting machines as finalists in March.

John Coby was at that trade show as well, and he’s got some pictures if you want to see what Trautman et al were looking at. The goal is to have the new machines in place for the 2021 election, which will provide a nice lower-turnout environment for a shakedown cruise. The head voting honcho at the Clerk’s office is Michael Winn, who came over from Travis County, where they replaced their voting machines a few years ago and have been doing some design work for the next generation of them. Look for some of those features, which will include a printed receipt, as we go forward.

What can the county do about ethics?

Maybe something. Maybe not. Who can tell?

Commissioner Rodney Ellis

Harris County Precinct 1 Commissioner Rodney Ellis has proposed two ethics reforms he says are needed to improve transparency in county government, though Texas counties’ limited rule-making power may scuttle his plan.

Commissioners Court on Tuesday unanimously backed Ellis’ request to study how the county can establish mandatory registration of lobbyists and a blackout period for campaign contributions to elected officials from firms who seek or receive county contracts.

“We’re living in a time when public trust in government is shaken and everyday people are concerned about the undue influence of special interests,” Ellis said in a statement afterward. “We have an opportunity and obligation to strengthen public trust by reducing any appearance of or actual preferential treatment when it comes to how public dollars are spent.”

[…]

Ellis said the county needs an ethics commission to enforce any new rules. His vision, however, may be hamstrung by the limited ability Texas counties have to enact such policies. Unlike municipalities, which can establish their own rules and ordinances, counties only can follow the lead of the Legislature, Harris County First Assistant County Attorney Robert Soard said.

That limitation tied the hands of County Judge Ed Emmett, who established a task force that recommended a series of ethics reforms in 2009. Among them: creating an ethics committee, posting officials’ personal and financial disclosure forms online and ethics training for county employees.

The county attorney at the time concluded Commissioners Court lacked the authority to act on many of the proposals. The ethics committee only met twice before the county attorney said state law prevented the body from meeting confidentially, granting protection to whistleblowers or having the authority to supervise elected officials or their departments.

Some county ethics rules remain in place. Elected officials still must complete the disclosure forms, and any county employee involved in negotiating contracts with vendors must declare conflicts of interest. Commissioners Court members often disclose during meetings why they are abstaining from a vote, though written conflict of interest forms are not filed with the district clerk until afterward.

Soard said the Legislature has not given counties any new powers to establish ethics rules in the decade since Emmett tried, though El Paso and Montgomery counties sought and received special permission from state lawmakers to set up their own ethics commissions. Harris County could try a similar approach, Soard suggested, though the Legislature will not return to Austin for a regular session until 2021.

“We’re certainly working with the commissioners to see what the county can do,” Soard said.

I’m sure I’ve been salty on this blog about past attempts to improve ethics in Harris County. In retrospect, the lack of authority as granted by the state seems obvious. Maybe we’ll have better luck this time, but I agree that getting a bill passed in the Lege would help. There’s always 2021.

Next Dem debate will be in Houston

Cool.

The third debate in the Democratic presidential primary will be in Houston, party officials announced late Tuesday.

The event, sponsored by ABC News and Univision, is scheduled for Sept. 12 and 13.

“Texas is a battleground state, period,” Texas Democratic Party Chairman Gilberto Hinojosa said in a statement. “We know that when Texas goes blue, the White House will follow. We are pleased that our partners at the Democratic National Committee have agreed to host the third Presidential Debate here in Texas.”

Party officials did not immediately say where in Houston the debate would be held.

[…]

The Houston debate will be the first debate to use higher standards for candidates to qualify. They must get 2% support in four polls and receive 130,000 donors. For the upcoming Detroit debate, candidates only have to crack 1% in three surveys or accrue 65,000 contributors. That lower threshold was also used for the Miami debate last month.

It remains to be seen whether the two Texans running for president will make the September debate stage. Julián Castro announced Monday he had crossed the 130,000-donor threshold, but he has hovered below 2% in most recent polls. Beto O’Rourke has likely blown past the donor requirement based on previously released statistics, though he also has work to do in the polls.

Well, I did say that the road to the White House goes through Houston. It would be a little weird if both Castro and Beto are not there – maybe they can get some kind of home team discount if they need it? – but having a smaller field is fine by me. Kudos to all for making this happen. Here’s the TDP announcement, and the Chron has more.

David Temple re-trial is now underway

I continue to be fascinated by this.

It’s 1999 in Katy, Texas.

A seemingly perfect couple is falling apart at the seams. David Temple, a high school football coach, is having an affair with a beautiful teacher on campus. His wife, a beloved special education instructor, is becoming anxious. She’s also eight months pregnant.

It was an act of disloyalty, David Temple’s attorneys conceded with opposing state prosecutors. The legal parties disagree, however, on the events of Jan. 11, when Belinda Temple was found shot to death in the closet of her master bedroom.

Lawyers began to reconstruct the murder of Belinda Temple for Harris County jurors on Monday, launching testimony for her husband’s second criminal trial in 12 years. Unlike the first trial, when jurors found David Temple guilty in the killing – a decision that was later overturned by an appeals court – attorneys were tasked with making the panel understand a story from another era.

“We’re going to go back in time,” David Temple’s attorney, Stanley Schneider, began his opening argument on Monday. “We’re going to hear a story of betrayal, two betrayals.”

The lawyer told jurors that while the defendant was unfaithful to his wife, law enforcement also betrayed citizens by operating with “tunnel vision” in the case, which rocked the Katy area in the early 2000s and has maintained a hold in the county ever since.

[…]

“There was only one person on this Earth who had the motive, the means and the opportunity to cause her death,” said Lisa Tanner, a state prosecutor re-trying the case in lieu of the Harris County District Attorney’s Office, which recused itself after the initial verdict was reversed. Investigators didn’t charge anyone with the crime at first but had questions about Temple’s account, Tanner said. The family’s dog was aggressive and made it difficult for police officers to even gain entry into the yard, making them wonder how a burglar could have made it past. The break-in also seemed staged, Tanner said, as evidenced by the location of broken glass on the floor.

Surveillance videos located Temple being where he said he was on two instances, but the videos are separated by a nearly 45-minute gap, Tanner said.

See here for the background and here for all posts. Again, I don’t have anything to add. We just don’t see many re-trials like this, especially in cases where the original prosecutors had been found to have withheld possibly exculpatory evidence. We’ll never know the answer to the questiof what might have happened if they had played by the rules back then, but we’ll see what happens now that this evidence is known to all. I’ll be keeping an eye on this.

You want to be President, you’ve got to come to Houston

And so they are.

No Democratic candidate for president has won Texas in over 40 years, and yet the flow of Democratic contenders coming through the state, and Houston specifically, has been unusually strong in 2019.

Just since March, 14 of the Democrats running for the White House have already appeared at 26 different events in Houston. And that’s before 10 of the top contenders return on Friday afternoon to take part in a two-hour presidential campaign forum organized by the National Education Association.

“This is where the action is,” said DJ Ybarra, executive director of the Harris County Democratic Party. “This is where you need to be.”

For sure, Texas presidential primary elections loom large on March 3, especially as Democratic strength at the ballot box has grown in Harris County. But another reason is money.

[…]

The surge in fundraising in Houston mirrors what has happened at the ballot box. In 2004, Democratic presidential candidate John Kerry lost Harris County by more than 100,000 votes. Four years later, Barack Obama won Houston by just over 19,000 votes. Even though she lost the state, Hillary Clinton won Harris County by 161,000 votes in 2016. Last year, in his U.S. Senate race, O’Rourke won Harris County by over 200,000 votes.

The dramatic shift of Harris County from a red county to blue is a major reason some politicians and pollsters are wondering if Texas is close to turning blue. According to a Quinnipiac University survey of Texas in early June, President Donald Trump trailed Biden by four percentage points. The president had 44 percent of the vote compared to Biden’s 48 percent.

Texas also plays a big role in the Democratic primaries. After the traditional first four states (Iowa, New Hampshire, Nevada and South Carolina) vote in February 2020, Texas will be next up along with 14 other states voting on Super Tuesday March 3. If those first four states haven’t decided the race, Texas and its haul of delegates will put those who have been cultivating Harris County votes in a prime position.

I skipped over the money stuff because I’m more interested in the votes. Here’s a little table to consider:


Year      Harris     State    Harris%
=====================================
2008 P   407,102  2,874,986     14.2%
2008 G   590,982  3,528,633     16.7%

2012 P    72,665    590,164     12.3%
2012 G   587,044  3,308,124     17.7%

2016 P   222,686  1,435,895     15.5%
2016 G   707,914  3,877,868     18.2%

2018 P   157,121  1,042,914     15.1%
2018 G   700,200  4,045,632     17.3%

The numbers represent Democratic votes cast. As I’ve said before, I fully expect the 2020 primary to be like the 2008 primary, but more so. I think the over/under right now is for three million votes, which means we’re looking at something like 500K Dem primary voters here in Harris County. The Texas race is for sure going to separate the contenders from the (many, many) pretenders. So yeah, if you want a shot at the nomination, you’d better come to talk to Democratic voters in Harris County. There’s far too many of us to ignore.

(This doesn’t have anything to do with the main thesis of this post, but I want to state it for the record anyway: Hillary Clinton got more votes in Harris County than she did in 23 states plus Washington, DC. Harris County has about as many people as the state of Louisiana, so if we were our own state we’d have eight electoral votes. Put that in your Juul and vape it.)

Did the Lege sort of decriminalize marijuana?

Well, sort of.

Because of a new state law, prosecutors across Texas have dropped hundreds of low-level marijuana charges and have indicated they won’t pursue new ones without further testing.

But the law didn’t decriminalize small amounts of marijuana for personal consumption. It legalized hemp and hemp-derived products, like CBD oil.

An unintended side effect of the law is that it has made it difficult for law enforcement to tell if a substance is marijuana or hemp, according to prosecutors. Among other provisions, House Bill 1325 changed the definition of marijuana from certain parts of the cannabis plant to those parts that contain a higher level of tetrahydrocannabinol, the psychoactive ingredient in marijuana that produces a high. It’s a difference numerous district attorneys, the state’s prosecutor’s association and state crime labs say they don’t have the resources to detect, weakening marijuana cases where defendants could claim the substance is instead hemp.

“The distinction between marijuana and hemp requires proof of the THC concentration of a specific product or contraband, and for now, that evidence can come only from a laboratory capable of determining that type of potency — a category which apparently excludes most, if not all, of the crime labs in Texas right now,” stated an advisory released by the Texas District and County Attorneys Association last month.

A spokesperson for the Texas Department of Public Safety, which runs more than a dozen state crime labs to conduct forensic testing, including drugs, for local agencies said it does not have equipment, procedures or resources to determine the amount of THC in a substance. Some involved in the hemp legislation have countered that there is already available equipment to test suspected drugs, even if it isn’t in most crime labs.

Still, top prosecutors from across the state and political spectrum — from Harris to Tarrant counties — have dismissed hundreds of pending marijuana charges since the law was signed by Republican Gov. Greg Abbott and immediately went into effect on June 10. They have also signaled they won’t pursue any new charges without testing a substance to indicate if there is more than 0.3% of THC, the now-legal limit to distinguish between hemp and marijuana.

“In order to follow the Law as now enacted by the Texas Legislature and the Office of the Governor, the jurisdictions … will not accept criminal charges for Misdemeanor Possession of Marijuana (4 oz. and under) without a lab test result proving that the evidence seized has a THC concentration over .3%,” wrote the district attorneys from Harris, Fort Bend, Bexar and Nueces counties in a new joint policy released Wednesday morning.

So basically, some counties are now refusing to accept low-level pot cases out of concern that they would not be able to prove them at this time; Harris County is one of them. Others will carry on as usual and see what happens, while DPS is now pushing to get the lab equipment they would need to adjust to this change. I think in the end that the prosecutors will figure out how to adjust to this, and at some point the lab equipment will catch up, so in a few months things will return more or less to normal. I mean, I’d be happy if they all just decided this was a better state of affairs and adopted the stance that this change was permanent. But that’s not going to happen.

A preview of the joint primary

Diane Trautman

Like Campos and John Coby, I recently had the opportunity to visit the Harris County Clerk and get a preview of the proposed joint primary. Coby describes it in some detail, with pictures, so I won’t duplicate his effort. Basically, the process will be very much like what you are used to already. The main difference in terms of the experience is that instead of telling the poll worker what primary you want to vote in, you pick it from a touch-screen tablet. Otherwise, it’s exactly what you’ve done before – you show your ID and sign in, you get a code for one of the eSlate machines, and you go vote. That’s all there is to it. The practical effect is that now all of the machines are available to you. There aren’t machines designated for one primary or the other, so if you’re voting at a location that historically has a long line for one party with idle machines for the other, that will no longer happen. This should help the lines move more efficiently, which in a year where a very high turnout is expected on the Dem side is greatly appreciated.

Primaries are run by the parties, and the initial reaction to this was positive from the HCDP and negative from the Harris County Republican Party. We were told at this visit that both Dem Chair Lillie Schechter and GOP Chair Paul Simpson had been in to see the same setup, and it went well. Simpson is supposedly going to make a decision about this in the next two to three weeks. I asked about the experience other counties have had with joint primaries. Michael Winn, the elections administrator who came from Travis County, said they made the change in 2011 and haven’t looked back. We’ll see.

We also discussed how election night returns are reported, which was a concern in the May election after the switchover to voting centers. We’re used to seeing reports come in by precinct, but with anyone being able to vote anywhere now that’s going to be a different experience. They’re working on that now so as to provide a better picture of where the vote totals are coming from, and they promised a preview for interested parties (campaigns, media, etc) in October. I’ll report back then. In the meantime, I have a good feeling about how this is going. Let me know if you have any questions.

How many contested judicial primaries should we expect?

We already know that we’re going to get primary challenges to at least one Democratic countywide officeholder, as County Attorney Vince Ryan has two challengers lining up against him, and DA Kim Ogg has at least one person who has announced interest in challenging her. Most of the county offices available are judicial, though, and now that the local judiciary (other than a few JPs) is entirely Democratic, the path to gaining a bench for yourself is limited if one doesn’t want to take on a Democratic incumbent. I had a conversation about this with some folks recently, and we were debating how many such challenges we may see this year. I thought the number would be relatively small, and I based that on the belief that there weren’t that many primary challenges to Republican judges in recent years. That was my intuition, but I didn’t know the actual numbers at the time. I’ve now had a chance to look through recent primary history, and this is what I found:


Republican judicial primary challenges

2002 - 5
2004 - 0
2006 - 4
2008 - 1
2010 - 1
2014 - 3
2018 - 1

That’s less than I had thought. A couple of notes here. I only looked at the years in which all the incumbents were Republican (so no 2012 or 2016), and I limited myself to district and county courts (so no statewide, appeals courts, or JPs). There were some contested races in years where a jurist had been appointed to complete the term of someone who had stepped down or gotten a promotion – in 2008, there were two such races, in in 2012 there were four, for example – but I put those in a separate category. Basically, from what I found, there were actually very few challenges to sitting judges who had served full term. Make of that what you will.

Now, a couple of caveats here. One possible reason for the lack of challenges to four-year incumbents may be because there often were benches vacated in the middle of someone’s tenure, which allowed for a challenge of someone who had been appointed. These judges presumably felt comfortable stepping down mid-term because they knew their replacement would also be a Republican, with district court judges being appointed by the Governor and county court judges being appointed by Commissioners Court. With the exception of Al Bennett, who was named to a federal bench, no Democratic district court judge has stepped down since the first set were elected in 2008. Some have declined to run for re-election, but no others have given Rick Perry or Greg Abbott the opportunity to pick their interim replacement. County court judges won’t have that concern now, but for the foreseeable future I don’t expect any district court judges to abandon their post before it expires if they can at all help it. That points towards more primary challenges than what we had seen in the past.

In addition, while there was no upward trend in primary challenges over time, I think we’re in a different era now, and I think people will be less squeamish about taking that plunge. Honestly, if there ever was a year to try it, it would be this year, because the extreme turnout expected due to the Presidential race ought to make most of these races pure tossups, and by “tossup” I mean the most important factor will be your ballot position, which is determined by random draw. We’re all going to need to be on guard for low-grade opportunists who hope to luck into a bench. I hope I’m overstating this concern.

Anyway. Unlike for executive offices, I don’t expect judicial challengers to announce themselves this early, but it will be filing season before you know it. What do you think will happen?

Still no more prosecutors

I remain fascinated by this dynamic.

Kim Ogg

Harris County Commissioners Court on Tuesday rejected District Attorney Kim Ogg’s request for more staff to handle fallout from the Houston Police Department’s botched Pecan Park drug raid, the second time this year commissioners have turned down Ogg’s push for more prosecutors.

The court voted 3-2 along party lines after a feisty debate involving the court’s reform-minded Democratic majority, officials from Ogg’s office and the outnumbered conservative commissioners. In the end, Commissioners Rodney Ellis and Adrian Garcia joined County Judge Lina Hidalgo in turning down the request.

Added to the court’s agenda late Friday, Ogg’s request would have granted the district attorney’s office 10 new positions — seven felony chief prosecutors and three investigators — to handle what officials in Ogg’s office characterized as an overwhelming caseload aggravated by the Jan. 28 Harding Street raid.

The court’s decision came a day after HPD agreed to give prosecutors thousands of pages of records relating to their use of confidential narcotics informants, avoiding a legal showdown that loomed after prosecutors from Ogg’s office threatened to issue grand jury subpoenas to get the records.

Instead of granting Ogg more staff, Hidalgo, Ellis and Garcia voiced support for an external review by an independent third party. They also cited a Chronicle report that raised questions about caseloads and Ogg’s push for more than 100 new lawyers earlier this year, which the court also rejected.

[…]

In a statement, Ogg said her office “remains dedicated to fully investigating the Harding Street shootings” and said the shooting victims’ family members “and our entire community deserve to know the truth sooner, not later. Unnecessary delay creates hardship for everyone associated with this tragedy. If police misconduct led to the wrongful convictions of anyone, then every extra day served in the penitentiary waiting for justice increases the potential financial liability for Harris County taxpayers.”

Ellis, a longtime criminal justice advocate, told officials from the district attorney’s office that he did not feel comfortable receiving Ogg’s request late Friday, and urged King to meet first with an independent prosecutor before having commissioners vote on additional staff.

Hidalgo suggested that Ogg’s request was a reaction to coverage of the botched raid, telling King that Commissioners Court members “don’t write budgets based on headlines.”

See here for more on the first time Ogg asked for more prosecutors, here for more on that Chron story about caseloads, and here for more about the late ask for more prosecutors this time around. I can think of three things to say. One is that Kim Ogg should listen to Rodney Ellis and consult with someone outside Harris County about their staffing needs before taking any further action. Two, that consultation should include reviewing and revising those numbers the Chron cited, if only to present an alternative report that conforms to the specifications cited. And three, one way or another she needs to build or rebuild trust between her office and the Democrats on Commissioners Court, because she sure isn’t getting the benefit of the doubt from them. The campaign ads for her primary opposition are being written for them.

By the way, Commissioners Court updated the county’s nondiscrimination and anti-harassment policies

Nice.

The Commissioners Court voted 3-2 along party lines to [add sexual orientation and gender identity to the county’s nondiscrimination and anti-harassment policies].

County Judge Lina Hidalgo, along with Commissioners Rodney Ellis and Adrian Garcia — all Democrats — voted in favor. Republicans Jack Cagle and Steve Radack voted against. Prior to the vote, several LGBTQ advocates spoke in support of the proposal, while only one person — Dave Welch of the Houston Area Pastor Council — spoke against it.

Welch told the court that sexual orientation and gender identity are “undefinable” — and claimed the new nondiscrimination policies would “be used as a bludgeon against those who disagree.”

Commissioner Garcia responded with an emotional story about his late brother, Huberto, who died from AIDS in 1995.

“My brother was gay, and he grew up at a time when if you exhibited any tendency … you got beat up,” Garcia said. “So, here we have an opportunity to simply say, ‘People matter, and that people will be protected.’

“My brother couldn’t come home to die with his family,” Garcia said. “California at the time was the only place he could get healthcare”.

[…]

The new policies would take effect immediately and bring Harris County in line with other major Texas counties, including Bexar (San Antonio), Dallas and Travis (Austin) counties. Harris County is the third-most-populous in the nation and has more than 15,000 employees. The policies would also cover several hundred employees at the Harris County Flood Control District (think: Hurricane Harvey).

This only merited a passing mention in the Chron, which I find disappointing. Note that this policy applies only to Harris County employees; Commissioners Court doesn’t have the authority to do this for the county as a whole. Despite the failure of HERO, the city of Houston has long had a similar non-discrimination policy for its employees, which Mayor Parker updated to include transgender employees back in 2010. Elections have consequences, y’all. Kudos to Judge Hidalgo and Commissioners Ellis and Garcia for getting this done.

Some county race updates

2020 is going to be a very different election year in Harris County, because for the first time in anyone’s memory all of the non-HCDE countywide offices are held by Democrats. If you’re a Democrat in Harris County and you want to run for judge or an executive countywide position, you either need someone to step down or you need to challenge an incumbent Democrat. This month, we’re seeing some activity on that score, as two Democratic hopefuls have filed designation of treasurer reports for the purpose of running for County Attorney against three-term incumbent Vince Ryan. They are Ben Rose, who ran for HD134 in 2016, and Christian Menefee, past president of the Houston Black American Democrats (HBAD). That makes this one of the main local primaries to watch for 2020.

I have expected that someone, possibly more than one someone, would challenge Ryan, assuming he doesn’t decide to retire. We can agree that while Vince Ryan has generally been a fine County Attorney – his office has been sufficiently aggressive in enforcing environmental law that the Lege has taken steps to clip his wings, and he quickly put an end to then-Clerk Stan Stanart’s equivocating nonsense following the Obergefell ruling, among other things – a lot of people did not care for how he handled the bail lawsuit. If Ryan does run for a fourth term, I’m sure we’ll relitigate that with vigor. Regardless of whether Ryan is on the ballot or not, I hope we also have a spirited argument about what the role of the Harris County Attorney should be in a blue county with a Democratic majority on Commissioners Court. Is there room to take a more activist role in fighting against the actions by the state and federal government that directly harm Harris County? Maybe the answer to that question is No, and maybe the answer to that question is “Yes, but it comes with significant risk”, but I think it’s a question worth exploring. Let’s talk about what a Harris County Attorney should be doing, not just what that office and the person in charge of it have been doing.

I mentioned that the two At Large HCDE seats that remain in Republican hands are the last countywide seats held by a member of the GOP. They are At Large positions 5 and 7, now held by the execrable Michael Wolfe and the dinosaur Don Sumners. Both of them now have declared challengers, as Andrea Duhon and David Brown have filed treasurer reports against them. Duhon, who ran for and narrowly lost the HCDE Precinct 3 race last year, is up against Wolfe, while Brown will oppose Sumners. I won’t be surprised if they have company in their primaries, but for now they’re the ones.

Finally, I haven’t seen a treasurer filing, but Diana Alexander has announced her intention to challenge County Commissioner Steve Radack in Precinct 3. Alexander manages the Indivisible Houston, Pantsuit Republic, and Pantsuit Republic Houston Facebook groups; I don’t know anything else about her at this time. I can say for certain that others will be entering this race, as this is the top local prize for Democrats to pursue. Some names I have heard mentioned in connection with this include term-limited Council Member Mike Laster, former State Rep. Kristi Thibaut, and Precinct 1 Constable Alan Rosen, who would not be able to say anything about this without triggering resign to run. If you’ve heard other names being bandied about for this, please leave a comment and let us know.

David Temple re-trial starts

The beginning of the next chapter in a long story.

For the second time in 12 years, a former Katy-area football coach is standing trial in the murder of his pregnant wife, seeking exoneration after prosecutorial misconduct caused his first conviction to be reversed.

David Temple’s return to court takes place almost 20 years after his wife’s death, which he has insisted was the result of a botched break-in at their home. The murder and trial in 2007 became drew national attention and the case has remained controversial ever since.

Jury selection began Thursday and will continue this week, with testimony due to begin next month. State District Judge Kelli Johnson, special prosecutors from the Texas Attorney General’s Office and defense attorneys are choosing from a pool of 240 potential jurors.

The amount of time that has lapsed usually benefits the defense, said Sandra Guerra Thompson, director of the Criminal Justice Institute at the University of Houston. It remains to be seen what evidence withheld from the first trial will be presented.

“We probably shouldn’t expect any surprises,” she said. “The question is how much the prosecutors’ case has degraded over time.”

See here for all the background I have on this. The case is being prosecuted by a lawyer from the Attorney General’s office, as DA Kim Ogg recused her office due to the allegations of misconduct against the office from the past. Suffice it to say that this case is a hot potato, and people have strong feelings about it and about David Temple. I’m just interested in seeing how it plays out this time around.

Scouting the opposition in CD07

Not impressed so far.

Rep. Lizzie Fletcher

Facing a roomful of conservative voters at a meet-and-greet earlier this month, Republican Wesley Hunt laid out the stakes for his party’s primary in Texas’ 7th Congressional District.

“This is about putting the best candidate forward who can beat Lizzie Fletcher. Period.” Hunt said.

Republican voters still are smarting from their 2018 loss in this suburban west Houston district, where Fletcher, a Democratic Houston energy lawyer, toppled nine-term GOP incumbent John Culberson. Her five-point win flipped the seat blue for the first time since the 1960s, prompting Republicans to take aim at the district almost as soon as Fletcher took office.

The GOP primary field already has come into focus, setting up a clash between Hunt, an Army veteran who works for Perry Homes, and Cindy Siegel, a former Bellaire mayor and METRO board member. Battle lines are sharpening, but not around the two candidates’ conservative bona fides or the strength of their policy proposals. The early contours of the race instead have centered on the question: Who is best positioned to snatch the seat from Fletcher?

Threatening to upend the primary is the potential candidacy of Pierce Bush, CEO of the nonprofit Big Brothers Big Sisters Houston affiliate and grandson of former president George H.W. Bush, who once represented the district.

Bush in an email earlier this month said he still is mulling a run for the seat and has been “flattered by people who are encouraging me to consider running,” though he did not lay out a deadline for a decision.

Meanwhile, both declared Republicans have their electability pitches ready to go. Hunt, 37, contends the party could use a “new generation of leadership,” and he peppers his stump speech with references to his time as a helicopter pilot in the Army, including his combat deployment to Iraq. Siegel, meanwhile, pitches her governing experience serving on Bellaire city council and as mayor, along with a number of boards and commissions.

Also, she contends that it will take a Republican woman to beat Fletcher.

“I feel that way strongly,” the 64-year-old Siegel said. “It’s coming as no surprise to anyone, on a national basis: Women have moved away from the Republican Party.”

[…]

In 2018, Trump’s name did not appear on the ballot, but scores of voters in Texas’ 7th said they viewed the election as a referendum on the president nonetheless. Now, the president’s down-ballot impact is set to become amplified, for better or worse, with his name likely atop the Republican ticket in 2020.

After the president lost the district to Clinton in 2016, 48 to 47 percent, the Democratic Congressional Campaign Committee took notice and weighed in heavily on Fletcher’s behalf, spending north of $3.5 million on the seat in 2018.

This time, House Democrats’ campaign arm again figures to play a heavy role, making early attempts to muddy the GOP waters. When Trump visited Houston in April, for instance, the group sent reporters a news release with the subject line: “With Trump in Houston, How Far Will Hunt and Siegel Go to Win Him Over?”

That last bit is more important than who wins this primary, because whoever it is will have Donald Trump as their running mate. Unless the national mood starts souring on Democrats, I think that’s going to be too big an obstacle to overcome.

Beyond that, it’s just too early to have any opinions about these two, or possibly three, candidates. I fully expect one or two other names to pop up, though whether the field expands like it did on the Democratic side in 2018 I couldn’t say. Given the need to raise funds for this race, time is starting to run out for any other wannabes.

Speaking of fundraising, here’s a data point to note for when Hunt and Siegel file their Q2 finance reports. The top four Dem contenders in CD07 raised $1.2 million combined as of July 2017. Fletcher had the second most, with $365K. The eye-popping early numbers all around the country were a leading indicator of Democratic enthusiasm for the 2018 election. I’ll be very interested to see how things look this time around.

One more thing. What happens to CD07 in the 2021 redistricting cycle. Before the 2018 election, when I figured John Culberson would still be the incumbent, my thinking was that Republicans were going to have to shift some of the district out of Harris County – maybe into Montgomery, maybe into western Fort Bend, maybe northwest into what’s now part of CD10 – to keep it red enough for him. At the very least, they’d have to take some of the bluer-and-bluer inner Harris parts out to keep things in their favor. What happens now if Fletcher wins again? Well, they could try this anyway, to take that seat back by other means. Redistricting doesn’t happen in a vacuum, though, and with CDs 02, 10, and 22 all getting competitive it might be too much to save everyone, especially in a solidly blue Harris County and a much more balanced state as a whole. It would not shock me if the Republicans basically gave up on CD07 and used parts of it to shore up those other districts, especially CD02. That’s more or less what they did with the State House in 2011, making HD133 (which they had lost in 2008) redder while making HDs 137 and 149 bluer. Incumbent protection is still a thing that matters, and in a state with fewer safe Republicans, it may matter more than ever. Just a thought.

Joint primaries

Another potential change to how we vote is in the works.

Diane Trautman

Harris County primary voters could see a big change at the polls in 2020 if local party leaders agree on a new proposal.

Under the current system, voters go to the polls and they’re asked to say which party primary they want to participate in, Republican or Democratic. Voters line up separately. But Harris County Clerk Diane Trautman said Tuesday that combining the lines would be more cost-effective and give voters more privacy.

“You won’t see a Republican party here, Democratic party here. You’ll see one of each at each table, and you’ll have three lines that you could go in,” Trautman said.

Voters would check in at joint primary tables and select one party on an iPad.

“The other thing they’re going to notice is that there aren’t any lines outside the door,” Trautman said. “So that will be refreshing.”

She said the new plan addresses the biggest complaints she hears from voters.

Harris County officials hope to reach an agreement with party leaders by the end of the month. If approved, the new system would be in place for the next primary in March 2020.

The HCDP has agreed to this. The Republicans, not so much.

Harris County Republican Party Chairman Paul Simpson said Texas law allows parties to run their own primary elections, and he is reluctant to cede that role to the county clerk.

“The Democrat county clerk’s proposed joint primary elections would empower the bureaucrats and, worse, let one party’s workers run the other party’s primary election that selects its candidates, running the risk of disenfranchising, inconveniencing, and confusing voters,” Simpson said in a statement.

I actually have some sympathy for Simpson’s position. I have no doubt that if Stan Stanart had proposed this, I’d be suspicious, even with the knowledge that Harris is the only major county in the state that doesn’t hold joint primaries. I’d need to be convinced as a Democratic primary voter, and I’m sure Paul Simpson believes his voters will need to be convinced, too. (He’s on the ballot in 2020 as well, you know.) That said, I hope he goes into the discussion with an open mind. This makes sense on a couple of levels. One, you don’t have to announce your preference in front of strangers, which is the privacy appeal. Sure, anyone with VAN access can look up your record, but how many people do that? It’s also a more efficient use of resources, which should help shorten lines. Again, if there are questions or concerns, then let’s ask the party chairs in the other counties that do it this way, and see what they have to say about it. I’m happy to let Paul Simpson voice his worries, but let’s not be ruled by fear.

On prosecutor caseloads

I’m still thinking about this.

Kim Ogg

When a line of prosecutors stepped up to the microphone at Harris County Commissioners Court in February, they told tales of long hours, endless to-do lists and bloated caseloads well into the triple digits.

Their impassioned pleas and barrage of data were part of the push by the Harris County District Attorney’s Office for an unprecedented $21 million expansion that would add more than 100 lawyers to its staff.

But despite a weeks-long campaign, District Attorney Kim Ogg’s budget request failed. Now, four months later, records obtained by the Houston Chronicle and The Appeal indicate that the attorney caseload figures used to justify the request appear to overstate the office’s workload.

The data presented to commissioners and the public did not reflect that about two-thirds of the felony trial bureau attorneys consistently handle a smaller number of complex cases. Instead, it frequently presented the caseloads of the remaining third of the attorneys — those who handle over 900 cases on average — as representative of the whole trial bureau. The office also counted every charge in an arrest as a separate case and included more than 200 cases put on hold after defendants had not yet been arrested or had fled after violating the conditions of their bonds.

Based on the numbers provided by the DA’s office, an average caseload for “felony two” and “felony three” prosecutors combined would be less than 600, if all positions were filled in each court — and would be even lower if chiefs were included. Exact staff assignments that month were not released with the data.

[…]

Four members of the Commissioners Court—including all three Democrats who voted against the budget request in February—did not comment on the caseload figures.

But Commissioner Steve Radack, a Republican who offered staunch support for Ogg during the budget cycle, said that he did not feel the DA’s office misrepresented data and reiterated his concern about the county’s refusal to fund Ogg’s request for more prosecutors.

“It’s extremely unfortunate that she didn’t get it,” he said. “Frankly, it’s a misjustice.”

During budget discussions in February, County Judge Lina Hidalgo — the Democrat who heads up Commissioners Court —questioned whether prosecutors could simply lower their caseloads by charging fewer people and leaning more heavily on diversion alternatives.

“This is not the only way,” she said, “and certainly not the most cost-effective way to decrease prosecutor caseloads.”

Though Adam Gershowitz — a William & Mary Law School professor who co-authored a 2011 study on district attorney caseloads — raised concerns about the representations in the data, such as the inclusion of bond forfeitures, he stressed that too few prosecutors can have a negative effect on the legal system, leaving people waiting behind bars as their cases get reset instead of resolved.

“We could have debates about if (prosecutors) should charge less and maybe they should,” he said. “But they are overburdened and it’s bad on so many levels when the district attorney’s office is overburdened.”

There’s a lot more, so read on for the methodology and the questions about how cases were counted. One issue was with classifying all types of prosecutors as having similar workloads even though one group has many more cases than the others, and classifying things as active cases that aren’t really. The explanations for why things were counted as they were don’t really make sense. Even with that, there’s support – not unanimous by any stretch, but it’s there – for more prosecutors, and for managing caseloads. Maybe if we can all agree on what the case numbers actually are, we can better agree on what the number of prosecutors should be.

We still have a lot of broken flood mitigation infrastructure

Did I mention that hurricane season is underway?

As the Atlantic hurricane season arrives Saturday, Harris County leaders say the region remains extremely vulnerable to major storms two years after Hurricane Harvey’s unprecedented rains swamped the Houston area, forcing leaders to consider how flood protection projects can be sped up.

Ninety-five percent of the county’s flood control infrastructure damaged by Harvey has yet to be repaired, a testament to the scope of the monster storm and the laggard pace at which the federal government disburses funds. Though the county flood control district has begun projects supported by a $2.5 billion flood infrastructure bond passed by voters this past August, no major improvements have been completed.

The Harris County Flood Control District made $5 million in emergency fixes in the months following Harvey, such as clearing a dangerous silt build up in waterways leading into Addicks Reservoir. Engineers, however, had to wait for federal aid to begin the bulk of needed repairs.

“We literally could not start the construction before grants were in place because we would not have been reimbursed,” said Alan Black, the district’s director of operations.

[…]

The precarious state of Harris County’s flood control infrastructure leaves the region more vulnerable to storms like Harvey and Tropical Storm Allison in 2001, where rainfall rather than high winds posed the greatest danger.

“If we have an exposed area where we’ve had erosion and slope failures, then yes, we’re susceptible to more damage,” Black said. “There’s no doubt about that.” The county has more than 200 sites across its 23 watersheds with eroded banks, collapsed slopes or submerged trees.

The flood control district is relying on three federal grants, totaling $86 million, to fund the repairs. The first appropriation arrived last August; the remaining two were delayed by the 35-day federal government shutdown beginning in December and were not approved until the spring. Now that Harris County has hired construction firms, the flood control district expects to complete the repairs by September 2020, three years after Harvey.

The good news is that we are expecting a modest hurricane season. The bad news, well, you already know what that is. We need some good luck this year, because our shields are down, and they’re going to be down for awhile.

Moving ahead with voting centers

The first time was a success, so we’re going to keep using them.

Diane Trautman

Harris County Commissioners Court on Tuesday voted unanimously to apply for state approval to expand the use of countywide polling places to general elections.

County Clerk Diane Trautman said a trial run of the system during the low-turnout school board elections in May was successful. Trautman’s goal since taking office in January has been to implement countywide polling, where voters can cast ballots at any location rather than in assigned precincts, in high-turnout general elections which can draw more than 1 million voters.

Previously, Harris County featured countywide voting only at a small number of early voting sites, and never on Election Day.

“I am very pleased with the results of the May election,” Trautman said Tuesday. “As I hoped, in using a small election, we would find areas where to improve, and we did.”

[…]

Precinct 4 Commissioner Jack Cagle, who in the past has raised concerns about elderly voters losing their longtime polling places to consolidation, asked Trautman to promise to keep all polling places open. Trautman replied she would not close any sites.

County Judge Lina Hidalgo said the addition of countywide polling centers should make voting more convenient, since residents can use sites close to work or school, and boost turnout.

“It’s bringing that increased access to the vote to so many more people,” Hidalgo said.

A Rice University survey of 256 voters in the May election by Elizabeth Vann and Bob Stein found that most residents visited polling sites within one mile of home.

“Did voters seem satisfied? Overwhelmingly,” Stein said. “About 90 percent claimed they were satisfied finding their location.”

Stein, a professor of political science, cautioned that higher-turnout elections will bring additional challenges, such as long lines and parking problems. He said he plans to study the 2019 Houston municipal elections in November, which will have higher turnout than the May school board balloting, but still low compared to a November midterm or presidential election.

I’m very glad to hear that the people who voted liked the experience. I’m a confirmed early voter, so nothing will change for me, but lots of people vote on Election Day, and this should make it better for them. I have very modest expectations about how it will affect turnout, but I do think it will help keep lines from getting too long. There are improvements I’d like to see made in how the returns are reported, which I hope can be in place for this November. Otherwise, I look forward to getting this implemented.

New fronts in the war on mosquitoes

Science marches on.

In the center of Anita Schiller’s dragonfly-ring-clad hand, a dragonfly nymph is scooting around.

The dedicated naturalist and entomologist is explaining how the insect (which is a water-dwelling dragonfly with gills before it grows wings) expels water from its posterior in a squirting fashion. She laughed and called it “fart propulsion.”

Schiller is leading a team of four from the Harris County Precinct 4’s Biological Control Initiative through a man-made flood control site at the corner of Spring Cypress Road and Telge Road. They are releasing dragonfly and damselfly nymphs into the water, along with carnivorous plants, to help reduce the infectious mosquito population.

“What we’re bringing in will help stack the deck against mosquitoes,” Schiller, director of the initiative, says. “Mosquito suppression is built into the design of the project.”

The Biological Control Initiative started in 2012 with a mission to “find native agents to benefit from the locally adapted phenotype” to counter the mosquito population.

So, what exactly does that mean?

The agency rears human-friendly biological agents, such as dragonflies, damselflies and carnivorous plants, in a lab to be released into the wild to control the blood-sucking and potentially diseased mosquitoes that afflict Southeast Texas year round.

Dragonflies are robust, while damselflies are more dainty-looking. But both are ferocious eaters as adults and gleaning eaters as nymphs.

Introducing native and naturally flood-resistant plants into wetlands and areas of unavoidable standing water gives a larger return-on-investment than just a pesticide approach, Schiller says. The plants also don’t require regular maintenance.

The initiative has also garnered attention for its introduction of “mosquito assassins” in the Houston area. These mosquitoes, which are typically larger than other native species, do not feed off humans and instead work to eliminate the dangerous mosquitoes, such as Asian tiger (Aedes albopictus), southern house (Culex quinquefasciatus) and yellow fever (Aedes aegypti) mosquito larvae.

As the story notes, Harris County is also using mosquito traps and mutant mosquitoes to control our skeeter population. It’s a big deal, because mosquitoes mean Zika, and standing water means mosquitoes. Do your part to combat the buzzing menace by emptying out whatever pots or containers you have in your yard that fill up with rainwater after a storm. The BCI will take it from there.

Fee collecting time

Worthwhile effort, but keep expectations modest.

Marilyn Burgess

Harris County has an $80 million backlog of uncollected civil court fees dating back to the 1980s, new District Clerk Marilyn Burgess said, prompting her office to launch an aggressive collection effort.

Burgess said she was shocked when an employee told her shortly after her election in November that the county had stopped attempting to collect the fees in 2011 — a revelation that surprised the county’s auditor. She has since launched a new collection effort, but only expects to successfully recoup about $20 million, from the past three years of billing.

“It’s important to the county, because if we collect that, that’s $20 million less that Commissioners Court has to assess in property taxes from the taxpayer,” Burgess said.

An influx of millions would provide a boost to the county court system, which is still struggling to recover from Hurricane Harvey and is looking for ways to pay for a long-delayed new family courthouse.

[…]

According to Burgess, an account manager informed her in November that he had told his supervisors that the district clerk’s office was failing to collect certain categories of civil court fees. The department’s accounting system shows the district clerk mailed invoices for these fees eight times from 2001 to 2011, but not again until January, when Burgess took office, she said. About one-third of fees owed to the district clerk remain unpaid from 2017, for example.

Starting with the most recent bills, Burgess said her staff will work to collect fees as far back in time as possible. At a certain point, she said, labor and postage become more expensive than what the county could hope to collect.

“Right now, we’re doing pretty good with what we’re collecting, but we’re in 2018,” Burgess said. “When the payments stop coming, we won’t go any further back.”

Some of this is process, which can always be improved, and some of this is effort, which will run into diminishing returns. The city did something like this for debt collections back in 2011, at a time when finances were very tight. It made sense, and it did make a dent, but you’re never going to come close to the topline amount. We’ll see how well District Clerk Burgess does with her initiative.

Another big flood would be bad

Breaking news, but this is worth paying attention to.

Housing sales would drop, gasoline prices would increase and Texas would lose hundreds of billions of dollars in economic output if a major storm struck an unprotected coastline, according to a new study.

The joint study by Texas A&M University at Galveston and the Texas General Land Office assesses the storm surge impacts on the three counties along Galveston Bay — Galveston, Harris, and Chambers — and explores how flooding from a severe storm would impact different sectors of the local and national economies.

The study finds that a 500-year storm would result in an 8 percent decrease in Gross State Product by 2066, an $853 billion loss. (A 500-year flood has a 0.2 percent chance of occurring in a given year. Hurricane Harvey was the third such event in the Houston area in three years.)

With a coastal barrier in place, the study found, economic losses would be significantly less harmful. Gross State Product would still decline after a 500-year storm, but only by 2 percent. Housing sales would decrease by 2 percent, while petroleum and chemical output would decline by 3 percent and 5 percent, respectively.

[…]

The economic outlook for an unprotected Houston-Galveston region ravaged by a storm surge is bleak, the report shows.

Housing sales would decline by nearly 8 percent, a $39.5 billion loss. Revenues in the petrochemical sector would decline by 19 percent, a $175.4 billion loss, while prices on petroleum products would increase by 13 percent.

Nationally, following an unprotected, 500-year surge event in Galveston Bay, the U.S. Gross Domestic Product would be 1.1 percent lower by the end of the 50-year period, an estimated $863 billion dollar economic decline.

The GLO press release is here, and the website showing the result of various scenarios is here. The Army Corps has recommended a particular plan for a coastal barrier, though some people disagree with the option that was selected. Be that as it may, the point here is that however expensive an Ike Dike may be, the cost of doing nothing is potentially much greater, with long-lasting effects. We have seen very clearly that the “500 year” part of “500 year storm” doesn’t mean what it once did. How much are we willing to risk remaining unprotected when the next one hits?

Orlando Sanchez’s water-pourer lawsuit dismissed

Hey, remember when former Treasurer Orlando Sanchez filed a million dollar lawsuit against the doofus who poured a glass of water over his head at the press conference where Sanchez was begging the state to take over HISD? Well, the guy’s lawyer contacted me recently to let me know that the lawsuit had been dismissed, with Sanchez ordered to pay court costs. You can see a couple of the defendant’s motions here and here. The long and short of it is that the civil standard for assault is the same the criminal standard, and since Sanchez suffered no injury there was no assault as defined by the law. In addition, the defendant had a legitimate claim that his water-pouring constituted an expression of free speech, presumably in the Nigel Farage getting milkshaked mode. Add it up and it’s one ex-lawsuit. Looks like Orlando Sanchez is going to have to find another way to get fame and fortune.