The Boca Chica land swap

I dunno, man.

Texas Parks and Wildlife commissioners are considering a land swap with SpaceX that would give Elon Musk’s space exploration company about 43 acres from Boca Chica State Park.

In exchange for the land in Texas’ southernmost strip along the Gulf Coast, SpaceX would transfer 477 acres nearby that could be used for hiking, camping and birding. Boca Chica is a cherished place where people fish, see wildlife and hang out on the beach. The park measures about 1,060 acres in all.

Parks and Wildlife staff recommended the exchange because they view it as a way for the agency to increase public access and protect grasslands and wetlands. In a statement Wednesday, the agency said the trade “could provide mutual benefits.”

“These conversations continue more than a decade of cooperative work with SpaceX to carry out our respective missions as neighbors,” the TPWD statement said.

[…]

While the sheer difference in land size makes the trade seem like a good deal for the state, environmental groups and community members urged caution. The Cameron County Judge opposed the swap. The Tribal Chair of the Esto’k Gna Tribal Nation of Texas said such a trade would compound a history of his community being erased or ignored.

“It doesn’t make any sense at all for them to do what they’re doing in transferring that land,” said Juan Mancias, the tribal chair. “None at all.”

Cyrus Reed, conservation director for the Lone Star Chapter of the Sierra Club, said people need time to be informed and consider whether they are willing to lose a portion of what has been an important, family-friendly resource. The Commission was originally scheduled to vote on the deal Thursday.

“Overall there may be some benefits to it,” Reed said. “The question is, is it benefiting the community that has traditionally gone to the Boca Chica area?”

See here for previous SpaceX/Boca Chica stuff. Let’s just say that anything Elon Musk-associated is going to be looked at very skeptically by me and plenty of other folks. There may be merit to this beyond the obvious of “more land coming in than going out”. People are opposing this for a reason, and it would be best to understand that and see if there are alternate ways to accomplish something similar. The question is whether this is good for the people of Texas in general and of Boca Chica in particular, not whether it’s good for SpaceX. The vote on this is March 28, and I say take all the time you want. Don’t move forward unless the affected people are good with it. Texas Public Radio has more.

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Weekend link dump for February 4

“Pop superstar Taylor Swift might have helped register enough voters in a single day last September to swing close races in multiple states, with turnout experts predicting a strong youth vote for the 2024 presidential election.”

“No, office mandates don’t help companies make more money, study finds”.

“The new conservative outrage machine is different because it skips a step. It used to be that first, something had to happen. Sure, instigators might exaggerate about that thing. They might spin it to sound like more than it was. But something happened somewhere, and the race to pin it on a group they didn’t like could commence. In 2024 nothing even has to happen. The current punching bag of diversity in the airline industry shows how the conservative internet-industrial complex has shifted. The apparatus is no longer limited to drumming up causes for real-world situations. It can now merely invent the problems themselves. And this burst of creativity is useful to the conservative movement against all kinds of adversaries, not just Black airline pilots.”

Maybe George Carlin and Taylor Swift can pump the brakes a teeny bit on AI deepfakes.

A love letter to Love on the Spectrum from the parent of an autistic child.

A nice story about the City Cast podcast network; I’ve noted the Houston CitCast podcast on this site a few times. There’s one for Austin in the works, and frankly there’s room for quite a few more in this state.

“Very few people are looking closely at the illegal sand system or calling for changes, however, because sand is a mundane resource. Yet sand mining is the world’s largest extraction industry because sand is a main ingredient in concrete, and the global construction industry has been soaring for decades. Every year the world uses up to 50 billion metric tons of sand, according to a United Nations Environment Program report. The only natural resource more widely consumed is water. A 2022 study by researchers at the University of Amsterdam concluded that we are dredging river sand at rates that far outstrip nature’s ability to replace it, so much so that the world could run out of construction-grade sand by 2050. The U.N. report confirms that sand mining at current rates is unsustainable.”

RIP, Jimy Williams, former MLB player and manager of the Red Sox, Blue Jays, and Astros.

“Age verification laws are the “latest strategy in a long battle” against pornography, experts say. Here’s what they do in states that have enacted them.”

“If we wake up to awful news on November 6, we’ll be asking ourselves one question: Did we do enough?”

“With Prime Video encroaching directly on Freevee’s ad-supported territory, what is the point of Freevee now?”

If Dolly Parton says there can be a Buffy the Vampire Slayer revival/spinoff/reboot/whatever, who am I to argue?

I don’t know who needs to hear this, but I will not allow Elon Musk to implant a chip in my brain. Just not gonna happen.

That said…”I’m perfectly willing to believe that Musk would risk someone else’s life to help him with this nonsense, because he doesn’t see other people as real and deserving of compassion or empathy. But he’s also profoundly lazy and is accustomed to a world that unquestioningly swallows his most outlandish pronouncements, so Occam’s Razor dictates that the most likely explanation here is that he just made it up. The odds that there’s a human being beta-testing Musk’s neural interface with the only brain they will ever have aren’t zero. But I give it the same odds as the Raelians’ claim to have cloned a human being”.

“Say what you will about the Swifties, but when they run wild with a conspiracy theory, they at least try to back up their conjecture with close reading and other attempts at methodology.” That article led me to this one about the Taylor Swift/Argylle conspiracy theory, which most likely means my younger daughter will be going to see that movie.

Male practice players have been around women’s basketball for at least a half-century, mimicking the opposition’s schemes and personnel. They’re generally in the gym to help, not to win, often getting nothing except cardio for their effort. But unfair fights are one thing. How about a 6-foot-4 Stanford forward with an impossible wingspan and deceptive speed? A teenage prodigy at USC with a bottomless bag of answers? The Iowa guard who might score more points than any player in college ever has?” I remember reading a Sports Illustrated story about Pat Summit doing this at Tennessee in the 90s. I’m glad to see this is still a thing.

Wishing Cecile Richards all the best.

“This latest fever dream of the right is another blast of cuckoo-ness. Yet with Swift as the target, this nutjobbery may well have a positive impact—showing a wide audience how extreme and lunatic the conservative movement can be.”

“As the new year begins, No Labels has a serious problem: no one wants to run on their ticket.”

“During the Trump years, plenty of families were torn apart because sons and daughters spoke out against MAGA moms and dads; because grandchildren estranged themselves from Trump-loving grandmothers and grandfathers; because uncles and cousins and brothers went Q-crazy. There are entire books written about this. There are documentaries. It’s a national tragedy. Why should Ivanka Trump be spared the familial pain felt by so many Americans? Because her wretched father was its author? Really? Boo fucking hoo.”

RIP, Hinton Battle, actor who won three Tony Awards for Sophisticated Ladies, The Tap Dance Kid, and Miss Saigon. Fans of Buffy the Vampire Slayer will remember him as the singing/dancing demon Sweet from “Once More, with Feeling”. Here’s a reminder, in case you need it.

RIP, Chita Rivera, Broadway legend, two-time Tony winner and ten-time nominee, originator of Anita from West Side Story and Velma Kelly from Chicago. What a sad week for the musical theater.

“The business of counting evangelicals — and of deciding who does and doesn’t count — has always been a game involving differing weights and differing measures.”

RIP, Jean Carnahan, former US Senator from Missouri, the first woman to represent Missouri in the Senate.

RIP, Coleen Grissom, longtime and much-beloved English professor and Dean of Students at my alma mater, Trinity University. Go read Andrew Dansby’s lovely tribute to her for a good look at why she was such an institution.

“But how does it feel to be forced to carry an unwanted pregnancy under “ordinary” circumstances? Forced pregnancy has become commonplace, yet there is almost no research documenting the mental health impact of abortion bans. Social scientists, clinicians and advocates—all those whose work has facilitated an evidence-based awareness of and response to the physical harms of abortion bans—must expand the frame to include a rigorous assessment of the psychological harms as well. Building this body of research will inform the ongoing debate over the legitimacy of abortion bans, but just as importantly, it will permit doctors, advocates and policymakers to build a trauma-informed response to the situation on the ground.”

“Indian police cleared a suspected Chinese spy pigeon after eight months’ detention and released it into the wild Tuesday, news agency Press Trust of India reported.”

RIP, Carl Weathers, actor and former NFL player known for Rocky, The Mandalorian, and many other roles.

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January 2024 campaign finance reports – Harris County offices

PREVIOUSLY:
State offices

Lina Hidalgo

Rodney Ellis
Adrian Garcia
Tom Ramsey
Leslie Briones

Kim Ogg
Sean Teare
Dan Simons

Ed Gonzalez
Vergil Ratliff
Joe Inocencio
Mike Knox
Joe Danna
Paul Day
Glenn Cowan

Christian Menefee
Umeka Lewis
Jacqueline Lucci Smith

Annette Ramirez
Danielle Bess
Jerry Davis
Desiree Broadnax
Claude Cummings
Michael Wolfe
Steve Radack

Teneshia Hudspeth
Carla Wyatt
Marilyn Burgess


Candidate     Raised       Spent       Loan     On Hand
=======================================================
Hidalgo      184,138     206,978     51,400      70,973

Ellis         92,813     180,802          0   5,241,377
Garcia       523,203     472,312          0   1,051,258
Ramsey       497,875     112,004          0   1,376,882
Briones      341,574     208,905          0   1,375,896

Ogg          282,274      97,634     48,489     455,755
Teare        278,817     237,522          0     550,792
Simons             0      12,910     15,000       2,090

Gonzalez     154,778      72,506          0     143,882
Ratliff        3,515       4,448          0         307
Inocencio        500       2,066        100           

Knox          14,370      24,425     10,000       3,448
Danna         49,387      61,349     35,452       1,922
Day            4,641       3,133      2,243       2,582
Cowan         46,160       7,760          0      41,595

Menefee       47,415      75,524          0     397,800
Lewis
Smith          2,556       1,250          0       1,306

Ramirez       18,081      11,266          0      23,283
Bess          15,175           0          0      15,175
Davis         22,817       5,114      5,000      
Broadnax       5,840       1,700      1,000       4,140
Cummings           0           0          0           0
Wolfe            200       3,168          0           0
Radack             0      49,220          0     715,239

Hudspeth      20,500       4,188          0      16,426
Wyatt            290           0          0       3,698
Burgess        4,904      13,667      5,207       7,211

The July 2023 reports for Harris County are here. Some reports didn’t show up until I looked one last time on Friday, though the system showed they had been posted on time or close to it. These things happen sometimes.

Judge Hidalgo has time to build up her campaign finance account before she’s on the ballot again, but she’s going to need to raise more than she spends to do that. I thought it might have been mostly legal expenses, but while she did drop about $18K on legal fees, the large majority of her expenditures were for various forms of political consultancy, including $4K per month for compliance services. I don’t know what the situation is but I do know math, and this math isn’t going to work for her. I hear whispers of a more formidable primary opponent for 2026, so this is not a situation I’d sleep on.

The other Commissioners did more or less as I’d expect. I fully expect Rodney Ellis to spend money on countywide turnout efforts. I won’t be surprised if Commissioners Garcia and Briones join him.

The story of July was how Sean Teare had greatly outraised Kim Ogg for DA, though that was largely due to a couple of large individual donations for Teare. Both raised similar amounts this period, and with Teare spending more they have similar amounts on hand. I can’t say for sure that Teare didn’t have some big individual contributions this time around because hie report was 183 pages long and I didn’t feel like scrolling all the way through it, but I did see numerous small donations – five dollars, ten dollars, 25 and 50 dollars – in the pages I did look at. That may have been in response to the criticism of his July report, I don’t know.

For Sheriff, it’s incumbent Ed Gonzalez and a lot of not much else. Mike Knox was never a big fundraiser as a Council member, and he’s still not much of a fundraiser. Joe Danna’s fundraising is always weird and includes a lot of in kind donations. Chron endorsee Glenn Cowan raised a few bucks but he’s going to need more than that. For County Attorney, Christian Menefee has a decent amount of cash, Umeka Lewis has not report I could find, and Republican Jacqueline Lucci Smith did little more than pay her filing fee.

Yes, that’s former Commissioner Steve Radack running for Tax Assessor. Some people don’t know how to retire, I guess. He will have far more cash available than any Democrat, but it doesn’t really matter. As I’ve said to a couple of folks, that’s a race that is almost entirely dependent on the overall partisan environment. If that race is competitive enough where his money or name ID might matter, we’re already in deep trouble. As for Michael Wolfe, he’s filed a report but as far as I can tell is not on the ballot even though his expenditure appears to be a filing fee. Some people don’t know how to stay away.

I’ll look at reports for the City of Houston and for Senate/Congress; those come online later than the local and state ones. Let me know if you have any questions.

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Do we have any HCAD candidates yet?

Campos summarizes our forthcoming election calendar.

Most folks here in Harris County are gearing up for the political party primaries on Super Tuesday, March 5 with early voting in person beginning on Tuesday, February 20. Heck, Commentary already sent in my ballot, and it has been received, according to the Harrisvotes.com mail ballot tracker.

If you live in State Senate District 15, like me, you get to vote in the Special Election on Saturday, May 4, with early voting in person beginning on Monday, April 22.

This is from the Public Service Announcement (PSA) Department.

I bet most of you didn’t know that all voters in Harris County get to vote on the Harris Central Appraisal District (HCAD) board of director election that will also be held on Saturday, May 4. It is a new election that was created by a bill authored by GOP State Sen. Paul Bettencourt.

Yes, that HCAD election, which was sprung on us all. I still haven’t seen any news about it since that Trib story that alerted me to this change in the law. Which is a bit worrisome since the filing period is happening now. Here’s the HCAD announcement of the election, and their notice for anyone who may be interested in running for a position:

Local residents interested in running should direct applications to the office of the Harris County Judge. The office of the Harris County Judge is at 1001 Preston Street, Suite 911, Houston, TX 77002. They are open Monday – Friday from 9 a.m. to 5 p.m. Applications for a place on the ballot can be emailed to Judge.Hidalgo@HarrisCountyTX.gov or faxed to 713.755.8379. For a place on the ballot, interested candidates must either pay a filing fee of $400, or provide a petition with 500 signatures of registered Harris County voters in lieu of a filing fee. Both must go to the county judge using the above information.

Below is a link to the application and a link to the Texas Secretary of State’s Election Advisory No. 2023-24.

https://www.sos.state.tx.us/elections/forms/pol-sub/2-49f.pdf
https://www.sos.state.tx.us/elections/laws/advisory2023-24.shtml

The filing period runs through February 17, which is fast approaching. I have no idea as of this writing if anyone has filed for this. I’m going to try to find out. If you are aware of anyone’s candidacy, please leave a comment and let us know.

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Uvalde grand jury investigating police response

I admit to having mixed feelings about this.

A special grand jury first convened [January 19] in Uvalde will investigate law enforcement’s delayed response to Texas’ deadliest school shooting to determine whether criminal charges can be filed against officers, the Uvalde Leader-News first reported.

Twelve people were selected to serve on the jury in Texas’ 38th Judicial District Court. Jurors will meet around twice a month to hear testimony from witnesses of the May 24, 2022 shooting at Robb Elementary School in Uvalde. The attack killed 19 students and two teachers and injured 17 others.

Uvalde County District Attorney Christina Mitchell will also present her case to the jury, which will make a recommendation to her at the end of their investigation. The DA will then decide whether to pursue criminal charges against some of the nearly 400 law enforcement officers who responded to the scene.

[…]

On Thursday, the Justice Department released a long-awaited report detailing law enforcement’s bungled response to the shooting. The report criticized the “lack of urgency” demonstrated by former Uvalde school district Police Chief Pete Arredondo and Uvalde Police Department Acting Chief Mariano Pargas, who both arrived at the school within minutes of the first round of shots fired.

The report also named Uvalde County Sheriff Ruben Nolasco, Uvalde County Constables Emmanuel Zamora and Johnny Field, and an unidentified Texas Ranger as officers who did not question Arredondo and Pargas’ response.

“We’ve been calling for accountability, so hearing news of a grand jury convening, especially following the release of the DOJ’s report, feels like a step in the right direction,” said Kimberly Mata-Rubio on Friday evening. Mata-Rubio’s 10-year-old daughter Lexi was killed in the shooting and she’s since been a fierce advocate for gun reform. “I am glad people are finally seeing the truth — our children, those two teachers, were failed.”

Federal officials did not directly answer whether any officers responding to the shooting should face criminal charges. U.S. Attorney General Merrick Garland said he would leave that to the local district attorney because the Justice Department only has jurisdiction over federal crimes.

Kirk Burkhalter, Professor of Law at New York Law School, said he suspects that law enforcement officers could face three possible criminal charges: manslaughter, criminally negligent homicide, and abandoning or endangering a child. Burkhalter believes that Chief Pete Arredondo will be the “primary target” of the grand jury’s investigation.

“You can’t have this report that points the finger so harshly at the Chief of Police and all the multiple failures of law enforcement where deaths occurred, and not impanel a grand jury to further investigate this and see if criminal charges are warranted,” Burkhalter said.

On the one hand, I’m glad to see this step being taken, and would only ask what took so long for it to happen. If there is sufficient evidence to support criminal charges against these or other individuals who responded but failed to act on that day, then by all means arrest them and put them on trial. If nothing else, I hope we finally get some more answers about what happened; even after the release of the Justice Department report, there are still many questions to pursue. And if this helps bring some peace to the affected families, so much the better.

On the other hand, I feel like we’re still only partially addressing the real problems here. The gun issue is of course the biggest, but the nature of the training that law enforcement agencies and officers get on active shooter incidents is still a question. Why after all this time and so many previous shootings were the cops so unprepared and disorganized? Maybe that was a matter of individual failures of leadership, and if so then this process may get to the heart of that. But DPS officers were on site as well, they screwed up in the same way, they’ve been covering their asses since the day of the shooting, and I don’t see Steve McCraw being held accountable. Whatever this grand jury can do, it can only do so much.

And speaking of the DOJ report:

The report’s recommendations include having active shooter plans for every school, regular meetings between local law enforcement and local government officials to conduct security exercises, replacing or upgrading all faulty school doors and locks, mental health screenings for victims and better communication between law enforcement, school officials and the community.

“Had law enforcement agencies followed generally accepted practices in an active shooter situation and gone right after the shooter to stop him, lives would have been saved and people would have survived,” said U.S. Attorney General Merrick Garland during a news conference on Thursday.

Gov. Greg Abbott, who praised the police response immediately after the shooting and later said he was misled about how it transpired, released a statement Thursday thanking the Justice Department for its report. He said the state has already adopted some of the measures it recommended and would review others.

[…]

When officers arrived, they retreated after coming under fire and waited for backup. The decision was counter to the active shooter doctrine developed after the 1999 Columbine High School mass shooting in Colorado, which dictates that officers must immediately confront the shooters.

Leadership was also amiss among the plethora of law enforcement officers who responded to the shooting, with no one acting as the “incident commander.” Pete Arredondo, the Uvalde school district’s former police chief, has said he didn’t believe he was in charge, even though the district’s active-shooter plan states he was.

The report authors also expressed concern with an active-shooter training course that Uvalde school district police officers received from the Texas Commission on Law Enforcement just months before the massacre, which states that an “active shooter event can easily morph into a hostage crisis and vice versa.” The Justice Department said that an active shooter event very rarely ceases to be a hostage situation and officers should always seek to eliminate the threat as soon as possible.

Texas is already trying to implement many of the Justice Department’s recommendations. Under HB 3, the state created a safety and security department within the Texas Education Agency and gave it the authority to compel school districts to establish and follow robust safety protocols. Those that fail to meet the agency’s standards could be put under the state’s supervision.

Since the 2018 Santa Fe High School shooting, the state has required school districts to submit those plans — which must include active-shooter strategies — for the review of the Texas School Safety Center, a think tank at Texas State University created by lawmakers in 2001.

A three-year audit in 2020 found that out of the 1,022 school districts in the state, just 200 districts had active-shooter policies as part of their safety plans. The audit revealed 626 districts did not have active-shooter policies; 196 had active-shooter policies but were deemed insufficient. Only 67 school districts had viable emergency operations plans overall, the report found.

HB3 also tasks the state with setting up teams to conduct security audits at every school district at least once a year. Districts are also required to have an armed person on campus.

Again putting aside the enormous problem of how fucking easy it is for any asshole to get their hands on weapons of mass murder, I am far from convinced that the state’s response to this tragedy is adequate. The fact that the kids knew what to do but the cops didn’t calls it all into question for me. I fear that we will be asking the same questions the next time this horrible event happens somewhere else.

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January 2024 campaign finance reports – State offices

The start of the new year means campaign finance reports are due for everyone. I’ll work my way through them as I can, in between the interviews and Q&As. At this point in January, the only state race to watch was SD15, and that still had John Whitmire in it, at least nominally. There are a couple more races of interest this time around, so let’s dive in.

Michelle Bonton, SD15
Beto Cardenas, SD15
Molly Cook, SD15
Jarvis Johnson, SD15
Todd Litton, SD15
Karthik Soora, SD15

Chase West, HD132
Stephanie Morales, HD138

Rosalind Caesar, HD139
Jerry Ford, HD139
Mo Jenkins, HD139
Charlene Ward Johnson, HD139
Angeanette Thibodeaux, HD139

Rep. Harold Dutton, HD142
Joyce Chatman, HD142
Clint Horn, HD142
Danny Norris, HD142

Rep. Shawn Thierry, HD146
Lauren Ashley Simmons, HD146
Ashton Woods, HD146


Dist   Candidate     Raised       Spent       Loan     On Hand
==============================================================
SD15      Bonton          0       1,250     10,000      10,000
SD15    Cardenas          0       1,250          0           0
SD15        Cook    130,573     107,628          0      75,665
SD15     Johnson    187,912      33,419     50,000     106,234
SD15      Litton    176,733      59,001          0     117,731
SD15       Soora     93,464     119,966     10,000     113,910

HD132       West      6,525       2,800          0         322
HD138    Morales

HD139     Caesar      9,660       3,893          0       5,766
HD139       Ford          0         750     50,000      49,250
HD139    Jenkins        700       3,777          0         595
HD139    Johnson      6,000       4,249      3,000       1,750
HD139 Thibodeaux      1,525       5,550          0         186

HD142     Dutton      4,750      13,307          0      53,941
HD142    Chatman
HD142       Horn        954      13,983     10,000
HD142     Norris     26,364       9,775          0

HD146    Thierry     53,246      31,019          0      29,998
HD146    Simmons     51,782       9,435          0      42,234
HD146      Woods

Lots of money raised and on hand in SD15, not so much spent so far. Can’t say I’ve seen any mail yet, and I’m not being stalked online by any of the candidates’ ads. I’m sure that will change soon enough. In the 20+ years I’ve lived at my current address, I can count the number of door-knockers I’ve received on my fingers; if this campaign doesn’t change that, I don’t know what would. One visit from the Molly Cook campaign and one from the Karthik Soora campaign when I wasn’t home (my daughter spoke to them) so far, we’ll see how it goes from there.

I’m a little surprised there isn’t more money in the HD139 primary, as it’s the only open House seat available. Maybe everyone’s planning a blockwalk-heavy candidacy. Maybe there will be more action on the 30 day reports. Or maybe the usual donors are just waiting for the runoff.

I don’t know what one can say about Rep. Harold Dutton. I assume he has close to universal name ID, and that probably informs his decisions about fundraising and campaigning. You can’t say he’s out there hoovering up all the money that other candidates are trying to collect, but you also can’t say that he’s in any position to help out with a broader effort to win in the county. He is what he is. Danny Norris has raised a few bucks and has been an elected official, one a lot of these voters will have supported in the past, but one could have said that about Jerry Davis in 2020 as well. It’s going to take persuading some people to not vote for Harold Dutton to win.

There’s more money in the HD146 primary. Of the $53K that Rep. Shawn Thierry raised in the previous six months, $10K came from Doug Deason, $5K from Darwin Deason, and $15K from Democrats for Education Reform. You can decide what that means to you, or if it matters given what she got herself up to last regular session.

I’m a little late in posting these, what with interviews and all. I’ll have more to come soon.

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Mayor Whitmire working with the firefighters

We’ll see what we get.

Mayor John Whitmire

In another step toward settling its years-long conflict with the city, the firefighters union met with Mayor John Whitmire’s administration [last] Friday morning to discuss the city’s first proposal for raises and back pay, with both sides expressing optimism about the potential for a resolution in the coming weeks.

The city and its firefighters have been embroiled in a bitter pay dispute since 2017. Whitmire, who has kept close ties to the firefighters during his lengthy political career, has long promised to put an end to their prolonged legal battle if elected mayor. He dropped an appeal in the lawsuit immediately after taking office, and attorneys for the two sides have met regularly since then.

While prior talks were mainly about the broader framework, Friday’s meeting saw the two parties delve into potential pay figures for the first time, according to City Attorney Arturo Michel. Both Michel and union president Marty Lancton told the Chronicle they feel encouraged by the progress so far.

The city is aiming to resolve all aspects of the dispute by the end of February, according to Michel. This involves agreeing on the amount of back pay owed to the firefighters since contract negotiations broke down, as well as establishing a new contract that outlines their compensation for the next three years. It also includes, Michel said, creating a plan for the city to finance these substantial payments.

“We’re committed to doing everything we can to reach that goal,” Michel said. He added that the city and the firefighters hope to reconvene next week to further solidify the pay figures.

[…]

The Greater Houston Partnership recently reported that the back pay owed to firefighters could cost the city between $500 and $600 million, adding strain to an already tight budget. And, as federal COVID-19 relief funds run out, city officials have projected budget shortfalls ranging from $114 million to $264 million during Whitmire’s first term.

Michel said that the city cannot disclose the specific numbers being discussed, but he noted that covering the costs will likely require using a combination of general fund dollars and debt issuance. He added that, depending on the bond type chosen, voter approval may be necessary.

“Eight years is a long time, so the dollar figure is going to be significant,” Michel said. “Most likely there will be some sort of financing debt aspect to it…We’re trying to see if we can coalesce around the dollar figures first, and then the next step is how we fund it.”

See here for the previous entry. Like I said, we’ll see what the price tag is, and then we’ll see what the plan is to pay for it. We did pension obligation bonds in 2017 as a way to pay down an existing debt, so the idea of floating bonds for this makes sense. Whether it will run into opposition, either legislative or electoral, remains to be seen. I’m gonna wait for the numbers and the plan and go from there.

Posted in Local politics | Tagged , , , , , , , , , | 1 Comment

TEA takes over La Joya ISD

This one’s a little different.

The Texas Education Agency removed La Joya Independent School District’s democratically-elected school board and appointed a new superintendent after investigating the district’s previous leadership for allegations of fraud and conflicts of interest, the agency said Thursday.

The TEA said it named seven Hidalgo County residents to replace the previous school board and temporarily serve as a “board of managers” for La Joya ISD, a district of about 24,000 students in the Rio Grande Valley.

The agency also appointed Marcey Sorensen as the new superintendent. While the TEA was only required to change the district’s school board, the agency said it decided to place a new superintendent to ensure productive leadership moving forward.

The new board starts immediately. The TEA commissioner decides how long the board is in place.

A TEA investigation found last year that the school board spent $38 million installing LED lights on school campuses, but it turned out the contract to install those lights was part of a criminal conspiracy that involved millions of dollars in bribes and kickbacks.

Several trustees and administrators pleaded guilty last year to federal charges that included theft, bribery, money laundering, extortion and wire fraud.

As the story notes, the same law that allowed for the HISD takeover was the fulcrum for this takeover as well. It’s the second one the TEA has done so far. I can’t say I’m in favor of the TEA doing much of anything these days, but stepping in under these circumstances is a lot easier to understand, and one hopes a lot easier to resolve so they can get back out. We’ll see how it goes.

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Paxton sues five cities over marijuana decriminalization ordinances

Seemed likely something like this would happen eventually.

A crook any way you look

Texas Attorney General Ken Paxton is suing five cities — Austin, San Marcos, Killeen, Elgin and Denton — to block their ordinances decriminalizing low-level marijuana possession.

In 2022, voters in the five cities approved policies that would end arrests and citations for possession of less than four ounces of marijuana. An initiative spearheaded by Ground Game Texas — the progressive group that first launched the proposition in Austin — worked with local organizations in the other four cities and succeeded in pushing for similar policies to appear on the ballots.

Paxton said in a Wednesday press release that the cities violated state laws and the Texas constitution concerning marijuana possession and distribution, claiming it to be unlawful for municipalities to adopt ordinances inconsistent with laws enacted by the Texas Legislature.

The ordinances had high levels of support. Austin received an overwhelming 85% of votes in support. In San Marcos, about 82% of votes were in favor. Elgin followed with almost 75% of votes in support. Denton, home to two universities, had about 71% votes in favor. Killeen had close to 70% in support.

The five cities are home-rule cities — jurisdictions that under the Texas constitution are allowed to establish any law or ordinance unless it’s expressly forbidden by state or federal law. However, Paxton argues the Texas Local Government Code forbids them from adopting policies that would result in not fully enforcing drug-related laws. Paxton is seeking to repeal the city’s ordinances and make them enforce state law.

See here for all my blogging on those referenda. Paxton is pond scum, but there have been concerns about the legality of these ordinances from the beginning, which is why in some cities the City Council voted to repeal the voter-approved ordinance. That doesn’t mean he’ll prevail, but his ridiculous rhetoric aside the lawsuit has merit. I’m actually a little surprised this wasn’t addressed by the Lege last year, though perhaps the Death Star bill would eventually cover it.

Anyway, this should be an interesting court fight, and whatever happens I’m happy for everyone to see Paxton be so forcefully on the side of locking up pot smokers, which is very much out of step with public opinion. I’m in favor of anything that makes him look even worse. The Current, Reform Austin, the Dallas Observer, and Courthouse News have more.

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Food Not Bombs sues the city again

We’ll see how it goes.

Food Not Bombs, a group of volunteers who serve meals outside Houston Public Library’s downtown branch, filed suit Tuesday against the city, alleging that a food-sharing ordinance is unconstitutional. The suit claims that the city’s decision to begin ticketing them for feeding people in need at the location violates their First Amendment rights.

The suit argues that the group’s food-sharing events, which it says began in 2005, are a form of protest, which is protected under the First Amendment. “As their name makes clear, Food Not Bombs is not a charity, but instead a political association expressing a political message that government entities should divest money from war, policing, and weaponry,” the suit says, “and instead redirect that money to meet basic human needs.”

The city did not respond to a request for comment.

Randy Hiroshige, an attorney with the Texas Civil Rights Project who is representing the plaintiffs in the suit, said that going to the courts was the next step following the project’s Jan. 8 petition. The organization had helped collect more than 24,000 signatures voicing support for ending the Houston law limiting sharing free meals. The Texas Civil Rights Project is a legal nonprofit whose lawyers often take on suits against policies they believe are unconstitutional.

He said the petition had been filed in the hopes that a new mayoral administration and city council would choose to stop enforcing the ordinance. Instead, tickets have continued to pile up: Since March, Food Not Bombs volunteers have racked up nearly 90 tickets seeking at least $21,000 in fines. Volunteers are largely asking for jury trials for the tickets, and at a trial, a jury could move to fine volunteers up to $2,000 per incident.

The new lawsuit joins an existing suit filed in March of 2023, which made similar arguments. While that suit also sought for a judge to order the city to stop enforcing the ordinance, it was made on behalf of one member of Food Not Bombs. Hiroshige and Remington Alessi, who is also representing Food Not Bombs, said they wanted to file another suit on behalf of the group as a whole since they are all being impacted.

The Houston law in question is an ordinance against giving away meals unless you have permission from the property where you’re doing it, even if the property is public. It was put in place by City Council in 2012 but largely had gone unenforced for over a decade, municipal records show. The city began ticketing Food Not Bombs in March of 2023.

Around that time, the city began funding meals on the same days that Food Not Bombs serves. The city-funded meals are in a police parking lot near the municipal courthouse, where the city says Food Not Bombs can serve without being ticketed. In response to the 2023 federal suit, the city said ticketing Food Not Bombs was part of “Houston’s governmental obligations to ensure food safety.”

There was also a lawsuit filed in 2019 that I presume went nowhere since it wasn’t mentioned in either this story or the Houston Landing story, which has a copy of the new lawsuit embedded in it. There were also state lawsuits filed in 2017 and 2018 that wound up getting dismissed. I note that one of the plaintiffs in that 2018 suit is still active with Food Not Bombs, based on the coverage of this new lawsuit.

One thing I learned in the Chron story is that Food Not Bombs is a national organization and that its chapters in a couple of other cities have successfully litigated similar issues. That they claim this is an infringement of their free speech and not a matter of regulating charitable activity appears to be the key to that.

A subsequent story in the Houston Landing goes into the history of the ordinance in question.

Former Mayor Annise Parker announced the ordinance in July 2012. In September of that year, Parker provided Food Not Bombs permission to hand out food near the Central Houston Public Library downtown – a location where they have been serving the hungry for nearly two decades.

In an interview with the Landing, Parker said the ordinance was part of different steps the city was taking to improve its response to homelessness at the time.

Feeding people with food insecurities was unorganized, inefficient and at times illegal, she said. Organizations feeding the homeless and food insecure were mostly church-based, and the activities occurred randomly, mostly around the holidays. Food distribution wasn’t consistent or dispersed efficiently throughout the city. It mostly occurred in the downtown area, she said.

The ordinance requires individuals who want to provide food to more than five people at a time to receive the property owner’s consent in order to hold a food-sharing event.

“The illegal part of it was that they were doing it on other people’s property,” Parker said. “And so despite what groups like Food Not Bombs says, which isn’t true, it is absolutely legal to feed any number of homeless people in Houston and anytime you want to as long as you do it on your own property or you have the property owner’s permission.”

The city ordinance created a voluntary Charitable Food Service Provider Program, which includes four steps for organizations to be certified by the city to share food. The Houston Health Department and the Coalition for the Homeless of Houston/Harris County lead the program.

Between March 2023 and Jan. 18, 54 organizations have registered with the program, said Renee Beckham, chief sanitarian in charge of administering the Charitable Feeding Program for the Houston Health Department.

The voluntary program requires organizations to obtain registration; go through training; receive a property owner’s consent; and schedule the food events.

“The purpose of the food safety is to educate people who really don’t deal with food safety on a day-to-day basis,” Beckham said. “They don’t work in restaurants, or grocery stores, anything like that. So we need to get that knowledge to them so they don’t wind up making any of the homeless people sick.”

In 2023, Turner began enforcing the charitable food ordinance and designated one location, 61 Riesner St., for food sharing. The city voided the previous permission Parker provided Food Not Bombs. City officials say the group has been illegally feeding the homeless near the Central Plaza – Houston Public Library four days a week.

Parker said she allowed Food Not Bombs to operate at the library because it was not a random charity, but rather a group that had a regular program and operated consistently, she said.

“This was not about trying to stop people from feeding the hungry. It was, let’s have a logical process,” she said. “I gave them permission to do it on the library Plaza but it was granted permission and that permission can be removed at any time.”

The permission was conditional on the fact that they clean up after themselves and handle the food safely, she said.

Read on for more. Food Not Bombs is a very sympathetic actor here, and I don’t see the point in repeatedly ticketing them. I also think, and thought at the time, that what the city was trying to do was quite reasonable. I would greatly prefer to see cooperation and not litigation, but here we are. I’ll keep an eye on this.

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I don’t care about Rep. Jacey Jetton’s primary fight

There was a time when I’d have cared about this, but that time has passed.

Rep. Jacey Jetton

In many ways, state Rep. Jacey Jetton could be the poster child for the Texas Republican Party.

He is a young, married father of color, the son of a Korean immigrant and a member of the Army National Guard. He is a “Christian first” who leads religious services in his home every other Saturday. In his first two terms in office, Jetton has helped usher in some of the state’s most conservative and controversial measures, including border wall funding, a sweeping elections bill, an abortion ban and a prohibition on gender-affirming care for transgender youth.

But some in the GOP can’t get over one lingering detail: Jetton voted to impeach Attorney General Ken Paxton on corruption charges in May.

In the months since, Jetton has been labeled a RINO — a Republican in name only — by some of the party’s farthest-right members, and he faces two primary challengers who say he is not conservative enough and has abandoned voters in his Fort Bend County district. Paxton and U.S. Rep. Troy Nehls, his hometown congressman, have endorsed a primary opponent. Both have called him a “liberal.”

Jetton, of Richmond, is one of several conservative House Republicans facing difficult and likely expensive primaries this year over singular issues — impeachment chief among them. Gov. Greg Abbott also is opposing GOP House members who voted against his priority legislation on a private school voucher plan, regardless of their stances on other issues. Abbott endorsed Jetton, who authored a voucher proposal this year, and is going head-to-head with Paxton in at least 21 primary races.

He’s also at least election denialist adjacent; certainly, he took tangible steps to make administering elections less secure and efficient. I’ll give him credit for his vote to impeach Paxton, which indicates he’s not a complete drone, but there’s nothing else there to point to. He’s Briscoe Cain in a purple district. The way to make the House a better place is to elect a Democrat in HD26. The only thing that matters in his primary is that enough hard feelings are generated by the loser to make that a little bit easier.

There are some Republican primaries that I have no choice but to care about as they involve members who correctly opposed vouchers and the zombies being backed by Greg Abbott and his billionaire overlords. While the results of the HD02 special election offer some reason for optimism, relying on Republican primary voters to do the right thing is a losing proposition. But here we are.

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Interview with Sean Teare

Sean Teare

We wrap up the week with the other half of the as-noted high profile District Attorney primary. Sean Teare is a Houston native and graduate of UH and UH law school. He served as a prosecutor with the Harris County District Attorney’s Office for 11 years in two different stints, including 6 years as the Division Supervisor of the Office’s Vehicular Crimes Division. The latter was in Kim Ogg’s tenure, from 2017 until last May when he resigned to run in the primary. He has also worked in private practice for a couple of local firms, handling both civil and criminal matters. Here’s what we talked about:

PREVIOUSLY:

Karthik Soora, SD15
Michelle Bonton, SD15
Molly Cook, SD15
Rep. Jarvis Johnson, SD15
Todd Litton, SD15
Beto Cardenas, SD15
Annette Ramirez, Tax Assessor
Danielle Bess, Tax Assessor
Jerry Davis, Tax Assessor
Desiree Broadnax, Tax Assessor
Claude Cummings, Tax Assessor
Amanda Edwards, CD18
Pervez Agwan, CD07
Rep. Lizzie Fletcher, CD07
Christian Menefee, Harris County Attorney
Umeka Lewis, Harris County Attorney
Kim Ogg, Harris County District Attorney

On we go from here into legislative races. I will have some for the Legislature and for Congress, aiming to wrap up at the start of early voting. You can keep track of all my interviews and judicial Q&As on the ever indispensable Erik Manning spreadsheet.

Posted in Election 2024 | Tagged , , , , , | 12 Comments

Judicial Q&A: Lema Mousilli

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

Lema Mousilli

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

My name is Lema May Mousilli, a committed Democrat seeking the position of Judge for the 125th Judicial District Court in Harris County. Beyond my role as a seasoned trial attorney practicing nationwide, I am a proud single mother to a precocious 12-year-old who brings immense joy to my life. In addition to my legal expertise, I also serve as an Adjunct Professor,
instructing courses in Business Law and Constitutional Law. My passion for human rights is reflected in my pro bono asylum work, contributing to a broader commitment to fairness, equity, and thevalues that define our democratic principles.

2. What kind of cases does this court hear?

The 125th Judicial District Court in Harris County handles a variety of civil cases, including commercial litigation, personal injury cases, complex commercial litigation, and other civil matters. Given my 17 years of experience in civil trial practice across the nation, I am well-equipped to handle the intricacies of these legal issues.

3. Why are you running for this particular bench?

I am seeking this bench because of my unwavering commitment to the fundamental principles of justice and fairness. My extensive legal background, spanning civil trial practice, service as an Assistant District Attorney, and appellate law experience, affords me a comprehensive perspective for the effective administration of justice. I firmly believe that my experience and dedication uniquely qualify me for this judicial role.

4. What are your qualifications for this job?

In addition to my degrees and extensive legal experience representing individuals and businesses in various different areas of law across the country. I also have a unique skill set that allows me to bring diverse perspectives to the bench.

Education:

• BA, English/Political Science, The University of Houston Honors College, 2003
• JD, The University of Houston Law Center, 2006
• MBA, Texas Tech University, 2014

Legal Experience (17 Years):

I have had the privilege of serving as a trial and appellate attorney with a diverse practice, gaining invaluable insights into various areas of law. For the last five years, my law practice has been dedicated to intellectual property litigation and commercial litigation, in state and federal court, at both trial and appellate levels across the nation.

My prior experience includes roles in criminal prosecution and defense, counter-terrorism litigation, family law, immigration law, civil rights litigation, and personal injury, both as a plaintiff’s attorney and defense counsel.

Additionally, I have handled cases involving health law, real estate, mass torts, and pharmaceutical and medical device litigation.

Language Proficiency: I possess native, professional proficiency in Arabic, with the ability to speak, read, and write across multiple dialects. This proficiency allows me to engage effectively with Arabic speakers from diverse countries across Asia and Africa. Furthermore, I have a working knowledge of Spanish, broadening my ability to communicate and understand the needs of a diverse community.

Teaching Experience: Over the past five years, I have served as an Adjunct Professor, teaching Business Law and Constitutional Law to university students. This role reflects my commitment to legal education and the development of future professionals. It also demonstrates my ability to convey complex legal concepts in a clear and accessible manner.

5. Why is this race important?

This race is of paramount importance as the 125th Judicial District Court plays a crucial role in delivering justice to the residents of Harris County. Decisions made by this court have a direct impact on individuals and businesses in our community. It is vital to elect a candidate with a proven track record, a strong commitment to justice, and a comprehensive understanding of the legal system.

6. Why should people vote for you in March?

People should vote for me in March because I bring a unique combination of legal expertise, a commitment to justice, and a diverse background that reflects the multicultural fabric of Harris County. My extensive experience in civil trial practice, civil appellate law, and criminal prosecution, coupled with my dedication to fairness and integrity, makes me the ideal candidate for this judicial position. My ability to speak, read, and write in multiple Arabic dialects with native fluency adds an extra layer of cultural competence, which is valuable in a diverse community. I am ready to serve the community with impartiality, integrity, and a steadfast commitment to upholding the law.

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SCOTx has its hearing on gender affirming care ban

I don’t know what to expect.

The Texas Supreme Court heard a legal challenge Tuesday to a new state law banning doctors from prescribing gender-affirming care for transgender youth, a prohibition that a district court judge said was unconstitutional.

After Gov. Greg Abbott signed the measure barring transgender Texas youth from accessing puberty blockers and hormone therapy, some of their families filed a lawsuit seeking to block the law from going into effect. They argued the new law violates their parental rights by stopping them from providing medical care for their children and it discriminates against transgender children on the basis of sex.

After a Travis County district court temporarily blocked the law from going into effect, arguing that it infringed on Texas parents’ right to make medical decisions about their children, a state appeal to the Texas Supreme Court enabled the law to go into effect in September.

Kennon Wooten, a partner with Scott, Douglass & McConnico who argued on behalf of the families, said that Senate Bill 14 uniquely strips away a parent’s right by narrowly targeting a specialized form of health care for a distinct group of people.

“In this case, what we have is the state defining the rights so specifically … we risk death by a thousand cuts of the fundamental right under the Constitution that parents have to make decisions about the care for their children,” Wooten said.

The state reasserted its stance that it has a vested interest in protecting the well-being of Texas youth, which it claimed the law does by preventing children from taking medications that have long-lasting impacts.

“Minors, generally, cannot get tattoos,” said Natalie Thompson, an assistant solicitor general for the state, referencing limits the state places on children compared to adults. “Minors, of course … cannot have alcohol or nicotine and even in medicine there are examples.” Thompson cited ephedrine, a medication used to treat low blood pressure that Texas law states can only be sold to individuals older than 16, among other restrictions.

The justices spent just under an hour probing each side’s arguments, asking why the state would restrict health care supported by all major medical associations and where the line must be drawn when it comes to parental rights.

[…]

While the justices did not hand down a decision, they considered the option of ruling on the constitutional merits of SB 14, or sending the case back to the Travis County district court for a full trial. The high court is still considering the case and did not provide a timeline of when a decision will come down.

The state hoped that the all-Republican Supreme Court would make a final decision in their favor. Legal groups advocating for the families asked the high court to kick the case back to the district court so more evidence could be reviewed.

“It’s important for people to be able to tell their stories,” Lynly Egyes, legal director of Transgender Law Center, one of the law groups representing the families, said to reporters after the hearing. “We want the families heard. We also want the doctors heard because it’s really important for everyone to have a better understanding of the impact of SB 14 on people’s lives.”

See here, here, and here for some background. I would note that while state law may forbid the sale of ephedrine to people over the age of 16, it does not forbid a parent from buying it for their child, which is exactly what SB14 does do. I hope the justices are smart enough to realize that.

Like I said, I don’t know what the Court will do. It would be ideal if they just upheld the lower court’s ruling, but as that was for a temporary restraining order, I don’t think that’s on the table. Sending it back to the district court for the trial on the merits while restoring the TRO is probably the best case. Keep your fingers crossed, and remember that what this Lege did another, better, Lege can undo. The Chron has more.

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Texas blog roundup for the week of January 29

The Texas Progressive Alliance is rooting for Taylor Swift to continue to annoy troglodytic football fans regardless of the outcome of any single game as it brings you this week’s roundup.

Continue reading

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Today’s Ken Paxton whistleblower trial update

He’s basically a professional defendant now.

A crook any way you look

Texas Attorney General Ken Paxton could face a potentially expensive and uncomfortable jury trial to defend himself against former deputies after a Travis County judge declined Wednesday to end the case in the whistleblowers’ favor without a trial.

The decision by Judge Catherine Mauzy means that Paxton, who announced that he won’t contest the facts behind the case, may have to be questioned on the record in open court about the allegations made by four former top deputies — something he would have avoided had Mauzy ruled in his favor.

It also means that the deputies’ attorneys could be allowed to present their evidence that Paxton improperly fired them — which they have yet to do in the three years the suit has been litigated.

Attorneys representing Paxton declined to say whether they’d appeal the decision, nor did they offer any additional comment Wednesday.

[…]

On Wednesday, Paxton’s attorneys argued that it was within his rights to avoid a lengthy, costly trial by asking for it to be over, declining to argue over the facts presented by the plaintiffs, accept whatever damages the judge decides, and declining to appeal or contest the final ruling.

And he’s allowed by law to do that while denying the allegations at the heart of the the case, attorney Bill Hefland told Mauzy during the 40-minute hearing.

Given that, he said, there was no reason for the lawsuit to go forward — unless the plaintiffs wanted to either run up attorneys fees or use the lawsuit for their own investigations.

“We’re totally through the looking glass,” Hefland said in the hearing. “You don’t need a trial, you don’t need evidence. I’m here to tell you my client concedes to the entry of judgment today, and my client waives any right to appeal that judgment. So what in the world would a trial do? What is the legitimate reason for pursuing this lawsuit and not taking the judgment? I would submit there is no legitimate reason.”

One reason, plaintiff attorney TJ Turner responded, is that it would be impossible for the judge to even determine the damages without hearing any of the evidence in their case.

Another, he said, is that Paxton is trying to “have his cake and eat it, too” by vigorously denying what the former deputies are alleging while also trying to avoid any public airing of their arguments by suggesting he won’t argue with them about it.

“We still have to put on our case,” Turner said. “This is just the latest parlor trick in Office of the Attorney General’s quiver so that they avoid what the A.G. fears the most, and that’s testifying under oath.”

See here, here, and here for some background. I’d be inclined to agree with the plaintiffs in this case almost regardless of what anyone said, but I strongly agree with them here. Paxton’s arguments are completely self-serving, in that he’s essentially pleading nolo contendere for the purpose of not having to say anything on the record while still enjoying the privilege of denying everything that he’s implicitly admitting to everywhere else. If you’re going to concede the fight, then what exactly is it you’re conceding? What are the facts that you’re not disputing? I Am Not A Lawyer, but this isn’t how it works. Right?

Also, too, if Paxton just gets to wave away admitting to anything specific, then what’s to stop the judge from saying basically “OK, then, you owe the plaintiffs one billion dollars. Each.” Remember, this lawsuit is against Paxton in his official capacity as Attorney General, meaning that he’s not on the hook for a dime. He doesn’t care what the taxpayers get stuck with.

Anyway. I notice that this ruling was made by Judge Catherine Mauzy, while the rulings about Paxton having to be deposed were made by Judge Jan Soifer. I’m a little confused as to why there are two judges involved – is the litigation over whether or not he must sit for a deposition different than the litigation over how much he owes the plaintiffs? How does that work? In my years of being a blogger who is not a lawyer I feel like I’ve learned a lot about the legal system and its various weird artifacts, but this is a new situation for me. Any of you lawyers out there, please feel free to weigh in.

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Interview with Kim Ogg

Kim Ogg

I think we can agree that the race for District Attorney is the highest profile primary race this cycle; there are some great legislative and Congressional races but they’re not countywide and they haven’t generated as much news coverage. There’s a lot of political drama to go along with the high stakes of the race. Incumbent DA Kim Ogg, running for her third term, doesn’t need much introduction, but as a reminder she began her career in the DA’s office in 1987, serving as a chief felony prosecutor during that time, she was appointed Houston’s first Anti-Gang Task Force Director by Mayor Bob Lanier in 1994, and she served as the Executive Director of Crime Stoppers of Houston from 1999 to 2006. I have interviewed her multiple times, most recently in 2020 when she ran for re-election the first time. You can listen to that interview here and you can listen to this one below:

PREVIOUSLY:

Karthik Soora, SD15
Michelle Bonton, SD15
Molly Cook, SD15
Rep. Jarvis Johnson, SD15
Todd Litton, SD15
Beto Cardenas, SD15
Annette Ramirez, Tax Assessor
Danielle Bess, Tax Assessor
Jerry Davis, Tax Assessor
Desiree Broadnax, Tax Assessor
Claude Cummings, Tax Assessor
Amanda Edwards, CD18
Pervez Agwan, CD07
Rep. Lizzie Fletcher, CD07
Christian Menefee, Harris County Attorney
Umeka Lewis, Harris County Attorney

I will finish my interviews with the candidates for County Attorney and District Attorney tomorrow, and then after that I get into legislative races. You can keep track of all my interviews and judicial Q&As on the ever indispensable Erik Manning spreadsheet.

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Judicial Q&A: Juan Aguirre

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

Juan Aguirre

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

My name is Juan Jose Aguirre and I am running for Judge of Harris County Criminal Court at Law #16. It is the only misdemeanor court that is up for election this year. All the off the other 15 misdemeanor courts are up for election on the governor’s cycle. This Court was created in the 2015 legislative session and therefore is not on the governor’s cycle

2. What kind of cases does this court hear?

This court hears Class A & Class B Misdemeanor, and appeals from Justice and Municipal Courts. Class A misdemeanor are arrestable offenses for which the punishment may be up to one year in the county jail and/or a fine not to exceed $4000. Most common examples are Assault Bodily Injury, Assault Family Member, Driving While Intoxicated as a second offender or having a breath/blood alcohol content over 0.15, and Resisting Arrest or Detention. Class B misdemeanor are also arrestable offenses for which the punishment may be up to 180 days in the county jail and/or a fine not to exceed $2000. Most common examples are Thefts over $100 but less than $750, Driving While Intoxicated as a first offender or with a breath/blood alcohol content less than 0.15, or criminal trespass.

3. Why are you running for this particular bench?

This bench is going to be an open bench as the incumbent is not running for re-election. I do court appointed cases and have cases pending in almost every one of the misdemeanor and felony benches. Since I have cases pending in those courts, I did not want to run against an incumbent Judge. This is the only County Criminal Court at Law that is up for election this cycle.

4. What are your qualifications for this job?

I have been licensed as an attorney for a bit over 22 years. Almost every single day of that time, I am at the criminal courthouse. I only practice criminal law. I was a prosecutor for almost 5 years and have been a defense attorney for 17 years. I have 103 jury trials and numerous bench trials as well. I have earned the trust and respect of fellow attorneys, prosecutors, judges and staff throughout the years. I believe that every one must be treated fairly and with respect, no matter what the race, sex, nationality, and socioeconomic status of the person. I grew up poor along the border with Mexico, and acquired my love of the law helping my father clean up the courthouse; he was a janitor for Val Verde County for over 30 years. Every thing that I have achieved has been through hard work and have a firm belief that everyone can achieve their goals, if given a chance and treated fairly.

5. Why is this race important?

Having been in criminal practice for so long, I see that most of the accused and detained are people of color; black and brown. On any given day, you can walk into the courtroom or more importantly the holdover cell of a courtroom and most of the people are minorities. Harris County is a bit over 45% Hispanic and yet the elected Judges represent barely 25% of the judiciary. It is important that this demographic be changed so that it can more accurately reflect the population of the county, but more importantly, the make up of those arrested and charged with a criminal case. Having grown up and worked in city government for 7 years prior to law school, I know the importance of knowing more than one language and being intimately familiar with their culture. I spoke Spanish before I spoke English and many of my existing clients do not speak English.

6. Why should people vote for you in March?

First of all, experience. While I have not been a Judge in the past, I have been practicing criminal law, at the courthouse for over 22 years. I am down there every day and know what the charging process and criminal law procedure that the accused and victims face. I have tried over 100 jury trials, which is not an easy task to achieve. I have practiced in all of the criminal courts, whether felony or misdemeanor and have tried cases from traffic to murder.

Second of all, knowledge. With age and practice, comes the knowledge. I mentor third year law students from Thurgood Marshall School of Law, and teach them the process from arrest, to client interview, to dealing with prosecutors, judge and staff, to trial. I have trained many a young prosecutors into what they can and cannot do and have earned their respect and admiration, as they have progressed at the office. Additionally, I have volunteered to sit with other attorneys in trial to share my knowledge and experience in trying cases, and to provide another set of eyes and ears during trial.

Lastly, being bilingual and bicultural brings a needed perspective to the bench that is needed in the changing demographic of the population in Harris County. My mother was from Mexico and all of my grandparents were from Mexico. I know the history and culture of Mexico and of several other Latin American countries. I believe that it is important to bring that additional perspective as a presiding judge.

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SCOTx pauses Paxton deposition

Delay, delay, delay…

A crook any way you look

The Texas Supreme Court has halted depositions that were scheduled to begin Thursday in the whistleblower case against Attorney General Ken Paxton.

The all-GOP court issued an order Tuesday staying the depositions and giving the parties until Feb. 29 to respond with their broader legal arguments. The decision was made public within hours of Paxton’s top political ally — former President Donald Trump — calling on the court to end the case.

Earlier this month, a district court judge in Travis County had ordered Paxton and three top aides to sit for depositions starting Thursday with the attorney general himself. Paxton’s office fought that order up to the Supreme Court, asking the justices to at least put the depositions on hold.

[…]

The Supreme Court did not explain its ruling Tuesday. It said one justice, Evan Young, did not participate.

Three of the nine justices are up for reelection this year, though only one, John Devine, has a primary challenger.

See here for the previous update. There will be a hearing today in the Travis County court to argue about Paxton’s motion to declare that the case is resolved because of his announcement that he will no longer contest the allegations made by the whistleblowers. I’m going to guess he will lose on that motion, and there will be more appeals after that. Like I said, what an absolute weenie this guy is. The Chron, which notes that if Paxton is ever forced to provide testimony, “anything he says could be used by federal criminal investigators and could put pressure on state lawmakers to revisit the impeachment allegations”, has more.

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Endorsement watch: Menefee and Gonzalez

The Chron has begun their process of endorsing candidates for the primaries. They kicked things off by recommending Sheriff Ed Gonzalez for another go-round.

Sheriff Ed Gonzalez

Gonzalez, a 54-year-old former city councilman and Houston Police Department homicide detective, is a well-liked and generally well-respected lawman known for his fair-minded approach to fighting crime. He depicts the situation at the jail as both unacceptable and untenable: “Anytime anyone dies in our custody, I take it very seriously, I take it very personally,” Gonzalez told us in a candidate screening with his Democratic challengers. “No one wants that to happen. I’ve learned in this line of work that sometimes despite one’s leadership, unfortunately, there’s going to be some unfortunate outcomes that come with that.”

Leadership, though, is what his opponents say is missing. Some say Gonzalez’s ‘nice guy’ persona isn’t assertive enough to get a handle on the crisis.

Gonzalez argues he’s doing everything within his power and has made some progress: He noted that suicides in the jail have decreased dramatically. He said that some of the in-custody deaths were categorized incorrectly and that some inmates had pre-existing health conditions that worsened while detained. He has indeed taken swift action in certain cases where jail guards were abusive, holding them accountable by suspending or terminating them.

Evidently, county commissioners agree with Gonzalez that more funding would help address some of the problems: after Gonzalez appealed for more resources in August, the county adopted a budget that includes an $80 million increase for the sheriff’s office, including an additional $20 million for the jail that would go toward staffing.

Should voters view those additional monies as a taxpayer-funded bet that Gonzalez can right the ship over the next year by reducing the number of in-custody deaths, bringing the jail in compliance with state standards and boosting morale among detention officers and deputies? We think so. The sheriff’s office has already made one step in the right direction, announcing last week plans to require all detention officers at the jail to wear body cameras by the end of the summer in an effort to increase transparency.

For all our frustration with Gonzalez’s failure to get the jail under control, our reporting and interviews with his opponents didn’t persuade us that any of them could do much better. Their ideas and in some cases experience were lacking.

One could read this as “if there had been a better opponent this would have been a tougher choice for us”, but they had more nice things to say about Sheriff Gonzalez later on. Maybe there was someone who could have made this a real contest, but the Sheriff still has a lot of accomplishments even as the jail continues to be a big problem. The Chron seemed to be impressed by Glenn Cowan on the Republican side, which could make their choice for November more up in the air than I’d like. But that guy has to win his race first.

They had a much easier choice for County Attorney, and they gave a robust endorsement to incumbent Christian Menefee.

Christian Menefee

We believe Menefee is carrying out his duties diligently. With just one term in office, he’s backed up his progressive credentials and then some. Menefee came in on a promise to expand the environmental enforcement and he delivered, growing the office from four to 11 full-time attorneys and bringing the fight to some of the most long-neglected communities.

In a state that produces the most ready-mix concrete and a county with scores of concrete batch plants, Menefee’s commitment to neighborhoods choking on the dust of this multibillion dollar industry has been unwavering. In Fifth Ward, he’s been instrumental in finally getting the federal government involved in the testing and potential cleanup of creosote contamination. In Carverdale, he helped stop the expansion of a landfill. Along I-45, he’s joined the city to push back against plans for a massive highway project that hadn’t sufficiently heard community concerns. And he’s struck important wins for the county, from tightening safety standards for construction companies working with the county to standing up for voting rights and starting a paid summer legal academy for underserved high school students.

“When I was growing up, I didn’t know any lawyers,” he said. “I didn’t even know anybody who went to college.”

Menefee has combined his legal and personal experience to create a competent, effective and equity-minded office.

You can and should listen to my interview with Christian Menefee here. The Republican primary for County Attorney is unopposed, so no endorsement given there.

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Interview with Umeka Lewis

Umeka Lewis

Challenging incumbent Christian Menefee in the primary for Harris County Attorney is Umeka “UA” Lewis, who is a civil rights attorney and partner in a local law firm who got her law degree at TSU. There isn’t much biography on her website, but you can get a feel for her professional career via her profile on the Harris County Criminal Lawyers Association website. She has been in the news for a false arrest lawsuit she filed and won against the city and for a run-in with a notorious federal judge. To learn more you’ll need to listen to the interview, which conveniently enough is right here:

PREVIOUSLY:

Karthik Soora, SD15
Michelle Bonton, SD15
Molly Cook, SD15
Rep. Jarvis Johnson, SD15
Todd Litton, SD15
Beto Cardenas, SD15
Annette Ramirez, Tax Assessor
Danielle Bess, Tax Assessor
Jerry Davis, Tax Assessor
Desiree Broadnax, Tax Assessor
Claude Cummings, Tax Assessor
Amanda Edwards, CD18
Pervez Agwan, CD07
Rep. Lizzie Fletcher, CD07
Christian Menefee, Harris County Attorney

I will run interviews with the candidates for County Attorney and District Attorney this week, and then after that I get into legislative races. You can keep track of all my interviews and judicial Q&As on the ever indispensable Erik Manning spreadsheet.

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

Judicial Q&A: Jill Yaziji

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

Jill Yaziji

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

My name is Jill Yaziji. I am the democratic challenger running for the 165th Civil District Court, Harris County. I am a Longhorn three times over, graduating from the University of Texas School of Law, and previously earning an M.A. and PhD in Comparative Literature at UT-Austin.

I grew up in Damascus, Syria, and moved to Texas to attend UT as a graduate student. I have lived in Texas for more than 30 years, and moved to Houston in 2000 after I graduated from UT Law. I am married to Darrow Zeidenstein, an executive at MD Anderson Cancer Center, and have two sons, Julian and Anderson.

I am the sole proprietor of Yaziji Law Firm, PLLC. I started my firm after working at two major law firms in Houston. I represent clients in civil cases, and greatly enjoy the practice of law.

2. What kind of cases does this court hear?

The 165th is a civil district court, which hears the types of cases that involve everyday people, such as contract and other business disputes, personal injury cases, tax cases, property disputes, and the like. Typically, it does not hear criminal, family, or probate cases as these cases are heard in their own specialty courts.

3. Why are you running for this particular bench?

Judges serve the people of Harris County, and they must ensure the cases are timely heard and motions promptly decided. The incumbent, the Honorable Ursula Hall, has been consistently late in ruling on cases pending before her, as evidenced by over thirty mandamus actions to the courts of appeal against her. A judge must be timely and decisive in conducting the business of the court because justice delayed is justice denied. In many of these cases, the parties were forced to seek relief from the higher courts, which raises the costs of litigation and delays resolution of the cases. It also results in wasting judicial resources and taxpayer money when the court of appeals must intervene in ministerial actions.

I want to emphasize that I have nothing against Judge Hall as a person. In fact, I found her to be kind and highly intelligent. But delayed justice can erode the public trust in the judiciary. An example is the Texas Commission on Judicial Conduct’s October 28, 2020, decision, which found the Honorable Ursula Hall’s lack of timely rulings to be inconsistent with the proper performance of her duties, issued a public warning, and ordered her to take additional judicial education. See, CJC No 19-1652. Harris County citizens deserve a fair judge who can listen and rule and that’s why I am running for this particular bench.

4. What are your qualifications for this job?

I have 22 years of trial experience, representing hundreds of individuals and businesses in civil disputes. Among the cases I have handled are contract disputes, claims for breach of fiduciary duty, personal injury claims, construction disputes (involving general contractors, owners, and lien holders), employment disputes, and more.

I also know the struggles of attorneys with protracted discovery battles and will provide restructured procedures for fair and effective adjudication of the cases. I have worked on both sides of the docket and have enjoyed amicable relations with opposing counsel. I will listen fairly to all sides of an argument and rule objectively and based on the relevant law and facts.

My personal life experience provides an additional perspective that I can bring into this job. I came to Texas from a country without working courts or respect for the rule of law. I saw how a weak legal system compromised the people’s trust and produced all sorts of social ills. This unique perspective further motivates me to serve, foster trust, and implement the huge potential of our justice system.

I believe in public service. Between 2011 and 2017, I served on various committees of the Houston Bar Association, where I gained insight into ways to facilitate access to justice, promote professionalism, and improve communications between the bench and the attorneys. Volunteering for LegalLine was a rewarding experience where a number of lawyers gathered in the HBA offices downtown over some pizza, and we helped answer basic questions of those in our community who could not pay for legal services. Recently, I was a volunteer president of the ACC, a nonprofit Arab American organization in Houston that fosters understanding and cooperation between Arab Americans and their larger community. In each context, I found serving others to have contributed to my vision of how to beat obstacles and realign diverse interests into meaningful experience.

5. Why is this race important?

The March 2024 Primaries are very important to Harris County and judicial races are especially important. It is good to have new, qualified people on the bench, promote diverse backgrounds, and problem-solve. I hope to inspire others by entering this important race, and to conduct it in an amicable and honest manner.

6. Why should people vote for you in March?

My candidacy is important because of the issues we discussed above. Our county is polarized, and we need people who are engaged and can restore the public trust in elected officials. In the March 2024 Primaries, Harris County must rely on candidates that can deliver. I will bring a high standard of professionalism to this Court and would be honored to receive the people’s vote to this important elected office. The choice is clear.

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I-10 elevation update

From the Woodland Heights Civic Association January newsletter:

I-10 Heights to I-45 Project Update: Community Advocacy Leads to Significant Changes

The Texas Department of Transportation (TxDOT) has announced modifications to its $347 million plan to elevate a section of Interstate 10 in Houston’s Heights area, a direct result of public feedback provided in 2022. This project, stretching approximately 1.8 miles from Heights Boulevard to I-45 in Downtown Houston, aims to raise the I-10 main lanes above the floodplain of White Oak Bayou.

Key Modifications:

  • Detention Pond: A 26-acre detention pond will be constructed beneath the elevated I-10 main lanes between Studemont Street and Houston Avenue.
  • Reduced Impact: The project now includes slightly lower lanes and sound-dampening walls, addressing noise concerns.
  • Preservation Efforts: More of the wooded area near White Oak Bayou (Taylor Woods) will be preserved.
  • New Shared-Use Path: A path for cyclists and pedestrians will be added on the south side of the bayou.

These changes are a testament to the effectiveness of community advocacy. The revised plans, presented in a virtual session and discussed at an in-person meeting on January 17th, 2024, reflect the community’s concerns and suggestions.

See here and here for the background. The full TxDOT presentation about this is here, and an illustration of how the proposal has changed since 2022 is here. Pretty significant.

The Chron adds some details.

Revised plans to elevate Interstate 10 northwest of downtown along White Oak Bayou seem to have eased — but not eliminated — concerns from nearby residents.

Though some still question the need for the $347 million project by the Texas Department of Transportation to lift I-10 out of the floodway, slightly lower lanes and walls to dampen sound correct many of the problems people identified with the earlier plans.

“I am not going to say I like it, but I like it a lot more than what they proposed the first time,” Heights resident David Rawlins said after seeing the plans Tuesday night online.

TxDOT’s revised plan would elevate about 2 miles of I-10 west of I-45, between Houston Avenue and Studemont. The higher freeway lanes would reduce flooding risk from nearby White Oak Bayou but also place elevated lanes through First Ward and southern parts of the Heights, which alarmed residents when designs were unveiled mid-2022. Elevating the lanes also means elevating the HOV ramp into the central business district, which under the plans would be more than 115 feet in the air at its highest point near I-45.

After concerns from residents, TxDOT engineers refined the project, lowering the lanes where possible and committing to taller walls along the road to address noise pollution and plans for new trails along and beneath the freeway to improve bayou running and biking trails.

[…]

While some look to the sky, others are focused more on the ground level of exactly what an elevated freeway will leave. TxDOT has made commitments to keep trees and plant others in the area, while it uses the area beneath the freeway for stormwater detention. Officials also plan a biking and walking trail along the south side of the bayou, which will connect to the M-K-T Trail in three places. The trail additions would not add a lengthy route, but add options south of White Oak to access the broader and growing trail system along the bayou.

Despite multiple changes, residents remain wary of many parts of the project, in part because it is one of many in the area and it is difficult — some said — to get the full scope of what is coming. Work raising the lanes along I-10 could start in late 2024 or early 2025 but be closely followed by plans by Metropolitan Transit Authority for a busway along I-10 between Loop 610 near Post Oak and downtown. Those lanes could be as tall as the HOV lanes into downtown on the south side of the freeway.

TxDOT also has its own plans for elevated managed lanes along the center of I-10 within Loop 610, as well as the massive I-45 rebuild that replaces the current interchange with I-10.

All the projects converge at White Oak Bayou, making understanding each of the projects in concert with the others important, [Fred Lindner with Save White Oak Bayou] said.

“Since TxDOT elects to treat all the project separately, it makes messaging the effects of the project difficult,” he said in an email. “We will be asking TxDOT to provide a comprehensive view of all their projects along I-10 so that there can be a public understanding of their totality.”

See here for more on the Metro piece of this, which as far as I know is dependent on that other elevated portion of I-10. I agree with Fred Lindner that there are a lot of disjointed pieces making it hard to keep up with the big picture, and with David Rawlins that this is better but I’m still leery because you can’t ever fully trust TxDOT.

The Leader News has a good wrapup with some informative pictures, as well as this timely reminder:

The public can continue to study and react to the proposal online or by writing:

TxDOT Houston District Office

Attn: Advanced Project Development Director

P.O. Box 1386

Houston, Texas 77251-1386 or emailing HOU-PIOwebmail@txdot.gov

All comments must be received by Feb. 1.

Questions can also be directed to Grady Mapes, TxDOT district program director, at 713-866-7040, or by email at Grady.Mapes@txdot.gov.

Make your voice heard while you can.

Posted in Planes, Trains, and Automobiles | Tagged , , , , , , , , , , , , , , , | 3 Comments

Interview with Harris County Attorney Christian Menefee

Christian Menefee

We will be doing two races again this week, Harris County Attorney and Harris County District Attorney. Christian Menefee was elected Harris County Attorney in 2020 after knocking off three-term incumbent Vince Ryan in that year’s primary. The youngest person and first African American to be elected Harris County Attorney, Menefee came in with an agenda to be more aggressive in protecting voting rights and enforcing environmental laws. His office has been busy filing lawsuits, often against the state, on those matters and others, from facemask bans to the “Death Star” and beyond. There’s sure to be more of that in the future, and we talked about what the past four years have been like as well as what we have to look forward to. Here it is:

PREVIOUSLY:

Karthik Soora, SD15
Michelle Bonton, SD15
Molly Cook, SD15
Rep. Jarvis Johnson, SD15
Todd Litton, SD15
Beto Cardenas, SD15
Annette Ramirez, Tax Assessor
Danielle Bess, Tax Assessor
Jerry Davis, Tax Assessor
Desiree Broadnax, Tax Assessor
Claude Cummings, Tax Assessor
Amanda Edwards, CD18
Pervez Agwan, CD07
Rep. Lizzie Fletcher, CD07

I will run interviews with the candidates for County Attorney and District Attorney this week, and then after that I get into legislative races. You can keep track of all my interviews and judicial Q&As on the ever indispensable Erik Manning spreadsheet.

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

Judicial Q&A Judge Julia Maldonado

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

Judge Julia Maldonado

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

I am Julia Maldonado, and I am the presiding judge of the 507th District Court in Harris County, Texas. I was first elected in 2016 and have served the people of Harris County continuously for the past seven years. Before being elected to the bench, I practiced law in Texas for eighteen (18) years, with my practice primarily focused on family law. I became Board Certified in Family by the Texas Board of Legal Specialization in 2012, was re-certified in 2017 and in 2022. Beyond my legal career, I am a lifelong resident of Houston, the mother of two wonderful sons and the grandmother of two incredibly energetic grandsons.

2. What kind of cases does this court hear?

The 507th Family District Court hears cases involving divorce, marital property disputes, name changes, enforcements, child custody, child support, adoptions, termination of parental rights, cases involving the Texas Department of Family and Protective Service, and other family related cases. While most cases are disposed of with rulings from the bench, occasionally there are issues which are tried before a jury.

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

During my time on the bench, I have worked assiduously at reducing the backlog in the court’s docket and streamlining the process for matters to be heard and disposed of in a reasonable amount of time. This allows for parties to have their matters heard quickly and reduces the amount of time and money that parties may needlessly spend on attorney’s fees. I also instituted a weekly continuing legal education seminar and mentorship program, “Cafecito with the judge,” where everyone is welcomed, and many family law practitioners attend. We cover topics in family law that better prepare lawyers to address issues that they may face in assisting their clients throughout the family law process. We analyze the Texas Family Law Handbook, reviewing sections of the law that may impact their practice and enjoy legal discussions regarding current appellate holdings and trends. It has been a fulfilling experience to open the doors to my court and provide a way for attorneys to earn a free, weekly .75 CLE credit and brush up on the law.

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

First, I hope to continue to serve the people of Harris County with a learned judicial mind, continue to develop and explore ways to build the court’s connection with the community, that includes both attorneys and litigants, and continue to interpret and apply the law as it is written. Secondly, it is my goal to continue fostering a fair and positive experience in contentious cases while treating parties and their lawyers with empathy, courtesy, and fairness, and to make rulings that are based solely on the law, irrespective of party, lawyer, or political affiliation.

5. Why is this race important?

This race is important because the person who serves on this bench has the responsibility of deciding issues affecting children and families of Harris County. This election cycle highlights the importance of preserving and protecting the foundation of family values for every resident in this county. Harris County deserves a person who is qualified based on their ability to understand and apply the law as written. Harris County also needs a person who has experience both as a lawyer and as a judge to make decisions that are evidenced-based and that are in the best interests of children, who are often the forgotten people in divorce cases. This court and the role it plays in people’s lives is too important to be put in the hands of a person who has little real-world family law experience and is not board certified in an area of the law that the court exclusively deals with on a daily basis.

6. Why should people vote for you in March?

People should vote for me because I am the most qualified candidate to serve the people of Harris County on the 507th Family District Court. I have legal experience as a former family law practitioner for over eighteen years with board certification in family law since 2012, and I have seven (7) years of judicial experience from having served as the judge of the 507th District Court since my election in November 2016.

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Paxton special prosecutor pay update

Situation more or less the same as before.

A crook any way you look

Texas’ highest criminal court on Wednesday declined to intervene in the long-running battle over the prosecutors’ pay in the securities fraud case against Attorney General Ken Paxton.

After a trial court judge ordered Collin County to approve back pay to the prosecutors in November, they asked the Court of Criminal Appeals to force the county to pay them given its years-long resistance to doing so. The Texas Court of Criminal Appeals said Wednesday it would not take up the issue.

The prosecutors, Brian Wice and Kent Schaffer, said they were disappointed by the decision but noted it was “not a ruling on the merits” and that the issue is still being debated in a lower appeals court.

The all-GOP court did not explain its decision, but this was not the first time it was asked to weigh in on the controversy. It struck down the prosecutors’ pay schedule in 2018, telling the trial court judge at the time to “issue a new order for payment of fees” consistent with a state statute governing compensation for court-appointed attorneys.

The pay fight is getting closer and closer to Paxton’s long-anticipated trial date, currently set for April 15. A pretrial conference is scheduled for Feb. 16.

[…]

Officials in Collin County — Paxton’s home county and where the case originated — have long balked at the prosecutors’ fee schedule and have not approved an invoice since 2016. But Harris County District Judge Andrea Beall sought to put an end to the stalemate in November, ruling Wice and Schaffer were owed the $300-an-hour rate they were promised when they started in 2015.

Earlier this month, with the Court of Criminals Appeals case still pending, Collin County went on the offensive, asking the Houston-based 1st Court of Appeals to overturn Beall’s order. That court has given the prosecutors until Jan. 29 to respond.

“Now that the First Court of Appeals has jurisdiction over this matter, we are confident that it will conclude that Judge Beall’s order was well within the heartland of her virtually unlimited judicial discretion,” the prosecutors said in their statement.

The prosecutors emphasized that the Court of Criminal Appeals did not rule on the merits of their request to force Collin County to pay them. The Court of Criminal Appeals only denied their motion for leave to file, which is a request for the court to consider something outside its normal procedures.

See here for the previous update. Not really anything more to add. Do mark your calendars for February 16 and April 15, though. Wouldn’t want to miss those occasions.

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Weekend link dump for January 28

“I unwittingly bought a 1980s racist horror at a garage sale”.

“Back in 1894, North American whaling crews — marooned up near the Yukon Territory’s Herschel Island in Pauline Cove, awaiting the ice to thaw out so they could get back out on the sea — started up the world’s coldest baseball league. A way to keep them from fighting each other, drinking too much and, well, simply being bored out of their minds.”

Casting for the Golden Bachelorette is now happening.

RIP, Dr. David Mills, inventor of Network Time Protocol (NTP), the reason your mobile phone and other devices are now able to update their own time as needed.

RIP, Mary Weiss, former lead singer of the 1960s pop girl group The Shangri-Las, best known for the song “Leader of the Pack”.

Canada has better streaming bundles than we do.

“Really the whole 2024 Republican primary cycle was the billionaires and the Republican professional class getting together to see if it might be possible to nudge Trump out of the way. But it became clear before it even began that it was impossible. Most of the last year was just rushing through a novel you’d already watched to the end in its movie version.”

“But I wonder if there is more behind the fury over the Dobbs decision than just access to abortion, huge though that is.”

“[C]orporate profits drove 53 percent of inflation during the second and third quarters of 2023 and more than one-third since the start of the pandemic.”

“An anti-voting robocall that seems to use an artificially generated version of President Joe Biden’s voice is being investigated by the New Hampshire Attorney General’s office. The calls sent on Sunday told Democrats to avoid voting in the Presidential Primary on January 23.”

“The 10 Most Emmy-Nominated Shows Without Any Wins”.

ALERT! New Billy Joel single set to drop this week. We are excited.

Major congratulations to Tara VanDerveer, now the winningest coach in college basketball history.

This story about Soupy Sales made me want to look up and reread this story about Soupy Sales. It was a good decision. I think you will enjoy reading (or rereading) it as well.

“[Republican State Rep. Richard Holtorf, a candidate for Colorado’s 4th Congressional District,] did not appear to recognize the disconnect between his statement lauding the benefits of abortion access for his pregnant girlfriend and his staunch opposition to abortion rights, which led him to call abortion rights supporters “godless heathens” last year.”

“I realize I am painting a pretty dismal picture of the 2024 crawfish crop. But this is what I’m seeing.”

“Turns out, isn’t meant for 10-12 people. But it IS six sandwiches, stacked on top of each other. And it is 3 feet tall.” More, because I know you want more, here. Not all heroes wear capes.

RIP, Dexter Scott King, civil rights activist and youngest son of Dr. Martin Luther King, Jr.

RIP, Norman Jewison, Oscar-nominated director and producer whose movies included In the Heat of the Night, Moonstruck, and many others.

RIP, Mark Stephen Wicks, co-founder and co-owner of Houston’s iconic Hot Bagel Shop, one of my personal faves since I first found it in the 90s. For many years it was on my preferred route to work, and let’s just say I’ve had my share of breakfasts there. Some combination of Mark, his brother Donald, their mother in the early days and their daughters now, were always there cheerfully slinging bagels. Houston’s food scene has grown and diversified and matured a lot since those days but there’s still no one that does bagels better than they do. My sincere condolences to the Wicks family.

“Although state transportation agencies put resources into quests for traffic puns, research suggests that their efforts are pointless. The federal recommendation against witty messaging boards—it’s not an outright ban—is overdue and welcome. In fact, it doesn’t go far enough.”

RIP, Charles Osgood, journalist and Emmy-winning anchor of CBS Sunday Morning.

You are not a victim. You are not the object of a political prosecution. These are circumstances of your own making.”

“As Donald Trump and his campaign spend millions to try and win back the White House, some of his staunchest supporters are selling off property and pleading for money on the internet to defend themselves against charges that they broke the law to help him the last time he ran.” You know that picture of Grumpy Cat that has “GOOD!” for a caption? That’s me right now.

Specificity means credibility. It makes things concrete. It proposes a straightforward transactional commitment, a specific, actionable promise. No vagueness. The specificity also allows constant messaging over the course of the election year as each senator lines up to pledge to do it. The Biden campaign’s new push is a big step in the right direction. But more specificity, a more concrete promise, is necessary to fully mobilize lopsided public opinion on this issue in favor of holding the White House and Congress.”

Posted in Blog stuff | Tagged | 1 Comment

How are the city’s talks with H-GAC going?

Things seemed to be going reasonably well. The deadline had passed but no one seemed to fussed about it.

Despite a deadline set by Houston voters for early January, the process to increase Houston’s role in regional planning will take at least another month, as concerns from other local governments complicate negotiations.

Last November, Houstonians approved a ballot measure that aims to give the city more representation on the Houston-Galveston Area Council. Comprising over 100 local governments, the council makes key regional decisions and distributes federal funding in areas like flood protection, workforce development and large-scale infrastructure.

Houston, making up over 30% of the region’s population, has only two seats on H-GAC’s 37-member board. The recent ballot measure compels the city to leave any government council that does not apportion votes based on population, giving city officials 60 days to either renegotiate with H-GAC or withdraw from the group altogether.

Facing concerns from some representatives of smaller jurisdictions, however, H-GAC officials decided last week to spend an additional month educating members about the potential impacts of a revamped voting structure.

Waller County Judge Trey Duhon, leading an H-GAC committee in charge of reviewing the board’s voting structure, said the holiday season made adhering to the 60-day timeframe challenging, but assured the public that the team is working on the matter with urgency.

“There are some folks that still feel like they need a little bit more time to digest some of the legal ramifications, some of the impacts that this will have,” Duhon said at H-GAC’s monthly board meeting on Jan. 19. “Everybody wants to be very deliberate in this process.”

[…]

Having exceeded the 60-day deadline, the city of Houston now faces the possibility of legal challenges. But Smither said her group is so far content with the progress made by Houston and H-GAC officials.

“We see good faith progress,” [Alexandra Smither, spokesperson for the grassroots advocacy group Fair for Houston,] said. “I would say right now, we are fully living in the moment of being supportive of this process.”

H-GAC officials have crafted and presented proposals to amend the voting structure of both their own board and the board of their Transportation Policy Council.

The current proposals envision a two-layer voting structure for both the H-GAC board and the Transportation Policy Council board. In both cases, the existing board would handle everyday decisions, but members would have the option to invoke a second vote. This second vote would be done by a different board that takes into account each jurisdiction’s population size.

Houston, for instance, would have 5% of the vote on the H-GAC board in the first instance but 23% in the second. The aim, according to H-GAC officials, is to acknowledge population differences while also ensuring that Houston and Harris County do not monopolize every discussion.

Many H-GAC members, including Houston and Harris County officials, expressed support for the proposals at the latest board meeting last week. Several members, however, raised concerns. They resisted the notion of granting more power to Houston and Harris County and argued that the proposed system is overly convoluted.

“I personally am opposed to this whole process,” Montgomery County Judge Mark Keough said. “We didn’t create this problem…but we’re just kind of offering it up and changing how we do everything.”

Houston Council Member Sallie Alcorn, recently elected chair of H-GAC’s board of directors, emphasized the city’s desire to remain in the council but also highlighted the limitations imposed by the approved ballot measure.

“We’re kind of in uncharted territory,” Alcorn said. “I do think to honor the charter amendment, there would be at least some discussions of what that would mean for the city of Houston if we would have to leave. I don’t know how that plays out. I’m hoping we don’t have to get there.”

See here for the previous update. And then the Transportation Policy Council, which was also required to undertake similar reforms, had a meeting on Friday to discuss that and it all went to hell.

The Houston region’s transportation board stepped into uncharted territory Friday, with suburban members of the board nixing consideration of proportional voting to satisfy a Houston ballot measure.

The decision, which could have ramifications for regional planning and potentially funding, leaves Houston members of the board caught between the will of their voters and the unwillingness of their regional peers to adjust.

“We were hoping it would not come to this, but it did,” Houston City Council Member Sallie Alcorn said, after the Houston-Galveston Area Council’s Transportation Policy Council ended work on a proportional voting plan.

The goal here was to reform H-GAC in a way that better represented Houston. Leaving is the last resort. If Fair for Houston is content with how the negotiations are going, that’s good enough for me. According to the story we should see some action at the next board meeting in about a month. If things are still at an impasse then, we’ll see if that moves us closer to the leave option.

In ending work on the plan, policy council members also denied Alcorn’s request for another 30 days to work on compromises, saying a deal was unattainable.

“I have heard from my constituents, and they do not want to change the voting structure, period,” Pearland Mayor Kevin Cole said.

Alcorn, also chairwoman of the H-GAC board of directors, said she would consult with the city’s legal department about what options are available going forward. While the decision does not immediately halt projects or stop planning for new roads and transit, it casts doubt on how Houston participates.

[…]

Without Houston on the regional board, under certain scenarios, the region could begin to lose out on federal funding or become less competitive for grants when the Houston area cannot provide universal support for projects.

That risk, however, did not prompt officials to move ahead without voting changes. Calling the idea of proportional voting everything from a confusing plan to a power grab, the majority suburban members of the transportation council defended the status quo of every member of the 27-person board being equal.

“In every instance this body has come together and voted for what is best for the region,” Sugar Land Mayor Joe Zimmerman said.

Very few of those votes have been contentious, but rancor has been growing since a 2021 decision to support the planned rebuild of Interstate 45 in Houston, over the objections of transportation council members from Houston and Harris County.

Since then, suburban officials have lamented changes to both H-GAC policy and project rankings, arguing they are too advantageous for urban areas as opposed to growing suburban regions.

Transportation council members voted 20-6 to end any work by H-GAC staff on proportional voting. The vote was opposed by Houston’s three members of the committee and appointees of Harris County, Metropolitan Transit Authority and Gulf Coast Rail District.

The minority, however, had support from Fort Bend County Commissioner Grady Prestage, who pointedly called the refusal to even continue discussions “pretty disrespectful and disingenuous.”

“We are serving a half-baked cake right now, and I think we need that month,” he said in support of Alcorn’s request for time, though he later voted with suburban interests. “I don’t like the spirit of that.”

Prestage added that ending the discussions “won’t heal some of the wounds we are going to inflict right now.”

Don’t forget the screw job on federal storm mitigation funds, which wasn’t part of the TPC but was part of the overall complaint about H-GAC. I will stipulate that the overall record for H-GAC and its representatives has been reasonable and focused on the needs of the region as a whole. I don’t know what the specific complaints of the suburban areas are about the H-GAC policy and project rankings, but they have the majority of the power and we have seen clear examples of how their representatives in the Legislature and Congress think about Houston, so trusting them to do right by us based on historic performance is not a bet I’m willing to make. There were provisions built into the voting reform proposals to ensure that Houston and Harris County did not have an unassailable majority to force its will on the rest of the body. They could have kept the dialog going to see what kind of consensus could be reached. This right here is why it was possible to convince a large number of Houston voters why change was needed.

I don’t know what happens next. I’ve been concerned about that possibility all along, but I was hopeful that compromise could be reached. Maybe people will cool off over the weekend and want to give it another go. If not, well, we tried. A few statements from Fair for Houston advocates before we go, from the Yes on Prop B Twitter feed:

Fair for Houston hasn’t released their statement yet; I’ll update when they do. In the meantime, we wait and see what happens next.

Posted in Local politics | Tagged , , , , , , , , , , , , , , , , , | 1 Comment

Paxton harasses another out of state clinic

Disgusting, but par for the course with our degenerate AG.

A crook any way you look

Texas Attorney General Ken Paxton is seeking medical records from a Georgia telehealth clinic that offers gender transition care to young people in Texas and other states where the treatment has been banned.

The request, confirmed by the clinic’s founder, is similar to one Paxton sent to Seattle Children’s Hospital last year. Seattle Children’s has sued to block the release. LGBTQ advocates have criticized Paxton’s effort as fear-mongering.

The attorney general has not discussed the Seattle inquiry publicly, and his office has declined to say how many medical facilities it’s targeting in total or why. The agency is seeking to withhold records of any other similar petitions, which Hearst Newspapers requested under the state’s public information law.

But the investigation appears to be broader than originally known.

Karen Loewy, a lawyer with Lambda Legal, which represents Texas families of transgender children, said she has spoken with a “handful” of people whose organizations have received demands similar to Seattle Children’s. She declined to name them or give an exact number.

The provider in Georgia, QueerMed, serves patients from nearly all states, including Texas. The group’s founder, Dr. Izzy Lowell, said she had consulted with her lawyers but couldn’t otherwise comment on how she plans to respond to Paxton’s request.

“I’m not breaking any laws,” Lowell said. “We are doing everything by the book according to state law.”

[…]

Legal experts and LGBTQ advocates say Paxton has little power to force hospitals outside of Texas to comply with his demands. The Texas ban, Senate Bill 14, only allows Paxton to sue providers in the state.

“There is nothing in SB 14 that authorizes this whatsoever,” Loewy said. “I don’t really understand how on earth this is anything other than a scare tactic of trying to stop families in Texas from lawfully traveling someplace else to obtain medically necessary care for their kids.”

Ricardo Martinez, CEO of Equality Texas, said Paxton was “grasping for power beyond the state boundaries.”.

He “ has no other motive than to intimidate and terrify law-abiding Texas families, Martinez said.”

Sharona Hoffman, a professor of law and bioethics at Case Western Reserve University, said Paxton’s requests could be blocked by a federal law restricting the release of medical information, known as HIPAA. The law contains an exception for criminal investigations, but it’s unclear what law enforcement role Paxton would be taking – or have the power to take – here.

“A government cannot just say, ‘We’re interested in this, we’re not going to do anything with this, spill the beans,” Hoffman said.

Paxton and the attorney general’s office have been unusually quiet about the inquiry. The agency declined to release records that would name other hospitals or providers targeted by the investigative demand letters, citing pending and anticipated litigation, including the Seattle Children’s case.

See here for more on the Seattle Children’s Hospital case. I’m not qualified to discuss the HIPAA implications of these requests – I Am Not A Lawyer and I know little about HIPAA. My ignorant layman’s guess is that there’s some kind of law enforcement exception that Paxton is using in these demand letters, but again I don’t know. I welcome someone who does know weighing in. Even in my ignorance, I feel pretty confident saying that patient privacy would be a reason why these hospitals would decline to respond. (In the Seattle case, a Washington has cited a law from that state that prevents Seattle Children’s from complying.)

A bigger question is how does Ken Paxton know to target these facilities? What evidence did he have to compel him to send them the demand letters? Again, not a HIPAA expert in any sense, but the fact that patients from Texas were being treated there – assuming, in fact, that they were – seems to me to be knowledge that he shouldn’t have. Are there informants of some kind out there? That sure would open a big can of worms. Or is he just going down a list of facilities that are known to provide gender affirming care to minors and targeting them all? In your televised legal dramas, this is what a judge would call a “fishing expedition” and deny the cops’/prosecutors’ request for a search warrant. How would this be different?

I’m sure there are other, probably better and more on-point questions that could be raised here. Towards that end, given the secrecy with which Paxton is operating here, I hope that both the media outlets that are trying to request this information from the AG’s office as well as groups like Lambda Legal file a lawsuit to force its release. That could obviously take some time, but the principle is too important to let that be an obstacle. Maybe the publicity will spur other providers to come forward if they have been targeted as well. We need a lot of sunshine here.

I’ll keep an eye on this. In the meantime, there’s another matter to discuss.

Civil rights organizations are calling on the United Nations to examine and publicly make statements against anti-LGBTQ legislation and statements from Texas legislators in what the organizations call a “concrete attack against LGBTQIA+” communities in the state.

The 37-page joint letter was sent to working groups at the United Nations. The letter mainly focuses on seven anti-LGBTQ bills passed by the Legislature in its 2023 session. More than 140 anti-LGBTQ bills were filed during the session, according to Equality Texas, which submitted the letter alongside the ACLU of Texas, GLAAD, the Human Rights Campaign and the Human Rights Clinic at the University of Texas at Austin School of Law.

“Together these laws are a systemic attack on the fundamental rights, dignities, and identities of LGBTQIA+ persons that opens the gates for discrimination by both public and private actors,” said the joint news release.

You can see a copy of the letter here. I admit, my immediate reaction on seeing this story, which I saw before the one I wrote about above, was that it was a futile gesture, since obviously there’s no way this will alter the stance of any homo/transphobic Texas Republican. But clearly the point here is to name and call attention to the problem, which the letter writers correctly identify as a looming human rights crisis. This second known example of Paxton seeking to extort medical information about children is as clear an indicator as there could be. We can’t do much legislatively right now and the courts are tepid at best, but we can make a case for political action and change in this election year. We’ve got to start somewhere. The Statesman, the Trib, and the Observer have more.

Posted in Legal matters | Tagged , , , , , , , , , , , , , , , , | Comments Off on Paxton harasses another out of state clinic

How should state agencies use artificial intelligence?

We’ve now got a committee for that.

When the Texas Workforce Commission became inundated with jobless claims in March 2020, it turned to artificial intelligence.

Affectionately named for the agency’s former head Larry Temple, who had died a year earlier, “Larry” the chatbot was designed to help Texans sign up for unemployment benefits.

Like a next generation FAQ page, Larry would field user-generated questions about unemployment cases. Using AI language processing, the bot would determine which answer prewritten by human staff would best fit the user’s unique phrasing of the question. The chatbot answered more than 21 million questions before being replaced by Larry 2.0 last March.

Larry is one example of the ways artificial intelligence has been used by state agencies. Adaptation of the technology in state government has grown in recent years. But that acceleration has also sparked fears of unintended consequences like bias, loss of privacy or losing control of the technology. This year, the Legislature committed to taking a more active role in monitoring how the state is using AI.

“This is going to totally revolutionize the way we do government,” said state Rep. Giovanni Capriglione, R-Southlake, who wrote a bill aimed at helping the state make better use of AI technology.

In June, Gov. Greg Abbott signed that bill, House Bill 2060, into law, creating an AI advisory council to study and take inventory of the ways state agencies currently utilize AI and assess whether the state needs a code of ethics for AI. The council’s role in monitoring what the state is doing with AI does not involve writing final policy.

Artificial intelligence describes a class of technology that emulates and builds upon human reasoning through computer systems. The chatbot uses language processing to understand users’ questions and match it to predetermined answers. New tools such as ChatGPT are categorized as generative AI because the technology generates a unique answer based on a user prompt. AI is also capable of analyzing large data sets and using that information to automate tasks previously performed by humans. Automated decision making is at the center of HB 2060.

More than one third of Texas state agencies are already utilizing some form of artificial intelligence, according to a 2022 report from the Texas Department of Information Resources. The workforce commission also has an AI tool for job seekers that provides customized recommendations of job openings. Various agencies are using AI for translating languages into English and call center tools such as speech-to-text. AI is also used to enhance cybersecurity and fraud detection.

[…]

As adoption of AI has grown, so have worries around the ethics and functionality of the technology. The AI advisory council is the first step toward oversight of how the technology is being deployed. The seven-member council will include a member of the state House and the Senate, an executive director and four individuals appointed by the governor with expertise in AI, ethics, law enforcement and constitutional law.

Samantha Shorey is an assistant professor at the University of Texas at Austin who has studied the social implications of artificial intelligence, particularly the kind designed for increased automation. She is concerned that if technology is empowered to make more decisions, it will replicate and exacerbate social inequality: “It might move us towards the end goal more quickly. But is it moving us towards an end goal that we want?”

Proponents of using more AI view automation as a way to make government work more efficiently. Harnessing the latest technology could help speed up case management for social services, provide immediate summaries of lengthy policy analysis or streamline the hiring and training process for new government employees.

However, Shorey is cautious about the possibility of artificial intelligence being brought into decision-making processes such as determining who qualifies for social service benefits, or how long someone should be on parole. Earlier this year, the U.S. Justice Department began investigating allegations that a Pennsylvania county’s AI model intended to help improve child welfare was discriminating against parents with disabilities and resulting in their children being taken away.

AI systems “tend to absorb whatever biases there are in the past data,” said Suresh Venkatasubramanian, director of the Center for Technology Responsibility at Brown University. Artificial intelligence that is trained on data that includes any kind of gender, religious, race or other bias is at risk of learning to discriminate.

In addition to the problem of flawed data reproducing social inequality, there are also privacy concerns around the technology’s dependence on collecting large amounts of data. What the AI could be doing with that data over time is also driving fears that humans will lose some control over the technology.

“As AI gets more and more complicated, it’s very hard to understand how these systems are working, and why they’re making decisions the way they do,” Venkatasubramanian said.

As someone who works in cybersecurity, I can attest that AI is heavily used in our field. (It’s probably more accurate to call it “machine learning”, but I’ll leave the taxonomy to those with more expertise on that matter.) This is because we handle absolutely mind-boggling amounts of data every day (like, multiple terabytes of incoming data to analyze each day) and this is the only way to get a handle on it. Whatever email system you’re using, your inbox has less spam and phishing in it because of AI. There are plenty of good use cases for this.

There are also legitimate concerns about hard-wiring biases into decision-making processes, and of course of replacing human workers with automated systems. I’m in agreement with the masses that some form of regulation needs to be in place for AI going forward, though what that looks like and how it will be enforced are very much up in the air. I’m also persuaded by the argument that a good countervailing force against the overuse of AI is with stronger protections for labor, with the SAG and WGA strikes and resulting settlements showing a good path forward. This new AI advisory council is due to present a report to the Lege by the end of the year, and I look forward to seeing what they come up with.

Posted in The great state of Texas | Tagged , , , , | 2 Comments

Can we have a do-over on that impeachment thing?

What an interesting question.

Sen. Drew Springer

Republican state Sen. Drew Springer called for Lt. Gov Dan Patrick and the Texas Senate to consider reopening impeachment proceedings against Attorney General Ken Paxton.

In a letter to Lt. Gov. Dan Patrick and the state Senate posted Thursday evening on X, Springer said Paxton’s recent decision to stop contesting a whistleblower lawsuit by former agency executives amounted to an admission of guilt to at least one of the articles of impeachment.

“At this stage, and the point of this letter, I am asking the Senate whether there is a legal mechanism to reopen the impeachment proceedings,” Springer wrote. “Failure to at least consider this possibility runs the risk of AG Paxton making a mockery of the Senate.”

Springer voted to acquit Paxton on all 16 articles of impeachment after a two-week trial in September. He said that at the time he believed it was the right thing to do.

But that, Springer wrote, was before Paxton announced last week that his office will no longer fight a whistleblower lawsuit by four former agency executives who say they were improperly fired in 2020 after reporting Paxton to law enforcement over bribery and corruption allegations.

Paxton said he had been vindicated by his acquittal in the impeachment trial but would stop fighting the lawsuit – and accept whatever damages were awarded to the former officials – to prevent further taxpayer resources from being spent on the case.

“He can’t accept the whistleblower’s claims against him while touting that he’s innocent against those very claims,” said Springer, who is not seeking reelection in November.

[…]

Springer said the Legislature “deserves a complete record” if asked to fund a judgment in the case, which Texas law requires if the state is found liable for more than $250,000 in damages.

“That record must include AG Paxton answering questions under oath so that the Legislature may determine whether to fund any judgment in this case,” he said.

Article 15 of the Texas Constitution, which sets the impeachment duties of the House and Senate, does not include a provision to reopen or reconsider impeachment proceedings.

See here for some background, and here for Sen. Springer’s post on Twitter. Gotta hand it to the guy, he recognized when he was being taken for an absolute fool. One can certainly argue that he should have shown this level of skepticism a few months ago, but I’ll still give him credit for taking this action now, as Paxton has indeed loudly contradicted his own claims of innocence; as the letter says, this is “an admission of guilt” and to “violating at least one – and potentially more – of the articles of impeachment”. Reporting at the time of the impeachment trial suggested that several other Senators at least considered voting guilty on at least one of the counts, but as there were never enough to convict on any count most of the Republicans that had considered voting guilty backed out. One wonders how many of them are thinking along the same lines as Sen. Springer now.

Of course, one key fact about Sen. Springer is that like nearly every Republican that has shown a milligram of courage against a certain other crime-loving overlord of theirs, he is fixing to retire. Paxton naturally homed in on that:

A spokesperson for Patrick, who served as judge in the trial, did not immediately respond to a request for comment.

On Thursday evening, Paxton said in a statement to the Tribune, “Springer has to leave the senate because he was such a bad senator, wasn’t going to get re-elected, and needed a job. Why should anyone listen to his sour grapes.”

One also wonders if Dan Patrick is capable of noticing that Paxton played him for an idiot, too. Be that as it may, the answer to the initial question appears to be that no, there is no take-backsies provision for impeachment in the Constitution, though I suppose another batch of legislators could initiate a new impeachment process. Maybe the specter of that will prevent Greg Abbott from calling any further special sessions. At least we may finally get that sworn Paxton testimony/a> that Sen. Springer wants. This has the potential to be quite the little drama. The Dallas Observer has more.

Posted in Scandalized!, That's our Lege | Tagged , , , , , , , , , , , | 1 Comment

More on why we need a split primary

Votebeat fills in some blanks.

Some Texas election officials are running out of time before the March 5 primary to find sufficient polling locations, equipment, and election workers mandated by a new Republican-backed election law, and may not be able to meet its requirements.

The new law requires certain counties currently using vote centers for countywide voting to drastically increase the number of polling locations. Election officials say the new mandate is costly, and presents a series of new challenges for the counties that must comply.

In some counties, election officials are concerned about whether they’ll have enough money to purchase more equipment and pay rental fees for additional locations. In others, it’s unclear whether they’ll find enough election workers to staff more voting sites.

[…]

The new law, Senate Bill 924, took effect in September and prevents counties that use the countywide voting program from combining small voting precincts into larger ones. In other words, election officials in those counties — about 90 across the state, where voters can cast a ballot anywhere in their county on Election Day — were able to centralize voting across lots of precincts that due to redistricting have fewer than 500 voters. Some of those smaller precincts have only 10 voters and there are some with just one voter each. The flexibility of combining them saved counties money by using a single polling site to serve several voters in a high-traffic area or where it’s more convenient for them to cast a ballot.

Whether these counties will have to drastically increase their numbers of polling locations in November will depend on how many they already operate in general elections. Some already offer a large number of locations and would not need to add more to comply.

The bill wasn’t designed to have this effect.

Senate Bill 924, as originally written by a North Texas Republican, state Sen. Drew Springer, gave smaller counties that don’t use countywide voting the option to combine precincts. Lawmakers didn’t change that part. Those counties can now group precincts together, as long as such combinations don’t grow to more than 10,000 registered voters — double what was previously allowed.

But a last-minute amendment on the House floor in May introduced by state Rep. John Bucy, an Austin Democrat, changed how counties using the countywide voting program must calculate the number of voting sites they offer, forcing the minimum number of sites higher. The amended bill passed solely on Republican votes, with Bucy voting against it and without a public hearing.

Bucy told Votebeat in August that the purpose of his amendment was to protect voting access and prevent the loss of more voting locations.

Springer acknowledged the problems the new law had created. To fix the unintended problems, in the middle of last year’s third called special session, Springer filed more legislation, Senate Bill 76. The bill, which specifically strikes the amendment introduced by Bucy, did not get a hearing and died without a vote.

See here for the background. I skipped the recap of Harris County’s issues as that’s covered in my earlier post. The main thing of note there is that the Harris County GOP is going to ask for the law to be updated so we can have separate primaries again. Other counties are running into issues finding enough polling places, which is always a concern. You can read all that as you see fit.

I wanted to know more about why Rep. Bucy introduced that amendment, so I went and read that story from August, which I either didn’t see at the time or didn’t give much thought to.

As originally written, Springer’s bill gives smaller counties that aren’t in the countywide voting program the option to combine precincts. Lawmakers didn’t change that part. Those counties can now group precincts together, as long as such combinations don’t grow to more than 10,000 registered voters — double what was previously allowed.

In the bill’s House Election Committee report, Springer gave an example in Denton County — which does not use countywide voting — where a precinct comprising a pair of retirement communities had grown so large, it forced a split into two different precincts. One of those precincts, however, did not have an adequate facility for a polling location. Springer said those residents “would be better served if two voting precincts could be combined” so that one centralized facility could be used as a polling location.

Then, state Rep. John Bucy, an Austin Democrat, introduced a last-minute amendment on the House floor in May that changes the way counties using the countywide voting program must calculate the number of voting sites they offer, forcing the minimum number of sites higher.

Bucy told Votebeat the purpose of his amendment was to protect voting access and prevent the loss of more voting locations.

“In a state that’s already the hardest to vote, I didn’t want to see access to the ballot box shrink even more,” he said and acknowledged that some counties have a hard time finding adequate polling locations and the workers to run them. But he did not remember receiving any pushback on his amendment during the legislative session, he said.

“We’ll see how it goes,” Bucy said. “And we’ll continue to be open to adjusting [legislation] as we always need to be and as we see unintended consequences of legislation.”

The Legislature passed the bill solely on Republican votes in both chambers, with Bucy voting against the bill in the end. The law does not provide any type of additional funding for counties to pay additional election workers or to pay for expenses associated with finding new locations. If counties do not provide the additional locations or otherwise fail to comply with the new rules, they could be sued by candidates or advocacy groups.

The Bucy amendment itself doesn’t mention that formula, but I presume its existence has an effect on the original law that enabled the countywide voting program. I don’t have the energy to try to suss all that out, but the bottom line effect is what we have seen, that many counties had to increase the number of available polling places, which in turn led to the need for Harris County to do the joint primary. We’re using more locations for this election than we have done in the past, but we have used many more locations for general elections, so finding new places wasn’t our problem. We’ll see what the Lege does in 2025. I get what Rep. Bucy had in mind, I hope we don’t go too far in remediating it.

Posted in Election 2024, That's our Lege | Tagged , , , , , , , , , , , , , , , , , , , , | Comments Off on More on why we need a split primary

Three new Hall of Famers

Congratulations all around.

The Baseball Writers’ Association of America Hall of Fame ballot boom was back in a big way with the announcement of a three-person Class of 2024 on Tuesday night.

Masterful third baseman Adrián Beltré and decorated Twins catcher Joe Mauer both achieved entry into the National Baseball Hall of Fame on their first BBWAA ballot, while power-hitting Rockies first baseman Todd Helton was elected on his sixth try, in results revealed on MLB Network.

The BBWAA-elected trio will join Contemporary Baseball Era Committee electee Jim Leyland in an induction ceremony to be held on July 21 at the Clark Sports Center in Cooperstown, N.Y.

“It’s something I never even dreamed of,” said Beltré, who joked about letting the Hall’s call go to voicemail when he was given the news. “I can’t even believe I’m going to be on the same podium with those guys.”

Players must have their names checked by at least 75% of ballots submitted. Beltré had 95.1% support, Helton reached 79.7%, and Mauer, at 76.1%, made it by just four votes. Closer Billy Wagner (73.8%) fell just five votes shy of entry and will have his last chance in 2025.

Slugger Gary Sheffield (63.9%) was not able to get the requisite support in his 10th and final try. But two other players — center fielders Andruw Jones (61.6% on his seventh ballot) and Carlos Beltrán (57.1% on his second ballot) — finished above 50%, continuing to build support that could get them in on future ballots.

The election of Beltré, a member of the 400-homer club and one of the best defensive third basemen of all time, was seen as a foregone conclusion. But with several holdovers trending upward and Mauer also reaching eligibility and faring well in public ballot tracking, there was an influx of intrigue to a writers’ voting process that had netted a grand total of two new Cooperstown entrants in the previous three years (David Ortiz in 2022 and Scott Rolen in 2023).

“Very emotional,” Mauer said of his election. “Obviously leading up to today, you reflect on all the people who have an impact on your career and who you are as a man. A lot of emotions. It’s been a whirlwind, that’s for sure.”

Helton had to wait a while longer, having first appeared on the 2019 ballot. He pumped his fist when the awaited call finally came through.

“I was pretty nervous,” Helton said. “I really didn’t think the phone was going to ring. When it rang, I was still in shock.”

See here for more on Jim Leyland. I’m happy for the three honorees, sad that Gary Sheffield didn’t make it, and expect Billy Wagner to get there next year. And I’m ready for pitchers and catchers to report. Here’s the Hall of Fame’s own report, and Fangraphs has more.

Posted in Baseball | Tagged , , , , , , , | 1 Comment

Interview with Rep. Lizzie Fletcher

Rep. Lizzie Fletcher

We’ve made it to the end of this weird week, which includes running this interview on Friday instead of Wednesday as I had originally planned. These things happen, and so we adjust. I still do have two days of interviews in CD07, which was the goal. Today we have the incumbent, Rep. Lizzie Fletcher. A Houston native and attorney, she was elected in the wave of 2018 and has been re-elected twice since then. She serves on the House Committee on Energy & Commerce, and chairs the Trade Task Force and sits on the Health Care Task Force as a member of the New Democrat Coalition. I’ve interviewed her a couple of times, most recently in 2020 when she first ran for re-election. That interview can be found here, and this interview is right here:

PREVIOUSLY:

Karthik Soora, SD15
Michelle Bonton, SD15
Molly Cook, SD15
Rep. Jarvis Johnson, SD15
Todd Litton, SD15
Beto Cardenas, SD15
Annette Ramirez, Tax Assessor
Danielle Bess, Tax Assessor
Jerry Davis, Tax Assessor
Desiree Broadnax, Tax Assessor
Claude Cummings, Tax Assessor
Amanda Edwards, CD18
Pervez Agwan, CD07

Thus endeth weird week. I will run interviews with the candidates for County Attorney and District Attorney next week, which looks to be more normal, and then after that I get into legislative races. You can keep track of all my interviews and judicial Q&As on the ever indispensable Erik Manning spreadsheet.

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