On HISD’s budget issues

Posted on January 24, 2024 by Charles Kuffner

They’re Mike Miles’ problem now. It would be nice if he shared with us how he intends to deal with them.

Last fall, when Houston ISD’s new superintendent, Mike Miles, first laid out his expensive plans for Texas’ largest district, several key dominoes still had to fall regarding HISD’s financial future.

Would the number of students enrolled in the district change? Would HISD receive new funds from the state legislature? What would Miles’ overhaul plans look like past Year One?

Now, as HISD begins its process of budgeting for next year, some tiles have landed — and they haven’t gone HISD’s way.

A combination of lost funds, missed opportunities and new programs means HISD will have to find or cut hundreds of millions of dollars to balance next year’s budget if Miles wants to stick to his blueprint for overhauling the district, a Houston Landing analysis shows.

The size of HISD’s budget hole — which totals $250 million this year — raises questions about how Miles will ensure the financial sustainability of Texas’ largest district without cutting some of its roughly 24,500 employees. About three-quarters of HISD’s yearly spending, expected to reach $2.2 billion this year, pays for staff salaries. The other quarter goes to supplies, contracted services, building maintenance and other costs.

Miles has pledged to balance HISD’s budget, acknowledging cuts may be necessary. However, the state-appointed superintendent has declined to discuss which jobs or programs might be impacted. He has vowed student learning and classroom instruction would not be hurt by cost-saving measures.

“In order to expand in some of the areas and prioritize, that means some other areas are deprioritized,” Miles said in mid-December.

But achieving significant cost savings would likely require making significant staffing cuts, not just trimming other parts of the budget, said Bradley Davis, associate professor of educational leadership at the University of Houston.

“If you’re making fractional cuts there to what’s already a fractional portion of the overall budget, that doesn’t strike me as sufficient … to address these larger shortfalls,” Davis said.

The specifics of HISD’s spending plans will likely come into focus in May, when Miles has said his team will present a draft budget to the district’s board of trustees. However, many of the factors contributing to potential financial challenges have already solidified.

[…]

As HISD faces financial headwinds and simultaneously lays out plans for expensive programming, onlookers are questioning the long-term viability of the district’s direction.

University of Texas at Austin education professor David DeMatthews, who has criticized Miles’ leadership, said he worries the new programs will only be able to last a couple years before funding dries up.

“(If) a year later, two years later, you can’t sustain any of these changes, the investment is not going to be really wise,” DeMatthews said. “I think that needs to be a really big concern right now for everyone in the district.”

The story lays out seven areas of concern for HISD in its budget. Some of that Mike Miles inherited, some of it can be laid squarely at Greg Abbott’s feet for holding any public school appropriation increases hostage to his bizarre voucher mania, and some of it is Miles’ NES and other plans. As I’ve said before, I’m very much in favor of boosting teacher and staffer pay, and I’m very much in favor of boosting resources to the schools, but we do need to pay for it, the state is not helping at all, and Mike Miles has been considerably less than forthcoming about how he intends to pay for the things he wants to do. Let’s start with that last bit, and go from there. At least we have some control over that.

Posted in School days | Tagged , , , , , , , , , , , , | 2 Comments

Judicial Q&A: TaKasha Francis

Posted on January 23, 2024 by Charles Kuffner

(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.

TaKasha Francis

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

I am TaKasha Francis, running for judge of the 152nd Civil District Court in Harris County. A Houston native, I graduated from Michael E. DeBakey High School for Health Professions in 1994, Texas Southern University in 1999, and Thurgood Marshall School of Law in 2003. Beginning my legal career in the public sector, I served as an Assistant Attorney General in the Child Support Division at the Office of the Attorney General of Texas from 2004 to 2011. Later, I founded The Francis Firm P.C., specializing in Family Law and Civil litigation.

In 2016, I shifted from private practice to public service as a mayoral appointee by Mayor Sylvester Turner. Confirmed unanimously by the Houston City Council, I became the Director of the City of Houston Department of Neighborhoods. In this role, I have played a key role in shaping strategic visions to improve the quality of life for over 2.6 million residents in Harris, Fort Bend, and Montgomery counties. Managing five divisions, I have delivered valuable services, initiated innovative community programs, and fostered strong partnerships within the community.

2. What kind of cases does this court hear?

The 152nd Civil District Court hears civil disputes, determining damages and establishing litigants' rights. Cases within its jurisdiction encompass a range of matters, such as contract disputes, lease conflicts, product liability claims, medical or professional negligence, car accidents, slip and fall injuries, job terminations due to illegal discrimination, property foreclosures, and violations of statutes leading to financial losses. This court does not hear criminal cases or other types of civil law matters in family, probate, or juvenile law.

3. Why are you running for this particular bench?

I am seeking this bench because it is another way to meaningfully serve communities and a natural extension of my role as a public servant. Judges, as public servants, play a vital role in our communities by making decisions that affect people's lives, resolving disputes, and upholding the law. My goal is to continue bridging the gap between the legal system and the public, fostering a better understanding of the law and the judicial process within the community.

My candidacy is driven by a deep commitment to justice, fairness, and the rule of law. My diverse professional background as an attorney and public servant uniquely qualifies me for this role. It provides me with a profound understanding of everyday people and their experiences. I bring a fresh perspective and innovative ideas to the bench, offering a different approach to addressing legal issues and improving efficiency for lawyers, litigants, and jurors.

4. What are your qualifications for this job?

In addition to meeting the statutory requirements for judges outlined in the Texas Government Code, I bring nearly two decades of extensive and diverse legal experience as a trial lawyer. My ethical standards are high, emphasizing fairness and an even temperament. With the ability to thoroughly analyze, interpret, and apply the law, I make well-reasoned decisions based on both legal principles and the facts presented in each case.

Recognized by my peers with awards such as the Mission Ally Award by the Houston Lawyers Association, and distinctions like being named one of the Top 40 Attorneys Under 40 by the National Black Lawyers Organization and Top 50 Black Attorneys in Houston by the D-Mars Business Journal, I have also been honored as one of Houston’s 40 Attorneys Under 40 to Watch by i10 media magazine. Serving on the Alumni board of Thurgood Marshall School of Law adds to my commitment to legal excellence.

My expertise extends to strong conflict resolution skills, demonstrated by successfully mediating cases in private practice, and currently mediating employee and neighborhood grievances as a city director. Beyond experience, I bring a fresh perspective and an innovative approach to the bench. This includes active participation in the community as an essential part of my judicial duties.

My demonstrated commitment to public service and community involvement gives me a unique understanding and appreciation of diverse perspectives and backgrounds. As the director of neighborhoods, I connected the legal community directly with neighborhoods by creating initiatives like the "Month of Service" program, offering free online legal workshops to enhance residents' quality of life.

Having facilitated the first-ever Memorandum of Understanding between the Harris County Dispute Resolution Center and the Department of Neighborhoods, I enabled dispute resolution services for Houston Super neighborhoods and civic clubs. The establishment of Complete Communities University, the city's first civic engagement leadership program, exemplifies my dedication to creating programming aimed at educating emerging leaders on local government and effective advocacy.

My commitment reflects the belief that judges are not detached legal authorities but integral members of the communities they serve, and I intend to continue this work if elected.

5. Why is this race important?

This judicial race is important because civil judges oversee the everyday decisions that impact ordinary people in their daily lives. It is crucial for individuals to have confidence that the judge overseeing their case sees them and recognizes and understands their concerns. They should trust that the judge will treat them and their issues fairly, ensuring equity and justice for all, regardless of their background. This aligns with the shared values that everyone, regardless of political affiliation, desires in judges: impartiality, integrity, fairness, legal knowledge, professionalism, courtesy, efficiency, and a commitment to serving the community.

6. Why should people vote for you in March?

Voters should choose me because I am the only candidate in this race with a diverse professional background as an attorney and public servant. This distinctive qualification uniquely positions me to comprehend the everyday experiences of people and make well-reasoned decisions grounded in both legal principles and presented facts in each case.

Beyond acknowledging the importance of experience, I bring a fresh perspective and an innovative approach to the bench, specifically through active community involvement as an integral part of my judicial duties. Serving as the current Director of Neighborhoods, I am a recognizable presence in the community, and my commitment will be ongoing beyond election season. Valuing diversity of thought, my commitment to upholding ethical standards and building public trust aligns with the principles of justice and the community's needs. I am dedicated to treating everyone fairly and with dignity, regardless of who they are. My legal expertise, temperament, and ability to adapt to an evolving legal environment guarantee efficient service while maintaining a strong emphasis on fairness, impartiality, and transparency.

I am committed to improving judicial efficiency by moving away from outdated processes and programming and maintaining engagement in community initiatives and education. This aims to enhance public understanding of the legal system, court procedures, and civic responsibility.

Voting for me guarantees the fresh perspective and innovative judicial experience that Harris County deserves, and I am eager to contribute to creating a better judicial process and experience for lawyers, litigants, and jurors alike.

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HISD Board declines the use of chaplains

Posted on January 23, 2024 by Charles Kuffner

Good call.

Houston ISD’s Board of Managers voted unanimously Thursday to approve a resolution preventing chaplains from serving as hired or volunteer school counselors in the district.

Gov. Greg Abbott signed Senate Bill 763 in June, which requires each school board to vote before March 1 on whether to authorize their campuses to hire chaplains to provide mental health support or allow them to serve as volunteers. Under the law, the chaplains do not have to be certified by the State Board for Educator Certification as counselors.

The Board of Managers voted during its monthly meeting to not allow chaplains to be hired for those roles unless they are otherwise qualified. The board members did not discuss their reasoning for voting in favor of the resolution, except to approve minor wording changes to the measure.

“The HISD School Board hereby does not permit hiring chaplains to serve in the capacity of counselors or mental health or behavioral health professionals, except that they, like all applicants, remain eligible for hire if they meet all qualifications for the desired positions and are deemed the best candidates,” the resolution says.

The law allows chaplains to provide behavioral health services, programs related to suicide prevention, intervention and mental health support in schools. The chaplains are also authorized to develop and implement programs focused on restorative justice practices and culturally relevant instruction for students.

State lawmakers passed the bill in 2023 to address a shortage of counselors on school campuses, although community members in certain districts and some chaplains have criticized the bill for bringing religion into schools and not requiring chaplains to be certified or trained.

See here for a bit of background. Please note that 1) people who are chaplains and are also qualified by the state to serve as counselors can still do so at HISD; 2) quite a few actual chaplains think this bill was a bad idea; and 3) the Lege, with a $33 billion budget surplus, chose to take this action instead of allocating more money to schools and school districts for the purpose of attracting and hiring more qualified candidates for the jobs. The HISD Board of Managers quite rightly decided that the status quo was better than employing this half-assed solution. Good for them. Houston Landing and Houston Public Media have more.

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On the weather and the climate

Posted on January 23, 2024 by Charles Kuffner

Good news:

The dormant wildfire season — which has produced nearly all of the 30 largest wildfires in Texas — is here, but data from the Texas A&M Forest Service suggest this may be a mild year thanks to El Niño.

After a summer of intense heat, drought conditions have reduced, said Lucas Kanclerz, a fire analyst with the Texas A&M Forest Service’s Predictive Services Department.

“We’ve seen a reduction in the drought that we were building into over the summer from the recent precipitation that occurred in mid- and late December,” he said. “There may be some drought that persists just because of the lingering spring rainfall deficits from the summer. But for parts of east Texas they’re actually showing drought improvement or even drought removal.”

[…]

The National Oceanic and Atmospheric Administration announced the El Niño climate pattern returned in June last year.

Kanclerz said this typically means wetter conditions for Texas.

“With the El Niño conditions that are forecast, that typically means that Texas is more in a moist and cool environment through the winter and early spring months,” he said.

Between volunteer and municipal fire departments and the Texas A&M Forest Service, there were 6,998 wildfires reported last year, Kanclerz said.

After a wet pattern in spring, Kanclerz said conditions quickly pivoted to hot and dry weather, or flash drought, by July.

“We went from having no fires to seeing a really rapid increase in wildfire activity by mid-July,” he said. The season peaked in August with more than 500 fires statewide.

Yeah, last year was really bad for wildfires. As I’ve said before, any time you’re comparing a year to 2011, it’s not good. Hopefully that won’t be an issue this year.

Bad news:

Last year was the hottest ever recorded in Texas based on average temperature, according to new data from the National Oceanic and Atmospheric Administration, a record that follows a global trend as climate change advances.

The average temperature in Texas measured 68.1 degrees last year, said John Nielsen-Gammon, the state climatologist. That’s 0.3 degrees higher than the previous record set in 2012.

The heat came early — on June 20 Del Rio hit 113 degrees while San Angelo hit 114 — and much of the state remained well into triple digits throughout the summer. The June 24 high of 119 degrees in Big Bend National Park was one degree below the state’s all-time daily record.

It’s a continuation of a broader warming trend, Nielsen-Gammon said. Every year since 2000 in Texas has been warmer than the 20th century average. Last year was a whopping 3.5 degrees hotter than the 20th century average in the state.

“That consistent warmth is because of climate change,” Nielsen-Gammon said.

[…]

Andrew Dessler, a professor of atmospheric sciences at Texas A&M University, said temperatures fluctuate from region to region over time in part because of randomness in the weather, but baseline temperatures continue to rise.

He said by the time his 18-year-old twins are middle aged, he expects that 2023 could feel like an average summer to them. And when they are old, they might remember 2023 as a relatively cool summer.

“You can think of (2023) as kind of a preview of the future and it’s not pretty,” Dessler said.

Yep, that’s bad. We may get a temporary break from some of the badness this year, but if it happens it’s a break and not a trend. The big picture is bad and we really need to do more about it.

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Interview with Amanda Edwards

Posted on January 22, 2024 by Charles Kuffner

Amanda Edwards

This is going to be a slightly weird week, as I have had some recent scheduling challenges. Happens every cycle, not a big deal, but in the short term it can scramble things a bit for me. My original plan was to have CD07 and CD18 interviews run last week, but that’s the way it goes. Be that as it may, I’m happy to bring you this interview with Amanda Edwards, who has been running for CD18 since dropping out of the Mayor’s race last year. Edwards is a Houston native and attorney who served as an At Large City Council member from 2015 to 2019, which included a stint on the H-GAC Transportation Policy Council. She has also worked in the office of Rep. Sheila Jackson Lee, against whom she’s now running. I interviewed her in 2015 when she ran for Council. You can listen to that here and you can listen to this interview 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

As noted, this week is a little weird. If all goes well, I will be doing the interviews for CD07 today and tomorrow. Because I prefer to do all the interviews in a race before beginning to publish them (where possible), I’ll skip tomorrow and run those two on Wednesday and Thursday. As of late last week when I drafted this, I’m still in the process of scheduling an appointment with Rep. Jackson Lee and will run her interview at the first opportunity after that is done. I still plan to run interviews with the candidates for County Attorney and District Attorney next week. You can keep track of all my interviews and judicial Q&As on the ever indispensable Erik Manning spreadsheet.

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Judicial Q&A: Judge Kyle Carter

Posted on January 22, 2024 by Charles Kuffner

(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 Kyle Carter

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

My name is Kyle Carter and for the past 15 years I have served as judge of the 125th District Court.

2. What kind of cases does this court hear?

The 125h District Court hears civil cases. We typically hear cases involving personal injury, breach of contract, home owners association disputes, property disputes, fraud, business and property tax cases, trade secret and unfair competition matters and many others.

District courts are courts of general jurisdiction. Article V, Section 8 of the Texas Constitution extends a district court’s potential jurisdiction relative by excluding any matters in which exclusive, appellate, or original jurisdiction is conferred by law upon some other court. The district courts also have jurisdiction in civil matters with a minimum monetary limit but no maximum limit. In those counties having statutory county courts, the district courts generally have exclusion jurisdiction in civil cases where the amount in controversy is $100,000 or more, and concurrent jurisdiction with the statutory county courts in cases where the amount in controversy exceeds $500 but is less than $100,000. In addition, district courts have the power to issue writs of habeas corpus, mandamus, injunction, certiorari, sequestration, attachment, garnishment, and all writs necessary to enforce their jurisdiction. Appeals from judgements of the district courts are to the courts of appeals.

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

I have managed this court through major disasters in Hurricane Harvey and with the Covid 19 pandemic. I drafted the Harris County Covid 19 Jury Trial Protocol and worked with other judges to reinvent the jury trial process utilizing social distancing and video conferencing technology. We have had to move facilities, combine courtrooms, work remotely, adopt new procedures and keep the wheels of justice moving for the citizens of this state. We have done a great job in Harris County and have led the country in productivity during the Covid pandemic. It has been an extremely challenging time to be a judge. I am proud to say that due to the talented team in the 125th District Court we have been up to the task and have led all district courts by being among the highest courts for monthly clearance rates. Additionally, due to the management procedures pioneered in the 125th District Court we among the lowest inventory courts as well. Through hard work innovation and cooperation we have been able to achieve great things given the most challenging of circumstances.

I have also been able to directly impact our community by stopping illegal toxic dumping which occurred in a waterway adjacent to a local high school. I was able to perform the first LGBTQIA+ wedding in Harris County after the SCOTUS decision in Obergefell v. Hodges. But my greatest accomplishment has been to treat those who comes before me fairly with equality, dignity and respect, ensuring that everyone has an opportunity to be heard.

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

I would continue to improve on the quality of service that litigants receive in the 125th District Court. I will continue to advocate for additional resources from local and state government. We have an increase in new filings due to population growth and a reduction in court staff over the same period. We need to work with Harris County Commissioners Court to obtain additional funding and resources to keep up with the increase in court filings. Things like Harvey and Covid did not help but based on our hard work and procedures we are among the most efficient and lowest inventory District Courts in Harris County. Additionally, we need to work with the Texas Legislature to create additional Civil District Courts.

5. Why is this race important?

This race is extremely important. The voters have an opportunity to keep a fair, hardworking, and dedicated judge on the bench. I have over 15 years experience as judge and continue to improve on the services that we provide every day. I am also committed to serving in the community outside of the courthouse. I have been working to make sure that the public has confidence in our court system and knows that judges are there to help people and want to make a positive difference in people’s lives.

6. Why should people vote for you in March?

I have the experience and qualifications to continue serving you as judge of the 125th District Court. I am the only candidate that is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization. I am also a member of the Texas Bar College. I have won awards for my work both on the bench and in the community. I have won the South Texas College of Law Public Service Award as well as the Outstanding Judicial Leadership Award from the Texas Association of District Judges. I have been recognized by my fellow judges from across Texas having been twice unanimously elected to serve as President of the Texas Association of District Judges. Prior to serving on the bench, I was an associate at the Carter Law Firm. Additionally, I served as general counsel to the State of Texas Legislative Committee on General Investigations and Ethics as well as the Legislative Committee on Urban Affairs.

I love my job. I get up every day excited to go to work and make a positive difference in the lives of others. My judicial philosophy is embodied in Proverbs 30:9 “Speak up and judge fairly, defend the rights of the poor and the needy.” I have a passion for the law, justice and service to my community. I humbly ask for your support and your vote to re-elect Judge Kyle Carter to the 125th District Court on 2024.

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On hiring more cops

Posted on January 22, 2024 by Charles Kuffner

Not as easy to do as you might think.

Halfway through his inaugural speech, Houston Mayor John Whitmire said the city made it far too hard for people to join the Houston Police Department.

As an example, Whitmire pointed out that new cadets have to buy their own service weapons, which can cost $1,000. He said he would convince private donors to pick up the tab.

Whitmire’s pledge echoed a key campaign platform plank: To reverse a years-long slide in the size of the city’s police force.

While paying for guns may eliminate one barrier, more obstacles stand in the way, ranging from low cadet pay to waning interest in policing as a profession. Big cities nationwide have for years struggled to attract and retain cops despite aggressive recruiting tactics, such as $30,000 hiring incentives.

Whitmire, a former chair of the Texas Senate Criminal Justice Committee, has yet to release a detailed plan for boosting the size of the Houston Police Department. Experts said he may find his promise to improve on his predecessor Sylvester Turner’s record easier said than done.

“It’s difficult everywhere,” said Jeff Asher, a nationally cited crime data analyst who once worked for the New Orleans Police Department. “It’s hard to hire police officers nationwide, no matter how committed to it you are.”

[…]

Whitmire has promised to mount a hands-on approach to police recruiting that will include listening to cops’ concerns and raising their pay.

At a Thursday press conference, he said he would be visiting academy classes next week to discuss what obstacles cadets had to overcome to join the department.

He also promised to boost officer pay. When asked how, he said the city was in the process of auditing every department to find waste.

Even with a roughly $400 million fund balance left over from Turner, Whitmire could face annual budget gaps of up to $268 million, at the same time that federal pandemic relief funds run out.

“Let me just tell you, we’re going to do whatever it takes,” Whitmire said Thursday. “After we cut out duplication and waste and conflicts of interest, if we don’t have enough to keep people safe, we will go back to the public to tell them we need additional resources.”

The city is under a voter-imposed revenue cap that limits how much tax money it can take in without asking the public to approve more. Whitmire said he might explore creating a public safety district, which would establish a separate taxing authority to generate dedicated revenue for police.

[…]

In Houston, advocates have called on the city to expand alternatives to policing, such as the crisis call diversion program.

Critics also note that crime already is trending down in Houston and many other big cities. Homicides were on pace to drop 20 percent in Houston last year compared to 2022, steeper than a national decline of 10 percent, the Houston Chronicle reported.

Dustin Rynders, legal director at the Texas Civil Rights Project, said he would rather see city officials take a hard look at how officers are spending their time, pointing to a recent study by his organization that examined the amount of non-safety traffic stops that Houston police performed in 2022.

“I support the goal of public safety, but we do that by being targeted in what kind of policing we do, and by funding services that get to the underlying causes of crime,” Rynders said. “I haven’t heard any specifics on what the plan is for the new officers, or where their money is going to come from, or where it’s going to be taken from.”

There’s a lot here, so let me bullet-point a few things. Please note that I drafted this before the announcement about maybe merging Metro’s police force with HPD, which is an interesting and clever idea but doesn’t greatly affect any of the points I made below.

– Cities are facing an even more competitive market for hiring cops because now they are also competing with school districts and charter schools thanks to a legislative mandate. On the plus side, this mandate is largely unfunded, so the competition isn’t as fierce as it could be. The point is, law enforcement officers and those who want to be law enforcement officers have a lot more options now.

– Just for that alone, there’s a strong argument for various crisis call diversion programs, like Harris County’s HART or the aforementioned HPD program. These programs should be much more easily scalable, they take cops away from situations where they’re not the best solution and which the cops themselves would rather avoid, they cost less, and there’s already a lot of evidence of their effectiveness. Really, this should be a high priority, and it fulfills the goal of having more cops deployed to fight crime even if it’s not just hiring more uniformed officers.

– The push to hire more cops and the pressure to find them wherever you can is a reminder that there are a lot of bad cops out there in this state with 2800 law enforcement agencies, and they tend to have no trouble getting hired somewhere else after being run out of a previous agency or town. Don’t lower standards or abandon strong background checks, is what I’m saying.

– The whole “scrubbing the budget” baloney evokes the most massive eyerolls, but I suppose Mayor Whitmire believes he has to go through the motions to convince the public that creating new revenue streams, in whatever form, is the only way. I’m not sure I actually buy that’s what he’s doing, but I’ll give the benefit of the doubt. If the end result is a modification or removal of the revenue cap, most if not all will be forgiven. Along those lines, I don’t know what a “public safety district” is or how it would work, but again if it’s a new revenue source then I at least like where he’s going.

– Ultimately, I endorse what Dustin Rynders is saying. Focus on solving the crimes, which means make sure that the cops are being deployed in a sensible and effective manner. And do pursue those inter-agency cooperation ideas. At least those cops are locally accountable and don’t require misplaced trust.

Posted in Crime and Punishment, Local politics | Tagged , , , , , , , , , , , , , | 1 Comment

Weekend link dump for January 21

Posted on January 21, 2024 by Charles Kuffner

“Cities are machines built not for their own sake, but for the purpose of human life. Yet when we treat buildings as works of art, and the cities that contain them as museums, we preserve their forms but kill the force that made them alive. If the physical structures of places are not allowed to evolve so that they remain livable for modern, everyday people, the type of people who use them evolves—and eventually it’s mostly the super-wealthy or the tourists who are left.”

“The resilience of these phones can partly be attributed to the fact that smartphone screens have steadily improved over the years, says Collin Wilkinson, the director of the Center for Glass Innovation at Alfred University. Yet, phones do still break falling from clumsy hands and kitchen tables. How can a phone survive a 16,000-feet skydive but not a short tumble to the floor? What factors determine whether it will crack?”

“Mystery of why “the greatest primate to ever inhabit the Earth” went extinct is finally solved, scientists say”.

“The situation comes into clearer focus now. It’s not that evangelicals don’t care about climate change and atheists care a lot. It’s much simpler than that – Democrats believe climate change is a serious issue and Republicans don’t.”

“All of this is why I’m not terribly interested in abstract theological, sociological, or psychological discussions of whether or not most people are decent, or of whether or not all people are mostly decent. That’s ultimately as irrelevant as the physicist’s spherical cow in the old joke.** Humans do not live in a frictionless vacuum. They live in a context and all of us, to some extent, can play a role in shaping that context.”

“The same way Donald Trump’s candidacy is a test for the norms and practices of American political journalists, legalized sports gambling is a test for the norms and practices of sports journalists.”

Meet Kirk Alyn, the man who may have invented the “actors signing autographs at comic book conventions” industry.

“We now have a Republican Party where power, divorced of any cogent, animating policy aims, is king. Spectacle, muscle flexing, reflexive opposition and, most importantly, owning the libs, is the currency of the realm. That dynamic not only allows for no compromise, but makes compromise with Democrats a capital crime — even when that posture consistently leads to outcomes farther from this hard-right group’s stated goals, since they completely remove themselves from the negotiating table.”

“For centuries, China boasted the largest population of any country, giving it significant global heft. That is changing as China’s population shrinks and ages at a faster rate than almost any other country. In 2022, China’s population dropped for the first time in decades, and in 2023 India surpassed China to become the world’s most populous nation. China’s changing demographics pose major, prolonged challenges for the country and its leaders. China has for decades reaped the economic dividends that came with having a young workforce to fuel China’s emergence as a global industrial powerhouse. Now, the number of Chinese retirees will soon skyrocket, reducing the size of China’s workforce and putting pressure on China’s social safety net and healthcare system.”

What a loser.

“Now I’m able to see clearly what was done to me. I understand the neurobiology of trauma. Trauma fractures our mind and our memory. The way a mirror fractures.” (Trigger warning for rape.)

“Moreover, 2024 is expected to set another new record for volume of EVs sold and their share of the total market.”

“What’s really behind this, of course, is not any real concern with federal agencies per se, or with Congress writing clearer laws. It’s the long evolution of the conservative movement against expertise of all stripes.”

“Charles Jackson French called the words out to a raft of 15 injured sailors as he tied a rope around his waist and began to swim. He did so for nearly eight hours, swimming his way through shark-infested waters and into U.S. Navy history. On January 10, Secretary of the Navy Carlos Del Toro announced that the sea service will name a new Arleigh Burke-class destroyer after French in honor of his heroic actions that day during the September 1942 naval battle near Guadalcanal.”

RIP-to-be, Drizly, booze deliver service acquired by Uber, which will be shut down in March.

RIP, Norm Snead, four-time Pro Bowl quarterback for teams including the Eagles and the Giants.

RIP, Joyce Randolph, actor best known as Trixie Norton on The Honeymooners. She was the last surviving regular cast member from that show.

“Another GOP Vote ‘Irregularity’ Freak Out Goes Bust“. This one was in Virginia.

RIP, Peter Schickele, Grammy-winning composer, musician, satirist, and greatest authority on P.D.Q. Bach, the “last and least” of Johann Sebastian Bach’s children. Basically, he was Weird Al Yankovic for classical music, and you should read his obituary whether you’d ever heard of him or not.

RIP, Dejan Milojević, assistant coach for the Golden State Warriors and a well-liked fixture in Serbian basketball.

RIP, Pitchfork Magazine, now being folded into GQ.

Please leave Richard Simmons alone. Thank you.

A nice long read about the current state of disarray and dysfunction at the NRA.

Posted in Blog stuff | Tagged | 2 Comments

Lawsuit seeking January 6 emails from Abbott and Paxton can proceed

Posted on January 21, 2024 by Charles Kuffner

There’s a lot of lawsuits out there against the state and/or the likes of Greg Abbott and Ken Paxton. I do my best to be aware of them and keep track of them, but inevitably some things get lost in the whirlwind. This was one of them.

A crook any way you look

A lawsuit to force two Texas leaders to release years of their emails, including about the Jan. 6 attack on the U.S. Capitol, can move forward thanks to a Wednesday appeals court decision.

The Third Court of Appeals in Austin ruled that Attorney General Ken Paxton and Gov. Greg Abbott did not make the case for the lawsuit against them to be thrown out.

The decision was a major win for American Oversight, the Washington-DC based nonprofit that sued for access to the records after being rebuffed by the state. The group’s executive director called the decision “a tremendous victory for transparency.”

“American Oversight is seeking records related to matters of significant public interest and the appeals court was correct to reject this effort to evade accountability. We hope that Gov. Abbott and Attorney General Paxton will stop their delay and finally release these records to the public,” Heather Sawyer said in a statement.

[…]

American Oversight filed the lawsuit in June 2022 after unsuccessfully requesting communications from the two Texas leaders. The group wanted access to years of Abbott and Paxton’s communications, including both men’s emails with NRA officials and Paxton’s emails in the days around Jan. 6, 2021.

Paxton attended and spoke at the pro-Donald Trump rally before the attack on the U.S. Capitol that year. The attorney general has declined to say who paid for his trip to DC, and has refused to release his communications from before, during and after the event.

Abbott and Paxton said their offices did not have any communications with NRA officials. They refused to release the other records, citing rules protecting confidential communications with attorneys and discussions about pending lawsuits.

In their response to the lawsuit, they argued that only the Texas Supreme Court could compel the attorney general to act in this instance. They also said no court could force the governor’s hand in this case.

A lower court said these arguments did not hold water.

On Wednesday, the appeals court justices agreed, and also rejected Abbott and Paxton’s arguments that the lawsuit should be tossed because they released some very limited records in response to American Oversight’s requests.

A copy of the opinion is here. I’ve looked through my archives and I don’t see any previous mention of this lawsuit, though I do have posts about news organizations and the January 6 committee trying to get comms from him (unsuccessfully so far, I presume) and an accusation that he was violating state open records laws, which ultimately went nowhere. I can’t say I’m optimistic about this one, given everything that’s happened so far, but it ain’t over till it’s over. I’ll try to keep up from this point on.

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Paxton ordered to sit for deposition anyway

Posted on January 21, 2024 by Charles Kuffner

Bwa ha ha!

A crook any way you look

A Travis County judge issued an order Friday for Texas Attorney General Ken Paxton to sit for a deposition on Feb. 1 in the lawsuit brought by four of his former employees. However, some of those plaintiffs and their attorneys expect Paxton to appeal.

Judge Jan Soifer said Paxton will have to appear for and answer questions in an oral deposition at an Austin law firm on that day starting at 9 a.m. She said she reached this decision because his office failed to negotiate with the plaintiffs’ attorneys over times to schedule the deposition.

The order also set dates for three of Paxton’s top employees: Feb. 2 for First Assistant Attorney General Brent Webster; Feb. 7 for Chief of Staff Lesley French Henneke; and Feb. 9 for senior advisor Michelle Smith.

[…]

In their [previous] filing, Paxton’s attorneys emphasized his belief that he did nothing wrong, noting the Texas Senate acquitted him at his impeachment trial last year. They also argue what the former employees claims’ include are not protected by the state’s whistleblower protection law.

However, in the same document, they said Paxton’s office “hereby elects not to contest any issue of fact in this case” and “elects not to dispute the Plaintiffs’ lawsuit.”

That latter argument especially shocked Blake Brickman, a former deputy attorney general who’s now suing Paxton. He said he saw what Paxton wrote in the filing as “total vindication.”

“This is a total 180 that Ken Paxton has done. He is now saying he is not contesting our facts. The impeachment trial was based on our allegations, and now he’s saying what we said is true,” Brickman said. “The people of Texas really need to think about that. Conservative, rule-of-law Republicans really need to think about how disingenuous this attorney general is for him to say, actually, all these things are true now, right before he’s about to get deposed, after he went through the impeachment. It’s shocking. It really is.”

Brickman said he does anticipate Paxton to appeal the judge’s order. However, that last resulted in the Texas Supreme Court rejecting his request to avoid testifying under oath in the lawsuit.

If Paxton does eventually go under oath, though, he could invoke his Fifth Amendment right and not answer any questions. Mike Golden, a professor at the University of Texas at Austin School of Law, said that could end up harming a defendant in a civil case like this.

“Here in a civil case, any witness, including the defendant or an employee defendant, can plead the Fifth Amendment and refuse to answer any particular question. That’s protected by the Constitution, and they can’t be compelled to answer those questions,” Golden said. “But the flip side is, in the civil case, their refusal to answer that question gets used against them in court. The plaintiffs can argue to the jury: he didn’t answer this question because he knew the answer will be bad for him, and he didn’t answer 77 questions because he knew the answers were going to be bad for him. That’s the huge difference between how a criminal case works and a civil case [works].”

See here and here for the previous updates. I agree with Brickman that Paxton will appeal – I’ve already stated my belief that he will do anything to delay this from happening. As plaintiff attorney TJ Turner says in the story, “the last thing Ken Paxton wants to do is put a hand on his Bible and tell the truth”. He might literally burst into flame if he tries.

I also like this quote from the updated Trib story.

State Rep. Andrew Murr, the Junction Republican who was the top House impeachment manager, claimed vindication after Paxton’s new filing, saying he has has “dropped all pretense of innocence.”

“He’s admitted to what many in the Texas House have known in our hearts to be true: he flagrantly broke the law, violated the Whistleblower Act and betrayed the trust placed in him by retaliating against his own team, those who bravely reported his illegal actions,” Murr said in a statement.

Indeed. And now all y’all need to take the next step and campaign against Paxton in 2026, both in the primary and (when he wins) the general election. Anything else and you lose any claim to the moral high ground that you now hold. Don’t blow it. NBCDFW has more.

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Is this the end of the DeLorean dream?

Posted on January 21, 2024 by Charles Kuffner

Maybe?

Bexar County Commissioner’s Court pulled the plug Tuesday on an incentives package for DeLorean Motors Reimagined, an electric-vehicle startup that pledged to create 450 jobs if it got tax breaks to locate its headquarters in San Antonio.

The commissioners didn’t discuss the deal’s termination during their weekly meeting. Instead, they voted 5-0 to approve the action as part of a package of routine agenda items.

The vote came after DeLorean Chief Operating Officer Bill Frazer sent a letter to the county asking it to end the incentive agreement, which would have included roughly $1 million in tax breaks, the Express-News reports.

[…]

DeLorean hasn’t yet avoided paying city and county taxes because it never hit benchmarks required for those abatements to take effect, according to city and county officials. Even so, some industry observers questioned the wisdom of extending such a package to an untried venture in difficult startup market.

See here for more on the rather colorful history of the rebooted DeLorean in San Antonio. The company is still in business, it just was never able to deliver on promises to create those jobs. That’s the way it goes. TPR has more.

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DOJ releases its Uvalde report

Posted on January 20, 2024 by Charles Kuffner

It’s brutal.

Officers had many opportunities as the 2022 school massacre in Uvalde, Texas, was still unfolding to reassess their flawed response to the shooting that left 19 children and two teachers dead, the US Justice Department concludes in a damning new report.

Bursts of gunfire, reports a teacher had been shot, then a desperate call from a student trapped with the gunman could – and should – all have prompted a drive to stop the bloodshed far sooner, the Critical Incident Review released Thursday says.

Instead, it took 77 minutes from when the 18-year-old shooter walked into Robb Elementary School until he was stopped. The carnage remains among the deadliest episodes in America’s ongoing scourge of campus shootings.

Critical failures in leadership among specific law enforcement officers who rushed to Robb Elementary are blamed by the Justice Department, whose 575-page report nearly 20 months after the massacre is the fullest official accounting of what happened, though much already was known largely through CNN investigation.

Ample problems also emerged after the gunman was killed, from getting students away from the school and reunited with families to how bereaved parents were told their children were dead, the release of information about what happened, and the provision of therapy services, the federal report finds.

“The response to the May 24, 2022, mass casualty incident at Robb Elementary School was a failure,” the Justice Department report concludes bluntly.

“Their loved ones deserved better,” US Attorney General Merrick Garland said Thursday of the victims, whose families he met with a day earlier.

“The law enforcement response at Robb Elementary School on May 24, 2022 – and then the hours and days after – was a failure that should not have happened,” he said in an afternoon news conference.

“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,” Garland said.

[…]

The Justice Department report describes the quick arrival of law enforcement officers who ran toward the sound of gunfire, then almost immediately stopped once they got near the classrooms where the gunman was killing fourth graders and educators – a decision that ran counter to widely established active shooter response protocol, which instructs law enforcement to move toward and eliminate any threat.

“Officers on scene should have recognized the incident as an active shooter scenario and moved and pushed forward immediately and continuously toward the threat until the room was entered, and the threat was eliminated. That did not occur,” it says.

Instead, the intensity level dropped as responders began to treat the situation as a “barricaded suspect” operation that did not need immediate action, even as more officers arrived and the signals of ongoing danger multiplied.

That was the “single most critical tactical failure,” the team from the Justice Department’s Office of Community Oriented Policing Services finds.

“For the span of more than 1 hour, between 11:37 a.m. and 12:49 p.m., there were at least 10 stimulus events, including at least six separate instances of gunfire totaling approximately 45 rounds in law enforcement officer presence, as well as officer injuries and the presence of victims. Any one of these events should have driven the law enforcement response to take steps to immediately stop the killing,” the report says.

“During that period, no one assumed a leadership role to direct the response toward the active shooter, provide situational status to responding officers, establish some form of incident command, or clearly assume and communicate the role of incident commander. Interviews with responding officers confirmed that there was confusion about who, if anyone, was in charge, what to do, or the status of the incident.

“Some officers were confused about why there was no attempt to confront the active shooter and rescue the children. Without structure, agency leadership was unaware of the facts surrounding the incident and therefore unable to challenge the repeated decisions not to make entry into the classrooms.”

There’s a lot more to the story, and there’s the full report if you really want to get into it. I just want to highlight one small bit from the Trib story:

The Uvalde report’s release comes two months after ProPublica, the Texas Tribune and PBS’ Frontline published an investigation into the response after gaining access to a trove of investigative materials, including more than 150 interviews with officers and dozens of body cameras. The material showed that the children at Robb Elementary followed active shooter protocols, while many of the officers did not. It detailed how officers treated the situation as a barricaded suspect rather than an active threat even as evidence mounted quickly that children and teachers were injured and with the shooter.

Emphasis mine. We already knew that information, from the cited previous reporting. We are not going to do anything in this state to try to prevent mass shootings as long as the current government is in place, so you would think that the very least we could ask them to do is to make sure that all of our thousands of police forces are up to date on active shooter training and protocols. Doesn’t seem to me like much to ask.

We might also want to ask what’s going on with the state and local investigations and why they are taking so goddam long.

Since the massacre, families and the media have fought for transparency and an explanation for why the police response was so delayed and chaotic.

But at least three separate investigations into the massacre have not yet been released, including records from the Texas Department of Public Safety, a criminal investigation from the Uvalde County District Attorney’s office and the City of Uvalde’s independent investigation.

More than a dozen news organizations — including The Texas Tribune — have sued the DPS, alleging that the state police have unlawfully withheld those records, which include body camera footage and emergency communications. A Travis County state district judge ordered last November that the DPS release the records within 20 days. Attorney General Ken Paxton filed an appeal on behalf of the agency on Dec. 8, so that case remains ongoing.

Part of that investigation was a medical analysis to determine whether any of those killed at Robb Elementary might have survived if police and medical assistance arrived sooner. Records obtained by The Washington Post, The Texas Tribune and ProPublica showed that communication lapses among medical responders delayed treatment for victims. Four victims had heartbeats when they were rescued from the school and died later that day.

DPS Chief Medical Officer Mark Escott, who also serves as EMS medical director for the City of Austin, said in a statement that the Uvalde DA’s office informed him last August that they were “moving in a different direction” and no longer wanted the medical analysis.

“At this time, I have no knowledge of what, if any, medical analysis will be included in the (DPS) report,” Escott said.

See here for the most recent update on that. If we had a state government that cared about more than staying in power and covering its ass, perhaps we’d get some answers to these questions. Until then, well, you know what my preferred fix for that problem is. TPR, Stace, and the Chron have more.

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Mayor Whitmire wants to add Metro cops to HPD

Posted on January 20, 2024 by Charles Kuffner

On its face this makes sense.

Mayor John Whitmire said he’s negotiating with Metro to combine its almost 400 public safety employees with Houston’s Police Department under Chief Troy Finner.

The transit group’s police department, with a budget in 2024 of around $40.8 million and a staff just shy of 399 could be a force multiplier, Whitmire said, with officers responding to where crimes occur, whether that’s on a bus or train or in surrounding neighborhoods.

Such a measure would take approval from Metro’s board. Representatives for the transit group did not immediately respond to a request for comment about the mayor’s plan. But Whitmire said he’s been negotiating with Metro and expected to have board buy-in soon.

“When I started in public service all those years ago, we had park and airport police,” Whitmire said. “We eventually placed those inside the police department. I think most people would tell you that really worked out well.”

The mayor’s comments Thursday are the most direct indication of his vision for adding additional resources to the city’s police department, but he has signaled since the campaign that he wanted Metro and the Houston Police Department to work together more.

“Metro, 280 officers, ought to be working with HPD,” Whitmire said at a debate. “We don’t need to take their money, although their money will follow them when they work in concert with HPD.”

[…]

In discussing plans to combine the police officers in both agencies, Whitmire said everyone in Metro police currently would retain their jobs under his plan. He said he hopes officers would shift to focus on more traffic enforcement, while it would also open up the possibility of current police officers patrolling on buses and railcars.

Whitmire said he was concerned about crime at Metro bus stations and on buses and cars, and law enforcement would continue focusing on that even when combined. But working as one unit would enable officers more freedom to respond to where crime occurs.

I mean, at the most basic level this would add a couple hundred more officers to HPD, which is an explicit promise Whitmire made during the campaign, so as far as that goes it makes all kinds of sense. I presume that the removal of the distinction between the two would increase flexibility, which also makes sense. It should be noted that Metro’s service area includes quite a lot of turf that isn’t in the city of Houston, which presents some obvious jurisdiction questions for which I have no obvious answers. I presume there are a bunch of other details that are not enumerated in this article, some of which may present additional obstacles or other challenges, and that would be something for the Metro board to consider as well as the Mayor.

From Metro’s perspective, the question is whether this makes sense for them. How would the finances of it work? What level of coverage on Metro buses and trains and at transit centers and park and rides would there be? It would be nice for Metro to cooperate, but not at the expense of their mission. If I were on the Metro board – and let’s be clear, the Mayor will get to appoint people to the Board, so this is a limited-time ability here – I might seek to get the Mayor on record about his plans for Metro before taking any action on this.

Anyway. Without knowing anything more, and modulo those “not in Houston” concerns, this sounds reasonable and sensible. Now I’d like to hear some more.

Posted in Local politics | Tagged , , , , , , | 4 Comments

The Texas Freedom to Read Project

Posted on January 20, 2024 by Charles Kuffner

Good stuff.

A group of Texas parents has a mission: Let their kids follow their curiosity in school libraries.

The Texas Freedom to Read Project launched in December to counter the statewide surge in book challenges and removals in public school libraries in the state. Organizers said they hope Denton County parents will join the effort.

A Denton resident who is associated with the new organization declined to be named for this story.

Co-director Laney Hawes said she joined Austin resident and parent Frank Strong and Katy resident and parent Anne Russey in forming the grassroots nonprofit because she was angry.

Hawes has two children attending Keller ISD schools and was concerned when a statewide movement to label some young adult titles as “pornography” and pull them from school library shelves made its way to Keller.

Hawes joined the local fight when a group challenged roughly 40 books. One of them was the graphic novel version of The Diary of Anne Frank. In Denton ISD, more than 100 books have been challenged, resulting in volunteer committee reviews. On challenge forms, critics often left a box on the form asking if the person had read the entire work blank, and several book challengers have said during open sessions at board meetings that reading the entire book or work shouldn’t be a requirement for challenging the material. However, in order to verify that material meets or violates the state penal code that forbids making obscene material available to minors, those objecting to the material would need to have read the material completely to know whether the book has literary value.

When Keller ISD solicited volunteers to join committees charged with reviewing the titles, Hawes volunteered and was part of the group that reviewed Anne Frank. The committee decided the book was appropriate for teens, and returned the book to the library.

“A new school board came in, and they took a majority of seats on our board,” Hawes said. “And the first thing they promised to do was to overturn all of the book challenge committees that had happened in the spring because they claimed that the book challenge committees were stacked with liberals. They thought it was unfair, so they didn’t trust the decisions.”

[…]

Hawes said it’s important to acknowledge that not all books are appropriate for all students. She said that some high school students might not be ready to read All Boys Aren’t Blue, one of the most-challenged titles across the country. The book is a memoir by a nonbinary Black author, and the book includes descriptions of sexual awakening as a gay teen.

But some high school students are ready for that kind of book, and Hawes said the campaign to remove titles has targeted books that help teen readers understand consent around their bodies and sexuality.

Harrod said the challenges and HB 900 constitute censorship, and that restricting access isn’t about just the books.

“I mean, essentially, it’s a race to the bottom between Texas and Florida on who can ban the most books, who can restrict the most access,” he said. “And you know, we’re not just stigmatizing content. We’re stigmatizing readers. And it just seems to be ushering in a new sort of tribalism around information and books. And it’s really unfortunate.”

Hawes said the next step for Freedom to Read is to develop and train teams in every school district in the state. Volunteers can submit a form online. The nonprofit will partner with the American Civil Liberties Union of Texas and take legal action, if warranted.

“We don’t have a lot of money,” Hawes said. “But we have the commitment to students, to our children. We’re going to protect their First Amendment rights.”

Here’s the Texas Freedom to Read Project website again. The most important things to remember are that book bans aren’t popular, most people want kids to have access to books and libraries, and with that comes the power not just to fight back but to win. Make your voice heard – the power of the book banners comes from the fact that they are all very loud, which amplifies their small numbers – and help people understand in every election who’s on the side of reading and learning and who isn’t. You’ve seen me mention Frank Strong and his coverage of school board races from this angle. Now you can help him in that effort more directly. Go forth and be a force for literacy and freedom.

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Interview with Claude Cummings

Posted on January 19, 2024 by Charles Kuffner

Claude Cummings

We wrap up our week of Harris County Tax Assessor candidates with Claude Cummings. Cummings serves as an Employment Development Manager with the Harris County Community Supervision and Corrections Department, where he connects individuals involved in the justice system with vital community partners and resources to reduce recidivism. His work includes facilitating access to vocational training, job readiness programs, and affordable housing. 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

This was Tax Assessor week, and next week I will have interviews in CDs 07 and 18. I plan to have the candidates for County Attorney and District Attorney after that. You can keep track of all my interviews and judicial Q&As on the ever indispensable Erik Manning spreadsheet.

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Judicial Q&A: Fran Watson

Posted on January 19, 2024 by Charles Kuffner

(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.

Fran Watson

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

I am Judge Fransheneka “Fran” Watson and I am running to be the Presiding Judge of Harris County Probate Court 5

2. What kind of cases does this court hear?

Harris County Probate Courts oversee the validation of wills, the management of estates and the protection of guardianships (the financial and personal affairs of a minor or incapacitated person). Additionally, the Court presides over cases involving fiduciaries (i.e. Will and Guardianship contests, Fiduciary malfeasance, etc..)

3. Why are you running for this particular bench?

Assuming this role is a seamless transition for me professionally and for the people of Harris County. I have been presiding over cases since 2019 as an Associate Municipal Court Judge. Currently, I am a Staff Attorney for the Honorable Judge of Probate Court 2. Prior to working for Probate Court 2, I was in private practice with a strong focus on Probate and Guardianship. I believe my experience as a Judge and practitioner, knowledge and understanding of the Texas Estate Code, and service to families in Harris and surrounding counties have prepared me for this new Probate Court.

4. What are your qualifications for this job?

My qualifications for this job include:

• Associate Municipal Court Judge for four (4) years.
• Staff Attorney for Harris County Probate Court Two (2).
• Licensed and practicing Attorney for fourteen (14) years with a strong focus on Probate and Guardianship, and maintaining the required guardianship certification from the State Bar of Texas.
• Frequent appointments by Harris County Probate Court serving as an attorney ad litem and mediator.
• Frequent appointments by Harris County District Courts to serve as a guardian ad litem for minor plaintiffs.
• Frequent appointments by Harris County Courts at Law to serve as a mediator in civil cases.
• Frequent appointments by both Harris County District and County Courts at Law presiding over condemnation cases as a Special Commissioner.
• Provided training to attorneys working for Houston Volunteer Lawyers on probate and guardianship cases.

5. Why is this race important?

Studies show that Harris County is in need of additional Probate Courts. This is the first Probate Court established in decades. Thus, it requires a Judge who is accomplished, compassionate, and impartial.

6. Why should people vote for you in March?

I will bring experience, empathy, and equity to Probate Court 5. A vote for me would mean a vote for an experienced Judge with probate, guardianship, and courtroom experience who is ready to preside over cases on day one.

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Paxton will no longer fight the whistleblower lawsuit

Posted on January 19, 2024 by Charles Kuffner

Kind of stunning, definitely a stunt, and also his latest and most desperate ploy to avoid being deposed.

A crook any way you look

Texas Attorney General Ken Paxton announced Thursday that his agency will stop fighting a whistleblower lawsuit by four former top executives who were fired in 2020 after accusing the attorney general of corruption.

In a District Court filing in Travis County, the attorney general’s office informed the judge that Paxton no longer wishes to contest the accusations by whistleblowers who argued that they were improperly fired for reporting their former boss to the FBI for his dealings with an Austin real estate investor now under federal indictment.

[…]

In a defiant statement, Paxton again referred to the whistleblowers as rogue employees and accused them of working to sabotage his agency’s opposition to President Joe Biden’s policies and priorities.

“I will not allow my office to be distracted by these disgruntled former employees and their self-serving sideshow,” Paxton said.

Whistleblower attorney TJ Turner said the legal team representing the four former employees was evaluating its next steps in the case. But he said the filing showed Paxton feared being forced to testify.

“There’s clearly no length to which he will go to avoid being put under oath, including confessing to violating the whistleblower act and opening up the state’s coffers to an uncontested judgment,” Turner said.

Whistleblower lawyer Tom Nesbitt called the filing “another desperate stunt by Ken Paxton to prevent the truth from coming out.”

He also insisted that the lawsuit is not over.

“Ken Paxton has never answered questions about his illegal and corrupt conduct. He is clearly terrified of doing so – even if it means taking a different position now about him breaking the law than he did at his impeachment trial,” Nesbitt said.

“The Texas Supreme Court ruled just last week that there is no settlement and that Paxton must be deposed. The people of Texas deserve the truth and our lawsuit will provide it,” he said.

In the court filing, the attorney general’s office argued that Paxton was fully vindicated by the Senate impeachment vote for acquittal, adding that firing the executives was justified because it removed “rogue insubordinate employees from senior positions.”

But, the agency added, prolonging the lawsuit would be an “unjustifiable waste of taxpayer resources and an intolerable distraction that risks compromising critical state business.”

“Thus, for the very same reason OAG agreed to settle the lawsuit in the Spring of 2023, OAG hereby elects not to contest any issue of fact in this case, as to the claim or damages,” the court filing said.

It will be up to the Legislature whether to fund, “in whole or in part,” any damages award determined by the court, the agency added.

See here for the previous update. You may recall that one part of that original settlement agreement, the one that was never approved and funded by the Legislature, involved Paxton apologizing for referring to the whistleblowers as “rogue employees”. He sure is a man of his word. The big question now is what happens next, and the immediate answer is we don’t know.

It’s not clear whether the Travis County judge hearing the case could reject Paxton’s request.

Don Tittle, a lawyer for one of the whistleblowers, estimated they are owed damages in the millions of dollars. Taxpayers would cover the cost, only after approval from the Legislature, which has balked at paying a previous request.

Tittle described the move by Paxton is “unprecedented,” and he and the other lawyers are still reviewing the filing.

“I’ve not really ever seen anyone pull a legal stunt like this,” Tittle said. “He’s completely waving the white flag and surrendering.”

He said the decision indicates how badly Paxton wants to avoid the deposition. Tittle said he was expecting to hear from Paxton’s legal team this afternoon about setting a date. The court-ordered deadline was Feb. 9.

The whistleblowers themselves say they’re not done fighting, regardless of Paxton’s apparent surrender.

The whistleblowers have said they are intent on having their day in court and want to see Paxton answer questions under oath.

“We are not going away,” one whistleblower, Blake Brickman, said at a news conference after Paxton’s Senate acquittal. “For us this case has always been about more than money. It’s about truth. It’s about justice.”

This is one of those times where I feel reasonably comfortable making a prediction, so here it is: The whistleblowers will file a motion opposing any termination of the suit; failing that, they will argue for the need to depose Paxton and his minions anyway in order to establish what the damages should be. Paxton., who I’m sure expects this, will oppose that, so there will need to be a hearing. Whatever the judge rules, the loser will appeal and we’ll go back to the Third Court of Appeals and then the Supreme Court. Your guess is as good as mine how long that could take, but Paxton will be happy to delay things for as long as he can. He’s got a very clear role model in that department. TPR has more.

Posted in Legal matters | Tagged , , , , , , , , , , , , , , , , , , , | 3 Comments

Interview with Desiree Broadnax

Posted on January 18, 2024 by Charles Kuffner

Desiree Broadnax

One more candidate for Harris County Tax Assessor whom you’ve met before, and that’s Desiree Broadnax. Broadnax is the manager of the Intake division at the District Attorney’s office, which means she has responsibility for all incoming case filings. She has worked in the DA’s office for over twenty years, starting out as a typist on the evening shift and working her way up. She was a candidate for District Clerk in 2022, and you can find the interview I did with her for that race here. My interview with her for this race is 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

As noted this is Tax Assessor week, and you will get to hear from all of those candidates. Next week I will have interviews in CDs 07 and 18. You can keep track of all my interviews and judicial Q&As on the ever indispensable Erik Manning spreadsheet.

Posted in Election 2024 | Tagged , , , , , | Comments Off on Interview with Desiree Broadnax

Fifth Circuit upholds injunction in book rating lawsuit

Posted on January 18, 2024 by Charles Kuffner

Good news.

The Fifth Circuit Court of Appeals on Wednesday blocked a new Texas law that requires bookstores to rate books for sexual content and prohibits any deemed “sexually explicit” from the state’s public schools.

A panel of three judges sided with Texas bookstores and national publishing groups that had argued the bill violated their freedom of speech and would be harmful to their businesses.

The state says the rating system is based on existing ones for movies or video games, and that it doesn’t violate the Constitution because the ratings are “purely factual and uncontroversial,” or similar to a “nutrition label.”

“Balancing a myriad of factors that depend on community standards is anything but the mere disclosure of factual information. And it has already proven controversial,” the court wrote in its decision.

The court went on to say that the law constituted “compelled speech” and that the bookstores and publishers were “irreparable” financial harm, including the possibility of Houston bookseller Blue Willow Bookshop going out of business as a result.

The ruling was on a preliminary injunction, meaning the decision goes into effect temporarily until the full case can be argued, but the court suggested the bookstores likely had a winning argument.

See here and here for some background, and here for a copy of the opinion, written by Trump appointee Justice Don Willett; two of the three justices on the panel were appointed by Republicans. The Statesman provides some further detail:

Several book sellers — including BookPeople in Austin — and library associations sued several state agencies in July, arguing that HB 900 is overburdensome and costly to businesses. The temporary halt will allow a hearing in which a judge will decide the law’s constitutionality to proceed. By granting the hearing, the appeals court affirmed its belief that the book sellers’ case is likely to succeed.

A U.S. district judge in September granted the book sellers’ appeal to halt the implementation of the law, a ruling the Texas Education Agency almost immediately appealed.

Under the law, book sellers would have had to send their ratings to the Texas Education Agency by April 1 to comply, a task many argued wasn’t feasible.

The plaintiffs had also argued that the law violated their First Amendment free speech rights, since the state can disagree with and edit a vendor’s rating.

The court rejected several arguments the state made objecting to the free speech claims, including that the task of rating books is simply ministerial, instead of an expression of opinion.

“Here, the statute requires vendors to undertake a fact-intensive process of weighing and balancing factors to rate library material,” the court wrote in its decision. “This process is highly discretionary and is neither precise nor certain.”

The ratings have already proved controversial, the court wrote.

“The statute requires vendors to undertake contextual analyses, weighing and balancing many factors to determine a rating for each book,” the court wrote. “Balancing a myriad of factors that depend on community standards is anything but the mere disclosure of factual information.”

[…]

Under the law — authored by Rep. Jared Patterson, R-Frisco — vendors selling books to school districts would have to rate content that is sexually relevant or sexually explicit. HB 900 also states that schools are prohibited from buying books from vendors that don’t use the rating system and are not allowed to purchase sexually explicit books.

The decision was disappointing to Patterson, he said in a statement.

“Book vendors have an obligation to be aware of the content they are distributing, especially if that content is sexually explicit material into the hands of school children,” Patterson said.

The ruling doesn’t affect the state’s library standards, which ban sexually explicit books from school libraries, Patterson said. The State Board of Education adopted those new standards last month.

In addition to upholding the lower court’s decision, the appeals court dismissed from the case the State Board of Education and the Texas State Library and Archives Commission, two agencies the plaintiffs had included in the lawsuit.

Again, pretty good. The library standards part of the bill were not in the original temporary restraining order. The remaining defendant is TEA Commissioner Mike Morath, which makes sense since this is about the enforcement of standards for books being sold to and held by school libraries. I do expect the state to appeal this to SCOTUS, but with any luck they will have better things to do for now. The matter may come up again after the ruling on the merits down the line. Reuters, KXAN, and Publishing Perspectives have more.

Posted in Legal matters | Tagged , , , , , , , , , , , , , , , , , , , , , , , | 3 Comments

HISD presents its longer-year calendar options

Posted on January 18, 2024 by Charles Kuffner

See if you have a preference.

After months of speculation over potential changes to Houston ISD’s academic calendar, district officials are considering four options for 2024-25 that would each move up the first day of classes and increase the number of days that students spend in school.

The proposals all include 180 class days, compared to 172 this year, and lay out three potential start dates: Aug. 7, 12 or 14.

HISD Deputy Chief of Staff Kari Feinberg sent the proposals to a district committee Thursday in an email obtained by the Houston Landing. Feinberg said the final calendar could be one of the four proposed options or a new version based on staff feedback. HISD officials have said they plan to present a final calendar choice Feb. 8 to the district’s board of managers, which must approve the schedule.

District leaders have said they plan to ask families to provide their opinions about starting the school year earlier as soon as next week.

[…]

The four versions of the academic calendar under consideration increase the number of workdays for staff by between eight and 11 days.

This year, teachers are scheduled to work 187 days, including 15 for training. Next year, the four versions of the calendar propose 195 or 196 total work days for returning staff, including 15 to 16 training days. The calendars specify an additional two days of training for staff who are new to the district.

Miles has said staff will be compensated competitively for the extra time. Miles has not specified what the wages will be, but he said in mid-December he expects HISD’s teacher salaries will be the highest in the region.

“We will raise teacher salaries. I don’t want to give you an amount right now, because we’re still adjusting that,” Miles said at the time.

HISD is soliciting feedback on the four versions of next year’s calendar from teachers, administrators and other community members. Feinberg’s Thursday email included a survey for members of the district’s advisory committee — made up of parents, staff and other community members — to fill out by Wednesday.

Bradley Wray, a physical education teacher at Deady Middle School on HISD’s southeast side and a member of the District Advisory Committee, said he thinks the number of training days in the draft calendars is too much for experienced staff. Additionally, he said he has unanswered questions about the compensation packages Miles has mentioned.

“Will the big salaries be for everyone, including elective teachers and other non-STAAR tested teachers? Will support staff see adequate pay increases?” he said.

See here for some background. This is of course a direct result of the District of Innovation adoption. As the Chron story notes, there are some variations for spring break and other things as well, so it’s not just a matter of what start date you prefer. As for the pay issue, I’m perfectly happy for teachers and staffers to get a raise, but as we’ve discussed many times, that has an as-yet unknown price tag, HISD already has a projected budget deficit, and Mike Miles has been considerably less than forthcoming about how he intends to pay for all that. It would be nice if we got some clarity – and a voice – on that along with the schedule options, but don’t hold your breath.

On a completely tangential note:

While Mayor John Whitmire was lauding Houston ISD Superintendent Mike Miles for making the decision to close schools Tuesday, Miles was telling an education committee the district should have stayed open and “I’m not going to make the same mistake again.”

Miles was the last of the local superintendents to decide on Monday to close schools Tuesday because of the arctic cold front that moved through the area. This came after Whitmire called him. “I gave Superintendent Miles my best advice yesterday afternoon. I encouraged him to not have school and he made the right decision,” Whitmire said.

But in a meeting before HISD’s District Advisory Committee to talk about school year calendars today, Miles deviated from the agenda to talk about Tuesday’s school closure.

He said he regretted his actions and wouldn’t do it again. He also took a shot at what he called exaggerated fears about the damage the weather was going to do.

“We made a decision to close schools today. I’m not sure that was the best decision. It was mine to make and I made it. I’m not sure it was the best decision.

“I think we missed an opportunity to develop a culture of essentialness. We need that. Our profession has gone away from that. We close schools too often in this country, in this profession . And we don’t emphasis essentialness.

“No fire departments close; no police departments close; no hospitals close. And after those first responders we’re it, except if we were in combat.

[…]

There’s only one way to build a culture of essentialness and that’s to act essential Despite the noise, despite the whining, despite the people who are exaggerating [that] we’re going to cost people’s lives. I’ve got to ignore that and think about the kids and our core function. ”

I work for a major multi-national corporation. We are now back in the office a minimum two days a week, with Wednesday being a mandatory in-office day for my department. On Tuesday, we were told to stay home on Wednesday rather than risk driving on unsafe roads; all schools will be open again on Wednesday because temperatures will warm up into the 40s and the risk of road hazards is greatly reduced. My point here is that either you prioritize safety or you don’t. I get that there are other considerations for school districts, and Mike Miles is quite correct that unscheduled school closings are a burden for a non-trivial number of parents. He made the best call he could with the information he had at the time. It happened that the risk he was trying to mitigate didn’t materialize. What he’s saying here is that the next time this situation comes up – and it will, sooner or later, in some form – he’s going to prioritize keeping the schools open over everyone’s safety. That’s a choice he can make, and if he had made it this time it would have been fine. Next time, maybe we’re not so lucky. This is the choice he says he’s going to make. Let’s be clear about what that means. The Chron, which notes that “The TEA encourages school districts to make sure that their calendar includes enough minutes to account for at least two bad weather or other missed school days”, has more.

UPDATE: Some further remarks from Miles about future weather-related school closures.

Posted in School days | Tagged , , , , , , , , , | 2 Comments

Texas blog roundup for the week of January 15

Posted on January 18, 2024 by Charles Kuffner

The Texas Progressive Alliance really hopes we’re not shivering in the dark this time as it brings you this week’s roundup.

Continue reading →

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Interview with Jerry Davis

Posted on January 17, 2024 by Charles Kuffner

Jerry Davis

Our next familiar name in the primary for Harris County Tax Assessor belongs to Jerry Davis, who was a three-term Council member (plus a little bit more) and Mayor Pro Tem for District B. Davis is a businessman and past CEO of the non-profit Making It Better (now called Literacy Now), which works to improve literacy, leadership, and life skills for disadvantaged children. Davis co-owns the restaurants the Breakfast Klub and the Reggae Hut with his brothers. He challenged Rep. Harold Dutton in the 2020 primary but fell short in a runoff. I’ve interviewed him a couple of times before, most recently in 2013, which you can find here. Here’s the interview we did for this election:

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

As noted this is Tax Assessor week, and you will get to hear from all of those candidates. Next week I will have interviews in CDs 07 and 18. 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: Brandi Croffie

Posted on January 17, 2024 by Charles Kuffner

(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.

Brandi Croffie

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

My name is Brandi Janell-Estelle Croffie, and i am running to be the next judge of the 133rd judicial district court of Harris County, Texas. I am a humble girl from Humble Texas.
I have an education background in teaching and worked as a former probation officer in Montgomery Texas, prior to attending law school. I have a heart for service and will bring the same dedication, integrity, and fair decision making to Harris County.

2. What kind of cases does this court hear?

This court will hear civil court cases where the amount in controversy exceeds $500.00. This can be anything from general business disputes to personal injury or even minor insurance settlement cases.

This court does not, however, hear any cases that are criminal, involve family cases, or probate cases as Harris County has seperate courts for these types of cases.

3. Why are you running for this particular bench?

I chose the 133rd District Court because since its inception in 1986, the seat has only been held by two judges. The opening of this seat allows the seat to be filled with a candidate who has a different background and life experiences than the prior two seat holders, but still holds strong democratic values.

I truly believe that representation matters in the courtroom and by electing me, voters can have someone with a similar background and life lens, who can rule with compassion and who will follow the law.

4. What are your qualifications for this job?

I have been practicing civil litigation for my entire legal career. My practice routinely requires appearances in district courts, predominately in Harris, Fort Bend, and Montgomery Counties. I have the judicial temperament, as well as the willingness to learn and listen, required for the bench. My background and life experiences bring diversity of thought and provide much needed representation for underserved communities. My 11 years of experience has provided the necessary skill set as well as the legal acumen required for the position. Further, my educational background in the field of counseling gives me the unique qualification of experience dealing with many different people from many different walks of life. This coupled with my experience and training, specifically in civil litigation, allows for a unique perspective and a unique way of dealing with people needed in the courtroom. Having practiced solely in civil litigation, I understand the rules of procedure and the courtroom dynamic involved.

5. Why is this race important?

This race is important because people who bring their matters to courts in Harris County should know that they will have someone hearing their cases who is fair, unbiased, and consistent. Voters should trust that they will receive timely rulings on their cases, and should know that their cases will be heard by someone who is qualified and will treat them with dignity and respect.

6. Why should people vote for you in March?

People should vote for me because I am a candidate with a proven record of service to the state of Texas and the Houston community. People should vote for me because I have the experience needed, as well as the willingness to learn and listen. I can bring my unique background, and my diversity of thought to the bench. I will always follow the law.

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Texas Medical Board asked to clarify abortion exceptions

Posted on January 17, 2024 by Charles Kuffner

If the Supreme Court won’t do it, then what else is there?

Two attorneys have asked the Texas Medical Board to clarify what qualifies as a medical exception to the state’s abortion laws, following the Texas Supreme Court’s rejection last month of a Dallas woman’s attempt to terminate her nonviable pregnancy.

The petition, filed Tuesday by attorneys Steve and Amy Bresnen, who are also lobbyists, asks the board to issue “clear guidance” about when an abortion is allowed under the law. Dr. Sherif Zaafran, the board’s chair, said the agency is in the process of reviewing it. The medical board expects to respond by the end of this week, he said.

Since Texas banned nearly all abortions in summer 2021, dozens of women have come forward to say they were denied medically necessary abortions for their complicated pregnancies. These women have said they should have qualified for an abortion under the state’s narrow medical exceptions, but their doctors were too fearful or unclear on the law to perform the procedure.

“It’s time for the Medical Board to get off the sidelines. The fact that life-threatening conditions related to pregnancy are driving women out of state for abortion care is not acceptable,” Steve Bresnen said in an email to The Texas Tribune. “The Legislature, the Governor, the Supreme Court of Texas and physicians have asked for clarity and the TMB has the power to give it. There is no excuse for further delay.”

In Texas, the medical board can revoke a doctor’s license if they violate the state’s abortion laws. Texas’ Supreme Court asked the board in December to provide doctors with more guidance on interpreting those statutes after the court rejected Dallas resident Kate Cox’s request for a medical emergency abortion.

The court’s request prompted the Bresnens to also ask for clarity from the board. Their petition also calls on the board to identify steps doctors can take to ensure that their decisions are in line with the standards for a medical exception.

The petition also asks the board to prohibit complaints against doctors that are not supported by specific evidence that an abortion performed in Texas was illegal.

“The downside risks of performing (an abortion) in an uncertain world are, you can lose everything, including your freedom, for 99 years,” Steve Bresnen said. “Physicians and hospitals need the state to tell them, ‘Here’s what this exception means, and here’s how you go about making sure that you’re acting within the exception so it minimizes your legal risk.’”

See here for some background. Please note that SCOTx asked the TMB for guidance after they cravenly refused to rule on what those exceptions are themselves. And look, maybe the TMB can take a sober and objective look at the data and the science and the rulebook and the accepted practice and come up with a precise list of what to do and what not to do for our state’s doctors, but let’s be clear about two things. One is that there is no way on God’s green earth that Ken Paxton will accept what they say. He will absolutely threaten, harass, and as needed prosecute and sue any doctors who dare to provide an abortion and hospitals that allow them to take place. Even if the situation in question is as clear as it could be, he’ll claim the doctor was recklessly murdering a baby while the hospital turned a blind eye to it. This is what he does.

And two, the best case scenario for this guidance from the TMB is that it would be an affirmative defense to the murder charge that the doctor would be arrested for. Perhaps that would allow the doctor to beat the rap, but who in their right mind would want to risk that? As long as there are no constraints on Ken Paxton there will continue to be Kate Coxes and Amanda Zurawskis and so on. The TMB can’t do anything about that.

Posted in Legal matters | Tagged , , , , , , , , , , , , , , | 1 Comment

Interview with Danielle Bess

Posted on January 16, 2024 by Charles Kuffner

Danielle Bess

We continue with the Tax Assessor candidates, and we come to a familiar name (as with SD15, there will be a couple of these), Danielle Bess, a native Houstonian, Navy veteran, and real estate professional. Her work has included affordable housing and community development projects, and rebuilding or repairing homes damaged by floods. She has been involved in politics for awhile and has worked with multiple campaigns. She has also been a candidate for HD147, losing in the runoff to Rep. Jolanda Jones in 2022, and for Houston City Council At Large #2 last year. My interview with her for HD147 is here, my interview with her for At Large #2 is here, and my interview with her for Tax Assessor is here:

PREVIOUSLY:

Karthik Soora, SD15
Michelle Bonton, SD15
Molly Cook, SD15
Rep. Jarvis Johnson, SD15
Todd Litton, SD15
Beto Cardenas, SD15
Annette Ramirez, Tax Assessor

As noted this is Tax Assessor week, and you will get to hear from all of those candidates. Next week I will have interviews in CDs 07 and 18. You can keep track of all my interviews and judicial Q&As on the ever indispensable Erik Manning spreadsheet.

Posted in Election 2024 | Tagged , , , , , | 3 Comments

We will have a joint primary this year

Posted on January 16, 2024 by Charles Kuffner

This solves a problem we had only begun to realize we had.

Harris County Republicans and Democrats plan to hold a joint election during the upcoming March primaries after years of the parties conducting separate contests, County Clerk Teneshia Hudspeth announced Sunday.

Although the measure must still be approved by the Commissioners Court, voters who want to cast their ballots in either of the parties’ primary elections on March 5 can do so in common precincts with the same voting equipment in a first for the county, Hudspeth said.

March’s joint contests should mean a smoother Election Day for voters.

“For Democratic and Republican primary voters, this year’s joint aspect of the Election Day voting process will be familiar,” Hudspeth said in a statement Sunday. “It is the same voting process used for years in the conduct of early voting during Primary Elections, and it is the same Election Day voting process used when voting in a November election.”

The agreement was spurred by Senate Bill 924, a newly enacted state law that requires Harris County to open significantly more polling sites than it historically has on primary day. Hudspeth, the county’s chief elections officer, sounded the alarm to the Commissioners Court this month and warned that her office would not have enough workers or machines to run separate primaries without facing major hurdles.

Without joint elections, Harris County would have had to go from about 375 polling sites during the most recent primaries to at least 512 under the new law, Hudspeth told the Commissioners Court Jan. 9.

[…]

Cindy Siegel, the Harris County Republican Party chair, argued after Hudspeth’s comments to the Commissioners Court that the county’s history of running split elections should not be changed.

But in a statement Sunday, Siegel said the party agreed to hold a joint primary election in Harris County for the first time after reviewing SB 947 and consulting the Texas Secretary of State’s elections division.

“This decision was not made lightly, but … we had no other option,” she said. “We will work with the clerk’s office to have a successful primary election, and we plan on maintaining as much control over our election as possible through ongoing negotiations with all stakeholders over the next couple of days.”

Lots of background material on this one: Here’s the County Clerk press release announcing the joint primary. Here’s Commissioner Adrian Garcia’s press release calling out Republicans for not being willing to contribute to the solution, which was from last week, around the time that Chron story in which Clerk Hudspeth explained the issue was published. Here’s SB924, which I’ll get into in a minute. The story references SB947 but I think that must be a typo as SB947 is a criminal code bill.

The story itself is straightforward enough: The effect of SB924 is that Harris County will have to operate more polling places on Primary Day, which it would have had a hard time handling. What was not explained was how and why SB924 enabled those requirements. Looking at the text of the bill, the gist is that while counties used to have the discretion to combine precincts with fewer than 500 registered voters, that discretion is now gone for counties with at least 1.2 million people. Fewer combined precincts + the need for two sets of voting machines at each location = more locations than we could have handled with the voting machines we now have.

The Republicans in the previous story sniffed that this was the fault of the Democratic-controlled Commissioners Court for not buying enough machines. I would agree that we should buy more of them now, but this law was just passed and only went into effect on September 1. It’s not like we can just order new machines from Amazon and have them up and running immediately – among other things, they need to be certified first. I don’t know what the SOS said to Cindy Siegel, but it got her on board with the joint primary solution, so we have that going for us.

Three points of interest that I would have liked to see the story address: One, this law also affects Dallas, Bexar, Tarrant, and Travis Counties, and if it doesn’t affect Collin County (population 1.158 million as of March 30, 2023), it will very soon. Denton County will follow in a few years, Fort Bend and Hidalgo a few years after that, and from there we’ll see. It would be interesting to know how they are dealing with this. Two, this was apparently a fairly partisan bill – it passed on third reading on a straight party-line vote in the Senate and a mostly but not entirely party-line vote in the House. The Dems who supported it included the likes of Reps. Rafael Anchia, Ana Hernandez, and Gene Wu, which makes me think there must be some objective reason for it. I assume the partisan reason for it is that it targeted the big urban counties, but that’s my supposition. Again, it would be nice to know more. And three, since we have a lot more than 512 precincts, I assume there’s a reason why we needed that many voting locations. The law that governs polling places in counties that use voting centers is this one, and my eyes glazed over before I made it out of the first sub-section. Again, more information, in the form of quoting some voting experts, would have been nice.

Anyway. Now you know what I know, or at least what I think I know, about this. We’ll see how it plays out in practice. As a dedicated early vote person, I’ll need to hear someone else’s account of that.

Posted in Election 2024 | Tagged , , , , , , , , , , , , , , , , , , , | 3 Comments

Feral peacocks

Posted on January 16, 2024 by Charles Kuffner

I will admit that the headline of this story made me think it would be little more than a laugh, but it had me fully engaged.

Kirk Sides/Chronicle staff photographer

Kellie Donoghue proceeds with trepidation when she takes her four dogs for a walk. Even though it’s broad daylight, she scans the streets before she makes a turn, vigilant for the omnipresent threat that’s taking over her Memorial-area neighborhood.

She’s checking the roads, tree tops and bushes for peacocks.

For decades, peacocks — more accurately called peafowl — have stalked Donoghue’s Heathwood neighborhood, shrieking from homes and trees and charging at humans and pets.

The peafowl, she said, are prone to attacking humans, animals and cars and can cause serious property damage to homes. They walk into traffic without hesitation, creating unsafe driving conditions for motorists.

“I saw seven of them smashing into a car the other day,” she reported. “They tear up roofs and break windows. Once they even chased a group of kids.”

Compounding the issue, said Heathwood resident Linda Aber, is the fact that all the birds started out as one small, privately owned flock. Aber believes the birds are all inbred, which she said raises ethical questions about whether they should be allowed to continue to reproduce.

The Heathwood flock are notorious among Texas ornithologists and invasive species experts.

Fred Collins is a wildlife biologist and former president of the Texas Audubon Society advisory board who has been studying the birds since they were introduced to Houston in the late 1950s.

The peafowl were brought to the area by Vargo’s restaurant, which closed in 2012. Many of the birds left Vargo’s property, he said, settling in the nearby neighborhoods.

What started out as a small flock of birds grew well into the hundreds by the 2010s, he said, and the flock has continued to expand.

While the birds drifted into most of the neighborhoods surrounding the Buffalo Bayou, Collins stated that the birds causing issues in Heathwood have congregated in such dense numbers because they’re being fed by residents.

It was the description of them as “invasive species” that made me stop chuckling and think about this more seriously. This isn’t the usual way that we encounter invasive species, and they’re not causing ecological havoc, but they’re still a pest that shouldn’t have been there in the first place. We hear from some other experts in the story but there’s no “this is what should be done to try to ameliorate this” statement within. The experts refute the residents’ assertions about the birds being aggressive (more likely, they’re habituated to humans, who have been feeding them), and one can infer that the best course of action mostly involves not feeding these birds any more. Easier said than done since who knows who might be doing that, but it’s at least a mantra that residents who want to Do Something can spread. I wish them well and hope that these birds don’t migrate any farther to the southeast.

Posted in Elsewhere in Houston | Tagged , , , , | 7 Comments

Interview with Annette Ramirez

Posted on January 15, 2024 by Charles Kuffner

Annette Ramirez

This week we will focus on the primary for Harris County Tax Assessor, which is also an open office with the pending retirement of two-term incumbent Ann Harris Bennett. There are five candidates in the race, and I will have interviews with all of them, beginning with Annette Ramirez. Ramirez is an A&M grad and attorney who has worked for over 20 years in the legal department of the Aldine Independent School District. She currently serves as Assistant General Counsel overseeing the District’s in-house property tax collection, litigation, and real estate matters. Aldine has the distinction of being the only school district in Texas that collects its own property taxes. That’s one of the thing we talked about in the interview:

PREVIOUSLY:

Karthik Soora, SD15
Michelle Bonton, SD15
Molly Cook, SD15
Rep. Jarvis Johnson, SD15
Todd Litton, SD15
Annette Ramirez, Tax Assessor

As noted this is Tax Assessor week, and you will get to hear from all of those candidates. Next week I will have interviews in CDs 07 and 18. You can keep track of all my interviews and judicial Q&As on the ever indispensable Erik Manning spreadsheet.

Posted in Election 2024 | Tagged , , , , , | 3 Comments

Judicial Q&A: Troy Moore

Posted on January 15, 2024 by Charles Kuffner

(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.

Troy Moore

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

My name is Troy M. Moore and I’m running to become your first for Harris County Probate Judge for Court 5 — a newly created court that has an open seat.

2. What kind of cases does this court hear?

Harris County Probate courts hear cases regarding the transfer of assets for deceased people. The court also presides over guardianship cases, which decide how to deal with persons who mentally may be unable to take care of themselves.

3. Why are you running for this particular bench?

I am running for this position because I am the most qualified, experienced candidate for this position. I have dedicated most of my legal career to advocating for others in probate court. I have filed over 368 cases in probate courts. I know that my legal education, experience and a passion to serve provide a strong foundation for me to become a jurist, known as an arbiter of justice and equity, for every person who comes before the court.

I understand the intersection between the Texas Estates Code and the real-life impact on people. I always make sure that I do not forget the community responsible for the man that I am today. I make time in my practice to not just serve those who are fortunate to have the means to employ legal representation, but also those who are socioeconomically disadvantaged due to life circumstances. My most rewarding moments have been those times that I have spent advocating for issues and the people of this County.

4. What are your qualifications for this job?

My qualifications to become your next Harris County Probate Judge 5 are as follows:

  • 22 years as a Texas Bar Licensed Attorney;
  • 15 years as a Solo Practitioner with a concentration in the areas of Probate Law and Litigation;
  • Filed over 368 probate cases in Harris County; and
  • Trial Litigation Experience (in County and Federal Court).

5. Why is this race important?

This race is important because it is a new open seat that was created to address the backlog of cases in our courts that delays outcomes for everyone. It is important that the person elected to this court has the experience, temperament and integrity to achieve that legislative goal. This will be this Court’s first year in existence — we must get this one right.

6. Why should people vote for you in March?

Harris County Residents should vote for me, Troy Moore, for the first Judge of Harris County Probate Court 5 because:

  • I am the candidate with the most subject matter experience in Probate Law, and I will be ready on day one.
  • I am committed to conducting a time-efficient and effective court. I will not keep cases in my court beyond the time necessary to make an informed decision.

*It is important that judges make correct decisions at the trial court level, and not create an unnecessary burden to taxpayers by wasting the parties’ time and money when trial court decisions are reversed on appeal.

  • I am committed to the promise of the application of fairness and equity, no matter the individual’s background or personal wealth.
  • I have a proven track record of practicing law with character, dignity and integrity.
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Apparently that challenge to the 2023 Constitutional amendment elections just went away

Posted on January 15, 2024 by Charles Kuffner

I’d been wondering about this.

Legal challenges that threatened to upend Texas voter-approved property tax cuts and increases to retired teachers’ pensions appear to have been squashed by a coordinated effort between the governor, the attorney general and the secretary of state.

The secretary of state’s office has declared the 13 voter propositions approved on Nov. 7 a part of the Texas Constitution, according to legal filings in Travis County. The court documents indicate Gov. Greg Abbott seized upon a legal technicality to thwart six lawsuits challenging the results of the recent election.

Property tax cuts that could save homeowners hundreds on their tax bills next year and thousands of dollars for cost-of-living increases for retired teachers could have been in limbo while the lawsuits moved through courts in Travis County and a likely appellate process.

[…]

On [December 4], Abbott canvassed the election, notifying the secretary of state’s office that he had certified results for all of the voter propositions. On [December 5], the secretary of state’s office filed motions in the lawsuits indicating the measures are now part of the state constitution.

The election challenges would have held up implementation of the amendments. But the office of the attorney general discovered that the lawsuits had “citation and return of service” that gave incorrect deadlines for the secretary of state to respond, according to legal filings.

Typically plaintiffs can correct suits with proper citations. However, Texas law requires all subpoenas in challenges to elections to be served before the governor certifies the results.

Since the results have been certified, they are no longer subject to new legal challenges.

“This Court will never see a simpler example of mootness,” the legal filings from the secretary of state’s office read.

[…]

Randy Erben, a law professor at the University of Texas at Austin, said even if the law appears to be on Abbott’s side, dismissing the cases will require a ruling from a judge.

“The canvas ends the debate, but … the court may come back and say there’s nothing the matter with the service or there’s some exception or ameliorating factor,” Erben said.

See here and here for the background. I had noted this effort to moot the lawsuits, but the way I saw it reported at the time, I had assumed more or less what Professor Erben says, that the litigation was still active until a judge made a ruling. After the recent stories about electing appraisal district board members and new money for state parks, and I figured either we had a collective case of amnesia or something had happened with the litigation that I had missed. Turned out it was just my expectations, as that magic filing seems plus Abbott’s day-early canvass did indeed make it disappear. If later on the judge in the case rules that the lawsuit is still active, then I suppose anything that happens from there would affect a future election, as by then it would be too late for this one. Anti-climactic to say the least, but here we are. I’m always happy to see election deniers get denied, though I doubt this will slow them down the next time. I presume the lesson they’ll take from this is to be more careful in their filings. I fear we’ll find out this November.

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Weekend link dump for January 14

Posted on January 14, 2024 by Charles Kuffner

This self-portrait of a young Philadelphia man called Robert Cornelius is believed to be the earliest American portrait photo still in existence. Basically, the first selfie.

“For decades after its 1989 release, each of the hundreds of millions of standard NES Tetris games ended the same way: A block reaches the top of the screen and triggers a “game over” message. That 34-year streak was finally broken on December 21, 2023, when 13-year-old phenom BlueScuti became the first human to reach the game’s “kill screen” after a 40-minute, 1,511-line performance, crashing the game by reaching its functional limits.”

“The law is the law, and the rule of law is the rule of law, and the court is the entity tasked with determining whether the nation follows where that leads. Unlike with so many of their recent decisions, the people most affected by this decision, whatever it may be, will not be silent, or fearful, or mollified by the words IT IS SO ORDERED. This may be the first major test this year of whether the court, and indeed the country, can weather 2024 with its institutions intact. It decidedly will not be the last.”

“Why Trump can’t use the ‘idiot’ defense other Jan. 6 defendants often lean on”.

Jerry Lewis’ notorious and almost-never seen The Day The Clown Cried is set for a screening this June.

“For an illustration of what we Christians celebrate on Epiphany, think of the movie Freaky Friday. Either one will do — the original with Jodie Foster and Barbara Harris or the remake with Lindsay Lohan and Jamie Lee Curtis. Neither is really a great movie, but they’re both memorable and entertaining.”

RIP, Cindy Morgan, actor best known for Caddyshack and Tron.

“Stranger Things has officially started production on its fifth and final season.”

“Man Finds Undamaged Cell Phone That Survived 16,000-Foot Fall From Alaska Airlines Blowout”.

RIP, Franz Beckenbauer, German soccer legend who won a World Cup as a player and as a coach.

“Who is America’s Largest Landowner?”

“A California man who lost $100,000 in a 2021 SIM-swapping attack is suing the unknown holder of a cryptocurrency wallet that harbors his stolen funds. The case is thought to be first in which a federal court has recognized the use of information included in a bitcoin transaction — such as a link to a civil claim filed in federal court — as reasonably likely to provide notice of the lawsuit to the defendant. Experts say the development could make it easier for victims of crypto heists to recover stolen funds through the courts without having to wait years for law enforcement to take notice or help.”

“The Biden administration stopped a company from selling data on people’s medical visits on Tuesday, its first settlement on a privacy issue that has many Americans concerned about who can see their most sensitive personal data — particularly visits to abortion providers.”

“Asking people to “do the research” on fake news stories makes them seem more believable, not less”.

“So, I’ve watched with some befuddlement the cascading reaction to this essay, even from apparently at least one person on Swift’s team. Many, many people have weighed in on the supposed inappropriateness of the Times’ actions here, and I would like to suggest everyone consider this entire situation with a little more chill, and a lot more grace.”

I had no idea that modern dishwashers took longer than older ones, but now that I do know, I don’t really care. Who waits around for their dishwasher to finish up?

RIP, Bud Harrelson, former Mets shortstop, coach, and manager.

The ESPN fake Emmys thing is just too weird.

RIP, Tom Shales, Pulitzer-winning TV critic for the Washington Post.

Posted in Blog stuff | Tagged | 3 Comments

It’s official, Paxton will get deposed

Posted on January 14, 2024 by Charles Kuffner

Excellent.

A crook any way you look

Attorney General Ken Paxton and his top aides will be forced to testify in a lawsuit accusing Paxton of violating the state’s whistleblower protection law after the Texas Supreme Court on Friday denied an emergency motion to block the depositions.

The case centers on allegations by four of Paxton’s former top deputies that he fired them out of retaliation after they reported him to the FBI for alleged corruption in 2020. They alleged that he accepted bribes in exchange for abusing his office to help a friend and campaign donor, financially troubled real estate investor Nate Paul.

Those allegations became the basis for impeachment charges filed by the majority-Republican Texas House last year; the Texas Senate later acquitted the third-term Republican.

The state Supreme Court justices did not explain the denial. Justice Evan Young did not participate.

Two justices — John Devine and Jimmy Blacklock — dissented in part, saying they would have ordered the plaintiffs to depose lower-ranking officials first and then let the district court reconsider the necessity of Paxton and his top aides’ testimony.

With the high court’s denial Friday, Paxton and his aides have run out of appeals. Paxton’s attorney did not immediately respond to a request for comment.

See here for the previous update. SCOTx did not waste any time on this, which I appreciate. Like the whistleblowers’ attorneys, I look forward to seeing this asshole get put under the microscope; the attorneys expressed this opinion more delicately than I did. The deposition will happen sometime before February 9. Nate Paul has also been served and his testimony is scheduled for February 21, assuming he doesn’t try his luck with the courts to stop it. Good luck with that, pal. Reform Austin has more.

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Whitmire’s approach to HISD

Posted on January 14, 2024 by Charles Kuffner

It’s on brand, I’ll say that.

Mayor John Whitmire

Mayor John Whitmire met Monday with Texas Education Commissioner Mike Morath to reaffirm his support for Houston ISD’s appointed leadership, signaling a new approach from City Hall toward the state’s stewardship of the district as Whitmire begins his term as mayor.

Whitmire met with Morath to share “his views on the importance of HISD to the City of Houston and pledged that he and his new Education Advisor would assist the Houston Independent School District in any way possible,” according to mayor’s office spokesperson Mary Benton.

The mayor’s office did not divulge further details about the conversation, and said that Whitmire’s education adviser had not yet been named. The Texas Education Agency did not return a request for comment.

While Houston’s mayor has no formal authority over its school district, the relationship between mayor and superintendent has come under scrutiny as the city’s Democratic leaders have fought against the takeover of its school system by Republican Gov. Greg Abbott and his education commissioner, Morath. Morath, a former Dallas ISD trustee, is responsible for appointing former Dallas ISD Superintendent Mike Miles to HISD’s top post in June.

Former Mayor Sylvester Turner, a vocal supporter of former HISD Superintendent Millard House II, gave Miles the cold shoulder upon his arrival in Houston, regularly speaking out against Miles’ controversial reforms and ignoring an invitation to tour one of his New Education System schools, which underwent the most drastic overhauls.

Whitmire met with both Morath and Miles during his campaign for mayor and said he would lend whatever assistance was needed to Miles and his administration.

“The bottom line is the takeover has taken place, and it’s shameful to politicize that, politicize children’s education,” Whitmire said in November. “Let’s support the students, support the administration that has got the children’s best interests at heart, and go forward.”

[…]

Erin Baumgartner, director of the Houston Education Research Institute at Rice University’s Kinder Institute for Urban Research, said that it was fine for Whitmire to speak with Morath, but that ultimately, his relationship with Miles will be most important, given the localized control of Texas school districts.

Students’ and families’ needs go “beyond what a school district can offer,” Baumgartner said, and the mayor has the power to leverage resources toward transportation, public safety and social services in a way that improves their ability to receive a quality education.

“It’s really about the City of Houston recognizing HISD as a resource in our community and supporting the students that are in it,” Baumgartner said.

Robert Sanborn, president and CEO of the education policy nonprofit Children at Risk, said that Whitmire’s pragmatic approach toward relations with the TEA and the HISD leaders they appointed is a healthy step in the right direction for Houston children, but that Whitmire’s ultimate goal should be to expedite HISD’s return to local control.

“When you see Mayor Whitmire reaching out to them, it’s going to make a lot of people angry but it’s also the reality of what is happening, and to just abandon (HISD) and say ‘we don’t want them here so I’m not going to meet with them’ is probably not the right move,” Sanborn said. “However, the mayor’s clear message needs to be ‘let’s move it along, let’s stop with the takeover and move to get our own superintendent and our own board in there.'”

Whitmire told the Chronicle in November that his goal was to “make it work as best as we can and then get ’em out of town.”

I think we’re all familiar with the pros and cons of this approach. Maybe it’ll work, maybe he’ll get played. It’s too soon to say. At least in this case, as long as the Mayor keeps that focus on getting Mike Miles out of town, it should keep him pointed in the right direction. Beyond that, we’ll see.

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Dispatches from Dallas: Special year-end edition

Posted on January 14, 2024 by Charles Kuffner

This is a special edition of my friend Ginger’s “Dispatches from Dallas” series. I very much hope Ginger will be back to providing regular editions soon.

This is a quick wrap-up of the year-end news for 2023 from DFW and some predictions and forward-looking stories for 2024, brought to you by the music of LCD Soundsystem.

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