Judicial Q&A: Judge Alex Salgado

Posted on October 17, 2022 by Charles Kuffner

(Note: As I have done in past elections, I am running a series of Q&As for Democratic judicial candidates. This is intended to help introduce the candidates and their experiences to my readers. This year it’s mostly incumbents running for re-election, so it’s an opportunity to hear that talk about what they have accomplished. I am running these responses in the order that I receive them from the candidates. For more information about these and other Democratic candidates, including links to interviews and Q&As from the primary and runoff, see the Erik Manning spreadsheet.)

Judge Alex Salgado

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

My name is Alex Salgado and I am the current judge of Harris County Criminal Court at Law #1

2. What kind of cases does this court hear?

All class A and B misdemeanors, and the occasional Class C appeal.

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

When my colleagues and I took over the misdemeanor benches after the 2018 election and along with Judge Jordan who was already on the bench, we immediately settled the ongoing federal lawsuit and began working on a new bail system. We made the changes necessary to ensure people charged with a misdemeanor do not remain in custody solely because they cannot afford a bond. We have completely changed the way misdemeanor cases are handled when it comes to bail and the studies have shown that it is a success. More people are released while their cases are pending and do not have to sit in jail until their case is disposed, and more people are able to reach alternate resolutions other than a conviction on their cases. Despite what is being portrayed in the media, our misdemeanor bail reform has not led to increased violence, recidivism is low, and more and more people are able to leave the Harris County jail without having to take a guilty plea just to be released. The other main accomplishment is what my colleagues and I have recently started with the Bayou City Community Court. One of the goals of the Bayou City Community Court is to inform and assist those that are eligible in obtaining petitions for nondisclosure, which in turn helps people find jobs by minimizing the impact of any past criminal history. This program notifies people who are eligible to obtain petitions for non-disclosures and are then connected with services such as health screenings, job services, high school diploma/GED services, and local community colleges. It is a growing program and we plan to add more services in the future to help those who have been through the criminal justice system and have successfully completed their deferred adjudications and sentences.

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

I would like to see the Bayou City Community Court grow and provide other programs and services to those people who have successfully completed deferred, probations, and misdemeanor sentences. I would also like to continue decreasing the pending case count in my court. Since we took the bench, we have not had much normalcy in our day-to-day operations. We inherited the remnants of a judicial system affected by hurricane Harvey and then we had to deal with the Covid 19 pandemic. We are starting to operate at a more normal pace, such as setting trials and hearings every week, and I would like to continue to lower the number of pending cases. I have already implemented changes that I have noticed are working in reducing the pending case count. For example, when a case hits the 200 day mark, I have the attorneys (State and defense) approach me before being reset. I then make a decision on how long of a reset to grant based on the needs of the case (missing discovery, applications to pretrial interventions, completing classes for a dismissal), and I have noticed that when cases are brought up more frequently they tend to be disposed of quicker. I would perhaps expand on this method of resetting cases to see if it can continue reducing the number of pending cases in my court.

5. Why is this race important?

This race is important because if my colleagues and I do not win in November, misdemeanor bail reform will be done away with and the misdemeanor courts will be taken back to a day and age when people were forced to accept guilty pleas just go get out of jail. There has been progress made in the misdemeanor courts when it comes to bail reform, and the studies show that our reform is working; the facts back up the work we have done with misdemeanor bail reform. I do not want to see the criminal justice system taken back to a day when money equals freedom; non-violent misdemeanor cases should not be treated that way. Our laws provide that a person is innocent unless proven guilty and with our bail reform we are ensuring this law is applied universally to all people who are arrested for a misdemeanor.

6. Why should people vote for you in November?

After this term, I will have 13 years experience as an attorney. I have 9 years experience as a prosecutor and 4 years experience as the Judge of this court. My entire career has been devoted to criminal law, and for the past 4 years it has been devoted to criminal justice in the misdemeanor courts. I have the experience and passion to continue moving the misdemeanor courts in Harris County in the right direction. We do not need to go back to an archaic mindset where money equals freedom. People should have the opportunity to get out of jail while their cases are pending and get back to their families, jobs, school, etc. People should not be burdened with a final conviction for the rest of their lives simply because it was a means to walk out of the jail. I am the candidate to continue moving these courts forward and will continue to make sure that every person that comes before me is treated fairly and equally under the law.

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Today is a court day for Steven Hotze

Posted on October 17, 2022 by Charles Kuffner

As you may recall, local wingnut crackpot Steven Hotze was sued last May by air conditioner repairman David Lopez after a couple of Hotze goons led by former HPD Captain Mark Aguirre assaulted him on the road in an unhinged attempt to prove that he was somehow handling mail ballots from the 2020 election. In April of this year Hotze was indicted on charges of unlawful restraint and aggravated assault with a deadly weapon, and we have since learned more about his role in the attack.

What I had not seen before this weekend was anything new on that civil case. I’ve been sent a few court documents from it, which tell me that today there will be a hearing and that quite a bit has already happened.

The hearing today is about an objection by Hotze to a previous ruling that compels him to make a net worth disclosure to the plaintiff. Hotze, who as noted has been indicted for his role in the assault on Lopez, is trying to invoke the Fifth Amendment to prevent this disclosure. The plaintiff’s response to Hotze’s claim contains the following very interesting opening statements:

A. The Court has already determined, as a matter of law, that the Plaintiff has a substantial likelihood of success on the merits against Hotze. (See previous motion and court order).
B. Hotze cannot assert his Fifth Amendment rights to producing net worth documents.
C. Hotze fails to explain or prove why providing net worth would have anything to do with the criminal assault charges against him.
D. The Court’s net worth order does not invade the constitutional rights of Hotze. The only case cited by Hotze, Hoffman, is inapplicable to this case.

Emphasis mine. I don’t have any more information on that assertion, but it sure sounds to me like Hotze is in some doo-doo. You can see Hotze’s arguments here, in which he argues that the civil suit should wait until the criminal matter is resolved (among other things) and also adds this piece to the timeline:

On July 1, 2022, Lopez filed Plaintiff’s Motion to Compel Net Worth Discovery From Defendant Steve Hotze and Defendant Liberty Center For God and Country and Motion to ReDepose Defendant Steven Hotze Individually and as Representative of Liberty Center for God and Country, requesting, among other things, an order from this Court “allowing him to conduct net worth discovery, including, but not limited to, request for production and interrogatories propounded to Steven Hotze, Individually and The Liberty Center for God and Country and a deposition of Steven Hotze in both capacities.” (Plaintiff’s Motion to Compel p. 9) Plaintiff does not particularize the request, but, instead, makes a generalized request for discovery regarding “net worth.”

He also argues that Lopez has not met the standard to compel such a discovery. That was filed on August 10, the plaintiff’s response was filed on September 15, and the court overruled the objection on September 21. Hotze also made a writ of mandamus to the 14th Court of Appeals on September 9 to vacate the earlier order allowing net worth discovery and upholding the objection; it was denied on October 11. The notice of today’s hearing was given on August 31, and I’m a little confused by the order of operations, but here we are.

Anyway. If people who are more in the know want to look through these filings and fill in some blanks I would welcome the feedback. We know there’s a hearing today, and I hope there will be a news story after to help clear things up some more. If what you need right now in your life is to hear of a legal setback for Steven Hotze, I hope this suffices.

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Is this just the calm before the next COVID wave?

Posted on October 17, 2022 by Charles Kuffner

Things look good now, at least in the Houston area, but COVID never sleeps.

As the U.S. heads into a third pandemic winter, the first hints are emerging that another possible surge of COVID-19 infections could be on its way.

So far, no national surge has started yet. The number of people getting infected, hospitalized and dying from COVID in the U.S. has been gently declining from a fairly high plateau.

But as the weather cools and people start spending more time inside, where the virus spreads more easily, the risks of a resurgence increase.

The first hint of what could be in store is what’s happening in Europe. Infections have been rising in many European countries, including the U.K., France, and Italy.

“In the past, what’s happened in Europe often has been a harbinger for what’s about to happen in the United States,” says Michael Osterholm, director of the Center for Infectious Disease Research and Policy at the University of Minnesota. “So I think the bottom line message for us in this country is: We have to be prepared for what they are beginning to see in Europe.”

Several computer models are projecting that COVID infections will continue to recede at least through the end of the year. But researchers stress there are many uncertainties that could change that, such as whether more infectious variants start to spread fast in the U.S.

In fact, scientists are watching a menagerie of new omicron subvariants that have emerged recently that appear to be even better at dodging immunity.

“We look around the world and see countries such as Germany and France are seeing increases as we speak,” says Lauren Ancel Meyers, director of the UT COVID-19 Modeling Consortium at the University of Texas at Austin. “That gives me pause. It adds uncertainty about what we can expect in the coming weeks and the coming months.”

However, it’s not certain the U.S. experience will echo Europe’s, says Justin Lessler, an epidemiologist at the University of North Carolina who helps run the COVID-19 Scenario Modeling Hub.

That’s because it’s not clear whether Europe’s rising cases are related to people’s greater susceptibility to new subvariants they’ve not yet been exposed to. In addition, different countries have different levels of immunity.

“If it is mostly just behavioral changes and climate, we might be able to avoid similar upticks if there is broad uptake of the bivalent vaccine,” Lessler says. “If it is immune escape across several variants with convergent evolution, the outlook for the U.S. may be more concerning.”

In fact, some researchers say the U.S. is already starting to see early signs of that. For example, the levels of virus being detected in wastewater are up in some parts of the country, such in Pennsylvania, Connecticut, Vermont and other parts of the Northeast. That could an early-warning sign of what’s coming, though overall the virus is declining nationally.

“It’s really too early to say something big is happening, but it’s something that we’re keeping an eye on,” says Amy Kirby, national wastewater surveillance program lead at the Centers for Disease Control and Prevention.

But infections and even hospitalizations have started rising in some of the same parts of New England, as well as some other northern areas, such as the Pacific Northwest, according to Dr. David Rubin, the director of the PolicyLab at Children’s Hospital of Philadelphia, which tracks the pandemic.

“We’re seeing the northern rim of the country beginning to show some evidence of increasing transmission,” Rubin says. “The winter resurgence is beginning.”

As the story notes, we’re overall in a much better place because there’s a lot more immunity thanks to vaccinations and our previous high rate of infections. The COVID levels in wastewater here is low now, and while we’re hardly a leader in vaccinations, we at least have warmer winters so there are still plenty of opportunities to be outside, and fewer times where you have to be congregated inside. But also, not nearly enough people have had their bivalent boosters yet, and there are concerns about the flu season. So, you know, remain appropriately cautious – masking in places where you used to have to mask is still an excellent idea – and get those shots.

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Weekend link dump for October 16

Posted on October 16, 2022 by Charles Kuffner

Don’t let the bastards get you down, Kate Starbird. Hang in there and I hope there’s an effective way to fight back as well.

“As voters cast ballots in the 2022 midterms, they face significant changes in the voting rights landscape since 2020. 2021 was a record-breaking year for legislative activity around voting rights, and many of the same trends have continued into 2022.”

All efforts to avoid the future robot apocalypse are appreciated.

“The lies are louder. The facts are not getting across.”

“Scientists Have Discovered a New Set of Blood Groups“.

“However, once I’ve smoothed out the lines a bit and added trendlines, the conclusion is pretty obvious: on a national level, fear of crime is either flat or going down. There’s no sign at all that people are increasingly interested in security equipment.”

“These views do not square with cold utilitarianism. You can’t insist that every fertilized egg is a human being and then fail to condemn Herschel Walker, who, from that perspective, almost surely paid to kill another human being. At least, you can’t do so and expect to retain any moral high ground.” As Amanda Marcotte points out, the kids – as in, the kids raised in these “pro-life” households, whose parents are now defending Herschel Walker, are watching. And a lot of them get very disillusioned by this.

RIP, Nikki Finke, entertainment journalist and founder of Deadline.

Always be claiming to be victimized. It’s the manly thing to do.

The Flintstones was not a documentary.

If Game of Thrones was a “Homeric tale”, then House of the Dragon is more of a Greek tragedy. I’ve really enjoyed it so far.

“A Study Finally Shows Just How Much Deadlier COVID Has Been for Republicans“. Blame anti-vaxxers.

That’s right, you’re not from Texas. Or so the lawsuit says.

Wait, Tulsi Gabbard still exists?

Boy, The Former Guy sure does like surrounding himself with shady characters. I wonder why?

“What does Sean Hannity find so offensive about unconditional love exactly?”

RIP, Angela Lansbury, legendary star of stage, screen, and TV. Her passing caused Jerry Orbach to trend on Twitter, as people were amazed to discover that Lennie Briscoe and the dad from “Dirty Dancing” was also the voice of Lumiere from “Beauty and the Beast”. Here’s a fantastic video clip of Lansbury and Orbach recording “Be Our Guest”, which I guarantee you will enjoy.

“Connecting reparations — the concept of compensating Black Americans who are the descendants of enslaved people for the inhumane suffering of their ancestors — with people who commit crimes https://www.cnn.com/2022/10/10/opinions/tommy-tuberville-reparations-democrats-crime-obeidallah/index.html — and way beyond a dog whistle.”

“According to a consumer survey published by accounting firm KPMG, 20 percent of respondents say inflation has already inspired them to cancel at least one streaming service. And if inflation continues at its current rate, 37 percent of respondents said they plan to drop one or all of their streaming subscriptions. (What will they do with themselves?)”

I would have really preferred to live in a world in which Bill Murray was not a jackass and a sex pest. Alas, that is not the world I live in.

“While there have been conflicting reports on the impact of the Jan. 6 hearings, our polling has been more conclusive. Since the hearings began, more Americans have come to view Jan. 6 as a violent attempt to overthrow the government and more Americans now see the committee’s findings as legitimate.”

Now this is justice.

“What was once believed unthinkable is now a reality: Netflix with ads is here.”

RIP, Bruce Sutter, Hall of Fame relief pitcher primarily for the Cubs and Cardinals.

RIP, Robbie Coltrane, BAFTA-winning actor best known as Hagrid from the Harry Potter movies.

“All the owners hate Dan.”

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There may be a county budget deal available

Posted on October 16, 2022 by Charles Kuffner

I don’t trust anything Commissioners Cagle and Ramsey say, but we’ll see.

The two Republican members of Harris County Commissioners Court said Friday they would attend a special meeting Monday to discuss a compromise tax rate proposal by Precinct 2 Commissioner Adrian Garcia, potentially ending a monthlong impasse that has held up budgetary decisions and become a significant issue in November’s county judge and commissioners races.

Precinct 4 Commissioner Jack Cagle said he would attend the meeting if he was assured no vote would take place.

The county attorney’s office confirmed Friday afternoon that the purpose of the meeting is for court members to have a discussion and that no final vote on a tax rate can occur.

Precinct 3 Commissioner Tom Ramsey announced he would attend the meeting a short time later.

The two Republican commissioners have skipped the last three Commissioners Court meetings to block the three Democrats on the court from adopting a property tax rate. They view the Democrat-supported rate as too high at a time residents are dealing with the highest inflation in years amid the ongoing COVID-19 pandemic. They also want the county to fund more law enforcement.

Garcia’s proposal, unveiled in a Friday morning news conference, would set the overall property tax rate at 56.3 cents per $100 of assessed value, 1.2 cents lower than the rate originally proposed by the Democratic majority.

The current overall county tax rate is 58.1 cents per $100 of assessed value.

Under the rate of 57.5 cents originally proposed by the Democrats, the owner of a $250,000 home with a standard 20 percent homestead exemption would save about $12 in the first year, assuming the appraised value was unchanged from the previous year.

Under Garcia’s proposal, that homeowner would pay $36 less.

Garcia’s plan calls for an additional $20 million to hire 200 additional law enforcement officers, echoing Precinct 3 Commissioner Tom Ramsey’s call for 200 additional law enforcement “boots on the ground.” It also includes a 2.5 percent pay increase for law enforcement officers.

“Today I make you my final offer,” Garcia said. “It checks every box that each of my colleagues has stated as a priority. … If my Republican colleagues continue to refuse to show up to work, it proves, once and for all, they had no intention on getting any deal done.”

State law requires a quorum of at least four members to set the property tax rate. The court has until Oct. 28 to set the tax rate. Failure to come to an agreement would force the county to adopt what is known as the “no new revenue rate,” a levy that generates the same amount of money as the previous year. In Harris County’s case, the no new revenue rate would include an additional $45 million from developed properties added to the tax roll this year.

Again, this is a legislative minority getting to set the terms because of an anti-majoritarian component of our state constitution. If we are going to bring up the quorum-busting by Democratic State House members again, I will remind you that 1) unlike the State House Dems, Commissioners Cagle and Ramsey can do their thing from the comfort of their homes – they do not have to flee to another state to avoid being detained by the cops and dragged back to the county courthouse; and 2) the Republican legislative majority eventually got everything they wanted and all they had to do was wait it out, while the Democratic Commissioners Court majority has no choice but to negotiate. Either way, they cannot do what they would have done if the two Republican Commissioners didn’t have this power. These are two very different situations.

As far as the fear that somehow the three Democratic members of Commissioners Court will suddenly appear, gavel them into an official meeting, and pass their preferred budget before they can abscond again, the following is from the Harris County Attorney’s office:

Harris County Commissioners Court has issued a notice for a special meeting on Monday, October 17 that will focus on proposed tax rates and changes to the budget.

In response to members of court claiming they will skip the meeting because of concerns that a tax rate may be adopted, Harris County Attorney Christian D. Menefee issued the following statement:

“There is no ‘vagueness’ about whether Commissioners Court can adopt a tax rate at Monday’s special meeting. The answer is no. Nor does the court having the Monday meeting mean that they could adopt a tax rate at some subsequent meeting with fewer than four members present.

If any member of court plans to skip Monday’s meeting, they should be honest about why, and not claim that they’re doing so out of fear that a tax rate could be adopted.”

State law requires that prior to a Commissioners Court holding a tax hearing those rates must first be noticed to the public at least 5 days prior to the hearing. Any vote to adopt those rates must take place after the hearing but not later than 7 days after the hearing.

Like I said, we’ll see. I don’t trust these guys and neither should you. Even if there’s an agreement reached, it was done under ridiculous circumstances. The Adrian Garcia deal, if that’s what we get, is fine as it is, it’s the process that’s the problem.

Posted in Local politics | Tagged , , , , , , , , , , , | 3 Comments

New regulations for outdoor music events proposed

Posted on October 16, 2022 by Charles Kuffner

Good idea, but it feels to me like there ought to be more.

Houston is considering tightening up permitting requirements for some large outdoor music events to avoid wasting city resources accommodating last-minute notices.

On Thursday, officials from the Houston police and fire departments went before City Council’s Public Safety and Homeland Security Committee to discuss proposed revisions to how the city regulates special events. The suggested changes would apply only to outdoor music events with more than 500 attendees that take place on private property.

Meanwhile, regulations concerning events on public property, which have garnered considerable attention following the Astroworld tragedy last year, have not undergone significant changes, according to city officials.

Outdoor music events on private property currently are not subject to the same level of review and monitoring as those on public land, according to Susan Christian, director of the Mayor’s Office of Special Events. The latest proposal is aimed at closing that gap, she said.

Under the proposal, organizers would have to outline a detailed safety plan and submit permit applications at least 60 days prior to the event or pay a late fee. Organizers who violate any requirements could be on the hook for extra public expenses incurred by the city in connection with the event.

The proposal was prompted by a rising number of incidents in recent years in which organizers did not inform the city of their plans in a timely manner — often not until days before the events took place — sometimes resulting in thousands of dollars in additional costs for city staff and first responders, Christian said.

“A lot have happened since COVID, and we’ve seen on several occasions where this particular issue arises that has cost us a lot of money and pulled resources away,” Christian said. “We just need some help so that we’re not having to stop everything we do with some of these bad players.”

Seems reasonable. I’m a little puzzled by the statements about events on public property not getting any significant changes, but maybe there’s a semantics issue in there. There is a city-county task force reviewing “procedures, permitting and guidelines for special events”, which may still have something to say. There was also a state task force that issued some recommendations about permitting, which may or may not have any effect. I don’t know if any of this is enough, but I do want to know that everything is being reviewed and nothing is off the table.

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Microbreweries are getting back on track

Posted on October 16, 2022 by Charles Kuffner

A bit of good news.

Texas craft breweries rebounded in 2021, a promising sign after the pandemic staggered the industry.

The state of beer: Of the state’s 10 largest breweries, seven increased production in 2021 compared with 2020, according to an Axios analysis of data from the Brewers Association.

Just one Texas brewery — Spoetzl Brewery — saw a year-over-year decline in production, but the Shiner-based brewery continues to see the highest sales in the state, with more than 500,000 barrels sold last year.

  • The state also saw 12 breweries close and 45 open, the data shows.

The big picture: The craft beer industry grew by 8% in 2021, while the overall market moved up 1%. Texas placed two breweries — Saint Arnold and the brewer of Shiner — among the nation’s 50 largest.

  • Yes, but: The rebound could be hampered by supply chain problems and a carbon dioxide shortage caused by contamination at an extinct volcano in Mississippi.

Yes, the CO2 shortage. Hopefully that will get worked out soon. You’d think of all the things on this planet we would not be short on that would be it, but here we are. I’d like to see this same reporting done on a more local level, say a Houston story about how all of the microbreweries in our area are doing now. There could be a lot of variance, based on size or location or business capability or just dumb luck. The growth of small breweries in Texas has been a huge success story, we should know more about how it’s going now this far into the COVID era. But at least at a high level, things are looking up.

Posted in Food, glorious food | Tagged , , , , , , , | 1 Comment

Treasury Department investigating DeSantis

Posted on October 15, 2022 by Charles Kuffner

Noted for the record.

The Treasury Department is now investigating whether the taxpayer money Florida Gov. Ron DeSantis (R) spent to fly Venezuelan migrants to Martha’s Vineyard for political theater last month came from federal COVID-19 relief.

Richard Delmar, the department’s deputy inspector general, sent a letter to a congressional delegation of Massachusetts lawmakers on Friday saying that his office was reviewing Florida’s use of the Coronavirus State and Local Fiscal Recovery Fund (SLFRF) that was established by the American Rescue Plan.

“We will review the allowability of use of SLFRF funds related to immigration generally, and will specifically confirm whether interest earned on SLFRF was utilized by Florida related to immigration activities, and if so, what conditions and limitations apply to such use,” Delmar wrote.

The Treasury official said the department planned to “get this work underway as quickly as possible.”

Delmar’s letter, which was released by Sen. Ed Markey (D-MA) on Wednesday, came in response to the request Markey and five other Massachusetts lawmakers had sent on Sept. 16 asking for a probe into DeSantis’ potential abuse of the aid.

“States should not be permitted to use COVID-19 relief funds for any parochial interest unrelated to the pandemic, particularly for naked political conduct that imposes severe and unjust harms on disadvantaged groups of individuals,” the lawmakers wrote.

While the $12 million DeSantis poured into the gambit didn’t come directly from Congress’ COVID-19 relief funds, it did come from the interest his state had earned off the aid, per the Washington Post.

See here and here for some background. Daily Kos adds some details.

The civil rights organization Southern Poverty Law Center (SPLC) had this past June urged the Treasury Department to open a probe into the Florida governor. DeSantis had not yet launched his cruel stunt dumping migrants across the country, but he had been seeking to use $12 million in federal coronavirus funding to aid his anti-immigrant platform. SPLC had warned in its letter that the “proposed misuse of these funds reinforces anti-immigrant policies,” as well as “sets a dangerous precedent.”

Damn, was that on money. DeSantis had already signaled last fall that he was going to make a scandal out of entirely routine flights that the federal government carries out, including under the insurrectionist president. When that didn’t stick long enough to his liking, he went to Texas to just carry out his own flights.

Markey’s office said it has been in contact with federal, state, and local officials regarding DeSantis’ cruel transportation of dozens of migrants to Martha’s Vineyard, with support from nonprofits like the Massachusetts Immigrant and Refugee Advocacy Coalition and the Venezuelan Association of Massachusetts. Markey’s office noted efforts to ensure that vulnerable children and adults transported by DeSantis from Texas to Massachusetts have been met with “continued care.”

DeSantis is not the only anti-immigrant governor under investigation by the Treasury watchdog, as a matter of fact. This past spring, Delmar said the department would be launching a probe into whether Texas Gov. Greg Abbott misused federal pandemic funds to keep his illegal Operation Lone Star border stunt operational. The Washington Post reported possible misuse of as much as $1 billion.

Congressional lawmakers led by Texas’ Joaquin Castro and Veronica Escobar had urged the watchdog to investigate Abbott using federal funds like his personal ATM for racist hate, writing that he was diverting money from critical public sector resources. “It is negligent and irresponsible for Governor Abbot to direct additional funding to Operation Lone Star, especially if the funding in question was intended to help Texans rebuild from the pandemic,” they wrote.

This story has just a tangential Texas connection, but I’m following it anyway out of sheer curiosity. Mostly, I want to see if it’s even possible for there to be consequences for would-be authoritarians like DeSantis, who will otherwise keep pushing boundaries since there’s apparently nothing to stop them. Along those lines, we also have this.

Bexar County Sheriff Javier Salazar on Thursday certified that 49 migrants who were flown to Martha’s Vineyard by Florida Gov. Ron DeSantis last month were victims of a crime. The move clears a pathway for those migrants to get a special visa to stay in the country that they otherwise would not have received.

Rachel Self, a Massachusetts attorney working with the migrants, told radio station WGBH that the move by Salazar is a key part of the migrants’ applications for a “U visa,” which is reserved for victims of crime or people who witnessed a crime. In a statement, Salazar said his office had submitted documents with the federal system “to ensure the migrants’ availability as witnesses during the investigation.”

Attorneys like Self are seeking the visas for the migrants on the grounds that they were taken to Martha’s Vineyard under false pretenses.

“Based upon the claims of migrants being transported from Bexar County under false pretenses, we are investigating this case as possible Unlawful Restraint,” Salazar said in a statement.

Salazar said his office has identified witnesses in the case but could not release their names because the investigation is ongoing.

DeSantis’ office did not immediately respond to a request for comment. Salazar’s statement hinted that no action would be taken against the Republican governor, saying that “only those who were physically in our jurisdiction at the time of the offense are considered suspects.”

While it is no surprise that there were laws broken in this process, the idea that DeSantis himself could have been targeted by law enforcement was always a big stretch. He’d have plenty of cover even if there were a good circumstantial case to be made. Maybe if Perla does some singing if and when she’s ever hauled in, that could change, but again I would not bet on it. Perhaps just the idea that his own actions led to these migrants getting a long-term stay in the country will serve as a deterrent to future stunts like this by DeSantis. I’ll take what I can get. The Current has more.

UPDATE: Things get even more complex.

District of Columbia Attorney General Karl Racine has opened an investigation into whether southern border state governors misled immigrants as part of what he called a “political stunt” to transport them to Washington.

Racine told ProPublica and The Texas Tribune his office is examining whether immigrants were deceived by trip organizers before boarding buses for Washington, including several hundred who were bused from Texas under instructions from Gov. Greg Abbott and dropped near the official residence of Vice President Kamala Harris. Racine’s office has the authority to bring misdemeanor criminal charges or to file civil fraud cases.

Racine said that in interviews with his investigators, arriving immigrants “have talked persuasively about being misled, with talk about promised services.” He offered no specifics about the inquiry, including whether it is being handled by his office’s criminal or civil divisions. The attorney general’s office declined to answer further questions.

Various state and federal laws could apply to transporting immigrants across state lines. Racine’s office could look into whether anyone committed fraud by falsely promising jobs or services, whether there were civil rights violations or whether officials misused taxpayers’ money.

[…]

Racine’s involvement ratchets up the pressure on the governors over their actions.

Elected as a Democrat, Racine criticized the Republican governors for using “people as props. That’s what they’ve done with the immigrants.”

Racine’s office can prosecute certain misdemeanors, and felonies are handled by the U.S. Attorney’s Office. But its highest profile work has been bringing civil fraud lawsuits against nonprofits and businesses. In May, it reached a $750,000 settlement in a lawsuit against former President Donald Trump’s inaugural committee, alleging that it had abused donors’ funds by overpaying for rentals at the Trump International Hotel.

The governors have said they have done nothing wrong in transporting immigrants to “sanctuary cities” that may be better equipped to care for them. They say they want the rest of the nation to share the burden of what they call the Biden administration’s open border policies.

[…]

Domingo Garcia, president of the League of United Latin American Citizens, an advocacy group, said that some immigrants who were sent from Texas to Harris’ residence in Washington have told his team they were misled about their final destination. The immigrants believed they were bound for Union Station, the city’s central transportation hub, where many hoped to connect with family or trains and buses to other locations. Instead, he said, they were dropped off at about 6 a.m. in an unfamiliar spot, where a church group quickly organized to pick them up.

“I think they are being tricked and being used,” Garcia said.

Since the spring, buses have arrived almost daily at Union Station, where immigrants can now seek support from a new city Office of Migrant Services. So far, Texas taxpayers have spent about $14 million on migrant transportation, according to state records. Buses into Washington have continued in recent days, with several additional arrivals at the vice president’s residence.

As I said above, I don’t know how much actual accountability this can force, but it’s something.

Posted in La Migra | Tagged , , , , , , , , , , , , , , , , , , , | 2 Comments

New sexual harassment lawsuit filed against Deshaun Watson

Posted on October 15, 2022 by Charles Kuffner

Number 26, that we know of.

A new sexual assault lawsuit has been filed against former Texans quarterback Deshaun Watson, accusing him of pressuring a Houston massage therapist into giving him oral sex.

The lawsuit was filed in Harris County on Thursday afternoon by a woman identified only as Jane Doe. She is represented by Houston attorney Anissah Nguyen.

The lawsuit accuses Watson, who is now the quarterback of the Cleveland Browns, of reaching out to the woman through Instagram in December 2020, arranging a meeting in a hotel room and then her pressuring into the sex act. The woman is seeking damage for physical and mental pain and suffering and loss of earnings, among other things, according to the lawsuit.

“Watson used his celebrity to take advantage of a young woman working hard for her success,” the lawsuit said. “Due to his behavior, she has suffered from severe depression and anxiety. Plaintiff is currently seeking counseling.”

[…]

Watson was previously sued by two dozen women, who made similar allegation he assaulted and harassed them. He has denied the allegations and has not been charged with any crimes. Since June, Watson has reached settlements with 23 of 24 the women who accused him of assault. In July, the Houston Texas reached settlements with 30 women preparing to sue the team over their role in the allegations against Watson.

See here for more on the other active lawsuit against Watson. As ESPN notes, there was a lawsuit that was dismissed in addition to the now-two active ones and the 23 settled ones, which is how we get to 26. We had heard about two more potential suits against Watson back in June; it’s possible this is one of those two, but I note that this plaintiff is not represented by Tony Buzbee, so who knows. Based on previous reporting, the possibility exists that even more could be filed. This is a reminder that no matter how much you don’t want to think about Deshaun Watson, we still have to think about Deshaun Watson.

Posted in Legal matters | Tagged , , , , , , , , , , , | 2 Comments

So many abortion clinics have closed

Posted on October 15, 2022 by Charles Kuffner

Most of them are in Texas.

More than half of the 23 abortion clinics in Texas have closed since the U.S. Supreme Court overturned Roe v. Wade in June, according to a new report.

Twelve clinics have shuttered their operations entirely in the state, and the rest have focused on other services, which could include cancer screenings, STI treatments and contraception, according to the review by the Guttmacher Institute, which studies reproductive health access. The count did not include a list of clinics that have closed.

Nearly half of the 26 abortion clinics that have closed nationally since the court’s decision were in Texas, according to the report.

[…]

In the wake of the Supreme Court decision, which lifted federal abortion protections, several independent abortion providers announced they were relocating their Texas operations to states where the procedure is still allowed. Whole Woman’s Health, which is moving its Texas operations to New Mexico, had worked in Texas for nearly 20 years, with clinics in Austin, McAllen, Fort Worth, and McKinney before this summer.

Whole Woman’s Health now offers a program in which Texas patients who are up to 11 weeks pregnant can go to New Mexico or four other states for a telemedicine appointment and pick up prescribed abortion medication in that state. It also plans to open a physical clinic in New Mexico and is in the process of searching for a building.

“We know the same amount of people in the community we serve still need abortion care,” said Amy Hagstrom Miller, the group’s founder and CEO. “The ban doesn’t do anything to prevent unplanned pregnancies; it just keeps people from getting professional medical care.”

Two things to keep in mind here. One is that the number of clinics in Texas at the time of the Dobbs decision was already way down from the early 2010s. This is because of the the anti-abortion law that was passed in 2013, the one that Wendy Davis famously filibustered against, which was aimed at regulating clinics out of business; this was a prime example of a so-called TRAP law, which stood for “targeted restrictions (or regulations) on abortion providers”. You know, the law that forced abortion clinics to transform themselves into ambulatory surgical units and did things like require minimum corridor widths, under the bullshit guise of “safety”. The Supreme Court in 2015, which still had Anthony Kennedy on it, threw out this law on the grounds that it was a lying pile of baloney that did nothing to actually promote safety and put an “undue burden” on the providers. (The case was Whole Women’s Health v Hellerstedt, you may have heard of it.) For a brief shining moment, clinics and abortion advocates in Texas began making plans to sue the state over other restrictive laws that this decision would have rendered unconstitutional.

And then 2016 happened, and we know the rest. But the point is that in between the passage of the 2013 TRAP law and the 2015 Hellerstedt decision, more than half of the clinics that had provided abortions in Texas had closed. None, as far as I know, had reopened following Hellerstedt, though going by the numbers in both stories it’s likely some new places began offering abortion services. However you slice it, the number of clinics that were around to close this year was down sharply from less than ten years ago. We were already a state where getting an abortion was exceedingly difficult to do for many women.

What this all means is that even if Democrats manage to fill the inside straight and put themselves in a position to re-establish abortion rights nationwide in 2023, we’re a long way off from abortion being readily available in Texas again. That process could take a decade or more, and that’s assuming that Republicans don’t gain a trifecta and do a national abortion ban or some other horrible thing. We have some hope of making the laws right again. Getting back to where we were, let alone where we need to be, that is a much longer-term project. Daily Kos has more.

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Endorsement watch: You have to want it first, part 2

Posted on October 15, 2022 by Charles Kuffner

The Chron endorses Jay Kleberg for Land Commissioner over his no-show opponent.

Jay Kleberg

This year’s campaign for land commissioner is a battle over the job description for the state’s oldest public office. The Texas General Land Office manages disaster relief, helps with school funding, leads the Veterans Land Board and stewards the state’s 13 million acres of public land.

Between state Sen. Dawn Buckingham, a Republican, and Democrat Jay Kleberg, voters have a choice between starkly different visions. Buckingham, 54, has focused her campaign on border security, combating inflation and “fighting the Green New Deal.” Kleberg says the job ought to be focused on the basics of the office — “anything else is a distraction,” he has said on the campaign trail — and he believes Texas ought not run away from clean energy or from responding with urgency to climate change.

In an interview with the editorial board, Kleberg, 44, contended that his opponent’s focus areas are her way of angling for higher office. Buckingham declined to participate in the meeting.

“The message I deliver to people is that I actually want to do this job,” Kleberg told us. “It’s an expansive enterprise. It doesn’t have to be a political steppingstone. It doesn’t have to be mired in politics. Whether it be land management, education, veterans, coastal protection or energy, these are things that I think most Texans can rally around.”

We agree, and that is why we support Kleberg’s candidacy.

You can find my interview with Jay Kleberg (and also Janet Dudding) here. It’s easy to believe what he’s saying about what he wants to do as Land Commissioner. For what it’s worth, Dawn Buckingham is quoted in the piece saying something to suggest she would not try to screw Houston and Harris County out of future federal relief funds, which is better than what we have now – admittedly, a very low bar to clear. The Trib has a profile of the candidates and overview of the race, in which Buckingham also did not participate; she does appear to have deigned to respond in this Chron story on the race. I dunno, you want a job, you should be willing to talk about it. I’m just saying. Anyway, vote for Jay Kleberg.

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Judicial Q&A: Judge Tonya Jones

Posted on October 14, 2022 by Charles Kuffner

(Note: As I have done in past elections, I am running a series of Q&As for Democratic judicial candidates. This is intended to help introduce the candidates and their experiences to my readers. This year it’s mostly incumbents running for re-election, so it’s an opportunity to hear that talk about what they have accomplished. I am running these responses in the order that I receive them from the candidates. For more information about these and other Democratic candidates, including links to interviews and Q&As from the primary and runoff, see the Erik Manning spreadsheet.)

Judge Tonya Jones

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

My name is Tonya Jones and I have the honor and privilege of serving as the presiding judge of Harris County Criminal Court at Law No. 15.

I am a native Houstonian and graduated Baylor University and Southern University Law Center in Baton Rouge, LA. Prior to my election to the bench in 2018 I worked mainly as a criminal defense attorney in both Harris and Fort Bend County. My then practice also included family law and personal injury.

2. What kind of cases does this court hear?

Court 15 is one of sixteen county criminal courts at law that serve the citizens of Harris County. This court has jurisdiction over class A&B misdeamenors, as well as appeals from justice of the peace and municipal courts. Some class A&B misdemeanors include driving while intoxicated, theft, assault, an burglary of a motor vehicle.

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

Collectively my colleagues and I accomplished great things collectively while in the first term on the bench. The historic s O’Donnell lawsuit was settled which help to eliminate unconstitutional bail practices in the misdemeanor courts as well as insure due process and timely evidentiary hearings. From that litigation several useful pilots were created including Cite and Release Court, Open Hours Court, and the Managed Assigned Counsel program. We have really worked hard to eliminate some of the most crippling obstacles that made court appearance yet another hurdle to clear.

I’m most proud of the creation of the B.A.Y.O.U. City Community Court, which includes the Fresh Start Program. BAYOU is an acronym which means “bringing knowledge to you with outreach and understanding”. The first program under that initiative is the Fresh Start Program where we have partnered with the public defender’s office as well as other community organizations to assist non-violent offenders with non-disclosures where applicable.

I have also successfully reduced my case backlog from 2300 to below 1800 active cases pending.

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

I hope to expand the BAYOU City Community Court and continue to reduce my case backlog to what it was pre-pandemic and Harvey.

5. Why is this race important?

This race is important because it will either solidify and build upon the great strides my colleagues and I have made in criminal justice or completely erase those efforts. We have transformed the criminal justice system in many ways and have demonstrated a commitment to progressive policies. I want the opportunity to continue this work for all the residents of Harris County.

6. Why should people vote for you in November?

People should vote for me in November because I have delivered on the promises I made in 2018. I have demonstrated a commitment to leadership in the administration of justice, not only in Court 15, but all county courts at law, having been elected as the Local Administrative Judge for the 20 County Courts at Law. I have consistently come up with ways to increase case management efficiency and utilized all the resources available to combat case backlog without doing so at the expense of due process. I have remained flexible and versatile under extreme and unprecedented conditions and have worked extremely hard with my court team and other stakeholders to improve access to justice and efficiency. I’ve remained active and involved in diverse communities throughout the county as well as opened the courts to young people interested in the practice of law. I’ve done the work but there is more to be done and I want the opportunity to continue.

Posted in Election 2022 | Tagged , , , , | 1 Comment

Houston City Council approves its new map

Posted on October 14, 2022 by Charles Kuffner

Now we wait for the lawsuit(s).

City Council on Wednesday approved new boundaries for the city’s 11 districts for the 2023 elections, featuring modest adjustments affecting parts of downtown, Braeburn, Greater Inwood and a few areas in southeast Houston.

The new boundaries aim to balance district populations based on the latest census data.

By law, the most populous district should not have more than 10 percent more residents than the smallest district. Based on the 2020 census, Districts C and G need to give up some neighborhoods. Districts H, I and J, on the other hand, have lost too many constituents and need to expand. Overall, fewer than 3 percent of the Houston’s 2.3 million residents will change districts.

The redistricting plan had gone through several iterations based on months of internal discussions and public feedback. On Wednesday, four council members also offered amendments to the proposal, three of which were successful.

Despite the majority support for the new maps, council had to vote twice to approve them after it was revealed late Wednesday that the city secretary called out the wrong agenda item before the council voted during the morning session.

The council reconvened at 6 p.m. for a public hearing on a proposed bond election. Following the hearing, which drew no speakers, the council confirmed the new maps by a 14-2 vote, with District I Councilmember Robert Gallegos and District E Councilmember Dave Martin dissenting.

[…]

City Demographer Jerry Wood said throughout the design process he had to juggle competing interests from council members and the public and was unable to accommodate some requests.

“If you go into this thinking that you’re going to make everybody happy, you’re going to be sorry for thinking that,” Wood said. “If you go into this thinking that you’re going to make as few people unhappy as possible, then you might have some success.”

See here for some background. The map I’ve embedded is from the early part of the process and doesn’t include any of the changes made at that Council meeting, so go here for the latest details. CM Gallegos has some issues with the process and with an amendment that affected District I; the story did not say why CM Martin voted no. Overall, this was pretty painless, certainly easier than it was in 2011 when we had to add two new districts. That doesn’t mean there won’t be legal issues:

Much of the discussion around redistricting has centered on the lack of Hispanic representation at City Hall.

While about 45 percent of Houston residents are Hispanic, Gallegos of District I is the only Hispanic council member out of the 16, even though the city previously created two other Hispanic-opportunity districts, H and J.

The League of United Latin American Citizens (LULAC), one of the largest Hispanic civil rights organizations in the country, has promised to sue the city over what its advocates characterize as a gross underrepresentation of Latinos on the council.

The goal of the lawsuit is to replace the city’s five at-large seats, which represent voters citywide, with single-member seats, which cover a certain geographical area, to improve minority representation.

The city has hired a law firm in anticipation of the legal challenge.

“We are asking for equity and fairness, and we just don’t have that with the current districts,” said Sergio Lira, a Houston-based leader with the organization. “That’s why we are filing the lawsuit to push for changes.”

Some are worried that Kamin’s amendment could have an adverse effect on Hispanic votes.

The areas set to move to District H instead of Freedmen’s Town, have high percentages of Hispanic constituents, but are experiencing gentrification and are expected to see a decline in Hispanic populations in the following years, according to Wood.

Gallegos said that he did not originally agree with LULAC’s demand to abolish Houston’s at-large seats, but in light of these new developments, he plans to work closely with the organization to advance its cause.

“After what happened this morning, I agree that we need all single-member districts to make sure that we have the representation we need,” he said.

See here for some background. I don’t have anything to add to what I wrote then. I think the plaintiffs would have a decent chance of prevailing if they file, but it’s not a slam dunk. An alternate possible outcome would be to agree to move City Council elections to even-numbered years, as the natural boost in turnout would create a more diverse electorate and thus could raise the chances of Latino candidates in citywide races. That was one of the things that happened in Austin, in addition to the switch to districts from At Large; their elections had been in May of odd years, for maximal non-turnout. Greg Wythe wrote on this topic some years ago at his sadly defunct blog, and it’s stuck with me ever since. There are good reasons to keep city elections in the odd years – Lord knows, we have enough to vote on in the even years, and putting them in the even years would very likely make them more overtly partisan – I’m just saying it’s a possible option. We’ll see what happens.

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

More big money in the Governor’s race

Posted on October 14, 2022 by Charles Kuffner

Thirty day reports are in.

Gov. Greg Abbott and Beto O’Rourke continue to shatter fundraising records in Texas with over $200 million that is funding a statewide ad war as the state’s most competitive governor’s race in decades heads into its final four weeks.

Both candidates reported raising another $25 million over the last three months of the campaign, adding to the combined $150 million they had previously reported raising.

O’Rourke now has raised $66 million for his campaign — a record for any Democratic candidate for governor in Texas. That tops the more than $40 million Democrat Wendy Davis raised in 2014 against Abbott. In 2002, Laredo Democrat Tony Sanchez spent $76 million in his failed bid against Republican Rick Perry, but more than $60 million of that came from the billionaire’s own fortune.

“I’m grateful for everyone who helped raise $25.18 million in just three months as we support the work of our organizers and record-breaking 100,000 volunteers,” O’Rourke said.

O’Rourke is still far behind Abbott, who reported raising $25 million over the last three months and now has raised $134 million since he began collecting donations for his re-election in 2019. No candidate for governor in Texas history has raised more.

Abbott’s cash on hand advantage is also gone, though that may depend on when they did some spending. It’s complicated. Look, the bottom line is that Beto raised a ton of money and was basically even or a bit ahead of Abbott on that score over most of this year. Whatever happens, that’s pretty good. The Observer has more.

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Endorsement watch: Yeah, I’m still mad

Posted on October 14, 2022 by Charles Kuffner

Here’s that Chuck Crews endorsement I thought we were going to get on Wednesday instead of that giant turd the Chron gifted us with.

Chuck Crews

State Rep. Briscoe Cain’s three terms in the Texas House could charitably be described as harmful buffoonery, full of extreme and divisive social media rhetoric that mirrors his approach to policymaking. But, as Texas Monthly rated him the state’s worst legislator in 2017 and in 2021, he’s inept even at that.

What’s clear to us is that the people in his district — which straddles the Houston Ship Channel and includes Pasadena, Deer Park, most of Baytown and La Porte — aren’t well-served by his leadership. Voters in the Republican stronghold keep returning him to office, but people in this area need a representative focused on chemical plant safety, education and air quality. Cain’s priorities? Election fraud, Twitter trolling and abortion lawsuits.

[…]

While Cain sets a low bar, we hope for more out of a challenger than the bare minimum. Fortunately, Democratic challenger Chuck Crews struck us as direct, capable and thoughtful, with a professional background that would help his constituents. A longtime petrochemical engineer, Crews said he’d put his extensive knowledge of the industry to use right away in the Legislature to make plants mechanically safer and environmentally cleaner for surrounding communities. He said he’d do all he could to improve the energy grid, legalize cannabis and bolster rural health care.

“You can’t throw a rock in this district without hitting a chemical plant somewhere. I’m a chemical engineer with 15 years experience in the field,” Crews told us. “I would be the better representative for this district because I know the work, I’ve crawled through distillation columns to inspect them … we need a representative who actually represents us.”

Crews, 48, said he was a field organizer in O’Rourke’s 2018 campaign for U.S. Senate, his first foray into partisan politics, though he’s also worked numerous times as an elections judge. Prior to 2020, no Democrat had even run for the District 128 seat in more than a decade.

We urge voters there to choose Crews because he is the candidate focused on policy and people, and not on partisan noise.

My interview with Chuck Crews is here. They go on at some length against harmful buffoon Cain, but I’m too bitter to enjoy it right now. You go ahead if that feels good to you, they make a solid case. I will stop here before I say something I might later regret.

They also endorsed in three SBOE races.

The culture wars have turned schools into political battlegrounds, as few things spark voters’ passions more than the future of their kids and, by extension, the future of our state. In Texas, the State Board of Education has the final say on curriculum standards, veto power over new charter schools and shared responsibility for managing the permanent fund that backs the debt schools take on.

In their meetings with the editorial board, the candidates who made the strongest case were the ones who kept the best interests of students and teachers in mind, rather than parroting party platform talking points.

They endorsed Republican incumbent Will Hickman in SBOE6 in a close call over Democrat Michelle Palmer, whose interview is here. I don’t have anything bad to say about Hickman, but Palmer is a star and I will be happily voting for her. In District 7 they endorsed Democrat Dan Hochman against a Republican wingnut, and in District 8 they endorsed Republican incumbent Audrey Young against a Libertarian perennial candidate, a fellow who has run as a Democrat and as a Republican in past elections.

Posted in Election 2022 | Tagged , , , , , , , , , , , | 5 Comments

Judicial Q&A: Judge Mike Engelhart

Posted on October 13, 2022 by Charles Kuffner

(Note: As I have done in past elections, I am running a series of Q&As for Democratic judicial candidates. This is intended to help introduce the candidates and their experiences to my readers. This year it’s mostly incumbents running for re-election, so it’s an opportunity to hear that talk about what they have accomplished. I am running these responses in the order that I receive them from the candidates. For more information about these and other Democratic candidates, including links to interviews and Q&As from the primary and runoff, see the Erik Manning spreadsheet.)

Judge Mike Engelhart

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

I am Judge Mike Engelhart. I have been the Judge of the 151st Civil District Court in Harris County, Texas for 14 years. I am the Democratic nominee for the First Court of Appeals, Place 4 which is elected from a 10 county area, including Austin County, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Grimes, Harris, Waller and Washington Counties.

2. What kind of cases does this court hear?

It hears appeals and mandamuses from all trial courts, including civil, criminal, family law, probate and juvenile justice matters.

3. Why are you running for this particular bench?

I was an Editor of the Houston Law Review at the University of Houston Law Center. I was hired to handle many appeals as an attorney in private practice. As a trial court judge, I am always thinking about appeals of my decisions, and as a result, I am almost never reversed by the First or Fourteenth (the 2 local) Courts of Appeals. My experience makes me a good fit for appellate work and I would really love to serve on the First Court of Appeals.

4. What are your qualifications for this job?

I have been a trial court judge for 14 years. I am the only Board Certified attorney in this race. In 2016 I was named Trial Judge of the Year by the Texas Association of Civil Trial and Appellate Specialists. That same year I won the University of Houston Alumni Association Public Sector Achievement Award. In 2017 I won the Franklin Jones Award for the best Continuing Legal Education Article in the State. And, in 2019 I won the President’s Award for Service to the Houston Bar Association.

5. Why is this race important?

This race is important because if you believe in voting and democracy, constitutional privacy rights, and public safety you can elect me. I will work to protect those values.

6. Why should people vote for you in November?

People should vote for me because I am the only candidate in the race who has run for and been elected to any position by voters. My opponent was appointed to the position by Governor Abbott last year. I have been a Judge for 14 years, elected 4 times by millions of voters in Harris County. I am the only Board Certified attorney in the race. I am the only person in this race who has represented individual everyday Texans in trials and appeals. In a State Bar of Texas poll of lawyers in 2022 I defeated my opponent nearly 2-1. Finally, I believe my views align with the diverse voters of this area as reflected by my endorsements by the Mexican American Bar Association of Houston, the men and women of organized Labor, and the Houston LGBTQ+ Political Caucus.

Posted in Election 2022 | Tagged , , , , , | 2 Comments

Marist: Abbott 49, Beto 45

Posted on October 13, 2022 by Charles Kuffner

Another new pollster for this election.

In the Texas governor’s race, Republican incumbent Governor Greg Abbott has a 4-point edge over Democratic challenger Beto O’Rourke among registered voters statewide. However, Abbott’s advantage over O’Rourke doubles to 8 points among those who say they definitely plan to vote.

  • Four points separate Abbott (49%) and O’Rourke (45%) in the Texas governor’s race among registered voters statewide, including those who are undecided yet leaning toward a candidate. Abbott receives majority support (52%) against O’Rourke (44%) among those who say they will definitely vote.
  • O’Rourke (49%) has a 10-point lead over Abbott (39%) among independents.
  • Close to eight in ten Texas registered voters with a candidate preference for governor (78%) strongly support their choice. 81% of O’Rourke’s supporters and 75% of Abbott’s supporters report they are strongly committed to their candidate.
  • Neither Abbott nor O’Rourke are popular among Texans. 43% have a favorable opinion of Abbott while 46% have an unfavorable view. O’Rourke’s favorable rating is 39% while 44% have an unfavorable impression of him.
  • The Republicans (48%) running for Congress edge the Democrats (44%) on the ballot among Texas registered voters. The Republicans advantage over the Democrats widens to 5 points among those who say they definitely plan to vote.

I checked through their past polls and can confirm they haven’t sampled this race before now. They did a poll of the Senate race in 2018 and had Ted Cruz up by the same 49-45 margin; they also had Abbott leading Lupe Valdez 56-37. They did not do any kind of “likely” voter screen as far as I can tell.

This poll’s data is here. The difference in the results is that the “all voters” sample is 30% Dem and 39% GOP, while the “definitely voting” sample is 30% Dem and 41% GOP. Independents are 29% of the former and 28% of the latter. Make of all that what you will.

They do ask a “How likely are you to vote” question, with “Definite” and “Likely” as possible choices. The former is 84% and 11% for Dems, or 95% at least Likely, and 90% and 6% for Republicans, or 96% at least Likely. Why they didn’t go with Likely – why so many pollsters are also going with an Extra Super Duper Likely choice – remains a mystery to me.

Also of interest, this poll has Beto’s strongest performance among Anglo voters, getting 37% to Abbott’s 57%, but it also has Beto just barely winning among Latino voters, 49 to 49. I feel like a full-on shrug GIF would be the better choice here than the shrug emoji. I’ll leave it to you to find your preferred version. Black voters go for Beto 78-13, similar to other polls.

So overall one of the best topline results Beto has seen, and also very weird under the surface. That’s polling these days for you.

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In which I pay a few minutes’ attention to the Miss USA pageant

Posted on October 13, 2022 by Charles Kuffner

What can I say? I love some controversy in niche competitive events.

R’Bonney Gabirel

Just days after Miss Texas USA R’Bonney Gabriel was crowned Miss USA, several other contestants have accused the pageant of favoritism and rigging the competition.

During the live broadcast, several contestants walk off stage as Gabriel was crowned instead of congratulating her. In the days after the pageant, some contestants have aired their grievances on social media.

“I think the most important thing is that all the contestants feel like they have a fair shot at the crown and that starts with more transparency in judging,” said Miss District of Columbia Faith Porter in an interview with ABC news.

Miss Montana USA Heather O’Keefe published several videos on Instagram and TikTok, claiming Gabriel had an unfair advantage and said the sponsors showed a preference for Gabriel.

“Most of the Miss USA contestants feel very strongly that there was favoritism towards Miss Texas USA and we have the receipts to prove it,” she said in her TikTok video.

Nancy Shuster, director of talent and media relations, said in a statement the current allegations made by the 2022 Miss USA class of 2022 are misleading and simply not factual. Shuster said the misunderstanding is the fact that Mia Beauté is a sponsor of the State Miss Texas USA Pageant and a sponsor of the National Miss USA Pageant. Mia Beauté has also recently opened a location at Nizuc Resort and Spa, which is also a sponsor of the national Miss USA Pageant.

Shuster said Gabriel did multiple sponsor visits, one with Mia Beauté, at which time they proposed that she finally visit Nizuc Spa. She said Gabriel paid for her own flight.

“Just as other contestants have been engaged by other sponsors before competing and or winning at the National level, Mia Beauté wanted to use R’Bonney’s diversity and representation as the first Filipina American to win Miss Texas USA,” Shuster said in a statement.

Ms. Gabriel has denied the allegations, as you might expect.

New Miss USA R’Bonney Gabriel is denying allegations pageant officials favored her over other contestants, asserting the competition was not “rigged.”

Speaking to E! News, Gabriel said she would “never enter any pageant or any competition that I know I would win.”

“I have a lot of integrity,” she added.

Gabriel, the first Filipino-American woman to win the title, is a model and fashion designer who competed as Miss Texas USA. Her win was questioned by contestants after the pageant as questions swirled on social media as to why most of the Miss USA contestants walked off the stage after Gabriel was crowned.

[…]

Gabriel told E! she was open to talking to her fellow contestants.

“I want to be transparent, and I want everybody to know that there was no unfair advantage and nothing was rigged,” she said.

The Miss Universe Organization told the New York Post it is investigating the claims.

“We are aware of the concerns that have been brought forth by this year’s Miss USA contestants,” the organization told The Post in an emailed statement. “We commend the women for bringing these issues to our attention and will always be an organization that encourages women to use their voice.

“We firmly believe everyone has a right to express their thoughts and experiences without retaliation and bullying,” the statement said. “There are existing systems in place to ensure the fairness of our national competitions and as such we have begun an active review into this situation.”

I have done no further research and have no opinion on whether any of the allegations have merit. I’m not that interested in finding out and very likely won’t post any followups unless something really interesting comes up. But I do have an interest in our new Miss USA, because of this.

Within days of receiving her crown, new Miss USA R’Bonney Gabriel of Friendswood sparked debate in that city after a publication reported her stance against Texas’ laws on abortion.

Insider reported that Gabriel said that “as a woman, and as a Texan, it was extremely disappointing” to see the state’s near-total ban on abortions that went into effect after the Supreme Court removed federal protections on the procedure. State law only allows an exception for medical emergencies that threaten the mother’s life or impair a “major bodily function.”

[…]

Insider reported that Gabriel, a 28-year-old model and clothing designer, said of abortion, “At the end of the day, I would want a woman to be able to have that decision. In Texas, even if it’s rape or incest, abortion is still illegal — and I disagree with that.”

Chateara Jackson, 30, a Houston resident who works in Friendswood, said of Gabriel, “She’s standing up for what she believes in, and there’s nothing wrong with that. I think a lot of people have the same viewpoint, and she just spoke about it.”

Friendswood resident Joshua Garcia, 22, said he identifies as a member of the LGBTQ+ communities and is used to his community speaking out for rights and beliefs.

“With Texas traditionally being a red state and her having the power she has, she’s using her voice,” Garcia said. “It can be hard to speak out on something that can be so controversial. I think it might make old people uncomfortable if they’re fixed in their old ways of thinking.”

Democratic activist John Cobarruvias, whose children attend schools in Friendswood, said Gabriel’s statement represents a generational shift.

“This issue has energized young women, and I’m glad that she spoke out,” he said.

Here’s the Insider story, in which she also expressed dismay with Texas’ ridiculous gun laws. Gotta say, this is refreshing and more than a little unexpected, given the nature of pageant culture. Whatever the case, I welcome her words and hope that if she gets invited to a photo op of some kind with one of our state elected officials that she tells them the same things to their faces.

Posted in Society and cultcha | Tagged , , , , , | 1 Comment

Texas blog roundup for the week of October 10

Posted on October 13, 2022 by Charles Kuffner

The Texas Progressive Alliance is ready for some MLB playoffs as it brings you this week’s roundup.

Continue reading →

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Endorsement watch: Travesty

Posted on October 13, 2022 by Charles Kuffner

I have to link to this atrocious Chron endorsement of Republican Alexandra Mealer, but I refuse to quote from it. Instead, I’m going to crib from the daily Texas AFL-CIO email newsletter, which had its own thoughts on the matter:

Judge Lina Hidalgo

Our Brothers and Sisters in the Gulf Coast Area Labor Federation are standing tall for the reelection of County Judge Lina Hidalgo, a champion of working families. The ALF today posted a list of Hidalgo’s amazing accomplishments as she navigated a concentration of natural disasters in her first term.

The timing of the statement was appropriate. In a tortured editorial, the Houston Chronicle today endorsed Hidalgo’s Republican opponent. The editorial has so much praise of Hidalgo, so many misgivings about her opponent, and so much acknowledgment of disagreement on the editorial board that it has the clear look of a publisher’s intervention.

Hidalgo beat the Chronicle’s endorsement in 2018 and the labor movement is working overtime to make sure she does so again in 2022.

Statement from ALF Political Director Jay Malone:

“We’re incredibly disappointed in the Houston Chronicle Editorial Board’s decision to back an extremist candidate for Harris County Judge. Not only has Lina Hidalgo consistently invested in public safety – including a proposed 10% increase in next year’s budget – but she also recognizes that security and safety isn’t just about crime, it’s also about keeping families in their homes, helping them to keep the lights and heat on, and expanding opportunities for everyone, regardless of the zip code you live in.”

“Under Lina Hidalgo, Harris County has kept over 70,000 working families in their homes during the pandemic, expanded access to affordable childcare, worked to raise wages for essential workers and improve safety standards on construction sites and in retail stores, and implemented common-sense measures to keep us safe during the pandemic. And she fought back when state leadership tried to prevent Harvey recovery dollars from going where they’re needed, recovering $750 million earlier this year.

“Unlike her opponent, who is funded by West Texas billionaires and county contractors, Lina has taken a stand to end the corrupt system that puts the interests of the rich and connected first and leaves the rest of us with failed drainage, pockmarked highways, and collapsing bridges. The working people of Harris County stand with Lina.”

Throughout her tenure in office, Judge Hidalgo has worked closely with the labor movement to develop, pass, and implement policies to expand opportunity and keep working people safe, healthy, and in their homes. Among the accomplishment of Harris County Commissioner’s Court since Lina was sworn into office in 2019:

I completely agree. I was especially angered when they blamed the Republican quorum breaking on the Democrats on the Court, for not being flexible enough in their negotiations, as if they somehow could not grasp that Commissioners Cagle and Ramsey have no incentive to bargain in good faith. They get what they want if nothing happens! Even better, they get simps like the Chron editorial board to blame the other guys for their actions. I don’t know if they’re being deeply naive or willfully blind, but it’s infuriating that they can’t see this basic fact. Their ending note that they hope Mealer will somehow overcome her partisan preferences and govern in a manner that is completely at odds with her own campaign has big “endorse Ted Cruz in 2012 on the hope that he’ll somehow morph into Kay Bailey Hutchison 2.0″ energy. How’d that one work out?

And to think, my day started by reading the print edition endorsement of Chuck Crews in HD128, in which they gave a proper lashing of Briscoe Cain, and thinking I’d get to blog about that and it would all be puppies and sunshine. But that one still isn’t on their site (at least as of last night when I drafted this), and instead this turd is. Where do I send the invoice for that new bottle of Tums I had to buy?

Posted in Election 2022 | Tagged , , , , , , , , | 5 Comments

Judicial Q&A: Judge Donna Roth

Posted on October 12, 2022 by Charles Kuffner

(Note: As I have done in past elections, I am running a series of Q&As for Democratic judicial candidates. This is intended to help introduce the candidates and their experiences to my readers. This year it’s mostly incumbents running for re-election, so it’s an opportunity to hear that talk about what they have accomplished. I am running these responses in the order that I receive them from the candidates. For more information about these and other Democratic candidates, including links to interviews and Q&As from the primary and runoff, see the Erik Manning spreadsheet.)

Judge Donna Roth

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

I am Donna Roth, Judge of the 295th Civil District Court.

2. What kind of cases does this court hear?

This Court will hear all civil cases at any dollar level. For example, contract, personal injury from serious plant explosions to minor car wrecks, homeowner property taxes, attorney disbarment, employment, discrimination, and business dissolution cases, etc. This Court also has injunctive and declaratory powers, which means it can stop a party from doing something they should not be doing and declare the rights of parties. This Court does not handle criminal, family, probate and immigration cases.

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

During the almost four years I have served I have doubled the number of jury cases tried by my predecessor and tried more jury cases than any of my civil judge colleagues. I have one of the lowest dockets in the division, if not the lowest. I have reduced the waiting time for a hearing down to two-three weeks (it used to be eight weeks) and have promptly ruled on all pending motions. I have made sure that all persons who appear before the bench are treated fairly and with dignity, regardless of who they are, and to the best of my ability, I have made sure justice is served in each case before me.

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

Continue more of the same. Improve the understanding in the community of what this Court and other Harris County Courts do and attempt to get more people to take an interest in the Courts. I would like to improve the technology in the courtroom which requires working with Commissioner’s Court to obtain the funding for same.

5. Why is this race important?

As shown in answer to Question 2 this Court handles a wide range of cases. At any time, any citizen of this county, can find themselves before this Court or one just like it. Who you appear before makes a difference in how you are treated, how soon you will receive your day in court, and how your case may be decided.

6. Why should people vote for you in November?

I am the experienced, qualified and compassionate choice. Prior to taking the bench in January, 2019, I spent 32 years as a civil trial litigator. I am board certified in Personal Injury Trial Law and a member of the American Board of Trial Advocates. I tried no less than 40 jury trials during my years of practice, an equal number of non-jury cases, and handled thousands of other cases from start to finish. I took the bench ready and prepared to do the job. As my answer to Question 3 reflects while on the bench I have moved forward with having cases tried and/or settled. It is only through a “real” trial setting that cases will settle. I have ensured that no one feels rushed or pushed and that whether a party has won or lost, they feel they have been heard and have had their day in Court. My opponent has not had a case filed in the Harris County District Courts, according to the District Court Clerk records, is not board certified, and does not possess the experience and qualifications necessary for this important position.

Posted in Election 2022 | Tagged , , , , | 2 Comments

Just keep staying away, Commissioners

Posted on October 12, 2022 by Charles Kuffner

At this point the pattern is clear. They’re just going to keep staying away, at least until after the election. At which point one can hope that one of them will have a more permanent vacation from these duties.

For those of you who like to bring up the Democratic legislators’ quorum busting from last summer, I will say again that these two have the right to do what they are doing, per the law and the rules of the chamber. That doesn’t mean they’re free from being criticized for it. I will also note that for a variety of reasons, the quorum-busting Democrats eventually came back, and the thing they were trying to stop got passed by the legislative majority in place. Also, for those of us old enough to remember 2003, the Legislature made some subsequent rule changes to make it harder to break quorum, and there were some penalties in terms of committee assignments and other bureaucratic matters in the next session. Assuming there’s still a Democratic majority on the Court in 2023, it would be well within their rights to see about making life a little less pleasant for whichever of their Republican colleagues are still there. I hope someone is at least thinking about that.

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

School enrollment in Texas declined in 2020-2021

Posted on October 12, 2022 by Charles Kuffner

Blame it on COVID.

Tens of thousands more students either dropped out or otherwise left Texas public schools during the 2020-21 school year, compared to previous years, according to the most recently available records from the Texas Education Agency.

The number of students who dropped out jumped roughly 34 percent from 46,319 students in the 2020-21 school year, which was disrupted by the COVID-19 pandemic, compared to 34,477 two years prior. The number of students who left Texas public schools for other reasons, including death, pregnancy or to enroll in other education programs or schools, was 79,071 in 2020-21, up more than 12,000 from the 2019-20 school year.

The dropout rate for students in grades 7 through 12 increased from 1.4 percent in the 2018-19 school year to 1.8 percent in the 2020-21 school year. The rate decreased during the 2019-20 school year to 1.2 percent.

High schools saw the highest increase in its dropout rate. The rate increased to 2.4 percent in the 2020-21 school year, from 1.9 percent in the 2018-19 school year.

The number of students who left to be home schooled increased about 30 percent to 29,846 in the 2020-21 school year from 22,967 in 2018-19. The increase is likely due in part to the impacts of COVID-19. In October 2020, only about 54 percent of Texas public school students were learning in-person.

Enrollment in 2020-2021 was at 5.3 million, down from 5.4 million the year before. I expect this number to bounce back, if only because the overall state population keeps growing and continues to be young, but this is a big blip and it needs urgent attention. That’s going to have to come from the locals, because the current crop of state leaders will do nothing to help. Yes, this is another reason to vote for Democrats this November.

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Drone racing

Posted on October 12, 2022 by Charles Kuffner

Pretty cool, actually.

Jessica Dunegan watched her high school students fly drones through a maze of hula-hoops, cardboard and chairs last year for an end-of-year assignment in robotics class.

The San Antonio-area teacher was amazed by the teamwork, engagement and drone-flying skills the teens developed during the project.

“I had other students that I had never seen look at the drones and be like, ‘Oh, this is so cool,’ ” she said. “So then that got my thoughts spinning … How can I open this up for even more people?”

She is now petitioning the University Interscholastic League to add drone racing as an academic competition for any Texas high school students who wish to participate. Sanctioning the activity would make it more uniform and help schools get funding, she said.

[…]

In October, the council will vote on proposals from the public, including Dunegan’s request, and then send them to the education secretary for final approval, according to the league.

If approved, a pilot drone competition would be added to the state’s academic programs beginning next August, according to Dunegan’s proposal. The first contest would be held in spring 2023 for high school students in any district that wishes to participate.

Drone racing involves participants navigating through obstacle courses with drones. Dunegan said it helps kids learn about mechanical engineering, software engineering, physics and algebra as well as teamwork, innovation and critical thinking.

Although it remains a fledgling sport, some people compete at a professional level. The Drone Racing League holds international competitions in which pilots control drones equipped with cameras to navigate a complex race course.

For now, Dunegan is working to drum up interest around Texas to back up her proposal to the UIL.

As the story notes, water polo was added in 2019. I’m looking at the UIL website to see what the process is for requesting a new sport, but I don’t see anything obvious. Probably just best to contact them and ask. You might do that as well if you like this idea and want to support it. I’m rooting for them.

Posted in Other sports | Tagged , , , , | 2 Comments

Judicial Q&A: Judge James Horwitz

Posted on October 11, 2022 by Charles Kuffner

(Note: As I have done in past elections, I am running a series of Q&As for Democratic judicial candidates. This is intended to help introduce the candidates and their experiences to my readers. This year it’s mostly incumbents running for re-election, so it’s an opportunity to hear that talk about what they have accomplished. I am running these responses in the order that I receive them from the candidates. For more information about these and other Democratic candidates, including links to interviews and Q&As from the primary and runoff, see the Erik Manning spreadsheet.)

Judge James Horwitz

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

James Horwitz, Presiding Judge for Harris County Probate Court No. 4

2. What kind of cases does this court hear?

Harris County Probate Court No. 4 has jurisdiction to hear cases involving all aspects of:

(A) DECEDENTS’ ESTATES
(1) the probate of the estate of a decedent which contains issues involving the existence or non existence of valid Wills and whether the executor/administrator has complied with the legal obligations of such role; and
(2) the heirship determination of a decedent’s estate who does not have a valid Will with the possible appointment thereafter of a representative of such an estate as well as whether that representative has complied with the obligation of that role; and
(3) the wrongful death litigation of a decedent whose estate has been filed with this Court (concurrent jurisdiction with Civil District Court but the superior right to bring that type of case into the Probate Court); and

(B) GUARDIANSHIP ESTATES
(1) the determination of incapacity of an individual that might require a guardianship (through age, illness, and/or accident) with the appointment thereafter of a guardian (of the person or estate or both) of the incapacitated person with determination of whether such guardian has complied with the legal obligations of such role; and
(2) personal injury suits involving individuals who have guardianship estates in this Court (concurrent jurisdiction with Civil District Court but the superior right to bring that type of case into the Probate Court) ; and

(3) TRUSTS
(1) matters involving the interpretation and modification of trusts including whether the trustee has complied with the legal obligations of such role

(D) MENTAL HEALTH COMMITMENTS
(1) Harris County Probate Court # 4 (along with Probate Court # 3) has an additional jurisdiction to conduct hearings regarding whether a person requires commitment at a psychiatric hospital because of mental illness and furthermore whether such person who has been committed requires medication

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

Probate Courts have regular ongoing dockets involving the above cases that occur weekly that cannot be postponed. People continue to die and become incapacitated (a fact of life) and the pandemic required immediate adjustments to allow for the uninterrupted judicial determination of such matters. As the administrative judge for the four Harris County Probate Courts during the height of the pandemic (2020), it was incumbent on me to help develop policies that streamlined the process. I’m proud to say that our court along with the other Harris Probate Courts became the state leader in developing methods including zoom hearings to allow for the delivery of such justice to the community. Our caseload and completion rate has actually increased and continues to increase during this term. Because of my work especially as administrative judge. the four Probate Courts work well together to make as much as possible identical procedures so that attorneys do not (has had been the way in the past) have to learn four separate ways to handle their cases loads depending on which Probate Court they find themselves in. Education of attorneys has been a priority, and I am a co-founder of the Texas Probate American Inn of Court that is accomplishing the goal of educating and mentoring young lawyers regarding probate law.

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

Our court has installed more sophisticated technology to help the public have their cases heard remotely and/or in person or a combination of both in a more efficient manner. The use of that technology will speed up the completion rate of our court case load. Continued education of attorneys is essential to that process and more legal seminars will continue to be held on various probate subject matters led by our court.

5. Why is this race important?

Everybody comes to Probate Court eventually, one way or another, as a decedent, an incapacitated person, an heir, contestant, and/ or a witness. This Court’s mission statement is to help families in crisis to resolve issues. A judge handling these types of jurisdiction must possess a heightened sense of empathy as well as the required judicial knowledge and wisdom to accomplish the court’s mission. This race is important because of the leadership required to continue guide the Court effectively.

6. Why should people vote for you in November?

I have 45 years of legal experience. My career has included the practice, of course of estate planning and probate, but also civil, criminal, family, juvenile, corporate, and business law. It is essential to know and be competent in various aspects of different types of the law because of the complex nature of probate. I have demonstrated my competency as a probate judge during the almost 4 years on the bench. Probate Court, unique among all other courts, has 4 times as many staff as other types of court because of the multitude of jurisdictions it must handle day to day. It takes a manager as well as a jurist to effectively administer the workload of this court. I have molded the staff into an effective and efficient task force to handle its case load and will continue this job.

Posted in Election 2022 | Tagged , , , , | 1 Comment

I think you know the root cause of the problem, John

Posted on October 11, 2022 by Charles Kuffner

I was fascinated by this Texas Monthly feature on Secretary of State John Scott, who is being pushed to reckon with the insane and dangerous levels of election denial and anti-democratic activism. I’m pretty sure he gets it, he just doesn’t want to say it or to suggest answers for it.

Take pity on John Scott. In October 2021, Governor Greg Abbott appointed the Fort Worth attorney as Secretary of State, Texas’s top elections official. He immediately found himself in the hot seat, targeted by voting rights activists aggrieved by what they saw as Republican-led voter suppression and by conspiracy theorists inflamed by former president Donald Trump’s claims of a stolen election. Scott, who had previously served under Abbott as deputy attorney general for civil litigation and COO of the Texas Health and Human Services Commission, told Texas Monthly at the time that his top priority was “bringing the temperature down.” This proved harder than he anticipated.

Scott’s first major task was to conduct a “full forensic audit” of the 2020 general election in the two largest Democrat-led counties, Dallas and Harris, and the two largest Republican-led counties, Collin and Tarrant. The audit was demanded by Trump—even though he won Texas by more than five percentage points—and had been agreed to, less than nine hours after Trump issued his demand, by the Secretary of State office (the top post was then vacant). The effort immediately drew scorn from both liberals, who denounced it as a capitulation to election deniers, and Trump himself, who complained that limiting the audit to four counties was “weak.”

Phase one of the audit examined voting-machine accuracy, cybersecurity, and potentially ineligible voters. Quietly released last New Year’s Eve, it found nothing unusual about the election. The results of the second phase, a more detailed review of all available records from the four counties, are scheduled to be released later this year.

The inability to please either liberals or conservatives has been the hallmark of Scott’s tenure. He drew bipartisan criticism for the high rejection rate for mail-in ballots (12 percent) during this year’s primary election—an all-too-predictable result of the confusing new vote-by-mail rules imposed by Senate Bill 1, which the Republican-controlled Legislature passed last year over vehement Democratic opposition. Scott’s attempt to fulfill SB 1’s strict voter list–maintenance requirements led his office to challenge the citizenship status of nearly 12,000 registered voters, at least some of whom turned out to be on the list by mistake. His office was sued by a coalition of voting rights groups, including the Mexican American Legal Defense and Educational Fund, which has called the list “a surgical strike against voters of color.” (The U.S. Court of Appeals for the Fifth Circuit recently ruled that Scott did not have to divulge the list; the plaintiffs are deciding whether to appeal.)

[…]

With early voting for the November general election just weeks away, Texas Monthly decided to check in with the embattled Secretary of State. This interview has been edited for length and clarity.

Texas Monthly: The voting-machine test you attended in Hays County got pretty rowdy. What was that like?

John Scott: The local elections administrator in Hays County invited us down to film a public service announcement. It kind of devolved into a little bit of a question-and-answer session [with the activists]. I felt bad that it became disruptive to the process we were all there for. Part of my job is answering questions. But a lot of the people who have questions, it’s the misinformed and the uninformed.

The misinformed people seem like they really don’t care. They know something, and they’re going to stick to it no matter what you tell them. You can talk until you’re blue in the face. With the uninformed, we have to reach out and tell them the truth. Otherwise there will only be bad information circling around. The shouting eventually ended and they did calm down. I think there were several protesters who accepted a lot of what I was saying.

TM: Why do you think so many people are angry about these issues?

JS: I don’t know why. If I did, we would address it immediately. There’s a lack of information, and then there’s people out there filling that lack of information with stories that are simply not true. I have yet to hear about or meet any elections administrator in the state who is not trying to do a perfect job. We’re all humans, and so we’re all prone to error. It seems like, a lot of times, people latch on to those errors and ascribe motives. I don’t know how we stop that other than to continually address it. It’s like Whac-A-Mole.

[…]

TM: Earlier this year, the Brennan Center for Justice conducted a survey of election workers across the country. It found that one in every six workers has received threats because of their job. In Texas, the top three election administrators in Gillespie County recently resigned because of harassment. Tarrant County election administrator Heider Garcia received death threats after being the subject of a conspiracy theory involving his prior employment by voting-machine manufacturer Smartmatic. How big of a problem is this?

JS: It’s a huge problem. Heider and his deputy both carry guns now. They don’t bring them into polling places, because that’s illegal, but they have to have a gun on them. Which is pathetic—the fact that they’re in that much fear of their life, that it’s gotten that heated. I think it’s obscene. In Gillespie County I visited with the county judge and let him know we were here to help in any way possible, given the situation they had. Everybody over there had glowing comments about the elections administrator. She was somebody you would want as your neighbor, and somebody you’d want as your public servant in charge of elections.

I’ve gotten death threats; my folks in the elections division have gotten death threats. It’s become absurd, and I don’t know what’s caused it.

TM: What steps has your office taken to ensure election workers can safely carry out their duties?

JS: We tell each county that if they get threats of any kind to report it to their local law enforcement agency immediately. That’s what we did with our own death threats. This is insanity—you can’t have people receiving death threats for doing their jobs.

TM: You say you’re not sure why it’s gotten so intense. But surely former president Trump’s repeated claims of a stolen election have something to do with it.

JS: Any time the temperature gets turned up, it’s possible to have nuts making these statements. At least in our office, what I was told is that these threats long preceded the 2020 election. The Infowars guy [Alex Jones] has unleashed hell on our election people. This has been going on for many years. And I don’t want to give a free pass to people who are crazy enough to go out there and say they’re going to kill somebody because they’re doing their job. I don’t want to give them an excuse—”Oh, well, it’s because somebody said something.” No, that behavior is unacceptable under any scenario. Just because somebody said something, or they saw something on TV, that doesn’t excuse it.

“Pity” is not the word that comes to mind. I don’t care for John Scott, but I’ll admit to some sympathy for him. He’s facing the heat out there as well as the front-line county election workers, and that’s a lot more than any of our elected state leaders are doing. I take his point about misinformed versus uninformed voters as well, though it sure would be nice if someone like him were a much louder advocate for good information and putting a sufficient amount of resources into combatting that misinformation.

And look, this guy isn’t dumb. He knows what the problem is and who’s causing it, he just doesn’t want to call out his own team. It’s the opposite of courageous, but it’s human enough that I can at least see why he’s being so timid. But those county election administrators are out there getting pummeled, working insane hours, and generally burning themselves out, without any clear sign that the state has their backs. It’s not sustainable, not to mention inhumane and dangerous. How about loudly pushing for state resources to find, arrest, and prosecute people who are threatening these folks? How about urging the AG to look into curbing or at least slowing down these mountains of public record requests, especially from out of state activists, which are basically a denial of service attack on the counties? How about asking your buddy Greg Abbott to say something? There’s a lot John Scott can do even if he’s just an administrator himself. If I saw him doing more of it, even if “it” is just trying to get those with the real power to do something, I’d have a lot more respect for him.

Posted in Election 2022 | Tagged , , , , , , , , , , , , , , , , , | 4 Comments

The True the Vote lawsuit continues to be wild

Posted on October 11, 2022 by Charles Kuffner

This is crazy.

Inside a nearly empty federal courtroom Thursday, a fiery argument broke out between a judge and the lawyers representing Texas-based nonprofit True the Vote in a defamation and computer fraud case filed by a Michigan-based election software company.

U.S. District Judge Kenneth Hoyt warned Houston-based attorneys Brock Akers and Mike Brewer that they might be getting “played” by their conservative nonprofit client after the attorneys repeatedly argued against disclosing the source of the information central to the case, about sensitive poll worker data managed by Konnech Inc.

In podcasts and elsewhere, True the Vote has repeatedly claimed that their organization directed “analysts” to hack Konnech’s servers, which the group claims were located in China and thus proof of the company’s work on behalf of the Chinese Communist Party. After Konnech sued True the Vote last month for defamation, Hoyt ordered True the Vote to turn over any Konnech data the organization still had, and disclose the name of the individuals who’d helped them obtain it.

The contentious tone in the courtroom demonstrated the precarious position the lawsuit has put True the Vote in. The group has spearheaded the spread of voter fraud conspiracy theories in Texas and beyond for years — most recently by producing the debunked voter-fraud documentary “2000 Mules” — and has faced very little accountability for it. Now True the Vote is trying to maintain its conspiratorial claims about Konnech while also denying accusations that it illegally hacked data or misled the public about the company and its CEO.

In their own legal filings, True the Vote said that contrary to their prior public statements, the group had never been in possession of Konnech’s data but had simply been shown it by a source.

Konnech’s lawyers, meanwhile, asked the judge to hold True the Vote’s founder, Catherine Engelbrecht, and a board member, Gregg Phillips, in contempt for failing to follow the judge’s order.

In court Thursday, Akers and Brewer were reluctant to release the source’s name in court, saying they feared for the man’s safety.

Hoyt, a judicial nominee of President Reagan, wasn’t having it.

The judge said he didn’t “have any confidence” in True the Vote’s version of events, in part because he said the group’s leaders haven’t submitted sworn affidavits under penalty of perjury to support them. True the Vote’s lawyers said they didn’t believe their clients needed to appear at the hearing.

“Do errors get made [in elections]? Yeah,” Hoyt said as he continued to question True the Vote’s trustworthiness. “Do people cheat? Perhaps. But all of this hustle and bustle about the integrity of the process? Is the way to fix the process to tear it apart? That’s not integrity.”

He demanded the lawyers release the name of the source.

See here for the previous update. Judge Hoyt eventually got the name, which Votebeat didn’t publish in their story from the weekend because they hadn’t been able to verify anything about that person. I mean, I dunno, it’s probably not a good sign for your side when the judge is telling your lawyers that you can’t be trusted. We’ll have to see how it goes from here.

In the meantime, this is also nuts.

The Los Angeles County district attorney announced on Tuesday the arrest of Eugene Yu, the CEO of a small company that makes software for scheduling poll workers and had a contract with LA County. District Attorney George Gascón said at a news conference that the contract with the county required the company, Konnech, to securely maintain election worker information on servers in the United States.

Gascón said that in the course of a separate investigation, his office “found probable cause to believe that Konnech allegedly violated this contract by storing critical information that the workers provided on servers in China.”

The district attorney did not provide further details of what evidence his investigators had uncovered so far. He said Yu’s arrest was made on “suspicion of theft of personal identifying information.”

Konnech is located in Michigan, and Gascón said his office had cooperated with local law enforcement to make the arrest. Robert Arcos, the chief of the DA’s Bureau of Investigation, said that investigators from the Public Integrity Unit and the Computer Forensics Unit helped serve the arrest warrant on Yu, and also seized hard drives.

“We intend to hold all those responsible for this breach accountable,” said Gascón, who added that his office is seeking the extradition of Yu from Michigan to California.

NPR obtained court documents filed against Yu in Ingham County, Michigan, which indicate that Yu is “charged in Los Angeles County, California with the extraditable crime of Embezzlement of Public Funds.” The documents state Michigan authorities charged Yu with “misdemeanor fugitive from justice,” and he has another court date on Oct. 25. NPR also sought court documents from the LA County D.A.’s office, but a spokesperson said in an email, “Because this is an ongoing investigation we will not be releasing any documents at this time.”

Gascón, a Democrat, said at the news conference that the information allegedly held on servers in China related to poll workers, and “is not — I repeat, it is not — related to election material or voter information.”

In a statement, a spokesperson for Konnech said, “We are continuing to ascertain the details of what we believe to be Mr. Yu’s wrongful detention by L.A. County authorities.”

“Any L.A. County poll worker data that Konnech may have possessed was provided to it by L.A. County, and therefore could not have been ‘stolen’ as suggested,” said the spokesperson, Jon Goldberg.

As they say, you can’t make this stuff up. I didn’t see any more recent stories than the ones reporting the arrest, and those stories were all based on the LA County DA’s press release. Hard to know if we’ll learn anything more until the court date in two weeks. Unfortunately, I doubt that DA Gascón’s emphatic words about the nature of this case will persuade anyone on the True The Vote side. It’s likely to get crazier from here.

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Interviews with Janet Dudding and Jay Kleberg

Posted on October 10, 2022 by Charles Kuffner

We are at the point of the calendar where there are only a few interviews left for me to do, and everyone is super busy and has things come up at inconvenient times. The upshot is that I don’t have an interview in the queue to present today. Rest assured I’m still working on the ones I want to do. In the meantime, I wanted to repost some of the interviews I did in the primaries and runoffs, to catch you up if you haven’t had a chance to listen to them before. So today I present the interview I did in May with Comptroller candidate Janet Dudding, and the March interview I did with Land Commissioner candidate Jay Kleberg.

Janet Dudding is a CPA who relocated to College Station with her family following Hurricane Katrina. She worked for the city of College Station and for Texas A&M before retiring and getting more involved in politics. She is running against incumbent Glenn Hegar, who went from a low profile mostly stick-to-the-facts guy to self-appointed arch-nemesis of Harris County in the blink of an eye. If you’re looking for someone who just wants to do the job of Comptroller without having an aspirations of supervillainy, Janet Dudding is your candidate:

If Jay Kleberg’s name sounds familiar, it’s because his family owns the King Ranch and is the namesake of Kleberg County in South Texas. In addition to ranching, Kleberg is a conservationist and former Associate Director of the Texas Parks and Wildlife Foundation, and recently traversed the entire 1,200 miles of the Texas-Mexico border for the feature film The River and the Wall. Do you want someone who will actually work for the betterment of Texas’ environment and public lands, while not screwing hurricane victims out of federal relief funds? Jay Kleberg is your candidate.

PREVIOUSLY:

All interviews and Q&As through the primary runoffs
Susan Hays – Ag Commissioner
Luke Warford – Railroad Commissioner
Michelle Palmer – SBOE6
Chuck Crews – HD128
Cam Campbell – HD132
Stephanie Morales – HD138
Robin Fulford – CD02
Laura Jones – CD08
Teneshia Hudspeth – Harris County Clerk
Amy Hinojosa – HCDE Trustee, Precinct 2
Andrea Duhon – HCDE Trustee, Precinct 4

As always, everything you could want to know about the Democratic candidates can be found at the Erik Manning spreadsheet.

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Judicial Q&A: Judge Jason Cox

Posted on October 10, 2022 by Charles Kuffner

(Note: As I have done in past elections, I am running a series of Q&As for Democratic judicial candidates. This is intended to help introduce the candidates and their experiences to my readers. This year it’s mostly incumbents running for re-election, so it’s an opportunity to hear that talk about what they have accomplished. I am running these responses in the order that I receive them from the candidates. For more information about these and other Democratic candidates, including links to interviews and Q&As from the primary and runoff, see the Erik Manning spreadsheet.)

Judge Jason Cox

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

I’m Judge Jason Cox, the Presiding Judge of Harris County Probate Court #3. Before being elected in 2018, I worked for approximately 15 years specifically in probate, where I was also a frequent writer and speaker on probate issues. I was also a longtime adjunct professor at the University of St. Thomas in the political science department where I taught pre-law classes and coached the mock trial team.

Personally, I am a third-generation Houstonian and graduate of Texas A&M University and the University of Houston Law Center. I am also a pediatric and adult cancer survivor and longtime volunteer at MD Anderson Cancer Center here in Houston.

2. What kind of cases does this court hear?

Probate Court #3 is a dual court: It hears general probate-related matters (cases involving Decedent’s estates, guardianships, trusts, and fiduciary relationships); and also has primary responsibility for all civil mental health proceedings in Harris County (cases involving civil mental health commitments, medication proceedings, and proceedings related to the restoration of competency for inmates at the Harris County Jail).

We have two courtrooms – one in the Harris County Civil Courthouse and one in the Harris County Psychiatric Center. We have a staff of 20 and are one of the largest courts in Texas by size and case load.

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

Since taking the bench, I have created partnerships with other county departments and local entities to increase the availability of mental health services. This directly led to the creation of a new program – Assisted Outpatient Treatment (AOT), an outpatient treatment program for persons suffering from mental illness. This program, which is a partnership between our Court, UTHealth, The Harris Center, and the University of Houston, was awarded a $2.7 million, four-year federal grant and has grown into one of the largest and most successful programs of its kind in Texas. We now have other courts in Texas sending teams to our Court to learn how to implement this kind of program.

I have also worked with the Office of the Governor on the Committee on People with Disabilities to review and offer recommendations for improvement for laws related to guardianship; obtained a technology grant to allow parties to participate in proceedings remotely; revised the system for court appointments to ensure more equitable and diverse appointments; participated in the Houston Bar Association’s Equity and Inclusion Summer Clerkship program; provided free continuing legal education classes through the Court in the area of mental health; and have spoken at (and helped organize) numerous events for the legal community and the community at-large on the issues of probate and mental health. I have also worked with the other three Harris County statutory probate courts to have uniform rules and procedures across all four courts.

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

If reelected to this office, I will continue the initiatives described above and work to improve and extend them. I am also working with several Harris County departments on projects related to the long-needed improvement of Harris County’s mental health court facilities and the upgrading of technology.

I am also working with the other three local statutory probate courts to require implicit bias training as a condition for receiving court appointments. I previously worked with the courts and the County to secure funding for implicit bias training for attorneys seeking such appointments so they would not have to pay or could participate in the training at a reduced cost.

5. Why is this race important?

If you find yourself in a probate court, you’re probably going through one of the most difficult times in your life. A loved one may have died or be suffering from addiction or mental illness; your family may be struggling with providing care for a member who may no longer be able to take care of themselves. Judges of these courts need to be competent and compassionate. They need to be able to make fair, equitable decisions while also following the law. It’s important to have a judge who understands this area of the law and has demonstrated the temperament necessary for a well-functioning court.

Given the size of this court and the high caseload this specific court has, it’s also important to have a judge who is hard working; respectful of the parties’ and attorneys’ time and the costs that can be incurred in these cases; a good manager of staff; and someone who can cooperate and coordinate with other Harris County departments and entities that serve a similar population.

6, Why should people vote for you in November?

I strive to treat everyone who appears in my Court fairly, with dignity, courtesy and respect. I am mindful of the time and expense that is incurred by individuals who have to take time away from their lives to appear in court. I am highly competent and knowledgeable in this area of the law and endeavor to stay current and innovative. I have worked to create relationships with other Harris County departments and entities so that our services can be coordinated and efficient. I have also worked with the Office of the Governor and with others, including legislators, to advocate for changes in the law when those changes can benefit Texans generally and Harris County residents specifically.

My success as a judge is reflected in the most recent results of the Houston Bar Association’s Judicial Evaluation Questionnaire, where I ranked among the top judges in the County, and in awards I’ve received for my service from the Houston Bar Association and the Houston LGBTQ+ Caucus. I strongly believe in public service and see myself as a temporary custodian of this bench; since being elected I have done my best – and will continue to do my best – to have a court whose focus is on improving people’s lives.

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Trib profile of Rochelle Garza

Posted on October 10, 2022 by Charles Kuffner

Good story with a lot of details you probably don’t know about the Democratic candidate for Attorney General. It also includes this bit of annoying news:

Rochelle Garza

Polls show the contest is the tightest of all statewide races. Garza, 37, is within single digits of Paxton, who was endorsed by former President Donald J. Trump but long plagued by legal trouble that has turned him into the most vulnerable among Republican incumbents. Indicted seven years ago for securities fraud charges still pending, Paxton is under investigation by the FBI after several former aides claimed he abused his office by helping a wealthy donor. The whistleblowers sued Paxton after he fired them. Paxton has denied wrongdoing.

But despite the incumbent’s weaknesses, Paxton is still popular with Texas Republicans. Garza remains the underdog, battling her own low name recognition and a fundraising disadvantage in an expensive statewide race that is already demanding considerable resources for travel and TV ads.

“Garza is clearly competitive in this race, but she’s competitive based on Paxton’s weaknesses, because she’s not well known,” said Cal Jillson, a political scientist at Southern Methodist University.

The Democratic establishment “does seem reluctant to put money behind her campaign, even though it’s the closest race and Paxton has weaknesses that make him the most vulnerable of statewide office holders,” Jillson said. “So they’re hanging back.”

The Garza campaign had nearly $500,000 on hand as of July, after raising about $1.1 million. Paxton has raised more than $8 million and still has about $3.5 million on hand to spend during the same period. The next campaign finance reporting deadline is in October.

Bill Compton, a Dallas lawyer who’s often donated to Democratic candidates in the past, would agree with Jillson. He said he’s still hesitant to write a check to Garza, whom he described as “an unknown.”

Compton attended the Dallas Democratic Forum where Garza spoke earlier in the day and said he liked what he heard. But he and others view the candidate right now only as an “alternative” to Paxton.

[…]

The Democratic Attorneys General Association launched a digital ad buy targeting attorney general candidates in various states, including Texas, said Geoff Burgan, a spokesperson for the group. “We’ve also provided focus groups, polling, and video throughout her time as the nominee,” Burgan said in an email.

Indirectly, Garza was helped by the messy, Republican primary and runoff that included many negative ads targeting Paxton.

“These were Republicans in these ads saying, “I don’t trust Ken Paxton to be attorney general,” Burgan said. “These are people that Republican voters listen to.”

Candidates without name recognition typically work with their donors to raise enough money to talk to the general public over a period of months, said Jillson, the political scientist. “You introduce yourself with a series of ads and then slam your opponent toward the end,” he said.

“And she just hasn’t had the money to do that and doesn’t have the money today,” Jillson said.

Garza said her campaign outraised Paxton in the last reporting period: “We have the momentum.”

“I keep telling folks this is our race to lose,” Garza said. “This is the closest we have come in almost 30 years and it’s time we elect a Democrat to this office.”

On the one hand, the Attorney General race usually doesn’t draw much money. On the other hand, I couldn’t explain Bill Compton’s reasoning if you gave me an answer key and a psychological profile of him. The story refers to recent polling, in which Garza is generally the closest Democratic candidate to their opponent, albeit by point or two and often with more undecideds. I’m always skeptical of stories about how this downballot Dem or that is “the Democrats’ best chance of winning statewide office” because I think the ticket will rise and fall mostly on how the guy at the top does and what the national environment is like, but we have seen crossover support for Paxton opponents before. I expect we’ll see it again, and for sure some extra cash would help with that. I still think the best thing that can happen to Rochelle Garza – and Mike Collier, and Susan Hays, and the rest – is that Beto wins or comes very, very close. It’s a lot easier to see her and others’ paths to victory from there.

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Endorsement watch: Of course it’s Collier

Posted on October 10, 2022 by Charles Kuffner

The Chron writes one of the longest and most effusive endorsements I’ve ever seen for Democratic Lt. Governor candidate Mike Collier.

Mike Collier

Mike Collier won’t just promise to lower your property tax bill, he’ll tell you how he’s going to do it. And if you don’t quite understand all the math and jargony tax code talk, the affable certified public accountant and longtime consultant for investors in the energy industry will make it real simple with a few water bottles or any other props within his grasp.

That’s what he did during his screening with the editorial board last week. When our furrowed brows apparently belied some confusion about the particular loophole he claims is the holy grail to Texas tax relief, the candidate for lieutenant governor grabbed one water bottle that represented a skyscraper in a thriving, highly developed part of town that’s worth $500 million, and another bottle that represented a skyscraper in a run-down, lower-end part of town a few miles away that’s worth $200 million.

“This is full of people paying high rents and is very valuable property,” he says lifting one water bottle. “This is very different,” he says lifting the other, “It’s in a part of town where the values are not nearly as high, it’s only half full and it’s less valuable.”

You’d think the corporate owners of the more expensive property would have to pay more taxes, as homeowners do when our houses are appraised higher. But no. The owner just gets his lawyers to go down to the appraisal district and argue that both skyscrapers should be taxed at a similar level.

Astonishingly, they’ll likely get away with it, just like many other owners of large commercial and industrial properties across the state who each year deprive the state coffers of billions — Collier estimates it’s at least $7.5 billion. Homeowners have to make that up in our tax bills. Why? Because of a simple loophole that lawmakers could fix if they wanted but won’t: the state of Texas doesn’t define what a “comparable” property is.

So the rich guys get to claim it’s whatever they say it is and the apraisal districts often don’t have the time or high-power lawyers to fight them. Collier says he first started studying the problem around 2011 when he saw lawmakers cutting public education by $5 billion and yet his property taxes kept going up.

“I smelled a rat,” he told us.

Collier says he’d pass a few simple tweaks to close the loophole: define “comparable” by such things as location, age, utility. Pass a mandatory sales price disclosure, like most states have. And require everybody to pay their own legal fees in litigation rather than only losers paying.

That isn’t the only way Collier plans to get ordinary Texans some tax relief, but it’s one his favorite ways and one of our favorite reasons for endorsing the Democrat perhaps more enthusiastically than any other candidate on the ballot.

It goes on from there and you should read it. What’s amazing is how much of this very long endorsement is about Collier and his ideas and plans, and how relatively little is about Dan Patrick, despite how easy it would be to write a couple thousand words about why no decent person should think about voting for Dan Patrick. Being good enough and exciting enough to overcome the urge to trash Dan Patrick – that’s really saying something. Let’s hope enough people are listening.

In other endorsements, the Chron recommended Democrat Jon Haire in CD36, partly because Haire is a mensch and partly because incumbent Rep. Brian Babin is an insurrectionist. They also endorse State Rep. Christina Morales for re-election in HD145. As a constituent of hers, I concur.

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Weekend link dump for October 9

Posted on October 9, 2022 by Charles Kuffner

“Even if the Equal Rights Amendment were somehow ratified today, this Supreme Court wouldn’t care.”

“But recently, this tidal wave of backlash against hormonal birth control has made its way into another sphere of influence. Anti-abortion activists—many of whom are morally opposed to the idea of contraception because they consider it a form of abortion or just morally wrong—have found that wellness influencers, many of them pro-choice, are a boon to their cause. While previous generations of activists saw picketing outside abortion clinics as their only option for engaging the public, today’s crusaders are also using social media to win followers, incorporating wellness messages into confessional videos and stylish memes to convince their audience that hormonal contraception is not only sinful but also unhealthy.”

“Actor Bruce Willis Becomes First Celebrity to Sell Rights to Deepfake Firm“. That…doesn’t actually sound great to me. But maybe I’m wrong.

TV shows get gun violence wrong. Color me shocked.

“In the past decade, several studies have suggested that lawmakers are more likely to take action on climate change when they — and their constituents — have had to deal with the disastrous consequences of previously doing nothing.”

“Cape Coral is a microcosm of Florida’s worst impulse: selling dream homes in a hurricane-prone flood zone. But people still want them.”

“Medical groups ask Justice Department to investigate threats against hospitals over gender-affirming care”.

“Since the January 6th insurrection, more than two thirds of the corporations who announced they would no longer support members of Congress who refused to certify Trump’s loss have abandoned their commitment. And many others have continued to fund sedition without batting an eye.”

RIP, Sacheen Littlefeather, activist for Native Americans who declined Marlon Brando’s Oscar for “The Godfather” on his behalf at the 1973 Academy Awards. The Academy issued her a formal apology just this past June.

RIP, Loretta Lynn, country music icon and the subject of Coal Miner’s Daughter.

“The Biden administration is issuing fresh guidance reinforcing the legal protections for pregnancy and abortion under Title IX“. I can almost feel the lawsuit that will be filed over this.

Sorry, Mikey. Actually, not sorry at all.

RIP, Tiffany Jackson, former All-American basketball player at the University of Texas who went on to play nine seasons in the WNBA.

“That’s right, Scoob fans, Velma is now officially a lesbian!”

RIP, Jim Redmond, father of Olympic runner Derek Redmond, who memorably helped his injured son cross the finish line in the 1992 Games.

RIP, Ramiro “Ramsey” Muñiz, activist and first Hispanic to have his name on a Texas general election gubernatorial ballot. Stace noted this earlier.

“Abortion is murder…until there’s a Senate seat on the line, apparently.” Never believe a word these people say about their “deeply held values“.

“How long have conservatives been screaming about this? Since the ’80s? The ’50s? The Great Depression? And nothing has ever happened. But they keep screaming and screaming anyway without even a shred of evidence that the national debt is actually a problem.”

“This is when I asked again if someone would put me to sleep. A surprise hysterectomy is not something one generally wants to hear and see and, unfortunately due to all the cauterizing, smell.”

Do better, Great British Bake Off. We deserved a lot better than that.

The store where we buy our dog food is a delightful old un-air-conditioned shack, just north of downtown and just next to our chi-chi neighborhood. In business since 1928 selling animal feed and various farm animals (yes, in the heart of urban Houston), owned by the same (male) couple since 1991, it’s been the place to go for backyard farmers for decades. They’re moving to a new location, thankfully not far away, and while it will be weird to not have them in their current space, I’m just glad they will continue to exist. Shop local, y’all.

RIP, Judy Tenuta, groundbreaking, accordion-playing, Grammy-nominated comedienne.

If you’ve heard about some controversy involving people who write books about Westeros with George R.R. Martin and wanted to know more about it, here’s the very deep dive that you need.

“The muted response from some of the country’s most virulent critics of abortion is an instructive reminder that for many conservatives — particular conservative politicians — opposition to abortion has little to do with morality, and everything to do with politics.”

If you’re lucky enough to catch a historic home run, make sure you know a good accountant.

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You can be gay, you just can’t act gay

Posted on October 9, 2022 by Charles Kuffner

So rules a notoriously anti-gay Trump judge, narrowing a SCOTUS ruling from just two years ago at the behest of the usual suspect.

A federal judge has ruled that Biden administration guidelines requiring employers to provide protections for LGBTQ employees go too far, in a win for Texas Attorney General Ken Paxton, who brought suit against the rules last fall.

The rules were first issued after the landmark ruling in Bostock v. Clayton County in 2020, in which the Supreme Court ruled that Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, sex or religion, includes protection for gay and transgender people.

In 2021, the Biden administration released guidance around the ruling, noting that disallowing transgender employees to dress and use pronouns and bathrooms consistent with their gender identity constituted sex discrimination.

Judge Matthew Kacsmaryk, a Donald Trump-appointed U.S. district court judge for the Northern District of Texas, found that Title VII prohibits employment discrimination against an individual for being gay or transgender, “but not necessarily all correlated conduct,” including use of pronouns, dress and bathrooms.

Earlier this year, after Paxton issued a nonbinding legal opinion that gender-affirming medical care for transgender minors could be considered child abuse, Health and Human Services Secretary Xavier Becerra released additional guidance that federally funded agencies can’t restrict people from accessing “medically necessary care, including gender-affirming care, from their health care provider solely on the basis of their sex assigned at birth or gender identity.” Kacsmaryk also ruled to vacate that guidance.

[…]

Kacsmaryk is himself known for his opposition to expanding or protecting LGBTQ rights. Before being nominated to the bench, Kacsmaryk was the deputy general counsel for the First Liberty Institute, a conservative legal organization focused on religious liberty cases. In a 2015 article arguing against the Equality Act, Kacsmaryk wrote that the proposed legislation that would prohibit discrimination based on sex, sexual orientation or gender identity would “punish dissenters, giving no quarter to Americans who continue to believe that marriage and sexual relations are reserved to the union of one man and one woman.”

In a 2015 article for the National Catholic Register titled “The Abolition of Man … and Woman,” Kacsmaryk called the term gender identity “problematic” and wrote that, “The campaigns for same-sex ‘marriage’ and ‘sexual orientation’ and ‘gender identity’ (SOGI) legislation share a common legal theory: Rules predicated on the sexual difference and complementarity of man and woman are relics of a benighted legal regime designed to harm ‘LGBT’ persons, or at least deny them ‘full equality.’”

I wonder sometimes how Ken Paxton would do if instead of being able to pick his judges he always had to argue his cases in front of a judge that, you know, ruled on the law and the merits of the case rather than on what they felt like. Probably would have a lower batting average, I’m thinking. Anyway, that ruling was 6-3, with Gorsuch the author and Roberts joining him and the (at the time) four liberals. That means that five judges who ruled for the plaintiffs are still there. It’s certainly possible, maybe even likely, that the Biden administration read that ruling in as expansive a manner as they thought they could, and as such they could have overstepped what SCOTUS had in mind. I suppose we’ll get to find out, once the Fifth Circuit does its duty of upholding the ruling. We know that in general this SCOTUS doesn’t give a crap about precedent, but maybe they’ll feel differently when it’s their own precedent.

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Uvalde school district suspends its entire police force

Posted on October 9, 2022 by Charles Kuffner

Um, wow.

Uvalde school officials on Friday suspended all of the district police department’s activities following the firing of a recently hired district officer who was revealed to have been among the first state troopers to respond to the deadly school shooting in May.

Lt. Miguel Hernandez and Ken Mueller were placed on leave, and other officers employed with the department will fill other roles in the district, according to a Uvalde Consolidated Independent School District press release issued Friday. Mueller decided to retire, the release said.

The release did not specify why Hernandez and Mueller were placed on leave. A district spokesperson did not immediately return phone and email messages.

The decision arrived 10 days after protesters set up at the UCISD administrative building to demand the removal of officers from campus grounds until investigations into the police department’s response to the shooting are complete.

The district said decisions regarding the future of the department had been pending the results of two investigations, but it suspended the department’s activities Friday citing “recent developments that have uncovered additional concerns with department operations.”

[…]

Upon suspending the police department, the district asked DPS for extra troopers for campus and extra-curricular activities, according to the Friday news release.

Berlinda Arreola, the grandmother of Amerie Jo Garza, a 10-year-old who was among the 19 students killed in the shooting, was walking into her workplace when she received an email with news about the suspension of the school district’s police department. Arreola told her supervisor she had to go.

“Go go go go,” the boss told her.

She went to meet other family members of the victims, who have been gathering outside the school district to protest. Arreola said she hugged everybody.

“This was a huge step,” she said. “But there’s still a lot of, there’s still a lot more that needs to be done and so we’re going to continue the fight because we’re not done.”

I did not follow the story of the former DPS trooper, whose name is Crimson Elizondo, who was hired by the Uvalde police despite being under investigation by DPS for the way she responded to the shooting. You can read the story and click the links to catch up as needed. I’m just trying to think of something remotely analogous to this in my memory, and I cannot. I am absolutely stunned. Texas Public Radio has more.

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