HCCLA – Page 2

Clemency Project – Help Needed

July 26, 2015 2 Comments

Lawyers,

Your help is urgently requested.

President Obama has asked criminal defense lawyers from across the country to get clemency petitions before him. Quickly. Time is running out for the President to grant clemency to defendants across the country. There are literally thousands of applications waiting for the attention of a defense attorney to determine whether or not the applicant qualifies for clemency, and if they do, to make the application.

Please, please, please become a part of this historical effort. This goes to the very core of what we do. Non-violent offenders are sitting in jail waiting for you to use the key you hold to unlock the door to their cells and send them home. These defendants are sitting in jail and they do not need to be there any longer, but the opportunity to fix this is quickly disappearing. Please act today.

Get more information here: https://www.clemencyproject2014.org/

Get started here: https://www.clemencyproject2014.org/volunteers/intro

There is a two hour training available and assistance at each stage.

We have an opportunity to get involved and be the largest local bar participating. Our lawyers are some of the best in the nation and we can certainly help by joining in.

Nicole DeBorde and Jim Lavine have already started the training.

Here is your chance to get your legal work in from of the President and help a family, one application at a time.

UPDATE: we are hosting a FREE 1 HOUR ETHICS CLE on how to navigate this process and file your petition. Register online for our September 3, 2015 CLE :: noon, 7th floor attorney ready room, Criminal Justice Center, Houston, Texas

McSpadden Battles Jail Overcrowding

July 9, 2015 1 Comment

Today, Senior District Court Judge Michael McSpadden shared his thoughts with Senator John Whitmire regarding jail overcrowding.

While we do not always agree on each issue, we applaud Judge McSpadden for his efforts in pushing for reduction in low-level drug offenses which would clearly have a major impact on our local jail overcrowding. Rather than shipping inmates out of county for holding, pending court (meaning they have not been convicted of anything), had the legislature reduced the “trace” cocaine cases to misdemeanor class C offenses, a substantial portion of those awaiting trial would be released so that courts, law enforcement, and prosecutors could focus on more serious offenses and more violent offenders. Additionally, barring a legislative change, elected District Attorney Devon Anderson could exercise her prosecutorial discretion to serve the same purpose.

Jail overcrowding is a problem. It must be fixed. Shipping inmates around the state for housing is not the answer.

Thanks to Judge McSpadden for at least attacking the problem and offering viable solutions. Read Judge McSpadden’s correspondence here:

Download (PDF, 80KB)

How Do You Do It All?

June 9, 2015 Leave a Comment

by Lisa Shapiro Strauss, Attorney at Law, mother of 3 kids & Rabbi’s wife

Every working Mom has heard this question, from either our friends who are not working or those without children. This is one of the greatest challenges young women face. Just a generation ago, most women did not work outside the home full time. While some of these apply to men as well, there are issues that are uniquely facing Moms at home (whether single Moms or married Moms).

Fortunately, I had a fantastic role model. My Mom was a small business owner, politician and community volunteer. On top of that, she raised 3 children, ran carpools, cooked meals and made it all look easy! However, she was probably unraveling underneath the surface and hanging on by a thread at times. She didn’t have many friends in her similar circumstances to lean on in stressful moments. Talk to your peers – go out for a glass of wine, unwind and vent your frustrations!

In our generation, things have gotten better as men take more responsibility at home with children and housework. However, a line item in my budget is to pay someone else to do the housework and laundry for my family of five. There are too many people looking for work that can take this jobs off your plate. I never want to feel guilty about spending quality time with my kids because there is a sink full of dirty dishes staring at me. Your time per hour is so much more valuable spent working or with your family.

Prioritize your extra-curricular activities. When my children were babies, I gave up volunteer opportunities and was not available for evening meetings. There were a few volunteer positions I wanted to hold onto, but realized I wasn’t helping anyone if I couldn’t fulfill my commitments. The time comes when you can take on more activities, but it needs to be once you are ready and your family can handle having you away from home.

You have to spend time every single day taking care of yourself, both physically and mentally. Get up early to take a spin class or break out of your routine early and go to yoga or for a walk. I love being done with my exercise by 6:00am before my kids get up, so I can make lunches and get them out the door. However, you have to get enough sleep so you don’t run your body down. You know what works for you, but you need to add it on your permanent schedule.

On a practical note, I could not live without my iPad, scanner and Dropbox. I have all my contracts, offense reports, photos, witness statements and other evidence scanned into Dropbox. Each Client has a folder in my Dropbox. I upload their videos and photos. I have access to my entire case file no matter where I may be in the world. I have done business on vacation (sadly), but more importantly, in my home. Any client that calls or issue that arises, I have the whole file at my fingertips 24/7. This is a lifesaver for a Mom on the go, driving carpool and sitting at baseball games.

You cannot be the best lawyer, best Mom, best wife, best friend and best volunteer. Something has to give and you need to decide which of these you value the most. Superwoman doesn’t exist and don’t fool yourself into thinking you are the first who will be able to do it all.

At the end of the day, turn off your ringer and enjoy your family. Our children’s well-being affects us and ours affects theirs. We are inexplicably connected. The quality of the time we spend with them matters. We cannot hear our children while we are face booking, texting and watching the news at the same time. Spend time unplugged!

We all need to stop and enjoy the fruits of our labor (no pun intended)! Before we blink, our babies will be gone and all those clients will be a faded memory. Cherish every moment you have with your kids so you don’t regret this time later. The kids will remember your presence and it does make an impact on their future.

Practice Pointer: Ethical 8

June 9, 2015 Leave a Comment

By: Jason Truitt

Don’t refuse to accept a plea because your client hasn’t finished paying you—your business model should not cost your client her liberty and it most likely violates the Texas Disciplinary Rules of Professional Conduct. A few hundred dollars isn’t worth a grievance;
Corollary to No. 1: If the representation has concluded and the client has defaulted on payments—forgive the debt. A few hundred dollars isn’t worth a grievance;
No snitching; [i.e. don’t reveal your colleagues confidences]
Don’t ex parte a judge;
If you see unethical conduct by a lawyer or a judge, confront it appropriately—this may mean throwing bombs, or it may mean showing some tact, but it requires action;
Don’t represent co-defendants;
Read the charge and punishment ranges to your client;
Don’t give immigration advice unless you know what you’re talking about; most of all never advise that a plea “won’t affect your status at all” in order to get the plea done.

Thankful for Heart

May 26, 2015 Leave a Comment

We are so quick to point out the bad rulings w FullSizeRender-2 e get. Let’s take a moment and be thankful for the judges who immediately cancelled their courts this morning in light of flooding. They took to social media to get the word out or had their staff text.

Thanks to Judges Ryan Patrick, Kristin Guiney, Catherine Evans, Brock Thomas, Susan Brown, and Jay Karahan for the compassion, saving folks from driving downtown needlessly, and for the heads up on social media! (If there were others, we missed them)

45th Annual HCCLA Banquet Success

May 21, 2015 Leave a Comment

Thanks to all who attended our annual banquet. Our honorees truly left us all inspired to be better, do more, and stand up!

Photos from the evening are available here

Tyler Flood, our member of the year, was unable to attend but kindly sent a video thanking us for the honor. He looks forward to his upcoming year as President-Elect.

Chris Tritico received the president’s award for his mentorship and assistance to Carmen Roe during her tenure as President.

David Ryan was once again honored (3rd year in a row) as our mentor of the year for his never-ending mentorship of young lawyers.

Thuy Le, one of our unsung heroes, was highlighted as a champion against all odds, even the judiciary. Much of her story can be found in the Houston Chronicle archives as reported by Lisa Falkenberg (Pulitzer Prize Winning Journalist): here and here. She stood up to a judge trying to take a child away from her 12 year old client.

Nicolas Hughes, another unsung hero, was praised for his work against the sexual offender civil commitment process and Judge Sieler.

Dick DeGuerin was honored for his 50 years in practice and his dedication to HCCLA. He is a founding member, a past president, and recipient of awards (lawyer of year, lifetime achievement). He also swore in our officers and directors for the upcoming year. This year’s officers: JoAnne Musick (President), Tucker Graves (Vice President), Lisa Strauss (Secretary), Steven Halpert (Treasurer) and Tyler Flood (President-Elect).

David Dow, our torch of liberty recipient, was honored for his struggle against the Court of Criminal Appeals wherein Judge Keller has taken a personal interest in harming defendants by removing David as counsel. You can read about it here. David appeals his suspension and lawyers across the state have called for a reinstatement and a proper hearing on the matter.

Mark Bennett, our lawyer of the year, achieved some magnificent results this past year. Almost single-handedly, he has taken on the penal code and challenged several statutes under constitutional grounds. Not surprisingly, he has prevailed!

Stanley Schneider, our lifetime achievement honoree, has had a distinguished career defending the accused. And, he is not even close to being finished! He has overturned death sentences, appealed cases to the United States Supreme Court, and mastered the art of his craft: trials and appeals.

It was such an honor to share our evening with these amazing lawyers. We are truly thankful for their example. May we all strive to achieve such results.

HCCLA presents Reasonable Doubt

March 29, 2015 1 Comment

For years, HCCLA has hosted a weekly call-in show through Houston Media Source: live streaming available Thursdays from 8-9pm. Currently, our hosts are Jimmy Ardoin and J. Julio Vela. Former hosts include Dan Gerson, Cynthia Henley, Robert Fickman, Kevin Fine, Todd DuPont, Tate Williams, Neal Davis, Murray Newman, and Damon Parrish II. That’s a lot of hosts over the years! Of course, we have been on the air since 1998!

Each week you can join us for live streaming at Houston MediaSource. Or, check your local cable channel and join the conversation at 8:30p by calling us @713.807.1794 or tweet us @hccla_tv.

Additionally, you can view past episodes on our website or YouTube channel.

Watch us! Call us! Tweet us! and Follow us!

Special thanks to our behind the scenes producers and volunteers who make this happen every week: Thuy Le, Justin Harris, J. Julio Vela and Mark Pirtle.

HCCLA Files Amicus on behalf of David Dow

March 19, 2015 Leave a Comment

HCCLA filed its Amicus brief in support of David Dow in his fight to overturn his suspension which was illegally handed down by the Court of Criminal Appeals without authority or due process.

view/download amicus here: HCCLA Filed Dow Amicus

Reprinted substance of amicus brief:

Now comes, the Harris County Criminal Lawyers Association, by and through the undersigned attorney and files this Amicus brief in support of David Dow, Relator-Petitioner and would show this Court the following:

Statement of Interests

The Harris County Criminal Lawyer’s Association (HCCLA) is a bar association of over 700 lawyers in Harris County, Texas who practice criminal defense law. HCCLA is the largest local criminal defense bar in the country. HCCLA’s mission is to assist, support, and protect the criminal defense practitioner in the zealous defense of individuals and their constitutional rights. It is further HCCLA’s mission to educate and inform the general public regarding the administration of criminal justice of the need for an independent, ethical, and professional criminal defense bar.

Statement in Support

HCCLA is concerned that the Texas Court of Criminal Appeals (CCA) action suspending Relator-Petitioner David Dow (Dow) from appearing before it, exceeds its statutory and legal authority to discipline attorney, and constitute a chilling threat to a small segment of the bar in Texas who represent death row inmates. HCCLA believes that sanctioning Dow outside the scope of its power without referring the disciplinary matter to the appropriate court, the CCA has deprived Dow of his constitutional rights under the due process clause of the Fourteenth Amendment. The Fifth and Sixth Amendments and due process provisions of the United States Constitution are applicable in contempt proceedings. Dunn v. United States, 442 U.S. 100 (1979) HCCLA believes that the action by the CCA conflicts with the Supreme Court of the United States decision in Gentile v. State Bar of Nevada, 501 U.S. 1030 (1991), which held that an attorney has a liberty interest in the practice of law.

HCCLA joins the brief of the Texas Criminal Defense Lawyers Association and National Association of Criminal Defense Lawyers Association in their statement of support for Dow. HCCLA believes that this Court should grant mandamus in this case to preserve its jurisdiction conveyed to it by the legislature to regulate the practice of law in this State and to ensure Dow is accorded due process as guaranteed by the Texas and United States Constitution.

RESPECTFULLY SUBMITTED,
/s/ Carmen Roe
CARMEN ROE
PRESIDENT, HARRIS COUNTY CRIMINAL LAWYERS ASSOCIATION (HCCLA)

Winter Defender 2014 Online

March 18, 2015 Leave a Comment

The newest issue of the Defender (Winter 2014) is now available online for viewing and downloading.

Visit our publications page for a link!

This issue includes:

Mediation?…In My Criminal Case? (by Jason Truitt)
Practice Pointers
Juvenile and Felony Sentencing
Wants vs. Needs
What the Welder Taught Me
Kent Schaffer: A Profile (by Thuy Le)
Strategy: Donald Rumsfeld & the Unknown (by Joseph Varela)
How Do You Do It All? (by Lisa Shapiro Strauss)
And regular features
Winning Warriors (compiled by David Ryan)
News Round Up (current events)
Chess Corner (by Tyler Flood)

Mock Trial

March 10, 2015 Leave a Comment

HCCLA hosts an annual mock trial competition for local high school students. Chris Tritico and James Stafford show up every year to do the lion’s share of the work. That said, they cannot do it alone. This is an extremely rewarding event for our members and our students who hoped to be lawyers one day. I hope everyone will consider joining us next year for another exciting mock trial experience!

Pictures from the event are on our facebook page

Students took the time to write and give thanks!