Robert Pelton

Declaration Reading Statewide!

June 6, 2016 Leave a Comment

What started with HCCLA has now grown into a statewide mission due to the continued efforts of our own Robert Fickman, HCCLA past president.

Timeline:

2010 – Robb started this tradition in Harris County for HCCLA

2011 – Robb started organizing readings statewide for TCDLA

2012 – Robb took it nationwide (and continued growing it statewide)

2013 – 52 readings across Texas

2014 – 74 readings across Texas

2015 – 139 readings across Texas

2016 – 254 readings across Texas – if you didn’t know, 254 represents every county in Texas!

Robb Fickman grew up in Midland Texas and moved to Houston to finish high school and then to Austin where he got his degree in political science. He then came back to Houston and attended the University of Houston Law School. Robb had an interest in the law and like many other members saw an opportunity to help those who could not help themselves. Robb never worked as a prosecutor and always has done his best to protect the rights of those citizens who are accused of crimes.

Robb is also mindful of the history of the United States and in 2010 organized the 1st reading of the Declaration of Independence in Harris County. In 2011, this event went statewide with lawyers reading in many counties. In 2012, lawyers started reading nationwide. In 2013, 2014, and 2015 the mission and reach continued to grow.

Now in 2016, thanks to Robb’s unrelenting efforts the Declaration of Independence will be read on the courthouse steps in every county in Texas. Managing 254 counties requires a lot of time and effort and for this Lawyer Fickman deserves our thanks and gratitude.

Our country is in a state of turmoil now and events like this emphasize to the public the importance of the laws and rules we follow in the United states of America. As July 4 approaches be aware of what Lawyer Fickman and many others will be doing by publicly reading this historic document. You too can join us on Friday, July 1st on the Harris County Criminal Justice Center’s steps for our reading. Lawyer Fickman is not a soldier fighting on a battlefield, but he is doing something that will inspire our citizens and remind them that we still live in the Land of the Free and the Home of the Brave.

DON’T TAKE YOUR GUNS TO TOWN

February 1, 2016 Leave a Comment

Don’t Take Your Guns to Town, by Robert Pelton (past president)

If Wild Bill Hickok was walking down the streets of Houston or Abilene or any other place in Texas with his guns, he would probably be approached by the police and arrested. Wild Bill has a concealed handgun license but Wild Bill doesn’t carry his pistols in a holster, he carries them stuck in a sash wrapped a gun totin round his waist. Too bad he didn’t understand the nuances of the new open carry law, but then, who does?

Several months have passed since the law was signed giving law enforcement time to study and prepare for a freedom not allowed in Texas since after the War Between the States. But there is significant controversy about the new open carry law.

Growing up in Abilene we all watched John Wayne, Audie Murphy, Lash Larue and other war and cowboy movies, where the good guys fought for noble causes and always won the day. And once again we are returning to the days of wearing a holster on our hip. But it turns out carrying a gun is more dangerous than “The Duke” may have led us to believe. When real bullets fly real lives are impacted in ways not illustrated on the silver screen.

Guns sales are at an all time high. The murder rate has escalated in Texas and many other places. There were 283 murders in Houston in 2015; the last one was in a hotel on the north side of town. Today, citizens are fearful about where our communities are headed. We all want to feel safe in our homes and when out in public. As a result, many law abiding citizens are choosing to carry guns for protection.

Every gun owner should know the power they have to do either good or harm with the weapon they carry, and the risk they take by carrying. Unless a person has been in the military or worked in law enforcement, they may not be properly trained on how to defend themselves or use a firearm. And they likely have not truly grasped the potential consequences of that act. We all want to protect our families, friends, other citizens and ourselves from the bad guys, but before this happens you need to be prepared. Buying that new shiny pistol is exciting but before you carry or shoot it, remember that pistol is a tool – a dangerous tool. Get the right kind of pistol. Study it, examine it, read the instructions, and practice safely with it before you start toting it around.

For your own safety, as well as others, you should understand how to care for your pistol. One of my gun toting friends who usually carries a couple of pistols was bragging about being prepared. I asked him to let me examine the pistol he carried in his boot. It would not even work because it was so dirty. He was embarrassed. A retired Texas Ranger friend of mine who gave me his hideout gun showed me the one he now carried. He, too, was embarrassed as I pointed out to him it might shoot one time and no more because the slide was dirty. Recently in Abilene, a group of my friends were showing off their barbeque guns, those shiny big guns they wear when having a cook out. One of them was fooling with his pistol and it accidentally went off. Luckily it did not kill one of them.

Today, the new law allows a person with a concealed hand gun license to openly carry if it is in a holster. The Old West may have risen again, but the “basics” of carrying a gun will never be the same. With more freedom comes a greater responsibility to be well trained on handling and operating a weapon. It also comes with some legal risk to the carrier. The district attorney has graciously provided HCCLA an interpretation of what the law means. JoAnne Musick, as president of HCCLA, has provided us with the position of the defense bar. While they are similar in many ways, there is still some polite disagreement about what the new law means. Can a police stop you and ask to see your license? Yes! Should you show it to them? Yes! But what happens if you don’t? Well….it is a little unclear. This lack of legal clarifications as to the application of this law is a problem, and it will be for your future clients. We will only know the answers when someone is arrested and judged on the facts of their situation. Be aware that someone will be the guinea pig on which this law is tried and those yet-to-be-determined answers are defined. That person may be your client.

As lawyers, what do we advise our gun toting clients? Make sure you have a good reason for openly carrying your shiny new pistol and that you have a concealed hand gun license if you intend to carry one. Be aware that you may, and probably will be, a target for law enforcement to stop and ask you questions. When the police may ask you if you have a permit be polite and tell them the correct answer. This is the moment where potential problems arise. Also be aware that if you are in the wrong place at the wrong time an outlaw may try to shoot you first because you are openly carrying a pistol.

We do know that Penal Code 46.02 still remains the law and allows gun rights to those individuals who do not have a concealed handgun license. The revisions that took effect January 1, 2016 now state that a person commits an offense if the person intentionally, knowingly, or recklessly carries a handgun in a motor vehicle or watercraft that is owned or controlled by that person at any time if (1) the handgun is in plain view, unless the person is licensed to carry a handgun and the handgun is carried in a shoulder or belt holster, or (2) the person is engaged in criminal activity, or (3) prohibited by law from possessing a firearm, or (4) a member of a criminal street gang.

Also note that even with a license a gun owners can’t waltz into just anywhere without taking notice of the posted signs. Gun owners and business owners alike should be aware of Texas Penal Code 30.06 which details the requirements for signs a business may display to prohibit guns on their premises. According to a “reliable and credible” law enforce source who shall remain nameless for his own protection, many of the signs posted by business owners are not even effective as they do not comply with the code. This may save your gun-slinging client but not your gun-shy business owner. Makes sure you have crossed all your “T”s and dotted all your “I”s before posting your sign and expecting it to be enforced.

—

Penal Code 30.06

(a) A license holder commits an offense if the license holder:

(1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and

(2) received notice that:

(A) entry on the property by a license holder with a concealed handgun was forbidden; or

(B) remaining on the property with a concealed handgun was forbidden and failed to depart.

(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.

(1) “Entry” has the meaning assigned by Section 30.05(b).

(2) “License holder” has the meaning assigned by Section 46.035(f).

(3) “Written communication” means:

(A) a card or other document on which is written language identical to the following: “Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun”; or

(B) a sign posted on the property that:

(i) includes the language described by Paragraph (A) in both English and Spanish;

(ii) appears in contrasting colors with block letters at least one inch in height; and

(iii) is displayed in a conspicuous manner clearly visible to the public.

(d) An offense under this section is a Class A misdemeanor.

(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.

—

AS WE ENTER THE NEW YEAR with the open carry law, there are several things to remember: safety first. A firearm is designed to kill. Yes, there are some people who skeet shoot or go to a gun range but a firearm is designed to kill. If you have ever been in law enforcement as a licensed peace officer or in the military, you will know the consequences of weaponry ignorance. Firearms are not games. They are designed to cause destruction of a target. And secondly, this new law could dramatically affect the status quo. Our clients need to understand they must make sensible decisions when choosing to carry. We know many of them will not. That is what keeps us in business. Still, we as lawyers are also in the law enforcement business. Our job is to make sure our clients are legally arrested and searched. This job is made more difficult now because no one knows for sure the details to this new law. Johnny cash sang a song, DONT TAKE YOUR GUNS TO TOWN. I RECOMMEND YOU READ THE LYRICS OR LISTEN TO THE SONG before you take your guns to town. Think long and hard about the consequences. (https://www.youtube.com/watch?v=KMMp_llzBT4)

Do you want to go away peacefully in the night or “Die with your Boots On??” Do you want to be judged by 12 or carried by 6?

“I have a very strict gun control policy. If there is a gun around, I want to be in control of it.” – Clint Eastwood

“There are no dangerous weapons. There are only dangerous men.” – Robert Heinlein

“A man’s rights rest in 3 boxes. The ballot box, the jury box .and the cartridge box.” – Frederick Douglas

This is all very serious business and when a shooting happens, many people may “beat the rap but not the ride.”

Rudolph (and gifts to judges)

December 21, 2015 Leave a Comment

Rudolph
By: Robert Pelton (HCCLA Past President)

Rudolph by Annslee Pelton (granddaughter to Robert Pelton)

All of you have heard the song, “Rudolph the Red-Nosed Reindeer” and are familiar with its main character Rudolph. Rudolph was created in 1939 by Robert May, an employee of Montgomery Ward. Although sources vary as to whether May created the story of Rudolph to promote sales at the Christmas season or to give as a gift to his young daughter to bring her comfort, May was doing his best to keep his job and comfort his child because Ms. May was dying of cancer.

May was picked on and bullied as a child, and the story of Rudolph was based on those personal experiences. Rudolph was Santa’s 9^th reindeer who was mocked by the other reindeers because of his shiny red nose. Like May, Rudolph was mocked and bullied, but in the end, Rudolph became the hero when he was chosen to lead Santa’s sleigh on a foggy Christmas Eve.

Johnny Marks, Robert May’s brother-in-law, actually wrote the song “Rudolph the Red-Nosed Reindeer.” My friend Carol Erickson remembers Johnny Marks, who served as a Captain in the Army during World War II. Carol’s dad served in the same unit as Johnny. After the war, Carol remembered Johnny coming to her house wearing a red suit and driving a new red Cadillac. Johnny tried to pitch the song to many popular singers such as Dinah Shore, Perry Como, Bing Crosby and Frank Sinatra, but none were interested. At the urging of his wife, my hero and family friend Gene Autry recorded the song in 1949. It was an immediate hit and became one of the top songs in music history selling millions of copies.

“Rudolph the Red-Nosed Reindeer” has become a piece of modern folklore and a metaphor for overcoming obstacles, embracing the difference and recognizing everyone’s unique potential. As you review the lives of your clients in an ethical manner, you may find a little or a lot of Rudolph in them. Your client may have come from a broken and dysfunctional home, or have learning disabilities or mental issues. It is important to get your client’s full life history. The recommendation is that you go back three generations in your client’s life. No matter how bad and bleak the case looks, there may, and probably will, be some social redeeming qualities.

It is our job to zealously defend our clients in an ethical manner. If your client is a veteran, get all of his records whether good or bad. Also get a copy of the school and medical records. Do not forget to have your client stop all social media, especially Facebook. Serious prosecutors will be checking to see what a defendant has posted. If your client is in jail, warn him to be aware letters can be read and may be used against him and to beware of phone calls from jail. Be mindful of conversations in the hallways at the courthouse. It has happened that bystanders including law enforcement have testified about what they heard.

Once your investigation is complete, you may find your “Rudolph” has a history that will help him guide the sleigh to a positive outcome, or produce mitigation of the punishment. Even the worst among us has done something right in life. The research done on the ancestors of your client may help explain and or excuse his behavior. As my psychiatrist friend Geoff Grubb believes – only a very small percentage of humans are “Born to be Wild.” The remaining commit crimes because of many factors: poverty, inferiority complex, peer pressure, opportunity, desperation, drugs, depression, mental disorders, overpopulation, politics, racism, TV violence, and regionalism.

Like Rudolph, your client’s life may be changed forever if given the chance. If your “Rudolph” has alcohol or drug problems, enroll them in AA or NA. Encourage them to get a job, go to school and church, and any other positive thing that will help get them back on the right track.

Always remember: Santa Claus and the Grievance Committee are watching you.

ACCEPTANCE OF HOLIDAY GIFTS BY JUDGE AND STAFF

Opinion No. 194 (1996)

QUESTION: Is it a violation of Canon 4(d)(4) of the Texas Code of Judicial Conduct for a judge, court coordinator, court reporter (and clerks and bailiffs) to:

accept holiday or seasonal gifts (assuming such to be commensurate with the occasion); or
attend holiday or seasonal law firm parties?

ANSWER 1: Yes. A judge may only accept a gift from a friend for a special occasion and then only if the gift is fairly commensurate with the occasion and the relationship. Canon 4D(4)(b). A Judge may accept any other gift only if the donor is not a party or person whose interests have come or are likely to come before the judge. Canon 4D(4)(c). Opinion No. 44.

Texas Judicial Ethics Opinions Page 115 of 170

The Committee concludes that a holiday or seasonal gift from a lawyer or law firm where a lawyer is not a friend is prohibited. Where a friendship exists, the gift must be commensurate with the occasion and the judge must be mindful of Canon 2A and should act in a manner that promotes public confidence in the integrity and impartiality of the judiciary. A judge should not convey or permit others to convey the impression that they are in a special position to influence the judge. Canon 2B. Opinion No. 39.

ANSWER 2: No. A judge may attend holiday or seasonal law firm parties if the party is open to people other than judges and court personnel. Rule 4D(4)(b) and Opinion No. 39 permits a judge to accept ordinary social hospitality. The judge should act in a manner that promotes public confidence in the integrity and impartiality of the judiciary and should not convey or permit others to convey the impression that they are in a special position to influence the judge. Canon 2(A) and (B).

The answers above apply equally to the judge’s staff, court officials and others subject to the judge’s direction and control. Canon 3C(2) provides a judge should require staff, court officials and others subject to the judge’s direction and control to observe the standards of fidelity and diligence that apply to the judge. See Canon 3B(2) Code of Judicial Conduct, September 1, 1974, through December 31, 1993, and Opinions 110, 112 and 140 applying Code to court personnel.

Here is the main code provision that would apply to gifts:

Canon 4D:

(4) Neither a judge nor a family member residing in the judge’s household shall accept a gift, bequest, favor, or loan from anyone except as follows:

(a) a judge may accept a gift incident to a public testimonial to the judge; books and other resource materials supplied by publishers on a complimentary basis for official use; or an invitation to the judge and spouse to attend a bar-related function or activity devoted to the improvement of the law, the legal system, or the administration of justice;

(b) a judge or a family member residing in the judge’s household may accept ordinary social hospitality; a gift, bequest, favor, or loan from a relative; a gift from a friend for a special occasion such as a wedding, engagement, anniversary, or birthday, if the gift is fairly commensurate with the occasion and the relationship; a loan from a lending institution in its regular course of business on the same terms generally available to persons who are not judges; or a scholarship or fellowship awarded on the same terms applied to other applicants;

(c) a judge or a family member residing in the judge’s household may accept any other gift, bequest, favor, or loan only if the donor is not a party or person whose interests have come or are likely to come before the judge;

(d) a gift, award or benefit incident to the business, profession or other separate activity of a spouse or other family member residing in the judge’s household, including gifts, awards and benefits for the use of both the spouse or other family member and the judge (as spouse or family member), provided the gift, award or benefit could not reasonably be perceived as intended to influence the judge in the performance of judicial duties.

Ancillary to that would be the requirement to report certain gifts (depending on the value) in annual personal financial statements. That reporting requirement is for those officeholders who file reports with the Texas Ethics Commission or with the local county clerk per the Election Code. It is also generally covered under Canon 4I:

Compensation, Reimbursement and Reporting.

(1) Compensation and Reimbursement. A judge may receive compensation and reimbursement of expenses for the extra-judicial activities permitted by this Code, if the source of such payments does not give the appearance of influencing the judge’s performance of judicial duties or otherwise give the appearance of impropriety.

(a) Compensation shall not exceed a reasonable amount nor shall it exceed what a person who is not a judge would receive for the same activity.

(b) Expense reimbursement shall be limited to the actual cost of travel, food, and lodging reasonably incurred by the judge and, where appropriate to the occasion, by the judge’s family. Any payment in excess of such an amount is compensation.

(2) Public Reports. A judge shall file financial and other reports as required by law.

Finally, as you know, some gifts are illegal and could result in criminal charges under Chapter 36 of the Penal Code.

Robert Pelton is an HCCLA past-president and remains active in both HCCLA and TCDLA, as such, this articles is also reprinted in TCDLA’s online Voice for the Defense

The War Never Ends

November 11, 2015 1 Comment

Drawing by Sam Pelton, grandson to Robert Pelton

Honoring our Veterans and Getting their Records
by Robert Pelton, HCCLA Past President

November 11, 1918 marked the end of World War I. History books tell us that the bells rang and the war to end all wars ended. No veterans of that war are living today and there are very few civilians who were alive on the 11^th month of the 11^th day at the 11^th hour of 1918. In 1938, legislation was passed in the United States declaring November 11 to be “Armistice Day,” setting aside this day to honor those who served in World War I. Since 1954, November 11^th is known as Veterans Day. Virtually every family has a legacy from wars that have occurred since, including: World War II, the Korean “Conflict”, the Cold War, Viet Nam, the Gulf, the Iraq, Afghanistan and other lesser known and ongoing operations.

Dave Hood was a farmer in Cooke County, Texas when he was called to serve in the army in World War I to fight “in the war to end all wars.” Dave and thousands of young men went over the pond to fight for America. He was still there on the 11th hour of the 11th day of the 11th month when the war ended in 1918. He heard the bells toll and the people rejoicing that the war was over. He came back to Cooke County to continue his life. Dave was never the same. Cousin Dave suffered from what was then called “shell-shock.” Dave self-medicated with alcohol. Truth be known, his drinking got so bad that his wife (while he was passed out on the bed) sewed the sheets together and beat him with a broom. Despite his wife’s inventive efforts to make him stop, it never worked. Veterans Day was always special to Dave. Dave would walk to my granddad’s farm which was nearby and ask my Aunt Fannie to bake him a chocolate pie. He did every November 11th until he left this Earth.

My Uncle Lowell, who served with General Patton in World War II, came back from the war “shell shocked.” He had been in a tank attack, when his tank exploded killing several of his buddies in the tank. A day later, after being trapped inside with his fallen comrades, Lowell was rescued from the tank and taken to an Army hospital in France to recover. After eight months he was sent back to battle. When the war ended, he came back to Anson, Texas, where he spent the rest of his life shaken by the war, and self- medicated with all there was around–alcohol.

Doctors and therapists know a lot more these days. “Shell-shock” as they called it in the old days is Post Traumatic Stress Disorder, or now known as “Post Traumatic Stress.”

In my era, many of us enlisted or were drafted in to the military. Some served in combat while others were held in reserve. Two of my closest friends served in the 101st Airborne Division in 1965 and 1966. Frank survived, graduated from college and became a huge success. My other friend Robbie, who enlisted at age 19, survived but suffered from PTSD. He was constantly plagued by the memories of the war. He was in a unit called Tiger Force and was in long range recon patrol. Robbie would be dropped in to observe the enemy and report his findings to his superiors. Robbie was one of those young men who would cut off the ears of the enemy he killed and wear them as souvenirs. To say he returned a changed man is an understatement. Robbie died a couple of months ago. Although he was decorated with multiple Bronze stars, he wanted NO part of a military funeral.

Every client has a backstory. Ethically to zealously defend our client, we have to get that story in addition to the facts of the offense the State is trying to sell. Some clients are forthcoming with their story, while others are not. We have to DIG DEEP.

With our clients who served in the military, forget the “Thank You For Your Service” cliché. INSTEAD, SPEND TIME SHOWING THE VETERAN YOU CAN DO MORE THAN JUST TALK A GOOD GAME AND GET THEIR RECORDS. A former employee of mine kept telling me she was calling everyday to get records on our client without success. In frustration, I stripped her of the assignment and actually reached the powers that be on the phone. The records were emailed to me within 10 minutes.

All avenues must be explored for dismissal, a not guilty verdict, or for punishment mitigation. School records, medical records, and military records must be obtained. Military records are particularly useful because unlike medical records that are likely shredded after 10 years, or school records that were stored in a warehouse that was destroyed by a hurricane, THEY ARE ACCESSIBLE.

Below is a website that advises you how to get military records:

Military.com
National Personnel Records Center
1 Archives Drive
St. Louis, Missouri 63138
Fax 314-801-9195
Phone 314-801-0800
https://www.archives.gov/veterans/

I have attached the instruction and information sheet for a request pertaining to military records. The link is http://www.archives.gov/veterans/military-service-records/ or can be viewed here:

Download (PDF, 347KB)

Click on “Submit your request by MAIL or FAX using the SF-180 Form”

Getting military records can make a big difference in a veteran’s life. The records may help you get a case dismissed. It may help you mitigate punishment in the event of a trial or a plea. Pick up the phone and call if you need adult leadership. If all else fails, call 314-801-0800 to talk to someone about the records. The people who work these requests are generally very helpful. If this information is confusing to you, simply google “How to get Military Records.” You will be thanking a veteran for his service by getting the records and using those records to show a jury, prosecutor, or a judge what the veteran is made of.

Honoring the Fallen: Memorial Day

May 24, 2015 Leave a Comment

MEMORIAL DAY….. A SALUTE TO OUR HEROES

By: Robert Pelton and Anne Ritchie

If you think that you are having a bad day because your TV or phone or computer is not working, then get in your car and go to the nearest VA hospital and see real problems. People bitch and complain and gossip about BS all the time. In the hospital you will see men and women of the “Greatest Generation” suffering and coping with things most people can not comprehend. When my family members joined the army in WWII, they signed up for the duration of the war, not for two years or three years. They went over the pond as my uncle used to say and did not come back for over four years. When Lawyer Richard “Racehorse” Haynes was dodging bullets on Iwo Jima he was just trying to stay alive. My Abilene friend William Ervin Sims, who recently died at age 92, carried a BAR, a browning automatic rifle, weighing 16 pounds up the hills of Iwo Jima. Those two men and many others fought 35 days without rest and managed to survive.

Memorial Day has traditionally been a day of observance for the men and women who died in the sacrifice of the cause they were fighting for. This day is different from Veterans Day in that Veteran’s Day is set aside to honor all Veterans. Since many in the WWII and Korean War generation are growing older, I felt it incumbent on me to honor all Veterans by putting forth a short statement honoring those both living and dead who have served this great country.

One good friend and veteran Victor Blaine went away several months ago and I know he would approve of me writing this article now. John Saur is another Houston lawyer who froze for months when in Korea serving his country. When I asked him about the article he was happy and said any one who was worried about the date could come see him and he would have a surprise for them that he brought back in his duffel bag from Korea. John Saur was in the middle of the fighting and came back, finished college and law school and has been a lawyer almost 50 years.

Memorial Day is a federal holiday originally enacted to honor fallen Union soldiers after the Civil War. It was originally known as Decoration Day. Decorating the graves of their fallen soldiers was commonplace by Confederates even before the Civil War had ended, by southern ladies of Richmond and southern schoolchildren. The catastrophic number of dead soldiers from North and South alike meant that burial and memorialization was very important after the war. Townspeople, mostly the women, buried the dead and decorated graves during the war. The oldest national cemetery was created in 1862. After Abraham Lincoln’s death, many events to commemorate the war began. The first such event was in Charleston, South Carolina on May 1, 1865. Union soldiers who died there were buried in unmarked graves. Freed slaves knew of this and decided to honor these soldiers. They cleaned up and landscaped the burial ground. On that day, nearly 10,000 people gathered to honor the dead and 3,000 schoolchildren and others brought flowers to lie on the burial field. Historians said this was the first Memorial Day. African Americans invented Memorial Day in Charleston. Black Americans, freed from slavery brought flowers and sang songs about the war.

Speeches on Memorial Day were a time for veterans, politicians, and ministers to commemorate the war. People of all religious beliefs joined together and the point was made that immigrant soldiers had become true Americans because they had shed so much blood in battle. By 1870, much of the anger was gone and speeches praised the brave soldiers of blue and gray. By 1950, the theme of Memorial Day was to uphold freedom in the world. Today, Memorial Day extends to honor all Americans who have died in all wars.

Tennessee was a divided state during the Civil War. Some of the families that served in the Union Army had family members joining the Confederates. My maternal great-grandfather Abraham George Washington Cox and great-great-grandfather Abraham Cox enlisted with the Confederate Army on the same day. Abraham George Washington Cox was 15 and his father Abraham was 51. They served in the Tennessee Calvary. After the war, Abraham George Washington Cox rode a mule from Tennessee to Cooke County, Texas, got married, and had 12 children and named them after Confederate heroes. My grandfather was named Robert E. Lee Cox. Abraham George Washington established the Mt. Zion School, Church, and Cemetery. Each year in May, our family meets there to attend “Graveyard Working” like the old customs that started Memorial Day. My paternal great-great-grandfather Joseph Washington Mathis fought with the 1st Alabama Infantry. He was captured at Island Tennessee on 4/8/1862, escaped capture at Port Hudson, Louisiana on 7/9/1863 and was captured again in Nashville, Tennessee on 12/16/1864. He was held prisoner until the end of war. His children came to Jones County, Texas in 1899.

My son, who coincidentally was born on July 4, called me from the recruiting station when he turned 17. He said the recruiter would not let him join without my permission and would not let him be a military police officer. I got the recruiter on the phone and he laughed and said you will have to get permission from the Pentagon. I was in Ted Poe’s court that morning and told him. He, himself a Veteran, made some phone calls and at 4pm that day a major at the recruiting station said, “Please don’t make any more phone calls, meet me here at 5pm and your son will be sworn in.” My son went to the US Army and was trained at Fort Anniston, Alabama as a military police officer. He served there and got out but was recalled after 9/11. He served again and left the Army as an E-5 with an Honorable Discharge.

In Flanders fields the poppies blow

Between the crosses, row on row,

That mark our place; and in the sky

The larks, still bravely singing, fly

Scarce heard amid the guns below.

We are the Dead. Short days ago

We lived, felt dawn, saw sunset glow,

Loved and were loved, and now we lie,

In Flanders fields.

Take up our quarrel with the foe:

To you from failing hands we throw

The torch; be yours to hold it high.

If ye break faith with us who die

We shall not sleep, though poppies grow

In Flanders fields.

– John McCrae

…We cherish too, the poppy red That grows on fields where valor led, It seems to signal to the skies That blood of heroes never dies… – Moina Michael

We all complain about high taxes, traffic, bad government, bad judges, bad prosecutors, bad presidents, and bad everything. The list is long on things we complain about. In America we have the right to complain. Try that in some foreign country and your life will be ended. We live in a free country where opportunity exists for all people. People from all over the world want to come to the United States of America. Members of TCDLA and their family members who have served, or are serving, will be listed at the end of this article. They all need to be recognized for their sacrifices, be it large or small. Some of us were in the military reserve and some were in the middle of battle and saw their comrades dying around them. Some were brave men who did extraordinary things in battle to fight for our country. One member at a recent seminar in Plano said, “I was only in the Naval Reserve.” I reminded him of the phrase by John Milton, “Those also serve who stand and wait.” Even those who were, or are standing in wait, are serving. As we have seen from recent history, many of those who were standing and waiting were called to active duty and sent to foreign lands to serve and fight if needed. Many of those who were standing and waiting went overseas and never came back.

The problems facing Veterans have gained some attention and in many counties there is now a Veteran’s Court. They recognize that Veterans have special needs. Too many times, when representing a Veteran, I try to point out to the prosecutor that this person served our country and may have suffered some disability or some change that affected the Veteran’s behavior. Too often I have heard the prosecutor say, “Well, everybody has some kind of excuse.” No, I point out everybody did not go through what the Veteran did. This attitude prevails in every court room across the state. Most of these people never served in anything, not even Cub Scouts.

As lawyers representing Veterans, we need to get the military records and prepare a mitigation motion or motion to dismiss the case. We need to be vigilant in our fight for the Veteran client. If there is a Veteran’s Court, try to get the case transferred there. If there is no Veteran’s Court then try to get other Veterans to help you do your best for the client. Get all the people from the VFW or American Legion to come to court and see what happens. Even bring the members of the Veteran’s motorcycle clubs, the Patriot Guard, and Rolling Thunder. Go to military.com to get a list of Veteran groups. If the Veteran has alcohol or dug problem, bring the AA or NA group too. It has proven to be very effective.

Famous wartime quotes:

A good battle plan that you can act on today can be better than a perfect one tomorrow. -General George Patton

Freedom is the right to be wrong, not the right to do wrong. -John Riefenbaker

Never trust a private with a loaded weapon, or an officer with a map and compass. -A Murphy’s Law of Combat

You don’t win a war by dying for your country. You win a war by making the other son-of-a-bitch die for his. -General George Patton

“People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.” -Richard Grenier on George Orwell

Honoring Our Veterans

November 10, 2014 Leave a Comment

By: Robert Pelton

Veterans Day is a special day to honor all Veterans who served in the military of the United States of America. Thousands of men and women have served our country…some who never came back. Others who served are crippled mentally, physically or both. No matter what a person does or did in the military their lives were forever changed. My 7 year old granddaughter Anns Lee Pelton did this sketch in honor of Veterans. She won 1st place at her school in a ceremony honoring Veterans. As a patriotic young lady, she is proud to share this with all our members who are Veterans or have family members who are Veterans.

My granddaughter was named partially in memory of Robert E. Lee. Her great-grandfather was named Robert E. Lee Cox. Her great-great-grandfather Abraham George Washington Cox was 15 and his dad Abraham was 51 when they both enlisted on the same day in 1862.

Veterans sketch honoring women serving in the military-1st place award to Anns Lee Pelton, student at Cy/Fair elementary school at a ceremony honoring Veterans

Anns Lee Pelton 7 year old grand daughter of member and Past President Robert Pelton won first place at her school for her sketch honoring women Veterans and all other Veterans. Anns Lee comes from a long line of Veterans dating back to the 1700s.