Harris County Criminal Lawyers Association

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George Floyd

June 2, 2020 Leave a Comment

June 2, 2020

To the family and friends of George Floyd, and to all members of the Harris County Criminal Lawyers Association:

The Harris County Criminal Lawyers Association (HCCLA) expresses sincere condolences for the outrageous death of native Houstonian George Floyd.  Mr. Floyd’s death while in the custody of law enforcement officers was completely unnecessary and exemplifies the systematic abuse of people that will continue to occur without serious and effective oversight of law enforcement policies, procedures and actions. HCCLA demands a full and transparent investigation, and charges must be sought against all criminally responsible parties.

The community is in pain. This pain is not unique to Minneapolis, sadly; it extends across America. The killings of George Floyd, Ahmaud Arbery, and Breonna Taylor are just the latest examples to bring to light the national shame of brutality perpetrated in the name of law enforcement. Far too often, that overzealousness and barbarism is aimed at people of color. The United States has witnessed too many undeserved, early funerals.

HCCLA is the largest local criminal bar in the State of Texas with nearly 800 members. HCCLA demands justice for Mr. Floyd and others victims throughout the nation, and here locally. HCCLA insists the time for change is now, and not for the next generation to address.

HCCLA demands courts stop upholding unjust convictions by claiming the violation of individual rights by police is “harmless”. HCCLA demands District Attorney Offices across Texas immediately release the names of peace officers found to have engaged in sustained use of force or complaints of racism. HCCLA demands local governments stand against police union obstruction of justice. All lawyers, judges, and upstanding officers of the law and the courts must rise up against this exploitation of any person. In an effort to propose a solution, we strongly support implementing the following rules immediately:

  1. Require all police officers wear body cameras and equip all patrol vehicles with dash cameras. Police policies should require all officers leave their bodycams and dashcams running during any encounter and keep them on while a person is in police custody. No muting or turning the cameras off while they are on scene. Police departments should also eliminate any delay in releasing the footage for cases filed.
  1. Increase the penalty for official oppression from a Class A misdemeanor to a 3rd Degree felony. Police Officers are granted large amounts of authority and trust from the community. When they violate that trust the penalty should be higher. If an assault where a person causes bodily injury is a Class A misdemeanor, then the penalty should be higher when an officer uses his or her authority in an unjustifiable assault. Officers enjoy enhanced protections when they are “targets” of crime, they should also suffer enhanced penalties for abusing their authority.
  1. We need transparency for the officer complaint process. All protections for un-sustained complaints against police officers should be removed. Far too often when complaints are made, Internal Affairs will investigate and, in some cases, recommend mediation. Un-sustained complaints should remain in an officer’s public personnel file along with the investigation and outcome.
  1. Immunity from civil liability should be removed for officers who violate people’s civil rights as well as departments who continually protect those officers from discipline for excessive force.

HCCLA’s members are seeking to be part of the solution. Many HCCLA members are providing free representation (pro bono) for those people arrested while engaging in peaceful protest.  Together, HCCLA stands against racism, violence in the name of order, and demands due process for all citizens accused. HCCLA will use all available resources to promote awareness of any criminal cases involving excessive force or racism by law enforcement.

HCCLA is prepared to assemble with community members, partners and local officials to help identify what more can be done together. Starting in Houston – starting today – resources must be dedicated to address this systemic, institutional problem. There are no reasons to wait for tomorrow.

 

Mark Thiessen
President, Harris County Criminal Lawyers Association

Filed Under: police, press release

PR: Judges Risk Spreading Pandemic

May 27, 2020 1 Comment

FOR IMMEDIATE RELEASE
CONTACT:
Mark Thiessen
, HCCLA President
(713) 864-9000 or Mark Thiessen

JUDGES RISK SPREADING PANDEMIC

May 27, 2020 – Houston, Texas – The Harris County Criminal Lawyers Association (“HCCLA”) is the largest local criminal defense bar in the United States, with more than 700 active members engaged in defense of citizens accused of criminal acts. HCCLA has, for 50 years, stood for criminal justice, criminal justice reform, and against government and judicial overreach.

Since March 2020, Harris County and the State of Texas have been under a state of emergency. In fact, Texas Governor Greg Abbott has declared all 254 Texas counties to be in a state of disaster caused by the global COVID-19 pandemic. In response, and in an effort to ensure the safety of judges, jurors, court staff, officers, the criminally accused, and attorneys, HCCLA board members and officers have worked tirelessly alongside numerous high ranking members of virtually every government agency in Harris County. Thanks to the unprecedented cooperation between all entities involved, this partnership implemented a system to maintain the Harris County criminal justice system, while ensuring the health and safety of the citizens remain a top priority in these historic times.

On Tuesday, May 26, 2020, a large crowd was required by certain judges to appear in the Harris County Criminal Justice Center (HCCJC). Large lines of presumptively innocent people formed in front of the HCCJC, leading to these same individuals being forced to wait in the HCCJC hallways, where there can be no effective social distancing. This is in direct violation of the county engineer’s orders for the number of persons to be present in the HCCJC at any given time.

Image may contain: one or more people, shoes, tree and outdoor

Line of people required to appear in court outside the Harris County Criminal Justice Center on May 26, 2020.

In further violation of the county engineer’s order, Harris County Judge Lina Hildago’s orders, the Texas Supreme Court’s orders, the Office of Court Administration’s directives, and Texas Governor Greg Abbott’s orders, social distancing was neither required nor enforced. Consequently, the lives of these human beings – and HCCJC staff – were wantonly and unnecessarily put at risk. People in this great nation, this fine state, and the largest county in Texas, are still dying from COVID-19 at alarming rates. Per media reports, no less than 6 lives connected to the HCCJC have been lost – be they jailers or inmates awaiting resolution of their cases – with many more having suffered infection from this debilitating, fatal disease. HCCLA is aware of reports even one judge has fallen to COVID-19.

HCCLA strongly condemns these unwarranted and reckless court actions that endanger the lives of the presumptively innocent accused, HCCJC staff, and our members. It is not lost on HCCLA that the very persons elected to follow the law, ensure dignity, and preserve constitutional rights are threatening the very same in the name of expediency and hubris. Image may contain: one or more people, tree, sky, crowd and outdoor

HCCLA will vigorously oppose any court action by a judicial officer risking the lives of the accused, the defense bar, or HCCJC staff.  HCCLA calls on all courts to act in a responsible and humane fashion.

Unless and until these orders are modified or rescinded, HCCLA demands the judiciary comply, as the Harris County population must. There are to be no in-person court appearances required on non-essential matters until such time as the medical community has deemed the threat of COVID-19 to have either passed or significantly diminished. These are the orders the judiciary shall obey. The health and safety of the community is not a negotiable matter.

Filed Under: judges, press release

PR: HCCLA 2020-2021 Board of Directors

May 12, 2020 Leave a Comment

FOR IMMEDIATE RELEASE

CONTACT:
Neal Davis
, HCCLA President
713-227-4444 office, email: Neal Davis

 

Houston, Texas – May 12, 2020 – The Harris County Criminal Lawyers Association (HCCLA) is pleased to announce the new Officers and Board of Directors for the 2020-2021 term.

Effective May 15, 2020, please direct all media inquiries to HCCLA’s incoming president:

Mark Thiessen
HCCLA President (2020-2021)
Thiessen Law Firm
733 E. 12-1/2 Street
Houston, Texas  77008
(713) 864-9000 Office
(713) 864-9006 Fax
email Mark Thiessen

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Filed Under: Members, press release

Best Practices for Zoom Court Proceedings

April 22, 2020 Leave a Comment

Coronavirus: Florida judge warns lawyers to get up and dress ...By Graham Sutliff

The Stay-At-Home and Shelter-In-Place Orders issued across the country have presented unique challenges in many forms.  For litigators, these challenges have required an industry that is resistant to change to adapt quickly and dramatically in order to continue to fulfill our obligations to our clients and the legal system.   We commend judges, counsel, clients, those in the legal industry, and everyone else who is taking part in learning and mastering these virtual substitutes, for continuing to innovate and keep the wheels of justice moving.

Video conferencing has become the new norm for all types of proceedings throughout Texas and the United States.  In Texas, the Office of Court Administration (OCA) secured a Zoom contract and a license is available to all State of Texas judges. Additionally, the OCA recommends that most non-essential proceedings, except for jury trials, be conducted remotely. While the means for conducting proceedings has been given, the legal community is now faced with handling the logistical details of how to effectively and professionally participate in a Zoom proceeding. Several best practices have emerged to help you present your case in the best manner.

First Things First–Setting Up Zoom For Your Practice

Making the (Legal) Case for Zoom - Zoom BlogOne of the main reasons why Zoom seems to be such a popular video conference option is its cost-effectiveness. Zoom has a free option that provides a number of features, and its subscription service is relatively inexpensive (i.e. $149.90 for an annual, single license).  In comparison, competitors such as GoToMeeting do not offer any type of free plan.

Installing Zoom is extremely easy and user-friendly. A web browser client is downloaded whenever you start or join your first Zoom meeting. On the Zoom website, any number of plugins or extensions can be installed so that Zoom can be run from applications such as Google Chrome, Microsoft Outlook, or Skype for Business. Zoom can also be run from a mobile device, such as a tablet or smartphone. As might be expected, running Zoom from a computer with a webcam or a laptop provides a richer experience over using it on a tablet or smartphone. A smartphone should only be used as a last resort.

As Always, Check for Local Rules

Before appearing in a proceeding, you should also check with the specific rules of the court. Different judges will have their own preferences on topics such as mute procedures, whether or not recording is allowed, and how to submit evidence. Additionally, as judges gain more experience with Zoom, those preferences may change over time. For instance, the 345th District Court issued procedures that include a rule about muting when not speaking and a detailed procedure on how to submit exhibits. In comparison, Judge Kyle Carter includes in his Court Decorum rules the following: “Mute Button When You Are Not Speaking, Identify Yourself Each Time You Speak, and Recording is Prohibited.” These rules may seem strange or arbitrary, but they are often the result of some surprising discoveries about Zoom. For instance, many courts are setting Zoom videoconferences to private, utilizing breakout rooms and keeping witnesses in virtual waiting rooms. This has become a necessity because of Zoombombing (a form of hacking).  Recordings are generally discouraged because the only official record of a court proceeding should be the one produced by the Court Reporter. Additionally, several courts are advising that chats be avoided altogether or prohibiting private chats. This is in response to the discovery that messages that were sent in a private, person-to-person mode, can actually be viewed by anyone who downloads the transcript from Zoom.

Three Ways to Improve your Presentation

  1. Backgrounds

It is important to have a clean and professional looking background when engaging via Zoom. This is necessary for both depositions and court proceedings since deposition recordings may be introduced later during a hearing, and court proceedings are often livestreamed to YouTube or Facebook to ensure the public has access under the Open Courts Provision of the Texas Constitution. You don’t want people thinking about what is going on behind you and not listening to what you have to say.

With this in mind, you have several options.  You can look for an organized, clutter-free space in your home that can be your background.  Alternatively, as a way to improve your presentation or the presentation of your witness, you can use a virtual background through Zoom.  For depositions, assuming it is your witness, be sure to give some thought about the witness’ background.

If you want to use a virtual background, you need to test it to see if the space you want to use will need a green screen. A cluttered background makes it difficult for the technology to differentiate you from what is behind and around you.  In this situation, you will need a green screen to use a virtual background.  There are many options for purchasing a green screen online, but you can also purchase inexpensive options like a green poster board or make your own screen by painting a sheet or piece of cardboard.  Also, be sure that your clothes are not the same color as your background (e.g. green shirt with a green background) or you will become the invisible person.

The process of adding a virtual background is very easy and you can add anything you think would look the best.  To help, we have created a photo gallery of professional, license-free images that you can download and use for yourself.  Click here.  We have also set out instructions on how to download and upload the images to your Zoom account.

  1. Submitting and Presenting Documents

For court proceedings, each court will likely have its own rules about how to present documents. Some courts have used Dropbox to allow attorneys to share evidence, but many others prefer email. Be sure to call the Court prior to your hearing to determine how the Court handles the presentation of evidence.  Some judges can manage the exhibits themselves and share their screen on Zoom when exhibits are used. If, on the other hand, you are required to present your exhibits, then you need to know how to share your computer screen and how to direct people’s attention to the parts you want.  An app we find helpful in the presentation of evidence is Snagit.  This app allows you to easily cut and paste from documents and zoom in easily.

When it comes to depositions, we suggest coordinating with the videographer beforehand so they can verify that they have high-quality, clean copies and that they will be able to zoom in on relevant portions of exhibits as needed.  You should also familiarize yourself with Zoom’s ability to share your computer screen so you can present documents on the fly during the deposition.

  1. Technical Capabilities

In order to make sure you have high-quality video and audio, you will need a strong wired or WiFi connection, so you may need to experiment in different parts of your home to find the strongest signal. Attorneys should also try to find a quiet place where ambient noise will be at a minimum (think rooms with carpet or rugs and rooms with no echo). If available, using ear buds with a built-in microphone provides a better listening experience, reduces background noise and allows others to hear you better. With respect to lighting, you want the room to be well lit.  Lamps are helpful and, when available, should be placed evenly with or a little behind your camera.  Avoid having bright lights in the background because such light will create problems for the camera.  As for the location of the camera, try to have it eye-level so that it appears that you are looking at the other individuals on the conference.

Even with the best preparation, it can be difficult to anticipate how your Zoom video conference will behave on the day that you need it. Associate Judge Aurora Martinez Jones suggests that you try to avoid Zoom “traffic,” if possible, by requesting or setting a start time that is mid-morning or later. She also recommends that you have a number of backup devices available in case your audio does not work or if you need to have private attorney-client communication. If you do end up using multiple devices, make sure to label them all properly when logging into Zoom using your first and last name so that they can be easily identified by the host of the videoconference. If only a phone is used, provide the host with your phone number ahead of time. If you are the host of a Zoom video conference, it is recommended that you ask all participants to log in early to iron out any technical difficulties.

Judge Dimple Malhotra also has a number of suggestions to ensure successful Zoom video conferences. If there is time before the official start time of the hearing, be sure to turn your video off until it is needed. She also encourages attorneys to be aware of issues of access. Not all participants have the capability to use Zoom. Some clients may not have a compatible device or internet access, and you should be prepared to come up with alternative arrangements.

 

Proper Preparation—Be Sure to Test Your Setup and System Before Any Hearing or Deposition

After installing Zoom, users should test out the functions in Zoom by going through the various options and setting up a videoconference with a friend or colleague. When setting up this test, be sure to record the test session so you can go back and watch the test so that you will understand what others will see.  You want to familiarize yourself with the basic functions such as different view options, mute, and chat. Depending on the device used and the form of Zoom interface, certain features may not be available. For instance, some devices may not have the video capabilities to utilize virtual backgrounds. Finally, attorneys should practice working with the different video and audio options, as well as how to use screen sharing and documents.

With these best practices in mind, combined with patience and learning from experience, Zoom can be a powerful tool to help courts and attorneys continue their important work.

 


About the Author

Graham Sutliff is the co-founder of Sutliff & Stout, Injury & Accident Law Firm.  Graham is Board Certified in Personal Injury Trial Law, and he has been actively trying personal injury cases for over fifteen years.

Filed Under: Uncategorized

PR: Harris County Criminal Court Operations During COVID-19

April 21, 2020 1 Comment

FOR IMMEDIATE RELEASE
CONTACT:
Neal Davis
, HCCLA President
(713) 227-4444 or email

 HARRIS COUNTY CRIMINAL COURT OPERATIONS
DURING COVID-19

April 21, 2020 – Houston, Texas – HCCLA remains steadfast in its commitment to ensuring the safety of our clients, members, their families, and those who work at the courthouse. Given the current crisis and available technology, in almost every case a phone, an email, or remote technology can and should be utilized instead of requiring in-person appearances. We will continue to assist the Courts in developing methods to utilize available technology to ensure that no one’s health or safety is placed in jeopardy.

“We need an immediate solution that protects all individuals involved in the Harris County criminal justice system and stops the community spread of the novel coronavirus (COVID-19)”, said Neal Davis, President of the Harris County Criminal Lawyers Association (HCCLA).

Davis sent a follow-up letter from last week to all Harris County Criminal Court Judges, as well as to Presiding Judge Susan Brown, Eleventh Judicial Administrative Region. See letter below:

Download (PDF, 573KB)

Filed Under: press release

PR: The Pandemic, Appearances by Attorneys and the Accused

April 13, 2020 2 Comments

FOR IMMEDIATE RELEASE
CONTACT:
Neal Davis
, HCCLA President
(713) 227-4444 or email

 
The Pandemic, Appearances by Attorneys and the Accused
 
April 13, 2020 – Houston, Texas – In the interest of public health and safety, HCCLA urges all Harris County Criminal Court Judges to stop requiring defendants to report in-person to court or pre-trial services for the duration of the COVID-19 health emergency. The following letter was sent to all Harris County Criminal Court Judges, as well as to the County Judge, Commissioners, Sheriff, District Attorney, Public Defender, County Public Health Department and County Engineers. 

Download (PDF, 569KB)

Filed Under: press release

Court Status Updates: Coronavirus (COVID-19)

March 18, 2020 Leave a Comment

HCCLA is doing all we can to help the criminal bar and their clients through the recent outbreak of Coronavirus (COVID-19). This is a rapidly-evolving situation, so we will remain vigilant, continue to monitor the situation and update our members regularly. We will post updates on the status of courts and jails as they become available:  LATEST COURTHOUSE STATUS UPDATES

 

Filed Under: press release

‘Twas the Week Before Christmas

December 16, 2019 Leave a Comment

by Robert Pelton

In the spirit of the Christmas season and to remind our members never to give up on any motion, we want to share this motion with you and discuss some points on Motions for Continuances in State court. In the case of this motion, three other motions had already been filed and denied. In an act of frustration and desperation, we filed this one below, which was granted. In the motion, only the defendant names and case number have been changed. This has been published previously, but for those who may have missed it, I hope it brings a smile to your face at the end of a hard fought year for your clients.

Download (PDF, 48KB)

_____________________________________________________________________________*

Epilogue:  Once this motion was granted, it gave us sufficient time to complete our preparation of the case in a proper manner. Because we had additional time, we were able to adhere to our duty bound ethical oath: to zealously defend our client. Facts helpful to the defense are always hidden at the bottom of the well. That digging takes time and tenacity.

Time is the most valuable commodity to lawyer. Abraham Lincoln said that “A lawyer’s time and advice are his stock in trade.” If time is used wisely, our clients benefit. We all need time to work on our cases and explore all possible defenses or punishment options. We never have enough time.

On the flip side, judges and prosecutors want to move the docket. Prosecutors’ caseloads are huge and the statistics of open cases in their court are ever present on the mind of our judges. As defense counsel, we must be the gatekeepers to ensure our clients receive their right to effective assistance of counsel based on a thorough investigation of the facts. Without those facts our client cannot make his or her decision to move to trial or prepare for mitigation. This takes time. It is your job to get that time.

One Harris county judge who has since departed, bragged that if a judge was still in court after twelve noon, he was not doing a good job. I was in court the day he made the statement to a local television reporter named Wayne Dolcefino. I told the judge to remain silent; but he like many let his alligator mouth override his humming bird ass. It was on the 6 o’clock news. He told me the next day he would listen to me the next time. The next time never came because he was defeated in the next election and his comments made great propaganda for his opponent. An arbitrary “rocket docket– move it along mentality” goes against the grain of our justice system to the detriment of the citizen accused.

All lawyers know that a continuance usually works in favor of a defendant, but it is routinely used by the defense as well as the state in accord with Article 29.03 of the Texas Code of Criminal Procedure[1] . By and large, most continuances are reached by agreement with the State. When necessary, a well drafted Motion for Continuance should contain exhibits. If the exhibits involve personal or confidential information, request an in camera inspection by the Judge in your motion. Never underestimate the power of demonstrative exhibits. A picture is worth a thousand words. Don’t be shy. In the event your motion is objected to, and a controverting motion is submitted by the state, pursuant to Article 29.09[2] of the Texas Code of Criminal Procedure, your motion and your exhibits must stand alone to win the day. Do not rely on a stellar oral argument to get you by. Article 29.10[3] makes it clear the testimony shall be made by affidavit. If the continuance has become the 900 pound gorilla in the courtroom, use technology readily at hand. It is amazing how fast a motion for continuance will be granted when you have a photo of a swollen, bruised, battered or bleeding body part.

Happy Holidays and Best Wishes for the New Year.

 


[1] Texas Code of Criminal Procedure-Article 29.03 Sufficient Cause

Art. 29.03 FOR SUFFICIENT CAUSE SHOWN. A criminal action may be continued on the written motion of the State or of the defendant, upon sufficient cause shown, which cause shall be fully set forth in the motion. A continuance may only be as long as is necessary.

[2] Texas Code of Criminal Procedure-Article 29.09 Controverting Motion

Art. 29.09. CONTROVERTING MOTION. Any material fact stated, affecting diligence, in a motion for a continuance, may be denied in writing by the adverse party. The denial shall be supported by the oath of some credible person, and filed as soon as practicable after the filing of such motion.

[3] Texas Code of Criminal Procedure-Article 29.10 When Denial is Filed

Art. 29.10. WHEN DENIAL IS FILED. When such denial is filed, the issue shall be tried by the judge, and he shall hear testimony by affidavits, and grant or refuse continuance, according to the law and facts of the case.

Filed Under: Uncategorized

PR: HCCLA Response to Commissioner’s Court

December 16, 2019 Leave a Comment

Download (PDF, 508KB)

Filed Under: press release

PR: HCCLA 10th Annual Reading of the Declaration of Independence

June 26, 2019 1 Comment

FOR IMMEDIATE RELEASE

CONTACT:
Neal Davis
, HCCLA President
(713) 227-4444 or email: neal@nealdavislaw.com

10th ANNUAL READING OF THE DECLARATION OF INDEPENDENCE

Houston, Texas – June 28, 2019 – In celebration of Independence Day, the Harris County Criminal Lawyers Association (HCCLA) is holding its 10th Annual Reading of the Declaration of Independence on Wednesday, July 3, 2019 at 12:00 pm outside of the Criminal Justice Center, 1201 Franklin Street.

HCCLA President Neal Davis said, “While our Declaration of Independence is over 200 years old, it continues to be part of our DNA as Americans. It is also a reminder that liberty is an inalienable right and that the government’s power comes from us, the governed. The rights found in the Declaration do not come easily; they must be fought for and enforced every day in our great nation. Many in the criminal justice system, from police to prosecutors to judges, frequently need to be reminded that we are all equal and they work for all of us. It is a testament that not only has the Declaration endured this long, but has become a blueprint for developing democracies around the world.”

The Reading of the Declaration of Independence by criminal defense lawyers is an annual tradition started in 2010 by attorney Robert Fickman, HCCLA Past President. This year, he has coordinated with the Texas Criminal Defense Lawyers Association (TCDLA) to hold similar criminal defense lawyer readings in front of more than 140 courthouses across the state.

“Our annual reading of the Declaration comes at a critical time in our nation’s history. Our reading is a reminder that as Americans we cherish liberty, and we reject tyranny in any form,” said Fickman. “We are not a nation that embraces the rule of a king. If we wanted a king, our Founding Fathers would not have risked their Lives, their Fortunes, and their Sacred Honor so that we might all be free.”

The Declaration of Independence is the founding document of the United States, and contains within its text the fundamental truths and unalienable rights that typify and embody the American way of life: …that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

Please join us in honoring our nation’s most sacred document in the spirit of independence:

When:     Wednesday, July 3, 2019
Where:    Harris County Criminal Justice Center
1201 Franklin Street, Houston, Texas 77002
(Front steps of the courthouse)
Time:      12:00 PM

The Harris County Criminal Lawyers Association is the largest local criminal defense bar in the United States with more than 600 active members.

For more information about the history of the readings and photos, visit:

https://hccla.org/declaration

Filed Under: declaration of independence, press release Tagged With: declaration of independence

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