HCCLA 2024 Judicial Bar Poll

February 19, 2024 Leave a Comment

FOR IMMEDIATE RELEASE

CONTACT:
Murray Newman, HCCLA President
(713) 864-2080 or email

HCCLA 2024 JUDICIAL BAR POLL

Houston, Texas – February 19, 2023 – The Harris County Criminal Lawyers Association (HCCLA) recently conducted a judicial bar poll of the Association’s membership. This poll is an evaluation of the judiciary in all 16 Harris County Criminal Courts at Law and 26 Criminal District Courts.

The primary purpose of the judicial bar poll is to inform the public of Association members’ opinions about the judiciary serving in Harris County’s criminal courts. HCCLA members are criminal defense lawyers and familiar with the courts.

Murray Newman, HCCLA President, added “Unlike other polls in the Harris County legal community, this poll is by lawyers who actually practice in the criminal courts of Harris County, Texas.”

Results of the judicial bar poll should not be viewed as an endorsement by the Harris County Criminal Lawyers Association, which does not endorse or oppose candidates. The poll is not a scientific survey. It is a non-partisan poll by current members of the Association and has no bearing on the election. Use of the poll results for other purposes is not intended or encouraged.

The Harris County Criminal Lawyers Association does not endorse any judge or candidate for judicial office, and the results of the Judicial Bar Poll are not an endorsement by the Harris County Criminal Lawyers Association.

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

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Memorial Day Tribute

June 1, 2021 Leave a Comment

Memorial Day 2021

This article is dedicated to the families and friends of all soldiers, sailors and Marines who did not survive war and those who did survive but suffered with battle fatigue Shell Shock, or Post Traumatic Stress Disorder (PTSD).

By Robert Pelton
Past President, HCCLA
Ethics Chairman, HCCLA/TCDLA
Lawyer, Pelton Law Offices
and Sharon Bass
Paralegal, Pelton Law Offices

Virgil Poe and RC Pelton

As a teenager, Virgil Poe, a 95 year old WWII veteran served in 3rd Army and 4th Army in Field Artillery Units in Europe (France, Belgium Luxemburg, and Germany). He recently was awarded the French Legion of Honor for his WWII service. Authorized by the President of France, it is the highest Military Medal in France. After the war in Germany concluded, he was sent to Fort Hood Texas to be reequipped for the invasion of Japan. But Japan surrendered before he was shipped to the Pacific. He still calls Houston home.

Ernest Lowell Pelton

My Uncle Ernest Lowell Pelton was there with Virgil during the battle serving as a Medic in Tank Battalion led by General Gorge Patton. During the battle he was wounded while tending to 2 fellow soldiers. When found they were both dead and Lowell was thought dead but still barely alive. He ended up in a hospital in France where he recovered over an 8-month period. He then asked to go back to war which he did. Lowell was offered a battlefield commission, but declined saying, I do not want to lead men into death. In Anson Texas he was called Major since all the small-town residents had heard of his heroism. He suffered greatly after the war mentally and physically and ended dying in Anson Texas at age 52, living with my Grand Mother Pelton. She received a letter from President Lyndon Johnson in recognition of Lowell’s service to our country.

Robert Paul Robbins and Frank Dunlevy were 2 friends of mine who were both in 101st Airborne during Viet Nam. They both served in Tiger Force which was an elite group of soldiers. Robbie received 2 bronze stars and several purple hearts and was greatly affected by what he had seen and done Robbie recently died partly as a result of the
war. Frank is still going strong and a Vice President at Cowen and Co. The war affected them differently.

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. The soldiers mentioned here had war time wounds that indirectly led to their deaths.

John Saur is another Houston lawyer who froze for months when in Korea serving his country. John Saur was in the middle of the fighting and came back, finished college and law school and was a lawyer over 50 years. John recently passed away holding his 1st Cavalry hat in his lap.

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 school children 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.

My Brother Joe Pelton was a graduate of U S ARMY officer candidate school and was commissioned a second Lieutenant at age 20..My grandson Sam Pelton turned 18 in April and joined Army in June. He is now in training at Ft. Huachuca, Arizona and has been selected to go to Air Assault school and train and be a member of the 160th
Infantry NIGHT STALKERS. Ron McCoy’s grandson, Blue McCoy just finished jump school and now serving with 101st Airborne unit.

Remembering, Robbie Robbins and Frank Dunlevy and their service during the Viet Nam War 1966-68. Both Volunteered for Military Service and the Airborne, both served in the 1st Brigade , 1st/327th Battalion ,101st Airborne, made Famous as “The Band Of Brothers” and Commanded by Col David Hackworth (America’s most decorated Soldier of the Viet Nam War).

Robert Robbins

Robbie was awarded 2 Purple Hearts, and the Bronze Star and Frank was also wounded 3 times. Robby served in the Battalion Recon Platoon (The Tiger Force) this single Platoon had two members awarded the Congressional Medal of Honor, an Army Unit record that stands to this day. Frank served in C Company, and the Cobra Recon Team, first as the RTO and then as the Team Leader. Their two units worked in close proximity to each other on multiple operations and were both involved in the Raid on the “Tuy Hoa Prison Compound” in late 1966, that freed 15 South Vietnamese Government and Military Officials from an NVA Prison Camp, with both Units being Awarded the Vietnamese Cross of Gallantry for this action. Frank later served with the 82nd Airborne.

Frank Dunlevey

In June of this year, Frank will be Honored as “A Distinguished Member of the Regiment” in a ceremony being held at Ft Campbell Ky (Home of the 101st Air Assault Division) for his service in Viet Nam and his more recent Service in the Last Administration at the Department of State as Chief Banking Officer and Senior Advisor. He intends to specifically recall his High School Classmate “Robbie Robbins” in his acceptance speech.

From my friend Frank Dunlevy after talking with Kathleen Robbins, Robbie’s wife:
“Your comments on Robbie and his Bravery are so true. In addition, as the 101st Airborne, and the Tiger Force especially, were full of Brave Men, his courage and steadfastness stood out even within that small Fraternity.”

I am glad you still have his many medals as they reflect an extraordinary Military Career of heroism and service. One that you will probably find is the “Combat Infantry Badge” (That is the Silver Rifle, on the Blue rectangle Background, surrounded by the Silver Wreath) , this is the most highly coveted Award of all , as it is reserved only for Men who Served in a real Combat Unit and engaged directly with the Enemy.

On each Memorial Day, I read to my family the names of the 51 men in my Unit who did not return, and I always include Robbie’s name along with several others that I served with. In addition I read this short Poem by a Helicopter Pilot named MAJ Michael O’Donnell:

If you are able
save them a place inside you,
and save one backward glance when you are leaving
for the places they can no longer go.
Be not ashamed to say you loved them,
though you may not have always.
Take what they have left, and what they have taught you
with their dying, and keep it as your own.
And in that time when men decide, and feel safe, to call the war
Insane, take one moment to embrace these gentle heroes
You left behind.

Three months after penning this Poem, MAJ O’Donnell was killed attempting to rescue a LRRP Team that was under attack along the Cambodian Border.

Gentle Heroes All. My thoughts and prayers are with you and Robbie’s family this Memorial Day weekend.

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 HCCLA 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. Few judges in the Harris County courts were in the military. The exceptions were Judge Mike McSpadden and Judge Ted Poe.

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

Richard Grenier said, as George Orwell pointed out:
“PEOPLE SLEEP PEACEABLY IN THEIR BEDS AT NIGHT ONLY BECAUSE ROUGH MEN STAND READY TO DO VIOLENCE ON THEIR BEHALF.”

The following members of TCDLA or HCCLA (or their family members or investigators) served in the military and we honor them all:
*Reiffert Riley Evans
*Alan Schein
Richard “Racehorse” Haynes
Robert Scardino, Sr.
John Saur
Andrew Lannie
Victor Blaine
G. Wesley Urquhart
John Urquhart
Lucio Martinez
Bobby Mims
Bernie Trichter
Herman “Hymie” Trichter
Lucille Trichter
Albert Fickman
Philip Fickman
Albert Schein
Max NewDelman
Jack Zimmermann
Terri Zimmermann
Kyle Sampson
Abraham Cox
Abraham George Washington Cox
Ernest L. Pelton
Wilmer M. Pelton
Joe L. Pelton
Robert C. Pelton
Robert O. Pelton
Joseph Washington Mathis
BF Harless
WD Harless
Cullen Harless
SL Hardcastle
Charles Hardcastle
Norman Harless
Robert W. Kelly
Jack Kelly
Marcel Kelly
Charles Dirnbauer
Mark Dirnbauer
Katie Dirnbauer
Rod Schuh
Rod Schuh, Jr.
Will Gray
John Morgan
Warren Burnett
Buck Files
Jim Brown
Rodney Williams
Pat Williams
Dr. Phillip Lewis
Maricia Brooks
Max Scott
Stan Weinberg
William Flynn
Mike McCollum
Charles Wetherbee
Terence Russell
Jesus Garza
Don Davidson
Charles Mabry
Richard Mabry
Zachary Curtis
Steven Green
Dorsie Ray Green
James Matthew Ratekin
Matthew Brent Ratekin
Donald Hoover
Don Bailey
John Hunter Smith
Eliseo Morin
Charles Easterling
Bill Torrey
Frederick Ullrich
Dale Ullrich
Louis Ullrich
Michael Finger
John David Leggington
Harry Belden
Louie Greco
Raymond Zimmerman
Charles W. Tessmer
George Miner Jr.
Bill Torrey
Louis Greco
Lorton E. Trent
Oscar Trent
Olen Poole
Max Basket
Bill Baskett
Arthur Leslie Kagan
Harry Belden
Gerald Rogen
Jesse Pruett
Max Scott
James Story Sr.
James Story II
Santiago Salinas
Tom Berg
Tom Moran
Pat McCann
Bennie Ray
Mark Vinson
Tony Chavez
John Patrick Callahan
David Patrick Callahan
Donald Hoover
Don BaileyJohn Hunter Smith
Eliseo Morin
George E. Renneburg
Jeffrey Brashear
Steven Green
Lanhon Odom
John M. Economidy
Byron G, Economidy
John “Bud” Ritenour
Larry Sauer
Forrest Penney
Frederick Forlano
Daniel Moreno
Abel Palomo
Michael Moreno
Joseph Moreno
Randi Ray
Steve Green
Jeusu JD Garza
Jerry Parr
Jefferson Moore
Leonard Martinez
Stephen Ferraro
John Convery
Julie Hasdorff
Benjamin Thomas Hudson Jr.
Ebb Mobley
Louis Akin
Sergio Tristan
John Youngblood
Charles Wetherbee
Dr. William Flynn
Alfred Dane
Alvie Dane
Charles Russell
Terence Russell
David Randall
Tanner Yeats
Herman “Hank” Lankford
Robert Harold Jackson
Arlan J Broussard
Richard Trevathan
Jim Skelton
George Parnham
James Barlow
David Black
J.C. Castillo
Logan Dietz
Ralph L. Gonzalez
Connie Williams
Hal Hudson
Guy Womack
Charles W. Lanehart
Matthew Daniel
Lonzo McDonald
Patrick McDonald
Warren McDonald
Ron McLaurin
Herbert Wolf
Theodore A. (Tip) Hargrove, III
Buddy Balagia
Travis E. Kitchens
Zachary A. Garcia
Jeff King
Patrick McLain
Cullen Elrod
DaSean Jones
Joe Varela
Bob Heath
Hank Johnson
David Zimmerman
Todd Lehn
Thomas Kelton Kennedy
David G. Ritchie, Jr.
Anne K. Ritchie
Bobby Mims
Bob Estrada

The following are friends who served in the U S Military:
Ronald Joe McCoy
Mike Latimer
Frank Dunlevy
Robert Paul Robbins
Danny Morris
Kirk Holder
Bubba Jordan
Neil Elliott
Mike Peters
Mike Murphy
Donnie Martin
J. T. Hatteway
Larry Moody
Billy Huddleston
Larry Moody
Arnold Slessinger
Mike Davis
Ed Mallett
Wayne Turnbow
Brandon Bess
Joe Haralson
Denis Jones
Larry Atkins
Butch Peterson (Killed in Action)
John Bottoms
Jerry Mace
Mike Rhea
John Miller
Charles Walker
Allan Simpson
Mike McCoy
Stephen Greenly
Mac Cobb
Richard Valdez
Milton Wright

My Grandson Private Sam Pelton, serving in the U S Army. Private Pelton is now at Drone School at Fort Huachuca, Arizona. In August he will be going to Fort Campbell, Kentucky for more training. Sam has been selected to be in the 160th infantry NIGHT STALKERS.

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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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Bat Signal: Superheroes Called to Action

August 2, 2016 Leave a Comment

When villains threaten Gotham, Commission Gordan initializes the Bat Signal and superheroes spring into action. When judges bully defenders, Mark Bennett initiates our Bat Signal and leads his fellow superheroes into battle.

Superheroes represent positive values by being responsible. While this may seem simple enough, responsibility is an ongoing internal struggle for superheroes. Simply put, power corrupts. Responsibility is the essential quality that distinguishes superheroes from regular villains. Being responsible, no matter the personal cost, is the superhero’s only defense against being corrupted by power. Superheroes are thus defined, limited, and restrained by their struggle to be responsible, to exercise their abilities and power with restraint. Supervillains’ lack of restraint and utter irresponsibility are a threat to the superhero, and to the people the superhero protects.
Superheroes Need Superior Villains by Stanford W. Carpenter

Being responsible, no matter the personal cost, Mark Bennett leads a top-quality HCCLA strike force of superheroes to combat the supervillains in our midst who threaten our defenders and thus the people we protect. He truly embodies the superhero who maintains responsibility against those who exercise irresponsibility and lack of restraint. Though his skirmishes are numerous, one in particular warrants review.

Super Defender Cheryl Irvin was threatened in the zealous defense of her client. Her zealousness was met with an improper order of incarceration. This judge wasn’t “patient, dignified and courteous” as required by the Texas Canons of Judicial Conduct. She ordered Cheryl into the holdover to wait. She demanded an apology. Within minutes the bat signal was initiated and Mark and others rushed to aid our super-defender in her contest with the supervillain.

While he assessed the situation, more superheroes assembled to investigate and research the facts and options. Mark proceeded to assemble a resolution. After much to-do about nothing, the resolution consisted of Cheryl going about her own business, leaving the holdover, and ultimately filing a grievance.

Super-defenders provided affidavits discussing the facts and circumstances. Slowly, yet surely, the State Commission on Judicial Conduct issued its decision: a private sanction.

The villain retreated. But, like all villains, returns at a whim.

After the death of colleague, Mark took over a case in the judge’s court. Mark requested a short two-day reset to consult an immigration attorney before his new client could take a sweet deal. “No good deed goes unpunished,” she warned. After all, the supervillains’ lack of restraint and utter irresponsibility are a threat to the superhero, and to the people the superhero protects. The ongoing struggle continues.

As for Mark, he will “look for more opportunities to do the right thing the same way.” And the CJC is a safer place for all his efforts.

Our Lives, Our Fortunes, Our Sacred Honor

July 4, 2016 Leave a Comment

As Free and Independent States, Absolved from all Allegiance to the British Crown, We mutually pledge to each other our Lives, our Fortunes and our sacred Honor. We hold these truths to be self-evident, 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. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

July 1, 2016: 7th Annual Reading

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Nicole DeBorde

In this 240th celebration of the Declaration of Independence, we again assembled to pledge to each other our Lives, our Fortunes and our sacred Honor. In this our 7th annual reading, we stood together to renew our vigor and remind those in power that their power will be checked. As a local activist organization, we, the members of HCCLA, stood together and renewed our promises to our clients and colleagues. We will be the ones who stand against tyranny. We will be the ones who daily fight for individual freedoms and rights so that all will be protected.

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Robert Pelton

In a day where our judiciary thinks they are part of the home team, prosecution and law enforcement, we are the ones who stand to remind them governments can be overthrown. Governments are instituted among men and derive their powers from the consent of the governed. It is not government who decides right or wrong. It is the people. And whenever government becomes destructive, it is the right of the people to alter or abolish it.

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Robert Fickman and Tyler Flood

We are fortunate to have started this great tradition which has now spread across Texas and is gaining national and even international momentum. Many thanks to Robert Fickman for leading the statewide effort and securing readings in each and every of Texas’ 254 counties.

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Bob Rosenberg

Our history is reflected in a short synopsis of our years. And we hope to continue to grow our symbolic stand against the abuses in our system.

Additional thanks to Bob Rosenberg who tirelessly assists each year, not only with our reading but with photographs to document.

We’d also like to thank those judges and public officials who were able to attend and share our experience: Judge Kristin Guiney, Justice Marc Brown, Judge Ryan Patrick, Judge Jay Karahan, and District Clerk Chris Daniel. Judges Stacey Bond, Mike Fields, and Maria Jackson sent their regrets.

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Steve Halpert

Special thanks to ABC 13 and Jaime Zamora for livestreaming our event! Check out some video HERE

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Earl Musick

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JoAnne Musick

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Romy Kaplan, George Parnham, Mary Conn, Jay Cohen

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Alex Bunin, Chris Tritico

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John Raley, Nicole DeBorde, JoAnne Musick

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Vivian King, Robert Fickman

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Robert Pelton, JoAnne Musick, Danny Easterling

Media from our event:

Click2Houston carries the full video of the event HERE

ABC13 Coverage HERE

Breitbart – Texas Lawyers Celebrate in Every County by Reading Declaration of Independence: Started with HCCLA

Texas News quotes member Tom Berg

International Readings by our Members:

Enjoy members Ken and Judy Mingledorff reading in Prague on behalf of HCCLA

Member Brent Mayr reading on the steps of the Palazzo Publico taken from the Piazza del Campo in Siena, Tuscany, Italy. The relative significance of this location to the Declaration is two-fold. First, the Palazzo was home to one of the first forms of republican government outside of Rome. Second, and more importantly, painted on the walls inside are two famous frescos, The Allegory of Good Government and The Allegory of Bad Government. In The Allegory of Good Government, the central character is guided by Faith, Hope, and Charity, while conferring with the proper virtues necessary for a proper and just ruler: Peace, Fortitude, Prudence, Magnanimity, Temperance and Justice. Appropriately, Justice is depicted balancing the scales held by Wisdom. On the other hand, in The Allegory of Bad Government, the central figure is a demonish looking character with horns and fangs depicting Tyranny. Surrounding him are characters representing Cruelty, Deceit, Fraud, Fury, Division, and War.

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.

THE LIFEGUARD

March 17, 2016 Leave a Comment

the lifeguard
by Rick Oliver, HCCLA member and attorney

“Back in the day I was a lifeguard, if you can believe that.”

After a hesitant pause, she said, “Not as easy as it looks, is it?”

He shrugged to himself. His eyes drifted up and as they did the phone slid down his chin a bit. He could have heard her if she were talking. But she wasn’t; she was waiting for him. He took a deep breath and gently probed the darkness. It was too complete to discern the shapes on the wall, but he wasn’t scared. It was his office, after all; had been for the last twenty years. He could smell his smell in it. Everything he touched was warm and familiar. He could move confidently in the darkness without offending a shin. This place symbolized his place in the world. Every stick and scrap was evidence of or a testament to the career he’d conjured virtually out of nothing. Still, he knew, pride isn’t enough to light what’s dark.

His was the same sort of crap you see adorning the walls of nearly every defense attorney’s office. Certificates of accomplishment, laurels earned and laurels bought, tokens of appreciation, historical hubris, and the scalps of fallen enemies. He knew what they were. He knew they were there. He’d spent what felt like a lifetime among these baubles. He knew he would recognize them immediately, if only the lights were on. He sighed and mumbled, “I can only see it when I close my eyes.”

Gently, she said, “What was that, John?”

He shook his head like he was warding off a fly, readjusted the phone and said, “Nothing.”

“Did you ever save anyone?”

John’s eyes were drawn to the black corner where the inky dark loomed heavy and substantial. His filing cabinets were a mausoleum of old voices and the stories that had brought them here. Of course he had saved some of them. Some he saved from themselves. Others he plucked from circumstance and the conclusion it suggested. For those victimized at the altar of leverage he had found the fulcrum and turned the tide. Too many had been spared the wrath of political guile masquerading as adversarial zeal. Of course, some of them were just as guilty as Hell. He saved some of them, too. But, he hadn’t been able to save them all. There were just too many.

“When you were a lifeguard, I mean.”

John chuckled quietly and said, “Once. But mostly, I worked on my tan. I remember by the end of that summer the sun had bleached the hair on my arms and legs white.” Instinctively, he reached for his forearm and could remember the soft blonde fuzz of that summer despite the coarse salt and pepper of this winter. “My Mother used to boast that the contrast of those tiny white hairs against golden skin made me seem almost angelic.”

“I’m sure it was just a trick of the light.”

His laugh was almost a foreign sound. He said, “No doubt.”

“Tell me about the one you saved.”

He took a deep breath and leaned his chair back, anticipating the soft nasally squeal of rusty spring. He pressed his head into the rough leather and felt the cold knot of tension that always seemed to play at the base of his skull.

“You ever notice how so much of life is metaphor?”

“I have to be honest,” she said. “More often I find it to be allegorical.”

John cleared his throat and said, “I suspect secular dogma is mostly to blame, for that.”

“How do you figure,” she asked.

“You want to talk about that or you want to talk about the pool?”

“Good point,” she said. “Let’s talk about John the Life-Saver.”

“That’s probably a bit ambitious, but I’ll tell you anyway. I was in my stand, rigidly observing that 10/20 principle they drilled into your head back then.”

“Ten seconds to scan your area; twenty seconds to get to and rescue anyone in it?”

“Very good,” John said. “She was across the pool from me.”

“Tell me about her, if you remember.”

“She was Hispanic. She was there with a few other women and a gaggle of kids who all bore at least the slightest resemblance to her. At the time she seemed old, to me. Looking back, I assume she was in her mid-thirties; a baby. Her hair was twisted with one of those thick green rubber bands they use to package broccoli at the grocery store. It didn’t matter, though. She had the kind of hair whose vibrant simplicity makes other women jealous.”

“The rubber band is kind of an obscure thing to remember. Why do you think you focused on that?”

“I was scanning my area when she eased into the pool. You could tell right away the water made her nervous. The kids all hollered and cajoled and the adults even clapped as she went in. The kind of thing that would piss you off, if they weren’t her family. Some of the kids splashed her and you could tell she didn’t like that; not because of what the water could do, but because of what it was. I don’t think any of those kids could understand her fear. I know I didn’t, then. Anyway, she put on a brave face and started bouncing up and down a little. But, she was careful not to let her head go under. She was white-knuckling the concrete with one hand and waving the other around in circles under the surface—a pitiful attempt to float. That was the start of it. She would bounce a few times and then float into deeper water, all the time testing her footing. Bounce and float, bounce and float. Check for ground. Deeper and deeper. By then no one was paying attention to her anymore.”

“Except for you,” she said.

In the dark, John shook his head. He looked up at the ceiling and slowly exhaled a shuddering breath. “Not me either,” he said.

“What happened?”

“On my next pass I got to the spot I’d last seen her but she was gone. It took me a second or two to realize she’d gone under. Got too deep and lost her grip on the firmament, I suppose. I hadn’t realized how short she was until she went under. All I could see were two little hands reaching heavenward, either side of that beautiful brown hair.”

“She didn’t panic when she went under?”

“Maybe that’s why I didn’t keep as good an eye on her as I maybe should have. I figured if she got into trouble she’d start thrashing about and get everybody’s attention. Surely, I thought, her family would go in after her and she’d be out of the pool before I could get out of my stand. But, that’s not how it happened. I guess not everybody drowns the same way.”

“Would it be easier if everyone did?”

“I think you’re asking a tougher question than you realize.”

After a pause she asked, “Did she make it?”

“I don’t remember blowing my whistle but I can still feel those three sharp blasts in my chest and in my bones, silencing the din like gunshots as I fell from the stand like a stone in to water. I hunched over my rescue tube and swam to her as fast as my arms would carry me. When I got there I jabbed an arm in the water and grabbed ahold of her just above the spot where that thick rubber band was binding her hair.”

“So,” she asked.

“I pulled her up and she coughed a gout of urine-laced pool water, but the important thing is she was coughing. Anyone with kids will tell you that’s a good sign.”

“So, you pulled her up by her hair and saved her?”

“I did.”

“Ouch.”

“My Father always told me to never confuse safety and comfort. I figure she learned that lesson the hard way, that day.”

When she didn’t respond John stood up with the phone. He stepped around the open desk drawer and walked to where he knew the sideboard was. He jiggled the stopper and set it next to the decanter. It rolled on its side and settled with a pleasant clink. He groped for a high ball and when he got it added three fingers of Scotch. It was reduced to a bony finger by the time he regained his seat.

“Can I ask you something, John?”

“Please, do.”

“What was it that reminded you of your lifeguarding days?”

John set the high ball atop his desk and leaned his chair back again. Slowly, he let his head roll forward and loll side to side, trying to work out a kink. He said, “Before you could get hired as a lifeguard you had to pass a couple tests; prove you were a strong enough swimmer for the job. The first was easy enough. It was a timed five hundred meter swim. I hadn’t yet learned how to swim with my head under water, but they gave us plenty of time to finish and I did it without too much trouble.”

“What was the other?”

John leaned forward and put his elbow on the desk. He exhaled a breath that came out in a dry fetid rush. He swallowed the last of his drink. He said, “There was a separate pool by the diving boards where the water was deepest; so deep you couldn’t make out the bottom. They took us over there and we saw something odd. Cinder blocks were spaced out along the edge of the pool; one for every applicant. They didn’t mention the blocks and we didn’t ask. We got in the water and they told us all they wanted us to do was tread water. We started and did that for what seemed like forever. It wasn’t a problem for any one of us and I think that made us all a bit cocky. I remember a joke or two coming at the expense of the strength of the application process.”

“You forgot about the blocks.”

“We did. After a while we thought surely they must be satisfied. They told us to swim to the side of the pool. We thought it was over and we’d passed their test. It wasn’t and we hadn’t. They told us to each grab a cinder block and wade back out to the center. Once we were out there a stop watch was produced. They told us to hold the cinder blocks above our heads and tread water until they told us to stop. If we dropped the block we were out.”

“You passed the test.”

John nodded and in his solace a single tear tracked his cheek and settled with a mournful tickle along the base of his jaw. “I was a young man, then. The cinder block weighed fifteen, maybe twenty pounds at the most. At the start, I held it up in one hand and with a smirk on my face. Obviously, I was showing my ass. But, pretty soon it felt as though I was holding a goddamn elephant above my head and I wasn’t smirking anymore. My arms and legs and lungs were burning like fire, but I was determined not to let that cinder block beat me. I wanted to impress the ones who were there who’d already passed the test. And I wanted to wipe the smug look of satisfaction off the face of the man holding that stupid stop watch, too. Pretty soon two of my fellow applicants dropped their blocks and kicked for the side where they clung to it, defeated. Still, I kept kicking and thrashing. In the beginning I was high and strong and able to keep my chin clear of the water. As time passed I could feel myself beginning to sink. It was such an odd sensation feeling your strength flag in such tiny but meaningful increments.”

“What do you mean?”

“I was drowning; that’s what I mean. I was just doing it slowly and against my will. I realized it when I felt the water on my cheeks. It tickled a little and forced me to blow air out my nose so I could breath. I had to kick hard every so often to get clear of the water so I could take a full breath. The water didn’t care. It was ready to accept me dead or alive; docile or thrashing. And then it was tickling my earlobes. I could barely force a kick hard enough to clear the water for air. Still, I kept kicking and sinking. When it started to sting my eyes I cried out of frustration. I set my jaw and stared blurry lasers at the man counting the time. I believe I would have gone right down to the bottom holding that block over my head, if it had come to that.”

“But it didn’t.”

“Fortunately, no.”

“What do you think gave you the strength to endure?”

“I knew I could drop the block.”

“What’s so different now, John?”

John lowered his head until it was touching the desktop. He whispered, “I can’t drop the block. Not anymore. No matter how heavy it gets or how far under I go. There’s no rest and no break. No stop watch and no end. I can only see one way to get out from under it, anymore.” He started to cry; silent and wracking sobs. Blindly, he reached inside the open desk drawer and gripped his pistol. Like everything else in his office it felt comfortable and familiar. It felt easy and light, and with it the promise of a dream. With his eyes closed, he could see it perfectly.

“John?”

He clamped his mouth shut to stifle a sob and didn’t trust himself to speak. He thought about ending the call. He wondered whether it had been a mistake to begin with.

“John? Are you still with me?”

John was able to manage a confirmatory squawk.

“Get up and turn on the lights, John.” The hardened edge to her palliative tone caught him off guard. He looked up and wondered through tears how she knew he was sitting in darkness.

“How did you know the lights were off?”

“Turn them on, John.”

Confused, but obedient, John pushed himself back from his desk and went to the wall switch. Light bathed his office and he winced. As his eyes adjusted the frames on the walls returned slowly to focus.

“John?”

“I’m here.”

“The block is your life and it’s heavy because it’s meaningful. You don’t have to drop it, John. You don’t have to drop the block and you don’t have to carry it alone. Are the lights on?”

“Yes.”

“Look around.”

Tetchily, John said, “It’s my office. I know what’s here.”

“I think you’ve forgotten, John. Look around. Look around and remember what all you’ve accomplished; who all you’ve helped. Take things down or pick them up and dust them off; examine the details. Re-experience them, John. Those things add weight to the block, too. And those are things you shouldn’t want to let go of. You’re lonely; not alone. When you lose contact with the faces and the places and the love, of course it’s just you holding a cinder block overhead in a big dirty pool of hungry water. Once you realize that, the block will start to feel lighter and lighter. You may even feel strong enough to show your ass, a little.”

He hung on every word, trying not to fall victim to what he so often accused others of: not listening. He wanted her help. That’s why he had called. He breathed deep and steadying breaths. He looked around his office. Somehow, it felt both familiar and new. He saw faces and could hear their voices. It wasn’t all laughter. There was pain, too. But it filled him up and for the first time he began to feel grounded and whole. Emotion welled up and he wondered how he could have ever considered escape. He moved from picture to picture; bauble to bauble. He had no idea how much time had passed; another welcome feeling. He realized she was still on the other end, waiting for him to come back.

For the first time in as long a time as he could remember, he smiled a smile of genuine appreciation. Not just for her voice, but for the voices she helped awaken. “Thank you, Hope.”

“I’m glad you called, John.”

John started to drop the phone but stopped. “Hope?”

“I’m still here, John.”

“That’s not your real name, is it?”

He smiled as she giggled from the other end. “Have a good night, John.”

Texas Lawyer’s Assistance Program: If you need help call any time day or night—(800) 343-8527

Brandon Ball: a profile

January 14, 2016 Leave a Comment

Born in Abilene, military brat Brandon Ball, has lived in numerous countries. He was a correctional officer for the Texas Department of Criminal Justice (TDCJ) while attending Sam Houston State University before becoming a parole and probation officer for the city of Las Vegas. He is a graduate of the Thurgood Marshall School of Law.

Q: What was it like being a correctional officer at TDCJ?

A: It’s an institution. It wasn’t like I dreamed it was because it wasn’t about the rehabilitation. It was about running the numbers and getting the right number of people moving along. People there are trying to do their job and not make waves. People go along to get along. I saw a lot of things that I did not like there. It’s not like in the movies where it’s easy to do the right thing. It’s hard to be brave.

Q: What did your job as a parole and probation officer in Las Vegas teach you?

A: It’s not easy being on parole. When someone gets released, they would be rated on whether they would reoffend. My idea was that I wasn’t planning to send them back to prison. I was trying to help them and focus on the rehabilitation. But it’s not easy for them to integrate back (into society) because the resources are limited. They don’t come out with a job and they don’t come out with a vehicle. They don’t have that family support system that a lot of us have.

Q: How has your experience with the inmates and parolees helped you in your criminal defense work?

A: The only difference between you and them is they got caught and you didn’t. They were stupid and didn’t think and got drunk and made a mistake. Someone who’s a juvenile misses school and gets suspended and then they fall behind and get expelled. Then they can’t get into college and because they didn’t go to college, they can’t get a job. It becomes a cycle. The indigent defense system is set up for you to fail. You read about these lawyers who represent hundreds of defendants a year. There’s no way they spent any amount of time on those cases. Someone who gets a conviction on their record for an assault family member is going to spend the rest of their life being known as a criminal. People judge you and that judgment hinders them from future employment. It becomes a cycle.

Q: Why did you want to go to law school?

A: My mother always believed that if you spoke things aloud, it comes to existence. When I was little, my mother told me I would grow up to go to college and be a doctor, an engineer, or a lawyer. I wasn’t any good with math, so I couldn’t be a doctor or an engineer. Matlock was one of my favorite shows and people kept telling me I should go to law school because I loved to argue. I applied to 18 different law schools and didn’t get in the first time and was going to give up. Then my friend, Chaunte Sterling, encouraged me to reapply and I reapplied the next year and got accepted.

Q: Did you plan on becoming a criminal defense lawyer?

A: I didn’t plan for what I was going to study before law school and I didn’t plan after. I knew I had a background in criminal justice and I wanted to do something different. So I graduated and did some family law and heard about the FACT program (Future Appointed Counsel Training Program) and Gideon’s Promise and it changed my views. Before, I was scared to do criminal defense because I didn’t have a mentor coming out and didn’t want to send someone to prison for five years because I didn’t know what I was doing. The FACT program and Gideon’s Promise showed me that indigent defense is the new civil rights. The amount of people who don’t get adequate representation is astonishing. From that point on, my viewpoint on wanting to practice criminal defense changed and I’ve been focused on that area since.

Q: What do you wish the older and more experienced attorneys would know about your generation?

A: It’s different now for new lawyers coming out. Twenty-five to thirty years ago, it was easier to get cases and clients and take cases to trial. I wish they would be more patient with us and give us more of their time. It’s hard to be that young attorney that’s being annoying because they want a mentor. It’s not easy asking someone for help. To get a real mentor, you have to annoy the person: you’re asking them questions, you’re constantly calling them, sending emails. I wish they understood that it’s hard for the younger lawyer to want to be that annoying.

Q: What lessons do you live by as a young attorney?

A: All you have is your name and word. If you say you’re going to do something for a client or another attorney, and you don’t do it, they remember that. To that person, you’re going to be put into the category as someone that can’t be trusted. Once you lose their trust, that’s it. Read case law. It’s important to learn what the law is and the caselaw changes. As a young attorney, you don’t know anything and one place to start is to read caselaw. It helps you know and recognize what you don’t know. Never stop learning and never be afraid to learn. The law changes; the facts change. You forget things. Twenty years ago, DWI cases, DNA and eyewitness identification cases were not getting tried the same way as they are today. Social media wasn’t around. Society is always changing and we have to adapt and apply it to the courtroom.

Q: Do you think the criminal justice world treats black attorneys differently?

A: From the standpoint of potential clients, yes. If you put a black lawyer next to a white one, without knowing anything about either lawyer, the white lawyer will get picked more often than not. The same is true regardless of whether the client is black or white. It is the same for women versus men lawyers. That’s just how it is. As a black attorney, I understand I can’t afford to slip up like one of my white counterparts. Some folks don’t want to talk about that but I think it’s a healthy discussion.

interview by Thuy Le

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

Kent Schaffer: a profile

December 17, 2015 Leave a Comment

Kent Schaffer was a drama college major at the University of Texas when he saw Richard “Racehorse” Haynes cross-examine a Texas Ranger. For the next four days, Schaffer would skip his classes to attend the trial. At the end of the trial, Haynes offered Schaffer a job. Schaffer showed up at the job the day after classes ended and for the next three summers he would continue working as an investigator for Haynes until he decided to be a lawyer. He graduated from the University of Houston Law School in 1981.

Schaffer has represented high profile clients such as Farrah Fawcett, Congressman Craig Washington, and R. Allen Stanford. He’s most recently been in the Tom Sizemore short film “Pieces” and was one of the producers of An Unreal Dream: The Michael Morton Story.

Q: It seemed like you enjoyed being an investigator for Haynes. Why law school?

A: I was always in and out of trouble as kid. I’d often get in trouble for saying things that were on my mind. So it was always one of those ‘it takes one to know one…’ I always enjoyed trying to find out something about someone that they didn’t want me to find out.

Q: Did being a drama major in school help you with being a lawyer?

A: Being in trial is similar to a dramatic production. You have to get their attention and interest and you have to learn to make things interesting to someone. In drama you learn the tools to make people want to listen and pay attention. I don’t get stage fright. I enjoy the performance.

Q: How has going to trial changed from when you were first practicing?
A: Now, it’s a lot harder to take cases to trial. There’s not than many cases that get to trial. The federal sentencing guidelines are insanely high. When I first practiced, there was no talking to the police. Now a lot of people are snitches. A lot of people want to cooperate to get that probation or year instead of going to trial. The [State] threatens to hammer you if you go to trial so there aren’t a lot of lawyers willing to go to trial.

Q: How have you seen the jury system change over the years?

A: Now it’s an ADD generation. You can’t be too emotional and jurors have more mistrust of the lawyers. Jurors are more skeptical and conservative. They know the police lie, they know there’s an inherent racism in the system. They’ve seen CSI and in a case where there’s an absence of forensics, it can seem as though there’s no evidence. Lawyers need to be cognizant of their audience and pick members [of the jury] that are closer to the defendant. You have to adapt to a jury and I have to frame a case to that audience.

Q: How are judges different now than when you first started?

A: It seems a lot of people are in a hurry. You have to take the time to get your story out there; you can’t speed up the trial for the sake of brevity. Now we’re being told you have to speed things along. Judges compare the size of their docket as though that matters. Why does that make a quality judge? The quality of a judge is where justice is meted out and not how quickly they proceed through a case. Federal judges are different.

Q: What about the system itself. How has that changed?

A: There’s a lot of people who are in the criminal justice system who should not be there. We criminalize things we should not. When I went to St. John’s, I would get five pops for talking in class. Then when I got home, my parents would spank me for getting in trouble in school. I got spanked so much that I thought it was an S&M movie. We need more accountability from the family. In Aspen, the Sheriff recommends milder forms of marijuana. The deputies will protect the marijuana growers. The police there protect people unlike here where they’re kicking in the door to get a bag of weed. We will be the one of the last states to legalize marijuana. The electorate is not an intelligent group because we have a lot of people from West and East Texas.

Q: Is there a lawyer who you admire?

A: Gerry Goldstein. He enjoys life everyday. A lot of lawyers’ lives revolve around work. I don’t have a lot of passions but I enjoy photography, art, film, travel, and people. I’m not a good loner. Being a good lawyer is knowing people. You need a real appreciation for people.

Q: What advice do you have for the younger lawyers out there?

A: Always keep your word even though you don’t want to. People come to you and trust you. You made them that promise that you will give them a hundred percent of your time and talent. We’re like surgeons. People are on the table. You take the shortcut: that’s inexcusable because you want to go play golf. You can’t have it all. It’s hard to be all things to all people. When you have a profession instead of a job, you have to put in the time and keep your word. No shortcuts.

Q: You’ll be 60 years old on August 22. What would you be doing if you weren’t a lawyer?

A: I’m a Jew; we’ve always wandered the desert. If I’m not practicing law, I’d want to own the Bellagio.