Harris County Criminal Lawyers Association

HCCLA 15th Annual Reading: Declaration of Independence

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FOR IMMEDIATE RELEASE

CONTACT:
Robb Fickman, HCCLA Past President/Event Founder
(713) 962-8821 or email

15th Annual Reading: Declaration of Independence

Houston, Texas – July 2, 2024 – In celebration of Independence Day, the Harris County Criminal Lawyers Association (HCCLA) is holding its 15th Annual Reading of the Declaration of Independence on Wednesday, July 3rd at 11:00 am outside the criminal courthouse at 1201 Franklin Street, Houston, Texas. Local criminal defense lawyers will take part in reading sections of the text. The national anthem will be performed by attorney Ashley Smith.

Members of the Texas Criminal Defense Lawyers Association (TCDLA) will also be holding readings in front of courtrooms across the state.

HCCLA President Joe Vinas said, “HCCLA is honored to continue its annual reading of the Declaration of Independence at the Harris County courthouse. It serves as a reminder to all about the sacred rights our founders fought and died for when establishing this great nation. Because of HCCLA leaders like Robb Fickman, this honored tradition has spread to all 254 counties in Texas, across the nation, and in some foreign countries around the world.”

The Reading of the Declaration of Independence by criminal defense lawyers is an annual tradition started by HCCLA Past President Robert Fickman. “We read the Declaration annually as a reminder that the fight against tyranny is a never-ending battle. We must always fight those who would rob us of our liberty. Ben Franklin reminded us that we would have a republic but only “if we can keep it”.  The Greatest Generation fought the Nazis who would have robbed us of our liberty. We owe it to the Greatest Generation to continue that fight. We cannot open our arms to anyone who would turn our country into a dictatorship” said Fickman.

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. Defense lawyers preserve these rights and hold the government to the laws of this nation.

Please join us in honoring our nation’s most sacred document in the spirit and celebration of Independence Day:

When:     Wednesday, July 3, 2024
Where:    Harris County Criminal Justice Center
1201 Franklin Street, Houston, Texas 77002
Time:      11:00 AM

 

The Harris County Criminal Lawyers Association is the largest local criminal defense bar in the United States with more than 700 active members.

Click here for more information about the history of the Readings and photos 

HCCLA 2024 Judicial Bar Poll

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FOR IMMEDIATE RELEASE

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

HCCLA 2024 JUDICIAL BAR POLL

HCCLA Judicial Bar Poll RESULTS

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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HCCLA 14th Annual Reading: Declaration of Independence

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FOR IMMEDIATE RELEASE

CONTACT:
Murray Newman, HCCLA President
(713) 864-2080 or murray@murraynewman.com

14th ANNUAL READING OF THE
DECLARATION OF INDEPENDENCE

Houston, Texas – June 27, 2023 – In celebration of Independence Day, the Harris County Criminal Lawyers Association (HCCLA) is holding the 14th Annual Reading of the Declaration of Independence on Friday, June 30 at 9:30 am outside of the Criminal Justice Center, 1201 Franklin, Houston, Texas.

HCCLA President Murray Newman said, “although the Declaration of Independence isn’t a perfect document, it was our country’s first valiant effort towards forming a more perfect Union and it is one that we recognize by reading in this tradition as we continue to strive to be closer to perfection in our criminal Justice system.”

The Reading of the Declaration of Independence by criminal defense lawyers is an annual tradition started by past president Robert Fickman in 2010. “Our reading is a message to those abusive judges who persistently ignore or trample on the Constitution. Our message is this: the defense bar will continue to stand United against them until they stop their abuse of the Constitution,” said Fickman.

Members of the Texas Criminal Defense Lawyers Association (TCDLA) will also be holding readings in front of courtrooms across the state. From their website: “The Declaration of Independence is our nation’s most revered symbol of a nation’s stand against the illegal and immoral depredations of the crown against our citizens. It is only fitting that in Texas, which leads the country in the exoneration of those wrongfully accused and imprisoned, criminal defense attorneys serve at the forefront of the battle against the encroachment on our rights today. These readings are a reminder to all in the criminal justice system that abuses of power will be exposed and fought by members of the criminal defense bar.”

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:     Friday, June 30, 2023
Where:    Criminal Justice Center
1201 Franklin St, Houston, Texas
(outside in front of the courthouse)
Time:      9:30 AM

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:
Declaration of Independence Readings (hccla.org)

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Texas Juvenile Mental Health Care

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FOR IMMEDIATE RELEASE:
CONTACT: Murray Newman, HCCLA President
(713) 864-2080 / email

An open letter regarding the interim report by the Texas Advisory Committee to the U.S. Commission on Civil Rights on Texas Juvenile Mental Health Care

Houston, Texas – June 7, 2023 – Murray Newman, President of the Harris County Criminal Lawyers Association (HCCLA), submitted the following letter to all Juvenile Court Judges in Harris and contiguous counties, all elected District and County Attorneys in those same counties, and all elected Texas State Senators and Representatives:

Download (PDF, 56KB)

 

Special Responsibility of Prosecutors

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FOR IMMEDIATE RELEASE:
CONTACT: Jed Silverman, HCCLA President
(713) 226-8800 / email

State Bar of Texas Proposed Disciplinary Rule Change:
Rule 3.09 Special Responsibilities of Prosecutors

Houston, Texas – April 11, 2023 – The State Bar of Texas Committee on Disciplinary Rules and Referenda will hold a public hearing on Proposed Rules 1.08, 3.09, 5.01, 5.05, and 8.05 by teleconference at 10 a.m. CDT on April 12, 2023.

Jed Silverman, President of the Harris County Criminal Lawyers Association (HCCLA), submitted the following comments regarding the responsibilities of prosecutors in the proposed change to Rule 3.09 of the State Bar of Texas Disciplinary Rules of Professional Conduct.

For teleconference participation information: texasbar.com/cdrr/participate, where an agenda with a Zoom link will be posted before the meeting. If you plan to address the Committee at the public hearing, it is requested that you email cdrr@texasbar.com in advance of the hearing stating on which rule(s) you will comment.

Dear Committee:

I am writing to you on behalf of the Harris County Criminal Lawyers Association, the largest local criminal defense bar in the United States with more than 500 active members engaged in the defense of citizens accused of criminal acts. The proposed change to Rule 3.09 of the Texas Disciplinary Rules of Professional Conduct has received a great amount of attention from our Board of Directors and members and I can confidentially say that our entire organization stands behind this proposed Rule. We urge this Committee to recommend the proposed rule to the Board of Directors for the State Bar be submitted for a vote before the entire Bar.

For years, Texas has struggled with the concept that prosecutors are to seek justice, not just convictions, and, in seeking to adhere to that duty, they are to disclose exculpatory evidence. It should be noted that the current version of Article 39.14 of the Texas Code of Criminal Procedure was enacted a decade ago and named for Michael Morton, a man wrongfully convicted of murder who spent 25 years in prison for a crime he did not commit. As was well-documented and confirmed in court, prosecutors withheld evidence in his trial and subsequently continued to fight against producing DNA evidence during the post-conviction writ process that eventually proved his innocence.

Harris County too has seen its share of convictions overturned due to prosecutorial misconduct where prosecutors withheld exculpatory evidence. See Ex parte Temple, No. WR-78,545-02, 2016 WL 6903758 (Tex. Crim. App. 2016); Ex parte Brown, No. WR-68,876-01, 2014 WL 5745499 (Tex. Crim. App. 2014); Prible v. Davis, No. 09-CV-1896, 2020 WL 2563544 (S.D. Tex. May 20, 2020), vacated sub nom. Prible v. Lumpkin, 43 F.4th 501 (5th Cir. 2022).

Although it is not a perfect solution to curbing this untenable problem, our organization believes the presently proposed change to Rule 3.09 is a necessary step for what we see as a considerable concern for our Bar: maintaining public confidence in our criminal justice system. Every one — including prosecutors — should be concerned about that.

Harris County recently led the country in exonerations due, in large part, to our District Attorney continuing to seek out exculpatory evidence in drug cases even after defendants pleaded guilty. See Samuel R. Gross, Maurice Possley & Klara Stephens “Race and Wrongful Convictions in the United States,” National Registry of Exonerations (2017). This proves that requiring prosecutors to take affirmative steps to correct a wrongful conviction when presented with exculpatory information is a workable solution.

We are deeply concerned by prosecutors who have stood in the way of this proposed Rule. Their motivations are no different than those of the prosecutors in the case of Michael Morton, fighting at every step to keep a horrible wrong from being made right. This is not the image that we as lawyers should be promoting to the public at large.

Our plea to this Committee is to let our entire Bar who serves the public have an opportunity to have their voices heard on this necessary change to the Rules.

We appreciate your consideration and hope for the best.

 

Sincerely,

Jed Silverman

HCCLA President

HCCLA Questions Impartial Consideration of Judicial Complaint Against Harris County Criminal Court Judge

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PRESS RELEASE
FOR IMMEDIATE RELEASE: July 9, 2022

Contact: Jed Silverman, HCCLA President
713.226.8800

HARRIS COUNTY CRIMINAL LAWYERS ASSOCIATION QUESTIONS IMPARTIAL CONSIDERATION OF JUDICIAL COMPLAINT AGAINST HARRIS COUNTY CRIMINAL COURT JUDGE

HOUSTON, TX — 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 the defense of citizens accused of criminal acts. HCCLA has, for over 50 years, stood for criminal justice, criminal justice reform, and against government and judicial overreach.

Yesterday, it was reported that the State Commission on Judicial Conduct recommended formal proceedings against Judge Franklin Bynum to suspend him for a range of charges. The complaints against him come from the Harris County District Attorney’s Office who allege that he is biased against prosecutors, has failed to comply with the law, and has failed to maintain impartiality.

While HCCLA stands behind Judge Bynum and believes that these charges are baseless, our organization is concerned about a greater problem demonstrated by the handling of his complaint.

For years, prosecutors have taken advantage of a broken criminal justice system to violate the rights of individuals accused of criminal acts with the blessing and approval of judges who are willing to accept, ratify, and justify those same prosecutors’ actions. When a good and honorable judge like Judge Bynum exercised his legal knowledge and judicial discretion to make sure that prosecutors followed the law and, more importantly, that innocent individuals were not subject to illegal oppression, prosecutors petulantly went crying to the State Commission of Judicial Conduct.

Within a matter of months, the Commission held public hearings and made its recommendation to take punitive action against Judge Bynum whose term will end at the end of this year.

Contrast this against the judicial complaint made by HCCLA and the Texas Criminal Defense Lawyers Association (“TCDLA”) against one of those judges who, on a daily basis, violated —and continues to violate — individuals’ rights: Judge Ramona Franklin, Presiding Judge of the 338th Judicial District Court of Harris County. Almost two years ago, HCCLA and TCDLA filed a complaint with the State Commission on Judicial Conduct against Judge Franklin for illegally revoking defendants’ bonds right after they were released from custody and, worse, illegally denying them bail in violation of the United States and Texas Constitutions. Even after the complaint was made, Judge Franklin continued to engage in the same oppressive and illegal action. HCCLA and TCDLA notified the Commission of her continued action and the urgent need to step in and take immediate action. To this day, the Commission has taken no action against Judge Franklin.

In short, there seems to be two Commissions available to the people of Texas to review the actions and conduct of our judges: one that serves at the will and pleasure of prosecutors that will take immediate action against a judge like Judge Bynum who does not yield to prosecutors’ demands and holds them to their obligation not to convict but to see that justice is done — and another one that will stand idly by and unhurriedly consider a complaint by defense attorneys while individuals continue to have their rights and liberties violated on a daily basis.

While the Commission operates largely in secret and routinely takes private action against judges who engage in judicial misconduct, HCCLA is calling on the Commission to issue a public statement that explains its actions against Judge Bynum and, more importantly, its desire to take such immediate action against a judge whose term left on the bench is less than six months. In it, it should further explain how the complaint by the Harris County District Attorney’s Office takes priority over that of two organizations with thousands of members who stand by ready to protect Texans’ rights and liberties from judges who engage in judicial misconduct.

For further inquiries and interviews, contact Jed Silverman at (713) 226.8800 or email to jed@jedsilverman.com.

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HCCLA 13th Annual Reading: Declaration of Independence

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Houston, Texas – June 30, 2022 – As part of our long history of celebrating the birth of this great democracy, the Harris County Criminal Lawyers Association will host the 13th annual reading of the Declaration of Independence on July 1,2022 at 11:00 AM.

“During this time when our highest court is stripping away rights of its citizens and there our those whose actions threaten the most fundamental ideals of our great nation, it is of the utmost importance that we remind ourselves of the words of our declaration of independence,” said Jed Silverman, HCCLA President.

See the source imageThe Reading of the Declaration of Independence by criminal defense lawyers is an annual tradition started by past president Robert Fickman. “Our Founding Fathers declared that they would not live under the tyranny of King George. In reading the Declaration, we annually remind ourselves and our community that as Americans, we will never live under the yoke of any tyrant or tyrants,” said Fickman.

Members of the Texas Criminal Defense Lawyers Association (TCDLA) will also be holding readings in front of courthouses across the state.

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:     Friday, July 1, 2022
Where:    Harris County Family Law Center
1115 Congress Street, Houston, Texas 77002
(southwest lawn of the courthouse) – in the event of rain, the reading will take place under the awning at the same location.
Time:      11:00 AM

Click here for more information about the history of the Readings and photos 

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HCCLA 12th Annual Reading: Declaration of Independence

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Houston, Texas – July 1, 2021 – In celebration of Independence Day, the Harris County Criminal Lawyers Association (HCCLA) is holding its 12th Annual Reading of the Declaration of Independence on Friday, July 2 at 12:00 pm outside the courthouse in person at 1115 Congress Street, Houston, Texas.

Members of the Texas Criminal Defense Lawyers Association (TCDLA) will also be holding readings in front of courtrooms across the state. “We are proud to emphasize the patriotism associated with Independence Day,” said TCDLA President Grant Scheiner of Houston. “TCDLA recognizes the Declaration of Independence as a bedrock document that not only liberated the colonies but eventually led to the United States Constitution, the Bill of Rights and the American rule of law—concepts criminal defense lawyers use every day to protect individual liberties in courthouses across the land.”

HCCLA President Joe Vinas said, “HCCLA is honored to continue, for the 12th consecutive year, its annual reading of the Declaration of Independence at the Harris County courthouse. It serves as a reminder to all about the sacred rights our founders fought and died for when establishing this great nation. Because of HCCLA leaders like Robb Fickman, this honored tradition has spread to all 254 counties in Texas, across the nation, and in some foreign countries around the world.”

The Reading of the Declaration of Independence by criminal defense lawyers is an annual tradition started by past president Robert Fickman. “We read the Declaration annually as a reminder that the fight against tyranny is a never-ending battle. We must always fight those who would rob us of our liberty,” said Fickman.

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:     Friday, July 2, 2021
Where:    Harris County Family Law Center
1115 Congress Street, Houston, Texas 77002
(southwest lawn 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 700 active members.

Click here for more information about the history of the Readings and photos 

 

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Judicial Misconduct Complaint

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P R E S S   R E L E A S E TCDLA - Texas Criminal Defense Lawyers Association on Lawyer Legion
FOR IMMEDIATE RELEASE

CONTACT:
Mark Thiessen, HCCLA President
(713) 864-9000 or email: Mark Thiessen

or Grant Scheiner, TCDLA President
(713) 783-8998 or email: Grant Scheiner

HCCLA and TCDLA Jointly File Judicial Misconduct Complaint on Harris County Judge Ramona Franklin, 338th District Court

HOUSTON, TX — 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 the defense of citizens accused of criminal acts. HCCLA has, for over 50 years, stood for criminal justice, criminal justice reform, and against government and judicial overreach.

The Texas Criminal Defense Lawyers Association (“TCDLA”) is the largest state association for criminal defense attorneys in the nation with over 3,200 members. TCDLA’s purpose is to protect and ensure by rule of law and protect those individual rights guaranteed by the Texas and federal Constitutions in criminal cases; to resist the constant efforts which are now being made to curtail such rights; to encourage cooperation between lawyers engaged in the furtherance of such objectives though educational programs and other assistance; and through such co-operation, education, and assistance, to promote justice and the common good.

Today, HCCLA and TCDLA jointly filed a formal complaint with the Texas State Commission on Judicial Conduct against Judge Ramona Franklin, Judge of the 338th District Court of Harris County, Texas for violating the Canons of the Texas Code of Judicial Conduct. More specifically, Judge Franklin has repeatedly and illegally revoked defendants’ bonds right after they were released from custody and, worse, illegally denied them bail in violation of the United States and Texas Constitutions.

While many judges have been criticized for their decisions to release defendants on bail — individuals who are presumed innocent and legally entitled to bail — Judge Franklin has operated beyond the opposite end of the law, acting in a repeated, unlawful manner by revoking defendants’ bonds for no valid, legal reason. These individuals and their families spent their hard-earned money to secure their release so that they may fight their charges. Then, only making things worse, she then illegally ordered that they are to be held indefinitely without bail.

One individual sat in the Harris County Jail for 269 days after Judge Franklin illegally revoked his bond and put him back in custody back in November of last year. A little over two weeks ago, an appellate court found that Judge Franklin violated the law by doing so and ordered his immediate release. Despite this ruling, Judge Franklin continued to act in violation of the law by revoking other defendants’ bonds and denying them bail altogether.

The Commission on Judicial Conduct, pursuant to their lawful authority, will investigate the complaint and decide whether to take appropriate disciplinary action, including issuing sanctions, censures, suspensions, or recommendations for removal from office.

In the meantime, HCCLA and TCDLA will continue to monitor Judge Franklin’s actions, as well as other judges who decide to violate their obligations to comply with and be faithful to the law and act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.

For further inquiries and interviews, contact Mark Thiessen at (713) 864-9000 or Grant Scheiner at (713) 783-8998.

View or Download Formal Complaint:

Download (PDF, 6.83MB)

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Harris County Criminal Lawyers Association
P.O. Box 924523
Houston, TX 77292-4523
(713) 227-2404