Harris County Criminal Lawyers Association

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)

Criminal Court Reopening and Public Health in the COVID-19 Era

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

 

July 13, 2020 – Houston, Texas – In an effort to provide solutions to this unprecedented Pandemic, we wanted to draw your attention to the June 2020 Statement of Principles and Report by the National Association of Criminal Defense Lawyers (NACDL) entitled Criminal Court Reopening and Public Health in the COVID-19 Era.  

Please let this letter suffice as HCCLA’s formal adoption of this report. We urge you to take the time to read the core principles for reopening criminal courts which specifically affect us all. 

 

Thank you for your attention and time. Please feel free to contact me any time to discuss how we can move forward while keeping the safety of all of us as the upmost of importance.

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NRG Plan

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

NRG Plan to Resume Jury Trials

June 29, 2020 – Houston, Texas – HCCLA sent the following letter to Hon. Judge Susan Brown, Presiding Judge, 11th Judicial Administrative Region regarding the plan to implement jury trials at the NRG Stadium.

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George Floyd

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June 2, 2020

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

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

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

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

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

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

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

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

 

Mark Thiessen
President, Harris County Criminal Lawyers Association

PR: Judges Risk Spreading Pandemic

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

JUDGES RISK SPREADING PANDEMIC

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

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

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

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

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

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

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

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

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

PR: HCCLA 2020-2021 Board of Directors

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