VOL. XVII ISS. II | AUTUMN 2016
DEFENDER SAN ANTONIO
TWO ARE BETTER THAN ONE, BECAUSE THEY HAVE A GOOD REWARD FOR THEIR TOIL HOW TO GET THE JUDGE TO GRANT YOUR MOTION OR DON'T PUT THE MONKEY ON THE JUDGE'S BACK TEN CASES EVERY LAWYER SHOULD KNOW THE MENTORING PROGRAM OF THE SAN ANTONIO CRIMINAL DEFENSE LAWYERS ASSOCIATION
2016 ELECTION ISSUE
SACLDA OFFICERS Patricia Jay
Don Flanary
Christopher W. Simpkins
Michael McCrum
Lorain Efron
Jennifer Zarka
President
Vice President
Secretary
Editor, DEFENDER
Treasurer
Executive Director
EDITOR-IN-CHIEF Christopher W. Simpkins
ASSOCIATE EDITORS Trisha Morales Padia
John Hunter
6KÖCP[ 5JQEMNG[
John Fox
Robin Teague
Adrian Flores
Pat Montgomery
RC Pate
Jodi Soyars
Angela Moore
Roland Garoa
Chad Van Brunt
Arlene Gay
If you would like to submit an article to be considered for publication in The Defender, or see about how you can help or become involved with an contribute as an Associate Editor, please email chris@csimpkinslaw.com
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BOARD OF DIRECTORS Robert Barrera
Justin Fischer
Angela Moore
Philip Bozzo
John Fox
Kristen Mulliner
lDeborah Burke
Ray Fuchs
Miguel Najera
Anne Burnham
Roland J. Garcia
Trisha Morales Padia
John Carrol
Paul Goeke
Joel Perez
Andrew del Cueto
Juan Carlos Hernandez
Robin Teague
Christine DelPrado
John Hunter
Chad Van Brunt
Mario Del Prado
Blakely Mohr
Chris Simpkins
Joseph Esparza
Pat Montgomery
Michael Young
DIRECTORS EMERITUS Charles Butts (Deceased)
Anthony Nicholas (Deceased)
PAST PRESIDENTS Warren Wolf
John "Bud" Ritenour
John A. Convery
Robert Featherston
Adam Kobs
Ernest Acevedo, III
Jorge Aristotelidis
George Taylor
Ronald P. Guyer
Jay Norton
Stephanie Stevens
Mark Stevens
Michael Gross
Jim Greenfeld
George Scharmen
,GÖ /WNNKPGT
Michael S. Raign
Cynthia Hujar-Orr
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08 09
LETTER FROM THE EDITOR
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TWO ARE BETTER THAN ONE, BECAUSE THEY HAVE A GOOD REWARD FOR THEIR TOIL
Christopher W. Simpkins
PRESIDENT'S MESSAGE Patricia Jay
Bobby Barrera
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HOW TO GET THE JUDGE TO GRANT YOUR MOTION OR DON'T PUT THE MONKEY ON THE JUDGE'S BACK
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TEN CASES EVERY LAWYER SHOULD KNOW
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THE MENTORING PROGRAM OF THE SAN ANTONIO CRIMINAL DEFENSE LAWYERS ASSOCIATION
Judge Jason Pulliam
Carl Robin Teague
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MOTION TO QUASH THE COMPLAINT AND INFORMATION
The San Antonio Criminal Defense Lawyers Association P.O. Box 831 206, San Antonio, Texas 78283 (210) 501-2916 | sacdla.com
JUDICIAL RESPONSES CRIMINAL TRIAL COURTS 175th Judicial District Court (Vacant)
26 28
Libby Wiedermann (R)
Catherine Torres-Stahl (D)
399th Judicial District Court
30 32
Jan Ishy-Prins (R)
Frank J. Castro (D)
County Court at Law No. 5
34 36
Linda Molina (R)
Judge John A. Longoria (D)
386th Judicial District Court (Juvenile Court)
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Judge Laura Parker (R)
Letter from the Editor Christopher Simpkins Across the country there is a growing awareness within our society about the problems within our current criminal justice system and as a direct result there have been increased discussions and calls for undertaking serious policy reforms. However, there has not been any consensus as to what reforms are proper or necessary. This is largely due to the fact that there are no simple solutions or concrete policies that will ensure that justice is done in each and every case. That task in our trial courts
is assigned to the Judges, who unlike umpires preside over matters of much greater import than merely a game. As we are all aware, in Texas our judges are not appointed, but elected through the same partisan political process as the members of the legislature. The wisdom of this system is far beyond the scope of this terse editor’s message. However, we all have a voice and discretion in how we WUG QWT KPÒWGPEG CV VJG DCNNQV DQZ CPF we hope the answers provided by the
candidates in this edition help educate and inform our members and others. Therefore, in this edition of VJG 'GHGPFGT, we hope to provide a unique insight into the individuals seeking election in our Bexar county criminal trial courts. To this end, we circulated the questionnaire contained in this edition to all the candidates seeking election to one of the criminal trial court’s up for election in this current election cycle and hope [QW ÑPF VJGKT TGURQPUGU WUGHWN
CALL FOR SUBMISSIONS 6JG 5CP $PVQPKQ 'GHGPFGT is always looking for content which serves to inspire, educate, and excite our membership. If you would like to contribute, please EQPVCEV C OGODGT QH VJG 'GHGPFGT UVCÖ
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President's Message Patricia Jay A pioneering female politician once said, “It’s not opinion polls that determine the outcome of elections, it’s votes in the ballot box.â€? With that in mind, I am pleased that SACDLA is able to continue working to inform our members about candidates for our local judiciary. It is the goal of the editorial board to continue to inform our members of our local candidates by way of publishing our judicial questionnaires and judicial polls. We all know that elections have EQPUGSWGPEGU VJCV CĂ–GEV VJG RGQRNG that we work tirelessly to represent and protect; therefore, making sure that we as defense lawyers are casting informed votes is an imperative part of the process. Ă— CUUWOGF VJKU QĂ”EG YKVJ CP GZEGNNGPV roster of board members who work tirelessly and diligently to continue to better this organization for our membership, and I would like to take this opportunity to extend my appreciation for all of those continuing to provide service to this organization. I would like to thank, Don Flanary, course director of the “Winning Trial Strategiesâ€? CLE held last month. Don did an excellent job planning the CLE was able to secure an excellent line
up of speakers. I would also like to thank our local defense lawyers, out of town presenters, and members who volunteered their time to present at the CLE. The continued support from TCDLA and Joseph Martinez, TCDLA executive director, is an integral part of our CLE program, and I am grateful that we continue to work together to provide quality education to our members. I began my presidency by seeking out members to form new committees in CP GĂ–QTV VQ UVTGPIVJGP CPF TGPGY VJG services provided by this organization. The members of our new editorial board have worked arduously on this issue of the Defender Magazine CPF HWVWTG KUUWGU KP CP GĂ–QTV VQ TG invigorate the Defender Magazine. I am looking forward to the great things this committee will do for our publication, they have done great things so far, and it can only get better. Our new CLE committee has been planning the future of our CLE programs and will soon be putting out a six-month line up of upcoming SACDLA CLE. Carl Robin Teague continues to oversee our SACDLA Mentor/Mentee program and you can read more about the program and how to participate, in this issue of the Defender.
I want to extend my congratulations to Raymond Martinez for winning the SACDLA Defender of the Year Award. Raymond Martinez will have an issue of the Defender Magazine dedicated to his decades of hard work as criminal defense lawyer, coming out later this year. Congratulations are also in order for fellow SACDLA Board Member, Robert Barrera, for assuming his role as president of SABA. My term as President has almost reached its half-way point. I assumed this role as President with many goals for the upcoming year, to work towards bettering this organization for our OGODGTUJKR Ă— CO EQPĂ‘FGPV VJCV YKVJ the dedication demonstrated by our board members and our volunteer committees we will be successful in meeting those goals. I look forward to continue working towards those goals, and to learning from you, our membership, how to make this mighty organization even mightier.
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TWO ARE BETTER THAN ONE, BECAUSE THEY HAVE A GOOD REWARD FOR THEIR TOIL Bobby Barrera
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This Biblical quotation is reputed to be the origin of the common saying “There is strength in numbers”. SACDLA members are clear evidence of this premise as our organization was at one time, the largest criminal lawyer member association in Texas other than TCDLA. As it stands today, SACDLA is without a doubt the most comprehensively supportive volunteer groups that I have ever been a member of. Our commitment to each other through the “blog” is, in my opinion, without parallel in its instantaneous dissemination of information, questions, and most importantly, answers, which KPÒWGPEG CPF CÖGEV QWT FCKN[ RTCEVKEG of criminal law. This collective and immediate source of professional interaction and support is probably the reason SACDLA has such strength and success and is the main reason that I am proud to be a member. My recollection of the origin of this group was when I received a call from Mark Stevens about starting our “own” criminal law association separate and distinct from the SABA Criminal “Section”. Many of us who were around back in the late 90’s remember the original meeting and the discussion which centered around the fact that we, as “criminal” lawyers, were never well served, and in some instances, never well regarded, by the “civil bar” at SABA. Hence, we formed our own &TKOKPCN %CT CUUQEKCVKQP VQ HWNÑNN VJGUG needs and the demands for a more service related organization for our members. Thereafter, and regrettably in my opinion, the chasm widened and the cooperation between SACDLA and SABA began to diminish to the point of near revolution several years ago. While I don’t agree with some of the membership that SABA is anticriminal lawyer, I know that the lack of recognition and ignorance of the needs of criminal lawyering played a big part in the rift.
After having practiced in this community for over 30 years as both a member of SABA and a member of SACDLA since its inception, I can say that I am well aware of the above opinions and the rationale therefore. This year, as President of SABA, it is my goal and desire to do whatever I can to bring these two great organizations to a position of mutual respect, trust, and cooperation for the DGPGÑV QH CNN QH WU CU OGODGTU QH VJG bar. While they may both continue to exist without each other BOTH organizations are stronger together than they are apart. I am, as you most of you are, a solo practitioner whose primary practice is criminal law. Like you, my membership in SACDLA is founded upon a dedication to improving the core concepts of the protection of the Constitution and the citizenry from overbearing, politically motivated judges, prosecutors and law enforcement personnel. This year, as a result of my position with SABA, I have an opportunity to aid both organizations with membership, services, and the UVTGPIVJ VJCV EQOGU YKVJ C WPKÑGF XKUKQP and purpose. But I need your help as a SACDLA member to move forward with some projects which I feel will greatly serve not only the SACDLA membership, but those who we serve everyday—our citizens accused. When I ask criminal lawyers, “Why aren’t you a member of SABA?”, the most common, if not the only response is, “What can they do for me?” Well, I am asking you now, as a member of SACDLA, “What CAN SABA do for you?” What can SABA do or provide you that would make you feel that it is a DGPGÑV VQ DG C OGODGT QH VJKU ITGCV organization? I promise you that I will do my best not only to listen, but to implement changes which will help SABA provide the kind of service which will help you achieve your professional goals.
Some of my goals as President, while they may ultimately be unattainable, will only be achieved through the LQKPV GÖQTVU QH DQVJ 5$%$ YKVJ KVU RQNKVKECN CPF ÑPCPEKCN OWUENG CPF the membership of SACDLA, with its strong and united voice. I would like to see in OUR future: 1) The creation of a conference room area for criminal attorneys and our clients (I have already picked a location and am working on this project now); 2) The creation of a partnership with the District Clerk and County Clerk that allows us to get free copies of criminal case documents from the clerks in the court chambers OR the placement of a SACDLA copier that would be available only to SACDLA members and located in the Justice Center; 3) The creation of a SABA Indigence Committee from which Civil ÑTOU YKVJ TGUGCTEJ UVCÖ YQWNF DG available on a case by case basis to aid in researching material legal issues for Capital and Actual Innocence cases; and neither last nor least, urge both the State Bar of Texas and SABA to recognize the dedication, contributions and accomplishments of deserving Criminal Lawyers in Bexar County and across the State. In accomplishing or attempting to achieve these goals through the EQODKPGF GÖQTVU QH DQVJ 5$%$ CPF SACDLA I know that we can create a better professional, social, and service oriented atmosphere which will make both our organizations stronger and more rewarding to our membership. While many of us are “solo hunters” at heart, logically we know that we have a stronger voice against the bureaucracy which we know controls the courthouse. My email is bobbybarreralaw@ gmail.com. Let’s work together and make some things happen in OUR courthouse!
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HOW TO GET THE JUDGE TO GRANT YOUR MOTION OR
DON’T PUT YOUR MONKEY ON THE JUDGE’S BACK ,WFIG ,GÖGTUQP /QQTG th District Court
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Motions are essential to any criminal law practice. Through a motion you communicate with the judge and persuade him or her to do what you want for your case.
Part One: Understanding the Judge’s Document Load—Your Motion Competes with Many Other Documents
Everyone wants to have his or her motion granted, but some motions have a much better chance of being granted than others. I believe there is such a thing as the “perfect� motion; one that is granted after a quick review. This is true even for complicated issues.
Realize that your motion competes with all sorts of other documents. Everyday there are numerous documents judges have to read. These documents come from all types of agencies or stakeholders. And all of them want a decision from the judge.
Then there are those “otherâ€? motions that judges loathe. These motions are hard to read; have odd formats; have mistakes; lack necessary information (or have too much irrelevant information); or, have proposed orders that are useless. These “otherâ€? or imperfect motions cause the judge to put the motion down for one of four reasons: 1. To look up information not contained in the motion. 2. To re-read the motion at a later time to decipher it. 3. To correct incorrect information. 4. To re-write the proposed order (or have you re-write it). Whenever you cause the judge to set down your motion for any reason, you have put your monkey on the judge’s back. Judges don’t like having monkeys on their backs; much less your monkeys that you dumped on them with a poorly drafted motion and order. The sooner you understand how to draft motions and orders that are not put down for any reason, the more likely your motions will have success. I wrote this article to assist you in drafting motions and proposed orders that are signed without a Ă’KPEJ HTQO VJG LWFIG Ă— JCXG VJKU RCRGT KP VJTGG RCTVU 1. How your motion competes with other documents. 2. Tips on the motions. 3. Tips on proposed orders.
I cataloged the types of documents a criminal district judge NQQMU CV GXGT[FC[ CPF VJGTG CTG FKĂ–GTGPV V[RGU QH FQEWOGPVU passing over our desks at any one time...CPF CNQPI EQOGU [QWT OQVKQP Ă—H YG JCXG VQ URGPF VKOG TGCFKPI [QWT OQVKQP VQ Ă‘IWTG QWV YJCV you are asking, then you might not get the desired result. You don’t want the judge to say, “I’ll take a look at this again later.â€? Once it is out of sight, it is out of mind. If we have to stop reading because it is poorly drafted in any way, it will lose priority when we have to return to the bench, take a phone call, visit with a lawyer on an issue, confer with the ENGTMÆU QĂ”EG QP KVGOU GVE ;QW YCPV VQ YTKVG UQOGVJKPI VJCV tells the judge right away what you want and why the judge should grant it.
Part Two: The Motion Elements of a Good Motion A good motion contains the following elements: 1. Gets to the point. 2. Is easy to read (in other words, uses plain English). 3. Is formatted correctly and intelligently. 4. Has the correct cause numbers, names, court numbers, correct cites, etc. ×PGÖGEVKXG /QVKQPU ×PGÖGEVKXG OQVKQPU VJCV × UGG JCXG UGXGTCN EQOOQP EQORQPGPVU VJCV TGPFGT VJGO FKÔEWNV HQT C LWFIG VQ OCMG C speedy and favorable decision. These components are: 1. Obscure and murky requests (We can’t determine what you want).
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2. Too little information. 3. Too much information that is irrelevant. 4. Incorrect information (wrong names, cause numbers, court numbers, cites, etc). The good motions allow the judge to review and make a decision on the spot. The bad motions require the judge to put the motion down and pick it up later (and it might not ever get picked up again). The solution? Don’t put your monkey on the judge’s back and make him or her track down information or correct your mistakes. Don’t make him or her put down your motion for any reason. Have a motion that gets to the point, is easy to read and has all the relevant information with correct cites. Tell Us What You Want: Get to the Point Tell us what you want. It sounds elementary, but I can’t tell you JQY OCP[ VKOGU Ă— TGCF C OQVKQP CPF ECPÆV Ă‘IWTG QWV YJCV Ă— CO being asked to do until I am in the middle of the second page. For instance, I’ll get a “Motion in Limineâ€? that does not tell me YKVJKP VJG Ă‘TUV UGPVGPEG VJG Ă‘TUV RCTCITCRJ QT GXGP VJG Ă‘TUV page what it is that the lawyer wants to keep out at trial. Get to the point. I should be able to know what you are requesting YKVJKP VJG Ă‘TUV VYQ UGPVGPEGU QT NGUU When I was in the Army, they emphasized to “put the bottom NKPG WR HTQPV É 5QOGVKOGU [QWPI QĂ”EGTU YQWNF YTKVG memoranda or emails that droned on for a bit before getting to the matter at hand. We were taught the acronym BLUF (Bottom Line Up Front). We had to ask ourselves, “What do you want the recipient of the memoranda to know or do? I.e., what’s the bottom line of your memorandum? Put that up front. BLUF.â€? Consider using the BLUF idea for your motions. Tell the judge up front what you want and then list the reasons, law, issues, etc., afterwards. It is so much more helpful for the judge to plow VJTQWIJ [QWT OQVKQP KH JG UJG MPQYU YJ[ [QW CTG Ă‘NKPI VJG OQVKQP KP VJG Ă‘TUV RNCEG Make it Easy to Read: Use plain English Quit using the banal formal introduction of a motion. Lay out the request in plain English. Which sentence below would you rather read? “The Defendant requests the Court to suppress a photographic line-up.â€? or “TO THE HONORABLE COURT: NOW COMES John Doe,
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DEFENDANT in the above styled and numbered cause (hereinafter “Defendantâ€?), by the undersigned counsel- attorney of record, and would, pursuant to Article 123, Texas Code of Criminal Procedure, and the authority of 7PKVGF 5VCVGU X 5JOQG, 111 U.S. 23, ____S.Ct.___. ___ L.Ed. 2d___ (2011), move this honorable court to designate a time and place for a hearing to determine the admissibility, or the suppression QH C RJQVQITCRJKE KFGPVKĂ‘ECVKQP EQPFWEVGF KNNGICNN[ CPF CXGTU VJCV UCKF KFGPVKĂ‘ECVKQP KU KP XKQNCVKQP QH VJG 'GHGPFCPVÆU constitutional rights under both the United States and Texas constitutions.â€? Ugh! Making your motion sound complicated does not make it meritorious. The old style formal language of litigation needs a quick and merciless death. It is not “magicâ€? language. The judge isn’t going to deny your motion if it skips the old style introduction. Judges don’t search for omissions of language and then declare that such omission is fatal to the motion. The judge is not going to deny a motion because it did not have enough “hereinafters,â€? “heretofores,â€? “avers,â€? “KPHTCâ€? or “UWRTCâ€? words it in. Tell us what you want, why you want it, and what supports your position. Keep it simple. Write your motions as if you were appealing to an 8th grader who needs it spelled out for him or her. &QTTGEV CPF Ă—PVGNNKIGPV )QTOCV It should go without saying: the easy-to-grant-motion is in proper format. Not only is the format properly employed, but it is also intelligently laid out. By “intelligentâ€? lay out I mean consideration of titles, headers, and signature lines. Titles of the motion should be easy to read and make sense. Instead of a bland “Motion in Limineâ€? title, tell the judge what you want to omit for the trial in the title itself. Change it to read, “Motion in Limine- Gruesome Photographs.â€? +GCFGTU CTG DCUKECNN[ UWDVKVNGU HQT FKĂ–GTGPV RCTVU QH VJG OQVKQPU and they too should be simple, easy to read and make sense. I recommend using headers in motions as they highlight for the LWFIG VJG FKĂ–GTGPV RCTVU QH [QWT OQVKQP %WV VJG RQUKVKQP QH VJG JGCFGT UJQWNF DG TGXKGYGF DGHQTG [QW Ă‘NG VJG OQVKQP Ă— UGG headers at the bottom of a page and the text at the top of the next page. Take a minute to marry up the two. Always format the proposed order as a separate document on a separate page with the cause number and style and the word ORDER prominently displayed (more on why this is important in the next section of this paper regarding Proposed Orders). 9JCV VQ FQ CDQWV NKUVKPI C UGTKGU QH FCVGU QT QĂ–GPUGU QT whatever? The ideal way to do that is to make it easy on the eyes to follow your list. Use bullet points or indent the listed items. I have seen “listsâ€? that are in sentence form that take up most of the page. No one can read sentences like that.
For instance, prosecutors oftentimes like to raise bonds on defendants who continue to be arrested for newer crimes. What is easier for you to read?
to Disney World and then learns the case is a 20 count Super Aggravated Sexual Assault of a Child indictment. You will lose your credibility with the judge for that case (and maybe forever).
“The Defendant was arrested for the following:
And if there are punishment enhancements in the indictment, you should state in your motion that those exist as well. A DWI +CDKVWCN KU IQKPI VQ IGV C FKĂ–GTGPV TGXKGY HTQO VJG LWFIG VJCP a “trueâ€? DWI-3.
March 12, 2014 May 30, 2014 January 1, 2015
DWI ABI FAM Theft�
or “The Defendant was arrested on March 12, 2014 for driving while intoxicated, then on May 30, 2014 for assault bodily injuryfamily, before his latest arrest on January 1, 2015 for Theft.â€? (CEJ RCTCITCRJ CDQXG JCU VJG UCOG KPHQTOCVKQP DWV VJG Ă‘TUV one is easier to read than the run on sentence in the second paragraph. I don’t know any judge who is going to deny a motion simply because the author did not use sentences throughout. If it makes sense to use a chart or a list, then do so. Too Little Information To get the judge to grant your motion, you need to give him or her enough relevant information to make a decision. If you do not give the judge the information he needs to make an informed decision, you are essentially requiring the judge to go track that information down himself. In other words, you are putting a monkey on the judge’s back. Here is an example: I get requests all the time for travel permits. You want to know what information is missing from most of VJGUG OQVKQPU" 6JG QĂ–GPUG 0QYJGTG KU KV UVCVGF KP VJG OQVKQP Consider if YOU were supposed to make a decision on whether to grant a travel request out of state, or even across the border. 9QWNFPÆV [QW YCPV VQ MPQY KH VJG QĂ–GPUG HQT VJG ECUG KU C FTWI possession or a murder? I recommend that you CNYC[U NKUV VJG QĂ–GPUG KP [QWT OQVKQPU PQ OCVVGT VJG V[RG QH OQVKQP [QW CTG Ă‘NKPI Ă—V IKXGU VJG LWFIG CP idea of the level of case he is making a decision on. If you are a criminal defense attorney, I can understand the reluctance to list such bad things about your client in the motion, but you will get more favorable attention by the judge KH [QW CTG WRHTQPV KP [QWT OQVKQP .KUVKPI C ĂˆDCFÉ QĂ–GPUG QP C motion does not mean the judge is going to automatically deny it. Consider that if you do not list the bad things about your client, then the judge will likely believe that you are trying to hide it from the judge. That strategy never goes well and the judge is more inclined to deny the motion outright. Envision a scenario where a judge gets a travel request to go
There are other things that are important to a judge that you should list in particular motions. For instance, in a Motion to Continue, you should list how many settings the case has. Ă—H KV KU [QWT Ă‘TUV EQPVKPWCPEG TGSWGUV OQUV LWFIGU CTG IQKPI VQ grant it with little thought. But, if you omit how many settings the case has had, the judge is going to have to set down the OQVKQP VQ Ă‘IWTG VJCV QWV CPF [QW JCXG CICKP RWV [QWT OQPMG[ on the judge’s back). If you omitted that the case is on its umpteenth setting, the judge is going to look askance at your request. It seems that you were trying to hide that fact. Have you conferred with the opposing party as to whether there is an agreement? Even if there is opposition, that does not mean the judge will automatically deny your motion. But you should at least let the judge know the other side’s position. If the opposing party’s position is not listed, you run the risk of VJG LWFIG RWVVKPI [QWT OQVKQP FQYP VQ IQ Ă‘PF QWV Does your case have co-defendants? You should let the LWFIG MPQY KH VJGTG CTG EQ FGHGPFCPVU /CP[ ECUGU CTG Ă‘NGF separately even though they could be listed with sequenced alpha designators (The “Aâ€? case, the “Bâ€? case, the “Câ€? case, etc.). Don’t assume that the judge knows co-defendants exist. Decide if it is important to let the judge know the status of the co-defendants in relation to your motion. Have they all pleaded out already? Have their motions to suppress already been granted? Or denied? Are they fugitives? You get the point. A request for an investigator on a murder case is likely to be granted without a thought. A request for an investigator on a low-level drug possession case is unusual. Tell me why you need an investigator for that type of case. Whatever your motion concerns, anticipate what information the judge needs to act on it quickly and decisively. ×ÆNN GORJCUK\G CICKP CNYC[U NKUV VJG QĂ–GPUG KP VJG OQVKQP $ judge needs to know what kind of case he or she is dealing with. 6QQ /WEJ Ă—PHQTOCVKQP There are times when the motions have too much information. Not all information is relevant to a motion. There are motions that drone on and on about the details of a case that have nothing to do with the request itself.
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For instance, I’ve seen motions requesting the appointment of an expert. That is a pretty simple request, but the introduction to the motion recites in detail the procedural history of the case. I don’t need to know dates of prior settings unless that is somehow relevant to the expert request. Yet, on a motion to dismiss for speedy trial violation, I will need the procedural history. So tailor the information that is necessary for a decision on that particular motion. ×PEQTTGEV ×PHQTOCVKQP It goes without saying that your motion should be accurate, but I see motions all the time with incorrect cause numbers, incorrect court numbers, and even incorrect names of the defendants. I have also read motions where the accompanying proposed order does not match at all. For instance, the motion asks for hearing on a suppression issue, but the order is to reduce the bond. I have motions with a caption for one defendant, but the entire motion is for another. Or the title of the motion is for one thing, but the body of the motion is for something else. Oftentimes, a statute is cited and when I look up the statute (and why I am looking it up? You should recite or paraphrase the relevant part in the motion itself), it is not remotely connected to the motion’s request. What happens when you get it so totally wrong? You have put a monkey on the judge’s back. He or she has to put the motion FQYP CPF VT[ VQ ÑIWTG QWV YJCV [QW CEVWCNN[ YCPVGF $PF YJGP the monkey is on the judge’s back, the likelihood of getting the motion denied increases. Just sayin’...
Part Three: The Order The Proposed Order All the time I see proposed orders that violate the “monkeyâ€? rule. I have seen great motions with totally useless proposed orders attached. A motion and proposed order go hand in hand. You may have a great motion, but if the order is so FGĂ‘EKGPV VJCV VJG LWFIG JCU VQ RWV KV FQYP VQ Ă‘Z KV QT JCXG [QW Ă‘Z KV VJGP [QWT GĂ–QTVU CTG HQT PCWIJV /QUV QH VJG VKOG VJG QTFGTU CTG PQV URGEKĂ‘E GPQWIJ CPF OKUU too many details. Don’t make a judge rewrite or write from scratch your proposed order. Draft a proposed order that is clear as to what the judge is granting. Elements of a Good Proposed Order Here are things a proposed order should have or be: 1. A separate document from the motion
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itself. (See below as to why this is important) 2. Proper style and caption. 3. Correct name, cause number, and court number. 4. The word “Orderâ€? is prominently displayed.1 5. 5RGEKĂ‘EU CU VQ YJCV [QW YCPV ITCPVGF 6. 'CVG NKPG VQ DG Ă‘NNGF KP by the judge or clerk). 7. Signature line (a nice feature is to print out the judge’s name too, but that is not required). 6JG 1TFGT KU 'GĂ‘EKGPV The worst type of order I see is one that simply and only states, “The motion in all things is grantedâ€? (or something similar). I won’t sign orders like this. Here’s why: 6JG ENGTMÆU QĂ”EG UGRCTCVGU UKIPGF QTFGTU HTQO VJG OQVKQPU themselves (hence the order should be its own document separate from the motion). They track the signed orders as a distinct class of documents. All orders are logged into the clerk’s volumes of orders. Other documents (such as the motions themselves) are not tracked this way. Oftentimes, these orders are not re-attached to the motions. )TQO GZRGTKGPEG Ă— MPQY VJCV YJGP Ă— TGXKGY QNFGT Ă‘NGU Ă— UGG CNN the time orders that simply state, “The motion in all things is granted,â€? but I do not know which motion the orders pertains. Of course, when I’m presented a proposed order that states, Ăˆ6JG OQVKQP KU ITCPVGF KP CNN VJKPIU É Ă— EQWNF YTKVG QWV C URGEKĂ‘E order that comports to your request, but by making me (or any other judge) do that, your monkey is now on my back. Specify what you want in your proposed order. If not, then it is easier for a judge to either deny or not act on your motion. 5VCVG KV 5WEEKPEVN[ *GV VQ VJG RQKPV 2TGVGPF [QW CTG NQQMKPI CV VJG QTFGT HQT VJG Ă‘TUV time without the accompanying motion. Would you be able to determine what is being ordered by just looking at the order alone? Hand your proposed order to a colleague and ask if he/she can state to you accurately what is being ordered. If not, then you need to add better language to the order.
Format for a Proposed Order The best plan is to have the order on one page. If, however, the order has to run onto a second or multiple pages, then consider the following format issues. Think about where you place judge’s signature line. The primary format error I see for proposed orders is where the judge’s signature line is on a separate page, sometimes all by itself.
JCU QXGT [GCTU QH GZRGTKGPEG KP VJG NGICN Ă‘GNF YKVJ QXGT criminal trials in Federal, state and military courts as well as 31 trials (and counting) as a presiding district judge. --1
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I won’t sign such documents, as I believe those are “blank checks.â€? That signed page could later be attached to CP[VJKPI. Would you sign a blank page? That is what you are essentially asking a judge to do when you have the signature line on a page all by itself. Sometimes I see orders where the signature line may be accompanied by text from the order, but not enough. By that I mean there is not enough text to convey what the signature is ordering and therefore is tantamount to a blank check. The better practice is to not only have enough text with the signature line, but to have the cause number and style of the case on the signature page too. Remember, the paper can get UGRCTCVGF YJGP VJG ENGTMÆU QĂ”EG RTQEGUUGU VJG QTFGT 9JGP the case gets old (maybe years later), other people are going VQ JCXG VQ Ă‘IWTG QWV YJCV VJCV UKIPCVWTG YCU UWRRQUGF VQ DG attached to. Grant or Deny Options Oftentimes, lawyers will give the judge a choice to grant or deny the motion by drafting the option into the proposed order. This is a good plan, but if you are going to do it, be sure the selection is obvious. Frequently, the “grant/denyâ€? choice is embedded in a sentence within the order. And just as frequently, this choice is missed and the judge circles neither choice. If you are going to give the judge a choice to grant or deny the motion, make it obvious by highlighting it in some way. You can boldface it or you can center it in the middle of the page all by itself, or both. Just make sure it is easy to see and read. ;GCTU NCVGT CP QTFGT [QW FTCHVGF OC[ OCMG C JWIG FKĂ–GTGPEG KP the case. Make it easy for the judge, clerk, or lawyer who in the future has to review the case and spell out in the order exactly what you want done. &QPENWUKQP Don’t monkey around with your motions. Draft them and proposed orders in such a way that the judge is nearly compelled to grant them for you. You’ll be pleased with the results if you take a little more time to perfect your motions and orders. Military veteran, former prosecutor and an attorney in private RTCEVKEG ,WFIG ,GĂ–GTUQP /QQTG KU VJG RTGUKFKPI LWFIG HQT VJG 186th District Court for the State of Texas in Bexar County. He
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TEN CASES EVERY DEFENSE LAWYER SHOULD KNOW ,WFIG ,CUQP 2WNNKCO th Court of Appeals
Representing individuals accused of crimes can be a challenge for the most seasoned criminal defense attorney. That challenge can be particularly FKÔEWNV HQT PGYGT OGODGTU QH VJG criminal defense bar. The following are summaries of important cases a new practitioner may want to know as he or she initiates representation of a citizen charged with a crime. Lawyers must become familiar with the substantive criminal law, procedural law (Texas Code of Criminal Procedure), and evidentiary rules that apply in criminal cases. 1 Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009). The Sixth Amendment to the United States Constitution, made applicable to the states via the
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Fourteenth Amendment, provides that in all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him. Luis Melendez-Diaz was charged with FKUVTKDWVKPI EQECKPG CPF VTCÔEMKPI KP cocaine. At his trial, the prosecution submitted into evidence three EGTVKÑECVGU QH CPCN[UKU YJKEJ UJQYGF the results of the forensic analysis performed on the substances seized when Melendez-Diaz was arrested. The actual analysts did not testify and were not subject to cross examination. Melendez-Diaz objected to the CFOKUUKQP QH VJG EGTVKÑECVGU DCUGF upon a violation of the Confrontation Clause. The Court determined that the documents admitted by the state were CÔFCXKVU CPF VJGTGHQTG VGUVKOQPKCN KP nature. The Confrontation Clause is
implicated when statements contained in documents are determined to be VGUVKOQPKCN Ăƒ FGRQUKVKQPU CĂ”FCXKVU QT prior testimony. Here, the court likened VJG EGTVKĂ‘ECVGU VQ CĂ”FCXKVU YJKEJ CTG declarations of facts written down and sworn to by the declarant before an QĂ”EGT CWVJQTK\GF VQ CFOKPKUVGT QCVJU The Court held, pursuant to the Sixth Amendment’s Confrontation Clause, that Melendez-Diaz had a right to be confronted with the witnesses against him. 2 Bullcoming v. New Mexico, 564 U.S. 647 (2011). The Sixth Amendment’s Confrontation Clause does not permit the prosecution to introduce a forensic laboratory report containing
C VGUVKOQPKCN EGTVKÑECVKQP OCFG KP order to prove a fact at a criminal trial, through the in-court testimony of an CPCN[UV YJQ FKF PQV UKIP VJG EGTVKÑECVKQP or personally perform the test reported KP VJG EGTVKÑECVKQP 6JG CEEWUGFÆU TKIJV is to be confronted with the analyst YJQ OCFG VJG EGTVKÑECVKQP WPNGUU VJCV analyst is unavailable at trial, and the accused had an opportunity, pretrial, to cross-examine that particular scientist. 3 State v. Villarreal, 475 S.W.3d 784 (Tex. Crim.App. 2015). A nonconsensual search of a DWI suspect’s blood conducted pursuant to the mandatory blood draw and implied consent provisions in the Transportation Code, when undertaken in the absence of a
warrant or any applicable exception to the warrant requirement, violates the Fourth Amendment.
cases. Exigency must be determined case by case based on the totality of the circumstances.
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Missouri v. McNeely, 133 S.Ct. 1552 (2013). The Court determined whether the natural metabolization of alcohol in the bloodstream presented a per se exigency that, taken on its own, would UWÔEG VQ LWUVKH[ CP GZEGRVKQP VQ VJG warrant requirement for nonconsensual blood testing in all driving while intoxicated cases. The Court stated that the natural metabolization of alcohol in the bloodstream does not present a per UG GZKIGPE[ VJCV LWUVKÑGU CP GZEGRVKQP VQ the Fourth Amendment’s search warrant requirement for nonconsensual blood testing in all driving while intoxicated
Emerson v. State, 880 S.W.2d 759 (Tex. Crim.App. 1994). A case involving the reliability of the theory and technique regarding the Horizontal Gaze Nystagmus test (HGN) as an indicator of intoxication. HGN is part of the battery of standardized tests used by law enforcement as an indicator of intoxication in driving while intoxicated cases. The test is normally administered CHVGT CP QÔEGT JCU UVQRRGF QT FGVCKPGF a motorist (which requires reasonable suspicion) and prior to arrest (which requires probable cause). The three standardized tests in a DWI context
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are the HGN test, the walk and turn, and the one leg stand. The Texas Court of Criminal Appeals held that the theory underlying the HGN test is UWÔEKGPVN[ TGNKCDNG RWTUWCPV VQ 6GZCU Rule of Evidence 702 (governing the admissibility of expert testimony). The court also determined that the technique employed in the HGN test, as designed and promoted by National +KIJYC[ 6TCÔE 5CHGV[ $FOKPKUVTCVKQP (NHTSA) is reliable pursuant to Rule 702. The court also determined the proper scope of the HGN test. A witness, WUWCNN[ VJG CTTGUVKPI QÔEGT OC[ not use the HGN test to quantify the defendant’s blood alcohol concentration (BAC). Therefore, the court decided VJCV VJG UEKGPVKÑE VJGQT[ DGJKPF VJG +*0 VGUV CPF VJG VGEJPKSWG QÔEGTU are to use in administering the test are reliable under Rule 702. The main inquiry in DWI cases in which the State seeks admission of the HGN test results KU YJGVJGT VJG QÔEGT HQNNQYGF VJG guidelines promulgated by NHTSA in administering the test to the defendant. 6 Schmerber v. California, 384 U.S. 757 (1966). The Court determined that (1) the warrant requirement applied generally to searches that intrude into the human body, and (2) absent an exception to the warrant requirement, a compelled blood draw was unconstitutional. 7 Weems v. State, 434 S.W.3d 655 (Tex. $RR 5CP $PVQPKQ CÖÆF D[ 2016 WL2997333) – Fourth Court of Appeals Case. The court held that the implied consent and mandatory blood draw statutes are not exceptions to the Fourth Amendment’s warrant requirement. 8 Padilla v. Kentucky, 559 U.S. 356 (2010). Mr. Padilla was a lawful permanent
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resident of the Untied States for over 40 years. He entered a guilty plea to drug distribution charges in Kentucky. Mr. Padilla was subject to deportation as a consequence of his conviction. Mr. Padilla challenged his conviction based QP CP CNNGICVKQP JG TGEGKXGF KPGÖGEVKXG assistance of counsel under the Sixth $OGPFOGPVÆU IWCTCPVGG QH GÖGEVKXG assistance of counsel. He alleged his lawyer failed to inform him of the immigration consequences of his plea CPF URGEKÑECNN[ VQNF JKO JG FKF PQV JCXG to worry about immigration issues due to the length of time he lived in the United States. A defendant is entitled VQ VJG GÖGEVKXG CUUKUVCPEG QH EQORGVGPV
counsel before deciding to plead guilty VQ CP QÖGPUG 6JG &QWTV CRRNKGF the two-pronged test announced in Strickland v. Washington, 466 U.S. 668 (1984) (the United States Supreme Court case that established the standard to be used to determine whether a lawyer’s TGRTGUGPVCVKQP KU KPGÖGEVKXG $ NCY[GTÆU TGRTGUGPVCVKQP KU KPGÖGEVKXG KH KV HCNNU below the standard of reasonableness and there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding YQWNF JCXG DGGP FKÖGTGPV 6JG &QWTV held that counsel must inform his/her client whether the plea carries the risk of deportation. The decision of the
violated. The right attaches once a person becomes an accused – once he is arrested or charged. The four factors are (1) length of the delay; (2) reason for the delay; (3) assertion of the right; and (4) prejudice to the accused. In an appellate context, a reviewing court (like the Fourth Court of Appeals) applies a bifurcated standard of review: abuse of discretion standard for the factual components and a de novo standard for the legal components.
certain circumstances such as Article 38.22 and 38.23 of the Texas Code of Criminal Procedure. Young attorneys must also be mindful of privileges that may apply in certain cases. Lastly, counsel should have a clear understanding of their ethical duties regarding communication with the court and opposing counsel.
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Kentucky Supreme Court upholding Mr. Padilla’s conviction was reversed and the case was remanded to the state for further proceedings. 9 Barker v. Wingo, 407 U.S. 514 (1972). The Supreme Court established the test to be used to determine whether a defendant’s right to a speedy trial has been violated. The right to a speedy trial is guaranteed by the Sixth Amendment to the United States Constitution. The Court held that four factors are to be considered to determine whether a defendant’s right to a speedy has been
Batson v. Kentucky, 476 U.S. 79 (1986). The state may not use its peremptory challenges during jury selection to exclude jurors based on race. To do so would violate the Equal Protection Clause of the Fourteenth Amendment. Peremptory challenges allow a party in a case to strike a juror without a reason or cause to be shown. This is one type of challenge in a legal case. There are also challenges for cause. As the name implies, a reason or cause is given to strike or remove the juror. The Court established a framework for trial courts to follow when a defendant makes a claim that the state has engaged in purposeful discrimination by excluding certain jurors based on race. First, the defendant must show that he/ she is a member of a cognizable racial group. Second, the burden shifts to the state to come forward with a neutral explanation for challenging the jurors. Third, the court determines whether the defendant has proven purposeful discrimination. Review of these cases should be the starting point in a new lawyer’s research of the law the may be helpful KP RTQXKFKPI GÖGEVKXG TGRTGUGPVCVKQP to a client. Counsel should also review case law from their federal circuit and state intermediate appellate court for precedent that may be unique in Texas or a particular region within the State of Texas. Lawyers should also become aware of state statutory provisions that OC[ QÖGT RTQVGEVKQP VQ VJGKT ENKGPVU KP
,WUVKEG ,CUQP 2WNNKCO UGTXGU QP VJG )QWTVJ &QWTV QH $RRGCNU KP 5CP $PVQPKQ 6GZCU *QXGTPQT 4KEM 2GTT[ CRRQKPVGF ,WUVKEG 2WNNKCO VQ VJG )QWTVJ &QWTV QP ,CPWCT[ 2TKQT VQ UGTXKPI QP VJG EQWTV QH CRRGCNU ,WUVKEG 2WNNKCO YCU ,WFIG QH %GZCT &QWPV[ &QWPV[ &QWTV CV .CY 0Q HTQO $U ,WFIG QH &QWPV[ &QWTV CV .CY 0Q ,WUVKEG 2WNNKCO JCPFNGF ETKOKPCN ECUGU UWEJ CU 'TKXKPI 9JKNG ×PVQZKECVGF $UUCWNV 6JGHV 2QUUGUUKQP QH /CTKLWCPC CPF QVJGT XKQNCVKQPU QH VJG 6GZCU 2GPCN &QFG ,WUVKEG 2WNNKCO CNUQ RTGUKFGF QXGT EKXKN ECUGU YKVJ C OCZKOWO LWTKUFKEVKQPCN NKOKV QH ,WUVKEG 2WNNKCO OCFG &QWPV[ &QWTV 0Q CXCKNCDNG VQ JGCT OCVVGTU HTQO VJG &KXKN 'KUVTKEV &QWTV 2TGUKFKPI U[UVGO VQ CUUKUV VJG 'KUVTKEV &QWTV ,WFIGU YKVJ ECUGU 2TKQT VQ JKU UGTXKEG QP VJG DGPEJ ,WUVKEG 2WNNKCO YQTMGF HQT 9KNNKCO È%KNNÉ )QTF CV VJG NCY ÑTOU QH %CNN 9GGF 2 & CPF )QTF /CUUG[ 2 & ,WUVKEG 2WNNKCO CNUQ UGTXGF CU C ,$* QT OKNKVCT[ NCY[GT KP VJG 7PKVGF 5VCVGU /CTKPG &QTRU HTQO ×P JG YCU VJG TGEKRKGPV QH VJG (CUVGTP 4GIKQP 'GHGPUG &QWPUGN QH VJG ;GCT CYCTF ,WUVKEG 2WNNKCO ITCFWCVGF HTQO 6GZCU 5QWVJGTP 7PKXGTUKV[ÆU 6JWTIQQF /CTUJCNN 5EJQQN QH .CY YKVJ JQPQTU +G UGTXGF CU C UGPKQT UVCÖ OGODGT QP VJG UEJQQNÆU NCY TGXKGY +G GCTPGF C % $ CPF / $ KP 2QNKVKECN 5EKGPEG HTQO %TQQMN[P &QNNGIG
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THE MENTORING PROGRAM OF THE SAN ANTONIO CRIMINAL DEFENSE LAWYERS ASSOCIATION Carl Robin Teague
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We all have been mentees, and UQOGVKOGU OGPVQTU CV VJG UCOG VKOG a Mentoring happens every time I call or meet with my long time mentor Rusty *W[GT a1T YJGP × JCXG C DGGT YKVJ 2JKN %Q\\Q ,T CPF VJG ICPI a× ECPÆV VGNN [QW JQY DGPGÑEKCN OGPVQTKPI JCU DGGP HQT me, starting as a baby lawyer in 1973, and continuing today, especially in my practice as an appointed lawyer in federal felony and misdemeanor cases. The SACDLA mentoring program was started as a result of my 3 years’ experience as the chair of the SABA mentoring program. The SABA program is based on the Transition to Practice Program, started by the State Bar of Texas during the summer of 2009. During a SACDLA board meeting several years ago, I mentioned that SACDLA UJQWNF EQPUKFGT C OGPVQTKPI RTQITCO a What happened when I opened my big mouth? Of course I was selected to create and manage it! Many of you have seen my emails to the membership about the SACDLA mentoring program. We encourage you to become a mentor or to request a mentor, if you want to be C OGPVGG a2QVGPVKCN OGPVGGU ÑPF out about the program in several ways. One way is through a referral by another lawyer who knows about VJG RTQITCO a $PQVJGT KU VJTQWIJ C mentee who has found the program to DG DGPGÑEKCN × JCXG TGEGKXGF TGHGTTCNU from trial judges who think a young NCY[GT PGGFU OGPVQTKPI a5QOGVKOGU there is an ethical issue. Or one of professionalism. With some of my email messages, I send mentor and new mentee information forms. I send the new mentee form to every applicant. The mentor form is sent
only to those potential mentors that I FQPÆV MPQY a 'QPÆV YCPV VQ QÖGPF VJQUG who have the experience!) I ask that new mentees send the completed form to me along with an email message about themselves, because the form provides only basic, limited information. Sometimes I will follow up with new mentees and ask that they send to me more information about themselves. I provide to potential mentors all of the information received from the mentee. With that information, I ask if the potential mentor would like to be the mentor for the new mentee. No one has turned me down. Thank you. Potential mentors are selected at random. There is no science to the selection. Sometimes a new mentee YKNN CUM HQT C URGEKÑE OGPVQT CPF × YKNN VT[ VQ OCVEJ CEEQTFKPIN[ a5QOGVKOGU the mentoring relationship works, sometimes it does not. I think the main reason a relationship does not work is that some mentors are not responsive to mentees, just like some of us are not as responsive to our clients as we would like to be. But sometimes mentees are not responsive to mentors. I have changed mentors when a mentee requests a new mentor. Sometimes OGPVQTU CTG FTQRRGF HTQO VJG NKUV a
and SBOT programs on the other are that the State Bar’s program is quite formal, actually requiring a written agreement between the mentee and the program sponsor. I just can’t imagine a successful program being that formal. The SABA program started out that way, and evolved into a program about as informal as the SACDLA program. The 5$&'.$ RTQITCO KU KP VYQ RCTVU a%NCMGN[ Mohr manages the other part, which is the group CLE program especially for young or inexperienced lawyers. I manage the one on one program. The manager/chair of the SABA program is supposed to manage both the group and one on one programs. Another FKÖGTGPEG KU VJCV UQOG RTQITCOU JCXG an enrollment period, for example from September to January, kind of like GPTQNNOGPV RGTKQFU HQT JGCNVJ KPUWTCPEG a Enrollment in our program is year TQWPF LWUV NKMG 5$%$ÆU RTQITCO a6JGTG KU CV NGCUV CPQVJGT FKÖGTGPEG a5$&'.$ JCU a list serve which provides mentoring for all of us. SATLA also has a list serve which provides mentoring, but it does not have a one on one program. Get involved. Send an email message to me or call me at (210) 222-1739 or my cell, (210) 827-9420.
Sometimes, by request, a mentor is added so that a mentee has two mentors. On occasion I have added a second mentor when the mentee wants to practice in state and federal court, an available mentor is a state court specialist, and there is an available federal court specialist, such as AFPD Alfredo Villarreal, who practices just in federal court. 6JG FKĂ–GTGPEGU DGVYGGP VJG 5$&'.$ program, on the one hand and the SABA
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2016 SADCLA Judicial Candidate Questionnaire
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175th Criminal District Court
Libby Wiedermann (R)
I What do you consider to be your view of proper judicial temperament? Please elaborate and discuss. Proper judicial temperament means showing respect to the parties and allowing each side a fair opportunity to present their case and defend their position. I believe this can be done CPF UVKNN FKURQUG QH ECUGU KP CP GĂ”EKGPV manner. Proper judicial temperament is essential for the fair resolution of criminal matters. I have seen judges with a poor temperament bully prosecutors and defense attorneys into case resolutions, i.e. plea bargains or dismissals, not originally intended. As a result, cases that are prematurely FKUOKUUGF CTG QHVGP TGĂ‘NGF YJKEJ QPN[ further delays a fair disposition. A defendant that feels “forcedâ€? to enter into a plea bargain, may appeal their UGPVGPEG YJKEJ ECP CNUQ FGNC[ C Ă‘PCN resolution of a case. These tactics ultimately delay justice, increase the cost of justice, and result in unfair case resolutions. II What Justice of the Supreme Court of the United States (past or present) ĔÒŌ Ăúúĸ ŰĔú ĜłŌŰ Ä™Ä¸ĆŚĹ¸ĂşÄ¸Ĺ°Ä™Ă’Ä Ĺ°Ĺ‚ the development of your judicial philosophy? Please explain why. ,WUVKEG .QWKU %TCPFGKU JCU KPĂ’WGPEGF my legal philosophy and career more than any other Supreme Court ,WUVKEG 5RGEKĂ‘ECNN[ JKU XKGY VJCV KP addition to deciding cases based on legal precedents, cases should also be decided based on social needs, is something that I have thought about throughout my career as a prosecutor and as a defense attorney. For example, as a prosecutor, I considered this philosophy when deciding whether or not to pursue the prosecution of certain QĂ–GPUGU Ă—P UQOG ECUGU YJGTG Ă— JCF UWĂ”EKGPV GXKFGPEG VQ RTQXG VJCV CP
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QĂ–GPUG VQQM RNCEG Ă— FGEKFGF CICKPUV prosecution when I felt that justice would not be served by doing so and/ or that there would be no danger to the community by not prosecuting the CNNGIGF QĂ–GPFGT III žĔƗ Ă’Ĺ&#x;Ăş ƗłŸ ŌúúĪęĸÄ? ŰĔęŌ Ĺ‚ÄŒĆĽĂŽĂşČŹ I feel that running for judge of a criminal district court is a natural next step for me, after devoting most of my 20+ years as a lawyer to criminal prosecution and criminal defense work. Additionally, I have been encouraged by many of my legal peers to run for judge because of my experience trying cases, my knowledge of criminal law and how fairly and ethically I have practiced law. Ă— Ă‘TON[ DGNKGXG VJCV VJG ETKOKPCN LWUVKEG system cannot work unless judges have real work experience handling hundreds, if not thousands, of criminal cases, just as I have, before taking the bench. This experience should include trying all types of criminal cases to a jury, understanding procedural and evidentiary rules because of their own courtroom experience, and experience representing the State and Defendants in court matters and in trial. IV žĔÒŰ Ă’Ĺ&#x;Ăş ƗłŸĹ&#x; ŞŸÒÄęƼÎÒŰęłĸŌ Òĸô experience in dealing with criminal law matters? Please describe why you believe that you are in the most ŞŸÒÄęƼúô ÎÒĸôęôÒŰú ÄŒĹ‚Ĺ&#x; ŰĔú ĹœĂ’Ĺ&#x;ŰęΟÄĂ’Ĺ&#x; Ä§Ĺ¸Ă´Ä™ĂŽÄ™Ă’Ä Ĺ‚ÄŒĆĽĂŽĂş ŰĔÒŰ ƗłŸ Ă’Ĺ&#x;Ăş ŌúúĪęĸÄ?ČŹ I spent over a decade with the Bexar &QWPV[ ' $ ÆU 1Ă”EG YJGTG Ă— RTQUGEWVGF OKUFGOGCPQT CPF HGNQP[ NGXGN QĂ–GPUGU in adult and juvenile court. Most of my time as a D.A. was spent prosecuting HGNQP[ NGXGN HCOKN[ XKQNGPEG QĂ–GPUGU including capital murder, murder, sex crimes and other domestic violence QĂ–GPUGU 6JKU CĂ–QTFGF OG CP opportunity to handle thousands of HGNQP[ QĂ–GPUGU CPF VT[ OCP[ HGNQP[
cases to a jury. As a criminal defense attorney, I have also tried many felony NGXGN QĂ–GPUGU VQ C LWT[ QXGT VJG NCUV years. To date, I have handled almost 4000 adult criminal cases in Bexar County, and tried approximately 95-100 cases to a jury. I was also a criminal magistrate for 3 years. I believe I am the best candidate because of my work experience, my strong work ethic and my commitment to working every day in the felony courts, prosecuting felonies, defending felonies, and trying felony cases to a jury. V What do you consider to be the most ĹŚÄ™Ä?ĸęƼÎÒĸŰ ęŌŌŸúŌ ÄŒĂ’ĂŽÄ™Ä¸Ä? ŰĔú Ĺ&#x;Ä™ÄśÄ™Ä¸Ă’Ä Courts in Bexar County? What measures or changes (if any) do you believe could help improve the administration of justice within the criminal courts in Bexar County? I think the backlog of cases in some courts KU C UKIPKĂ‘ECPV RTQDNGO Ă— VJKPM some judges need to spend more time on the bench and some courts need to have regular afternoon dockets in order to decrease the backlog. VI žĔÒŰ Ă’Ĺ&#x;Ăş ŰĔú ĜłŌŰ ĹŚÄ™Ä?ĸęƼÎÒĸŰ ęŌŌŸúŌ ÄŒĂ’ĂŽÄ™Ä¸Ä? ŰĔú ĹŚĹœĂşĂŽÄ™ĆĽĂŽ łŸĹ&#x;Ĺ° ÄŒĹ‚Ĺ&#x; ƑĔęÎĔ ƗłŸ Ă’Ĺ&#x;Ăş ŌúúĪęĸÄ? Ĺ‚ÄŒĆĽĂŽĂşČŹ ŠÄúÒŌú describe what you plan to do (or have done) to address the issues ƗłŸ ęôúĸŰęƼúôȏ Ă— FQPÆV VJKPM VJGTG KU C UKIPKĂ‘ECPV RTQDNGO HCEKPI VJG VJ URGEKĂ‘ECNN[ DWV Ă— FQ VJKPM VJGTG KU C UKIPKĂ‘ECPV problem facing all the Bexar County courts and that problem is the pay scale for appointments and the fact that a lot of very skilled lawyers will not take appointments due to the low level of pay on these cases. I don’t think the pay scale needs across the board reform, DWV EGTVCKP V[RGU QH QĂ–GPUGU UWEJ CU sexual assault cases, should be paid at a higher rate.
VII What do you consider to be the most important distinction between you and your opponent in this coming election? Why are you the better candidate for this judicial position? I know that a higher pay scale for appointments is an issue that is periodically reviewed by the judges and proposed to the Commissioners. As a judge, I would advocate for a higher pay scale for certain types of appointed cases and an overall raise in the pay scale that is more in line with the increase in the cost of living. Additionally, I think a separate CRRQKPVOGPV ĂˆYJGGNÉ HQT UGZ QĂ–GPUGU with a higher pay rate may encourage some lawyers to take those types of appointed cases again. VIII What measures or changes could be made within the Bexar County Criminal Courts in order to improve the administration of justice? What are the greatest impediments to the implementation of such changes in úƖÒĹ&#x; łŸĸŰƗȏ ÄĹŚĹ‚ČŚ ĹœÄúÒŌú ĂĹ&#x;ęúƌƗ set forth what, if anything, would you do in the next four (4) years as a Judge to address these issues? The biggest distinction between me and my opponent is the amount of time and experience in felony court. As a prosecutor, I handled misdemeanors for a short period of time, but spent the majority of my years handling and VT[KPI HGNQP[ QĂ–GPUGU /[ QRRQPGPV NGHV VJG ' $ ÆU QĂ”EG CU C OKUFGOGCPQT prosecutor. Similarly, I have spent almost 9 years defending criminal clients, mostly in felony court, and trying XGT[ FKĂ”EWNV ECUGU OQUVN[ OWTFGT CPF sex assault cases, to a jury. Although my opponent was a district judge for 4 years, I was “in the trenchesâ€? handling and trying felony cases before she was a judge, while she was a judge and since she was a judge. Additionally, for the
last 3 and ½ years while my opponent has been out of the courtroom and working for the probation department, I have continued to handle and try all V[RGU QH HGNQP[ QĂ–GPUGU IX If have never been a county or district court Judge in Bexar County, why should the voters entrust ƗłŸ ƑęŰĔ ŰĔęŌ Ĺ‚ÄŒĆĽĂŽÄ™Ă’Ä ĹœĹ‚ĹŚÄ™Ĺ°Ä™Ĺ‚Ä¸ČŚ Òĸô what changes would you make to this Court if you were selected? Alternatively, for those with past judicial experience as an elected judge in Bexar County’s criminal courts, who no longer serve in that capacity, why should you be given another chance to be a criminal court Judge by voters? What, if anything will you do differently this time should you be elected? Lastly, for those who are presently serving as judges in the Bexar County Criminal Courts, what are you most proud of over the course of the last fourt (4) years, and why are you deserving of another four (4) year term? Judges need to be more accountable HQT VJG VKOG VJG[ URGPF QĂ– VJG DGPEJ Too many judges spend little time on the bench presiding over the matters VJG[ JCXG DGGP XQVGF KPVQ QĂ”EG VQ oversee, and spend a lot of time doing extra-curricular activities, taking care of personal matters, and attending non law-related activities. This is something that needs to be changed. I personally intend on making my job as a judge, if elected, my absolute priority every day, which means working mornings and afternoons, to make sure cases are heard in a timely manner. X Please name three non-lawyers who have inspired how you approach legal questions. The voters should entrust me with
VJKU QĂ”EKCN RQUKVKQP DGECWUG QH O[ strong work ethic and my commitment to working in the felony courts as a prosecutor and as a defense attorney. Everything I have done professionally up to this point has been preparing me for this position. As a prosecutor, a defense attorney, and a part-time criminal magistrate, I have had years of GZRGTKGPEG YQTMKPI KP FKĂ–GTGPV EQWTVU KP HTQPV QH FKĂ–GTGPV LWFIGU YQTMKPI YKVJ FKĂ–GTGPV EQWTV EQQTFKPCVQTU FKĂ–GTGPV RTQDCVKQP QĂ”EGTU CPF EQWTV UVCĂ– These experiences have given me a unique opportunity to see what works and what doesn’t work. It also should show the voters that I am committed to VJKU URGEKĂ‘E LQD, in VJKU URGEKĂ‘E V[RG QH court. XI What is your greatest legal accomplishment? What is your most ĹŚÄ™Ä?ĸęƼÎÒĸŰ ĹœĂşĹ&#x;ĹŚĹ‚Ä¸Ă’Ä Ă’ĂŽÄ”Ä™ĂşĆ?úĜúĸŰȏ What is one thing that people do not know about you, which you think would surprise them? The only non-lawyer that I can think QH VJCV JCU ĂˆKPĂ’WGPEGFÉ TCVJGT VJCP “inspiredâ€?) how I approach legal questions is my mother. She always encouraged me to:
1. to think before I speak (which I am not always good at doing, but I try); 2. to try to put myself in the other person’s shoes because you never know what someone else may be going through (so in the case of legal questions, I try to put myself in the shoes of my opposing counsel or presiding judge); and 3. be careful what you wish for because the grass is not always greener (so in the legal arena, sometimes the answer you want or relief you argue for may not always be better for your client or legal position) EQPVKPWGF QP R
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175th Criminal District Court
Catherine Torres-Stahl (D)
I What do you consider to be your view of proper judicial temperament? Please elaborate and discuss. Proper judicial temperament is one of the most important factors in a judge handling their responsibilities. A judge sets the tone in the Courtroom and can do so only by being professional, EQWTVGQWU CPF Ă‘TO 9G YQTM KP C naturally adversarial atmosphere and having a judge who respects the NKVKICPVU UVCĂ– CPF RCTVKGU VJCV EQOG before the court is of the utmost importance. My ratings in past Criminal Defense Bar Association’s yearly poll YJKNG QP VJG VJ DGPEJ TGĂ’GEV O[ commitment to maintaining a good judicial temperament at all times. Having played all roles in a Courtroom ensures that I will always use proper judicial temperament in a Courtroom, even in the most trying of times. II What Justice of the Supreme Court of the United States (past or present) ĔÒŌ Ăúúĸ ŰĔú ĜłŌŰ Ä™Ä¸ĆŚĹ¸ĂşÄ¸Ĺ°Ä™Ă’Ä Ĺ°Ĺ‚ the development of your judicial philosophy? Please explain why. Ă— CO VJG OQUV KPĂ’WGPEGF D[ 5WRTGOG Court Justice Sandra Day O’Connor. Although Justice O’Connor and I do PQV UJCTG VJG UCOG RCTV[ CĂ”NKCVKQP Ă— respect and admire her perserverance to fairness and balance. In 2009, I was blessed to receive the Latina Judge of the Year Award in Minnesota and Justice O’Connor was present at the awards luncheon promoting her program to engage children in civic participation. As VJG Ă‘TUV YQOCP CRRQKPVGF VQ VJG &QWTV I admire her strength and courage to sometimes be the swing vote on the &QWTV FGURKVG JGT CĂ”NKCVKQP 5QOGVKOGU doing the right thing requires you to step outside your comfort zone, or presumed philiosophy. While on the bench, I experienced having to step
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outside my comfort zone to do the right thing, devoid of politics and prejudice and I was proud and still stand by those decisions despite any backlash. III žĔƗ Ă’Ĺ&#x;Ăş ƗłŸ ŌúúĪęĸÄ? ŰĔęŌ Ĺ‚ÄŒĆĽĂŽĂşČŹ I have spent approximately 15 years of my 23 year legal career in a judicial capacity. Judges carry great responsibility, and I am more than prepared to handle that responsibility, as I have done in the past. I believe it is very important to JCXG LWFIGU QP QWT DGPEJGU YJQ TGĂ’GEV and understand our community. I also believe that my varied and combined experience in the Courtroom and outside VJG &QWTVTQQO YKNN DG DGPGĂ‘EKCN VQ VJG VJ 'KUVTKEV &QWTV Ă— FQ PQV TWP HQT QĂ”EG NKIJVN[ CPF CHVGT [GCTU QH DGKPI QĂ– VJG bench, I have had the opportunity to layer my experience and look forward to sharing my knowledge to help protect the community and redirect lives when appropriate. This week I was reminded as I was randomly approached in two separate instances by two defendants who appeared before me in the 144th, who felt compelled to thank me and told me my decisions changed their lives for the best. This is what I love doing! IV žĔÒŰ Ă’Ĺ&#x;Ăş ƗłŸĹ&#x; ŞŸÒÄęƼÎÒŰęłĸŌ Òĸô experience in dealing with criminal law matters? Please describe why you believe that you are in the most ŞŸÒÄęƼúô ÎÒĸôęôÒŰú ÄŒĹ‚Ĺ&#x; ŰĔú ĹœĂ’Ĺ&#x;ŰęΟÄĂ’Ĺ&#x; Ä§Ĺ¸Ă´Ä™ĂŽÄ™Ă’Ä Ĺ‚ÄŒĆĽĂŽĂş ŰĔÒŰ ƗłŸ Ă’Ĺ&#x;Ăş ŌúúĪęĸÄ?ČŹ In 23 years, I have been a prosecutor, criminal defense attorney, Municipal Court Judge, District Court Judge and currently, Deputy Director and General Counsel for the Bexar County Adult Probation Department. My past Criminal District Court Judge experience makes OG VJG DGUV SWCNKĂ‘GF HQT VJG VJ District Court. On day one, I put on the robe that still hangs in my closet, and go to work. I recognize the importance
of expereince and discernment and have great respect for the process and the parties that come into the Courts daily. I have had the opportunity to JCPFNG OCP[ FKĂ–GTGPV V[RGU QH ECUGU KP my career, including Juvenile, Appeals, Family Violence, Sex Crimes, Murders, along with Family Law and all have helped me to have a very well-rounded approach to the law. Additionally, I am extremely aware of what it takes to protect the community and our families. I have presided over hundreds QH ECUGU CPF TGEQIPK\G VJG UKIPKĂ‘ECPEG QH TWPPKPI CP GĂ”EKGPV DWV CEEGUUKDNG courtroom. V What do you consider to be the ĜłŌŰ ĹŚÄ™Ä?ĸęƼÎÒĸŰ ęŌŌŸúŌ ÄŒĂ’ĂŽÄ™Ä¸Ä? ŰĔú Criminal Courts in Bexar County? What measures or changes (if any) do you believe could help improve the administration of justice within the criminal courts in Bexar County? I believe there has been an increase in Defendants with mental health issues, that need to be appropriately addressed. With all the positive work being done in the Specialty Courts, I see a need for a felony Mental Health Court and a felony Veteran’s Court. Better utilization of the Bexar County CSCD residential program could assist in the treatment of those special needs in our criminal system. Additionally, there is room to streamline the processes between Departments in achieving a OQTG GĂ”EKGPV CPF VKOGN[ RTQEGUU Ă— DGNKGXG O[ URGEKĂ‘ECNK\GF MPQYNGFIG KP these areas and my relationships within our community can help to create these courts and ensure positive outcomes. VI žĔÒŰ Ă’Ĺ&#x;Ăş ŰĔú ĜłŌŰ ĹŚÄ™Ä?ĸęƼÎÒĸŰ ęŌŌŸúŌ ÄŒĂ’ĂŽÄ™Ä¸Ä? ŰĔú ĹŚĹœĂşĂŽÄ™ĆĽĂŽ łŸĹ&#x;Ĺ° ÄŒĹ‚Ĺ&#x; ƑĔęÎĔ ƗłŸ Ă’Ĺ&#x;Ăş ŌúúĪęĸÄ? Ĺ‚ÄŒĆĽĂŽĂşČŹ ŠÄúÒŌú describe what you plan to do (or have done) to address the issues ƗłŸ ęôúĸŰęƼúôȏ
Having run a Courtroom before, I have specific knowledge of the needs of daily dockets and trial dockets. I know that Judge Roman has worked diligently to run an efficient courtroom and works daily to keep her trial docket down. Criminal courts, inherently, require daily work to keep dockets low, to handle cases timely, all while trying to ensure impartiality and fairness. That is my commitment - to work hard to achieve the right balance for the 175th District Court. I believe having accessible and daily dockets to address PSIs, MTRs, Motions and Bond issues are important to allow the attorneys the opportunity to take care of business. Having been a former defense attorney, I recognize how demanding and restricting time managerment can be. And having been a prosecutor, I understand the importance of moving a constantly growing docket. VII What do you consider to be the most important distinction between you and your opponent in this coming election? Why are you the better candidate for this judicial position? I believe my 15 years of judicial experience, having worked from the Magistration level to the District Court level, makes me uniquely qualified to take the bench in November. This is not a training ground for me. It does not require me to shift my thinking, or try to understand the importance and significance of how my decisions may affect a community and individual lives. Having been on the District Bench for four years makes me a known quantity. My varied experience, not only as a prosecutor and defense attorney, but also my experience in probation, gives me a unique perspective in being a Judge. I am proud of the work that I have done on the bench and in the community and look forward to sharing that knowledge again.
VIII What measures or changes could be made within the Bexar County Criminal Courts in order to improve the administration of justice? What are the greatest impediments to the implementation of such changes in úƖÒş łŸĸŰƗȬ ĭŦłȦ ŜĭúÒŦú íşęúƦƗ set forth what, if anything, would you do in the next four (4) years as a Judge to address these issues? Although we have one of the best and hardest working Magistrates in Bexar County, Judge Carruthers, I think having another Magistrate Judge to possibly handle just pleas, can assist the other judges in trying more cases and moving dockets along. The availability of monies to create such a position could be the biggest impediment to this implementation. This would be similar to the Presiding Court system but only for pleas. Having a Court to handle these matters all day, could create a DGVVGT ÒQY CPF GÔEKGPV JCPFNKPI QH plea dockets. All other matters would be handled in the designated Courts. I would like to study and make the appropriate proposals and suggestions for such a system. IX If have never been a county or district court Judge in Bexar County, why should the voters entrust ƗłŸ ƑęŰĔ ŰĔęŦ łČƥîęÒĭ ŜłŦęŰęłĸȦ Òĸô what changes would you make to this Court if you were selected? Alternatively, for those with past judicial experience as an elected judge in Bexar County’s criminal courts, who no longer serve in that capacity, why should you be given another chance to be a criminal court Judge by voters? What, if anything will you do differently this time should you be elected? Lastly, for those who are presently serving as judges in the Bexar County Criminal Courts, what are you most proud of over the course of the last
fourt (4) years, and why are you deserving of another four (4) year term? As the former Judge of the 144th District Court, I believe that my time QP VJG DGPEJ YCU RQUKVKXGN[ TGÒGEVGF by my hard work and commitment to fairness and respect in the Courtroom. 2CUV RQNNU CPF HGGFDCEM TGÒGEV C very positive judicial temperament, knowledge and application of the law. My 15 years of judicial experience makes me very comfortable in my skin making decisions and understanding VJG UKIPKÑECPEG QH VJQUG FGEKUKQPU KP QWT community and lives of so many. The legal defense community is aware of my temperament, dedication to fairness and impartiality. I was able to maintain positive relationships with both sides of the bar, understanding everyone’s roles and the necessity to allow everyone to do their jobs in the Courtroom. Further, I believe in treating everyone with respect, including the Defendants. X Please name three non-lawyers who have inspired how you approach legal questions. I am the most inspired by my mother and two children in approaching legal questions. My mother’s sense of fairness, courage and determination to do what is right resonates with me daily. Her work ethic helps guide my commitment and perserverance to seek the truth. Her humble beginnings also serve as a reminder of those who struggle to move through our Courts and the application of law to these individual’s cases. My two children, who are 17 and 20 years old, also guide my approach to legal questions. In making a decision, I consider how those who EQOG DGHQTG VJG &QWTVU CTG CÖGEVGF whether they be Defendants, who require redirection or punishment, or the victims who deserve justice and understanding, and of course, in making decisions in people’s lives that EQPVKPWGF QP R
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399th Criminal District Court
Jan Ischy-Prins (R)
I What do you consider to be your view of proper judicial temperament? Please elaborate and discuss. First and foremost, every single person that enters the courtroom must be treated with dignity and respect. This includes, but is not limited to VJG XKEVKOU CVVQTPG[U UVCĂ– NCY enforcement, visitors, jurors and the defendant. No further explanation needed. II What Justice of the Supreme Court of the United States (past or present) ĔÒŌ Ăúúĸ ŰĔú ĜłŌŰ Ä™Ä¸ĆŚĹ¸ĂşÄ¸Ĺ°Ä™Ă’Ä Ĺ°Ĺ‚ the development of your judicial philosophy? Please explain why. 6JG Ă‘TUV &JKGH ,WUVKEG ,QJP ,C[ YJQ was appointed by President George Washington. He had the seemingly insurmountable task of building a respectable legal system. III žĔƗ Ă’Ĺ&#x;Ăş ƗłŸ ŌúúĪęĸÄ? ŰĔęŌ Ĺ‚ÄŒĆĽĂŽĂşČŹ Ă— GPLQ[ VJG Ă‘GNF QH ETKOKPCN NCY CPF YCPV to continue serving the citizens of Bexar &QWPV[ Ă— MPQY VJCV Ă— CO VJG SWCNKĂ‘GF candidate in my race. In addition to achieving over 18 years as an Assistant Criminal District Attorney, I have six plus years as a criminal defense attorney. It is imperative that a judge be familiar, not only with the challenges the prosecutors face each day, but also with the challenges the defense attorneys face each day. I have tried almost every type
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of Felony case including capital murder death penalty cases. In Bexar County alone, as of September 1, 2016, I have been Attorney of Record for 5,861 adult criminal cases. This excludes all of the juvenile criminal cases for which I have been attorney of record. My opponent has been the Attorney of Record for 221 adult criminal cases in Bexar County. Data is from the Bexar County District &NGTMÆU 1Ă”EG IV žĔÒŰ Ă’Ĺ&#x;Ăş ƗłŸĹ&#x; ŞŸÒÄęƼÎÒŰęłĸŌ Òĸô experience in dealing with criminal law matters? Please describe why you believe that you are in the most ŞŸÒÄęƼúô ÎÒĸôęôÒŰú ÄŒĹ‚Ĺ&#x; ŰĔú ĹœĂ’Ĺ&#x;ŰęΟÄĂ’Ĺ&#x; Ä§Ĺ¸Ă´Ä™ĂŽÄ™Ă’Ä Ĺ‚ÄŒĆĽĂŽĂş ŰĔÒŰ ƗłŸ Ă’Ĺ&#x;Ăş ŌúúĪęĸÄ?ČŹ Ă— CO ENGCTN[ VJG OQUV SWCNKĂ‘GF ECPFKFCVG for this position. In addition to being a member of our local legal community for almost 25 years, I have actually tried to a jury the most serious crimes including Capital Murder Death Penalty cases. We all know how important it is that a judge not only know the law and know how to apply it accordingly, but that a judge be open to hear all sides, read all case law presented and listen to arguments of counsel before making a decision. This sense and ability to perform this responsibility can only be developed with criminal law experience. V What do you consider to be the most ĹŚÄ™Ä?ĸęƼÎÒĸŰ ęŌŌŸúŌ ÄŒĂ’ĂŽÄ™Ä¸Ä? ŰĔú Ĺ&#x;Ä™ÄśÄ™Ä¸Ă’Ä Courts in Bexar County? What measures or changes (if any) do you believe could help improve the administration of justice within the criminal courts in Bexar County?
The past two years in criminal defense service has once again shown me the UKIPKĂ‘ECPV KUUWGU HCEGF D[ VJG 'GHGPUG Examples include lack of funding. I am amazed at the lack of funds for experts and investigators needed. And of course there is the long dealt with underpaying QH SWCNKĂ‘GF FGHGPUG CVVQTPG[U Ă— understand that often a non-citizen is not provided an expert immigration counsel to advise as to how a conviction QT FGHGTTGF CFLWFKECVKQP YKNN CĂ–GEV JKU immigration status. These conditions need to be resolved. VI žĔÒŰ Ă’Ĺ&#x;Ăş ŰĔú ĜłŌŰ ĹŚÄ™Ä?ĸęƼÎÒĸŰ ęŌŌŸúŌ ÄŒĂ’ĂŽÄ™Ä¸Ä? ŰĔú ĹŚĹœĂşĂŽÄ™ĆĽĂŽ łŸĹ&#x;Ĺ° ÄŒĹ‚Ĺ&#x; ƑĔęÎĔ ƗłŸ Ă’Ĺ&#x;Ăş ŌúúĪęĸÄ? Ĺ‚ÄŒĆĽĂŽĂşČŹ ŠÄúÒŌú describe what you plan to do (or have done) to address the issues ƗłŸ ęôúĸŰęƼúôȏ Being that Judge Olivarri will no longer be Judge of the 399th in January 2017, I am very concerned about the experience of my opponent. This is a court where the maximum punishment is death!!! This is serious business and we need a judge with serious experience to protect the rights of all. VII What do you consider to be the most important distinction between you and your opponent in this coming election? Why are you the better candidate for this judicial position? Ă—P CFFKVKQP VQ CP GZVTGOG FKĂ–GTGPEG in criminal law experience and my commitment to fundamental fairness and human dignity, I have a genuine interest in our community. I did not
recently move to Bexar County in time to get my name on the ballot, as it seems my opponent has done. Instead, this has been my home and community for over 25 years. VIII What measures or changes could be made within the Bexar County Criminal Courts in order to improve the administration of justice? What are the greatest impediments to the implementation of such changes in úƖÒş łŸĸŰƗȬ ĭŦłȦ ŜĭúÒŦú íşęúƦƗ set forth what, if anything, would you do in the next four (4) years as a Judge to address these issues? &QWTVU ECP DGVVGT NGXGTCIG QÖ VJG experience and input of the counsel at bar, particularly experienced defense counsel. IX If have never been a county or district court Judge in Bexar County, why should the voters entrust ƗłŸ ƑęŰĔ ŰĔęŦ łČƥîęÒĭ ŜłŦęŰęłĸȦ Òĸô what changes would you make to this Court if you were selected? Alternatively, for those with past judicial experience as an elected judge in Bexar County’s criminal courts, who no longer serve in that capacity, why should you be given another chance to be a criminal court Judge by voters? What, if anything will you do differently this time should you be elected? Lastly, for those who are presently serving as judges in the Bexar County Criminal Courts, what are you most proud of over the course of the last fourt (4) years, and why are you
deserving of another four (4) year term? The totality of my professional development has led me to this point where I am not only well suited, but best-suited to serve this community as Criminal District Judge. X Please name three non-lawyers who have inspired how you approach legal questions. One non-lawyer was enough: The peace QÔEGT YJQ KNNGICNN[ CTTGUVGF OG HQT Class C Disorderly Conduct for which I spent a night in jail. Two & Three: All the Military Veterans who teach me everyday that this is the land of the free, because of the brave. XI What is your greatest legal accomplishment? What is your most ŦęčĸęƥîÒĸŰ ŜúşŦłĸÒĭ ÒîĔęúƐúĶúĸŰȬ What is one thing that people do not know about you, which you think would surprise them? Greatest Legal Accomplishment: the privilege of running for Judge of the 399th District Court Personal Accomplishment: Repelling – I’m afraid of heights! One thing people do not know about me: Years ago, before I was a lawyer, I was arrested along with the perpetrator of domestic violence against me because I called the police for help. This showed me how arbitrary our criminal justice system can seem.
XII Please explain your view of recividivism and how this view does (or would) affect your sentencing decisions? Recidivism rates can be decreased by IGPGTCNN[ ÑPFKPI YC[U VQ TGUVQTG RGQRNG to productive positions in our society. These would include: community-based treatment, individual based assistance/ monitoring, incentives for positive participation in programs and transition from incarceration. We need restorative justice because we cannot be a onemistake society. Each case has to be evaluated on its own merits. XIII Recently, the Michael Morton Act was passed because its namesake Mr. Morton was wrongfully convicted and imprisoned due to the State whichholding evidence, which was clearly exculpatory in nature from his defense team. Does the new statute go far enough? What (if any) additional measures or duties do you believe a trial judge has to prevent this from happening again? The law goes amply far; the challenge is for all prosecutors to respect and comply with the statute. A judge needs to make it clear there are no gray areas. If it tends to be exculpatory, it goes to the defense. No exceptions.
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399th Criminal District Court
Frank J. Castro (D)
I What do you consider to be your view of proper judicial temperament? Please elaborate and discuss. Proper judicial temperament is essential for every judge and should be practiced on a daily basis. A proper and well balanced tempered personality should DG OCKPVCKPGF KP CP GĂ–QTV VQ RTQXKFG EQPĂ‘FGPEG VQ CP KPFKXKFWCN CPF VJGKT representative by presenting themselves as trusted, respectable, calm, fair and impartial, and be able to listen to and absorb arguments made by both parties without leaning towards QPG UKFG URGEKĂ‘ECNN[ $ RTQRGT LWFKEKCN temperament would also include being able to reserve personal opinions from that of their legal opinions. A judge’s discretion should be based on the facts and evidence provided under the law and not their personal opinion. II What Justice of the Supreme Court of the United States (past or present) ĔÒŌ Ăúúĸ ŰĔú ĜłŌŰ Ä™Ä¸ĆŚĹ¸ĂşÄ¸Ĺ°Ä™Ă’Ä Ĺ°Ĺ‚ the development of your judicial philosophy? Please explain why. “Sometimes history takes things into its own handsâ€? (Thurgood Marshall). America’s separate but equal society has evolved greatly since Thurgood Marshall’s participation in the Civil 4KIJVU /QXGOGPV +KU GĂ–QTVU VQ Ă‘IJV for a broken society in the courts made a great impact on how society is today. Schools are no longer segregated and children of all races receive equal education. Even after his days of Brown vs. BOE, as a Supreme Court Justice, /CTUJCNN EQPVKPWGF JKU GĂ–QTVU CPF supported rulings regarding social KPLWUVKEGU CPF KU OQUV KPĂ’WGPVKCN VQ VJG development of my judicial philosophy.
The 399th District Court is ready for some positive changes and I believe I’m ready to introduce and make these changes. Being a District Court Judge would be an honor and it would allow me to continue to practice criminal law at a high level as well as continue to provide valuable service to the community as I did when I was an Assistant District Attorney for four years. IV žĔÒŰ Ă’Ĺ&#x;Ăş ƗłŸĹ&#x; ŞŸÒÄęƼÎÒŰęłĸŌ Òĸô experience in dealing with criminal law matters? Please describe why you believe that you are in the most ŞŸÒÄęƼúô ÎÒĸôęôÒŰú ÄŒĹ‚Ĺ&#x; ŰĔú ĹœĂ’Ĺ&#x;ŰęΟÄĂ’Ĺ&#x; Ä§Ĺ¸Ă´Ä™ĂŽÄ™Ă’Ä Ĺ‚ÄŒĆĽĂŽĂş ŰĔÒŰ ƗłŸ Ă’Ĺ&#x;Ăş ŌúúĪęĸÄ?ČŹ I have practiced law for 13 years, which includes experience as a former felony prosecutor and currently as criminal defense, family and personal injury attorney. I have tried to a jury cases such as Aggravated Robbery, Failure to Stop and Render Aid involving Serious Bodily Injuries, Driving While Intoxicated (both felony & misdemeanor), Felony Thefts, Possession of Drugs, Unauthorized Use of Motor Vehicle, Aggravated Assaults with Deadly Weapons resulting in Serious Bodily Injuries and have handled countless others including Murder and Intoxication Manslaughter both as a former prosecutor and a defense attorney. I believe I have good character and temperament that would be a good match for the bench. I served the State of Texas as a felony prosecutor before, and I’m ready to serve people of the State again as a judge, if elected. V
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What do you consider to be the most ĹŚÄ™Ä?ĸęƼÎÒĸŰ ęŌŌŸúŌ ÄŒĂ’ĂŽÄ™Ä¸Ä? ŰĔú Ĺ&#x;Ä™ÄśÄ™Ä¸Ă’Ä Courts in Bexar County? What measures or changes (if any) do you believe could help improve the administration of justice within the criminal courts in Bexar County?
žĔƗ Ă’Ĺ&#x;Ăş ƗłŸ ŌúúĪęĸÄ? ŰĔęŌ Ĺ‚ÄŒĆĽĂŽĂşČŹ
Ă— DGNKGXG VJG OQUV UKIPKĂ‘ECPV KUUWG
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facing the criminal courts is reducing VJG DCEMNQI QH ECUGU Ă‘PFKPI YC[U VQ better serve the mentally ill and to reduce recidivism. Each criminal court has a system to avoid backlog that works but I believe limiting the amount of resets allowed per party would help in reducing backlog even greater. I hold our collaborative courts in high regard because they provide alternatives to incarceration and lower the recidivism rate. Also, if there is an opportunity to better serve veterans by implementing a felony veteran’s court, I believe disposition rates would further improve. VI žĔÒŰ Ă’Ĺ&#x;Ăş ŰĔú ĜłŌŰ ĹŚÄ™Ä?ĸęƼÎÒĸŰ ęŌŌŸúŌ ÄŒĂ’ĂŽÄ™Ä¸Ä? ŰĔú ĹŚĹœĂşĂŽÄ™ĆĽĂŽ łŸĹ&#x;Ĺ° ÄŒĹ‚Ĺ&#x; ƑĔęÎĔ ƗłŸ Ă’Ĺ&#x;Ăş ŌúúĪęĸÄ? Ĺ‚ÄŒĆĽĂŽĂşČŹ ŠÄúÒŌú describe what you plan to do (or have done) to address the issues ƗłŸ ęôúĸŰęƼúôȏ Ă— FQPÆV VJKPM VJGTG KU C UKIPKĂ‘ECPV RTQDNGO HCEKPI VJG VJ URGEKĂ‘ECNN[ DWV Ă— FQ VJKPM VJGTG KU C UKIPKĂ‘ECPV problem facing all the Bexar County courts and that problem is the pay scale for appointments and the fact that a lot of very skilled lawyers will not take appointments due to the low level of pay on these cases. I don’t think the pay scale needs across the board reform, DWV EGTVCKP V[RGU QH QĂ–GPUGU UWEJ CU sexual assault cases, should be paid at a higher rate. I know that a higher pay scale for appointments is an issue that is periodically reviewed by the judges and proposed to the Commissioners. As a judge, I would advocate for a higher pay scale for certain types of appointed cases and an overall raise in the pay scale that is more in line with the increase in the cost of living. Additionally, I think a separate CRRQKPVOGPV ĂˆYJGGNÉ HQT UGZ QĂ–GPUGU with a higher pay rate may encourage some lawyers to take those types of appointed cases again.
VII What do you consider to be the most important distinction between you and your opponent in this coming election? Why are you the better candidate for this judicial position? The biggest distinction between me and my opponent is the amount of time and experience in felony court. As a prosecutor, I handled misdemeanors for a short period of time, but spent the majority of my years handling and VT[KPI HGNQP[ QĂ–GPUGU /[ QRRQPGPV NGHV VJG ' $ ÆU QĂ”EG CU C OKUFGOGCPQT prosecutor. Similarly, I have spent almost 9 years defending criminal clients, mostly in felony court, and trying XGT[ FKĂ”EWNV ECUGU OQUVN[ OWTFGT CPF sex assault cases, to a jury. Although my opponent was a district judge for 4 years, I was “in the trenchesâ€? handling and trying felony cases before she was a judge, while she was a judge and since she was a judge. Additionally, for the last 3 and ½ years while my opponent has been out of the courtroom and working for the probation department, I have continued to handle and try all types of HGNQP[ QĂ–GPUGU VIII What measures or changes could be made within the Bexar County Criminal Courts in order to improve the administration of justice? What are the greatest impediments to the implementation of such changes in úƖÒĹ&#x; łŸĸŰƗȏ ÄĹŚĹ‚ČŚ ĹœÄúÒŌú ĂĹ&#x;ęúƌƗ set forth what, if anything, would you do in the next four (4) years as a Judge to address these issues? Judges need to be more accountable HQT VJG VKOG VJG[ URGPF QĂ– VJG DGPEJ Too many judges spend little time on the bench presiding over the matters VJG[ JCXG DGGP XQVGF KPVQ QĂ”EG VQ oversee, and spend a lot of time doing extra-curricular activities, taking care of personal matters, and attending non law-related activities. This is something
that needs to be changed. I personally intend on making my job as a judge, if elected, my absolute priority every day, which means working mornings and afternoons, to make sure cases are heard in a timely manner. IX If have never been a county or district court Judge in Bexar County, why should the voters entrust ƗłŸ ƑęŰĔ ŰĔęŌ Ĺ‚ÄŒĆĽĂŽÄ™Ă’Ä ĹœĹ‚ĹŚÄ™Ĺ°Ä™Ĺ‚Ä¸ČŚ Òĸô what changes would you make to this Court if you were selected? Alternatively, for those with past judicial experience as an elected judge in Bexar County’s criminal courts, who no longer serve in that capacity, why should you be given another chance to be a criminal court Judge by voters? What, if anything will you do differently this time should you be elected? Lastly, for those who are presently serving as judges in the Bexar County Criminal Courts, what are you most proud of over the course of the last fourt (4) years, and why are you deserving of another four (4) year term? The voters should entrust me with this QĂ”EKCN RQUKVKQP DGECWUG QH O[ UVTQPI YQTM ethic and my commitment to working in the felony courts as a prosecutor and as a defense attorney. Everything I have done professionally up to this point has been preparing me for this position. As a prosecutor, a defense attorney, and a part-time criminal magistrate, I have had [GCTU QH GZRGTKGPEG YQTMKPI KP FKĂ–GTGPV EQWTVU KP HTQPV QH FKĂ–GTGPV LWFIGU YQTMKPI YKVJ FKĂ–GTGPV EQWTV EQQTFKPCVQTU FKĂ–GTGPV RTQDCVKQP QĂ”EGTU CPF EQWTV UVCĂ– 6JGUG experiences have given me a unique opportunity to see what works and what doesn’t work. It also should show the voters that I am committed to VJKU URGEKĂ‘E LQD, in VJKU URGEKĂ‘E V[RG QH EQWTV. X Please name three non-lawyers who
have inspired how you approach legal questions. The only non-lawyer that I can think QH VJCV JCU ĂˆKPĂ’WGPEGFÉ TCVJGT VJCP “inspiredâ€?) how I approach legal questions is my mother. She always encouraged me to: 1. to think before I speak (which I am not always good at doing, but I try); 2. to try to put myself in the other person’s shoes because you never know what someone else may be going through (so in the case of legal questions, I try to put myself in the shoes of my opposing counsel or presiding judge); and 3. be careful what you wish for because the grass is not always greener (so in the legal arena, sometimes the answer you want or relief you argue for may not always be better for your client or legal position) XI What is your greatest legal accomplishment? What is your most ĹŚÄ™Ä?ĸęƼÎÒĸŰ ĹœĂşĹ&#x;ĹŚĹ‚Ä¸Ă’Ä Ă’ĂŽÄ”Ä™ĂşĆ?úĜúĸŰȏ What is one thing that people do not know about you, which you think would surprise them? I have had quite a few trials that I am proud of, however, the one of I view as my greatest legal accomplishment was a “not guiltyâ€? verdict that I got as a defense attorney trying an Injury to a Child-SBI case to a jury in the 290th District Court when Judge MacRae was still presiding. My client was a father of 5 kids, charged with severely injuring a step-daughter. I recall my client telling me a few days into the trial that his life was in my hands. I don’t know that I ever felt as much pressure to win a case as I did at that very moment. I believed in his innocence 100% and was very relieved, and proud, when he was acquitted.
EQPVKPWGF QP R
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County Court at Law No. 5
Linda Molina (R)
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III
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What do you consider to be your view of proper judicial temperament? Please elaborate and discuss.
žĔƗ Ă’Ĺ&#x;Ăş ƗłŸ ŌúúĪęĸÄ? ŰĔęŌ Ĺ‚ÄŒĆĽĂŽĂşČŹ
What do you consider to be the most ĹŚÄ™Ä?ĸęƼÎÒĸŰ ęŌŌŸúŌ ÄŒĂ’ĂŽÄ™Ä¸Ä? ŰĔú Ĺ&#x;Ä™ÄśÄ™Ä¸Ă’Ä Courts in Bexar County? What measures or changes (if any) do you believe could help improve the administration of justice within the criminal courts in Bexar County?
A judge is essentially a referee, keeping watch for fair play and making sure both sides follow the rules. A judge should follow the law as it is written. A judge UJQWNF YQTM SWKEMN[ CPF GĂ”EKGPVN[ CPF should always be mindful of everyone’s time and schedules. A judge should treat each person and party who enters VJG EQWTVTQQO CPF QĂ”EG YKVJ TGURGEV and dignity. Everyone should be treated the same—equally and fairly. A judge should create and maintain a pleasant courtroom environment. At all times, a judge should be a good representative of and for the community. II What Justice of the Supreme Court of the United States (past or present) ĔÒŌ Ăúúĸ ŰĔú ĜłŌŰ Ä™Ä¸ĆŚĹ¸ĂşÄ¸Ĺ°Ä™Ă’Ä Ĺ°Ĺ‚ the development of your judicial philosophy? Please explain why. In /CTDWT[ X /CFKUQP, then Chief ,WUVKEG ,QJP /CTUJCNN did something outstanding; he laid the groundwork to make the U.S. Supreme Court what it is today. In so doing, he changed the course of our history. He stated “it is emphatically the duty and province of the judicial department to say what the law is.â€? This decision, crafted by Marshall, established the Constitution as a set of laws that the Court may interpret, and allowed the Court to declare unconstitutional any new law if KV YCU KP EQPĂ’KEV YKVJ VJG &QPUVKVWVKQP First learning about this case, and Marshall’s clever approach, in high school, as a two-time participant on The Constitution Team, set me on a path to seek the study of law. It gave me an appreciation for the responsibility of judges to say what the law is.
I have dedicated my career to public service by being an assistant attorney general, a prosecutor, and a criminal defense attorney over my 16-year career. I have handled every type of criminal case, in juvenile court and adult criminal court, on both sides. I have also received specialized training in trial advocacy. This new role will enhance my ability to continue to serve the community. IV žĔÒŰ Ă’Ĺ&#x;Ăş ƗłŸĹ&#x; ŞŸÒÄęƼÎÒŰęłĸŌ Òĸô experience in dealing with criminal law matters? Please describe why you believe that you are in the most ŞŸÒÄęƼúô ÎÒĸôęôÒŰú ÄŒĹ‚Ĺ&#x; ŰĔú ĹœĂ’Ĺ&#x;ŰęΟÄĂ’Ĺ&#x; Ä§Ĺ¸Ă´Ä™ĂŽÄ™Ă’Ä Ĺ‚ÄŒĆĽĂŽĂş ŰĔÒŰ ƗłŸ Ă’Ĺ&#x;Ăş ŌúúĪęĸÄ?ČŹ I have consistently worked in criminal law for 16 years. I am a criminal defense attorney, in both state and federal courts, in adult and juvenile courts. I take court-appointed cases, up to 2nd chair on death penalty cases in Bexar County. I also take court-appointed ECUGU WR VQ * HGNQP[ QĂ–GPUGU KP Guadalupe and Comal counties. I am in court every day on criminal matters. I worked as a felony prosecutor for 10 years. I handled hundreds of cases, from magistration to grand jury to jury trial. I also supervised and trained junior prosecutors. As an Assistant Attorney General, I defended state felony convictions against Constitutional challenges. I submitted briefs to federal courts. I also litigated evidentiary hearings. Presently, I am on the CJA panel in the Western District of San Antonio for Habeas. I have the perspective and balance needed to be the Judge of this court.
1PG QH VJG OQUV UKIPKĂ‘ECPV KUUWGU HCEKPI the Criminal Courts in Bexar County, and one that I believe is important to address at the County Court level, is recidivism. In County Court at Law No. 5, I will work on slowing down the revolving door of crime by: Ă‹ Sentencing convicted individuals to programs with a high success rate in rehabilitation Ă‹ Monitoring community supervision RTQITCOU VQ GPUWTG VJG GĂ–GEVKXGPGUU of my sentences Ă‹ Establishing guidelines and OQPKVQTKPI VJG RTQITGUU QH QĂ–GPFGTU VI žĔÒŰ Ă’Ĺ&#x;Ăş ŰĔú ĜłŌŰ ĹŚÄ™Ä?ĸęƼÎÒĸŰ ęŌŌŸúŌ ÄŒĂ’ĂŽÄ™Ä¸Ä? ŰĔú ĹŚĹœĂşĂŽÄ™ĆĽĂŽ łŸĹ&#x;Ĺ° ÄŒĹ‚Ĺ&#x; ƑĔęÎĔ ƗłŸ Ă’Ĺ&#x;Ăş ŌúúĪęĸÄ? Ĺ‚ÄŒĆĽĂŽĂşČŹ ŠÄúÒŌú describe what you plan to do (or have done) to address the issues ƗłŸ ęôúĸŰęƼúôȏ 6JG OQUV UKIPKĂ‘ECPV KUUWG KP &QWPV[ &QWTV KU GĂ–EKGPE[ 6JG %GZCT &QWPV[ Judicial Management Reports prove this. As the Judge of County Court at Law No. Ă— YKNN YQTM QP KORTQXKPI GĂ”EKGPE[ D[ Ă‹ Developing a consistent order for the court so both the prosecutors and defense attorneys will know what to expect Ă‹ Establishing scheduling orders for pre-trial matters and trials with URGEKĂ‘E FGCFNKPGU Ă‹ Working to process cases quickly
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Ă‹ Providing speedy resolutions and trials Ă‹ Treating everyone equally and with the same degree of fairness Ă‹ Helping create and maintain a pleasant courtroom environment with respect for everyone involved in the process Ă‹ Being available at all times VII What do you consider to be the most important distinction between you and your opponent in this coming election? Why are you the better candidate for this judicial position? I have a proven commitment to public service and criminal law; I have dedicated my career to it. As a criminal defense attorney, I handle cases, at every level, in adult and juvenile courts, in several counties. My tenure as a prosecutor for 12 years proves my dedication to public service; my work YKVJ VJG $VVQTPG[ *GPGTCNÆU 1Ă”EG KP Austin does as well. I have handled every type of criminal case, and I have done so at every point in the process, in both juvenile and adult criminal court. I have also received specialized training in trial advocacy, as well as in the investigation of various criminal QĂ–GPUGU ;QW YKNN Ă‘PF Ă— CO VJG OQUV experienced, best educated, and most SWCNKĂ‘GF ECPFKFCVG Ă— CO TGCF[ CPF eager to continue my career of public service in this new capacity. This is not O[ NCUV UVQR VJKU KU O[ Ă‘TUV UVGR VIII What measures or changes could be made within the Bexar County Criminal Courts in order to improve the administration of justice? What are the greatest impediments to the implementation of such changes in úƖÒĹ&#x; łŸĸŰƗȏ ÄĹŚĹ‚ČŚ ĹœÄúÒŌú ĂĹ&#x;ęúƌƗ set forth what, if anything, would
you do in the next four (4) years as a Judge to address these issues? In County Court at Law No. 5, I will work QP KORTQXKPI GĂ”EKGPE[ CPF UNQYKPI down the revolving door of crime by: Ă‹ Sentencing convicted individuals to only programs with a high success rate in rehabilitation Ă‹ Monitoring community supervision RTQITCOU VQ GPUWTG VJG GĂ–GEVKXGPGUU of my sentences Ă‹ Establishing strict guidelines and OQPKVQTKPI VJG RTQITGUU QH QĂ–GPFGTU Ă‹ Developing a consistent order for the court so both the prosecutors and defense attorneys will know what to expect Ă‹ Establishing scheduling orders for pre-trial matters and trials with URGEKĂ‘E FGCFNKPGU Ă‹ Working to process cases quickly Ă‹ Providing speedy resolutions and trials Ă‹ Treating everyone equally and with the same degree of fairness Ă‹ Helping create and maintain a pleasant courtroom environment with respect for everyone involved in the process Ă‹ Being available at all times IX If have never been a county or district court Judge in Bexar County, why should the voters entrust ƗłŸ ƑęŰĔ ŰĔęŌ Ĺ‚ÄŒĆĽĂŽÄ™Ă’Ä ĹœĹ‚ĹŚÄ™Ĺ°Ä™Ĺ‚Ä¸ČŚ Òĸô what changes would you make to this Court if you were selected? Alternatively, for those with past judicial experience as an elected judge in Bexar County’s criminal courts, who no longer serve in that
capacity, why should you be given another chance to be a criminal court Judge by voters? What, if anything will you do differently this time should you be elected? Lastly, for those who are presently serving as judges in the Bexar County Criminal Courts, what are you most proud of over the course of the last fourt (4) years, and why are you deserving of another four (4) year term? $P GÖGEVKXG ,WFIG YJQ YKNN CRRN[ VJG law as it is written, can slow down the TGXQNXKPI FQQT QH TGRGCV QÖGPFGTU County Court 9 is a misdemeanor court. It is at this level that a judge can stop the revolving door of crime before it escalates, by rehabilitating the ones we can, and putting the ones that need tough discipline in jail. X Please name three non-lawyers who have inspired how you approach legal questions. 1. My 7-year old son Miller has the dubious honor of being the child of two criminal law attorneys. He hears a lot of interesting stories. He chimes in, though, with his own questions. He hears things I don’t hear in my telling and he makes me re-think how I’m doing the telling. 2. My 78-year old mother works hard everyday and always has. The best thing about her is that she sees the good in every person. She shows me how to look past the act and look at the person inside. 3. My grandfather passed away at 94-years old. He came to the U.S. in ÒGGKPI VJG /GZKECP 4GXQNWVKQP A store merchant and rancher, he saw the world pretty simply and clearly. A man of few words, he got his point across without having to say much. It is what it is. Now handle it. EQPVKPWGF QP R
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County Court at Law No. 5
Judge John A. Longoria (D)
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As a sitting judge, I operate my court WPFGT VYQ DCUKE RTKPEKRNGU ÑTUV QH all, recognition of and respect for the dignity of every person who appears in court. Second, uphold the oath of QÔEGÄVJG EQPUVKVWVKQP CPF NCYU QH the United States and of the State of Texas. It is important to keep a balance between the need to protect the community and protect the rights of each individual accused of crime. The Court must show competence, concern for all and willingness to listen and insure fairness.
history of service to Church (teaching religion classes to children over 30 years-Church Council many years-varied services), family (my wife and I have raised and educated 5 children and always assisted other family members), and community (I have a 3 page resume of involvement in community service). × JCXG UGTXGF KP XCTKQWU RWDNKE QÔEGU for over 28 years (including County Commissioner, County Judge, State Representative, and Judge). My life has been dedicated to service. I feel I have the age, wisdom and experience to be an excellent Judge. I believe I have earned the respect of my fellow lawyers and my fellow Judges. Although I am the only Democratic County Criminal Courts Judge of 13, I was unanimously selected by my peers as Administrative Judge for 2016.
II
IV
What Justice of the Supreme Court of the United States (past or present) ĔÒŦ íúúĸ ŰĔú ĶłŦŰ ęĸƦŸúĸŰęÒĭ Űł the development of your judicial philosophy? Please explain why.
¾ĔÒŰ Òşú ƗłŸş ŞŸÒĭęƥîÒŰęłĸŦ Òĸô experience in dealing with criminal law matters? Please describe why you believe that you are in the most ŞŸÒĭęƥúô îÒĸôęôÒŰú Čłş ŰĔú ŜÒşŰęîŸĭÒş ħŸôęîęÒĭ łČƥîú ŰĔÒŰ ƗłŸ Òşú ŦúúĪęĸčȬ
What do you consider to be your view of proper judicial temperament? Please elaborate and discuss.
In truth I can't say that I have a particular judicial philosophy, nor can I truthfully say that I have particular knowledge of any Justice of the Supreme Court. My attitude mentioned above in # 1 is based on a simple upbringing by parents who were hard-working CPF OCFG VTGOGPFQWU UCETKÑEGU VQ see that my brothers and I received a good education. They raised us with a strong regard for caring for our families and community along with a strong respect for God and Church. I grew up with a great regard for the poor and underprivileged. Thus, service to God, Country, family and Community has been and is my personal philosophy. III ¾ĔƗ Òşú ƗłŸ ŦúúĪęĸč ŰĔęŦ łČƥîúȬ I have been licensed to practice law for over 42 years. I have a very extensive
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I have practiced law since February 9th 1974. At least 60% of my practice has been in criminal law. I have served on many community service boards as YGNN CU UKIPKÑECPV RWDNKE QÔEGU YJGTG careful, contemplative decision making was required that often required the balancing of the needs of diverse, if not opposing constituents. I have much more experience at every level than my opponent. I have earned the respect of the criminal law bar and associations. I have served as a board member of the San Antonio Criminal Defense Lawyers association. I have been very active and practiced law and am grateful for the opportunity to serve as a Judge. V What do you consider to be the most ŦęčĸęƥîÒĸŰ ęŦŦŸúŦ ČÒîęĸč ŰĔú şęĶęĸÒĭ Courts in Bexar County? What
measures or changes (if any) do you believe could help improve the administration of justice within the criminal courts in Bexar County? County Courts have a current backlog of approximately 35,000 cases wherein 17,000 are fugitives. I have requested that the Commissioners Court consider adding "special deputies" to assist in getting fugitives into court. Part of the problem is the reality that at most the courts can hear 1 or 2 jury trials per week. Figure 50 jury weeks per year per court. Part of the problem is the common practice of insisting that motions must be "dispositive," or run with the trial. In CC 5 anyone who seeks a motion to suppress does not have to commit to a "dispositive motion." In addition every court should be in VJG QÔEG WPVKN 2/ GXGT[ FC[ ,WFIGU should be available as much as possible. ,WFIGU UJQWNF CNUQ OCMG GXGT[ GÖQTV to educate those in court to the extent needed. VI ¾ĔÒŰ Òşú ŰĔú ĶłŦŰ ŦęčĸęƥîÒĸŰ ęŦŦŸúŦ ČÒîęĸč ŰĔú ŦŜúîęƥî łŸşŰ Čłş ƑĔęîĔ ƗłŸ Òşú ŦúúĪęĸč łČƥîúȬ ĭúÒŦú describe what you plan to do (or have done) to address the issues ƗłŸ ęôúĸŰęƥúôȬ Problem: an epidemic of DWI and theft (shoplifting) cases. People do not understand what is meant by intoxication. I provide/review with them an informational sheet to educate those in court so that they do not confuse intoxication with "drunk." Too many young people commit shoplifting without realizing the long-term harm it causes. I insist that all who qualify for Pre-trial Diversion are considered. Most probationers believe probation is "reporting and paying money." I also provide/review with them an informational sheet to make clear the essence of probation-commitment to live up to 100% of conditions in exchange for no jail time. In CC 5 all pre-
trial motions are just that. No motion is required to be dispositive; I hear pre-trial motions including on Thursdays and Fridays until 5 pm. I am available.
the law and requirements including the need for lawyers to be prompt and to fully inform clients of areas of the law that are vital.
VII
Impediments are simply the will to make changes. I would address these issues by example and by encouraging other judges to implement changes.
What do you consider to be the most important distinction between you and your opponent in this coming election? Why are you the better candidate for this judicial position? This question has been answered above. I believe I have much greater experience in every category. I have practiced law over 42 years. I have served Church, family, Country and community. I believe my history is much more varied and exceeds that of my opponent. In the area of practicing law I have done so as a defense attorney for over 41 years and now have 18 months as Judge in Court 5. VIII What measures or changes could be made within the Bexar County Criminal Courts in order to improve the administration of justice? What are the greatest impediments to the implementation of such changes in úƖÒş łŸĸŰƗȬ ĭŦłȦ ŜĭúÒŦú íşęúƦƗ set forth what, if anything, would you do in the next four (4) years as a Judge to address these issues? Encourage the judges to call dockets promptly and get away from the practice of requiring pre-trial motions to be “dispositive” or “run with the trial.” Pretrial motions should be just that- pretrial. Judges should be willing to work 8 to 5 and be available to the community. Judges should meet regularly and share “best practices.” I believe Judges should meet with members of the bar and seek out recommendations for change and improvement. This should include the defense bar as well as prosecutors. Judges should ensure that lawyers and defendants are fully informed regarding
IX If have never been a county or district court Judge in Bexar County, why should the voters entrust ƗłŸ ƑęŰĔ ŰĔęŦ łČƥîęÒĭ ŜłŦęŰęłĸȦ Òĸô what changes would you make to this Court if you were selected? Alternatively, for those with past judicial experience as an elected judge in Bexar County’s criminal courts, who no longer serve in that capacity, why should you be given another chance to be a criminal court Judge by voters? What, if anything will you do differently this time should you be elected? Lastly, for those who are presently serving as judges in the Bexar County Criminal Courts, what are you most proud of over the course of the last fourt (4) years, and why are you deserving of another four (4) year term? I have been Judge of CC 5 for 18 months. I am prompt in calling dockets, I try to provide needed educational information to lawyers and defendants alike. I work 8am to 5pm+ and hold pre-trial hearings for anyone who requests them. I believe I have been helpful in requiring that those who are eligible for Pre-trial diversion are considered. I treat everyone with dignity and consideration. X Please name three non-lawyers who have inspired how you approach legal questions. My parents (George and Carrie Longoria) who raised me to care about
family, church and community, inspired me by example to acknowledge the dignity of every person. President Jimmy Carter who has shown regard for “the least of our brothers,” including working for Habitat for Humanity and for world peace. XI What is your greatest legal accomplishment? What is your most ŦęčĸęƥîÒĸŰ ŜúşŦłĸÒĭ ÒîĔęúƐúĶúĸŰȬ What is one thing that people do not know about you, which you think would surprise them? My proudest legal accomplishment is helping thousands of people over the course of 42+ years including the opportunity to have a positive impact on many, many people who often could not and did not pay for my services. /[ OQUV UKIPKÑECPV RGTUQPCN achievement is raising a family and serving church and community in a wide variety of capacities. I may have a hard time remembering names but I am plagued with the memory of recalling jokes all the way back to childhood. I don’t forget a good joke. XII Please explain your view of recividivism and how this view does (or would) affect your sentencing decisions? I preside over misdemeanor cases. Recidivism in my court mainly involves DWI, thefts, assaults and possession of drugs. I believe criminal behavior is rooted in lack of quality education and opportunity. I am doing what I can to educate defendants who are convicted by submitting an “informational acknowledgement of probation,” document, and an “informational document on intoxication.” I carefully educate probationers on their EQPVKPWGF QP R
37
386th Criminal District Court
Judge Laura Parker (R)
I
IV
What do you consider to be your view of proper judicial temperament? Please elaborate and discuss.
žĔÒŰ Ă’Ĺ&#x;Ăş ƗłŸĹ&#x; ŞŸÒÄęƼÎÒŰęłĸŌ Òĸô experience in dealing with criminal law matters? Please describe why you believe that you are in the most ŞŸÒÄęƼúô ÎÒĸôęôÒŰú ÄŒĹ‚Ĺ&#x; ŰĔú ĹœĂ’Ĺ&#x;ŰęΟÄĂ’Ĺ&#x; Ä§Ĺ¸Ă´Ä™ĂŽÄ™Ă’Ä Ĺ‚ÄŒĆĽĂŽĂş ŰĔÒŰ ƗłŸ Ă’Ĺ&#x;Ăş ŌúúĪęĸÄ?ČŹ
Treating the parties fairly and with respect is an important aspect of good judicial demeanor. Knowing the law is also important to the fair administration of justice. While there are times when a Judge needs to be strict in order to maintain control over the courtroom, I feel there is no excuse for being discourteous or ill tempered. Proper judicial temperament is paramount when working with juveniles. II What Justice of the Supreme Court of the United States (past or present) ĔÒŌ Ăúúĸ ŰĔú ĜłŌŰ Ä™Ä¸ĆŚĹ¸ĂşÄ¸Ĺ°Ä™Ă’Ä Ĺ°Ĺ‚ the development of your judicial philosophy? Please explain why. I admire Justice Scalia and his views regarding the 4th Amendment and government over-reach. While I do not agree with all of his opinions, his refusal to expand the 4th Amendment to serve a particular outcome will be missed by those of us working in the criminal law arena. III žĔƗ Ă’Ĺ&#x;Ăş ƗłŸ ŌúúĪęĸÄ? ŰĔęŌ Ĺ‚ÄŒĆĽĂŽĂşČŹ I am currently the Judge of the 386th District Court. I am seeking re-election because I enjoy my work and I am dedicated to improving the Juvenile Justice System here in Bexar County and across Texas. Working with kids suits me and I feel that I have made UKIPKĂ‘ECPV EQPVTKDWVKQPU TGICTFKPI VJG use of specialty courts in the juvenile system and disrupting the school to prison pipeline through my work on the Truancy Task Force.
I have over 19 years of direct experience KP VJG Ă‘GNF QH LWXGPKNG NCY [GCTU CU C Juvenile Judge coupled with 2 years as a prosecutor in Juvenile Court. I have DGGP %QCTF >VKĂ‘GF KP ,WXGPKNG .CY D[ the Texas Board of Legal Specialization since 2002, and I have presided over more than 29,000 juvenile cases in my career. I have spent the majority of my 24 year legal career dedicated to making C FKĂ–GTGPEG KP VJG NKXGU QH CV TKUM CPF delinquent youth. V What do you consider to be the ĜłŌŰ ĹŚÄ™Ä?ĸęƼÎÒĸŰ ęŌŌŸúŌ ÄŒĂ’ĂŽÄ™Ä¸Ä? ŰĔú Criminal Courts in Bexar County? What measures or changes (if any) do you believe could help improve the administration of justice within the criminal courts in Bexar County? Finding enough providers to work with the mental health cases in the juvenile justice system is a major issue. Bexar County lacks capacity to address mental health in a meaningful way. Bureaucracy in accessing mental health treatment and medication is one of my main frustrations. I believe that access to early treatment would keep many people out of the juvenile and adult justice systems. VI žĔÒŰ Ă’Ĺ&#x;Ăş ŰĔú ĜłŌŰ ĹŚÄ™Ä?ĸęƼÎÒĸŰ ęŌŌŸúŌ ÄŒĂ’ĂŽÄ™Ä¸Ä? ŰĔú ĹŚĹœĂşĂŽÄ™ĆĽĂŽ łŸĹ&#x;Ĺ° ÄŒĹ‚Ĺ&#x; ƑĔęÎĔ ƗłŸ Ă’Ĺ&#x;Ăş ŌúúĪęĸÄ? Ĺ‚ÄŒĆĽĂŽĂşČŹ ŠÄúÒŌú describe what you plan to do (or have done) to address the issues ƗłŸ ęôúĸŰęƼúôȏ Changing the public’s perception
38
regarding the best way to address juvenile delinquency is a big challenge. For many years, the pendulum shifted in favor of corrections and punishment, and kids were treated much like adult ETKOKPCNU 5EKGPVKĂ‘E TGUGCTEJ JCU shown that a more individualized and therapeutic approach is what works best for kids. To address this challenge I have created 3 specialty court programs over the last 10 years: Restore Court for XKEVKOU QH UGZ VTCĂ”EMKPI &TQUUTQCFU Mental Health Court for Girls and the Post-Adjudication Drug Court. VII What do you consider to be the most important distinction between you and your opponent in this coming election? Why are you the better candidate for this judicial position? To my knowledge, my opponent has no experience in Juvenile Court. She has never appeared in front of me or my colleagues. Experience matters in Juvenile Court. I have the courtroom experience and previous trial experience handling not just the routine cases, but serious felonies, such as: aggravated sexual assault of a child, aggravated robbery and capital murder. I have also sought out numerous training opportunities to improve my knowledge about what the science and data show YQTM VQ TGJCDKNKVCVG [QWPI QĂ–GPFGTU VIII What measures or changes could be made within the Bexar County Criminal Courts in order to improve the administration of justice? What are the greatest impediments to the implementation of such changes in úƖÒĹ&#x; łŸĸŰƗȏ ÄĹŚĹ‚ČŚ ĹœÄúÒŌú ĂĹ&#x;ęúƌƗ set forth what, if anything, would you do in the next four (4) years as a Judge to address these issues? Automatic online voucher submission and payment would be a good Ă‘TUV UVGR Ă— YQWNF CNUQ NKMG VQ UGG
discovery in juvenile cases become more streamlined. There are some EQPĂ‘FGPVKCNKV[ EQPEGTPU KP LWXGPKNG ECUGU that have impeded implementation of online discovery. A legislative change may be needed to accomplish this goal. During every legislative session I have pushed for improvements to the Juvenile Justice Code and plan to do so during the 2017 legislative session. IX If have never been a county or district court Judge in Bexar County, why should the voters entrust ƗłŸ ƑęŰĔ ŰĔęŌ Ĺ‚ÄŒĆĽĂŽÄ™Ă’Ä ĹœĹ‚ĹŚÄ™Ĺ°Ä™Ĺ‚Ä¸ČŚ Òĸô what changes would you make to this Court if you were selected? Alternatively, for those with past judicial experience as an elected judge in Bexar County’s criminal courts, who no longer serve in that capacity, why should you be given another chance to be a criminal court Judge by voters? What, if anything will you do differently this time should you be elected? Lastly, for those who are presently serving as judges in the Bexar County Criminal Courts, what are you most proud of over the course of the last fourt (4) years, and why are you deserving of another four (4) year term? I am most proud of my specialty court RTQITCOU Ă— YCU VJG Ă‘TUV ,WXGPKNG ,WFIG to implement specialty courts for justice involved youth. I began in 2006 with a Drug Court. In 2009 I founded Crossroads Mental Health Court for girls, and in 2013 I established the Restore Court Program for adolescent XKEVKOU QH JWOCP UGZ VTCĂ”EMKPI $U Chair of the Bexar County Juvenile Board, I have taken a leadership role with the operations of the Juvenile Probation Department and I look forward to continuing my service for another 4 years.
X
XIII
Please name three non-lawyers who have inspired how you approach legal questions.
Recently, the Michael Morton Act was passed because its namesake Mr. Morton was wrongfully convicted and imprisoned due to the State whichholding evidence, which was clearly exculpatory in nature from his defense team. Does the new statute go far enough? What (if any) additional measures or duties do you believe a trial judge has to prevent this from happening again?
David Reilly, former Chief of the Juvenile Probation Dept. and current Executive Director of the Texas Juvenile Justice Department, Dr. Tom Stone PhD., psychologist/consultant for juveniles S.C.G., a victim of domestic minor sex VTCĂ”EMKPI XI What is your greatest legal accomplishment? What is your most ĹŚÄ™Ä?ĸęƼÎÒĸŰ ĹœĂşĹ&#x;ĹŚĹ‚Ä¸Ă’Ä Ă’ĂŽÄ”Ä™ĂşĆ?úĜúĸŰȏ What is one thing that people do not know about you, which you think would surprise them? My greatest legal accomplishment was in 2009 when legislation I proposed regarding the expansion of sealing juvenile records was carried by then State Representative, Joaquin Castro, CPF RCUUGF KPVQ NCY /[ OQUV UKIPKĂ‘ECPV personal achievement is raising a happy and well-adjusted 14 year old daughter. A surprising fact about me is that my favorite XM radio station is “First Wave.â€?
I think the Michael Morton Act has made it absolutely clear that unethical behavior on the part of the prosecution will not be tolerated. Even before the Act was passed I held my prosecutors to very high standards regarding discovery and Brady. I routinely ordered the prosecution to provide access, including copies, to documents, reports, UVCVGOGPVU RJQVQU '8'ÆU GVE VQ Respondent’s counsel. I think Judges should be vigilant and if they suspect unethical behavior to call it out and develop the record.
XII Please explain your view of recividivism and how this view does (or would) affect your sentencing decisions? My view of recidivism is that as a Judge, I should make dispositions based on what has been shown to work with kids and not just punish for the sake of punishing. If judges are not educated regarding the science and data regarding best practices for juveniles then opportunities to reduce recidivism will be missed and outcomes will be poor. Accountability must be balanced with rehabilitative opportunities so that the cycle of crime can be broken.
39
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XI
this from happening again?
XII
What is your greatest legal accomplishment? What is your most ĹŚÄ™Ä?ĸęƼÎÒĸŰ ĹœĂşĹ&#x;ĹŚĹ‚Ä¸Ă’Ä Ă’ĂŽÄ”Ä™ĂşĆ?úĜúĸŰȏ What is one thing that people do not know about you, which you think would surprise them?
l appreciate the new accountability for both sides of the bar with the Michael Morton Act. Having had evidence intentionally kept from me as a defense attorney, I would have appreciated the Judge having a true hearing in the matter with appropriate sanctions for the prosectuor. As the gatekeeper, I believe the Judge has the responsibility to inquire where appropriate.
Please explain your view of recividivism and how this view does (or would) affect your sentencing decisions? I view recidivism as nothing more than statistics that are used to “predict relapse of criminal behavior.â€? But I don’t believe an individual’s likelihood to TGQĂ–GPF UJQWNF DG DCUGF QP UVCVKUVKEU Each defendant’s case is unique. Therefore, sentencing decisions, including decisions with regard to rehabilitation and probation, need to be DCUGF QP VJG KPFKXKFWCN RGTUQPÆU QĂ–GPUG and background, not on national statistics. 1287 XIII Recently, the Michael Morton Act was passed because its namesake Mr. Morton was wrongfully convicted and imprisoned due to the State whichholding evidence, which was clearly exculpatory in nature from his defense team. Does the new statute go far enough? What (if any) additional measures or duties do you believe a trial judge has to prevent this from happening again? I believe the law should have been applied retroactively, therefore applying CNUQ VQ ECUGU Ă‘NGF DGHQTG ,CPWCT[ 2014. I believe a trial judge should apply the requirements of the Act to older cases, which I have seen done by many local judges. Additionally, the acknowledgments of discovery that the parties sign when a defendant enters into a plea should be done before the commencement of every bench or jury trial so that there is a record of all the discovery given to a defendant and an opportunity to remedy any potential appealable discovery issues before a jury is sworn.
I have received several local and national judicial awards, and although I am eternally grateful for them, the greatest accomplishment is when a client who you’ve represented is set on the right path, redeemed or renewed. That is also true when a Defendant’s life is positively changed by your decisions on the bench or a victim is given peace of mind. I believe my children are my OQUV UKIPKÑECPV RGTUQPCN CEJKGXGOGPV - I am proud of their hearts and minds, both of them being advocates for others at school, personally and in the community. I believe most people would be surpised to know that I write ETGCVKXGN[ ÑEVKQP CPF RQGVT[ CPF × OCMG great Sangria. XII Please explain your view of recividivism and how this view does (or would) affect your sentencing decisions? In my position as Municipal Court Judge for almost 10 years, I intitated and ran the Teen Court, along with two other early intervention programs which successfully deterred teens in San Antonio from recidivating. I am also very familiar with Evidence Based Practices in our Probation Department and understand the science behind assessments and appropriate programming. Understanding the above is added knowledge that can assist me in making decisions in sentencing, but as a Judicial Candidate it is not appropriate for me to respond as to JQY VJKU YQWNF CÖGEV O[ UGPVGPEKPI decisions. XIII
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YKNN TGĂ’GEV C UGPUG QH KORCTVKCNKV[ CPF justice. As a parent, we are often the gauge by which our children measure their decisions and lives. I know that every legal decision can have a powerful impact on their futures both personally and generally.
40
Recently, the Michael Morton Act was passed because its namesake Mr. Morton was wrongfully convicted and imprisoned due to the State whichholding evidence, which was clearly exculpatory in nature from his defense team. Does the new statute go far enough? What (if any) additional measures or duties do you believe a trial judge has to prevent
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/[ OQUV UKIPKĂ‘ECPV RGTUQPCN achievement is having beaten cancer. And it might surprise people to know that I used to be a pretty good tennis player. XII Please explain your view of recividivism and how this view does (or would) affect your sentencing decisions? I view recidivism as nothing more than statistics that are used to “predict relapse of criminal behavior.â€? But I don’t believe an individual’s likelihood VQ TGQĂ–GPF UJQWNF DG DCUGF QP statistics. Each defendant’s case is unique. Therefore, sentencing decisions, including decisions with regard to rehabilitation and probation, need to be DCUGF QP VJG KPFKXKFWCN RGTUQPÆU QĂ–GPUG and background, not on national statistics. 1287 XIII Recently, the Michael Morton Act was passed because its namesake Mr. Morton was wrongfully convicted and imprisoned due to the State whichholding evidence, which was clearly exculpatory in nature from his defense team. Does the new statute go far enough? What (if any) additional measures or duties do you believe a trial judge has to prevent this from happening again? I believe the law should have been applied retroactively, therefore applying CNUQ VQ ECUGU Ă‘NGF DGHQTG ,CPWCT[ 2014. I believe a trial judge should apply the requirements of the Act to older cases, which I have seen done by many local judges. Additionally, the
acknowledgments of discovery that the parties sign when a defendant enters into a plea should be done before the commencement of every bench or jury trial so that there is a record of all the discovery given to a defendant and an opportunity to remedy any potential appealable discovery issues before a jury is sworn.
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XI What is your greatest legal accomplishment? What is your most ĹŚÄ™Ä?ĸęƼÎÒĸŰ ĹœĂşĹ&#x;ĹŚĹ‚Ä¸Ă’Ä Ă’ĂŽÄ”Ä™ĂşĆ?úĜúĸŰȏ What is one thing that people do not know about you, which you think would surprise them? 1. My greatest legal accomplishment is that I have worked as both a prosecutor and a defense attorney. I have enjoyed developing the balance and prespective that comes from working on both sides. It is quite literally an eye-opening experience. 2. My greatest personal achievement is VJCV Ă— TCP O[ Ă‘TUV HWNN OCTCVJQP NCUV year, on South Padre Island. I was 41 years old. 3. A surprising thing about me is that I want to compete in The Amazing Race. I have always wanted to with my husband, but now my son gives me a second choice for a potential teammate. XII Please explain your view of recividivism and how this view does (or would) affect your sentencing decisions? I chose to run for Judge of County &QWTV DGECWUG CP GĂ–GEVKXG ,WFIG can help slow down the revolving door QH TGRGCV QĂ–GPFGTU &QWPV[ &QWTV KU a misdemeanor court. It hears mostly cases involving alcohol, drugs, DWI’s, assaults, and thefts, with sentences ranging from community supervision to one year in jail. County Court 5 is the Ă‘TUV UVGR CPF QRRQTVWPKV[ HQT C LWFIG VQ KORTGUU QP VJG QĂ–GPFGT VJG KORQTVCPEG of staying out of trouble or face a harsh EQPUGSWGPEG HQT VJG QĂ–GPUG VJG[ commit. It is at this level that a judge can stop the revolving door of crime before it escalates, by rehabilitating the
ones we can, and putting the ones that need tough discipline in jail. XIII Recently, the Michael Morton Act was passed because its namesake Mr. Morton was wrongfully convicted and imprisoned due to the State whichholding evidence, which was clearly exculpatory in nature from his defense team. Does the new statute go far enough? What (if any) additional measures or duties do you believe a trial judge has to prevent this from happening again?
it. The basic skeleton is there for judges to require fair treatment of the accused. If defendants believe they are being FGPKGF UWÔEKGPV FKUEQXGT[ VJG[ JCXG to raise the issues. The current statute has certainly received the attention of prosecutors.
The Michael Morton Act can certainly be enhanced by the trial judge. In addition to requiring that all parties, including the Defendant, sign the Discovery Acknowledgement, the judge should make inquiries regarding discovery on the record, at every setting. Keith Hampton wrote a great article, “The Michael Morton Act’s Undiscovered Country.â€? In it, he points out a couple of areas that should be used and that need improvement. Allowing the judge in EQWPV[ EQWTVU VQ TGXKGY QĂ–GPUG TGRQTVU would help get rid of cases that have no merit. Remedies for late disclosures of discovery by the trial judge should include mandatory continuances for investigation, and of course, exclusion of the late disclosed evidence.
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requirements. I supervise carefully those under probation. I am strict; but, I am not tyrannical. I am particularly concerned in regard to repeat DWI QĂ–GPFGTU Ă— NKUVGP ECTGHWNN[ VQ CVVQTPG[U and those convicted. XIII Recently, the Michael Morton Act was passed because its namesake Mr. Morton was wrongfully convicted and imprisoned due to the State whichholding evidence, which was clearly exculpatory in nature from his defense team. Does the new statute go far enough? What (if any) additional measures or duties do you believe a trial judge has to prevent this from happening again? Judges are the ultimate “gatekeepersâ€? in regard to evidence. The new statute goes as far as judges are willing to take
41
Motion to Quash the Complaint and Information CAUSE NO. ########
THE STATE OF TEXAS
§ § § § §
vs. NAME NAME
IN COUNTY COURT AT LAW NO. #### BEXAR COUNTY, TEXAS
MOTION TO QUASH THE COMPLAINT AND INFORMATION TO THE HONORABLE JUDGE OF SAID COURT: &1/(5 019 0$/( 0$/( D[ CPF VJTQWIJ JKU CVVQTPG[ QH TGEQTF CPF ÑNGU VJKU /QVKQP VQ 3WCUJ VJG &QORNCKPV CPF ×PHQTOCVKQP in this case pursuant to Article 27.03(1) of the Texas Code of Criminal Procedure. As grounds in support thereof, the Defendant would show the following: I. 0$/( 0$/( YCU EJCTIGF KP VJKU &QWTV D[ KPHQTOCVKQP YKVJ VJG HQNNQYKPI QÖGPUG VQ YKV 1P QT CDQWV '$6( 0$/( 0$/( JGTGKPCHVGT TGHGTTGF VQ CU FGHGPFCPV YJKNG QRGTCVKPI C XGJKENG VJCV EQNNKFGF YKVJ CPF FCOCIGF CP WPCVVGPFGF XGJKENG FKF KPVGPVKQPCNN[ CPF MPQYKPIN[ HCKN VQ KOOGFKCVGN[ UVQR CPF NQECVG VJG QRGTCVQT QT QYPGT QH VJG WPCVVGPFGF XGJKENG PCOGN[ 0$/( 0$/( JGTGKPCHVGT TGHGTTGF VQ CU EQORNCKPCPV CPF IKXG VJG EQORNCKPCPV VJG FGHGPFCPVÆU PCOG CPF CFFTGUU CPF VJG PCOG QH VJG QYPGT QH VJG XGJKENG YJKEJ FGHGPFCPV YCU QRGTCVKPI CPF FKF HCKN VQ NGCXG KP C EQPURKEWQWU RNCEG KP QT UGEWTGN[ CVVCEJGF KP C RNCKPN[ XKUKDNG YC[ VQ VJG WPCVVGPFGF XGJKENG C YTKVVGP PQVKEG IKXKPI VJG FGHGPFCPVÆU PCOG CPF VJG PCOG QH VJG QYPGT QH VJG XGJKENG YJKEJ FGHGPFCPV YCU QRGTCVKPI CPF C UVCVGOGPV QH VJG EKTEWOUVCPEGU QH VJG EQNNKUKQP CPF VJG FCOCIG VQ CNN XGJKENGU KPXQNXGF YCU QT OQTG CICKPUV VJG RGCEG CPF FKIPKV[ of the State. II. $P KPHQTOCVKQP OWUV DG DCUGF WRQP VJG CÔFCXKV QH C ETGFKDNG RGTUQP 6JKU CÔFCXKV KH EJCTIKPI C RGTUQP YKVJ VJG EQOOKUUKQP QH CP QÖGPUG KU ECNNGF C ÈEQORNCKPV É 6(: &1'( &4×/ 241& $00 CTV 8GTPQP 'GHGEVU KP VJG EQORNCKPV OWUV DG raised before trial. Aguilar v. State, 846 S.W.2d 318, 320. 0Q KPHQTOCVKQP UJCNN DG RTGUGPVGF WPVKN CÔFCXKV JCU DGGP OCFG D[ UQOG ETGFKDNG RGTUQP EJCTIKPI VJG FGHGPFCPV YKVJ CP QÖGPUG 6(: &1'( &4×/ 241& $00 CTV 8GTPQP ×P 'GHGPFCPVÆU ECUG VJG KPHQTOCVKQP KU FGHGEVKXG DGECWUG KV KU PQV DCUGF WRQP C XCNKF EQORNCKPV VJCV UWRRQTVU VJG QÖGPUG EJCTIGF KP VJG KPHQTOCVKQP 6JG EQORNCKPV KP VJKU ECUG QPN[ EJCTIGU 'GHGPFCPV YKVJ VJG RWTRQTVGF QÖGPUG QH È)$×. *×8( 016×&( 70$66(0'(' 8(+×&.( É The complaint and the information do not have to have the same phraseology or degree of particularity; however, the EQPUVKVWGPV GNGOGPVU QH VJG QÖGPUG OWUV CRRGCT KP DQVJ FQEWOGPVU Caves v. State, 2016 Tex. App. LEXIS 6023, 2016 WL 6GZ $RR Ã RGV FKUE TGX ÑNGF $WI Hardy v. State, 161 Tex.Crim. 637, 638, 279 S.W.2d 345 (1955) (citing Toliver v. State, 158 Cr. R. 223, 254 S.W.2d 388 (1953)). In Defendant’s case, the complaint only alleges an abbreviated allegation, ETKOKPCN QT PQV VJCV ECPPQV UWRRQTV VJG KPHQTOCVKQP DGECWUG KV FQGU PQV JCXG VJG EQPUVKVWGPV GNGOGPVU QH VJG QÖGPUG VJCV KU charged in the information. ×F
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GIVE ME SPECIFIC DETAILS OF WHY THE COMPLAINT IS TOO VAGUE, DOESN’T MATCH CRIME IN INFORMATION, ETC. A valid complaint is a prerequisite to a valid information and without the valid complaint an information is worthless and cannot sustain a conviction. See Bender v. State, 171 Tex. Crim. 628, 353 S.W.2d 39 (Tex.Crim.App. 1962); Williams v. State, 133 Tex. Crim. 39, 107 S.W.2d 996 (Tex.Crim.App. 1937). III. WHEREFORE PREMISES CONSIDERED, Defendant prays that the Court quash the information in this case because it is based on a defective complaint and quash the complaint because it does not state with what criminalized act or omission Defendant is being charged.
4GURGEVHWNN[ UWDOKVVGF .$9 1))×&( 1) $'$/ ,1+0 &4$95+$9 2..& 630 Broadway Street 5CP $PVQPKQ 6GZCU QHE HCZ By:___________________________________________________
$FCO &TCYUJCY 5%0 CFCO#ETCYUJCYNCY EQO
CERTIFICATE OF SERVICE This is to certify that on DATE a true and correct copy of the above and foregoing Motion to Quash the Complaint and ×PHQTOCVKQP YCU UGTXGF QP VJG %GZCT &QWPV[ 'KUVTKEV $VVQTPG[ÆU 1ÔEG XKC JCPF FGNKXGT[ in accordance with the Texas Rules of Procedure. __________________________________________________ Adam Crawshaw
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