Dallas Bar Association
HEADNOTES
Focus Antitrust & Trade/Government Law
June 2014 Volume 39 Number 6
Focus
Law Day Luncheon
Antitrust & Trade/Government Law
How Governments Can Prevent Their Own HealthCare.Gov Debacle by Eileen Youens
On May 2, local judiciary and attorneys attended the 2014 Law Day Luncheon at which Hon. Jennifer Walker Elrod, of the U.S. Court of Appeals for the Fifth Circuit, served as the keynote speaker. In addition to awards presented to the winners of the Law Day Dallas ISD art and essay contests, the Dallas Association of Young Lawyers presented awards for Outstanding Mentor, Outstanding Young Lawyer and the Liberty Bell Award.
Focus
The October 2013 launch of HealthCare.Gov has become the poster child for everything wrong with federal procurement of information technology (IT). Large IT projects are challenging to procure and manage for experienced private sector companies. These projects are even more challenging for government entities, which are constrained by additional laws and regulations. This article outlines the hurdles that governmental entities face when procuring and managing IT contracts, and suggests some ways that governmental entities can overcome the problems that led to the botched launch of HealthCare.Gov. Government contracts are regulated more heavily than private contracts because taxpayers want their tax dollars spent efficiently (paying as little as possible to get “just good enough” goods and services) and want the government contracting process to be fair. To ensure efficiency and fairness, statutes and regulations governing public pro-
curement (the process of obtaining goods or services for governmental entities) are written to foster competition, transparency, and costconsciousness (e.g., requiring public advertisement of contract opportunities). The procurement of IT is particularly challenging for two reasons. First, most governmental entities lack up-to-date IT knowledge and expertise. They cannot afford to employ IT experts, and the fast pace of change in IT makes it challenging for staff to stay current. This means that it is difficult for governmental entities to know what to ask for from IT vendors, to evaluate proposals from IT vendors, and to monitor IT contract performance. Second, it is difficult to write a solicitation— the document that tells potential vendors what the governmental entity is looking for—with enough detail to solicit proposals that can be compared fairly, but with enough flexibility to allow IT vendors to develop innovative proposals using the experience and knowledge that continued on page 13
Antitrust & Trade/Government Law
Look Out for Change at the Dallas Municipal Courthouse by Kimberly M. Gonzalez
Lawyers who do not specialize in criminal law may still find themselves at the Dallas Municipal Courthouse defending a class C misdemeanor like a speeding ticket. If you find yourself in that situation, you should know about changes to state laws, the local rules and even technology at the courthouse. The 2013 Legislature made changes to the Transportation Code and the Code of Criminal Procedure. Highlights of the changes follow, but for a more in-depth treatment of these changes, see the Texas Municipal Courts Education Center website (www.tmcec.com). Most of the changes were made to the Transportation Code. For the most part, the additions and changes either toughen existing laws or clarify enforcement provisions. Section 545.4252 of the Transportation Code creates a new distracted driving offense by expanding the area on school property where a driver cannot use a wireless communication device. Drivers on school property— at times when a reduced school zone speed
limit is in effect—cannot use a wireless device on any school property when not parked or stopped. This area includes a school parking lot and pick-up or drop-off areas even when there is no warning sign. One of the more notable changes in the Transportation Code was made to the section on child safety seat violations, which makes it more difficult for the driver to get a compliance dismissal. To convince a judge to dismiss the ticket, the defendant must show the court that: (1) the officer did not issue any other tickets during the same traffic stop; (2) the stop did not involve an accident; (3) the defendant purchased a child safety seat after the violation; and (4) the defendant did not own that child safety seat before the violation date. To strengthen enforcement for one violation, the Legislature corrected an error it made in 2011 when it inadvertently removed the penalty for driving without front and back license plates. The fine is now set at a maximum of $200. While most of the changes toughened the Code, the Legislature did help drivers avoid tickets in at least one area. While
proof of compliance is not permitted after a ticket, police officers may now accept electronic proof of insurance on a cell phone to show proof of financial responsibility. In addition to the Transportation Code changes, the Legislature also made changes to the Code of Criminal Procedure. These changes focus on a defendant’s rights. Whether you are defending a traffic ticket or a penal code violation like a misdemeanor class C assault, the law of discovery changed for violations after January 1, 2014. The Michael Morton Act, which essentially codifies an open files policy, applies to all criminal cases. The Local Rules require that a written request be filed at the City Attorney’s Office in the Municipal Courthouse and also filed with the Clerk. The request should be filed no later than 21 days prior to a hearing unless good cause is shown. The State is given 14 days prior to the hearing to respond. To protect a defendant’s right to counsel, a public trial, and other rights with a so-called “jail house plea,” a judge must grant a motion for a new trial if it is filed within 10 days after
Inside 5 Antitrust Basics for Transactional Lawyers 6 DBA Pro Bono Golf Tournament 11 Private Antitrust Actions: Important Considerations 13 The Federal Trade Commission at 100
a judge renders judgment and sentence. Even if you become familiar with the substantive law of your case, the local rules may catch you by surprise. The City of Dallas publishes the rules on the Dallas City Hall website. It might surprise you that a pre-trial hearing precedes every case, at least 21 days prior to trial. If you wish to save time and know your client wants to plead, you may want to handle the matter in the off-docket walk-in court. Perhaps the biggest changes at the Courthouse have nothing to do with the law. The building was remodeled to accommodate the University of North Texas Dallas College of Law. Pleas are now accepted and processed virtually paperless. (You will receive a paper copy for your client.) Some of the courtrooms have Elmos, and all of the courtrooms have projectors you can use with a computer with a VGA port. As in any court, a successful attorney uses the law and technology to his or her advan HN tage. Kimberly M. Gonzalez is an Assistant City Attorney and can be reached at kimberly.gonzalez@dallascityhall.com.
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