Texans are still living the ethical, political and economic nightmares left to us by former U.S. Rep Tom DeLay. Now, there's a fast-growing DeLay-related scandal darkening the already tainted reputation of Texas judges. Texas courts are dominated by the same special interests who purchased the legislature and the governor's mansion -- homebuilders like Bob Perry, anti-public school millionaire James Leininger, swift-boat finance captain Harold Simmons.
The sewers have backed up into Texas courtrooms. They need draining and cleaning. Sadly, it's not the special interests or their bought-and-paid for judges who are drowning in the unethical effluent of one-sided rulings that make a mockery of impartial justice. It's the people of Texas who suffer.
Before going on, let me say quickly that that not all Texas judges are lost in this swamp. There are good judges. There are courtrooms where fair trials still take place. God bless them. They know who they are, and the lawyers who practice in their courts -- and the citizens who seek justice there -- they also know fairness and impartiality when they see it.
Have judicial ethics in Texas fallen so far that it is considered proper for a judge to rule on a motion involving defendants he previously counseled in a case he criticized?
The answer is yes, judicial ethics have fallen that far. On Tuesday, as Laylan Copelin of the Statesman reported today, Travis County District Attorney formally asked Third Court of Appeals Judge Alan Waldrop to recuse himself from a money laundering case against two DeLay associates. Waldrop had represented Texans for Lawsuit Reform, a group implicated in the scandal, and criticized the criminal investigation and indictments in the campaign finance scheme. Now on an appeals court, he sits in judgment on the case
As we noted yesterday, Waldrop and his colleagues have received a good deal of money from people who'd like to see the criminal cases go away. After all, the alleged crimes -- the pursuit of which at least led to DeLay's resignation from Congress -- also led to the speakership of their errand boy, Tom Craddick, who hasn't been forced from office. Yet.
As we've seen, the corruption is not limited to the Third Court of Appeals. No, it's system wide. It's time for those who care about justice, who know that democracy depends upon it, to drain the swamp. Maybe, finally, DeLay will be pulled down the drain along with the rest of the ugly special interests who have nearly ruined our state.
(And now you understand the importance of electing Woodie Jones to the 3rd Court of Appeals. - promoted by Karl-Thomas Musselman)
It appears the Third Court of Appeals has voted along partisan lines to deny a rehearing of the case against James Ellis and John Colyandro. Details about the denial are contained in an article by the Houston Chronicle.
It appears the reason for denial is that at the time of the incident the Texas law applied to cash and not checks based on definition of money laundering prior to 2005. In 2005 checks, electronic funds, and other forms of payment were added to the money laundering statute. In other words a technicality in how the law was constructed may force the prosection to dismiss the charges. Tom DeLay faces a siimilar case so the results of this case, especially along these lines, may result in his case being thrown out.
Interestingly enough the Court did uphold the Texas Election Code that Ellis and Colyandro challenged. So according to the decision they did violate the code but did so using financial instruments not covered under money laundering statutes at the time of committing the acts.
Earle is considering whether to ask for a rehearing or appeal the decision to the Court of Criminal Appeals. Justice Dianne Henson, a Democrat, provided the dissent.
Absurdly it looks like that if this is upheld Tom DeLay will get off free on the charges without ever having to really deal with the matter. While the reason for denial of rehearing is a technical point the public can only see this as vindication of Tom DeLay.
Texans for Public Justice has filed a complaint with current Travis County District Attorney Ronnie Earle alleging that Tom Craddick has or attempted to bribe legislators.
According to Quorum Report the, "question has always been whether or not the PAC violated the Speaker Statute that says either contributing or withholding a campaign contribution based on support or opposition to a Speaker candidate was legislative bribery. The eleventh hour activation of the PAC as well as Craddick's seed money participation takes the questions another step."
The PAC in questions is the Texas Jobs PAC. The PAC has been financed with $250,000 of Tom Craddick's money and the PAC's President and CEO is Republican operative Jim Cardle.
There have already been two stories surround the Texas Job PAC and Craddick D's Kevin Bailey (who accepted money from the PAC) and Dawnna Dukes (who is pledged to Craddick but did not take his bribe).
Democratic State Rep. Dawnna Dukes considers her ties with Republican House Speaker Tom Craddick so sensitive that she turned down a $50,000 contribution from a political action committee tied to Craddick.
But Houston Democrat Kevin Bailey didn't.
Both were among a group of Democrats whose support for Craddick last year helped quell a Republican rebellion that sought to oust him from the speaker's post.
Both face opponents who charge that their ties with the conservative Craddick go against the interests of their low-income, heavily Democratic districts.
Brian Thompson commented on the Texas Jobs PAC last week and the possible quid pro quo saying:
"This sounds like Rep. Dukes is acknowledging that $50,000 was linked to a vote for Speaker of the Texas House," said Brian Thompson, the Democratic candidate who is challenging Dukes in HD 46. "Our ethics laws do not look too favorably on a $50,000 quid pro quo."
We will keep our eyes on this story as it develops. The full complaint can be found here.
Update: Scott Cobb pointed out that since the Fox interview, Rick Reed has come out in support of a moratorium on the death penalty. He has additionally given this statement several time:
I have decided to publicly support a moratorium on the death penalty in Travis County. If I am elected District Attorney of Travis County I will not authorize the office to seek the death penalty during my tenure.
Rick Reed, one of four candidates seeking to replace Earle, resigned Monday from his job as an assistant district attorney on the heels of his assertion that he was the only prosecutor in the office who wanted to present DeLay's case to a grand jury in 2005.
My initial impression was that Rick Reed was forced to resign over statements regarding Tom Delay, but a second read indicated something very different.
I contacted both Rick Reed and District Attorney Ronnie Earle for comments, however, only Rick Reed responded, therefore I have no comment on the District Attorney's side of the story. For those of you that don't know who Rick Reed is, he has been with the Travis County District Attorney's office for 9 years. Before this he spent 12 years with the Dallas County District Attorney's office, where he was the Democratic Party nominee for Dallas County Criminal District Attorney in 1998.
Mr. Reed is also the only Travis County DA candidate to have come out against the death penalty. His reservations are personal, however, and he agrees with the other three candidates that as District Attorney, he has to follow the letter of the law. Additionally from this interview with Fox 7 News Austin, Mr. Reed stated that while he feels it is time to seriously consider taking capital punishment out of our laws, he does not want to put himself in a position to deny a victim's family their legal right to have the death penalty considered. No other candidate has stated that they are against the death penalty.
On Monday, Mr. Reed took another step towards setting himself apart from the other candidates with his resignation. Mr. Reed pointed out that his resignation was in no way forced. His decision to resign began two weeks ago with the issuing of a memo by Ronnie Earle, reminding all candidates not to comment on the details of any pending cases. This memo was likely drafted because of Mr. Reed's reference to the Tom Delay case. His web site states that:
In 1999, Rick's career brought him to Travis County, where Ronnie Earle initially hired him to pursue felons. Soon, however, Rick's talents were focused in the Public Integrity Unit.
In that capacity, Rick had the responsibility of investigating and prosecuting public officials statewide.
Here is where Tom DeLay met his match.
When many of his colleagues were reluctant to take on the high-profile case, Rick Reed doggedly pushed forward.
When I asked Mr. Reed about the Tom Delay issue, he stated:
I felt that Tom Delay's case was at risk of being handled differently than a working class person's would have been, and I don't agree that Tom Delay's case should be handled differently, simply because of his status in the community.
After a week - on Friday, January 25 - during which Mr. Reed did not remove this comment from his web site, Ronnie Earle issued this memo:
"Media Contact
Comments to the press will be made only by the District Attorney, First
Assistant District Attorney or the division directors, or under their direction;
except that any attorney may answer a question from the press if the answer
is only a statement of what has occurred in open court or appears as a matter
of public record."
As Mr. Reed put it:
I was directed to have all statements approved by Ronnie Earle or Rosemary Lehmberg.
Ms. Lehmberg is the head Assistant District Attorney and an opponent of Rick Reed's. For Mr. Reed, this was the last straw. He spent the weekend discussing options with family and close friends, and on Monday morning, he sent this resignation letter to Mr. Earle. Mr. Reed emphasized that his resignation was not discussed in advance with Mr. Earle, and was an act he felt was necessary for continued service of the people of Travis County. Here is an excerpt:
January 28, 2008
Honorable Ronald Earle
District Attorney, Travis County
509 W. 11th Street
Dear Mr. Earle:
A famous teacher once reportedly counseled his followers, "No man can serve two masters." During the past several weeks, it has become increasingly evident that I cannot continue to serve both as a candidate for Travis County District Attorney and as an employee of the Travis County District Attorney's Office. Either I must surrender my independence as a candidate, and with it my candidacy itself, or I must surrender my position as Assistant District Attorney.
In other words, Mr. Reed felt he was given an ultimatum - break the rules [set forth in Mr. Earle's memos] or fail in his service to the community. He felt that neither would do, and resigned.
Until now, Rick Reed has not gained much momentum, or been considered a front-runner in this race. I don't know if he will even now, but one thing I can say is that his actions have begun to give him a reputation as a progressive, principled Democrat, not afraid to take the moral high-ground. Whether or not this reputation gives him traction, should be apparent by next week's DA candidate forum. I for one am looking forward to whether or not this unexpected shift will add some strength to Rick Reed's candidacy and change the balance of the race.
The Austin Political Report, one of my favorite new blogs on the block, confirms the news from this morning's press conference.
As expected, Travis Co. DA Ronnie Earle has endorsed Rosemary Lehmberg in the four-way race to succeed him. During a news conference at the Courthouse this morning, he said Lehmberg "has had a greater role in the success of the Travis County District Attorney's Office than any other single person."
Lehmberg joined the office six months before he did, Earle noted, and "has been the director and supervisor of every division of this office. For the past ten years as First Assistant Travis County District Attorney she has supervised the work of all these divisions."
In a race that has yet to be noted by any major developments, endorsements, or direction among the Austin political class- Earle's endorsement is certainly a major assist. It's likely the race (which is very fluid) will go to a runoff and today's endorsement certainly increases the odds that Lehmberg will be in it.
The question has been whether Ronnie would endorse a possible successor and if so, who would it be. A press announcement just hit my e-mail box, and I think the question is going to be answered tomorrow.
From the announcement:
Travis County District Attorney Ronnie Earle and first assistant Rosemary Lehmberg will hold a news conference on Monday to announce a major campaign development. Earle has announced his retirement, and Lehmberg is running to replace him.
The news conference is scheduled for:
10:00 AM
Monday, January 7
Plaza, Blackman/Thurman Criminal Justice Center
509 W. 11th
Gary Cobb has become the first to formally announce his candidacy to replace District Attorney Ronnie Earle (ed. note- Rick Reed filed his paperwork on the 14th but we are unawares of an official statement on his behalf). Cobb is an assistant district attorney and has worked with Earle.
The Statesman recently profiled the likely entries and had this to say about Cobb:
Grew up in Mississippi before attending the University of Texas School of Law from 1983 to 1986. He's been a prosecutor at the Travis County district attorney's office since 1990.
Among his many prosecutions, Cobb got a life sentence against George Weldon Smith, a Del Valle youth coach, for sexually abusing a young boy for four years. He also prosecuted Celeste Beard, who was sentenced to life for plotting to have her wealthy husband killed for his money.
Cobb said he would encourage prosecutors to get involved in the community to build trust.
"Ronnie Earle has established a tradition of responding to the community," Cobb said. "We need to be more pro-active."
With Earle retiring this easily becomes one of the most interesting races this primary season.
(This will be an interesting race as the field of candidates develops. I'm curious if the BOR audience sees this as an issue in the race or not. - promoted by Karl-Thomas Musselman)
Travis County District Attorney Ronnie Earle is retiring. He was first elected in 1976. The next DA in Travis County should reflect how the Travis County community's feelings on the death penalty have evolved since 1976 and pledge that the death penalty is off the table within Travis County.
Last October when Paul Burka first reported that Earle may be retiring, Burka wrote that "a DA is supposed to be the conscience of the community", which brings up the issue of to what extent the conscience of the community in Travis County has changed since 1976.
I expect it has changed enough that any person who seeks the Democratic nomination for Travis County District Attorney in 2008 is going to have to seek the support of voters within a community whose conscience does not include support for the Texas death penalty. Of course, there are voters here who support the death penalty in theory, but there are many more whose theoretical support is trumped by their disgust with how the death penalty operates in Texas. And in Travis County, there is also a substantial bloc of voters who reject the death penalty both in theory and as it is practiced.
I am certain that a big majority of Democratic voters, if not all voters, in Travis County believe that the death penalty system in Texas is broken.
There is a precedent already in Texas for a district attorney to declare a county-wide moratorium on death penalty prosecutions. The Nueces County District Attorney’s Office put a hold on seeking the death penalty in capital murder cases last October in light of the U.S. Supreme Court’s decision to hear a case that questions whether lethal injection is cruel and unusual punishment.
But I expect the people of Travis County know that the problems with the death penalty system are bigger and deeper than just the issue of how a lethal injection is administered. The Texas death penalty system is riddled with problems from start to finish, from the initial investigation and arrest, the process used to decide whether to seek the death penalty, the actual prosecution and defense of a capital trial, the appeals process and the manner in which an execution is finally carried out.
The most fundamental problem is perhaps an inability to distinguish with certainty whether a person is guilty or innocent. If a system can not ensure that the guilty are convicted and the innocent protected, then the death penalty should be off the table. The need for local prosecutors to impose a moratorium on death penalty prosecutions is particularly great because of the failure of state leaders to enact a moratorium and create a commission to study the death penalty. In fact, the state legislature would not even create an innocence commission.
I am sure that the people of Travis County are very comfortable with life without parole as an alternative to the death penalty. Any candidate who seeks to become district attorney in Travis County should pledge not to seek the death penalty. Life without parole is a valid alternative. In a contested Democratic primary in Travis County, a candidate who acknowledges that the death penalty system in Texas is riddled with problems and puts innocent people at risk of execution is likely to be rewarded with votes.
This sets off what will now be one of Travis County's hottest races.
As many as half-a-dozen Democrats are mentioned as possible candidates. Three prosecutors from within Earle's office might make the race: Rick Reed, 52, who joined Earle's staff after losing a 1998 race for Dallas County district attorney; Gary Cobb, 46, who's been a prosecutor since 1990; and Mindy Montford, 37, who worked in the Harris County District Attorney's Office before joining Earle's staff in 1999. She is the daughter of former state Sen. John Montford.
Outside Earle's staff are three possible candidates: Jeanne Meurer, 54, retiring this year as state district judge; and Randy Leavitt, 53, a longtime defense attorney who became the first assistant county attorney in 2004.
And it may not be the end of the line for Ronnie Earle in public service.
By retiring, he would be available for a gubernatorial bid in 2010.
It would be his first statewide campaign - and a longshot at that - but it would give Earle, who has a populist streak, the opportunity to speak out on issues other than criminal justice. In court he once accused corporations of trying to buy state elections, likening them to robber barrons and facists.
And there are always those Supreme Court and Court of Criminal Appeals seats still open...
The decision that many in local political circles have been awaiting will apparently be announced within the next 24 hours. Burnt Orange Report has learned that Travis County District Attorney Ronnie Earle has reached a decision as to whether he is running for re-election or not. We will not divulge what that decision is at this time out of respect to Mr. Earle, his office, and the prospective candidates. It is not our intention to disrupt Ronnie Earle's announcement on his own terms.
But this is the Burnt Orange Report where you expect us to inform you of major Texas political announcements ahead of the curve. We will keep you posted on this story as it develops.
