"The dark shadow of corruption of our judicial system hangs over this case," Travis County District Attorney Ronnie Earle said Monday, referring to the Texas 3rd Court of Appeals opinion that Tom DeLay's money launderers didn't really launder money because they used checks. Drug dealers throughout the state can rejoice. Turn those street dollars into checks and, well, you're safe as a crooked politician.
Despite the fact that turning ill-gotten cash into checks is a favorite laundering tactic of drug dealers and political criminals alike, the court said checks aren't "funds" under Texas law, and so transactions involving them can't be prosecuted.
The case involves indictments against two of DeLay's associates in the notorious 2002 campaign financing scheme that also resulted in DeLay's indictment and forced resignation from Congress. Earle's strong comments came in an appeal of the bizarre, Alice-In-Wonderland 3rd Court opinion.
There is no better example of the sickening corruption that has infected the Texas Courts from top to bottom since they became dominated by special interests who also control the legislative and executive branches. The courts are out of balance, and the corruption so thoroughgoing, so accepted as business as usual, that it can be hard to grasp.
But it is destroying the rule of law here, denying average Texans access to justice as the elite special interests who bought these judges escape accountability and responsibility for the harm they do all of us.
In one of the worst opinions ever issued by the Texas Supreme Court, the Court today held that, if you are injured by a church, you are screwed.
The decision will have profound implications for every type of tort case that could be brought against a church, although the six justices in the majority seem to think it only involves cases where the injury was the result of some doctrinal action of the church--in this instance, an exorcism.
Columnist B.K. Carter, who writes "Bev's Corner" for the Fort Bend/Southwest Star, has pulled back the curtain on the sordid Bob Perry family drama playing out in Sugar Land.
This might not be news to their neighbors, but the Perry's family values should be news to the rest of the state and the nation, since Perry bribed the Texas Supreme Court with $260,000 in campaign contributions, in return for which the court overturned an $800,000 verdict against the homebuilder.
Besides his hostile takeover of the Texas Supreme Court, Perry financed Texas House Speaker Tom Craddick's speakership and the notorious swift boat attacks on John Kerry in 2004. He's the nation's top Republican donor in recent years. And now we find out that his own son, Will, once described the elder Perry as an abusive alcoholic father and husband who caused Will's own problems with sexual addiction -- an addiction that led the son to frequent visits with prostitutes.
Bob Perry's Supreme Court judges and House candidates financed by Perry and others (through PACs controlled by Tom Craddick), will find themselves explaining to their voters why they continue to take money from someone with more skeletons than can be hidden in all the closets in all the homes the homebuilder builds.
Don't worry if you're internet is down. All this is certain to appear in direct mail before too long.
From "Bev's Corner":
Will Perry testified that he had made some bad business decisions and hadn't made any money since a date that coincides with the breakup of his partnership with Dave Wallace and Costa Bajjali. He admitted that even though he receives $29,500 each month from a trust fund, that doesn't cover the household expenses.
Under questioning by Laura Perry's attorney, Will Perry admitted he has been a sexual addict for many years, but had quit attending Sex Addicts Anonymous in January, 2008. He said he had sex with "probably" 20 prostitutes since his marriage. During this testimony, Mrs. Perry left the courtroom and her uncontrollable sobs in the hall could be heard inside.
A chart in Will Perry's handwriting that he had drawn several years ago tracing his sexual addiction blamed his sexual addiction problems on his father who he claimed was an alcoholic and verbally abusive, and his mother who he said was sexually abused by her father. He said Laura Perry was codependent but he said these were his thoughts 12-13 years ago and was no longer the case. (See what I mean by daddy's checkbook should be open to keep this whole business out of court. If Perry did file bankruptcy to avoid paying his wife and children, he just made the stupidest move of his life, which is now displayed for all to see.)
Sanctimonious fools like Bob Perry have used their deep pockets to dominate the political landscape for years. In many of the ads they pay for, opponents are attacked for their lack of family values. The hypocrisy stinks.
It's the hypocrisy that makes this news. I have compassion for the difficulties people face in their lives. I hope the Perry family is able to overcome their own troubles. Meanwhile, they should place a moratorium on their political spending. If they don't do it, their would-be future recipients will have to.
Bob Perry, the Houston homebuilder and the financier behind the Swift Boat attacks on John Kerry, has contributed over $260,000 combined to the nine Republicans on the Texas Supreme Court.
After today's news that the all-Republican court had overturned an $800,000 verdict against Perry Homes, that $260,000 in contributions sure looks like money well-spent.
Alex Winslow of Texas Watch had this to say, as reported by the AP:
"After years of forcing consumers into a lopsided binding arbitration process, the court today carved out a special decision for the man who gives the court more campaign cash than any other individual in the state," Winslow said.
The Texas Supreme Court favoring big business is nothing new but this example makes it painfully clear whose side the court is on.
When given the choice between an elderly couple who had been wronged by a large corporation and a fat cat Republican contributor, they picked the latter.
Jane Cull said she and her husband, who's 70, were devastated. They've claimed the house they bought from Perry for $233,730 in 1996 had structural and framing defects that eventually caused the home's appraised value to plummet to $41,000 by 2001.
"All we ever wanted was a home with a good foundation so we could retire and enjoy life," Jane Cull told the Houston Chronicle in Saturday's editions. "We've tried in vain and we've worked with the builder and did everything we could to avoid the legal process."
We are lucky to have three excellent Democratic candidates for the Texas Supreme Court: Jim Jordan, Sam Houston and Linda Yanez.
Visit their websites and help give them the resources they need to bring a desperately needed balance to a court that is dangerously outside the mainstream.
Judge Susan Criss is one of two Democrats running against Republican Phil Johnson. Criss showed that she has raised more than $317,000 for her campaign in her latest financial report.
"People from every corner of our state are signing on to my campaign to protect their constitutional rights," Judge Criss said. "They deserve better than what they're getting from the current court, and they are willing to make sure I have the resources to run a winning campaign."
Judge Criss' report shows that she has raised $317,083 since entering the race last year, including $260,057 for the period from July 1, 2007 to December 31, 2007. Her report showed $150,549.72 cash on hand as of the end of the year.
The race for Texas Supreme Court is one only a small group of statewide races in 2008. The infrastructure this former prosecutor and criminal defense attorney can put together for her race will not only help U.S. Senate candidate Rick Noriega, but it will aide down ballot races too.
We look forward to seeing more good news about Democratic filings.
Judge Criss may be the lone candidate for Place 8 on the Texas Supreme Court. According to Vince over at Capitol Annex, Justice Yanez may not have the necessary signatures to make the primary and general election ballots.
The way the process works is that a candidate for the Texas Supreme Court must obtain 50 valid signatures from voters in each of the Court of Appeal districts. The problem for the Yanez campaign is that they seem to be lacking the necessary signatures in Districts 1 and 14.
As Vince points out in a follow up post, it may not be possible for they Yanez campaign to rectify the problem. There are some conflicts in the law and this may need to go to court to clarify the matter. In all likelihood, Criss will be the sole candidate running in Place 8.
While the race against Justice Phil Johnson is up in limbo in place 8, place 7 will have a contested primary while Chief Justice Wallace Jefferson will likely win an uncontested re-election.
It's great to see another seat challenged on the Texas Supreme Court, this time, that for chief justice. From that candidate's press release...
The highly partisan, all Republican Texas Supreme Court will soon face another voice for reform as Dallas District Judge Jim Jordan amended his committee filings with the Texas Ethics Commission to allow for a candidacy for Chief Justice.
Jordan, a veteran civil defense attorney and past member of the Texas Association of Defense Counsel, noted a serious backlog in cases at the state's highest court. "They are failing to do their work as the backlog in cases has reached record levels."
Jordan, who currently presides over the 160th District Court in Dallas, is Board Certified in Civil Trial Law - a certification earned by less than 2% of Texas Lawyers.
"When the system is broken, the responsibility must fall on the leader," Jordan noted, explaining his decision to seek the Chief Justice position. "I am running for Chief Justice because this Court has lost its way. Instead of upholding the law, it is advancing an ideology," Jordan added, referring to a recent study released by a University of Texas law professor that criticized the court for routinely exceeding its Constitutional authority, ignoring the role of juries, and using the bench to make policy instead of deciding questions of law.
Jordan, who first presided over the 44th District Court in Dallas, was a partner with the firm Shannon, Gracey, Ratliff & Miller before returning to the bench. In 2006, he won election to the 160th District Court. In amending his filings with the Texas Ethics Commission, Jordan also reaffirmed his intention to voluntarily comply with the Judicial Campaign Fairness Act.
Judge Susan Criss, a candidate for the Texas Supreme Court, sat on the 212th District Court in Galveston County in 1998. She directed the Gulf Coast Task Force on Jail Diversion for the Mentally Ill, a group that seeks to secure treatment for non-violent mentally ill offenders in the community while saving taxpayers money and freeing up jail space for violent criminals. The Gulf Coast National Alliance for the Mentally Ill named her their top honoree for 2003 for her efforts.
Judge Criss earned a BA in Government from the University of Texas at Austin and her law degree from the South Texas College of Law in Houston.
She earned a reputation as the blogging judge after she began her site, As the Island Floats, earlier this year.
Judge Criss was nice enough to sit down and answer a few questions about her race, experience, and what she wants to do for Texans.
Susan Criss continues to become a more and more interesting candidate. In a piece reprinted over at Edinburg Politics, the Criss family has a legacy of protecting workers rights and promoting civil rights.
District Judge Susan Criss of Galveston, a Democratic Party candidate for Texas Supreme Court, says a series of laws passed by the Texas Legislature in the 1980s help free Texas farm workers from "slavery." She credited her father, former Rep. Lloyd Criss, D-Galveston, Sen. Juan "Chuy" Hinojosa, D-McAllen, and former Rep. Alex Moreno, Jr., D-Edinburg, among others, for what she says was "landmark civil rights" legislation in Texas.
Lloyd Criss, Jr., was once the chair of the House Committee on Labor and Employment Relations and worked with the Mexican American Legislative Caucus (MALC) "to protect tens of thousands of Texas farm workers from economic exploitation, health hazards, stoop labor, and even poisoning."
"It is hard to believe, but it is true - farm workers, mostly Mexican Americans, were denied the basic protections that everyone else had back then because they had no political power, no one to fight for them," said Judge Susan Criss. She has served for almost a decade as the judge of the 212th District Court in Galveston County.
"It is astonishing to realize that for all practical purposes, slavery still existed in Texas as late as the 1980s," Judge Susan Criss said. "I am so proud that my father was able to play a key role in helping bring justice to thousands of our fellow Texans."
According to the Texas Insider, eventually, Lloyd Criss, Jr. also fought for a law that now requires that outdoor toilets for men and women be provided for farm workers at their work sites, Judge Susan Criss said. Lloyd Criss, Jr. also carried the legislation that provided unemployment insurance for farm workers, a goal that had been sought for about 50 years. That measure was so significant that César Estrada Chávez, the co-founder of the United Farmworkers of America and a national civil rights activist, came to Austin to support the Criss legislation.
Texas Democratic candidates each have their unique stories. It isn't often we get to share in such candor in a statewide race.
Today the Texas Supreme Court takes up an issue that goes to the heart of what it means to be a Texan: Are we accountable for the consequences of our behavior? Lord John Browne, former CEO of British Petroleum and his special interest peers say no. They argue that they are above the law-literally.
Specifically, the Texas Supreme Court will hear arguments to determine whether the former CEO of BP must travel from London, England to Austin, Texas to give a deposition to lawyers representing the families of those injured in the March 2005 explosion at the BP refinery in Texas City, Texas-- an explosion that killed 15 workers and seriously injured more than 170.
"When you go to work, you should get to come home in one piece," said Becky Moeller, president of the Texas AFL-CIO. "Are we as a state going to require that corporations take responsibility for getting workers to their homes and families safely? Or will we stand by as the Supreme Court continues to erect shields protecting corporate leaders from that accountability?"
Lord Browne argues that he should not have to answer questions about the decisions he made that contributed to the tragic deaths of 15 Texas workers and the injuries of hundreds more in the explosion at Texas City. But this is about much more than whether one man will have to answer a few questions. It's about accountability and responsibility.
"The decisions made by corporate CEO's in board rooms all around the world threaten the safety of communities right here in Texas," said Alex Winslow, executive director of Texas Watch. "Children on their way to school, families who breathe our air and drink our water, and small business owners who serve the plant and its workers all face a greater danger when CEOs are allowed to avoid accountability for the decisions they make."
And it's about the Texas Supreme Court receiving millions of dollars from special interests it then swaddles in blankets of immunity from civil prosecution for the harm they do to Texas workers and families. When wrongdoers are not held accountable, public safety and security is threatened.
Craig McDonald, director of Texans for Public Justice, said that more than 175 corporations and CEOs have joined BP to fight against corporate accountability. "On any given day this court is teeming with conflicts of interest, but perhaps none greater than in the BP case. A review of the justices' campaign records shows they have taken $2 million from interests are that are arguing for BP," McDonald said.
Glenn Smith, Director of the Texas Progress Council (a group I contract with) and frequent writer here at BOR, sums the conflict up by saying:
"Glib sound bites and special-interest double-talk about our judicial system can no longer hide the agenda of some irresponsible corporate interests," said Glenn Smith, director of the Texas Progress Council. "That agenda is nothing less than the goal of permanent immunity from civil prosecution for negligent and willful practices that maim and kill."
Texas AFL-CIO President, Becky Moeller highlights the direct legal impact in an interview at Corporate Crime Report.
"Our regulatory system has failed," Moeller said. "Because of a long-standing budgetary starvation diet and warped priorities, the federal Occupational Safety and Health Administration will do a preventive inspection of a Texas workplace on the order of once every 100 years unless a complaint is filed."
Texas has no state OSHA to pick up the slack.
"When someone dies, OSHA shows up and may impose fines that are for practical purposes regarded as a cost of doing business," Moeller said. "In the case of the BP explosion, the U.S. Chemical Safety Board issued an objective report that took BP's management to task. But it was the civil justice system that invoked the most serious consequences for BP and laid bare the cold calculations BP made in trading worker safety for short-term profit."
Today we will see whether justice is blind or for sale to the highest bidder. Texas Progress Council has put together this video to tell the story for the ones that can't.
