The accolades continue to pour in for members of the Tarrant Democratic delegation to Austin. You'll recall that Senator Wendy Davisalready received"Freshman of the Year" honors by Texas Monthly. This past week State Representative Chris Turner of House District 96 received "Freshman of the Year" honors from Texas Watch, a non-profit citizens' organization that lobbies for insurance reforms, as did Senator Wendy Davis--both key legislators representing Tarrant County.
"Rep. Chris Turner is a tireless advocate for the interests of Texas families, consumers, and workers. During his first term in the Texas House, Rep. Turner showed that he is not afraid to stand up for the needs of homeowners and small businesses," said Alex Winslow, Texas Watch's Executive Director. "The people of Tarrant County and all of Texas are better off because Chris Turner is fighting on their behalf."
During the 81st legislative session, Senator Davis and Representative Turner worked together and authored a number of pieces of legislation, much of which passed, on consumer protection issues and homeowner's insurance reform---key issues that mainstream Texans demanded action on and that Davis and Turner delivered on.
There is no doubt that in 2010 Republicans will be targeting Chris Turner, with Republican Bill Zedler potentially taking aim at his old seat. Tarrant Democrats will have our hands full in defending a real leader who advocates on behalf of not only the people of his district, but Texans in whole. Senator Davis will not be up for re-election until 2012.
According to our friends at Texas Watch, Justice Hecht has filed an appeal of his recent sanction by the Texas Ethics Commission (TEC), which resulted in a $29,000 fine. The appeal was filed on Tuesday, January 27th in Judge John Dietz's 250th Judicial District Court in Travis County.
In December 2008, the TEC ruled that Justice Hecht violated the law when he accepted and failed to report an in-kind contribution in the form of discounted legal fees from the Jackson Walker law firm. The TEC publicly sanctioned Justice Hecht and imposed a fine of $29,000.
The TEC's sanction stems from a complaint filed by Texas Watch in July 2007.
Jackson Walker represented Justice Hecht during his appeal of a 2006 admonishment by the State Commission on Judicial Conduct. The TEC found that Hecht had racked up $476,970 in legal fees, but that he only paid $313,745. The Commission determined that the discount amounted to an in-kind contribution which is subject to the limits outlined in the Judicial Campaign Fairness Act. Under the law, law firms and its attorneys are only permitted to make contributions totaling $30,000.
A copy of Justice Hecht's appeal can be found here.
A copy of the TEC's ruling can be found here.
A copy of Texas Watch's original complaint to the TEC can be found here.
For more information about the controversial Justice, read the laundry list of articles here.
Pro-corporate bias and corruption in the Texas judiciary has reached dangerous levels, and there's a new web site documenting some of the scandals and troubles.
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.
Three members of the all-Republican Texas Supreme Court are up for election in 2008: Wallace Jeffferson, Phil Johnson and Justice Dale Wainwright. Jefferson is opposed by Democrat Jim Jordan of Dallas. Democrat Linda Yanez opposes Phil Johnson, and Democrat Sam Houston is running against Dale Wainwright.
The name "CourtsOnFire" is an obvious reference to Republican Supreme Court Justice David Medina, who was indicted then suspiciously un-indicted by a Houston DA who subsequently resigned in disgrace. The indictment involved arson and the burning of Medina's home. His wife remains indicted in connection with the fire. CourtsOnFire and the Texas Progress Council are helping educate voters about the Texas judiciary's biases against Texas families. The Supreme Court sides with corporate defendants about 90 percent of the time. Ethical difficulties plague sitting judges throughout the system, and it's time the halls of justice were cleaned out.
Pay attention to these races. The Democratic candidates for the Supreme Court are widely respected, tough and honest folks leading the charge against the unbalanced courts. CourtsOnFire and the Texas Progress Council are providing critical information and education about the state of our judiciary. You can also visit TPJ.org and Texas Watch.org.
Texas Watch has done a great job explaining what the Texas Supreme Court is supposed to do and what they actually do. This video is shinning example of the good work they have been doing.
The video, simply titled, "I Like the Texas Supreme Court Because..." satirizes the Court's pro-defendant bias, record case backlog, overuse of anonymous opinions, as well the numerous ethics investigations that are plaguing the Court.
Over the last year, Texas Watch has raised issues about the Court's growing case backlog, its use of anonymous, unsigned opinions, and the Court's anti-consumer nature. Some key findings of Texas Watch research and reports:
86% anti-consumer
57% anonymous opinions
328% case backlog increase
2.3 years on average to handle a single case
In addition to producing a brand new video, they have released reports and studies here.
They have proven time and time again we need new voices on the bench of our highest court. We need Jim Jordan, Sam Houston, and Linda Yanez.
State Sen. Juan Hinojosa (D-McAllen) has proposed the idea of making the Texas state insurance commissioner an elected position, the Star-Telegram reports.
"Right now Texas has some of the highest rates in the nation, and the commissioner seems more interested in justifying the high rates than finding ways to lower them," said Hinojosa, a member of the Legislature’s Sunset Advisory Commission. "In the 11 others states that elected insurance commissioners, the people pay 43 percent less for their homeowners insurance and 12 percent less for their health coverage."
The consumer group Texas Watch supports the idea with the hope that the commissioner would become more accountable to voters and less beholden to insurance companies.
Insurance is not like any other consumer product," [Alex Winslow of Texas Watch] said. "You have to have it, by law, to own a car. And for all practical purposes, you have to have it to own a house. So whoever is overseeing the industry should be directly accountable to the people."
As you might expect, Rick Perry seems satisfied with the status quo. And, in what can hardly be called a coincidence, the insurance companies would like things to stay as they are, too.
Gov. Rick Perry is cool to the idea, his office said. "The governor thinks the process of naming the insurance commissioner is fine the way it is," spokeswoman Krista Pifferer said.
A representative of the insurance industry said there are pros and cons to either method of installing a statewide overseer, but most companies doing business in Texas would prefer the status quo.
"We’ve had experience with both," said Jerry Johns, president of the multistate Southwestern Insurance Information Service. "It has been our experience that whoever has been the insurance commissioner in Texas has been able to balance the needs of the industry with those of the consumer."
Even the proposal's supporters, however, concede the plan has its drawbacks.
Hinojosa and Winslow both acknowledged that making the office elective has drawbacks. For one, they said, any political campaigns could be financed by the well-financed insurance lobby, which would risk having the winner less beholden to the voters than to the industry.
"We might have to build in some safeguards," Hinojosa said.
What do you think? Should Texas elect its insurance commissioner?
Update: McBlogger has a post up that seems to support Hinojosa's proposal.
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.
