By Rob Kepple
TDCAA Executive Director in Austin
By the time you read this edition of the journal, you will probably have viewed our online Legislative Update. This training was a true labor of love for Shannon Edmonds, TDCAA Governmental Affairs Director, who spent the entire legislative session at the capitol, wrote a book on what changed (TDCAA’s Legislative Update), created the PowerPoint, and did much of the online presentation. Although we missed seeing everyone in person all around the state for the live Legislative Updates, I must tell you candidly that we did not miss the grind of doing 22 presentations in six weeks.
So what about 2023? Will we produce another online version of our very popular Legislative Update? Or will we go back to live sessions? We will be listening to you on whether we should return to our robust road show or whether you actually prefer us to deliver the update in an online version.
As far as content, I think many people were surprised at the number of changes to our codes—folks just figured in the pandemic world not much would get done. But there were many significant changes and a lot for us to tell you about—and caution you about. In my 30 years of spending time at the capitol, this was perhaps the worst session for inconsistencies, conflicts, and downright mistakes in legislation. Forget passing bills that conflict—this session legislators even passed a bill that conflicted with itself! So when you are looking at a change and scratching your head, trying to figure out what they were thinking, read the legislative notes in the new TDCAA code books, or give us a call for the inside scoop.
Texas Board of Legal Specialization (TBLS)
In the January–February 2021 issue of this journal, I asked for those prosecutors who had been denied the opportunity to take the criminal law specialization exam to contact me. The feeling was that prosecutors were being boxed out because they didn’t do enough appellate work, even those who are seasoned and skilled trial lawyers. I heard back from some of you confirming that problem. There are many ways to become an expert in criminal law, and many skilled professional prosecutors just don’t have the opportunity to do appeals. That shouldn’t be an automatic disqualification or excuse to deny them even the opportunity to sit for the exam.
Some good news on that front: Kenda Culpepper, Criminal DA in Rockwall County and Chair of the TDCAA Board, is now on the TBLS Criminal Law Advisory Board. Stay tuned, and keep me informed if you are denied your shot to take the test.
Lisa Tanner leaves the AG’s Office
I am very happy for our friend Lisa Tanner, who has announced her resignation after a storied career as a prosecutor with the Brazos County District Attorney’s Office and the Attorney General’s Prosecutor Assistance Division. In the last two decades, Lisa has been a tremendous help to the profession, and I know many of you have enjoyed her assistance when you had a conflict and her expertise when you needed legal firepower. I hope this well-deserved respite gives Lisa more time for her passion, scuba diving. And don’t throw her phone number away—she is still ready to take your calls and come to the rescue when you need a top hand!
TDCAA Board Service
In conjunction with the Elected Prosecutor Conference in December, our membership will be electing some people to board positions. Folks serve as at-large or regional directors for two-year terms that begin in January. This December, we will be seeking new board members for the following spots (with the current board member in parentheses): Secretary/Treasurer (Bill Helwig), District Attorney at Large (Julie Renken), Assistant Prosecutor at Large (Tiana Sanford), Region 3 Director (Ricky Thompson), Region 5 Director (Bob Wortham), Region 6 Director (Greg Willis), and Region 7 Director (Natalie Koehler). If you have an interest in serving in TDCAA leadership, just give me a call and we will talk it over.
“And Justice for None”
Each year the Texas Bar College Board of Directors honors one writer with the Franklin Jones Best CLE Article Award. Congratulations to Brandon Draper, Assistant County Attorney in Harris County, who won the 2021 award with his article, “And Justice for None: How COVID-19 is Crippling the Criminal Jury Right.” Brandon’s article is an excellent evaluation of the impact of COVID-19 on jury trials, and it details why efforts to conduct trials by Zoom are destined to fail. You can read the article at https://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=3906&context=bclr.
“Roadways to Justice”
There is a new book by a very experienced prosecutor and teacher that might be worth a read. It is titled Roadways to Justice: Reforming the Criminal Justice System by Ron Clark. Ron was a long-time prosecutor in King County, Washington, and he served as Senior Training Counsel at the National Advocacy Center. Through discussions of cases and a long career in the pursuit of justice, Ron offers insights into how our system can be improved with practical solutions. You can pick up a copy on Amazon.