By Rob Kepple
TDCAA Executive Director in Austin
Nearly 1,000 Texas prosecutor office personnel gathered in Corpus Christi in the third week of September for the 2022 edition of our Annual Criminal and Civil Law Conference.
It was another great event. I want to thank our training team, Brian Klas, W. Clay Abbott, Gregg Cox, Andie Peters, LaToya Scott, and Amber Styers, for really coming through with great training and a smooth conference. Of course, the whole staff has a major role in this event, and I want to thank them all!
The fan favorite at the conference? Jonathan Shapiro, the former federal prosecutor turned Hollywood scriptwriter, who delivered a fascinating keynote on the art of storytelling. Now we finally know who wrote the famous “The Speech” clip from the TV show The Practice about what it means to be a prosecutor. (Find it here: https://www.youtube.com/watch?v=FTPN6pZ8IWY.)
A special recognition
During our opening ceremonies, the Chairman of TDCAA’s Board and the County Attorney in Uvalde County, John Dodson, took a moment to recognize some real superheroes: the victim assistance coordinators (VACs) and other prosecutor office personnel who, when the call came, went to Uvalde to assist law enforcement and victims after the horrific day in May when a shooter killed 19 children and two teachers at Robb Elementary School. I know that our profession is stronger for all that you did. Thank you.
TDCAA award winners
The TDCAA Board of Directors and the Nominations Committee worked hard over the spring and summer to identify folks within our membership who shined in this past year. And there were so many notable people that they decided to give multiple awards!
State Bar Criminal Justice Section Prosecutors of the Year. This is an award whose winner is, by tradition, nominated and chosen through TDCAA and approved by the Criminal Justice Section of the State Bar. The award is for prosecutors who have shown leadership and excellence in shaping public policy. In 2022, the award went to two people:
Brian Middleton, District Attorney in Fort Bend County, who won for spearheading an amicus effort in Stephens v. State.[1] This case finally put to rest contentions by the Attorney General (AG) and others that the legislature could give the AG original criminal jurisdiction. The short story is that separation of powers prohibits such a delegation of power away from district and county attorneys. The case ended a couple of decades of discussion over this topic and some very contentious days at the capitol. Brian, thanks for your great leadership and vision. (And if you want TDCAA’s latest update on the state of prosecution in Texas in the wake of Stephens, check out “Texas Prosecution 101” below.)
The second Prosecutor of the Year Award goes to C. Scott Brumley, County Attorney in Potter County. Scott has been a champion of Texas prosecutors on many fronts in his career. He is a recognized expert when it comes to the Public Information Act, liabilities and immunity, and prosecutor ethics. Indeed, he is a go-to expert for many of you on these issues, and he generously donates his time and expertise at many TDCAA training events.
It is in the area of ethics that he wins this award. He is the chair of the TDCAA Rule 3.09 Committee, and he has represented prosecutors at the State Bar Committee on Disciplinary Rules and Referenda regarding proposed changes to Rule 3.09, which tracks American Bar Association Model Rule 3.8. The protracted fight-slash-negotiation isn’t over yet, but Scott’s leadership in this area had been resolute and forceful. You are well-represented!
Oscar Sherrell Award. This award recognizes someone who has stood out in service to the association. This year’s winner is Zack Wavrusa, Assistant County & District Attorney in Rusk County. Zack has been an engine of productivity for this journal, The Texas Prosecutor, and a real go-to guy for speaking and writing on behalf of the association. He has never let us down, going so far as to film an online training segment from a hospital bed rather than cancel! Now that is dedication. Well-deserved, Zack.
Lone Star Prosecutor Awards. This award recognizes the efforts of prosecutors who demonstrate excellence through trial, advocacy, appellate advocacy, or other innovative work that may go unnoticed around the state but that advances justice in the community. Again, we had two winners this year.
The first is Mark Pratt, District Attorney in Hill County. Mark has represented the people of Hill County the old-fashioned way: by trying cases. A lot of cases. And winning and winning. People often don’t recognize the dedication it takes to continue to represent the community in criminal court over decades, and to do it well without fanfare. Thanks, Mark!
The second winner is Sharen Wilson, Criminal District Attorney in Tarrant County. She retires at the end of this term but has quietly been an agent of change in her office. She created a number of new focused units, including those for conviction integrity, human trafficking, intimate partner violence, elder financial fraud, law enforcement incidents, first responders diversion court, digital forensics and technology services, and a mental health crossover court. Under her watch, Tarrant County became the first to have a dedicated auto crimes prosecutor. And who can forget her introduction of the popular Facebook and Twitter star, Brady the courthouse comfort dog? Congratulations, Sharen, on a great run!
C. Chris Marshall Award. This award recognizes a person who has made significant contributions to TDCAA’s training efforts. This year’s winner is Jen Falk, Assistant Criminal District Attorney in Dallas County. Jen has been all over training for TDCAA this last year and has brought together great presentations on self-care and advocacy. Thanks, Jen, for your energy!
We did not know we needed an Amy …
… until we had an Amy. I am talking about Amy Befeld, of course. Having started in the capitol as a staffer, Amy worked the last couple years in the legislative services department of the Texas Association of Counties. Part of her responsibilities was to be the liaison with TDCAA. All I can say is, “Wow.” Amy was an amazing help to prosecutors during the last legislative session and afterward, and she has been an absolute joy to work with. She is now moving on to a position with Texans for Lawsuit Reform, but we wanted to recognize her with a small token of our appreciation before she left for greener pastures. We wish her the best in her new endeavor and look forward to seeing her around the capitol.
But don’t worry, we are not being abandoned by our friends at TAC! They have kindly assigned Megan Molleur to be our new liaison. We first met Megan when she served as our grant administrator at the Court of Criminal Appeals. She then moved to TAC last session to work for the counties on federal issues, and now TDCAA has been added to her portfolio for next session. We have a feeling her expertise in budget matters is going to come in handy this session. Welcome aboard, Megan!
TDCAA 2023 Long Range Plan
“If you don’t know where you are going, any direction is OK.” This is a riff on a conversation between Alice and the Cheshire Cat in Alice in Wonderland, and it serves as fair warning to an organization that doesn’t focus on its mission. To avoid “mission creep” and disconnecting with the needs of our membership, the association operates on a series of five-year plans dating back to 1987. We complete a five-year plan at the end of 2022 (reported on in the May–June 2022 edition of this journal). This year our Secretary/ Treasurer, Bill Helwig, Criminal District Attorney in Yoakum County, chaired a committee that fashioned a new plan to begin in 2023, which the TDCAA Board of Directors approved. The plan identifies several goals and action plans in support of those goals. Here are the highlights of this plan:
1) More regional meetings. We enjoyed regional meetings by Zoom during the height of the pandemic, and they reminded us of how much we liked live regional meetings, including timely training and fellowship, on a rotating basis. We will look to re-establish that.
2) Perform a needs assessment. TDCAA has surveyed members in the past on what they need from us. We have tried NOT to deluge you with surveys because we hate them too, but perhaps it is time to dust off a survey and make sure we are doing what you need us to.
3) Review the TDCAA bylaws. The bylaws have not been updated in quite some time, so a committee will be appointed to review TDCAA governance and report back.
4) Explore the need and possible support for a Domestic Violence Resource Prosecutor (DVRP). Akin to the popular Traffic Resource Safety Prosecutor program supported by the National Highway Safety Administration, of which our very own W. Clay Abbott is a member, there is a growing national movement to develop a national DVRP program. We will explore if we need that in Texas, and if so, how that would work and how it would be funded.
5) Explore expanding resources for civil attorneys in prosecutor offices. Just one example is open records work, which is becoming more and more burdensome. We will review our training and support in civil representation.
6) Facilitate relationships between law schools in the recruitment of new prosecutors. Recruitment and retention continues to be an issue for our profession. Can TDCAA play a role here?
7) Explore expanding the Prosecutor Management Institute (PMI). Our PMI training has been extremely popular and sought-after, but we have yet to keep up with demand. We need to devote resources to produce refresher courses, regional courses, systematic training for new managers, and expand topics to include hiring and evaluating employees. We also need to explore online content for continued management education.
8) Evaluate the need for more interdisciplinary and regional training, and develop that training if needed and feasible. Short regional courses can provide a lot of “bang for the buck,” but topics and speakers must be developed.
9Continue to develop timely, relevant, and accessible online training. In the last year, TDCAA has added the position of Assistant Training Director, staffed by Gregg Cox, devoted only to online training.
We are looking forward to the next five years! There is a lot of work ahead, but it is great to have the direction mapped out.
Thanks to those who have served
Being an elected prosecutor is both challenging and rewarding. At the end of each election cycle, some folks will be hanging up their spurs, and it is important that we say “thanks” for their willingness to push that rock up the hill! I want to personally thank the folks who are leaving office this year: Thomas Aaberg, County Attorney in Wise County; Kevin Dutton, First Judicial District Attorney; Lee Hon, Criminal District Attorney in Polk County; Bruce James, County Attorney in McCullough County; Barry Johnson, Criminal District Attorney in McLennan County; Wes Mau, Criminal District Attorney in Hays County; Brian Risinger, Criminal District Attorney in Madison County; Sharen Wilson, Criminal District Attorney in Tarrant County; and Bob Wortham, Criminal District Attorney in Jefferson County. Thanks for y’all’s service to Texas.
Endnote
[1] Nos. PD-1032-20 and -1033-20 (Tex. Crim. App. December 15, 2021). Read our summaries of the case at www.tdcaa.com/case-summaries/december-17-2021 and www.tdcaa.com/case-summaries/september-30-2022.