By Shannon Edmonds
TDCAA Executive Director in Austin
“No one really knows how the game is played / The art of the trade / How the sausage gets made / We just assume that it happens / But no one else is in / The room where it happens”
—Lyrics from “The Room Where It Happens,” by Lin-Manuel Miranda, et al., Hamilton (2015)
Theater
No one would accuse me of being a fan of musical theater. I can count the number of professional musicals I’ve been to on one hand, and most of those I did not go to willingly. (The things we do for our spouses!) But I am a fan of political theater. This year marks the 13th time I’ve had a front row balcony seat to watch our biennial state legislature do its thing. So, maybe it is not surprising that while I’ve been to only a handful of Broadway-style musicals in my life, two of those were the same show: Hamilton. That production recently returned to Austin in April, but this was the first time I had seen it in the middle of a legislative session, and that timing gave me a new perspective on prosecutors’ legislative efforts.
Where it happens
Even if you haven’t seen Hamilton in person or on Disney+, you’re probably familiar with the concept of the hit song quoted at the start of this column. It’s sung by the character of Aaron Burr, who is desperate to “be somebody” in the new United States—and to be somebody, he realizes that he has to be where the important political decisions are being made. In Austin, we get to see some of those same political characters come to town in January of every odd-numbered year, traveling from far and wide so they can be in the Big Pink Building where “it” happens. And boy, does it happen! This year, TDCAA ended up tracking more than 1,730 bills and resolutions over the five-month session because of their potential impact on the work of our members. In a word, this volume can be overwhelming. But the rewards can be great, for those willing to participate.
Skin in the game
Why get involved with the legislative process? Another line of the song provides the answer:
“When you got skin in the game, you stay in the game / But you don’t get a win unless you play in the game”
With so many bills potentially impacting your jobs, it is clear that you have “skin in the game”—even if you don’t relish the idea of coming to Austin to get involved in the sausage-making. Whether it’s judicial branch raises, criminal discovery changes, expanded removals of prosecutors, grand jury “reform,” or any of the hundreds of Penal Code and Code of Criminal Procedure changes proposed this session, our legislature increasingly seems interested in what you do and how you do it. And that means that those who fail to play the game end up losing to those who are in the game.
Fortunately, our association is blessed to have so many members who have taken this reality to heart and “played the game” in Austin this session. They include Jacob Putman, CDA in Smith County; Jennifer Tharp, CDA in Comal County; Staley Heatly, CA in Wilbarger County; Philip Mack Furlow, 106th Judicial DA; Erleigh Wiley, CDA in Kaufman County; Jack Roady, CDA in Galveston County; Brett Ligon, DA in Montgomery County; Brian Middleton, DA in Fort Bend County; Jarvis Parsons, DA in Brazos County; and many other elected prosecutors who came to Austin for one bill, or one day, or one week this session. In addition, several elected prosecutors made it possible for one or more of their assistants to ride herd on the Lege for extended periods this session, including Lauren Lawrence (Tarrant County), Carmen Morales (Montgomery County), Paige Williams and Bryan Mitchell (Dallas County), Stephanie Gharankanian (Travis County), Eric Carcerano (Chambers County), Chris Gatewood and Thomas Wilson (Smith County), and many others who came to town to work on specific legislation.
As the lyrics above say, “You don’t get a win unless you play in the game.” The wins that prosecutors realize during a legislative session are due to the hard work of you and your peers who get in the game (even if it is sometimes unwillingly!). The time and effort of these and other fellow TDCAA members benefits everyone, and I hope you will show them your appreciation next time you see them.
The show must go on
The curtain will fall on this regular session on June 2, and regardless of what the legislature has done for you or to you, life and litigation goes on. So, if you were not able to make it to the room where it happens this session, fear not! TDCAA will bring our own (off-off-) off-Broadway review to you in person or on screen this fall. We will soon begin the process of updating our publications and working on our popular Legislative Update CLE program. Be on the lookout for more information about those books and events by checking the training page of our website later this summer. Hector Valle (TDCAA’s Director of Governmental Relations) and I are definitely not Lin-Manuel Miranda, but we have seen and heard some things at the capitol that may shock or entertain you (or both!), and we will do our best to deliver a good show this fall!