Interim Update: February 2022

February 25, 2022

Only four more days until the 2022 primary elections! You can read an overview of some of the prosecutor races that have caught the attention of at least one criminal justice reform-oriented news outlet HERE, and we’ll send out a separate post-primary update next week with relevant results from around the state. Meanwhile, it’s been pretty quiet on the policy front, what with all the policymaking-types campaigning to keep that job, but here’s some news you can use—especially if you need CLE help due to pandemic-shrunk training budgets!

Right on Crime agenda

We are still more than 10 months from the start of the regular session of the 88th Legislature, but some advocacy groups are already starting to roll out their wish lists for 2023. Among those groups are Right on Crime, the criminal justice reform arm of the Texas Public Policy Foundation (TPPF), which released its Policy Priorities for the 88th Lege a few weeks ago. The list of nine items includes seven retreads (grand jury, civil asset forfeiture, “second look” parole, etc.), plus two new items relating to limiting the use of no-knock warrants and allowing judges to deny bail in more cases (which would require a constitutional amendment). Click on the link above for all the details.

In related news, TPPF also announced earlier this month the launch of its “Right for Families” campaign. Their list of agenda items under that campaign can be found HERE and should interest any of you involved in DFPS representation—especially those of you who disagreed with some of the changes enacted by the legislature last session. (Nutshell summary: More of the same coming your way!)

New TDCAA online CLE

Speaking of DFPS work, we are proud to announce the launch of our latest online CLE course, “Fundamentals of Child Welfare Law.” In this six-part video course, you will learn the fundamental skills of child welfare law in a format specifically designed for prosecutors who represent DFPS. This online-only course costs $175 and provides 5.25 hours of MCLE. The course was created with assistance from the Texas Children’s Commission, which is offering a limited number of need-based scholarships for attorneys representing DFPS (in the form of reimbursement of registration fees after this course has been completed.) Interested applicants must apply for the reimbursement scholarship and can receive notice of their selection prior to registering for this course. For more details, click HERE.

Prosecuting Violent Crimes Conference

Registration is now open for TDCAA’s Prosecuting Violent Crimes Conference, which will take place April 11–14, 2022, at the Hyatt Regency Houston West. There will also be a FREE domestic violence training on protective orders provided separately on Monday, April 11, in conjunction with the conference for those interested. For all the details, or to register online, click HERE.

Annual Conference scholarships

We want to alert everyone to two potential funding sources to help you or your employees attend our 2022 Annual Criminal and Civil Law Conference in Corpus Christi this fall.

First, the Texas District and County Attorneys Foundation (TDCAF) is providing a limited number of scholarships through generous gifts made in memory of Mike Hinton. To apply, complete this online application and send it in by Saturday, April 30, 2022.

Second, the State Bar Criminal Justice Section’s scholarship process is also open for applications. To learn more about that option, click HERE. Those applications and related documents are due by Friday, April 1, 2022.

Mental health law symposium

The Texas Tech Law Review and the Texas Tech University School of Law are offering their biennial Texas Tech Mental Health Law Symposium as an online seminar on April 8, 2022. Like their prior programs on mental health law, this year’s symposium will address practical legal and policy issues that can contribute to improvements in the public mental health system and help address the significant challenges faced by the criminal justice system and law enforcement with regard to alleged offenders with mental illness. The program is designed for practicing lawyers and judges and is FREE OF CHARGE. They anticipate approval for 6.5 hours of MCLE credit, including 0.5 hour of ethics. Although there is no fee associated with the conference, you must register in advance. To do so, or to learn more about the webinar, click HERE.

Scattershooting

Some articles and other online postings that you might find interesting:

  • “Supreme Court Advisory Committee considers remote jury trials and other proceedings” (Texas Civil Justice League)
  • “Attacks fly in final days of Attorney General Ken Paxton’s primary fight” (Texas Tribune)
  • “Civil rights attorney Lee Merritt takes heat for lack of Texas law license in his bid for attorney general” (Texas Tribune)
  • “As human trafficking surged during COVID, Texas AG Ken Paxton closed 4 cases in 2 years” (Houston Chronicle)
  • “Kim Ogg blames rising crime on Houston judges. Fourteen of her prosecutors are vying to unseat them.” (Texas Monthly)
  • “Texas Gov. Abbott: Agencies must investigate gender-affirming care for trans kids as ‘child abuse’” (Dallas Morning News)
  • “Gov. Greg Abbott floats pardons for Austin police officers charged with excessive force in 2020 protests” (Texas Tribune)
  • “‘I hate it here’: National Guard members sound off on Texas border mission in leaked morale survey” (Texas Tribune)
  • “The science of addiction: Do you always like the things you want?” (BBC World Service)

Quotes of the Month

“I’m told there’s a term around the Senate called ‘being Seligered.’ And that is, if you don’t do what the lieutenant governor wants you to do, you will be severely punished. … And that’s the rule. And all those folks who are chairmen know it.”
            —State Sen. Kel Seliger (R-Amarillo), in a recent Texas Monthly interview. Sen. Seliger is retiring at the end of this year.

“[M]apmakers are on pace to draw fewer than 40 seats—out of 435—that are considered competitive based on the 2020 presidential election results.”
            —Reid Epstein and Nick Corasaniti of the New York Times, in a recent story about Congressional redistricting in today’s hyper-partisan atmosphere.

“I’ve been screaming and jumping up and down about very important things that are technically complicated and kind of scary. But now that I’ve got your attention, you know, let’s talk about them.”
            —Sarah Stogner, Republican candidate for the Railroad Commission, when asked by the Dallas Morning News about her TikTok campaign ad featuring her riding a pump jack while wearing a cowboy hat, boots, and not much else.

“In a different universe, or maybe just a different state, Sid Miller might be in more trouble than he is. It is by no means disqualifying to have run afoul of ethical or legal issues in the Republican primary.”
            —Cal Jillson, political scientist at SMU, referring to current Agriculture Commissioner Sid Miller’s defense of one of his former aides who has been criminally charged with extorting illegal fees from hemp license applicants. [Although truth be told, these types of legal problems are not disqualifying in EITHER political party in this state. God bless Texas!!]

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