Off the Kuff Rotating Header Image

January, 2018:

Interview with Jeff Stauber

by Charles Kuffner.

Comments are off for this post

Jeff Stauber

From the not-so-powerful office of County Treasurer we move on to County Commissioner, easily the most powerful county office anywhere in Texas. Commissioners get a lot of control over their budgets, and at least in Harris County tend to operate without too much pesky oversight from the public. All counties have four Commissioners, and despite Harris County’s Democratic trend, it has been a three-Republican, one-Democrat mix since 2010. There’s a lot of hope to change that this year, and while it is in Precinct 2 that the best odds of a flip lie, the post-2016 cycle has been all about competing everywhere and picking up wins in unexpected places. Jeff Stauber is one of two candidates who are aiming for that in Precinct 4. A resident of Kingwood and 32-year veteran of the Sheriff’s Office, Stauber serves as a commander in the HCSO, and ran for the Democratic nomination for Sheriff in 2016. You can listen to that interview here, and you can listen to this interview now:

You can see all of my interviews for candidates running for County office as well as finance reports and other information on candidates on my 2018 Harris County Election page.

Judicial Q&A: Shampa Mukerji

by Charles Kuffner.

Comments are off for this post

(Note: As I have done in past elections, I am running a series of Q&As for judicial candidates in contested Democratic primaries. This is intended to help introduce the candidates and their experiences to those who plan to vote in March. I am running these responses in the order that I receive them from the candidates. You can see other Q&As and further information about judicial candidates on my 2018 Judicial page.

Shampa Mukerji

1. Who are you and what are you running for?

My name is Shampa Mukerji and I am running for the 269th Civil District Court in Harris County, Texas.

2. What kind of cases does this court hear?

Some of the different case types heard in civil courts include malpractice, damages, breach of contract, personal injury, and multi-district litigation. My duty would be to preside over all civil litigation matters assigned to my court.

3. Why are you running for this particular bench?

I have always been a true believer that the Constitutions of the United States and Texas create an equal playing field for all individuals and entities. I believe the next step in my journey is to make a difference in my community in the most effective way I am able and bring a unique perspective to the local judiciary. The Harris County Democratic Party slated me for this specific seat and I believe I am the strongest Democratic candidate to challenge the incumbent judge in November 2018.

4. What are your qualifications for this job?

I am a civil litigation attorney. I attended Northwestern University for college and University of Houston Law Center for my law degree. I have been practicing law in the Houston area for almost twelve years. I believe in the Seventh Amendment, the right to a trial by jury, and access to the courts for all. I believe my intelligence, integrity, and impartiality will allow me to succeed as Judge of a Civil District Court. As the daughter of immigrants, I have witnessed firsthand the struggles my parents faced moving to the United States and I am grateful for their perseverance. They overcame many obstacles in order to provide their children with tremendous opportunities, including my education at a renowned high school, a top-10 national university, and a top-tier law school where I was an editor for a law journal. As a jurist, my education, experience, and work ethic, as well as my ability to consider all points of view, will allow me to ensure that all litigants have their day in court.

5. Why is this race important?

Every judicial race is significant as the impact of the courts can affect the lives of every citizen. The courts are our last line of defense and it is paramount to have a judge with excellent education, experience, and dedication, but it is also necessary to have someone on the bench who will consider the perspective of every person who enters the courtroom and ensure all are welcome at the courthouse and part of our civil justice system.

6. Why should people vote for you in the March primary?

I will ensure equal access to the court for all. I will run the docket as efficiently as possible, while also moving it as quickly as is reasonable. Finally, I will treat everyone who enters my courtroom with dignity and respect and be impartial to all parties.

I have been a practicing attorney for almost twelve years, and most of that time I have practiced civil litigation representing individuals and families in their lawsuits. As a contingent-fee attorney, I have represented thousands of individuals who never had to pay for legal services until I was able to first recover financial restitution for the wrongs committed against them. I have practiced in the areas of real estate law, employment law, contracts law, wills and trusts, probate law, family law, insurance, and personal injury. I have handled complex civil litigation cases and multimillion-dollar cases. I have handled a docket of a thousand cases and managed different levels and sizes of staff throughout my career. I will make sure to equal the playing field for all parties who appear in my court. As stated previously, I believe the right to a trial by jury is of fundamental importance and I will do everything in my authority to ensure that all parties have their day in court. The depth and breadth of my legal experience, the diversity of my practice areas, and my experience managing dockets and staff make me the best candidate for Judge of the 269th Civil District Court.

From the “Nothin’ but good times ahead” department

by Charles Kuffner.

1 comment

Given the good economic conditions in Texas right now, you’d think the budget outlook would be better than it is.

The Texas economy is growing healthily, but that doesn’t mean state budget writers will have more money at their disposal next year, state officials said Tuesday.

In fact, though unemployment is low and tax revenue is on the rise, big bills coming due for the state’s highways and health care programs are giving Texas lawmakers reason for concern.

“I would like to offer a few words of caution for reading too much into the positive recent economic numbers,” Texas Comptroller Glenn Hegar told lawmakers at a Senate Finance Committee hearing.

As they often do, state budget writers last year underfunded Medicaid, the federal-state insurance program for the poor and disabled, which, alongside public education, makes up one of the largest shares of the state’s $217 billion two-year budget.

Then, during a special session called by Gov. Greg Abbott over the summer, state lawmakers shifted another $500 million away from the Texas Health and Human Services Commission to pay for public education programs.

As a result, lawmakers could face a $2.5 billion Medicaid bill shortly after they reconvene in Austin in 2019. Then there are the additional drains on Texas coffers from Hurricane Harvey recovery efforts, Hegar said.

That’s bad news for lawmakers given the comptroller’s prediction that the state will only have a $94 million “beginning balance” when lawmakers convene in 2019. By comparison, lawmakers had an $880 million beginning balance in 2017, which was ultimately a tight year for the state budget. Two years before that, lawmakers enjoyed a $7.3 billion beginning balance.

[…]

Another source of heartburn for budget writers is the ravenous state highway fund. In 2015, amid complaints of a highway system in disrepair, Texans voted to amend the state Constitution to require that up to $2.5 billion in sales tax revenue be dedicated to the highway fund.

That means that even as Texas collects more money from sales taxes — Hegar testified that sales tax revenue grew by an average of 10.3 percent over the last three months — the rest of the state budget will not benefit from that revenue since it is earmarked for the highway fund.

That was also an issue for budget writers in 2017. Last year, in order to free up some of that money for other purposes, Senate lawmakers pushed for an accounting trick that delayed a payment to the state highway fund into the next two-year budget cycle. That freed up about $1.6 billion for lawmakers last year, but it means there will be another bill to pay in 2019.

“In short, despite a strong economy and positive outlook for revenue growth in this biennium, it seems likely the next budget will be much like the one crafted in 2017, having to contend with restricted revenue relative to the spending trends of the state,” Hegar said.

Just a reminder: Underfunding Medicaid was a choice. Shifting money away from HHSC was a choice. The amendment to require all that highway spending was ratified by the voters, but it was there to be ratified because the Lege chose to put it there. Deferring that payment to the highway fund was a choice. And though the story doesn’t include it in its litany, spending nearly a billion dollars on boondoggle “border security” stunts was a choice, too.

We’ll probably be fine in the 2019 session, though the potential for shenanigans is always high. But remember, winter is coming, because it always does. When it does, we’re going to have a mess to clean up, one that was caused by the Republicans in charge of our state, one that could have been mitigated in many ways. I hope we’re ready for it.

(Note: This is the inspiration for the post title.)

One more judge for bail reform

by Charles Kuffner.

Comments are off for this post

Once again, credit where credit is due.

A long-serving Harris County Republican judge has broken with 14 Republican colleagues, withdrawing from the county’s appeal in a landmark federal lawsuit challenging its bail system for discriminating against poor, low-level offenders.

Criminal Court-at-Law Judge Mike Fields, who has presided in misdemeanor court since 1999, had a dramatic change of heart this week at a federal court hearing on the bail case, and he now wants the county to put its limited resources into settling the matter.

“If we just talk to one another, if we can just get in the room and talk, maybe we can resolve this issue,” said Fields, 52. “It’s costly on both sides — it costs in terms of human lives and it costs in terms of taxpayer dollars.”

The county has spent more than $5 million defending itself, and has appealed an April 28 ruling by Chief U.S. District Judge Lee H. Rosenthal that the county bail practices violated the Constitution by setting up a “wealth-based” detention system. The county retained a top-dollar D.C. appellate firm to handle its appeal to the 5th U.S. Circuit Court of Appeals.

Fields said when he saw — during his first visit to the federal courthouse on Tuesday — how many lawyers the county had hired and how many county officials’ time was tied up with the lawsuit, he estimated the two hours for all those people amounted to $60,000.

“Two hours in a courtroom costs more than what the average citizen makes all year. Sixteen judges sitting in a courtroom (together), not doing the work of the people, think about the enormous expense of that,” Fields said.

He added: “We’re fighting about how many people get to stay in jail. I don’t see how anyone can sit in that room and not think maybe we should try another tack.”

Judge Fields had previously expressed concerns about the cost of the lawsuit, so this would be the natural next step. It won’t change anything – the appeal will go on, as all of Fields’ Republican colleagues want it to – but it is the right thing to do. He says he was convinced by Judge Rosenthal’s ruling in the case. Whatever his reason, I applaud his action. May others follow his lead.

Interview with Nile Copeland

by Charles Kuffner.

2 comments

Nile Copeland

I have one more interview for County Treasurer. There are three candidates, but Cosme Garcia did not return my email asking to schedule something, so two is all I have. As before, if Garcia gets back to me now I will do my best to accommodate him. In the meantime, here is my interview with Nile Copeland, who currently serves as a municipal judge in Houston and who has been a candidate for district court judge in Harris County in past years. Publishing this today reminds me of one of the perils of doing interviews in advance as I do. It’s a rare days when incumbent Treasurer Orlando Sanchez does something newsworthy – honestly, I think it’s a rare day when he does something other than surf Facebook – but there he was getting quoted in that story about Harris County’s recent cybercrime near-miss. Had that story run a few weeks ago, or if I had done these interviews more recently, I’d have brought this up, but alas, it was not to be. So you’ll have to do with what we did talk about:

You can see all of my interviews for candidates running for County office as well as finance reports and other information on candidates on my 2018 Harris County Election page.

Judicial Q&A: Michael Galligan

by Charles Kuffner.

Comments are off for this post

(Note: As I have done in past elections, I am running a series of Q&As for judicial candidates in contested Democratic primaries. This is intended to help introduce the candidates and their experiences to those who plan to vote in March. I am running these responses in the order that I receive them from the candidates. You can see other Q&As and further information about judicial candidates on my 2018 Judicial page.

Michael Galligan

1. Who are you and what are you running for?

My name is Michael Galligan and I am a Democrat running to become the next judge of Harris County Probate Court Number 4.

I was born and raised here in Houston. I went to St. Pius X high school before attending college at the University of Pennsylvania. I came back to town to attend South Texas College of Law. Upon graduation I began work as a probate and estate planning attorney with Galligan & Manning. My wife, Eileen Romero Galligan, is the School Director at YES Prep Southeast. We have an amazing six-year-old son Joseph who is in First Grade as Corpus Christi Catholic School.

2. What kind of cases does this court hear?

Harris County has four statutory probate courts. Statutory probate courts exist in the most populous counties to handle very particular types of cases. Probate law is a unique, specialized, and not necessarily intuitive area of law. The rules that apply in other courts often do not in probate court. The expectation is that statutory probate court judges will have expertise in the area of probate and guardianships to better serve these large populations. This is one reason why probate experience is a must for any Harris County probate court judge.

Our probate courts have jurisdiction over claims brought by or against an executor, administrator or guardian of an estate, guardianship and will contests, will construction cases and claims related to trusts. Most of the probate courts’ business involves administration matters. The probate courts are responsible for monitoring decedents’ estates and guardianships which can go on for years. They must review and approve inventories and accountings, determine the priority and validity of creditor claims, evaluate evidence to determine who a decedents’ heirs are, and make sure that a prospective ward’s rights have been preserved when a guardianship is instituted. Probate Court Four also assists in the administration of the mental health docket dealing with issues related to court ordered mental health services and administration of psychoactive medications.

Most of the public’s contact with the probate courts occurs when a will is probated. This involves a non-adversarial proceeding during which the probate judge must be well acquainted with the rules relating to what is a valid will and what is involved in a valid will execution.

3. Why are you running for this particular bench?

I believe that Democrats will be very successful in 2018. If there is a wave election sweeping Democrats into judicial positions up and down the ballot, it is imperative that they be experienced and competent. I am running to ensure that the next judge of Harris County Probate Court 4 will be the type of judge I would want to practice before. One who knows the law and is able to apply it efficiently to the facts. One who is career-long probate practitioner. I’d be remiss if I did not mention that election night 2016 made a big impact on me. At that moment, after watching the results in disbelief, I resolved to be part of the solution. To do what I can, when I can. I am running to help carry that blue wave that will send a message to the County, the State, and the entire country, that Democrats, liberals, progressives, and people of good conscience will not give up on our government.

4. What are your qualifications for this job?

I have worked as an estate planning and probate attorney for my entire career. Over the course of my career, I have been involved in various proceedings in probate court, including will contests, will construction suits, petitions demanding accountings of executors and trustees, declaratory judgment actions to determine the heirs of a decedent, and actions involving creditors. I have been appointed by probate courts as an attorney ad litem to represent the interests of unknown heirs in court proceedings. I have handled approximately 200 Cases in Harris County, alone, (twice as many as my opponent) and many more outside the County. A substantial part of my practice also involves consulting with clients and preparing their estate plans including wills, trusts, medial and financial powers of attorneys, appointments of guardians, and business entities. As such I have been involved with the entirety of the process, from planning, to implementation, to resolution of conflicts.

5. Why is this race important?

Everyone has a loved one who has passed away. Everyone knows of someone struggling with mental illness or incapacity. Probate courts affect the lives of more citizens than just about any other type of court. Those who come into probate court do so at a time real vulnerability. Probate court judges must therefore be equipped with the necessary experience and expertise. This race is important because it will decide whether the Democratic candidate in the general election is someone with that expertise or not.

6. Why should people vote for you in the March primary?

My primary opponent has been an attorney longer than I have been alive. However, despite his almost 40 year career, I still have more than twice the number of matters filed in Harris County Probate Courts. I have more than six times the number of matters filed in these courts since 2010. Last year, my opponent filed only one matter in a Harris County probate court. The year before, he only filed three. At his pace, it would take my opponent more than 37 years to have gained the experience that I have in probate court right now. While my opponent has merely dabbled in probate law over the course of his career, probate law is what I do when I wake up every morning.

I am the only candidate in this primary race with the necessary experience and expertise to serve as the next judge of Harris County Probate Court 4.

“Fetal remains” law blocked in court

by Charles Kuffner.

Comments are off for this post

It’s deja vu all over again.

Texas’ second attempt to require health providers to bury or cremate fetal remains has been temporarily thwarted by a federal judge and another court battle is imminent.

In his Monday afternoon ruling, U.S. District Judge David Alan Ezra said the Texas Department of State Health Services’ arguments “lack merit.”

“For those eager for a result in this case, it is tempting to read the Court’s decision as a signal on who will win at trial or as a determination of the validity of Plaintiffs’ claims,” Ezra said. “Such guesswork would be premature. The Court only concludes Plaintiffs establish injunctive relief is warranted to preserve the status quo.”

The current fight is over Senate Bill 8, a law passed during the 2017 legislative session that has a provision forcing health care facilities to bury or cremate any fetal remains from abortions, miscarriage or treatment for ectopic pregnancy, regardless of their patients’ personal wishes or beliefs. That provision was supposed to go into effect Feb. 1.

In his temporary ruling, Ezra said attorneys for the Center for Reproductive Rights, who are representing the plaintiffs, showed evidence that the new rule would infringe on women’s right to an abortion and that medical providers would have a difficult time following through with the rule, causing them to be fined.

Ezra’s ruling echoes a case from 2016 where reproductive rights groups sued to stop the Health and Human Services Commission from implementing a similar fetal burial rule. During the multi-day court hearing at the time, state attorneys said the rule was designed to provide aborted or miscarried fetuses a better resting place than a landfill. They also argued that there would be no cost for patients to worry about and only miniscule costs for providers. The state also said that there were multiple groups willing to help with costs.

U.S. District Judge Sam Sparks struck that rule down in 2017, saying it was vague, caused undue burden on women and had high potential for irreparable harm.

See here for some background on the legislation. This is just an injunction hearing, to decide whether to allow the law to take effect while the litigation is ongoing. The hearings and rulings on the merits come afterward. As noted, the rule that preceded this law was struck down almost exactly a year ago; the state is of course appealing that ruling. From the zealots’ perspective, it almost doesn’t matter if they win or lose. It’s time consuming and expensive for the clinics to fight – and let’s not forget, even as the omnibus HB2 was struck down awhile back, many clinics closed for good in the meantime – and it keeps the rubes whipped up. What’s not to like for them? A statement from the Center for Reproductive Rights is here, and the Current has more.

Public meetings for Texas Central draft EIS

by Charles Kuffner.

1 comment

You got something you want to say about the proposed high speed rail line and its possible routes, here’s your chance.

Houston residents are being asked to weigh in on a plan to build a $12 billion high-speed train between the city and Dallas.

The meeting is set for Feb. 5 and will be coordinated by the Federal Railroad Administration, which must approve plans for the Texas Bullet Train.

[…]

Texas Central, which has support from Houston and Dallas city officials, said the line would stop south of downtown Dallas and then in Houston, near Loop 610 and U.S. 290, the Houston Chronicle’s Dug Begley reported.

Relevant info about the meetings is here. The schedule for meetings near us in Houston is as follows:

Madison County – Monday, February 5, 2018, 5 p.m. to 9 p.m.
Truman Kimbro Convention Center, 111 W Trinity St, Madisonville, TX 77864

Harris County – Monday, February 5, 2018, 6:00 p.m. to 10:00 p.m.
Woodard Elementary School, 17501 Cypress North Houston Rd, Cypress, TX 77433

Grimes County – Tuesday, February 6, 2018, 6:00 p.m. to 10:00 p.m.
Navasota Junior High, 9038 Highway 90 South, Navasota, TX 77868

Waller County – Tuesday, February 6, 2018, 5 p.m. to 9 p.m.
Waller High School, 20950 Fields Store Rd, Waller, TX 77484

You can also provide feedback or sign up to receive updates on the project from the Federal Railroad Administration here. As a reminder, there are three possible locations for the Houston terminal, and one of the goals of the DEIS project is to pick a winner from those three. So speak now or forever hold your peace.

Interview with Dylan Osborne

by Charles Kuffner.

Comments are off for this post

Dylan Osborne

We move on now to Harris County races. There are races for county courts and Justice of the Peace, which I am covering via the judicial Q&As. Lina Hidalgo is unopposed in the primary for Harris County Judge. In the races for County Clerk, District Clerk, and County Commissioner in Precinct 2, I have chosen to endorse candidates instead of interviewing the slate. That leaves County Treasurer, HCDE Trustee in Position 3 At Large and Position 6, Precinct 1 (Andrea Duhon is unopposed in the primary for Position 4, Precinct 3), and County Commissioner in Precinct 4. The next two weeks will be devoted to these races, beginning today with County Treasurer.

Treasurer is an odd office, a constitutional holdover that was eliminated at the statewide level in 1995. Three Democrats have filed to try to defeat incumbent Orlando Sanchez, who was first elected to this office in 2006. Dylan Osborne was the first of the three to jump in. Osborne works in the Planning & Development Department for the City of Houston, and he has been on staff for two City Council members, most recently Richard Nguyen in District F. Here’s what we talked about:

You can see all of my interviews for candidates running for County office as well as finance reports and other information on candidates on my 2018 Harris County Election page.

Judicial Q&A: Natalia Oakes

by Charles Kuffner.

Comments are off for this post

(Note: As I have done in past elections, I am running a series of Q&As for judicial candidates in contested Democratic primaries. This is intended to help introduce the candidates and their experiences to those who plan to vote in March. I am running these responses in the order that I receive them from the candidates. You can see other Q&As and further information about judicial candidates on my 2018 Judicial page.

Natalia Oakes

1. Who are you and what are you running for?

My name is Natalia Oakes. I’m an attorney and I’m running for Judge of the 313th (Juvenile) Family District Court. I was born in Beaumont, Texas and was raised in a big civic-minded family full of many uncles, aunts, cousins in Beaumont and New Orleans. I’ve lived in Houston since 1980. I graduated from Sophie Newcomb College of Tulane University in New Orleans with a B.A. in English Literature with a teacher’s Certificate. I was awarded my law degree from Thurgood Marshall School of TSU. I taught school in Beaumont, New Orleans, Houston and Athens, Greece. My father worked hard and my parents stressed education. I am grateful for the honesty and integrity they taught me through example.

I have been working in Juvenile Court for 18 years. I joyfully interact daily with lawyers, judges, clients, probation officers, court personnel, assistant district attorneys, county attorneys, detention officers, interpreters and bailiffs.

2. What kind of cases does this court hear?

Juvenile Court presides over Juvenile delinquency cases from Misdemeanor B to 1st degree Felonies. Juvenile Court also hears CPS (Child Protective Service) cases involving abused and neglected children.

3. Why are you running for this particular bench?

I want to focus on effective rehabilitative programs so the children do not come back into the adult system. Even with little support at home, juveniles can be guided to see their potential and contemplate a productive future. Juvenile Probation can track which programs work and which programs do not produce results. It is important to give young people tools to effect a positive change in their lives; to find a talent and cultivate it, to be introduced to areas of interest that they are not exposed to in their home environment. Every child has a special talent and must see their potential. We can maximize resources already in place like, community resources, and discard those that don’t produce results.

4. What are your qualifications for this job?

I’ve been working exclusively in Juvenile Family Court for 18 years. I work well with people. A Juvenile Judge deals with many entities (Juvenile Probation, CPS personnel, District Attorneys, County Attorneys, the Juvenile Board, Commissioners Court) and a judge can harm juveniles if a he/she alienates any of the groups. I can accomplish my goals of bringing effective change to the Harris County Juvenile System. I am the most qualified in this race and am ready on day one to implement needed changes.

5. Why is this race important?

When our children benefit, we all benefit. When our communities are safe from teenage crime, communities thrive.

6. Why should people vote for you in the March primary?

I am a parent: I understand children
I am a former school teacher: I understand the education system
I’ve spent 18 years working in Juvenile Court years handling misdemeanors, felonies, adoptions and CPS (Children Protective Services) cases representing abused and neglected children and their parents: I understand the law.

My goals are to promote programs that produce results for the children and families of Harris County. These programs must be tracked to assess if children are being rehabilitated and families are accessing the services that they need in order to help them.

Every young person should be able to see their potential by being exposed to their unique talents/interests, be it academics, trade schools, vocations, mentoring, crafts, arts, animal husbandry, agriculture. This, in turn, helps self-esteem and leads to productivity.

The XFL will be back

by Charles Kuffner.

5 comments

And this time the gimmick is there will be no gimmicks.

WWE founder and chairman Vince McMahon announced Thursday he is giving a professional football league another go.

It will be called the XFL, the same name of the league McMahon and NBC tried for one season in 2001, but it won’t rely on flashy cheerleaders and antics as its predecessor did, he said.

McMahon said he is the sole funding source for the league, which is slated to begin in January 2020. Its first season will have eight teams around the country playing a 10-week schedule. The initial outlay of money is expected to be around $100 million, the same amount of WWE stock McMahon sold last month and funneled into Alpha Entertainment, the company he founded for the project.

“I wanted to do this since the day we stopped the other one,” McMahon told ESPN in an exclusive interview. “A chance to do it with no partners, strictly funded by me, which would allow me to look in the mirror and say, ‘You were the one who screwed this up,’ or ‘You made this thing a success.'”

McMahon told reporters on Thursday afternoon that he has had no initial talks with media entities.

One mark of the new league, McMahon said, will be faster games. The ideal running time, he said, would be two hours.

As for the timing of the announcement, two years before the league’s debut, many might point to McMahon’s relationship with President Donald Trump, who this fall criticized the NFL for allowing its players to kneel and sit during the national anthem. McMahon said players in his league will not be given the forum to take a personal stance while on the playing field. McMahon’s wife, Linda, heads the Small Business Administration in Trump’s Cabinet.

Hey, everything else from 20-30 years ago is being rebooted, so why not the XFL? I can’t say I’d care – I didn’t watch the original version – but it will provide a few jobs, so that’s something. And for what it’s worth, I’m rooting for El Paso to get a team. Deadspin has more.

Harris County could use a bit of cybersecurity training

by Charles Kuffner.

7 comments

On Sept. 21, not three weeks after Houston was ravaged by Hurricane Harvey, the Harris County auditor’s office received an email from someone named Fiona Chambers who presented herself as an accountant with D&W Contractors, Inc.

The contractor was repairing a Harvey-damaged parking lot, cleaning up debris and building a road for the county, and wanted to be paid. Chambers asked if the county could deposit $888,000 into the contractor’s new bank account.

“If we can get the form and voided check back to you today would it be updated in time for our payment?” read a Sept. 25 email from Chambers.

On Oct. 12, Harris County sent the money out. The next day, the county quietly was scrambling to get it back, after being alerted that the account did not belong to D&W, that Chambers did not exist and that county employees had been duped by a fraudster.

The county recouped the payment, but the ongoing investigation into who tried to take the county’s money and nearly got away with it has ignited a debate over the financial security and cyber security of the third-largest county in America. That debate comes as experts point to a growing number of increasingly sophisticated attackers from around the world, homing in on untrained employees or system vulnerabilities.

The incident now has become wrapped into an FBI investigation into a group that has attempted to extort local governments around the world, law enforcement officials said.

Meanwhile, some officials are moving to revamp their practices as others say further scrutiny of county defenses is necessary.

There’s a lot going on here, and a lot of room for process improvement. The county can provide training to employees to better recognize phishing attempts, and send out test emails to ensure that the training took hold. Extra checks and verifications, like pre-screening vendors an maintaining a list of approved vendors, can be put into place before any payments are made. Keeping on top of threat intelligence, to know what the new scams are that are going around, and ensuring that the email system and the proxy servers recognize junk mail and malicious websites. Cybersecurity is a process, and it contains multiple layers. The fact that the county almost got scammed is in itself not a great shame – it does happen, to many organization – but only if the opportunity to learn and improve from it is fully embraced.

Weekend link dump for January 28

by Charles Kuffner.

Comments are off for this post

There’s a good case to be made that collusion is happening again in Major League Baseball.

When life hands you lemons, form an organized crime syndicate. Or something like that.

From the you can check out any time you like, but you can never leave department.

“The cities of El Paso, Texas, and Ciudad Juárez in the Mexican state of Chihuahua are considering a scheme to build an integrated binational bikeshare system between the two cities.”

Great overview of improv comedy and how that form has finally come to be more diverse in recent years.

“A lot of people occupying powerful positions in American soccer are not making a good faith attempt to recruit the best talent possible. The USMNT is not getting better. For those reasons alone, American soccer needs new leaders.”

“A new species of wasps in Florida was named after Ichiro Suzuki“.

The headphone compatibility problem we now face.

“I liked the actress who portrayed me. And I would like to say, ‘Gins-Burn!’ sometimes to my colleagues.”

“On Monday, the executive leadership of the USA Gymnastics Board of Directors — Chairman Paul Parilla, Vice Chairman Jay Binder, and Treasurer Bitsy Kelley — all announced their resignations, effective January 21.” Good riddance. Burn it all down.

RIP, Hisako Robets, co-founder with her husband of the legendary Salt Lick BBQ outside Austin.

“A watchdog group filed a pair of complaints on Monday alleging that a $130,000 payment reportedly made to a pornographic film actress who claims to have had an affair with Donald Trump violated campaign finance laws.”

RIP, Hugh Masakela, South African trumpeter, singer and activist who played with Paul Simon on the Graceland album and tour.

RIP, Ursula K. LeGuin, groundbreaking science fiction and fantasy author.

So, which religious conservative groups were targeted for infiltration by the Russians in 2016, and which ones got themselves infiltrated?

In case you were wondering what Garrison Keillor was alleged to have done.

“This might be one of the greatest examples of political performance art I’ve ever seen.”

“Travel to the U.S. has been declining since Donald Trump took office, leading to a cost of $4.6 billion in spending and 40,000 jobs”.

“Harvey was the most significant tropical cyclone rainfall event in United States history, both in scope and peak rainfall amounts, since reliable rainfall records began around the 1880s.”

RIP, Mort Walker, longtime cartoonist who created Beetle Bailey and Hi and Lois, among many others.

Congressional maps from an alternate universe

by Charles Kuffner.

Comments are off for this post

FiveThirtyEight goes a little nuts.

The max Dem map

Drawing clever political districts is one way politicians in Texas and elsewhere avoid accountability — by protecting themselves from voters who disagree with them. They do this by stuffing weirdly shaped geographic districts with voters who agree with them.

A new examination of redistricting shows how effective legislators have done that nationally — and in Texas, and how changing the rules for drawing political maps could dramatically change who represents you at the state and federal Capitols.

FiveThirtyEight unleashed a fascinating series of maps for their Gerrymandering Project series Thursday as the U.S. Supreme Court considers several cases that could solidify or disrupt redistricting practices in Texas and other states. In two closely watched cases, the court is deciding whether it’s possible — as a matter of law — to draw political districts that are so partisan they strip voters of their constitutional rights.

The data-centric news site crunched the numbers and lines and devised seven different ways to draw congressional maps for all 50 states: maximizing Republican seats; maximizing Democratic seats; matching each district’s partisan lean to that of the state overall; maximizing the number of highly competitive seats; drawing the greatest possible number of seats with minority-majority populations; drawing the most compact districts possible, using a computer algorithm; and drawing the most compact districts possible while crossing county lines as few times as possible.

They also offered up a full explanation of how they did it. It’s worth noting that they make no claims as to the legality of their maps — whether federal judges would approve of either their assumptions or the results.

What’s really interesting is how each set of new rules would change the maps.

The Trib story goes on to summarize the results for Texas, but I’d say at this point you should just click over and view the maps yourself. As you can see, it is possible (among other things) to draw a map where Democrats win a majority of the seats. As I recall from way back in 2003, during the DeLay re-redistricting saga, someone – it may have been Rep. Eddie Bernice Johnson, I don’t recall and don’t feel like looking – submitted a map that would have done something similar. Some of these maps would likely be illegal, some are aesthetically unpleasing, some would leave a large number of voters feeling disenfranchised, but all are at least theoretically possible. Take a look and see what you think.

I will just add, redistricting is a multi-dimensional task. Sure, if all you care about is partisan maximization, there’s not much else to consider. But in the aspirational world of non-partisan redistricting committees, there are a number of factors to consider. Districts still have to obey the Voting Rights Act, which can lead to some odd district shapes (see, for instance CDs 18 and 33 in our current map) as neighborhoods with high levels of minority voters are stitched together to ensure compliance. Other considerations like communities of interest, compactness, and competitiveness can pull things in opposing directions. Is it better to keep cities whole as much as possible, or is it better to have more members of Congress who have constituents that live in that city? There’s room for debate. Check it out and have fun.

Project Orange

by Charles Kuffner.

4 comments

This is a good thing.

Still the only voter ID anyone should need

This past Friday, January 12th, Harris County Sheriff Ed Gonzalez held a press conference along with Houston Justice representative Charnelle Thompson and Harris County Tax Office Communication and Media Relations Director Tracy Baskin, to announce what many are calling the most ambitious effort ever undertaken to help qualified incarcerated citizens register to vote who are currently in the Harris County Jail. That initiative is called Project Orange.

Project Orange is the brainchild of Houston Justice co-founder and Executive Director Durrel Douglas, whose first job out of high school was as a prison guard at a Texas prison. Douglas was moved to start this initiative after seeing how incarcerated individuals, who happened to make a mistake in their lives, were treated before and after being behind those prison bars.

“When we sat down to plan Project Orange, our goal was to reach out to eligible voters who are often ignored,” said Douglas. “When people have paid their debt to society, they should be able to rebuild their lives. Point blank…we want as many eligible voters to register, and vote. I don’t care what party they prefer, or which candidates or issues drive them. Our goal was, and continues to be to engage as many citizens as possible.”

As part of the Project Orange initiative, for four consecutive Sundays, beginning this past weekend, volunteers from Houston Justice will be escorted through the jail with voter registration cards that qualified inmates will be able to fill out. In addition, Houston Justice is staffing voter registration booths in the visitation waiting areas at the 1200 Baker Street and at the 701 San Jacinto locations.

“In our first Sunday, we registered 100 new voters,” said Douglas. “We have three more Sundays to go for our inaugural push. In the future, we plan to do this in other cities across the state as well.”

“Qualified” means just what it says – people who are legally eligible to register to vote. As the story notes, some 70% of people in the Harris County jail have not yet been convicted of anything. Many of them will not be convicted of anything, and many of the rest will plead to or be convicted of a misdemeanor. All of them have as much right to vote as you and I do. And if you still don’t like the idea of a dedicated effort to register a bunch of mostly low-level inmates at the jail, I have good news for you: You can support bail reform, so that there are far fewer of those inmates in one convenient place at a time to be registered. It’s a win-win.

Darian Ward resigns

by Charles Kuffner.

4 comments

Mayor Sylvester Turner’s press secretary resigned Friday afternoon, three weeks after news broke that she had been suspended for routinely conducting personal business on city time and failing to release public records.

Ward sent or received roughly 5,000 pages of emails about personal business from her government account over the last four years, many of which dealt with reality shows she was pitching to television networks or a charity for which she serves as an advisor.

Ward, who earned $93,712 annually, was suspended for 10 days without pay in late December.

Her resignation came hours before new emails showed Ward again had tried to block the release of a portion of the personal business documents she sent on city time. The Houston Chronicle and other news outlets sought the emails under the Texas Public Information Act.

“I believe many of the documents which include show concepts, treatments, etc. are protected through the Writers Guild Association’s registration. Legal needs to be advised,” Ward wrote to colleagues two weeks ago.

Assistant City Attorney Danielle Folsom replied last week, saying the city attorney’s office “does not believe that registration with the Writer’s Guild of America makes information confidential under the TPIA.”

Ward still wanted to seek an opinion from the Texas attorney general’s office, emails show. Pamela Ellis, founder of a charity Ward was promoting on city time, also asked the city to withhold documents.

As a result, the city released roughly 2,500 pages of Ward’s emails on Jan. 19.
With the release of that first batch, Ward expressed confusion that her attempt to intervene had not fully halted the city’s records release.

“How were emails released when I’m waiting to write the AG’s office?” she wrote to coworkers that evening.

The city distributed nearly 1,200 additional pages Thursday, accompanied by a letter to the attorney general’s office.

“The city takes no position with respect to the public availability of the requested information and will not raise any arguments on behalf of any third party,” Folsom wrote in requesting a ruling from the attorney general’s office.

See here for some background. As I said at the time, if that original story was all there was – if we knew all there was to know when that first story came out – then we’d all forget about it soon enough. That wasn’t the case, and so here we are. We’ve had email in the workplace for some 20 years now, and you’d think people would be clear on what “appropriate use” is by now. I honestly don’t know what Ward was thinking, but at least she’ll have more time to work on that show she’s trying to develop now. Her successor is Mary Benton, like Ward a former TV news reporter, who had worked for Gene Locke during his time as County Commissioner. I know Mary from the local politics scene, and I wish her well in the new gig.

PPP poll: Cruz 45, O’Rourke 37

by Charles Kuffner.

13 comments

Our second poll in the Senate race, this one more favorable than the last one.

Rep. Beto O’Rourke

Democrat Beto O’Rourke trails Texas Republican Sen. Ted Cruz by single digits — 45-37 percent — according to new internal polling released by a Democratic group aimed at keeping corporate money out of politics.

End Citizens United’s poll, released Wednesday morning, comes weeks after Cruz’s campaign released its own internal numbers showing him leading O’Rourke 52-34 percent, with 13 percent undecided.

[…]

Cruz won approval from 38 percent and unfavorable review from 49 percent the ECU poll. Sixty one percent of respondents had never heard of O’Rourke. Twenty percent had a favorable opinion of him, while 19 percent viewed him unfavorably.

The poll was conducted by the Public Policy Polling, which works for Democratic interests, from January 17-18. It has a margin of error of plus or minus 3.6 percent. It surveyed 757 Texas voters, 73 percent on landline telephones and 27 percent online.

Sixty-three percent said they were more likely to support a candidate who has pledged to not accept money from corporate special interests. After telling respondents about O’Rourke’s pledge not to take PAC money, the poll showed him in a statistical tie with Cruz, 43-41 percent.

See here for the poll data, and here for more on that previous Republican poll. The main difference between the two, as RG Ratcliffe also observes, is the favorability numbers for Cruz. The better those are, the better the poll for him. I don’t think that’s anything profound, but it is a key metric to watch for as further polling gets done. That Republican poll looked like an outlier to me in that Cruz’s favorables had been generally weak in other surveys, but there’s not enough data to say for sure. The more results you see with him under water, the better Beto’s odds will be.

Mayor proposes new floodplain development rules

by Charles Kuffner.

1 comment

Mayor Sylvester Turner

Mayor Sylvester Turner on Wednesday proposed tightening development rules to strengthen Houston’s defenses against flooding, the city’s first concrete step to change building practices since Hurricane Harvey inundated hundreds of thousands of homes last August.

Turner’s proposed changes would require all new buildings outside the floodplain to be elevated two feet above the ground, and all new construction within the 500-year floodplain to be lifted two feet above the projected flood level during a 500-year storm. Current rules stipulate that buildings be constructed one foot above the flood level in a 100-year storm.

The mayor also intends to make builders redeveloping large parcels of land provide more stormwater detention than city rules currently require.

“We have had floods in each of the last three years, with Harvey being the worst. There will be other epic rainstorms, and they probably will arrive a lot sooner than 100 years or 500 years from now,” Turner told City Council. “As we build back from the damage to existing homes, we have to build forward to prevent future homes from flooding.”

City officials expect to release proposed legal language in the coming weeks, then submit the new rules for City Council consideration by mid-February. If approved, there likely would be a months-long grace period before the laws take effect, Turner said.

Though not final, the city’s intended overhaul of development rules would be more extensive than those Harris County approved last month.

See here and here for the county’s development changes. As the owner of a pier-and-beam house, I have to say I don’t understand why more houses aren’t built that way, but maybe with this change more of them will be. This won’t be transformative – it only applies to new development – but you have to start somewhere, and given that we didn’t start this years ago, the next best time is now. I look forward to seeing the details.

Microbreweries organize again

by Charles Kuffner.

1 comment

Craft brewers are asking beer fans to put their money where their thirst is.

Six weeks before state primary elections, the Texas Craft Brewers Guild on Monday launched a political action committee to raise money and awareness to challenge “archaic, anti-competitive beer laws” it says are holding back an industry poised for dramatic growth.

The PAC already has raised more than $40,000 from among its approximately 250 brewery members, with the largest individual donations coming from the owners of Austin Beerworks and Saint Arnold, Live Oak and Deep Ellum Brewing Cos. Much of the money raised by the new CraftPAC will go to support state legislative candidates who support the brewers’ agenda, guild executive director Charles Vallhonrat said

CraftPAC so far has donated $1,000 each to two incumbent legislators – one Democrat and one Republican – in the Austin area.

“We intend to influence where we can,” Vallhonrat said.

Here’s the CraftPAC finance report for January. The legislators in question are Reps. Eddie Rodriguez and Tony Dale, though I’m sure there will be more. It’s one thing to give money to a friendly incumbent in a friendly district, but it’s something else altogether to contribute to someone who’s looking to take out an enemy. We’ll see how seriously they decide to play.

Brewbound has more details:

Initially, CraftPAC will focus on legalizing of to-go sales from production brewery taprooms, which Texas law currently outlaws. Although the state’s manufacturing breweries are not allowed to sell beer for off-premise consumption, the state’s brewpubs, wineries and distilleries are allowed to sell their products to-go.

Speaking to Brewbound, Texas Craft Brewers Guild Executive Director Charles Vallhonrat said Texas distributors have had a financial edge over brewers after giving more than $18 million in political contributions to lawmakers. CraftPAC, he added, is a way to level the playing field.

“We want to be on the same field,” he said. “We know that they have big bats, but we need to be on the same field to say we’re in the game.”

CraftPAC board chairman and Austin Beerworks co-founder Adam DeBower added that Texas’ brewers haven’t had a voice in the legislature since 2013, when several lawmakers who supported brewers retired or moved on.

“We don’t have any champions left,” he said.

[…]

Vallhonrat said last year’s passage of House Bill 3287 — which put tighter restrictions on how beer that is sold for on-premise consumption at brewery taprooms — was the catalyst to the formation of CraftPAC.

“The blow we received from 3287 showed the overwhelming power that the distributors wield,” he said. “That they could influence a bill that absolutely no brewery supported, and they could go around saying this was for the protection of breweries and convince the Legislature and get it passed, that really demonstrated what we’re fighting against.”

In 3287, Texas lawmakers changed the way the state’s barrel cap is calculated, adding production across multiple brewing operations rather than from individual facilities. Now, breweries making more than 225,000 combined barrels annually will be required to repurchase their own product from a wholesaler in order to continue selling beer for on-premise consumption in their taprooms.

In the announcement of CraftPAC, the Guild also cited the 2013 passage of Senate Bill 639, which prohibits breweries from selling their distribution rights to wholesalers, and led to a lawsuit that will be decided by the Texas Supreme Court.

Vallhonrat told Brewbound that CraftPAC will also work to make other “common sense updates” to Texas’ alcohol code such as eliminating the distinction between “ale” and “beer.” According to the Texas code, an ale is a beer above five percent ABV while a beer is under five percent ABV. Such distinctions are costly, and add market confusion and work for brewery owners, he argued.

DeBower added that CraftPAC would work to equalize licensing differences between breweries and brewpubs. Currently, brewers are required to have a manufacturer’s license while brewpubs receive retail license and are afforded different privileges, such as off-premise sales.

If you’ve read this blog for any length of time, you know what I think of this state’s ridiculous, anachronistic, and extremely consumer-unfriendly beer laws. (If you’re new here, you can now probably guess.) I support all of this, of course, but I’m shaking my head a little because this is at least the third separate effort to organize and whip up public opinion in favor of modernizing the beer codes. There was a bipartisan blog-based effort in 2007, of which I was a part, and the now-dormant Open The Taps group that helped spearhead the 2013 laws that represented the one step forward we have taken. The experience since then shows that a movement can never take anything for granted – what has been done can be undone, or at least undermined. I wish CraftPAC all the success – their Facebook page is here; give it a Like – and I especially wish that they stay around and keep at it well after they do have success.

Texas Central picks its midway stop

by Charles Kuffner.

1 comment

Hello, Roans Prairie.

A proposed high-speed train between Houston and Dallas on Thursday announced its midpoint, even as common ground with opponents near the proposed Roans Prairie stop remains elusive.

Texas Central, the company proposing the Texas Bullet Train, said the only stop between Houston and Dallas will occur at a 60-acre site along Texas 30, just west of Texas 90. The spot is about midway between College Station and Huntsville, officials said.

The announcement comes 10 days before a round of meetings to discuss the project, coordinated by the Federal Railroad Administration, following the release in December of an environmental assessment of the train line. The federal agency must still approve plans for the project, estimated to cost at least $12 billion. Public meetings start Jan. 29 in Dallas and move south. A meeting in Houston is planned Feb. 5.

[…]

The so-called Brazos Valley stop acts as the only other place people can hop aboard.

“This will drive growth in Texas not only to the big cities but also to the areas around the station. It’s going to be very exciting,” said Brady Redwine, a vice president of Texas Central, in a statement.

Grimes County residents, however, have been some of the staunchest critics of the project, which has faced stiff opposition from affected landowners and many rural residents who say the line is unnecessary and ruinous to their rustic surroundings.

Roans Prairie is in fact in Grimes County. One way of looking at this is that it’s a direct response by Texas Central to the criticism that the rural areas between Houston and Dallas where some land will need to be taken for the right of way will see no benefit from the train line. If this goes as planned, then one of the hotbeds of such criticism will in fact get something potentially quite substantial out of this. That could be quite the construction project, on that large tract of basically empty land. Put in the station, some retail, a place to eat, shuttle service to College Station and Huntsville and maybe one or two other places, and now you’ve got a lively enterprise in the middle of what was once nowhere. Will it change any minds? Can’t hurt to try.

Friday random nine – Come, come now, part 3

by Charles Kuffner.

Comments are off for this post

Finishing this topic up, with some gerund usage at the end. A nice gerund, not an obscene gerund.

1. Come To My Party – Black Joe Lewis
2. Come To Poppa – Bob Seger & The Silver Bullet Band
3. Come To Your Rescue – Thinkman
4. Come Together – Aerosmith
5. Come Together – Ike & Tina Turner
6. Come Together – John Lennon
7. Comin’ Home – Robert Ellis
8. Coming For You – von Grey
9. Coming Up – Paul McCartney

I don’t usually put the same song title in these lists more than once, but I was trying to get to ten (and still fell short). I also don’t spell “Papa” the way Bob Seger does. Where do you fall in the “Papa/Poppa” debate, or for that matter “Mama/Momma”? These are the issues are candidates don’t want to talk about.

Interview with HP Parvizian

by Charles Kuffner.

Comments are off for this post

HP Parvizian

I start scheduling interviews well in advance of when I start publishing them, for a variety of reasons. These things take time, people have schedules that need to be accommodated, myself included, and stuff happens that you can’t foresee. Sometimes that means people asking for a postponement for unexpected obstacles, and sometimes that means candidates show up at unexpected times. HP Parvizian, the Democratic candidate in CD02 for whom I did not publish an interview last week, contacted me this week to get that done. The son of immigrants, Parvizian grew up working in his father’s rug business, before going into his own businesses with dog training and therapy dogs. Here’s what we talked about:

You can see all of my Congressional interviews as well as finance reports and other information on candidates on my 2018 Congressional Election page.

Judicial Q&A: Jim Peacock

by Charles Kuffner.

Comments are off for this post

(Note: As I have done in past elections, I am running a series of Q&As for judicial candidates in contested Democratic primaries. This is intended to help introduce the candidates and their experiences to those who plan to vote in March. I am running these responses in the order that I receive them from the candidates. You can see other Q&As and further information about judicial candidates on my 2018 Judicial page.

Jim Peacock

1. Who are you and what are you running for?

Jim L. Peacock, candidate for Judge, Harris County Probate Court #2

2. What kind of cases does this court hear?

A probate judge must supervise the administration of the estates of deceased persons whether created by will or intestacy while considering what is the intent of the testator and in the best interests of the beneficiaries and estates. Additionally, probate courts administer guardianships and are responsible for the appointment and supervision of guardians and ad litems appointed by the court and insuring the proper care and treatment of the wards. A probate court is also a trial court with the same jurisdictional limits as a Civil District Court and with the ability to have a 12 member jury rather than just 6 members. Virtually any subject matter that could be tried in a civil court can be heard by a statutory probate court if the issue touches on the matters pertinent to the deceased, the estate or the probate.

3. Why are you running for this particular bench?

Although the prior Judge of this Court was a decent jurist, this is now an open bench. Some of the probate courts have been the subject of ridicule and there has been the appearance of corruption and impropriety. The appointment, supervision and payment of guardians and ad litems creates an environment where true integrity and objectivity must be unquestionable. The payment to the lawyers that frequently perform those duties must be fair to the persons doing the work while always focusing on the requirement that the assets of the wards must be protected and preserved for the benefit of the wards. That means that the court cannot appear to favor any lawyer or group of lawyers in the appointment to those positions and the amount of payments and distributions must always put the wards’ interests first. I am not part of any probate clique and can make certain that the priorities are followed and that all participants are treated fairly and honestly. Also, the probate courts are trial courts; unfortunately, many times the judges in those courts are not necessarily good trial lawyers. Therefore, it has been difficult for parties that need a trial to get one in the probate courts. I can remedy that problem since I believe in the jury system and have the extensive trial experience to give the litigants a truly fair trial. We need greater diversity of opinion on the courts in Texas. Some courts have been dominated for several years by Republicans of a mindset that some perceive as not completely unbiased. Diversity of opinion can be derived from having different backgrounds and life experiences. The extent of my exposure to more diverse legal experience has enabled me to have a more open and objective approach to matters that will come before the court. I am not beholden to any group or limited by a closed political philosophy. My professional and life’s experiences make me well suited to be a probate Judge.

4. What are your qualifications for this job?

Over 36 years of litigation experience representing thousands of clients. I have tried approximately 200 trials and numerous appeals. I have drafted wills and trust agreements and advised guardians, executors and beneficiaries of estates. I have represented Executors, Guardians, Beneficiaries, the Government, Individual Plaintiffs and Defendants, Partnerships, and Corporations in complex civil litigation. Some of the issues tried include: civil rights violations, disability discrimination, racial discrimination, slander, libel, legal malpractice, invasion of privacy, fraud, usury, breach of contract, car wrecks, medical malpractice, sexual harassment, guarantor breach, premises liability, and more. The diversity of my experience and the variety of judges I have appeared before has given me a clear understanding of what it takes to be a good judge. I have become adept at understanding the unique nature of each person and each case. I have experienced injustice and unfairness from courts that were indifferent to the rights of individuals. I have also experienced the pleasure of appearing before well-qualified and compassionate jurists, one of which I aspire to be.

5. Why is this race important?

There are only four statutory probate courts in Harris County. These courts have very broad jurisdiction with diverse responsibilities and extremely heavy dockets. The potential effects of this court extend to parties far beyond the potential beneficiaries of a deceased’s estate. In addition to managing probate estates the court also manages guardianships, which must be carefully supervised to insure the proper care of the wards and preservation of their rights and assets. The third leg of responsibility of a statutory probate court is trial. The court has the same jurisdictional limits as a state district court. As such this court needs a lawyer that has the right temperament to be a judge and the experience to rule properly and fairly. Presently the judges of these courts are all Republicans. The method of appointment and amount of payment to lawyers practicing as ad litems and guardians before the courts has reduced the publics’ belief in the objectivity and fairness of the court. It is crucial that the integrity of the courts be preserved and beyond reproach. We need balance to be returned to the courts in Texas including the probate courts. We also need judges with sufficient diverse experience to expand the capabilities of the courts to their statutorily authorized capabilities. Ensuring an efficiently run court and issuing timely fair rulings is important to obtaining justice and I can bring that result to this court.

6. Why should people vote for you in the March primary?

I am the candidate with the best judicial temperament and broadest experience to qualify me to perform the multifaceted duties of a probate judge. I have more actual jury trial days than almost any candidate running this year for any bench. My trial experience has covered diverse areas of law more than most lawyers ever experience. My experience has been on both the plaintiffs and defense side of civil matters. I have learned by practical, real life, experience the importance of having a judge that is unbiased, fair and knowledgeable. I believe in protecting access to the courts of all persons and I oppose the recent trend to restrict access to the courts for parties who cannot resolve their problems in other ways. I have seen how arrogance from the bench can create a hostile environment in the courtroom and I hope to show a more humble, patient, tolerant, servant oriented, demeanor as a judge. I offer the voter the opportunity to select a candidate that has years of dedicated support and active participation in Democratic Party politics combined with over 36 years of relevant legal experience to qualify me for the position sought.

HISD working on a bond issue

by Charles Kuffner.

Comments are off for this post

It’s going to be quite the year for HISD.

Voters living in Houston ISD could be asked to approve a new school bond totaling at least $1.2 billion as early as November, according to a recently unveiled district financial plan.

The bond would finance major construction projects, technology upgrades, fine arts purchases and other capital costs. If the bond request totals $1.2 billion, it would likely come with a tax increase of 3 cents to 7 cents per $100 of taxable value, depending on Hurricane Harvey’s impact on property values, district administrators said.

For a homeowner with a property valued at about $275,000, roughly the average in HISD in recent years, the increase would amount to $80 to $190 per year.

District leaders unveiled the plans over the weekend during a wide-ranging preview of major changes to the district’s budget, magnet schools program and approach to long-failing schools. HISD’s last bond election came in 2012, when two-thirds of voters approved a $1.89 billion request.

District leaders did not present specific projects or amounts, but they’re expected in the coming months to finalize a proposal for school board members. Board trustees must approve sending a bond election to voters.

Administrators said the bond would help finance new campuses in pockets of the city’s west and south sides, where student enrollment has grown, along with upgrades to outdated elementary and middle schools. The 2012 bond largely focused on renovating and building new high schools, with 26 campuses getting about $1.3 billion worth of construction.

The district’s financial staff estimates that a $500 million bond request could be passed without raising taxes, but the amount “would not do much for a school district of this size,” HISD Chief Operating Officer Brian Busby said.

“It would be something that would possibly pass, depending on what you do, but it would not be as impactful as we need a bond to be, based on our strategic vision moving forward,” Busby said.

Add this to the other items already on the plate and once again you can see what a busy year the Board has for itself. The initial reaction I saw to this on Facebook was not positive, which may have been the result of this coming on the heels of the announcement about changes to the magnet school program – lots of people I know are already plenty anxious about that. It’s also a weird year for politics, people feel like there’s too many things for them to keep track of, and I’m sure some people are wondering why there’s another bond issue six years after the last one. HISD bond issues generally pass easily – the one in 2012 got 69% of the vote – but I suspect the Board and Superintendent Carranza are going to have to put together a solid plan and sell it to the voters, with a strong promise of engagement and accountability. I would not take anything for granted.

Hall calls for four more

by Charles Kuffner.

Comments are off for this post

Congrats to all.

Chipper Jones, Vladimir Guerrero, Jim Thome and Trevor Hoffman were elected to the Baseball Hall of Fame, it was announced Wednesday.

Jones and Thome were both elected in their first year of eligibility. This is the fourth time that the Baseball Writers’ Association of America has elected four players in a year (1947, 1955, 2015).

“It was waterworks,” said Jones, who drew 97.2 percent of the vote after being selected on 410 of 422 ballots.

The four will join veterans committee inductees Jack Morris and Alan Trammell in entering the Baseball Hall of Fame on July 29 in Cooperstown, New York.

It took 75 percent for election, or 317 votes, to be elected into the Hall of Fame. Designated hitter Edgar Martinez came close — falling just 20 votes shy — after a grass-roots campaign. Roger Clemens, who was picked on 57.3 percent of ballots, and Barry Bonds (56.4), both tainted by the steroids scandal, edged up in voting totals but again fell far short.

[…]

[Mariano] Rivera highlights the newcomers on next year’s ballot, once again raising debate over whether any player will be unanimously elected to the Hall. Todd Helton, Andy Pettitte and the late Roy Halladay also will be first-time candidates.

For Martinez, who finished with 70.4 percent of the vote in his ninth time on the ballot, it was the second straight year with a significant jump; he was at 58.6 percent in the 2017 voting.

Martinez remains optimistic about his chances in 2019.

“Getting 70.4 percent is a big improvement, and all I can think right now is that it’s looking good for next year,” Martinez said on a conference call. “It would have been great to get in this year, but it looks good for next year.”

Just four years ago, Martinez was slogging at 25.2 percent in the balloting, but the past few years have marked a major change in how voters are viewing his contributions, even though he rarely played the field after 1992. Martinez’s career .312 batting average, .933 on-base plus slugging and seven All-Star Game appearances created a strong foundation for his candidacy.

“At that time, I thought I would never get to this point,” Martinez said. “It is encouraging to see 70 percent going into my final year. I just feel I still have a good chance. But yeah, 2014, I didn’t think I was going to be at this point right now.”

In addition to Martinez, Clemens and Bonds, pitchers Mike Mussina (63.5) and Curt Schilling (51.2) were named on more than half the ballots but were not elected.

See here for the earlier election. I don’t have any quarrel with the four inductees, though I’m not sure how Hoffman came to be so much more favored over Billy Wagner, but that’s neither here nor there. I’m more pleased by the showings of Edgar Martinez and especially Mike Mussina. The logjam is clearing up a bit, and I feel like that bodes well for their chances. Deadspin has more.

Interview with Dayna Steele

by Charles Kuffner.

1 comment

Dayna Steele

Though I often find the task I set for myself of interviewing candidates every year daunting, I do enjoy it. I’ve met a lot of good and interesting people this way, and I always find it energizing to hear their desire to serve the public and make the world a better place. And once in awhile I get to talk to someone like Dayna Steele, and who wouldn’t want to do that? You may know her as the midday DJ on the old rock station KLOL, you may know her as an executive with a NASA aerospace contractor, you may know her as an author and speaker and video producer. Now you know her as a candidate for CD36, one of legions of women seeking to restore sanity and normality in our country. Here’s our conversation:

You can see all of my Congressional interviews as well as finance reports and other information on candidates on my 2018 Congressional Election page.

HISD’s plan to avoid state takeover

by Charles Kuffner.

Comments are off for this post

We’ll see how this works. As we know, the stakes are quite high.

Houston ISD administrators have proposed dramatic changes to 15 low-performing schools that, if approved, could temporarily prevent the state from taking over the district’s Board of Trustees or shuttering campuses.

In a bid to preempt state intervention and improve academic performance, the district is proposing two options for each of the 15 schools: either allow an outside organization to take control of hiring and curriculum, or close and immediately reopen the campus with entirely new staff and programming before the 2018-19 academic year.

Under the latter option, the campus would only serve limited grade levels in 2018-19 — pre-kindergarten and kindergarten in elementary schools, sixth grade in middle schools and ninth grade in high schools. As a result, the majority of students at any close-and-reopen school would be displaced in 2018-19. Each campus would add one grade level in subsequent years.

The sweeping proposal, which remains in the early stages, comes as Houston ISD faces significant sanctions for its failure to improve chronically low-performing schools following the 2015 passage of a law known as HB 1842.

[…]

District administrators haven’t recommended which schools would employ partnerships or close-and-reopen. They are expected to present recommendations at a Feb. 1 board meeting, with community meetings planned throughout the month. Administrators are aiming for a board vote on the changes by early March.

Add this to the other big changes in the works and you can see what an ambitious agenda the board has for itself. Again, there’s a lot there and I encourage you to read it all, and to get involved in the process. There ought to be plenty of opportunities to engage, so if you want HISD to hear what you think about, get out there and tell them.

Endorsement watch: Two more benches

by Charles Kuffner.

Comments are off for this post

Judge, 313th Judicial District: Natalia Oakes

Natalia Oakes, 66, earns our support in this primary contest against a qualified opponent, John Stephen Liles. Although Liles has spent nearly twice as long as a member of the bar, Oakes has more experience in juvenile courts. Voters should want a candidate with that specific focus to serve on this specialty bench.

Both candidates favor a rehabilitative approach for juveniles. But while Liles emphasizes vocational training, Oakes displays a deeper knowledge of area rehabilitation and mental health resources. She has dedicated her legal career to helping children and her background as a teacher makes her well-suited to evaluate the most effective programs available to guide young people to a second chance in leading a successful life. Voters should give this Thurgood Marshall School of Law at Texas Southern University graduate the chance she requests “to roll up my sleeves and get to work.”

I’ve got a Q&A for Oakes in the queue – it will publish on Monday. A Q&A for Tracy Good, who is also in this race but apparently didn’t screen with the Chron, is here.

Judge, County Civil Court-at-Law Court No. 2: Jim F. Kovach

Democratic voters have a choice between two qualified candidates with very different backgrounds. Jim F. Kovach is a former board chair of Legacy Community Health who has spent more than 20 years working almost exclusively in Harris County civil courts at law. Stanley Santire is a former military officer with extensive national and international experience, including working as chief legal counsel at Lockheed Aircraft International.

We encourage voters to back Kovach, 52, a graduate of the University of Houston Law Center. While Santire has an impressive career, Kovach has the on-the-ground experience in these specific courts that makes for a qualified judge.

I don’t have a Q&A from Kovach, but I do have one from Santire, which is here. That link also contains endorsements for two Republican primaries on these benches.

Texas blog roundup for the week of January 22

by Charles Kuffner.

Comments are off for this post

The Texas Progressive Alliance is now fully aware of what the phrase “freeze your keester off” means as it brings you this week’s roundup.

Interview with Allison Lami Sawyer

by Charles Kuffner.

2 comments

Allison Sawyer

I’ve done probably a couple hundred interviews since I first got the idea to talk to candidates as a way of doing this blog. Many of them have been for primaries and odd year races, where I may or may not have a preferred candidate, or I may be trying to decide for myself whom to support. Every once in awhile, though, there’s a race where there is no choice, because one candidate is completely unacceptable. You know what and who I’m talking about here, in the primary for HD134. There’s the idiot Lloyd Oliver, and then there’s Allison Lami Sawyer, the one candidate worth your vote in HD134. A physicist with an MBA from Rice, she is the CEO of an oil and gas safety firm, and in case I haven’t mentioned it, she’s also the only candidate worth your vote this March. Here’s the interview:

You can see all of my legislative interviews as well as finance reports and other information on candidates on my 2018 Legislative Election page.

Judicial Q&A: Linda Dunson

by Charles Kuffner.

Comments are off for this post

(Note: As I have done in past elections, I am running a series of Q&As for judicial candidates in contested Democratic primaries. This is intended to help introduce the candidates and their experiences to those who plan to vote in March. I am running these responses in the order that I receive them from the candidates. You can see other Q&As and further information about judicial candidates on my 2018 Judicial page.

Linda Dunson

1. Who are you and what are you running for?

My name is Linda Marie Dunson. I grew up in a small town in east Texas. I grew up very poor and disadvantaged. As a child decisions were made about me by others who were not my family, nor did they live in my neighborhood, nor did they look like me. Those who were in “authority” assessed my situations and made judgments and predetermined my sentence without giving me the opportunity to speak for myself nor did they communicate with my family. As an example, since my mother was a maid I was told that I would also be maid because it was a self fulfilling prophecy. They were wrong! They fueled the desire in me, the fire, the passion for advocating on behalf of others, especially children.

I am running the position of Judge for the 309th Family District Court, Harris County, Texas.

2. What kind of cases does this court hear?

The Family District court oversees matters such as divorce, adoption, child support, child protective services, and other related matters.

3. Why are you running for this particular bench?

I am running for the 309th because I want to see respect for both lawyers and client, decency and integrity returned to the bench. I want to see all who come before the court be treated justly, fairly and impartially, without being discriminated against because they look different or have a different sexual orientation, while respecting the rule of law . I want to see passion for people in general and compassion for people who are experiencing one of the most emotionally upheaval times in their lives. I want to see each case treated individually and not just rubber stamped. I want to stop seeing so many families broken when they can be mended. I want to stop seeing children treated as puppies in an adoption puppy mill. Strong family equals a strong America. I want to see a stronger America.

4. What are your qualifications for this job?

I am academic. In addition to my law degree, I have an LL.M inTax and I am a licensed U. S. Customs broker. All of which requires a heighten level of reading comprehension and critical thinking. Therefore, I have the capabilities to read, comprehend and interpret the many laws associated with the practice of family law.

I am knowledgeable. My practice of law has been centered on issues involving family matters. I worked several years providing free legal services consisting of mostly family law to indigent individuals. From time to time, I volunteer with different agencies to provide family law legal services to the poor. I attend family law continuing education seminars. I have always surrounded myself with mentors who are certified in a particular practice area of law, i.e.,family.

I have management experience in the fast food industry, haircare industry, and as a legal program director. As well, I have been a small business owner since the 1980s. Additionally, I have an Advanced Family Law Mediation certification. My managerial experiences helped to develop my listening and organizing skills. The aforementioned experiences also allowed me to interact will all types of people. Management and people skills are necessary to maintain the decorum of the court and operate it in an organized an effective manner.

I am compassionate. I understand the human condition. I understand that the are many ethnic groups with many cultural norms living in America. I understand that there are individuals who may believe differently than I in regards to religion and sexuality.

I have the a demeanor that is becoming to a Judge. I am consistent in my dealing with people. I believe that everyone is entitle to a fair, impartial and just decision. I listen and I connect with people. Moreover, I believe the rule of law should be respected.

I believe that lawyers ought to be allowed to represent their client zealously without being disrespected by the bench. Let the lawyers practice law and let the Judge be the judge.

Family is my passion. I believe that family comes in all shapes and sizes. Dynamics in the family are reflected in the dynamics that are seen in society. I believe that everyone deserves to be heard and to be treated with decency and a certain level of respect.

5. Why is this race important?

This race is important because children and families are important. Families are the backbone of this great country. And, children are the future of our Nation. Both, family and child, deserve fairness, justice, impartiality and equal protection of the law.

6. Why should people vote for you in the March primary?

People should vote for me because I genuinely care. I have advocated for others ever since I can remember. I have been in the trenches. I have given brain, brawn and bucks to improve the human condition, expecting nothing in return. I have been consistent.

I am a Progressive Democrat with traditional democratic values. I believe in Opportunity, Equality, Hard Work (Jobs), Education, Healthcare. I believe in embracing differences. I believe in equality, justice and fairness. And, I truly believe that a person should be judged by their character.

People should vote for me because I want to continue the fight for equality, justice and fairness.

I am the best and most qualified candidate. I bring with me knowledge, skill, an unmatched personal experience and unsurpassed compassion.

Dallas County GOP sues to knock basically all Dallas Democrats off the ballot

by Charles Kuffner.

6 comments

Well, that escalated quickly.

Dallas County Republicans have filed a lawsuit to have 128 Democrats kicked off the March 6 primary ballot.

The lawsuit, filed in Dallas County late Friday, contends that Dallas County Democratic Party Chairman Carol Donovan didn’t sign the petitions of 128 Democratic Party candidates before sending them to the Texas Secretary of State’s office, as required by law.

“The Election Code says the chairman, and nobody else, has to sign them,” said Elizabeth Alvarez Bingham, a lawyer for the Dallas County Republican Party. “Carol Donovan is the chair. She was supposed to sign them. She didn’t do it.”

The news stunned some Democrats after a lawyer for their party notified them of the lawsuit Sunday afternoon.

“We have assembled a legal team of Dallas’ best and brightest Democratic election law attorneys,” Donovan said late Sunday in a news release. “Though we are taking this case seriously, the Republican Party’s lawsuit is not supported by Texas law. We will fight to ensure that all Democratic voters in Dallas County can participate in a fair Primary election.”

[…]

According to the lawsuit, only a fraction of the candidate petitions approved by Donovan actually contained a signature by her hand. The GOP lawsuit alleges Donovan’s signature on other petitions was not hers.

There’s not a whole lot of information to go on here, so let me note a couple of comments I saw on Facebook from people who know election law far better than I do. The first is from Glen Maxey:

“This is a frivolous lawsuit. The Primary Director, under the direction of the Chair, signed these forms. That’s the way it’s been done for decades. And the courts have ruled that way in the past.”

And the second is from Gerry Birnberg:

“And that’s how the Harris County Republican Party does it (or has for years).”

To that extent, and based on another comment I saw, here is Sec. 1.007:

DELIVERING, SUBMITTING, AND FILING DOCUMENTS. (a) When this code provides for the delivery, submission, or filing of an application, notice, report, or other document or paper with an authority having administrative responsibility under this code, a delivery, submission, or filing with an employee of the authority at the authority’s usual place for conducting official business constitutes filing with the authority.

In other words – and remember, I Am Not A Lawyer – it seems like the law allows for an employee of the county party to sign the documents, in place of the Chair. Which is what Maxey and Birnberg are saying. Individual candidates have had ballot applications rejected for technical issues with petitions they have submitted, but this isn’t quite the same as that.

There’s also the question of standing, which DCDP lawyers brought up in response to this suit.

According to a document filed late Monday on behalf of 14 candidates threatened with removal from the ballot, the Dallas County Republican Party and its chairwoman, Missy Shorey, have no standing to bring the suit, since they are not candidates in the election.

“The DCRP is clearly not a candidate and Shorey does not allege that she is a candidate for any office,” according to the filing from the lawyers. “As such, neither the DCRP nor Shorey have the necessary personal interest to have standing to seek the removal of any candidate from the ballot.”

Shorey and her attorney, Dallas lawyer Elizabeth Alvarez Bingham, argue that Dallas County Democratic Party Chairwoman Carol Donovan was required to sign the candidate paperwork of Democrats appearing on the March 6 ballot and send the documents to the Texas Secretary of State. Donovan signed only a fraction of the petitions submitted to her, but her signature, clearly signed by someone else, appears on the documents of the 128 candidates in question.

But the candidates, led by state Sen. Royce West, D-Dallas, say there’s nothing in election law that requires Donovan to “sign” candidate petitions, and that she can designate a person to review and sign petitions, if she chose.

[…]

Buck Wood, an attorney for the 14 candidates who responded to the suit, said it’s unlikely that the GOP lawsuit would result in anybody being removed from a ballot.

Wood said process duties, like those of a county party chairman, should not determine the fate of an “eligible” candidate because it would open the door for sloppy or diabolical county leaders sabotaging efforts of candidates across the state.

“It’s not an eligibility issue,” Wood said. “There’s no way anybody can be replaced.”

I have a hard time believing a court would essentially cancel dozens of elections for what seems to be normal practice, but I suppose anything can happen. At the very least, it looks like this action may be dismissed or withdrawn for now, but may be raised again after the primaries. We’ll see.

Endorsement watch: 14th Court of Appeals

by Charles Kuffner.

Comments are off for this post

More judicial races. We have a long way to go with these.

Justice, 14th Court of Appeals District, Place 3: Jerry Zimmerer

This primary race presents voters with a choice between two candidates who each offer different strengths.

Jerry Zimmerer, who earned two Master of Law degrees from University of Houston Law Center in addition to his law degree from South Texas College of Law, considers this judicial bench an academic job. He has spent close to 25 years in private practice, and yet the candidate had trouble touting any cases where he fought for justice or had a lasting impact on jurisprudence in Texas.

His opponent, Joseph R. Willie II, is a retired dentist and Navy veteran in addition to being a lawyer, and he pointed to several significant appellate cases where he successfully advocated for the innocent and underdogs. However, Willie’s law license twice suffered a fully probated suspension imposed by the State Bar of Texas for running afoul of professional codes. At the end of the day, it’s hard to endorse someone with blots on his record even if he evinces the passion for the law that Willie demonstrates.

Our nod goes to Zimmerer, 63, who switched parties decades ago, noting that the Republican Party “has left me as it has left a lot of people.”

[…]

Justice, 14th Court of Appeals District, Place 8: Michele Barber Chimene

Michele Barber Chimene, our choice for Democratic nominee, has 25 years of experience practicing appellate law and has handled more than 50 civil appeals. It’s preferable that candidates have appellate experience for this bench, as the rules governing appeals are different than the rules of civil procedure that govern trials.

Chimene, 60, is a University of Houston Law Center graduate and started her career as a geologist. She is admitted to practice before the U.S. Fifth Circuit Court of Appeals and the U.S. Supreme Court, and told the Houston Chronicle editorial board that she firmly believes the Legislature should make the law, and the judiciary should just apply it.

Chimene’s Q&A is here, and a Q&A for her opponent Meg Poissant is here. They’ve split a couple of group endorsements, while Zimmerer has received all of the ones that have been given out in his race. His opponent doesn’t appear to have any web presence, which would have been a problem for me in any event. There was also a Republican race endorsement at this link, if you’re into that sort of thing.

Interview with Rita Lucido

by Charles Kuffner.

Comments are off for this post

Rita Lucido

Rita Lucido

One reason why I’m combining multiple races into individual weeks – aside from the too-many-contested-races, not-enough-weeks issue – is that unlike the Congressional free-for-alls, most of the other contested races have a more normal-sized field of two or three. There are three candidates running for SD17 on the Democratic side, though I only interviewed two of them. I did do an interview with that third candidate back in 2010 if you want to check that out. I’ve also done a prior interview with today’s candidate, Rita Lucido, as she had been the Democratic nominee for SD17 in 2014; you can find that interview here. She’s a family law attorney and longtime community activist, whom I first met years ago when volunteering for Planned Parenthood. She’s also a fellow alum of Trinity University, and you know how I love it when that happens. Here’s what we talked about:

You can see all of my legislative interviews as well as finance reports and other information on candidates on my 2018 Legislative Election page.