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District Attorney

Do not give Ken Paxton any more power

Seriously, WTF?

Best mugshot ever

A new bill would give Texas Attorney General Ken Paxton greater prosecutorial authority over abuse-of-office charges — the very crime for which the FBI is reportedly investigating the state’s top attorney.

The bill, proposed by state Sen. Paul Bettencourt, R-Houston, would allow Paxton’s office to prosecute the charges without consent from local prosecutors, as is required now.

Paxton, a Republican who has been awaiting trial in a separate, unrelated felony securities fraud case for five years, has also been also under investigation by federal law enforcement after seven former aides accused him of using the powers of his office to help campaign donor, Nate Paul, an Austin-based real estate developer. Paxton has maintained his innocence in all cases.

His office did not respond to a request for comment.

Bettencourt’s bill was inspired by an unusual case in Harris County, in which Precinct 1 Commissioner Rodney Ellis, a Democrat, was found to have stored more than 1,200 privately owned pieces of African artwork, free of charge, at a county warehouse for more than three years.

Ellis pushed the Commissioners Court to sign a 2018 deal for 14 pieces for display in county buildings, but that agreement lapsed in January. His precinct later accepted more than 1,400, few of which have ever been shown publicly. The cost of storage over those three years is estimated at between $432,000 and $576,000, according to quotes from Houston art storage facilities.

A new contract has yet to be approved, and Ellis has not been charged with any crimes, though political foes allege that it constitutes an illegal abuse of office.

The Harris County District Attorney’s office is investigating the matter. The FBI is also reportedly investigating, according to KPRC 2, which broke the initial story.

[…]

Josh Reno, deputy attorney general for criminal justice, testified Monday that the office works with local prosecutors when requested if there is a potential conflict of interest.

“Local county and district attorneys want to be elected, and they are at a disadvantage in some of these cases when they may be prosecuting a very popular individual in their community,” said Reno, a former assistant district attorney tapped by Paxton in November. “I think SB 252 gives another tool in the tool belt for prosecutors who may not have the ability or may not have the political acumen to stand up to these folks.”

That would give the office “incredible power” over local prosecution decisions, said Sen. Robert Nichols, R-Jacksonville.

“My concern is — it’s obvious in this case, probably somebody should do something — but in our history, in our state’s history, occasionally we get some renegade attorney generals who if they really didn’t like you could harass the individual official,” Nichols said.

Sen. Sarah Eckhardt, D-Austin, who was a prosecutor with the Travis County Attorney’s office for eight years, said it was “folly” to presume the state’s top attorney would be any less political than a local prosecutor.

“We’re dealing with an attorney general’s office, for which the elected attorney general’s been under indictment for five years, so if you think you’re going to get less political prosecutions out of the current attorney general’s office, I think that’s highly unlikely,” Eckhardt said.

You can say that again. I’m old enough to remember when some people thought that having a Public Integrity Unit in the office of the Travis County DA, which had jurisdiction over crimes allegedly committed by state officials, was ripe for partisan overreach. As with so many other Republican-filed bills this session, there’s no obvious need for this kind of approach. There are ongoing investigations of the allegations, which may or may not lead to a case being brought if the evidence warrants. Bettencourt claims handing the power to investigate and prosecute over to the AG would somehow restore trust in the system, but all he’s doing here is attacking the system before it even has a chance to work. And that’s without taking the deep and flagrant concerns any decent person would have with Ken Paxton.

(Has it occurred to Bettencourt that Paxton could lose next year? He came close to losing in 2018, and he’s now got the FBI dogging him, among other things. There’s no way Bettencourt files this bill if Justin Nelson were the AG. Surely that highlights the clear problem with it.)

The bill did not get a vote in committee, which is not unusual. It may get voted on later, and one of the Senators who will have a vote on it is none other than Angela Paxton. How convenient. Most likely, it dies a quiet death. But add this to the long list of particulars against Paul Bettencourt, who needs to be voted out as much as Ken Paxton does.

Precinct analysis: District Attorney 2020 and 2016

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial
Other jurisdictions
Appellate courts, Part 1
Appellate courts, Part 2
Judicial averages
Other cities

We move on now to the county executive office races for Harris County in 2020, which will be the end of the line for Harris County precinct analyses. I do have a copy of the Fort Bend canvass, though they do theirs in an annoyingly weird way, and will try to put something together for them after I’m done with this batch. With the four executive offices that were on the ballot for their regular election in 2020 – District Attorney, County Attorney, Sheriff, and Tax Assessor – we can not only view the data for this year, but do a nice comparison to 2016, since three of the four Democrats were running for re-election. We begin with the office of District Attorney:


Dist   Huffman      Ogg   Huffman%    Ogg%
==========================================
CD02   181,395  153,831     54.11%  45.89%
CD07   151,171  152,168     49.84%  50.16%
CD08    26,099   14,788     63.83%  36.17%
CD09    38,774  118,363     24.68%  75.32%
CD10   104,070   58,639     63.96%  36.04%
CD18    61,750  177,517     25.81%  74.19%
CD22    21,915   20,050     52.22%  47.78%
CD29    51,805   98,693     34.42%  65.58%
CD36    83,428   47,862     63.54%  36.46%
				
SBOE4  112,135  329,155     25.41%  74.59%
SBOE6  386,230  351,903     52.33%  47.67%
SBOE8  222,042  160,854     57.99%  42.01%
				
SD04    56,181   22,546     71.36%  28.64%
SD06    60,192  114,828     34.39%  65.61%
SD07   238,787  169,996     58.41%  41.59%
SD11    77,642   46,770     62.41%  37.59%
SD13    39,376  157,461     20.00%  80.00%
SD15   116,146  192,255     37.66%  62.34%
SD17   116,482  126,617     47.92%  52.08%
SD18    15,601   11,441     57.69%  42.31%
				
HD126   39,478   33,020     54.45%  45.55%
HD127   55,071   34,468     61.51%  38.49%
HD128   48,573   21,680     69.14%  30.86%
HD129   48,042   35,285     57.65%  42.35%
HD130   70,936   31,731     69.09%  30.91%
HD131   10,680   43,720     19.63%  80.37%
HD132   51,619   47,325     52.17%  47.83%
HD133   50,014   37,668     57.04%  42.96%
HD134   47,324   59,450     44.32%  55.68%
HD135   37,256   36,324     50.63%  49.37%
HD137   10,453   20,788     33.46%  66.54%
HD138   31,908   30,922     50.78%  49.22%
HD139   16,318   44,125     27.00%  73.00%
HD140    9,831   21,145     31.74%  68.26%
HD141    7,624   35,399     17.72%  82.28%
HD142   14,736   40,758     26.55%  73.45%
HD143   12,636   23,549     34.92%  65.08%
HD144   14,258   16,030     47.07%  52.93%
HD145   15,480   26,476     36.90%  63.10%
HD146   11,608   43,070     21.23%  78.77%
HD147   15,669   52,711     22.91%  77.09%
HD148   22,652   36,721     38.15%  61.85%
HD149   21,576   30,596     41.36%  58.64%
HD150   56,664   38,952     59.26%  40.74%
				
CC1     95,557  277,035     25.65%  74.35%
CC2    153,715  141,830     52.01%  47.99%
CC3    227,974  210,631     51.98%  48.02%
CC4    243,161  212,418     53.37%  46.63%
				
JP1     93,091  164,781     36.10%  63.90%
JP2     35,099   47,838     42.32%  57.68%
JP3     53,148   66,595     44.39%  55.61%
JP4    238,031  181,915     56.68%  43.32%
JP5    204,724  214,657     48.82%  51.18%
JP6      8,739   26,466     24.82%  75.18%
JP7     19,549   99,068     16.48%  83.52%
JP8     68,026   40,594     62.63%  37.37%

Here’s the same data from 2016. I’m going to reprint the table below and then do some comparisons, but at a macro level, Kim Ogg was the second-most successful candidate in Harris County in 2016. Her 696,955 votes and her 108,491-vote margin of victory were second only to Hillary Clinton. Ogg received 54.22% of the vote in 2016. She fell a little short of that percentage in 2020, garnering 53.89% of the vote this year, while increasing her margin to 121,507 votes. She was more middle of the pack this year, as the overall Democratic performance was up from 2016. She trailed all of the statewide candidates in total votes except for Gisela Triana, who was less than 300 votes behind her, though her percentage was higher than all of them except Joe Biden and the three Court of Criminal Appeals candidates. She had fewer votes than three of the four appellate court candidates (she was exactly nine votes behind Jane Robinson), but had a higher percentage than three of the four. Among the district and county court candidates, Ogg had more votes and a higher percentage than seven, more votes but a lower percentage than two, and fewer votes and a lower percentage than six.

(Writing all that out makes me think it was Republicans who were skipping judicial races more than Democrats. In the race immediately above DA, Democrat Julia Maldonado got 3,354 more votes than Ogg, but Republican Alyssa Lemkuil got 17,325 fewer votes than Mary Nan Huffman. In the race immediately after DA, Democrat Lesley Briones got 14,940 more votes than Ogg, but Republican Clyde Leuchtag got 30,357 fewer votes than Huffman. That sure looks like less Republican participation to me.)

Here’s the district breakdown for the DA race from 2016. It’s not as comprehensive as this year’s, but it’s good enough for these purposes.


Dist  Anderson      Ogg  Anderson%    Ogg%
==========================================
CD02   156,027  117,810     56.98%  43.02%
CD07   135,065  118,837     53.20%  46.80%
CD09    26,881  106,334     20.18%  79.82%
CD10    78,602   38,896     66.90%  33.10%
CD18    47,408  154,503     23.48%  76.52%
CD29    36,581   93,437     28.14%  71.86%
				
SBOE6  328,802  277,271     54.25%  45.75%
				
HD126   34,499   26,495     56.56%  43.44%
HD127   46,819   26,260     64.07%  35.93%
HD128   39,995   18,730     68.11%  31.89%
HD129   40,707   27,844     59.38%  40.62%
HD130   57,073   23,239     71.06%  28.94%
HD131    7,301   38,651     15.89%  84.11%
HD132   36,674   31,478     53.81%  46.19%
HD133   46,242   29,195     61.30%  38.70%
HD134   43,962   45,142     49.34%  50.66%
HD135   31,190   28,312     52.42%  47.58%
HD137    8,728   18,040     32.61%  67.39%
HD138   26,576   24,189     52.35%  47.65%
HD139   12,379   39,537     23.84%  76.16%
HD140    6,613   20,621     24.28%  75.72%
HD141    5,305   32,677     13.97%  86.03%
HD142   10,428   34,242     23.34%  76.66%
HD143    9,100   23,434     27.97%  72.03%
HD144   10,758   16,100     40.06%  59.94%
HD145   11,145   22,949     32.69%  67.31%
HD146   10,090   38,147     20.92%  79.08%
HD147   12,156   45,221     21.19%  78.81%
HD148   17,538   29,848     37.01%  62.99%
HD149   15,352   27,535     35.80%  64.20%
HD150   47,268   28,160     62.67%  37.33%
				
CC1     73,521  240,194     23.44%  76.56%
CC2    123,178  126,996     49.24%  50.76%
CC3    187,095  164,487     53.22%  46.78%
CC4    204,103  164,355     55.39%  44.61%

The shifts within districts are perhaps more subtle than you might think. A few stand out – CD07 goes from a 6.4 point win for Devon Anderson in 2016 to a narrow Ogg win in 2020, powered in large part by a ten-point shift in Ogg’s favor in HD134. On the flip side, Ogg carried CC2 by a point and a half in 2016 but lost it by four points in 2020, as her lead in CD29 went from 43 points to 31 points. Overall, Ogg saw modest gains in Republican turf – CD02, HD126, HD133, HD150, CC3, CC4 – and some Democratic turf – CD18, HD146, HD147, HD148, CC1 – and some modest losses in each – CD10, CD29, HD128, HD140, HD143, HD144, HD145, CC2.

In a lot of places, the percentages went one way or the other, but the gap in total votes didn’t change. CD09 is a good example of this – Ogg won it by 80K votes in each year, but with about 24K more votes cast in 2020, split evenly between her and Huffman, that lowered her percentage by four points. Same thing in HD127, which Ogg lost by 20,559 in 2016 and 20,603 in 2020, but added three percentage points because 16K more votes were cast. In the three Latino State Rep districts cited above, Ogg had more votes in 2020 in HD140, HD143, and HD145 than she did in 2016 – she had 70 fewer votes in HD144 – but her improvements in the first two districts were in the hundreds, while Huffman outperformed Anderson by 2,300 in HD140, by 3,500 in HD143, and by 3,500 in HD144; Huffman improved by 4,300 in HD145 while Ogg added 3,500 votes. As we’ve discussed before, it will be interesting to see how these districts perform going forward, and in lower-turnout scenarios.

So we see some changes in where the vote was, with Ogg building a bit on 2016, in the same way that Joe Biden built a bit on what Hillary Clinton did in 2016. As I write this, I haven’t actually taken this close a look at the district changes in the other county races, so we’ll learn and discover together. I think we can expect that some of this behavior is mirrored elsewhere, but this is the only race with an incumbent running for re-election who did basically as well as they had done before, so the patterns may be a little harder to discern. But that’s what makes this exercise so interesting each cycle. Let me know what you think.

The Harris County Election Security Task Force

I hadn’t realized that this was a thing, but it was and I’m glad it was.

A task force formed to ensure the security of the November election in Texas’ biggest county has found no evidence of wrongdoing after finishing its work.

The Harris County Election Security Task Force was made up of the Harris County Precinct 1 constable’s office, the district attorney’s office, the county attorney’s office and the county clerk’s office. In a report published Friday, the task force said it “received approximately 20 allegations of wrongdoing that needed to be elevated to the level of a formal investigation.”

“Despite claims, our thorough investigations found no proof of any election tampering, ballot harvesting, voter suppression, intimidation or any other type of foul play that might have impacted the legitimate cast or count of a ballot,” the report says.

[…]

The task force operated from Oct. 13 through Nov. 3, which was Election Day, according to the report. Undercover officers made 6,311 visits to 122 early voting and 806 Election Day polling sites. The task force responded to 77 calls for service. And it used four explosive-detecting K-9 units to to make 323 sweeps of polling locations, as well as “continual sweeps” while voters dropped off ballots at NRG Stadium on Election Day. (The task force found no explosives.)

“We all worked together to ensure our elections, which are the lifeblood of democracy, were free and fair and that any and all allegations were thoroughly investigated,” Ogg said.

The report is here, and it’s an easy read. This is good from a pragmatic perspective, in that it was good for the various law enforcement agencies to work together and coordinate efforts, and it was good from a transparency perspective, as each incident is detailed along with the response and resolution. You should read through the incident reports, which begin on page 8 and are the bulk of the document. Incident #2 was the subject of some fever-swamp “reporting” on right wing websites – a fellow Democrat who had come across one of those stories emailed me about it early on, and I noted in my reply to them the various ways in which it sounded like BS – while incident #22 was the Aguirre situation, which the report noted was referred to the DA’s office. The fact that in addition to responding to calls from the public, the task force made regular proactive checks on voting locations to ensure their safety was retroactively reassuring to me. It also had an actual, positive effect, unlike the fear-mongering and snipe hunting our state leaders engaged in. Put this down as another innovation from 2020 that we should keep on doing in the future.

A closer look at the Aguirre/Hotze debacle

This WaPo story was pointed out in the comments here, and it’s worth your time to read. I should note that while the Houston Chronicle has not (at least so far) identified the air conditioning repairman that Aguirre attacked, this story did identify and talk to him. For now, I’m going to stick to the Chron’s style guide, so where the WaPo story includes his name, I’m going to put “[the ACRM]” in my excerpt, to stand for “the air conditioning repairman”.

The episode illustrates the extreme and sometimes dangerous tactics that a set of conservative groups have employed in an effort to substantiate President Trump’s unproven allegations of widespread voting fraud in the election. Theories about truckloads of missing mail-in ballots, manipulated voting machines and illegal mail-in ballot collections have abounded in far-right circles, despite a lack of credible evidence, leading to threats of violence against election workers and officials.

Many of the fraud allegations have come in the form of lawsuits that have been rejected by state and federal judges across the country.

The overall effort in Houston stands out because it relied on an expensive, around-the-clock surveillance operation that, for reasons so far unknown publicly, targeted a civilian — authorities called him “an innocent and ordinary air conditioner repairman” — with no apparent role in government or election administration. The operation was also financed by a newly formed nonprofit group run by a well-known GOP donor in Texas and prominent former party officials in Harris County, the state’s most populous county, corporation records show.

The nonprofit group, the Liberty Center for God and Country, paid 20 private investigators close to $300,000 to conduct a six-week probe of alleged illegal ballot retrievals in Houston leading up to the election, the group has said. None of its allegations of fraud have been substantiated.

The group’s president, Steven F. Hotze, did not respond to an interview request.

Aguirre declined to say why the operation focused on [the ACRM].

“I’m not trying my case in the paper,” Aguirre, who was released on $30,000 bail, told The Post in a brief phone interview on Dec. 16. “I don’t care about public opinion. I’m trying my case against these corrupt sons of [expletives].”

The origins of Aguirre’s election fraud investigation date to the formation of the Liberty Center for God and Country in late August.

[…]

Hotze’s nonprofit group was created “for the purpose of ensuring election integrity primarily,” said Jared Woodfill, Hotze’s personal lawyer and the former executive director of the Harris County Republican Party, the county that includes Houston. Woodfill is listed on state incorporation records as a director of the nonprofit group, along with Jeffrey Yates, the former longtime chairman of the county’s Republican Party. Yates did not respond to phone messages.

“The socialist Democrat leadership in Harris County has developed a massive ballot by mail vote harvesting scheme to steal the general election,” a now-deleted fundraising page for the group alleged. “We are working with a group of private investigators who have uncovered this massive election fraud scheme.”

The group raised nearly $70,000 through a GoFundMe page from Oct. 10 through last week. Hotze has said publicly that he donated $75,000 to the probe and that an unnamed individual had donated another $125,000.

Hotze turned to Aguirre to assemble a team of 20 private investigators, according to Aguirre’s attorney, Terry Yates, who is not related to Jeffrey Yates.

“Mark would say he’s the guy who was in charge,” Terry Yates told The Post.

I’m not going to try to guess what might be going on in Steven Hotze’s whack-a-mole brain, but I do want to understand why these jokers came to focus on this one poor guy. There had to be some reason for it, however irrational and ultimately wrong-headed. If nothing else, the attorney that eventually files a massive lawsuit against Hotze for the pain and suffering our ACRM endured will want to know the full story.

In September, Aguirre wrote an affidavit for a lawsuit brought by Hotze and the Harris County GOP before the Texas Supreme Court seeking to curtail early and mail-in voting. The affidavit alleged Democrats had devised a scheme to submit as many as 700,000 fraudulent ballots in Harris County. The Texas Supreme Court dismissed the lawsuit on Oct. 7.

Nevertheless, law enforcement officials in Harris County began looking into the claims in the affidavit. The affidavit did not mention [the ACRM], but described what it contended was a broader ballot-harvesting effort directed by local Democratic officials.

Four investigators from the Harris County Precinct 1 Constable’s Office, which is responsible for investigating voter integrity issues, were assigned to the investigation, an official said.

“We looked into the allegations,” said Constable Alan Rosen, who said investigators conducted interviews with various people but got no cooperation from Aguirre and other private investigators. “We wanted to investigate their side of the story and they wouldn’t talk to us.”

“No proof was ever substantiated,” according to Rosen.

As the Nov. 3 Election Day neared, Aguirre and other unidentified private investigators began to monitor [the ACRM] more closely, court records show. By mid-October, they had devised a plan to carry out extensive monitoring that kept eyes on the air conditioning repairman day and night, court records show.

Beginning around Oct. 15, the investigators started “24 hour surveillance” on [the ACRM]’s mobile home, a police affidavit states. They set up a “command post” nearby, renting two hotel rooms for four days in a Marriott hotel, according to the affidavit. As they watched [the ACRM], Aguirre unsuccessfully tried to convince law enforcement authorities at the state level that he was on to something big, according to several law enforcement agencies and court records.

On Oct. 16, Aguirre called a member of the state attorney general’s election task force, Lt. Wayne Rubio, to request that Rubio order a traffic stop of [the ACRM]’s vehicle, court records show. Rubio declined. Aguirre “seemed upset that the Department of Public Safety could not stop and detain an individual based solely on [Aguirre]’s uncorroborated accusations,” Rubio later told police, according to the affidavit.

Aguirre told Rubio that he would make the traffic stop and execute a “citizen’s arrest,” the affidavit states. Rubio did not respond to interview requests, and the Attorney General’s Office declined to comment.

Aguirre also contacted Jason Taylor, a regional director at a separate statewide law enforcement agency — the Texas Department of Public Safety — the agency said in a statement to The Post. That contact came a day before Aguirre is accused of ramming [the ACRM].

“Mr. Aguirre brought up the allegations of election fraud during a phone call on Oct. 18, 2020, with the Texas Department of Public Safety (DPS) Regional Director,” a spokesman wrote. “Based on that call, the matter was then discussed with the (DPS) Texas Ranger Division. The decision was then made to refer Mr. Aguirre to the Office of the Texas Attorney General.”

Aguirre later told police he was frustrated that he had “not received any help” from law enforcement agencies, according to the police affidavit.

So many questions here. What evidence did Aguirre present to DPS and the AG task force? Clearly, it was pitiful, because had there been anything at all to the juicy allegation of Democrats engaging in massive fraud, these guys would have been all over it, but that’s not the whole picture. The bigger question is, should Aguirre’s delusions have given these guys cause to worry about his actions and the potential danger to the ACRM? Did they take his threat of a “citizen’s arrest” seriously, and if not why not? Imagine for a minute if our ACRM had had a concealed carry license, and had made the determination when he saw Aguirre approach him that his life was in danger (which, as it happens, it was) and he needed to defend himself. Or instead imagine if Aguirre had gotten jumpy and made the same decision for himself. This “citizen’s arrest” could very well have had a body count, which is why I ask, should the law enforcement officers that Aguirre complained were unwilling to help him have taken action against him instead? It’s more grist for our ACRM’s future attorney, I suppose.

Police later reviewed grand jury subpoena records from Aguirre’s bank, the police affidavit states, and saw wire transfers of nearly $270,000 to his account from the Liberty Center for God and Country with payments of $25,000 each wired on Sept. 22 and Oct. 9, and $211,400 deposited the day after the alleged assault.

Houston police declined an interview request and said they would not answer specific questions about the case because the department’s investigation is ongoing.

The Harris County District Attorney’s Office, which charged Aguirre after a grand jury indictment, also declined to answer questions. “This is an active, ongoing investigation,” spokesman Michael Kolenc wrote in an email.

As I said before, I really hope that this ongoing investigation includes Hotze and the malevolent organization he spawned to finance this travesty. I sure won’t be surprised to learn that they were not scrupulous in following the law prior to Aguirre’s attack on the ACRM. Don’t be afraid to go where the evidence leads.

Why can’t we get our jail population down?

I found this story from Thanksgiving weekend frustrating.

Harris County’s efforts to reduce its jail population have flatlined, despite more than $7.5 million aimed at alleviating systemic burdens so that the county could attempt to reduce its inmates by a targeted 21 percent.

Even after creating programs to lessen the population and reduce racial disparities in jail, criminal caseloads mounted and the facility returned nearly to capacity, county officials said. When Harris County in 2016 joined the nationwide Safety and Justice Challenge – meant to help retool the use of lockups – more than 8,789 people were in jail. On Nov. 23, that number was 8,724 — a decrease of less than 1 percent. To meet the program’s goal, the population would need to have fallen under 7,000.

County leaders next week will reapply for a final round of funding from the MacArthur Foundation to sustain progress made in the challenge overseen by the nonprofit Justice Management Institute. It remains to be seen whether how much the county will receive given the struggle to reduce the jail population.

Even if the county receives the full amount, achieving its goal remains distant, said Thomas Eberly, Harris County’s site coordinator for the challenge and program director of the Justice Management Institute, which works with localities to improve justice systems.

“I do think that the odds are not in Harris County’s favor because of past performance,” said Eberly. “We’re five years into this and the change that was expected hasn’t been achieved, and it’s quite honestly not even close.”

Some county leaders remain positive, however, citing implementation of a series of programs as part of the challenge. They include hiring a “fairness administrator” to address racial inequities and a community engagement outreach coordinator, as well as creating a cite-and-release program and a Reintegration Impact Court to divert those who have low-level cases from jail.

The MacArthur Foundation could award up to $660,000 for one year of sustainability and $500,000 for a second year.

The foundation has already provided $4.25 million to the county since 2015, and county commissioners in 2016 allocated more than $3.3 million from general fund reserves to help pay for reforms.

“We remain optimistic that we’re going to have some breakthroughs,” said Jim Bethke, Harris County’s director of justice administration.

It’s a long story that goes in a number of directions, so go read the whole thing. The main explanations cited are the damage to the courts caused by Hurricane Harvey in 2017, as well as the coronavirus pandemic, as both have contributed to long delays in resolving cases. The changeover in the courts due to the 2018 election plus the effort put into the bail reform program was also cited, though it’s not clear to me why that would contribute to the problem – the whole point of bail reform was to have fewer people rotting in jail while they wait for their trials. I needed more information to understand what that had to do with it.

Later in the story, the HPD cite and release program was listed as a potential mitigating factor going forward. It’s only been in effect since September – the Harris County Sheriff’s Office has had a similar policy since February. Diversion programs by the DA’s Office were also cited. I would have liked to know more about how much these could help, or more to the point could have helped if they had been in place longer. Not to put too fine a point on it, but one simple way to have fewer people in jail is to out fewer of them in jail in the first place. It’s very much in our power to arrest fewer people for minor non-violent offenses, with marijuana possession being at the top of that list. Circumstance can explain some of this problem, but our choices are a big part of it as well. There’s plenty we can do to change that.

Overview of Harris County Sheriff’s race

The explanation for why Sheriff Ed Gonzalez is a big favorite to be re-elected is quite simple, really.

County veterans wondered if former Houston police officer-turned politician Ed Gonzalez would be up to the job of sheriff in 2016 after he came out on top of a contested Democratic primary and then defeated veteran lawman Ron Hickman.

Four years later, Gonzalez has emerged the heavily favored incumbent against Republican challenger Joe Danna. Experts say Gonzalez’s chances are buoyed by wide name recognition, his performance in office, a rapid Democratic shift in Harris County’s demographics, and a contingent of Latino voters energized by the recent election of other Hispanics to county offices, including Judge Lina Hidalgo and Commissioner Adrian Garcia.

“It’s going to be more complicated (for Danna) to win,” said Jeronimo Cortina, an associate professor of political science at the University of Houston.

[…]

He stumbled initially, after the sheriff’s office ran afoul of state standards in the county jail. Texas Commission on Jail Standards Executive Director Brandon Wood said the sheriff’s office received several notices of noncompliance regarding jail operations — including one for a failed annual inspection — early on. After a meeting with Gonzalez and county judge Lina Hidalgo in early last year, he said state jail regulators noticed a “marked improvement” in the department’s jail operations.

“They passed their most recent annual inspection and we have not issued a notice of non-compliance since,” he said.

Gonzalez argues that he reined in the department’s troubled budget, expanded critical intervention training, ended practices outsourcing inmates to far-flung jails in other counties, and led the department through Hurricane Harvey and a still-ongoing pandemic — at a time when police departments across the country have come under renewed scrutiny for how they treat civilians.

He gained national attention when — as a defendant in a lawsuit over the county’s bail practices — he came out as a vocal supporter for misdemeanor bail reform.

[…]

Texas Southern University Professor Michael Adams said Danna appears to be a “law-and-order” candidate more common in past elections, one who will likely face significant hurdles given the county’s blue tilt.

“In the midst of not having any scar tissue in this particular race, and what we’ve seen in Harris County going back to 2018, in terms of a blue wave, if you will, I don’t see much of a threat,” he said.

First and foremost, Harris County is Democratic. That may change over time, and we may encounter conditions where base Democratic turnout is likely to be depressed while Republican turnout is not, but in this election we can safely assume there will be more Democrats voting, likely by a wide margin. Sheriff Gonzalez has done a good job, and was on the right side of the bail reform issue, which is one reason why the Dem base likes him. Those two factors alone put him in a very comfortable spot.

Given the Dem advantage, there are two scenarios where a qualified Republican could hope t get the significant number of crossover voters they’d need to win. One is where the Democratic nominee is manifestly unqualified and a vote for that nominee would be a disaster for the office in question. The 2012 DA race, where Lloyd Oliver managed to beat a much better candidate in the primary, is the canonincal example. (It helped that the Republican candidate in that race was Mike Anderson, whose chops for the job were obvious. Joe Danna is not Mike Anderson.) The other is where the Dem incumbent is fatally tainted by scandal. The best examples here actually involve the last two Republican Sheriffs, Ron Hickman and Tommy Thomas. Sheriff Gonzalez has a clean record, so that’s a non-starter.

So, putting it all together, Sheriff Gonzalez is a solid favorite to win re-election. As well he should be.

Paxton accuses his accusers

Well, that’s one way to do it.

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In Republican Attorney General Ken Paxton’s first interview since seven of top aides accused him of accepting bribes and abusing his office, he said Tuesday that he was about to put one of them, first assistant attorney general Jeff Mateer, on administrative leave when Mateer made those accusations and resigned instead.

“I think he found out about it and decided he wanted to leave and set the narrative,” Paxton told the Southeast Texas Record.

Paxton also told the paper that he has placed two remaining executive employees — David Maxwell, director of law enforcement, and Mark Penley, deputy AG for criminal justice, who were among his seven accusers — on administrative leave while he investigates their actions.

Paxton’s statements on Tuesday provide the public’s first glimpse into how he is handling the matter inside the office of the Attorney General, where more than half of the executive staff has accused him of committing crimes.

[…]

In his interview Tuesday, Paxton reiterated his counterclaims against the whistleblowers, saying that they were trying to impede a legitimate investigation of the law enforcement agencies.

“It seems like my office did everything possible to stop an investigation of some law enforcement agencies,” Paxton said. “I can only come to the conclusion that there was an effort to cover up the reality of what really happened. This wasn’t supposed to be a complicated investigation.”

[…]

Paxton also backed accusations by Paul’s attorney, Michael Wynne, who said in a letter released late Sunday that Maxwell, a former Texas Ranger, berated Paul for even bringing the complaint. Paxton said he watched a video of the meeting between Maxwell and Paul.

“It was not a good interview — it was pretty harsh,” he said. “It was clear he had no interest in doing an investigation.”

In the interview, Paxton said Mateer also insisted that the attorney general did not have the authority to sign contracts and that only he, as first assistant, did. Paxton said he reviewed support documentation provided by Mateer and found it to be false.

“I don’t know why there’s so much turmoil over this investigation. I’m not impugning every law enforcement agent,” Paxton said. “We all should be held accountable. We all have to follow the law.”

Well, he was going to defend himself one way or another, and given what the accusations were, a defense of “no, they’re the real criminals” seems like the best option. That would then lead to the question of how it is Paxton managed to hire so many bad actors for high-ranking positions in his office, but that’s a problem for another day. For now, keeping his own ass out of trouble is the main goal.

Here we must pause and note that so far all we know is there were a bunch of accusations leveled against Paxton. We don’t know if there’s an investigation into the actions he’s alleged to have taken, much less if he did do the things he’s accused of. We do know that his accusers are fellow travelers in conservative circles, and that former Paxton lieutenant Chip Roy sided with them. We know that folks like Greg Abbott and Dan Patrick and John Cornyn have been in full “wait and see” mode, which may suggest that they genuinely don’t know what to make of all this, or that they’ve heard enough scuttlebutt to think there’s something to it, but they’re either not ready to throw Paxton overboard, or they’re seeking a more graceful way out of this mess. A lot of information has come out so far, none of which looks great for Paxton, but nothing yet that would force him to resign. That may be what this is like for awhile, and then either the feds do something to make it clear they’re going after him, or we get a press release saying he’s in the clear. Until then, this is what we have to sustain ourselves.

Well, there’s also this.

[Brandon] Cammack declined to answer questions about his work for the agency or speculate as to why Paxton called him about the job. But said he “rose to the occasion” in accepting a major assignment from the state’s top lawyer and that the fallout has been “unexpected.”

“When one of the highest elected officials in the state reached out to me to go conduct this investigation, knowing what my background and knowing what my experience was, with regards to state law claims… I took it seriously,” Cammack told The Texas Tribune Tuesday.

“I don’t know anything about office politics… I don’t know anything about [the relationship] between people. I was called to duty. I showed up for duty,” he said.

Cammack’s work for the attorney general’s office has ended, though he said it was “beyond” him to know if the review would go forward in someone else’s hands.

[…]

Legal experts have questioned the precise nature of Cammack’s job — Paxton described him as both an “outside independent prosecutor” and as “independent counsel” — and asked how he was able to issue subpoenas that aides said “related to private business concerns of Nate Paul.”

They also raised concerns that Cammack — who is connected to [Nate Paul’s attorney Michael] Wynne through their involvement in the Downtown Rotary Club of Houston and the Houston Bar Association — lacked the experience for such a high-profile assignment.

Cammack said the subpoenas were issued by a Travis County judge and that he never went before a grand jury. He submitted an application for subpoenas to the Travis County district attorney’s office and they assisted in getting them issued, he said. He declined to answer other questions about the subpoenas, including which judge issued them, and his role.

Cammack also disputed the notion that he lacked experience, saying he’d had a “successful practice” in Houston for about two and a half years, handling primarily criminal defense work. His investigation for the attorney general’s office centered on violations of the Texas penal code — “something I’m very well versed in having handled hundreds of cases for hundreds of families here in Harris County and contiguous counties.”

He said he was “not friends” with Wynne, but declined to say why Wynne was present when at least one subpoena was delivered. He also would not specify Paxton’s involvement in his work or provide specifics about his investigation.

Cammack said he was interviewed for the outside counsel position on Aug. 26 by Paxton and Mateer. He declined to provide specifics about the conversation, but said he understood there were a few other candidates for the job, and that Paxton asked about his educational and professional history.

A few days later, Cammack received a call from Ryan Vassar, deputy attorney general for legal counsel, about his contract, he said. Signed in early September, the agreement says Cammack would be paid $300 an hour to investigate a complaint and compile a report about any potential criminal charges. It did not give him the authority to indict or prosecute, and said he could work only as directed by the office of the Attorney General.

Cammack’s work on the case largely ended in late September when he received a cease and desist letter from Penley, the deputy attorney general for criminal justice, and then Mateer.

I mean, we still don’t know much, but what we do know just looks sketchy. And so we wait for more.

Why did Ken Paxton hire a newbie attorney to be a “special prosecutor” or whatever he meant to call him?

The Trib has some questions.

Best mugshot ever

It was a baffling, perilous, perhaps unprecedented task.

Texas Attorney General Ken Paxton hired an outside lawyer last month to look into a complaint of misconduct by a host of state and federal officials, including the Texas Department of Public Safety, the Federal Bureau of Investigation and a U.S. attorney’s office. The claim had been made by a Paxton donor whose home and office were reportedly raided by federal agents last year.

Some legal experts say the investigation should never have been in the hands of the attorney general’s office at all. But if it was, longtime Texas attorneys say, it’s a job for a seasoned prosecutor, perhaps someone with years of experience as a U.S. attorney or district attorney, someone who’d already established a reputation, someone who’d taken dozens of cases all the way from investigation to sentencing.

Instead, Paxton personally signed off on a $300 hourly rate for Brandon Cammack, a 34-year-old Houston defense attorney with ties to the donor’s attorney and five years of experience whose docket, court records show, largely comprises cases involving driving while intoxicated, low-level theft or assault.

Paxton’s office abruptly ended that investigation Friday after political backlash from both parties and criminal allegations from his own top aides. But questions about Cammack’s role — and the process of his selection — persist.

“That’s the $64,000 question: How did Paxton come to hire this particular lawyer?” said Tim Johnson, a former U.S. attorney for the Southern District of Texas. “You’d expect, for something that would have the possibility for serious consequences, that you’d want to have somebody that had a great deal of experience in the criminal justice system. And it doesn’t appear that they did that.”

Equally inscrutable is the precise job Cammack was hired to perform for the attorney general’s office. Paxton has described him both as an “outside independent prosecutor” and as “independent counsel,” and one subpoena obtained by The Texas Tribune refers to Cammack as a “special prosecutor.”

But Cammack’s contract, which Paxton released this week, shows that Cammack was never independent, nor was he a prosecutor. Cammack can investigate “only as directed by the [Office of the Attorney General],” and his contract specifies that he will not be involved in any indictment or prosecution born out of his investigation. He’s submitted an invoice for more than $14,000 of work, according to media reports.

I’ll get back to this article in a second, but I should note that it’s a pretty good overview of the story so far, and includes a lot of new details. Because this is a sprawling story that’s being told in multiple places, it also covers some stuff we’ve already talked about. No one is going to be able to write a short article for anything related to this just because recapping the backstory will take at least six paragraphs.

Legal experts and lawyers who’ve worked with Cammack, including his estranged father, questioned whether he has the experience needed to take on such a high-profile assignment.

As recently as 2018, a judge appointed a more senior attorney to assist Cammack when he was working as a defense attorney on a felony manslaughter case.

Mark Hochglaube, the longtime prosecutor and defense attorney who was brought in, said it wasn’t clear whether the judge or Cammack himself considered the young lawyer too inexperienced to handle the case alone — but that both were on board with getting Cammack some help.

Their client, who was found guilty of manslaughter, was sentenced to 50 years.

He praised Cammack’s effort on the case but questioned his selection for the high-profile appointment.

“If I were the attorney general, and I was in this predicament, would the name Brandon Cammack be the first name that popped into my mind? No, it wouldn’t,” Hochglaube said.

Young attorneys can often punch above their weight and rise quickly through the ranks, Hochglaube said, but he added, “I have a hard time saying, based on my experience with Brandon, that I would’ve thought this was suitable for him.”

[…]

Beyond questions about Brandon Cammack’s qualifications, the scope of his role is murky, too.

Why, some legal experts wondered, would a state attorney general be investigating claims against federal authorities at all? Some called the situation unprecedented.

“I guess every politician is limited only by his imagination,” said longtime Houston defense attorney Rusty Hardin, “but that’s a pretty unique event.”

Edward Loya, a Dallas attorney and former federal prosecutor for the U.S. Department of Justice, said FBI agents are not above the law, and, in principle, there is nothing wrong with the state attorney general looking into FBI misconduct for violations of Texas law.

But he added that it is unusual — and raises serious ethical questions — for a state attorney general to take on an investigation of FBI misconduct in a case involving alleged criminal activity of one of the attorney general’s donors. The prudent course, he said, would have been to refer the matter to the U.S. Department of Justice’s Office of the Inspector General, an independent division within DOJ that probes such claims made against DOJ employees.

“I can’t imagine that’s ever happened before,” said Johnson, the former U.S. attorney, adding that if he had been asked to fill Cammack’s role, “I would’ve stayed as far away as I could.”

“Anybody with half a brain would’ve gotten as far away from this as they possibly could,” Johnson said. But Cammack “may not have had enough experience to realize this is something he really shouldn’t want to get involved with.”

Lawyers interviewed by The Texas Tribune said Cammack’s official role as outside counsel raises questions about whether he had the authority to issue subpoenas, a power limited to prosecutors and assistant attorneys general. His actions in the case could open him up to legal liability if he usurped his authority, and Phelps, the former official in the attorney general’s office, questioned whether the issuance of the subpoenas amounted to a criminal offense.

“An outside counsel is not a ‘special prosecutor’ and has no authority to issue subpoenas, appear in front of a grand jury, or prosecute a criminal case,” said Phelps, who also worked for a decade as first assistant district attorney in Brazos County, and head of a special prosecutions division under Morales.

“I wish someone would pull that Brandon Cammack aside because I think he’s being used, because of his inexperience,” Phelps said.

I skipped over a couple of paragraphs that describe Brandom Cammack’s relationship with his father, who is also an attorney and who comes across as an abusive. It’s icky stuff.

After several days and a whole lot of reading, I’ve been thinking about how to summarize what we know so far, so if we get into a conversation with someone who knows nothing about this other than a vague recollection of some headlines or Facebook posts, we can help them understand. The basic gist of it is that a real estate hotshot in Austin named Nate Paul had been the target of an FBI investigation into his finances, which involved raids on his offices. Paul filed a complaint about the investigation and searches of his properties with the office of Attorney General Ken Paxton, to whom he had contributed $25K in the last election. Paxton did open an investigation, going through the Travis County DA’s office first with a somewhat shady legal pretext to get the investigation handled by his office instead of the DA. He then hired Brandom Cammack, an inexperienced attorney, in a role that is not clearly defined but is something like a special prosecutor, except that Cammack was not independent of Paxton, and no one thinks he had the qualifications or experience for the job. All of this looked like Paxton doing some legal work on behalf of Nate Paul but with the official seal of the AG’s office. That caused a revolt among Paxton’s senior assistants, who told him all of this was highly inappropriate at the least. In the end, seven top assistants to Paxton asked for a federal investigation of Paxton’s involvement in the Nate Paul situation, accusing him of being paid off by Paul to help Paul defend himself against the feds in their investigation of him. Whew!

That’s where things stand now, and there are various subplots and unanswered questions and who knows what else. You can see what I mean when I say that it will be impossible any time soon to write a short article relating to this. I feel like there are still some big shoes to drop, but I couldn’t even guess at what that might mean. It’s becoming quite the political hot potato, as US Rep. Chip Roy – a former top lieutenant to Paxton – has called on him to resign (as have a couple of newspaper editorial boards), and Sen. John Cornyn, himself a former AG, has expressed his disappointment in Paxton’s handling of this. I have to believe that this will be an issue in 2022, in a bigger way than the existing Servergy indictments of Paxton ever were.

One more thing, just to expand on an item noted in the story above: Paxton has officially closed the Nate Paul investigation that started all this, shortly after Travis County DA Margaret Moore told him her office was not going to be involved any more in any way.

Texas Attorney General Ken Paxton said his office is closing its investigation into a complaint made by one of his donors, hours after the Travis County District Attorney formally distanced itself.

Also on Friday, the Texas Department of Public Safety said it was not investigating allegations by aides in Paxton’s office that he committed bribery and other corruption crimes but instead the matter had been referred to the Federal Bureau of Investigations. A DPS spokesman said the Texas Rangers are available to assist.

Paxton had argued that he only pursued an investigation urged by the donor, Austin real estate investor Nate Paul, after getting a referral from Travis County District Attorney Margaret Moore’s office. Moore already told the Houston Chronicle that it was Paxton who first brought Paul’s request for an investigation to her and not the other way around.

A letter she sent Paxton Friday upped the ante and made clear her office is cutting all ties to the probe. Moore noted all the revelations that have come out in recent days — revelations that demonstrate Paxton has more than gone out of his way to assist Paul and his troubled real estate dealings.

“Any action you have already taken or will take pursuing this investigation is done solely on your own authority as provided by Texas law,” Moore said. “The newly surfaced information raises serious concerns about the integrity of your investigation and the propriety of your conducting it.”

She said the referral of the Paul matter from her office to his — until now in the hands of an outside Houston lawyer Paxton hired — “cannot be used as any indication of a need for an investigation …or an endorsement of your acceptance of the referral.” She also said she had instructed her employees “to have no further contact with you or your office regarding this matter.”

Paxton said in a statement Friday that he closed the investigation because his office “can only investigate in response to a request for assistance from the District Attorney’s office.”

I wonder if we’ll hear some more about this from the perspective of someone in Moore’s office, now that they are free of any constraint. We’re almost a week into this story and it’s still a total firehose of new information. The Statesman has more.

Paxton’s first line of defense

Settle in, folks, this is going to be a long one. We’ll start with the Dallas Morning News.

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Texas Attorney General Ken Paxton is defending his decision to bring on an outside lawyer to look into a complaint from real estate developer and campaign donor Nate Paul.

In an unusual step Wednesday, Paxton’s office released documents to beat back accusations by his own top deputies that the outside attorney, Brandon Cammack, is acting without authority. The records show Cammack is billing the state $300 an hour and that Paxton personally signed his hiring document.

The records — released through the agency’s Twitter account — signal Paxton is digging in for a fight after seven of his most senior employees accused him of bribery and abuse of office. The staff have raised concerns over Paxton’s relationship with Paul, whose home and businesses were raided last summer by the FBI.

Multiple senior officials in the agency told The Dallas Morning News late Wednesday they believed Paul was attempting to use the power of the office of the attorney general for personal and financial gain. And in a document obtained Wednesday by The News, Paxton’s deputy warned Cammack his employment agreement was invalid and may have been signed by Paxton “under duress.”

“The document appears to be signed by Attorney General Ken Paxton. To be clear this office has no record authorizing such a retention under our agency’s operating policies and procedures,” then-First Assistant Attorney General Jeff Mateer wrote in a letter dated Oct. 1.

“We believe this purported agreement is unlawful, invalid, unenforceable, against public policy, and may have been executed by the Attorney General under duress,” Mateer wrote, without elaborating.

“Under duress”? UNDER DURESS? Holy mother of Ann Richards. What does this even mean?

Cammack, 34, told The News on Tuesday that Paxton reached out to him in August to gauge his interest in working as outside counsel. He was asked to look into a complaint from Paul alleging misconduct by state and federal employees that was referred to Paxton’s agency by the Travis County District Attorney in June.

On Thursday, Travis County DA Margaret Moore said Paxton personally asked her to look into the complaint. After her office held a meeting with Paxton, Paul and Paul’s attorney, Moore referred the complaint to the Office of the Attorney General.

“The scope and nature of the complaints comprised matters that the D.A.’s Office would normally refer to a law enforcement agency with the resources necessary to conduct the investigation,” Moore said in a statement. “The entities complained against included the FBI and the Texas Department of Public Safety, so the only appropriate agency left to whom we would typically make the referral was the Office of the Attorney General.”

But the agency’s investigation into Paul’s complaint stalled. Multiple senior officials told The News on Wednesday they recommended not proceeding further with the probe because they found that the agency had no authority to investigate the claims in the complaint or that they lacked merit. They believed that Paul was attempting to use the office for personal and financial gain.

Paxton reached out reached to Cammack, the lawyer told The News, to pick up the investigation. On Wednesday, the statement from Paxton’s office said he decided to hire Cammack as outside counsel because his own employees impeded the investigation and “because the Attorney General knew Nate Paul.”

But multiple senior officials who would have needed to sign off on outside counsel told The News on Wednesday that they vigorously opposed Cammack’s hiring.

We should note that as some other outlets reported, Paxton made it sound like Travis County DA Margaret Moore approached his office to handle this complaint. Moore has released a statement making it clear that Paxton approached her, and the referral back to his office was because it was legally the only appropriate way to proceed. Once again, my jaw is hanging open.

The way Cammack was brought on is highly unusual, according to a person familiar with the agency’s policies and procedures, who said all contracts must be approved by several divisions and senior officials. It’s unclear whether that occurred in this case.

While Paxton has said he decided to bring on outside counsel because he knows Paul, the agreement released Wednesday does not give Cammack independence from Paxton and requires him to conduct an investigation only as directed by the Office of the Attorney General.

The hiring documents Paxton released Wednesday include an employment agreement and job description, which Paxton said “legally authorized [Cammack] to act.”

Paxton’s office also released emails between Cammack and one staff member, in which the two discussed a draft of a hiring agreement. That staff member, Deputy Attorney General for Legal Counsel Ryan Vassar, is one of the seven employees who lobbed criminal allegations against Paxton.

Cammack has said that his work is still going on. Who even knows what that means.

All that is a lot, but there’s still more. The Chron finds some more oddities about Brandon Cammack and how he came into the picture.

While a contract released by the attorney general’s office explains how outside counsel Brandon Cammack came to be hired, it leaves questions unanswered about how the arrangement allows Cammack to be independent of Paxton, who is at the helm of the agency and signed the contract.

“They may very well be allowed to do it,” said Larry McDougal, president of the Texas Bar and a former prosecutor. “I’ve just never actually seen it … Thirty years of being a lawyer, and I’ve never had that come up.”

We’re off to a great start. Now we look at the meeting with Travis County DA Margaret Moore again, and the way that Paxton’s office came to be involved in this investigation that he wanted.

Some lawyers interviewed said Paxton could also have declined the case or referred it to another law enforcement agency. All said it’s unclear what part of the law Paxton leaned on when bringing on Cammack.

Paxton’s office has described Cammack as “outside independent counsel,” but in at least on subpoena, obtained by Hearst Newspapers, he is called a “special prosecutor.”

“I was very surprised to hear that he was appointed as a special prosecutor only because I, candidly, don’t know that the Attorney General’s office has the authority to do so,” said Chris Downey, a Houston-based criminal defense attorney who has been an attorney pro tem three times before. “I think that’s a point of concern and potential exposure.”

The contract released Wednesday by Paxton’s office shows that Cammack was hired to investigate but not prosecute. That differentiation could mean legal consequences for Cammack if a court later finds that he was acting without authority.

In July 2020, the Fifth Circuit Court of Appeals ruled that prosecutors aren’t shielded with immunity from lawsuits when they are performing investigative functions.

Attorneys interviewed also raised questions about the choice of Cammack, who graduated from University of Houston law school in May 2015, was licensed in November of that year and has been in private practice for about five years. He’s also the chair-elect of the Houston Bar Association.

“Normally, when you do bring on someone as a special prosecutor, you do so because you’re trying to tap into that person’s unique skill set,” Downey said. “I would be surprised given that he’s been a lawyer for five years that he has a defined skillset that they couldn’t find within the attorney general’s office.”

Everywhere you turn, more and more questions. Many more questions than answers, that’s for sure.

My previous blogging on this topic can be found here, here, and here. I’ll have a separate post on the Nate Paul side of things, because this is all Just Too Much.

The Trib also covered this topic, but the DMN had the most comprehensive story, while the Chron has been running down other angles as well. One more detail in all this is that Paxton’s contract with Cammack pays him $300 and hour. You know who else is supposed to get paid that much? The special prosecutors against Paxton in the Servergy case. The same guys who have been fighting Paxton, his army of cronies and minions from Collin County, and the Republican-dominated courts to actually get that pay, which Team Paxton et al have claimed is extravagant. I expect the rotting corpse of Irony to turn up any day now.

UPDATE: Damn, there’s a lot happening with this story.

Five senior officials in the Texas Attorney General’s Office accused their boss, Ken Paxton, on Wednesday of subverting his office to serve the financial interests of a political donor, according to an email obtained by The Texas Tribune.

The aides are doubling down on accusations they made last week to law enforcement — that Paxton had committed crimes including bribery and abuse of office — even as the second-term Republican says he’ll forge ahead as the state’s top lawyer under a fresh cloud of criminal allegations and as some in his party call on him to resign.

“It would be a violation of our own public responsibilities and ethical obligations to stand by while the significant power and resources of the Texas Attorney General’s Office are used to serve the interests of a private citizen bent on impeding a federal investigation into his own alleged wrongdoing and advancing his own financial interests,” the aides aides wrote in the email. “We urge you to end this course of conduct immediately.”

[…]

The damning Oct. 7 email was addressed to Paxton and his new First Assistant Brent Webster and sent by five of the same senior aides and whistleblowers — Ryan Bangert, Blake Brickman, Lacey Mase, Darren McCarty and Ryan Vassar— who reported allegations of criminal activity to law enforcement last week. Two of Paxton’s aides, including former First Assistant Jeff Mateer who reported him to law enforcement have since resigned.

Their concerns stem from Paxton’s hiring of a special prosecutor to investigate claims made by Nate Paul, an Austin real estate investor and donor, of alleged impropriety by federal and state authorities. But several subpoenas served by the prosecutor, the aides said in the email, were “related to private business concerns of Nate Paul” — and were not the subject of the “narrow criminal referral” he was appointed to investigate.

“This office’s continued use of the criminal process, in a matter already determined to be without merit, to benefit the personal interests of Nate Paul, is unconscionable,” they wrote.

They’re bringing the heat, I have to say. It really is mind-boggling what these top assistants are saying about their boss, and sharing with the press. It’s also easy to imagine that there’s more coming. In the meantime, John Cornyn gets on the Concern Train, on which he will Wait And See before drawing any conclusions. Better buckle in, John.

Endorsement watch: Ed and Kim

This is an easy call.

Sheriff Ed Gonzalez

Anyone who has been led by personal experience or the events of the past year to conclude that cops are callous and jaded hasn’t meant Ed Gonzalez.

The compassionate approach of this 51-year-old homicide detective-turned-city councilman-turned-sheriff might even win over some in the “defund the police” crowd.

Gonzalez doesn’t just give lip service to criminal justice reform or decriminalizing mental illness health, drug addiction and homelessness. He is enacting policies within the Harris County Sheriff’s Office.

“The word defund is not effective,” he says. “We need right-sized policing.”

To him, that means more focus on fighting violent crime and forming a regional task force to reduce drunken-driving deaths.

Elected in 2016, the Democrat brought the long-troubled Harris County Jail into state compliance and later made it the first in the state to address the opioid crisis by offering a drug that helps curb cravings and prevent relapses. He was among the first local officials to support reform of a misdemeanor bail system a federal court deemed unconstitutional.

The sheriff led the way in implementing cite-and-release, a program seeking to reduce the jail population by treating some misdemeanor charges like speeding tickets — that is, with citations rather than arrests.

Gonzalez says conversations are underway about how health providers could respond first to lower-risk calls that don’t require armed deputies. Other programs connect domestic violence survivors with social services and another improves interactions with people with autism.

Basically, Sheriff Gonzalez is doing it right. He’s as clear a choice as there is.

This could have been a more difficult choice.

Kim Ogg

To determine if Harris County District Attorney Kim Ogg is doing a good job, consider the claims of the opposition she has drawn this election year.

In the Democratic primary, she faced a challenge from the left, with opponents who believed her support for bail and other reforms has been too tepid. In the general election, her Republican opponent complains she’s too soft on law and order.

Neither claim hits the mark. For Ogg, 60, has approached the job of district attorney as she should: making it her priority to ensure a fair process that engenders trust in the system, supporting both reform and law enforcement with eyes open to their potential flaws and pushing back accordingly.

“I believe reform and public safety can mutually exist,” Ogg told the editorial board. “I believe Harris County is safer today because they have an independent district attorney.”

We agree.

There’s certainly room to criticize Ogg on criminal justice reform – Audia Jones and Carvana Cloud tried but didn’t succeed. A similar criticism from the right, based on cost savings and prioritizing violent crime over nonviolent crime – something Ogg herself highlighted in 2016 – would surely have been received favorably by the Chron editorial board. It might even be a general election winner. That’s not the argument that Ogg’s opponent was making, and the board wasn’t buying what she was selling. We’ve seen plenty of crossover votes in the DA race in previous elections – for Ogg in 2016, for Mike Anderson in 2012 – but I don’t expect much of it this year.

July 2020 campaign finance reports: Harris County

You can always count on January and July for campaign finance reports. This roundup is going to be a little funky, because all of the candidates filed eight-day reports for the March primary, and a few also filed 30-day and eight-day reports for the July runoff. I’ll note those folks, because it means that some of the comparisons are not really apples-to-apples. But this is what we have. The July 2019 reports are here, and the January 2020 reports are here.

Kim Ogg, District Attorney
Mary Nan Huffman, District Attorney

Ed Gonzalez, Sheriff
Joe Danna, Sheriff

Christian Menefee, Harris County Attorney
John Nation, Harris County Attorney

Ann Harris Bennett, Tax Assessor
Chris Daniel (SPAC), Tax Assessor

Rodney Ellis, County Commissioner, Precinct 1

Michael Moore, County Commissioner, Precinct 3
Tom Ramsey, County Commissioner, Precinct 3


Candidate     Raised     Spent     Loan     On Hand
===================================================
Ogg           64,109   223,775   68,489      29,698
Huffman       30,455    58,215        0      11,385

Gonzalez      37,352    28,320        0      73,959
Danna         56,446    26,240        0       8,490

Menefee       24,236    32,768        0      11,680
Nation             0         0        0           0

Bennett       
Daniel         1,302        51   25,000       1,705

Ellis         53,835   575,804        0   3,029,506

Moore        156,790   245,110        0      96,832
Ramsey       346,150    49,829        0     308,942

Both Ogg ($385K) and Gonzales ($317K) had plenty of cash on hand as of January, but they both spent a bunch of money in their contested primaries; Ogg needed to do so more than Gonzalez took the wise approach of not taking his little-known opponents lightly. I expect they’ll raise enough to run their campaigns, but as they’ll benefit from the Democratic nature of the county, I wouldn’t necessarily expect them to be big moneybags. I haven’t seen much of a campaign from Huffman as yet, and Joe Danna is a perennial candidate who gets most of his contributions as in-kind. What I’m saying is, don’t expect a whole lot from these races.

The same is largely true for the County Attorney and Tax Assessor races. Christian Menefeee had a decent amount raised for his January report, so he’ll probably take in a few bucks. I know absolutely nothing about his opponent, who doesn’t appear to be doing much. I don’t know why Ann Harris Bennett hasn’t filed a report yet, but he’s never been a big fundraiser. Chris Daniel has always used that PAC for his campaigns, and he had a few bucks in it as District Clerk but not that much.

Rodney Ellis brought a lot of money with him from his time as State Senator when he moved to the County Commissioner spot, and he will continue to raise and spend a significant amount. If previous patterns hold, he’ll put some money towards a coordinated campaign, and support some other Dems running for office directly. The race that will see the most money is the Commissioner race in Precinct 3. Michael Moore was in the Dem primary runoff, and the report you see is from July 6, which is to say it’s his eight-day report. That means the money raised and spent is from a 22-day period, which should give a bit of perspective. Both he and Tom Ramsey will have all the resources they need.

The progressives and the runoffs

May as well check in on this.

Sara Stapleton Barrera

Judging from March, the ideological left wing of the Democratic Party in Texas should be inconsolable.

After months of high hopes, the faction ran into a centrist buzz saw in the March 3 primary. Joe Biden practically locked up the Democratic presidential nomination, and progressive candidates experienced electoral drubbings.

Among the fallen: presidential candidates Bernie Sanders and Elizabeth Warren, congressional candidate Jessica Cisneros, U.S. Senate hopeful Cristina Tzintzún Ramirez, and Audia Jones, a candidate for Harris County District attorney endorsed by Sanders.

But rather than licking their political wounds, leading progressive candidates still in the fight say they’re invigorated — and eager to use the coronavirus pandemic, fights over voting by mail and calls for police reform to score some late victories in the July runoffs.

“Every time we have a progressive run, we get a little bit closer,” said Sara Stapleton-Barrera, who is in a runoff against state Sen. Eddie Lucio Jr., D-Brownsville. “I feel like we’re slowly winning the war, but we have to get through some of these battles first.”

Perhaps the most energy is coming from Austin, where two runoffs have the attention of progressives. José Garza is competing in the nationally watched Democratic primary runoff for Travis County district attorney. Mike Siegel is vying for his party’s nomination in the 10th Congressional District’s Democratic primary runoff.

Garza’s race is where the focus on police reform is arguably the clearest. Even before the death of George Floyd at the hands of Minneapolis police prompted protests nationwide, Garza was challenging incumbent Margaret Moore from the left, arguing she was too harsh in her prosecution of nonviolent offenders. He earned the most votes in March and has promised to bring all police shootings and more police misconduct cases before a grand jury. He has also pledged not to accept campaign contributions from police unions.

Moore, meanwhile, has accused him of being inexperienced with the local criminal justice system and running a campaign focused on national issues instead of local ones.

In the 10th Congressional District, Siegel is running on a platform that includes supporting “Medicare for All” and the Green New Deal. Siegel will face Dr. Pritesh Gandhi, who has cited his medical experience while pitching Medicare Extra, a proposal that does not go as far as Medicare for All and leaves some private insurance in place.

“I think this is the exact moment in history when progressives are in a place to lead, and it’s because the times have caught up the policies we’re fighting for,” Siegel said. “This is the time to run as a progressive. I feel really good not just about my chances, but the movement overall.”

[…]

Another runoff that has drawn the attention of some national progressives is the one for the 24th Congressional District, where Kim Olson and Candace Valenzuela are competing to replace retiring U.S. Rep. Kenny Marchant, R-Coppell. The seat is a national Democratic target.

Valenzuela has endorsements like the Congressional Progressive Caucus and Warren, but the runoff has not as sharply split along ideological lines as much as it has on issues of experience and racial identity. Valenzuela, a former Carrollton-Farmers Branch school board member, and her allies are hammering Olson over her time as human resources director for the Dallas Independent School District. Valenzuela and her supporters are also touting that she would be the first Afro-Latina to serve in Congress. Olson is white.

But the divide might be clearest in South Texas, where the winner of the state Senate runoff between Lucio and Barrera will be the overwhelming favorite to win the seat in November.

I’ve said repeatedly that beating Eddie Lucio in SD27 will do more for progressives than beating Henry Cuellar in CD28 ever could have done, because of the relative sizes of the two legislative bodies and the outsized influence Lucio has in the 12-member (for now) Dem Senate caucus. Lucio is terrible, and I’m delighted that that particular race has finally gotten the attention it needs. I think one reason why maybe it didn’t get as much attention earlier is because Sara Stapleton Barrera isn’t necessarily “the” progressive candidate in that race. If Ruben Cortez had finished second, people would be rallying behind him now. This race is much more about Eddie Lucio, and I’d say it’s only now that we’re down to one candidate against him that the race has been viewed through that lens.

As for CD10, I mostly shrug my shoulders. I think Medicare For All is a fine goal to work towards, but Medicare For Those Who Want To Buy Into It is much more easily achieved in the short term, with far less disruption to the existing system and far less resistance from people whose employer-based (possibly collectively-bargained) plan is just fine for them. If we’re lucky enough to have a Democratic Senate in 2021, I think what can get passed by that Senate is what we’re going to get. Will having more pro-Medicare For All members of Congress affect that outcome? Maybe. It’s hard to say. I like Mike Siegel and would vote to give him a second chance to topple Mike McCaul if I lived in CD10, but I think either Siegel or Pritesh Gandhi will be a fine addition to Congress and a major upgrade over the incumbent. Same in CD24, with Kim Olson and Candace Valenzuela, each a good candidate with different strengths and appeals but no major differences on policy.

The race that definitely has the potential to have a big effect is the Travis County DA race, where the ideological lines are clear and the ability for the upstart to make a difference if they win is great, though not unbound. Please feel free to set a good example for the rest of us, Travis County.

As for whether this is another step in a long march towards more liberal candidates and officeholders, I’d say yes, and that we’ve already been on that march for a long time. Ideological sorting is a thing that has been happening for a few decades now. You can see the effect just in recent years – the Democratic waves of 2006 and 2008 included a lot of candidates whose politics included “fiscal responsibility”, support from the NRA, opposition to same-sex marriage, immigration restrictionism, and a host of other views that were very much not shared with the class of 2018. The Democratic Party is a big tent, which means there will always be room for vicious family fights over various issues. Having some number of Never Trumpers inside that tent will just make it all more exciting. It’s fine, and I’d rather be dynamic than stagnant. And every primary and primary runoff, the main emotion many of us will feel will be “thank prime that’s over, now let’s please get on to the general election”. Same as it ever was.

Kaylynn Williford

Goodbye, and good riddance.

The head prosecutor for Harris County District Attorney Kim Ogg’s trial division resigned Monday after posting a meme on Facebook last week that equated protesters who remove Confederate statutes with Nazis.

The meme posted by the veteran prosecutor last week shows a black-and-white photograph of hands holding an overflowing bin of rings.

It says, “Wedding bands that were removed from Holocaust victims prior to being executed, 1945. Each ring represents a destroyed family. Never forget, Nazis tore down statues. Banned free speech. Blamed economic hardships on one group of people. Instituted gun control. Sound Familiar?”

Assistant District Attorney Kaylynn Williford said in a statement that she took down the post after a friend’s daughter and later a Jewish lawyer told her they found it offensive to compare the two groups. Williford, a 28-year-veteran of the office who has tried major capital cases, said this was never her intent.

She posted it, she said, because she thought it was “thought provoking and promoted tolerance.”

You can see what she posted in that earlier story, which came out over the weekend. I held off on posting about this mostly because I wanted to see what the reaction from the DA’s office was going to be first. A group of Democratic State Reps had called for her resignation earlier in the day, and eventually got what they asked for. All I can say is that if Kaylynn Williford really truly had no idea that her stupid image was offensive and why it was offensive, then she should have been fired years ago and should never get on Facebook again. Even if you were to somehow grant her some kind of Sleeping Beauty-level exemption for deeply childlike innocent ignorance, the controlling principle of “don’t post political shit to Facebook if you don’t understand it” should apply. You know the old saying about how it’s better to keep silent and be thought a fool than open your mouth and remove all doubt? It was for situations like this that it was first uttered. Keri Blakinger has more.

Runoff reminder: County races

Previously: Statewide, Congress, SBOE and State Senate, State House.

There were a ton of contested county race primaries in Harris County, with all of the countywide offices except one HCDE position featuring at least three candidates. When the dust settled, however, there wree only a few races still ongoing, with one on Commissioners Court and one Constable race being the ones of greatest interest. Fort Bend County saw a lot of action as well, with two countywide races plus one Commissioners Court race going into overtime. Here’s a review of the races of interest.

Harris County – Commissioners Court, Precinct 3

This is the open seat left by long-tenured Steve Radack, which has always been a Republican stronghold but which has trended Democratic in recent years. Beto of course carried Precinct 3, by four points, after Hillary Clinton came close to winning it in 2016. Other statewide candidates (Mike Collier, Justin Nelson, Kim Olson) also won Precinct 3, though the Democratic countywide candidates from 2018 all fell short. It’s there for the taking, but it can’t be taken for granted. The top candidates to emerge from the large field of Democratic hopefuls were Diana Martinez Alexander and Michael Moore. Moore was the bigger fundraiser as of January – we’ll see soon how the current finance period has gone; Alexander’s January filing came in later, after I had published that post. Alexander is a grassroots favorite who has been super busy on Facebook, while Moore has the endorsements of incumbent Commissioners Adrian Garcia and Rodney Ellis, as well as the endorsement of the Chronicle. You can see other Democratic group endorsements on the invaluable Erik Manning spreadsheet. They participated in the first 2020 Democratic Candidates Facebook Debates here. My interview with Diana Alexander is here, and my interview with Michael Moore is here.

Harris County – Constable, Precinct 2

This is the race with the problematic incumbent and Not That Jerry Garcia. The thing you need to know is that in the end, the incumbent, Chris Diaz, was forced into a runoff against the good Jerry Garcia, who was listed on the primary ballot as “Jerry Garca (Harris County Lieutenant)”. Garcia led the way with 39% to Diaz’s 33%. If you live in Constable Precinct 2, please vote for Jerry Garcia in the runoff.

Harris County – Other runoffs

Justice of the Peace, Precinct 5, Place 1: Israel Garcia (48.1%) versus Roel Garcia (30.5%)

Constable, Precinct 3: Sherman Eagleton (incumbent, 47.5%) versus Ken Jones (16.1%)

Constable, Precinct 5: Randy Newman, who doesn’t appear to have a Facebook page (43.4%) versus Mark Alan Harrison (34.3%).

I confess, I know little about these race. Look at the Erik Manning spreadsheet to see who got what endorsements. Based on available information, I’d lean towards Eagleton, Israel Garcia, and Harrison, but please do your own research as well.

Those of you with keen eyes may have noticed there are two other unsettled Harris County races to discuss. Both of these will be decided by the precinct chairs in August. I’ll discuss them in a separate post.

Fort Bend County

County Attorney: Bridgette Smith-Lawson (45.2%) versus Sonia Rash (37.8%)
Sheriff: Geneane Hughes (35.2%) versus Eric Fagan (35.1%)
Commissioners Court, Precinct 1: Jennifer Cantu (41.8%) versus Lynette Reddix (25.6%)

The Sheriff candidates are seeking to replace incumbent Troy Nehls, currently in a nasty runoff for CD22. Nehls has not resigned from his position for reasons unknown to me. I presume he’ll do so if he clinches that nomination, but who knows what he’ll do if he doesn’t. Nehls is awful, either of these candidates would be a big upgrade. County Attorney (and also Tax Assessor) is an open seat whose incumbent has in fact announced his retirement. Commissioners Court Precinct 1 is a race against a first-term incumbent who had ousted Democrat Richard Morrison in 2016. I wrote about all the Fort Bend County races here, and unfortunately don’t have anything to add to that. I’d love to hear from someone who has a strong opinion in these races.

Travis County – District Attorney

Jose Garza (44.3%) versus Margaret Moore (incumbent, 41.1%)

As a bonus, this is the highest profile county race runoff. First term incumbent Margaret Moore faces former public defender Jose Garza in a race that will have national attention for its focus on police reform, with a side order of how sexual assault cases are handled thrown in. Garza has an impressive list of national endorsements, including Elizabeth Warren, Bernie Sanders, and more recently Julian Castro. Austin has been one of the hotter spots for police violence, so this is a race that could have a big effect on how the reform movement moves forward.

Hope this has been useful for you. I’ll have a brief look at the judicial runoffs next to wrap this up.

Steps towards more transparency

Step One:

Mayor Sylvester Turner said Friday he is reviewing an internal audit of the Houston Police Department’s embattled narcotics division and will send the results of the probe to state lawmakers who have called for its public release.

Turner revealed the news days after state Rep. Gene Wu, D-Houston, authored a letter signed by seven other House members that called on Police Chief Art Acevedo to publicly release the audit’s findings.

Acevedo ordered the internal probe after the deadly 2019 raid at 7815 Harding St., which ended with the deaths of the home’s two residents and left four police officers shot. Investigators subsequently said that the officer who orchestrated the raid lied to get the warrant used in the operation. That officer, Gerald Goines, has been charged with murder and faces federal civil rights charges.

Twice in the last two weeks, Turner has declined to say whether the audit should be released, and he had not admitted to reviewing it himself until Friday. He said he is giving lawmakers access to the audit as long as they promise not to reveal it to the public.

“As I go through the audit — and I’m going through it now — you don’t want to disclose the identity of officers who have been acting undercover and expose them to risk,” Turner said after a roundtable on police reform at City Hall. “But I do understand the importance of making it available to our legislative colleagues, so that they can see it for themselves.”

[…]

Wu on Friday said it was not enough to release the audit only to lawmakers.

“This is an investigation of a public agency, of public servants’ wrongdoing,” he said. “It’s absolutely 100 percent in the public interest and right to know what public servants are doing. I cannot imagine we would tolerate this from any other city or state agency where we suspected rogue employees or individuals. The public not only has a right to know, it needs to know.”

Rosenthal echoed Wu in calling for the report to go directly to the public, not House members.

“Taxpayers paid for that report, they pay for that department, it belongs to the people,” Rosenthal said. “I’m disappointed they would ask us to not send it to the people. Our ask was that it be made public.”

State Rep. Garnet Coleman, D-Houston, said he “appreciates” Turner’s decision to allow lawmakers to review the audit.

“I think it’s important in this time that transparency is there. In a strong mayor form of government, that is a call the mayor can make,” he said. “I still think it should be public, that hasn’t changed.”

I say again, release the audit. If there are some people named in it who are not under any suspicion or who have no connection to the underlying problems, then go ahead and redact them out of it. Otherwise, I agree completely with what the representatives are saying. This is information for the public.

Step Two:

A group of 20 marched through drizzling rain on the downtown Houston streets Friday where thousands had just gathered for George Floyd, now demanding justice for a Hispanic man killed by police in April.

The rally ended in front of the Harris County Criminal Justice Center, where about a dozen more supporters joined and called for Houston police to release body camera footage of the incident in which 27-year-old Nicolas Chavez was fatally shot by lawmen while, according to a cell-phone video of the encounter, on his knees.

“I know that they’re going to make him look bad and they’re going to try to justify what they did,” said his mother, Leantha Chavez. “In the end, it doesn’t matter what he did. He was on his knees when they shot him and he was unarmed.”

Chavez’s family and friends emphasized that he seemed to be undergoing a mental crisis. His 5-year-old son stood nearby during the gathering outside of the courthouse, holding a sign that read, “Abolish the police!”

Houston Police Department spokesman Kese Smith said while the family viewed their footage, the agency needs to consult with the Harris County District Attorney’s Office before releasing video to the public.

“The family’s wishes are obviously a very important part of it, but we have to have conversations with the District Attorney’s Office as well,” Smith said.

“We are certainly available to police if they want to discuss concerns about body cam videos or any other evidence,” said Dane Schiller, spokesman for the Harris County District Attorney’s Office. “We independently review all officer-involved shootings and we present all the evidence in every instance to a grand jurors, regardless of whether it has previously been made public, so they can determine whether a criminal charge is warranted.”

Houston Police Chief Art Acevedo has asked the FBI to review the April 21 death of Chavez. He called the cell phone video “difficult” to watch but has yet to make public any of the police department’s roughly 70 videos that captured the shooting.

The whole point of body cameras, and the reason why there was such a demand for them in recent years, is precisely because they can shed light on contentious and disputed interactions between the police and the public. If the DA needs some time to review the footage to determine whether or not to bring charges, that’s fine, but let’s not draw this out any longer than necessary. This is, again, information for the public. Let’s act accordingly.

Meanwhile, the jail is filling up again

We really need to do something about this.

Sheriff Ed Gonzalez

The Harris County Jail population has been steadily rising since late April and is now approaching its pre-pandemic capacity despite early efforts to curb crowding, according to the sheriff’s office.

With an influx of inmates anticipated during the summer months, the jail is facing a “serious crisis,” according to a report Tuesday that a sheriff’s representative classified as “sobering.”

The update about the jail population came in a study the county commissioned from the Justice Management Institute, a Virginia-based nonprofit that works with government agencies to make their courts and jails more efficient.

“The justice system has been struggling since Hurricane Harvey,” Tom Eberly, the organization’s program director announced in video testimony before Harris County Commissioner’s Court. “Now with the COVID-19 pandemic, the justice system is on the verge of collapse in your county.”

If the anticipated pace of bookings follows previous patterns, the county could reach 10,000 inmates by Labor Day, according to the nonprofit group’s calculations. And the courts were already backed up before the virus, officials said.

[…]

The lawyers challenging the county’s bail system, who lost a bid for an injunction to order coronavirus releases, said thousands of felony defendants are stuck at the jail awaiting trial simply because they can’t pay cash bail. The vast majority of the population is made up of up pretrial felony detainees.

“Their constitutional rights are being violated, and their health and safety are being jeopardized by COVID-19, which is rampant at the jail,” said Neal Manne, of Susman Godfrey, who works pro bono on the bail cases. “Though Sheriff Gonzales wants to solve the problem, he can’t solve it by himself. No one else is doing anything other than talking about it, week after week, month after month, as COVID-19 surges.”

In the meantime, coronavirus infections have continued to increase, with 993 inmates testing positive since the start of the pandemic.

The pandemic has cramped the jail’s holding capacity, which changes day to day depending upon how many people are quarantined and how much the jail staff must space them out on the cell blocks to help prevent the spread of the virus. For example, 835 inmates who have had the virus and remain in custody have now recovered. But 778 are being kept in observational quarantine, meaning they are not showing symptoms, but they may have been exposed to COVID-19.

Another 600-plus people are housed in what the jail calls “buffer quarantine” because they are new to the jail, according to the sheriff’s office. And nearly 300 convicted inmates are ready to be transferred to state prison but Texas Department of Criminal Justice is not accepting them during the pandemic.

Meanwhile, the jail population is increasing by 115 inmates per week and as of May 1, the county had more than 36,000 pending felony cases, Eberly said. If no new felony arrests were made in the coming months, it would still take 13 months to dispose of the backlog, he said.

However, if the system keeps shuffling along as is, it will take 4½ years to catch up, the study found.

Statewide, jail populations also decreased in the first months of the pandemic and have begun rising going into the summer, a normal trend outside of the unusual circumstances this year, said Brandon Wood, executive director of the Texas Commission on Jail Standards.

Population spikes at county jails largely stem from backlogs in the courts, he said.

“It’s going to be incumbent on Harris County to manage its jail population properly,” Wood said.

You have to wonder how much worse this would be if there were a bunch of misdemeanor inmates awaiting trial because they couldn’t make bail as well. There’s basically three things we can do here. One is to release a bunch of the low-risk inmates who couldn’t come up with the cash for bail. That’s on the judges and the District Attorney, and while there’s been some movement on that, there could be a lot more. Two is to get the courts to the point where they can make a dent in that backlog, which is going to be a hell of a challenge given the fact that the court buildings are still suffering from Harvey, and oh yeah, that global pandemic. Maybe just consider dropping a bunch of low-level charges, divert as many drug charges as possible, and offer as many deferred adjudication deals as possible. There’s some risk to this approach, but what we’re doing right now is not sustainable. And three, maybe now is a good time to just stop arresting people on low-level drug possession charges. Turn down the incoming spigot, and stop adding to the problem. I don’t know where this ends, but the direction we’re going right now doesn’t lead anywhere good.

DA dismisses charges against most protesters

Good.

Kim Ogg

The Harris County District Attorney’s Office on Tuesday dismissed almost 800 cases filed against protesters arrested during the George Floyd demonstrations last week in Houston.

In total, prosecutors dropped 796 charges filed against 654 protesters, District Attorney Kim Ogg said. Many of those cases were cited in court filings as being dismissed “in the interest of justice.”

Charges still remain against 51 adults and one juvenile accused of 35 misdemeanors and 19 felonies, Ogg said. Those include weapons offenses and charges of aggravated assault of a peace officer.

Prosecutors made their decisions by looking at “people who sought to do harm (to) others and property vs. those arrested for simple civil disobedience,” according to a news release.

“The job of the prosecutor is to seek individualized justice in every case,” Ogg said. “While probable cause existed for the arrests of those people who refused to disperse after being ordered to do so by police, our young prosecutors worked hard to identify the few offenders who came to inflict harm on others and intentional damage to property.”

The dismissed cases were nonviolent misdemeanors, mostly obstructing a highway and trespassing.

[…]

Monique Sparks, of the Houston Protestors’ Defense Team, commended the DA’s office for dismissing some charges. She said her group, which is representing protesters for free, is now focused on expunging charges from their clients’ records.

“What it shows is that our DA’s office is on board with what the Constitution says,” Sparks said. “We think this is a good start.”

The protesters will be informed of avenues to take if they want to file civil lawsuits, Sparks said. The district attorney’s office will work to help expunge the cases from the protesters’ records, although they might need representation to do so, Ogg said.

They might also need cash to do that. As Sarah Wood, policy director at the Harris County Public Defender’s Office, noted in the story, an expunction can cost hundreds of dollars in fees, including attorney’s fees. It would have been much better all around if these folks had been not arrested in the first place. Which, again, is a big part of the point that the protesters have been trying to make – far too much police activity is geared towards behavior that doesn’t actually threaten public safety, but does put a lot of ordinary people into the criminal justice system, and all of the harm that brings with it. Consider how many of these protesters might be in jail right now and for who knows how much longer if the DA had been willing to press charges and if Harris County was still requiring cash bail for even the most low-level offenses. And then consider the risk they would be in from COVID-19 in that scenario. We made significant progress on bail, but most of the problem is upstream from there. We can, we should, we must change this.

Dutton’s colleagues ask for investigation of Natasha Ruiz

Hey, look, it’s actual election news!

Rep. Harold Dutton

Nearly the entire Harris County Democratic legislative delegation has asked the county attorney and district attorney to open a criminal investigation into the candidacy of a Texas House candidate whose existence was called into question after this year’s March election.

The candidate, one of four in the primary race for state Rep. Harold Dutton’s seat, received enough votes to help force Dutton, a longtime Houston Democrat, into a runoff this year.

“We are concerned that more than 2500 Harris County voters may have been duped into voting for a non-existent candidate, a serious theft of those voters’ most important right, and three legitimate candidates were harmed by the crimes committed,” reads the March 18 letter, which was signed by every delegation member except Dutton and released to a Tribune reporter on Thursday. “We request that your offices coordinate an immediate investigation into the events documented in the attached memo and take appropriate prosecutorial action at the earliest possible time.”

Dutton was the only Democrat from Houston not to sign the letter.

[…]

Dutton, who had previously said he had hired a private investigator to look into the matter, told the Tribune on Thursday that he was not involved with the delegation’s letter to Ogg and Ryan and was focused on winning the runoff election, which is now slated for mid-July instead of May.

“I hope someone takes a look at the system that allows this to happen and cleans it up so that it can’t happen again,” he said. “If there are people who have engaged in a conspiracy, I hope that law enforcement will deal with them in the proper context.”

The delegation’s letter also included an attached “Indices of Election Fraud,” which detailed the background of the long-winding drama and “known facts indicating election fraud.”

See here and here for the background. The letter sent by the delegation is here, and the “Indices of Fraud” attachment is here. The latter is the more interesting, and contains the most new information. It suggests strongly that the person originally identified as “Natasha Demming” is not the person who filed for a spot on the ballot, but was perhaps a victim of identity theft. What I had considered to be the wilder option, that someone impersonated this person when they filed for this seat, appears to be the more likely explanation based on what the delegation claims.

So yeah, this should be investigated. Start by talking to the private eye that Dutton hired, and talk to all the political insiders to see what crazy things they might have heard about this. The big question here isn’t who did this (if it really was a deliberate attempt to put a sham candidate on the ballot) but why they did it. If the intent was to hurt Dutton’s re-election chances, it seems to me that there are more straightforward ways to do that than putting an impostor on the ballot in the hope of forcing Dutton into a runoff that maybe he’d lose. (What do you think might have happened if Dutton’s runoff opponent had been Natasha Ruiz, for example?) For sure, if there is someone behind this, maybe that person isn’t the most clear-headed thinker you’ve ever known. Whatever the case, getting a handle on the motivation might at least point you in the direction of a suspect. There doesn’t appear to be much physical evidence (unless maybe someone managed to take a picture of “Natasha Ruiz”), so if this gets cracked it’ll be because someone talked. Find out who that might be, and the rest may follow.

UPDATE: And indeed, there will be an investigation.

The Harris County Attorney’s office told the Houston Chronicle on Thursday that it was looking into the matter.

The county’s District Attorney Kim Ogg responded to the delegation in late March by saying that she had forwarded the case to the public corruption division but could not confirm or deny whether it was under investigation.

“Please be assured that the protection of our democratic election process, along with enforcement of all related laws, is a top priority for my administration and that your complaint will be addressed by this office,” Ogg wrote.

Not exactly sure why it’s the County Attorney jumping in on this, but whatever. I very much look forward to seeing the results.

RIP, Ronnie Earle

The iconic former Travis County District Attorney has passed away.

Ronnie Earle

Ronnie Earle, who served as Travis County district attorney for more than 30 years and was best known for prosecuting some of Texas’ top politicians and for championing the community justice system, died Sunday after a long illness. He was 78.

“He was a great guy,” said friend and former Austin Mayor Bruce Todd. “He always wanted to get things right and he had a good sense of what was right for community. That was what he always wanted to be the goal and objective.”

Todd said Earle’s health has been declining for some time.

Through the county’s Public Integrity Unit, which he founded, Earle prosecuted some of the state’s top politicians — including then-Texas Attorney General Jim Mattox, then-U.S. Sen. Kay Bailey Hutchison and then-U.S. House Majority Leader Tom DeLay — with mixed success.

A jury acquitted Mattox and the case against Hutchison became a high-profile failure when charges were dismissed. DeLay was convicted of a money laundering charge, but that conviction was later overturned by the Texas Court of Criminal Appeals.

But closest to Earle’s heart were his efforts at the forefront of community justice, a catchall name for programs that had caught on in prosecutors’ offices nationwide that aim to attack crime by, in his words, “engaging the community in its own protection.”

Earle established programs for crime prevention, alternative sentencing and the reintegration of former offenders into society. He also brought officials from a range of fields together.

He also ran for Lt. Governor in 2010 but lost in the primary. The late and lamented Public Integrity Unit was a weird way of prosecuting crimes committed by state officials, but it worked pretty well, and we have seen quite clearly since the Republicans killed it off that we didn’t have any better alternatives at hand. If the PIU were still a thing, we would get some kind of resolution to the Ken Paxton saga, not this ridiculously drawn-out process that has been at the mercy of Paxton’s cronies in Collin County and may yet end up in a forfeit. Whatever you think of the case against him, that ain’t no way to do justice. Ronnie Earle would have handled it better. Rest in peace, sir.

2020 primary results: Harris County

Let’s start with this.

Long lines combined with a lack of voting machines turned into frustration for voters at several election sites in Harris County on Super Tuesday.

Margaret Hollie arrived at the Multi Service Center on Griggs Road at 11 a.m. She finished just after 2:45 p.m.

“It was horrible,” she said. “The worst since I’ve been voting. And I’ve been voting for 60 years.”

She decided to stick around and vote at the location in the city’s South Union area. Others did not, opting to find polling sites that were less busy. Under recent changes implemented by county leaders, voters can now cast their ballot at any precinct.

In Kashmere Gardens, at another Multi Service Center, the line of voters stretched from the entrance of the voting room to the exit of the facility.

Bettie Adami was one of about 100 people in the line about 4 p.m. Healthcare, higher paying jobs and raising the minimum wage top the list of her concerns this election season.

She isn’t letting the line prevent her from voting. “I’ll stand as long as I have to to cast my vote,” she said.

[…]

The county’s political parties are in charge of deciding which polling places will be open for primary elections, said [Rosio Torres, a spokesperson for the Harris County] Clerk’s office.

DJ Ybarra, Executive Director of the Harris County Democratic Party , said the decision was made to not include some polling locations in negotiations with Republicans to keep countywide voting in the primary. The parties agreed on the final map of polling locations in January, said Ybarra.

“In that negotiation, we had to come up with what locations we wanted,” said Ybarra. “We wish we could have had more locations, but we had to negotiate and we had to keep countywide voting.

“In the future, we’re going to try our best to get all our polling locations we want earlier in the process, so we’re not put in a position where we don’t have all the locations we want,” Ybarra said.

To sum that up in a couple of tweets:

In other words, there were about twice as many Dems voting yesterday as there were Republicans, but there were an equal number of Dem and Rep voting machines, which is the way it works for separate primaries. Had this been a joint primary as Trautman’s office originally proposed and which the HCDP accepted, each voting machine at each site could have been used for either primary. Oh well.

I had asked if the judicial races were basically random in a high-turnout election like this. The answer is No, because in every single judicial election where there was a male candidate and a female candidate, the female candidate won, often by a large margin. That means the end for several incumbents, including Larry Weiman, Darryl Moore, Randy Roll, Steven Kirkland, and George Powell, some of which I mourn more than others. Alex Smoots-Thomas, who had a male challenger and a female challenger, trails Cheryl Elliott Thornton going into a runoff. I saw a lot of mourning on Twitter last night of Elizabeth Warren’s underperformance and the seeming reluctance many people had to vote for a woman for President. Well, at least in Harris County, many many people were happy to vote for women for judge.

Three of the four countywide incumbents were headed to victory. In order of vote share, they are Sheriff Ed Gonzalez, Tax Assessor Ann Harris Bennett, and DA Kim Ogg. In the County Attorney race, challenger Christian Menefee was just above fifty percent, and thus on his way to defeating three-term incumbent Vince Ryan without a runoff. I thought Menefee would do well, but that was a very strong performance. Even if I have to correct this today and say that he fell just short of a clear majority, it’s still quite impressive.

Commissioner Rodney Ellis easily won, with over 70%. Michael Moore and Diana Martinez Alexander were neck and neck in Precinct 3, with Kristi Thibaut a few points behind in third place.

Unfortunately, as I write this, Democrats were on their way towards an own goal in HCDE Position 7, At Large. Andrea Duhon, who is already on the Board now, was leading with just over 50%. If that holds, she’ll have to withdraw and the Republican – none other than Don Freaking Sumners – will be elected in November. If we’re lucky, by the time all the votes have been counted, she’ll drop below fifty percent and will be able to withdraw from the runoff, thus allowing David Brown, currently in second place, to be the nominee. If not, this was the single lousiest result of the day.

Got a lot of other ground to cover, so let’s move on. I’ll circle back to some other county stuff tomorrow.

Endorsement watch: Ogg and Moore

Two (*) big endorsements on Sunday, in the races for District Attorney and Commissioners Court, Precinct 3. Let’s do the thing.

Kim Ogg for District Attorney:

Kim Ogg

“We are in the midst of righting a lot of wrongs,” Ogg told the Editorial Board during a meeting with all four candidates in the race. “What needs to be done is the prosecution of the officers involved, the reform of the way we prosecute and, eventually, the reform of the way drug cases are investigated.”

That’s a lot of talk of change for an incumbent who has left herself open to attack over her apparent tepidness on bail reform, most notably her last-minute objection last year to the settlement in the lawsuit over misdemeanor cash bail. Two of her opponents — senior prosecutors who left the district attorney’s office last year — have centered their campaigns on arguments that she’s failed to live up to her own reform pledges.

It’s true — Ogg has expressed concerns about the way the bail reform agreement has been implemented. But voters shouldn’t mistake her calls to tap the breaks — even if her foot is sometimes a little heavy — as a disavowal of her record, which is overwhelmingly for change.

During her first term, she has supported bail reform, expanded jail diversion for low-level misdemeanor offenders with mental health issues, and implemented a diversion program for people caught with small amounts of marijuana, cutting pot arrests by more than half and saving the county millions. She was years ahead of other reform-minded district attorneys in America’s big cities, from Dallas to Philadelphia.

I would encourage you to go listen to the interviews I did with the three main DA candidates (Todd Overstreet isn’t running a visible campaign) if you haven’t done so already: Kim Ogg, Carvana Cloud, Audia Jones. The Chron endorsement does a good job of capturing what this race is about, however you feel about the candidates. Kim Ogg has made real progress, not as much as people might have liked or expected and not without some missteps and backsliding, in an office and a culture that was long overdue for that kind of change. Whether you think she can and should have done more, and whether you think she can and should be doing it at a more rapid pace, will inform your vote in the primary.

Michael Moore for County Commissioner, Precinct 3:

Michael Moore

Moore’s attention to detail and practical focus on flood mitigation, infrastructure, traffic, an underfunded hospital district and other challenges in a growing region are why we recommend him for Precinct 3 Commissioner in the Democratic primary.

Moore, 57, whose private sector work includes communications for BP and regional vice president for Texas Central Partners’ high-speed rail, is well-versed in the intricacies of issues and policies that face county government. Thanks to his communications background, he can also explain the stuff in plain English.

White, his former boss, vouches for Moore’s “servant’s heart and personal integrity.” And Moore is trying to prove that White’s brand of bipartisan pragmatism isn’t passé in this increasingly polarized political climate. His pledge to “work with anyone, anywhere to get results” may not charm partisans, but it’s a more productive mentality than sometimes prevails among Democrats on the court these days.

While Moore has insider cred, he pledges to govern with transparency and efficiency. Based on his six-year track record with White, we believe him.

Let me tout my interviews here as well: Diana Alexander, Michael Moore, Morris Overstreet, Kristi Thibaut. The Chron didn’t think Overstreet or Alexander had sufficient relevant experience, and didn’t think Thibaut articulated a good case for herself. You can listen to the interviews and judge that for yourself.

The endorsements we are still waiting for: US Senate, Congress (all races), Railroad Commissioner, Supreme Court and Court of Criminal Appeals, SD13, Tax Assessor, HCDE, and County Commissioner, Precinct 1.

(*) – They also endorsed Brenda Stardig on the Republican side for Precinct 3, and Amy Klobuchar for President, which shocks me not at all.

How should we police the police?

This article raises a number of interesting questions.

Kim Ogg

A quarter of the 60-plus law enforcement agencies operating in Harris County have refused to sign agreements to help local prosecutors track problem cops.

Under those agreements, all signed since District Attorney Kim Ogg took office three years ago, 46 agencies have promised to voluntarily turn over information about potentially untrustworthy or unreliable officers. But 17 other agencies declined to sign, a move that forces prosecutors to spend time getting the information through subpoenas and can potentially drag out the resolution of cases.

The Houston Police Department, the Texas Department of Public Safety and Metro Transit Police are among those that signed memoranda of understanding, but all of the county agencies — including all eight constable precincts and the Harris County Sheriff’s Office — declined to sign.

“Based on the County Attorney’s advice, the sheriff’s office has joined with other Harris County law enforcement agencies that are unable to sign the district attorney’s proposed memorandum of understanding at this time,” Sheriff Ed Gonzalez said in a statement to the Houston Chronicle, adding that his agency still “fully cooperates” with prosecutors by “providing all legally required information concerning all pending cases being prosecuted.”

A county attorney’s office spokesman declined to explain why lawyers told agencies not to sign the agreement, saying the office was “not comfortable” commenting on legal advice given to clients.

To Ogg, that’s all far from ideal: Without an agreement in place, her office must send out subpoena orders to make sure agencies turn over everything.

“It’s a great deal of added work,” Ogg said. “I just don’t think this (agreement) is anything that law enforcement agencies should fear.”

Long-time local defense lawyer Patrick McCann agreed that it was a “pretty fair point” that issuing added subpoenas could be a significant burden for prosecutors, and raised concerns about some agencies’ refusal to enter an agreement.

“It is absolutely indicative of the culture of hiding the ball,” he said.

[…]

The three-page agreement asks agencies to tell the DA’s office whenever a potential police witness is charged with or investigated for a crime, relieved of duty or suspended for misconduct allegations, taken off casework, determined to be untruthful through an administrative investigation, or found guilty of misconduct that could call into question their integrity. Getting agencies to sign the agreement, Ogg said, would reduce work time for prosecutors and ensure that they get all the information they need to turn over to the defense.

“We rely upon the agencies to give us the information that we would need to comply with disclosure (requirements),” Ogg said, “and instead of just blindly relying, we’ve asked them to sign written memorandums of agreement.”

To defense lawyers like McCann, the efforts to create a database and get law enforcement on board seem “laudable,” but he pointed out that ultimately it’s up to the DA’s office as to whether or when to turn that material over. “They’re still trying to keep a stranglehold on the information,” he said, “and they’re terrible about timeliness.”

So first and foremost, why is it that the County Attorney advised the Sheriff and the Constables not to sign this MOU? I would definitely have asked this question when I was doing County Attorney interviews if I had known about this. This arrangement has been in place for five years, though it started with just an informal agreement with HPD. Similar formal agreements exist around the country. It’s certainly possible there have been problems with these things in other places, but what about this particular MOU is troubling to the County Attorney? Surely there’s a way to resolve this. I’d like to understand more about this.

The information gathered via this agreement is compiled into a database, which is not publicly disclosed by Ogg. I can understand that – there are privacy concerns, the unions would surely put up a fight, and the possibility exists that a cop could get on this list as a form of retaliation by their department. One might also argue that a cop should be eligible to come off that list after a certain period of good behavior, and that a cop might have some process to challenge their placement on that list. I also understand the argument for making it public. There’s an awful lot of secrecy that surrounds law enforcement agencies, and if we’ve learned one thing in recent years it’s that such secrecy is toxic. I got an email from a person at The Justice Collaborative a little while ago, sending me their documentation about where Kim Ogg and the two main challengers stand on a variety of issues. They had all been sent a questionnaire, and I was given the responses sent by Audia Jones and Carvana Cloud; Ogg did not respond but where her position was known via public statement or her past record, it was noted. The issue of maintaining a disclosure database and making it public was included in the questionnaire – Jones supported having a public list, Cloud said she would not make it public, matching Ogg’s position. I don’t know enough right now to know how I feel about this, but I wanted to share that much with you.

Anyway. Having this arrangement is a good thing. Getting all 63 law enforcement agencies for Harris County on board should be a priority, with the non-participating agencies made known. Whatever is preventing the HCSO and the Constables from joining needs to be resolved. That can and should be a job for all of the relevant elected officials.

The Observer overviews the DA primary

You’ve had a chance to listen to my interviews with DA candidates, now read this story for more on this important primary.

Kim Ogg

When Kim Ogg first ran for Harris County district attorney, she had a simple pitch for criminal justice reform: stop jailing people for petty pot possession. The position, novel to Houston politics in 2014, proved so popular that even her Republican opponent embraced a version of it. Ogg lost that first race, but she tried again in 2016, this time adding bail reform and a promise to create “a system that doesn’t oppress the poor” to her platform. She beat the incumbent by 8 percentage points to become Harris County’s first Democratic DA in 40 years.

Ogg was among the first wave of reform-minded “progressive prosecutors” elected across the country in recent years. This new class rejected a tough-on-crime ethos, advocating instead for fairness and jailing fewer people. Ogg quickly declared herself “part of the national reform movement” and started dismissing low-level marijuana charges for people who took a class and paid a fine. She also rejected so-called “trace cases” involving miniscule drug amounts and called for diversion instead of jail for small-time offenders. 

Over the course of her first term, however, progressives have soured on Ogg. While she publicly supported bail reform, she continued to seek high bail for people charged with minor offenses. She further disappointed them by objecting to historic bail reforms that followed a years-long lawsuit to end the practice of keeping low-level offenders in jail simply because they’re poor. Progressives have also bristled at Ogg’s repeated attempts to expand her office.

Now at the end of her first term, Ogg feels squeezed between opposing forces: a police union that accuses her of being soft on crime and critics on the left who say she’s failed to live up to her reputation. She’s facing a combative Democratic primary next month, flanked by challengers who insist that she’s stood in the way of progress during her first term. A Democratic sweep in the midterms that turned Harris County solid blue further emboldened local organizers who are seeking a new kind of reform prosecutor. 

While Ogg credits herself with boosting diversion programs and reducing prison sentences during her first term, her critics insist more fundamental changes are needed to fix yawning racial inequalities in the local justice system and to decarcerate one of the largest jails in the country. There was palpable tension between Ogg and the forces that helped elect her at a ACLU of Texas candidate forum in downtown Houston last Thursday. Some people in the standing-room-only crowd jeered as Ogg urged them to stick with her “balanced approach” to reform. After the forum, a woman walked up to Ogg and began arguing with her before campaign staffers quickly intervened.

In a phone call this week, Ogg sounded aggrieved and unappreciated, the way incumbents often do during tough re-election fights. “I started running before people in our local political arena even knew what a district attorney did,” she said. “Everything I wanted to do was a reformation of decades of static prosecutorial policy in Harris County. So of course I’m a reformer, and to be labeled otherwise—that’s a political issue more than a factual one.”

Ogg’s primary is one of several prosecutor races in Texas this year that could redefine the bounds of criminal justice reform in the state. As state lawmakers fail to make meaningful progress each legislative session, advocates for change have increasingly focused on amplifying key district attorney, judge, and sheriff races to transform how their communities are policed and prosecuted.

The article touches on the race in Travis County as well, where incumbent Margaret Moore is under similar fire. I have no idea what will happen in these races – they’re as prominent as any local election, but it’s hard to say how much of that breaks through in the non-stop fusillade of national political news – but they will have a significant effect in Harris and Travis Counties. A side issue I’ve been pondering, which I asked Audia Jones about when I spoke to her, is whether the Legislature (especially but not exclusively if it remains in Republican hands) will step in and try to impose some limits on what prosecutors can and can’t do. I can very easily see this as a red meat law-and-order issue for Dan Patrick (and, whenever someone wakes him up and reminds him that he’s Governor, Greg Abbott) in the 2021 session. I have no idea what they may try to do, but I’m sure their imagination won’t be so limited. Just something to keep in mind.

Interview with Audia Jones

Audia Jones

We come to the end of the DA interviews, and also interview season for the primaries. It’s possible I’ll revisit some other races in the runoffs, but there’s not that many to pick from at this point. You never know, and I’m always open to the idea. Rounding out the season we have Audia Jones, who was the first challenger to DA Kim Ogg, and indeed the first official challenger to any of the countywide incumbents this cycle. Jones has worked as a Counsel Fellow for Congresswoman Sheila Jackson Lee, which included managing the House Judiciary Committee Portfolio. She then worked in the DA’s office as an Assistant DA, working in both the misdemeanor and felony trial bureaus. She has received endorsements from some groups that had supported Ogg in 2016. Here’s the interview:

The Erik Manning spreadsheet is back! You can track information for candidates on the Harris County ballot here.

    PREVIOUSLY:

Elisa Cardnell – CD02
Travis Olsen – CD02

Michelle Palmer – SBOE6
Kimberly McLeod – SBOE6
Debra Kerner – SBOE6

Chrysta Castañeda – RRC
Kelly Stone – RRC

Vince Ryan – Harris County Attorney
Ben Rose – Harris County Attorney
Christian Menefee – Harris County Attorney

Ann Harris Bennett – Harris County Tax Assessor
Jolanda Jones – Harris County Tax Assessor

Ann Johnson – HD134
Ruby Powers – HD134
Lanny Bose – HD134

Akilah Bacy – HD138
Josh Wallenstein – HD138
Jenifer Pool – HD138

Sarah DeMerchant – HD26
Lawrence Allen – HD26
Rish Oberoi – HD26
Suleman Lalani – HD26

Rodney Ellis – Commissioners Court, Precinct 1

Diana Martinez Alexander – Commissioners Court, Precinct 3
Michael Moore – Commissioners Court, Precinct 3
Morris Overstreet – Commissioners Court, Precinct 3
Kristi Thibaut – Commissioners Court, Precinct 3

Kim Ogg – Harris County District Attorney
Carvana Cloud – Harris County District Attorney

Interview with Carvana Cloud

Carvana Cloud

Incumbent District Attorney Kim Ogg has three opponents in the Democratic primary this year. Two of the three are running serious campaigns, and I have interviews to present to you with each of them. Today’s candidate is Carvana Cloud. Cloud grew up in Acres Homes and started her legal career as a briefing attorney for United States District Judge George C. Hanks Jr., when he served as a Justice on Texas’ First Court of Appeals. From there, she worked in the DA’s office as an Assistant District Attorney before leaving to start her own law firm focusing on criminal defense and immigration matters. She then came back to the DA’s office after Ogg was elected and served as Bureau Chief of the Special Victims Bureau, the division that prosecutes domestic violence. She stepped down prior to announcing her candidacy, and you can hear her talk about all that here:

The Erik Manning spreadsheet is back! You can track information for candidates on the Harris County ballot here.

    PREVIOUSLY:

Elisa Cardnell – CD02
Travis Olsen – CD02

Michelle Palmer – SBOE6
Kimberly McLeod – SBOE6
Debra Kerner – SBOE6

Chrysta Castañeda – RRC
Kelly Stone – RRC

Vince Ryan – Harris County Attorney
Ben Rose – Harris County Attorney
Christian Menefee – Harris County Attorney

Ann Harris Bennett – Harris County Tax Assessor
Jolanda Jones – Harris County Tax Assessor

Ann Johnson – HD134
Ruby Powers – HD134
Lanny Bose – HD134

Akilah Bacy – HD138
Josh Wallenstein – HD138
Jenifer Pool – HD138

Sarah DeMerchant – HD26
Lawrence Allen – HD26
Rish Oberoi – HD26
Suleman Lalani – HD26

Rodney Ellis – Commissioners Court, Precinct 1

Diana Martinez Alexander – Commissioners Court, Precinct 3
Michael Moore – Commissioners Court, Precinct 3
Morris Overstreet – Commissioners Court, Precinct 3
Kristi Thibaut – Commissioners Court, Precinct 3

Kim Ogg – Harris County District Attorney

Interview with District Attorney Kim Ogg

Kim Ogg

Hard to believe, but we are one week out from early voting for the 2020 primaries in Texas. It’s been a busy interview season for me, as I’m sure you can imagine. This week we will wrap things up with the highlight race on the Democratic side, the primary for District Attorney. Kim Ogg is serving her first term as Harris County DA after winning decisively in the 2016 blue wave. Ogg began her career in the DA’s office in 1987, serving as a chief felony prosecutor during that time. She was appointed Houston’s first Anti-Gang Task Force Director by Mayor Bob Lanier in 1994, and served as the Executive Director of Crime Stoppers of Houston from 1999 to 2006. She made an unsuccessful run for DA in 2014 before her winning campaign two years later. I interviewed her for each of those, and you can listen to the 2016 interview here. You can listen to this year’s interview right here:

The Erik Manning spreadsheet is back! You can track information for candidates on the Harris County ballot here.

    PREVIOUSLY:

Elisa Cardnell – CD02
Travis Olsen – CD02

Michelle Palmer – SBOE6
Kimberly McLeod – SBOE6
Debra Kerner – SBOE6

Chrysta Castañeda – RRC
Kelly Stone – RRC

Vince Ryan – Harris County Attorney
Ben Rose – Harris County Attorney
Christian Menefee – Harris County Attorney

Ann Harris Bennett – Harris County Tax Assessor
Jolanda Jones – Harris County Tax Assessor

Ann Johnson – HD134
Ruby Powers – HD134
Lanny Bose – HD134

Akilah Bacy – HD138
Josh Wallenstein – HD138
Jenifer Pool – HD138

Sarah DeMerchant – HD26
Lawrence Allen – HD26
Rish Oberoi – HD26
Suleman Lalani – HD26

Rodney Ellis – Commissioners Court, Precinct 1

Diana Martinez Alexander – Commissioners Court, Precinct 3
Michael Moore – Commissioners Court, Precinct 3
Morris Overstreet – Commissioners Court, Precinct 3
Kristi Thibaut – Commissioners Court, Precinct 3

Cite and release

This has been a long time coming.

Sheriff Ed Gonzalez

Harris County law enforcement officials on Tuesday will begin a “cite and release” program that treats some misdemeanor charges like court citations for speeding tickets, just days after the district attorney’s office said it could not fully comply with the initiative.

The program, which applies to six charges handled in Harris County’s misdemeanor courts, comes amid countywide discussions about bail reform and over-incarceration, as well as District Attorney Kim Ogg’s repeated requests that Harris County Commissioners Court fund more prosecutors for her office.

The Harris County Sheriff’s Office is the first policing agency in the area that is reported to be participating in the program approved by a working group that includes judges. After voicing concerns in a letter to the sheriff, Ogg’s office agreed to the new procedures.

Ogg’s office sent the Chronicle a copy of the letter but declined further comment.

Sheriff Ed Gonzalez noted that Harris County is behind the curve on using cite and release, as other Texas counties began employing it after the state Legislature in 2007 authorized such programs. The hope is that fewer bookings will allow deputies to have more time to patrol neighborhoods, while people who are eligible can stay with their families and keep going to work, he said.

“This administrative policy should help reduce our pre-trial county jail population and provide local costs savings to taxpayers,” the sheriff said. “Citations can divert lower risk individuals from detention, reserving limited space and resources for more dangerous individuals.”

The class A and B misdemeanor charges that apply are criminal mischief, $100-$750; graffiti, $100-$2,500; theft, $100-$750; theft of service $100-$750; contraband in a correctional facility; and driving while license invalid.

If a resident is stopped on one of those offenses, the sheriff’s office will run a check for active warrants and contact the district attorney’s office to see if the person is eligible for cite and release, according to an internal memo about the procedures.

Once prosecutors accept the charges, the deputy completes the citation as long as it’s signed off by the defendant. The suspect is given a court date on the spot and then released.

These are exactly the types of defendants who would be at the top of the list for a personal recognizance bond, so it makes sense to treat them this way. I feel like we’ve been talking about this for a long time, including with HPD, but it just hasn’t happened before now. As the story notes it’s happened as a direct result of the 2018 election, as the Democratic misdemeanor court judges were a driving force behind it. This is the moment, and it’s clearly the way to go. And now that the Sheriff’s office has adopted this policy, maybe HPD will follow.

January 2020 campaign finance reports: Harris County

As you know, New Year’s Day brings a new round of campaign finance reports, for all levels of government. I’m going to be working my way through these as I can, because there’s lots to be learned about the candidates and the status of the races from these reports, even if all we do is look at the topline numbers. Today we start with Harris County races, as there’s a lot of action and primary intrigue. With the Presidential primary and of course the entire Trump demon circus dominating the news, it can be hard to tell where the buzz is in these races, if any buzz exists. The July 2019 reports, with a much smaller field of candidates, is here.

Kim Ogg, District Attorney
Carvana Cloud, District Attorney
Audia Jones, District Attorney
Curtis Todd Overstreet, District Attorney

Lori DeAngelo, District Attorney
Mary Nan Huffman, District Attorney
Lloyd Oliver, District Attorney

Ed Gonzalez, Sheriff
Jerome Moore, Sheriff
Harry Zamora, Sheriff

Joe Danna, Sheriff
Paul Day, Sheriff

Vince Ryan, County Attorney
Christian Menefee, Harris County Attorney
Ben Rose, Harris County Attorney

John Nation, County Attorney

Ann Harris Bennett, Tax Assessor
Jolanda Jones, Tax Assessor
Jack Terence, Tax Assessor

Chris Daniel (SPAC), Tax Assessor

Rodney Ellis, County Commissioner, Precinct 1
Maria Jackson, County Commissioner, Precinct 1

Diana Alexander, County Commissioner, Precinct 3
Erik Hassan, County Commissioner, Precinct 3
Michael Moore, County Commissioner, Precinct 3
Morris Overstreet, County Commissioner, Precinct 3
Kristi Thibaut, County Commissioner, Precinct 3

Tom Ramsey, County Commissioner, Precinct 3
Susan Sample, County Commissioner, Precinct 3
Brenda Stardig (SPAC), County Commissioner, Precinct 3


Candidate     Raised     Spent     Loan     On Hand
===================================================
Ogg          106,572    83,276   68,489     385,908
Cloud         33,881    17,382        0      16,889
Jones         49,186    29,177        0      29,973
Overstreet         0     1,250        0           0

DeAngelo         500     2,012        0         500
Hoffman            0    41,089        0           0
Oliver             0         0        0           0

Gonzalez      95,636    47,317        0     317,264
Moore         28,595    15,896        0      12,698
Zamora         4,500    18,177        0           0

Danna         78,820    39,274    7,000       9,857
Day                0         0        0           0

Ryan          33,655    18,779        0     101,039
Menefee      135,579    41,249        0     128,547
Rose          89,476    80,932   20,000      53,341

Nation             0     1,369        0           0

Bennett       20,965     8,734        0      39,845
Jones         16,320     1,250        0      16,320
Terence        1,000     1,400        0           0

Daniel            35         1        0         454

Ellis        122,631   396,998        0   3,881,740
Jackson      110,230    71,241    8,000      19,353

Alexander
Hassan          750      4,442        0           0
Moore       209,391     13,248        0     199,052
Overstreet   17,950      2,025        0      15,925
Thibaut      51,180      4,536        0      45,761

Ramsey      154,315     24,281        0     126,619
Sample       26,624      1,828        0      26,620
Stardig      43,700     39,985        0      75,930

I guess I expected more from the District Attorney race. Audia Jones and Carvana Cloud have raised a few bucks, but nothing yet that would lead me to believe they will be able to effectively communicate with a primary electorate that could well be over 500,000 voters. Kim Ogg is completing her first term, but this will be the third time she’s been on the ballot – there was an election for DA in 2014 as well, following the death of Mike Anderson and the appointment of his widow, Devon Anderson, to succeed him. Neither of those primaries had a lot of voters, but a lot of the folks voting this March will have done so in one or both of the past Novembers, and that’s a boost for Ogg. On the Republican side, you can insert a shrug emoji here. I assume whoever wins that nomination will eventually be able to convince people to give them money. If you’re wondering how Mary Nan Hoffman can spend $41K without raising anything, the answer is that she spent that from personal funds.

Sheriff Ed Gonzalez is the only incumbent here without a serious primary challenger. I’d never advise anyone to coast in an election where they have an opponent, but he doesn’t need to have the pedal to the metal. More than half of the amount Joe Danna raised was in kind, so don’t spend too much time thinking about that.

Both County Attorney challengers have done well, though again the question will be “is it enough?” I actually got a robopoll call the other day for the County Attorney race, but I didn’t stay on the line till the end – they started asking “if you knew this about this candidate” questions, and since they didn’t say up front how long the survey might take, I didn’t want to stick it out. As above, the main challenge for Christian Menefee and Ben Rose is that Vince Ryan has been on the ballot multiple times, going back to 2008. The voters know who he is, or at least more of them know who he is than they do who the other candidates in that race are. That’s the hill they have to climb.

The one challenger to an incumbent who can claim a name ID advantage is Jolanda Jones, who is surely as well known as anyone on this ballot. That has its pros and cons in her case, but at least the voters deciding between her and Ann Harris Bennett won’t be guessing about who their choices are.

I didn’t mention the Republicans running for County Attorney or Tax Assessor for obvious reasons. Chris Daniel could be a low-key favorite to surpass the partisan baseline in his race in November, but after 2016 and 2018, he’ll need a lot more than that.

In the Commissioners Court races, Maria Jackson has raised a decent amount of money, but she’s never going to be on anything close to even footing there. Precinct 1 is one-fourth of the county, but a much bigger share of the Democratic primary electorate. In 2008, there were 143K votes in Precinct 1 out of 411K overall or 35%. In 2012, it was 39K out of 76K, or 51%, and in 2016 it was 89K out of 227K, or 39%. My guess is that in a 500K primary, Precinct 1 will have between 150K and 200K voters. Think of it in those terms when you think about how much money each candidate has to spend so they can communicate with those voters.

In Precinct 3, Michael Moore and Tom Ramsey stand out in each of their races so far. For what it’s worth, the three Dems have raised more (270K to 224K) than the three Republicans so far. I don’t think any of that matters right now. Steve Radack still has his campaign money, and I’d bet he spends quite a bit of it to help the Republican nominee hold this seat.

All right, that’s it for now. I’ll have state offices next, and will do Congress and US Senate later since those totals aren’t reliably available till the first of the next month. Later I’ll go back and fill in the city numbers, and maybe look at HISD and HCC as well. Let me know what you think.

Where the primary action is

It’s on the Democratic side in Harris County. This should come as a surprise to no one.

The crowded Harris County Democratic primary field reflects a new reality in Houston politics: With the county turning an even darker shade of blue in 2018, many consider the real battle for countywide seats to be the Democratic primaries, leading more candidates to take on incumbent officeholders.

“This is the new political landscape of Harris County. Countywide offices are won and lost in the Democratic Primary,” said Ogg campaign spokesperson Jaime Mercado, who argued that Ogg’s 2016 win “signaled a monumental shift in county politics” and created renewed emphasis on criminal justice reform now championed by other Democratic officials and Ogg’s opponents.

In the March 3 primaries, Ogg, Bennett, Sheriff Ed Gonzalez and County Attorney Vince Ryan — all Democrats — face at least two intra-party opponents each, while Democratic Commissioner Rodney Ellis has a primary challenger in former state district judge Maria Jackson.

Excluding state district and county courts, 10 of 14 Harris County Democratic incumbents have at least one primary foe. In comparison, three of the seven county GOP incumbents — Justice of the Peace Russ Ridgway, Precinct 4 Constable Mark Herman and education department trustee Don Sumners — have drawn primary challengers.

At the state level, Republicans from the Harris County delegation largely have evaded primary opponents better than Democrats. All but three GOP state representatives — Dan Huberty, Briscoe Cain and Dennis Paul — are unopposed.

On the Democratic side, state Sen. Borris Miles and state Reps. Alma Allen, Jarvis Johnson, Senfronia Thompson, Harold Dutton, Shawn Thierry and Garnet Coleman each have primary opponents.

Overall, the 34 Democratic incumbents seeking re-election to federal, state and county seats that cover at least a portion of Harris County — not including state district and county courts — face 43 primary opponents. The 22 Republican incumbents have 10 intra-party challengers.

It should be noted that a few of these races always draw a crowd. Constable Precincts 1, 2, 3, and 6 combined for 22 candidates in 2012, 21 candidates in 2016, and 17 this year. Three of the four countywide incumbents – DA Kim Ogg, Sheriff Ed Gonzalez, and Tax Assessor Ann Harris Bennett – are in their first term, as is County Commissioner Rodney Ellis. There are fewer Republican incumbents to target, so Dem incumbents get to feel the heat. The bigger tell to me is that Republicans didn’t field candidates in nine District Court races. As I’ve said ad nauseum, it’s the judicial races that are the best indicator of partisan strength in a given locale.

The story also notes that the usual ideological holy war in HD134 is on hold this year – Greg Abbott has endorsed Sarah Davis instead of trying to primary her out, and there’s no Joe Straus to kick around. Republicans do have some big races of their own – CD07, CD22, HD26, HD132, HD138, County Commissioner Precinct 3 – but at the countywide level it’s kind of a snoozefest. Honestly, I’d have to look up who most of their candidates are, their names just haven’t registered with me. I can’t wait to see what the finance reports have to say. The basic point here is that we’re in a new normal. I think that’s right, and I think we’ll see more of the same in 2022. Get used to it.

The “Has Not Yet Filed” list

Today is the actual, official filing deadline. Anyone who has not filed for a spot in the primary by 6 PM today is not a candidate for a Democratic nomination in 2020. A whole lot of people have already filed, and a whole lot more will file today – I’m going to have a lot to talk about with this tomorrow and for the rest of the week – but there are still a few notable absences (with the caveat that the SOS list may not be complete). So with that in mind, here are the “why aren’t they there yet?” list to ponder as the hours tick down.

US Senate: MJ Hegar is not yet listed. John Love, the Midland City Council member who announced his candidacy in October, has ended his campaign, on the grounds that he lacked the time and finances. Good for him for recognizing his situation, and I hope he looks at 2022 for another possible statewide campaign. Eleven candidates have filed so far, Hegar will make it 12 when she makes it official.

US Congress: Reps. Joaquin Castro (CD20) and Colin Allred (CD32) are not on the list as of Sunday evening. Some of the more recent entrants in CDs 03 and 31 – Tanner Do, Chris Suprun, Dan Jangigian – are not yet on the list. Much-ballyhooed CD28 challenger Jessica Cisneros is not yet on the list. Wendy Davis has CD21 to herself right now, as Jennie Leeder has not yet appeared. CDs 19, 27, and 36 do not yet have Democratic candidates. And while this has nothing to do with our side, the Republican field in CD22 is mind-bogglingly large. Good luck with that.

Railroad Commissioner: Kelly Stone had not filed as of Sunday, but she has an event on her candidate Facebook page announcing her filing at 2:30 today. Former State Rep. Robert Alonzo has joined the field.

SBOE: All positions are accounted for. Letti Bresnahan remains the only candidate in District 5, the most flippable one on the board. I still can’t find any information online about her candidacy.

State Senate: No candidates yet in SDs 12, 18, 22, or 28. Not surprising, as none are competitive, but a full slate is still nice. Sens. Borris Miles and Eddie Lucio now each have two opponents, the field in SD19 is four deep, and Rep. Cesar Blanco still has SD29 all to himself.

State House: Far as I can tell, the only incumbent who hasn’t filed yet is Rep. Rene Oliveira in HD37. Of the top targets for 2020 based on Beto’s performance, HDs 23, 43, and 84 do not yet have Democratic candidates. Those are if not the bottom three on the competitiveness scale, with the first two trending away from us, they’re close to it. If they go unfilled it will still be a waste, but about the smallest possible waste. Rep. Ron Reynolds does not have a challenger. Sean Villasana, running for the HD119 seat being vacated by Rep. Roland Gutierrez as he runs for SD19, has the field to himself so far. In all of the big counties, the only one missing a Dem right now is HD99 in Tarrant, which is not particularly competitive.

District Courts: Limiting myself to Harris County, Judges Jaclanel McFarland (133rd Civil), Ursula Hall (165th Civil), Elaine Palmer (215th Civil), and George Powell (351st Criminal) have not filed. Other candidates have filed in the 165th and 351st, as have candidates in the 337th Criminal (Herb Ritchie) and 339th Criminal (Maria Jackson) where the incumbents are known to not be running again. Alex Smoots-Thomas now has an opponent for the 164th, and I am told another may be on the way.

Harris County offices: All of the candidates I’ve tracked for District Attorney, County Attorney, Sheriff, and Tax Assessor have now filed; I’m told another candidate may be filing for Tax Assessor, but I don’t know any more than that. David Brown has not yet filed for HCDE Position 7 At Large, but he was at the CEC meeting yesterday and I expect to see him on the ballot. Luis Guajardo has not yet filed for Commissioners Court in Precinct 3. There’s still no JP candidates in Precincts 4 and 8, and no Constable in Precinct 8. And Precinct 1 Constable Alan Rosen is still missing. Could that mean something? We’ll find out today. I’ll have a report tomorrow.

Filing update: Focus on Harris County

One more look at who has and hasn’t yet filed for stuff as we head into the final weekend for filing. But first, this message:


That’s general advice, not specific to Harris County or to any person or race. With that in mind, let’s review the landscape in Harris County, with maybe a bit of Fort Bend thrown in as a bonus. Primary sources are the SOS candidate page and the Patrick Svitek spreadsheet.

Reps. Sylvia Garcia and Lizzie Fletcher do not have primary opponents, though the spreadsheet does list a possible opponent for Garcia. As previously discussed, Rep. Al Green has a primary opponent, and Rep. Sheila Jackson Lee has three so far, with at least one more to come. Elisa Cardnell and Travis Olsen have filed in CD02. Mike Siegel and Shannon Hutcheson have filed in CD10, and none of the three known contenders have filed yet in CD22. (Before you ask, no, I don’t know why some candidates seem to wait till the last minute to file.)

In the Lege, the big news is that Penny Shaw has filed in HD148, so the voters there will get their third contested race in a four month time period. At least with only two candidates so far there can’t be a runoff, but there’s still time. Ann Johnson and Lanny Bose have filed in HD134, Ruby Powers has not yet. Over in Fort Bend, Ron Reynolds does not have an opponent in HD27, at least not yet. No other activity to note.

Audia Jones, Carvana Cloud, and Todd Overstreet have filed for District Attorney; incumbent Kim Ogg has not yet filed. Christian Menefee and Vince Ryan have filed for County Attorney, Harry Zamora has entered the race for Sheriff along with incumbent Ed Gonzalez, and Jack Terence, last seen as a gadfly Mayoral candidate in the late 90s and early 2000s, has filed for Tax Assessor; Ann Harris Bennett has not yet filed. Andrea Duhon has switched over to HCDE Position 7, At Large, which puts her in the same race as David Brown, who has not yet filed. Erica Davis has already filed for Position 5, At Large.

In the Commissioners Court races, Rodney Ellis and Maria Jackson are in for Precinct 1; Michael Moore, Kristi Thibaut, Diana Alexander and now someone named Zaher Eisa are in for Precinct 3, with at least one other person still to come. I will note that Precinct 1 Constable Alan Rosen has not yet filed for re-election, but three other candidates, two of whom filed within the first week of the period, are in for that position. Rosen’s name has been bandied about as a possible Commissioners Court challenger to Steve Radack, and if he is planning to jump to that race it makes sense that he’d take his time, since he’d have to resign immediately afterward. I have no inside scoop here, just a bit of idle speculation. There are no Dems as yet for either Constable or JP in Precincts 5 or 8.

This brings us to the District Courts, and there’s some interesting action happening here. There are a couple of open seats thanks to retirements and Maria Jackson running for Commissioners Court. Herb Ritchie is retiring in the 337th; two contenders have filed. One person has filed in Jackson’s 339th. Someone other than George Powell has filed in the 351st, and someone other than Randy Roll has filed in the 179th. I’m not sure if they are running again or not. Steve Kirkland has a primary opponent in the 334th, because of course he does, and so does Julia Maldonado in the new 507th. Alexandra Smoots-Thomas does not yet have a primary opponent.

Fort Bend County went blue in 2018 as we know, but Dems did not have a full slate of candidates to take advantage of that. They don’t appear to have that problem this year, as there are multiple candidates for Sheriff (where longtime incumbent Troy Nehls is retiring and appears poised to finally announce his long-anticipated candidacy for CD22, joining an insanely large field), County Attorney, and Tax Assessor (HCC Trustee Neeta Sane, who ran for Treasurer in 2006, is among the candidates). The Dems also have multiple candidates trying to win back the Commissioners Court seat in Precinct 1 that they lost in 2016 – one of the candidates is Jennifer Cantu, who ran for HD85 in 2018 – and they have candidates for all four Constable positions.

There are still incumbents and known challengers who have been raising money for their intended offices who have not yet filed. I expect nearly all of that to happen over the weekend, and then we’ll see about Monday. I’ll be keeping an eye on it all.

Filing report update

We’re a week out from the official filing deadline for the 2020 primaries. There’s still a lot of known candidates who haven’t filed yet, but I expect there will be a mad flurry of activity this week, as is usually the case. Don’t be surprised if we hear of an out-of-the-blue retirement or two, as that is known to happen at this time as well. I’m going to take a quick look at where we stand now, and will provide other reports as needed before the deadline on Monday. My sources for this are as follows:

The Patrick Svitek spreadsheet.
The Secretary of State Candidate Information page, which is quite handy and reasonably up to date.
Texas Judges, whose provenance is unknown to me, but they have the most information I’ve found about candidates for statewide and Courts of Appeals judicial races.
Jeff Blaylock’s Texas Election Source – I may be too cheap to subscribe, but the free info he includes is always worth noting.

SBOE

We have a third Democrat in the race for SBOE6, Kimberly McLeod. She is Assistant Superintendent of Education & Enrichment at HCDE and a former professor at TSU. She joins former HCDE Board member Debra Kerner (who has filed) and teacher Michelle Palmer (who had not yet filed, at least according to the SOS, as of this weekend).

We have a filing for SBOE5, the most-flippable of the SBOE districts up for election this year, Letti Bresnahan. Google tells me that a person by this name was a Trustee at San Antonio’s Northside ISD (she is not on the Board now). She was elected in 2008, narrowly re-elected in 2012, and I guess didn’t run in 2016; the Bexar County Elections report for May 2016 doesn’t list the NEISD Position 6 race, so who knows what happened. In 2015, she voted to keep the name of San Antonio’s Robert E. Lee High school; it was subsequently changed to Legacy of Education Excellence (LEE) High School in 2017, by which time as far as I can tell she was no longer on the Board. That’s a whole lot more words than I intended to write about her or this race – and mind you, I can’t say for sure this is the same Letti (Leticia) Bresnahan. I noted this because I’ve been keeping an eye on this race – the district was carried by Hillary Clinton in 2016, it was the bluest of the Republican-held SBOE districts in 2018, and the incumbent is a wingnut. So I was gonna write something when a Dem filed, I just didn’t expect it to be this.

State Senate

Someone named Richard Andrews has filed as a Democrat against Sen. Borris Miles. The Svitek spreadsheet has him as a General Election opponent, but his website clearly says “Democrat”, and the SOS has him as a Democrat. He’s a doctor, and that’s all I know about him.

State House

Current SBOE member Lawrence Allen, Jr, who is the son of State Rep. Alma Allen, has filed in the increasingly crowded Democratic primary in HD26. It’s one of the nine GOP-held districts that Beto won in 2018. Rish Oberoi, Suleman Lalani, and 2018 candidate Sarah DeMerchant have also filed.

Travis Boldt has filed in HD29, in Brazoria County. That was one of two near-miss districts (Beto got 47.0%) in which no Dem was on the ballot in 2018; HD32, which does not yet have a candidate filed, was the other.

Sandra Moore, who lost in the 2018 Dem primary to Marty Schexnayder, has filed to run again in HD133.

Ashton Woods has changed the name of his Facebook page to indicate he plans to run in the primary for HD146, currently held by second-term Rep. Shawn Thierry. He has not filed as of this writing.

So far, no one else has filed to run in the primary for HD148, where Anna Eastman is in the runoff for the special election, and has made her filing for 2020.

First Court of Appeals

I hadn’t gotten into the Courts of Appeals in my previous discussions, but especially after the sweep of these races by Dems in 2018 (and not just on this court), they will surely be of interest to multiple candidates.

Veronica Rivas-Molloy, who has officially filed, and Dinesh Singhal are in the race for Place 3 against incumbent Russell Loyd, who was elected in 2014. The Texas Judges website also lists Keith F. Houston as a candidate, but he appears to have decided not to run.

Amparo Guerra and Tim Hootman have both filed for Place 5, which had been held by the now-resigned Laura Carter Higley. There are three Republicans running so far, and there may be another if Greg Abbott appoints someone to fill the still-vacant seat prior to the filing deadline.

14th Court of Appeals

Jane Robinson is the (so far, at least) lone Democrat running for Chief Justice. I saw her at the HCDP Friendsgiving last month but did not have the chance to walk up and say Hi. The position is held by Justice Kem Thompson Frost, who is not running for re-election. Justice Tracy Christopher, who holds Place 9, is running for Chief Justice. She was last elected in 2016, so she would not otherwise be on the ballot. My assumption is that if she wins, she will move over from Place 9, which will make Place 9 vacant, and Abbott will appoint someone who would then run in Christopher’s spot in 2022. If she loses, she’ll remain in her spot and run for re-election (or not, as she sees fit) in 2022.

Wally Kronzer, who has filed, and Cheri Thomas are running for Place 7. Kronzer ran for Place 5 on this court in 2010. Ken Wise, in his first term, is the incumbent.

District courts

I don’t see any primary challengers yet for incumbent Democratic district court judges. I have heard someone is circulating petitions to challenge Judge Alex Smoots-Thomas, which I think we can all understand. I’m not in a position to say anything more than that as yet.

County offices

Audia Jones has officially filed for Harris County DA. Christian Menefee and Vince Ryan have both filed for County Attorney. Michael Moore has filed for County Commissioner in Precinct 3; Kristi Thibaut and Diana Alexander both announced their filings on Facebook over the weekend, but the SOS has not caught up to those filings yet. Bill McLeod, of accidental resignation fame, has filed to win his old seat on County Civil Court at Law #4 back. Incumbent Judge Lesley Briones has not yet filed. We will have a contested primary for at least one of the two HCDE at large positions, as Erica Davis has filed in Position 5; here’s her appointment of treasurer. Andrea Duhon, who had run for a different HCDE position in 2018, has already filed an appointment of treasurer for this race. David Brown is running for the other spot, Position 7, and as far as I know has no Dem opponent as yet.

Now you know what I know. We’ll all know a lot more in a week’s time.

Filing period preview: Harris County

Previously: Congress, Statewide, and SBOE/Senate/House.

For County races, I cannot use the Patrick Svitek spreadsheet, as it doesn’t include local races. I am instead using the Campaign Contribution and Expenditure Reports for Various County Offices link on the County Clerk webpage, as it includes Appointments of Treasurer. I set the filter for a time frame beginning July 15, and including all offices. Not perfect, and may miss candidates who filed Appointments of Treasurer, but it’s close enough. Earlier candidates will have been included in my roundup of July finance reports for county candidates.

So with all that said, here we go. I’m not looking for incumbents’ campaign webpages, we already know about them. I’m trying to identify the party for each of the candidates I found, but some are not easy to determine, so I left them as “unknown”. Feel free to correct me if you know more.

District Attorney

Note: I used some information in this Life at the Harris County Criminal Justice Center post in the following.

Kim Ogg (D)
Audia Jones (D). Has been running for several months.
Carvana Cloud (D). Former division chief within the DAO (see link above).

Mary Nan Huffman (R) Former ADA in the Montgomery County DA’s office, now working for HPOU.

Lori DeAngelo (Unknown) Another former assistant DA (see link above again). I can’t find much else about her.
Todd Overstreet – (Unknown). I have no new information about him since the July post.

Finally, rumor has it that our old buddy Lloyd Oliver is running for DA as a Republican. I don’t see any filings for him so I can’t readily confirm that, but 1) I’m sure he has an appointment of treasurer always on file, and 2) Lloyd Oliver is a barnacle on the body politic, so it pays to always expect something annoying from him.

Sheriff

Ed Gonzalez (D)
Harry Zamora (D). I have no new information on him since the July post.
Jerome Moore (D). Ran in the Dem primary in 2016. No new info on him, either.

Paul Day (R). He is a “Pro-Life, Christian Conservative”, and he ran in the Republican primary for Sheriff in 2008, against then-incumbent Tommy Thomas, getting 17% of the vote.
Joe Danna (R). As noted in July, a multi-time candidate for Constable in Precinct 1.

Lawrence Rush (Unknown). Current employee of the HCSO.

County Attorney

Vince Ryan (D)
Christian Menefee (D)
Ben Rose (D)

Nothing new here, both of these challengers have been running for months. I don’t see any evidence of a Republican candidate for County Attorney as yet.

Tax Assessor

Ann Harris Bennett (D)

Chris Daniel (R)

Daniel is the former District Clerk, elected in the 2010 wave and then un-elected in the 2018 assertion of Democratic dominance. His Appointment of Treasurer was filed on Wednesday but not yet viewable. His Friends of Chris Daniel PAC reported $438 on hand and $25K in outstanding loans as of July.

Commissioners Court, Precinct 1

Rodney Ellis (D)
Maria T. Jackson (D). We know about this one. I could not find any web presence for her – her personal Facebook page still lists her occupation as a Judge – but I did find this Houston Style article about her campaign launch. I will be very interested to see what her January finance report looks like.

Commissioners Court, Precinct 3

Steve Radack (R)
Brenda Stardig (R)

Diana Alexander (D)
Michael Moore (D)
Kristi Thibaut (D)
Erik Hassan (D)
Luis Guajardo (D)

The first three Dems, we know about. Alexander was the first candidate in. Moore is the former Chief of Staff to Mayor Bill White. Thibaut served one term in the Lege in HD133. Erik Hassan was a candidate in the 2016 Dem primary for Precinct 3, losing to Jenifer Pool. Luis Guajardo is a very recent filer whose personal Facebook page lists him as an urban planner. As for Brenda Stardig, soon to be former Council Member in District A, she filed her Appointment of Treasurer on November 8. Chron reporter Jasper Scherer says that Radack is running for re-election, so there’s another contested primary for you. Radack has a pile of cash on hand, and he may have to spend some of it in the next couple of months. As with Maria Jackson, I will be very interested to see what Brenda Stardig’s January finance report looks like.

I’m going to stop here, in part because this is long enough and in part because I’m not prepared to do the same exercise on Constables and Justices of the Peace. Just remember that Beto carried all eight Constable/JP precincts in 2018, so ideally every Republican incumbent should have a challenger, this year and in 2022 as well. I may take a stab at this next week, but for now this wraps up my look ahead at the filing period. I’m sure I’ll have more to say as actual filings pile up.

Last bail lawsuit hearing

At least I assume it’s the last one. I’ve been thinking this was all over but for the formality for months now, so what do I know?

Dianna Williams has witnessed the “collateral damage” of jailing on the fabric of a family. The 61-year-old criminal justice advocate told a federal judge Monday that for generations, her relatives lived paycheck to paycheck and could not afford cash bail when her father and then her brother and her son were held pretrial on low level drug charges.

Mary Nan Huffman offered an opposing take to the judge presiding over a deal upending Harris County money bail for low level offenses. She recounted how her friend was walking with her 3-month-old when a man in a red truck trailed her and later showed up in her yard, masturbating with a knife in his hand. Under the new bail deal, the man would never see a judge and no one would hear that he was a three-time felon who’d been to prison for rape, indecent exposure or kidnapping, said Huffman, a spokesperson for Houston Police Officers’ Union.

Ultimately, the sheriff who oversees the third largest jail in the country sought to assuage fears of constituents on both sides of this contentious issue, telling Chief U.S. District Judge Lee H. Rosenthal the consent decree approved last summer provides fundamental guarantees of justice enshrined in American law and warning against the inclination to let scary scenarios involving particular cases be the foundation of a bail system.

“I don’t think it’s effective for us to develop public policy on outliers,” Sheriff Ed Gonzalez said during the court gathering known as a fairness hearing. “We have to rely on research and facts.”

The hearing attended by six misdemeanor judges who support the historic settlement and three commissioners court members, two of whom oppose it, and about 100 stakeholders lasted three hours, with the judge saying she would consider the input and issue an order soon.

[…]

In a typical class action, a fairness hearing offers class members a chance to express concerns with a settlement. The hearing Monday was unique in that nearly all the speakers were not parties in the lawsuit.

Here’s a preview story of the hearing. I think we all know the basic outline at this point, so all I really care about is when we’ll get the final order from Judge Rosenthal. And then we can relitigate everything in the 2020 elections.