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Ed Gonzalez

Poll: Michael Moore claims large lead in Commissioners Court race

From Keir Murray:

There’s an image of the polling memo at the tweet, and you can see the whole thing here. To sum up:

– About one fifth of voters had no preference initially, not surprising since Commissioners Court is a lower-profile race. Moore led Republican Tom Ramsey 42-39 in the initial ask, likely a recapitulation of the partisan mix, with Moore having slightly higher name recognition, perhaps due to having to compete in the primary runoff.

– After a positive message about both candidates, Moore led 53-39. After a negative message about both candidates, Moore led 50-35. Joe Biden led 53-39 in the precinct.

– This is of course an internal campaign poll, and the sample appears to be likely voters, sample size 508, margin of error 4.4%.

– While the notion of “shy Trump voters” has been discredited multiple times by various investigators, I can believe that Trump might get the bulk of the non-responsive respondents here. To put it another way, I believe Moore is winning. I don’t believe he’s really winning by fourteen points. It’s not impossible by any means, but it’s very much on the high end of my expected range of outcomes.

– For comparison, Beto carried CC3 by four points in 2018. The stronger statewide Dems in 2018 carried it by a bit less, while the weaker Dems were losing it by five to seven points. Hillary Clinton lost CC3 by less than a point in 2016, but she ran well ahead of the partisan baseline, as the average Dem judicial candidate was losing it by ten points. Kim Ogg and Ed Gonzalez, the next two strongest Dems in 2016, were losing CC3 by eight or nine points. You want to talk suburban shift? This here is your suburban shift. Not too surprisingly, there’s a fair bit of CD07 overlapping CC3.

– The larger point here is that if Dems have improved on Beto’s performance in CC3, that’s another data point to suggest that Biden is doing better than Beto, and a lot better than Clinton, in 2020. You can figure out what that means at the statewide level.

Again, internal poll, insert all the caveats here. I give you data points because I care.

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.

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.

The current status on local police reform efforts

Well, the budget amendment process didn’t do much.

CM Letitia Plummer

City Council on Wednesday unanimously approved Mayor Sylvester Turner’s $5.1 billion budget for the next fiscal year, slightly increasing funds for the Houston Police Department even as some cities are under pressure to cut law enforcement spending amid nationwide protest over police violence and the death of George Floyd.

As the council took up budget, chants of “Black lives matter” and “No justice, no peace” could be heard from protesters outside City Hall. Dozens of police reform advocates had asked city council the day before to divert funding from HPD’s massive budget to other services, such as health care and affordable housing.

Instead, the $965 million approved for HPD represents a 2 percent, or $19 million, increase over the current year. The overall city budget is up 1 percent.

The police department takes up more than a third of the tax- and fee-supported general fund, which pays for most of the city’s day-to-day operations. Much of the HPD increase is due to a 3 percent raise for officers under a 2018 labor contract that expires in December.

Turner, who later Wednesday signed an executive order on police reform, offered a passionate defense of the HPD budget, arguing that Houston has a shortage of police officers compared to other large cities. He often has pointed out that Houston, with a population of 2.3 million people and an area of more than 650 square miles, has 5,300 officers; Chicago, with a population of 2.7 million and 275 square miles, has about 12,000.

[…]

At-Large Council member Letitia Plummer proposed an amendment that would cut 199 vacant positions in the police department and redirect that money toward a slew of reforms, including giving the Independent Police Oversight Board subpoena power and boosting funds for mental health units and re-entry programs. Plummer’s amendments failed without the support of any other council member.

At one point, Plummer held up a heavily redacted HPD use-of-force policy, which she said the department gave her office when it requested a copy.

“We started the conversation on police reform. Not one of my amendments passed but I know that I stand on the right side of history,” said Plummer, who addressed the protesters outside after the vote. “That is the most important takeaway. I answer to the people who elected me. I will be holding the (mayor’s) task force accountable.”

The mayor did support an amendment from Councilmember Ed Pollard that would set up a public website where residents could browse complaints about police misconduct. The mayor said the site could work alongside the executive order he signed later Wednesday, and Pollard’s amendment was referred to the legal department for implementation.

I’ll get to the executive order in a minute. I know folks are upset by the failure of CM Plummer’s amendment. It is disappointing, but it’s not surprising. Stuff just doesn’t happen that fast in Houston. There’s almost always a need to build a broad base of support for significant changes, and that takes time. The good news is that CM Plummer’s proposals, especially redirecting certain kinds of 911 calls away from police and towards social workers, has a lot of merit and should garner a lot of support as more people learn about them. Making this a goal for the next budget is very doable, I think.

Now, as for that executive order:

The executive order embraces some measures laid out in the #8cantwait campaign, including: requiring officers to de-escalate, give a verbal warning and exhaust all other options before using deadly force; mandating that they intercede when they witness misconduct; forbidding choke-holds and firing at moving vehicles; and reporting all use of force to the Independent Police Oversight Board.

It also prohibits serving no-knock warrants unless the chief or his designee approves them in writing. A botched raid on Harding Street last year left two people dead, several officers wounded and two narcotics officers charged with crimes. It also has prompted the Harris County district attorney’s office to review and seek the dismissal of scores of drug cases involving one of the indicted officers, Gerald Goines.

“This is not the end,” Turner said, adding that thousands of residents protesting the May 25 death of Houston native George Floyd while in police custody in Minneapolis made his executive order possible. “In the absence of people that stood up, marched, protested, this would not be happening.”

Several of the requirements — the duty-to-interfere requirement, bans on choke-holds, and prohibiting firing at moving weapons — were already HPD policies, and some experts have cast doubt on whether the #8cantwait reforms have resulted in measurable progress in the cities that have adopted them.

Houston Police Chief Art Acevedo said the reforms were meaningful in that they now are codified at City Hall. A new chief cannot come in later and undo the policies without going through the mayor’s office, he said.

“I think it is a huge, watershed moment,” he said.

See here for the background. A group called the #Right2Justice coalition put out this statement afterward:

“Mayor Turner promised bold reform on policing in Houston. Instead, his executive order on use of force is largely a restatement of existing policy. It makes little meaningful progress at a moment when tens of thousands of people have taken to the streets demanding change. Several of the requirements — the duty-to-interfere requirement, a partial ban on choke-holds, and prohibiting firing at moving vehicles — were either restatements of police best practices or already Houston Police Department policy or practice. Last year, the Houston Police Department forcibly entered a home to search it without warning. Two residents were killed, and four officers were shot. The executive order does nothing to prevent this kind of no-knock raid from happening again.

“The Houston Police Department has killed six people in the last two months. This moment demands meaningful change: new policies to require automatic release of body cam footage of police misconduct and eliminate no-knock warrants, and significant investments in diversion like those Harris County made yesterday. This executive order is not the meaningful reform we need.”

This coalition includes ACLU of Texas, Anti-Defamation League, Houston Immigration Legal Services Collaborative, Immigrant Resource Legal Center (IRLC), Texas Appleseed, Texas Civil Rights Project, Texas Organizing Project, and United We Dream. I checked several websites and Twitter feeds and could not find this statement on any of them. The ACLU of Texas Twitter did retweet Chron reporter Jasper Scherer, who tweeted an image of the statement. I feel like there is room for improvement here.

Anyway. I agree with Chief Acevedo that this means the next HPD Chief can’t just come in and throw this stuff out, and that’s good. But the next Mayor could throw it out, so we need to keep that in mind. A big question here is what happens when someone violates this order in some fashion. What are the consequences, and how will they be enforced? That needs to be addressed.

Also, too, that task force. I saw somewhere, but now can’t remember where, that Mayor Turner expects them to give a report in three months. That’s good, we need to have a deadline and a promise of a report, but that’s still just a starting point. There needs to be a plan to enact whatever this task force recommends as well.

Did you notice that bit in the budget story about the police union contract, which expires in December? That’s another opportunity to make positive changes, as Ashton Woods opines:

Under Article 30 of the contract, when a complaint is filed against an officer, the accused officer receives all copies and files associated with the complaint against them. They then have 48 hours to review the complaint against them, talk to a lawyer, and get their story together. All of this happens before they are required to give a statement to their supervisor. This “48-hour rule” insulates them from questioning and gives cops a privilege that no civilian gets.

Article 26 grants a committee of officers the power to appoint the 12 “independent hearing examiners” who get the final say in officer discipline for misconduct. But these examiners are not actually independent, as half of them are appointed by the police chief and the other half by the union. In other words, when an officer has been disciplined for misconduct and appeals that discipline, these cop-appointed examiners get to make the final call. Because the union gets to pick 50 percent of the examiners, they effectively have veto power. This gives the police union, the most outspoken opponent of police reform, a startling amount of control over officer discipline.

You may have noticed that there’s a huge piece of the puzzle missing: community oversight. While Houston technically has an Independent Police Oversight Board, this board has no subpoena power and no direct discipline authority, making it one of the weakest and least effective community oversight boards in the nation. According to the City of Houston website, the board can’t even take complaints directly from civilians. All complaints are reviewed by HPD.

As noted before, District B candidate Tarsha Jackson has recommended these and other changes as well. As much as anything, the key here is paying attention and making clear what we want to happen.

Finally, there was action taken by Commissioners Court.

Harris County’s sheriff and eight constables voiced support Wednesday for some of the policing and criminal justice reform measures approved by Commissioners Court hours after George Floyd, a longtime Houstonian killed by Minneapolis police was laid to rest.

In a session that stretched past midnight, Commissioners Court on Tuesday approved 10 reform-minded items inspired by the nationwide protests following Floyd’s May 25 video-recorded death, including a pledge to examine how to create a civilian oversight board with subpoena power, adopt a countywide use-of-force policy for officers and establish a database of use-of-force incidents.

Precinct 4 Constable Mark Herman said all eight constables met for several hours Wednesday morning to discuss the proposals. The group was unanimous in favor of adopting a universal use-of-force policy and sharing documents, including video, to help the county create a public log of violent police encounters.

“We’re in agreement to work with Judge Hidalgo’s group and be transparent and show any use of force we have,” Herman said.

Precinct 3’s Sherman Eagleton, one of two African-American constables, said the group did not come to a conclusion about welcoming more civilian oversight. He said Floyd’s killing had already spurred the constables to review their policies, though the group needs more time to evaluate the Commissioners Court proposals.

“That civilian review board might be a good thing once we find out more about it,” he said.

[…]

During the discussion Tuesday evening on creating a database of use-of-force incidents, First Assistant County Attorney Robert Soard warned court members they were perilously close to exceeding their authority by setting policy for other elected officials.

County Judge Lina Hidalgo agreed to amend the item to make clear that participation by agencies would be voluntary. She said video footage, however, often is crucial in exposing misconduct by police, as was the case in Floyd’s killing.

“How many times has this kind of thing happened and it just so happens that no one was taking a video, and so we didn’t know?” she said.

Precinct 1 Commissioner Rodney Ellis said he was open to testing the limits of the court’s power even if that meant an issue needed to be resolved in state court. He said Commissioners Court’s passage of the items also could force the elected law enforcement officials to confront those issues.

“We do have the right to put the public pressure on, you got me?” Ellis said.

See here for the background. This is a good step forward, and it clearly does require the cooperation of the constables. As with the Houston items, we need to keep track of the progress made, and revisit these items in a year or so to ensure they have had the desired effect, with an eye towards doing more as needed.

Commissioners Court to address police reform

On the agenda for today.

Ten police and criminal justice reform items appear on Tuesday’s agenda; seven by Precinct 1 Commissioner Rodney Ellis, two by County Judge Lina Hidalgo and one by Precinct 2 Commissioner Adrian Garcia. They would:

  •  Examine whether to create an independent county civilian oversight board, with the ability to subpoena documents and witnesses, to investigate claims against police, including use-of-force complaints
  •  Order the creation of a universal use-of-force policy for all county law enforcement agencies, to include de-escalation techniques and alternatives to violence
  •  Determine how to engage the community in budget evaluations for all the county’s criminal justice departments;
  •  Create a public website with monthly use-of-force reports, including video footage, submitted by the Harris County Sheriff’s Office and constables’ offices
  •  Determine the feasibility of creating a new emergency responder program to handle some responsibilities that currently fall to police, such as mental health and substance abuse crises
  •  Study whether to create a new county agency to run “violence interruption programs” to end cycles of violence in communities
  •  Determine how to expand alternative, non-punitive intervention techniques to address issues including poverty, homelessness and substance abuse
  •  Study the effect on poor arrestees of cash bail, criminal fines, fees and penalties
  •  Order a bi-annual report on current racial disparities in the justice system with recommendations on how to eliminate them
  •  Make improvements to the indigent defense system

Ellis, who has cited criminal justice laws as among his proudest achievements during his 26-year career in the Texas Senate, said in an email to constituents on Thursday that reforming law enforcement must extend beyond addressing police brutality.

“We must re-imagine what justice means, and open our eyes to the ways that the justice system intersects with racism, classism, and other societal inequities, and chart a new path predicated on community well-being,” Ellis wrote.

As noted, Commissioners Court has less power to affect policing in Harris County than Mayor Turner and City Council do in Houston because Sheriff Gonzalez and the Constables are all elected officials themselves. They do have the power of the purse, however, and can threaten to make budget cuts as needed to effect reforms. More transparency and a CAHOOTS-like program as proposed by CM Letitia Plummer both seem like strong ideas that can have a quick impact, and an oversight board with subpoena power is also needed. Now get some community input and start implementing these plans.

Driving may be down, but traffic fatalities are not down as much

It’s a bit of a conundrum.

I don’t miss this

COVID-19 can keep millions of Texans at home and cut vehicle travel roughly in half in many cities, but cannot keep hundreds from dying on state roads — continuing a stubborn trend of carnage unabated for nearly two decades.

With many reports likely still finding their way into the state’s crash recording system maintained by the Texas Department of Transportation, police last month logged at least 241 fatalities on state roads as of Monday. That is a decline of 21 percent from the 305 in March 2019, at a time when people are driving only about half as many miles.

“I would have expected the number to go down more,” Harris County Sheriff Ed Gonzalez said. “But we tend to have a bad driving culture in our region and less traffic doesn’t mean safer drivers are out, sadly. We still see people taking unnecessary trips, and the fact we are still seeing high numbers (of fatalities) is worrisome.”

In Harris County, 32 people died on roadways last month, 14 more than killed by the new coronavirus, based on crash reports to the Texas Department of Transportation and health department statistics.

As is typical, most deaths occurred in urban counties, according to the tallies to date. Dallas County, which reported 29 fatalities, surpassed its 2018 and 2019 totals for the month. Harris County’s 32 reported deaths was more than the 31 in March 2018, but below the 37 in the same month last year. The five deaths so far in Galveston County represent increases over March totals in 2018 and 2019.

[…]

Among those deaths, pedestrians are becoming a larger share, with both Harris County and Bexar County surpassing 2018 and 2019 deaths for March. In Harris County, the 11 pedestrian deaths reported is four more than March 2019, something Gonzalez attributed potentially to bad habits along mostly desolate roads.

“Everybody that takes to the roadways thinks there is nobody out there and there are bicyclists and pedestrians,” he said.

Crashes overall, however, have declined for the Harris County sheriff’s department, internal department statistics show. The previous two Marches, the agency responded to 3,035 and 2,574 crashes. Last month, deputies handled 1,725.

Freed from stop-and-go traffic, Gonzalez said he worries speed — already a major problem along Houston area roads and a contributing factor to crashes — is worsening.

“Some of the habits do not break whether there is a pandemic or not,” the sheriff said.

See here for some background. I too would assume that fewer vehicles on the road means the ones that are out there are driving faster than usual, because that’s what we do. I’ve taken advantage of the lesser traffic to let my elder daughter do some driving practice, and many cars whiz past us on the highways; to be fair, my daughter likes to stick to the speed limit, which as we know is for chumps in this town. It would be nice if we could reap the full benefit of fewer cars on the road, but it’s clearly not realistic.

Judges have to do their part

Some could be doing better.

Harris County’s largest association of criminal defense attorneys on Monday called on local judges to halt in-person court appearances to help prevent the spread of coronavirus.

As the virus has swept across the nation, it has shut down wide swaths of everyday life. But in Harris County — where judges last month halted jury trials and many other court functions — some criminal judges have continued to require in-person court hearings and in-person reporting to pre-trial services.

Harris County Criminal Lawyers Association President Neal A. Davis wrote that such policies present a “threat to public safety and the impartial administration of justice.”

In the four-page letter — which was sent to the county’s 22 state district judges and 16 misdemeanor judges, Davis noted that video appearances are “easy and routine now,” and that local prosecutors are expressly forbidden from appearing in courtrooms, except in “the rarest of occasions.”

“For a Harris County Judge to require one party to physically appear and risk exposure to a deadly pathogen, and allow the other party to appear remotely, violates a judge’s appearance of impartiality, at a minimum,” Davis wrote.

[…]

Local defense attorney Patrick McCann said that while many misdemeanor judges were taking measures to mitigate the spread of the coronavirus, some district judges “have not thought through the implications of everything they’ve been asking the defense bar to do.”

“I’m glad the HCCLA is finally standing up for the average solo (attorney) that’s trying to keep safe, keep their family safe and still do a good job for their clients,” he said.

This is one of those things that should have gone without saying, but clearly we need to say it. It’s clearly unfair to have different rules for each side, and when those different rules put some people’s lives at risk, there’s really no excuse. The story does not indicate which judges are the offenders here, but I’m sure the names are known. All I can say is that the next time these judges come up for election, I would very much like to know who was doing the right thing and who was not. I hope that the various endorsing organizations will take that into account, and more to the point be as transparent as they can about it. I know that most people who vote in judicial elections don’t know a whole lot about the candidates in question. That doesn’t mean the information that is relevant to us shouldn’t be available. Please make sure that it is.

Another obstacle to releasing inmates

One step forward, one step back.

As fear and COVID-19 crept though the Harris County Jail, felony judges halted the release of low-risk inmates on Friday, blocking the county chief executive’s order to free them to await trial.

Sheriff Ed Gonzalez discontinued the releases Friday after District Judge Herb Ritchie voided the order to free inmates to mitigate the spread of COVID-19. People had begun to be released from the jail Thursday night and Friday morning under Judge Lina Hidalgo’s decision from earlier in the week, but only a handful walked free before Ritchie put the hammer down.

Public health experts have warned that the cramped conditions at the jail mean any significant outbreak could spread “like wildfire” among the jail population, spreading to staff and the wider community. Five people who work at the jail and three inmates have tested positive for the coronavirus, with 800 more inmates quarantined. The sheriff has been calling for releases for weeks to avert a contagion that could ravage the jail and overload the region’s health care system.

[…]

Hidalgo earlier this week ordered Gonzalez to prepare a list of inmates accused of certain nonviolent offenses and who did not have previous convictions for violent crimes. That list was being reviewed and pared down by other county departments.

On Friday afternoon Ritchie, who supervises the felony judges, issued an “Order to Disregard Directive by Harris County Judge.” He ordered the sheriff to “ignore and wholly disregard” Hidalgo’s directive to arrange for the release of inmates. Ritchie’s order said that each violation “may result in criminal contempt of court penalties, which may include up to six months’ confinement in jail, as well as a possible fine not to exceed $500.00.”

Hidalgo said, “We are reviewing the order and hoping for a swift resolution because the health of every Harris County resident is at stake.”

Michael Fleming, former Harris County Attorney, said Ritchie has a very strong argument on constitutional grounds. “It’s not a frivolous thing that he did,” Fleming said. “A district judge under the Texas Constitution has supervisory control.”

It’s a thorny legal issue, according to Brandon Rottinghaus, a political science professor at University of Houston. “The judiciary almost always has precedence in matters involving release from incarceration,” he said, but noted: “In times of crisis, discretionary powers to protect public safety have a way of finding priority, so a higher court may agree that the county judge has jurisdiction in an emergency.”

The effort to secure inmate releases has crawled along for weeks, impeded by squabbling among the county departments involved, disagreements about who should qualify for release, threats from the state Attorney General and social media potshots from Houston Police Chief Art Acevedo and others warning of dire consequences should people be freed from jail. For all the effort that went into Hidalgo’s order, it appeared Friday that only a handful would end up being released under its terms.

The sheriff sought to prioritize 125 people whose health would be especially compromised if they were exposed to the virus. The district attorney objected to all but 14 of those people, who had all been released as of late Friday morning. According to an estimate by the sheriff’s lawyer, only 150 to 200 on the list of 1,470 people would have gone free.

The Hidalgo order excluded anyone with three or more drunk-driving convictions, a conviction for burglary of a habitation or temporary restraining orders. The inmates released on Thursday night and Friday include people charged with drug possession, unauthorized use of a vehicle, evading arrest, interfering with the duties of a public servant, theft, fraud, and tampering with a government record. But the vast majority on the sheriff’s list were being stricken.

See here and here for the background. Boy, you really have to watch out for those document-tamperers. They will straight-up kill you if you look at them funny. Kidding aside, I sure don’t know if Judge Ritchie is correct that county judges don’t have the authority to order the release of inmates who have been held on bond. There’s likely little to no precedent, and there are good arguments to be made either way. (Former CCA Justice Elsa Alcala has some interesting discussion of this on her Twitter feed.) Individual judges can certainly change bond conditions as they see fit, and eventually we will get this sorted out either through the courts or subsequent legislation. The point, though, is that this is an emergency situation, and every day increases the risk and the infection rate, which is exactly what Judge Hidalgo was trying to mitigate. This is just another way in which we as a society were totally unprepared for this kind of problem. We damn well better learn from it for the next time.

The state of inmate releases

Harris County judges are going to follow the federal bail lawsuit settlement agreement and not Greg Abbott.

Texas Gov. Greg Abbott has moved to restrict the release of people in jail during the coronavirus pandemic — but Harris County’s misdemeanor judges aren’t abiding by his executive order. Instead, they’re following a federal court’s orders for their bail decisions.

And those tied to the court have again raised skepticism that Abbott’s order is even constitutional.

Instead of following Abbott’s recent executive order, a lawyer for the 16 criminal court judges that preside over low-level offenses in Texas’ largest county said in a Tuesday letter obtained by The Texas Tribune that the judges will continue to comply with practices solidified in a federal court agreement. That will allow for the automatic release of most misdemeanor defendants without collecting bail payment.

[…]

Abbott’s order, issued Sunday, suspended much of the state’s bail laws and prohibited the release of people in jail accused or previously convicted of violent crimes from being released on these personal bonds. But Abbott’s order only prohibits personal bonds, so those inmates could still walk free if they have access to cash.

In an interview with The Texas Tribune on Tuesday, Abbott said his order had nothing to do with bail reform efforts, which prompted Harris County’s lawsuit.

“Bail reform efforts, among other things, are focused on making sure that you’re not going to imprison someone just because they don’t have any money, and you’re not going to have a bifurcated system where the rich are gonna get to bail out and the poor are not,” he said. “So this doesn’t focus on how deep somebody’s pocketbook is. It has to do with how serious the crime they committed.”

A law professor overseeing the Harris County decree advised county officials this week that the federal court order supersedes the governor’s. And he also doubted the constitutionality of Abbott’s order.

“The Order is likely unconstitutional under state and federal law. But regardless of whether it is ultimately challenged and/or implemented, [it] does not affect any terms of the pre-existing … consent decree,” said Brandon Garrett of Duke University School of Law.

See here for the background. It’s still not clear to me what Abbott intended with this order and what if anything he’ll do in response to the courts’ actions. We do know what the plaintiffs in that bail lawsuit are doing, however.

Gov. Greg Abbott’s order restricting the release of some Texas jail inmates during the coronavirus pandemic is being challenged in federal court. Civil rights attorneys filed a court motion Wednesday arguing the order unconstitutionally discriminates against poor defendants and also takes away judges’ power to make individual release decisions.

[…]

On Wednesday, in an ongoing federal lawsuit over Harris County’s felony court bail practices, attorneys representing inmates filed a motion for a temporary restraining order against Abbott’s order. The motion asks U.S. District Judge Lee Rosenthal to order Harris County judges to ignore Abbott’s order until a full hearing can be held.

“The text of the Order purports to block release of presumptively innocent individuals even if state judges conclude that there is no individualized basis for their pretrial detention — but only for those who cannot pay,” the motion said.

Abbott said Tuesday that his legal team and the attorney general’s office worked for days on the order to ensure it met “constitutional muster.” His order “doesn’t focus on how deep somebody’s pocketbook is. It has to do with how serious the crime they committed,” he said. A spokesperson for the governor did not immediately respond to questions about the court challenge Wednesday.

My guess is that Judge Rosenthal will not be impressed by Abbott’s order, but I expect we’ll know soon enough.

And then there’s this.

Judge Lina Hidalgo

Judge Lina Hidalgo issued an order Wednesday directing the Harris County Jail to release some low-risk inmates to mitigate the spread of coronavirus.

It could take up to 32 hours for the relevant agencies to weigh in and allow eligible people to leave the downtown campus of the third largest jail in the country.

The order by Hidalgo — more than two weeks in the making — calls on Sheriff Ed Gonzalez to assemble a list of people accused of nonviolent offenses with no violent prior convictions. Murray Fogler, a lawyer for Gonzalez, estimated this initial list could include 1,000 to 1,200 people who fit the criteria.

The order cites the grave risk the disease poses to both the jail population and the whole Houston area.

“Without significant reductions in the current population, the lack of physical space, supplies, and staff to control an infectious outbreak in the Harris County Jail system is likely to spread to the greater Harris County region,” the order says. “These detainees spend significant time in communal spaces, including dormitories, eating areas, recreation rooms, bathrooms, and cells or holding areas, and are unable to choose to do otherwise. Further, detainees live in spaces with open toilets within a few feet from their beds, and unable to access a closed toilet that would not aerosolize bodily fluids into their living spaces.”

The order excludes anyone with three or more drunk-driving convictions, a conviction for burglary of a habitation or any pending temporary restraining orders.

See here and here for the background. The order, which is embedded in the Chron story, also takes into account inmates who have tested positive for COVID-19. The jail is going to be a huge vector for the virus, and the only thing we can do about it is to minimize the number of people who could be affected by it. Again, I wonder what if any resistance we’re going to get from the state.

More on Abbott’s stay-in-jail order

Here’s that more detailed Chron story I referenced yesterday. I’m just going to quote the newer information about Greg Abbott’s executive order that attempts to basically stop most releases of inmates from the jail regardless of the coronavirus situation.

The newly appointed monitor over Harris County’s misdemeanor bail protocol, Duke law professor Brandon Garrett, said the decree violated “many state and federal constitutional provisions.”

Alec Karakatsanis, a civil rights attorney who represents thousands of indigent defendants awaiting trial at the lockup on felony charges, called the governor’s stance illegal and perilous.

“The edict is dangerous, unprecedented, chaotic, and a flagrantly unconstitutional attempt to infringe fundamental constitutional rights,” he said. “If enforced it would have catastrophic public health consequences.”

[…]

The governor’s order suspends portions of the Texas Code of Criminal Procedure and statues related to personal bonds, barring any personal bonds for anyone with a prior violent conviction or a conviction involving the threat of violence. He also outlawed releasing inmates with prior violent convictions on electronic monitoring.

In a barely veiled reference to the preparations taking place by Harris County Judge Lina Hidalgo, the governor suspended portions of the Texas Government Code permitting a county judge, mayor or emergency management director from releasing people outlawed under his new order. He said criminal court judges who handle misdemeanor and felony cases may still consider such releases on an individualized basis for health or medical reasons proper notice to prosecutors.

Among prison inmates, Abbott suspended portions of the state criminal code related to commuting sentences for anyone convicted of violence or threats.

Multiple plans for lowering the jail population have evolved in the past two weeks, including an executive order by Hidalgo that never came to fruition and a request by the lawyers who sued the county over its bail practices. District Attorney Kim Ogg also entered the discussion, telling the sheriff and presiding district judge that she wanted to weigh in and expedite releases of low-risk inmates in the “high likelihood” of a federal court order dictating either substantive bail hearings or outright release on personal bonds.

“As the legal representatives of the State of Texas, we also have the duty to be advocates for victims and the community in a full and fair bail hearing related to the proposed release of individuals who do pose a substantial risk to public safety,” Ogg wrote, in the letter obtained by the Houston Chronicle.

Hours before Abbott’s announcement, Chief U.S. District Judge Lee H. Rosenthal convened an emergency hearing by phone to address incomplete plans by plaintiffs in a federal civil rights case to craft the a release order for people accused of some nonviolent offenses, along with lawyers for the sheriff and the county judge.

An official from Attorney General Ken Paxton’s office told the federal judge that Paxton was poised to appeal any order by Rosenthal that called for blanket releases of inmates.

See here for the previous post. The Trib adds on.

Abbott’s order applies to inmates who have been accused or convicted of “a crime that involves physical violence or the threat of physical violence,” which defense attorneys called a vague and subjective standard. Abbott’s directive also appears to apply to inmates with any history of violent offenses — meaning a person arrested on a nonviolent drug charge last week could be held if he had a decades-old conviction of a violent offense.

Though the order bans release of inmates on no-cost, personal bonds, it does not set a standard for how high a bail amount must be. Presumably, judges could still release inmates on bonds of $1, defense attorneys said.

Legal experts questioned the order’s validity, and it drew immediate rebukes from Democrats and bail reform advocates, who argued the order discriminates against poor people. Several Texas counties, including Harris and Dallas, have in recent years had their bail practices deemed unconstitutional for discriminating against poor defendants.

“It is a dangerous, unprecedented, chaotic and flagrantly unconstitutional edict that if enforced would expose many people around the state of Texas to a public health catastrophe,” said Alec Karakatsanis, executive director of the Civil Rights Corp, which has been at the helm of Harris County’s federal bail lawsuits.

El Paso Democrat Joe Moody, a state representative and former prosecutor and defense attorney, said “if followed, this order will see jails bursting at the seams [with] minor drug offenders, homeless people whose most recent ‘crime’ was something like simple trespass & everyday citizens picked up on the flimsiest of allegations.”

According to Abbott’s order, a judge may consider a defendant’s release for health or medical reasons, after the district attorney is notified and there is an opportunity for a hearing.

You can see the executive order here, and a brief analysis of why it doesn’t pass constitutional muster here. Rep. Gene Wu was on a call with Abbott and reports that the Governor is either misinformed or not telling the truth about his own order. The ACLU of Texas has responded to Abbott’s order, and I presume we’ll have some action in the federal court today. I should note that Ken Paxton jumped out in front of this parade ahead of Abbott’s order, which prompted a couple of folks to observe that Ken Paxton is himself under a felony indictment and out free on bail. Hey, irony went into hospice care sometime back in 2002, so just keep swimming. The Texas Observer has more.

Still trying to do something about the coronavirus risk in the jail

Time is extremely limited for this.

A federal judge Friday asked lawyers to hammer out a plan for releasing about 1,000 indigent inmates detained on bonds of $10,000 or less amid fear of a COVID-19 outbreak at the third largest jail in the country. The judge indicated she would take up the fate of another 3,400 people in the Harris County Jail awaiting trial on higher bonds next week.

The instructions by Chief U.S. District Judge Lee H. Rosenthal came in response to an emergency request Friday by the team of lawyers who challenged the county’s bail policies. They argued that thousands of poor defendants trapped in the jail simply because they couldn’t afford bail should be granted immediate bail hearings or be released.

The pleading laid a grave situation at the hands of a judge who has made many tough decisions in the criminal justice realm.

“A public health catastrophe of historic proportion looms in the Harris County Jail. Only this Court can avert it,” the motion says. “With every passing hour, the risk of disaster increases. All eyes turn to this Court in this dire moment.”

The bail lawsuit motion for a temporary restraining order and preliminary injunction seeks release of about half the jail’s population of nearly 8,000 if they cannot be afforded immediate bail hearings. This would mean thousands of people charged with nonviolent offenses would be allowed to await trial on bond outside the facility, as they would otherwise be able to do if they could post cash bond.

Other local officials, including the sheriff, state district judges and top county official have been tackling the potential public health threat from different angles over the past two weeks, seeking compassionate releases of medically vulnerable inmates, bonds for those accused of nonviolent offenses, or some cross-section of the two groups.

But early Friday lawyers from Civil Rights Corps, the Texas Civil Rights Project and pro bono counsel from Susman Godfrey, stepped in with a constitutional approach to the jail problem that could allow much more drastic cuts in the population than the compassionate release plans outlined by the sheriff and the county judge.

Rosenthal asked the lawyers for indigent defendants and attorneys for the sheriff and the county to assemble by Monday a list of thousands of people who might qualify for release based on their bond amounts, charges, criminal histories and risk factors. In addition, the judge indicated she would move swiftly on a subset of the indigent defendants who can’t pay their bond. She asked for confirmation that 1,000 or so people being held on bonds of up to $10,000 were not subject to other holds or detainers.

The sheriff and county officials told the judge that they had no objection to this first group being released if they fit the judge’s criteria. According to a lawyer for the plaintiffs, the only agency that opposed the release of those facing $10,000 bonds was the Texas Attorney General’s Office.

Sheriff Gonzalez had been working on this for the past week, trying to get individual judges to allow some inmates to be released, but the process was slow. County Judge Lina Hidalgo had been working on an executive order that would have released a larger number of inmates, but she shelved it after objections from the Attorney General’s office; you can read that story for the details. And I know, we’re all going to be murdered in our sleep by a rampaging horde of pot smokers and check kiters, but let’s do pause for a moment and consider what the alternative might be:

In another effort to address the issue, Harris Health System leaders on Friday sent a letter asking for the release of defendants with nonviolent offenses.

The county medical system’s president and CEO stressed that an outbreak in the Harris County Jail is not a matter of if, but when.

“The Harris County Jail and other large correctional facilities pose a real and immediate danger to the health of the community,” Esmaeil Porsa said. “An even limited outbreak of COVID-19 in the Harris County Jail has the potential to overwhelm our already overburdened hospital system. If this happened — and the likelihood is high — it could leave many vulnerable people in our community without access to care.”

Porsa urged the county to consider prioritizing inmates over 60 with pre-existing conditions such as cancer, diabetes, asthma and chronic pulmonary disease, heart disease and HIV. Jails are known to have higher concentrations of people in the high-risk group, he said.

He added that social distancing is nearly impossible, with dorm settings holding between 20 and 60 people in a close space. And quarantine is also unfeasible when inmates are booked in and out of the jail on a daily basis.

We could just let them all die, I suppose. I’m sure Dan Patrick would approve. I would rather not do that.

UPDATE: And now Greg Abbott is involved, and I’m confused.

As the first Harris County inmate tested positive for COVID-19 Sunday, Gov. Greg Abbott issued an executive order blocking any release of inmates from jails and prisons accused or convicted of violent crime.

“Releasing dangerous criminals from jails into the streets is not the right solution and doing so is now prohibited by law by this declaration,” Abbott said at an afternoon briefing.

The news comes as federal, state and local government officials continued to squabble over details of what a jail release would look like as they attempted to prevent a catastrophic outbreak among the approximately 8,000 people incarcerated at the downtown facility.

The governor was referencing Attorney General Ken Paxton’s motion to prevent Harris County from releasing 4,000 people awaiting trial on felonies, saying such a move would “allow dangerous criminals to roam freely and commit more crimes during the ongoing COVID-19 pandemic.”

“Protecting Texans is one of my highest priorities. It is vital that we maintain the integrity of our criminal justice system and continue to enforce state law during this pandemic,” Paxton said. “My office will not stand for any action that threatens the health and safety of law-abiding citizens.”

Hours earlier a federal judge convened an emergency hearing to address plans that plaintiffs in a federal civil rights case had hammered out over the weekend with lawyers for the sheriff and the county judge to release inmates accused of some nonviolent offense.

An official from Paxton’s office appeared telephonically at that hearing and said the AG planned to appeal an order by the federal judge to the 5th U.S. Circuit if it called for any blanket releases.

The judge set a hearing for Tuesday to address a possible appeal.

There wasn’t anything in the previous story about people accused or convicted of violent crimes, hence my confusion. I assume there are still plenty of people in the Harris County jail for misdemeanor charges, so it’s not at all clear to me what the extent of the dispute is. Maybe later versions of the story will make that more clear.

UPDATE: There’s now a more detailed version of the Chron story and also a Trib story, but this post is too long already. I’ll be back with more tomorrow.

Reducing the coronavirus risk in jail

This is an obvious step to take.

Sheriff Ed Gonzalez

More than 8,500 people are housed inside the Harris County jail, and thousands more move through the building and return to their communities each day to keep the criminal justice juggernaut running.

Sheriff Ed Gonzalez likens the situation to three massive ships docked in downtown Houston. An outbreak of COVID-19 in this setting could be catastrophic to the region and overwhelm hospitals’ limited capacity to treat patients.

That’s why the sheriff overseeing the third largest jail system in the country is pushing for “bold action” to avert the potential fallout — he is seeking compassionate releases of hundreds of vulnerable people who pose a low risk to public safety. For that to happen, judges would need to sign off.

“Jails and prisons are fertile ground for the spread of infectious disease,” Gonzales said, noting that his staff has done “yeoman’s work to keep an outbreak at bay,” addressing hygiene and health concerns. “My nightmare scenario is that an outbreak happens at the county jail.”

But he said, “The standards we implement in the general community are either impossible to follow or hard to do in a jail setting. Our criminal justice system must become more aggressive in granting compassionate releases.”

And time is of the essence, he said.

Harris County Judge Lina Hidalgo is on board and considers taking steps to mitigate an outbreak at the jail “a very high priority,” noting “this could spread like wildfire at the jail.” County officials and judges are discussing the matter and consulting the fine print of statutes that govern such measures to try to assess how to make it happen.

Hidalgo also said she’s looking at ways to limit the population at the county’s juvenile lockup.

“Were trying to do as much as is feasible and can be done in a safe way to have these people not packed in so close together,” she said.

Alex Bunin, the chief public defender for the county, said the situation is dire: “If you are in jail and … and facing charges for a nonviolent crime, that shouldn’t be a death sentence because you’re going to get cornonavirus.”

He said county leaders can give the sheriff the authority to release people on misdemeanors. Felony decisions, under normal circumstances, must come from the judges.

There are easy ways to prioritize who might be released – older inmates, pregnant women, immuno-compromised inmates, and the like. Bear in mind that if the jail becomes a hot spot for coronavirus, then everyone who works at the jail, everyone who provides goods and services to the jail, and everyone they come into contact with including their families, are put at risk. Are we serious about trying to contain this pandemic, or is all that just lip service? The question answers itself if you let it.

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.

The interviews I didn’t do

As was the case with the 2019 Houston elections, there were too many candidates and too many races (and in this case, too little time as well) to do a full slate of interviews. I did what I could, and did a pretty good job of covering the races of interest in Harris County if I do say so myself, but if there had been more time I’d have done more. In some cases, I can point to previous interviews or other resources, so let’s have a review, and look ahead to what might be on tap for the runoffs.

US Senate: I’d have loved to interview some of these candidates, but it was unlikely I’d be able to get time on their calendars, especially after the filing deadline. The Texas Signal has done some Senate candidate forums, and you can see links to Facebook videos from one they did in Houston here. The Texas Trib also did a series of interviews with the five leading candidates, and they can be seen here, as well as a Q&A series here.

CD02: I interviewed Elisa Cardnell and Travis Olsen very early in the cycle, before the filing deadline and thus before Sima Ladjevardian entered the race. I’ve tried but have not succeeded at setting up a time to talk with her, and if there’s a runoff that she’s in that will be a top priority for me.

CD08: This is obviously not a district that anyone expects to be competitive, but I regret not having the time to speak to Laura Jones and Elizabeth Hernandez. They both look like super candidates, and it’s important to support efforts to build Democratic infrastructure in places like Montgomery County. That race is on my list for November.

CD09: Rep. Al Green is the one Democrat in Congress from the area that I’ve never had the chance to interview. Tried to chase him down once a few years ago but couldn’t make it happen. I don’t see this as a competitive race and there’s no need to do a November interview, but one of these days I’d like to talk with him, just to have done it.

CD10: I interviewed Mike Siegel for the 2018 runoff. This race is on my list for the May runoff, if there is one.

CD18: I interviewed Rep. Sheila Jackson Lee back in 2010. I would enjoy talking with her again, but I did not have it in me to do seven (!) interviews for this race. In the unlikely event of a runoff, I’ll definitely revisit this race.

CD22: I interviewed Sri Kulkarni for the 2018 runoff. My original thought was that if this goes to a runoff I’ll be there for it, but after the recent bizarre allegations between the two candidates who might make it into a runoff besides Sri Kulkarni, I’m not sure what I’ll do.

SD11: I interviewed Susan Criss when she ran for HD23 in 2014. I may or may not do this race for November, we’ll see.

SD13: I’ve interviewed Sen. Borris Miles twice, most recently in 2012, when he was running for re-election in HD146. Let’s just say I’d have to ask him some very different questions now, and leave it at that.

HD126: As it happens, I interviewed both candidates in 2018 – Natali Hurtado, and Undrai Fizer. I’ll probably do this one for November, we’ll see.

HD142: I have never interviewed Rep. Harold Dutton, I don’t think I’ve ever met him. I have interviewed Jerry Davis a couple of times, most recently in 2013. I will definitely want to do interviews in this race if there’s a runoff.

HD146: I have not interviewed Rep. Shawn Thierry, but I did run a judicial Q&A from her in 2010. I interviewed Ashton Woods for City Council last year.

HD147: I have interviewed Rep. Garnet Coleman multiple times, most recently in 2012. He’s always been a favorite person to talk to. In the unlikely event of a runoff, I’ll definitely revisit this race.

HD148: Had it not been for the special election in November, I’d have been all over this race. That said, thanks to the special election I’ve already done interviews with Rep.-elect Anna Eastman, Penny Shaw, and Adrian P. Garcia. I also interviewed Cynthia Reyes-Revilla for City Council. I might possibly revisit this in a runoff, but because I’ve done these interviews so recently it’s not clear to me I’d have anything new to ask these folks. We’ll see.

Sheriff: I’ve interviewed Sheriff Ed Gonzalez multiple times, including in 2016 when he first ran for Sheriff. I also interviewed Jerome Moore after he made it to the runoff with Gonzalez in 2016. I didn’t see this race as a particularly serious challenge to Gonzalez, so I put a higher priority on the DA and County Attorney races. If it turns out I was wrong and this one winds up in a runoff, I will of course revisit it.

HCDE: I also regret not doing interviews in the two At Large HCDE races, but there just wasn’t the time, and unlike with legislative offices there’s just so many questions about this position I can reasonably ask. I’ll probably do Position 7 if that race goes to a runoff, but we’ll see.

Yeah, I’ve done a lot of interviews over the years. Always room for more, though not always the time. I’ll be back to the task in March, and again later this year. Hope you find this useful.

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.

Endorsement watch: Ed again

This is an easy call.

Sheriff Ed Gonzalez

[Sheriff Ed] Gonzalez, 50, a soft-spoken Houston native, former councilman and 18-year veteran of the Houston Police Department, ran as a reformer and he hasn’t disappointed in his first term. From taking a bold stance in support of bail reform to minimizing the use of solitary confinement to expanding vocational programs to women in the jail, changes big and small have prioritized public safety as well as fairness and the dignity of inmates.

To address the opioid crisis, Gonzalez made the Harris County jail the first in Texas to offer Vivitrol, a drug that helps curb cravings and prevent relapses. In October, the jail began equipping departing inmates grant-funded supplies of the drug naloxone, which can save lives by reversing overdoses.

Certainly, bringing a jail of 8,500 inmates that was under two consent decrees when he took office into full compliance with state standards was no easy task. The sheriff has struggled at times to address vexing problems such as jail suicides, of which there were five in a span of two years. With new protocols in place, however, there have been none in the last year, a trend we hope continues.

[…]

Gonzalez’s track record and his drive to continue reform have earned our recommendation for sheriff in the Democratic primary.

They mention the recent cite and release policy as another reform effort Gonzalez has initiated. I think Sheriff Gonzalez has had a pretty darned solid first term, and he did not draw serious opposition. Like I said, this is an easy call.

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.

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 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.

Harris County’s gun surrender program

Just common sense.

Judge Lina Hidalgo

Harris County officials on Tuesday announced four measures aimed at curbing gun violence, which County Judge Lina Hidalgo said are necessary because the state and federal governments have missed opportunities to prevent shootings.

Hidalgo secured unanimous approval from Commissioners Court to expand a gun surrender program to all 22 of the county’s felony courts.

Additionally, county officials unveiled a streamlined system of reporting criminal convictions to the Texas Department of Public Safety, a new health department task force focused on violence prevention and a free gun lock program.

“We know the vast majority of Americans want common-sense gun reforms, and it’s an issue where we’re not just going to roll over,” Hidalgo said. “We’ve spent the last few months scouring what we can do within the framework that exists.”

[…]

The surrender program, which debuted in the 280th family court in December 2018, requires defendants charged with domestic violence offenses to give up their weapons to the Harris County Sheriff’s Office until their legal cases are resolved. To date, deputies have seized 25 guns under 10 protective orders.

Speeding up the reporting of convictions is one of the gun violence mitigation ideas Greg Abbott had in the wake of the El Paso murders. The surrender program for domestic violence offenders is just a recognition of the correlation between gun violence and domestic violence. Anyone who opposes these simple, broadly-supported, sensible solutions – a group that apparently includes one of the Republican candidates in HD148 – has no interest in reducing gun violence. Anyone who doesn’t support these proposals is part of the problem.

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.

July 2019 campaign finance reports: Harris County

Before we get to the numbers, please read this.

El Franco Lee

The widow of former Harris County Precinct 1 Commissioner El Franco Lee has emptied most of her late husband’s $3.8 million campaign account by donating to community groups and charities.

Ethel Kaye Lee, the campaign treasurer, said Thursday she chose the recipients based on the intentions of her husband’s donors.

“The campaign monies were given for two reasons, for support of existing Precinct 1 programs and keeping him elected, so that’s the formula,” she said.

The account donated $3.01 million to 12 groups, including $500,000 to the Precinct 1 Aquatics Program, $200,000 to the St. Paul Scholarship Foundation and $150,000 to the Julia C. Hester House in Houston’s Fifth Ward, according to the campaign’s July finance report. The report covers the period from Jan. 1 to June 30.

The largest expenditure was $1.5 million to the Precinct 1 Street Olympics, a program Lee founded in 1986. The summer event serves thousands of children annually and includes swim lessons, a basketball tournament and career fair. It also supports the North East Adolescent Program, created by Lee in 1989, which seeks to lower rates of teen pregnancy, birth defects and sexually transmitted diseases in poor Houston neighborhoods.

[…]

The Lee campaign also donated to $200,000 to the Baylor College of Medicine’s teen health clinic and $50,000 to St. Jude Children’s Research Hospital. Two Catholic groups, the Dominican Sisters of Houston and Dominican Friars, Province of St. Martin De Porres, received $50,000 each.

According to the finance report, the campaign had $791,140 remaining on hand as of June 30, which Ethel Kaye Lee has been allocated. Under state law, the campaign has until 2022 to close the account.

See here for the last update, from April. I had noticed all of the activity when I looked at Lee’s report. I’m glad to see this money going to good uses.

Now, on with the show…

Lina Hidalgo, County Judge
Diane Trautman, County Clerk
Dylan Osborne, County Treasurer
Marilyn Burgess, District Clerk

Kim Ogg, District Attorney
Ed Gonzalez, Sheriff
Vince Ryan, County Attorney
Ann Harris Bennett, Tax Assessor

Lloyd Oliver, District Attorney
Audia Jones, District Attorney
Curtis Todd Overstreet, District Attorney

Harry Zamora, Sheriff
Joe Danna, Sheriff

Ben Rose, County Attorney
Christian Menefee, County Attorney

Rodney Ellis, Precinct 1
Adrian Garcia, Precinct 2
Steve Radack, Precinct 3
Jack Cagle PAC, Precinct 4

El Franco Lee
Diana Alexander, Precinct 3

George Moore, HCDE Position 1, Precinct 2
Eric Dick, HCDE Position 2, Precinct 4
Richard Cantu, HCDE Position 3, At Large
Josh Flynn, HCDE Position 4, Precinct 3
Michael Wolfe, HCDE Position 5, At Large
Danny Norris, HCDE Position 6, Precinct 1
Don Sumners, HCDE Position 7, At Large

Andrea Duhon, HCDE Position 5, At Large
David Brown, HCDE Position 7, At Large


Candidate     Raised     Spent     Loan     On Hand
===================================================
Hidalgo      318,967   162,328    1,400     192,572
Trautman      11,325     5,778        0      22,450
Osborne        1,000       155        0       1,201
Burgess        9,626     9,681        0       7,263

Ogg          135,860    22,773   68,489     330,425
Gonzalez     178,024    14,344        0     276,714
Ryan          41,925    15,417        0      85,318
Bennett       21,925    19,205        0      37,313

Oliver
Jones         23,669    11,234        0       9,967
Overstreet
Zamora             0     3,026        0           0
Danna        111,268    66,442    3,500      38,338
Rose          22,345     2,257        0      11,605
Menefee       34,869       326        0      34,542

Ellis        715,266   240,145        0   3,823,509
Garcia       552,590   289,169        0     810,149
Radack         5,000    96,250        0   1,634,106
Cagle        398,900   240,512        0     361,787

Lee                0 3,095,767        0     791,139
Alexander      4,210       445        0       1,982

Moore
Dick               0         0        0           0
Cantu          1,250     1,132        0         337
Flynn
Wolfe              0         0        0           0
Norris
Sumners

Duhon            155       262        0         389
Brown            700       406        0         313

County Judge Lina Hidalgo isn’t taking money from vendors, but that hasn’t stopped her from doing well in the fundraising department. At this rate, she’ll be well funded for her first re-election campaign. On the other end of the spectrum…what’s up with Steve Radack? He knows he’s up for election next year, right? I mean, he does have plenty of money, so one low-activity reporting period is no big deal. It still looks weird.

More aware of their ballot status next year are DA Kim Ogg and Sheriff Ed Gonzalez, and both responded as you’d expect. I’ll get to their situations in a minute, but the person I’ve got my eye on at this time is County Attorney Vince Ryan. He’s never been a big fundraiser, but he brings in a few bucks. If there’s a cycle where he’s going to need them, it’s this one.

And that’s because Ryan now has two primary opponents, Ben Rose and Christian Menefee, and while he has a cash on hand lead, it’s hardly insurmountable. In this high-turnout environment that the 2020 primary will be, Ryan’s biggest advantage will be the name recognition he has after 12 years in office. With a half million people or so likely to vote, it will take a pile of money to reach enough of them to make an impression. In a more typical year, you could hit the club and CEC meetings and hope to interact with enough of the old reliables to have a shot. In 2020, you’re going to have to do much broader outreach. That takes money, and it’s not clear that kind of money exists in the County Attorney race. We’ll see.

And speaking of opponents, we have them in the DA and Sheriff races. If your reaction to seeing Lloyd Oliver’s name wasn’t basically this, I don’t know what to say to you. Audia Jones we know about; she doesn’t appear to have gotten much traction yet, but there’s still time. I can’t tell from the limited information I have seen about Curtis Todd Overstreet to discern whether he’s running as a D or an R. I’m sure that will be clear enough soon. I can say the same about Harry Zamora running for Sheriff, I can’t tell his party just yet. Joe Danna is a Republican who has run for Constable in Precinct 1 a couple of times. His amount raised is not as impressive as it looks – about half of the total is in-kind donations for a fundraiser, and nearly half of the actual cash he got was a single $25K donation from Janice McNair.

Beyond that, not much we didn’t already know. I’m sure there will be a lot more raised in Commissioners Court Precinct 3, and for sure there will be more candidates. At some point I need to take a closer look at the Constable and JP races, because those are another good source of Dem takeover opportunities. For now, this is where we are.

The local response (so far) to the ICE raids

This is good.

Houston’s top elected and law-enforcement officials sharply criticized federal authorities’ plans to arrest large numbers of immigrant families living without legal permission in major U.S. cities, contending that the raids targeting groups of recent arrivals would harm public safety and risk separating children from their parents.

Mayor Sylvester Turner and Police Chief Art Acevedo took to nationally broadcast programs to weigh in against the raids, which are set to begin as early as Sunday in at least 10 cities, including Houston. Officials from Immigration and Customs Enforcement appear likely to target immigrants who recently crossed the border and have been issued a final order of deportation.

“It’s one thing if the focus of these raids is on people with criminal records, people who have committed violent crimes, people who are part of gangs,” Turner said earlier this week on NPR’s All Things Considered.

The raids should not aim to deport people “who have been here for quite some time,” Turner continued, if “their crime is only coming here to seek a better way of living or to provide a better opportunity for their families.”

[…]

Harris County Sheriff Ed Gonzalez said his office would not participate in the raids, arguing that local involvement would “drive undocumented families further into the shadows” and damage community safety.

“It silences witnesses & victims & (would) further worsen the challenges law enforcement officials face,” Gonzalez, a Democrat, said in a tweet.

Harris County Judge Lina Hidalgo issued a statement containing information about the legal rights that people retain when interacting with ICE agents, such as their right to not answer the door if the agents do not present a warrant.

“These raids seek to subvert our sense of community by putting the very heart of Harris County, our diversity, in the cross-hairs of a shameful political maneuver,” said Hidalgo, a Democrat elected last year.

Turner issued a fresh statement Saturday saying the city would continue to offer services to all residents “regardless of who they are, where they are from, or their documentation status.” ICE had yet to contact the city about the raids, the mayor added.

“The president’s order for concentrated ICE raids against immigrant families in Houston and elsewhere stands against everything we represent as a welcoming city,” Turner said.

This is also good.

U.S. Rep. Sheila Jackson Lee met with faith leaders in Houston on Saturday to invite undocumented immigrants to seek refuge in churches, mosques and synagogues and call on religious organizations to open their doors ahead of Sunday’s anticipated deportation roundup by Immigration and Customs Enforcement officers.

“It is to my dismay that I have to come home to find many of those who live in my jurisdiction, my constituency, are panicked, frightened and in fear of their lives,” said Jackson Lee, a Houston Democrat. “I say to the federal authorities: that you are well aware and on notice that you are not able to come into a church and demand anyone that is a representative of the faith to give anyone to anyone.”

Jackson Lee gathered with faith and local leaders Saturday afternoon at the Living Water International Apolistic Ministries in Houston. The ministry, along with half a dozen other churches, announced it would shelter undocumented immigrants on Sunday who fear they are in danger of being taken by ICE.

“We want to be a beacon of light for those who may be in fear. So when I got the call, I couldn’t do anything but accept,” said Apostle Robert Stearns, leader of Living Water. “There is nothing strange to us in doing this. This is our heart and our passion.”

It’s a good start. Now we need to be ready for whatever the response to this is.

Joint processing center opens

This was a long time coming, but it should be worth the wait.

More than a decade after city voters approved a bond measure to fund it, Houston and Harris County opened a joint inmate processing center Thursday that officials say will eliminate the redundant practice of booking inmates at the city jail before transferring them to the county lockup.

The downtown center, replete with a digital processing system, open booking areas and dormitory-style units, was designed to be more efficient and to square with the city and county’s evolving attitude on criminal justice, officials said.

“This streamlined, expedited booking process is a true game-changer for Harris County law enforcement families,” Sheriff Ed Gonzalez told a roomful of elected officials and law enforcement officers at the new facility Thursday. “Every minute an officer spends escorting a prisoner through the intake process is another minute that they’re off the street keeping our neighborhood safe.”

For years, Houston police have booked suspects at one of two city jails, before transferring them to the Harris County Jail and booking them again. Eliminating the excess work is anticipated to free up about 100 police officers assigned to jail duty.

The city is set to cover 30 percent of the facility’s annual operating costs, amounting to about $14.5 million, said Andy Icken, Houston’s chief development officer.

[…]

The facility’s new digital booking system means officers will be freed from much of the paperwork that typically bogs them down. Officers also no longer will have to escort suspects across public streets, Gonzalez said, because they will be able to park in a sallyport attached to the building. He estimated officers would be in and out of the center within 20 minutes.

The facility, located across from the Baker Street Jail on San Jacinto Street, covers 246,000 square feet and will begin processing detainees Saturday.

See here for the previous update, which was in 2015 when ground was broken following the successful 2013 bond referendum. A 2007 county referendum that would have built more jail space had been voted down, and boy howdy does that look like a good decision in retrospect. This will get people processed through faster, and will cost less to operate. I just hope it won’t be prone to flooding. Kudos all around for finally getting this done.

More road safety, please

Seems like a good idea.

Sheriff Ed Gonzalez

Harris County Sheriff Ed Gonzalez [last] Tuesday called on local law enforcement agencies to devote more resources to improving road safety and to create a new region-wide task force dedicated to reducing the Houston area’s alarming number of road fatalities.

Gonzalez said past efforts have been too isolated, allowing problems to go unchecked despite individual efforts from local departments. The proposed task force would meet monthly.

“Everybody is doing something, but we lacked a coordinated effort to tackle this in a sustainable way,” Gonzalez said at a summit on road safety that brought together law enforcement officials, engineers, medical professionals and other traffic-safety advocates.

The formation of the task force follows a 2018 Houston Chronicle investigation, “Out of Control,” which found that the Houston region has the nation’s most dangerous roads. Harris County leads the nation in impaired driving, and the region has more than 600 fatal crashes a year, the Chronicle found.

Gonzalez asked local departments to try to assign three employees to targeted traffic-enforcement initiatives every month for a year — focusing on areas with a high frequency of speeding or crashes; issuing more warnings to motorists driving dangerously; and trying to deter impaired driving.

The impact of those efforts would be re-evaluated after a year, Gonzalez said.

“This is just kind of a starting point, to get stakeholders in the room,” Gonzalez said, noting after the meeting that similar collaborations usually only occur on high-traffic weekends. “We want to make sure we’re visible, and not just performing spot enforcement — and make it more sustainable.”

See here for some background. We really need to think of road safety as a public health issue. If you live in Houston for any length of time, you’ve either been involved in a serious collision or you know someone who has. We can only do so much about traffic, but we can definitely do more about the insane levels of speeding on the highways, and I say that as someone who usually takes highway speed limit signs as suggestions. Let’s check back in a year and see how this effort has gone.

Bail lawsuit 2.0

This one will be tougher to tackle, but the principle remains the same.

A hard-fought battle to reform Harris County’s bail system has prompted a second civil rights action.

The legal team that successfully challenged the county’s bail practices for low level offenses on the grounds they unfairly detained indigents, filed a new federal class action suit this week tackling money bail for felonies, which results in thousands of poor defendants being locked up before trial or entering guilty pleas to avoid lengthy incarceration.

This new lawsuit, which hit the docket during the Martin Luther King Jr. Day holiday, claims the county is holding people unjustly, simply because they cannot afford to pay a cash bail. Currently, people arrested who can post a cash bond or hire a commercial bonding company can simply resume their lives as their cases proceed through the criminal docket.

The lawyers argue that pretrial release should not be contingent on how much money a person has. Its one of a number of lawsuits around the country, including one before a district judge in Galveston, attempting to topple bail systems that treat people differently based on their income.

“This mass detention caused by arrestees’ inability to access money has devastating consequences for arrested individuals, for their families, and for the community,” the lawsuit argues. “Pretrial detention of presumptively innocent individuals causes them to lose their jobs and shelter, interrupts vital medication cycles, worsens mental health conditions, makes people working to remain sober more likely to relapse, and separates parents and children.”

[…]

The lawsuit noted there are human costs to keeping people in jail. Since 2009, the complaint stated, 125 people have died while awaiting trial in the county lockup, including a woman who committed suicide this month after she could not pay her original bail of $3,000.

“Now is the time for a new vision and a new era of collaboration and innovation,” the lawyers said in a joint statement to the Houston Chronicle. “We are confident that with the leadership of the county judge, the sheriff, the district attorney, the public defender, and the felony judges, all of whom have expressed their commitment to bail reform, we will be able to resolve this case without wasting millions of dollars of taxpayer money as happened in the prior case.”

Most of the key stakeholders struck a similar note in responding to the new lawsuit.

Tom Berg, first assistant to District Attorney Kim Ogg,said the office is glad to work with the parties toward “a fair, just and speedy resolution” and at the same time “responsibly conserve the county’s resources so that they go for the staffing needed for bail reform implementation and not litigation costs.”

County Judge Lina Hidalgo said the county aims to support public safety, fairness and a cost-effective, fiscally responsible system. She acknowledged that there’s a long way to go.

“We’ve got a system that in a way fails on all three fronts,” she said Tuesday. Hidalgo said the crop of newly elected officials seem dedicated to enacting these types of change.

The sheriff also mentioned safety concerns, saying felony bail improvements require careful examination. However, he lauded the idea of reforming what he has referred to as a “broken system.”

“I support all efforts to improve our criminal justice system that strike a smart balance between our duty to ensure public safety and upholding our American ideal that everyone is presumed innocent until proven guilty in court,” Gonzalez said. “I support equipping judges with the data they need to accurately measure each defendant’s unique risk of failing to appear in court and committing additional crimes before they stand trial.”

Of the three plaintiffs in this lawsuit, two were busted for drug possession and the other for DUI. There’s still a lot of non-violent inmates in the jail awaiting disposition of their case because they couldn’t scrape up a bond payment. As with misdemeanants, the ability to write a check to a bail bond agency has no correlation with whether you will show up for your court date or if you are likely to commit further crimes while out. Again, Robert Durst was out on bail. It makes sense to separate the genuine risks from the harmless shlubs. Will such a system be perfect? No, of course not. Some people who get out on a personal recognizance bond are going to turn out to have been bad risks. But again – I can’t say this often enough – people do that right now, under the current system. We just accept it as the way things are. Well, the way things are is capricious, unjust, and almost certainly unconstitutional, as the system for misdemeanors was as well. We’ll never have a better chance to design a better system. Let’s get to it.

We really are about to do away with the old cash bail system

I have four things to say about this.

The new slate of Democratic judges has approved a drastic revision to Harris County’s bail system that could serve as a model for a settlement in the historic lawsuit in which a federal judge found the county’s judicial rulings unjustly relegated poor people arrested on minor offenses to jail because they couldn’t afford costly bonds.

The 15 new court-at-law judges and new presiding Democrat who was not up for election voted Wednesday on the new bail protocol that will affect thousands. They have spent weeks hammering out a plan with the sheriff, the district attorney and county leadership and will ask the federal court this week to implement it as a foundation for a settlement.

County Court at Law Judge Darrell Jordan, the presiding judge, estimates that 85 percent of people arrested on misdemeanors will now qualify to be released after arrest on no-cash bonds, with a few exceptions for people who must await a hearing – for up to 48 hours – for bond violations, repeat drunken driving offenses and domestic violence charges. At that point, they may also qualify for personal recognizance bonds.

“What it means is that no one will be in jail because they cannot afford to get out,” Jordan said. “The only people who will be detained and have to speak to a judge are a very small subset who will be processed through the Harris County Jail and those carve outs are aligned with best practices from around the country.”

The change was widely celebrated.

“It’s a big day for Harris County,” said attorney Allan Van Fleet, who represents the judges in the federal lawsuit. “It will make Harris County safer and more equal and provide more efficient processing of people accused of misdemeanors.”

1. Elections have consequences. I almost can’t believe this is actually about to happen.

2. Just a reminder, many of the people now in the jail are there awaiting trial. They have not been convicted of anything. Many others like them in the past never were convicted of anything, and many more pled guilty to something so they could get out. This will ensure there are far, far fewer people like them in the future.

3. The question of who was in jail awaiting trial and who was not was always largely about financial wherewithal, not about risk and danger to society. Remember, Robert Durst was granted bail.

4. One hopes that having far fewer inmates, many of whom don’t need to be there, will allow us to do a better job of ensuring the safety of those inmates, and enabling the jail to meet state standards. No more inmate suicides, please. We really need to do better than that.

You know, there is a cheaper way to do this

Why are we still outsourcing inmates?

County commissioners next week will consider a proposal to outsource inmates to the Fort Bend County Jail, which would allow Harris County Sheriff Ed Gonzalez to slow — but not stop — the flow of inmates to a private prison in Louisiana.

The deal would bring as many as several hundred inmates closer to their families and attorneys, but would cost Harris County more than twice as much as shipping prisoners to Jackson Parish, La. It would also fail to address the root causes of overcrowding at the Harris County Jail, one of the nation’s largest, and prolong an elaborate game of musical chairs as the sheriff searches for jails to take his inmates.

Harris County’s 10,162 inmates are already spread across five facilities in Texas and Louisiana. It currently outsources 724 inmates, more than twice as many as any other Texas county.

[…]

“If there’s a desire to bring inmates closer to Harris County, this is the best deal we’ve been able to find so far,” said Harris County Sheriff’s Office spokesman Jason Spencer. “It doesn’t fully address the outsourcing issue, but it chips away at it.”

Harris County pays $29.33 per inmate, per day at Jackson Parish Correctional Center, with transport included. Fort Bend’s per diem is $55.00, and Harris County would also have to pay for transport. Spencer said the additional costs would push the county’s total monthly inmate outsourcing bill to around $1 million.

The jail had stopped farming out inmates in 2017 but a backlog in the courts following Harvey led to a surplus of people in the jail, and so here we are today. The monthly cost of doing so now is more than $500K, which will go up to about $1 million with the more expensive Fort Bend option. That may not be a choice as defense attorneys in Harris County have asked the Court of Criminal Appeals to bar sending inmates out of state. I know you know but I’m going to say anyway that if we had fewer inmates in the jail – and remember, the lion’s share of these inmates have not been convicted of any crime – we wouldn’t need to spend this money. It’s a choice we’re making, one we’ve been making for way too many years. At least we get to make another choice this November.

If I had a boat…

I wouldn’t have used it to go Harvey-watching. Where does he get this crap?

President Donald Trump praised the Coast Guard for its heroics during Hurricane Harvey Wednesday, but credited the high number of water rescues to people taking their boats out to watch the storm roll in, baffling first responders.

Trump was on a conference call with state and federal leaders in preparation for another dreadful hurricane season. During the call, Trump thanked the Coast Guard for their service in helping save 16,000 people after Harvey, Hurricane Maria and other storms. The Coast Guard doesn’t “get enough credit,” Trump said.

“Sixteen thousand people, many of them in Texas, for whatever reason that is. People went out in their boats to watch the hurricane,” Trump said. “That didn’t work out too well.”

Harris County Sheriff Ed Gonzalez took umbrage with the president’s remarks, crediting civilians with making an “extraordinary effort” with their own boats to rescue neighbors, relatives and pets as Hurricane Harvey flooded the Texas coast with 52 inches of rain last year.

“I didn’t see anyone taking the approach that would reflect his comments,” Gonzalez said. “I’ll be sure to invite the president to ride out the next hurricane in a jon boat in Galveston Bay the next time one approaches,” he added.

No one could explain the president’s comment.

When asked by the Houston Chronicle to confirm if Texans were out on boats gawking at the storm, Texas Gov. Greg Abbott said he had “no information one way or another about that.”

Coast Guard Petty Officer Edward Wargo said: “I don’t know how we would go about confirming that,” when asked for evidence.

“I don’t even know how to respond to that,” said Marty Lancton, president of the Houston Professional Fire Fighters Association.

In another reality, I’d just assume Donald Trump is stoned. In this world, there’s no point in trying to explain anything he says or does. He lies and he makes shit up, and that’s all there is to it. The Associated Press has more, but I can’t leave it like this. I need something to cleanse my palate.

There. Much better now.

Reducing solitary confinement

This is good.

Sheriff Ed Gonzalez

Almost five years after images surfaced of a mentally ill inmate wallowing in a cell full of human waste and bugs, the Harris County jail has cut in half its use of solitary confinement.

The decrease is due in part to a decision to stop putting rule-breakers in solitary, officials say, and in part to the creation of two rehabilitative mental health units that provide a path out of isolation.

“It’s a step in the right direction,” said Anthony Graves, a death row exoneree who has spoken out against the use of solitary confinement since his release. “It says that people are now getting serious about criminal justice reform.”

In the fall of 2014, the jail had 240 inmates isolated in so-called administrative separation. By March of this year, that number had plummeted to 122, or just over 1 percent of the jail’s population, according to data from the office of Sheriff Ed Gonzalez.

[…]

“There’s a nationwide trend where correctional facilities are moving away from the use of administrative separation and in keeping with best practices and current practices, and also trying to do what’s best for the inmates themselves,” [Sheriff’s Office Major John] Martin said. “There are a lot of studies out there that suggest keeping them confined by themselves might not be best so gradually we started changing a lot of our practices. I think a difficult part is changing mindsets – just getting people to think differently.”

The following year, in an effort to shift mentally ill inmates out of isolation, the jail launched the first of two pilot programs. The 2015 initiative, now known as the Social Learning Program and housed in the 2L unit at the 1200 Baker complex, holds just under two dozen inmates who get 16 hours of out-of-cell time per day.

“They were in the hole — but now they’re not because of the program,” said Major Mike Lee, who oversees the jail’s mental health and diversion programs.

In the 2L unit, arrestees get programming and cognitive behavioral therapy-based groups twice a day. Groups focus on communication skills, medication management and anger management.

“It’s so they won’t resort to the same behaviors when they get out,” said Sean McElroy, the jail’s mental health program administrator through The Harris Center.

But part of the goal is also that, after some time spent in the program, the inmates can be transferred back to general population.

“It’s something we feel is in everybody’s best interest,” Martin said.

Michele Deitch, a criminal-justice expert and senior lecturer at the LBJ School of Public Affairs at the University of Austin, concurred, adding that mentally ill inmates are often at a higher risk for landing in solitary.

“It’s well-established that solitary confinement is detrimental to the health of people, especially people with mental illness,” she said. “People with mental illness are far more vulnerable than other populations in the jail. They are more likely to be exploited by other inmates, they’re less likely to be able to follow directions, they are more likely to deteriorate under the conditions of confinement in the jail and, because of their frequent inability to conform their behavior to the rules, they are disproportionately likely to end up in solitary.”

This is what I want to see. This change in policy is more humane, will lead to better outcomes, and will ultimately cost the county less money. And it’s just heartening to see the Sheriff’s office staying on top of staying on top of the research and following the best practices. We deserve and should expect nothing less.

Project Orange

This is a good thing.

Still the only voter ID anyone should need

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

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

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

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

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

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

Still a few bugs in the system

A continuing story.

While Harris County officials are complaining that a federal judge’s bail order threatens public safety, the county has failed to provide more than 100 low-level defendants with pretrial services aimed at ensuring they make their court dates.

The latest revelations come amid criticism from District Attorney Kim Ogg, who accused county officials of trying to deliberately undermine the success of defendants released on personal bonds to bolster the county’s argument.

“Clearly the hope is that the reformed bail process fails,” Ogg said in a June 30 email obtained by the Chronicle. “This is necessarily a violation of their ethical duty and certainly not in the best interest of ordinary Harris County citizens.”

Ogg’s email did not identify which officials she believed might be responsible, and her office referred a request for additional comment to a court filing in which she supported changes to the county’s cash-bail system for misdemeanor offenses.

[…]

By missing court, the defendants also miss out on the assistance provided by the county’s Pre-Trial Services Division, such as text reminders about upcoming court dates that other defendants get seven days in advance and again on the day of the hearing.

Kelvin Banks, director of pretrial services, said a vendor, Voice4Net, manages the text messages for the county. He said his office is working with the vendor to set up reminders for those who are released by the sheriff, and is moving forward with plans for an additional staff member and training at the jail.

He said Monday he was reviewing resumes.

“We want to make sure we’re doing everything we can do to give defendants the best opportunity to be succesful on pretrial release,” Banks said.

Another vendor, called Uptrust, met with county officials on June 28, two days before Ogg sent her email, proposing a two-way messaging system that allows defendants to respond and provides information on childcare options and transportation.

It’s a little hard to say what is going on here, based on this story. There’s a lot of he-said/she-said in there. My basic premise all along is that the county has very little credibility on this issue, so I generally discount the complaints from Commissioners and judges about how hard this all is and how they’re Doing Their Very Best and Just Need A Little More Time and so on and so forth. Every action by the county – specifically, by those who continue to fight to support the status quo – is one of foot-dragging and reluctance to make changes, even small ones. I’ve yet to see a show of good faith. If we ever get to that point, then maybe I’ll take their complaints seriously. Until then, I say quit whining and do what the judge ordered you to do.