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September 30th, 2022:

Interview with Amy Hinojosa

Amy Hinojosa

We wrap up with my second Harris County Department of Education trustee interview. HCDE races are at the bottom of the ballot, the office and its trustees are usually not in the public limelight, and many people don’t know much about what the HCDE does. But it’s races like these that I consider part of my core mission with this blog, and I’m always happy to do interviews with HCDE candidates. Today we talk to Amy Hinojosa, who is serving as the trustee in Precinct 2. Hinojosa was appointed as the Precinct 2 trustee in December 2019, at the same time as Andrea Duhon, following the resignation of trustee George Moore. She is a project manager in technology development at Chevron and the founder of a community youth athletic program which allows students to explore their college futures by visiting local universities called Community Leaders Encouraging Academia Through Sports, Inc. or CLEATS. Here’s what we talked about:

PREVIOUSLY:

All interviews and Q&As through the primary runoffs
Michelle Palmer – SBOE6
Chuck Crews – HD128
Cam Campbell – HD132
Stephanie Morales – HD138
Robin Fulford – CD02
Laura Jones – CD08
Teneshia Hudspeth – Harris County Clerk
Andrea Duhon – HCDE Trustee, Precinct 4

As always, everything you could want to know about the Democratic candidates can be found at the Erik Manning spreadsheet.

CCA tells Paxton again that he’s not the supreme prosecutor

Good, but this isn’t over. It just means that the fight will have shifted.

Best mugshot ever

Texas Attorney General Ken Paxton’s last-ditch attempt to regain the power of his office to unilaterally prosecute election cases was rejected by the state’s highest criminal court Wednesday.

The Court of Criminal Appeals instead upheld its previous ruling that says that the attorney general must get permission from local county prosecutors to pursue cases on issues like voter fraud. Paxton had been fighting to overturn that ruling as the issue of prosecuting election fraud has become fraught in recent years. Paxton sought to overturn the results of the 2020 presidential election and has aggressively pursued individual cases of fraud, outraging some voting rights advocates who see the punishments as too harsh for people who made honest mistakes.

Last December, eight of the nine members on the all-GOP court struck down a law that previously allowed Paxton’s office to take on those cases without local consent. The court said the law violated the separation-of-powers clause in the Texas Constitution.

In the aftermath, Paxton, joined by Gov. Greg Abbott and Lt. Gov. Dan Patrick, led a political push to get the court to reconsider its decision, warning that it would allow cases of fraud to go unpunished. His office filed a motion asking the Court of Criminal Appeals to rehear the case, vacate its previous opinion and affirm an appellate court’s judgment, which was in his favor.

The court’s decision Wednesday came with no explanation, though one judge wrote a concurring opinion.

“I still agree with our original decision handed down in December, when we recognized that the specific powers given to the Attorney General by the Texas Constitution do not include the ability to initiate criminal proceedings—even in cases involving alleged violations of the Election Code,” Judge Scott Walker wrote.

Two judges dissented in the case.

See here and here for the background. It’s good that the CCA was able to withstand the political pressure to change their ruling to something that sated Paxton’s blood lust, but that pressure isn’t going to just dissipate on its own. The usual suspects are now agitating for the Legislature to step in and change the law. As far as I can tell, the CCA made its ruling not on statutory grounds but on Constitutional grounds (*), and as such it would take a Constitutional amendment to change this. Which is good news because the Lege won’t have a two-thirds Republican majority in both chambers, which would be needed for this to happen. But that doesn’t mean they won’t try it anyway, and if it comes back through the courts again on those grounds, who knows what could happen. You know what the solution to this is, I don’t have to tell you. The Chron has more.

(*) Noted in some of the coverage of this is that the same ruling means that Paxton couldn’t unilaterally decide to pursue prosecutions of any abortion “crimes” he likes, either. The Lege is sure to work on bills that would allow DAs from other counties to prosecute such charges in the event that the DA of the county in question chooses not to, so that may not make much difference. That same logic might also apply to whatever “vote fraud” charges these guys want to include, too.

Uvalde parents file lawsuit against multiple defendants

Keep an eye on this one.

The first major lawsuit has been filed over the mass shooting at Robb Elementary School in Uvalde by the families of three surviving students.

“The horrors of May 24, 2022, were only possible because so many in positions of power were negligent, careless, and reckless,” Stephanie B. Sherman, the lead attorney in the case, said in a statement.

Defendants in the federal lawsuit include the Uvalde Consolidated Independent School District, the city of Uvalde, former school district Police Chief Pedro “Pete” Arredondo, suspended Uvalde Police Lt. Mariano Pargas and then-Robb Principal Mandy Gutierrez.

The families also are suing Daniel Defense, the Georgia manufacturer of the assault-style rifle Salvador Ramos, 18, used in the massacre; gun accessory maker Firequest International Inc., over a mechanism that makes a semi-automatic rifle fire like an automatic; Uvalde gun shop Oasis Outback LLC, which transferred guns Ramos purchased online to the mass shooter; lock manufacturer Schneider Electric, over alleged problems with locks on Robb Elementary doors; and Motorola Solutions, over issues with a dispatch communications system that complicated the police response.

Another defendant: an unknown company, John Doe Company 1, that the lawsuit said the district contracted with to ensure security measures were in place and effective.

The 81-page lawsuit, filed in Del Rio, accuses most defendants of negligence, inaction or defective products or systems that enabled Ramos to buy the firearm, ammunition and gun accessories he used to kill 19 students and two teachers. He wounded 16 others.

[…]

“Due to the conduct of the school and police, and the deliberate choices of the gun makers and sellers to directly market their lethal weapons to young untrained civilians, the shooter bought and assembled a military grade assault weapon with 30-round magazines days after his 18th birthday…,” the lawsuit said.

The plaintiffs include Corina Camacho, the mother of G.M., a 10-year-old boy who was shot in the leg in classroom 112; Tanisha Rodriguez, the mother of G.R., a 9-year old girl who was playing with classmates on the playground when Ramos began firing; and Selena Sanchez and Omar Carbajal, the parents of D.J., an 8-year-old boy who saw the shooter firing as the boy headed from the gym to the nurse’s station.

Sherman and Monique Alarcon, Texas-based attorneys for the Baum Hedlund law firm of California, and attorney Shawn Brown of San Antonio allege a host of civil claims, including intentional infliction of emotional distress, product liability and violations of due process, among others.

The suit seeks undetermined compensatory damages against all defendants and punitive damages against all the defendants except the school district and the city.

There was a class action lawsuit announced in August that perhaps hasn’t been filed yet. The intended defendants are roughly the same, but I see in those earlier stories that there was no mention of who the plaintiffs were, and I believe that’s because the final paperwork hasn’t been filed yet. Of greatest interest to me is the inclusion of the gun manufacturer and sellers – there’s a legal example to follow, but I don’t know how effective it will be. Let’s just say that I wish these plaintiffs, and those who follow them, a lot of luck. The Trib has more.