Wilson’s status is still up in the air

The suspense is killing me.

Dave Wilson

Dave Wilson

The restraining order prohibiting newly elected Houston Community College trustee Dave Wilson from taking the oath of office until questions about his residency can be resolved will remain in effect for another two weeks, a judge ruled Monday, and the legality of a private swearing-in reported by the District 2 representative is still unclear.

Meanwhile, the HCC board is scheduled to convene and elect officers on Thursday.

Whether Wilson will be allowed on or restricted from the dais is undetermined. Whether trustees can proceed with the meeting or vote on items before the District 2 trustee-elect’s legal matters are resolved also is unknown.

[…]

After the filing, the trustee-elect submitted notarized documents to the Texas Secretary of State’s office and HCC showing that he already had been sworn in.

Reiterating what he said at a hearing last Friday, State District Court Judge Mike Engelhart said Monday that he wants to hear more information on several issues before ruling on whether Wilson can take office.

Keith Gross, Wilson’s attorney, said his client plans to appeal Monday’s ruling.

“It’s like granting an injunction against knocking a building down after the building has been knocked down,” he said in court.

Robert Soard, the county attorney’s first assistant, said the HCC board would be irreparably harmed if Wilson takes office and casts votes while the courts decide if he is eligible to serve.

It would be nice if Judge Engelhart could issue a ruling before Thursday’s meeting, but I can’t blame him for wanting to get all the information he can before making up his mind. At this point, I don’t think anything would surprise me.

There’s a lot of talk in the comments to the previous post about this officeholder or that not meeting residency requirements, with some rumbling about other complains being filed. Knock yourselves out, I say. What I want out of the Wilson case, more than anything else, is for there to be a standard that we can all more or less agree on as to what “residency” actually means. If Wilson is found to meet that standard, then I don’t see how anyone could fail to meet it. If he is found to be in violation, then at least we have a line that has been drawn, and we can see if anyone else falls outside it. First things first, though, and that’s to decide about Wilson.

Posted in Election 2013 | Tagged , , , , | 2 Comments

Endorsement watch: Davis for Alameel

This was unexpected, at least by me.

David Alameel

Texas Democrats may be working on drafting a 2014 dream team.

State Sen. Wendy Davis announced today that she’s backing David Alameel in his bid for the U.S. Senate nomination.

The wealthy Dallas dentist and investor is one of five Democrats vying in the March primary. The winner will face two-term Sen. John Cornyn, if he survives his own primary fight with Rep. Steve Stockman and a handful of others.

“Dr. Alameel is an astute and successful business leader who shares my commitment to creating good paying jobs, improving education for all our children and protecting the retirement our seniors have worked hard for and earned,” said Davis, D-Fort Worth. “I am pleased to endorse him for U.S. Senate.”

Davis gained national attention last summer after an 11-hour filibuster over an abortion bill. Since then, she has become a rallying point for Democrats hoping to put some blue back in Texas’ deep red Republican politics. She’s likely to face Attorney General Greg Abbott in November.

“I am honored to have the support and encouragement from my good friend, Senator Wendy Davis,” Alameel said in a statement. “Wendy knows I will work hard to make sure every Texan has a real voice in Washington and that I will bring fair and common sense leadership back to our nation’s capital.”

Alameel brings deep pockets to the race, with an estimated fortune of about $50 million. He flexed his financial muscle in a 2012 campaign for what is now Rep. Marc Veasey’s Fort Worth congressional district. He spend more than $4.5 million in the Democratic primary, ending up in fourth place with 10 percent of the vote.

Alameel would not be my first choice, in part because I know precious little about him. His webpage is new and as of this morning still hasn’t been indexed by Google – his old webpage is still the first result when you Google his name, and it doesn’t redirect to the new webpage – and his Facebook page was created January 6 and isn’t displayed when you enter “David Alameel” in Facebook’s search box. The main thing I learned when I did find these two pages is that Alameel has been endorsed by Wendy Davis.

I’m personally leaning towards Maxey Scherr, who I think has the highest upside and who has been the most active campaigner so far. Mike Fjetland is someone I’ve known for several years for whom I have a lot of respect. But Davis prefers Alameel, and while it’s easy to see a financial motive in that choice, I’ll take her at her word. Be all that as it may, let’s not forget that the real bottom line here is to ensure that LaRouchie wacko Kesha Rogers is not the nominee. We can argue all we want about which of the others is the best choice, but right now I care more about Rogers not being the nominee than I do about who is.

Posted in Election 2014 | Tagged , , , , , , , , , , , | 4 Comments

More from the Pratt files

This is just bizarre.

Judge Denise Pratt

Since being cleared last month by a grand jury for backdating records, a family court judge has quietly dismissed hundreds of cases, effectively nullifying a bevy of child support obligations and custody arrangements she previously made to protect children and families.

Lawyers say state District Court Judge Denise Pratt gave no prior notice of her intent to drop their cases from her 311th Court. Nearly 300 have been dismissed since Dec. 20, according to the Harris County District Clerk’s Office, including many that had been scheduled to go to trial soon.

All but 19 were dismissed on a single day, Dec. 30.

Judges are required under rules of civil procedure to schedule hearings and warn parties involved in pending litigation of their intent to dismiss cases, but lawyers said they learned their cases had been dropped after the fact by postcards mailed by the district clerk or by word of mouth from clients.

Among those dismissed were three cases from which Pratt had been recused earlier in December.

[…]

Several of the newly dismissed cases involve lawyers who had joined Enos in publicly criticizing Pratt. Enos’ firm had three cases dismissed, including one from which Pratt had been recused by a visiting judge and another from which she had voluntarily recused herself.

“It is a ridiculous, shocking, unconstitutional, unfair thing to do,” Enos said. “It’s going to have terrible consequences for children and families.”

Joan Jenkins, one of the 32 family lawyers who signed a letter last fall calling for Pratt to resign, said one client whose divorce was set to be finalized told her a week ago that his wife had found out their case had been dismissed. He said his wife showed up at the family home with a police officer and told him she was moving back in.

[…]

Family lawyer Rob Clark had five cases dropped, including one he said Pratt threatened to dismiss in open court on Dec. 30, giving no explanation. That case involves a mother who had been awarded temporary custody of her toddler daughter while seeking to collect child support from the father, who had moved to Florida. With a dismissed case, the father “could come from Florida to pick up the kid and there’s nothing she can do,” said Clark, who signed the letter calling for Pratt’s resignation. “It’s crazy.”

Pratt’s lawyer, Terry Yates, said the judge always has granted motions to reinstate in the past, and blamed any lack of notice on a new electronic filing system the District Clerk’s office is using, under a state Supreme Court mandate.

“She is finding out that some of those notices didn’t go out,” Yates said. “They’ve just got to file a motion to reinstate, if someone’s case was dismissed for want of prosecution, so it’s really no big deal.”

District clerk’s office spokesman Bill Murphy said the new system, eFileTexas.gov, “has nothing to do with the mailing of notices of upcoming dismissal hearings.” That responsibility, he said, falls on court coordinators, who are employed by the county but “handpicked by the judges for whom they work.”

State District Court Judge David Farr, the administrative judge for the family courts, said Pratt had no authority to dismiss cases from which she had been recused.

What the hell is going on in that courtroom? I know Judge Pratt just got no-billed by the grand jury on charges that she falsified dates on court documents, but clearly there are more things to be investigated here. Seriously, does any of this sound normal to you? Hair Balls, which had the story first, and Texpatriate have more.

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Interview with Kim Ogg

Kim Ogg

Kim Ogg

Let’s talk about the Harris County District Attorney’s race for a minute, shall we? We all remember what happened in 2012, when perennial candidate/yahoo Lloyd Oliver won the Democratic primary for DA because he had some name ID for having run for things before and because presumed candidate Zack Fertitta did not adequately connect with enough voters to overcome that. Oliver was exactly the candidate in the general election that we knew he would be, and as a result Mike Anderson won easily. The office of DA is on the ballot again this year due to the tragic and untimely death of Mike Anderson, and once again Democrats have a choice in their primary between a highly respected and well-qualified candidate, and Lloyd Oliver. That highly respected and well-qualified candidate is Kim Ogg. Ogg is a former prosecutor, she has been the head of Crime Stoppers and the city of Houston’s anti-gang task force, and she has a long history in politics as the daughter of former State Sen. Jack Ogg. She’s also been saying smart things since announcing her candidacy about reinstating the trace case policy and ensuring the DA isn’t needlessly contributing to jail overcrowding. We talked about those things and a lot more in the interview.

Please, please, let’s make sure we don’t suffer the same fate as in 2012. Tell everyone you know to make sure they vote for Kim Ogg in the primary. No knock on Devon Anderson, who is a well-qualified DA herself, but we deserve a real choice this November. Kim Ogg gives us that choice, Lloyd Oliver does not.

You can see all of my interviews as well as finance reports and other information on candidates on my 2014 Election page.

Posted in Election 2014 | Tagged , , , , , | 2 Comments

New accountability standards, more schools on the failing list

Not a good headline.

The number of officially faltering public schools in Texas almost doubled last year, in part because of higher accountability standards imposed by state education policy.

The Texas Education Agency released Thursday a list of 892 schools that fell short of minimum standards and which have been placed on the Public Education Grant list. Students at schools on the list are allowed to transfer to other schools if their parents wish, and the schools accepting them get additional funds to educate them.

Districts are required to notify parents of children who attend a school on the list that they can request a transfer, including transfers to another district. However, districts are not required to accept such transfer requests.

The Houston Independent School District had 53 schools on the list, nearly triple the number from last year when 18 schools were deemed struggling. District officials could not be reached for comment late Thursday.

[…]

For a school to be placed on the list, more than 50 percent of its students have failed to meet the minimum threshold on accountability tests in two of the last three years, or it has been rated “academically unacceptable” in 2011 or “improvement required” last year. (No accountability ratings were given in 2012.) Those are the lowest categories in the Texas Assessment of Knowledge and Skills and the State of Texas Assessments of Academic Readiness test that was implemented in 2013.

In 2012, the list included 456 schools. Schools can remain on the list for three years, meaning some whose students performed above the minimum performance threshold last year could still be on it.

DeEtta Culberson, a spokeswoman for the Texas Education Agency told the Associated Press that, “historically, when changes are made to the accountability system, the number of schools that are included in the list tends to rise.”

I suppose that’s to be expected, and I certainly hope the schools on that list can work their way off of it this year. You can see the list here. I don’t remember the names of the former North Forest ISD schools, so I don’t know how many of them are present. The schools I did notice included a couple in my neighborhood – Helms Elementary and Hogg Middle – both of which were also on the probation list for magnet schools; there were a few others on both lists as well. I presume this list came out too late in the day to get a reaction from anyone for publication, but I’m sure that HISD’s leadership will focus its attention on that list. As I said, I hope it’s substantially smaller next year.

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Sexual assault in the Harris County jail

This sounds very bad, but there are some questions about how the numbers were determined.

Sheriff Adrian Garcia

Harris County Sheriff Adrian Garcia, defending his staff against a federal study that found startling levels of sexual abuse at one of his jails, testified Wednesday that his sprawling corrections system was constantly working to better protect inmates.

Garcia was called to testify before the U.S. Department of Justice’s review panel on prison rape because one of the four buildings of the Harris County Jail was found in a DOJ-commissioned study to have one of the worst rates of sexual assault in the nation.

The study’s results, released in June, found the rate of sexual assault in the lockup at 1200 Baker St. was 7.6 percent, more than twice the national average, and the third-worst of 373 jails studied.

Garcia was sharply critical of the study in a written response to the panel, but he focused his testimony Wednesday on his department’s efforts to improve inmate protection.

He said, “I took exception to the results of your study. But … all such studies are opportunities” to evaluate and improve operations.

[…]

When panelist Gary Christensen asked Garcia to speak about his objections to the survey, the sheriff demurred, saying he’d rather discuss how he was working to improve the jail.

But in writing, he savaged the study, calling it “flawed and misleading.”

He said not enough inmates responded to meet the survey-takers’ own criteria, noting the response for 1200 Baker Street had to be “weighted” to provide “imagined feedback from non-respondents.”

He wrote that the Bureau of Justice Statistics admits it doesn’t know how to factor for false accusations by inmates in the anonymous survey, and pointed out that the survey’s rules do not permit follow-up investigations or substantiations.

The national average rate of inmate-on-inmate victimization is 1.6 percent. The average at 1200 Baker was found to be 6.2 percent. But the county’s other three facilities’ rates were 1 percent, 0.9 percent and 0.0 percent.

Garcia said bemusedly afterward, “We could be testifying at the next hearing” – which was on “low-incidence jail facilities.”

You can see the report here. I get that self-reporting by inmates about being assaulted may not be the most accurate method, but what other alternative methods are used for things like this? Sheriff Garcia is certainly correct that he has taken action on numerous fronts to deal with disciplinary issues with his staff. It’s also true that in recent years when the jail population was high and the number of guards was lower than it should have been due to budget constraints, there would have been less supervision of inmates, which might allow more assaults to happen. Things are better in that area now, but with the jail population being in large part determined by judges and the DA’s office, it’s always going to be a concern. I have only glanced at the report, and I have not seen the Sheriff’s written response to it – I’ve sent an email asking for a copy but have not yet received a response – so I don’t have much more to say at this point. Sheriff Garcia has done a lot to clean things up and improve discipline and inmate safety, but there will always be more to do. As he said, it’s an opportunity that I’m sure he will take. Grits has more.

UPDATE: Via email from Alan Bernstein, you can see Sheriff Garcia’s written testimony and written response here.

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Utah will not recognize same sex marriages

Not until they are forced to.

RedEquality

Utah Gov. Gary Herbertannounced Wednesday that the state will not recognize the 1,000-plus same-sex marriages performed in the state since Dec. 20, when a U.S. district judge ruled that the state’s ban on gay marriage violated gay and lesbian couples’ constitutional rights.

“The original laws governing marriage in Utah return to effect pending final resolution by the courts,” the governor’s office said in a memo issued to his Cabinet.

“We’re not going to do anything to undo marriages,” said Missy Larsen, spokeswoman for Utah Attorney General Sean Reyes. “If they have a driver’s license with their marital name on it, it stands. But wherever they were in the process, it’s frozen.”

That means that same-sex couples who have gotten married since the Dec. 20 ruling and who are in the process of applying for benefits for spouses or adopting children will have those actions put on hold.

Same-sex couples who have gotten marriage licenses but have not yet had weddings are not legally married, Larsen said. “The ceremony had to have taken place. It had to have been solemnized.”

Gov. Herbert’s chief of staff, Derek Miller, sent a memo saying state law not only prohibits same-sex marriages but also prohibits the state recognizing them.

Utah is not commenting on the legal status of the same-sex marriages already performed, the memo said.

They will at least allow county clerks to continue processing paperwork from couples that did get married before SCOTUS stepped in, for which I don’t feel like scrounging up a snarky comment. Just because Utah doesn’t want to recognize these marriages doesn’t mean anyone else has to follow their lead, and indeed on Friday the Obama administration announced that they would recognize all of Utah’s marriages.

“I am confirming today that, for purposes of federal law, these marriages will be recognized as lawful and considered eligible for all relevant federal benefits on the same terms as other same-sex marriages,” Attorney General Eric Holder said in a video message which was shared with TPM. “These families should not be asked to endure uncertainty regarding their status as the litigation unfolds.”

Good for them. The Human Rights Commission had asked for this a day earlier, and I’m glad to see it happen without any dithering. In the meantime, while we wait for the Tenth Circuit to hear the appeal, the ACLU is planning to file a lawsuit against Utah to force it to uncover its eyes and recognize these marriages as legal pending the outcome of the original litigation. We’ll see what gets an enforceable ruling first.

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Weekend link dump for January 12

First world problems are still problems worth solving.

When Captain America wears a turban, it’s pretty cool.

As The Slacktivist often says, they are coming for your birth control. Don’t be surprised by it.

“As a result, Netflix can’t, any longer, aspire to be the service which allows you to watch the movies you want to watch.”

“For everyone else – roughly 90% of the US population – there has been no jump in income share relative to ten or 20 years ago to offset what now looks to be a permanent lost decade. On the contrary, the bottom 90% has continued to lose ground.”

“But why go after marijuana for its second-order effects? Why not just ban stupidity, laziness, obesity, unambitious taste, or whatever social ills are of concern to national opinion columnists?”

Forget gravity and electromagnetism. Racial animus is the strongest force in the universe.

Legal or not, you can still get fired for smoking pot. Let the toker beware.

RIP, Jerry Coleman, Yankee second baseman, Ford Frick Award-winning broadcaster for the San Diego Padres, and owner of two Distinguished Flying Crosses and 20 Air Medals for service in WWII and the Korean War.

The Tiger Mom is back to tell us all how we’re not measuring up.

There’s a Henny Youngman documentary in the works, with a Kickstarter campaign to which you can contribute.

“Obamacare will cease to be the something certain to destroy Obama and become something Obama has gotten away with.”

Click farms are the new sweatshops. I wonder how ad providers are going to deal with this.

Your reminder that the Daily Caller is a joke.

The Fifth Circuit Court of Appeals, in addition to being terrible on voting rights and reproductive freedom, just set the clock back 50 years on employees’ rights.

How did Superman first take off as a newspaper comic strip?

An oral history of Sir Mix-A-Lot’s classic Baby Got Back music video.

“The 7-foot-tall monument would include a goat-headed Baphomet figure sitting cross-legged on a stone slab, flanked by two smiling children. The monument would also include quotes from poets Lord Byron and William Blake.”

A must read about the harassment and violent threats that many women have to deal with online.

And a must read followup to the link above.

I suppose it’s just a matter of time before Ted Cruz’s father endorses a challenger to Ted Cruz because Ted Cruz isn’t conservative enough and is part of the establishment.

You may be coping with the Srirachapocalypse, but can you survive the Velveetapocalypse, too?

“A growing body of evidence suggests that the open office undermines the very things that it was designed to achieve.”

Our nation’s first openly Pastafarian politician has been sworn into office.

“The dirty truth about American health care is that it costs more not because insurers are so powerful, but because they’re so weak.”

I’m pretty sure there will never be another politician like Bill Young again in America.

We should bring the Election Assistance Commission back.

A requiem for NBC’s soon-to-be-former studio in Beautiful Downtown Burbank. Mark Evanier remembers it well.

Not surprisingly, the BBWAA has dropped the hammer on the writer who sold his Hall of Fame vote to Deadspin.

An alternate theory of the Chris Christie scandal.

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You can’t stop Dave Wilson

You can only hope to restrain him.

Dave Wilson

Dave Wilson

The battle over whether Dave Wilson is actually a Houston Community College trustee could come to a head on Thursday when the 67-year-old tries to take the seat behind the District II placard on the board’s dais.

“I’m going to represent the citizens of my district,” Wilson said Friday after a hearing on his residency. “I’m going to sit up front, vote and do the whole thing. I might even lobby to become chair.”

Wilson, a small-business owner and anti-gay activist, spoke after an hourlong hearing about the procedural machinations of a lawsuit the Harris County Attorney’s Office filed last month.

County Attorney Vince Ryan is alleging that Wilson was not legally elected to the board in November because he is not a resident of the district in which he ran.

A temporary restraining order issued in December prohibited Wilson from taking the oath of office, but Wilson filed notarized paperwork last week with the Texas Secretary of State’s Office showing he was sworn in on Jan. 1.

State District Judge Mike Englehart on Friday asked lawyers for Wilson and the county to file additional arguments about whether Wilson can take office while the lawsuit is being litigated, among other issues.

[…]

First Assistant County Attorney Robert Soard said the restraining order prohibits Wilson from taking the oath of office, so he is not a legal office holder.

“In my view, it would be like any citizen walking up there and sitting down,” Soard said. “It would be up to the HCC board to decide what they would do in that situation.”

Whatever else Dave Wilson may think of himself, he’s not the decider here. If Judge Engelhart puts a restraining order in place, he doesn’t get to take his seat, and that’s all there is to it. As I said before, HCC would be wise to have lawyers and security present in the event Wilson is legally barred from taking office at that time. They should explain the status of the court case to him, and for whoever else is present, and be prepared to usher him out the door if he refuses to back down. Until and unless he’s legally cleared to be sworn in by someone other than himself, he’s just another member of the public, and he should be treated as such. Obviously, if Judge Engelhart rules in Wilson’s favor then he gets to be sworn in as normal, but if not he needs to abide by that. The law applies to Dave Wilson, too.

Since it comes up in the comments every time I write about Dave Wilson, let’s be clear that I don’t fear him taking office for a minute. If he actually has evidence of current trustees or contractors or whoever else acting unethically, or if he has some hot ideas for how to improve ethics on the HCC board, great. Bring it on. But until he actually produces such evidence, or an ethics proposal, I see no reason to take him at his word. For a guy who claims to be a paragon of transparency and ethical behavior, he’s shown a remarkable willingness to push the boundaries of the law, to act deceptively for his own gain, and to be closed-mouth about his own personal information. His support of the deeply unethical Yolanda Navarro Flores at the very least calls into question his judgment about what ethical behavior is. I searched election results going back through 2001 and this is the first time he’s even run for an HCC position in that time, so it’s not like he’s some longtime crusader for this job who finally prevailed. He could prove me wrong – anything can happen – and if he does, great. More ethics is a good thing. I just see no reason to have any expectation of this outcome. I see him as a provocateur, and he managed to catch lightning in a bottle. What he does with it if he gets the chance remains to be seen, but my expectations are decidedly low.

Posted in Election 2013 | Tagged , , , , , , , | 13 Comments

Chron overviews of the other candidates for Governor

On the Republican side, everybody wants to be the next coming of Ted Cruz.

Not Ted Cruz

Not Ted Cruz

As Attorney General Greg Abbott sweeps toward the GOP nomination for governor, other Republicans are reminding voters that he’s not alone in the party primary.

Waging longer-than-long-shot bids against Abbott’s superior name identification and huge war chest are conservative commentator and author Lisa Fritsch, former Univision broadcaster Miriam Martinez and Larry SECEDE Kilgore, who will be simply SECEDE Kilgore on the ballot.

They’re each pushing a message they think voters should hear.

“It’s the nature of a democracy,” said political scientist Jerry Polinard of the University of Texas Pan American.

Underfunded, largely unknown candidates tilting at party favorites have a statement to make, he said, and some may benefit from such a run in future contests.

“They are certainly serious in their minds, I think, in most cases,” he said. “In terms of the real meaning of competition – that is, do they have a realistic chance of winning? No.”

The three candidates vying against Abbott draw inspiration from Ted Cruz’s tea-party-fueled 2012 U.S. Senate victory against the better-funded, better-known Lt. Gov. David Dewhurst, but they don’t have Cruz’s advantages. Though an underdog, Cruz had national support from limited-government groups that helped with funding and turnout, and he caught the attention of media nationally.

A University of Texas/Texas Tribune poll done in October showed that those besides Abbott in the GOP gubernatorial primary – who then numbered four – had combined support of 8 percent of GOP voters. Former state GOP chairman Tom Pauken has since dropped out.

The problem with no-name underdog candidates using Cruz as an analogy for their candidacies is that Cruz wasn’t some plucky little no-name underdog taking on the big bad establishment. He was very much a part of the establishment as Solicitor General and consigliere to Greg Abbott, and while he entered that race largely unknown to general election voters, he was well known to party activists. The support he got from national groups was critical to his success. He also got a big assist from the calendar, with redistricting litigation pushing the primary back to May and the runoff to June, which gave him a lot more time to connect with a broader array of voters. Nobody in the GOP gubernatorial primary has anything close to the advantages Cruz had. The only sense in which Cruz was an underdog was that he hadn’t run for office before. He was on a level playing field in every other way. His hardcore wingnuttiness against David Dewhurst’s perceived “moderation”, where “moderation” is a code word that can mean anything from “incompetence” to “we just don’t like him anymore”, was also a key, since he was the sort of thing that the howling masses of a GOP primary runoff really wanted. The two female candidates are positioning themselves as more moderate alternatives to Greg Abbott, and it goes without saying that the constituency for that is a lot smaller than the constituency that propelled Cruz to victory. The fact that the other candidate is more than crazy enough for all three of them doesn’t do anything to help them.

The Democratic opponent to Sen. Wendy Davis doesn’t have a fatally flawed but easy to grasp analogy for his candidacy, among other things.

At age 71, Reynaldo “Ray” Madrigal of Corpus Christi is a veteran of political battles going back to the 1970s as a young South Texas activist in the Raza Unida party.

He has worked to improve education for Latinos, advocated on behalf of fellow military veterans and campaigned for four offices without a victory.

Madrigal is running again in 2014 – this time for governor of Texas. He’s not bothered that he’s up against a well-known, well-funded fellow Democrat, state Sen. Wendy Davis of Fort Worth.

“You shouldn’t be scared away by somebody telling you that you need $150 million to run,” he said. “I might be opening the door for the next generation of Hispanics that want to run for office.”

I can’t say I learned much about Madrigal from this article. If he has any well-developed policy positions, or a clearly articulated reason why he’s a superior alternative to Davis, it’s not in the story. Not that it’s likely to matter anyway.

Posted in Election 2014 | Tagged , , , , , , , , , , , , , , , | 3 Comments

Is this the end for the dollar coin?

Fine by me if it is.

Millard is keeping hope alive

The dollar wars have raged for years, with various sides battling over what a dollar should look like: Should it be a green piece of paper (cotton, actually) that you can slide in your wallet? Or should it be a metal coin that you put in your pocket?

On one side are the vending machine companies, the miners, and anyone who has traveled enough in Europe to know the convenience of a coin worth one or two euros or pounds. On the other side is Crane, the company that makes the paper for dollar bills, and the banks and retailers that prefer the convenience of paper bills.

A working assumption has been that coins would be cheaper, in the long run, for the government. They cost more to make but last much longer than paper money. The Government Accounting Office estimated the move could save $4.4 billion over the next 30 years. Others have been doubtful that such savings would materialize, as Wonkblog’s Brad Plumer details here.

Now, researchers at the Federal Reserve are weighing in, and they, too, find that getting rid of $1 bills entirely wouldn’t be the panacea that some analysts have claimed.

The most important points of the new working paper, by Michael Lambert, Shaun Ferrari and Brian Wajert, boil down to this: Coins aren’t all they’re cracked up to be.

See here for my previous entry in this ongoing bit of obsession, and be sure to read that Brad Plumer piece from last year as well. Basically, the Fed questions the “seigniorage” effect, which is the primary driver of savings for the government, and points out a bunch of costs that hadn’t previously been taken into account. The net result is that the presumed benefit of switching to coins is likely to be pretty small, especially considering they’re spread over a long time period. As noted at the end, the pro-coin people disagree with this finding, so my hope that this debate is over is almost certainly premature. But I can hope.

Posted in National news | Tagged , , , , | 1 Comment

Saturday video break: All the world’s problems explained

The Austin Lounge Lizards sum up our political discourse in one song:

I mean seriously, is there anything they missed in that recitation?

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Davis beats Abbott in court again

That’s probably the simplest way to understand this story.

Sen. Wendy Davis

Sen. Wendy Davis

A San Antonio federal court has ordered Texas to pay more than $260,000 in attorney fees to the legal team that helped state Sen. Wendy Davis beat back Republican attempts to carve up her district in 2011.

The ruling earlier this week amounts to another court victory for Davis, the frontrunner for the Democratic nomination for governor, in her years-long redistricting fight with state Republicans and Attorney General Greg Abbott, the presumptive GOP gubernatorial nominee.

Aside from Davis’ lawyers, the League of United Latin American Citizens, which also sued Texas over its 2011 state senate maps, was awarded a total of $93,000 by the court.

The state plans to appeal the ruling.

A Davis campaign spokeswoman said it is no surprise the court ruled to award legal fees to attorneys representing the Fort Worth senator since she previously was declared a prevailing party in the case.

“Greg Abbott should accept the facts and stop wasting taxpayer dollars,” spokeswoman Rebecca Acuna said.

[…]

Led by Abbott, the state told a federal three-judge panel in San Antonio over the summer it was backing off the senate maps drawn in 2011 in favor of a new set. That was cemented when the Legislature in June approved maps keeping Davis’ district intact, and in court in September when the judges declared Davis a “prevailing” party and instructed her lawyers to file for reimbursement.

The amount Davis was awarded was a lot less than what her team originally asked for, and a bit more than half of their revised figure. You’d think that might make this sum a reasonable one for Abbott to accept and move on, except that doing so is also an acceptance of the fact that she won in court. His argument is basically that the revised Senate map to which everyone agreed was a strategic retreat and that the original map was never judged on the merits, so Davis “never received a judgment on the merits of any of their claims”. The San Antonio court rejected that argument:

It is undisputed that Plaintiffs obtained significant, affirmative interim relief. This relief was judicially sanctioned, materially changed the legal relationship between the parties, and gave Plaintiffs all the relief they sought with regard to the 2012 elections. In addition, that relief was not and cannot now be reversed, dissolved, or otherwise undone.

Not surprisingly, Abbott has already announced his appeal, which will be heard by that bastion of fairness and impartiality, the Fifth Circuit. Abbott just won’t admit that he lost.

That wasn’t the only loss Abbott suffered in court this week.

The three-judge panel in the Texas redistricting case entered an order Wednesday denying a request by the State of Texas to modify the procedures the court would use to decide legislative privilege issues.

The order said the motion was being denied as premature since:

The legislative privilege is a personal one and may be waived or asserted by each individual legislator … [and] [a]ccordingly, neither the Governor, not the Secretary of State or the State of Texas has standing to assert the legislative privilege on behalf of any legislator or staff member that may be deposed.

However, the order went on to say that it was “nevertheless appropriate to provide the parties with some guidance as to how to proceed with future depositions” and set out several ground rules for the parties:

In sum, counsel for the State of Texas may not invoke the legislative privilege; each legislator, legislative aide, or staff person must assert or waive the privilege individually. Any person asserting the privilege must, however, provide enough facts so that a court, if necessary, can determine whether the information sought falls within the scope of the privilege. To the extent that any individual asserting the privilege has had communications or correspondence with any outside party or entity, such communication or correspondence waives the privilege as to the content of those communications.

See here and here for the background. The basic idea is that Abbott wants to shield Republican legislators and staffers from being asked questions about their intentions and thought processes and what have you during the redistricting trial. It was ruled for the first trial that there wasn’t a blanket invocation of privilege for legislative witnesses, but it could be invoked if needed. Abbott argued that circumstances in the retrial were different, and the court disagreed. The Express News wondered why Abbott was pursuing this argument.

There exists an immunity for state legislators from liability and from testifying. This is present in federal common law. On this much, the parties in the state’s ongoing redistricting litigation appear to agree.

The question is, how broad is the immunity?

In arguing for the federal court in San Antonio to modify its previous order on this issue, the Texas attorney general’s office would have us believe that the law makes this immunity broad beyond reason.

Essentially, it would have Texans believe that public servants need not make public what went into the creation of public policy — even in a court case.

In that previous court order on immunity, legislators could be deposed and could invoke legislative immunity but have to answer the questions anyway — with the depositions then placed under seal for court review.

Now, since a U.S. Supreme Court ruling returned challenges to the state’s redistricting maps to the lower court here, Texas argues that matters have changed and the order should be modified.

It asks that legislators who hadn’t previously waived privilege and new legislative witnesses be able to keep their mouths shut.

The court’s first order was bending over backward. What the state attorney general is now seeking is for the court to go into contortions to shield legislators from revealing what they know.

[…]

In the last go-around, it turns out that no legislator claimed privilege. If any lawmaker had, the public would have had a right to ask why.

So, in this latest round, what is it that the attorney general’s office doesn’t want us to know about how and why legislators crafted these maps?

Could it be that the maps were created and approved with full knowledge of whom these maps would keep in power and at which groups’ expense?

Embarrassing stuff said and written during the process, pointing to purposeful discrimination? So, quit doing that. Problem solved.

Given the state’s history on voter discrimination, the reluctance to be this forthcoming merely points to insidious maneuvering. The court — and the public — have a right to know.

Seems pretty reasonable to me. And if stuff that embarrasses the legislators, the Republican Party, or Greg Abbott happens to come out of the trial, that’s just too bad. As the E-N says, they shouldn’t have done those embarrassing things in the first place.

Posted in Legal matters | Tagged , , , , , , , , | Comments Off on Davis beats Abbott in court again

Federal studies for the Houston-Dallas high speed rail line

It’s a step forward.

The federal government, Texas and a private company are collectively working on two studies to assess the impact of a high-speed rail line between Houston and Dallas, U.S. Department of Transportation Secretary Anthony Foxx confirmed Tuesday.

Foxx, speaking at the Texas Transportation Forum, an annual conference put on by the Texas Department of Transportation, said the Federal Railroad Administration, TxDOT and Texas Central High-Speed Railway will move forward this year on environmental impact studies related to the project. The completion of such a study is typically a key early step in developing a major transportation project.

“I can’t speak to whether there will be roadblocks or anything down the road, but what I can tell you is I’m delighted to be part of helping get this first step underway,” Foxx said in an interview after his speech. “It’s a big deal for Texas, and we’ll see what happens going forward.”

[…]

TxDOT Executive Director Phil Wilson said two separate environmental impact studies are in development. The Federal Railroad Administration and Texas Central High-Speed Railway will conduct a study of a high-speed rail line between Dallas and Houston. TxDOT, in partnership with the FRA, will sponsor a study of a slower rail line connecting Fort Worth, Arlington and Dallas.

“We, TxDOT, will sponsor the environmental impact study on the Dallas-Fort Worth-Arlington side,” Wilson said. “The private sector will sponsor the EIS for that Houston/Dallas corridor.”

TxDOT officials could not provide a timeline for when either study would be completed.

See here, here, and here for the background. As Dallas Transportation notes, there have been other studies done in the past five years, and TxDOT is doing its own study on a Texas-Oklahoma rail corridor, which would likely be an extension of Houston to Dallas. The Texas Central High-Speed Railway folks are serious about getting their line built, hopefully by 2021. There are many hurdles to be cleared, and this is just one of them along the way. If you want to hear more about it, you can hear Robert Eckels, the President of Texas Central Railway, will be speaking at an H-GAC brown bag event on Monday, January 20. See here for the details.

Posted in Planes, Trains, and Automobiles | Tagged , , , , , , , | 1 Comment

Who shot Bigfoot?

The correct answer is “no one”, since Bigfoot doesn’t exist and all that, but this guy claims to have done it.

Yeah, that’s not Bigfoot

Nearly a year ago a self-described professional Bigfoot hunter claimed to have shot and killed one of the creatures in San Antonio.

The alleged incident was featured in a documentary released last year that left more questions than answers.

[Last] Thursday Rick Dyer finally released pictures of the alleged beast’s body (see below).

“Bigfoot is 100 percent real — there’s no question about that,” Dyer said.

Dyer claims he shot and killed the mythical creature in a wooded area on the northwest side near Loop 1604 and Highway 151 in early September 2012.

Until Thursday Dyer never provided any proof beyond a grainy video clip he shot of the big beast outside his tent. More video was included in the documentary “Shooting Bigfoot,” but it failed to impress skeptics.

[…]

Despite a history of past Bigfoot hoaxes, Dyer insists he’s not fooling around this time.

“Bigfoot is not a tooth fairy — Bigfoot is real,” Dyer said. “The most important thing to me is being vindicated, letting people know that I am the best Bigfoot tracker in the world and it’s not just me saying it.”

Dyer plans to hold a news conference in the coming days, where he will show the full body and release the test results.

I’m sure he’ll allow an independent DNA analysis on his find. As the Bigfoot Evidence blog (the World’s Only 24/7 Bigfoot News Blog, because of course such a thing is needed) notes, Dyer most recently claimed to have shot a Bigfoot in Georgia in 2008, which he later admitted was a hoax. But this time he totally means it, y’all, even if his Bigfoot picture kind of resembles a dwarf from “Lord of the Rings”. Hey, you go to the media with the Bigfoot you have, not the Bigfoot you wish you had, am I right? Just show me the DNA test and we can settle this amicably.

Posted in Skepticism | Tagged , , , , | 1 Comment

Friday random ten: I’ve got this bridge to sell you

In honor of New Jersey Governor Chris Christie, ten songs about bridges.

1. The Bridge – Eddie From Ohio
2. Bridge of Sighs – Robin Trower
3. Bridge Over Troubled Water – Aretha Franklin
4. Bridge Over Troubled Water – Johnny Cash
5. Bridge Over Troubled Water – Simon and Garfunkel
6. Brothers Under The Bridge – Bruce Springsteen
7. Crooked Bridge – SixMileBridge
8. Throw Aggi Off The Bridge – Black Tambourine
9. The 59th Street Bridge Song (Feelin’ Groovy) – Simon and Garfunkel
10. The 59th Street Bridge Song (Feelin’ Groovy) – Harpers Bizarre

I had to violate my usual rule about not repeating song titles or artists in order to get to ten, but I figured in this case it was worth it.

Posted in Music | Tagged , | 1 Comment

Runoff precinct analysis: At Large races

I finally got a draft canvass report from the Harris County Clerk for the December runoff elections. Let’s take a look at the two At Large runoffs and see what we can learn about them. Here’s At Large #2:

Dist Burks Robinson Burks % Rob % ===================================== A 2,145 2,331 47.92% 52.08% B 1,798 451 79.95% 20.05% C 1,464 4,286 25.46% 74.54% D 4,244 1,229 77.54% 22.46% E 1,086 1,347 44.64% 55.36% F 278 418 39.94% 60.06% G 1,280 2,980 30.05% 69.95% H 791 820 49.10% 50.90% I 1,425 1,459 49.41% 50.59% J 300 471 38.91% 61.09% K 1,292 1,006 56.22% 43.78%

Andrew Burks did pretty well where he needed to, in Districts B, D, and K – better than he did in the 2011 runoff, at least on a percentage basis. It seems likely to me that the lesser turnout this year hurt him. He had about a 5,000 vote lead in B and D in 2011, but only a 4,400 vote lead this year, a drop of 600 votes in a race he lost by 500 votes. I don’t mean to pile on Burks, but I have to think that a better candidate could have pulled this one out. Robinson did just enough in C and G to edge him. It’ll be interesting to see if he draws a serious challenger in 2015.

On to At Large #3:

Dist Morales Kubosh Mor % Kub % ===================================== A 2,108 2,755 43.35% 56.65% B 862 1,359 38.81% 61.19% C 2,784 2,821 49.67% 50.33% D 1,800 3,601 33.33% 66.67% E 1,347 1,271 51.45% 48.55% F 404 332 54.89% 45.11% G 2,155 2,280 48.59% 51.41% H 944 739 56.09% 43.91% I 1,962 1,156 62.92% 37.08% J 437 376 53.75% 46.25% K 954 1,345 41.50% 58.50%

Despite Michael Kubosh’s relatively substantial win, it looks to me like the conditions were there for Roy Morales to pull it out. He held his own in the Republican districts, and got a boost from the elevated turnout in the District I runoff. He lost in B, D, and K, where you would expect Kubosh to do well, but he didn’t get creamed. If he had had David Robinson’s numbers in District C, he would have won. Obviously, Mayor Parker did not get involved, and Kubosh did a decent job of presenting himself to Parker supporters, which enabled him to not only be competitive in C but to carry it. You have to tip your hat to that. Further, despite my speculation that there could be a significant undervote in this race, the undervote rate was less in AL3 than it was in AL2. As with Robinson, I look forward to seeing who, if anyone, decides to challenge Kubosh in two years. Both of them, but especially Kubosh, can affect that with their performance in office. I can’t wait to see how it goes when Mayor Parker gets on with the rest of her third term agenda.

I’ll have a look at the other races in a later entry. In the meantime, let me know what you think about these numbers.

Posted in Election 2013 | Tagged , , , , , , , , , , , , , , | 3 Comments

Council OKs ordinance to help bring grocery stores to food deserts

Good.

Supermarkets now can sell beer and wine next to schools and churches, an exemption to city regulations Houston City Council granted unanimously Wednesday, hoping to encourage grocers to locate in neighborhoods that lack access to fresh, healthy food.

These so-called “food deserts” are common in Houston, typically in poor areas such as Third Ward and Fifth Ward that also tend to have a high concentration of churches. Without the rule change, grocers – which industry experts say must offer beer and wine to be competitive – could not operate within 300 feet of churches and most private schools, or within 1,000 feet of public schools.

Councilman Stephen Costello, who helped lead efforts to pass the exemption and long has worked on the food desert issue, said an independent grocer has agreed to open a 20,000-square-foot store in south Houston, and said he has meetings scheduled soon with four large grocery chains.

“We’re talking to them about how the city can help them come into these under-served areas because, obviously, they’re taking a risk. There’s a reason they’re not there in the first place,” Costello said. “This item was one of the last variables we were trying to overcome. We’re figuring out ways to try to peel back the onion to get them to come into these areas.”

[…]

The language passed Wednesday defines a grocery store as covering at least 10,000 square feet of floor space, and excludes businesses that allow alcoholic drinks to be consumed on site and those that derive more than 25 percent of their gross receipts from booze sales.

Jane West, of the Super Neighborhood Alliance, said members of the civic club coalition were satisfied with the amended language. Still, West said the impact of the change may be limited.

“I hope it does, but I’m very skeptical it will actually provide the benefit it’s promised to provide,” she said. “To me, the risk is they’re just going to encourage more of the large convenience stores, the kind of stores they want to eliminate.”

As I said when this first came up, I didn’t understand the restriction on alcohol sales near churches. Be that as it may, this strikes me as a sensible approach, one that will still keep bars and liquor stores out of the affected areas. As to whether or not it will actually provide the promised benefit, the proof will be in whether or not any new grocery stores get built in places that had previously lacked them. CM Costello says one is in hand, and we’ll see when that announcement happens, and if any others follow it. Finally, for those of you that scoff at the whole notion of “food deserts” in the first place, just think of this as the city loosening some regulations in order to encourage new businesses. Does that make it feel better? Texpatriate has more.

Posted in Local politics | Tagged , , , , , , , | 6 Comments

I got those “can’t get my rail cars built on time” blues

Actually, I don’t, but Metro does.

The company building 39 new Metro railcars has yet to deliver an acceptable vehicle almost six months after the original due date, potentially delaying full service for rail lines scheduled to open later this year.

The first car hasn’t passed a required water leak test and exceeds the maximum weight specified in the builder’s contract with the Metropolitan Transit Authority. In a Dec. 30 letter to CAF USA, the American subsidiary of the Spanish train-building giant, interim Metro CEO Tom Lambert demanded that the company explain how it will deliver all the cars by the Sept. 25 deadline.

“It is imperative that CAF demonstrate to Metro that it is seriously willing and able to meet its obligations,” Lambert wrote. Metro is withholding a $12.8 million payment until an acceptable rail car is delivered, he wrote.

In a reply, CAF’s worldwide CEO, Jose Maria Baztarrica, assured Lambert that U.S. representatives of the company would come to Houston to “fix all the various issues.”

Continued delay would leave Metro officials with options for opening the lines on time, but possibly not on a full schedule. Fewer railcars ready to hit the street could mean that trains operated less frequently or failed to cover the entire route.

“We can work through it, and we will,” Metro board chairman Gilbert Garcia said, stressing the important factor is that CAF deliver high-quality vehicles. “We have to be prepared that the cars are delayed and now we need to have a plan going forward of what we’re going to do.”

The railcar manufacturer is now promising swift action to get this resolved.

“If they are having a problem, then to me it is a big problem, even if it is a minor fix,” said Andres Arizkorreta, CEO of Construcciones y Auxiliar de Ferrocarriles, commonly known as CAF. “These are things we must do.”

[…]

Arizkorreta flew to Houston on Wednesday. On Thursday morning, he assured Metro officials the water leak would be fixed within 10 days by installing a gasket

Remedying the leak, which was minor, is necessary before the car can enter service by undergoing weeks of on-track testing, interim Metro CEO Tom Lambert said.

“The best thing we can do now is get this one at the test track,” Lambert said. “The sooner we do that, the sooner we can build the others.”

Additional cars might come at a brisker pace. Manufacture of the cars will accelerate as CAF U.S.A. expands its Elmira, N.Y., plant, Arizkorreta assured Metro.

Officials said they were pleased with the quick corrections.

“I am convinced this is moving in the right direction,” Metro chairman Gilbert Garcia said.

About 100 workers will be hired specifically to handle Houston railcar building, roughly doubling the staff now handling the order. CAF agreed in writing Thursday to give Metro a revised delivery schedule by Feb. 15.

That all sounds good, but the weight issue remains a problem. It’s not clear how that will be fixed. I’m going to be optimistic and say that this will mostly get worked out before the Southeast and Harrisburg lines open, but we’ll know more in a month. I hope it doesn’t cause any operational problems, or force reduced frequencies when the new lines open. Metro had already set its schedule back by a year after nearly blowing its Full Funding Grant Agreement due to the shenanigans of previous CEO Frank Wilson, who was trying to circumvent the FTA’s Buy American requirements. It’s possible that in the absence of those requirements, or at least in the absence of Metro trying to get around them and getting caught at it, that we’d be farther along now. Nothing can be done about any of that now, so let’s keep CAF’s feet to the fire and hope they have good news in February.

Posted in Planes, Trains, and Automobiles | Tagged , , , , , , , , , , | Comments Off on I got those “can’t get my rail cars built on time” blues

Craft beer: Still good for your economy

Yet another study says so.

Texas ranks second only to California in the economic impact derived from craft brewing, a report from the Brewers Association says.

This burgeoning class of smaller, independently owned craft breweries, along with their distributors, retailers and bar/restaurant workers, added $2.3 billion to the Texas economy in 2012, the report says.

That’s part of an estimated $33.9 billion national number cited in the report, which the industry group said measures “the total impact of beer brewed by craft brewers as it moves through the three-tier system (breweries, wholesalers and retailers), as well as all non-beer products that brewpub restaurants sell.”

The Brewers Association said the nation’s 2,000-plus craft breweries and brewpub restaurants sold 13.2 million barrels of beer with a retail value of nearly $12 billion during 2012.

[…]

The Texas Craft Brewers Guild hailed the Brewers Association findings as confirming its own assessment last year that craft brewing could be upward of a $5.6 billion industry here by 2020.

The guild noted that Texas ranked fourth among the states in the number of craft-related jobs and third in “labor income produced from craft breweries through direct and indirect economic impact.”

It also found positive news in the state’s No. 34 ranking for per-capita economic impact.

“This finding clearly demonstrates … there remains significant room for growth for the Texas craft beer industry,” the guild said in a statement.

You can see the study here, and the Texas Craft Brewers Guild’s statement is here. The TCBG has done its own study with similar findings. You can see it with your own eyes – craft beers are on the menu at restaurants all over town, local microbrewers are expanding, and as a general rule new startups do a lot of hiring as they expand. I don’t think the market is anywhere near saturated yet. Keep on keeping on, y’all.

Posted in Bidness, Food, glorious food | Tagged , , , , | Comments Off on Craft beer: Still good for your economy

Judicial Q&A: Jim Evans

(Note: As I have done in past elections, I am running a series of Q&As for judicial candidates in contested Democratic primaries. This is intended to help introduce the candidates and their experiences to those who plan to vote in March. I am running these responses in the order that I receive them from the candidates. You can see all of my interviews as well as finance reports and other information on candidates on my 2014 Election page.)

Jim Evans

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

My name is Jim Evans, and I am running for the position of Judge in the 308th Family District Court.

2. What kind of cases does this court hear?

This court, like each of the nine Harris County family district courts, hears family law matters such as divorces, child custody disputes, child support cases, child support enforcement actions, name changes, and adoptions.

3. Why are you running for this particular bench?

I am running for this bench because I am qualified to do the work required of a judge and because I am passionate about doing that work with integrity and with an understanding of the enormous consequences of my decisions.

Furthermore, I am running for this bench because it belongs to the people of Harris County, and it should not be used as a means to provide financial benefits to my political benefactors and cohorts. The presiding judge in this court has the ability to appoint ad litem attorneys, amicus attorneys, and receivers in hundreds of cases each year. The current Republican presiding judge, James Lombardino, appoints almost exclusively people who have donated to his campaign. Additionally, in the three years that he has been on the bench, he has appointed Jared Woodfill, the Harris County Republican Party chairman, numerous times (and more than any other family judge in Harris County). This sort of favor is inappropriate and not in the best interest of the children who are the subjects of the cases before the court.

4. What are your qualifications for this job?

I understand Texas family law, the culture of Harris County, and the legal environment in Harris County. I am a Harris County native, a graduate of Houston Baptist University, and the University of Houston Law Center. I have practiced law for over 10 years. For the last five years, I have practiced family law almost exclusively. I know the family judges in Harris County, the family attorneys in Harris County, and the statutory and common law bases for family law decision-making in Texas. I currently maintain my law practice in downtown Houston.

While in law school, I graded onto and served as the Research Editor on the Houston Law Review, which shows that I am diligent and a hard worker. At the beginning of my legal career, I practiced chapter 7, 11, and 13 bankruptcy law, so I have a necessary understanding of the complicated property issues that sometimes arise in divorces. In 2009, I obtained certification as a family law mediator, and I understand the value and the limitations of mediation as a tool that can be used to resolve family law disputes.

Prior to attending law school, I taught in Louisiana public schools and worked as a Baptist minister for a number of years serving churches in Texas, Maryland, and Louisiana. These prior careers gave me an appreciation of the enormity of the pressures that people face with regard to their family lives and decision-making. This appreciation will inform my rulings on the bench as I strive for fairness and justice.

I have a life outside of the practice of law, and I believe that this will help me make decisions that are practical and that have good long-term results. I am a parent, divorced parent, step-parent, and adoptive parent. I married my husband, William Flowers, in Connecticut in 2010. I teach Sunday School at Deer Park United Methodist Church, and I serve on the church’s Staff-Parish Relations Committee.

5. Why is this race important?

If elected, I will be the first openly gay family judge in Texas (and probably the first in the South). While this, in and of itself, does not qualify me to be a family judge, it will be significant to have an openly gay person on the bench. Currently, the family courts in Harris County negatively discriminate against gay and lesbian people. For example, none of the family judges, all of whom are Republican, will grant an adoption in a case where the prospective adoptive parent is an “out” gay or lesbian. If I am elected, I believe it will create a moral imperative for the other judges to do the right thing and either grant or deny an adoption based on the best interest of the child instead of the sexual orientation of the prospective adoptive parent. Moreover, my promise, if I am elected, is that I will do nothing for the gay community except that I will not discriminate based upon a litigant’s sexual orientation.

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

People should vote for me in the primary because I am energetic and a hard worker as evidenced by my successful campaign efforts collecting almost 1300 signatures on my petition to be placed on the ballot; and I intend, if I win the Democratic primary election, to work hard and run a winning general election campaign.

Additionally, I believe that my candidacy in the general election will inspire greater volunteerism and voter turnout for me and other Democratic candidates among members of the Houston GLBT community. This is particularly so because, if I am elected, I will be the first openly gay family district judge in Texas. I have already personally spoken to over one thousand GLBT people in Houston about this possibility; and their response is universally positive and enthusiastic.

Democrats in Harris County know that our county is fairly evenly split between Democrats and Republicans. Moving even a few thousand voters from the Republican column to the Democratic column could have a significant impact on election night. I am a native of and a current resident of Deer Park, generally considered to be a Republican stronghold. I have already done block walking in parts of Deer Park and have found many Democrats who are discouraged because they believe that they are the only Democrats in town; I have also found Republicans who are excited about the possibility of voting for a Deer Park “local boy.” If I win the primary, I will consider it my job to get Deer Park Democrats to vote and to get Deer Park Republicans to cross the aisle and vote for me and other Democrats on the ballot. I believe that my intentional efforts to engage with Deer Park people will yield those successful results.

Finally, while my opponent is a good man and a good attorney, between the two of us, I am the only strong Democrat.

Posted in Election 2014 | Tagged , , , , , | Comments Off on Judicial Q&A: Jim Evans

Falkenberg on Dave Wilson’s residency

Lisa Falkenberg has another chat with Dave Wilson to try and solve the mystery of where he really lives.

Dave Wilson

Dave Wilson

No bathtub. No refrigerator. No TV.

If 67-year-old small businessman Dave Wilson really lives in a warehouse apartment on West 34th Street, and not with his wife, as he claims, it’s a pretty Spartan existence. And not a particularly clean, well-fed or entertaining one.

An inspection this week by City of Houston code enforcement didn’t help the Houston Community College trustee-elect in his quest to prove he meets district residency requirements for the job. The city ended up slapping a bright orange sticker to the glass door of the warehouse, indicating he doesn’t have permission to use it as a residence.

“Change of occupancy to reflecting living quarters on 2nd floor. Plans required,” it reads, warning that failure to comply may result in citations with minimum fines of $500-$2,000 per incident.

Photos from the city inspection, provided to me by Harris County Attorney Vince Ryan’s office, depict sparsely furnished rooms with mostly bare walls, tabletops and counters.

“If you look at these photographs, it does not look like he’s been living there for two years,” said Ryan, who sued Wilson to try and prove the trustee-elect didn’t live in the district he ran to represent.

Ryan, whose office had requested its own tour of the residence but never got one, said he wasn’t surprised by the city’s findings.

“We believe it’s very clear cut,” Ryan said. “Every piece of evidence we see indicates he does not have his address at West 34th Street.”

Too bad Wilson didn’t take my advice and have Falkenberg drop by for a visit, a courtesy he did apparently extend to the local Fox affiliate. Instead, she only got to see the County Attorney’s evidence, which needless to say isn’t favorable to Dave. Wilson is free to show or not show whatever he wants to anyone – other than the judge, of course – but it seems to me he could have advanced his PR if he’d given Falkenberg a tour. Assuming the place does resemble an actual residence, that is. If it is what he says it is, then he prevails in court, his critics look like fools, and the issue is settled forevermore. For a guy who claims, not without some justification, that everyone is out to get him, you’d think he might want to shove the evidence of his righteousness in their faces, but instead he’s playing it close to the vest. Which might lead to a Perry Mason moment in the courthouse, but which also raises a question that Falkenberg brings up:

He’s probably right that some people are scared to death to get him on that board. Wilson has vowed to bring transparency to the often opaque operations of the HCC board and to request independent audits of finances. Heads could roll.

It would be a welcome change. But candidates promising open, honest leadership should walk the walk. Playing fast and loose with election laws and ignoring a temporary restraining order aren’t good ways to start out. Districts exist for a reason: to give citizens a better chance at electing someone who represents them and their interests.

This latest episode, added to the list of Wilson’s other antics, makes me wonder if he’d be a breath of fresh air on that board, or a disaster.

Yes, for a guy who claims to be all about openness and ethics and all that, he sure is less than forthcoming about his own business. As for the matter of districts, I’ve said my piece on that. What I’m going to say now is that the reason we are where we are is because the residency requirements we have on the books are basically a polite fiction for which no effective enforcement mechanism exists. We should either fix that or acknowledge that we just don’t really care. We’re in this debate now because we don’t have an agreed-upon standard of what it means to be a “resident” of a political subdivision, and because even if we did there was no way to objectively validate Dave Wilson’s residency before the election; remember, HCC’s Board and general counsel said it wasn’t their job to vet his application. Not having a standard and a means of validating someone’s candidacy serves no one, and that includes Wilson. Either we do something about this, or we ditch the whole idea and let people file for whatever they want, and leave it to the voters to sort out who represents them and who doesn’t.

I thought the case of Sen. Brian Birdwell in 2010 was as clear a violation of residency requirements you’re likely to see, with Birdwell casting a vote in Virginia at a time when he would have needed to be a resident of Texas to be eligible to run for the Senate. The challenge to his candidacy failed, not on the merits but on technicalities of jurisdiction and documentation provenance. I thought at the time that was telling us that the requirements we had were basically meaningless and that we should act accordingly. This is another test of that hypothesis. If Wilson prevails, then let’s agree that anyone with the wherewithal to declare himself or herself a resident of a given location – a relative, a second home, an office, a warehouse, what have you – is one for the purposes of the law and get on with our lives. Even if Wilson is found to be ineligible, we really owe it to ourselves and every future candidate to clarify the requirements up and down the ballot, one way or another. That’s something the Legislature could address in 2015. If it means a bunch of current incumbents have to scramble to buy a new house between now and their next filing deadline, that’s fine by me. If it means that residency is little more than a state of mind in the eyes of the law, then so be that. Let’s just pick one and stick with it. That has to be better than what we have now, which are winks and nods and the occasional lawsuit.

Posted in Election 2013 | Tagged , , , , , , , , , | 7 Comments

No BGO for HOF

Missed it by one vote.

One of the most majestic induction classes in the history of the National Baseball Hall of Fame was set on Wednesday with the announcement that Greg Maddux, Tom Glavine and Frank Thomas were elected by eligible writers of the Baseball Writers’ Association of America, all of them by big margins.

On the ballot for the second time, Craig Biggio, who had 3,060 hits in 20 seasons, all with the Astros, did not get the necessary 75 percent, falling two votes shy of induction.

Already to be inducted in July are three of the greatest managers of all time — Bobby Cox, Joe Torre and Tony La Russa, all selected by the Expansion Era Committee last month.

That means six living members are heading toward one of the grandest Induction Weekends from July 26-27 in Cooperstown, N.Y. The results of this year’s BBWAA vote were in stark contrast to that of last year, when the writers didn’t elect anyone.

Maddux and Glavine, a pair of 300-game winners who pitched the bulk of their careers for the Braves, were the favorites, but the 571 voters outdid themselves by also adding Thomas. It was the first time since 1999, when Robin Yount, Nolan Ryan and George Brett were elected, that the writers put three first-time eligibles into the Hall.

Maddux, who won 355 games, the eighth-highest figure in Major League history, saw his name appear on 97.2 percent of the ballots, falling short of the all-time mark still held by Tom Seaver, who was elected on 98.84 percent of the vote in 1992. Glavine, who won 305 games, fourth-most among left-handers, was at 91.9 percent, and Thomas, a first baseman and designated hitter, who batted .301, hit 521 homers and amassed 1,704 RBIs in 19 seasons, 16 of them with the White Sox, finished at 83.7.

I’m going to take a break from all the ranting and airing of grievances about the deserving candidates that didn’t get elected and the idiocy of the voters, for this year at least. Biggio becomes the first player to miss being inducted by a single vote, which at least bodes well for his future. You aggrieved Astros fans, go vent your spleen at Ken Gurnick, you’ll feel better. How much better off we’d all be if he had given his vote to Deadspin instead. Congratulations to the three supremely qualified new members, and better luck next year, Bidge. Hardball Talk has more.

Posted in Baseball | Tagged , , , , | 3 Comments

Texas blog roundup for the week of January 6

The Texas Progressive Alliance is off to a roaring start to 2014 as it brings you this week’s roundup.

Continue reading

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Interview with Damian LaCroix

Damian LaCroix

Damian LaCroix

Challenging Sen. John Whitmire in SD15 is attorney Damian LaCroix, who as noted before had been a candidate for judge in 2010. LaCroix is a Houston native and graduate of Texas A&M and SMU law school. As Sen. Whitmire touted his experience in his interview, LaCroix advocates for a change and for new leadership. I suspect that factor will be critical to the decisionmaking for SD15 voters.

I had originally intended to use SoundCloud only for Sen. Whitmire’s interview, pending feedback on it. In the interest of fairness and uniformity, I decided to use it for LaCroix’s interview as well. I’ll decide about using it or not going forward later this week. Please note that for each interview, there’s a Download link on the Soundcloud widget if you’d rather listen to the MP3 file via your own player. Let me know if you have any problems with that. Here’s the interview:

You can see all of my interviews as well as finance reports and other information on candidates on my 2014 Election page.

Posted in Election 2014 | Tagged , , , , , , , | 6 Comments

Rick Perry doesn’t want people to get health insurance

There’s really no other viable explanation.

It's constitutional - deal with it

It’s constitutional – deal with it

On a White House conference call on Monday, Texas Democrats criticized Gov. Rick Perry and other Republican state leaders for “getting in the way” of implementing federal health care reform.

During the call, which was organized by the White House to tout the impact of the Affordable Care Act in Texas, state Rep. Trey Martinez Fischer, D-San Antonio, and Dallas County Judge Clay Jenkins accused state leadership of creating obstacles to keep Texans from obtaining health insurance, as required by the health care law, also known as Obamacare. The two Democrats cited Texas’ decision not to expand Medicaid, the lack of a state-based insurance marketplace and proposed additional rules for federal navigators.

Martinez Fischer called Texas the “poster child” for the uninsured, adding that the state’s rate of residents without health insurance — the highest in the nation at about 25 percent — had received “no relief from state leadership.”

“I wish we would use our energy and momentum in Texas with our statewide elected officials to actually embrace and work cooperatively with the administration to expand ACA opportunities in Texas rather than the trail of roadblocks,” Martinez Fischer said.

Jenkins questioned Perry’s request for additional regulations on federal navigators, who are charged with helping individuals sign up for health insurance.

“If they won’t help citizens gain access to coverage, they ought to stand down and stay out of the way for those of us who are willing to work to do the job for Texas,” Jenkins said.

Perry first requested the rules in September, citing consumer privacy concerns. Other Republican state leaders, including Lt. Gov. David Dewhurst and Attorney General Greg Abbott, followed suit.

Perry spokeswoman Lucy Nashed called the conference call an attempt to distract from the Affordable Care Act’s “continued failures.” She cited the technical problems of the federal online insurance marketplace, concerns surrounding the training of navigators and delayed enrollment deadlines.

“Texas families and businesses don’t need more empty rhetoric from the Obama administration to know that Obamacare is a failure,” Nashed said.

It takes a certain level of sociopathy to say something like that when you are the Governor of the state with by far the highest number of uninsured people, and you’ve been Governor for thirteen years without doing a single thing about it. Except for all the things you’ve done to deny health insurance to people, such as the CHIP cuts and our famously stingy Medicaid eligibility requirements and onerous enrollment processes. Hey, remember when we spent a couple hundred million dollars outsourcing our Health and Human Services Commission and gave the money to a private firm that didn’t know its ass from a pencil eraser? Those were the days, my friend.

The antipathy towards health insurance comes through in everything Rick Perry – and David Dewhurst and Greg Abbott and the rest of the sorry lot – does, from imposing needless burdens on navigators to refusing to expand Medicaid to refusing to implement an exchange, and on and on. If there were some honest ongoing effort over the past decade-plus to do something about the millions of uninsured in Texas, that would be one thing. But the record, and the inactivity, speak for themselves. There’s really no other way to characterize it. Millions of people have become insured around the country, but all we get here is rage and denial.

Oh, and bad journalism, no doubt influenced by the lying and obfuscation. Do make sure you click those two links and read the stories, which have now coaxed an apology for the half-assed job they did from the Star-Telegram. Senators Sylvia Garcia and Rodney Ellis have more.

Posted in Show Business for Ugly People | Tagged , , , , , , , , , , , , | 3 Comments

End of year B-Cycle report

B-Cycle has been in Houston for nine months, having launched in early April. So far, it’s done pretty well.

The B-Cycle system’s 29th station was christened earlier this month in front of Clayton Homes. Officials said they hoped to provide new customers for bike-sharing and new opportunities for low-income families.

“The more you use the bikes, the more excited you become,” said Tory Gunsolley, president of the Houston Housing Authority.

In many U.S. cities, bike-sharing has become popular mainly among people who choose to bike for recreation. Critics say bike-sharing hasn’t reached low-income neighborhoods, however.

Houston’s build-out didn’t push into poorer neighborhoods, but it didn’t start in wealthy enclaves either. From three downtown stations, the system pushed south and west into Midtown, Montrose and the Museum District. It subsequently spread to the Heights, Eado and the Northside.

Houston will put B-Cycle kiosks where it can, when it can, as corporate partnerships and funding allow, said Houston Sustainability Director Laura Spanjian. She said having stations at the University of Houston, Rice University and Texas Southern University will be the next important steps.

“We want to double and triple this program and I know that we can do that,” Spanjian said.

Connecting the bikes with communities that need transportation is part of the strategy, Gunsolley and Houston B-Cycle director Will Rub said. The bikes could be an asset for people who need to travel a few blocks and don’t want to wait for a bus or ask someone for a ride.

[…]

Use of a kiosk near Project Row Houses, a Third Ward arts group, has been brisk, said Assata Richards, community liaison for the group.

“They use it to go to the grocery store, they use it to get around the neighborhood,” Richards said.

Looks to me like the Project Row kiosk is a short ride away from the planned Southeast Line station at Elgin and Scott. That will be an excellent location for future kiosk, since it will make the Southeast Line more accessible to these folks. If the Universities Line ever gets built, a kiosk by the TSU station, at the west end of campus, would serve a similar purpose, just on a much farther out timeline. You know me, I’m all about linking bikes to transit. Two connected networks are better than two separate networks. There’s already a kiosk near the Dynamo Stadium light rail stop, which is the nearest neighbor to the Runnels location, so it’s already networked.

Ridership of Houston’s bike-sharing system, Texas’ first, continues to grow. After a quick expansion from three to 27 kiosks in less than a year, ridership jumped. Use peaked in July with 7,225 checkouts but fell to 4,053 the following month before rebounding slightly.

“The heat in August had an impact on the leisure riders primarily and the cold and wet weather in late November had a similar impact,” Rub said in an email.

I have not used my B-Cycle membership as much as I would have liked. My plan was mostly to use it during lunchtime to expand my dining options and also possibly for certain types of errands. I have done those things, just not very often. One obstacle that I haven’t figured out how to overcome is the helmet. I don’t like riding without one, so I have to plan to bring my helmet with me to the office if I plan to ride later. That has its own logistical issues, as I’m sure you can imagine. I do want to ride more as the weather warms up, so I need to get that sorted out.

Posted in Planes, Trains, and Automobiles | Tagged , , , , , , , , | 2 Comments

How Greg Abbott enabled the payday lenders

The Lone Star Project kicks it off:

Abbott’s Green Light to Predatory Lenders

Key AG document provided payday lenders a loophole to bilk Texans

Greg Abbott’s office issued the key document that has allowed payday lenders to operate outside of Texas usury laws and exploit Texans across our state. A letter issued from the office of the Attorney General carefully lays out that payday lenders in Texas can take advantage of a loophole used by credit service organizations to avoid Texas laws preventing unscrupulous lending. It is essentially a “how-to guide” for payday lenders to expand and grow their predatory lending businesses.

Payday lenders had been nervous about expanding their operations in Texas, but Abbott’s letter gave them the go-ahead they needed. The respected financial industry publicationAmerican Banker reported how payday lender Ace reacted to the Abbott letter:

“The Irving, Tex., company originally saw too much legal risk in the CSO setup, in which payday specialists can collect as much as 20% in fees for arranging a short-term loan from a third-party lender. But this month Texas’ attorney general, Greg Abbott, sent a letter to the state’s Office of Consumer Credit Commissioner saying that CSOs are permissible. So on an earnings conference call last week Ace said it will begin brokering loans as a credit service organization sometime in the next two quarters.” (American Banker, February 1, 2006)

Attorneys general in many states act aggressively to reign in abuse by predatory lenders like Cash America and ACE, but not Greg Abbott. In fact, Greg Abbott has been the payday lender industry’s facilitator and protector.

Abbott gave the green light, and pay day lenders hit the gas. Payday lender outlets have proliferated all across Texas during the Perry/Abbott era. In 2004, there were approximately 300 payday lenders in Texas. By 2011, there were over 3,000. Right now, there are more payday lending establishments in Texas than there are McDonald’s and Whataburger locations combined.

So, don’t look for Greg Abbott to jump on the bandwagon to get rid of William J. White or impose any more restrictions on predatory lenders, unless of course the payday lenders themselves or other Austin insiders give him the green light.

Background

Recent news reports have detailed that William J. White, the chairman of the Texas Finance Commission – the state agency intended to protect Texas consumers – attacked Texas consumers and defended predatory lenders over outrageous payday loans that result in borrowers being saddled with loan costs of sometimes more than 500 percent of the principal. White’s bottom line is that any Texan gouged by an unscrupulous payday lender is on their own and should blame themselves for their predicament.

State Senator Wendy Davis quickly and decisively called for White’s resignation.

Who is William J. White?

White is not just the chairman of the Texas Finance Commission, he is also vice president of Cash America, one of the largest and most notorious predatory lenders in the country. Cash America has hundreds of payday lending storefronts all across Texas, many of them right outside military bases where military families, who are often under financial pressure, are exploited. Earlier this year, Cash America was fined for abusive lending, and exploitation of military personnel was cited specifically. During the last legislative session, Cash America and other payday lenders spent over $4 million dollars lobbying the GOP-controlled Texas legislature.

Soaking Soldiers

A key target for predatory lenders is active-duty military personnel. It is no coincidence that payday lender storefronts proliferate around active-duty military bases and other installations. Holly Petraeus, head of the Office of Servicemembers Affairs at the Consumer Financial Protection Bureau, recently said that payday lenders congregate outside bases “like bears on a trout stream.” Current federal law is not sufficient to protect against predatory lenders, especially when state AGs like Abbott are predatory lender allies.

The El Paso Times fielded the ball:

Abbott’s campaign did not respond to a request for comment on Monday. It also has not responded when asked for more than a week whether Abbott believes the Texas payday lending industry needs to be reformed.

The El Paso City Council [debated on Tuesday] whether to enforce local limits on payday and auto-title lenders that in some cases charge annual interest at rates greater than 700 percent.

It and most other major Texas cities have passed ordinances in the face of unwillingness by the Legislature to place stricter limits on the industry.

Religious and charitable groups also have called for reforms of an industry they say traps poor people in a cycle of debt.

[…]

The concept of usury — unconscionably high interest rates — goes at least as far back as the Old Testament.

It’s also part of the Texas Constitution, which says that in the absence of legislation, interest rates in the state are limited to 10 percent a year.

Lenders that are licensed and regulated under Texas law face caps of their own. Commercial loans in most instances can’t exceed 18 percent except when the loan is greater than $250,000, when they can’t exceed 28 percent.

Auto loans can’t exceed 27 percent. Short-term loans by licensed lenders can’t exceed 150 percent and pawn loans can’t exceed 240 percent.

But the letter by the attorney general that was released Monday said fees associated with payday and title loans have no limits.

Emphasis mine. As PDiddie notes, the El Paso Times has led the way on this story. He also notes that recent Peggy Fikac column about Davis’ “oops” moment, in which her campaign got some campaign contribution figures confused. Abbott attacked her for that, and also for her vote to confirm William White in 2009. The difference between Davis and Abbott, as epitomized by Abbott’s snivelly refusal to answer a simple question, is that Davis recognizes that her initial action was in error, and is now willing to do something concrete about it. Abbott is just hiding behind a wall of “no comments”. That’s some kind of bold leadership right there. Meanwhile, also in the “let’s do something to fix what’s obviously broken” camp are Sens. John Whitmire, Rodney Ellis, and Sylvia Garcia, who joined the call for White to resign. Which won’t happen until Abbott and/or Rick Perry see that he’s a problem, too. Anyone want to bet on when that might happen?

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Judicial Q&A: Sandra Peake

(Note: As I have done in past elections, I am running a series of Q&As for judicial candidates in contested Democratic primaries. This is intended to help introduce the candidates and their experiences to those who plan to vote in March. I am running these responses in the order that I receive them from the candidates. You can see all of my interviews as well as finance reports and other information on candidates on my 2014 Election page.)

Sandra Peake

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

My name is Sandra Peake, and I am running for the 246th Family District Court

2. What kind of cases does this court hear?

This Court hears family law related cases: divorce, child custody disputes, child support establishment, enforcement and modification, adoptions, name changes, post divorce property disputes, etc.

3. Why are you running for this particular bench?

I am running for this particular bench because the Judge York is not seeking re-election. I wanted to have the experience of running for an open bench.

4. What are your qualifications for this job?

I have practiced before these Courts for the past 30 years and am sensitive to the unique issues that arise in family law cases, particularly giving consideration to the culturally and religiously diverse families who make up a significant proportion of the population in Harris County. The citizens of this county deserve consistent application of the law, courtesy and fairness. I am up to the challenge of ensuring judicial excellence by ruling decisively with impartiality; and, by respecting the time constraints of the litigants and their lawyers.

5. Why is this race important?

All of the races on the ballot are important. However, those races which are more likely to impact an average family, it is more likely than not that the average person will have occasion to have a case pending in family court because of the high rate of divorce and the number of children being raised in single parent households. Children will primarily reside with a parent or extended family member. Parents will get divorced, need post divorce changed circumstance modifications, enforcement of their existing orders. The definition of the family is constantly evolving and the statutes defining the family relationship will eventually evolve as well.

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

I think people should vote for me in the primary because I am an experienced family lawyer with over 30 years of experience handling the type of typically handled by family court judges. I have also mediated and number of cases and endorse alternate dispute resolution as a means of opening up the lines of communication between disputing family members. I believe I have run a principled practice with focus on not only the client being represented, but with goal toward how this particular family can be salvaged so that going forward, there is a working relationship if at all possible, for the children’s sake.

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Fifth Circuit pretends to hear HB2 appeal

We’re all sure what their decision will be, right?

Appellate judges on Monday challenged lawyers over provisions of Texas’ new abortion law and whether they have unduly caused the closure of about a dozen abortion clinics.

The three-judge panel of the U.S. 5th Circuit Court of Appeals bore down in particular on the shuttering of the only two abortion clinics in the Rio Grande Valley.

The lack of facilities is now requiring women seeking the procedure to travel about 150 miles to a Corpus Christi clinic.

State Solicitor General Jonathan Mitchell defended the state law, saying the state has a right to regulate medical practices as a way to promote women’s health.

“The law does not impose an undue burden,” he told the court.

[…]

Judge Edith Jones was openly skeptical of the abortion rights arguments, saying 150 miles to Corpus Christi did not seem to raise a high hurdle.

Jones said the speed limit along the highway was 75 mph, and it was a particularly uncongested roadway.

She also pointed out that while abortion rights groups argued more than one-third of the doctors would have to quit practicing because of the new law, some of those doctors have been able to obtain admitting privileges.

Clearly, any woman who doesn’t have access to a car or who doesn’t have an extra four-plus hours to spare on top of everything else doesn’t count. And hey, there’s at least one doctor and one clinic left – for now, anyway. What more do you complainers need? Really, the only question is whether Jones wrote her decision before oral arguments were made or not. She surely didn’t need to hear them to know what she was going to say.

Not that it would budge her set-in-stone mind, but it would do Edith Jones some good to read Lindsay Beyerstein’s report on what HB2 has meant to many women.

The Valley used to have two abortion providers — Whole Woman’s Health McAllen (WWHM) and Reproductive Services of Harlingen — but now it has none that currently offer abortions, because their doctors lack admitting privileges. (Emergency rooms are required to provide the same care to all patients, regardless of whether their doctors have admitting privileges there. While the doctors at WWHM are applying for privileges at local hospitals, Reproductive Services of Harlingen’s physician has already been turned down by all the hospitals in his area.) Even if Planned Parenthood wins its lawsuit, abortions will still have to be performed in ambulatory surgical centers by this time next year, which means that neither clinic can continue to operate in its current facility.

WWHM is the only abortion clinic in this border city of 134,000. Right now, according to WWHM’s Fatimah Gifford, if a woman in the Rio Grande Valley needs an abortion, she has to travel 240 miles north to San Antonio. Though Texas’ standard 24-hour waiting period is waived for women who live more than 100 miles from the nearest clinic, that allowance applies only to surgical abortions. To reach San Antonio via Highway 281, a woman has to pass through the Falfurrias border checkpoint, where the Texas Border Patrol will likely grill her about her immigration status, a daunting prospect for an undocumented woman seeking abortion care. Gifford says most of her undocumented patients won’t risk the trip.

A woman seeking a medication abortion must make three trips to San Antonio. A medication abortion, also known as a pill abortion, uses two drugs to induce a miscarriage in the first trimester. Under the new law, the first trip is for the ultrasound, consultation and the first pill, then she must return to the clinic 48 hours later for her second pill. Doctors who offer pill abortions in other states routinely give patients the second dose of pills to take home, but Texas law doesn’t allow it. Finally, she has to go back to the clinic 14 days later for a follow-up visit so that the same doctor can check to make sure that the drugs worked. Many abortion providers travel to clinics across the state or the country, which makes it difficult to ensure that the same doctor will be available for all three steps.

Planned Parenthood argued in court that this provision makes it so difficult for women to obtain abortions that it is equivalent to a ban, which has serious implications for the rights and health of women with existing conditions that make drug-induced abortion the only safe option.

Some women resort to self-induced medication abortions with the ulcer drug misoprostol, widely used in Latin America to terminate early pregnancies. Though it is available only by prescription in the United States, misoprostol can easily be purchased at pharmacies across the border in Mexico or at flea markets in the Valley. WWHM saw about one failed misoprostol self-induced abortion a day.

Andrea Ferrigno, WWHM’s vice president, said that if a woman arrives at the clinic after taking the pills for weeks and is still bleeding, doctors will typically complete the abortion if she’s still pregnant or clean out any residual tissue, as they would for a spontaneous miscarriage. Misoprostol is 85 percent effective, if administered properly, which suggests that many more women self-terminate and don’t need further medical attention.

I’ve noted the Misoprostol option before. You know what that’s going to mean: More calls for tightened border security. Because the Republicans who pushed HB2 care so much about women’s health. Irin Carmon, RH Reality Check, BOR, Texpatriate, and Texas Politics have more.

Posted in Legal matters | Tagged , , , , , , , , , | 1 Comment

Kinky and pot

The Trib talks to Kinky Friedman, making another run for Ag Commissioner as a Democrat, and his new signature issue.

Bi-polar and tri-partisan

Friedman, 69 — a singer, humorist, novelist and hawker of tequila — has tried, frequently, to add “elected official” to his résumé. But his celebrity status and unique charm have not translated into success at the ballot box, and that seems to be an itch he cannot help but scratch. He has tossed his iconic black cowboy hat into the ring for the race for agriculture commissioner with what he calls a clearer focus.

The campaign is his third run for statewide office in three cycles. A 1986 bid for justice of the peace in Kerrville is his fourth overall. In 2006, running as an independent, he placed fourth in a six-way race for governor. Four years later, he came up short in his first bid for the Democratic nomination for agriculture commissioner.

This time, he said, his campaign has a sense of mission that he lacked in 2010. Its central issue will be the legalization of marijuana, which he predicted could be the state’s biggest cash crop, financing solutions to a variety of the state’s problems.

“It’s a nonbinding referendum,” he said of his candidacy. “It’s bigger than just another conniving politician trying to worm his way into office. That’s not what’s happening here. What’s happening is, if I actually win this thing, the heat on this issue on the Legislature and whoever the governor is will be enormous.”

His two primary opponents are not taking the bait.

“I’m interested in grass, but it’s not that kind,” said Hugh Fitzsimons, a Democratic contender who raises grass-fed bison in Carrizo Springs. “To me, we have some serious, serious problems, and it’s primarily centered around water.”

Jim Hogan, a Cleburne farmer, responded similarly. “I don’t smoke it,” he said. “I don’t have anything to do with it. That’s the last I want to talk about it. I want to talk about raising cattle, trees, goats, tomatoes and peppers.”

No Democrat has won a statewide race in two decades, so whoever emerges from the primary will be considered an underdog against the winner of the Republican primary, which has five candidates. Two Libertarians are currently locked in a primary of their own.

Friedman speculated that having two primary opponents might aid his prospects by splitting the anti-Kinky vote — the existence of which he is aware.

“Politicians like the word gadfly,” he said. “They use it as a negative. They use it with me sometimes — usually Democrats who don’t take me seriously. But if you had a gadfly buzzing around some of this, it wouldn’t hurt a thing. It might help.”

As you know, I have been a member of the anti-Kinky caucus. This year, as you also know, I’m somewhat more willing to hear what he has to say. Back in November, the Houston Press had a cover story on Friedman and his pot-centered candidacy for Ag Commissioner. Reading it at the time, I had to admit that so far at least he’s saying the right things.

Of course, Friedman’s sincerity was immediately questioned. The day of his official announcement, Republican candidate Eric Opiela quickly issued a press release that characterized Friedman’s candidacy as a joke, saying, “The issues facing Texas are serious. Our Agriculture Commissioner should be too.”

“We need an agriculture commissioner,” added Opiela, “who will focus on jobs, not jokes; drought, not drama and water lines, not punch lines.”

Yes, it was that scripted and wooden.

Eye roll from Friedman, who says he expected GOP candidates would take a dismissive tack in responding to his candidacy.

“But if they really weren’t worried about me, I don’t think they’d have started attacking me immediately.”

“Look, I’m 69, I don’t have time for stunts,” the musician, novelist, cigar and salsa salesman, tequila distiller, former Peace Corps volunteer and maverick politician explains as he walks up the Drag in Austin puffing his trademark cigar. “I’m dead serious about this run and about pushing for legalization. Marijuana is at the heart of a crucial matrix that, if we can get it straightened out and in motion, will become a great economic engine we can use to solve some of the biggest problems we face as a state.

“It’s time Texans asked themselves: Are we going to secede or are we going to lead?”

As long as he’s using his one-liner power for good and not for self-aggrandizement, it’s a win. I would also point out that marijuana has more to do with the office of Ag Commissioner than abortion has to do with the office of Railroad Commissioner. And if there’s anyone on the statewide ticket that I’d be okay with talking about pot, it would be Kinky. Again, he’s saying the right things.

“The governor and his cronies want to talk about reducing the size of government?” says Friedman. “Well, why are they all for these for-profit prison operations? How does putting 70,000 people in those private jails help us? Keeping pot illegal and jailing users for profit, this doesn’t help the people of Texas; this helps the outlaws who operate the illegal drug business and don’t pay taxes. How smart is that?”

“Look at history, look at what happened when Prohibition was lifted,” he continues. “The turf wars were over because the criminals lost their source of revenue. The legitimate liquor companies got stronger, and that’s a vigorous, profitable industry today that results in significant tax revenues. I think the same thing will happen when we legalize marijuana.”

As for how it plays out if he actually wins the election, Friedman sees a fairly quick move by the legislature to legalize the drug.

“Politicians move with the voters,” he observes. “If I win this running on legalizing marijuana, I think you’ll see a lot of position-shifting on the issue and a scramble to see who gets a bill onto the Governor’s desk first.”

I’m not sure about that, but I am sure that a larger push to at least decriminalize pot is coming, and it’s just a matter of time before the politicians realize they need to get on board with it. That could be a long time from now, of course. If you listened to my interview with Sen. John Whitmire, he thinks legalization won’t happen during his lifetime, and he’s a few years younger than Friedman. I personally think Sen. Whitmire is a bit too pessimistic – I mean, back in 2005 when we were enshrining a ban on same sex marriage in the state constitution, who thought we’d be where we are on that issue now? – and Friedman is a bit too optimistic. Where the truth is between those two, I don’t know. And again, credit where it is due, Kinky is saying the right things.

The rest of Friedman’s economic engine involves farming hemp (a non-potent form of marijuana) for industrial use and export while realizing significant water conservation gains due to hemp’s low water requirement vis-à-vis cotton; reducing insecticide use — hemp is essentially a weed and insects aren’t interested; and opening casinos so Texas money stays in Texas.

“I’ve never understood why we give all this money to other states,” Friedman shakes his head. “We’re just waving good-bye to the money for school improvements and roads, for mass transit, money we can put into drought remediation, into water-conservation projects, stuff this state is crying out for. What are we thinking?”

Friedman says the last couple of years, all the governor and attorney general have done “is rant about Obama” and spend hundreds of millions of dollars in state money challenging federal laws to appeal to their right-wing voting base.

“They can call my campaign a joke, but if the Republicans have any answers to the great problems this state faces, why haven’t they implemented them instead of obsessing about women’s reproductive systems or gay marriage?” he notes. “They’ve had total control of this state almost 20 years now, but nothing is getting fixed.”

I’m a realist. I haven’t forgotten 2006, and I haven’t forgotten the many instances of Kinky Friedman saying ugly things. He’s a risk to go off at any time, and if he does so as a Democratic nominee, you can be sure the Republicans will use that against the rest of the ticket. Given the racial nature of some of his past comments, I’d be very concerned about Friedman turning off voters of color, who Dems need to turn out in droves this fall. If he sticks his foot in his mouth the Republicans will be all over it, and will force Wendy Davis and Leticia Van de Putte to renounce him in a way that Greg Abbott will never do with his more controversial supporters. It’s a risk putting him on the same ballot with Davis and LVdP. By the same token, Friedman will have vastly more name ID and potentially more crossover appeal than whichever low-wattage Republican wins that primary. He’ll generate news like that Trib story by virtue of who he is and the under-rated support for the issue he’s flogging. If Davis were a solid favorite to win in November, I wouldn’t touch him with a ten foot pole. But underdogs need to take risks, and Kinky has enough upside to at least be worth considering. Hugh Fitzsimons is clearly a serious candidate that’s worth a good look, but as of today I am leaning towards a vote for Kinky Friedman, which is not something I would have said four years ago or eight years ago. That could change tomorrow, so check with me again before early voting begins.

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SCOTUS halts same sex marriages in Utah, for now

Bummer.

RedEquality

The U.S. Supreme Court on Monday put same-sex marriages in Utah on hold, granting the state’s request for a stay while it appeals a ruling that laws banning such marriages are unconstitutional.

The court said the stay would be in place until the 10th Circuit Court of Appeals in Denver makes a decision on Utah’s appeal.

The state’s stay application was filed with Justice Sonia Sotomayor, who referred it to the whole court, according to the order issued Monday. Sotomayor is assigned to the 10th Circuit Court, which rejected Utah’s request for a stay three times.

U.S. District Court Judge Robert J. Shelby also denied the state’s request that he stay his Dec. 20 order overturning Amendment 3 while Utah appealed.

The order from the U.S. Supreme Court means clerks in Utah no longer will be allowed to issue marriage licenses to same-sex couples. It is not immediately clear what the order means for couples who have already married.

Utah Attorney General Sean Reyes, who met briefly with reporters Monday, said that this was the “uncertainty” the state hoped to avoid with a stay.

“We don’t know the answer yet as to marriages already performed,” Reyes said, adding that the state wants to carefully evaluate the implications. “There is not clear legal precedent for this particular situation.”

[…]

At least 1,000 same sex couples have wed since Shelby’s ruling. Though it isn’t clear how the stay might affect those unions, making them no longer legal would be unprecedented, said Clifford Rosky, a University of Utah law professor and Equality Utah board chairman.

“Ultimately, the courts will decide what happens to those marriages,” said Rosky, but “never in the history of this country has a court retroactively invalidated a marriage that was legal when it was entered.”

Well, we’ll see if there’s a first time for everything. Lyle Denniston provides some more information.

The Court’s order reinstates the state ban and will keep it intact until after a federal appeals court has ruled on it.

The order appeared to have the support of the full Court, since there were no noted dissents. The ruling can be interpreted as an indication that the Court wants to have further exploration in lower courts of the basic constitutional question of state power to limit marriage to a man and a woman. Had it refused the state’s request for delay, that would have left at least the impression that the Court was comfortable allowing same-sex marriages to go forward in the thirty-three states where they are still not permitted by state law.

The order, however, cannot be interpreted as a dependable indication of how the Court will rule on the issue when it finally decides to do so directly.

[…]

As a result of the new order, the U.S. Court of Appeals for the Tenth Circuit, based in Denver, will go forward with an expedited review of Judge Shelby’s decision. The appeals court has ordered briefing to begin on January 27 and to be completed by February 25. It has indicated it is not likely to grant any extensions of time to file those documents. It has not yet set a hearing date.

With the Justices’ order in the case, it now appears almost certain that the question of state power to bar same-sex marriages will not be before the Justices during the current Term. A case on that issue would have to be granted this month to be reviewed before the Court is expected to finish this Term in late June.

So now the Texas case will be heard with Utah back in the no-same-sex-marriage column. Again, we’ll just have to see what effect that will have. I was cynical at first thanks to the inevitable involvement of the Fifth Circuit, then I was ebullient, and now I’m disappointed but still hopeful. Sorry for the whiplash. While I remain guardedly optimistic, here’s a reminder from TPM that we may yet be a long way away from a favorable resolution. SCOTUS will do what it wants to do, as anyone familiar with Bush v Gore can attest. In the meantime, keep the faith and keep fighting.

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Interview with Sen. John Whitmire

Sen. John Whitmire

Sen. John Whitmire

There’s never much of an offseason for campaigns. The city elections are finally behind us, and believe it or not we’re six weeks out from the start of early voting for the 2014 primary elections in Texas. I was busy over the holidays getting started with interviews for various contested primaries, and while I don’t know how many I’ll wind up doing when all is said and done, there are some races that I definitely plan to target. None are bigger or more closely connected to me than the primary in my Senate district, SD15, which pits longtime Sen. John Whitmire against challenger Damian LaCroix. I trust everyone is familiar with Sen. Whitmire, who has served in the Legislature since 1973, served in the Senate since 1983, and who has chaired the Criminal Justice committee since 1993. Sen. Whitmire had a lot to say in the interview, so much so that I hardly had to ask any questions. He just got on a roll and went places that I wouldn’t have known to ask about if I’d been directing things. The interview was long enough – 68 minutes all told – that the resultant MP3 file was too large to upload to my webhost. Rather than do surgery on it and risk messing it up, I went and created an account on SoundCloud and uploaded it there. Here’s the interview:

Greg had pointed me to SoundCloud after the last web-based audio player I used went extinct, but this is the first time I’ve tried it. Let me know what you think, if you like this better than what I’d been doing I’ll keep using it. If not, then I’ll just save it for future extra-long interviews.

You can see all of my interviews as well as finance reports and other information on candidates on my 2014 Election page.

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Stockman and Bitcoin

Somehow, this doesn’t surprise me.

U.S. Rep. Steve Stockman, a Friendswood Republican with a history of flouting campaign finance laws, entered a new legal gray area this week when he announced his campaign can now accept donations in Bitcoin, a private virtual currency.

Stockman, who is challenging U.S. Sen. John Cornyn of Texas in this year’s Republican primary, was attending an event promoting the NYC Bitcoin Center in New York’s financial district earlier this week when he told a reporter with Business Insider that his campaign could now accept Bitcoin donations. Stockman appeared to confirm the report by posting it on Facebook and Twitter.

Stockman isn’t the first politician to embrace Bitcoin, though he may be the first elected official to do so. Among the legal concerns about Bitcoin campaign donations is that the virtual currency makes it easier to make donations anonymously; federal campaign finance laws require candidates to reveal the names of their contributions. Few businesses currently accept Bitcoin though acceptance has been growing over the last year.

A spokesman with the Federal Elections Commission could not say whether Bitcoin donations are legal. In November, the FEC considered whether to explicitly allow federal candidates and political action committees to accept Bitcoin donations as in-kind donations. The committee deadlocked, 3-3. The commission has not taken up the issue since the November vote, a spokesman said.

Whether Stockman has actually received any Bitcoin donations is unclear. As of Friday morning, his campaign website’s donation page made no mention of Bitcoin. However, in a photo that has circulated online since Tuesday, Stockman is seen at the NYC Bitcoin Center event holding a poster with a scannable QR code on it. The code is a link to a Bitcoin account, but it is not clear if the account is Stockman’s campaign fund. Since Tuesday, the account has received Bitcoin payments worth more than $200.

When asked about the QR code in the photo in an email, NYC Bitcoin Center spokesman Hamdan Azhar wrote back, “Congressman Stockman’s office would probably be best suited to address your question.” A Stockman spokesman has not responded to inquiries about the QR code or whether the campaign has received any Bitcoin donations.

Fine by me if he wants to do that. He can collect Bitcoins, gold bullion, or live chickens as far as I’m concerned, as long as he meets the disclosure requirements. Given that this is Steve Stockman we’re talking about, I don’t have a whole lot of faith in that. But as a matter of philosophy I have no problems with this. As with contributing via text messages, I welcome these innovations as long as proper disclosure is made and all other relevant campaign finance laws are followed. I doubt Bitcoin donations will make any difference to Stockman’s campaign, but hey, a guy can dream if he wants to.

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