The new year has kicked off with a bang—read on for information about the impending sexual assault audit survey, domestic terrorism, ethics, pro tem appointments, interim legislative hearings, and more.

An important message from our friends at the State Auditor’s Office

As required by House Bill 1, which was approved during the 2019 Texas legislative session, the State Auditor’s Office (SAO) is conducting an audit to examine the investigation and prosecution processes for reported adult and child sexual assaults in Texas during calendar years 2014 through 2018. As a part of that audit, we are conducting a survey to collect information from district attorneys’ offices about their process for prosecuting sexual assault crimes. The survey includes questions on collecting information about the district attorneys’ offices, the prosecution process, and feedback about opportunities for and challenges to improving the sexual assault prosecution process.

A link to a Web-based version of the survey will be sent to all felony prosecutor offices via email on Monday, February 10, 2020, and it will be accessible through Friday, March 20, 2020. We anticipate the survey will take about 20 minutes to complete. SAO audit staff will be available to answer any questions about the survey and may periodically follow up with your office to ensure that we have received your survey responses.

Please note that the responses to the survey are considered an audit working paper of the SAO and are confidential and exempt from public release under the Texas Public Information Act (Texas Government Code, Section 552.166). Your responses to the survey will be compiled and analyzed along with responses received from other district attorneys’ offices. Those responses will be summarized at a statewide level and included in the SAO’s final audit report that will be released no later than November 1, 2020. If your office has any questions about the survey, please contact us at [email protected] or call Thomas Mahoney at 512-936-9500.

Domestic terrorism

Lubbock County CDA Sunshine Stanek has been appointed to the Governor’s Domestic Terrorism Task Force. She is currently working on a multi-agency collaborative effort to propose language creating a state domestic terrorism statute which would address threats and other substantial steps towards attacks of mass violence. If you or people in your office have given any thought to this problem or have ideas you would like to share with her, please contact her at [email protected] or (806) 775-1105.

Ethics opinion comments sought

As part of its new practice of posting proposed ethics opinions for public comment before issuing those opinions, the Texas Supreme Court’s Professional Ethics Committee (which writes ethics opinions for members of the State Bar of Texas) is seeking input on proposed opinion no. PO-20-2, which concerns the disclosure and discovery duties of a criminal defense attorney who possesses evidence of a crime. To review the question and proposed answer and to submit a comment, use this link. (And note that a similar solicitation has been sent to TCDLA as well.)

Prosecutor pro tem appointments

In case you missed it, the Office of Attorney General issued a reminder earlier this month related to the appointment of their lawyers in local cases; the full text of the message is available on our website here.

Interim committee hearings

The looming primary elections have the attention of most legislators right now, but committee hearing notices are beginning to trickle out from Austin. Here are current postings that might interest some of you (click on the title link for more details):

House Committee on Ways & Means
Wednesday, February 5, 2020, at 10:00 a.m.
Capitol Extension Room E2.012, Austin, TX
Topics: Use of third-party tax collection firms by local governments

House Committee on Higher Education
Tuesday, February 11, 2020, at 11:00 a.m.
Capitol Extension Room E2.026, Austin, TX
Topics: Sex crimes on campus; hazing

Senate Committee on Veterans Affairs & Border Security
Monday, February 24, 2020, at 1:00 p.m.
Harlingen Convention Center, Harlingen, TX
Topics:  Veteran treatment courts, veteran health care, and veteran mental health

Senate Committee on State Affairs
Wednesday, February 26, 2020, at 10:00 a.m.
Senate Chamber, Austin, TX
Topics: Human trafficking; Second Amendment; personal property theft

Senate Committee on Transportation
Wednesday, February 26, 2020, at 10:00 a.m.
Capitol Extension Room E1.016, Austin, TX
Topics: Traffic fatalities (including by intoxication); monitor new legislation

If after reading a posted notice online you still have questions, contact Shannon for more information.

Crimes Against Children Conference

Online registration for our Crimes Against Children Conference is now open. The course will be held in mid-April at the Omni Westside Hotel in Katy, just west of Houston. For more information or to sign up online, visit https://www.tdcaa.com/training/crimes-against-children-conference/.

Quotes of the Month

“They legalized a plant that has a distinction that’s invisible to everyone except a machine. [My client] got searched because they smelled marijuana. Well, they can’t smell marijuana anymore. They can smell cannabis.”          
            —Adam Tisdell, a criminal defense attorney in Amarillo representing a man who spent a month in federal detention for transporting more than three thousands of pounds of legal hemp initially thought by the arresting officers to be illegal marijuana (until crime lab reports eventually proved otherwise). His client now intends to sue for wrongful arrest.

“What the hemp bill has done is to create change at the local level in Texas; it’s got people talking about cannabis not in a scary way but in a practical way that highlights just how harsh and unreasonable our current policies are.” 
            —Heather Fazio, director of Texans for Responsible Marijuana Policy, in an article discussing efforts of some Austin city council members to ban local police from using city funds for lab testing of suspected marijuana.

“I was surprised by news reports today indicating there may be support for abandoning the long-time democratic practice of partisan election of judges by the Texas Commission on Judicial Selection …. Texans feel strongly about voting for their judges. The commission will need to make a compelling argument to the people and legislators to change the current system. I do not believe that support exists today.”
            —Lt. Gov. Dan Patrick (R-Houston), in a press release raining on the parade of anyone who wants to move away from the popular election of judges in Texas.

“Since about 2008, 2009, the instances in which AGs have refused to defend state laws has really increased pretty dramatically, and I think that’s a reflection of increased polarization both in American society in general, as well as amongst the AGs specifically.”
            —Paul Nolette, associate professor at Marquette University, commenting upon Attorney General Ken Paxton’s refusal to represent the Commission on Judicial Conduct, which is being sued for sanctioning a judge who refuses to officiate over same-sex marriages.

“It is quite unfortunate that so few people do show up for something that was considered to be such an important aspect of our liberty.”
            —Charles “Rocky” Rhodes, constitutional law professor at South Texas College of Law, commenting upon a recent Houston Chronicle story on the low jury summons appearance rates in Harris County (just 22 percent in 2019).

“I think small towns like [Channing] are going to finally dry up. People want to be where the action is, seems like. I don’t like action. I like the slower pace.”
            —Bob Cates, retired Panhandle cowboy and caretaker of the XIT Ranch general office (and unofficial museum) in Channing (Hartley County), Texas.

“The things you see as a prosecutor, you can’t un-see. The way you recover from that is through hope. My job is to comfort and offer encouragement, and to suggest to them there is hope out there.”
            —Walt Merrell, Covington County (AL) DA, on his new role as chaplain for the Alabama District Attorneys Association, a position created to help prosecutors in that state deal with the trauma and heartbreak they encounter on their jobs.

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With most courthouses closing up shop for the holidays, we are sending this, our final missive of year, ahead of the holiday break and closing the books on 2019 as well. It’s been a wild year in Austin! Happy holidays and happy new year to all of you, and here’s to Santa leaving something boring and uneventful in our collective stocking for the new year.

New leadership for 2020

Please congratulate the following members on being promoted or selected to new board positions at TDCAA’s annual business meeting earlier this month:

Chairman of the Board: Jarvis Parsons, DA for Brazos County
President: Kenda Culpepper, CDA for Rockwall County
President-Elect: John Dodson, CA for Uvalde County
Secretary/Treasurer: Jack Roady, CDA for Galveston County

District Attorney-at-Large: Julie Renken, DA for Washington County
Assistant Prosecutor-at-Large: Tiana Sanford, ADA for Montgomery County
Region 3 Director: Ricky Thompson, DA for Nolan, Fisher, and Mitchell Counties
Region 5 Director: Bob Wortham, CDA for Jefferson County
Region 6 Director: Greg Willis, CDA for Collin County
Region 8 Director: Natalie Cobb Koehler, CA for Bosque County

Thank you to all who ran for an association office, win or lose! TDCAA is a member-driven association and we cannot fulfill our service mission without your active involvement and support.

Start your engines

Now that the election filing deadline has passed, we have started compiling prosecutor election information for 2020. Of roughly 170 potential contested elections at the felony prosecutor level, we have found 25 primary contests and just three contested general elections. That means most of the uncertainty at the felony level will be over by March* (*offer not valid for run-offs). In the new year, we’ll start compiling information on local county attorney elections and let you know how that looks too.

Statewide sexual assault audit

Those of you who attended our Elected Prosecutor Conference earlier this month heard staff from the State Auditor’s Office describe their plans for a legislatively-mandated audit of recent sexual assault cases. As promised, the agency has now released its planned methodology for that audit, which can be accessed at https://www.sao.texas.gov/Reports/Main/20-014.pdf. Read that short memo for an overview of this process and look for more information in our next update on the impending survey that all felony-level prosecutor offices will be asked to complete.

Prosecutor Trial Skills Course coming up

TDCAA’s next Prosecutor Trial Skills Course is open for registration! Join us in Austin from January 12–17, 2020, for this weeklong event—it is the perfect training for both new prosecutors and more seasoned prosecutors looking for a refresher. We have already received more than 100 registrations but we have room for plenty more people, so click here for more information and to register yourself or your new attorneys online.

Quotes of the Month

“In my school, a lot of kids don’t like being sober. They have to have a buzz. They have to be high.”
            —Anonymous 16-year-old student at La Porte High School who was disciplined for skipping class with other students suspected of vaping THC, an increasingly common problem for Texas schools and one that has been complicated by the state’s new hemp law.

“If I don’t do it, who will? If not me, who will find these children?”
            —Investigator with the Child Exploitation Investigations lab housed in ICE’s Homeland Security Investigations section, in an article about the difficult child pornography cases cracked by that unit.

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            With the upcoming holiday week expected to be a slow one for news (and for office attendance), we are sending out this monthly update a week early to give you something to chew on while you are enjoying time with family and friends.

No news is good news?

            Frankly, we’re hard-pressed to think of any urgent legislative news to pass along this month. Perhaps that’s the beauty of a legislature that takes long interims between sessions—although it may also have a little something to do with the fact that campaign filings started this month. (P.S. For those of you on the ballot next year … good luck!)

NOTICE: TDCAA Annual Business Meeting

            The Texas District and County Attorneys Association will hold its Annual Business Meeting in conjunction with the Elected Prosecutor Conference on Wednesday, December 4, 2019, at 5:00 p.m. at the Lakeway Resort and Spa in Lakeway, Texas. The agenda will include the election of officers for terms beginning on January 1, 2020.  The board positions to be selected are President-Elect, Secretary/Treasurer, District Attorney-at-Large, Assistant Prosecutor-at-Large, and Regional Directors for Regions 3, 5, 6, and 8 (use the search bar on our website to see the counties in those regions).

            Last week, the Nominations Committee met and forwarded the following nominations to the full membership for consideration at the annual business meeting:

President-Elect: John Dodson, Uvalde County Attorney
Secretary/Treasurer: Jack Roady, Galveston County Criminal District Attorney
District Attorney-at-Large: Julie Renken, Washington County District Attorney
Assistant Prosecutor-at-Large: Tiana Sanford, Montgomery County Assistant DA 

For more information, contact Rob Kepple.

Elected Prosecutor Conference

            Our 2019 Elected Prosecutor Conference will be held at the Lakeway Resort & Spa just west of Austin the week after Thanksgiving. In addition to a curriculum that includes topics such as the rise in domestic terrorism, responding effectively to cases of domestic violence and adult sexual assault, and the latest information from the DPS crime labs, we are also scheduled to recognize Lt. Gov. Dan Patrick (R-Houston) and State Rep. Andrew Murr (R-Junction) for their work on DWI-related legislation (among other policy work) last session. Registration information is available here; sign up today and help us show appreciation of their hard work!

            Note that immediately prior to the Elected course, TDCAA is offering a special Prosecutor Management Institute (PMI) Course designed specifically for elected prosecutors. Click here for information regarding that stand-alone course.

Prosecutor Trial Skills Course coming up

            TDCAA’s next Prosecutor Trial Skills Course is open for registration! Join us in Austin from January 12–17, 2020, for this weeklong event—it is the perfect training for both new prosecutors and more seasoned prosecutors looking for a refresher. Click here for more information and to register online.

Quotes of the Month

“Some might have overestimated the degree to which horrific shootings move public opinion.”
            —James Henson, head of the Texas Politics Project at UT-Austin, interpreting the results of one of its recent polls that shows most of the Republican voters they polled are opposed to a so-called “assault weapon” ban.

“People are tired and fed up that those in control—and at this point in time, Republicans—are doing nothing about this. Virginia Tech happened 12 years ago and people thought there would be something. … [T]he voters are fed up and demanding change. If we can’t change the laws, we’re going to change your seats.”
            —Lori Haas, Virginia state director of Stop Gun Violence, in a Houston Chronicle article on how gun control groups hope to use recent electoral victories in that state to achieve similar changes in Texas.

“I think as a state we’ve become very numb to it. This is probably one of the most deadly [sic] situations we have in the state, and it’s one of the most controllable situations we have in the state. Ninety percent of the deaths that we’ve had over the [last] 19 years are preventable.”
            —Laura Ryan, a member of the Texas Transportation Commission, referring to the more than 67,000 people who have died on Texas roadways since November 7, 2000, the state’s last day with no traffic fatalities.

“I think the closest analogy to CBD is caffeine. I really believe it’s kind of ‘the caffeine of the 21st Century.’ And, you know, what are the biggest caffeine companies? It’s Starbucks, it’s Red Bull, et cetera. And they don’t market caffeine. They market the feeling that the compound enables, which kind of inspired our approach. … We’re saying Recess is an antidote to modern times. The idea is like, ‘The world’s gone crazy, and we all need a Recess.’”
            —Benjamin Witte, founder and CEO of Recess, a CBD-infused sparkling water brand sold on the East Coast and in California, explaining how he thinks the cannabis-related industry should market its products.

“We are legalizing marijuana before we can actually finish studies that take 10 to 20 years to complete to find out that answer. To some degree we have opted to do the experiment on ourselves as a society and see what results. … [I]t’s not called ‘dope’ for no reason.”
            —Dr. Hans Breiter, a professor of psychiatry at Northwestern University Feinberg School of Medicine, in an article discussing the challenges of determining a driver’s impairment from recreational marijuana, which will be legal in Illinois as of January 1, 2020.

“People come from all over the country to come to Austin because it’s famous. This is a famous place to live on the streets. Everybody knows that. If you want to live on the streets, go to Austin. You don’t even have to buy food. Everybody feeds you, give you money. You can party. It’s a blast, man!”
            —Unidentified homeless man interviewed by Fox News correspondent Aishah Hasnie as part of her story on state efforts to clean up homeless camps in the state capital.

“The news is true. It is why I chose not seek re-election. I had imperiled my health. I do not have anyone to blame but myself. I accept this because it is true and it will help me get better. … In a weird way I am grateful. Grief and addiction were consuming me, but oddly enough, I feel better now than I have in a long time, and I mean that. … I have many relationships to repair, starting at home, and I intend to seek treatment. I apologize to each and every person that feels I have let them down. I look forward to a future with my family and friends, to being healthy, and finally, home.”
            —Statement by State Rep. Poncho Nevarez (D-Eagle Pass), chairman of the House Homeland Security and Public Safety Committee, upon publication of the news that he has been charged with POCS (1–4g) in Travis County after an envelope he dropped at a private airport terminal in Austin was found to contain cocaine.

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            Tonight’s freezing Halloween #protip: Stay home, light a fire in your fireplace, and eat your own candy.

NOTICE: TDCAA Annual Business Meeting

            The Texas District and County Attorneys Association will hold its Annual Business Meeting in conjunction with the Elected Prosecutor Conference on Wednesday, December 4, 2019, at 5:00 p.m. at the Lakeway Resort and Spa in Lakeway, Texas. The agenda will include the election of officers for terms beginning on January 1, 2020.  The board positions to be selected are President-Elect, Secretary/Treasurer, District Attorney-at-Large, Assistant Prosecutor-at-Large, and Regional Directors for Regions 3, 5, 6, and 8 (see map, below, for regional boundaries).

            Last week, the Nominations Committee met and forwarded the following nominations to the full membership for consideration at the annual business meeting:

President-Elect: John Dodson, Uvalde County CA
Secretary/Treasurer: Jack Roady, Galveston County Criminal DA
District Attorney-at-Large: Julie Renken, Washington County DA
Assistant Prosecutor-at-Large: Tiana Sanford, Montgomery County Asst. DA

For more information, contact Rob Kepple.

Lame duck Speaker

            By now, we assume all of you have seen the big news from Austin: Speaker Dennis Bonnen (R-Angleton) will not run for re-election following multiple public “no confidence” statements from former supporters on both sides of the political aisle. Those statements followed the release of a surreptitious recording of a private meeting at which the speaker made several controversial statements—both personal and political—to the CEO of Empower Texans, a right-wing PAC. (For more details on this saga, read this recap by the Texas Tribune and this discussion of the resulting criminal investigation by the Texas Monitor.) Your news source of choice will no doubt have its own hot take on these recent developments, but allow us to point out some aspects of this story that might not be covered in detail by those sources.

            For starters, we note that this was the first time the legislature’s new public integrity system (adopted in 2015) was invoked in a case in which a legislator was a potential suspect. While the situation was resolved in a manner that did not result in a criminal prosecution, the fact that the Speaker’s retirement announcement came just two days before his local district attorney declined to file charges led to immediate—and wholly unsubstantiated—claims by some political opponents that “the fix was in,” implying that the speaker avoided prosecution by agreeing to eventually step down. Leaving aside the fact that such agreements may be a just result in a particular case, this politicization of the prosecutor’s decision should serve as a reminder to all of you of how sticky these public integrity cases can be. In light of those complications, we want to commend Brazoria County Criminal DA Jeri Yenne and her office for their professional conduct in this investigation and encourage you to read her public letter explaining her decision.

            Second, among the many reasons Speaker Bonnen lost support among his own party was his controversial anti-local government commentary. The speaker was recorded referring to certain city and county officials as “dumbasses,” and he and State Rep. Dennis Burrows (R-Lubbock)—who has resigned from his position as chairman of the House Republican Caucus but is still seeking re-election to his House seat as of now—both bragged about how much they “hated” local government officials. (Yes, that is the word they used.) All of this was in the context of their professed desire to pass a ban on taxpayer-funded lobbying, which—as we’ve told you before on multiple occasions—(1) is not limited to hired-gun lobbyists but also includes professional associations like TDCAA, TAC, and TML, and (2) is sought by certain conservative and libertarian activists who want to silence opposition to their policy proposals for property tax restrictions, school vouchers, and certain criminal justice “reforms” like eliminating civil asset forfeiture or grand jury secrecy, among other ideas. The speaker’s display of animosity on the secret recording toward local officials had the potential to make things very uncomfortable for other House Republicans seeking their endorsement for the upcoming elections, so his retirement announcement is seen by some observers as an olive branch to assuage local officials’ fears. You’ll have to judge the sincerity of your local legislators for yourself, of course. All we will add is to note that this recording is yet further proof of the validity of that old saying that “just because you are paranoid doesn’t mean you are wrong!”

            So … what’s next? Speaker Bonnen is still the speaker for another 14 months, meaning he has the power to appoint committee chairmen (such as a replacement for the recently retired chairman of the Appropriations Committee), assign committees interim charges to study, and perform other ministerial acts. However, all his decisions now have an expiration date, and House members will operate under a cloud of uncertainty between now and January 2021. As a result, all bets are off when it comes to making predictions about the politics or policy of the 86^th Regular Session that begins that month. If anything, this change only heightened the significance of the 2020 elections (if that is possible).

Senate’s interim charges

            Meanwhile, over on the quiet side of the capitol rotunda, the lieutenant governor issued his list of interim charges for various senate committees to tackle over the next 14 months. The full list of more than 100 topics is available here. Some of the more interesting (listed by committee) include:

Criminal Justice: Crime victim support, gang violence, implementation and use of deferred adjudication for DWIs
Health & Human Services: DFPS investigations and parental terminations, Medicaid fraud
State Affairs: Human trafficking prevention, taxpayer-funded lobbying, lobby registration exemptions (such as for government employees), misdemeanor theft prosecutions, court costs
Transportation: Reducing traffic-related collisions and fatalities (including those caused by intoxication)
Veterans Affairs & Border Security: Expansion of veteran treatment courts, border security technology and information-sharing
Water & Rural Affairs: Implementation of HB 1325 (hemp legalization)

We will update you on relevant interim hearings throughout 2020, but if you have specific questions about any of these issues, don’t hesitate to contact Shannon for more information.

Ring out the year with one last CLE

            Our 2019 Elected Prosecutor Conference will be held at the Lakeway Resort & Spa just west of Austin. The curriculum will include topics such as the rise in domestic terrorism, responding effectively to cases of domestic violence and adult sexual assault, the latest information from the DPS crime labs, and numerous opportunities for networking and solution-sharing. Registration information is available here.

            Note that immediately prior to the Elected course, TDCAA is offering a special Prosecutor Management Institute (PMI) Course designed specifically for elected prosecutors. Click here for information regarding that stand-alone course.

Quotes of the Month

“There isn’t a person who is over 45 growing up in Texas—even in metropolitan areas—who didn’t have trucks in the high school parking with a gun rack in ’em, because every boy went hunting in the fall. It wasn’t the ‘killing machine’ that it is today. The philosophy has very much changed.”
            —Karen Funk, athletic director for North East ISD in San Antonio, quoted in an article on how gun violence is changing Friday night football culture in Texas.

“There is much more that we don’t know about cannabis and CBD than we do know.”
            —Kevin Hill, addiction psychiatrist and assistant professor of psychiatry at Harvard Medical School, in an article on a recent British study that found scarce evidence to support claims that cannabis use improves certain mental health disorders.

“They are a group that you are fooling yourself and you are not respecting your constituents, you are not respecting this institution, if you are chasing their wants and their desires because you will never meet their wants and their desires.”
            —Texas House Speaker Dennis Bonnen (R-Angleton), quoted in an interview on May 27, 2019, in reference to right-wing political action group Empower Texans. (He would meet privately with Empower Texans’ CEO two weeks later, a decision leading to the eventual end of his tenure at the legislature.)

Transcript excerpt (page 34) from the private meeting between Speaker Bonnen, then-House Republic Caucus Chairman Rep. Dustin Burrows, and Michael Quinn Sullivan of Empower Texans on June 12, 2019 (secretly recorded by Sullivan):
Speaker Bonnen:        “I’m that much closer to passing [a ban on] taxpayer-funded lobbying. Let me tell you something … any mayor [or] county judge who was dumbass enough to come meet with me [last session], I told them with great clarity, ‘My goal is for this to be the worst session in the history of the legislature for cities and counties.’”
Rep. Burrows:             “I hope next session is even worse.”
Speaker Bonnen:         “And I’m all for that.”

Another transcript excerpt (pages 42–43):
Rep. Burrows:             “So, [banning] taxpayer-funded lobbying is the benchmark for next session. … [W]e’re going to spend the entire interim trying to expose what those dollars are being used on, try and get public support built around it, and we want to come back and take [away] taxpayer-funded lobbying.”

“I knew when I requested this [public integrity investigation] that there are no winners and there’s no way to win. All I knew is, I had to make my honest decision because there would be criticism no matter what. That’s probably a good assessment of public integrity investigations. I was willing to assume that because that to me is a district attorney’s job.”
            —Brazoria County Criminal DA Jeri Yenne, replying to unsubstantiated claims that her resolution of the speaker’s public integrity investigation was an act of political favoritism.

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What a fantastic turnout we had at this year’s Annual Criminal & Civil Law Update in Corpus Christi! If you missed this one, be sure to mark your calendars for our next Annual Update in South Padre Island, which will be held September 16–18, 2020.

Mass shootings lead to new interim committees

            The recent mass shootings in El Paso and Odessa have resulted in a flurry of activity at the state capitol, although it may be awhile before any of it bears fruit (more on that in a minute).

            For starters, Governor Abbott issued a series of eight executive orders, most of which focused on making the Texas Suspicious Activity Reporting Network more robust. (If you’ve never heard of “TxSARNet,” you can find a primer about it here.) For your purposes, the most relevant of the executive orders will require quicker entry of court events and dispositions by local counties starting next year, upon pain of financial sanctions for counties that fail to comply. (But don’t count on any additional funding to help with that compliance, of course.)

            Meanwhile, the speaker and lieutenant governor have each created a Select Committee on Mass Violence Prevention and Community Safety for their respective chambers. The House select committee held its organizational meeting during our annual conference, and the Senate select committee met last week for similar purposes. The committees’ charges for the interim overlap but are not identical, so it will be interesting to see how their ultimate recommendations differ heading into next session.

            And yes, it is likely to be next session (2021) before the legislature takes any concrete action in response to the recent spate of mass shootings in Texas. There are several reasons for that, but perhaps the main impediment is that there is no consensus on what laws should be changed in response to these events, and governors rarely call a legislature back to Austin without having a proposed solution already baking in the oven. Furthermore, if the state House re-convenes in Austin, there is a non-zero chance that the current speaker might face a palace coup and be deposed, which could further complicate any attempt to limit future mass shootings (not to mention the upcoming elections and the constitutionally-mandated redistricting efforts to come). As a result, you can probably expect more studying than actual legislating on this issue between now and when the next regularly-scheduled session will convene in January 2021.

State audit of sexual assault cases

            The State Auditor’s Office (SAO) is starting to tackle the sexual assault audit it has been tasked with conducting this interim by the legislature. (Click this link and scroll down to Rider No. 5 for all the details.) As we told attendees of our recent Legislative Update tour, the SAO may be reaching out to offices with felony jurisdiction to collect data on how sexual assault cases between 2014–2018 were handled, so don’t be surprised if you receive such a request. We have been cooperating with that agency to help the auditors better understand prosecutors’ role in those cases, but only you can ultimately provide them with the data and other information they need to complete their task, so please cooperate with them if they come and knock on your door. This may be an excellent opportunity to both brag on your office’s positive outcomes while also identifying any lack of resources you may experience in trying to obtain justice in these important cases.

            If you have any questions about this audit, contact Shannon.

Legislative Update tour recap

            Speaking of our Legislative Update tour, it is D-O-N-E done! We trained almost 3,400 people this summer, shattering all previous attendance records for this course. Some of that may be due to our legislature creating enough hemp-related confusion this session to increase demand for our products, but we also like to think that our updates are popular because we give our customers the earliest and most thorough review of the changes they need to know about to properly do their jobs, both through our regional presentations and our various code books. Special thanks go to Montgomery County Assistant DA Tiana Sanford and Tarrant County Assistant CDA Vincent Giardino (and their bosses!) for extending their legislative liaison duties into the summer and sharing their knowledge and insights with our attendees. Getting this important information out to our members and others in the criminal justice community in a timely (and entertaining!) fashion is a team effort, and our team came through in the clutch this year.

Only two (and a half) trainings left in 2019!

            Registration is now open for TDCAA’s Key Personnel & Victim Assistance Coordinator Seminar. This year’s event will be held November 6–8 at the Embassy Suites in beautiful San Marcos. Event and registration information can be found here.

            Our 2019 Elected Prosecutor Conference will be held at the Lakeway Resort & Spa in Lakeway, Texas (just outside Austin on half-full-but-still-lovely Lake Travis). The curriculum will include topics such as the rise in domestic terrorism and responding effectively to cases of domestic violence and adult sexual assault, as well as numerous opportunities for networking and solution sharing. Registration information is available here.

            Note that immediately prior to the Elected course, TDCAA is offering a special Prosecutor Management Institute (PMI) Course designed specifically for elected prosecutors. Click here for information regarding that stand-alone course.

New code books

            We have received several pallets’ worth of shiny new code books that are ready to be shipped in the upcoming weeks, so now is the time to order your copies of the 2019–’21 Penal Code, Code of Criminal Procedure, and Annotated Criminal Laws of Texas if you haven’t already placed an order. Visit www.tdcaa.com/books to get that ball rolling and guarantee that you have the right code books at hand when enforcing all the new laws that recently went into effect.

Quotes of the Month

“It is a national issue. This is not anything that is limited to just a few states.”
            —Duffie Stone, 14^th Judicial Circuit Solicitor (SC) and president of the National District Attorneys Association, on the problems various states’ prosecutors are experiencing when trying to prosecute marijuana cases in the wake of hemp legalization.

“We at least have to talk about these things. … We just can’t say ‘thoughts and prayers.’ We’ve had five mass shootings in Texas in the last five years.”
            —Lt. Gov. Dan Patrick (R-Houston), in a WOAI (San Antonio) news radio interview regarding Patrick’s willingness to consider requiring background checks for private gun sales between strangers.

“I don’t regret it. I just checked Twitter again, and I still can’t use it. … It was good for both of us. I trended [on Twitter]. I increased my name ID. It is what I believe. I don’t regret it at all.”
            —State Rep. Briscoe Cain (R-Houston), when asked if he regretted tweeting “My AR is ready for you” at presidential candidate Beto O’Rourke (D-El Paso) in response to the latter’s proposal to confiscate certain types of firearms. (The perceived threat resulted in Cain’s Twitter account being suspended.)

“[He] hates trees because one fell on him.”
            —Travis County Judge Sarah Eckhardt (D), on why she thinks the governor encouraged the legislature to override Austin’s local tree ordinance. (She subsequently apologized for her “flippant comment.”)

“We probably do a better job criticizing ourselves in our dissents than anybody else could.”
            —U.S. Supreme Court Chief Justice John Roberts, on why he doesn’t pay much attention to criticisms of the Court from members of the other branches of the federal government.

“It is fair to say that ending taxpayer-funded lobbying is the foundation’s top goal moving into next session.”
            —James Quintero, director of the Texas Public Policy Foundation’s Center for Local Governance, in a news story discussing one of his group’s priorities last session as well.

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We have a mea culpa regarding this heat wave. We led off our July Update as follows:

Not sure what we did to deserve such a relatively mild summer so far, but we’ll take our blessings where we can find them after this session!

That went out on July 25, 2019. Three days later, Austin hit 100*F for the first time this year and then did so again and again and again, for 20 of the next 30 days after that—and some of you have had it even worse than us! Sorry about that.

Retirement fix ends

Consider this your unhappy reminder that as of September 1, 2019, the comptroller will no longer send counties the $3,640 per year it takes to cover the increased retirement contributions that elected felony prosecutors started making in 2015. Those of you getting a nice pay raise on that date might not notice this decrease in take-home pay (about $70/week), but others could feel it unless their counties decide to pick up the tab. Sorry to be the bearer of bad news!

For more information on raises and the like, review our June posting on this topic.

New info on mental health resources

In conjunction with the Judicial Commission on Mental Health, Judge Barbara Hervey and the Court of Criminal Appeals recently issued their first Texas Mental Health Resource Guide cataloguing various treatment resources available across the State of Texas. An online PDF version of the report is available on our website.

Legislative Update tour recap

Our Legislative Update tour has almost wrapped up! After classes this week in Georgetown (today), Richmond (Friday), and El Paso (Friday), our final legislative update event will be held in Corpus Christi on Tuesday, September 17 (that’s the day before the Annual Update, for those of you headed that way). If you have yet to attend one of our Legislative Updates, consider coming this week as a walk-in registrant or signing up online for the Corpus event here. Almost 3,000 prosecutors, defense lawyers, peace officers, judges, and other interested professionals have already attended one of these courses this summer, so don’t get left behind!

Annual Update is almost here!

It will soon be time to pack up and head to the coast for our Annual Criminal & Civil Law Update in Corpus Christi (September 18–20, 2019)! Registration is still open, so if you have put off making a decision, now is the time to register online. And don’t forget to reserve your hotel room, too—check out our recommended lodging options and book your room today!

Note No. 1: Texas Tech Law School is hosting an alumni reception in conjunction with the TDCAA Annual on September 18 at 5:00 p.m.; please RSVP to [email protected] if you plan to attend.

Note No. 2: Baylor Law School is also hosting a reception at the Annual for alumni and friends. The event will be held on September 19 at 5:00 p.m.; to RSVP, go to www.baylor.edu/law/tdcaareception.

Note No. 3: If your law school isn’t hosting such a reception … why the heck not?!? It’s a great way for them to show appreciation for their alumni who go on to careers in public service, not to mention a chance for people to catch up with old friends. Reach out to your law school and get them thinking about something for the 2020 Annual at South Padre Island!

The new code books are here! The new code books are here!

We have received several pallets’ worth of shiny new books that are ready to be shipped in the upcoming weeks, so now is the time to order your copies of the 2019–21 Penal Code, Code of Criminal Procedure, and Annotated Criminal Laws of Texas if you haven’t already placed an order. Visit www.tdcaa.com/books to get that ball rolling and guarantee that you have your updated code books before most of the new laws go into effect next week.

Quotes of the Month

“The Texas House is a durable institution. It’s in the Constitution, it has survived the Civil War, it has survived the Great Depression, it has survived the Sharpstown Scandal, and it will survive this.”

State Rep. James White (R-Hillister), in response to the ongoing kerfuffle in Austin over a recording of House Speaker Dennis Bonnen (R-Angleton) allegedly targeting fellow GOP House members for primary attacks.

“We’ve got a little work to do but it’ll come back. I’m not done with that issue and I don’t think the House or the Senate is done with that issue.”

State Rep. Dustin Burrows (R-Lubbock), chairman of the House Ways and Means Committee, promising members of the State Republic Executive Committee that the House would try again to restrict so-called “taxpayer-funded lobbying” next session.

“The biggest shock to the Austin media was that I actually had a heart.”

Lt. Gov. Dan Patrick (R-Houston), after his office announced that he was admitted to a hospital earlier this month to insert a stent to relieve heart pressure.

Not sure what we did to deserve such a relatively mild summer so far, but we’ll take our blessings where we can find them after this session!

Legislative awards

After every legislative session, the TDCAA Board of Directors selects a handful of legislators to receive a “Law and Order Award” in recognition of their service to prosecutors, public safety, or the criminal justice system in general. This year’s winners are (drum roll, please):

State Rep. Craig Goldman (R-Fort Worth)
State Rep. Joe Moody (D-El Paso)
State Rep. Andy Murr (R-Junction)
State Rep. Four Price (R-Amarillo)
Lt. Gov. Dan Patrick (R-Houston)
State Sen. Royce West (D-Dallas)

If any of these legislators hail from your neck of the woods, please be sure to congratulate them as appropriate. And if you would like to participate in a future award presentation, contact Shannon to be notified when those details are nailed down. (The only presentation confirmed so far is for Sen. West at the Dallas Legislative Update on August 2.)

Assistant prosecutor longevity pay update

We have some good news on this subject and we have some bad news, so let us sandwich the bad news between two slices of good news.

As previously reported, the legislature propped up this year’s funding for the assistant prosecutor longevity supplement with a supplemental appropriation. (That’s good.) Unfortunately, the revenue stream has continued to decline in this last state fiscal quarter and the comptroller is statutorily obligated to reduce the amount of state funds sent to the counties on an equal percentage basis (per §41.255(f), Tex. Gov’t Code). (That’s bad.) The amount of the reduction will likely be 10–20 percent. In an effort to mitigate that impending shortfall in this last check of the fiscal quarter, the comptroller will probably delay sending out those checks to counties until the first or second week of August (instead of July 31, the usual date of issuance). This gives the comptroller the chance to include all the fee collections in that final check. And thanks to some clever budget-writing by the legislature, this won’t happen again in the next biennium—even if the fund runs short, the comptroller will be authorized to pay 100% of the longevity supplement owed. (That’s good).  If you have any questions, contact Rob.    

Hemp

On the heels of the recent letter from state leadership about the newly-enacted hemp law, the DPS crime laboratory has also issued a letter on this topic for your perusal, a PDF copy of which can be found on our website. As with the previous letter from on high, you can read this new letter and decide for yourself whether or how it will change your policies going forward, but if you have any questions, feel free to contact Shannon or Rob first.

Legislative Update tour

Speaking of the new hemp law and its resulting collateral consequences, our Legislative Update tour is on the road and coming to a location near you! All the dates and locations are listed in this brochure, and online registration by location is available here. More than 2,500 prosecutors, defense lawyers, peace officers, judges, and others have registered to attend so far, but we want to break our all-time record of 2,700 attendees from the 2017 tour, so don’t get left behind—register you and your office today!

Annual Update hotel rooms are going fast!

We know you may be in the midst of summer’s doldrums right now, but it will be time to pack up and head to the coast for our Annual Criminal & Civil Law Update before you know it! If you plan to join us in Corpus Christi (September 18–20, 2019), then now is the time to register online. And don’t forget to reserve your hotel room, too—some host hotels are already sold out, and the discounted TDCAA rate at the other remaining hotels is available only until August 26, so check out your recommended lodging options and book your room as soon as possible.

The new code books are here! The new code books are here!

We have received several pallets’ worth of shiny new books that are ready to be shipped in the upcoming weeks, so now is the time to order your copies of the 2019–21 Penal Code, Code of Criminal Procedure, and Annotated Criminal Laws of Texas if you haven’t already placed an order. Visit www.tdcaa.com/books to get that ball rolling and guarantee that you have your updated code books before most of the new laws go into effect on September 1, 2019!

Scattershots

Here are articles that have crossed our radar that some of you might enjoy:

• Forensic experts have a plan to fix Texas’ marijuana problem. (Texas Tribune)
• Despite high hopes, self-driving cars are “way in the future.” (New York Times)
• After defeats in 2019, some Texas lawmakers team up to push criminal justice reform. (Texas Tribune)
• Houston is the card skimmer capital of the nation. What is being done about it? (Houstonian Magazine)
• State leaders again want to review how Texas elects judges. (Texas Tribune)

Future updates

Remember, during the interim we send these updates only once a month (barring emergencies). Look for your next update at the end of August.

Quotes of the Month

“People need to understand [that] a special session is not a magic wand that solves all problems.”

Governor Greg Abbott (R-Houston), when asked earlier this month if he would call a special session to override Austin’s repeal of its camping ban that has resulted in an increase in homeless people camping and sleeping in public spaces. (But you can apply the statement to anything hemp-related as well!)

“You should just pay in cash.”

State Agriculture Commissioner Sid Miller (R-Stephenville), describing the only way to ensure your credit card information is not intercepted by card skimmers at gas stations.

“It’s the biggest cycle in memory. If Democrats take Texas, it’s game over, and both sides recognize the stakes.”

Austin lobbyist and political consultant Bill Miller, referring to the upcoming 2020 elections.

“Texas born. Texas bred. When I die, I’ll be Texas dead. Ha!”

H. Ross Perot, Sr. (1930–2019), in a quote from his final interview with the Dallas Morning News in 2016. (For a fascinating story of a life well-lived, read the full DMN article on his passing.)