By Rob Kepple
TDCAF & TDCAA Executive Director in Austin
Congratulations to the prosecutors who took office on January 1—they’re listed below. Even for those who have been experienced assistant prosecutors, we know that the “corner office” comes with a whole different set of challenges. We hope you will rely on TDCAA and on your neighboring county and district attorneys for guidance and assistance. For you experienced hands, think about reaching to our new folks. I am sure you recall how you were “drinking out of a firehose” those first few months!
Cindy Ayres, County Attorney in Baylor County
Greg Barber, County Attorney in Ector County
Jennifer Bergman, District Attorney in Liberty County
Coll Bramblett, County Attorney in Hudspeth County
Hunter Brooks, 50th Judicial District Attorney
Christina Busbee, 38th Judicial District Attorney
Dawn Cahill, County Attorney in Sutton County
Janet Cassels, District Attorney in Angelina County
Jennifer Chau, County Attorney in Matagorda County
Benjamin Clayton, County Attorney in Runnels County
David Colley, 76th Judicial District Attorney
Keith Cook, County Attorney in Leon County
Kyle Denney, County & District Attorney in Lavaca County
Michele Dodd, County Attorney in Reagan County
Jenny Dorsey, County Attorney in Nueces County
Dusty Gallivan, District Attorney in Ector County
Sean Galloway, County & District Attorney in Andrews County
Delia Garza, County Attorney in Travis County
Jose Garza, District Attorney in Travis County
Earl Gray, County Attorney in Brazos County
Calvin Grogan, County Attorney in Hunt County
Mark Haby, Criminal District Attorney in Medina County
Stephen Harpold, 198th Judicial District Attorney
Colton Hay, County Attorney in Trinity County
Caleb Henson, District Attorney in Leon County
Whitney Hill, County Attorney in Dallam County
Al Iracheta, County Attorney in Maverick County
Andrew Jones, District Attorney in Nacogdoches County
Craig Jones, County Attorney in Hutchinson County
Katie Lackey, County Attorney in Kent County
Erin Lands, 69th Judicial District Attorney
David Martinez, County Attorney in Val Verde County
Christian Menefee, County Attorney in Harris County
Matt Minick, County Attorney in Hardin County
Ann Montgomery, County & District Attorney in Ellis County
Samantha Morrow, County Attorney in Nolan County
Amanda Oster, District Attorney in Aransas County
Jenny Palmer, District Attorney in Henderson County
Karren Price, District Attorney in Shelby County
Gocha Ramirez, 229th Judicial District Attorney
Landon Ramsay, County Attorney in Franklin County
Rollin Rauschi, County Attorney in Shackelford County
Dwain Rogers, County Attorney in Llano County
Yvonne Rosales, 34th Judicial District Attorney
Rickey Shelton, County & District Attorney in Morris County
Brent Smith, County Attorney in Kinney County
Bridgette Smith-Lawson, County Attorney in Fort Bend County
Jeff Swain, District Attorney in Parker County
Will Thompson, Criminal District Attorney in Navarro County
Rebecca Walton, District Attorney in Hardin County
Suzanne West, 63rd Judicial District Attorney
Ori White, 83rd Judicial District Attorney
Hayden Wise, County Attorney in Coleman County
Texas Board of Legal Specialization freezing out prosecutors?
The Texas Board of Legal Specialization affords attorneys the opportunity to demonstrate expertise in an area by taking a comprehensive exam. Upon successful completion, attorneys can hold themselves out as having a specialization in that area. In criminal law, an attorney can seek a specialization certification in criminal appellate or general criminal law.
Today, there are 819 lawyers with criminal law certification and 135 with criminal appellate certification. To be qualified to sit for the six-hour exam for criminal law specialization, you must:
• have practiced law full-time for at least five years as an active member of the State Bar of Texas;
• have at least three years of criminal law experience with a yearly minimum 25 percent substantial involvement in criminal law matters;
• have handled a substantial number of criminal law matters involving state and federal misdemeanors, felony trials, and state and federal appeals;
• have qualified, vetted references from judges and lawyers in the area;
• have completed 60 hours of TBLS-approved continuing legal education in criminal law; and
• meet all of the TBLS Standards for Attorney Certification.
Seems like an experienced prosecutor should have no problem getting a shot at taking the exam, right? Curiously, though, we have been hearing that very experienced prosecutors are being shut out on the grounds that they don’t do appeals or federal court work. That, by the way, didn’t used to be the case—I got certified in the 1990s without any appellate or federal experience.
So what has changed? We want to find out. Here is what we need from you: If you have applied to take the exam and been denied, please contact me at [email protected]. TDCAA leadership wants to advocate for you and make sure that prosecutors with solid criminal experience have the right to recognition as criminal law specialists.
Diversions and money don’t mix
I’ve heard it said that lessons are re-taught until they are learned. Over the years the law has remained consistent when it comes to getting money from a criminal defendant: A statute must authorize that fine, fee, cost, reimbursement, or restitution. But it seems that every now and again a headline like this appears: “For a Price, this Texas DA drops drug charges.” (The whole story is here: https://www.houstonchronicle.com/politics/texas/article/For-a-price-this-Texas-DA-drops-drug-charges-15734631.php.)
Ouch. As well-intentioned as such a program may be—the defendant gets a case dismissed and the community benefits from it—it is not authorized by law. This has been pretty clear since Attorney General John Cornyn issued Opinion JC-0042 in 1999, when the AG opined that a county attorney could not condition a diverted prosecution on a contribution to the county law library, CrimeStoppers, a D.A.R.E. program, or the Sheriff’s Posse. AG Cornyn followed with JC-0119, in which he opined that a county attorney may not condition an offer of pre-trial diversion upon a payment of $1,500 to a nonprofit that the CA created to dole out the funds. Indeed, the only fee that may be charged if the case will be deferred can be found in Article 102.012 of the CCP, and that is a maximum fee of $500, if it is budgeted to run the diversion program and nothing more.
I am certainly sympathetic with the DA in the article, who was trying to find a way to avoid tagging someone with a felony offense for a THC edible from Colorado, but one can quickly see the problems with the “optics.” What if you don’t have the $4,000 required for the deferred? Poor people get prosecuted and rich people skate? Diversion may indeed be the right thing to do, but the “justice for sale” criticism is hard to get past.
Thanks to TDCAA leadership
I want to take a moment to thank some of TDCAA’s best leaders ever, who ended their board service at the end of the year. It has been challenging, but these folks have stayed the course and made great decisions for your organization that has kept us strong. Thanks to Jarvis Parsons, DA in Brazos County; Isidro “Chilo” Alaniz, DA in Webb and Zapata Counties; Sharen Wilson, CDA in Tarrant County; Landon Lambert, County Attorney in Donley County; and Hardy Wilkerson, 118th Judicial DA. Great work in a tough year!
And in with the new!
TDCAA held its Annual Business Meeting to elect the leadership for 2021. Here are the results of the executive leadership elections and the Regional Director elections:
• Chair of the Board (by bylaws): Kenda Culpepper, Criminal District Attorney in Rockwall County;
• President Elect: Jack Roady, Criminal District Attorney in Galveston County;
• Secretary-Treasurer: Bill Helwig, Criminal District Attorney in Yoakum County;
• Criminal District Attorney at Large: Erleigh Wiley, Criminal District Attorney in Kaufman County;
• County Attorney at Large: Leslie Standerfer, County Attorney in Wheeler County
• Region 1 Director: Randall Sims, DA in Armstrong and Potter Counties
• Region 2 Director: Philip Mack Furlow, DA in Dawson, Gaines, Garza, and Lynn Counties; and
• Region 4 Director: John Hubert, DA in Kleberg and Kenedy Counties.
Thanks to you all for jumping in. It is going to be a busy year, and with your leadership I am sure it will be a successful one.