By Rob Kepple
TDCAA Executive Director in Austin
The prosecutor community is large, and through TDCAA it is a cohesive group. Every community has an ethos—defined as the characteristic spirit of a community as manifested in its beliefs and aspirations. The ethos of our community is one of the reasons I think so many of us make prosecution a career.
The beliefs part is simple: We believe in prosecutor exceptionalism. We don’t denigrate any other segment of the bar, as all lawyers have the opportunity to honorably represent their clients within the bounds of law and ethics. But only prosecutors wear the mantle of Ministers of Justice. Only prosecutors are tasked with seeking the truth first and foremost and going wherever the truth leads. Only prosecutors have the statutory and ethical duty to see that justice is done, not merely to seek a guilty verdict. All other lawyers can vigorously represent their clients and at the end of the day just assume that justice is done. Not a Texas prosecutor. We are compelled to go look for the truth and find justice in every case.
Our aspirations are lofty. As a representative of the people, we must aspire to be beyond reproach, to always play fair, and to refrain from “striking the foul blow.” This is where people can sometimes confuse prosecutors with every other stripe of lawyer. In popular culture we seem to embrace people who are clever and try to get away with it. Just take most sports as a barometer. The ethos of baseball, our national pastime, is clearly one of getting away with it if you can. How many times have you seen a Major League Baseball player make a diving effort for the ball, clearly flub it, then hold it up in the air in an effort to convince the umpire of a catch? We’ve seen our most admired stars pretend to be hit by a pitch. Sign stealing is an art form. And it is not just one sport. We have seen pee-wee football coaches call the old “wrong ball” trick play to get one over on a group of middle-schoolers.[1] Motor sports teams are constantly punished for underhanded modifications to their cars. I could go on and on.
I will stick with sports to prove my point about creating a unique ethos within a community. Look at golf. The legendary golfer Bobby Jones, poised to win the 1925 U.S. Open, made a mistake when he improperly caused his ball to move in some rough grass. To the consternation of the tour authorities and even the other players, Bobby called a penalty on himself. As legend has it, when praised for his sportsmanship, he responded: “You might as well praise me for not robbing a bank.” And whether that story is 100 percent true or not, the ethos of golf was born in that moment. Is that aspirational? Sure. Do all golfers always live up to that high standard? No. But having such an ethos makes the game of golf better.
We are all busy. The challenges to doing our jobs well abound. But it is worth remembering that the ethos of our profession remains solid, and we share a bond with thousands of like-minded professionals. We are all part of an exceptional profession. I am proud to be a part of it with you.
Rule 3.09 is a wrap
In my last column I discussed the referendum on the changes to Rule 3.09, Special Responsibilities of a Prosecutor, and the potential that the criminal defense bar, who had opined against the amendments, would tank the whole thing. I am pleased to report that with 89.89 percent of the vote, the proposed changes to Rule 3.09 were approved by Texas lawyers. Indeed, of the 12 proposals, the changes to Rule 3.09 passed by the widest margin. We still await, but fully anticipate, that the Texas Supreme Court will formally adopt these amendments in the near future.
I am very grateful to TDCAA leadership for working with the State Bar on these changes. It took a lot of work and it was a slow process, but our folks took the job seriously and got a good result.
Two hours of free ethics for TDCAA members
Here at TDCAA we are proud of the services we offer each and every Texas prosecutor and staff member. We are fortunate to have grant funding, which goes a long way in providing quality training and support. But there is always more to do, and your voluntary membership dues offer true value added. This year we have introduced a new membership benefit: two free hours of ethics. Paid TDCAA members may access (for free) an excellent online presentation by Scott Durfee, former general counsel for the Harris County DA’s Office. Scott literally wrote the book on ethics, and he offers tremendous insights into the rules most impacting prosecutors and the procedures that govern a grievance. If you are a paid TDCAA member, take advantage of this excellent free training soon.
Thanks to Bill Helwig from Hooterville
Bill Helwig, Criminal District Attorney in Yoakum County and Chair of the TDCAA Board, has announced his retirement, effective early in 2025. Bill, fond of introducing himself as being from “Hooterville,” is in his fourth term as CDA and previously served as the County Attorney in Coke County for 13 years. He has an impressive resume of service to his community, to the state, and to our profession. Bill is a joiner—I’m not sure there was a local or state effort he didn’t join. Most recently Bill has served as an advisor to the Deason Rural Justice Program of the Southern Methodist University Dedman School of Law. Bill has had a fire in the belly to better rural Texas, and my guess is he isn’t through with that effort. Thank you, Bill, for all you have done!
VAC training in Rockwall County
I want to thank Kenda Culpepper, Criminal District Attorney in Rockwall County, for her efforts in organizing a statewide training for victim assistance coordinators in Rockwall in April. People came from literally every corner of Texas for the training, and it was produced by Jalayne Robinson, TDCAA’s Victim Services Director. It is great to see all the offices dedicated to providing professional assistance to crime victims. Thanks, Kenda and Jalayne!
Endnote
[1] https://www.youtube.com/watch?v=4lj6sUah3qE.