TDCAA Legislative Update: 88-2 Called Session, Week 2

July 7, 2023

Happy (belated) Independence Day! For those pessimists questioning the fate of this grand endeavor due to recent events, here’s a little reminder that it’s been questioned since the get-go.

Review, preview

No actual work has been done, but at least the two chambers appear to be talking to each other. Both are returning to work on Tuesday of next week. Let’s see how long this keeps up.

Impeachment news

Houston-based Republican activist Steve Hotze announced the formation of a new PAC that is seeking donations to lobby senators to acquit Paxton at his impeachment trial. A lawyer for the group also said the PAC would seek primary challengers for the House Republicans who voted to impeach the attorney general. (FYI, this same outfit has also stated they would seek and financially support primary challengers to the Republican Court of Criminal Appeals judges who ruled against the AG in the Stephens opinions.)

Also, the defense announced this week that their client would not testify at his impeachment trial.

Legislative Update CLEs and books

To pre-order your updated TDCAA code books (which will be shipped out starting in August), visit our Books webpage.

Our Legislative Update CLE course will be offered online in August 2023. While we work on that, those of you who prefer in-person training can register for a live Legislative Update presentation to be held on Tuesday, September 19, in Round Rock immediately prior to the start of our Annual Criminal & Civil Law Conference at the Kalahari Resort and Convention Center. To register online for the Legislative Update course—which requires a separate registration from the Annual Conference—click HERE.

We are also working on a date for an additional live course in San Antonio; stay tuned for more information once that is confirmed.

Civil Practitioner Boot Camp

TDCAA’s inaugural Civil Practitioner Boot Camp will be held July 24–26 in Waco. This course will apply our tried-and-true Prosecutor Trial Skills Course model to the everyday problems encountered by prosecutors who work in government representation. Click HERE for more information or to register someone for the course.

Scattershooting

Here are some recent stories you might’ve missed:

  • “‘Outside’ report? Law firm that wrote it to defend Ken Paxton was paid $500K by Texas AG” (Austin American-Statesman)
  • “The FBI has formed a national database to track and prevent ‘swatting’” (NBC News)
  • “Texas courts struggle to resolve criminal appeals that got lost in Harris County for decades” (Texas Tribune)
  • “‘I want them to haunt you’: Man who killed 23 at El Paso Walmart hears from victims’ families” (Texas Tribune)

Quotes of the Week

“What I see on this video is the execution by police of a 17-year-old kid, in France, in 2023, in broad daylight. … You get the feeling that our police are becoming like America’s.”
            —Marine Tondelier, leader of France’s Green Party, commenting upon the officer-involved shooting last week that triggered widespread rioting and disorder in that country.

“There’s part of me that wanted to make [the defendant] sit through the horror he carried out on people; selfishly, that’s the downside to the plea … but this is by far and away the best result for the victims.”
            —Michael Allen, 4th Judicial DA (Colorado Springs, CO), in an interview conducted after the neo-Nazi defendant in the Club Q massacre—who falsely claimed to be non-binary to avoid additional hate crimes charges subjecting him to the federal death penalty—pled guilty to killing five people and injuring 17 others and was sentenced to five life sentences plus more than 2,000 years in prison.

“Megabillionaires …. We always had wealthy people, but nothing like these guys, all of whom have think tanks and foundations and lobbyists, and they’re all over the place and they’re keeping scorecards on the Republicans, which really—what’s the right word?—intimidates the Republicans from voting freely in the interests of their districts—and they will admit that off the record—because they don’t want to be targeted by these guys.”
            —State Rep. John Bryant (D-Dallas), in an interview with Texas Monthly in which he was asked to identify differences between today’s legislature and his first time in the House (1974–1982).

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