Members of the next legislature will descend on Austin in 39 days to decide how they are going to conduct business in the middle of a still-raging pandemic. If you’re the praying type, add them to your “in need of wise discernment” list because they are going to need all the help they can get.
TDCAA officers for 2021
TDCAA’s annual business meeting was held earlier this week, and a new slate of officers was selected. For a complete roster of 2021 board members and their positions, click here.
Thanks to all our departing board members, and welcome to our newcomers—we appreciate your dedication and service to improving our profession!
COVID & the Lege
Another interim meeting fell victim to coronavirus concerns* as the Senate State Affairs Committee cancelled its hearing on abortion and so-called “taxpayer-funded lobbying” that was scheduled for this Wednesday. [*“concerns” = legislators and/or staffers testing positive for COVID but not telling anyone publicly.] That hearing was initially re-scheduled for next Monday, and then re-re-scheduled for Tuesday, December 8 at 1:00 p.m. For details on how to watch from home or office, see the latest committee hearing notice.
As we turn our view to January, when the Lege must meet in person and begin business in earnest, things are … not looking great. Assuming continued virus spread after the Christmas and New Year’s holidays and a vaccine roll-out to the general population that will last well into mid- or late-2021, the state capitol could remain closed to the public deep into the 87th Regular Session. Nothing has been decided officially, but don’t be surprised if the Lege convenes on January 12, 2021, conducts business for a day or two, and then adjourns for several weeks—maybe even until early March. That would allow the Lege to keep the building closed to everyone but legislators and staff for the first 60 days of the session, a time period during which they are already constitutionally prohibited from passing bills (absent an issue being officially declared an “emergency” by the governor). Most legislators may already be resigned to the fact that they will have to return to Austin for multiple special sessions later next year anyway, so it’s possible that the traditional ebb-and-flow (and panic) of legislative deadlines will become less important in a regular session that is shaping up to be anything but “regular.”
Bill tracking
To see what bills have been to filed to date that would amend the Penal Code, the Code of Criminal Procedure, or fall in our somewhat-arbitrary “Bills to Watch” category, use the links on the right-hand side of our Legislative page for a complete list. We maintain more than 40 different bill tracks for various topics, but these three lists will give you a good idea of what has been proposed so far. (And if you or someone in your office has proposed a bill that gets filed, please drop Shannon a note so he can track it as such.)
Legislative rotation
As you know, TDCAA can serve as your eyes and ears at the capitol, but the voice legislators need to hear is yours. To help you do that, we organize a rotating schedule of volunteer slots for elected prosecutors or their surrogates who wish to come to Austin to be a part of the legislative process. If you would like to plan ahead and schedule a time to watch (or help) the sausage being made in Austin, contact Shannon for more details—he can tell you when to come, what to bring, and what to expect. (Although as noted above, we have no idea what next session will actually look like in operation, so we will proceed under the assumption that they will conduct business in person as usual until we know differently.)
Online bingo
We have received a joint letter from Texas Lottery Commission Chairman Robert Rivera and Charitable Bingo Operations Commissioner Cindy Fields stating that they have reason to believe illegal bingo games are being conducted online through platforms such as Facebook and Instagram, which may constitute a third-degree felony under Texas law. The letter encourages prosecutors to investigate and prosecute this alleged illegal gambling activity and offers the assistance and cooperation of the Lottery Commission in doing so. If you are interested in pursuing the matter further, email Shannon for a copy of the letter and related contact information.
CCP changes for January 2021
As part of its code reorganization efforts, the Texas Legislature passed a bill (HB 4173) in 2019 that makes non-substantive changes to chapters in the Code of Criminal Procedure affecting protective orders, grand juries, and victims’ rights. Those changes take effect on January 1, 2021, and the crack staff in our publications department (read: one very busy Diane Beckham!) has laid out those new chapters, along with source and disposition charts, as PDFs that you can download for free at https://www.tdcaa.com/books/ (look for the links along the right-hand “rail” of your desktop layout). These changes will also be incorporated into the upcoming 2021 edition of TDCAA’s code books, which will be available next summer following the 87th Regular Session, but to bridge the gap until then, please take advantage of these free resources and share them with others in your courthouse as needed.
Quotes of the Week
“By definition, the criminal justice system operates with large groups of people gathered in small spaces for hours on end with lots of talking. Can there be a worse circumstance during a pandemic?”
—Patrick Wilson, Ellis County & District Attorney, in a story about the impact of the coronavirus on some courthouses in the Metroplex area.
“Generally, the feeling is, if you wear a mask, you’re a (Democratic Governor Jared) Polis supporter. If you don’t wear a mask, you’re a true patriot. And it’s not so much about wearing masks. It’s about being told that you have to wear a mask.”
—Colorado State Rep. Matt Soper (R-Delta), in a story about the debate over coronavirus prevention measures in that state’s capitol building during a recent special session.
“We’re going to plan for an outbreak in the Capitol. I think we have to.”
—State Rep. Charlie Geren (R-Fort Worth), chairman of the House Administration Committee, as reported in this story about potential limits on public participation for the session.
“Who’s to say that two years from now Democrats don’t have a better showing without straight ticket voting? It helped Republicans this time and it’s up for grabs as to who it helps two, four, and six years down the line. It’s a to-be-continued story.”
—Derek Ryan, Republican pollster, on the impact of eliminating straight-ticket voting, which may have saved several down-ballot Republicans in certain suburban counties where President Trump underperformed this election cycle.
“It’s high on everybody’s minds right now, with the problems we’re seeing going on with elections across the nation.”
—State Rep. Drew Springer (R-Muenster), on why he and other GOP legislators have pre-filed dozens of election fraud-related bills this session despite an absence of verified incidents in Texas. (Look for this partisan topic to be a divisive one next session.)
“The national conversation has focused a great deal of attention on racial equity, criminal justice reform, and other social justice issues. We found Texans are more concerned with the nuts and bolts of governing: How safe are we from the pandemic? How likely are people to be employed and able to access health care?”
—Mark P. Jones, political science expert, on the results of a recent poll of Texans’ top concerns heading into next session. (For the full results of the polling, click here; as usual, criminal justice issues may no longer be foremost in voters’ minds.)
“It seems bizarre, especially if you’re not a lawyer or you’re not a legislator. What other laws can DAs break? The good news in this is the Texas Legislature can fix this in the next session, and that’s encouraging.”
—Michael Morton, exoneree, referring to plans by the Innocence Project of Texas to address the 2019 holding in Hillman v. Nueces County (summarized here) that county officials are immune from a wrongful termination lawsuit brought on behalf of a prosecutor who claimed he was fired for disclosing exculpatory information against his supervisor’s wishes.
###