We are a day late* on this July update, but so much news happened the past two days that it seemed prudent to wait so we could include it here. Read on for details!
(* – and if when you read that your brain added “and a dollar short!” you are our kind of people.)
Changing of the guard
Last week, TDCAA’s Board of Directors formally named our own Shannon Edmonds to be the next executive director of the association. Shannon will take over for Rob Kepple, who announced earlier this year that he would be retiring at the end of 2024. For more details, see the association’s press release.
There will be more from us in the months to come on this transition (and celebrating Rob’s amazingly successful tenure!), including finding a new director of governmental relations to take over Shannon’s role. Look for that job posting on our website in the coming weeks.
SB 22: Round 2
The Comptroller’s Office hosted another SB 22 stakeholder workgroup meeting yesterday. Key takeaways include the following:
- The online application process for Year 2 of the SB 22 Rural Law Enforcement Grant Program should be very similar to that used for the inaugural grants, but the agency hopes to award funds more quickly (in days or weeks after application, rather than months).
- For jurisdictions with fiscal years starting October 1, 2024, the online application period will open on Friday, August 2 (yes, that’s tomorrow!) and close on Thursday, October 31.
- For jurisdictions with fiscal years starting January 1, 2025, the online application period for Year 2 will open on Saturday, November 2 and close on Friday, January 31.
- The format of the compliance reports for the agency’s review of its initial grants is still being finalized, but they will also be due by those same deadlines (Oct. 31 or Jan. 31).
- Compliance reports will include an employee certification for prosecutors to confirm that any funds used for VAC positions went to an employee who met the definition of that position as defined by statute and agency rule.
The grant administrators have continued to post helpful information on their SB 22 webpage, including FAQs and a step-by-step guide to completing applications. If your application period opens tomorrow, be aware that many people may be trying to access the application portal at the same time, so please be patient. And if you are unable to log in, email [email protected] so the good people at that agency can help iron out any problems.
Judicial compensation
The Judicial Compensation Commission (JCC) took public testimony yesterday in preparation for making recommendations to the legislature on whether—and how much—judicial compensation in Texas should be increased. (And with it, the state salaries of elected felony prosecutors and the state supplements for elected county attorneys.)
If you recall from the most recent legislative cycle, the JCC’s 2022 report (PDF available here) recommended a 22 percent increase to the judicial benchmark salary of $140,000 as well as the adoption of the cross-credit service concept for judges and prosecutors to protect their seniority. That second bit crossed the finish line and was signed into law (as was a separate measure to grant certain elected DAs longevity pay), but general pay raise legislation died a grisly inter-chamber death when the House and Senate could not agree on a solution. Now, the JCC is again tasked with crafting an updated judicial compensation report for legislators to consider in 2025.
At today’s hearing, the JCC members heard testimony from Chief Justice Hecht and a judicial representative for the intermediate appellate courts, district courts, and county courts, respectively, along with witnesses representing both sides of the civil justice system (plaintiff and defense bar). Prosecutors were also well-represented thanks to Comal CDA Jennifer Tharp and 8th Judicial DA Will Ramsay. These witnesses covered all the usual bases while also noting new factors negatively impacting the recruitment and retention of judges and elected prosecutors, both economic and personal (such as the increase in threats made against the judiciary). The various presentations seemed to be well-received by the JCC members, who will take the comments into consideration when making their final recommendations to the legislature this fall. Keep an eye out for more details on that report in a future lege update.
House Bill 17
Hurricane Beryl led to the cancellation of several interim hearings in July, but the House Criminal Jurisprudence Committee was still able to meet in Austin to review the implementation of various bills from last session, including HB 17 by Cook (R-Mansfield), the so-called “rogue prosecutor” bill. Testimony on the implementation of HB 17 was relatively brief, with the bill’s author taking the opportunity to point out that the lack of prosecutors being removed for HB 17-related violations is proof that the deterrent intent of the bill is being fulfilled.
While that change in practice by some prosecutors may satisfy many legislators, this general topic is still of political interest at the national level during a presidential election year, so don’t assume that the successful implementation of HB 17 will be the last we hear of this subject.
For those interested in more details of the committee’s review of HB 17, you can fast-forward to the 02:21:30 mark of this archived video to watch that 35-minute discussion.
Artificial intelligence (AI)
The 88th Legislature passed a bill in 2023 to create an Artificial Intelligence Advisory Council (AIAC) that will present recommendations to the 89th Legislature for legislation to consider in 2025 related to that topic. The AIAC held a hearing this month at which it took testimony on the impact AI is having on local governments, including prosecutors’ offices. The latter topic was very ably addressed by prosecutors Mike Holley and Chris Seufert from the Montgomery County DA’s Office, who discussed how their office uses AI to help prosecute case more efficiently and, conversely, how the bad guys are also using AI to commit new crimes (especially crimes involving deep fakes and child pornography, two topics which the legislature is planning to address next session). Those interested in reviewing their testimony and the AIAC’s overall consideration of prosecution-related issues surrounding AI can watch that 40-minute excerpt via this archived video (start at the 02:39:50 mark).
Also, keep an eye out for an article from Mike Holley in our next issue of the Texas Prosecutor discussing how his office is exploring the promise and pitfalls associated with AI. Montgomery County DA Brett Ligon and his staff are operating at the forefront of this new technology and we are grateful they are sharing that experience with the rest of our membership.
Upcoming hearings
Here are some relevant interim charge topics cued up for consideration in August:
Thursday, August 15, 2024
House Homeland Security & Public Safety, 10:00 a.m., Room E2.012
- Implementation of SB 602 (authority of federal border patrol)
- Law enforcement use of less-lethal devices
Tuesday, August 27, 2024
Senate Business & Commerce, 9:00 a.m., E1.012
- Monitor the findings of the AIAC and make recommendations for future AI regulations
For more information about a specific hearing listed above, click on the link to the committee. For additional questions, contact Shannon.
Round-Up rides on
We have been cranking out weekly “Round-Up” emails all summer with links to interesting news stories on topics that may impact your work. If you aren’t already one of the hundreds of subscribers benefitting from those weekly emails, sign up here to start receiving them in your inbox every Thursday morning.
Election Law Seminar
The Secretary of State’s Office is hosting its 42nd Annual Election Law Seminar for County Election Officials in Austin on August 12–14, 2024. To learn more about this training, click here.
TAC Legislative Conference
The Texas Association of Counties’ 2024 Legislative Conference will also be held in Austin at the end of August. Early bird rates end August 6, so to learn more about this course or to register for it, click here.
Quotes of the Month
“Our bill is working as we intended & internal policies at the @DATravisCounty have been changed.”
—State Rep. David Cook (R-Mansfield), author of HB 17 to “rein in rogue district attorneys,” in a tweet after the House Criminal Jurisprudence Committee reviewed implementation of that bill.
“What we intend to show is that negligence doesn’t explain this oversight. It is the role and function of prosecutors to be aware of the elements of the statutes that they are charging.”
—David Donatti, ACLU of Texas lawyer representing Lizelle Gonzalez, who is suing her local sheriff and prosecutors after being mistakenly jailed for murder following a self-managed abortion in 2022.
“We agree with the ACLU in that ‘we expect and demand that our elected officials follow the rule of law.’ … This is why we are calling on all DA offices, including Starr County, to direct their resources and attention toward the pro-abortion cartels smuggling abortion pills across the border and advertising illegal abortions on billboards in South Texas. Every district attorney should follow Texas’ pro-life laws.”
—Dr. John Seago, president of Texas Right to Life, commenting upon the lawsuit filed by Ms. Gonzalez (above).
“Like so much else these days, responses are likely to be a Rorschach test. People will pull out the points that best advance their political and policy agendas. You can slice and dice the numbers almost any way you want if you are so inclined.”
—Adam Gelb, president and CEO of the Council on Criminal Justice, as quoted in a New York Times article about a recent report from that group showing homicides continuing to decline from recent peaks during the pandemic.
“Normally going into session is a fun exercise. We look forward to it. In this atmosphere, with so many combative camps, there’s a lot of uncertainty and consternation about how the session will unfold.”
—State Rep. Carl Tepper (R-Lubbock), as quoted in a Dallas Morning News story about Texas House Republicans’ summer of discontent following their bruising primaries.
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