“Omicron,” eh? Well, at least we finally found a real-world benefit to being forced to memorize the Greek alphabet before a lit match reached our fingers. #hazing

Latest SCOTX emergency order

We’re still in the midst of a statewide disaster declaration due to COVID-19, so the Texas Supreme Court issued Executive Order No. 45 on the Wednesday before Thanksgiving to renew its previous edict on various pandemic proceedings (which would have expired on December 1, 2021). This latest order appears to be the same as past orders in regard to the major pandemic issues—e.g., still no remote jury trials over a party’s objection in a jailable criminal case—and it will last until February 1, 2022, unless amended or extended before that date.

Fourth time’s the charm?

The conventional wisdom in Austin is that our governor will call a fourth special session to begin sometime in January to address federal vaccine mandates (and whatever else it is that a governor who is running for re-election wants to address). Most of the offerings on recent special session menus haven’t directly involved prosecutors, but the current border situation could raise prosecution-related issues during a called session, so we’ll keep you posted if we hear anything actionable.

Funny money

Speaking of the border, if you are wondering where the state got $3+ billion to throw at that issue during the most recent special session, look no further than the comptroller’s latest budget projections. Based on current trends—including a see-saw price of oil that is still higher than past years—the comptroller’s office predicts the state could have as much as $23 billion on hand by the end of this budget cycle (August 2023). Half of that will be Rainy Day Fund money and the other half will result from increased sales tax revenues. And those figures do not include federal pandemic relief still headed from Washington, D.C., to Texas. What this will mean for the 2023 legislative session remains to be seen, but we will keep an eye on this issue over the next year for the interest of those of you with innovative ideas for how the state could use its growing nest egg.

Elected Prosecutor Conference this week

Speaking (again) of the border, we will kick off our 2021 Elected Prosecutor Conference on Wednesday with a panel of local prosecutors who will provide their opinions of the situation from their front-row seats. Online registration for the program has closed, but walk-in registration will be open on location at the Rockwall Hilton Hotel, so come join us if your schedule allows! Details on dates, classes, and location are available HERE.

Scattershooting

Some articles that you might find interesting:

• “Oregon’s pioneering drug law raises more questions than answers in early months” (Oregon Public Broadcasting)
• “Dangling air fresheners and ‘faulty’ plates: These Texas police make the most minor traffic stops” (Houston Chronicle)
• “New Study Finds Staffing Shortages, High Workloads and Low Compensation Among the Nation’s Largest Prosecutors’ Offices” (press release and report from the Association of Prosecuting Attorneys)

Quote of the Week

“Still in Texas. Worst drivers so far.”
            —Kent Wosepka, a cyclist from Massachusetts, posted online during on a cross-country ride from California to Florida the day before he was struck and killed by a motorist in Liberty County.

“On both sides, this is gonna be an angry and existential election.”
            —Zack Malitz, field director for Beto O’Rourke’s 2018 Senate campaign, making a prediction about the potential Abbott/O’Rourke general election campaign for governor in 2022.

“It’s pretty hard to think of situations where a Democrat does something so bad or a Republican does something so bad that their own partisans will en masse turn on them.”
            —Joshua Blank, research director of the Texas Politics Project, when asked to explain recent poll results for certain races on next year’s ballot.

“Just chill out. Drink a 7-Up. Eat a Moon Pie. Quit murdering people.”
            —Grady Judd, Polk County (FL) sheriff, offering his prescription to cure a recent surge in violent crime in his community.

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