Check out this post: http://capitolannex.com/2009/11/08/federal-court-asked-to-reopen-lawsuit-against-keller/)
Although it was lost in the news cycle late last week because of the tragedy at Fort Hood, an interesting story has emerged in the continuing saga of Court of Criminal Appeals presiding judge Sharon Keller.
The daughter of Michael Richards—the death row inmate for whom Keller refused to keep the court open to accept an appeal—has asked a federal judge in Austin to re-open a lawsuit against Keller.
The Statesman has more:
Claiming that Judge Sharon Keller made contradictory statements to two separate courts, the daughter of executed inmate Michael Richard moved Thursday to reopen a federal lawsuit against the state’s highest criminal judge.
The lawsuit was thrown out last year after Keller argued that she was acting as a judge — and therefore immune from lawsuits — when she declined to keep the state Court of Criminal Appeals open past 5 p.m. to accept a 2007 execution-day appeal from Richard’s lawyers.
But in August, during a special trial on charges that she violated her judicial duties in the Richard case, Keller testified that at the time she was acting in an administrative capacity, not as a judge.
While on the stand, Keller was asked why she didn’t follow the court’s execution-day procedures, which would have required Cheryl Johnson, the judge assigned to handle last-minute appeals from Richard, to field the lawyers’ request for more time.
Keller replied that she considered her response to the request an administrative act instead of a judicial one, thus exempting her from the execution-day procedures.
Based on that testimony, the Texas Civil Rights Project on Thursday asked U.S. Judge Lee Yeakel to reinstate the lawsuit.
[…]
Judges acting in their administrative capacity are not immune from lawsuits, said Jim Harrington, director of the civil rights group.
“You can’t have it both ways. You can’t argue out of one side of your mouth in federal court,” then argue differently in another court, Harrington said. “This is a judge who understands the law, who understands how important it is to plead correctly … and to say things correctly when under oath.
“I think this speaks volumes about her integrity and her truthfulness.”
Efforts to reach Keller’s lawyer, Chip Babcock, were unsuccessful Thursday.
The federal lawsuit, filed in 2007 by Marsha Richard, the executed man’s wife, accuses Keller of violating Richard’s constitutional rights of due process and access to the courts. The suit, later joined by Richard’s daughter, Doreen Anderson of Crockett, seeks an unspecified amount of money in damages. The Texas Civil Rights Project is working on behalf of Anderson.
“Judges are supposed to uphold the law and do the right thing, regardless of how they feel about something,” said Anderson, 31. “If you are put in that position to do the right thing, then you should do the right thing.”
Harrington is correct: Keller cannot have it both ways. Whether the federal court will find a way to allow the case to be reopened is another matter. In the interest of justice, it should be done, but I suspect it is a judicial longshot.
Check out this post: http://capitolannex.com/2009/11/06/hopson-reported-to-be-switching-parties/)
Capitol Annex has learned that State Rep. Chuck Hopson (D-Jacksonville) is reported to be switching parties later today. We have been unable to reach Rep. Hopson’s office to confirm this, but Texas Governor Rick Perry’s staff has reportedly been touting this fact to the capitol press corps this morning.
Hopson has a news conference scheduled for later today. A switch for Hopson is unsurprising. He won his 2008 re-election contest by a very small margin and narrowly fended off a House-floor election challenge.
Hopson has previously had key House Republicans, including State Rep. Warren Chisum (R-Pampa) in his district helping him with campaigns, including blockwalking.
Check out this post: http://capitolannex.com/2009/08/19/corporate-lawyer-will-seek-gop-nomination-in-miklos-101st-district/)
Greg Noschese, a business litigation attorney in the Dallas office of Munsch Hardt Kopf & Harr resigned from the Mesquite City Council on Monday and will seek the GOP nomination in House District 101. The seat is presently held by freshman Robert Miklos (D-Mesquite).
You can view his resignation speech here.
Although Republicans won’t have an easy time defeating Miklos, you can expect a bloodbath in the primary because it is doubtful that Noschese is the kind of candidate that will really appeal to his party’s ultra-conservative base. In addition to humorous off-color jokes, he’s on record supporting a local option alcohol election (not exactly what today’s Texas GOP ultraconservative is made of).
As for general election voters, the fact that his client list includes TARP-whore/troubled asset queen Wachovia, aren’t exactly items that will make him a wanted commodity.
Check out this post: http://capitolannex.com/2009/08/17/hutchison-makes-run-for-texas-governor-official/)
U.S. Senator Kay Bailey Hutchison today made her run for Texas Governor “official,” with campaign announcements in LaMarque and Austin today.
Hutchison will face off against Texas Governor Rick Perry—the state’s longest serving chief executive—in a battle for the hearts and minds of GOP primary voters next March.
While it was never really in doubt that Hutchison would finally enter the governor’s race this time—after toying with the idea in 2006—the media noted that today’s announcement put an end to “speculation” about her intentions:
U.S. Sen. Kay Bailey Hutchison this morning ended months — some would say years — of speculation by formally announcing as a Republican primary challenger to the longest serving governor in Texas history: Rick Perry.
More from the Chron story:
“It is with pride and humility for history that I announce today that I am a candidate for governor of Texas,” said Hutchison, recalling that a great, great grandfather signed the Texas Declaration of Independence.
[…]
Hutchison was introduced to the crowd by Karen Hughes, a top adviser to former Texas Gov. and President George W. Bush. Hughes told the crowd that she had voted for Perry in the past but that it is time for a change with Hutchison.
“This year we have to choose between them,” Hughes said. “We need someone … who brings people together.”
At least two people from Perry’s campaign were in the audience giving reporters material critical of Hutchison. Perry spokesman Mark Miner criticized the size of the audience.
“It must be very disappointing, the lack of people that showed up to support her in her hometown,” Miner said.
Hutchison spokesman Jeff Sadosky said the school was chosen because La Marque was her hometown, not to throw a large rally. “We never intended to fill the gym.” Sadosky said.
While it is easy to see both sides of that argument—there are only 13,000 in La Marque and it is doubtful many folks who knew Hutchison as a child are still around, plus it is a Monday and most of the population is at work—it is still difficult to believe she couldn’t pull more than 150 people for this. I’m not sure, however, if I was a Perry campaign strategist, that would be the best criticism I could muster.
Still more:
In her announcement, Hutchison made no direct reference to her stated plans to resign her Senate seat in either October or November to concentrate on the March 2 GOP primary. But she promised to fight President Barack Obama’s health care overhaul “while I’m in the Senate.”
Hutchison made it clear that she plans to aggressively contest Perry on issues such as the economy and education. But she also is going after his political base among social conservative and rural voters by reminding them of Perry’s past support for state-mandated vaccinations against a sexually transmitted disease and for backing the rural land-gobbling Trans-Texas Corridor.
“Let me start by saying this about Rick Perry. He’s a dedicated public servant. I know he loves Texas. But now he’s trying to stay too long — 14 years, maybe longer,” said Hutchison.
Hutchison said she will propose term limits of eight years for governor. Hutchison in 1994 had promised a self-imposed term limit of two full turns in the Senate, a promise she broke in 2006 to successfully seek a third full term in the Senate.
“For any governor, eight years is enough,” Hutchison said. “We can’t afford 14 years of one person appointing every state board, agency and commission. It invites patronage. It tempts cronyism.”
Oh, Kay. More term limits? Seriously? You failed to fulfill your last term limits pledge. Also, are you not aware that Texas voters—not the governor—actually have to make that decision in a constitutional amendment election? Have you really been in the U.S. Senate so long that you forgot how Texas government works?
And more:
She chided Perry for the state’s new business tax, which she called a “job killer,” and for refusing to take federal unemployment stimulus money with the result being higher taxes on businesses.
My question is this: How can Hutchison have it both ways? How can she complain about Perry
not taking the stimulus money for unemployment but complain about Obama’s healthcare plan?
Check out this post: http://capitolannex.com/2009/08/17/cd-17-chet-edwards-will-hold-town-halls/)
Texas Congressman Chet Edwards (D-Waco) on Monday announced a series of in-person and telephone town hall meetings with constituents in the 17th Congressional District. Republicans, of course, had been moaning and groaning about Edwards only holding tele-town halls because those events gave them no opportunities to hold signs complaining about “Obamacare,” “Socialized Medicine,” and the rest of the stuff they think looks good painted on homemade signs.
From Edwards’ press release:
U.S. Representative Chet Edwards today announced a series of health care meetings with constituents throughout his district on the topic of health care over the next three weeks. Edwards will hold a telephone town hall meeting on Thursday August 20th from 6:30-8:00pm that will dial over 200,000 homes in all twelve District 17 counties.
chetedwards.jpg
Later in the month, Edwards will hold three regional town halls in Brazos, McLennan, and Johnson counties. Dates and locations for regional town hall meetings will be announced once details are finalized. From Monday through Saturday of this week, he will have 19 meetings with doctors, nurses, hospitals, small businesses, working families, community leaders and local journalists.
“I intend to spend the next three weeks carefully listening to health care providers and everyday citizens in our district about what the proposed health care reforms would mean for them and their families. I will not vote for a single-payer, Canadian-style nationalized health care plan, and before I make any commitment on any health care legislation in Congress, I want to hear the views and concerns of as many constituents as possible. That is why I made it clear earlier this month that I would not support a vote on health care in the U.S. House before Members of Congress had a chance to carefully review the legislation and to listen to constituents,” commented Edwards.
“In addition to the intensive health care schedule we had planned weeks ago, including a telephone town hall call to over 200,000 homes in twelve counties, I am adding three regional public town hall meetings. While I had some initial concerns about a handful of people disrupting the discussion, the overriding principle for me is to allow district constituents the opportunity to ask questions, have their voices heard, and participate in an honest dialogue on health care.
Interestingly, it appears from Edwards’ release that some of the folks who were eager to protest his town halls may have decided to stand down:
“Over the last several days, a number of protesters have agreed with me that it would be inappropriate to disrupt public meetings on health care. I appreciated their comments and hope they will keep their commitment to respect the rights of all citizens to be heard.
“The issue of health care is vitally important to our families, businesses and nation’s future. By having open, honest and respectful discussions, I hope we can further the cause of protecting the strengths of our present health care system while addressing the concerns of rising health care costs,” concluded Edwards.
We’ll see how that plays out.
Check out this post: http://capitolannex.com/2009/08/17/tom-delay-will-join-cast-of-dancing-with-the-stars/)
Just when you thought network television could stoop no lower in its quest for reality show ratings points comes this utterly nauseating announcement from ABC:
Former House Republican Majority Leader Tom DeLay will be one of 16 celebrity-ish contestants on this season of ABC’s hit show “Dancing with the Stars.”
Yes, you read that right.
The Texan, who built a reputation out of twisting arms, joins Donny Osmond, actors Melissa Joan Hart, Debi Mazar, model Kathy Ireland, reality TV star Kelly Osbourne and former Dallas Cowboys wide receiver Michael Irvin, among others, in the competition.
“The former House Majority Leader is a prominent Republican and conservative firebrand,” reads a bio of DeLay in the cast announcement.
The line-up for the ninth season, which begins Sept. 21, was announced this morning on ABC-TV’s “Good Morning America.”
Interestingly, the media has by and large failed to mention that DeLay is actually
under indictment in Texas for his actions relating to the 2002 elections. Perhaps
Squeaky Fromme will be
Dancing’s next celebrety?
Check out this post: http://capitolannex.com/2009/08/12/tx-hd-4-brown-faces-several-opponents-and-massive-opposition-from-asian-american-community-in-re-election-bid/)
After a session of being marginalized after the defeat of House Speaker Tom Craddick and racial gaffes, State Rep. Betty Brown (R-Terrell) could be in the fight of her political life.
Not only does she have at least three announced primary opponents, but the Asian American political community is gearing up to commit resources to aide in her defeat.
First, let’s take a look at the potential opponents. One is a former Brown staffer (or, intern, depending upon who you believe), named Lance Golden. Golden could have problems proving residency in the district, however; he has been voting and living in Houston according to the online publication Quorum Report.
Via QR:
Others filing papers this summer to run in HD 4 include Jeffrey Fulgham Jr., an executive at the First State Bank of Brownsboro, and Melissa Pehle-Hill who announced her candidacy at the Athens Texas Independence Day Tea Party. Neither responded to attempts by QR this afternoon to contact them for comment about their candidacies.
Wade Gent, who gave Brown a good run in the 2006 and 2008 GOP primaries, filed a fundraising report last month but QR has yet to ascertain whether Gent plans to make a third run for the HD 4 seat. A call placed to his Kaufman law office was not immediately returned.
And, that’s not the worst of Brown’s problems. Via Texas Insider:
Via
Capitol Inside:
But the biggest threat that Brown might encounter when she seeks another two-year term next year is an aggressive attempt to knock her out by Asian-Americans at the national level who are still fuming about a remark she made during a House Elections Committee hearing on the voter ID bill in April.
Brown triggered a firestorm that drew headlines around the world when she suggested that Asian-Americans should change their last names to make them easier for poll workers to identify when they show up to vote in the United States.
While it’s unclear at this time whether the Asian-American community in Texas and outside of the state will rally behind a GOP challenger like Gent or a Democratic contender in the HD 4 race, one group plans to go all-out in its attempt to put an end to Brown’s political career at the ballot box next year.
The Asian Political Leadership Fund - in fact - reportedly has a television advertisement ready to run with the following script that seizes on the furor that Brown sparked with her views on Asian-American names in the context of voting:
“The world should see Texas as a big, modern, important state with the twelfth largest economy on earth.
Unfortunately, some of our politicians still seem pretty small.
Betty Brown — she made national news when she said U.S. citizens with Asian names should give up their birthright in order to vote.
If Texas is going to play a bigger role on the world stage, shouldn’t our leaders be bigger, too?”
While Brown offered an apology to anyone who was offended by her remarks at the committee hearing, she has refused to apologize for her conservative views and says her desire to pass a meaningful voter ID bill is one of the main reasons she’s running again for the House.
Brown was the lead sponsor on the voter ID legislation when it won approval in the House in 2007 before it died in the state Senate when Democrats used the two-thirds rule to kill it there.
But Brown was stripped of her lead role on voter ID after Speaker Joe Straus replaced Tom Craddick in the House’s top leadership post and designed the new Elections Committee chairman, Republican State Rep. Todd Smith of Euless, for the sponsorship duties on the highly controversial issue. The voter ID bill cleared Smith’s committee before Democrats used stalling tactics to kill it on the House floor during the final stretch of the session.
“We still have people voting illegally in Texas, and I am asking for your support to go back to Austin to end voter fraud,” Brown said.
Check out this post: http://capitolannex.com/2009/08/12/trautman-will-make-second-try-for-harris-county-tax-office/)
Diane Trautman has formally announced that she will be a candidate for the post of Harris County Tax Assessor/Collector in the 2010 special election to fill the unexpired term of Paul Bettencourt, who resigned weeks after he defeated Trautman last fall amid mounting criticism over the way his office handled voter registrations in the 2008 election cycle.
Trautman will likely face Leo Vazquez, the placeholder appointment of the Harris County Commissioners’ Court to the post next November.
From her announcement email:
So at the urging of my friends, family, and supporters, I have decided to run again for Harris County Tax Assessor/Collector in 2010 because I think that we must protect the integrity and public trust of the county electoral system. You just can’t have candidates running, winning, and then quitting and expect people to believe that their vote counts. And you can’t have top-level employees involved in counting ballots moonlighting in a side business that sells voter information to only one political party. I want to change the way people think about the Harris County Tax Office and the Harris County Tax Assessor by leading the way for ethical changes in the administration of that office.
I have over 30 years of administrative and leadership experience in banking and education and am involved in community service organizations across Harris County. Not only have I run a large organization with many employees but I have also taught others to do the same as an assistant professor teaching graduate classes in Ethics and Leadership.
My race for Tax Assessor-Collector will be about one thing.improving Harris County government. I will work hard to bring back honest and ethical leadership to the Harris County Tax Office by modeling appropriate officeholder behavior and expecting the same of my employees. I will insure a fair tax appraisal system for all Harris County taxpayers and be a voice for property rights. Finally, I will build a voter registration system that increases voter participation, and I will protect the right to vote for every Harris County citizen.
Check out this post: http://capitolannex.com/2009/08/12/tx-hd-43-ybarra-will-have-opponnent-in-democratic-primary/)
Kingsville businessman J. M. Lozano has announced that he’ll challenge freshman State Rep. Tara Rios Ybarra (D-South Padre Island) in the Democratic Primary next March.
Via the Rio Grande Guardian:
Lozano is the owner of a restaurant franchise. He has a Bachelors degree in Government from the University of Texas at Austin and a Masters degree in Administration from the University of Incarnate Word in San Antonio. He has previously served in Congressman Rubén Hinojosa’s office in the Rio Grande Valley.
“I am proud to have been born and raised in rural South Texas. South Texas gave me a good education, strong family values, honesty, and integrity. It showed me to cherish the simple things in life and to remain grounded in reality. South Texas gave me my voice but my voice will always belong to South Texas,” Lozano said, in his commentary on You Tube.
Rios Ybarra defeated State Rep. Juan Escobar (D-Kingswood) in the Democratic primary last March; she was financed heavily by lobby money. Rios Ybarra was regarded at the time as an ally of former House Speaker Tom Craddick.
Check out this post: http://capitolannex.com/2009/08/04/relationship-between-hutchisons-earmarks-and-her-husbands-bond-business-again-under-the-microscope/)
With some amusement,
we note that this passes for news today, even though the story is years old:
As the state’s senior U.S. senator, Kay Bailey Hutchison has secured hundreds of millions of federal dollars for public projects across Texas. As one of the state’s top public finance attorneys, her husband, Ray Hutchison, has helped issue and defend the government bonds that benefit many of the same cities and public agencies getting that federal money.
Seriously, the Associated Press only now realized there is an incestuous relationship between Kay Bailey Hutchison’s earmarks and her husband’s bond clients?
Don’t get me wrong: I’m glad to see the story written and it was well written, but anyone who is politically aware is already aware of this. What we don’t have is a list of Senator Hutchison’s earmarks meshed with a list of Ray’s clients. Now that would be something to see. Any takers?
Also, although Senator Hutchison isn’t running afowl of Seate ethics rules, we wonder if Mr. Kay Bailey Hutchison (aka Ray) is running afoul of any of the state bar’s canon of ethics in representing folks that his wife secures earmarks for? That would be interesting to know. We won’t hazzard a guess on if he does or doesn’t, but it would be interesting to find out.
