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Keller Wants Her Conduct Judged By A Stricter Standard Than Allowed In Hearing

Check out this post: http://capitolannex.com/2009/08/04/keller-wants-her-conduct-judged-by-a-stricter-standard-than-allowed-in-hearing/)
Sharon Keller believes that ethics charges brought against her should be required to be judged by a higher standard than that required by the rules of the Texas Commission on Judicial Conduct—even though all other judges are held to the Commission standards.

In a motion filed last week, Keller, the Presiding Judge of the Texas Court of Criminal Appeals who is facing possible removal from office for her actions related to the closing of the state’s highest criminal court before the execution of Michael Richards, argues that the judge trying her case should base his findings of fact on the evidentiary standard of “clear and convincing evidence.”

TCJC rules, however, stipulate that special masters hearing cases such as Keller’s should use the “preponderance of the evidence” standard.

It is amusing that Keller, who has presided over a court that has played fast and loose with standards in various cases—such as execution of the mentally retarded—would make this request.

If Keller’s request is granted, it would mean that a trier of fact (the special master or judge) would have a more difficult time finding her to have violated the standards of judicial conduct. It would also mean that Keller would be tried by a standard of evidence that doesn’t apply to other judges.

It is doubtful the Court will grant Keller’s motion, but stranger things have happened.

Dallas Mayor Tom Leppert Entering U.S. Senate Race?

Check out this post: http://capitolannex.com/2009/08/02/dallas-mayor-tom-leppert-entering-u-s-senate-race/)

It appears that Dallas Mayor Tom Leppert may be entering the race to replace Kay Bailey Hutchison in the United States Senate.

Via the Dallas Observer:

The speculation is that Leppert might consider running for Senator Kay Bailey Hutchison’s seat early next year should she decide at the end of this year to enter the Republican gubernatorial primary and should she also decide to resign from the Senate. (Hutchison wouldn’t be required by law to quit the Senate in order to run for governor, but everybody assumes she would.) I spoke with Leppert’s City Hall chief of staff, Chris Heinbaugh, and his political consultant, Mary Woodlief, to tell them I was working on a story about a possible Senate run and to ask for comment from the mayor. The response was radio silence from Leppert—not even a no-comment, just silence, reminding us of his response when we asked for details about his plan for taking over the school system. The speculation that he will run persists, however, based on the widely held belief that a special election to replace Hutchison would give Leppert a window that won’t be open again for another 15 years or more. In other words, it’s a chance he can’t afford to miss. Leppert was a private businessman before getting elected mayor of Dallas the first time in a run-off in June 2007. Since then he has established himself as a formidable campaigner and political money-raiser but not so much as a Republican.

In addition to alienating some of the Republican base, Leppert would have other problems as a candidate. As a big-city mayor, he’s taken dozens—if not hundreds—of actions (like the city-owned convention center hotel) that would make Leppert an opposition researcher’s dream.

The last big city mayor in Texas to run for statewide office was former Dallas Mayor Ron Kirk—and we all know how that turned out. Don’t expect Leppert to fair better (in fact, were he to run, expect him to fair far worse—as in not getting out of the starting gate).

Rodriguez Will Make Another Run For Flores' HD 36 Seat

Check out this post: http://capitolannex.com/2009/07/31/rodriguez-will-make-another-run-for-flores-hd-36-seat/)
Quorum Report is reporting that Sandra Rodriguez will make another run against indicted State Rep. Kino Flores (D-Palmview) in the 2010 Democratic Primary.

Rodriguez came within a thousand votes of defeating Flores in last year’s primary.

Pete Sessions Decries Earmarks, But Snagged $1.6 Million To Build Blimps

Check out this post: http://capitolannex.com/2009/07/30/pete-sessions-decries-earmarks-but-snagged-1-6-million-to-build-blimps/) Texas Congressman Pete Sessions (R-Dallas), head of the National Republican Congressional Committee, an avid opponent of earmarks, is under the microscope of the national media for a $1.6 million earmark for “dirgible research” for an Illinois company. The problem is that the Illinois company admits it can’t actually build any blimps. Via Politico:

Yet in 2008, Sessions himself steered a $1.6 million earmark for dirigible research to an Illinois company whose president acknowledges having no experience in government contracting, let alone in building blimps. What the company did have: the help of Adrian Plesha, a former Sessions aide with a criminal record who has made more than $446,000 lobbying on its behalf. Sessions spokeswoman Emily Davis defends the airship project as a worthwhile use of federal funds and says it could eventually lead to thousands of new jobs in Sessions’s Dallas-area district. But the company that received the earmarked funds, Jim G. Ferguson & Associates, is based in the suburbs of Chicago, with another office in San Antonio — nearly 300 miles from Dallas. And while Sessions used a Dallas address for the company when he submitted his earmark request to the House Appropriations Committee last year, one of the two men who control the company says that address is merely the home of one of his close friends. Jim G. Ferguson IV — the younger half of the father-son team behind Jim G. Ferguson & Associates — told POLITICO that he and his father are trying to build an airship with a “high fineness ratio” that can be used in both military and civilian applications. Fineness ratio is the technical term for the relationship between an airship’s length and its diameter; the higher the fineness ratio, the longer and more slender the airship is. A blimp with a very high fineness ratio could fly faster and be able to stay aloft longer — the holy grail for airship designers during the past century. Yet Ferguson acknowledged that neither he nor his father has a background in the defense or aviation industries, nor any engineering or research expertise.

On Federal Election Commission forms, Ferguson’s occupation has been listed at various times as lobbyist, rancher or self-employed investor. When asked about his activities since the first Bush administration, Ferguson said he was “just working, doing a bunch of different stuff.” He has also donated money to Sessions and other Republicans. FEC records show that Ferguson contributed $5,000 to Sessions’s leadership PAC in October 2007. Overall, Ferguson and his father have given $18,500 to GOP lawmakers over the past six years. Ferguson declined to describe his relationship with Plesha. “I’ve known him for a long time,” Ferguson said. “As you know, [Washington] is a small town.” Likewise, Plesha would not comment about his work with the Fergusons or about any interactions he may have had with Sessions or his office concerning the earmark. “As a policy, I never discuss anything regarding my clients other than what is already publicly available or required to be disclosed by law — especially for a client such as this where their technology is very much sought after by the larger defense and corporate shipping firms,” Plesha said in a statement provided to POLITICO. In 1997 — before going to work for Sessions — Plesha was arrested for illegal possession of a handgun in Washington, after he shot a man who was burglarizing his apartment, according to court documents. Plesha claimed he had acted in self-defense, but the burglar said Plesha shot him three times in the back as he was running away. Plesha pled guilty to the handgun charge, was sentenced to 18 months’ probation and ordered to do 120 hours of community service.

Progressive States Network Looks At 81st Session

Check out this post: http://capitolannex.com/2009/07/30/progressive-states-network-looks-at-81st-session/) The Progressive States Network has a short analyisis of the 81st Session of the Texas Legislature which is worth reading. We’ve printed it below the fold.

The Texas legislature only meets once every two years, and this year there was enough drama, both real and fabricated, to last until they reconvene in 2011.  The biggest story by the end of the session was the minority parties ability to kill voter ID legislation in the House by “chubbing” or running out the clock by meticulously debating non-controversial legislation.  The need to prevent the disenfranchising ID bill has the unfortunate consequence of killing much good legislation.  And the primary reason there was good legislation to pass in the House was the big intrigue from the beginning of the session - the election of a compromise speaker with minority party support, replacing long-time speaker and conservative stalwart Tom Craddick. Fabricated drama came primarily came from the governor, who spent much of the session ginning up anti-government fervor with attempts to reject recovery act funding, complete with pandering statements about seceding from the Union.  Like other GOP presidential hopefuls, he blustered about not wanting the money while lawmakers admitted that without the help the state’s budget would have been a mess. The other item that the governor and conservatives used to distract the public was another push for voter ID supported by false, and often racist, claims of voter fraud.  The final big drama of the legislative session was the need to come back for two special sessions because the voter ID fight in the House had left some executive agencies without authorization to conduct business.  In the end essential legislation on the agencies and a few other matters were passed relatively quickly. Budget and Stimulus:  The state is slated to receive over $16 billion over two years in recovery act funds, and passed a two-year budget of over $180 billion.  And while recovery act money has prevented draconian cuts in essential services such as education, and fueled rapid spending on transportation infrastructure, Governor Perry has used the stimulus as a political football, making a show of refusing hundreds of millions of dollars in unemployment insurance benefits for the people of his state.  Lawmakers made concerted efforts to override the governor’s decision, but were unable to get a bill to force the issue out of both houses. Using the recovery funds, the state pass a balanced budget, while being unwilling to tap the state’s rainy-day fund of approximately $9 billion despite the economic crisis.  At the same time, the fiscal gains from the reviled stimulus was also used to expand the franchise tax exemption to 40,000 additional small businesses with revenue of up to $1 million.  Unfortunately, the state’s business tax revenue is falling already and a structural deficit threatens to force severe budget cuts in the next biennium. Privatization:  Private toll roads legislation died even as the governor personally pushed it to the very end of the special session.  While Gov. Perry has aggressively pushed privatization, in roads and elsewhere, for many years, serious scandal and misuse of public money has gone hand in hand with this expansion and undercut support in the legislature. Healthcare: The big story on healthcare this session is what didn’t happen - expansion of the Children’s Health Insurance Plan (CHIP) to 80,000 more kids.  Texas remains the nation’s leader in uninsured kids with a quarter of the state’s children lacking health coverage and one in six of every uninsured child in the country lives in Texas.  The CHIP expansion got held up by the voter ID debate, but lawmakers were in strong support of the measure and tried mightily to get the governor to include the legislation in the special session to no avail.  HB 3485, another important healthcare bill was vetoed by the governor.  The bill would have allowed hospitals in counties of 50,000 or less to employ physicians, helping to reverse the shortage of doctors in rural areas of the state.  On a more positive note, a smoking ban for all workplaces gained some traction in the legislature, garnering commitments of support from a majority of senators as well as the endorsement of the lieutenant governor.  And, importantly, none of the anti-choice bills put forth by conservatives were successful, including an ultrasound bill that was pushed strongly. Primary and Secondary Education:  Teachers will see a one-time pay raise of $800 under the spending plan for recovery act dollars, and school districts are getting another $2 billion in funding.  This increase is not, however, sufficient to cover shortfalls built up after several years without an increase.  The legislature also passed a revision of the student accountability standards that retains the mandate that students pass standardized tests to advance to the next grade, but reduces the emphasis on the much-derided Texas Assessment of Knowledge and Skills, as well as some other requirements such as the number of mandatory courses. The Senate rejected the nomination of Don McLeroy to continue as State Board of Elections chairman due to his views on creationism and his lack of leadership.  This was a significant victory for science in a state where biology education is under attack.  Unfortunately, the governor is now likely to appoint someone as bad or worse to the post.  In other areas the new budget explicitly bars public funding for private school vouchers; school districts are now required to inform parents whether sex education classes provide any medically accurate information on responsible pregnancy and disease prevention.  Given that a large majority of parents want their children to receive comprehensive, medically accurate sex education, this bill should help achieve that goal in the long run.  Sadly, HB 130, a bill that would have made high quality, full day prekindergarten programs available to tens of thousands of eligible children, was vetoed despite strong bipartisan support. Higher Education: Texas is currently a lagger in its number of tier one research universities.  Newly passed legislation creates funding pools and incentives for emerging research universities to advance to nationally recognized tier one schools.  The guaranteed admission that the top 10 percent of state high school graduates to state colleges is being scaled back with colleges now required to give only three quarters of students based automatic admission.  The law will primarily affect Univ. of Texas’ main campus, which projects that 86 percent of its fall 2009 freshman class will be admitted automatically because they were in the top 10 percent of their high school class. Energy and Environment:  There was an unprecedented flurry of activity and bipartisan support around renewable energy legislation in this session.  Over 50 bills dealing with such matters were introduced and a couple bills, one on solar subsidies and one enhancing the renewable portfolio standard were viable until the very end of the session.  Were it not for the voter ID debate it is likely one or both of these bills would have passed.  This level of support is primarily the result of the state’s current dominance in wind power and the positive impact that is having on the economy.  Yet, in spite of the setbacks, several good pieces of energy legislation did pass:

• HB1937 allows local taxing authorities to offer financing for renewable energy installations with payment to be made through an add-on to the owner’s property taxes.
• HB 1935, a workforce training bill, creates a green jobs training and development program that includes funding through a grant program.
• HB 432 promotes low emissions and plug-in hybrid vehicles for fleets of major State Agencies.

Criminal Justice:  Generally Texas has been moving in a more progressive direction on criminal justice policies in the past few year, that trend continued at a measured pace this session.

• Death Penalty: A statewide capital defense office is being created, here, in the capital of capital punishment.  This long-overdue reform will help resolve the egregious instances of incompetent counsel that have plagued capital defendants in the state for years.  Dedicated capital defenders are essential to ensuring basic fairness for those facing a possible death sentence and defendants in Texas will clearly benefit from this change.
• Human Trafficking: The victims of human traffickers now are able to sue and seek punitive damages from the traffickers and the organizations involved.  Additionally, a task force was established to come up with policies for preventing and prosecuting human trafficking.
• Guns: Both of the gun lobby’s “right to carry” bills failed to pass.  The most notorious would require colleges to allow concealed handguns on campus; the other would have required that employers allow workers to store guns in their parked vehicles outside of work.

Voter ID:  The session started and ended with pitched battles over voter ID.  To begin the session the Senate voted to exempt voter ID from its rule that requires a 2/3rds vote to end debate.  Having unleashed the nuclear option, a photo ID bill quickly passed that chamber.  However, prospects were not clear in the closely divided House even though the bill had passed that chamber in recent sessions.  The committee chairman in charge spent much of the session trying to craft a compromise bill that Democrats would support.  In the end that failed and a bill requiring photo ID or two non-photo ID to vote was sent to the floor late in the session.  That is when the chubbing began, with minority party members debating every bill for the full ten minutes to wind down the clock.   In the end voter ID didn’t come up for a vote.  But the insistence of the majority leadership of pressing on with the bill meant that perhaps hundreds of worthy bills didn’t get a vote.  Hopefully they will get the message that the right to vote is fundamental to our freedom and prosperity and committed advocates within and outside the legislature will continue to fight to preserve it.  On another note, there was a solid election integrity bill passed into law that institutes common sense procedures for handling and testing electronic voting machines.

Hutchison Backtracks On Resignation Talk

Check out this post: http://capitolannex.com/2009/07/30/hutchison-backtracks-on-resignation-talk/) Kay Bailey Hutchison did some quick backtracking yesterday on the issue of when she might resign. From NPR:

But NPR congressional correspondent David Welna reports that Hutchison appeared before reporters late this afternoon to qualify her remarks. She would quit her seat ONLY if Perry dropped out of the race, she explained. (That would be bizarre, to say the least, since Perry is currently leading in the polls.) But here’s what she said:

The point i was trying to make in the interview was that I think there’s a chance that the governor would be dropping out of this race. I mean, it’s pretty unprecedented to have a governor trying to serve 15 years, and i was trying to say that. I stepped back once before [changing her mind in 2006], no one expected him to run for 15 years, and I think there’s a chance that he wouldn’t run because he would see how divisive it is and that he’s trying to stay too long and that you know he can really help in many ways if he doesn’t run, in which case I would be able to then stay in the Senate all the way to the end.

Got that? Me neither. She stays in the Senate if he drops out of the race? So if he runs, she does resign? And if she resigns her Senate seat, that means Perry names her successor. Is that what she’s suggesting?

Hutchison Breaks Promise, Opposes Sotomayor

Check out this post: http://capitolannex.com/2009/07/30/hutchison-breaks-promise-opposes-sotomayor/)

Who Will Perry Pick To Replace Hutchison? Smart Money Is On Dewhurst

Check out this post: http://capitolannex.com/2009/07/29/who-will-perry-pick-to-replace-hutchison-smart-money-is-on-dewhurst/)
Speculation has already begun about who Texas Governor Rick Perry will appoint to replace U.S. Senator Kay Bailey Hutchison if she resigns early, as she indicated this morning, to run against Perry as governor.

Likely possibilities are Lt. Governor David Dewhurst, State Sen. Florence Shapiro (R-Plano), State Sen. Jane Nelson (R-Flower Mound), Railroad Commissioners Michael L. Williams or Elizabeth Ames Jones, former Secretary of State Roger Williams, Attorney General Greg Abbott, and even State Sen. Dan Patrick (R-Houston).

Out of that list, however, the smart money is on Perry picking Dewhurst. Why?

First and foremost, Texas is already getting a lot of heat in national GOP circles because the Republicans don’t like the thought of an expensive special election and runoff election in May; it will drain much needed resources and funds from nationwide donors that are needed in battleground states in the fall. Lt. Governor David Dewhurst could largely self-fund a U.S. Senate race. In fact, he is arguably the wealthiest of any of the names previously mentioned. By appointing Dewhurst, Perry can let the National Republican Senatorial Campaign Committee breathe a sigh of relief, because he’d put a well-moneyed placeholder in the Senate who would likely run for the post.

Second, a Dewhurst appointment to the U.S. Senate makes sense looking at the landscape of statewide officeholders. Perry doesn’t want to sap energy or news coverage (or money) from his primary against Kay Bailey Hutchison. My moving Dewhurst to the Senate, he allows AG Greg Abbott to move up the ladder to the Lt. Governor’s race, where he’d likely be unopposed on the GOP side. With apponents unlikely in the primary for Land Commissioner Jerry Patterson or Comptroller Susan Combs, that leavs only the AG’s race and Agriculture Commissioner Todd Staples with the potential to generate any kind of primary that could possibly suck money, volunteers, or media away from the Perry versus Hutchison contest. And a GOP primary for AG commissioner would probably be a non-entity as far as Perry’s race is concerned.

Too, moving Dewhurst in as the incumbent U.S. Senator will pretty much guarantee that other Republicans will clear the field and not oppose Dewhurst in a special election. Michael L. Williams and Dewhurst’s senate colleagues would probably bow out of such a race—Williams especially because he’s politically savvy and realizes that in four years he could be his party’s frontrunner for governor if he plays his cards right. Elizabeth Ames Jones and former Secretary of State Roger Williams might stay in, but one call from Perry could probably get Williams to bow out for the sake of the Party.

The strategy behind moving Dewhurst in as the incumbent and hoping to clear the field, of course, depends upon Republicans coalescing around the appointed incumbent.

Given the fact that it is a real possibility that a Democrat could retake the seat in a special election, there will be a lot of party pressure to clear the field for Dewhurst so he could have the opportunity to win the race without a runoff (unlikely, but less unlikely with no other big-name Republicans in the field).

Hutchison Gives Early Fall Timeline For Resignation

Check out this post: http://capitolannex.com/2009/07/29/hutchison-gives-early-fall-timeline-for-resignation/) United States Senator Kay Bailey Hutchison told a Dallas radio show host this morning that she will likely resign from the U.S. Senate this fall—specifically in September or October—to dedicate herself full time to her gubernatorial primary against Texas Governor Rick Perry. Via Trailblazers:

Sen. Kay Bailey Hutchison told radio talk show host Mark Davis of WBAP-AM (820) that she will resign from the Senate this fall to focus on her run against Rick Perry in the Republican primary for governor. “The actual leaving of the Senate will be some time, October-November, in that time frame,” she said. It’s her most definitive statement that she will resign, and it’s the first time she has put a specific time frame on her departure. Hutchison said she wanted to stay in Washington long enough to represent the state on key issues Congress is working on, such as health care and climate-change legislation. “I am trying to determine, when is the time that I have done everything I can do to stop” those bills, she said. “And then I’m coming home to try to give leadership to Texas.”

Hutchison added: “No one expected him to run again. You know, I stepped back last time. … I tried to give him a free ride, no primary, because I thought it was the right thing for Texas. But for him to try to stay on for 15 years is too long.”

Racial Tensions Overtake Paris

Check out this post: http://capitolannex.com/2009/07/22/racial-tensions-overtake-paris/) Although the mainstream media has been covering racial tensions in Paris, Texas (Lamar County) in the wake of the death of Brandon McClelland (and release of two men initially charged with his murder), it is a story that doesn’t seem to be getting as much attention as it should. Yesterday, there were protests by the NAACP (along with the Black Panther Party) and, of course, the KKK and neo-Nazis showed up. Via the Star-Telegram:

State police in riot gear rushed a downtown street to break up a standoff Tuesday between hundreds of black and white protesters who exchanged screams of “Black power!” and “White power!” during a demonstration about the state’s handling of the case of a black man who was run over and dragged by a vehicle. A skinhead carrying a Nazi flag and a shirtless white man were arrested on suspicion of disorderly conduct before the protesters separated peacefully, police spokesman Lt. Danny Huff said. The conflict began with a march by a mostly black group of about 100 activists who avoided a designated “protest zone” near Paris’ courthouse and walked to the town square to chants of “Black Power!” and “No Justice, no peace!” “We’re going to be boxed in?” said protest leader Jimmy Blackwell of the Tarrant County Local Organizing Committee. “No, we’re not your slaves!”

The rally in Paris, about 120 miles northeast of Fort Worth, was the third courthouse protest about the death of 24-year-old Brandon McClelland, whose mangled body was found Sept. 16 on a country road. Prosecutors initially filed murder charges against Charles Crostley and Shannon Finley, both white, who were friends of McClelland and acknowledged going on a beer run with him the night he was killed. But a special prosecutor dismissed the charges last month, citing a lack of evidence.