Frisco DWI Lawyer Blog is Syndicated!

I am proud to announce that our little blog is now syndicated.  Our articles can now be read in several of the Star Local News newspapers.  My article the Collin County Court shuffle ran in the McKinney Courier Gazette on Sunday.

Future articles should be available to read online in the opinion section of the online newspaper under "Star Guests."  I saw that fellow blogger and Collin County Observer's writer Bill Baumbach also has many articles published by the paper.

The newspapers include:


McKinney Courier Gazette


Frisco Enterprise


Allen American


The Celina Record

Tags:

A Prosecutors Job Should Be To Seek Justice

(Below is a revised version of a past article.)

Recently I had an experience with the Collin County District Attorney's office that gives some great insight into the minds of some (certainly not all) prosecutors.  I refer to it as the "Win At All Costs" mindset.

I have seen this mindset from prosecutors locally and in articles around the country.  The Win At All Costs mindset can often rear its ugly head in the appellate process. Prosecutors who handle the appeals of cases are often far removed from the courtroom. Book law vs. Practical law. Can we make an argument vs. should we make an argument.

The Win At All Costs arguments get away from why we have the judicial system in place.

Consider cases around the country where inmates request DNA to prove their innocence.  A Win At All Costs prosecutor would argue not about whether or not that person is guilty, but whether or not he should be allowed to test the DNA sample.  This moves away from the primary concern - is he innocent or guilty? 

Collin County prosecutors have gotten caught up in this mindset as well. Recently, death row inmate Charles Hood requested a hearing to have a new trial alleging the then elected District Attorney was having an affair with the Judge. He wasn’t asking for a new trial yet, but rather a hearing to determine if he should get one. The court ruled against holding the hearing, and Collin County’s Appellate Chief John Rolater proclaimed it was “a significant procedural victory.”    Nothing about if the affair resulted in an unfair trial, but rather pleasure in blocking a court from even hearing if Dean got a fair trial in the first place.

The illogical Win At All costs mindset is what I too saw first hand from our local prosecutors, and it was shameful.

A while back we requested a hearing for a new trial for a client.  He had a different attorney who told him he couldn’t lose (always a bad sign). He relied on this poor advice and never got a jury trial because of it. He was convicted and felt like he didn't get a fair shake at things.  We agreed and offered to represent him.  We requested, and were granted a hearing on a motion for a new trial.  At this hearing, the judge would decide for himself whether or not the client gets a new trial. Maybe the judge would agree, maybe not. But we felt the judge deserved to hear the evidence.

We prepared for the hearing and headed into court. The judge asked if we were ready, we said "yes," but the prosecutors said "we just have a quick issue to take up first."

Instead of having the hearing and deciding whether or not the client got a fair trial, the prosecutors decided to argue procedural issues.  Their arguments were not whether or not the client got a fair trial, but whether or not he should even get a hearing to determine if he got a fair trial.

They proceeded to argue for quite some time that we were not entitled to even have a hearing to determine if the client had a fair trial. (The judge eventually ruled against the prosecutors and allowed the hearing)

The Code of Criminal Procedure states that "It shall be the primary duty of all prosecuting attorneys . . . . not to convict, but to see that justice is done."

Can the argument of whether or not to even have a hearing be done?  Sure.  Does it seem to me like this is a way to see that justice is done?  Not by a long shot.

Hunter Biederman is a DWI / Criminal Defense Attorney in Collin County.  He publishes his blog (www.friscodwilawyer.com) which focuses on the Collin County and Texas legal system.  He can be reached at friscolaw@gmail.com or (888) DWI-FRISCO.

New Collin County Judges, Part II

Well, more drama and shifting is going on in the Collin County Courts.  I reported a while ago about who might be the new judges in Collin County . Since then there have been some more changes and shifting. 

As before, much of this info isn't verified, and mostly courthouse gossip.  So don't take everything at face value.  No real sources, comments from participants, etc.

First off, let me explain what I believe to be the rules on Sitting Judges running for other benches.  I've been asked this a lot.  If, say, a county court judge wants to run for a District Judge bench, he or she may do one of two things.  They can, a) announce now and begin the  race.  This however will force them to step down from their current bench.  Or, b) wait until a prescribed time (I believe Jan 1) to announce.  If this is done, they may retain the bench until the end of the cycle (Dec.31, 2009).  

I don't really understand why there is an arbitrary date for a Judge to announce.  On one hand, they have a big advantage in the race (signs that say "Judge"on them, etc), but puts them at a disadvantage because someone who does not have a bench gets a head start.  It would make more sense to not have this rule at all, or have a rule like there is for someone running for District Attorney...

Running for District Attorney has a different rule for sitting judges.  If a sitting judge announces they are running for District Attorney, they must immediately resign their bench. No amount of date waiting changes it.

If the judge leaves early, the commissioners are tasked with filling the empty bench.  In our county, no one seems to run against incumbents, so that person pretty much has the seat with no election. 

So, lets start at the top, and work our way down this time.

DISTRICT ATTORNEY

John Roach has announced that he will not seek re-election.  This means there is a vacancy for Collin County District Attorney.  Some names are being tossed around as possible candidates for the seat.  Judge Greg Willis is being recruited for the possible spot.  He has not publicly in any way stated he is running, but would nonetheless seem a possible contender for the  spot.  Judge Willis is currently the Judge of County Court Six.  Also, James "Jimmy" Angelino and K. Jefferson Bray (Jeff Bray) have both expressed interest as well.  All 3 are former prosecutors.  Angelino is in private practice, and Bray serves as the legal adviser for Plano Police Dept. 

DISTRICT COURTS

416 - Judge Oldner's court.  I haven't heard anything, nor do I imagine anyone is running against him.

417 - Judge Cynthia Wheless.  Her court is as Juvenile/CPS court.  I haven't heard anything, nor do I imagine anyone is running against her.

429 - Judge Jill Willis's court.  I haven't heard anything, nor do I imagine anyone is running against her.  However, if Judge Greg Willis were to become District Attorney, I  imagine she will not hear criminal cases.  (This is what Judge John Roach, Jr. did while his father is DA).  Because there would be the switch, I guess he would start taking on criminal cases once again.

296 - Judge John Roach, Jr.  I haven't heard anything, nor do I imagine anyone is running against him.  He  would, however, probably begin to take on criminal cases after the election and his father is no longer District Attorney.

401 - Judge Mark Rusch - I haven't heard anything, nor do I imagine anyone is running against him.

199 - Judge Dry - I haven't heard anything, nor do I imagine anyone is running against him.

366 - Judge Ray Wheless - Just got appointed to the bench, and will take over within a couple of weeks.  Technically, someone could run against him, but quite doubtful.  I haven't heard anything, nor do I imagine anyone is running against him.

219 - Open Bench - Judge Henderson has stated he is not seeking re-election.  Right not, the only official name in the race is Scott Becker.  The other rumored possibility is/was Judge Willis (of County Court 6).  Judge Willis was being recruited to run by others to run, but has yet to make any official announcements.

COUNTY COURTS

County Courts are where we are going to see the most changes.

1 - Judge Mason - I haven't heard anything, nor do I imagine anyone is going to run against her.

2 - Judge Lewis - I haven't heard anything, nor do I imagine anyone is going to run against her.

3 - Open Bench - Judge Barry has announced he will not seek re-election.  Several attorneys have shown interest in this bench. Barnett Walker, Lance Baxter, and Angela Tucker are among the names in the hunt for the bench.

4 - Open Bench - Judge Wheless has been appointed to the 366.  So the commissioners can appoint someone to the bench.  I am sure tons of people will put in for this.  Technically, whoever is appointed has to re-run, but usually no one runs against the appointee.  (To the dismay of some bloggers).

5 - Judge Wilson - Haven't heard anything, and I don't imagine anyone is going to run against him.

6 - As stated before, if Judge Willis were to choose  to run for DA, or announce an early candidacy for the 219th, he would also have to resign his bench (County Court 6).  It is widely accepted already that he will not be the next Judge of CC6.  Because of this, several people have announced candidacy for the court.  Local attorneys Shawn Ismail, Terri Green, Jay Bender, Bill Dobiyanski, and Don  High.  However, if Judge Willis leaves early, the commissioners could appoint someone to the bench.

Many of those seeking county court benches will probably put in for the appointments.  This, of course, would take their names off of the "running for" lists.  So there is a lot more left to shake out before this whole thing is done.  Some have suggested that the county commissioners NOT appoint new judges.  They could then allow the elections to occur (primaries in March), then appoint the winner early to fill the seat until they take office in Jan 2011.  But this would leave the court open for about  6 months.  Although visiting judges get the job done for week or two stretches, I'm not sure this is the best idea.  But it does allow the voters to choose, which is nice.

As always, if anything on here is wrong or needs adding, let me know!

Tags:

New 366th District Judge - Judge Ray Wheless

Congratulations to current Collin County Court 4 Judge Ray Wheless who was appointed to the 366th Judicial District Court recently vacated by Greg Brewer.  At the time of this post, it was not yet listed on the Governor's website.

Judge Wheless is a great judge and will make a great District Judge.  Judge Wheless also runs Collin County's DWI/Drug Court.  (I believe Judge Dan Wilson in Court 5 will be starting one as well soon)

This now will open up his court for an appointment by the Collin County Commissioners.  Hopefully whoever takes over the helm at Court 4 will continue running the Drug/DWI court.  It has helped a lot of people, our clients included.

For an idea of how this will shift the judicial races, take a look at my previous post of "who will be the next Collin County Judges".  I will do a new post soon updating the ever shifting benches.  There should be a lot of changes in the county, especially with the recent announcement that John Roach will not be running for re-election

Tags:

A Wrong Way of Thinking - How Innocent People Get Railroaded

Today I had an experience with the Collin County District Attorney's office that gives some great insight into the minds of some (not all) prosecutors.  The "Win At All Costs" mindset.

In general, I have seen this win at all costs mindset from prosecutors locally, and in articles around the country.  Arguments that get away from the merits of why we have the judicial system at all.  Consider a case where an inmate is requesting DNA to prove their innocence.  A prosecutor would argue not about whether or not that person is guilty, but whether or not he should be allowed to test the DNA sample. This gets away from the primary concern - is he guilty or not?  It moves into the realm of, should we test to see if he is guilty or not.

The illogical win at all costs argument is what I saw from the Collin County DA today, and it was shameful.

A while back we requested a hearing for a new trial for a client.  He had a different attorney for a trial, was convicted, and felt like he didn't get a fair shake at things.  We agreed and offered to represent him.  We requested, and were granted a hearing on the motion for new trial.  At this hearing, the judge would decide for himself whether or not the client gets a new trial.

We prepared for the hearing, and headed into court today. The judge asked if we were ready, we said "yes," but the prosecutors said "we just have a quick issue to take up first."

Instead of having the hearing today, and deciding whether or not the client got a fair trial, the DA decided to argue procedural issues.  Their arguments are not whether or not he got a fair trial, but whether or not he should even get a hearing to determine if he got a fair trial.

They proceeded to argue for quite some time that we were not entitled to even have a hearing to determine if the client had a fair trial. (I'll leave the post about whether or not they are right for later)

The Code of criminal procedure states that "It shall be the primary duty of all prosecuting attorneys . . . . not to convict, but to see that justice is done."

Can the argument of whether or not to even have a hearing be done? Sure.  Does it seem to me like this is a way to see that justice is done?  No way.

Collin County District Attorney Not Seeking Re-Election

I have been told today from several sources that Collin County District Attorney John Roach will not be seeking re-election. I haven't seen an official press release, but believe it is true.

His campaign website says it is being readied for the 2010 re-election campaign, but hasn't been updated in a while.

You heard it here first.

Let the rumors fly of who will be the next Collin County District Attorney. . . .