Collin County - County Court Q&A Answers

Recently, a questionnaire was sent out to the candidates for Collin County Court at Law Judges along with the Justice of the Peace candidates.  The questions were put together by myself, the Collin County Observer, and McKinneynews.net.   Most candidates answered and below is their responses which all came in within the deadline we gave (one week).  If others return their answers, I will update this post to add them at that time.  I already know of one candidate, Shawn Ismail who we got mixed up with through email (sorry Shawn), and is planning on completing the questionnaire soon.

Collin County Courts at law hear criminal and civil cases.  A County Court at Law is court of general jurisdiction, hearing both civil and criminal law cases with a heavy emphasis on criminal cases. The criminal cases filed in a county court at law are misdemeanors -- those criminal offenses that carry a maximum punishment, upon conviction, of not more than 1 year confinement in jail.

Civil jurisdiction in a County Court at Law is generally invoked in lawsuits that involve controversies up to $100,000.  A County Court at Law also has appellate jurisdiction over cases appealed from justice of the peace and municipal courts.

Justice of the Peace courts hear Class C Misdemeanors (traffic citations, toll violations, truancy cases, public intox, bad checks, etc),and civil cases with a maximum of $10,000 in controversy.

The questions posed are  below:

1. What current or past judge do you most want to inspire your approach to judicial
excellence, and why?


2. What has been the greatest accomplishment in your legal career? In your personal life?

3. What, if anything, would you change to improve the procedures and efficiency of the
court you are seeking?

4. Do you feel that ALL citizens have equal and adequate access to justice in our
county? How would you improve that access?

5. Collin County tracks indigent defense dollars ordered by each judge. What effect
would that reporting have on your decisions to order that the county pay for a
defendant’s defense?

6. What do you perceive as the greatest obstacles to justice in Collin County?

7. Incarceration is the most expensive criminal sanction available. How would that fact
affect your sentencing decisions?

8. Without commenting on a specific case or type of cases, should Collin County
explore more or different types of alternative sentencing? What do you think works?
What would you like to try?

9. Recently a Dallas judge made the news when he replaced a white juror with a
minority one in a capital trial where the jury was all white and the defendant was not.
Do you believe it is important for a minority defendant to have a jury that contains
minority members?

10. When a judge’s sense of justice appears to be at variance to the strict application of
the law, what approach should an ethical judge take to resolve the conflict?

11. Do you believe that our system of partisan election of trial judges should be
continued? How can it be improved?

12. Tell the voters one thing about yourself that isn’t on any website, nor discussed at
any forum.

Below are the candidates answers:

County Court at Law #2
Jerry Lewis
Sharon Ramage
County Court at Law #3
Lance Baxter
Shajeel Khaleel
Stewart Matthews
Barnett Walker
County Court at Law #4
Chrysti Bryant
Linda Drain
Matthew Goeller
David Rippel
County Court at Law #6
Jay Bender
Terri Green
Don High
Shawn Ismail
Justice of the Peace, Prec. 3
Ray Flores
John Payton
Justice of the Peace, Prec. 4
Kelley Adley
Doug Reeves
Mike Yarbrough

Red Cross Haiti

 

American Red Cross Pledges Initial $1 Million to Haiti Relief

Send a $10 Donation by Texting ‘Haiti’ to 90999

Editorial note: You can make a donation by calling 1-800-REDCROSS or 1-800-257-7575 (Spanish) or click on the Donate Now button.

National Headquarters
2025 E Street, N.W.
Washington, DC 20006
www.redcross.org

Contact: Public Affairs Desk
FOR MEDIA ONLY
media@usa.redcross.org
Phone: (202) 303-5551

WASHINGTON, Wednesday, January 13, 2010

The American Red Cross is sending money, supplies and staff to Haiti to support relief efforts there after yesterday’s earthquake, which caused catastrophic damage and loss of life.

According to reports, as many as three million people may have been affected by the quake, which collapsed government buildings and caused major damage to hospitals in the area. 

The Red Cross is contributing an initial $1 million from the International Response Fund to support the relief operation, and has opened its warehouse in Panama to provide tarps, mosquito nets and cooking sets for approximately 5,000 families.

In addition to Red Cross staff already in Haiti, six disaster management specialists are being deployed to the disaster zone to help coordinate relief efforts. At this time, the American Red Cross is only deploying volunteers specially trained to manage international emergency operations.

There has been an outpouring of support from the public. To help, people can make an unrestricted donation to the International Response Fund at www.redcross.org or by calling 1-800-REDCROSS (1-800-733-2767). The public can also help by texting “Haiti” to 90999 to send a $10 donation to the Red Cross, through an effort backed by the U.S. State Department. Funds will go to support American Red Cross relief efforts in Haiti.     

Debris and collapsed bridges are making access to many areas extremely difficult. Telephone service and electricity are out in many places. Haitian Red Cross staff worked throughout the night to rescue people still trapped in their homes and provide first aid. The priority remains to provide food, water, temporary shelter, medical services and emotional support.  

The American Red Cross already had fifteen staff in Haiti providing ongoing HIV/AIDS prevention and disaster preparedness programs. All are reported to be safe and responding to the disaster.

To date, there have been no requests for blood products from the government of Haiti. However, some patients at an affected facility in Haiti have been moved to a Guantanamo Bay hospital, and the Armed Services Blood Program has asked both the Red Cross and Florida Blood Services for support for those patients. In addition, the American Red Cross will be sending a shipment of blood products to the United Nations Mission in Haiti.

While communication with those in Haiti is still difficult, people should contact the U.S. Department of State, Office of Overseas Citizens Services at 1-888-407-4747 if trying to reach a U.S. citizen living or traveling in Haiti. If trying to reach a Haitian citizen, callers should continue to call or contact other family members who live nearby.

While donations are coming in for Haiti relief, the initial American Red Cross response is made possible in part by contributions from members of the Red Cross Annual Disaster Giving Program (ADGP). The following partners designate a portion of their ADGP commitment to the International Response Fund: American Express, John Deere Foundation, Kimberly-Clark Corporation, Morgan Stanley and State Street Foundation.

How to Help
  • We are not accepting volunteers to travel to Haiti. If you would like to volunteer for the American Red Cross, please contact your local chapter.
  • For inquiries about relatives living and who have citizenship in Haiti, please be patient and call repeatedly until the lines clear or contact other family members who live nearby. Telephone, Internet and other communication lines are often disrupted in times of disaster.
  • People trying to locate U.S. citizens living or traveling in Haiti should contact the U.S. Department of State, Office of Overseas Citizens Services, at 1-888-407-4747 or (202) 647-5225.
Photo: American Red Cross
Photo: Matthew Marek, American Red Cross

About the American Red Cross:
The American Red Cross shelters, feeds and provides emotional support to victims of disasters; supplies nearly half of the nation's blood; teaches lifesaving skills; provides international humanitarian aid; and supports military members and their families. The Red Cross is a charitable organization — not a government agency — and depends on volunteers and the generosity of the American public to perform its mission. For more information, please visit www.redcross.org or join our blog at http://blog.redcross.org.

 

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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

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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. . . .

New Lawyer.com

Lawyer

Featured Blogger

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But Officer, I only had ONE Beer!

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How to care for someone who has had too much to drink

I recently received a brochure entitled "How to Care For Someone Who Has Had Too Much To Drink"

It was mainly intended for the college crowd.  I'm not a doctor, but I figured someone might stumble on to my site looking for an answer to this question.  Therefore, here is the text of the brochure:

--
While most college students understand the importance of drinking responsibly, situations can arise where people become very drunk.  Providing care for a person who is drunk is important; failure to act could result in a life or death situation.  By following the steps outlined here, you will be better prepared to handle an alcohol-related emergency:

  • Stay calm so the person will remain calm.  Don't communicate anxiety.
  • Assess the situation.  If the person exhibits any of these symptoms, call 911 immediately
    • Is he/she breathing fewer than 8 times per minute?
    • Do More than 10 seconds pas between breaths?
    • Can you get a reaction by calling his/her name or pinching him/her?
    • Is his/her skin cold, clammy or pale blue in color?
  • Get help if the person becomes violent, or if you believe the alcohol has been combined with other drugs
  • Keep your distance.  Before approaching or touching, explain what you intend to do in a calm, reassuring manner.
  • Keep the person comfortable.
  • Prevent him/her from driving or biking.
  • Stay with the drunk person.  Don't leave him/her alone to sleep it off.  If the person cannot be wakened periodically, seek immediate medical attention.
  • Providing food, aspirin or caffeine may increase the risk of vomiting.  Providing liquid stimulants will only result in a wide-awake, agitated drunk person.
  • Don't put the person in a cold shower.  The shock may cause the person to pass out, resulting in injury.
  • Don't force the person to exercise to burn of the alcohol, this could also cause injuries.
  • Know that time is the only thing that will sober the person up.
  • Utilize the support of others; enlist involvement of friends.  Get a sober friend if you are intoxicated.
Providing care for someone who has had too much to drink can mean the difference between a tragedy and an ill-fated evening.  If you feel concerned, chances are you should be concerned, and you should act o protect that person.  Ramifications are substantially more significant if a tragedy occurs.

Adapted from Tri-State University's "Taking Care of an Intoxicated Person," Trinity University's "Caring for an Intoxicated Friend," and "Reducing High-Risk Drinking" from Ohio University.

Continue Reading...
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Drink Don't Drive

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Designated ________________

One night a police officer was staking out a particularly rowdy bar for possible DWI violations. At closing time, he saw a fellow stumble out of the bar, trip on the curb and try his keys on five different cars before he found his. The man sat in the front seat fumbling around with his keys for several minutes.

Meanwhile, all the other patrons left the bar and drove off. Finally he started his engine and began to pull away. The police officer was waiting for him. As soon as he pulled onto the street, the officer stopped him, read him his rights and administered the breathalyzer test to determine his blood-alcohol content.

The results showed a reading of 0.0.

The puzzled officer demanded to know how that could be. The driver replied, "Tonight I`m the designated decoy."
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Texas Members of National College of DUI Defense

I wrote here in the past about the recent induction of new Texas members into the membership of  the NCDD. NCDD is the National College of DUI / DWI Defense. NCDD is the premier organization among DWI and DUI defenders across the nation.  I figured I might as well keep up this trend and report on new membership.

Other recently inducted members in Texas who have joined myself and others into NCDD include:

  • James Butler of Houston, TX
  • Leslie P. LeGrand III of Houston, TX
  • Bill Stovall of Dallas, TX
  • Derk Wadas of Plano, TX
  • Alan Baer of Houston, TX
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A good week in Collin County

Well, I'm happy to say this was a great week for me and my clients in Collin County. 

Tuesday, 2 License suspension hearings, Wednesday Jury Trial, Thursday Bench Trial.

So I'm thinking, wow, how am I going to get all this done?  Well, Tuesday rolls around, and both license suspension hearings get dismissed -- my clients ill not have their respective licenses suspended. 

Feeling good, but knowing I have jury trial on Wednesday.  I'm also concerned because the trial will probably take more than one day, and I have a bench trial set for Thursday!  The client is a personal friend, and I really want to fight hard for him.   Result - Not Guilty.  One day.  

Great, so Thursday rolls around, bench trial time. State informs me that the witness is at training, and will not be appearing.  (This is our second setting, so no way is the judge going to allow a continuance).  The state just stands and rests.   Not Guilty.

Truth is, Thursday's trial I had no doubt we would win, but it's nice to not even need to fight.  Of course, it would have been nice if the state would have told me before I spent time preparing for the trial!  But that never seems to happen.

So Friday night, it's poker with the boys... and Saturday, I'm headed to see BB King in concert.

Not a bad way to spend the week.
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Where did Hunter go?

A few people have emailed me asking if I have given up blogging.  It is nice to know that someone out there noticed.

Well, I got very busy, and got kind of behind on blogging on a regular basis. Once I was behind, I felt like I was getting deeper and deeper behind.  Quite honestly, it seemed a bit like a chore, and I was disliking the blogging process.  I think the problem was my approach. 

It also seems what is the "proper" way to blog (starting new conversations, and conversing/debating with other bloggers) seems to take the most time "per post."  I think I prefer to just talk about my experiences. 

My other reservation has always been "giving away" strategy, or the fear of insulting someone who will later harm a future client.  I dont like to talk about pending cases, but rather just resolved cases. 

So, if anyone out there has some tips on how to keep up better, I'd love to hear them.  How do you manage the time to blog?  Mark, Jamie, LawrenceStephen, Glen, Robert, Scott, Stephen, Shawn, Kevin, What say you?? How about my pal Ken Gibson?  You seemed to give up on the blogging too..

Do you set aside particular days?  Time slots?  My wife says I should have a routine and block off time just as I would for a new client. 

Looking forward to hearing your suggestions.

Hunter
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A letter from a colleague..

Just an example of what the government can do.  This was not written by me, but rather a fellow lawyer in the community.  Worth a read, although not DWI related.

STATEMENT OF JON MAY IN
SUPPORT OF BENEDICT P. KUEHNE

     An innocent man has been charged with a crime. His name is Ben
Kuehne. And I am proud to call him my friend.  In the coming days you will
hear only what the government wants you to know about the allegations
against Ben. And you may be tempted to believe what you hear. But don't.
The government drafts the indictment and the government is permitted to
broadcast its contents to the community. But Ben's lawyers are not
permitted to comment on the evidence. So you will only hear one side of the
story.
     What is true is that Kuehne was retained by nationally known lawyer
Roy Black to research and determine the legality of legal fees paid to
Black's legal team for the representation of Colombian Drug Kingpin Fabio
Ochoa Vasquez. This representation of Black, whose legal fees have not been
challenged or forfeited, forms the entire basis of the indictment, directed
by main Department of Justice officials in Washington, against Kuehne.
     This case represents the first time ever in which federal criminal
charges were brought against a lawyer whose legal work consisted of
representing a fellow lawyer who sought advice about compensation for
defending a client in a criminal case. To target an adversary like Ben
Kuehne, who is held in such high regard by the community and whose
integrity is unquestioned, sends a message that any lawyer is at risk, even
concerning previously unheard of prosecution strategies like those used
here. Finally the fact that this prosecution is political payback is
demonstrated by the government's efforts to leak its investigation while
Ben's lawyers were trying to convince Washington that these allegations
were unfounded. On a number of occasions Washington provided reporters with
the details of the investigation in an effort to destroy Ben's reputation
in the community. They did so knowing that there was no one to investigate
their unlawful violations of grand jury secrecy.
     We would all like to think that our Justice Department seeks to do
justice. But the sad reality is that increasingly Main Justice in
Washington has been dominated by zealots intent on winning no matter what
the costs. Just this year, the Bush Justice Department accused the lawyers
representing the Guantanamo detainees of treason.  Recently a federal judge
in New York dismissed all charges against a number of defendants where the
prosecutors threatened their former employer, a major accounting firm, with
indictment if it paid for lawyers to represent the accused.  And as it has
becoming increasingly clear, federal prosecutors who failed to file voting
law violation charges against Democrats were fired for not towing the party
line.
     So now Ben Kuehne, a prominent election lawyer and defense attorney,
stands wrongfully accused of participating in a money laundering scheme.
A past Dade County Bar President and current member of the Board of
Governors of The Florida Bar, Ben Kuehne's entire personal reputation and
legal career have been exemplary.
In 2000, Ben served as National Counsel and Florida Counsel to Vice
President Al Gore and the Gore/Lieberman Recount Committee during the
Presidential Recount Litigation. His responsibilities included
representation before Florida canvassing boards, litigation in both state
and federal courts, participation in the recount trial, and preparation of
briefs to the Florida Supreme Court, the Eleventh Circuit Court of Appeals,
and the United States Supreme Court.
During the 2004 presidential election, Ben was a Senior Counsel to the
Kerry/Edwards Presidential Campaign, coordinating the Florida Legal Team in
early voting and election day voting issues.  Ben was prominent in
uncovering abuse by the Department of Justice in commencing investigations
of supposed election law violations in Ohio.  Those investigations
suppressed Democratic voter turnout, helping bring about President Bush's
2004 re-election victory.
Kuehne successfully represented the public interest in the Miami Voter
Fraud case, when he overturned the illegal results of a mayoral election
marred by massive voter fraud.  Kuehne also prevailed in a
politically-charged prosecution of a prominent Florida state senator for
alleged campaign finance and reporting violations.
Described by the progressive organization, People For The American Way, as
a "lawyer's lawyer" and "champion for constitutional rights," Ben received
its Spirit of Liberty/Defender of Democracy Award in 2006 for his
successful federal court challenge in the Mi Familia Vota case to the
unconstitutional Bush administration efforts to prevent the registration of
newly sworn citizens as voters after citizenship ceremonies. Kuehne was
also named one of the "Lawyers of the Year" by the National Law Journal for
his work on behalf of Vice President Al Gore in the 2000 Recount
Litigation. Ben leads a coalition of advocates who are regularly called
upon to initiate public impact litigation for the redress of constitutional
violations arising from government action. As just a few examples, Ben
successfully represented 15 Cuban refugees in a constitutional challenge to
the "wet foot/dry foot" policy resulting from the well-publicized
repatriation of Cuban nationals who landed on the Old Seven Mile Bridge in
the Florida Keys. As lead counsel for Save Dade, he successfully led the
effort to prevent an election to nullify the Miami-Dade County Human Rights
Ordinance.
     Kuehne is well-known for his extensive contributions to the community
outside the courtroom, having served as a founding Executive Committee
member and Trustee of the Alliance for Ethical Government, a community
organization founded to improve the ethical rules governing local
government officials. He is a former member of the Board of Legal Services
of Greater Miami, and has been the recipient of pro bono awards for
providing legal services to the poverty community.
     In addition to his meritorious service as President of the Dade
County Bar Association and President of the Florida Association of Criminal
Defense Lawyers - Miami Chapter, Ben Kuehne was the recipient of the
Criminal Justice Award by the Dade County Bar Association in 2000 for his
"outstanding contributions to the criminal justice system." He is a noted
speaker and author on important legal and political issues, regularly
appearing as a faculty member at advanced Bar seminars on cutting-edge
criminal law issues.
     Nationally recognized for his leadership and success as a lawyer and
community leader, Ben is named in The Best Lawyers of America (2000-2007)
and Chambers USA America's Leading Lawyers, Litigation: White Collar Crime
& Government Investigations (2004-2007). He was named the Best Lawyer in
Miami by New Times Newspaper in 2000 .He continues to be included by the
South Florida Legal Guide and Florida Trend's Legal Elite as one of South
Florida's Top Lawyers in every annual publication.
     Ben, is  committed to securing complete vindication by proving that
these charges are false and an unprincipled effort to ruin an ethical
community leader. It is my hope that the community Ben has selflessly
devoted himself to will stand with him and give him the support that he
deserves.






Continue Reading...
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National College of DUI Defense Membership

Congratulations to Birmingham, AL DUI lawyer and fellow blogger Steven Eversole on  his recent induction into the membership of the NCDD.  NCDD is the National College of DUI / DWI Defense.  NCDD is the premier organization among DWI and DUI defenders across the nation.

Other recently inducted members in Texas include:

  • Jamie Gonzalez of Edinberg, TX
  • Pilar Espinoza of Edinberg, TX
  • Edward Chernoff of Houston, TX (and fellow blogger -- Thanks Mark!)
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New Collin County Courthouse


I thought one area to start the new blog focus was on explaining a little bit about the new Collin County Courthouse.

As of right now, there are two separate courthouses handling the caseload for Collin County.  The "District Courthouse" (handling Felonies, Larger Civil Cases, Divorce Cases, and Juvenile Cases), and the "County Courthouse" (handling Misdemeanors and Smaller Civil Cases).

The courthouse where most DWI's are going to be handled will still be at County Courthouse located at 1800 North Graves Street, in McKinney Texas.  This is where they have been for a while.  Eventually, we are told that they are going to be moving into the new District Courthouse.

The District Courthouse has now moved from it's location on South McDonald street to 2100 Bloomdale Road, McKinney Texas 75071. To get there, From Northbound 75 - Take Exit 42 & stay on service road to the bridge at Bloomdale Road. 

It is big and a little intimidating if you have never been there.  There is escalator access to all three floors, along with elevator access in the back.

First Floor -- 199th, Auxiliary Court (Mag. Court for you Dallas folks), Law Library, Attorney Lounge, Jury Services, The Ceremonial Courtroom
Second Floor -- DA's office (although they hold docket throughout the building), Grand Jury, 219th, 296th, and 416th
Third Floor -- 366th, 380th, 401st, 417th (juvenile/cps)

Other interesting things about the new courthouse:

-No smoking anywhere on the premises.  If you smoke, you must do so in  your car.
-Very nice attorney lounge on the first floor.. no clients allowed inside, though.
-A few rooms on the first floor allowing attorney/client meetings.  They are next to the Auxiliary Courts
-Clerks office is now spread out across the building.  The bottom floor (by the "$" sign) is where original filings for civil cases go.  After that, each court has a clerks office on their respective floor. Same for criminal cases... the bottom floor has a criminal clerks office, but after that, the files get spread amongst the rest of the floors.

That's my 2c regarding the new courthouse.. hope this helps!  If you have anything to add, or notice anything wrong, please let me know.

New Postings Coming Soon

After a small hiatus from my blogging, I am back.  I will be posting soon in a slightly different manner.  Before, I was mostly searching around for articles and other blogs, and commenting on them. 

Instead, I am going to being my focus on DWI tactics, DWI trial strategies, and Collin County, Dallas County, and Denton County practices.  I believe that this is the area where this blog can become most useful to my readers -- which include the general public and other attorneys alike.

I look forward to the comments of readers of how they enjoy the new focus.
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