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The Collin County Observer first broke the story of the looooong investigation of one of the sitting judges in Collin County.  (The other judge investigation was already dismissed).Collin-County-New_Logo_Trans

For most news stories, the story would be about the wrongdoing of the judges being investigated.  But once again, for Collin County, the focus seems to be on the accusers — the Collin County District Attorney’s office. 

You see, the CCO and I have chronicled the empty prosecutions and misguided policies of the DA’s office in the past:

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Frisco City Council has an upcoming contested Election.  Looks like there will be a debate by the candidates tomorrow at Hall Office Park (right near where our offices are located). Wednesday, April 21st, beginning at 6:00 p.m. at the Hall Office Park Conference Center located at 2401 Internet Blvd.

The Candidates for Frisco City Council, Place 4:

David Prince – a certified public accountant seeking a second term

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Congratulations to the new (almost) judges of Collin County. 

– Scott Becker will become the next District Judge in the 219th replacing retiring Judge Henderson.
– Jay Bender will become the next judge of Court 6.
– Lance Baxter will become the next judge of Court 3 (assuming he is able to win the general election against Democratic candidate Sajeel Kahleel.)
– David Rippel will become the next judge of Court 4.

Looks like those with short last names starting with B (Becker, Bender, Baxter) had the election covered.  I am pleased this will even out our Judiciary with the overwhelming majority of late letter alphabet judges to take office, the W’s.  (Willis, Willis, Wheless, Wheless, and Wilson).  Maybe one day in the future we can elect a middle of the road last named judge in the N-O range. . . .

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Transcript1smallerYesterday, our firm found ourselves in an odd position.  A case of ours was set for trial, and we were ready to go. (That’s not the odd part).  The odd part is that although we were willing to waive the jury and allow the judge to make the determination of guilt, the state wouldn’t allow it.

In general, the only reason the state would oppose this is because  they think they would have a better chance of a guilty verdict with a jury rather than the judge.  Conversely, a defense attorney would do this if they think they have a better (or equal) chance with the judge.  In this case, we knew the facts of the case, and were very confident of a not guilty no matter who was looking at it.

So we attempted to save our citizens some time, and let the judge decide.  But as has recently been pointed out by the front page article in the Dallas Morning News (just one day earlier), the State has a right to a jury trial.

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Thanks to Scott over at Grits for Breakfast for bringing us some quotes from lawmakers about .  In his article, Bill author says "overly punitive" Driver Responsibility surcharge a "mistake", he tells of of a quote from Former state Rep. Mike Krusee, R-Round Rock, who authored the omnibus transportation law that led to the program’s approval.

“My feeling right now is we definitely made a mistake — that it’s overly punitive,” Krusee said. “I think it’s past time to either revise or repeal the program. It is inequitable in its enforcement because it doesn’t take into account to a just degree people’s incomes and their ability to pay, because the fines, I mean, they’re huge.”

I’d like to commend him on his comments. . . it is not often we see a lawmaker (even former lawmaker) admit mistakes.

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Always nice to see the Dallas Morning News reporting on Collin County justice issues.  (Even nicer when they quote me). 

This case was first reported by the CCO, and then a lengthy response and explanation of the law was made by me. 

Basically, the guy wanted to plea guilty and let the judge punish him.  The DA refused to allow that, which left him but one option.  Plea Not Guilty, and elect the judge to sentence him. At that point, there is a sham trial, which involves about 60 citizens (in this case, possibly 240 citizens, because there were 4 charges), a judge, bailiff, prosecutor, and defense attorney who could all be doing better things with their time.  After the sham trial, the judge sentences the defendant, just like he was asking for in the first place!

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Well, it looks like Dallas doesn’t like the breathalyzer either.  An article in the DMN today explains that the Dallas PD 

wants to start forcefully taking blood from DWI 

suspects.  I still haven’t understood why the legislature enacts a law like the one listed below, then skirts the issue:

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Bill over at the CCO is keeping us up to date on the Mark Bell case.  The case involves missing evidence, a search of an attorney’s private office, and a murder case.  What’s not to be interested in??

Interestingly enough, the attorney’s office who was searched is Keith Gore, currently running for judge of the 296th judical district court.  His private office was searched after Judge Rusch issued a search warrant allowing the search despite a hearing already being set in another court.

 

CSI Frisco: The Mark Lyle Bell episode

By Bill Baumbach of the Collin County Observer
Posted 2/28/2010

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Collin County New_Logo_TransRecently, 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.

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Recently, we sent out 10 questions to the DA candidates. I will go back and analyze some of the answers soon.

Unfortunately, my blog platform is having problems, and I am not able to edit these post very well right now. As soon as it’s back up, I’ll add more. Below is the first article by the Collin County Observer publishing those answers. —

District Attorney candidate questionnaire responses

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