0 évaluation0% ont trouvé ce document utile (0 vote)
145 vues24 pages
"Docket Call" a publication of the Harris County Criminal Lawyers Association, a local bar association serving criminal defense lawyers and their clients while educating the public and shaping the criminal justice center
"Docket Call" a publication of the Harris County Criminal Lawyers Association, a local bar association serving criminal defense lawyers and their clients while educating the public and shaping the criminal justice center
"Docket Call" a publication of the Harris County Criminal Lawyers Association, a local bar association serving criminal defense lawyers and their clients while educating the public and shaping the criminal justice center
FEBRUARY / MARCH 2000 A Publication of Harris County Criminal Lawyers Association
Republican Race ForDistrictAttorney ...CandidateQuestionnaireInside Jf!lZZ Cf!lFES 303 AveV'vue DOWV'vtoWV'v f-tLstoyLc, DLstyLc,t PV1oV've: 7:13.224 Fctx: DOCKET CALL February / March 2000 HCCLA OFFICERS 1999-2000 PRESIDENT Danny Easterling PRESIDENT ELECT Richard Frankoff VICE PRESIDENT Mark Bennett SECRETARY Rosa A. Eliades TREASURER Angela Cameron PAST PRESIDENT Lloyd Oliver BOARD OF DIRECTORS MaryAcosta Lott Brooks John Carroll Winsron Cochran E. Ross Craft Ron Hayes DavidJones JayKarahan Ellis McCollough Garland Melnnis David Mitcham TyroneC. Moncriff'e Ri chard L. Moore AnthonyOssa Rick Soli2 Clyde Williams PAST PRESIDENTS 1971-1997 C. AnthonyFrilioux StuartKinard George Luquette Marvin O.Teague Dick DeGuerin W.B.House, ]r. David R.Bires Woody Densen Will Gray Edward A.Mallett Carolyn Garcia JackB. Zimmerman ClydeWilliams RobertPelron Candelario Elirondo AJlen C. Isbell David Mitcham Jim E.Lavine Rick Brass Mary E.Conn KentA. Schaffer Dan Cogdell Jim Skelron George]. Parnham Garland D. Melnnis RobertA. Moen February/ March2000 DOCKET CALL February/ March 2000 Contents From thePresident ...... . . . .. . . .. . . . . . . . ..2 From thePresident-Elect. ... . . . . . . . .. . . .3 H. C. S.D. InternalDocuments .. . . . . . . . . . . .. .5 FedSquare .. . . . . . . . .. . . . . . . . . . . . . . . . . . .. 6 Internet forLawyers .. . . . . . . . . . ............8 RaceforDistrict Attorney'sOffice... . . . . . . . . . .9 MemberPofile. . . . . . . .. . . . . . . . . . . . . . . . . . 14 HCCLAMembership Survey. . . . . . . . . . .. . . . 16 Hearsay................. . . . . . . . . . . . . . .21 Let'sHearFrom You! Callus withyoursuggestionson thispublication. DOCKET CALL Publisher HCCLA @ (713)227-2404 EditorEmeritus AllenIsbell EditorialStaff RosaEliades, MelissaMartin AdvertisingStaff MaryAcosta,Jack Carroll Distribution AngelaCameron, PatrickMcCann DesignandLayout Jeffrey Tesch @ VyvidProductions (713)526-1484 Distribution:750copies perissue. Forarticleandothereditorialcontribution, contactRosa Eliades at(713) 222-0610orMelissaMartinat(713) 224-0888. To place an ad, call MartinMayneat(713) 224-8400. ADVERTISING RATES: (Ratesare subjectto change) Full Page: $300.00 112 Page: $150.00 114 Page: $75.00 Business CardSize: $37.50 From thePresident III Love the NewCourthouse,But " DANNY EASnRLlNG As I write this, we have all been working in the new Criminal Justice Center for four weeks . Today, I went to the second floor in ordet to view a OWl Video in the DA's Office Video Room. I decided to look around and went towards a sign hanging in the hallway entitled "Cafeteria" and looked inside to a huge hollow space of rough conctete. I then noticed twO of those brown mystery doors that are opposite the elevator bank propped open and could see a soft drink machine in the room and as I got closer even a snack machine. I had discovered something besides a water fountain but as was par for the building, I peered inside the snack food machine and there was a sign on the outside stating "Out of Order. " This new courthouse is certainly not "Out of Order," but things can hardly be called orderl y at this point. Ofcou rse, we have all experienced the jam at the front door and now I am glad I did fork over the unreasonable $100 fee for the Frequent Courthouse Visitor Badge. The congestion at the elevators has been pretty outrageous in the early part of the morning and has not gotten much bener. It now takes longer to go from floor to floor inside the courthouse than it did to walk from 301 San Jacinto to 1301 Preston. Compounding this elevator problem is the incredibly bad architectural design flaw on the location and access to the stairwells. Placing the stairwells in the corners of the floors in the secured area behind the courtrooms and using them only as fire escapes is definitely the colossal blunder of the millenium. In my meetings with both Administrative Judges for the District and County CourtS and with Mike Yancey, the Director of Facilities and Property Management, rhe theme is that they are just as frustrated and upset about the stairwell placement as we are. The big question is: How could thi s design be approved by the planning committee and architects when they should have known that defense la-wyers and even assistant district attorneys need easy and quick access to the stairwells to go one or two or maybe even three floors to another court? Whoever was on this comminee obviously had no input from the defense bar to plan for this. As it now stands, the stairwells are only meant for emergency fire escape situations and the fire codes require access every five floors . Therefore, you can now stop on floor fifteen, ten, or five, and push a talk box button which will conceivably give you the Wackenhut security office on the first floor who is supposed to open the locked door for you. I tested this one time by walking to the fifth floor and pushed on the talk box for five to seven minutes with no response. I propose that we form an alli ance of HCCLA, the DA's office and the HBA Criminal Law and Procedure Section to request that the stairwells be opened on the courtroom floors only for defense attorneys and assistant district attorneys to use them when necessary on a floor to floor basis. If a badge system is required, then so be it. However, such a system would COSt money to design and would therefore need to be budgeted and approved by the commissioner's court. If the judges are concerned about "users" of the building having access to the secured areas behind the courtroom (such as the court clerk's office, court coordinator's office, court reporter's office or judge's chambers) then I ptopose another door be constructed near the stairwells to prevent access to the secured areas. Of course, building these doors would have the same problem of county money being budgeted. Remember, this all could have been avoided by some simple pl anning to place at least one stairwell near the elevators. As for that cafeteria, it is not due to be open until May 2000 , but will be approximately the same size as the 301 San Jacinto cafetetia. I don't know about you, but I get the feeling as a defense attorney that the building lends itself to feeling a litrie bit isolated as I don't see as many members as before and it's JUSt not the same without the cafeteria to congregate and exchange ideas and war stories. The news on the big Trial Ready Room that will be constructed on the seventh floor is even worse. This project still has to have a budget approved by commissioner's court on March 1,2000 and then the bidding process starts. The projected opening of this attorney's lounge is easily six months off. When the county has fini shed the build out of this room, the HBA Criminal Law and Procedure Section will generously help to furnish this room with funds that have been collected from various CLE and certification programs over the last ten years in anticipation of the new courthouse. The most interesting development in the courtrooms is the installation of the high tech courtroom equipment. The courtroom equipment was demonstrated to me in the 177th District Court as they had the "demo" for the District Courts. It did not seem that difficult to operate and they will provide some great tools fot demonstrative evidence in front of juries. There has been some concern by the defense attorneys that the District Attorney's Office will somehow learn this technology before the defense bar and will have some type of edge in it's use. I have been assured by the judges that this will not occur and that they are interested in the defe nse bar receiving hands on CLE instruction on how to use the equipment so that we aIe not fumbling through it during a trial , which would not be good for anyone. Please look for notices of CLE seminars on the equipment, which should occur any day after all the equipment has been installed in each courtroom . If you are a defense attorney and are still worried about it, talk to the judge pre-trial or file a Motion! Remember a Motion is nothing more than asking for something but be sure it is part of the record for it to be worth anything. As President of this association it is my responsibility to be a spokesman for the defense bar on all these courthouse issues. That is why I have attempted ro take an active role in meeting with all of the proper figures who are doing their best to address and resolve these problems. If anyone has any further questions or input into this courthouse adjustment please feel free to contact any other officer or me and we will try and address your concerns. Remember, this is our courthouse as each of our taxes paid for this 98 million-dollar project. Continued at bottom 0/page 3 ... 2 DOCKET CALL February / March 2000 From the President-Elect RICHARD FRANKOFF "Prosecutor's Deceit May Force NewTrial for Retired CIA Agent," read the title of one Houston Chronicle article published on February 7, 2000. "Fed Payoff to Witness Claimed in Drug Case" and "Judge Vows to Pressure Federal Agents" were the ti tles to two others. What's going on? Three local criminal cases are getting publicity because of prosecutorial misconduct. In 1983 Edwin Wilson was convicted of spying. last month federal prosecutors acknowledged submitting a false affidavit to help convict Wilson. Juan Garcia Abrego was convicted in 1998 of being a drug kingpin. At his trial a prosecution witness testified that he was promised no money for his testimony. Sources now say that he was promised, by United States agents, $2 million dollars to testify as the government's star witness. The prosecutors have never denied that this witness was paid or promised payment for his testimony. And right now, a federal judge postponed indefinitely the corruption trial of former Texas prisons director James A. Collins pending full disclosure of any immunity agreement between the star witness and the prosecution. The Houston prosecutor told the judge that the federal prosecutors in Louisiana circumvented normal procedure and entered into a verba! immunity agreement with the witness. What's going on is what has been going on for years: prosecutorial misconduct. It's only that three highly publicized cases, stretching from 1983 to 2000, have brought this to the forefront, to the public's attention. It took these infamous cases involving a spy, a major drug kingpin and a public servant to bring to light what has been known for years. Be it federal or state court, felony or misdemeanor charges, infamous or mundane cases, unbridled prosecutorial power will eventually lead to abuse. "Power corrupts and absolute power corrupts absolutely." Not all prosecutors are corrupt, or even abusive. Most are good decent men and women doing a hard job--prosecuting crime under difficult circumstances. But to justify or excuse the abuses because most prosecutors do not contribute to them misses the point. One abuse is toO much. Those prosecutors that do abuse their authority easily justify their actions with, "the ends justify the means," i. e .. the defendant's conviction is more important than the rule of law. When a few rotten apples taint the barrel they should not be protected. They should be prosecuted. law-breaking with good motive is just as much law-breaking as with bad motive. A prosecutor once said in a continuing education program that anyone can convict the guilty, but the sign of a good prosecutor is one who can convict the innocent. It was said in jest, but unfortunately some prosecutors think that way. Unfortunately the misconduct and abuse has increased epidemically over the years, for as the judiciary has grown weaker, the prosecution has grown stronger, more brazen. For at least the last ten years the authority, the stature and the prestige of the judiciary has decreased. It's not that less qualified or less competent judges have been elected or selected to sit on the bench. The role of the judge has changed. Too many judges, and the public, now perceive the judiciary as law enforcement, rather than the overseers of justice and fairness. Consequently too many judges either do not see or turn a blind eye to prosecutorial misconduct increasing the prosecution's power and the potential for misconduct. The judge's role is to maintain justice and fairness and to exercise his/her authority to preserve these precious intangibles. But if the judge does not control and restrain the prosecution, then eventually some prosecutors will abuse their authority. Any authority unchecked will eventually be abused. Again, power corrupts and absolute power corrupts absolutely. But what do we get when this happens? We get a criminal justice system where prosecutors offer perjured testimony, secretly buy witnesses' testimony and skirt precautions to cut deals with witnesses. Is this the justice we want-that we respect? No. What we want, what we need, is a strong, independent and knowledgeable judiciary willing to restrain overzealous prosecution. As criminal defense attorneys we can help the judges achieve this stature and position. First, we must recognize the judges as a separate, but integral part of the criminal justice system. We cannot brush off the judges as, "just another prosecutor in the courtroom." We must approach the judges as judges, not as adversaries. We must be less confrontational and more cooperative. Second, as always, we must be prepared but especially so in those cases where we are alleging our opponent's misconduct. We must take the time to investigate and research our cases, to understand our arguments and to clearly articulate our positions. If we are not prepared and do not present our client's position in a clear, concise and correct manner, we cannot expect judges to understand and agree. Third, we must accept that most judges are limited. They have limited time and many have limited experience. Judges hear hundreds of cases. Our case is just one. And many judges have limited experience, especially concerning prosecutorial misconduct. We must take the time and have the patience to educate the judges that prosecutorial misconduct happens, happens too often and is offensive and illegal. Finally we must educate the public that justice, real justice, demands a strong judiciary willing and able to control misconduct and abuses in the courtroom, whether it comes from the prosecution or even the defense. A stronger, more independent judiciary can keep the prosecution in check, decreasing the opportunities for misconduct. And that's what going on. From the President (cont.) And lastly, everyone send their e-mail addresses to our HCClA Web Site Webmaster and Vice-President, Mark Bennett at markb@bennettandbennett.com. Once you are online with HCCLA you can monitor our hccla@listservice.com feature where the members can communicate with each other. We are currently up to 189 members online and it grows each day. For those who are not online, don't despair, we are still sending things by our fax program and of course by mail. Keep fighting and don't give up. DOCKET CALL 3 February / March 2000 Private Parties! Cateringoffpremise! '" '" '" Lunch: Mon. - Fri. Dinner: Mon.- Sat. Baropenlate! * * * TheStateBar&Lounge Locatedin theOldRiceHotel PercyForemanheldcourthere. JFKslepthere. ThefirstelectriclightsinHoustonwerehere. Houston'sprettiestbaris nowhere. Openfor lunchat11:00withdelistylesandwiches,soups,andsalads. Ourloungeandpatioareasareavailablefor privateparties. OnthecornerofTexasandTravisinthenewRiceLofts. 713-229-8888 4 DOCKET CALL February/ March 2000 - - H.C.S.D. Internal Form GrantScheinerprovided uswiththe internalHarrisCountySheriff'sDepartmentForm usedtoflag HCSO tapesforpreservation. Requestersshouldspecifythetimeanddateofthecall,aswellasthe dispatchaddress/location.Thisformwillnotcausethemtoproducethetape,butif it's leftwithTracy Mullens, it mayconvincethemto preservethetape. OOIlllUNlCAftOlltDiYBON AUDIO. R'IqU'[I JI08III ....lcksJ rZ,.asl* ___________,Jtltd ...c'r. ___________- 8m Dldd m ; ~ - - - - ~ ~ ~ ~ ~ ~ ~ ...- - . ~ ~ ~ ; . . . . - .... ... 1.. .. - . - - - - ~ - - - - - - - - - - - - - - - I _ .... -
FebruaryI March2000 DOCKET CALL 5 Fed 59uare George Murphy, a former federal public defender, now in private practice, has kindly provided us with the following very useful comments on federal practice. PLEA AGREEMENTS IN FEDERAL COURT The United States Sentencing Guidelines have made meaningful plea bargains in Federal court nearly extinct. And in many cases, the guidelines remove the incentive to plead guilty altogether because there is so littl e bargain in return. Still, there are many cases when a guilty plea is, indeed , in a defendant's best interests. In those cases, keep in mind the following tips. I. The General Rule As a general rule, do not enter into a written plea agreement with the government. There are twO reasons why a written plea agreement is a bad idea. First, because plea agreements are not binding on the court, a written plea agreement does not guarantee that your client will receive that for which he bargained away his plea of not guilty. For example, a wrirten plea agreement can contain agreements on critical sentencing factors (e.g. amount of cocaine) . At sentencing, the judge is under no obligation to follow these agreements and can, if he chooses, give your client, in the famous words of the great A.D. Azios, "the old chingala. " Second, the U.S. Attorney's office has a policy of requiring in all written plea agreements that a defendant waive his right to appeal. T he right to appeal is important in federal court-even with a guilty plea- because a defendant may feel that the judge did not correctly calculate his sentencing guidelines. Without the right to appeal, complaints about the application of the sentencing guidelines are lost forever. T herefore approach guilty pleas in federal court with the idea that your client will plead guilty without a written plea agreement. II. Exceptions to the Rule There are times when it may benefit your client to have a written plea agreement. To determine whether your case falls into the exceptions, you must weigh the concessions the government makes versus the value lost from waiving your right to appeal . Here are some situations in which you should seriously consider signing a written plea agreement and give up your right to appeal. . The government agrees to dismiss a charge or count that carries a longer sentence than the charge to which your client will plead. For example, your client is charged with mail fraud and money laundering. The government agr ees to dismiss mon ey laundering in return for a guilty plea on the fraud case. . The government agrees to allow your client to plead guilty to an unenhanced drug case. For example, a 10 to life drug case becomes 20 to life if a defendant has been once before convicted of a drug offense. Sometimes, the government will agree not to "enhance" a drug case (and, thus, not drive up the statmory minimum sentence) in return for a guilty plea and written plea agreement . A couple of words of caution here. Fi rst, the government's agreement to dismiss a count, or even many counts, may have no impact on the sentence. So, do not automatically think that dismissed counts will reduce your client's sentence. Second, do not waive your appeal for the government's standard language in a plea agreement regarding earning a downward departure for your client's cooperation with law enforcement. The government will do nothing more in a plea agreement than state that it retains sole discretion to file a SKI.I motion for downward departure ifit believes your client has substantially assisted the government. This obviously does not obligate t.he government to do anything and should, therefore, not be the basis for waiving a right to appeal. III. Conclusion In those cases in which a plea bargain is appropriate, you will most likely want to plead guilty without a wrirten plea agreement. You should only consider signing a written agreement, and, thus, waive your right to appeal, when the government is willing to obligate itself to give your client something substantial in return. PRACTICALADVICE FOR FEDERAL SENTENCING The several-mon th period between a conviction in federal court and the imposition of a sentence can be the most cri tical time ina federal criminal case. During this time, a creative, cautious and well prepared defense attorney can have a significant impact on his client's sentence. Here are some tips on shepherding your client through the federal sentencing process. I. The Probation Department A federal probation officer writ es a Presentence Report in every case in which a defendant gets convicted . The most important aspect of th e report is that it contains a calculation of the sentencing guidelines. The probation officer is required to meet with the defendant in order to prepare the report. This meeting is vitally important so: don't let your client meet with the probation officer without you being present. don't let your client answer any of the PSR writer's questions regarding the facts of his case or his criminal history. do provide a written statement to the probation officer in which your client "accepts responsibility" - See below II. "Accepting Responsibility" You must ensure that your client gets an appropriate sentence reduction for "accepting responsibility." Often, a two or three - point reduction for accepting responsibility is rhe only benefit your client will receive for pleading guilty. To earn that reduction, your client must do fwO things at his meeting with the PSR writer. He must admit to the ptobation officer that (1) he committed the acts that make him guilty, and (2) he is sorry for having committed rhose acts. Provide a written starement to the probation officer that you draft and that your client will sign. Again, never let your client simply answer the probation officer's questions. The statemen t should be concise, touch on all the elements of the charge, and go something like: My name is Joe Defendant and I am writing to accept responsibility for delivering cocaine. On (date) I drove a car to 6 DOCKET CALL February / March 2000 Fed Square(continued) Beaumom. Texas and delivered 10 kilos of coca.ine to another person. r am very sorry that I committed thi s act. r have not only hurt myself. but r have hurt my family and friends as well. I will never do anything like thi s again. This statemem is sufficiem to ensure that your client "accepts responsibility." Be careful here never to deny conduct. For example. do not write that your client delivered the 10 kilos but "denies having made other deliveries." The danger here is that a semencing judge may refuse to award a reduction for acceptance of responsibility if he believes that the defendam has falsely denied relevant conduct. It could get worse. If a judge thinks your diem has lied. he can tack on a couple of extra point s for "obstruction of justice." So. (I) do not let your cliem talk about the facts of his case with the probation officer. (2) provide a brief wri tten statement that (a) includes only enough facts to touch on each element of the crime and (b) says that your client is sorry. and (3) Be sure never to deny relevant conduct in the written statement. III. The Sentencing Hearing At the semencing hearing. the judge is required to give you and your client an opportunity to allocute. That is. the judge will give you and your client a chance to say anything you want before sentence is imposed. Have your client ready for this. For example. if you are confident that your cliem can say a brief ''I'm sorry" without trying to explain why he is really not guilty and that t hi s is all a big mistake. then encourage him to do so. You should have your client write a brief statement before the hearing that you can review. On the other hand. if your cliem is likely to open his mouth and insert his foot. then advise him to pass up on his chance [0 allocute. DOWNTOWN / MARKET SQUARE
La Carafe 813 CONGRESS HOUSTON,TEXAS 77002 713-229-9399 KEY MAP: 493L - .... . .. - - Be one ofthe "in" crowd A cozyand historic beerandwine bar. La Carafe boasts the best jukeboxin town. OnOldMarketSquare. C.R.Markham &Associates Private Illvestigllliolls s.. l.IaIw CfHll 1807 West 34th Street, Suite C U ~ 1 8 88
ns
ns
on
Countermeasures
ProcenService
Surveillance
PersonalProtection
Bilingual LET US COURT YOU lunch dinner late HOUSTON PRESS. BEST OF HOUSTON 1999 Voted BestDowntownRestaurant and BestNewRestaurant ASK US ABOUT DELIVERY & CATERING 208 TRAVIS HOUSTON, TEXAS 77002 713-223-4073 FAX 713-223-4081 February / March 2000 DOCKET CALL 7 -- InternetforLawyers CourthouseElectronics MARK BENNETT The electronic gadgetry in many of the new courtrooms, rumors that prosecutors have received training on (he equipment and the bureaucracy's apparent indifference ro whether the defense bar learns to use the stuff, inspired me to hit the web this month for some guidance in using the equipment. I started in the courtroom, where I wrote down the name of each piece of equipment in the lectern. Each lectern has a control panel on top, labeled "Crestron DOAR Communi ca tions, Inc." that allows the person standing at the lectern to select the source that is shown on the screens. Each completed lectern has a small white pad wi th an attached pen, called the DOAR Illustrator, as well as a gizmo that looks like a high-tech overhead projector, called the DOAR Communicator. Inside each cabinet is a Sony color video printer, a ]VC videocassette recorder, an Extron "System 4 Ldxi Switcher" and "SW4 VGAxi, " and a "TView Pro AV-RM" by a company called Focus Enhancements. www.dogpile.com DOAR Communications, Inc. seemed like a good place to start. I went ro Dogpile.com (www.dogpile. com. a "merasearch" site that queries many different search engines) and punched in "Doar." Up popped references to a bunch of websites, including some in Portuguese and Rumanian. Skipping the foreign-language sites, I went directly to the DOAR Communications, Inc. (www.doar.com. "Elevating the Art and Science of Persuasion"). Once on the DOAR homepage, I saw a link to "Product Manuals." I clicked there, and gOt a list of available manuals: Communicator, Illustrator, Visual Image Printer, DEPS, T3 Link and DEPS Switcher. I promptly downloaded the manuals for s::=- DOAR c ommunicotlOris Inc . r v,lflr><;l Art ==- _ Science F'p ..... OOoooI",,",--_ .. __TV-,-._ . o--_i;ItIt ...._ _ .. _'--lIIeo..-.. ........... .-- www.doar.com the Communicator and the Illustrator. The twO files totaled about two megabytes and, thanks to my DSL (digital subscriber line) connection to the internet, took about twO minutes to download. The fdes had the .PDF suffix, which meant that they were Adobe Acrobat files. I went to Adobe and downloaded the latest version of the Adobe Acrobat Reader ( www.adob e.comlp roductslacroba t l readstep.html). Once I had installed the Reader, I could view and print the manuals for the Communicator (which is, in fact , a high-tech overhead projector) and the Illustrator (which allows its user to add www.tview.com arrows and other markings to the image projected on the screen, like John Madden in the courtroom) . Curious about "DEPS," which appeared twice in the lisr of manuals, I went back to the DOAR home page, and saw a link to "Digital Evidence Presentation." This link took me to a page with a picture of one of our courtroom lecterns, and I learned that the lectern the DEPS. Back to the list of manuals; I downloaded the DEPS and DEPS Switcher manuals. Going back to Dogpile.com, I searched for "TView Pro," and came up with a link to FOCUS Enhancements, Inc. From FOCUS's homepage (www.tview.com). I went to the technical suppOrt page, then to the Product Manuals page, where I found a link to the manual for the TView Pro AV, and downloaded it. (TView Pro AV is a box _..... _--_...__ ... ::.:=---.-. .. --_ .... _- - ...... _ ______... ._110_ .... .. - ' .. ... .. :::'_0_.._"__. ..-- . __ _ _ roc_
----......-. www.extron.com that converts the VGA signal from a computer to an NTSC signal that can be viewed on a television. "RM" stands for "Rack Moum. ") A search for the HR-S3600U VCR reveals little, except that you can buy a refurbished one for about $200. A search for the Sony UP-2100 color video brings similar results. A search for Extron returned a link to the Extron Electronics website. A click there (www. extron. com) reveal s a link to "downloads." From there, product manuals are a short click away. I downloaded the manuals for the "System 4 LDxi Switcher" and the "SW4 VGAxi, " which allow you to connect multipl e inputs and outputs to the other electronic equipment. As a finishing touch, I put some of the manuals up on the HCCLA website, so that you can download them all in one place. Find them at www.hccla. orgIHCCLAI electronics. 8 DOCKET CALL February / March 2000 Republican Race forDistrictAttorney By GRANT M. SCHEINER With more than 200 Assistant District Arrorneys and an annual budget of approximately $20 million, the Harris County District Attorney's Office has often been called one of the County's " largest law fi rms." But in reality, the power and social importance of the Harris County District Attorney's Office far outweighs any firm or organization dedicated to the redistribution of monetary wealth. The Harris County District Arrorney prosecutes misdemeanor and felony offenses, for which the possible punishments ro human beings range from a simple fme, ro life imprisonment, and in Jim Leitner some cases even death. In fact, of the 39 American states that currently have a death penalty, only a handful of these JtateJ send more citizens (and non-citizens) to death row than Harris County, Texas. The successor ro 20-year District Attorney John B. Holmes will face a critical challenge not only to remain independent of the various special interests while maintaining an efficient sysrem for the handling criminal matters, but also to articulare his or her position on matrers that srrike at the veL"y heart of the criminal jusrice system. How much influence should a victim have in determining a prosecutor's recommendation for punishment? What role should rehabilitation play in the so-called "war on drugs"? What steps should a prosecuror take to insure thar convictions are not procured on the basis of illegal evidence or police m iscond uct? Beyond the predictable promises to be "rough on crime" while doing rhe "lord's work," the Harris County Criminal Lawyer's Candidate Lloyd Kelly did not submit a photo. Association ("HCClA") thought irs members and other concerned citizens might answers be kept ro fifty (50) words or less. I Democraric candidate Jim Dougherty is be interesred to know how this year's Dimicc HCClA also asked each candidate for a running unopposed in his party's primary Atrorney candidates srood on the specifiC photo ro publish in Docket Call along with and is not included in rhe presenr survey. issues. A panel of criminal practitioners from the answers. Except for obvious Dougherty, a defense atrorney and former rhe HCCLA membership base met, (at times typographical errors, the candidates' answers federal prosecutor with substantial criminal somewhat spiritedly) debated, and eventually have not been corrected or edired in any way. law experience, will be given an opportunity settled on rwelve (12) questions to submit Docket Call encourages its readers ro share ro answer HCClA's questionnaire in the to the Republican candidates in the form of the following questions and answers with as near fueure. Docket Call hopes ro publish a questionnaire. I many voring citizens as possible. The Doughenis responses alongside rhe eventual HCClA sent its questionnaire ro each Democratic and Republican Primaries will Republican hopeful as the general election Republican candidare and requested that all be held on Tuesday, March 14,2000. draws nearer. Pat Lykos Chuck Rosenthal Mike Stafford February / March 2000 DOCKET CALL 9 Republican CandidateQuestionnaire Leitner Kelley I Question 1 1. Why do you want to be HarrisCountyDistrictAttorney? 2. What do you think is the mostcompellingissuefacingthe HarrisCountyDistrictAttorney's OHiceandwhy? 3. Which criteria are most important In determining whether,ina particularcase,the DistrictAttorneyshouldseekthe deathpenalty? 4. Doyouconsideryourselfan "insider"oran"outsider"tothe current political structure of Harris County? Which do you think would make a candidate bettersuitedforthejobofHarris County District Attorney and why? s. What (if any) active steps should anindividualprosecutor take to insure that a conviction is not procured on the basis of illegal evidence or police misconduct? 6.Forwhich criminal oHenses (ifany)shouldtheHarrisCounty DistrictAttorneyhavea policyof notrecommendinga sentenceof probation? 1. I have the most experience managing large organizations. I also have the passion ro see justice and fairness become a cenual theme in the system. 2. Allowing probation (Deferred Adjudication) for child molesters. 3. If defendant is a continuing threat ro the community. 4. Outsider, which allows me ro take an objective and unbiased view of the issues. 5. Police misconduct should be prosecuted as other crimes are prosecuted. 6. Child molestation, Agg. Sexual assault (child). 1. I love the job and the people. I believe that I have marured and gained enough experience during by career, on both sides of the docket, ro really make a difference. My military training will enhance my ability ro lead and administer the office. 2. The most compelling issues are the J hiring and retention of the best-qualified attorneys , and the efficient and fait disposition of the criminal caseload. That includes speedy and efficient intake, Grand Jury, and trial court disposition of the cases. 3. The staturory criteria, and that alone. That is the only way ro administer the death penalty fairly. It should not be based on who the victim or who the offender were, unless it meets the staturory criteria. 4. r consider myself an insider. r do not think that it matters whether one is an insider or outsider. The character, administrative ability, leadership ability, and experience level of the candidate should be the criteria used. 5. Every prosecutor should take every step necessary in any given case to ensure that they themselves are left with no doubt that a conviction is being procured on the basis of illegal evidence or police misconduct. 6. r believe that the Division Chief and Chieflevel prosecuror should be experienced enough to make those judgment calls without a non-bending policy to prohibit fairness in any given case. I believe that a prosecutor should be able to consider the full range of punishment as set by law. 10 DOCKET CALL February / March 2000 Republican Candidate Questionnaire (continued) r LykOl ROienthal StaHorci I 1. To make a positive diffetence: The mandate of the District Attorney is to seek justice. Justice requires that the rule of law be maintained at the highest standard and be both firm and fair to all people. I have the strength, passion, leadership and vision to make this office world-class. 1. To be able to continue the excellent prosecutorial standards established by Mr. Holmes and his predecessors, Mr. Vance and Mr. Briscoe. 1. Prosecution is a serious business that requires the right kind of experience and a commitment to the public that is proven. My candidacy embodies those criteria. 2. The most compelling issue is the perception that there is not equal justice. Dedicated professionals can be so focused on rheir work that they fail to adequately communicate rheir dedicarion to jusrice. Assurances, deeds and communication will ameliorate this. 2. Assuming that the question actually addresses "issues" facing the office: I believe that we need to remain autonomous from any outside influences. We need to continue to prosecute cases based on the relative strength of the evidence and nothing else. 2. Maintaining the standards established by Mr. Holmes while also adding enhanced levels of protection for children and senior cirizens. I I I 3. A stringent examinarion of rhe facts, weighing aggravating and mitigaring circumstances and the history of the defendanr and any other relevant information. I have presided over many capital murder cases and sentenced people to death . The decision to prosecute IS awesome and should be so considered. 4. Neither. There is no substitute for experience. I have been a police officer, defense attorney, and now a judge for twenty years presiding over thousands of felony cases. The DA must have the requisite balance and integrity, eschewing politicizing the office, in the administration of jusrice. 3. Wherher the facts suppOrt a capital murder indicrment and whether an overall assessment of the facts would be compelling to an average jury that the death penalty is warranted. 4. I am an "outsider" to Hartis County politics and intend to remain so. 3. The nature of the crime, the propensity for furure dangerousness and the likelihood of rehabilitation. 4. Diplomacy is important in order ro implement new ideas. I have a proven track record ofsuccess regarding county budgetary Issues. 5. Very careful screening of the evidence and by whom and how it was acquired, along wirh the mandate from the top that misconducr is not countenanced are requirements thar ensure the constitution is obeyed. 5. All evidence and all witnesses should be scrutinized to be certain that it is accurate. Thar should include asking defense counsel ifhe/she has any informarion contrary to the police investigation. 5. Know your evidence and follow the law 'to seek justice'. 6. Violent crimes, especially those committed with a deadly weapon, should not be recommended for probation/deferred adjudication, absent some very compelling circumsrance. 6. Supervisory control of plea-bargaining should continue to include occasional exceptions to policy: however, I support rhe policies that are in place. 6. Heinous crimes. February / March 2000 DOCKET CALL 11 Republican Candidate Questionnaire (continued) Leitner Kelley I Candidate I 7. How much influence should the complainant and/or the complainant's (or decedent's) family have in determining the District Attorney's recommenda- tion for sentencing? S. In the upcoming term, which areas (if any) of the District Attorney's budget and/or resources should be trimmed, expanded, or reallocated? 9. In prosecuting the "War on Drugs,1I under what circumstances (if any) should a prosecutor seek rehabilitation as opposed to jail or prison sentencing? 11. Under what circumstances (if any) should the District Attorney prosecute a domestic violence case when the complainant desires that the prosecution be terminated? 12. What (if anything) would you do to insure that the Harris County District Attorney's Office remains independent of special interests? 7. Their voice should be considered. 8. The budget should be expanded for techno-crime prosecution. 9. In any circumstances in which it would make a difference. 10. What are your priorities for 10. I would improve tr a ining In change and/or improvement in technology. the Harris County District Attorney's Office? II. Where [here has been serious bodily IIlJury. 12 . Continue to remain as I am, independent of everyone, principle driven. 7. They should always have a voice In sentencing. Their recommendation should always be made as well as the State's recommendation, even if they differ. If it busts a plea, then so be it. 8. [ believe that a more efficient job could be accomplished by reallocating resources, rather than increasing or decreasing the budget. Special areas, such as child abuse, environmental prosecutions, etc. need more resources. Third year interns could fill the position of #3 prosecuOrs, and the atOrneys be reallocated 0 the special divi sions. I r 9. Whenever indications would show that justice would best be served by such a puni shment. War has never meant take no prisoners. The war would be much more successful if we measured our success by limiting drug use, and nOt just a body count. 10. I would utilize the staruOry cri teria ) as the only guide for determining when to seek death. Most felony prosecutions are h a ndled very well, but misdemeanor prosecu tions are much roo routine. I believe that indi vidualized should be employed for every offender. The office has 0 become more specialized. I I 11. When there is a hi srory of abuse or certain indicaOrs that serious harm might come 0 the complainant, then and in that event, their desires should not be controlling. Their position in the matter should always be considered, but not conrrolling. ! 12. That is something that will have 0 be vigilantly watched for on a daily basis. It is the type of thing that can sneak in and then dest roy an office. Good, honest, and open employees are the besr protection against such abuse. 12 DOCKET CALL February / March 2000 Republican Candidate Questionnaire (continued) I Lyko. Rosenthal Stafford 7. The wishes ofrhe complainant or their family members should always be considered in both prosecution and punishment recommendations. The ultimate decision must be based on what is in the best interests of justice. 7. Victims should always be consulred; that said, all recommendations should be based on the evidentiary strength of the case. 7. Significant input. I I 8. Emphasis should be placed on juvenile crime, child abuse and domestic violence. Trained personnel are required in these areas to assure proper evaluation of proposed cases and very capable prosecution of valid cases. Intervention programs with Child Protective Services and related agencies are vital. Sharing data saves lives and money. 8. I want an outside audit or our office to see if resources can be reallocated to fund more aggressive investigations in the areas of public integriry and white-collar crimes. 8. The District Arrorney's budget may need to be expanded in the areas which involve criminal acts perpetuated against children and senior citizens. I 9. There should be "therapeutic" drug courtS where drug users accused of possession of small quantities of drugs are given the choice between being locked up or strictly supervised drug treatment and rehabilitation. In other words, "give up drugs or go up the river!" 9. Rehabilitation is always a key goal. The Texas Professional Prosecutor's Act requires prosecutors to be cognizant of sentencing options. I am also a firm believer that some jail time is a very good motivational tool in encouraging rehabilitation. 9. None. i I 10. I propose evolutionary changes stressing excellence and more career opportunities; outreach to the bar and the community and law schools. Coordinate efforts with law enforcement agencies from the precinct level to the federal. 10. In addition to the areas listed above, I am planning to interface area police agencies to close the holes in the "dragnet" . I would also like for this office to become more active in the legislative process. Additionally, I am interested in outreach to members of the minority community to make this office more "user friendly". 1O. Maintain the quality of the office and ensure that resources adequate to increase protection for children and senior citizens exists. 11. See answer to No.7 above. 11. In any case where the offender will not submit to therapy for his/her problem and the case can be made from an evidentiary standpoint. 11. I do not favor terminating prosecutions in those circumstances. 12. During my career, I have been 12. Remain beholding to no one. 12. My job IS to enforce the law subjected to pressures varying from death irrespective of personalities or special threats ro subtle inducements. I have won interests. four general elections, three of which were contested. Judicial colleagues and I have been sued. At all times, I have maintained the honor and independence of the judiciary. My record speaks. February / March 2000 DOCKET CALL 13 ---------------- MemberProfile Nrume ___________________________________ BarCMd _______________________ Address _________________________________ Ci ty, State, Zip ____________________ Phone __________________________________ a x ~ ~ ~ E-mail _______________________________ Web Site Address: Would you like us to place a link to your web site on the HCCLA web site? DYes ONo Would you like us to include you in the HCCLA referral directory at the home/office? DYes ONo Areas of Interest We would like to provide both web site links and member directory listings of attorneys by Mea of interest with the hope of improving the network around areas of specific knowledge. Please check off those Meas that you consider yourself particulMly knowledgeable about. 0 A ppell ate Issues D Environmental Crime D LandlordlTenant 0 Search and Seizure D Arson D Ethics Issues Issues 0 Selective Prosecution 0 Artifact Cases D Evidence D Medical Defense 0 Sentencing, State D Battered Women's 0 Expert Witnesses 0 Mental Illness Issues 0 Sentencing Syndrome 0 ExpWlction 0 Military Justice Guidelines, Federal 0 Child Sexual Abuse 0 Extradition D Mitigation D Sex Offenses 0 Child Pornography D Family Law D Municipal Court D Social Security D Civil Disobedience D Federal Law Practice Disability 0 Civil Rights D Federal , White Collar D Non-English Speaking 0 Stalking 0 Computer Crime D Fish and Game Clients 0 Tax, Federal , Tax 0 Confessions Offenses 0 Parole Issues 0 Constitutional Law 0 Forensics 0 Plea Negotiations D Traffic Crimes 0 Contempt Defense 0 Forfeiture D Pornography I nfract ions 0 Death Penalty D Fraud, White Collar D Post Conviction Relief D Trial Preparation D Discovery Crime D Prisoner Rights D Use of an Interpreter D DNA Issues D Grand Jury D Prosecutorial 0 Weapons Defense D Domestic Violence D Habeas Corpus Misconduct 0 Wiretapping D Double Jeopardy D Immigration 0 Prostitution D Drugs D Intoxilyzer D RICO D DWl 0 Jury Selection D Robbery D Juvenile D Scientific Evidence In order to update our records, please fill out the above form and fax it to Jay Skelton at 713-529-2999. HCCLAandSouthTexasCollegeofLaw present WhiteCollarCrimeConference: BusinessCrimesinStateand FederalCourt May11.12,2000 atSouthTexasCollegeof Law Speakers include: Joel Androphy David Berg Becky Burks (U.S. Probation Officer) Dick DeGuerin Doug Durham Larry Finder Tom Hagemann Rusty Hardin Richard Haynes Phil Hilder Mike Hinton Hon. Nancy Johnson Michael Ramsey Lisa Reed (U.S. Probation Officer) Robert Sussman Ron Woods 9.5 hours ClE, including 1 hour of ethics. $175 for HCClA members ($70 off the regular price) . Attendees will receive West Group's White Collar Crime treatise, with form disks (a $155 value)! TO REGISTER: Call 713.646.1757 Or visit http://www.stcl.edu/cle/cle.html 14 DOCKET CALL February / March 2000 CAPITAL MURDER TRIALS SEMINAR :M:arch 23-24, 2000 "\'Vestin Galleria Oaks Botel Co-Sponsored byT.C.D.L.A., B.C.C.L.A. and G.C.C.L.A. Social 111* for all B.C.C.L.A. :rn.e:rn.bers Thursday, :M:arch 23rd 6:00-7:30 p.:rn.. Spy - 112 Travis Free Buffet Cash Bar CAPITALMURDERTRIALS Please complete and send this registration form by mail to TCDLA 600 West 13th St. Austin, TX 78701-1700 or by fax to (512) 469-9107. ~ e ________________________________________ Bar Card # _____________________________________ d m e ~ _______________________________________ City, State, Zip ____________________________________ Phone _______________ Fax _____________________ E-mail --------------------------------------- Current TCDLA Harris County or Galveston Criminal Lawyers Association Member $250.00 Non-Member $325.00 Update your membership or join and get the seminar at the member price! New Member or renewing member licensed less than 2years $325.00 Renewing membership and licensed more than 2years $400.00 Early Registration ends March 9th After that date, please add $ 50.00 Can't Anend? Buy the book! $ 89.30 Audio Tapes $108.25 1999 Death Penalty Manual (Less than half price) $ 40.00 I am applying for ascholarship by March 3rd Check enclosed (Make Payable to TCDLA) Charge my Visa American Express Master Card Discover Name on Card Your Total____ ------------------------------------ Card Number ------------------------------------ Please check here or call the office if you require special assistance. ~ will be happy to help you in any way we can. Please call Randy at 512/478-2514 or cbeck out our Web site - www. tedia. com for information! February / March 2000 DOCKET CALL 15 HarrisCountyCriminal LawyersAssociation MembershipSurvey ALL RESPONSES ARE STRICTLY CONFIDENTIAL Instructions: This questionnaire will only take 15-20 minutes of your time. HCCLA will utilize it to railor programs and services to your needs. Thank you for your response. YourCriminal DefensePractice 1. Years of experience in criminal defense o Less than 2 03-5 05-10 0 0 10-20 Over 20 2. Number of jury trials o Less than 5 05-10 o 11-20 020-40 041-60 o More than 60 3. In the past 12 months, looking solely at the time spent in the defense of criminal cases, what percentage of your criminal defense practice is:
o :'>17l /a o -'(f % 17 Private Court Appointed (State) Court Appoi nted (Federal) Salaried Public Defender Pro Bono 4. In the last 12 months what percentage ofyour time in criminal defense matters was spent on cases in the following courts? (Mark all that apply) Federal appellate courts Other federal courtS State appellate coures
'U'o '..>Vo /00. -'(f % -'(f -'(f %
TraftJc courts Other cou n ry courts Milirary Courts Administrative Hearing Juvenile Courts Other municipal CourtS 5. During the last 12 months, what percentage of your time spent on criminal defense matters was spent on each of the following: Pre-trial and trial work % Appellate % Post-conviction (other than appeals) % Other (Please specify) % 6. During the past 12 months, what percentage ofyour criminal defense practice have you devoted to each of the following areas:
s -& So <Vo '..>l1"0 00 0 -"6 -'0 -'0 -'0 Property offenses (robbery, burglary, etc) Personal offenses (murder, assault) Drugs (disuibution and possession) Social crimes (prostitution, obscenity, pornography) White collar crimes (corporate tax, bank fraud) Drunk driving (including felony and misdemeanors) Other misdemeanors and traffic violations 16 DOCKET CALL February / March 2000 Harris County Criminal Lawyers Association Membership Survey(continued) Continuing Legal Education (CLE) Programs 7. Please list all the CLE programs, lasting one day or longer, that you have attended in the past three years and the name of the organization that sponsored them. 8. The following is a list of factors that we are considering improving in HCCLA CLE programs. Rank this list of factors in order of importance to you (1 being important and 5 being unimportant) when you make a decision regarding whether to register for a seminar. Lower seminar tuition _ Less expensive locations Resort locations _ New topi cs _ New speakers _ Increase quality of speakers _ Increase quality of written materials Lower cost of soci al events _ Weekend programming _ Your suggestions ______________ 9. Where would you like HCCLA to place its emphasis when scheduling Continuing Legal Education programming? Please rank the following formats from 1 to 5 with 1 being the format that most interests you. _ Multiple general criminal law topi cs _ In-depth study of a specialized area of criminal Jaw Basic skills or information Advanced skill s or information _ Other: (Please specify) ____________ 10. Potential subject areas for future CLE programs are listed below. Put a check mark in the column that best describes your attitude towards attending a seminar on each of the topics listed. Trial tactics White collar cri mes Developing and building a criminal practice Right to counsel ~ ~ ~ ~
tk ~ , , ; , ~ It- o" <"6. '1"t: ~ . . 0 i-"<,, 11:0 t})QJ. "%" i-"(,, ( , , ~ ~ Q Q ~ ~ ~ Q Drug law developments Forteiture proceedings Forensics Computers: Office managemenr applications Spanish Language Training Sentencing Sex crimes Appellate issues Immigration Motion practice Juvenile law Environmental cri mes Basic skills program Advanced trial skills program Plea negotiations Death penalty ProsecutOrial misconduct Ethics Profiles of highpublicity cases Money laundering OWl Demonstrative evidence International extradition Minority and women's Issues February I March 2000 DOCKET CALL 17 Harris County Criminal Lawyers Association Membership Survey( continued) 11.Whatlengthofprogramsdoyou prefer? (Circleonlyone) a) Full day- lunchon yourown b) Full day- withluncheonspeaker c) Halfday (fourhours) in the morning d) Halfday(fourhours) in theevening e) Two full daysessions f) Two halfdaysessions (four hours persession) g) Shortprogramsvia Internet 12.Whatdays oftheweekare bestfor two-daycourses? oMon/Tues 0 Thurs/Fri 0 Fri/Sat 13.Whatdayoftheweekis bestfor aone-dayor half-daycourse? OMon oTues oWeds oThurs oFri oSat 14. Belowis alistofcurrentandPOTENTlALHCCLA programproducts. Pleaseassumethatthetopicisofinterestto you. Indicateyourlevel ofinterestinpurchasingtheseby enteringanumberbetween 1and5with 1beingnotinterested and5 beingveryinterested in purchasingtheproduct. Individualseminarnotebooks _ CLEmonograph (groupingofmaterials by ropi c) _ Audio tapes ofseminars _ Replays ofvideotapesofHCCLAseminarsathotels in major metroarea _ VideotapesofHCCLAseminarsfor use asCLEshown atyouroffi ce orassociation atyourconvenience _ Videoand pamphl ets for families andclientssuch as _ Preparing forTrial or _ Whatto dowhen yourLoved OneGoes to Prison TextbasedCLEseminarson theInternet Audio based CLEseminarsontheInternet _ CLEseminarsvia the telephone Membership Benefits and Services 15.Whatpromptedyou to joinHCCLA? Friend'srecommendation _ Flyer in the mail Memberdiscounton CLE Other:__________________ 16. Howimportantwaseachofthefollowinginyourdecision tojoinHCCLA?EvaluateeachonascaleofI (I beingno importance) to 5 (5 beingVeryimportant). Importance to you 2 3 4 5 Quality ofCLEseminars 2 3 4 5 Recommendation ofanothermember 2 3 4 5 Membersservices offered (including Lawyers' AssistanceStrike Force, web site, networking,professional contacts,etc) 2 3 4 5 LegislativeWork 2 3 4 5 Other(Pleasespecify) _______________ 17.Whatdoyou like mostaboutHCCLA? 18.Whatdoyoulike leastaboutHCCLA? 19. Do you feel that you have the access to particIpate in committee, boardandotheractivities ofHCCLA? oYes 0 No 20.Pleaseindicatethequalityof theresponseyoureceivedwhen interactingwith theHCCLA? oPoor 0 Fair 0 Good oVeryGood 0 Excellent 0 No Interaction 21. Ofthefollowing HCCLAresources, please indicatehow manytimesyouhave usedeach resource in thepastyear,and individuallyrateeach resource in orderofimportancetoyou usingascaleof1(1 beingofnoimportance) to 5 (5 beingvery important). Rate Importancefrom I (low) to 5 (high) TimesUsed List Serve 2 3 4 5 Strike Force 2 3 4 5 Web Site 2 3 4 5 DocketCall 2 3 4 5 Referral Service 2 3 4 5 22.Are thereotherservicesyouwould want HCCLAtooffer? oYes, pleasespecify:______________ ONo 23. Pleaserate thefollowingPOTENTlALservicesintermsof theirvaluetoyouusingascaleofI (1 beingofnovalue) to 5 (5 beingveryvaluable) Retirement plan Health insurance Life insurance Disabilityinsurance NoValue 1 1 1 2 2 2 2 2 3 3 3 3 3 4 4 4 4 4 Very 5 5 5 5 5 18 DOCKET CALL February/ March2000 Harris County Criminal Lawyers Association Membership Survey( continued) Carrental discount 2 3 4 5 Officesuppliesand equipment 2 3 4 5 Overnighrcourierservices 2 3 4 5 Law pracrice managemenr: Advisoryservice 2 3 4 5 Workshops onsrress reducrion in rhe pracriceofcriminal law 2 3 4 5 Confldenrial horline for members wirhsubsranceabuse problems or orherwise in emorionaldisrress 234 5 HCCLAOnlineDiscussion Forum which would allow publicand privare messageexchanges between subscribingmembersand compurer access ro briefs, morions,erc. 2 3 4 5 Association Priorities 24. Ranktheactivities ofHCCLAfrom 1-5 (l beingmost importantro you): __Legislarive work __Legal publicarions __Legal assistance __Fellowship __Training 25. Should electionsfor HCCLABoardofDirectorspositions becontested? oYes 0 No 26.Whatinformationwould like to haveavailable from the HCCLAwebsite?_________________ 27.Listyourtop3 legislativepriorities for the2001 session. Law Office Management 28.Pleaseindicatethetypeofcomputerequipment,ifany,you usein yourpractice? (CircleaJl thatapplyandindicatespeedof processor) I) IBM comparible/ Macintosh personal computer on a network______ 2) IBM comparible/ Macinrosh standalone personal compurer_______ 3) IBM comparible/ Macintosh Portable compurer 4) Mainframe 5) Donor have compurerequipment 29.Whatwordprocessingprogramdoyou use? Pleaseprovide versionandbrand (i.e. MicrosoftWord6.0 forWindows) 30. Please indicate which ofthese features you can ACCESS NOWbymarkingwithan"A" orPLAN ro beableto accessinthe next6months bymarkingeach witha "P." Home/Office / E-mail _/_WebPage _/_ Inrerner Explorer_/_ Nerscape _ /_ Sound Card and speakers / 28K modem orless _ /_ 56K Modem orhigherbur notHighspeed _ /_HighSpeed InrernerAccess Cable ADSL ISDN _ /_ Video conferencing _ /_DocumentAssemblySoftware / Scanner Onlineelectronic research service.Which one? _ /_ OfflineElecrronic research. Whichone? 32. Please indicate whether you use the services ofthese professionals inyour practice. ExpertWitnesses oYes ONo Paralegal oYes oNo Invesrigaror oYes oNo ComputerConsulrant oYes ONo JuryConsulrant oYes ONo General Demographics 1.Which bestdescribesyourcurrentposition in law practice? oSolo Pracririoner 0 Partnerorshareholder oAssociarein a firm 0 Ofcounsel ro a firm oPublicdefender 0 Orher(Pleasespecify) 2.If you are asolo practitioner,which bestdescribes the organizationalsettingofyourpractice? oSolo practicewirh non-lawyersupporr oSolo pracricewirh no support oSolo pracricesharingofficespace oOrher(Pleasespecify),_________ _ 3. Howmanylawyers are in yourentirefirm oragency? _ ____lawyers 4. Howmanyofthese otherlawyersdefendcriminalcases? _____lawyers February/March 2000 DOCKET CALL 19 Membership 5urvey( continued) 5.Wherein HarrisCountyis youroffice is located? oDowntown oGalleria!Greenway oHeights/Montrose ON/NW OW/SW oS/Pasadena/DearPark o t h e r ~ _______________ 7. Howmanyyears haveyou practiced law? ______years 8.Whatis yourgender? oFemale oMale 9.Age oUnder20 0 40-49 021-29 050-50 030-39 060orover 11. Howmanyyears haveyou beena memberofHCCLA? o0-2 0 2-5 05-10 oMore than 10 12.Whatwasyourpersonaltotalnetincomefrom thepractice oflaw for 1999? For consistency, indicate the income after deducting office overhead and other ordinary and necessary businessexpenses, butbeforeyourmonthlytaxes anddeductions forFICA,insurance,andpensionfunds. Pleaseaddanycompany firm contributions to pensionsorprofitsharingplans. oUnder$10,000 o$11,000-$29,000 0$30,000to $59,000 o$60,000 to $100,000 oOver$100,000 13.Whatpercentageofyourincomewas derived from the defenseof criminal cases? % 14.Whatpercentageofyourincomewas derived from court appointmentsto defend indigentdefendants? % 15.Whatis yourethnicbackground? a) Caucasian b) AfricanAmerican c) Hispanic d) Pacific Islander e) American Indian f) Other(Pleasespecify) ~ ~ _________ Thankyou for taking the time to rut outthis survey. Ifyou haveanymorecommentsyouwouldliketopassalong,pleaseuse thespaceinthenextcolumnand/orincludeaseparatesheet. We will read andconsideranyandall commentsyou make. PLEASEcompleteand returnthisSurveyandProfilebyMarch 15, 2000. It may be faxed back to (713) 572-2483 or mail to H.C.C.L.A., P.O. Box 22773, Houston,TX77027. 20 DOCKET CALL February/ March2000 Hearsay NotGuiltyVerdicts Emily Munoz - Theft in CCCL#2 (First jury trial after leaving the DA's Office) . Alice DeGregori Morales - Assaulr in CCL#3. Tucker Graves - 2500 Ib marijuana, federal court, Corpus Christi. Wayne Heller - murder in the 208,h District Court. Rick Cascleberry - Assault in CCCL #7. David Wyborny - aggravated assault in the 339'h District Court. Yalila "Lee" Guerrero - Assault of a Police Officer and Possession of Controlled Substance (habitual) in the 228th Distri ct Court. Others Joe Salhab and Olivia Nunnery - Life sentence when death penalty sought in the 339'h District Court. Robert Morrow and Gerald Bourque - Life penalty when death penalty sought in the 182,d District Court. Bo Hopmann - Felony aggravated sexual assault of a child, reduced to misdemeanor assault with probation in Wharton County 329 m District Court; motion to suppress in Galveston CCL# 1. George Young - dismissal of charges in a criminal rrespassand theft of service case in Liberty County; a 4.5 -year prison term and 10 -year parole for his client with a prior felony conviction after a trial in the biggest delivery of a controlled substance case in New Jersey history. Troy Locklear - reversal and remand in the Court of Appeals on a misdemeanor assault. Norm Silverman and Abby Weinhauer - reversal and remand on a doctor charged with misdemeanor assault. Congratulations to Jack Carroll on becoming Board Certified in criminal law and to Mark Bennett for the summary judgment he won defending one of our brothers against a $1 million malpractice action .
DOWNTOWN / MARKET SQUARE 307TRAVIS HOUSTON,TEXAS 77002 713-247-9207 SERVING UQUOR, WINE and BEER Deli Sandwiches Soup & Chili Daily Until Closing LUNCH SPECIAL Mon-Fri 11:00A.M. - 2:00P.M. Open 365 Days A Year Till 2:00 A.M. SpeakingOpportunities Name:__________________________ __ Would you be interested in speaking on a topic for Harris County Criminal Lawyers Association? If so, please list the topics that you would be willing to speak on and write about. Substantive papers with practice advice and up-to-date picture of the law are required for all seminars. Itis not essential for you to have experience before being considered for a presentation. However, the level of your experience will have an impact on the type of seminar you are considered for, so please list that experience, if any. CommitteeInvolvement Please suggest committees you feel are important and that you would be willing to serve on in the 2000-2001 term. Fax response to HCCLA at (713) 529-2999. DOCKETCALL 21 February I March 2000 BURNS BAIL BONDS FAMILYOWNEDAND OPERATED SINCE 1971 We advocatethatapaid-in-fullattorneyisa client'sbestdefense Refer a DWI bond and receive a free DWI video We testify at bond reduction hearings OPen 24 Hours Prompt Courteous NotaryAvailable BilingualStaff Credit CardsAccepted TermsAvailable Free Parking John, Shaun, Carol, Shannon, Shelby, andChris 713-224-0305 809Houston Avenue Houston, Texas77007 22 DOCKET CALL February/ March 2000 929 Preston, Suite 200 Houston, Texas 77002 PRESORTED STANDARD U.S. POSTAGE PAID HOUSTON, TEXAS PERMIT NO. 11500
Ronald Francis Smart v. William D. Leeke, Commissioner, South Carolina Department of Corrections Attorney General of South Carolina, 917 F.2d 1302, 4th Cir. (1990)