Category Archives: State news

Texas Democrat talking bravely

Marc Veasey can be forgiven for speaking with utmost hope about the future of his political party.

The young state representative retains a youthful exuberance when he says he remains hopeful that the Texas Democratic Party is going to come back … eventually … some day.

http://www.texastribune.org/2015/01/15/veasey-democrats-abbott-davis/

Let’s hope he’s not holding his breath. He’ll need to be resuscitated if he’s waiting for Democrats’ return to ascendancy.

I share his hope. I, too, want to see the Democratic Party revived in Texas. Republicans have too much power. They own every statewide office there is. I’ve long been leery of one-party domination. It breeds arrogance — no matter which party is in control.

Veasey told the Texas Tribune: “There’s no question about the fact that for Democrats, Texas is a tough place. It just is,” he said. “It seems like the Republicans are winning everything, but things are changing.”

Those “things” are demographics. The state has a growing minority population, comprising primarily Hispanics who tend to vote Democratic. The problem, however, remains in the dismal voter turnout.

The 2014 mid-term election was supposed to signal a turning point for Democrats. It didn’t. Wendy Davis got thumped in her campaign for governor, as did Leticia Van de Putte, the party’s nominee for lieutenant governor. All the way down the ballot the result was the same for Democratic candidates.

What’s the solution? How does the Democratic Party restore itself? How does the state become competitive and how do Democrats become capable of challenging standard Republican TEA party orthodoxy that seems to be ruling supreme in Texas?

Rep. Veasey says the party apparatus shouldn’t just wait for the demographic shift to put Democrats over the top. Well, given the party’s lack of success to date, that might be the only option left — particularly if Republicans keep promoting anti-immigration measures that work against their own efforts at party expansion.

 

Farewell, Lt. Gov. Dewhurst

David Dewhurst has bid the Texas Senate farewell after serving 12 years as lieutenant governor and presiding officer of the 31-member legislative chamber.

It was an emotional good bye.

I’m glad the Senate approved the resolution honoring him for his service. Dewhurst did serve the state well.

That is until he got outflanked on his right by Ted Cruz in their campaign for the U.S. Senate in 2012. Then the lieutenant governor became someone that many of us no longer recognized. He got outflanked once more this past year as he lost the Republican primary to Dan Patrick.

The cause of good government has lost a one-time champion.

***

I recall when Dewhurst splashed onto the state political scene in 1998 when he ran for land commissioner. I’d never heard of this wealthy guy from Houston. He’d been a political insider downstate and was well-connected.

But he became land commissioner and did a great job expanding veterans home loan benefits, which is one of the office’s key duties.

Dewhurst was an occasional visitor to the Panhandle while serving in that office and later as lieutenant governor. He always seemed quite appreciative of the time we spent visiting about the issues of the day. And I think we forged a nice professional relationship over the years.

Dewhurst could talk forever about the tiniest details of legislation, which he did often either on the phone or in person. Indeed, I often heard from my sources in Austin that Dewhurst might have been the hardest-working state official in Texas.

He was elected lieutenant governor in 2002, succeeding Bill Ratliff who was appointed by the Senate to fill the term vacated when Rick Perry became governor — after George W. Bush was elected president.

Dewhurst ran the Senate the way most of his predecessors did, with a flair for bipartisan cooperation. He was unafraid to appoint Democratic senator as committee chairs, sharing the power with senators from the other party.

I always appreciated his adherence to Senate tradition.

Then came his failed bid to be elected to the U.S. Senate. Ted Cruz battered him for being too moderate. Dewhurst fought back — uncomfortably, it appeared to me — by saying in effect, “I’m no moderate. I’m as conservative as you are, Mr. Cruz.”

He didn’t wear the TEA party label well. Cruz beat him in the 2012 GOP primary.

Then came Patrick in 2014 to do the same thing to Dewhurst: painting him as some sort of squishy moderate Republican In Name Only. There’s nothing worse in the Texas GOP than to be called a RINO.

They fought through the primary. Patrick defeated Dewhurst in the runoff.

Now the new guy is set to take over. The Senate won’t be the same. Dewhurst has said farewell.

I am glad to have gotten to know Lt. Gov. Dewhurst. I wish him well in whatever future awaits him.

 

Let's quit the Hitler references

Randy Weber is making a strong case for the title of looniest Texas member of Congress.

The right-wing Republican who represents Southeast Texas — where I used to live — has gone overboard in criticizing President Obama for his absence from the massive Paris “unity rally” the other day.

http://www.huffingtonpost.com/2015/01/13/randy-weber-obama-hitler-parsi_n_6460280.html

The GOP nimrod posted on Twitter that Adolph Hitler bothered to go to Paris for the wrong reasons, while the president didn’t go “for the right reason.”

Good bleeping grief, dude.

Hitler went to Paris in 1940 to declare victory over the French during World War II. And this episode has reached some sort of moral equivalency? Give me a break.

I’ve criticized the president for failing to attend, or for the absence of a high-level, high-profile American official at the event; the U.S. ambassador to France did attend. And the White House did offer an unusual admission that it erred by not sending, say, the secretary of state to the enormous rally.

To compare the president of the United States to the 20th century’s most hideous dictator?

Keep your mouth shut, congressman.

 

Patrick set to dispense with Senate 'tradition'

The next Texas lieutenant governor said he likely would do away with a rule that’s governed the flow of legislation.

Lt. Gov.-elect Dan Patrick appears set to make good on it.

Let’s all say “so long” to the two-thirds rule of the Texas Senate.

http://www.texastribune.org/2015/01/10/primer-endangered-two-thirds-rule/

The two-thirds rule had been favored by lieutenant governors of both parties as a way to build a semblance of bipartisan support for legislation. It requires that at least 21 senators out of 31 total support a bill before it goes to a vote.

Many Republican senators have supported the rule. One of them is Kel Seliger of Amarillo. But then again, Seliger is no fan of Patrick.

As the Texas Tribune notes in the essay attached to this blog post, Patrick — who tried as a freshman in 2007 to get rid of the rule — now appears to have the votes to scrap it.

As the Tribune reports: “The rule has the practical effect of forcing Republicans to earn the support of one or two Democrats to get a bill through the chamber — and of shielding moderates in both parties from difficult votes. It also can protect minority interests in situations where the divide is not partisan, such as on issues where regional rather than political allegiances come into play.”

The Tribune notes that the Senate retains the power to vote on changing the rule. The lieutenant governor, though, as the presiding officer of the body has the power to make committee assignments. He can pay back those who cross him with those appointments, as the Tribune reported.

This is the influence of the Texas TEA party wing of the GOP. It’s less bound by tradition than other Republicans. What’s more, the TEA party crowd now has one of their own sitting at the front of the Senate chamber.

It’s going to be a new day in Austin when the next Legislature convenes.

Some of the new folks will enjoy it. A number of the seasoned hands, who’ve enjoyed working in a legislative body that sought bipartisan collegiality, will not.

 

End of a Texas era is about to end

One of my favorite Texas political observers, pundits, commentators and thinkers is about to call it a career.

Paul Burka is retiring in March from Texas Monthly after a 40-year career commenting on Texas politics, government and public policy.

I haven’t met Burka, but I hope to shake his hand one day before one of us checks out. I’ve read his work extensively over the 30-plus years I’ve lived and worked in Texas. He brings considerable heft to any political discussion.

http://www.texasmonthly.com/burka-blog/last-forty-years-and-future

He includes a lengthy email sent to Texas Monthly staffers from editor Brian Sweany.

Sweany notes in his email the many contributions Burka made to the magazine, including one of my favorite essays, the 1986 cover story about how the Chevrolet Suburban had been named the “National Car of Texas.” His best-worst list of Texas legislators has become a political staple every other year.

I enjoy including Burka’s thoughts in my own blog and I usually rely on his expertise about political matters relating to our great state.

The man knows the ropes. He has, as the saying goes in Texas, earned his spurs.

Good luck and Godspeed, Mr. Burka.

Can the state can cut taxes too deeply? Yes

Oil revenue is falling in Texas. The state depends on it to pay for state government.

Yet the bean counters in the Comptroller’s Office are being told by lawmakers — namely Lt. Gov.-elect Dan Patrick — that the state is not going to ease up on providing tax relief for Texans.

https://wordpress.com/read/post/feed/12395410/595905125/

Comptroller-elect Glenn Hegar’s task is to provide the Legislature with an estimate of how much money the state will have to spend the next two years.

But those darn oil prices make these projections so very tricky.

Should the state keep cutting taxes when its revenue stream has been put in jeopardy by forces beyond its control? I don’t think that’s wise government policy.

That doesn’t deter Patrick and his tax-cutting allies in the Legislature. Patrick told panelists at a Texas Public Policy Forum gathering: “We expect to be bold and we expect to be big in tax cuts and then I’m going to trust my good friend here the comptroller.”

The state Legislature, populated by a super-Republican majority led by a TEA party faction that just cannot cut taxes enough — even if it puts important government services in jeopardy — ought to resist the temptation to keep slashing revenue just for the sake of slashing revenue.

I doubt seriously, though, anyone in Austin will follow that course. It’s politically popular in Texas to cut, cut and cut some more.

Good luck, Mr. Comptroller, as you prepare to deliver the bad news to our elected representatives.

Random selection for grand juries?

 

Grand juries have been in the news of late.

A Travis County grand jury indicted Texas Gov. Rick Perry on charges of abuse of power and coercion; another grand jury declined to indict a Ferguson, Mo., police officer in the shooting death of a young black man; and still another grand jury no-billed a Staten Island, N.Y., cop in the choking death of a black man.

All those decisions provoked controversy.

I bring this up as an introduction to a chance encounter I had Tuesday with a state district judge whom I’ve known for nearly 20 years. Judge John Board and I were visiting for a time and our discussion turned to grand jury selection in Texas. Board mentioned he’s been using a random selection method for some time, rather than relying on a jury commissioner system that remains the selection-method of choice for most trial judges in Texas.

We talked about an editorial campaign of which I was part in Beaumont many years ago. We argued vehemently at the Beaumont Enterprise for a change in the way grand jurors are selected in the two criminal courts in Jefferson County. We didn’t like the commissioner system, as it relied on jury commissioners’ discretion in picking grand jurors. Jury commissioners — who are appointed by judges — could pick friends, or friends of friends to serve on the grand jury; they could pick judges’ friends.

The theory is that the jury commissioner system enables courts to pick the “best and the brightest” of a community to decide whether criminal complaints warrant prosecution. But the system is exposed to the possibility of manipulation. It could be used to settle scores. A jury commissioner with a bone to pick with someone — for whatever reason — could find grand jurors who would side with him in getting revenge.

I’m not saying such a thing happens frequently, nor do I even have first-hand knowledge of it ever happening. But it could.

I am a strong believer in the random selection method. I was heartened to hear my friend, Judge Board, say that he uses the random system in his court, which has jurisdiction in Potter and Randall counties.

Our newspaper in Beaumont finally won out, by the way. The two courts in question in Jefferson County eventually switched to a random selection method — with grand jurors selected off the voter registration rolls — and to my knowledge it’s been working fine ever since.

So, why not require it across the state?

Amarillo is represented in the Legislature by two fine lawyers — Republicans John Smithee and Four Price. Might there be an opportunity for one or both of them to pitch legislation calling for mandatory random selection of grand juries?

If a trial jury chosen at random can be charged with sentencing someone to death, surely the state can put its trust in a random selection method to pick a grand jury to decide whether to prosecute someone for a crime.

 

 

Gay marriage on its way … to Texas?

Do you ever feel as though you’re swimming against a tide that keeps getting stronger while it sucks the energy out of your efforts to fight it?

That’s how I’m feeling with this gay marriage issue.

I’m still grappling with the notion that it’s all right for people of the same sex to marry each other. I’m a traditionalist and my own values make it hard for me to embrace the idea of same-sex marriage as being the same as the marriage I have enjoyed for the past 43-plus years.

OK, I’ve laid down that marker.

I also understand what the law says, what’s in the U.S. Constitution and how all Americans are guaranteed equal protection under the law. Thus, it appears that states’ bans on gay marriage appear doomed.

That notion I will accept.

Florida has just begun allowing same-sex couples to marry. Federal judges — those damn “unelected judges,” in the eyes of conservatives — keep overturning state bans on same-sex marriage. A federal judge in Texas has ruled that our state’s ban — written into the Texas Constitution — violates the federal Constitution’s equal protection clause stated in the 14th Amendment. It grants full rights of citizenship to anyone born in the United States with zero regard to that people’s sexual orientation.

All of this makes perfect sense to me. If the states are governed by a federal framework — the Constitution — then the states are obligated to obey the rules set down within that framework.

Does any of this mean that all Americans must embrace the idea of same-sex partners getting married? Honestly, no.

All it means to me is that the law is the law and that states cannot impose their own laws that supersede the Constitution of the United States of America.

That includes bans on same-sex marriage.

I can feel that tide of political and cultural change getting stronger all the time.

 

Ex-judge committed egregious act

This story got past me when it happened, so I’m a bit late commenting on it, but it does give the Texas legal community something to ponder — such as how severe a sanction should a judge face if he or she commits an egregious act of judicial misconduct.

Elizabeth Coker used to preside over the 258th District Court in rural East Texas. She resigned her judgeship a little more than a year ago after it was revealed that she sent text messages from the bench to a prosecutor — prompting her with questions to ask that would secure the conviction of a defendant.

http://poorrichardsnews.com/post/65069957264/texas-judge-resigns-after-being-caught-texting

The text messages were sent during a child abuse trial in August 2012 to Assistant Polk County District Attorney Kaycee Jones, who was in the middle of a criminal case in Coker’s court.

I don’t know where to begin with this.

The State Commission Judicial Conduct worked out a deal with Coker for her to quit her judgeship. All she had to do was resign from the bench and there would be no additional sanction.

I’ve always understood that judges often have expelled people from their courtrooms for using text devices while court is in session. A former Texas Supreme Court chief justice, Tom Phillips, once told me that in Texas judges can rule their courtrooms like tyrants if they choose to do so.

I suppose that Phillips also implied that judges can run courtrooms with amazing leniency if they so choose.

One of the many astonishing aspects of this case is that Coker then ran for Polk County district attorney after quitting the bench. She didn’t get the job.

This blows my mind. A judge sends a text message with instructions to a prosecutor on how to ask questions that would result in a conviction and all she had to do was quit?

She got off way too easy on this deal.

The Tale of the Texting Judge

The Time magazine story goes through this case in significant detail.

What does the Commission on Judicial Conduct do about these cases? For that matter, why isn’t the Texas Bar Association pitching a serious fit to this day over Coker’s terrible judgment on the bench?

The Time article seeks to cast this case in some political context, noting that Republicans had taken over in a part of the state that once was reliably Democratic. Coker switched parties, from Democrat to Republican, and that apparently caused some ill feelings.

That has nothing to do with anything. Coker should have been punished with far more than just losing her bench seat.

 

 

Who is this guy M.Q. Sullivan, anyhow?

The name Michael Quinn Sullivan keeps popping up in Texas media reports.

He seems to be some sort of kingmaker/queenmaker. He backs ultraconservative Texas politicians, talks them into running for office, raises lots of money for them and then sits back and watches them do his bidding … whatever it may be.

I’ve never met the young man. I’ve heard plenty about him from some local political hands here in the Texas Panhandle. Most of the folks with whom I have contact don’t think much of him, but he certainly has gained power.

Sullivan runs Empower Texas. He’s a former newspaper reporter who became a press aide to former U.S. Rep. Ron Paul. He’s dabbled in politics at many levels over the years.

A recent brief blog post by Texas Monthly guru Paul Burka took note of Texas House Speaker Joe Straus’s apparent rise as a national political figure. He’s going to head some national legislative council, which Burka sees as the “nail in Sullivan’s coffin.”

http://www.texasmonthly.com/burka-blog/rise-joe-straus

Sullivan doesn’t like Straus, who I guess he figures is too darn moderate to suit his taste.

The closest I came to understanding Sullivan was watching the 2014 Texas Republican primary battle for the state Senate seat now held by Kel Seliger, R-Amarillo. I know that Seliger doesn’t like Sullivan’s brand of archconservative Republican politics. I’m guessing Sullivan doesn’t care for Seliger, either.

That explains why he recruited former Midland Mayor Mike Canon to challenge Seliger in last year’s GOP primary. This perhaps was one of the more astonishing matchups I’ve seen in all my years covering Texas politics — from the Gulf Coast to the Caprock.

Canon’s a nice enough fellow. But when the questions came to him during a candidate forum in which I was one of the media questioners, I was flabbergasted at the shallow sound-bite quality of his answers. Seliger, on the other hand, offered details and nuance to his answers and anyone with a smidgen of a brain could see which of these men was the better candidate for the Texas Senate.

Canon, though, fit Michael Quinn Sullivan’s profile of political perfection.

The most frightening part of this campaign? Canon damn near won! Seliger squeaked out a primary victory and then was re-elected unopposed in the general election.

The Texas political landscape is sprinkled generously with officeholders who fit the Sullivan-TEA party mold. This guy wants more.

Sullivan is one scary dude.