Tag Archives: John Smithee

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.

 

 

Panhandle might fall victim to intra-party squabble

Having taken note of the political demise of a soundly conservative lawmaker from East Texas to an even more conservative challenger, the thought occurred to me: Is the Texas Panhandle susceptible to this kind of intra-party insurrection?

State Sen. Bob Deuell is about to leave office after being defeated in the GOP primary by newcomer Bob Hall. As the Dallas Morning News columnist noted, the “farthest right” defeated the “far right.”

So, what does this mean for the Panhandle?

I’ll admit that the GOP primary contest for the Texas Senate seat held by Kel Seliger, R-Amarillo, frightened the bejabbers out of me. Seliger almost got beat in the March primary by former Midland mayor Mike Canon, a nice guy who’s also a TEA party mouthpiece. Canon suggested during the campaign that Seliger, a mainstream Republican former Amarillo mayor, was somehow in cahoots with them crazy liberals in Austin.

The Panhandle, indeed all of West Texas, dodged a bullet by re-nominating Seliger in the primary and allowing him to coast to re-election in an uncontested race in November.

What does the future hold? What might occur if, say, state Rep. John Smithee, R-Amarillo, packs it in? Smithee has served in the Legislature since 1985 and has developed a reputation as one of the smartest, most legislatively savvy members of the Texas House.

Who’s lying in wait out there for a key retirement? Who’s waiting in the tall grass waiting to seize the moment to launch a sound-bite campaign the way Hall did against Deuell?

It happened in a Texas Senate district down yonder. It can happen here.

 

Now, about that statewide texting ban

Let’s call this election right now.

Four Price is going to win re-election Tuesday to a third term in the Texas House of Representatives from House District 87.

There. Now that we’ve gotten that out of the way, it’s time to insist that the Amarillo Republican pick up where he and his colleagues left off in 2013 regarding a statewide ban on texting while driving motor vehicles.

Price has said he supports a ban. He’s voted for it twice. The 2011 Legislature — where Price served as a freshman — approved a bill banning texting while driving and sent it to Gov. Rick Perry’s desk. But the governor said it was too “intrusive,” or some such nonsense and vetoed it.

The 2013 Legislature, spooked by that veto two years earlier, didn’t get it approved.

Well, Gov. Perry is going to be gone in January. He’ll be polishing himself up and getting ready for another run for the presidency — unless he gets convicted of abuse of power back home in Texas.

The door is open once again for Price and his 149 House colleagues to do what they should have been able to do by now.

Ban the use of texting devices while motorists are driving their vehicles on our state’s highways.

Price is gathering some seniority in the House. He’s no stranger to the legislative process. His pal John Smithee, another Amarillo Republican, is one of the House’s senior members. He’s returning, too. The two of them can team up to strong-arm their colleagues to get this issue done.

Send the bill to the new governor’s desk and insist that he or she sign it into law.

It’s good for Texas.

 

 

Statewide texting ban? Bring it!

Texas is going to consider next year whether to ban texting while driving all across the state.

I’m all for it! Do it, please.

http://www.connectamarillo.com/news/story.aspx?id=1033475#.U1SGTVJOWt8

Texas is one of seven states that doesn’t have a ban on the practice, which is a ridiculous exercise in multi-tasking. A motorist operating a vehicle — possibly at a high rate of speed — needs to be brain dead to try sending a text message while at the wheel of that vehicle.

No punishment, short of the Big One, seems to be too severe — to my way of thinking — for those convicted of endangering other motorists and pedestrians. My thought off the top is that anyone stupid enough to send a text message while driving is too stupid to drive a motor vehicle; thus, suspend their license indefinitely, if not forever.

Amarillo has a ban on the practice. It even bans the use of hand-held cell phones while driving, although enforcement of either ordinance appears to be spotty, according to some reports. Other cities report varying degrees of effectiveness.

Gov. Rick Perry vetoed a bill a no-texting bill in 2011. It didn’t come up in the 2013 legislative session. I haven’t asked our legislative delegation what it thinks of the idea. My guess is that Reps. John Smithee and Four Price, and Sen. Kel Seliger think it’s some form of “government intrusion” or some unenforceable law.

I see all of them on occasion. I intend to lobby them personally to support the idea.

Whoever is governor next year, Wendy Davis or Greg Abbott, might have a chance to sign such a bill into law. It is my fervent hope either of them will do what Rick Perry failed to do.

Panhandle trio makes senator jealous?

Texas state Sen. Tommy Williams came to Canyon to take part in an interesting event put on by the Texas Tribune, but offered a comparison that I cannot let pass without some comment.

Williams, a Republican from the Houston area, was on hand at West Texas A&M University to honor state Reps. Four Price and John Smithee and state Sen. Kel Seliger, all Amarillo Republicans. He joked about how jealous he is that the three of them get along so well, unlike his colleagues in Southeast Texas, who — according to Williams — don’t enjoy the same level of legislative collegiality.

The reference drew some laughs in the packed room at the Jack B. Kelley Student Center. The Tribune’s editor in chief and CEO Evan Smith moderated a discussion with the three legislators, grilling them with questions about the state of the state, water planning, infrastructure development, taxes, education … the whole range of issues.

Back to Williams’s brief expression of envy …

Of course Smithee, Price and Seliger get along. They’re all from the same party and they all represent constituencies that look virtually identical. They’re three peas in a pod, triplets, if you prefer.

Williams, however, represents a part of the state where residents — let alone officeholders — cannot agree on the time of day.

I lived for 11 years in Beaumont, which comprises part of Williams’s Senate District 4. I know the region pretty well. It’s contentious, hot-headed, racially and ethnically mixed and politically diverse with a healthy portion of Democrats and Republicans finding reasons to disagree with each other.

For all I know, there might even be some Cajun influence at work there, with typically opinionated Cajuns named Boudreau, Thibideaux and Guidry preferring to disagree rather than work together.

It doesn’t surprise me in the least that Williams would draw such a comparison between his region of the state and this one. It’s also why I found the upper Texas Gulf Coast such a fascinating place to live and work for more than a decade.

It is a journalist’s version of Heaven on Earth, made that way by the contentiousness that is inbred in the good and colorful folks who live there.

Smithee for House speaker? Don’t think so

Paul Burka, the estimable Texas Monthly editor and blogger, is one of the smarter Texas political analysts around.

I like his analyses — most of the time. I have to disagree with his view that Republican state Rep. John Smithee of Amarillo may be angling for a shot at becoming the next speaker of the Texas House of Representatives.

http://www.texasmonthly.com/burka-blog/does-john-smithee-want-be-speaker

He’s posted a couple of blog items wondering out loud about Smithee’s aspirations in the wake of his emceeing an event in Tyler involving some tea part Republicans.

Burka notes that Smithee voted against the House budget this past session. It’s a big deal, Burka said, because Smithee chairs the House Insurance Committee, thanks to Speaker Joe Straus’s appointment powers.

Burka asserts further that Smithee appears to have a following among members of the tea party wing of the Republican Party, who don’t like Straus’s coziness with House Democrats.

Here’s my take: John Smithee is a comfortable as a back-bench member of the House, where he has served quietly since 1985.

He’s been mentioned in recent times as a possible speaker candidate. I have asked him directly about the earlier reports of his alleged interest in becoming the Man of the House. I’ve always thought Smithee to be a pretty direct guy; he answers direct questions with direct answers. His response to the query was that he didn’t like the “political” nature of the speakership. And political it is. It involves a lot of deal-making, cajoling, hand-holding, bullying … all of it and more.

Smithee just doesn’t strike me as the kind of guy who’s comfortable assuming all those responsibilities.

Would he make a good speaker? He has a lot of friends in both legislative chambers — in both parties.

My sense is that he values those relationships more than he values being speaker.

Smithee for Texas House speaker?

Et tu, John Smithee?

Paul Burka, the blogger/columnist for Texas Monthly, thinks state Rep. John Smithee, R-Amarillo, might be thinking about challenging Speaker Joe Straus as the Man of the House.

That would be a most interesting turn of events.

http://www.texasmonthly.com/burka-blog/brewing-speakers-race

It’s not that Smithee isn’t worthy of consideration. He’s been in the House since 1985 and is by far the senior member of the Texas Panhandle legislative delegation; I think he’s got something like 18 years on the second-ranking Panhandle legislator, Sen. Kel Seliger, R-Amarillo, who was elected in 2003.

Burka thinks Smithee could be among a group of legislators looking to oust Straus, who I guess they believe has become too, um, “mainstream” for their liking. Smithee is set to emcee a fundraiser for an East Texas representative, Republican Kent Schaefer of Tyler.

I’m trying to figure out Smithee’s end game, if he has one, regarding the speakership.

I remember asking Smithee about the speaker’s office back when former Speaker Tom Craddick was being ousted from that high post. Smithee considered a run for it, but backed out. He said he disliked the political nature of the office. He preferred to be more of a legislative workhouse, staying in the background. He’s been known to walk across the aisle to work with Democrats, which I’ve become accustomed to believing is a big strike against any Republican serving in the state House of Reps.

I got the strong sense from Smithee — who I’ve known and admired since arriving in the Panhandle back in early 1995 — that he didn’t like the power brokering the speaker occasionally has to do. I’ve long thought of Smithee as a straight shooter who never was afraid to answer a direct question with a direct answer.

Smithee for speaker? Seems like a stretch to me. Then again, I haven’t been close to Smithee for some time. Maybe he’s been infected by the right-wing virus that’s been going around.