Tag Archives: Judge John Board

Gov. Perry sounds bipartisan note? Wow!

Why do politicians do this? They campaign for office as tough partisans, govern the same way and then, as they prepare to leave office, sound like the Great Compromiser in Chief.

Texas Gov. Rick Perry took his turn at the farewell podium this week as he said so long to the Texas Legislature. He’s leaving office, having served as governor seemingly since The Flood.

He’ll likely run for president of the United States — again! — in 2016.

http://www.texastribune.org/2015/01/15/farewell-speech-perry-encourage-compromise/

But his Austin swan song, in the minds of some of who heard, sounded like a “campaign speech.”

Perry told legislators: “There is room for different voices, for disagreement … Compromise is not a dirty word if it moves Texas forward.”

Some Democrats thought the Republican governor’s speech took a surprising turn, given that he often dug in his heels at Democratic initiatives during his umpteen years in office.

One comment stands out as I read reports of his speech. It was his support of drug treatment diversion programs as an alternative to jail time for non-violent drug offenders. “We must remember when it comes to the disease of addiction, the issue is not helping bad people become good, but sick people become well,” he said. “Turning to diversion programs hasn’t made us soft on crime. It’s made us smart on crime.”

That sounds like a ringing endorsement of drug courts, such as the one started in the Panhandle by 181st District Judge John Board.

Well, the speech is over. Perry is cleaning out his office. He’s heading back onto the campaign trail soon. One of his first post-governorship stops will be in Iowa, where he’ll attend a conservative political forum hosted by TEA party Republican firebrand U.S. Rep. Steve King.

I’m guessing he won’t sound so conciliatory there.

Still, thanks for the good words, governor.

 

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.