The Collin County Observer

A few weeks ago, I noticed that the commissioners court agenda included notification of quite a few new hires in the County Auditor's office.

Then last month I received an anonymous note from a former(?) county employee telling me that the Auditor, Jeff May, had fired 7 employees after giving an "all day test to all members of the department."

I contacted the Auditor who confirmed that 8 people had recently left the department or were terminated of his 31 employee office.

Mr. May responded to my questions with the following email:

Thank you for giving me the opportunity to respond.

As you know I became County Auditor on September 1st, 2009. One of the first tasks I felt I needed to accomplish was to evaluate the employees. I believe I should have my office in order before I go audit other departments. Before I took over as County Auditor I met with each employee individually and informed them that I would be placing the staff through a three month evaluation process. The evaluation consisted of checking employees backgrounds, analyzing skill set requirements to perform tasks, and testing job knowledge.

The knowledge test was given in two parts, a Microsoft Excel test and a written test. Three versions of the written test were given to employees based on their functions in the Auditor’s Office. Employees in the Auditor’s Office perform a variety of tasks, so in many cases questions on a test may pertain to one employee but not another. When grading the tests I only considered questions that pertained directly to one’s normal duties. As a result of the evaluation I learned that I have many outstanding employees; however, I felt the need to dismiss three employees because I felt they did not have the knowledge or background to complete their daily required functions. Four other employees were dismissed due to misconduct or refusal to take all or most of one of two tests.

The accusation of favoritism on the part of my First Assistant is inaccurate. Before the test employees were understandably apprehensive about taking the test resulting in many questions directed at my First Assistant and me. All employees were allowed to ask questions and no information was given to any employee that would give them an advantage over another employee. Great measures were taken before and after the tests to ensure that all employees were treated fairly.

In order to ensure that I hire the best employees in the future job applicants are now given a test when they are interviewed. Even though this evaluation process was difficult for everyone involved including myself, I know that the Office of County Auditor, Collin County, and the citizens of Collin County are better off as a result. I am very proud of my staff that stuck with me through this process.

Jeff May
County Auditor

According to sources at the county courthouse, of the 8 employees who left, 1 retired, 1 was fired for cheating on the test, 1 was fired related to the cheating incident, 2 quit before completing the test, and 2 were terminated for poor performance on the test.

Who would of thought an auditor would cheat?

Mr. May told the Observer that while the upheaval will result in short term difficulties while new employees are trained, he believes that the actions taken will result in a more professional and skilled Auditor's Office.

The County Auditor is appointed by a board consisting of all the county's 9 district judges. The auditor's office operates independently from the commissioners court. According to the Texas Association of Counties, "The county auditor's primary duty is to over see financial record-keeping for the county and to assure that all expenditures comply with the county budget. The county auditor, by law, has continuous access to all books and financial records and conducts detailed reviews of all county financial operations."

"...both the county auditor and commissioners court are required, by law, to approve or reject claims for disbursement of county funds. The integrity of county financial administration is entrusted to a dual control system of 'checks and balances.'"

"The county auditor has general oversight of all the books and records of all county officials and is charged with strictly enforcing laws governing county finances."

Bill

The County Observer and The Frisco DWI Lawyer blogs have teamed up to prepare a 10 question Q & A with the 4 candidates for Collin County District Attorney.

The questions have been sent to each of the candidates. We have promised to post their unedited responses (or lack of) and we hope their answers will give voters a better understanding of the approach each one of these gentlemen plan to bring to the DAs office.

Bill

[Note: This completes the series of articles introducing each of the primary candidates, posting their campaign finance information as well as a video of each when possible]

Complete copies of these and other January, 2010 Semi-annual form C/OH campaign finance reports are available on-line here.

JERRY HOAGLAND

www.jerryhoagland.com

Contributions July - Dec. $20,354
Expenditures July - Dec. $14,346
Campaign account balance Dec. 31 - $26,908
Loans - $9,019

Major contributors (+- $1,000):
John Aughinbaugh - $1,000
Texas Association of Realtors PAC - $1,000
Carter & Burgess PAC - $1,000
Bill Carmickle - $2,000
Rich Family Partners, LTD - $1,000
C.P. & Y. Inc. PAC - $1,000
CH2M Hill PAC - $1,000
Rodney J. Vilhauer - $1,000
Anthony Jeffrey - $1,000
David Andrews - $1,000
Halff Assoc. PAC - $1,000

RICK KOSTER

www.rickkoster.org

Contributions July - Dec. $0
Expenditures July - Dec. $0
Campaign account balance Dec. 31 - $0
Loans - $0

Major contributors (+- $1,000):
none

KARL VOIGTSBERGER

www.electkarl.org/

Contributions July - Dec. $2,889
Expenditures July - Dec. $2,794
Campaign account balance Dec. 31 - $1,309
Loans - $10,000

Major contributors (+- $1,000):
none

CHERYL WILLIAMS

www.votecherylwilliams.com

Contributions July - Dec. $14,465
Expenditures July - Dec. $8,445
Campaign account balance Dec. 31 - $6,020
Loans - $0

Major contributors (+- $1,000):
C.W. Kendall - $2,000
Carla McPeters - $1,000
William Grant - $1,000
Jerry McPeters - $1,000

Bill

Complete copies of these and other January, 2010 Semi-annual form C/OH campaign finance reports are available on-line here.

KATHY WARD

www.kathyward.org

Contributions July - Dec. $10,250
Expenditures July - Dec. $3,903
Campaign account balance Dec. 31 - $10,296
Loans - $0

Major contributors (+- $1,000):
HNTB Holdings LTD. PAC - $1,000
James D. Dannenbaum - $1,000
LAN-PAC - $1,000
CH2M Hill Texas PAC - $1,000
TREPAC/Texas Association of Realtors PAC - $1,000

DUNCAN WEBB

www.duncanwebb.org

Contributions July - Dec. $17,804
Expenditures July - Dec. $6,372
Campaign account balance Dec. 31 - $11,276
Loans - $0

Major contributors (+- $1,000):
Case, Jordan - $1,000
Joyner, Richard - $1,000
Smith, Joan - $1,000
Wohlers, Craig - $1,000

Bill

After watching the Collin County District Attorney use his Drug Forfeiture Fund for new furniture and then for automatic weapons and ammo, it is refreshing to see a notice that he intends to use $11,115 of the fund to fight crime.

The DA has notified the Commissioners Court of his intent to use the funds to pay an invoice for lab work for "additional evidence analysis needed in a Cold Case".

This type of expenditure is what the Drug Forfeiture Fund should have been used for all along.

Bill

The Collin County Observer has posted the "30 Day" campaign finance report required of all local candidates who face an opposed primary race.

This report details contributions and expenditures from January 1, 2010 to January 27. It is the second of three reports due during the primary season.

The reports, along with the "January Semi-Annual" report (details from July 1, 2009 - December 31, 2009) are linked here.

The Collin County Observer is only publishing the reports from "local, county filers". For a detailed explanation of who files where and how you can see the reports of state and national filers, see out previous post, Observer posts all county campaign finance reports on-line

The County Judge candidates appear to be building large war chests for the final 3 weeks of the campaign. Judge Self has amassed $51,869, while Mr. Muns has $64,155 in his campaign account. Keith self entered the season with over $50,000 in his campaign fund - since July, Self has recieved over $48,000 in contributions and Mr. Muns has recieved over $60,000. John Muns has also loaned his campaign $30,000 of his own money.

However, Keith Self has far outspent Mr. Muns. Self has so far spent almost $45,000 to Muns' $27,000. The winner of the the primary will then face Democrat and former Plano city councilman David Smith in the November election.

For the 3 weeks or so covered by the reports, the top fund raisers were Keith Self ($16,535), Greg Willis ($16,055) and John Muns ($15,550).

By far the worst campaign finance report was filed by Doug Reeves, a candidate for the GOP nomination to the Justice of the Peace Court #4 in Frisco. His report was late, is missing critical and required information and like his first "Semi-Annual" report covers a period of time at variance to what the law requires.

The report is basically incomprehensible and shows either indifference to the law or a gross ignorance of it. And this from a guy who wants to be a judge and mentor kids! During my campaign for commissioner, I accidentally left a few boxes "reason for expenditure" blank and was fined $100 for it. I hope Mr. Reeves has saved lots of nickles - he'll need then if a complaint is filed with the TEC.

A pair of Democratic clubs, while not having any candidates in contested primary races that require a 30 day report, have nevertheless run afoul of campaign finance laws. Conservative blogger Curtis Rath, writing in the McKinneyNews.net discovered that two local Democratic PACs had their treasurers fined recently by the Texas Ethics Commission.

The Texas Democratic Women of Collin County PAC's treasurer, June Perdue Jenkins filed two reports late and then appeared to ignore notices from both the TEC and the Texas Attorney General. She was fined $11,400. Barbara Walters, the President of the TDWCC told the Observer that the group has appointed a new treasurer. Ms. Walters also stressed that the violation and the fines were not against the Texas Democratic Women or their PAC, but against the treasurer, who under Texas law is personally culpable and liable.

The Stonewall Democrats of Collin County's PAC also filed a report lase. Its treasurer was fined $500. Mike Agan, the president of the group has noted that the Stonewall Democrats have appointed a new PAC treasurer.

Bill

County In Need Of Advocates For Abused Children

February 4, 2010
Stephanie Lucero -- CBS 11 / TXA 21


COLLIN COUNTY (CBS 11 / TXA 21) - Virginia Barrett says the intimate details of child abuse appalled her when she served on the Collin County Grand Jury. It was the gruesome details behind a number of cases that led Barrett to become a Court-Appointed Special Advocate (CASA) volunteer.

"People say, 'How can you do this?' and I think my response is 'How can you not?'" Barrett asked. "If you see a need, you just have to put aside all those heartbreaking things and think 'What can I do to make it better?"

There is a shortage of CASA volunteers across North Texas. CASA of Collin County is currently serving 250 children who have been removed from their parent's home. The agency serviced 460 children last year.

"CASA gets involved with a case once Child Protective Services (CPS) has done its initial investigation and determined the child cannot be safe at home," explained Susan Etheridge, the Executive Director of CASA Collin County.

David Shevlin adopted twin brothers, Alex and Andrew, when they were 14 years old. The twins were adopted after their parents lost custody of them in Florida. Shevlin says his entire family, of eight, has bonded with the teenagers and that experience led him to become a CASA volunteer.

"There was quite a bit of abuse in the past," Shevlin said of his adopted sons' experience. Alex and Andrew were severely malnourished and weighed only 38 and 40 pounds when they were adopted.

Shevlin was one of 28 men and women trained to be CASA volunteers last week. "It's a hard job to hear about the horrific abuse that these children have suffered," Etheridge said of those who step up to help.

Volunteers go through a week of training and report to a CASA Supervisor. The volunteers interview children, advocate for their best interests, and investigate each case. During their investigation they talk to the parents, family members, teachers, therapists and anyone who has knowledge of what is taking place in the home.

The CASA volunteer then recommends, to the judge overseeing the case, whether the child should be returned to the parents or be removed from the home permanently. Etheridge says, "The volunteer forms a strong relationship with the child", and visits with him or her at least twice a month.

There is a shortage of CASA volunteers in Collin County, with the more experienced advocates handle multiple cases.

Virginia Barrett says she stays in contact with many of the children she has advocated for over the past 11 years. "In some cases the parents, who have been drug abusers, they get their act together and the family gets back together and that's happily ever after too," she said.

Find out more about possibly becoming a CASA volunteer in Collin County.

Link to article and more on CBS-11....

I'm taking a much desired break from all the fun. The Observer will be back sometime over the weekend.

Bill

Plano's plan for Douglass Community Center draws concerns from neighbors

Wednesday, February 3, 2010
By THEODORE KIM / The Dallas Morning News

Plano's historically black neighborhood is raising concerns about a city plan to outsource a local community center.

Residents' reservations unfolded at an animated public forum Tuesday at Shiloh Missionary Baptist Church that drew about 60 people, including the city manager, mayor and several City Council members.

At issue is a plan to transfer operations of the city-run Douglass Community Center to the Boys & Girls Clubs of Collin County. The club has offices in the building.

Many aimed their concerns at City Manager Tom Muehlenbeck, who spoke well into the evening explaining what he believes are the plan's merits.

The city says it would save more than $400,000 annually with the move – an enticing prospect since Plano faces projected budget deficits. The Boys & Girls Clubs would assume those costs and has pledged to keep service levels the same, if not improve them.

"We are trying our very best to [make this work]," Muehlenbeck said at the forum.

Still, he and his staff were on the defensive for most of the evening. Many in the audience said the change would hasten the center's demise or closure. City officials said that is not in the plan.

"I can assure you there has never been a word said about closing the Douglass center," Mayor Phil Dyer said Wednesday.

More broadly, the forum revived longstanding frustrations among some Douglass residents that the city is unfairly singling out the neighborhood just south of downtown.

For instance, residents said, no plans have emerged to outsource any of Plano's other recreation centers. And they portrayed the Douglass center as a vital community nexus, particularly for children and teenagers who take advantage of its after-school programs. Some of the programs already are run by the Boys & Girls Clubs.

"We are satisfied to the extent that there is dialogue and that we're getting clarity as to what decisions are being made," said T.J. Johnson, a community activist and attorney involved in the Douglass center discussions.

"But there is still some sentiment, a feeling like Douglass is being targeted. We want to expand the pool of options and make sure this budget is not being balanced on the backs of the Douglass community. But the options seems to be singular, which is to hand [the center] off," she said.

Plano officials point out that Douglass is a community center, not a recreation center. As such, it has fewer amenities and programs. And it does not charge member fees, while the other centers do.

The City Council must sign off on any outsourcing agreement. City officials said negotiations are continuing.

Tanya Greene, chief executive officer of the Boys & Girls Clubs of Collin County, said she empathizes with the neighborhood's unease. But she said the concerns are unfounded.

"Unfortunately, any time you talk budget cuts, it's going to become personal for that neighborhood," she said. "Truthfully, I know what the Boys & Girls Clubs is capable of. I know, without a shadow of a doubt, that we can elevate the services and make it stronger than it's ever been."

Link to the article at The Dallas Morning News....

Alcohol all the buzz at Frisco council meeting

By Jan Bellamy, Staff Writer / Frisco Enterprise
Wednesday, February 3, 2010

Tuesday night’s [Frisco] city council meeting offered it all: alcohol, morality play, property rights, and pleas to be heard. It wasn’t a Texas shoot-out, but a gun was mentioned.

The hot topic: Did city council want to hold a public hearing on establishing a process for future alcohol-selling establishments to request waivers or variances from required distances from schools, churches, etc. Distances now vary from 350 to 800 feet, depending on specifics. Texas law allows a city to establish a variance process for future development.

“There are two considerations before you today. No alcohol sales near schools, which is, of course, a laudable goal,” Will Russell told council during the public hearing on whether to have a public hearing.

“But also property owners having a forum for hearing a variance or an exception to an ordinance,” Russell continued. “I think it’s important we have a forum for property owners to come to be heard.”

Ultimately, the council members voted 4-2 for staff to proceed with a public hearing to gauge interest and need for establishing a waiver-request process.

But not before the potential for a variance for alcohol sellers was compared to a five-day waiting period for a gun.

“You load the gun and put it in the drawer, and take it out after the five days,” Councilmember Bob Allen said.

“Now, that’s a cute political trick,” said Councilmember Scott Johnson, “comparing this to a loaded gun.”

Council members Allen and David Prince opposed using the public hearing process. Voting in favor were council members Bart Crowder, Jeff Cheney, Pat Fallon and Scott Johnson.

“The question is, while acknowledging it’s a good thing to have separation as a general rule, does common sense ever say, ‘well, in this case, all parties agree that it may be appropriate to consider a variance’,” Crowder said. “Right now, we don’t have the ability to consider a variance.”

Councilmember Prince said it’s wrong to presume restaurants won’t develop if they can’t or don’t want to sell alcohol.

“I’m not in favor of holding a public hearing on the situation,” Prince said. “I don’t think there should ever be a reason to compromise the distance between alcohol, children and schools.”

The public hearing will be included on a future council meeting agenda. More on the heated exchanges and Mayor Maher Maso's call for decorum can be seen on video at www.friscotexas.com/meetings.

read the rest of the article at The Frisco Enterprise....

Editorial: We recommend Ratliff for SBOE District 9

Tuesday, February 2, 2010
The Dallas Morning News Editorial Board

We recommend Thomas Ratliff over incumbent Don McLeroy in the Republican primary for the State Board of Education's District 9 for several reasons. Most important is the fact that the Mount Pleasant resident could move this board beyond its culture-war conflicts.

Unfortunately, since being appointed as chairman in 2007, the 63-year-old McLeroy has helped lead the board into skirmishes involving evolution, reading standards and social studies content. The panel even got bogged down debating hip-hop versus country music. The rancor grew so routine that the Texas Senate last year refused to confirm the Bryan dentist as chairman.

McLeroy, a board member since 1999, undoubtedly cares about education. But this panel could use Ratliff's more practical approach to keep its work focused on essential issues. He's not an ideological brawler and could develop consensus.

Ratliff has had experience doing just that while serving on boards at his children's public schools in East Texas. And he says he would listen to teachers and superintendents in determining what students should know. Setting standards is a key function of this board, and Ratliff, 42, would be more in touch with educators than McLeroy. While Ratliff shouldn't become their captive, Texans are better served by someone who takes teachers' points of view seriously in crafting curriculum.

We also prefer Ratliff's emphasis on depoliticizing appointments of outside advisers, including those who handle the state's sizable education funds. The board has run into problems in selecting investment advisers.

A lobbyist himself, Ratliff swears he will disassociate himself from decisions that could involve a client. He certainly kept his lobbying business at arm's length from his father, Bill Ratliff, when the Republican served as lieutenant governor in 2001.

The winner of this primary will be unopposed in the November election. Voters in this district, which runs through parts of East Texas and Collin County, would benefit from Ratliff's sensible style and approach.

link to this editorial at The Dallas Morning News.....

In the latest development over the equipping of District Attorney investigators as a "Rapid Response Team" complete with automatic weapons, the DA has notified the courts that until they "revise" their Mission, these "courthouse commandos" will not deploy.

In her memo addressed to the Courthouse Security Committee, DA Chief Investigator Novaline Varner wrote:

"The Collin County District Attorney's Office is in the process of revising our Mission concerning First Responders. Effective immediately the Collin County District Attorney's Office will not deploy a First Responders Team from our Office for any courthouse emergency or security matter. We will advise you when our mission study and any revisions have been completed.

"We will continue to support the Collin County Courthouse Security Committee and of course abide by Art. 2.13 Code of Criminal Procedure, Duties and Powers of a Peace Officer."

The lack of a clearly defined mission and agreements between the DA Team and Bailiffs and other Law enforcement agencies was highlighted by the Commissioners Court in their discussion of the purchase of SWAT Team equipment last month. When asked by commissioners about the apparent lack of procedures, Varner responded ",We are working on an SOP, so everybody will know what they're doing. but all of that takes time. While we're wasting time getting through the red tape, we're still training. I don't want us to come across that we're some kind of "Three Stooges" type [operation]."

It is not known if the District Attorney will proceed with the purchase of $25,306.46 in SWAT Team guns and equipment utilizing his Drug Forfeiture Fund.

Bill

Area cities spending millions on IT projects

Sunday, January 31, 2010
By IAN McCANN / The Dallas Morning News

Even as the ongoing recession squeezes municipal budgets, several cities in North Texas are spending millions on major technology projects.

Frisco, Irving, McKinney, Plano and Richardson are replacing police and fire radio systems, to the tune of $8 million to $25 million apiece.

For most, the technology spending is an absolute need. Mowing schedules can be cut, and staff hires can be frozen, but police officers, firefighters and dispatchers must be able to communicate.

"We can't lose dial tone. We can't lose data," said Steve Graves, Richardson's chief technology officer. "The radio system, that's a crucial part of doing business."

Cities usually try to space out major projects so large expenditures can be spread out over time. But Richardson and Irving are planning to install several new technology systems at once.

Graves said some of his city's project was delayed, including buying $376,000 in new hardware and software for a public safety dispatch and records management system.

"Last year, we were ready to pull the trigger on it," Graves said. "But with a new chief coming in, we wanted to give him input. We don't want to say, 'Here's the system we're giving you. Work your needs around it.' "

At the same time, during a change to the city's radio frequency, the city found that its 18-year-old communications system was in dire need of replacement. That work will cost up to $10 million. Replacing an 11-year-old phone and data network will cost about $1.7 million.

Irving's two-year, $25 million project involves replacing its 13-year-old radio system, retrofitting the city with a fiber optics network and adding a wireless network.

Shane Burton, who oversees Irving's IT infrastructure, said the wireless network will cover the entire city but will not be available to the public. Instead, it will be reserved for water meter reading and other city uses.

Like Irving and Richardson, cities that hit their growth stride years ago, Plano also needs to replace an aging radio system. Bruce Glasscock, a Plano deputy city manager, said Motorola no longer supports his city's 15-year-old system.

Plano's situation is compounded in that growing areas including Frisco, Wylie and Murphy also use its radio system. Frisco in coming months will start using its own system, further changing the area Plano's radios must cover. Plano and its partners will spend about $25 million on the new system.

"It's a major project," Glasscock said. "We've been working with council the last three to five budget years, so we've been ready for it."

On the other end of the spectrum from the landlocked inner-ring cities are Frisco and McKinney?.

"Our system was designed for a 1999 city of McKinney," McKinney Assistant Police Chief Rex Redden said. "In some areas, our officers can't get a signal. Our department has tripled in size, and our land mass has pretty much quadrupled."

McKinney's $8.3 million radio system purchase comes on the heels of a $2 million public safety software and hardware replacement last year.

Scale can magnify even seemingly small purchases. Garland is proposing to spend about $2 million to replace video units in each of its 200 patrol cars.

The department is moving from VHS systems to digital recorders, equipment that Officer Joe Harn, a police spokesman, said hadn't been perfected when Garland first installed recorders in 2005.

A key for all the cities is to use advanced equipment but not to get too far ahead of the curve, especially on critical infrastructure like police and fire radios. Buy equipment that's too advanced, and it may still have bugs to work out. Technology that's too old has a shorter life cycle. So IT directors make purchasing decisions carefully.

read the rest of the article at The Dallas Morning News....

Experian to expand Allen operation, add 300 people

Tuesday, February 2, 2010
By STEVE BROWN / The Dallas Morning News

International credit information firm Experian plans to increase the size of its Allen operation by almost a third.

Experian inked a deal with the city of Allen to expand its operations by 300 people in exchange for increased economic incentives, the Allen Economic Development Corp. said Monday.

Experian plans "additional business operations" at its 300,000-square-foot complex in Allen's Enterprise Business Park. About 600 Experian workers are housed in the facility, east of U.S. Highway 75.

Experian has had operations in Allen since 1993 and is the Collin County city's largest employer. The company has facilities in Allen for several business groups, including its National Consumer Assistance Center and its Decision Analytics, Information Technology and Public Education groups.

"In 2008, we reached an agreement for them to renew their lease for 10 years," said Robert R. Winningham, Allen Economic Development CEO. "Then last summer, they approached us and said they had done an analysis and liked Allen and wanted to sit down and talk with us again."

The new agreement calls for Allen to provide funds to remodel and build new offices in the Enterprise Business Park building that Experian will use.

"We like to put our funds toward infrastructure," Winningham said. "If they don't do anything, they don't get anything."

Winningham said the value of the incentive depends on how much growth the company has. It could be as much as $1.5 million paid over 10 years. But to receive all the incentive funds for the building renovation, Experian would have to invest $30 million.

read the rest of the article at The Dallas Morning News....

One of the oddest bits of the Texas Constitution requires the election of a District Clerk. The District Clerk serves as clerk to all the 9 District Courts in Collin County. It also runs a passport office on Park Ln. in Plano.

When veteran District clerk Hannah Kunkle announced that she would not seek re-election, three Republican ladies filed to secure the GOP nomination to replace her.

Why it is an elective office is beyond me. The District Clerk does not make policy or make decisions that affect taxes or the lives of ordinary citizens. The District Judges and attorney's who use the clerk's office daily are interested in the outcome of this race, they want a friendly, efficient clerk's office. Other than them and the candidates' family and friends ( and a few party stalwarts), I know of no one who really has an opinion. So here is your chance to listen to and decide who you think will lead an efficient clerk's office.

Bill

Here are their opening remarks before the Collin County Conservative Club:

Patricia Crigger

Terrye Evans

Alma Hays

When Judge Curt Henderson announced his retirement, a three person race to replace him on the 219th District Court was underway. The 219th is a court of general jurisdiction, meaning it handles felony criminal trials as well as family law and civil cases.

The three candidates or the Republican nomination appeared at a forum held last night and sponsored by the Collin County Conservative Club. Here are their opening statements.

Bill

Scott Becker

Wendy McMillon

Angela Tucker

The Collin County Observer believes that the District Attorney's race is one of the most important election contests in recent county history.

I have tried on several occasions to record speeches by the three Republican candidates, but unfortunately I have not been able to get a good recording because these guys wander all over the stage and auditorium - delivering their talks "on the hoof". It's impossible to film them with a hand-held camera.

I am grateful to the Collin County Conservative Republican Club who super glued these gentlemen's shoes to the floor long enough for me to record their opening remarks. I hope you find the effort worthwhile and are able to learn something about these contenders who want to be your next District Attorney.

Bill

Jimmy Angelino

Jeff Bray

Greg Willis

JAMES "JIMMY" ANGELINO

www.angelino4da.com

Contributions July - Dec. $18,690
Expenditures July - Dec. $7,429
Campaign account balance Dec. 31 - $10,421
Loans - $5,000

Major contributors (+- $1,000):
Timothy Powers - $5,000
Frank Perez - $1,000
Mike Pinchinson - $1,000
Dallas Police Assoc. PAC - $1,500

K. JEFFERSON "JEFF" BRAY

http://www.brayforda.com/

Contributions July - Dec. $15,011
Expenditures July - Dec. $20,779
Campaign account balance Dec. 31 - $6,011
Loans - $46,000

Major contributors (+- $1,000):
William Bray - $6,000 (in-kind)
Clark Kennington - $3,000
Clark Kennington - $2,000 (pledged)
Harold Simmons - $1,000
Michelle Buckolow - $3,000 (in-kind)
Jeff Bray - $20,780

RAPHAEL DE LA GARZA

www.delagarzaforda.com/

Contributions July - Dec. $6,325
Expenditures July - Dec. $4,893
Campaign account balance Dec. 31 - $6,325
Loans - $

Major contributors (+- $1,000):
Bernardo De La Garza - $1,000
Gloria Trevino - $2,500

GREG WILLIS

www.gregwillis.org

Contributions July - Dec. $61,618
Expenditures July - Dec. $30,108
Campaign account balance Dec. 31 - $33,837
Loans - $

Major contributors (+- $1,000):
ABC Pediatrics McKinney PA - $1,000
Barbieri, Heather - $1,000
Barrett, Peter - $2,500
Baxter, Sam - $3,000
Burnham, Jim - $1,000
Crowder, Darlina - $1,000
Dean, Shan - $2,500
Finkelstein, Jeff - $1,500 (in-kind)
Franklin, Richard - $1,000
Gomez, David - $1,000
Herblin, Dana - $1,000
Howard Shapiro Attorney-at-Law PC - $1,250
Key, Paul - $1,000
Martin, EX III - $2,500
May, Jennie - $5,000
McCall, David III - $1,000
McKool, Mike Jr, - $2,000
Mitchell, Tandy - $1,000
Parker, George - $2,500
Renfro, John - $9,000
Waddill Skinner LLP - $1,000
Warmbrodt, Michelle - $2,500

Bill

As a service to the Collin County voters, the Collin County Observer has posted a link to all county filed campaign finance reports beginning with the January 2010 Semi-annual Report.

In Texas candidates file two different types of reports. The Campaign Finance Report (form C/OH) lists campaign contributions, expenditures and loans. Candidates are required to file this report several times during the election season. All Texas candidates and Office holders are also required to file a Personal Financial Statement (form PFS) annually. The PFS lists the assets, holdings, liabilities and debt of the filer and spouse.

The January C/OH report covers contributions and expenditures from July 31, 2009 to December 31, 2010.

There are four kind of campaign finance filers. Only"County filers form C/OH are posted by the Observer:

1. Federal - Officeholders and candidates for Congress and the Presidency file with the Federal Elections Commission. The reports are publicly available through an on-line database here.

2. State - Texas state filers include candidates for Governor, Texas State offices, Legislator, State Senate, all Appeals Courts, District Judge, and County Party Chair. These office holders and candidates file with the Texas Ethics Commission. The reports are publicly available through an on-line database here.

3. County - County officials and candidates file with the Collin County Elections Department. County filers include, County Judge, County Commissioner, District Clerk, District Attorney, County Court at Law justices, Justices of the Peace and constables.

   The Collin County elections Department has told the Observer that it is their goal to post all campaign finance reports on-line, but they do not have a real time frame approved to do so. It is these local county reports that the Collin County Observer has posted.

4. Local - Office holders and candidates for local offices file with their respective local authority. School Board candidates file with their ISD, City Council candidates file with their city, etc. Most local filings, except in large cities, are not on-line and can only be obtained by request from the filing authority.

Personal Financial Statements for State filers are kept at the Texas Ethics Commission, but are not on-line. They can only be accessed by requesting them with an Open Records request. A copy fee is assessed for each request.

County PFS reports are kept by the Collin County Clerk, and are available by request in a personal appearance. The Observer will be requesting all local form PFS and will make them available on-line.

While campaign finance reports are kept for several years, Personal Financial Statements are destroyed annually.

The Observer tips its hat to and thanks Sharon Rowe, the Collin County Elections Administrator, and Elections Department staffer Sandy Braswell for their cooperation and assistance in helping gather all the reports as electronic files.

Bill

JAY BENDER

www.benderforjudge.com

Contributions July - Dec. $3,900
Expenditures July - Dec. $2,340
Campaign account balance Dec. 31 - $2,763
Loans - $500

Major contributors (+- $1,000):
none

TERRI GREEN

www.terrigreenforjudge.com

Contributions July - Dec. $12,509
Expenditures July - Dec. $8,179
Campaign account balance Dec. 31 - $4,934
Loans - $0

Major contributors (+- $1,000):
James W. McCartney? - $2,000
John Hinson - $1,479 (in-kind)
Terri Green - $2,065

DON H. HIGH

www.donhigh.com

Contributions July - Dec. $9,600
Expenditures July - Dec. $7,116
Campaign account balance Dec. 31 - $9,725
Loans - $0

Major contributors (+- $1,000):
Anderson, Amy - $1,000
Kramer, Charles and Britt - $1,000
Mathis, Joel and Ellen - $1,000
Don H. High - $4,452

SHAWN ISMAIL

www.ismailforjudge.com

Contributions July - Dec. $6,411
Expenditures July - Dec. $3,849
Campaign account balance Dec. 31 - $2,562
Loans - $0

Major contributors (+- $1,000):
Salim Kassan - $1,000

Bill

The Court at Law #6 bench became vacant when Judge Greg Willis stepped down to pursue a run for Collin County District Attorney. There are 4 candidates who have filed for the Republican Primary to replace Judge Willis.

JAY BENDER

TERRI GREEN

DON H. HIGH

SHAWN ISMAIL

Bill

CHRYSTI BRYANT

www.chrystibryantforjudge.com

Contributions July - Dec. $1,340
Expenditures July - Dec. $3,036
Campaign account balance Dec. 31 - $969
Loans - $50

Major contributors (+- $1,000):
none

LINDA WYNN DRAIN

www.lindawynndrainforjudge.com

Contributions July - Dec. $7,597
Expenditures July - Dec. $10,040
Campaign account balance Dec. 31 - $0
Loans - $1,621

Major contributors (+- $1,000):
Susan Plonka - $1,250 (in-kind)
Linda Drain - $1,450 (loan)

MATTHEW GOELLER

www.mattforjudge.com

Contributions July - Dec. $4,200
Expenditures July - Dec. $4,973
Campaign account balance Dec. 31 - $2,992
Loans - $0

Major contributors (+- $1,000):
Michael Curran - $1,000
Wynn Dillard - $1,000
Matthew Goeller - $4,972

DAVID RIPPEL

www.rippelforjudge.com

Contributions July - Dec. $3,050
Expenditures July - Dec. $7,551
Campaign account balance Dec. 31 - $0
Loans - $0

Major contributors (+- $1,000):
Dr. James Rippel - $2,500
Gail A Rippel - $2,500
David Rippel - $4,051

Bill

The elected Judge of the Court at Law #4, Ray Wheless was appointed to the 366th District Court by Governor Perry, leaving an open bench. A 4 way race has ensued for the Republican nomination.

CHRYSTI BRYANT

LINDA WYNN DRAIN

MATTHEW GOELLER

DAVID RIPPEL

Bill

The final election results are in, and Plano voters will have to return to the polls to decide who will sit on the Place 3 City Council seat.

With 100% of the precincts reporting, Andre Davidson is leading, but fell 261 votes short of the 2,080 votes needed for a majority win.

The results are:

Andre Davidson 1819 (43.74%)
Cathy Fang 1517 (36.48%)
Doug Shockey 823 (19.79%)

This special election, called after Mabrie Jackson resigned her council seat to seek the nomination for State Legislature, failed to excite the vast majority of Plano's voters. Turnout was very low, with only 2.9% of the registered voters casting a ballot.

The run-of will be held on March 20.

Bill

LANCE S. BAXTER

www.baxterforjudge.com

Contributions July - Dec. $15,199
Expenditures July - Dec. $10,600
Campaign account balance Dec. 31 - $8,065
Loans - $0

Major contributors (+- $1,000):
Baxter, Dorothy - $2,500
Curran, Michael - $1,000
Dillard, Wynn - $1,000
Gibbs, Gregg - $2,500
Rich, Jack - $2,500

STEWART MATTHEWS

www.stewartmatthewsforjudge.com

Contributions July - Dec. $0
Expenditures July - Dec. $7,403
Campaign account balance Dec. 31 - $0
Loans - $10,000

Major contributors (+- $1,000):
Stewart Matthews - $10,000 (loan)

BARNETT WALKER

www.walkerforjudge.com

Contributions July - Dec. $12,300
Expenditures July - Dec. $0
Campaign account balance Dec. 31 - $12,268
Loans - $0

Major contributors (+- $1,000):
Troy Burleson - $2,500
Hunter Biederman - $1,500
Kyle Shaw - $1,000
Roger & Judy Jahnel - $1,000
John & Joyce Webb - $1,000
Sharon Curtis - $2,000
Tyler Stewart - $1,200 (in-kind)
Barnett Walker - $7,437

SAJEEL KHALEEL

www.khaleelforjudge.com/

Contributions July - Dec. $169
Expenditures July - Dec. $0
Campaign account balance Dec. 31 - $863
Loans - $0

Major contributors (+- $1,000):
none

Bill

Judge John Barry, who presides over Collin County Court at Law #3, has announced that he will not seek re-election. This soon to be open bench has sparked a 3 way race in the Republican Primary. Here are the candidates opening remarks at the judicial forum held on January 26:

LANCE S. BAXTER

STEWART MATTHEWS

BARNETT WALKER

Bill

7:05 PM

The polls are closed.

Early voting totals are in:

Andre Davidson 1097 (43.12%)
Cathy Fang 947 (37.22%)
Doug Shockey 500 (19.65%)

Bill

UPDATE 8:45 PM

There will be a run-off.

With 63% of the precincts reporting:

Andre Davidson 1496 (43.67%)
Cathy Fang 1246 (36.37%)
Doug Shockey 684 (19.96%)

The Collin County Commissioners have been informed that the Texas Commission on Environmental Quality (TCEQ) assessed a $3,675 for violations found at the county's fuel depot. The violations of the Texas Clean Water Act did not allow fuel to escape.

The fuel depot is at the county's Service center on Wilmeth Rd. in McKinney.

In a letter to the county, the TCEQ proposed to cut the fine to $2,940 in return for prompt remediation of the violations. The TCEQ also is allowing the county to pay part of the fine with a type of community service called a "Supplemental Environmental Project" (SEP). By the terms of the proposed SEP, the county would trade cleanup of an illegal dump site on Lake Lavon for all or part of the fine.

According to a memo sent to the court by the county's Public Works Director, Jon Kleinheksel, all violations at the service center's fueling operation have been corrected to the satisfaction of the TCEQ. Mr. Kleinheksel listed the violations as, "Unsuccessful completion of a monthly leak test, spill containment device had a crack in the plastic, and a shear valve was loose at the base of a dispenser." Kleinheksel noted in his letter that, "The four-hour leak test was stopped to accommodate an employee that was in need of fuel, causing the test to end early."

The commissioners' court is expected to approve the SEP and settlement at its meeting on Monday morning.

Bill

Yes folks, it's an election year. That means it is time for the Collin County Commissioners' Court to hold its bi-annual "we're going to do something about illegal immigration" meeting.

On Monday's agenda is a discussion requested by Commissioner Jerry ("When are we going to have to hire A-rabs? When are we going to have to hire Indians, and everything else?") Hoagland to require the county's vendors to use the Federal government's E-Verify system to check out the immigration status of all their workers.

The E-Verify system looks up social security numbers to see if they are valid. It really works great. If you don't believe it, ask Swift. They used E-Verify, and then when in a single day immigration police busted 1,200 Swift workers with false ID's, Swift got off with a slap on the wrist. In 2008 Howard Industries lost almost 700 illegal workers in a raid by ICE, once again, the company's use of E-Verify protected it from federal prosecution.

E-Verify, which checks information from I-9 forms against Department of Homeland Security and Social Security Administration databases, cannot tell if a worker is submitting a stolen Social Security number. Critics of the system claim it actually encourages identity theft. But it will protect an employer, if not from ICE raids, at least from prosecution.

Presently, four states require contractors to use E-Verify. It doesn't work, but the federal government is pushing the system on its contractors too.

No, it doesn't work, but it allows politicians, like our county commissioners, to tell the voters that Washington may not be doing anything about illegal immigration, but here in Collin County, we are. Yup.

Bill

Saturday is election day in a special election to fill the vacancy in the Plano City Council caused by the resignation of Mabrie Jackson.

There are 3 candidates for the Place 3 seat. Election watchers tell the Observer that a run-off is very possible, even likely.

On election day, voters must vote in the neighborhood polling location for their precinct. Your precinct number is on your Voter Registration Certificate, or you can call the elections office at 972-547-1990 to find their correct polling place. Additional voter information can be found at the Collin County Elections Office web site.

VOTING LOCATIONS

Precincts: 52, 61, 68, 103, 141 - Armstrong Middle School, 3805 Timberline Drive, Plano
Precincts: 34, 107, 119, 121, 135, 139 - Bethany Elementary School, 2418 Micarta Drive, Plano
Precincts: 23, 46, 47, 50, 51, 152, 158 - Bowman Middle School, 2501 Jupiter Road, Plano
Precincts: 90, 116, 137, 176 - Brinker Elementary School, 3800 John Clark Parkway, Plano
Precincts: 21, 54, 62, 66 - Carpenter Middle School, 1501 Cross Bend Road, Plano
Precincts: 109, 123 and Denton County 226 - Christopher A. Parr Library, 6200 Windhaven Parkway, Plano
Precincts: 15, 19, 53, 65, 70, 71 - Haggard Middle School, 2401 Westside Drive, Plano
Precincts: 58, 77, 91 - Hendrick Middle School, 7400 Red River Drive, Plano
Precincts: 31, 32, 63, 76 - Hughston Elementary School, 2601 Cross Bend Road, Plano
Precincts: 14, 81, 86, 89, 108, 112, 124, 167 - Robinson Middle School, 6701 Preston Meadow Drive, Plano
Precincts: 64, 69 - Schimelpfenig Middle School, 2400 Maumelle Drive, Plano
Precincts: 28, 75, 105, 143 - Shepton High School, 5505 Plano Pkwy., Plano
Precincts: 39, 85 - Thomas Elementary School, 6537 Blue Ridge Trail, Plano
Precincts: 26, 49, 67, 72, 138 - Wilson Middle School, 1001 Custer Road, Plano

THE CANDIDATES:

André Davidson
Age: 64
Occupation: Volunteer
Family: Husband and two adult children
Education: Bachelor of arts degree in general studies, University of Texas at Dallas; attended University of Southwestern Louisiana
Community highlights: Served numerous local volunteer groups ranging from Meals on Wheels to the Plano ISD Education Foundation; named Chamber of Commerce's Citizen of the Year in 2005
Campaign Website
Collin County Observer coverage

Kathy Fang
Age: 63
Occupation: Accountant
Family: Single
Education: Master's degree in business administration, University of North Texas; bachelor's degree in business administration, Soochow University in Taiwan
Community highlights: Leadership Plano graduate; founder of a local group for Chinese-American businesswomen
Campaign Website
Collin County Observer coverage

Doug Shockey
Age: 42
Occupation: Real estate investor
Family: Wife and two children
Education: Bachelor's degree in business administration and master's degree in taxation, Baylor University
Community highlights: Real estate consultant
Campaign Website
Collin County Observer coverage

biographical details from the Plano Blog, Dallas Morning News

Bill

The recent legal opinion supporting the Collin County District Attorney's plans to use $25,000 of his Drug Forfeiture Fund to purchase automatic weapons and SWAT team equipment for his Court House Security Team has focused new attention on funds over which some elected officials have exclusive control.

Sometimes derisively called "Slush Funds", these restricted accounts are created by state and federal law.

While state law and the Texas Constitution give the county commissioners' court the power of the purse over elected department heads such as the District Attorney or Sheriff, the monies in these accounts are under the control of a specific elected official and not the commissioners court.

Responding to an Open Record request, the County Auditor provided The Collin County Observer with a list of 6 funds whose current balances total over $1.9 million.

The largest, at $943,000 is the Sheriff's SCAAP fund. SCAAP is a Federal program to reimburse local law enforcement agencies for costs incurred in incarcerating illegal aliens. SCAAP funds may only be used for jail and jailer expenses.

The forfeiture funds are authorized by State Law. They come from the sale of seized contraband and and items used "in the commission of a crime". The money may only be spent to further the legitimate operations of the agency.

The District Attorney has used his forfeiture funds to supplement salaries and offset the loss of benefits in his department, to buy new furniture, and now to purchase weapons and gear for his "courthouse commandos".

LEOSE Funds are State dollars given to local agencies for the training of peace officers. In 2000, the Texas Attorney General issued an opinion that LEOSE grants could not be put into the general revenue funds, but reserved solely for police training activities.

The county commissioners, who are used to setting budgets and approving spending, sometimes chafe at their inability to control the spending of these restricted funds. On at least one occasion, for example, the District Attorney John Roach has reminded the commissioners that any attempt by them to offset his staff salary supplements with a lower budget appropriation would be a violation of state law.

Bill

Candidates spar over conservative credentials in Collin County judge race

Thursday, January 28, 2010
By ED HOUSEWRIGHT / The Dallas Morning News

John Muns is running for the top office in Collin County government, so don't call him a moderate.

"I am a conservative Republican," Muns said at a candidate forum Thursday. "I've always been a conservative Republican. I believe in low taxes, fiscal responsibility, transparency and limited government."

Muns is trying to unseat Collin County Judge Keith Self, who says he's the real conservative in the March 2 Republican primary.

"There's a stark difference," Self said at the forum, sponsored by several local Tea Party chapters.

Self and Muns, political veterans with die-hard supporters, are each trying to win over party loyalists by touting their conservative credentials.

Self, a retired Army officer who is seeking a second term, said he's shown he's a fiscal conservative by helping to lower the county tax rate and slow the growth of county spending.

"Four years ago, I said I would stand with the taxpayers, and I did," said Self, who as county judge heads the Commissioners Court that approves the county budget and tax rate.

Muns, who has served on the Plano school board for 17 years, counters that the county budget has "been cut to the bone."

He said spending has been slowed at the expense of adding courts and sheriff's deputies, which he said are desperately needed.

"We must be proactive in keeping up with resources for law enforcement and the courts to keep our neighborhoods safe," Muns said.

The winner faces Democrat David Smith in the November general election. But a Democrat hasn't held Collin County office in more than 20 years, so the stakes are elevated in the March primary.

Both of the Republican candidates have lined up heavyweight endorsements. Self is being backed by local state Reps. Jodie Laubenberg, Jerry Madden and Ken Paxton. He also has the endorsement of the Collin County Association of Realtors.

Muns, by comparison, has been endorsed by the Real Estate Council, which represents Dallas-area commercial real estate companies. He also is supported by former Collin County Commissioner Phyllis Cole and former Plano Mayor Pat Evans.

Ties to Plano

Muns, a real estate developer, has strong ties to Plano. He graduated from Plano Senior High School in 1978 and has served on the Plano Economic Development Board and the Plano Symphony Orchestra board.

Muns' father, James Muns, was Plano mayor from 1992 to 1996. His mother, Betty Muns, serves on the Arts of Collin County Commission.

Muns said he would work more closely with local mayors. Some were angered by Self's opposition to a 2007 county bond proposal that included money for city projects, he said. Voters overwhelmingly approved the $328.9 million bond program.

"We must be better partners with city, regional and state leaders," Muns said.

He said the county should work with cities to attract businesses to the area.

"We have to be proactive and give businesses incentives to come to Collin County," Muns said.

Self, however, said keeping the county tax rate low is the best way to draw and keep businesses.

"It's been proven again and again and again that business goes where it is welcome and stays where it is welcome," he said.

Self lives in McKinney. He moved to the county in 2000 after retiring from a 25-year career in the Army. He's a graduate of the United States Military Academy and was a Green Beret and a Ranger.

He serves on the boards of the Samaritan Inn homeless shelter and the Prestonwood Pregnancy Center.

read the rest of the article at The Dallas Morning News....

The opening remarks of incumbent County Judge Keith Self and his challenger, John Muns at the candidates' forum held on January 27 in Plano.

County Judge Keith Self

Plano ISD Trustee John Muns

Bill

KEITH SELF

www.keithself.com

Contributions July - Dec. $32,205
Expenditures July - Dec. $31,698
Campaign account balance Dec. 31 - $50,080
Loans - $0

Major contributors (+- $1,000):
William Mills - $1,000
TREPAC - $1,500
T.N. / N.K. Chalin - $1,000
James / Jennie Daley - $2,500
William / Catherine Hogsett - $1,000
Patrick Fallon - $4,300 (in-kind)
Patrick Fallon - $1,250 (pledge)
Tye Williams - $1,000 (pledge)

JOHN MUNS

www.johnmuns.org

Contributions July - Dec. - $45,175
Expenditures July - Dec. - $14,998
Campaign account balance Dec. 31 - $58,086
Loans - $30,000

Major contributors (+- $1,000):
Greg Samuel - $1,000
C. Michael Brodie - $1,000
Alpha-Barnes Real Estate Services - $1,000
Walter O. Hill - $1,000
Dr. Ritchie. D. Beougher - $1,000
Beverly D. Lancaster - $1,000
Ronald J. Pegram - $1,000
C. Schenkel - $1,000
William J. Hibbitt - $1,000
James D. Shelton - $1,500
Richard M. Abernathy - $1,000
David M. Doll - $1,000
Robert E. Beaudine - $1,000
Mark Cashman - $5,000
D. Michelle Brennan Hall - $1,000
Ben~am~n J. Biller - $1,000
Leslie M. Duke - $1,000
Marilyn James - $1,000
George & Wanda Farr - $1,000
Jim & Deanne May - $1,000
Michael & Marla Boone - $1,000

DAVID M SMITH

www.DMS4CollinCounty.com

Contributions July - Dec. $1,449
Expenditures July - Dec. $289
Campaign account balance Dec. 31 - $1,160
Loans - $0

Major contributors (+- $1,000):
none

Bill

JERRY LEWIS

www.judgejerrylewis.com

Contributions July - Dec. $24,748
Expenditures July - Dec. $4,379
Campaign account balance Dec. 31 - $20,369
Loans - $1,591

Major contributors (+- $1,000):
Hunter Biederman - $1,250
Sharon Curtis - $1,500
John V. Lattimore, Jr. - $1,500
Luce Nordhaus & Walpole, P.L.L.C. - $1,500
John L. McCraw III - $2,500
Troy Burleson - $1,250 (pledge)
Darlina Crowder - $2,500 (pledge)
Howard Shapiro - $1,500 (pledge)

SHARON RAMAGE

www.ramageforjudge.com

Contributions July - Dec. $3,397
Expenditures July - Dec. $9,438
Campaign account balance Dec. 31 - $0
Loans - $9,500

Major contributors (+- $1,000):
None

Bill

MIKE YARBROUGH

www.judgemikeyarbrough.com

Contributions July - Dec. $1,250
Expenditures July - Dec. $1,000
Campaign account balance Dec. 31 - $1,632
Loans - $0

Major contributors (+- $1,000):
None

KELLEY ADLEY

www.kelleyadley.com

Contributions July - Dec. $4,625
Expenditures July - Dec. $2,787
Campaign account balance Dec. 31 - $1,838
Loans - $0

Major contributors (+- $1,000):
Jane Willard - $1,000

DOUG REEVES

www.dougreevesforjp.com

Contributions July - Dec. $365
Expenditures July - Dec. $1,000
Campaign account balance Dec. 31 - none reported
Loans - $1,000

Major contributors (+- $1,000):
none

There are 2 candidates vying to unseat incumbent Mike Yarbrough in Frisco and North and West Plano's JP Precinct 4.

Here are all three candidates' opening statements at the Collin County Republican Men's Club / North Collin County Republican Women's Club Judicial Candidate Forum held yesterday at the Collin College, McKinney? Campus.

Hon. Mike Yarbrough

Kelley Adley

Doug Reeves

Bill

Sharon Ramage entered the Republican Primary to challenge Judge Jerry Lewis for the bench on the County Court at Law #2.

Here are both candidates opening statements at the Collin County Republican Men's Club / North Collin County Republican women's Club Judicial Candidate Forum held yesterday at the Collin College, McKinney Campus.

Hon. Jerry Lewis

Sharon Ramage

Bill

After the Republican judicial debate this evening, I had an opportunity to sit down with Judge John Roach of the 296th District Court. Judge Roach is being challenged by Keith Gore in the Republican primary.

Bill

Overruling an objection filed by the State's Attorney General, 416th District Court Judge Chris Oldner has released a copy of the Grand Jury report on the Greg Willis investigation by the Collin County District Attorney and the Texas Attorney General.

Last week The Observer wrote to Judge Oldner asking for a copy of the report, but the Attorney General objected, claiming that the report was a proceeding of the Grand Jury, and therefore secret.

In an email to the Collin County Observer, Judge Oldner wrote:

The Court OVERRULES the objection.
The requested report is attached to this e-mail.

Judge Chris Oldner

The Grand Jury's report is short and to the point. In 4 terse sentences it cleared Judge Greg Willis of any criminal wrongdoing.

Addressed to Judge Oldner on January 6, 2010, the report reads:

Re: Investigation of the Collin County Court at Law #6

We the undersigned members of the Grand Jury, having heard all the evidence presented in the investigation mentioned above, over a period of several weeks, have concluded:

1. No activity occurred in County Court at Law #6 that could in any way be construed as rising to the level of a felony.

2. No activity occurred in County Court at Law #6 that could in any way be construed as rising to the level of a misdemeanor.

3. While Judge Greg Willis may have run his court in a manner that is different than another judge may run theirs, that is not a crime and should not be viewed as one.

With this report the Grand Jury ends months of uncertainty regarding the political future of Judge Willis, who resigned his position as Judge of the Court at Law #6 to begin a run for the Republican nomination for District Attorney.

But the report will not end the speculation about why there was an investigation in the first place. Many have called the simultaneous Grand Jury investigations of Judge Willis and Judge Suzanne Wooten "political witch hunts" by District Attorney John Roach. We may never know the truth.

What we do know is that neither Judge Willis or Wooten was indicted. We know that one Assistant District Attorney was fired, and we know that the Texas Attorney General became involved with the Grand Jury after the District Attorney's office either recused itself or was forced to recuse itself.

As to the exact nature of the charges, or who was called to testify -- these facts are protected by Texas Law which, in order to protect the innocent, requires that all Grand Jury proceedings be held in secret.

Bill

====================

Notes:

The Grand Jury Report, Re:Investigation of the Collin County Court at Law #6

Attorney General objects to Observer's request for Willis Grand Jury Report, CCO, Jan. 25, 2010

Two local judges targets of grand jury investigations, CCO, November 19, 2009

DART considers letting more cities aboard at lower cost

Sunday, January 24, 2010
By MICHAEL A. LINDENBERGER / The Dallas Morning News

Dallas Area Rapid Transit is considering ways to bring new cities aboard without requiring them to pay a full cent of sales tax, which has been a core membership requirement since the agency's founding more than a quarter-century ago.

That full-penny requirement, which in recent years has meant more than $200 million a year in sales tax contributions from Dallas alone, has been the biggest obstacle to the agency's growth. One fast-growing suburb after another has chosen to stay out of DART rather than surrender all of its discretionary sales tax revenue to pay for bus and rail service.

DART president Gary Thomas said preliminary discussions have begun among his board members and leaders in cities that border the agency's 13 member cities.

"When we started DART in 1983, it didn't make sense for some of these outlying cities to be part of a regional system," Thomas said. "The revenues in those cities were not sufficient, and neither was the likely ridership. But here as we find ourselves with a lot of first-ring suburbs as part of the agency ... and we have gone way beyond that."

He and DART board members said they would like to persuade some new cities to join, though they said it will take a patient strategy.

The first efforts probably will be to persuade cities to simply contract for specified services – probably limited bus service, Thomas said, adding that doing so would require changes to DART rules.

"Right now, our board policy says I can only contract for commuter [rail] service," he said. "But some communities have approached us about contracting for bus service, so we have begun those conversations at the board to talk about a policy change.

"In other words, if a city wants to have us run three routes in the morning and three in the evening, then we'd send those buses – probably bringing the passengers to downtown Dallas or another central location – and send the city a bill, and they would send us a check."

That's a far cry from ushering in new cities as full members of DART, but, Thomas said, it's an important first step. All the cities that border DART cities have obligated their sales tax revenue for other purposes, and it will take several years for most of them to be in a position to even consider dedicating any of that money to DART.

"These cities would begin to carve out room in their budgets" so that a discussion about becoming a member – whether at a full penny or, if DART changes its rules, at a reduced rate – would be a less drastic step, Thomas said.

Finding new members – even if in a reduced capacity – would help DART in two big ways.

First, the new members would provide badly needed growth for an agency that hasn't expanded its revenue base since shortly after its founding.

The last city to join DART, by a local referendum in 1985, was Buckingham, a city later annexed by Richardson. There have been no attempts by any of its neighbors to join since then. Meanwhile, only two cities have dropped out – Coppell and Flower Mound, both in 1989.

Second, new members, even junior ones, could help ease frustration among some member cities confronted with sagging sales tax receipts.

One founding member, Plano, has already asked DART to prepare a summary of what would be required should it decide to quit, Thomas and officials in Plano said.

"We are working on that now," Thomas said, adding that staff is determining how many years Plano would have to dedicate sales taxes to DART following a withdrawal. "It wouldn't be for just a year or two. If a city were to have a [successful] pullout election, the service would stop the next day, but the financial obligations for that city may not stop that day."

The soonest Plano could hold such an election would be 2014, though officials there said no serious discussion of calling an election has begun.

Still, Thomas said DART takes any such request seriously. "It doesn't come up often, but occasionally it has ... They begin to say, 'Gosh, is there a better way to spend our money?' "

Not surprisingly, for Thomas the answer is no.

But he said complaints from Plano, which has two busy light rail stations plus extensive bus routes, reflect growing pressures among older suburbs as they weather an economic downturn while their neighbors use their sales taxes to promote economic development.

"Certainly in these tough economic times, cities are looking for ways to look for relief in their financial system," he said.

He said DART has begun studying ways to increase service to Plano, with a special focus on how to ramp up services for elderly citizens.

Meanwhile, Mayor Phil Dyer of Plano said there has been no serious talk of withdrawing from DART, despite occasional criticism. But he said it's easy to lament the flow of more than $55 million in annual sales taxes out of the city.

"If we had this election again, and had the option of using the penny for economic development, I am not sure how it would come out this time, either here in Plano or in any of the DART cities," Dyer said.

Rick Stopher, mayor pro tem in Irving, said his city is thrilled to finally be able to welcome rail service to town as the Orange Line opens in phases beginning next year.

"We're had our difficulties with DART, but right now we're like a kid with a shiny new toy; we can't wait for it to get here," he said. "But we have these conversations all the time, questions about whether DART has been a good investment."

read the rest of the article, including a listing of member city contributions at The Dallas Morning News....

Free H1N1 shots are being offered at Plano clinic

The Collin County Adult Clinic in Plano is offering free H1N1 shots to anyone 6 months or older. There are no residency or income restrictions.

The vaccinations are being offered in cooperation with the Collin County Health Department through at least the end of February.

Collin County Adult Clinic is at 2520 Ave. K, at the northeast corner of Avenue K and Park Boulevard.

Vaccination times are:
• Monday and Wednesday, 4 to 7:30 p.m.
• Saturday, 9 a.m. to 4:30 p.m.
• Feb. 1, 3, 8, 10, 15 and 17, 4 to 7:30 p.m.
• Feb. 6, 13 and 20, 9 a.m. to 4:30 p.m.

Last night The Observer interviewed Keith Gore, who is challenging Judge John Roach, Jr. for the bench on the 296th District Court.

Once again, I have to apologize for the sound quality, the background noise IS distracting, but as in my other Starbucks interview, I think the conversation important enough that the Observer's readers will want to see it. I do promise to find a quieter place for future interviews.

Bill

Readers of The Collin County Observer will remember the story about the Collin County District Attorney using the Grand Jury to investigate two sitting judges.

The term of the Grand Jury ended in December without any indictments being returned against either Judge Suzanne Wooten or Greg Willis.

That should normally end the story. Judge Wooten is once again hearing criminal cases, and Judge Greg Willis is still on the campaign trail trying to be the next District Attorney.

Recently, the Observer learned that the Grand Jury issued a report in the matter of the Willis investigation. My legal experts all agree that a Grand Jury report, once released, is a public record.

Since Judge Chris Oldner was the presiding judge over that grand jury, I sent him a request for a copy of the report. I also sent a request to Mr. David Glickler the Deputy Division Chief of the White Collar Crime and Public Integrity Section of the Texas Attorney General's office.

I copied Mr. Glickler after learning that he had acted as the 'prosecuter pro tem' to the grand jury after the District Attorney's office was recused from the investigation.

On Friday night, I received a response from the Attorney General's office, stating that, "Because grand jury proceedings are secret proceedings by law, we can not and will not provide any comment at this time." I replied with, "I didn't ask for a comment, I asked for a report."

Later that evening, I received a note from Judge Oldner reporting that the State Attorney General had filed a legal objection to releasing the Willis report:

Judge:

Pursuant to Article 20.02(a) of the Code of Criminal Procedure, "The proceedings of the grand jury shall be kept secret." The only section that gives the court the discretion to release any information otherwise kept secret by this article is Article 20.02(d), which limits the Court's discretion to release this information to the defendant and no other entity.

This would be the basis for my legal objection to releasing the report.


David Glickler
Assistant Attorney General
Deputy Division Chief
White Collar Crime and Public Integrity Section
P.O. Box 12548
Austin, TX 78711-2548

The section of the Code of Criminal Procedure that the AG's office is referring to is a simple statement, "The proceedings of the grand jury shall be secret.". In equally simple terms it is obvious that a report is not a "proceeding". It is the output that is the result of a proceeding.

The report has been released and several people have read it. It is now be just as public as any other action by the grand jury, such as indictments or no-bills. The indictments and no-bills issued by a grand jury are not proceedings either, they are in effect, reports of actions taken and they are public information. So is the Willis report.

Numerous examples exist throughout the history of Texas courts of grand jury reports being published in the newspapers or otherwise made public. This report is no different. It is a public document.

The rumors I heard about the report is that it is very critical of the prosecution. If so, I could understand why the DA or the AG would want to keep it private. However our democracy doesn't give them that option. In fact the law does not give the Attorney General's office any rights to prohibit or compel the release of records held by any court.

So far all these investigations have accomplished is to tarnish the reputations of two elected judges, in a manner where they can not publicly respond. Knowledgeable sources tell the Observer that an assistant District Attorney was fired during the course of the investigation, while the prosecutors have been able to act with total impunity.

The public is entitled to read any report on the actions of our elected and appointed officials. Only then can an informed electorate have the tools to evaluate the performance of those who's salaries we pay.

Judge Oldner has indicated he will make a decision this week on the Observer's request and the AG's objection. It is unknown if he will want to schedule a hearing before deciding.

Bill

Primary fight for Texas House seat in Plano tilts right

Sunday, January 24, 2010
By THEODORE KIM / The Dallas Morning News

Think back nearly two decades, when the Persian Gulf War was unfolding, the Dallas Cowboys had yet to renew their dynasty and the word "web" meant spiders.

That is the last time someone other than Brian McCall has represented West Plano in the Texas House.

McCall's decision not to seek re-election means a new face will take his District 66 seat in November.

The campaign's action is in the March 2 Republican primary, where Mabrie Jackson, Wayne Richard and Van Taylor have sought to burnish their appeal among conservatives.

No Democrats filed to run. Other candidates include Libertarians Josef Novak and Benjamin Westfried and independent Eric Roberson.

Moderate Republicans in the affluent district have long anchored support for McCall, one of Plano's most popular politicians.

But with impassioned conservatives showing new life at Tea Party rallies and in groups such as the Collin County Conservative Republicans, the politics of the primary has tracked to the right.

At a packed kickoff event earlier this month, Jackson vowed to keep tax rates in check and adhere to what she called "traditional values."

Taylor has picked up the endorsement of the Young Conservatives of Texas and signed a "taxpayer protection" pledge with the Americans for Tax Reform, a group opposed to most taxes.

Meanwhile, Richard says he is "worried about the direction that Texas can possibly go," wants to lessen the business tax burden and promotes home schooling.

Barbs thrown

Little sparring has occurred so far, but that could change as March approaches.

Opponents have quietly begun throwing barbs at Taylor, a real estate investor who according to federal records spent more than $300,000 of his own money in an unsuccessful 2006 bid for Congress in the Waco area. He moved to Plano shortly thereafter.

He dismisses the chatter, saying, "My wife and I have always invested in causes that we believe in."

Taylor, 37, has already begun running television and other ads touting his conservative credentials and tenure in the Marine Corps. He said he hopes to restructure state government, bolster border security and encourage the creation of more charter schools.

In general, he said, he would advocate "lower taxation, less regulation and less litigation."

Jackson, a former Microsoft account manager, is the only candidate to have served in public office. She resigned from the Plano City Council in November and has received endorsements from a number of community groups and city leaders, including McCall.

She said she would seek to balance the state's budget and focus on funding the growing needs of Texas' public education system and transportation network.

"I understand the real issues that affect real people every day," said Jackson, 45.

Touting new ideas

Richard said he does not have the name recognition or resources of either of his opponents. But the 55-year-old, who founded a small technology firm, said he would bring new ideas to the table.

For instance, he believes that government and schools could operate more efficiently by turning to new technologies, such as computer tablets instead of textbooks.

He also has started a group called the National Coalition for the Defense of American Sovereignty, which adheres to the view that the U.S. Constitution faces threats from laws created abroad.

Richard said he would "vote 100 percent of the time with the taxpayer."

read more including candidate backgrounds at The Dallas Morning News....

I interviewed Mr. Becker this evening at a Starbucks in Allen.

Unfortunately, as we talked, the background noise seemed to get louder, and so I apologize for the sound quality. Nevertheless, I think that what Mr. Becker had to say is interesting enough to warrant posting the entire interview.

Bill

for almost a year now, The Collin County Observer has been following the case of "In re J.H.G, a child", who we called "Alandra's baby".

I first wrote about this story of an immigrant mother whose baby was taken from her by a Collin County court, even though the mother never harmed or threatened her child. The baby was taken from the mother while she was still in the hospital recovering from the birth, and given to an Anglo family in March of 2007.

Since then, the baby boy has grown up speaking only English, while the mother, a Nahuatl Indian from Mexico speaks only Spanish and her native Nahuatl language.

In May of 2009, the 5th Texas Court of Appeals overturned the trial court, and ordered the child returned to her mother. In its opinion, the 5th Court of Appeals never addressed the equity issues raised by the mother's attorneys, but chose to overturn the trial court based on a technical issue never raised by the mother's legal team. The Collin County District Attorney, acting on behalf of Family Protective Services, appealed to the Texas Supreme Court.

Friday, the Supreme Court ruled, and overturned the Appeals Court. In its opinion, the Court said that the Court of Appeals was wrong in its reversal, and ordered the Appeals court to reconsider the case based on the "legal and factual sufficiency of the evidence".

The net result of the Supreme Court's ruling will be to further extend this case for another year or more. Meanwhile, the state has refused to allow any visiting rights for the mother. Her son is growing up not knowing his real Mom, his heritage, or his native language.

To complicate the challenges facing the mother, the foster family, who wants to adopt her son, has filed a seperate action to terminate the mother's parental rights.

Bill

--------------------------------

Notes:

Opinion, IN THE SUPREME COURT OF TEXAS, No. 09-0531, In re J.H.G., a Child

Alandra's baby - Update, CCO, July 12, 2009

Alandra's baby, CCO, May 20, 2009

Justice Collin County style: Be careful what you say in the recovery room!, CCO, May 17, 2009

Decision of the 5th Court of Appeals, In re JGH, Case number 05-08-00875-CV

It is tough trying to figure out who to vote for. Especially in "down ballot" judicial races the voter is faced with a myriad of positions and names.

In an effort to educate the voters, several organizations have scheduled forums where voters can meet and hear the candidates. These forums are great opportunities for voters to learn what the candidates believe in and what they plan to accomplish should they be elected.

This list is probably incomplete. If any of our readers know of a forum that should be listed, please let me know by commenting below. I will be happy to include all forums for all candidates.

Bill

Collin County Republican Men's Club / North Collin County Republican women's Club Judicial Candidate Forum
Who: Candidates for DA, District Clerk, District Court, County Court, & Justice of the Peace
Where: Conference Center, Collin College, McKinney Campus
When: Tuesday, January 26 from 6:00 pm to 9:00 pm

Tea Party Alliance Candidate Forum
Who: District 66 and County Judge candidates
Where: Collin County Community College, Spring Creek Conference Center
When: January 27th, 6:30pm – 9pm

Collin County Conservative Republicans Club McKinney forum
Who: County Judge, District Attorney, District Clerk, 219th District Court, 296Th District Court, Collin County Court at Law 2, Collin County Court at Law 3, Justice of the Peace 4, Collin County GOP Chairman
Where: McKinney Collin College Conference Center, 2200 W University Drive (Hwy 380) in McKinney
When: February 1st, 7pm – 9pm

Collin County Conservative Republicans Club Plano forum
Who: State Representative District 66, County Judge, Commissioner's Court 2, Commissioners Court 4, District Attorney, Collin County Court at Law 4, Collin County Court at Law 6, County Chairman
Where: Collin College Conference Center, 2800 E Spring Creek Parkway in Plano
When: February 2, 7pm – 9pm

Plano Homeowners Council candidate forum
Who:
Where: location to be announced
When: February 4, 7-8:30 pm

Conner Harrington Republican Women candidate forum
Who: All Republican candidates
Where: Collin College Spring Creek Campus - Conference Center
When: February 9th, 6:30pm - 9:30pm

McKinney Chamber of Commerce Candidate Roundtable
Who:
Where: Eldorado Country Club, 2604 Country Club Lane
When: February 12, 7:30-9:30 am
Other: Admission: $15 for members, $25 for nonmembers

Collin County League of Women Voters Candidate forum
Who: darn near everybody (see below)
Where: Christopher A. Parr Library, 6200 Windhaven Parkway, Plano 75093
When: February 13th

• Session 1, 10:30-11:30 a.m. U.S. House of Representatives
• Session 2, 11:30 a.m. – 12:45 p.m. Texas Senate and House
• Session 3, 1:00 – 2:15 p.m. Collin County Commissioners’ Court
• Session 4, 2:30 – 3:45 p.m. Collin County District Attorney, Clerk & Judges
• Session 5, 4:00 – 5:30 p.m. Collin County Court at Law Judges & JPs

Healthcare Committee of Collin County candidate forum
Who: Commissioners' Court and District Attorney Candidates
Where: Collin College, Spring Creek Campus, Plano 75074, room C104
When: February 16th, 7pm

Collin County Republican Men's Club Candidate Forum, County Judge
Who: Keith Self, John Muns
Where: Collin County GOP Headquarters, 8416 Stacy Road, Suite 100, McKinney, Texas 75070
When: February 18th, 7pm - 9pm

Plano Chapter - AARP
Who: Commissioners Court candidates
Where: Plano Senior Center, 401 W. 16th St., Plano
When: February 24, 1pm

Opinion allows Collin DA to fund weapons for courthouse security team

Sunday, January 24, 2010
By ED HOUSEWRIGHT / The Dallas Morning News

Collin County District Attorney John Roach will get his gear.

The county commissioners have given up their effort to stop Roach from spending $25,000 on high-powered rifles, shotguns, helmets and shields to outfit a one-of-a-kind courthouse security team.

The commissioners, who approve the district attorney's overall budget, sought a legal opinion but found that Roach can use asset forfeiture funds for the purchase.

"It's very clear," Commissioner Matt Shaheen said.

Earlier this month, he and other Commissioners Court members questioned the legality and necessity of having two dozen DA investigators don riot gear to respond to a courthouse shooting.

They still don't like the idea.

Commissioners say the McKinney Police Department, the Collin County sheriff's office, the Homeland Security Department and bailiffs provide plenty of firepower to handle an emergency.

"Here's my concern: Who's in charge?" Commissioner Jerry Hoagland said. "If a shooter does show up in a courtroom, who's going to do what?"

Roach, who is retiring at the end of the year, said he never doubted he had the authority to buy the SWAT-type equipment.

"I wouldn't have been asking for something I couldn't do," he said.

Roach formed the emergency response team after taking office in 2003. It conducts monthly training after hours at the courthouse but has never been called into action.

The investigators, who are all certified to carry a gun, could respond to a shooting quicker than other law enforcement officers, Roach said. But they would take a secondary role once police, sheriff's deputies or others arrived, he said.

"We have 24 police officers in this courthouse who work for the district attorney's office," Roach said. "They're not going to stand there with their thumbs in their ears if something goes down."

He's a little rankled that commissioners and others have referred to the security force as a SWAT team. SWAT officers break down doors to make arrests. The emergency response team is defensive in nature, Roach said.

"The mission is entirely different," he said.

In 2005, an East Texas courthouse shooting left two people dead. This month, a gunman opened fire in a Las Vegas courthouse, killing one person and injuring another.

"Just because it hasn't happened here doesn't mean it won't," said Chad Smith, deputy chief investigator for the Collin County district attorney's office.

Smith took part in a training exercise Thursday night in which investigators wore bulletproof vests, helmets and black windbreakers with "District Attorney Police" on the back. They carried pistols that shoot plastic pellets and responded to staged courtroom emergency.

In it, a sexual assault defendant pulls a gun after being sentenced to 50 years in prison.

"I'm in charge of the courtroom now," the actor screams.

He then fatally shoots the bailiff and two jury members as others scream.

Four investigators, crouching and pointing their guns, barge into the courtroom. They immediately shoot and kill the defendant, who collapses onto the floor.

"All clear," an investigator yells to end the crisis.

Smith stood and addressed the team members.

"Good job, everybody," he said.

The mandatory training will continue next month. Roach says it may one day save lives.

"The likelihood of these things occurring may be remote, but it's ridiculous not to plan," he said.

link to article at The Dallas Morning News....

-----------------------------------

Bill comments:

Also see Collin County Observer article, Armed & Dangerous: DA wants to SWAT 'em

In military terms, what the DA is trying to do is called "mission creep", as the role of the Criminal district Attorney is to prosecute criminals, not defend the courthouse.

I hope the next Collin County District Attorney takes swift action to disband or limit these "courthouse commando" teams. Listening to DA Chief Investigator Novaline Varner's testimony before the commissioners court makes it clear that the teams lack clear command and authority guidelines.

For example Varner told the court that there is no Memorandum of Understanding between the various police agencies defining the roles and responsibilities of the DA, the Sheriff and the McKinney police in the event of a courthouse emergency. There is no standard operating procedure written that defines the role of or the authority of the one law enforcement officer presently charged with the security of the courtroom - the bailiff.

Varner's response to the questions on the procedures for command and authority shed some light on the nature of the courthouse commando teams, "We are working on an SOP, so everybody will know what they're doing. but all of that takes time. While we're wasting time getting through the red tape, we're still training. I don't want us to come across that we're some kind of "Three Stooges" type [operation]."

After her testimony, Commissioner Jerry Hoagland told the court, "My concern is, we have the sheriffs department, we have the McKinney police, we have homeland security we got the bailiff. We have all these different parties. And I'm not sure this is a function of the DAs office. I'm not saying that maybe we don't need more security, maybe we do. But I'm not sure that is a proper function of a District Attorneys Office."

Commissioner Joe Jaynes stated, "I really don't believe we need another police force, whether its called a SWAT or Emergency Response. In a lot of ways that could just make the situation even more dangerous."

In discussion over another agenda item, it was revealed that the DA investigators lacked radio equipment to communicate with Sheriff's deputies in the event of an emergency.

Ms. Varner and the DAs office often refer to the 2005 Smith County courthouse shooting as an example of the need for tighter security here in Collin County. But in the Smith County incident, the shooter was outside the courthouse, and he fired on citizens who were on the courthouse steps. In both the Smith County shooting and the Las Vegas shooting, the suspect was killed far from the courthouse after a chase by law enforcement. It is unclear from the DAs proposal exactly where the limits will be set for John Roach's courthouse commandos. Will they be authorized to respond to shooters outside in the parking lots? Across the street at the Sheriff's Office? At Wal Mart across from the University Dr. courthouse? Anywhere?

Where does the mission creep end?

So far, the ONLY casualty from violence at the Bloomfield Rd courthouse has been by friendly fire. During one of the DA's commando training exercises, District Judge John Roach, Jr. was accidentally shot in the face with a blank. He was shot by a volunteer civilian, who had no business with a real gun, but was given the gun for role play by law enforcement personnel who should have known better. But they don't want to be known as some kind of "Three Stooges" operation.

Courthouse observers and law enforcement personnel I have talked with believe the real key to security at the courthouse is in excluding weapons, not in escalating the levels of violence. They believe that putting more commissioned sheriff's deputies at the entrances and in the hallways, and putting them in charge of courthouse security would both exclude the likeliness of a bad guy being able to start a shooting incident and speed up the reaction time in the case of an incident.

Presently, the task of screening visitors and the responsibility for courthouse security is assigned to the Homeland Security Department. Homeland Security is not a police agency, and was given the job because using civilian guards is cheaper than hiring real commissioned deputies.

The real issue of courthouse security is budget. The Commissioners Court has elected to run courthouse security "on the cheap". Their decision to hire unarmed, civilian guards creates a security vacuum that the DA is trying to fill with his erstwhile "courthouse commandos". DA Roach's decision is a mistake. The county's attempts to Wal Mart the security of the courts is the cause.

The solution is obvious.

Bill

Bill

This is the first year I can remember when both the Republican and Democratic Party Party county chairs faced primary opposition.

Races for the county chairmanship of a major political party get little media attention, but can have long lasting implications for the success of the local party. I suspect that most voters have never noticed that at the bottom of their primary ballot was a choice for the county chairman of their respective party.

Listed below are the candidates and some basic information about them.

Republican primary voters interested in learning more about their contested party chair race might want to attend the CCGOP Chairman Candidate Forum tonight (Jan. 21) at the Republican Party Headquarters, 8416 Stacy Road, Suite 100 McKinney Texas 75070.

DEMOCRATIC PARTY

SHAWN STEVENS
Mr. Stevens is an attorney and a long time Democratic activist. His recent filing with the Texas Ethics Commission lists:
Campaign Contributions: $0
Campaign Expenditures: $243.05
Camppaign Fund Balance: $0
Campaign Loans: $0

In a statement he sent to the Observer, he listed his Democratic Party involvement including:
• Voting in every Democratic Primary since 1988;
• Working for the election of Ann Richards as Governor in 1990;
• Initiating the registration of the Texas Democratic Party Internet domain in 1996;
• Establishing the first website for the Texas Democratic Party;
• Serving as the TDP's first webmaster from 1996 - 1998;
• Serving as a Precinct Chair member of the County Executive Committee of the Harris County
Democratic Party from 1996 - 2002;
• Serving as a pollwatcher and member of the Ron Kirk for U.S. Senate Campaign Legal Team in 2002;
• Serving as a Precinct Chair member of the County Executive Committee of the Democratic Party of
Collin County from 2003 - 2009;
• Serving as Vice-Chair & General Counsel of the Democratic Party of Collin County from 2003 - 2008,
etc.);
• Serving as Chairman of the Democratic Party of Collin County from July 2009 - present.

--------------------------

YASIN ALI
Yasin Ali is a local Dallas businessman and Senior Consultant with US Department of Homeland Security, USCIS, and ICE on cases of Political Asylum, Amnesty, Immigration, and Religious cases. He moved to the Dallas/Fort Worth metroplex in 1972 to attend college, received a Business Law degree from Cornell University, and completed a Post-Grad Degree in Economics from Karachi University. He has been a naturalized US citizen since 1977, and a registered voter since 1978.

He works closely with many domestic civil organizations, such as American Muslim Caucus, Greater Houston American Muslim Assoc, India Assoc of North Texas, Islamic Assoc of North Texas, CAIR, and Ismailia Muslim American Assoc of Texas, etc.

His other accomplishments are: Marketing Head of AKDN Partner Ship Walks in Dallas, Houston, Los Angeles, Atlanta, and Calgary & Vancouver, CA. This is to generate in-kind donations and funds for 3rd world developing countries for helping women & children to become self sufficient and live better lives. In Dallas 8500 people showed up, and raised $250K in 1 day and a LA Walk raised $400K where 20K+ people showed up.

A search of the Texas Ethics Commission record show no campaign finance filings for Mr. Ali.

------------------------

REPUBLICAN PARTY

FRED MOSES
Fred was elected County Chairman by the Republican Executive Committee in 2008. He is a successful Plano businessman and founder and owner of Telecom Electric Supply Company. In 2006, Collin College named Fred Moses a "Living Legend".

His recent filings with the Texas Ethics Commission list:
Campaign Contributions: $601
Campaign Expenditures: $401
Campaign Fund Balance: $200
Campaign loans: $0

Fred has an Associate of Science degree in Business Management from Housatonic Community College and a Bachelor of Science degree in Marketing from the University of Bridgeport in Bridgeport, Connecticut. He completed the Advanced Management Education Program from the Kellogg School of Management in July 2007.

Fred’s leadership has been recognized by the Dallas Business Journal and he was also featured in Black Enterprise, a national magazine. He is the recipient of the Gladys Harrington Precinct Chair of the Year, the CEO Institute’s Christian Business Leadership Award, the Outstanding Texan Award from Texas Legislative Black Caucus. Fred has also served as Past Chairman of the Plano Chamber of Commerce and Past President of the Collin County Republican Men’s Club.

Mr. Moses website lists these goals for 2010:
* Implement Plans for continued success in the 2010 General Election
* Defeat Democrats in Collin County and promote Conservative values
* Promote true conservatism at all levels in Collin County
* Unify the conservatives under the Republican Banner
* Capitalize on Summer Festival Events and TEA Party enthusiasm
* Increase the Focus on Outreach and Visibility for the Party
* Use the technology in the redesigned County Party Website
* Apply technology to the County Database

------------------------

MANDY TSCHOEPE
Mrs. Tschoepe lists her occupation as homemaker. She is the Republican State Party Executive Committee member from Senate District 8. In a recent press release, she was quoted as saying, “With two decades of experience in the Republican Party, I have demonstrated the leadership that our local Party needs to continue to win in Collin County”.

Her recent campaign finance report filed with the Texas Ethics Commission lists:
Campaign Contributions: $1,593
Campaign Expenditures: $4,727
Campaign Fund Balance: $1,727
Campaign Loans: $5,000

On her website, Mandy explains why she thinks she is the best candidate for county chair:

"The Collin County GOP has to be more than just an organization built around events such as Lincoln Day and elections in even-numbered years. We have to develop a party structure that allows us to engage in the six principles outlined above on an ongoing basis and this means building our power. We have to engage our precinct chairs in the political process and the governance process of the party; demonstrate our principles through our actions, such as transparency; and we have to end the practice of depending on our elected officials and candidates to support the party – we exist to support them."

She lists her primary tasks, if elected, as:
Unite the Party - Leadership necessary to unite all of the groups and factions in the Party.
Grassroots Activist - We need to ensure our activists and precinct chair are trained and well organized.
Building the Party - State and national candidates look to Collin County to deliver the votes.
Conservative Leader - It’s about more than just winning all of our races, it is about our whole role

--------------------------------------

Bill

All candidates for public office in Texas are required to file periodic campaign finance reports listing their contributors and expenses. The January semi-annual report was due on January 15, 2010. It covers all contributions and expenses from July 1 through December 31.

Candidates for the Texas Legislature are required to file their reports electronically with the Texas Ethics Commission in Austin. These reports can be accessed by voters with a simple search tool.

In furthering the interests of open and fair campaigns, The Collin County Observer is publishing summaries of the state legislative candidates' filings.

Listed here are the contributions, expenses, and campaign account balance as of December 31. Also listed are any loan balances to the campaign.

To help the voter judge where a candidate gets support, also detailed are any contributions of $1,000 or more.

Collin County is represented by 4 Texas Legislators whose districts are include large portions of the county. Our state legislators are elected for 2 year terms. This year only one state representatives position is contested - District 66. Jerry Madden, Ken Paxton and Jodie Laubenberg are the 3 incumbent state representatives who are running uncontested in both the primary and general elections.

District 66 encompasses west Plano, generally west of Custer and south of SH 121. Brian McCall has served as the representative for District 66 since 1991. He recently announced his retirement, setting the stage for a contested primary.

Texas Legislature - District 66

MABRIE GRIFFITH JACKSON

http://www.mabriejackson.com/

Contributions July - Dec. $41,466
Expenditures July - Dec. $14,281
Campaign account balance Dec. 31 - $106,635
Loans - $80,000

Major contributors (+- $1,000):
Harry Bauge - $1,000
Blackridge - $1,000
Bruce Gibson - $1,000
Nan Griffin - $1,000
Allyn Harris - $1,200
Nancy Harvard - $1,000
Hillco PAC - $1,000
Martin and Mack Jackson - $1,000
Bill Kramer - $1,000
Charles Kramer - $1,000
Michael Loehr - $1,000
Mabrie Jackson for City Council - $2,441
David McCall - $2,500
Jenny McCall - $1,000
Andy Pierce - $1,000
Bobby Ray - $2,500
Joe Rice - $5,000
TEXPAC-Tx Medical Association PAC - $1,500

-----------------

WAYNE S. RICHARD

http://www.standwithwayne.com/

Contributions July - Dec. $104,772
Expenditures July - Dec. $15,736
Campaign account balance Dec. 31 - $106,635
Loans - $4,731

Major contributors (+- $1,000):
Scott Conrad (in-kind) - $2,100
Sharon Ketko - $1,500
LEAD Enterprises LLC (in-kind) - $50,000
Jason Luse (in-kind) - $7,500
Peter Morrison (in-kind) - $11,433
Peter Morrison - $1,200
Paul Owens (in-kind) - $21,332
Patricia Richard - $2,000

-----------------------------

VAN TAYLOR

http://www.vantaylor.com/

Contributions July - Dec. $18,835
Expenditures July - Dec. $83,524
Campaign account balance Dec. 31 - $15,311
Loans - $80,000

Major contributors (+- $1,000):
Louis Beecherl - $1,000
Micheal George - $1,000
John V. Lattimore - $5,000
John Tatum - $1,000
Nicholas Taylor - $10,000

-----------------------------

In this series on campaign finance reporting:

The Races for County Chair

District Court races: Campaign contributions

Bill

All candidates for public office in Texas are required to file periodic campaign finance reports listing their contributors and expenses. The January semi-annual report was due on January 15, 2010. It covers all contributions and expenses from July 1 through December 31.

Candidates for District Judge are required to file their reports electronically with the Texas Ethics Commission in Austin. These reports can be accessed by voters with a simple search tool.

In furthering the interests of open and fair campaigns, The Collin County Observer is publishing summaries of the District Court judicial candidates' filings.

Listed here are the contributions, expenses, and campaign account balance as of December 31. Also listed are any loan balances to the campaign.

To help the voter judge where a candidate gets support, also detailed are any contributions of $1,000 or more.

There are 2 contested District Court races in Collin County. The current judge of the 219th District, Curt Henderson is retiring. Three candidates have filed for the 219th in the Republican Primary.

219th DISTRICT COURT

Scott Becker

http://beckerforjudge.com/

Contributions July - Dec. $24,513.49
Expenditures July - Dec. $18,163.59
Campaign account balance Dec. 31 - $14,008
Loans $0

Major contributors (+- $1,000):
Todd Albin, Albin Harrison & Roach, $1,000
John Becker, $1,000
Bruneman Lake Griffin & Westhoff, $1,498
Vicki Felkner, $1,000
Curtis Harrison, Albin Harrison & Roach $1,000
Danny Jones, Collin County DA Office, $1,350
Parker & Montgomery Attorneys at Law, $1,500
The Garner Firm, $1,000
Robert Wetherill, $999.99

---------------

Angela Tucker

http://angelatuckerforjudge.com/

Contributions July - Dec. $8,025
Expenditures July - Dec. $20,330
Campaign account balance Dec. 31 - $2,587
Loans $713

Major contributors (+- $1,000):
Nida Vogt, $1,000

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Wendy McMillon

http://mcmillonforjudge.com/

Contributions July - Dec. $3,570
Expenditures July - Dec. $3,669
Campaign account balance Dec. 31 - $0
Loans $102

Major contributors (+- $1,000):
none over $500

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Judge John R. Roach, Jr. is the incumbent serving on the 296th District Court bench. He is challenged by fellow Republican Keith Gore.

296th DISTRICT COURT

Keith Gore

http://goreforjudge.com/

Contributions July - Dec. $0
Expenditures July - Dec. $0
Campaign account balance Dec. 31 - $0
Loans $0

Major contributors (+- $1,000):
none

---------------

John R. Roach Jr.

http://www.judgeroach.org/

Contributions July - Dec. $22,255
Expenditures July - Dec. $12,036
Campaign account balance Dec. 31 - $12,041
Loans $1,823
Major contributors (+- $1,000):
Bickel & Brewer, $1,000
K & L Gates LLP $1,000
Joe Kendall, Kendall Law Group, $2,500
John Lattimore, $1,000
Lawyers' Resource & Litigation Support Services LLC, $2,500
McCurley Orsinger McCurley Nelson & Downing, $1,500
Quaid and Quaid, $1,000
Harold Simmons, $1,000
Haynes & Boone (pledged), $1,000

---------------

Bill

Note: This is the second in a series examining crime statistics in Collin County. The first looked at domestic violence rates.

Collin County residents enjoy a low crime rate. In fact many move to Collin County to escape the high crime associated with life in the big city. How safe are you really?

SELECTED CRIME RATES FOR MURDER, RAPE AND BURGLARY

The City of Dallas has a murder rate of 13.3 per 100,000 in population, while Collin County's overall murder rate in 2008 is less than 1/7th of that at 2.0.

Burglary rates are about a third of Dallas, with Dallas at 1,657.2 and Collin County at 514.7. The differences are less dramatic for rape. Dallas' rate is 39.1 and Collin County's is 22.6.

However as was noted when we looked at Family Violence rates, some areas of Collin County are much safer than others.

Women living in the rural, unincorporated areas of the county served by the Sheriff's Department and in McKinney stand twice the chance of getting raped than their counterparts in Allen or Plano.

The differences in burglary rates is the most striking. Rural burglary rates in the county are a whopping 1,026.7. This is lower than Dallas, but higher than the national average of 730.8, Texas' average of 946.5 and a whopping three fold increase over Allen's 358.0.

In fact, rural Collin County burglary rates exceed those of all but 5 states and exceeds the national average for suburban areas by 20%.

Collin County selected crime rates per 100,000 compared to other jurisdictions

CLEARANCE RATES

I've heard several law enforcement and prosecutors boast that, "If you don't want to do the time, don't come to Collin County to do the crime". Our judges and juries are well-known for having a low tolerance for law breakers, and they routinely assess longer prison terms than our neighboring counties would.

But a criminal will only face a jury and a possible long prison term if he is caught and brought to trial.

The Collin County Jail

The US Department of Justice, the FBI and the Texas Department of Public Safety all compile statistics on crime rates and clearance rates. The clearance rate is the percentage of reported crimes solved by either arrest or something extraordinary, such as the death of the perpetrator.

According to statistics gathered by the Texas Department of Public Safety, there's a very good chance that in Collin County, if you do the crime, you won't be caught.

You probably won't get away with murder here. In 2008, the national murder clearance average was 63.6%, and the state average was 80%.In the same year, Dallas cleared 65% of their murders.

Our clearance rate for the 14 homicides in 2008 was 50%. In 2007 however, Collin County law enforcement cleared 100% of the 5 homicides reported. (The relatively small numbers of murders here means just 2 or 3 unsolved cases on one year can skew the statistics greatly from year to year.)

For rapes the disparity between our county and the rest of the nation is dramatic. The national clearance rate is 40.4%, in Texas it is 44%, but here in Collin County we solved only 27% of the 158 reported rapes in 2008. the Dallas Police solved 61% of their reported rape cases, over twice the rate of Collin County.

Only Plano's clearance rate of 41% exceeded the national average, and no Collin County jurisdictions came close to the average rate in Texas. (I am discounting the 100% clearance rate in Farmersville and the 50% in Celina. Since there was only one reported rape in Farmersville and 2 in Celina, the sample is too small for meaningful comparisons)

Allen, which had 7 rapes reported wasn't able to solve a single one in 2008, according to these DPS statistics. Frisco only cleared 13% of its 15 reported rapes, and McKinney 29% of its 51 reported cases.

Similarly our clearance rates for burglaries are much lower than other jurisdictions. Nationwide, the police were able to solve 12.5% of the reported burglaries, in Texas the rate was 10%, but in Collin County only 7% of our 3,602 reported burglaries were cleared. A statistically small but dramatic example can be found in the small town of Lavon. They were able to close none of their 8 burglaries, which given the small population caused the burglary rate to be 1,900.2 per 100,000.

Less dramatically, but of more importance was Frisco's 4% clearance rate on 503 burglaries, Allen's 4% of 298 cases, and McKinney's 5% on 504 reports. The Sheriff's office matched the county average at 10% of its 384 reports and Plano solved 9% of 1,550 burglaries.

Collin County selected crime clearance rates compared to other jurisdictions

Bill

=========================================

Data Sources:

United States Department of Justice, FBI report on 2008 Crime in the United States

The Texas Department of Public Safety, Crime in Texas 2008

The Texas Department of Public Safety, Crime in Texas 2007

United States Department of Justice, Bureau of Justice Statistics

Other Sources:

Grits for Breakfast, September 25, 2007, "'Clearance Rates' for serious crime disturbingly low"

The Dallas Morning News, September 28, 2008, "Crime clearance rates show Dallas police's success varies"

Monday is one of only four Federal holidays honoring an individual. Dr. Kings' actual birthday is January 15. If still alive, he'd be 82 years old.

I was barely 12 years old on August 28, 1963, but I remember well watching the news coverage of that enormous civil rights march on Washington and hearing Dr. King give his I Have a Dream speech in front of the Lincoln Memorial. I never tire of hearing it, along with Lincoln's Gettysburg Address, Dr. King's ringing appeal to hope is one of the finest examples of American rhetoric.

It was many years later that I had my first opportunity to visit the Lincoln Memorial. As I walked up those massive steps with my grandson, I took a few minutes to tell him the stories of two of the greatest Americans who ever lived.

Bill

Here is the text of Dr. King's speech given that day in Washington, D.C.:

I am happy to join with you today in what will go down in history as the greatest demonstration for freedom in the history of our nation.

Five score years ago, a great American, in whose symbolic shadow we stand today, signed the Emancipation Proclamation. This momentous decree came as a great beacon light of hope to millions of Negro slaves who had been seared in the flames of withering injustice. It came as a joyous daybreak to end the long night of their captivity.

But one hundred years later, the Negro still is not free. One hundred years later, the life of the Negro is still sadly crippled by the manacles of segregation and the chains of discrimination. One hundred years later, the Negro lives on a lonely island of poverty in the midst of a vast ocean of material prosperity. One hundred years later, the Negro is still languished in the corners of American society and finds himself an exile in his own land. And so we've come here today to dramatize a shameful condition.

In a sense we've come to our nation's capital to cash a check. When the architects of our republic wrote the magnificent words of the Constitution and the Declaration of Independence, they were signing a promissory note to which every American was to fall heir. This note was a promise that all men, yes, black men as well as white men, would be guaranteed the "unalienable Rights" of "Life, Liberty and the pursuit of Happiness." It is obvious today that America has defaulted on this promissory note, insofar as her citizens of color are concerned. Instead of honoring this sacred obligation, America has given the Negro people a bad check, a check which has come back marked "insufficient funds."

But we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity of this nation. And so, we've come to cash this check, a check that will give us upon demand the riches of freedom and the security of justice.

We have also come to this hallowed spot to remind America of the fierce urgency of Now. This is no time to engage in the luxury of cooling off or to take the tranquilizing drug of gradualism. Now is the time to make real the promises of democracy. Now is the time to rise from the dark and desolate valley of segregation to the sunlit path of racial justice. Now is the time to lift our nation from the quicksands of racial injustice to the solid rock of brotherhood. Now is the time to make justice a reality for all of God's children.

It would be fatal for the nation to overlook the urgency of the moment. This sweltering summer of the Negro's legitimate discontent will not pass until there is an invigorating autumn of freedom and equality. Nineteen sixty-three is not an end, but a beginning. And those who hope that the Negro needed to blow off steam and will now be content will have a rude awakening if the nation returns to business as usual. And there will be neither rest nor tranquility in America until the Negro is granted his citizenship rights. The whirlwinds of revolt will continue to shake the foundations of our nation until the bright day of justice emerges.

But there is something that I must say to my people, who stand on the warm threshold which leads into the palace of justice: In the process of gaining our rightful place, we must not be guilty of wrongful deeds. Let us not seek to satisfy our thirst for freedom by drinking from the cup of bitterness and hatred. We must forever conduct our struggle on the high plane of dignity and discipline. We must not allow our creative protest to degenerate into physical violence. Again and again, we must rise to the majestic heights of meeting physical force with soul force.

The marvelous new militancy which has engulfed the Negro community must not lead us to a distrust of all white people, for many of our white brothers, as evidenced by their presence here today, have come to realize that their destiny is tied up with our destiny. And they have come to realize that their freedom is inextricably bound to our freedom.

We cannot walk alone.

And as we walk, we must make the pledge that we shall always march ahead.

We cannot turn back.

There are those who are asking the devotees of civil rights, "When will you be satisfied?" We can never be satisfied as long as the Negro is the victim of the unspeakable horrors of police brutality. We can never be satisfied as long as our bodies, heavy with the fatigue of travel, cannot gain lodging in the motels of the highways and the hotels of the cities. We cannot be satisfied as long as the negro's basic mobility is from a smaller ghetto to a larger one. We can never be satisfied as long as our children are stripped of their self-hood and robbed of their dignity by signs stating: "For Whites Only." We cannot be satisfied as long as a Negro in Mississippi cannot vote and a Negro in New York believes he has nothing for which to vote. No, no, we are not satisfied, and we will not be satisfied until "justice rolls down like waters, and righteousness like a mighty stream."¹

I am not unmindful that some of you have come here out of great trials and tribulations. Some of you have come fresh from narrow jail cells. And some of you have come from areas where your quest -- quest for freedom left you battered by the storms of persecution and staggered by the winds of police brutality. You have been the veterans of creative suffering. Continue to work with the faith that unearned suffering is redemptive. Go back to Mississippi, go back to Alabama, go back to South Carolina, go back to Georgia, go back to Louisiana, go back to the slums and ghettos of our northern cities, knowing that somehow this situation can and will be changed.

Let us not wallow in the valley of despair, I say to you today, my friends.

And so even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream.

I have a dream that one day this nation will rise up and live out the true meaning of its creed: "We hold these truths to be self-evident, that all men are created equal."

I have a dream that one day on the red hills of Georgia, the sons of former slaves and the sons of former slave owners will be able to sit down together at the table of brotherhood.

I have a dream that one day even the state of Mississippi, a state sweltering with the heat of injustice, sweltering with the heat of oppression, will be transformed into an oasis of freedom and justice.

I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character.

I have a dream today!

I have a dream that one day, down in Alabama, with its vicious racists, with its governor having his lips dripping with the words of "interposition" and "nullification" -- one day right there in Alabama little black boys and black girls will be able to join hands with little white boys and white girls as sisters and brothers.

I have a dream today!

I have a dream that one day every valley shall be exalted, and every hill and mountain shall be made low, the rough places will be made plain, and the crooked places will be made straight; "and the glory of the Lord shall be revealed and all flesh shall see it together."2

This is our hope, and this is the faith that I go back to the South with.

With this faith, we will be able to hew out of the mountain of despair a stone of hope. With this faith, we will be able to transform the jangling discords of our nation into a beautiful symphony of brotherhood. With this faith, we will be able to work together, to pray together, to struggle together, to go to jail together, to stand up for freedom together, knowing that we will be free one day.

And this will be the day -- this will be the day when all of God's children will be able to sing with new meaning:

My country 'tis of thee, sweet land of liberty, of thee I sing.

Land where my fathers died, land of the Pilgrim's pride,

From every mountainside, let freedom ring!

And if America is to be a great nation, this must become true.

And so let freedom ring from the prodigious hilltops of New Hampshire.

Let freedom ring from the mighty mountains of New York.

Let freedom ring from the heightening Alleghenies of Pennsylvania.

Let freedom ring from the snow-capped Rockies of Colorado.

Let freedom ring from the curvaceous slopes of California.

But not only that:

Let freedom ring from Stone Mountain of Georgia.

Let freedom ring from Lookout Mountain of Tennessee.

Let freedom ring from every hill and molehill of Mississippi.

From every mountainside, let freedom ring.

And when this happens, when we allow freedom ring, when we let it ring from every village and every hamlet, from every state and every city, we will be able to speed up that day when all of God's children, black men and white men, Jews and Gentiles, Protestants and Catholics, will be able to join hands and sing in the words of the old Negro spiritual:

Free at last! Free at last!

Thank God Almighty, we are free at last

Mileage Meters? Texans Could Get Taxed By the Mile

By KEN KALTHOFF / NBCDFW Channel 5
Updated 11:19 PM CST, Fri, Jan 15, 2010

A tax on the miles you drive could be a way to pay for Texas roads in the future.

Texas transportation planners are studying the idea of a “mileage meter” to help raise money.

Cars built after 1999 have a computer port that can access many types of data about the vehicle.

Progressive Insurance already offers a device that connects to that port for pay as you go rates.

“Mileage does have a lot to do with it,” said Mike Leonard, a Progressive insurance agent in Carrollton. “The less the miles, the less exposure Progressive has. So therefore, they’re willing to give you a discount on your rates.”

The Texas Department of Transportation is investigating whether such a device might also be used to tax drivers for how much they use roads.

“I’m not ready to embrace that technology, but it is a technology we may have to look at,” said State Sen. John Carona, of Dallas, a Republican.

Carona said Texas has an estimated $100 billion worth of unfunded transportation needs.

“The money simply does not exist, and if people are being honest with constituents, they come out and just tell them that," he said. "We don’t have the money in Austin, and there isn’t the ability locally to raise this money to be able to solve these problems.”

Carona said a 20-cent-per-gallon gasoline tax approved 19 years ago no longer covers Texas transportation requirements. The state senator said he believes Texas has resorted to too many toll roads, which he claims cost citizens more in the long run.

“It’s not a good public policy," he said. "I would argue continued advancement toward more toll roads is bad for Texas.”

Another pay-as-you-go plan might require drivers to electronically record their mileage at the gas pump, which is already required by for some private company cars.

Carona said raising the gas tax by 10 cents per gallon could pay for all the unfunded transportation needs, but Carona has found that option has found that option extremely unpopular among state lawmakers.

One way or another, all of the options require citizens to pay more to solve Texas transportation needs.

“We are substantially behind the times in dealing with this,” Carona said. “We’re going to face substantially greater congestion and air quality issues.”

read article and watch video coverage on NBCDFW....

Property tax cap for seniors puts some North Texas cities in a bind

Sunday, January 17, 2010
By THEODORE KIM / The Dallas Morning News

Six years after Texas voters gave cities the ability to cap property tax bills for senior citizens, cash-strapped communities that opted in are starting to feel the costs.

Cities stand to forfeit billions of dollars in values from their property tax rolls this year because of the caps even as many municipalities face their worst budget deficits in years.

Those losses are projected to grow sharply as property values climb and waves of aging baby boomers become eligible.

The permanent local-option caps, which voters added to the state constitution in 2003, apply to residents age 65 and older. At least 244 cities have adopted the municipal tax caps since 2004, according to the state comptroller.

"All of these cities, they are going to cause themselves imminent trouble in the future," said Dick Lavine, a senior fiscal analyst for the nonpartisan Center for Public Policy Priorities in Austin. "That's all property value that's no longer able to support schools, fire, police, roads and sewers."

Figuring out how much taxable value the caps have wiped off the books is difficult. Neither the state nor local appraisal districts keep reliable data about the losses.

Clearly, the numbers reach into the billions. By comparison, school districts, which operate under mandatory senior citizen tax caps, forfeited an estimated $47 billion in taxable value in 2008.

In Collin County, tax data shows, the municipal caps erased more than $200 million in value from the books of nine communities last year.

That figure does not include an optional tax cap for seniors on county property taxes, which expunged an additional $560.9 million, the analysis showed. More than 100 counties, including Dallas and Tarrant, have passed optional senior tax caps. The city of Dallas has not.

All of that lost taxable value translates into millions of dollars in revenue for local government – more than $2.4 million this fiscal year in Collin County and its cities. And it puts greater pressure on leaders in those communities to slash services or raise property tax rates for nonseniors.

Easing the burden

Providing tax relief for the elderly became a political hot potato after a real estate bubble in the 1970s that, for many, drove up property tax bills to unreasonable levels.

Texas and other states have since eased the burden on older fixed-income homeowners with homestead and other exemptions.

The senior tax caps, written by state Rep. Fred Brown, R-Bryan, are meant to provide further relief. The proposal received overwhelming support from lawmakers and voters.

Once eligible, a resident's tax bill becomes frozen at its current amount. Disabled residents also qualify, although their impact on local budgets is far less.

The thinking is that the cap's budgetary impact will always be limited because even as more seniors qualify, others will move or die. When that happens, the full value of those properties returns to the tax rolls. Widowed spouses age 55 and older continue receiving the benefit.

Oscar Garcia, a 77-year-old Fort Worth retiree who has actively campaigned for the senior caps, said the measure is crucial to struggling older homeowners.

"This applies to people who have been paying their fair share of taxes all of their lives," Garcia said. "It's not unfair to pass the burden to the next generation. That's the way it's always been in life."

But with property values certain to rise in the long term and the senior population far outpacing overall growth in Texas, the tax caps could one day become a ball and chain on municipal budgets.

The state's elderly population, about 2.4 million, is expected to double by 2030, according to estimates from the census and state demographer. Texas' total population, 24 million, is projected to grow far more gradually.

Plano's problem

Perhaps no city illustrates the predicament better than budget-challenged Plano, which capped senior citizen tax bills in 2004.

Even as Plano struggles with budget deficits, the city is expected to forfeit more than $765,000 in revenue this year because of the senior cap. The losses have risen sixfold since 2005, driven largely by growth in the city's elderly population.

The forfeited amount is relatively small given Plano's general fund budget of about $220 million. But the losses have exacerbated the city's financial problems and will only grow.

The cap also has blunted Plano's ability to raise money through property tax rate increases.

Plano has twice raised its tax rate since 2006. But because of the city's senior cap, those increases do not apply to one-sixth of the roughly 56,000 properties in Plano that qualify for homestead exemptions, according to local appraisal data.

Plano Mayor Phil Dyer was a City Council member when the cap passed and voted for the measure. But even then, he expressed concerns about the long-term consequences.

"The monetary impact is for real, and it's going to get larger," he said. "I'm not in favor of taking it away by any means. But it is going to be a significant drain on a lot of this city's resources."

For that reason, in late 2007, the city of University Park took a different approach.

Instead of adopting a tax cap, the city approved a much larger tax exemption for elderly homeowners that can be adjusted annually for market conditions.

"Putting a freeze on senior taxes is a one-time forever decision," said Kent Austin, University Park's finance director.

"You make that decision without knowing for certain what's going to happen in your community. What if the over-65 population goes from 10 percent to 50 percent of your city? You've then frozen half of your tax base."

Of course, the impact differs based on a city's demographics, property values, tax rates and other factors.

Grand Prairie and Mesquite, for instance, predict modest cap hits to their budgets.

"I don't think the impact is going to be that significant," said Diana Ortiz, Grand Prairie's finance director. That city has lost about $200,000 so far because of the caps.

'Poorly conceived'

On the whole, government experts say the logic behind the senior tax caps is flawed.

"It's poorly conceived," said Michael Pagano, dean of urban planning and public affairs at the University of Illinois at Chicago. "It assumes that, at age 65, everybody retires, your income doesn't change and you're not well off. It has nothing to do with your ability to pay."

Brown, the author of the tax caps, said, "By and large, the freeze has been very effective for those on fixed incomes."

But as the broader impact of his legislation has become clearer, he wishes he had tailored the proposal more narrowly to benefit only those of modest means.

"I don't want to see seniors in million-dollar homes getting a huge tax break," he said.

Tweaking the tax caps would be difficult – both politically and logistically.

Said Dyer of Plano, "It's something we decided to do. And we can't really reverse it. Now, we're going to have to work around it."

link to article on The Dallas Morning News....

Last Thursday night, the Allen Area Patriots, an organization that describes itself as "part of the Dallas Tea Party", held a candidate forum for candidates for District Attorney.

Raphael De La Garza

Greg Willis, Jeff Bray and Jimmy Angelino were each given 10 minutes for their opening statements. Videos of the 3 opening statements were posted on YouTube and are linked to through a post on the Frisco DWI Lawyer blog.

Curiously, while the Patriots (and the Tea Party) claim to be a non-partisan organization, they refused to allow the Democratic Party's candidate, Ralph De La Garza, to take part in the debate even though he and his family were in attendance. Mr. De La Garza did ask to be a participant, but was told that only Republican candidates would be given the floor.

The exclusion of the only Democratic candidate adds credence to charges that the Tea Party movements have become little more that "get out the vote" efforts for right wing Republican Party factions, or as Paul Krugman wrote in the NY Times, "They’re AstroTurf (fake grass roots) events, manufactured by the usual suspects. In particular, a key role is being played by FreedomWorks, an organization run by Richard Armey, the former House majority leader, and supported by the usual group of right-wing billionaires."

Here in Texas, the Tea Parties may become shills of Empower Texans, who in 2008 spent more than $630,000 on Republican political campaigns and is financed largely by GOP big business oil, health care and home building magnates - the usual suspects.

While the Allen Patriots, in contrast with other local Tea Party organizations has stated it will not issue endorsements, the exclusion of Mr. De La Garza allowed the audience to hear only from "approved" candidates, thereby stifling, not enhancing an open discussion of the issues facing the Collin County District Attorney's office.

After the opening comments by each of the 3 Republicans, the Q & A portion of the program was dominated by discussions of "jury nullification", and of jurors who might disagree with a judge's jury charge. Both issues are currently "hot issues" in far right circles, but unfortunately have little to do with the issues and practices under the control of a Texas Criminal District Attorney.

After all the Republicans gave their closing statements, Mr. De La Garza was finally permitted one minute to introduce himself.

Below is a portion of Judge Greg Willis' opening statement at the forum where he talks of the proper role of a District Attorney.

Bill

David Lee Hall, Plano's erstwhile futurist, was tossed off the ballot for State Senate District 8 in the GOP primary. It seems he didn't withdraw his filing for Republican Precinct Chair before filing for Florence Shapiro's Senate seat.

State Law really frowns on candidates running for more that one office at a time.

Plano voters will remember David Hall's run last year for Plano ISD. Mr. Hall has been sending me emails for years now. His ideas run from equating the teaching of evolution to a communist and fascist program, to his latest plan for the economy - annexing Canada and Mexico as the 51st and 52nd states in the USA.

The Republican ballot just got a bit saner.

Bill

=====================================================
State Sen. Dist 8 candidate David Hall disqualified

Posted: 15 Jan 2010 10:22 AM PST
Matthew Haag / Reporter / The Dallas Morning News Plano Blog

State Sen. District 8 candidate David Hall, who planned on challenging incumbent Florence Shapiro in the March GOP primary, has been ruled ineligible, Hall says. Shapiro will now run unopposed.

At issue is that Hall filed for both the District 8 seat and for the Collin County Republican primary precinct chair. State election code states that a candidate cannot run for two or more offices that are voted on in an election on the same day. Shapiro's attorneys raised the issue with state Republican Party officials this week, said Fred Moses, chairman of the Collin County Republican Party.

Hall filed for the precinct chair position first and then decided to run against Shapiro. According to state election code, if that happens, each subsequent position to the first one is invalid. Hall needed to withdraw from his precinct chair position first before filing to run against Shapiro.

In an e-mail to supporters last night, Hall wrote, "The other person on the ballot hired some lawyers to protest my candidacy. Unfortunately, I did not withdraw from Precinct Chairman in writing within the time allowed which was earlier than the filing date. Therefore, I will be on the ballot unopposed for Precinct Chairman even though I had originally been removed from the ballot for that position."

The Collin County Observer has learned that Judge Ray Wheless, the presiding judge of the 366th District Court, was rushed to a local hospital today after possibly collapsing during a hearing at the court.

I have been told that the Judge is being kept at local hospital for observation, but that his condition is not considered life-threatening.

I've also heard that one of the courthouse security guards, who is an off duty paramedic/fireman, came to the aid of the judge until the ambulance arrived. I hope to find out this person's name - by all accounts he did a great job in stabilizing the situation.

Judge Wheless was appointed to 366th District Court in September by Governor Rick Perry to fill the remainder of the term of Judge Greg Brewer, who resigned from the bench. Previous to his appointment, Judge Wheless was the elected judge of Collin County's Court at Law #4. His wife, Judge Cynthia Wheless presides over the 417th District Court.

The Collin County Observer wishes Judge Wheless a speedy and full recovery.

Bill

UPDATES:

1. Collin County Employee posted: "John Bowers is the guard that rushed up to the court room."

2. Joe Jaynes reported that: "John is the former chief of the Blue Ridge Volunteer Fire Department and a true public servant."

3. Judge Ray Wheless let us know that: "Thanks to everyone for your prayers and concerns. I was released on Saturday afternoon from the hospital and all is well. I received excellent care at Allen Presbyterian. I am glad to say that that there is nothing wrong with me at all. I had been suffering from a respiratory ailment of some type for a few days and I guess I returned to work too early, was dehydrated, etc. Once again, thanks for all of my old friends (and suddenly new friends)who were there to help me. I can't thank all of you enough."

Bill

Collin Higher Education Center in McKinney keeps students at five schools closer to home

Wednesday, January 13, 2010
By SAM HODGES / The Dallas Morning News

During peak traffic, Nathan Bearden would give himself a full hour to get from his McKinney driveway to his classroom seat at the University of Texas at Dallas.

This week, that commute dropped to 10 minutes. He's taking a juvenile-law course at Collin College's new Collin Higher Education Center, where UTD and other four-year colleges offer classes.

"It's like three streets away. I'm very happy," said Bearden, a senior in his last semester. "Plus, it's a really neat building."

The $30 million facility, at State Highway 121 and Central Expressway in McKinney, opened this week with a few, mostly small, classes. But Collin College officials say it represents a major effort to give residents of the fast-growing county a chance to pursue four-year and graduate degrees.

"We're hoping that we can at least keep people close to home, and have them spend less time on the highways," said college President Cary Israel.

Collin College, a public, two-year school, built the 125,000-square-foot center on land provided by the McKinney? Economic Development Corp. The four-story building, featuring Texas red granite framed by blue-tint windows and a soaring glass atrium, will house the Collin College administration as well as classes from other colleges.

Different approach

While some community colleges have expanded to offer their own upper-level undergraduate courses, Israel said he and the Collin College trustees felt a more efficient approach would be to bring in established four-year schools.

When the current term is fully under way, the center will see about 450 students taking classes offered by UTD, Dallas Baptist University, Texas A&M University-Commerce, Texas Woman's University and the University of North Texas.

The number should triple by next fall, when a new school year begins and the center is better known, Israel said.

UTD has 210 students enrolled at the center. Given that 4,000 UTD students live in Collin County, the school's enrollment at the center will probably grow dramatically, said Sheila Amin Gutiérrez de Piñeres, associate provost.

Students enrolled at the center follow the procedures and pay the fees set by the college teaching the course. Each school has its focus areas, with UTD offering business and criminology courses at the undergraduate level, as well as graduate courses in accounting and business administration.

read the rest of this article at The Dallas Morning News....

From a Collin County Press release:

FOR IMMEDIATE RELEASE

January 13, 2010

Contact: Pamela Nishimoto, PHER Public Outreach Educator, (214)491-6855

HEALTH ADVISORY: Collin County’s First H1N1 Mass Vaccination Clinic Planned for National Influenza Vaccination Week

(McKINNEY, Texas) – Collin County’s first H1N1 mass vaccination clinic will be held Saturday, January 16 in conjunction with National Influenza Vaccination Week (Jan. 10-16, 2010). Collin County Health Care Services and Collin County Homeland Security will offer free H1N1 vaccine at the clinic being held at Anna High School, 1201 North Powell Parkway, TX, 75409. Walk-ins will be welcome from 10 a.m. to 2 p.m. The H1N1 clinic is open to everyone.

Staffed primarily by volunteer members of Collin County’s Medical Reserve Corps, the clinic will provide H1N1 vaccine free of charge to the general public. No appointments are necessary.

National Influenza Vaccination Week is a nationwide observance urging everyone to get vaccinated against H1N1 and seasonal flu. Between April and mid-November 2009, there were approximately 47 million cases of 2009 H1N1 flu, more than 200,000 hospitalizations, and nearly 10,000 deaths, with the vast majority of deaths occurring in children and non-elderly adults. Flu experts from the Centers for Disease Control and Prevention (CDC) warn to prepare for another wave of H1N1 flu during coming months.

The threat of H1N1 influenza remains as we continue through the flu season. The public is urged to get vaccinated, either by their primary physician, at the free H1N1 clinic being held Saturday, Jan. 16 from 10 a.m. to 2 p.m., or at one of 68 locations partnering with Collin County Health Care Services to provide H1N1 vaccine.

For further information regarding local H1N1 vaccine availability, the public may utilize the following resources: Collin County website at www.co.collin.tx.us/ and Collin County Facebook and Twitter sites; Texas Department of State Health Services (DSHS) Texas Flu Vaccine Locator at www.Texasflu.org; DSHS H1N1 information lines available by calling “2-1-1”; or, calling Collin County Health Care Services at (972) 548-5500.

###

The Collin county Observer is planning to publish conversations with many of our local primary candidates. Please bear with me as I learn both how to use this cool video technology and gain in interviewing skills.

My first interview is with Mabrie Jackson who is running in the Republican Primary for Texas House of Representatives, District 66. The district 66 seat became open after veteran lawmaker Brian McCall announced that he would not be seeking re-election.

Ms. Jackson will face off against Van Taylor and Wayne S. Richard in the March Republican Primary.

Bill

Early voting begins tomorrow, January 13 for the Plano City Council special elections to fill the open seat vacated by the resignation of councilwoman Mabrie Jackson.

Early voting will run from the 13th to the 26th. Election day is on January 30, 2010. More information about voting locations, days and hours can be found at The City of Plano's Election Information webpage.

EARLY VOTING LOCATIONS

EARLY VOTING TIMES

THE CANDIDATES:

André Davidson
Age: 64
Occupation: Volunteer
Family: Husband and two adult children
Education: Bachelor of arts degree in general studies, University of Texas at Dallas; attended University of Southwestern Louisiana
Community highlights: Served numerous local volunteer groups ranging from Meals on Wheels to the Plano ISD Education Foundation; named Chamber of Commerce's Citizen of the Year in 2005
Campaign Website
Collin County Observer coverage

Kathy Fang
Age: 63
Occupation: Accountant
Family: Single
Education: Master's degree in business administration, University of North Texas; bachelor's degree in business administration, Soochow University in Taiwan
Community highlights: Leadership Plano graduate; founder of a local group for Chinese-American businesswomen
Campaign Website
Collin County Observer coverage

Doug Shockey
Age: 42
Occupation: Real estate investor
Family: Wife and two children
Education: Bachelor's degree in business administration and master's degree in taxation, Baylor University
Community highlights: Real estate consultant
Campaign Website
Collin County Observer coverage

biographical details from the Plano Blog, Dallas Morning News

Bill

====================================

Council candidates pledge to be vocal, engaging and transparent

By Kim Nguyen / Plano Star-Courier
Monday, January 11

Now that the special election campaign season is underway, the three candidates vying for the vacant Place 3 seat on the Plano City Council are gaining momentum

The special election will take place Jan. 30, but early voting begins Jan. 13, leaving the candidates little time to attract their constituents.

In her 30 years as an active Plano citizen and volunteer, André Davidson has seen the highs and lows of the city. She pledges to be an active voice on the council by taking a fresh look at the city’s budget to help identify potential cuts.

“The city council has already begun to do what they need to do by examining the budget very closely,” she said. “Obviously, the budget will be the biggest challenge in next few years, and if we continue to do that -- look at every program and service the city provides to see which are the most cost-efficient -- we can make changes to reduce expenses and possibly increase revenues.”

Increasing revenues will add to the city’s quality of life; but without additional revenues, more services that Plano residents keep close to heart may end up on the chopping block.

“What I’m most concerned with is maintaining quality services for our citizens, particularly in public safety,” she said.

Maintaining a high quality of life, will not only attract future residents, but businesses as well, she said.

“It is extremely important to continue the economic developments efforts currently being made by the council,” Davidson said. “We need a solid plan to recruit and retain businesses in the city to build a strong corporate tax base.”

Another way to increase the city’s quality of life is looking at ways to revitalize the aging community in residential and commercial areas, Davidson said.

“I want to continue to look at ways to revitalize the neighborhoods as we become a more mature city, which is a challenge to the economic development of the city,” she said. “I want to keep Plano as the vibrant community that companies and families choose to live in and open their business in.”

In order to adequately evaluate and assess the budget, a person with a strong background in finance is needed, said candidate Cathy Fang.

“If I am elected, I will use my knowledge and experience in the finance field to work with other city council members to review the budget and try to find more cuts,” she said. “I know cuts sound scary, but if we make the right ones, it won’t make as big of an impact and be as noticeable.”

Considering the economic downturn, Fang said the budget balancing is not the sole responsibility of the city council members.

“As they are in the process of revising the budget to maximize cost-efficiency, the city does a great job of listening to the public,” she said. “I like that everyone sees the big picture and is agreeing to find a way to fix it [the budget problem]. Based on the feedback from the public, the council needs to set the priorities and find cuts in non-essential items.”

The constant flow of communication is important and Fang pledges to remain available to the public to allow for the exchange of ideas and opinions. Engaging the community throughout the budget cycle is something that Fang feels is an important step in the process.

“The constituents can give very good advice because they see things that we don’t always see,” she said. “I’d rather spend my spare time being out in the community to be available to speak with the public to see what they think is important to them. That way I can make decisions based on what the community feels is important.”

Fang said the entire Plano community needs to develop a team attitude to get through the recession.

“We are all in the economic downturn, and we need to work together to get out of the situation,” she said. “We need to balance our budget now, or our children and children’s children will have to pay.”

The biggest thing that needs improvement for Plano city government is the need for increased transparency and open communication to citizens.

“We do have some big budget issues coming that we need to work harder toward but the primary thing to being an elected official is being a true representative of the people and increasing the citizen voice,” he said.

Shockey pledges to provide accessible government, transparent leadership and more citizen involvement as the Place 3 councilman.

“I want to encourage proactive communication and help find ways to get the citizens involved,” he said. “The council has been moving in that direction but there’s still a long way to go.”

Shockey said on his campaign trail he’s been confronted with upset citizens who “truly, just want representation.”

“A lot of people have a negative view on our city leaders strictly because they don’t know what’s going on or they don’t feel like they know what’s going on,” he said. “Some people I’ve met have said that want to get involved but don’t know how to. I pledge to find ways for them to get involved, either through volunteer efforts or through education.”

City government is a three-legged process, Shockey said, and without citizen participation, the constituents will continue to feel misrepresented and discontinue their efforts to help make Plano the best city to live.

“Right now, everything we have works well. Plano is a wonderful city with a low crime rate and relatively low tax rate, and city leadership is committed to trying to keep it that way,” he said. “But what Plano needs is a consensus among the administration, citizens and council. Plano’s becoming a big city and will cave in to big city problems if we don’t plan appropriately.”

Former City Councilwoman Mabrie Jackson resigned her seat on the Plano City Council in November to seek the Texas House District 66 seat after longtime incumbent State Rep. Brian McCall? announced he would not seek re-election.

Early voting starts Jan. 13. One of the candidates must receive more than 50 percent of the vote on Jan. 30 to secure the seat. If there is no clear winner, a run-off election will take place March 20 to determine who will take the Place 3 seat on the Plano City Council.

read article at The Plano Star-Courier....

Note: This is the first in a series of articles on crime and law enforcement statistics for Collin County.

Bill

"The Texas Family Code defines Family Violence as an act by a member of a family or household against another member that is intended to result in physical harm, bodily injury, assault, or a threat that reasonably places the member in fear of imminent physical harm."

Family violence affects all communities, and Collin County is no exception.

Recently I came across some statistics released by the Texas Department of Public Safety and was struck by the apparent disparity in incidents of domestic violence in our communities. The data comes from a DPS crime report, "Crime in Texas". I pulled population estimated from the North Central Texas Council of Governments and I computed the rate of domestic violence for many of our cities. The rates are the number of reports per 1,000 inhabitants.

Statewide, the largest percentage (46%) of family violence reports were between marital partners. 97% of the perpetrators were male, most between the ages of 20-24. Texas has seen increases in Family Violence cases both in 2007, and in 2008.

Here in Collin County, during 2008 there were 3,111 reported cases of domestic violence, this was an increase from 3,031 in 2007. The largest increases were in Princeton, Murphy, Melissa, Celina and in unincorporated areas served by the Sheriff's Department. Increases in domestic assaults were also recorded in Farmersville, Frisco and McKinney.

The largest decreases were in Parker, Prosper and Anna. Wylie, Lavon, Plano and Allen saw a lower number of incidents.

Overall, the Collin County cites where you have the greatest chance to become a domestic violence victim are Princeton, Melissa, McKinney and Wylie. Families living in these cities suffer from violent abuse at over twice the rate for Frisco or Murphy. It would seem that families are safer in the smaller towns of Parker, Murphy and Prosper.

Plano falls near the middle of the ranking -- for 2008 Plano saw a slight decrease in both the number and the rate of police family violence incidents.

2008

2007

Bill

NOTES:

Texas Department of Public Safety, "Crime in Texas"

Collin County citizens are represented in the United States Congress by one of two elected representatives.

Third Congressional District:

Much of the southwestern part of the county, including most of Plano and McKinney are in the 3rd Congressional District. the 3rd District has been solidly Republican since 1968, when the last elected Democrat, Joe Pool died in office.

There are no primary races in the 3rd District - all 3 candidates are unopposed in their respective parties. The incumbent is Sam Johnson; he will face Democrat John Lingenfelder, and Libertarian Christopher J. Claytor in November.

Sam Johnson (I)(R)	John Lingenfelder(D)	Christopher Claytor(L)

Fourth Congressional District:

The 4th Congressional district runs from Grayson county to Texarkana. Included within its borders is about 3/4ths of Collin County. While the 4th CD does include most of the county, it contains a minority of the county's voters, since the large population centers of Plano and McKinney are in the 3rd District. Transitionally a Democratic stronghold, the 4th CD was the home to legendary speaker of the House Sam Rayburn, who was elected to 25 terms, from 1913 to 1961. The incumbent, Ralph Hall was first elected as a Democrat, but changed parties in 2004. He faces 5 opponents in the Republican primary, none of them are a real threat to the well-entrenched congressman. Most analysts give Hall an easy run to the nomination.

The winner of the Republican primary will face Sulphur Springs attorney and Democrat VaLinda Hathcox, and Allen real estate agent and Libertarian Jim Prindle.

VaLinda Hathcox (D)	Jim Prindle (L)

The Republican contenders for CD4 are:

Ralph M. Hall (I) - Rep. Hall of Rockwall has served in the US House since 1981, and is currently the longest serving member of that house. From 1950 to 1962, Mr. Hall served as County Judge of Rockwall County, he then elected to the Texas Senate in 1962, serving there for 10 years. His campaign website notes that, "Since first being elected to the U.S. House of Representatives, Congressman Hall has worked to reduce taxes and increase freedom, and his record shows it. Ralph has been an original cosponsor of bills to repeal the estate tax and the marriage tax penalty and strongly supported the President’s $726 billion tax cut plan."

"Ralph serves on two important committees: the Energy and Commerce Committee, and the Committee on Science and Technology where is the Ranking Member."

"On the Energy and Commerce Committee, he has played a key role in ensuring that America reduces its dependence on foreign oil. As Ranking Member, Ralph introduced a comprehensive energy package aimed at reducing U.S. dependence on foreign oil by making current energy sources cleaner and more efficient, while investing in next-generation energy technologies."

Lou Gigliotti - Is a former race car driver who lives in Princeton and owns a performance racing parts company in Wylie. His campaign website states that, "My training as a businessman and a racer and a fighter PLUS never being anything other than a Conservative Republican qualifies me to replace Ralph Hall who is 87 years old and has been in Congress for 28 years and was a DEMOCRAT FOR 24 of them."

His website lists his priorities as including, border security, English as the official language, control spending, "Defend the Constitution at all times in all places. It is NOT living and breathing", "Defend the 1st amendment in all areas of speech including the airwaves and the internet", "Defend the 2nd amendment vigorously", "Maintain the Military as the first class institution that it is", "Reduce the size of Government", "Abortion, Never funded by tax Dollars", repealing the 16th and 17th amendments, "DRILL HERE, DRILL NOW!", and "NO MORE early voting".

Steve Clark - Is a successful technology and telecommunications executive for over 20 years. He has held senior positions at AT&T, Lucent and most recently as a Group Vice President of Avaya, an S&P 500 company. Clark, who speaks Chinese and Spanish, was AT&T’s senior executive in China from 1991 – 93. Clark, who lives in Rockwall received his Bachelor in Political Communication from SMU in 1974 and a Master in Environmental Management from UTSA in 1976. He describes himself as a "Tea Party Republican".

In an "Open Letter" published on his campaign website, Clark wrote that, "Steve had initially announced his candidacy for the 2004 Election to the House of Representatives, but withdrew his ballot after the President and Dennis Hastert convinced the then 11 term Congressman Ralph Hall to change from A Democrat to a Republican. A longtime friend and supporter of Ralph Hall, we agree on almost everything with the notable exception that I passionately embrace term limits for those in the Congress.... I am running now, because the urgency of the challenges facing our nation requires extraordinary efforts, just short of a revolution by new people, but always based on the Constitutional precepts that have kept this Republic strong. Today, our Nation faces dire issues, not the least of which is the economy. We cannot keep sending the same professional politicians to Washington and expect different results. The incumbent is a well-loved citizen of CD-04 and has been an outstanding servant to the constituents. However, desperate times require the vigor and energy of a candidate that is more concerned about saving our Republic, rather than obtaining a 15th Term of Office."

He lists his priorities as, "Support Lower Taxes and Smaller Government", "Defend our Second Amendment Freedoms", "Stand up for our Traditional Conservative Values", "Work to Create New Jobs", "Support the right to Life for the unborn", "Protect private property rights", "Support tort reform", "Preserve Social Security", "Secure Our Borders", ending earmarks and, "TERM LIMITS".

Dr. John Cooper - Dr. Cooper lives in Sulphur Springs where he owns a land surveying company. He received his Bachelor of Art and a Bachelor of Theology degrees from Dallas Bible College 1972, a Master of Divinity from Midwestern Baptist Theological Seminary in 1976 and a Doctorate of Ministry Degree from Luther Rice Seminary. Dr. Cooper has served as pastor to Churches in Texas, Oklahoma, and Louisiana.

His campaign website recounts how, "Last year, John saw the constantly increasing gas prices and knew how that would affect his business and all of the country. He realized that this would be a disastrous blow to our economy, and with the help of a friend, took out a full page add in the local Newspaper protesting the unreasonably high fuel prices and began a petition drive to have the Administration and Congress act to make the U.S. more energy independent... John supports the TEA Parties and he will continue protesting the extravagant government giveaways, the reckless and speculative illusions of spending our way to prosperity, and the excessive tax burdens that our government will impose on our children and grandchildren. The continued surge in food prices and fuel prices, the collapse of a multitude of small businesses, foreclosures, and the erosion of the American Dream have made John realize that real representation of the people is required."

His priorities include, "the reduction of Big Government, dependency on foreign oil, new and better energy production, blank check spending and bailout programs leading to bankrupting our nation."

Joshua Kowert - This is Kowert's second try to unseat Ralph Hall. Mr. Kowert graduated from Austin College in Sherman, Texas , receiving his Bachelors Degree in international economics and finance in 2004, graduating Cum Laude. In May 2008, he received his Masters Degree in international economic relations, specializing in emerging markets and US foreign policy, from American University. Joshua lives in Sherman and currently teaches economics at Collin County College and Grayson County College and is a student at the Dedman School of Law at SMU. While a student at Austin College in Sherman, Texas, he helped establish the Grayson County Community Development Board, a community run program to help educate lower income families on methods of savings to help them afford to own a home of their own. He has also interned at the US House of Representatives. Kowert authors the blog, The Conservative Economist.

On his campaign website's issues page, Kowert list the main issues in the campaign as, "The economy is the number one issue facing America today as everything in our daily life hinges upon the success of the American business...We, as Congress, have to do everything possible to help build small businesses and keep the ones we already have moving. It is essential to not burden small business with new taxes, obligations, and mandates to the federal government that only hinder not help their situation...We need to find a balance between promoting trade, but not losing jobs at home. We need to work on international business relations, and attracting foreign companies to make their homes here in the USA."

His other priorities include, healthcare, education, defense, energy independence and eliminating earmarks.

Jerry Ray (Tea) Hall Hall, who is no relation to Congressman Ralph Hall, added "Tea" to his name on the ballot to identify himself with the Tea Party movement. This is his second attempt to unseat the congressman; Jerry Hall had previously run against Rep. Hall in 1996, but was soundly beaten after Republican Senator Phil Graham endorsed and campaigned for then Democrat Ralph Hall.

Jerry Hall is a businessman from Rockwall who is running on a platform of securing the border, deporting illegal aliens, killing affirmative action, cutting corporate and personal taxes, putting "God back in our courts, schools and communities", and teaching creationism.

Earlier this week, The Dallas Morning News reported that Jerry Hall had pledged to put over $350,000 of his own money in his campaign fund to match Ralph Hall dollar for dollar. Mr. Hall's campaign website is at www.jerryhallforcongress.org.

Bill

On Monday, Attorney Sajeel Khaleel filed his petition for a run or Collin County Court at Law #3 in the Democratic Party primary. From his campaign website:

Sajeel Khaleel was born in Albany, New York, but Collin County has been his home since 1997. He graduated as the salutatorian of his high school class and went on to receive his Bachelor of Arts in Biology with honors from Boston University. He embarked upon an opportunity in the IT sector near Telecom Corridor in 1996 where he negotiated hundreds of business contracts and employment agreements over the course of the next three years.

A retired professor from Columbia University School of Law befriended Sajeel and began teaching him the basics of a legal education. Sajeel's mother then approached him to help her present a racial- and gender-based discrimination case against her employer. After successfully settling this case, he attended law school at Southern Methodist University School of Law, graduating in May 2002. He became licensed in November 2002.

After receiving his law license, Sajeel went on to establish a successful general practice doing primarily criminal defense, family law, immigration and litigation. He has represented people in the Collin, Dallas, Tarrant and Denton County courts. Further, he has represented clients before the U.S. District Courts in the Northern and Eastern Districts of Texas.

He has consistently been involved with community service activities on a variety of levels. He helped introduce a mock trial program, writing an entire script on more current social characters, to elementary students while in law school. He was an adviser to MLFA, a peacemaker organization that assists individuals who have suffered from discrimination. He is currently a member of the Dallas Peace Center. He has provided several legal services to synagogues and mosques. Further, he has assisted individuals who have suffered from domestic violence, cruelty and trafficking. Currently, he is working with a variety of organizations to assist 26 individuals who were trafficked into the U.S. and are in a situation, which is best described as modern-day slavery.

Sajeel, his wife and their two children (ages 4 and 2) live in McKinney, TX.

The Race for Justice of the Peace 4 (Frisco area)

Posted on January 3, 2010 by Hunter Biederman / Frisco DWI Lawyer Blog

This year's Republican primary is set to be contested for the Justice of the Peace, Precinct 4. Justices of the Peace's primary function is to hold civil court both justice and small civil claims. They also can preside over weddings. JP-4 handles tons of Toll Booth violations as well.

I understand there are 3 candidates, and I only personally know two. Kelley Adley, and Mike Yarbrough, the current sitting JP. Below is a profile on both candidates. I will add any additional candidates including Doug Reeves later once I see websites up, or learn more about them.

KELLEY ADLEY

Kelley Adley works in the County Court and has served as a Senior Criminal Investigator for the Collin County District Attorney’s Office, where his responsibilities included reviewing police reports, gathering criminal evidence and documentation, interviewing victims for criminal trial testimony, business and medical record affidavits, and issuing and serving subpoenas. Additionally, Adley is a Volunteer Firefighter in Prosper. While serving the community, Adley earned his MBA from LaTourneau University.

"I want to restore integrity and honesty to the office while reestablishing accountability. Together we can tackle the issues facing local families and the community. The schools need our help with truancy and minor offenses. Our children are our future and keeping them on the right track is vitally important.

I pledge to work full-time with real production. I will have an open door policy and will respond to all questions and concerns of all the people of Precinct 4. We must address real issues and solutions. Join with me in reestablishing JP Court Precinct 4 as 'the People’s Court'."

More about Mr. Adley can be found on his campaign website at www.kelleyadley.com.

MIKE YARBROUGH

Mike Yarbrough is the current sitting JP of the court. He has held this position since 1998. Mr. Yarbrough holds a B.A. in political science from the University of New Mexico earned a J.D. from California Western School of Law, San Diego. He earned these degrees degrees while serving in the United States Marine Corps and retired as a Major.

Prior to serving as a JP, he has has served as a federal and state prosecutor, law professor at the
University of Oklahoma, municipal judge, a Department of Defense Ethics Counselor and legal liaison, as well as running a private law practice.

More about Mr. Yarbrough can be found on his campaign website at www.judgemikeyarbrough.com.

PAST ARTICLES ON COUNTY RACES

• Collin County Campaign Websites
• Collin County Court 2
• Collin County Court 3 (Collin County Observer)
• Collin County Court 4
• Collin County Court 6
• 219th District Court
• 296th District Court
• Collin County District Attorney
• Collin County Legislative races (Collin County Observer)
• Collin County Commissioners Court (Collin County Observer)
• State Board of Education (Collin County Observer)

Hunter Biederman is a DWI / Criminal Defense Attorney in Collin County. He publishes his blog (www.friscodwilawyer.com) which focuses on the Collin County and Texas legal system. He can be reached at friscolaw@gmail.com or (888) DWI-FRISCO.

From a press release by Collin County Homeland Security:

FOR IMMEDIATE RELEASE

January 5, 2010

Contact: Pamela Nishimoto, PHER Public Outreach Educator, (214)491-6855

HEALTH ADVISORY: Collin County Health Care Services Reports 1st H1N1 Flu-Related Death

(McKINNEY, Texas) – Collin County Health Care Services reports that a 28-year-old Collin County resident who died recently was infected with H1N1 flu. The male had underlying medical conditions. In order to comply with federal privacy laws, Collin County Health Care Services cannot provide additional identifying information.

The threat of H1N1 influenza remains as we continue through the flu season. The public is urged to get vaccinated, either by their primary physician, at a free H1N1? clinic Collin County is offering Saturday, January 16th from 10:00 AM to 2:00 PM at Anna High School - 1201 North Powell Parkway, or at one of 68 locations partnering with Collin County Health Care Services to provide H1N1? vaccine.

For further information regarding local H1N1 vaccine availability, the public may utilize the following resources: Collin County website at http://www.co.collin.tx.us/ and Collin County Facebook and Twitter sites; Texas Department of State Health Services (DSHS) Texas Flu Vaccine Locator at http://www.Texasflu.org; DSHS H1N1 information lines available by calling “2-1-1”; or, calling Collin County Health Care Services at (972) 548-5500.

###

+++++++

Pamela Nishimoto

PHER Public Outreach Educator

Collin County Homeland Security

3 Republicans, 2 Libertarians seeking McCall's Plano seat

Tuesday, January 5, 2010
Brandon Formby, Theodore Kim and Ian McCann / The Dallas Morning News

The hottest legislative race in Collin County will be in House District 66. Three Republicans and two Libertarians will vie to replace longtime state Rep. Brian McCall, R-Plano, who is not seeking re-election for the western Plano seat.

They include former Plano City Council member Mabrie Jackson; Wayne Richard, founder of an advertising technology firm and a group called the National Coalition for the Defense of American Sovereignty; and Van Taylor, a real estate financier and former Marine.

Libertarians Josef Novak and Benjamin Westfried will face off in a party convention in March for a spot on the November ballot.

No Democrats filed to run in any legislative races in Collin County.

In other races:

• In House District 67, veteran state Rep. Jerry Madden of Plano drew no Republican challengers. No Democrat filed for the seat, either.

• In House District 70, incumbent Republican Ken Paxton will be challenged by Libertarian David A. Johnson.

• In House District 89, incumbent Republican Jodie Laubenberg had no challengers in any party.

• In state Senate District 8, longtime Republican Sen. Florence Shapiro, R-Plano, will face David Hall, a former Plano school board candidate and self-described futurist, in the GOP primary.

link to article at The Dallas Morning News....

Collin County judge race reflects GOP divide, heads up packed primary ballot

Monday, January 4, 2010
By ED HOUSEWRIGHT / The Dallas Morning News

The primary campaign in the race for Collin County judge may center on whether conservatism in the Republican stronghold has gone too far.

Keith Self, who as county judge heads the Commissioners Court, touts himself as a staunch fiscal conservative who's helped lower the tax rate and reduce the growth of spending.

His challenger, John Muns, calls Self an extreme right-winger whose views jeopardize county services and quality of life.

"Keith has done a minimal amount of anything, except keeping taxes low," said Muns, a longtime Plano school trustee.

Self and Muns agree their race will offer Republican voters a stark ideological contrast.

"This is as good as it gets in terms of having a choice," Self said.

The Self-Muns race highlights a long list of contested county races in the March 2 Republican primary, for which filing ended Monday.

Commissioners Kathy Ward and Jerry Hoagland also face GOP opponents. Three candidates are vying to succeed District Attorney John Roach, who is not seeking re-election. And three candidates want to step in as district clerk to replace the retiring Hannah Kunkle.

Other contested GOP races include six judgeships and one justice of the peace seat.

Ward's opponent is Plano school trustee Duncan Webb.

Webb could not be reached for comment. On his Web site, he said he "has a proven record of community service, effective leadership and conservative values."

Ward, who won election in November 2008 to finish an unexpired term, said, "I'm looking forward to the competition."

Hoagland, a county commissioner since 1980, faces Karl Voigtsberger and Cheryl Williams.

Voigtsberger, a former engineer, ran unsuccessfully in 2008 for county tax assessor-collector. Williams served on the Plano City Council from 1995 to 1999. She owns a management and consulting firm.

In the district attorney's race, the Republican candidates are James Angelino, a Plano lawyer; Jeff Bray, senior legal adviser to the Plano police; and Greg Willis, who resigned as County Court at Law No. 6 judge to run for DA.

The GOP district clerk candidates are Patricia Crigger, Terrye Evans and Alma Hays. Crigger is the chief deputy district clerk.

Democrats, meanwhile, are fielding five candidates for Collin County office – their largest slate in more than 20 years.

David Smith, who served on the Plano City Council from 1993 to 1999, is running for county judge. He will face Self or Muns in the November general election.

Smith said he thinks Democrats are making a comeback in Collin County.

"There's a need for new leadership in Collin County government," he said.

The other Democratic candidates are Rick Koster for Precinct 2 county commissioner, Rafael De La Garza for district attorney, Sajeel S. Khaleel for judge in County Court at Law No. 3; and Rey Flores for justice of the peace.

link to the article at The Dallas Morning News....

Precinct 2 mostly encompasses east and south Collin County. It is the district currently represented by Republican Jerry Hoagland.

From a campaign press release:

Democratic activist Rick Koster enters County Commissioner race for Collin County Precinct 2

Allen, TX January 4, 2010 – Rick Koster has filed as a candidate for County Commissioner on the Democratic ticket. The Allen engineer hopes to expand citizen representation at the Collin County Commissioner's court.

“Our county will face challenges in the coming years,” the candidate said on filing. “The most important center on managing growth. It will take imagination and practical know-how to maintain the quality of our air and our access to water, and to keep our streets and highways free of congestion. County residents need to be aware of these challenges, and to participate in the debate to find solutions.”

Since graduating from Yale University with a degree in Electrical Engineering, Koster has worked for high-tech firms and the US Government. For the last 14 years he has focused professionally on the Functional Verification of digital designs. Koster has been a delegate to 2 national conventions and one state convention. He ran for the Texas State House in 2006 and currently serves as a precinct chair and president of the nascent Texas Democratic Men's Club.

“I have over 25 years of experience in the world of high technology,” says Koster. “I want to bring that perspective to handling the challenges facing Collin County.”

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Rick's campaign website is at www.rickkoster.org

Frisco homeowner association seeks to centralize city, county and school balloting

Sunday, January 3, 2010
By WENDY HUNDLEY / The Dallas Morning News

When Dudley Wilson wants to exercise his right to vote, he'd better make sure his car isn't running low on gas.

To vote in the May school board election, the Frisco resident drove to an elementary school in The Colony. Then he headed to a Frisco fire station to cast a ballot in the City Council election. Finally, he went to a local retirement community to have his say in the justice of the peace precinct alcohol referendum.

"We call it legalized voter disenfranchisement," Wilson said of the multiple polling places that he and his neighbors in western Frisco must travel to at election time.

That's because they live in three voting jurisdictions – Frisco, Denton County and the Lewisville school district – and each has its own polling place.

Wilson and his neighbors would like to simplify their election day by establishing a single polling location for elections.

They pleaded their case this month to the Lewisville school board, one of three entities that must approve their request.

Wilson, president of the Heritage Lakes homeowner association, offered the clubhouse in his gated community as a polling site for future elections.

School board secretary Cherry Carter said the clubhouse must be accessible to disabled voters and would have to be open to the public during voting hours to meet the election requirements.

Wilson said the clubhouse meets these requirements, and its use has been approved by the association's board.

The school board may vote on the measure in March when it's time to call the next election, district spokeswoman Karen Permetti said.

But Wilson and his neighbors may get a quicker response from Frisco.

City Council member Pat Fallon attended the school board meeting to speak in support of the group's request. He said the item is on the agenda for Tuesday's council meeting.

He told the Lewisville school board that "5,000 voters are being disenfranchised by having to vote in various locations."

The Denton County Elections Administration declined to comment on the group's request.

read the rest of the article at The Dallas Morning News....

It would appear that John Roach, the Collin County District Attorney wants to build his own personal SWAT Team.

On the commissioners court agenda for Monday morning is item AI-31289. Listed under "Decisions mandated by legal entities outside of commissioners court authority", item AI-31289 reads, "Budget amendment in the amount of $25,306.46 utilizing Drug Forfeiture fund to purchase equipment for the District Attorney Emergency Response Team."

So what 'equipment' does the DA's Rapid Response Team need?

How about:

2 DPMS "AP4" 5.56 caliber Panther Carbines
2 Remington Model 870 12 gauge shotguns with 7 round magazines, pistol grips and folding stocks.
2 LED lights for the shotguns
2 Tactical Ballistic shields
10 Ballistic helmets
2 shoulder ammo bandoleers (a la Pancho Villa?)
2 Blackhawk Tactical backpack kits, includes a heavy duty ram, a bolt cutter and a hooligan tool (for breaking down doors).
6,000 rounds of 5.56 caliber NATO ammunition.
etc....

Wow! It sure looks like Collin County is planning on training some really bad ass prosecutors.

The District Attorney's request is simply pro forma. In fact, the Drug Forfeiture fund is his to spend as he sees fit as long as it is used for "the official purposes of his office". (Texas Code of Criminal Procedure, Chapter 59.06(c)1).

Texas Code of Criminal Procedure, Chapter 59.06(d)

"Proceeds awarded under this chapter to a law enforcement agency or to the attorney representing the state may be spent by the agency or the attorney after a budget for the expenditure of the proceeds has been submitted to the commissioners court or governing body of the municipality. The budget must be detailed and clearly list and define the categories of expenditures, but may not list details that would endanger the security of an investigation or prosecution. Expenditures are subject to audit provisions established under this article. A commissioners court or governing body of a municipality may not use the existence of an award to offset or decrease total salaries, expenses, and allowances that the agency or the attorney receives from the commissioners court or governing body at or after the time the proceeds are awarded. The head of the agency or attorney representing the state may not use the existence of an award to increase a salary, expense, or allowance for an employee of the attorney or agency who is budgeted by the commissioners court or governing body unless the commissioners court or governing body first approves the expenditure."

The question isn't if the DA can fund his own SWAT Team, but rather should a local DA have his own cadre of heavily armed troops? Recent articles and editorials in The Dallas Morning News have highlighted the issues surrounding the formation of little used SWAT Teams by constables, school districts and other law enforcement departments.

A recent Dallas Morning News article quoted Paul Hershey, the President of the Texas Tactical Police Officers Association saying, ""To throw SWAT uniforms and tactical vests and ballistic helmets on police officers ... and a semiautomatic machine gun in their hands ... and offer them very little training – that does not give you a SWAT team."

What it gives you are over-armed and under-trained officers who have the ready ability to escalate force levels beyond their training and expertise. Cool automatic rifles and helmets may be great for pumping up law enforcement testosterone levels, but they can also cause excessive violence.

According to the News, "Without proper training, 'my personal opinion is that some of these so-called SWAT teams put the public at greater risk by going out there and trying to handle something they shouldn't be handling,' said Lt. D.L. Hodge, who oversees the Dallas Sheriff's Department tactical team."

Perhaps a better use of the Drug Forfeiture money would be for Mr. Roach to buy another $25,000 worth of fancy office furniture, like he did in 2007. He could then order all his prosecutors and bailiffs to simply program their cell phones with 972-547-5100.

That's the number for the Collin County Sheriff's Department. They have a real SWAT team, and they're right next door to the courthouse.

Bill

Notes:

Agenda item AI-31289 with supporting documentation

When I first moved to Wylie almost 20 years ago, the town seemed to be ringed by huge junkyards. Both the north and south entrances to the town along SH 78 consisted of several of those unsightly, muddy wrecking yards. Most are gone now, and Wylie City officials have really worked hard to improve the looks of our main roads.

But one junkyard remains on the northern outskirts of town -- on Highway 78 between Lavon and Wylie.

Looking at Monday's commissioners court agenda, I was surprised to see a public hearing for a variance to approve a wrecking yard request for that same old "Millers Wrecking". Since the law regulating wrecking yard requires that they not be within 300 feet of a "church, school, park, hospital, nursing home or residence", and there is one home within that 300' radius, a variance must be granted before the junkyard permit can be issued.

According to staff documents submitted to the commissioners, the junkyard has changed ownership, and is now engaged in buying cars from police impound lots, and salvaging the parts from those cars or export to (no kidding) Venezuela. Steven Deffibaugh, the county's Fire Marshall inspected the site, and reported that the new owner has ",made tremendous improvement on the property and repairs to the fence and ground itself".

Deffibaugh, however, also noted that, "This has been a site of numerous complaints from neighbors concerning wrecking yard operations."

Before I came to an opinion on the merits of granting the variance, I thought I'd find out what position of the City of Wylie would take on the issue.

I called my councilman. He didn't know anything about a public hearing, I called another councilman - same response. It turns out that the county never informed Wylie City officials that there would be a public hearing on this known nuisance. I have tried to contact Lavon city officials, but since it was a holiday weekend, my efforts were not successful.

It would seem only reasonable for the county commissioners court to hold up on any public hearing on this until after they have notified the City of Wylie, the city of Lavon and nearby property owners. It would also behoove the commissioners court to order a review of their policies so that all interested parties are notified af any public hearing that they may have an interest in.

Bill

Notes:

Agenda item AI-31884 Public Hearing - Application for Junkyards, Automotive Wrecking and Salvage Yards located at 10999 Hwy 78, Lavon, Texas, fire Marshall, along with supporting documentation.

Letter from the Fire Marshall to the Commissioners Court recommending approval of the permit.

From a campaign Press release:

DAVID M. SMITH ANNOUNCES CANDIDACY FOR COLLIN COUNTY JUDGE

FOR IMMEDIATE RELEASE

PLANO, TX, January 4, 2010 — Former Plano City Council Member, David M. Smith, today announced his candidacy and filing for Collin County Judge in the 2010 Democratic Primary. He is thus potentially setting up a race in November between himself and incumbent Keith Self or the successful Republican Primary challenger.

"David is a strong candidate with a lot of experience. As Judge, he can provide what residents of this county really need. We are very excited about his candidacy,” affirmed Linda Magid, Tom Daley’s former U.S. congressional campaign manager.

Smith has outlined initiatives in the areas of transportation, health-care services, sustainability and government cost reduction. He has also stressed his fiscally conservative approach, proven by the tax-rate reductions and tax rebates that marked his Plano City Council tenure.

“I have known and worked closely with David for several years, and have always been impressed with his grasp and in-depth knowledge of local issues and his ability to voice the right choices for all Collin County residents,” declared Camille Hedrick, former assistant Democratic primary elections administrator.

“I seek to be a competent, pragmatic leader for Collin County government,” Smith declared. “I will focus on best serving the residents of Collin County, without adhering to any political ideology.”

BIOGRAPHY

A former three-term Plano City Council Member and manager at Electronic Data Systems (now Hewlett-Packard), David M. Smith is currently an environmental and political consultant, with clients Biozyme Remediation Technologies, Inc. and EarthShare of Texas. A native Texan and long-time resident of Collin County, Smith has extensive experience in a variety of roles in the public, private and military sectors.

Smith is the state legislative coordinator for Texas Neighborhoods Together, a coalition of homeowner and neighborhood associations including the Plano Homeowners Council and others statewide. His past political clients include a number of candidates as well as the Democratic Party of Collin County, with which he served as primary elections administrator during the previous three election cycles.

Highlights of Smith’s Plano City Council tenure include membership on the Finance Committee and following the Regional Transportation Council as an alternate member during his three terms. Smith also served on a variety of local, state and national committees focusing on public-sector information systems, telecommunications, transportation, community planning, animal services, the environment and energy.

While residing in Collin County, Smith has undertaken other civic activities such as advisory director of the Plano Chamber of Commerce and as officer of the Plano Homeowners Council and other similar associations wherever he resided within the County. With his church, he served as vice chair of the church council, building trustee, and Sunday school superintendent and teacher, as well as liaison to the troop’s Boy Scout troop.

Smith began his corporate career as engineer at Texas Instruments and ended with management positions at EDS. While at EDS, Smith also held the position of instructor in the company’s internal leadership development program. Prior to his corporate career, Smith served in United States Air Force and Texas Air National Guard civil-engineering units.

Smith was born in Port Arthur, Texas, and grew up in nearby Groves, where his father served as mayor. Smith has resided in Richardson or Plano for 30 years, 20 or which were in Collin County.

Smith earned his Bachelor of Engineering degree from Vanderbilt University, Nashville, Tennessee.

Visit www.DMS4CollinCounty.com for further information.

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The Race for the 296h District Court of Collin County

Posted on January 1, 2010 by Hunter Biederman / Frisco DWI Lawyer Blog

I found out recently that there will be a contested race for Republican Primary for the 296th District Court. The court currently held by John Roach Jr., will be contested by McKinney attorney Keith Gore. Right now, the court only hears civil cases because John Roach Jr.'s father, John Roach is the District Attorney. John Roach Sr. will be stepping down, meaning the court will now hear civil and criminal cases once again. Below are bios on the candidates. As they put up campaign websites and I gain information on their campaigns, I will post it here.

KEITH GORE

Keith Gore is a McKinney attorney in practice since 1997. Mr. Gore is a graduate of TCU and the University of Mississippi Law School. He was a former assistant district attorney in Dallas County (Chief misdemeanor prosecutor and felony prosecutor), served as prosecutor for City of Frisco, Foreman of the Grand Jury in 2008, former Municipal Court Judge, City of Trenton, Texas, and is certified to handle death penalty cases. Mr. Gore currently handles both civil litigation and criminal defense with the firm he founded, the Law Office of Keith Gore.

"The citizens of Collin County need a judge who is qualified to handle all cases filed with the court, including the most serious criminal cases, like capital murder, crimes against children and sexual assaults. I am the only candidate qualified to handle this broad range of cases."

More information can be found on his (future) website www.goreforjudge.com

JOHN ROACH, Jr.

John Roach, Jr. is the current Judge of the 296th District Court. He was elected in March 2006 and took office January 2007. He is a former partner in the firm Albin, Harrison, and Roach where the firm practiced in business and General Civil Law including Medical Malpractice Insurance Defense, Municipal Law, Business and Corporate Law, Family Law, Land Use and Zoning, Wills, and Commercial and Business Litigation.

Mr. Roach is a graduate of the University of Texas at Austin and St. Mary's University School of Law and served in the United States Marine Corps Reserves.

"I am very excited about my upcoming campaign for reelection as Judge. I enjoy the campaign trail because it allows me to talk about the court system, my philosophies about the law and get to meet so many new people. I have worked tirelessly in this position for the last 3 years and look forward to the next 4 years."

More information about Mr. Roach can be found on his (future) campaign website at www.judgeroach.org.

PAST ARTICLES ON COUNTY RACES

• Collin County Campaign Websites
• Collin County Court 2
• Collin County Court 3 (Collin County Observer)
• Collin County Court 4
• Collin County Court 6
• 219th District Court
• Collin County District Attorney
• Collin County Legislative races (Collin County Observer)
• Collin County Commissioners Court (Collin County Observer)
• State Board of Education (Collin County Observer)

Hunter Biederman is a DWI / Criminal Defense Attorney in Collin County. He publishes his blog (www.friscodwilawyer.com) which focuses on the Collin County and Texas legal system. He can be reached at friscolaw@gmail.com or (888) DWI-FRISCO.

The Collin County Observer has learned that Keith Gore, a prominent McKinney criminal defense lawyer will challenge Judge John Roach, Jr. for the Republican nomination for the 296th District Court.

Roach was first elected to the 296th in 2006, and is seeking re-election.

This race will be only the second in recent memory where a sitting district judge found himself challenged in his own primary. Until 2008, such a thing was unheard of in Collin County. In that year, Suzanne Wooten ran against and defeated incumbent Judge Charles Sandoval for the 380th District Court bench.

In recent years, Keith Gore has represented several very high profile defendants. As a court appointed capital defense attorney, he has earned the respect of the defense community.

Last year, while representing accused killer-for-hire Mark Bell, the District Attorney, John Roach, Sr. sought and had executed a search warrant on Mr. Gore's office. The raid shocked the defense community. At one hearing after the raid, more than 50 local attorneys showed up in court in support of Mr. Gore.

The Observer has learned that Gore will make a formal announcement on Monday. In his race, it is expected that he will contrast his civil, family and criminal law experience against that of Judge Roach. Since Judge Roach's father is the County District Attorney, Judge Roach's court has not heard any criminal cases. That is expected to change when the senior Mr. Roach retires at the end of 2010.

Bill

2009's top reasons why there is a Collin County Observer. Most of these stories were first covered here, a few were only covered here (listed in chronological order).

1. The Commissioners Court stepped up its battle with their Auditor, then caved. The Observer published, "Auditing - Collin County style", recounting the story behind the lawsuit. Rep. Jerry Madden filed bill to limit Auditor's authority. (it failed). After a judge twice rules against the commissioners, the county settles with its Auditor - the cost to the taxpayers is over $300,000.

2. We published a copy of a "Prevention Awareness Bulletin" distributed by the North Central Texas Fusion Center. Written by Dr. Bob Johnson, the PAB used right-wing web sites as justification for telling police agencies that it was imperative that they report on the legal activities of legal Muslin lobbying organizations. The Observer's publication of the PAB caused it to be discused in 2 Congressional hearings after formal protest by the ACLU, which led to "retraining" of local Fusion Center staff by state and federal Homeland Security officials. Since the article was written, the Fusion Center stopped issuing these bulletins, and has submitted its operating procedures to the ACLU for review and comment. Collin County's Fusion Center is now referenced nationwide as an example of how not to run a Fusion Center.

3. Judge Keith Self should have seen it coming. After all, he told the commissioners court the week before that testifying before a legislative committee was "no place for sissies." But he went before the Texas Senate's Committee on Transportation armed with only his usual slogans and sound bites. Democratic Sen. Kirk Watson and Republican Sen. John Carona made a sissy out of him.

4. Our research uncovers charges of nepotism in contracts between ADB Consulting and Bassham and Assoc. for the North Texas Fusion Center. ADB is owned by the son and daughter-in-law of Plano's congressman Sam Johnson. Collin County awards ADB over $1.1 million in no bid contracts for the Fusion Center. The Observer's coverage becomes the focus of a piece broadcast on WFAA TV

5. More research by the Observer discovers that a Justice of the Peace in Wylie issued arrest warrants and jailed more than 75 people for not returning rental DVDs on time.

6. We reported on the story of an immigrant mother who's baby was taken away immediately after birth and given to an Anglo family, even though the mother never harmed or threatened the child. A Texas appeals court overturned the Collin County court's decision. The district attorney has appealed to the Texas Supreme Court.

7. We disclosed that the Collin County Sheriff's plan to purchase 6 unmanned aerial drones is approved by the commissioners court, but ultimately shot down by the FAA.

8. After chronicling how former Judge Charles Sandoval's attempts to get appointed as a visiting judge in Collin County were torpedoed by his former judicial colleagues, the Observer discovers that Sandoval wrangled an appointment to a Dallas drug court, sparking a response from D Magazine.

9. In another appeals court reversal of a Collin County case involving an immigrant, the murder conviction of Ada Betty Cuadros-Fernandez was overturned and a new trial ordered. Ms. Cuadros-Fernandez was convicted by an all Anglo jury in the murder of a 14 month old McKinney boy. The appeals court determined that the trial court abused its discretion and did not allow the defense to challenge expert testimony and evidence. The Collin County DA has vowed to retry Ms. Cuadros-Fernandez.

10. After observing that County Judge Keith Self had opposed durn near every mobility program put before the commissioners, the Observer wondered if our county judge was Nuttier than a Corsicana Fruitcake.

11. In the first of three stories detailing issues with the DA's office, the Observer reprinted a WFAA article alleging that a wealthy DWI suspect had his case dismissed by a county prosecutor. A local defense attorney then offered his take on the flap. After the dust settled, one supervisor was demoted, and 2 others on staff resigned.

12. The second article broke the story that the DA had a grand jury investigating two local judges, one who was the leading contender in the primary race for district Attorney. Both grand jury terms have ended. It appears that no indictments were issued.

13. The Observer researched and broke a story of a visiting judge who accused the District Attorney's office of forum shopping and wasting taxpayer dollars in refusing to allow criminal defendants to plead guilty.

2009 was the second full year for The Collin County Observer, which started regular postings in July of 2007. This time last year, I posted the list of top 10 stories in 2008. They were:

10. Commissioners forcing the resignation of the Teen Court Coordinator because he was gay.

9. Commissioners refuse to enact an Equal Employment Opportunity Policy, shortly before they force the gay guy out.

8. Lovejoy ISD fighting Open Records requests, banning a parent and firing a teacher.

7. District Judge Charles Sandoval pushing experimental drugs on probationers.

6. Commissioners sitting quietly while Commissioner Hoagland rants against A-rabs and Indians.

5. Judge Mark Rusch issuing search warrants against the defense attorney in a capital case, and then refusing to recuse himself.

4. Commissioners awarding, without competitive bid, over a million dollars in federal grant money to the son of Sam Johnson for Fusion Center software.

3. DA Roach fighting against new trial of defendant sentenced to death in a trial conducted by a judge and DA who are playing coochie-coochie in secret.

2. Commissioners spending $300,000 to sue the Auditor, loosing the suit twice, and still appealing.

1. County pushing for SH 121 tolling only to have the Attorney General refuse to allow the county to get any of the $2 billion in toll funds it was promised.

Thanks to you, the loyal readers of this blog, the Collin County Observer has seen a readership growth of over 500% this year and has thousands of hits and hundreds of individual readers every day.

Thank you, and Happy New Year.

Bill

According to this editorial from The Dallas Morning News, the quality of Texas highways sunk from 8th to 17th in the nation.

In DFW toll lane miles will grow from 520 to over 3,300 miles by 2030. Many of these lanes will charge tolls in excess of $1/mile.

There are no major highway projects planned for the Collin county area that are not dependent on the collection of tolls for financing. Most of these new roads will be built and managed by private enterprise, not government. These new roads will require that they make investors a decent profit - if they don't, tolls will rise.

Collin County will be seeing its share of these managed lanes and toll roads. Frisco is already almost completely locked in by toll roads, and if the Central Expressway expansion is tolled (as is likely), all of our larger cities will be largely inaccessible without the paying of tolls.

If nothing is done, our citizens will live in continual traffic gridlock, and our air quality will worsen. Our continued growth will stall if we do not have the necessary transportation infrastructure to sustain that growth. We simply will not be able to attract major corporations, if their employees can not get to work.

Yet, we've heard very little from our County Commissioner candidates and incumbents on their plans to prevent Collin County from, in effect, becoming a "Gated Community" with a $20 price of admission in tolls for a daily commute.

It would be easy to simply place the blame on the state and federal governments. But here, in one of the fastest growing counties in the nation, just blaming someone else does nothing to solve our problems.

The Collin County Observer will be pleased to publish, unedited, any statement from a commissioners' court candidate or incumbent on planning and/or financing the needed expansion of our transportation systems.

Bill

also see:
DMN - NTTA leaders fear Dallas area's push for toll roads is moving too fast, CCO ,December 28, 2009

Mass transit sinking in Collin County?, CCO, October 11, 2009

DMN - North Texas Tollway Authority OKs rate hike, CCO, July 17, 2009

==========================

Editorial: Solutions to traffic woes are scarce

Tuesday, December 29, 2009
The Dallas Morning News Editorial Board

As if we need reminders that traffic around here is a drag.

The Texas highway system has slipped several notches in new state rankings from the free-market Reason Foundation. Rated for performance and efficiency, Texas has fallen from eighth in the nation to 17th.

The reason: urban congestion. Texas' metro highways now rank as the 11th most congested in the nation, according to the Reason analysis.

That's bad for business, bad for the air, bad for the quality of life.

At least the bad news helps remind state leaders of their negligence in protecting urban economies from the corrosive effects of impossible traffic.

Too little state money has been flowing to metro areas to complete and improve regional highway grids, and top leaders are generally bankrupt of bold, definitive ideas to reverse the trend.

That leaves North Texas with few options to building a massive system of tolled and partially tolled highways.

Just how massive may come as a shock to drivers whose monthly TollTag? charges rival their utility bills:

•Today, North Texas has 520 miles of tolled lanes.

•In 2030, the region is expected to have 3,379 miles of tolled lanes.

Those include hybrid projects like the massive LBJ rebuild, which will provide free lanes as well as toll lanes for drivers willing to pay for guaranteed speed. That's a useful traffic-management tool, even if people with toll fatigue won't see it that way.

It's hard to get state lawmakers to admit it, but the widening web of tollways is preordained by their refusal to boost the main source of state road revenue: the motor fuels tax.

That tax was last raised, to 20 cents a gallon, in 1991. Since then, inflation has eroded the buying power to about 13 cents.

The Senate transportation chairman, Sen. John Carona of Dallas, has the guts to call for an increase of 10 cents a gallon. But few others have been interested in discussing that obvious step, preferring to focus on new borrowing programs.

Lt. Gov. David Dewhurst is reviving talk of financing projects by borrowing against additional sales taxes that would be generated along a new roadway. He also wants to analyze whether money now dedicated to rural roads should be shifted to fighting urban congestion.

Both ideas deserve careful consideration by lawmakers, but we doubt they would bring enough money to avert a predicted cutoff of new state highway projects come 2012.

Neither do we see funding initiatives among transportation ideas announced yesterday by Sen. Kay Bailey Hutchison in her run for governor. She said she is skeptical about the need for new money and wants to concentrate on an audit of TxDOT?. Gov. Rick Perry has made it clear that he thinks roadways are underfunded, but he has stopped short of calling for specific new sources of money.

If state leaders are unwilling to own the problem and point the way to a solution, they may someday have to deal with a threat that Carona pointed out in the Reason study: Mississippi is gaining on us.

link to this editorial at The Dallas Morning News....

Rey Flores has filed in the Democratic Primary for Justice of the Peace, Precinct 3-2, which is the seat held by 9 year incumbent John Payton. Judge Payton, first elected in 1990 is running for re-election to his 3rd full 4 year term, and assuming he doesn't have a primary opponent, will face Mr. Flores in the November election. Mr. Flores' campaign web site is www.floresforjp.com

Bill

From a campaign press release --

Rey Flores files for Democratic Party nomination to become Justice of the Peace for Collin County Precinct 3, Place 2

FOR IMMEDIATE RELEASE
December 29, 2009

Rey Flores, a 17 year Collin County resident with 27 years of experience in the criminal justice system, announced today that he is running for Justice of the Peace, Precinct 3, Place 2 in Collin County.

“Today, I am announcing my candidacy for Justice of the Peace. I do so for a number of reasons:

First, I have 27 years of experience working within the criminal justice system. As a former Adult Probation Officer in Dallas County, I have been deeply involved in the court process negotiating with both prosecutors and defense attorneys in recommending possible case dispositions. My criminal justice career has included holding positions requiring me to not only supervise those that go outside the law, but also to manage officers charged with supervising the adult probationers.

Second, I have great interest in young people that too often fail to see the value of education and become truants. Unfortunately, the result of such behavior too often ends up in misdemeanor and felony courts later, at great expense to the taxpayer.

Third, I believe Collin County residents should have a qualified choice in deciding who will best serve them in the position of Justice of the Peace.

I believe the Justice of the Peace position is one that provides the opportunity to intervene early and to change the course of young people’s lives. I have the work and life experience, the education, and maturity to serve Collin County well as Justice of the Peace for Precinct 3, Place 2.”

Upon coming to Dallas in 1978, Mr. Flores was hired by the Dallas Adult Probation Department (now known as the Dallas Community Supervision and Corrections Department). He conducted casework on adult probationers on supervision for cases that varied from murder to criminal mischief and everything in between.

In 27 years as an officer, Flores rose in position and responsibility from caseworker, to assistant supervisor, supervisor and finished service as Unit Manager & Administrator.

Rey Flores has an impressive professional background in criminal justice that is well suited to the position of Justice of the Peace that he is seeking, as Flores has the following experience:

• As an administrator, Flores had supervision and oversight of staff conducting work in 15 felony courts and 11 misdemeanor courts.
• Served on the initial taskforce charged with creating the first drug court in the State of Texas, and then went on to supervise and create programming for that court and a subsequent felony re-entry court.
• Supervised staff conducting internal counseling programs, inpatient drug treatment programs, a restitution center and a reporting center geared to provide education and numerous living skills.
• Supervised the internal officer training program and conducted the State required officer training certification.
• Served as a facilitator for the National Association of Drug Court Professionals, providing instruction and direction to judges, prosecutors, defense attorneys and other court staff interested in developing their own drug courts.

Rey Flores has an exceptional history of community involvement:

• Dallas County Community Action Board
• Dallas County Youth Services Advisory Board
• El Centro College Hispanic Advisory Board
• Promise House Board of Directors
• Metroplex School Advisory Committee
• Dallas County DWI Taskforce
• Eastfield College Social Work Substance Abuse Advisory Board
• Criminal Justice Work Group of the Coalition for the Mentally Ill
  Dallas County Charitable Campaign Employees Committee

###

You might be surprised to learn that the Collin County Jail is the largest provider of mental health services in Collin County.

The cost to our taxpayers and our society is enormous - and growing. What is the cost to our communities? What can be done to reduce recidivism, prevent offenses and keep our neighborhoods safe? What resources are available to see that treatment is available when appropriate?

The HealthCare Committee of Collin County (HCCC) is sponsoring a panel discussion on issues of mental illness in Collin County Jails.

Panelists for the discussion will be:

• Hon. Jerry Madden – District 67 TX House of Representatives; Vice Chair, House Committee on Corrections
• Hon. Chris Oldner – Judge, 416th District Court; Administrative Judge, Collin County District Courts
• Assistant Chief Deputy Randy Clark – Collin County Sheriff’s Office
• Dr. Xiaoyan Wu – Contracted Psychiatrist, Collin County Jail
• Janie Metzinger – Mental Health America (serving an 11 county area including Collin County)
• Jane O'Brian – Collin County Adult Probation
• Lynda Wynn Drain - local defense attorney, Master-Substitute Judge for Mental Commitment Hearings since 2008

The meeting will be held Tuesday, January 5, 2010 from 7:00-9:00 p.m. at the Spring Creek Campus of Collin College, 2800 E. Spring Creek Parkway, Plano, TX 75074 in Room C103. There is no cost, and the public is invited to attend and ask questions.

This will be the fourth major panel discussion hosted by the HCCC. Previous expert panels discussed the role and financing of non-profit clinics, the need and government resources for mental health care, and the county indigent health care program. These well attended panel discussions have featured expert panelists from state and local government, elected officials and private and non-profit care givers.

The Healthcare Committee of Collin County is a nonpartisan grassroots organization focused on ensuring adequate healthcare for all residents of Collin County. The purpose of the Committee is to encourage members and others to be educated on all aspects of healthcare as it pertains to Collin County residents. All are welcome.

More information can be found on their web site, www.collinhealthcare.org

Bill

In the interest of full disclosure: I serve on the Leadership Team of the HCCC.

I believe this election is of critical importance to our county. In the most important races, voters will have the opportunity to choose several new judges, a new District Attorney, and 3 members of the County Commissioners Court.

Those whom the voters choose will have the opportunity to put a 21st century mark on the county government and its criminal justice system. I'm not sure that we are at a "tipping point", but the time seems to be ripe to take a fresh look at and possibly redefine our fiscal priorities, our system of justice and the role of government in fostering the quality of life in our communities.

In most years however, these critical races are overshadowed by top-of-the-ballot battles for Governor, President and Congress. Voters are given precious few opportunities to get to know the candidates for these 'down ballot' races. The media only superficially covers the issues that should be driving these races.

Voters, faced with a bewildering array of judicial and local offices, often make their choices based on vague name recognition or party label, or they make no choice at all.

In order for democracy to function, the electorate must be informed.

The Collin County Observer has been publishing profiles and news releases on the candidates for local office. As the primary season and then the election season progresses, we will continue to do so. We will also publish candidate questionnaires, short 5 minute interviews and we will try to encourage an online debate on the real issues facing our county.

So that the voters can see or themselves who these candidates may be beholden to, we will analyze campaign finance reports and candidate financial statements.

Tomorrow the Observer will publish the first of a series of short "Five Minute Interviews" with a candidate. We will also begin to discuss what we see as the top 5 major issues facing Collin County.

The goal is to inform and to stimulate discussion of the candidates and issues.

Stay tuned.

Bill

Family Of Victim Outraged Suspects' Bond Lowered

CBS Channel 11 / TXA Channel 21
December 27, 2009

ALLEN (CBS 11 / TXA 21) ― A North Texas family is desperate for answers after learning their son's accused murderers are free.

The accused killers posted bail after their bond amounts were reduced.

"I miss him every day, I cry every day; I miss him a lot" says Sania Khan.

It is a pain no mother ever imagines, yet one this heartbroken mother must endure.

"They took away 21 years of my life," says the mother.

Her son, 21-year-old Faran Khan, was killed last month in an Allen park. Investigators say Khan was attacked and killed while practicing cricket.

Police arrested and charged two men with his murder. Bond was set at $200,000 for each. Yet this month both suspects, Richard Hughes and Jefferson Medina-Diaz, were able to post bail after a judge reduced their bonds to $100,000 and $50,000 respectively.

"These boys don't deserve to be out in the streets, they are murderers, they are killers. What judge in his right mind would do that?" cries Sania Kahn.

Her husband Agha is equally frustrated by the move. "Instead of lowering the bond, it should've been increased."

In an effort to raise awareness about the bond reduction and in hopes of spurring a change in the legal system, a Facebook page was created. It seeks justice for Faran.

"We wanted to make sure people had a place to know what was going on and to seek the truth" explains Faran's uncle Najam Khan.

Now the victim's family is making an emotional appeal to the Collin County District Attorney, wanting to know why their son's accused killers were able to get out on reduced bonds.

"The DA needs to put pressure on the judge that these guys need to be behind bars" says Agha. "Justice has to be served, they have to do this for Faran."

Collin County District Attorney John Roach was unavailable for comment Sunday night.

read the rest of this story at CBS 11 / TXA 21....

==============================

Earlier media coverage by the Dallas Morning News at "2 held in fatal stabbing of cricket player in Allen"

Additional coverage at "Texas cricketer Faran Khan brutally killed in a park where he often practiced bowling"

My only comment is "duh!"

Bill

--------------------------

"People are going to realize that every new road in the metroplex is going to be a toll road."
NTTA vice chairman Victor Vandergriff

NTTA leaders fear Dallas area's push for toll roads is moving too fast

Sunday, December 27, 2009
By MICHAEL A. LINDENBERGER / The Dallas Morning News

As the Dallas area rushes forward in pursuit of more toll roads, warnings that it may be doing so at its own peril have been emanating from an unexpected corner: the top leaders of the North Texas Tollway Authority.

Even as the NTTA enters the final weeks of negotiations that all sides expect will conclude by Feb. 28 with a multibillion-dollar deal to build two new giant toll projects in Dallas and Tarrant counties, the agency's two top board members have been warning that the region may be moving too fast on toll roads.

"People are going to realize that every new road in the metroplex is going to be a toll road," NTTA vice chairman Victor Vandergriff said at a recent meeting of the NTTA board.

He was only exaggerating a little.

The Regional Transportation Council approves a 25-year plan for area transportation projects every five years – and the current plan has included a map with precious few free roads. Roads paid for with taxes have emerged as something of a luxury, one that the RTC no longer sees as affordable, given the rising needs and insufficient funds from Austin and Washington.

A new plan is in the works now, and officials say it could shift away from tolls.

But for now, tolls are fast becoming the dominant way local officials hope to move Dallas area residents from one place to another.

The NTTA already manages three major toll roads – the Sam Rayburn Tollway, the Bush Turnpike, and its oldest and still most lucrative, the Dallas North Tollway – and is collecting tolls on the first stages of a fourth, State Highway 161 in Dallas County.

Over the next six weeks or so, NTTA is expected to reach an agreement with the state Department of Transportation to complete Highway 161 and build the Southwest Parkway and Chisholm Trail toll roads in Tarrant County. A major expansion of the Bush Turnpike is under way now, and officials in Dallas continue to hope that NTTA will build the Trinity Parkway near downtown. State officials have said they want to add new tolled lanes to Interstate 35 between Dallas to Denton, as a means to pay for the expansion of that highway.

In addition, two major private toll roads, the region's first, are expected to begin construction during the next 18 months. The Spanish toll road developer Cintra has teamed with other investors to rebuild LBJ Freeway in Dallas and Interstate 820 and State Highway 183 in Tarrant County, and will add what will probably be the costliest toll lanes in Texas on each.

Both toll projects are expected to be completed by 2016 or sooner.

"Even our free roads will soon have a toll component," Vandergriff said.

Both Vandergriff and NTTA chairman Paul Wageman, who has also voiced reservations about the extent of tolling in Dallas, say toll roads are essential as Texas tries to keep traffic moving in the fifth-largest metropolitan area in the U.S.

But they worry that adding too many tolls, too quickly, could erode the one thing that makes them such a valuable tool in the first place: the willingness of drivers to pay their tolls.

"I do have concerns ... that the public will only tolerate a certain amount of tolling," Wageman told reporters at a news briefing in Arlington earlier this month. "We understand that to get the roads built, there is going to be a tolling component [to help pay for them]. But we are concerned because ultimately we must have public receptivity to tolling. We do not want to be in a position where that receptivity goes away, as that ultimately affects the business we are in."

Toll roads remain a daily trade-off for hundreds of thousands of NTTA customers, who pay to save valuable time getting to work or the airport or to a meeting after school.

But will they remain popular, in the face of rising rates and as they spread to every corner of the region?

Vandergriff and Wageman voiced their worries separately this month as negotiations over Southwest Parkway and Highway 161 accelerated and brought into focus the debt required to build those roads, on top of the $7 billion NTTA already owes.

All that debt will be paid for by tolls – and if the tolls don't produce enough revenue to satisfy bondholders, the rates would probably have to jump, just as they did earlier this year when NTTA increased rates by about 23 percent.

But raising rates will only work if enough drivers are willing to pay the higher rates to offset those who abandon the toll roads.

read the rest of this article at The Dallas Morning News....

I will be celebrating Christmas with my family today and tomorrow.

I want to wish all the loyal readers of the Collin County Observer

Happy Holidays

Our wish is that you and those you love have a lovely holiday and a wonderful New Year.

The Collin County Observer will be back on December 26th.

Bill

Webb announces bid for county court seat

By Staff reports / Plano Star-Courier
Thursday, December 17, 2009

On Wednesday, Duncan Webb filed as a candidate for the office of Collin County Commissioner, Precinct 4 in the Republican Party primary.

Webb decided to run because he feels that "Collin County is at a crossroads, and needs strong civic leadership, integrity and business experience to lead the county out of the worst economic downturn since the Great Depression." He said conservative fiscal policies alone will not keep the county's tax rates low. It will require innovation, efficiency and cooperation to keep taxes low, government minimal and economic development and job creation strong.

During Webb's 12 years on the Board of Trustees for Plano ISD, the district experienced substantial student growth and diversification, increasing state recapture of its property taxes and increasing costs. Through his hard work, fiscal responsibility and innovation, Webb helped keep the district's property tax rate among the lowest in the region while retaining its recognition as one of the best public school systems in the nation.

Webb said his unique qualifications will help him address the issues facing Collin County. Those qualifications include his years of community service and his experience in representing businesses and professionals in legal, financial and real estate matters.

"I feel strongly that my legal experience and training in representing clients in business matters has served me well. My philosophy of listening to all sides, being well-informed, keeping an open mind and balancing the variables to come up with an appropriate solution is at the core of my success," Webb said.

For the past 15 years, Webb has been the president and sole shareholder of the law firm of Webb & Webb, P.C., located in Plano. He has been a Plano resident for almost 27 years. Duncan and his wife, Beth, have two daughters who both graduated from Plano West Senior High School. The Webbs are longtime active members of Christ United Methodist Church in Plano.

The two are well known for their leadership roles in their church and numerous community organizations including the Medical Center of Plano; Plano ISD Educational Foundation; The Junior League of Plano; Assistance Center of Collin County; Plano Library Advisory Board; Leadership Plano Advisory Board; Plano Family YMCA Board of Directors and The Classics Board of Directors.

The Webbs were recently honored by the Plano Chamber of Commerce as the "2008 Plano Citizens of the Year." Previously, the Webb family was chosen by the Plano Family YMCA as "1997 Plano Family of the Year."

Read the story at the Plano Star-Courier....

Michael Handley at The Democratic Blog of Collin County reports on a press conference held today at the Collin County Democratic Party headquarters.

At the press conference, the Democratic candidate for District Attorney J. Eric Reed withdrew from the race and endorsed Rafael De La Garza, who withdrew as a GOP candidate and filed for a place on the Democratic Party ballot.

Mr. Reed distributed the following press release:

PRESS RELEASE FROM THE JOHN ERIC REED CAMPAIGN FOR COLLIN COUNTY DISTRICT ATTORNEY

Good Morning my name is John Eric Reed.

For the past 15 years, I have devoted myself to the practice of Criminal Law in North Texas. Throughout the course of that practice I have continually strived to use my education and abilities to stand up for the weak and protect those less fortunate from oppression and abuse. My desire to help the ordinary citizen stems from the moral values that I learned many years ago from my parents and from my years of service in Boy Scouts. In filing to run as a candidate for Collin County District Attorney, I sought to continue my representation of the common citizen and hoped to stimulate all of the citizens of Collin County to get involved in their local community. After analyzing the political landscape of the county, I decided that my campaign would rise above simple partisan politics and seek to involve every voter in choosing the best course for the District Attorney's office. Last week, I filed to run for Collin County District Attorney as a fiscally conservative Democrat. My goal was to bring to the District Attorney's office an aggressive and efficient approach to administering criminal justice for all of the citizens of Collin County. Shortly after launching my campaign, my wife and I learned that our son has developed a condition which will require ongoing medical treatment. Due to my commitment as a father and husband, I must withdraw my name from the ballot as a Democratic Party candidate for the office of Collin County District Attorney. Withdrawing my candidacy was an extremely difficult decision, but one that was made without regret as my first responsibility is that which I have for my family.

When I determined that I would be unable to run for the office of District Attorney, another great candidate, Raphael de la Garza, transcended partisan politics and will now represent the Democratic Party in this election. I have known Mr. De La Garza since he and I both served as Assistant District Attorneys for Dallas County. Mr. De La Garza is an 8th generation Texas native who is board certified in criminal law. In addition to his experience as an Assistant District Attorney for Dallas County, Mr. De La Garza served many distinguished years as an Assistant United States Attorney in Texas. Please join me in welcoming Mr. De La Garza as the Democratic candidate for Collin County District Attorney.

Here's a brief bio:

I am a lifelong Richardson, Texas Native. I am an enrolled member of the Choctaw nation. My family is 5 generation Texans of Reeds. I graduated Richardson High School in 1984. My father owned a business for the last 50 years in Dallas. My mother was a school teacher and home maker. I graduated from Southern Methodist University with a BS in Economics Finance, BA in Anthropology/Archeology and minor in Business Administration. I was awarded a work study fellowship scholarship to Iowa Law School at the University of Iowa. I worked as a clinical prosecutor in the Bernalillo County District Attorney in Albuquerque, NM. I was a special prosecutor to the Isleta and Laguna Pueblo Tribes in New Mexico. I served as the tribal prosecutor for the Cheyenne River Sioux Indian Nation over a jurisdiction 1/4 over the state of South Dakota. I was also the Special Assistant United States Attorney in South Dakota assigned to the Cheyenne River regarding non-Indian Criminal Activity on the Reservation. I have published articles on Criminal Law. I am a charter member of the Native American Law Enforcement Association. I have edited and published works in the field of Law and Terrorism with Dr. H. H. A. Cooper. I prosecuted the first murder case on the reservation by asserting concurrent jurisdiction with the Federal government since the case of Crow Dog and passage of the Federal Major Crimes Act in 1885. I then moved to Dallas and served as an Assistant Dallas County District Attorney. I then went into private practice of law specializing in criminal trial and appellate law since fall of 1996. I teach as a part time lecturer at UTD with Dr. Anthony Cooper in the topics of Terrorism, Negotiations, Organized Crime, Law & Ethics and Law and Psychiatry in the Inter-Disciplinary Studies Department. I have handled international, federal, military court martial cases and was selected as a Texas Super Lawyer Rising Star in 2003 and 2004. I live and practice criminal trial law and appellate law in Collin County since going into private practice.

###

Bill

From a campaign press release:

Former Republican Candidate Rafael De La Garza Files for Democratic Party Nomination to become Collin County District Attorney

FOR IMMEDIATE RELEASE

Contact: Rafael De La Garza
December 22, 2009

Former Assistant United States Attorney and Assistant Dallas County District Attorney Rafael De La Garza announces today that he has switched parties and filed for the Democratic nomination for Criminal District Attorney of Collin County. Earlier this morning, Mr. De La Garza submitted to the Collin County Republican Party a certificate of withdrawal of his previously submitted candidate filing for the Republican nomination for Collin County District Attorney.

Encouraged by his family, including his wife of 17 years, Marina, and their two sons, Rafael and Cristian, and a broad cross section of Collin County citizens, Mr. De La Garza is ready to work hard to seek justice for our rapidly growing county as Collin County Criminal District Attorney. “My family and I have felt welcomed and appreciated by the leadership of the Democratic Party of Collin County and I have decided to run as a law and order conservative Democratic candidate, who believes that justice is not a partisan matter.” Mr. De La Garza also said, “In my position as a Collin County elected official, I will make it clear that all of Collin County’s law-abiding citizens should have confidence that justice is being served.”

An Eighth-Generation Texan, De La Garza has strong and deep family roots in Texas going back to 1767, when his family established the Randado Ranch in South Texas. De La Garza’s interest in public service was sparked by his grandfather, also named Rafael De La Garza, who served as Sheriff for Jim Hogg County in the 1950’s. “Hearing my grandfather’s stories about law enforcement brought a sense of pride for me and my family,” he notes. “I believe he is the reason that I became attracted to public service at a young age.” After receiving his law degree, De La Garza worked as an Assistant District Attorney for Dallas County under Judge John Vance for more than three years. He was selected to attend the coveted “Top Gun” Prosecutorial School in Huntsville, Texas and successfully prosecuted hundreds of state criminal cases as well as over 250 criminal jury trials.

After his tenure at the Dallas District Attorney's office, De La Garza was named Assistant United States Attorney for the Western District where he was recognized for handling tough drug and gang prosecutions and for his leadership and keen ability in coordinating multi-agency federal investigations, serving in that capacity for three and a half years. De La Garza handled over 25 federal jury trials while a federal prosecutor.

In order to round out his experience, De La Garza decided to enter private practice in 2001. Having gained the experience of a prosecutor and the ability to see both sides of cases, De La Garza recognizes the right to legal counsel guaranteed under the U.S. Constitution for those that stand accused, and has defended hundreds of criminal cases. Mr. De La Garza considers the patriotic work of John Adams, one of our founding fathers and the second President of the United States, as a criminal defense lawyer in colonial America to be an example of how the criminal justice system can only function properly when all parties are adequately represented. “However, I look forward to being a prosecutor once again,” said De La Garza.

“It’s not an easy decision to eventually forego my successful law practice, which I will have to do upon the conclusion of this campaign,” De La Garza said, “but I strongly believe in public service, following my grandfather’s example, and serving as District Attorney is a good fit with my professional background.”

“I plan to use my experience as both a federal and a state prosecutor to uphold high standards in the office of District Attorney and seek justice as job number one,” said De La Garza.

As a conservative, Mr. De La Garza knows that government’s first responsibility is the protection of its citizens. When citizens do not feel safe in their homes and their neighborhoods little else matters. “As a Collin County resident, I care deeply about the issues facing our community and our citizens. As a father and husband, I also care deeply about protecting our families,” said Mr. De La Garza.
Additionally, Mr. De La Garza and his family seek to help safeguard the lives of our most vulnerable citizens, and he and his family actively support various charities in the community.

De La Garza acknowledges that campaigning for District Attorney and keeping up with the demands of his law practice will be a challenge. He added, however, that he is doing so with the full support of his family, and his track record running a successful private practice shows that the community has confidence in his abilities as a lawyer. “I will judiciously maintain my professional obligations to my current clients as I seek to represent Collin County citizens in prosecuting criminals.”

De La Garza is Board Certified in Criminal Law by the Texas Board of Legal Specialization and serves on the School Advisory Board for St. Mark Catholic School.

# # #

Frisco city officials fear battery recycler's expansion plan would worsen lead levels

Tuesday, December 22, 2009
By MATTHEW HAAG and VALERIE WIGGLESWORTH / The Dallas Morning News
Staff writer Randy Lee Loftis contributed to this report.

"Frisco conducted a health risk assessment in 1994 and a follow-up in 1995 that focused on three families who lived a few blocks north of the lead smelter and east of the new City Hall. The studies found elevated levels of lead in three children but couldn't conclusively connect them to the plant's emissions."

"'I believe we may have the distinction of having the only wastewater treatment plant in the country that ever produced hazardous waste,' Purefoy said."

Thousands of people in the heart of Frisco are exposed to toxic lead pollution from a battery recycling plant that wants to expand production.

Exide Technologies Inc. operates the decades-old lead smelter that's flanked by Frisco's downtown, a high school and several neighborhoods and businesses. Its lead emissions make Collin County one of only 18 counties nationwide not expected to meet new, more stringent air-quality standards. It is expected to be the only such designation in the south-central United States.

Recent research shows that lead poses a greater risk to people than scientists once thought. And it's especially detrimental to children, who can suffer from learning problems, diminished IQs and brain damage.

Exide, whose plant is not in violation of current air-quality standards, responded to only a few specific questions. Exide also declined a request to make available Don Barar, its plant manager in Frisco.

The company issued a brief statement that said in part: "The desire and intent of Exide Technologies is to operate responsibly and in compliance with applicable regulatory requirements."

Frisco officials object to the production increase and are challenging Exide's plans through a trial-like contested case hearing with state regulators. Their letter to state officials says the expansion "will have a negative impact on the City and its residents."

Late this summer, Exide officials proposed spending more than $1.3 million to reduce the plant's lead air emissions in hopes of moving its application forward. The projects outlined in documents sent to the state would capture so-called fugitive emissions – the lead released through cracks in a building or by vehicle traffic leaving the plant.

But City Manager George Purefoy said, "I don't understand logically how they can increase production and not increase the amount of emissions going out of the stacks."

City grew up with plant

Frisco is in a unique position: Few, if any, burgeoning suburban cities nationwide have a lead smelter in the middle of town.

Gould-National Battery Inc. originally built the plant in 1964 on 55 acres along South Fifth Street with views of rolling prairies. At the time, the city's population was less than 1,900.

But Frisco grew up. Farmland has been eaten up by subdivisions. And the city's population has exploded to more than 106,000.

Exide Technologies acquired the plant in 2000. It's one of nine battery recycling plants worldwide operated by the company based in Milton, Ga. It employs 130 people.

The Frisco plant crushes used automotive and industrial batteries, uses heat to extract the lead and converts it into lead oxide to make recycled batteries. The process releases some of the lead into the environment.

A year ago, Exide submitted a request to the Texas Commission on Environmental Quality to allow the Frisco plant to break down more batteries. Finished lead production limits would increase to 500 tons a day, up from the current limit of 400 tons a day.

The commission is still reviewing the request. Officials there said they cannot comment on pending permits.

A key question remains unanswered: What impact would a production increase at Exide's plant have on already elevated lead-pollution levels?

In its application to the state, Exide said its production change wouldn't increase the plant's lead emissions, but it didn't offer any evidence.

Exide's 100-page application to Texas regulators didn't include an air modeling study – common in such applications – that estimates lead levels in the air around the smelter.

In addition, the map Exide sent to state regulators to show what's near the plant is so outdated that the Dallas North Tollway isn't listed. Neither are Pizza Hut Park, Frisco Square, Frisco High School and several newer neighborhoods.

Purefoy said the city didn't know about the expansion proposal until after Exide submitted it in October 2008. Later that month, Purefoy fired off an e-mail to Mayor Maher Maso after a meeting with Barar, the plant manager.

"I told him that the city was committed to reducing the emissions falling on our citizens every minute from the plant," Purefoy wrote. "And if Exide wasn't committed to the same goal, then the relationship between the city and Exide was taking a dramatic change of course."

Stricter standards

In November 2008, the EPA gave notice that the federal air-quality standard for lead emissions would become 10 times more stringent – from 1.5 micrograms of lead per cubic meter of air to 0.15 micrograms per cubic meter.

"After being quiet for 15 years on the lead front, it's now a priority for the EPA," said Guy Donaldson, chief of the planning section for the agency's Region 6, which covers a five-state area that includes Texas. "It's happening now because the scientific evidence says you have health effects at these levels."

The new standard for lead, which wouldn't be enforced in Collin County until 2012, is the level expected to protect public health.

A monitoring station on Exide's property recorded violations of the 1.5 standard in 1985, 1989 and 1990. The plant, then operated by another company, received violation notices in 1989 and 1990. A year later, the EPA designated the facility a nonattainment area, meaning it violated air-quality standards. The area was declared back in compliance in 1999.

The new proposed nonattainment area is at least twice as big as the one designated in 1991.

'Any exposure is bad'

In recent years, the tools for measuring the effects of lead exposure in people have become more precise, allowing scientists to detect lower levels in blood and measure damage in greater detail.

"Lead is toxic even at the lowest levels we can measure," said Philip Landrigan, an international leader in public health and a pediatrician at Mount Sinai Medical Center in New York. "Any exposure is bad, but more exposure is worse."

Health effects are particularly acute in children, who breathe in more air than adults relative to their size. Lead exposure can cause learning disabilities, decreased growth, hyperactivity and brain damage.

In adults, high lead levels can contribute to high blood pressure and heart disease. Pregnant women exposed to lead also put their unborn babies at risk.

While lead-poisoning symptoms aren't always apparent, Landrigan said, there could be some underlying health effects. The only way to know for sure is to test the amount of lead in a person's blood, he said.

Frisco conducted a health risk assessment in 1994 and a follow-up in 1995 that focused on three families who lived a few blocks north of the lead smelter and east of the new City Hall. The studies found elevated levels of lead in three children but couldn't conclusively connect them to the plant's emissions.

Purefoy, Frisco's city manager, said last month that he hopes to conduct a larger health study to determine any effects from lead.

read the rest of this informative article on The Dallas Morning News' website....

On December 3, 2009 a man was brought before Judge Jill Willis's 429th District Court. Visiting Judge John McCraw was on the bench. The defendant, Robert Lee Blackburn was charged with 4 felonies after he bit a Plano Police officer while being arrested for possession of cocaine.

Blackburn wanted to plead guilty to all 4 charges. Judge McCraw was asking Blackburn if he understood what a plea of guilty could mean when John Rolater, the Chief of the District Attorney's Appellate Division, objected. Rolater demanded a jury trial, and accused Judge McCraw of holding a bench trial (a trial where a judge, not a jury renders a verdict).

The Judge responded saying, "Sir, I'm not conducting a bench trial. I'm accepting his constitutional right to enter a plea before the Court. I would submit the United States Constitution allows a defendant the right to enter a plea based on the Court's request and to avoid needless four jury trials and have at least a couple of hundred county citizens come forward [as potential jurors, (ed.)] and waive their right to make any type of living that day and costing the county some $5,000 per trial. I don't understand why the State is refusing to allow the defendant... to enter a plea of guilty."

Later in the verbal exchange, Judge McCraw asked Mr. Rolater, "So the State wants to control who sets the punishment hearing. Is that w