The Collin County Observer

The Collin County Observer is taking a few days R & R.

I will resume posting later this week.

Don't forget that early voting begins today for local city, school board and the Collin College Board.

Sample ballots and early voting locations can be found at the Collin County Elections Department website.

Thank you all for reading the Observer and for your patience.

Bill

Fairness gets upstaged in courtroom soap opera

The Austin American Statesman Editorial Board
Tuesday April 20, 2010

The evidence the state amassed against convicted murderer Charles Dean Hood was formidable.

His fingerprints were found at the scene of the bloody double homicide in Collin County. Hood pawned the victims' jewelry and cashed the victims' checks. Hood used the victims' credit cards, and he was apprehended driving a victim's Cadillac, 800 miles from the crime scene.

Despite the evidence, Hood says he didn't kill Ronald Williamson, his employer, or Tracie Lynn Wallace, Williamson's girlfriend. Williamson was 46 when he was killed at his Plano home in 1989; Wallace was 26. They died bloody deaths and deserve justice.

Unfortunately, a sordid set of circumstances involving an illicit love affair between the judge who presided over the trial and the district attorney who prosecuted Hood raises significant questions about the conviction, which otherwise would have been a slam dunk.

The legal standard for conviction is not "he probably did it," but in this case that appears to be good enough. It shouldn't be. Maybe a criminal justice system run by fallible human beings can't achieve perfection, but it should be fair.

No one could argue credibly that Hood is a victim of bad luck or coincidence. A credible argument could be made — and has been made by a bevy of judicial experts and ethicists — that the romantic relationship between then-state District Judge Verla Sue Holland and then-Collin County District Attorney Tom O'Connell Jr. casts doubt on the fairness of the proceedings. The affair was over by the time of trial, but the two remained close friends.

The U.S. Supreme Court on Monday refused, without comment, to hear Hood's appeal.

The Texas Court of Criminal Appeals — where Holland served between 1997 and 2001 — refused Hood a new trial because he didn't raise the issue of the relationship at trial. It was a ruling that would have made Franz Kafka proud.

One reason the relationship wasn't raised sooner is that there was no way of verifying long-standing courthouse rumors of the relationship.

Holland and O'Connell acknowledged their affair only after they were subpoenaed and asked under oath about it years later. By then, the Court of Criminal Appeals — most of the members of which served with Holland — said it was too late.

The case is outrageous even by Texas standards. Former FBI Director William Sessions and former Gov. Mark White have interceded; many an expert on jurisprudence has weighed in on the case; and so far the best the system can do for Hood is provide him with a new sentencing hearing.

He was sentenced to death in 1990 and has been on death row while the soap opera has unfolded.

In all the hubbub, it's easy to overlook the families of two murder victims who are prisoners to each new wrinkle in a case that would have been settled long ago had the judge and prosecutor just let the case be decided by more objective parties. Their indiscretion again raises doubts about the way Texas administers justice.

The state's reputation as being tough on crime is well-established. There is nothing wrong with being tough on crime as long as the system is fair to those accused of it. Hood's prosecution was plenty tough, but the trial was very short on fair.

link to this editorial....

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Justice further delayed in Hood case

The Dallas Morning News Editorial Board
Wednesday April 21, 2010

The U.S. Supreme Court's decision against taking up the tawdry Charles Dean Hood murder case is disappointing to those of us who crave a watchdog against the mischief that sneaks into Texas courtrooms.

The state's appeals judges had already taken a pass on examining allegations of corrupted justice and sexual secrets kept by the Collin County judge and prosecutor in the death penalty trial. The fact that the two admitted to bed-hopping before the trial – and remaining "good friends" – wasn't enough to get the Texas Court of Criminal Appeals to consider whether the outcome was fatally flawed.

The appeals court's refusal had the look and feel of sweeping the state's dirt under the rug.

Enter the Supreme Court and a request by Hood's appellate team for a judgment on whether former Judge Verla Sue Holland and former District Attorney Tom O'Connell could have been faithful to their oaths to uphold the law and its demands for impartiality. Is it even possible for a judge to manage impartiality toward a prosecutor with whom she had been repeatedly intimate, in her home and his, when their spouses were away?

In declining to hear the case this week, the Supreme Court did not give its reasons. It's anyone's guess whether it was solely on procedural matters or whether Hood's legal team might get the fair-trial question back into federal courts, perhaps back to the high court itself.

For its part, the Court of Criminal Appeals is on record with its rationale for rejecting the argument: Hood's lawyers were too late in dredging up the affair, even though they produced sworn admissions from Holland and O'Connell. (Their depositions, incidentally, were ordered by a local judge who was sufficiently concerned about the possible miscarriage of justice.)

The case continues in state courts, but in a different vein. The appeals court postponed the latest of six execution dates based on a finding that sentencing procedures were flawed in Hood's trial. That sends the case back to the courtroom for more testimony and re-consideration of the death sentence. That means the possibility of the affair finally being aired in open court – perhaps even testimony by the one-time lovers themselves.

This all is a glaring case of justice delayed, which is a shame on the court system. Mostly, it's a shame for the families of the two murder victims, Ronald Williamson and Tracie Lynn Wallace of Plano.

Their loved ones sat through Hood's trial in 1990 and have waited 20 years for finality – whatever that turns out to mean.

Evidence at trial convinced a jury of Hood's guilt. That finding we don't question. He appears to be a dangerous man with the blood of two people on his hands.

But shortcuts to justice can't be tolerated, even when it comes to unsavory people. Leaving the door open to corrupted justice makes everyone vulnerable.

link to this editorial.....

The US Supreme Court has refused to hear an appeal from convicted murderer Charles Dean Hood. Hood's attorneys had asked the court to order a new trial based on the admission of the judge and District Attorney that they had previously been in an adulterous affair.

While the court's decision will mean Hood will not get a new trial on the facts of the case, a Texas Court has already ordered a new sentencing trial based on other technical issues.

Bill

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Supreme Court Rejects Appeal by Charles Dean Hood in Case of Prosecutor and Judge Making Beast With Two Backs

Monday, April 19, 2010
From Bloomberg: By Greg Stohr

April 19 (Bloomberg) -- The U.S. Supreme Court rejected an appeal from a convicted double murderer who said his Texas trial was tainted because the judge and prosecutor previously had a sexual relationship.

The justices today left intact a Texas appeals court’s refusal to reopen Charles Dean Hood’s case.

Hood, 40, contended that the affair between Judge Verla Sue Holland and Thomas S. O’Connell Jr. had cast a “deep shadow” over the Texas criminal justice system and violated his constitutional rights. Dozens of ethicists and former judges, state officials and prosecutors -- including former FBI Director William S. Sessions -- urged the court to take up the case.

“We believe his case was marred by a fundamental misjustice,” said Andrea Keilen, the director of the Texas Defender Service, which represents Hood. She said in a statement that she was “disheartened” by the rejection.

Hood was convicted in 1990 of killing his boss and his boss’s girlfriend in the house the three shared. His lawyers say they didn’t have firm evidence of the long-rumored affair until 2008, shortly before he was scheduled to be executed.

Collin County Criminal District Attorney John R. Roach said that Hood’s lawyers had reason to suspect the affair years earlier and that they waited too long to raise the issue in court. Roach argued that Hood had previously filed seven so- called habeas corpus petitions seeking to overturn his conviction.

The issue “should have been raised, addressed and resolved many years ago,” Roach argued.

Holland and O’Connell eventually testified that they were involved in a relationship for several years in the 1980s and had been in love with one another. Both were married.

A Texas court threw out Hood’s death sentence on unrelated grounds earlier this year.
The case is Hood v. Texas, 09-8610.

On today's Commissioner's Court agenda are two items that will extend engineering contracts to allow for work on their next phase.

The first contract request will amend a previously awarded a $107,219 contract to Dannenbaum Engineering for preliminary right of way studies for FM 455 (east of US 75) in Anna. The county's engineer, Ruben Delgado submitted a request to amend the contract adding an additional $1,010,792 to fund completion of plan specifications and right of way mapping.

The second contract is with Berkhoff, Hendricks and Carter, LLP for construction of the widening and relocation of Parker Rd. (FM 2514) from Murphy Rd. (FM 2551) to just past County Club Rd. (FM 1378) in Parker. The original contract amount was $174,700. The amendment is for $403,200 and will include surveys, a public meeting, preparation of a right of way map and an environmental assessment.

This is the second time Mr. Delgado has submitted these requests. Last month Judge Self and Commissioner Shaheen questioned the contract amendment. Self believed that extending a contract by adding 1000% to its cost should cause the county to look at re-evaluating the vendors and possibly resubmitting both projects to the engineering vendor selection process.

After discussion, both items were tabled to allow the county's engineering staff to review the cost of the proposals with the vendors.

Both Self and Shaheen have been very critical of state laws that prohibit a county form seeking competitive bidding on engineering contracts. Because of the state regulations, the county must first choose an engineering firm and only then negotiate costs.

In resubmitting these contract amendments, Delgado noted that negotiations with Berkhoff, Hendricks and Carter have led to a reduction of only $8,600 -- out of over $1 million in cost. In the contract with Dannenbaum, Delgado's request is actually $60,000 larger than it was last month.

Given recent reductions seen in construction costs and current budget pressure, it will be interesting to see the court's reaction to these submissions.

Bill

The North Texas Municipal Water District has begun setting stakes and erecting fencing across critical habitat at the Heard Wildlife Sanctuary in McKinney.

The NTMWD has sued the Heard to allow a half mile long, 110 foot wide swath across the sanctuary to construct a sewer line. The line will significantly impact wetlands and prairie habitat. According to the Heard, "There would be short term and long term damage to the sanctuary including displacing animals that may never return, disrupting native prairie foliage, trees and grasses, contaminating the wetlands, causing a permanent odor, and disturbing the environment for regular maintenance visits and possible emergency situations with the pipeline." The trial is tentatively scheduled to begin on May 9, in the County Court at Law #4.

According to a press release by the Heard:

"The NTMWD has staked and silt fenced the pipeline route through the sanctuary. They intend to put a 42” diameter pipeline 3,500 foot long through the prairie and under the wetlands. At this time, there are several examples of how this is already affecting the wildlife on the sanctuary:

"Two of the bird numerous boxes are currently occupied by nesting birds. The one that is in the picture below has a nesting Carolina Chickadee and these birds are protected by the migratory bird species act. There is also a Carolina Wren that is nesting and protected by the act as well. The Heard has the oldest bird banding program in the state of Texas which started in 1978. More than 25,000 birds have been documented at the Heard. There are a variety of birds that have yet to migrate to the Heard in the next few weeks.

"There are cattle egrets that roost on the sanctuary every year. Yesterday a cattle egret was seen on the road near the Heard's Science Resource Center . They have never been seen there before. This morning there were three more seen in the same area. They are being stressed and disturbed from the construction crew and trucks that have been on the sanctuary and don’t know where to go. Some of the places where they are putting up fencing is closed to the public so these are areas where the wildlife feels safe and they are now being disturbed and confused about where to go.

"There is a plant rescue group right now trying to move native plant species out of the area. These species don’t grow in many other places and the Heard doesn’t want to lose them. They include the New Jersey Tea, Yucca, Ground Plum and False Indigo."

Bill

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Notes:

Preserve the Heard Wildlife Sanctuary website

DMN - Heard museum prepares for court fight, CCO, February, 2010

Eco-terrorism: Collin County style, CCO, December, 2009

Heard museum worried about sewer line planned on property, The Dallas Morning News, December 20, 2009

Panel sides with water district on plans to run sewer line under McKinney's Heard museum, The Dallas Morning News, December 16, 2009

Heard museum in McKinney battles water district over sewer line, The Dallas Morning News, October 29, 2009

Captain Rebecca "Becky" Borton, a twenty year veteran at the Collin County Sheriff's Department, passed away April 13 at her home in McKinney.

Captain Borton was born February 8, 1965, in Electra, Texas, to Robert Milton Borton and Judith Lea Braswell Borton. She graduated from Electra High School where she was an honor student, a member of the Bengal Staff, and One-Act Play.

She attended Midwestern State University and received a BA in Education. She then moved to McKinney and was employed as a Detention Officer for the Collin County Jail. She worked her way up to Captain and had served Collin County Jail for twenty years.

She was a member of the First Baptist Church of Electra and P.E.T.A.

Survivors include her parents, Robert and Judy Borton of Electra; two sisters, Lisa Borton and Jessica Barron and husband, Willie, all of Electra; one nephew, Austin Borton of Electra; two nieces, Raven Marie and Isabella Noveline Barren of Electra; several aunts, uncles and cousins; and numerous friends.

Sheriff Terry box said of Borton, "When you lose a 20 year dedicated employee it is like losing a member of your family. She will truly be missed by all."

Her obituary is online at the Wichita Falls Times Record News.

Bill

Shed no tears for Hoagland as he exits stage

Sunday, April 18, 2010
Ed Housewright / The Dallas Morning News

For 30 years, Collin County Commissioner Jerry Hoagland has been a political lightning rod.

He's riled people with his strong, unfiltered views, whether denouncing illegal immigration or opposing greater spending on indigent health care. And voters kept re-electing him by wide margins.

Even as Hoagland approached his 70th birthday and entered his fourth decade in office, he seemed politically invincible.

No more.

Cheryl Williams, a first-time county candidate, finished off Hoagland in a runoff election Tuesday after battering him in last month's Republican primary. Facing Hoagland alone, Williams knocked him out with almost 59 percent of the vote.

"We got caught up in the anti-incumbent sentiment that prevails throughout our country," Hoagland wrote in an e-mail to supporters.

So one of Collin County's longest-serving, highest-profile elected officials finds himself a lame duck. His term ends Dec. 31.

"I'm not devastated by this loss," Hoagland said in an interview. "I just feel like the Lord has bigger and better things for me."

Hoagland, an active member of First Baptist Church of Wylie, wants to get involved in prison ministry. He said he may also sell real estate. Unlike some former politicians, he isn't interested in lobbying or consulting.

But Hoagland, who earns about $111,000 a year as a commissioner, said he doesn't have to work at all.

"I've got a good retirement plan," he said, "having been in the system 30 years."

Oversaw growth

When Hoagland took office in 1980, Collin County was a rural outpost of 144,000 people. Today, it's a teeming suburban county of almost 800,000.

During his campaign against Williams, Hoagland touted his accomplishments. He said he was proud of helping launch the Collin County Community College District, building a new courthouse, and consolidating county offices on a 250-acre complex in north McKinney.

"My wife said you can drive all over Collin County and see evidence of things I was personally involved in," Hoagland said. "That's gratifying."

Former Collin County Judge Ron Harris can relate to Hoagland's situation. Harris, who had headed the five-member Commissioners Court for 16 years, was ousted by Keith Self in 2006.

Harris supported Hoagland in his race against Williams and offered him condolences afterward.

"It's not time for Jerry to go to pasture," Harris said. "Healthwise, he's good, and mentally he's as sharp as ever."

Enjoyed it all

Harris laments the rapid, almost complete turnover on the Commissioners Court after years of stability.

For more than a decade starting in the mid-1990s, the panel consisted of Harris, Hoagland, Phyllis Cole, Jack Hatchell and Joe Jaynes.

"I refer to it as the Dream Team," Harris said.

But the team has disbanded. Jaynes will be the only remaining member starting Jan. 1.

After Self defeated Harris, Matt Shaheen ousted Cole in 2008. Hatchell died of cancer three months later and was replaced by Kathy Ward, who fell to Duncan Webb in last month's primary.

Rick Neudorff, a former Collin County Republican Party chairman, supported Williams over Hoagland. He said political change is inevitable and wasn't surprised to see Hoagland lose.

"Everyone's time comes eventually," said Neudorff, who ran unsuccessfully for county judge in 2006.

Now, it's Hoagland's turn to hand over power. But he isn't mourning or second-guessing his final campaign. He told supporters in his e-mail not to worry about him.

"It has been my honor to represent you on the Commissioners Court," he wrote. "I have enjoyed every minute of my time as an elected official."

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

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The Observer comments:

As many of the Observer's readers are aware, I ran as a Democrat against Jerry Hoagland in 2006. I did so because I disagreed with his policy positions and his long tenure on the court.

Since that election, I have had many opportunities to visit with and interview Commissioner Hoagland.

I have to admit, I enjoyed our conversations. In every case he was a gentleman who showed himself to be both extremely knowledgable on county affairs and willing to share that knowledge.

Jerry Hoagland and I differ on many issues, but I readily acknowledge his impact on the growth of the county. He cares deeply for our county -- and he has left his mark.

I wish Jerry and Annette well in their retirement. I'm sure he will continue to stay active in the affairs of our community... and our community will be the better for his involvement.

Bill

Voters push Collin County more to the right

Wednesday, April 14, 2010
By THEODORE KIM and ED HOUSEWRIGHT / The Dallas Morning News

The political pendulum may have swung again in Dallas' northern suburbs.

Less than two years after Democrats made inroads in Collin County, Republicans shifted to the right in Tuesday's primary runoff elections.

Van Taylor, who ran on an unabashed conservative platform, soundly defeated the more moderate Mabrie Jackson in the GOP primary to represent west Plano in the Texas House of Representatives.

And Cheryl Williams, a former Plano City Council member who campaigned as a "true conservative," won big over incumbent Jerry Hoagland for a seat on the Collin County Commissioners Court.

To be sure, money and an anti-incumbent air played roles as large as any political message.

Taylor injected more than $700,000 of his own money in the race, among the highest totals ever for a state House primary.

And some voters were eager for a new face to replace Hoagland, who has served for three decades.

"It was a bad year to be an incumbent," Williams said.

Still, both Taylor and Williams tapped deeply into the anti-Washington, anti-tax outrage that has manifested itself in the fervent Tea Party movement.

Although much of the simmering anger is aimed at federal leaders, activists have worked hard to endorse local candidates, often outsiders, who hew to rigid fiscally conservative principles.

"The message is that fiscal sanity needs to be applied to all levels," said Michael Openshaw of Plano, a vocal member of the North Texas Tea Party.

He compared the city of Plano's fiscal habits to "lemmings making for the cliff. Some of us are hearing the surf down there and saying, 'Can we slow down?' "

Longtimer ousted

The Tea Party insurgency also confirmed its presence Tuesday in other House races across Texas, helping to oust a key Republican who helped Speaker Joe Straus come to power last year.

Lubbock businessman Charles Perry, a Tea Party organizer, clobbered longtime state Rep. Delwin Jones, one of 10 original GOP supporters of Straus.

In another Lubbock-area runoff, John Frullo beat Mark Griffin, an establishment-backed candidate, in the race to succeed retiring Republican state Rep. Carl Isett.

The outcomes follow last month's upset of Rep. Tommy Merritt of Longview, another early Straus backer who lost in the GOP primary to a Tea Party-backed challenger, David Simpson.

Strongholds

"The two places where you really saw a strong level of Tea Party organization were in Lubbock and East Texas, the Tyler area," Austin political consultant Todd M. Smith said. "Those are the two places where the Tea Party really flexed its muscle."

Tuesday's results also illustrate the ebb and flow of politics in suburbs such as Collin County, which is a political battleground between Democratic-leaning Dallas and Republican-dominated rural areas.

The 2008 primary and general election drew record numbers of Democrats to the polls in Collin, suggesting changing times in the Republican stronghold.

But in Tuesday's runoffs, Republican voters overwhelmingly responded to a fiscal conservative message.

Taylor cultivated the Tea Party movement while bombarding the district with mailers and ads painting his GOP opponent as a liberal spender.

The strategy apparently worked.

Jackson lost despite securing the backing of Plano's Republican establishment and many business and civic groups.

Likewise, Williams, who was considered a moderate during her days on the Plano City Council, campaigned as a penny-wise outsider and received backing from Tea Party-affiliated groups.

"Both [Taylor and Williams] ran as conservative candidates," said state Rep. Jodie Laubenberg, who endorsed Taylor and Hoagland. "They succeeded because they captured the message that is reflective of the voters."

The movement, of course, has had its share of setbacks.

A number of candidates who marketed themselves as fiscal conservatives were crushed in various primary elections across North Texas on March 2.

And the Tea Party-backed candidate lost in a special election runoff last month for Plano City Council.

But the success of Taylor and Williams had been building for years.

Hints surface

The first hints of change came in 2006, when upstart Keith Self, running as a strict fiscal conservative, won the seat of county judge by toppling Ron Harris, a GOP leader who had been in office for 16 years.

Self, who is running for re-election and has Tea Party support, won the GOP nomination handily over Plano school board member John Muns.

Newcomer Matt Shaheen won a seat on the Commissioners Court two years ago, using a similar template to oust 18-year incumbent Phyllis Cole.

Laubenberg said that Taylor's victory, in particular, was telling.

House District 66 encompasses most of west Plano, which has overwhelmingly backed moderate candidates in the past.

"The tougher that times get, the more people look to pocketbook issues," Laubenberg said.

'Changing times'

Longtime Collin County Republicans like James Muns, the father of John Muns, acknowledged that political change is afoot.

"We're in changing times," said the elder Muns, who was Plano's mayor when Williams served on the City Council in the 1990s.

"When you've lived as long as I have, you've seen things go up and go down, whether it's good, bad or indifferent. The Tea Party is one of a number of groups in my lifetime that have come and gone. It's just part of politics."

Read the entire article at The Dallas Morning News....

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The Observer notes that the article should be titled, "Republican voters in Collin County push more to the right".

This last election was a Republican Party run-off -- by, of, and for Republican voters. Generally, the bulk of the Primary voters (and especially run-off voters) are committed Party members. To assume that the 4% turnout speaks for the county as a whole seems to be a bit of a stretch.

In the ONLY non-primary election this year where the Tea Party had an interest, their candidate, Kathy Fang was defeated.

However, because of the scarcity of well-financed, viable Democratic Party candidates, it is true that the results of the primary run-off will likely shift the political tone map in the county to the right.

Bill

Rodman LLC is closing, laying off 242

Dallas Business Journal - by Kerri Panchuk, Web Reporter
Wednesday, April 14, 2010

Construction services firm Rodman LLC is closing its doors and laying off 242 employees on April 30, the company said in a letter to the Texas Workforce Commission.

Frisco-based Rodman LLC said in its letter that the company has been searching for a cash infusion to keep operations going and to prevent the business from closing.

The organization said despite its best efforts, negotiations that it had planned fell through, leaving the company with no option but to close, the TWC warn letter said.

Link to article at The Dallas Business Journal....

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The Collin County Observer notes that Rodman was a major contributor to Commissioner Jerry Hoagland's failed re-election campaign.

Rodman, LLC and Rodman Paving are Collin County vendors; over the last two years, they received over $4 million from county contracts. At this time I don't know if they are working on any ongoing projects for the county and if so, how those will be affected.

The Observer has contacted county purchasing officials and I will post their responses here.

Bill

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UPDATE April 15

Frank Ybarbo, Collin County's Purchasing Agent, responded to my request about ongoing projects with Rodman with:

"We do not have any current projects in progress with Rodman, LLC. The last project we had was over a year ago and that was let on a bid for the Dallas Toll way, Extension 4A."

Bill

Holland shuts down insurer
A Texas-based company's execs are "looting the business," she says.
"The business is "owned and managed by scam artists."

By DON MECOY / NewsOK.com
Tulsa World
Published: 4/13/2010

OKLAHOMA CITY — Oklahoma Insurance Commissioner Kim Holland has taken control of a Texas-based insurance company "owned and managed by scam artists" engaged in the "ongoing looting" of the business, Holland said in court filing.

Holland claims the management of Imperial Casualty and Indemnity Co. — based in Frisco, Texas, and licensed in 47 states including Oklahoma — "is not fit to be engaged in the business of insurance." An expert retained by Holland claims in a court filing that Imperial is insolvent by more than $19.2 million.

Attempts to reach company officials or their attorney were unsuccessful. Imperial, responding to Holland's initial court filing, claims that before Holland seized the company, it was "solvent, profitable and well managed" and has not violated state law.

Imperial's officers and directors "systematically looted" the company by creating a bogus entity, General Insurance Managers Inc., to provide medical review services for Imperial, according to court documents. Imperial paid millions of dollars to General Insurance Managers, but the business did no work, the court filings stated. Imperial President Derek Lancaster has been paid $8.6 million "under the guise of this bogus services agreement," the filings say.

Click here to read the complete article at NewsOK.com.

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There is more coverage on Oklahoma's takeover of Imperial in the Dallas Business Journal. Click here to read.

Bill

Veteran Collin commissioner Hoagland loses runoff to former Plano council member Williams

Wednesday, April 14, 2010
By ED HOUSEWRIGHT / The Dallas Morning News

Challenger Cheryl Williams defeated longtime Collin County Commissioner Jerry Hoagland on Tuesday by a wide margin in a runoff election.

Williams received almost 60 percent of the vote, according to the Collin County Elections Department.

"I think we worked really hard," she said. "And I think it was a bad year to be an incumbent."

Williams, a former Plano City Council member, outpolled Hoagland in a three-person Republican primary last month.

Hoagland said he thought his long tenure worked against him.

"I think people were anti-incumbent this year," he said. "I guess we didn't communicate well enough to the public the fact that I am a fiscal conservative. I wish her nothing but the best."

Williams will face Democrat Rick Koster in the November general election. No Democrat has held Collin County elective office in more than 20 years.

"We take every opponent very seriously," she said.

Williams had labeled Hoagland a "career politician" for his 30 years in office. But Hoagland attacked Williams for moving back to Precinct 2 less than a year ago after spending a decade in Dallas County.

The two took opposite stands on a proposed rail and trucking distribution hub in rural southeastern Collin County. Hoagland, who originated the idea a year ago, said it would bring needed jobs and tax revenue.

But Williams said the massive intermodal facility would create noise and congestion and ruin the tranquil country atmosphere.

Precinct 2 includes East Plano, Murphy and Wylie.

Karl Voigtsberger, who finished third in the March 2 Republican primary, endorsed Hoagland.

Williams, meanwhile, had the backing of the Tea Party.

A second Collin County commissioner was defeated in the primary. Precinct 4 Commissioner Kathy Ward fell to Plano school board member Duncan Webb.

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

Taylor, Williams win in runoff

By Zach Markovic / Plano Star-Courier
Tuesday, April 13, 2010

Van Taylor won out convincingly over Mabrie Jackson in the State Representative District 66 race.

The primary runoff election on April 13 had six judicial positions, one state representative race and one county commissioners race. Longtime County Commissioner Jerry Hoagland was defeated by former Plano council member Cheryl Williams for the County Commissioner Precinct 2 seat.

A mere 4 percent of voters came out and voted in the runoff, down from 15 percent in the primary election.

The state representative race between former Plano City Council member Jackson and political newcomer Taylor was highly contested, seeing plenty of money spent and attacks thrown from both sides as the candidates battled it out to Election Day. In the end, Taylor won the runoff with 58 percent of the vote, beating Jackson 4,954 votes to 3,541.

He said his victory was because of the support he received from the conservative voice in Plano. Conservative groups such as the Tea Party and pro-life groups came out in support of the former Marine.

“This is a big victory for Plano conservatives,” Taylor said. “I need to spend a little time with my family and reconnect. I want to thank all of the people who made this victory possible and start building relationships so I can start going to work for the people of Plano.”

Taylor said he had a chance to speak with Jackson and wished her, her family and her campaign workers the best and congratulated them on a strong campaign.

He said in their conversation she told him she would endorse him in the November election.

Taylor will not even have to wait until next year to take his seat. Gov. Rick Perry has set up a special election on May 8 to fill the seat of Rep. Brian McCall, who recently resigned from the District 66 chair. Taylor said Jackson told him she would withdraw her name from that ballot so Taylor could run unopposed and not cause any division in the party.

Jackson did not return phone calls for comment.

The other contest closely watched by citizens in Collin County was the County Commissioner Court Precinct 2 race between incumbent Hoagland and Williams. In a hard-fought victory for the challenger, Williams won with 59 percent of the vote. She drew 2,590 votes against Hoagland’s 1,803. She said it was a difficult race, but the voters really came out in support of her views on where the county needs to head.

“I feel really honored by it and pretty humbled by the trust the citizens have given me,” Williams said. “I am very grateful for all the volunteers and workers who really came out to support me. We worked hard.”

Hoagland, a 30-year veteran of the county commissioners court, said the message was clear on what the voters wanted.

“My district voted for change today; that is very clear to me,” Hoagland said. “It has been a wonderful 30 years; I have enjoyed every minute. I wish Cheryl and the county nothing but the best.”

Many of the candidates were counting on a higher voter turnout, after a primary that saw a record-level response for a non-presidential election year. But with only 4 percent of the voters turning out, voter fatigue and confusion is being blamed as the source of low voter participation.

Terri Green, who lost to Jay Bender in the Collin County Court at Law No. 6 race, said she knew people were unaware the race was going on or if they could even vote in it. But she was happy for what her campaign accomplished and all of the hard work her volunteers put in.

“I am very thankful. I think we ran a great race; I am sorry that all my voters didn’t come back out to vote,” Green said. “Voter confusion was an issue – we were on the heel of the special elections for some cities, so I think realistically some voters were confused on what we were voting on. We are going to go on, though, and do what we were doing: continue practicing law in Collin County and serving the people who live here.”

read the rest of this article at The Plano Star-Courier....

(Almost) Final 2010 Primary Run-off Voting results

Here are combined early voting and election day results. (with 91% of precincts reporting)

Justice, Supreme Court, Place 3

Debra Lehrmann 8,756 (53.89%)
Rick Green 7,491 (46.11%)

State Representative, District 66
Van Taylor has beat former Plano city councilwoman Mabrie Jackson in one of the hardest fought, and certainly the most expensive campaigns in Collin County history. Taylor was able to pour over $700,000 of his own money into the race, easily beating Jackson in media and mail. This one is a significant win for the Tea Parties.

Mabrie Jackson 3,541 (41.68%)
Van Taylor 4,954 (58.32%)

District Judge, 219th Judicial District
Scott Becker replaces retiring Judge Curt Henderson in the 219th district court on January 1.

Angela Tucker 78,86 (48.18%)
Scott J. Becker 8,483 (51.82%)

Judge, County Court at Law No. 3
Lance Baxter will face Democrat Sajeel Khaleel in November for the bench held by retiring Judge John Barry on January 1.

Lance S. Baxter 7,723 (53.67%)
Stewart Matthews 6,668 (46.33%)

Judge, County Court at Law No. 4
Rippel handily defeats Matt Goeller. I would expect the commissioners court to now appoint David Rippel to the unexpired remainder of the term on the court. He will then begin his full term in January.

David Rippel 9541 (61.75%)
Matthew Goeller 5911 (38.25%)

Judge, County Court at Law No. 6
This is another bench where I would expect the commissioners court to appoint the victor to finish the unexpired term. Jay Bender will be the next Court at Law #6 judge.

Terri Green 6,806 (42.73%)
Jay Bender 9,121 (57.27%)

District Clerk
Patricia Crigger will keep her job at the District Clerk's office, not as second in command, but as the new District Clerk.

Alma Hays 7,403 (45.93%)
Patricia Crigger 8,714 (54.07%)

County Commissioner, Pct No. 2
Thirty year incumbant Jerry Hoagland has finally met his match. Cheryl Williams will face Democrat Rick Koster in November. I would score this as another big win for the local Tea Parties.

Cheryl Williams 2,590 (58.96%)
Jerry Hoagland 1,803 (41.04%)

Bill

Incomplete 2010 Primary Run-off Voting results

With 40% of the precinct reporting, these are combined early voting and election day results. The percentages have not changed that much over the early voting numbers, and I expect no real surprises. I'm calling the races in bold type.

Justice, Supreme Court, Place 3
Debra Lehrmann 6,382 (55.65%)
Rick Green 5,087 (44.35%)

State Representative, District 66
Van Taylor has most likely beat former Plano city councilwoman Mabrie Jackson in one of the hardest fought, and certainly the most expensive campaign in Collin County history. Taylor was able to pour over $700,000 of his own money into the race, easily beating Jackson in media and mail. This one is a significant win for the Tea Parties.

Mabrie Jackson 2,192 (42.08%)
Van Taylor 3,017 (57.92%)

District Judge, 219th Judicial District
Scott Becker looks to replace retiring Judge Curt Henderson in the 219th district court on January 1, but I'm not ready to call this one yet.

Angela Tucker 5,610 (47.95%)
Scott J. Becker 6,090 (52.05%)

Judge, County Court at Law No. 3
Lance Baxter is cruising to take the bench held by retiring Judge John Barry on January 1.

Lance S. Baxter 5,720 (55.05%)
Stewart Matthews 4,670 (44.95%)

Judge, County Court at Law No. 4
Rippel will likely handily defeat Matt Goeller. I would expect the commissioners court to now appoint David Rippel to the unexpired remainder of the term on the court. He will then begin his full term in January.

David Rippel 6,684 (60.39%)
Matthew Goeller 4,384 (39.61%)

Judge, County Court at Law No. 6
This is another bench where I would expect the commissioners court to appoint the victor to finish the unexpired term. Looks like Jay Bender will be the next Court at Law #6 judge.

Terri Green 4,912 (43.11%)
Jay Bender 6,483 (56.89%)

District Clerk
Patricia Crigger looks like she will keep her job at the District Clerk's office, not as second in command, but as the new District Clerk.

Alma Hays 5,213 (44.87%)
Patricia Crigger 6,404 (55.13%)

County Commissioner, Pct No. 2
Thirty year incumbant Jerry Hoagland looks like he finally met his match. Cheryl Williams will face Democrat Rick Koster in November. I would score this as another big win for the local Tea Parties.

Cheryl Williams 1,649 (57.96%)
Jerry Hoagland 1,196 (42.04%)

Bill

These are early voting results only.

Justice, Supreme Court, Place 3
Debra Lehrmann 5,141 (56.43%)
Rick Green 3,969 (43.57%)

State Representative, District 66
Mabrie Jackson 2,041 (42.07%)
Van Taylor 2,811 (57.93%)

District Judge, 219th Judicial District
Angela Tucker 4,327 (46.83%)
Scott J. Becker 4,913 (53.17%)

Judge, County Court at Law No. 3
Lance S. Baxter 4,580 (55.51%)
Stewart Matthews 3,671 (44.49%)

Judge, County Court at Law No. 4
David Rippel 5,267 (60.13%)
Matthew Goeller 3,493 (39.87%)

Judge, County Court at Law No. 6
Terri Green 3,936 (43.44%)
Jay Bender 5,125 (56.56%)

District Clerk
Alma Hays 4,114 (44.83%)
Patricia Crigger 5,062 (55.17%)

County Commissioner, Pct No. 2
Cheryl Williams 1,441 (57.87%)
Jerry Hoagland 1,049 (42.13%)

Some reputations you don't want.

Some you're afraid you may deserve.

For as long as I remember, Collin County has endured being criticized as the refuge of the self indulgent new rich - famous for its thousands cookie cutter McMansions, Hummers, and sushi bars, but lacking both culture and noblesse oblige.

The telecom bust of the 80's tarnished Collin's gilt lustre and for a time it appeared as if we would shed our image of parvenuian invincibility. Not so.

Not even the current recession with its accompanying unemployment and scenes of McMansions being sold at the courthouse steps has slowed our fascination with very visible excess.

Witness the latest from the tony Village of Fairview, where the average home is valued at $356,751 --

Fox News reports that there is a new movie theatre opening there in May. In iconic Collin County excess, theatre goers will be able to sample fast food such as "Maine lobster rolls followed by roasted portobello sliders and a nice gewürztraminer" along with the movie. Viewers will sit in one of only forty plush recliners which feature call buttons for food, bar or pillow service.

All for only $22 a seat, plus food and drinks. Sorry, but good taste is not on the menu.

Bill

Indications are that there will be a much higher than normal voter turnout in the Republican Party Primary Run-off on Tuesday.

The number of people voting in the Early Voting week just end was at historically high numbers. In the 5 days of early voting, 9,099 ballots were cast. That is almost twice the number of ballots cast in early voting than in 2006 (the last county-wide primary run-off). In fact, this year's early voting numbers alone exceed the total 2006 turnout - early voting and election day.

Normally about 45%-60% of ballots cast are early voting. Whether that percentage will be reflected in this election is unclear. Because of the long lines and delays many voters experienced in the March primary, some believe that the early voting percentage could be much higher.

However, as is normal, only a small percentage of those who voted in the primary are expected to show up for the run-off. In March, 28,261 early voters cast ballots in the Republican Primary, another 29,710 voted on election day.

This year's run-off has been dominated by two local races that have become very contentious.

Voters in south and south-east Collin County will choose the nominee for the commissioners Court seat held by long-time incumbant Jerry Hoagland. To his surprise, Hoagland came in second in a three way race to former Plano City Councilwoman Cheryl Williams. The winner of the run-off will face Democrat Rick Koster in November.

And voters in west Plano will choose their next State Representative for the district 66 seat previously held by Brian McCall. First place finisher and former Plano City Councilwoman Mabrie Jackson faces off against businessman Van Taylor.

Unfortunately, both races have little focused on issues, but have resorted to personal attacks, mud-slinging and debates over who is most conservative.

Other local races on the ballot that have drawn much less attention are for the 219th District Court, for 3 County Court at Law judges and for District Clerk.

There is only one statewide race on the ballot - for a Texas Supreme Court justice.

Election day is Tuesday, April 13th. The polls are open from 7 AM to 7 PM. Any registered voter can vote in the run-off, except those who voted in another party's primary in February.

Election day polling places and sample ballots are here.

Here are the races that will appear on the ballot:

State Supreme Court, Place 3:
Debra Lehrmann
Rick Green

State Representative, District 66:
Mabrie Jackson
Van Taylor

District Judge, 219th District Court:
Angela Tucker
Scott Becker

Judge, County Court at Law #3:
Lance S. Baxter
Stewart Matthews

Judge, County Court at Law #4:
David Rippel
Matthew Goeller

Judge, County Court at Law #6:
Terri Green
Jay Bender

District Clerk:
Alma Hays
Patricia Wysong Crigger

County Commissioner, Precinct 2:
Cheryl Williams
Jerry Hoagland

Bill

Sheriff Terry Box has asked the commissioners court to ratify a grant application for Bureau of Justice Assistance grant valued at up to $50,000.

The grant funds would be used by the Sheriff's Department, in collaboration with LifePath Systems, to design a "strategic collaberative plan to initiate systemic change for the identification and treatment of system-involved individuals with mental illness or co-occurring mental health or substance abuse problems."

According to Box, the end result of the planning process would be a "comprehensive jail diversion program that would include all facets of the criminal justice system and local mental healthcare providers".

The county would be expected to contribute $12,500 in matching funds.

The planning process is scheduled to be complete in September of 2011, and will allow the county to apply for and participate in another $450,000 of grant funds for implementation of a diversion system.

The costs of incarceration for mentally ill individuals is enormous. At any given time, a large percentage of the inmates in the county jail are receiving mental health medication or need to be. In fact, the Collin County jail is the largest provider of mental health service in the county.

LifePath Systems, the co-collaborator in the grant is a community-based, non-profit organization created specifically to help individuals and their families dealing with mental illnesses, intellectual disabilities and developmental delays. LifePath with funding from the NorthStar program provides much of the mental illness services to the county jail.

The Dallas Morning News published a story this weekend on Dallas' mental health diversion program. It's an interesting read.

The county is already funding a seperate study by the University of North Texas on the delivery of indigent mental healthcare services in Collin County.

Bill

Texas House race in Plano a bitter one

Saturday, April 10, 2010
By THEODORE KIM / The Dallas Morning News

"the election might tell us what the future of the Republican Party will look like."
Michael McConachie, political science professor at Collin College

After Sam Johnson beat a young Brian McCall in 1984 to represent Plano in the Texas House, McCall drove to his opponent's election party to congratulate him.

A lot has changed in politically genteel Plano as Republicans Mabrie Jackson and Van Taylor now battle to succeed McCall, who won the House seat after Johnson moved to Congress.

The battle in House District 66, which culminates in a runoff election Tuesday because no Democrat is running, has unfolded as Plano's bitterest, costliest and most intense political race in memory, observers agree.

"This is probably the lowest we have seen," said Ken Lambert, a former Plano City Council member who has not endorsed either candidate. "The way to win today's elections, it seems, is to do character assassinations."

Some believe the contest is but a testament to how Plano rarely sees contested state legislative races. Others view this year's primary as a harbinger of heated campaigns to come.

Friction evident

In a broader sense, the contest illustrates the friction between mainstream and hard-line conservatives emerging in elections nationwide.

"Mabrie, a mainstream Collin County Republican, is seen as the natural successor to Brian McCall. And here comes this new guy, this hard-line conservative, outflanking her on the right," said Michael McConachie, a political science professor at Collin College. "It's a microcosm of what the Republican Party is struggling with."

Jackson and Taylor have blasted each other's records, affiliations and ideologies on Web sites, in television ads and in political mailers.

Record amounts of campaign money have only added to the stakes and intensity.

Taylor, a real estate investor and former Marine, had lent his campaign $710,000 as of last week. Experts say the amount is staggering for a local House primary.

Few House candidates have spent more since 2000, according to figures provided by Texans for Public Justice, which tracks money in politics. And those totals were for entire general election campaigns.

Taylor is on pace to spend more of his personal wealth on the House primary than any Texas candidate this year other than Democrat Farouk Shami, who spent millions on a bid for governor, the group's research found.

Jackson, meanwhile, has spent more than $172,000 since late February, the latest campaign finance reports show.

Of the nearly $120,000 that Jackson raised in the latest filing period, more than half came from political action committees and business groups. The former Plano City Council member also received checks from homebuilder Bob Perry ($15,000) and grocery-chain mogul Charles Butt ($10,000).

Topping the mailers and money totals is a palpable sense that the candidates, generally, do not like each other.

Jackson fired the first shot a few days before the March 2 primary when she accused Taylor and a third candidate, Wayne Richard, of misrepresenting their résumés.

Taylor, who came in second in the primary but triggered a runoff election, dismissed the criticism as "negative" and "false."

Accusations flying

The salvos continued on Friday.

Jackson took aim at Taylor's personal loans, accusing him of "trying to buy this seat."

"What's he going to do with your money if that's what he's doing with his money?" she asked. "It's an insane amount of money. It's irresponsible to spend that much money on a political opportunity."

She also portrayed Taylor as an opportunist with little connection to Plano. Taylor, who grew up in Midland, ran for Congress in the Waco area in 2006.

"I'm the only one with experience in Plano," Jackson said. "He isn't beholden to anybody in Plano because he's not from here."

Taylor characterized Jackson's comments as "ridiculous."

"I live 20 miles from where I was born. My mother lives here. It's ridiculous. I have served in this community for years before this election."

Taylor, as he has in a last-minute ad campaign, painted Jackson as "courting lots of liberal groups" such as an association representing teachers that has supported Democrats and President Barack Obama. (Jackson dismissed the criticism.)

Taylor also defended his largely self-financed campaign, saying the personal loans have been "necessary to defeat these liberal interest groups that are coming into Plano and these negative, false attacks."

'Bare-knuckled'

In general, Taylor said, he believes he has run a "positive, issues-based campaign."

Others would disagree, saying both candidates have bashed each other with equal force. Plano City Council member Harry LaRosiliere, who has remained neutral in the race, said he "can't remember any race being as bare-knuckled as this."

"I certainly hope this is not the direction of our local politics," LaRosiliere said.

McConachie of Collin College noted that more is at stake than election tactics.

"Depending on which side wins," he said, "the election might tell us what the future of the Republican Party will look like."

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

at least $800,000.

That is the amount Van Taylor will likely spend in his bid to win the GOP nomination for the District 66 seat vacated by veteran Brian McCall.

It looks to be a record sum for a Texas Legislative seat, and leaves Taylor vulnerable to the charge of trying to buy a seat in the Texas Legislature.

In his latest campaign finance report filed with the Texas Ethic Commission, Taylor lists personal loans to he made to is campaign that total $710,000.

During the reporting period from February 22 to April 3, Taylor spent $326,000. Since January, his total expenditures have been over $771,000. He also reported $25,000 in contributions.

Mabrie Jackson listed expenses of $172,000 during the reporting period, and she reports she has spent about $265,000 since January 1. She also listed $116,000 in contributions from February to April.

In 2006, Van Taylor spent over a million dollars of his own money in an unsuccessful attempt to buy unseat Democrat Chet Edwards for a Waco congressional seat.

Nicholas Van Campen Taylor can afford the huge sums he puts into his divers political races. He is a heir to an oil company fortune, living on dividends from over $11 million in inherited Exxon Corp. stock and least $1 million in big pharma stock.

And there's another election yet to come after the run-off. On May 8, on city and school board election day, Van Taylor and Mabrie Jackson will once again face off at the ballot box. This time in a special election to fill the unexpired term of Brian McCall, who resigned his seat last Friday to accept the chancellorship at the Texas State University System.

The winner of the special election will fill the District 66 seat until December 31. The winner of the run-off will (since there is no Democrat in the race) serve a two year term, beginning January 1, 2011.

Bill

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

Notes:

Mabrie Jackson's campaign finance reports filed with the Texas Ethics Commission.

Van Taylor's campaign finance reports filed with the Texas Ethics Commission.

Governor Rick Perry proclamation calling a special election to be held on May 8.

All candidates in the April 13 run-off were required to file campaign finance reports detailing contributions, expenditures and loans for the period from February 22, 2010 to April 3, 2010.

Since Collin County does not post campaign finance reports online, The Collin County Observer has posted all reports by local filers. The latest reports were filed with the County Elections Department on April 3.

All have filed with the exception of David Rippel, running for County Court at Law #4. He told the Observer he thought he was supposed to file with the County Clerk's office. He did state that he would refile his last 3 reports (all misfiled) at the Elections Department by Wednesday.

The local filers are the run-off candidates for:

• County Commissioner, Precinct 2
• County Court at Law #3
• County court at Law #4
• County Court at Law #6
• District Clerk

In the Court at Law races, Jay Bender spent the most during the reporting period. His report shows $15,000 in expenditures, Stewart Matthews came in with $11,200 in expenditures. Matthews also reported $15,000 in loans to the campaign.

Terri Green raised the most money during the period. She raised $11,000 in contributions. The next highest was Jay Bender, with $6,900.

In the Commissioners court race, Cheryl Williams outspent Jerry Hoagland almost 4 to 1. She listed expenditures of $21,630 to Hoagland's $5,595. However Hoagland raised 3 times the money in contributions - $15,200 to William's $3,100.

Cheryl Williams lent her campaign over $46,000 and reported a balance of zero dollars on hand. Jerry Hoagland listed $9,800 in loans, but ends the period with over $14,000 he can still spend.

In the district Clerk's contest, Alma Hays spent $10,677 to Patricia Crigger's expenditures of $6,900.

Hays reported loans of $63,000, while Crigger listed only $2,500.

The webpage linking to all these locally filed reports is here.

The other two local races on the ballot are required to file with the Texas Ethics Commission. Click on the Candidate to link to the reports:

• Texas House of Representatives, District 66
  Van Taylor
  Mabrie Jackson
• 219th District Court
  Scott Becker
  Angela Tucker

In the race for the 219th bench, both Becker and Tucker spent about $9,000 during the reporting period. However, Scott Becker raised over $15,000 in contributions to Tucker's $6,000. Neither candidate reported outstanding loans.

The big bucks were spent in the Legislative race in West Plano. I have discussed these in my post, "The Fair Market Value of a seat in the Legislature is..."

Bill

The City of Plano and its Economic Development Corporation spend years stonewalling attempts by Jack Lagos, a citizen watchdog, to obtain EDC agendas, minutes and financial records.

Time and again they stall and raise appeals to the Texas Attorney General trying to keep the citizens of Plano from learning how their tax dollars are being spent. Time and again, the Texas Attorney General rules against the EDC.

They then file a restraining order against Mr. Lagos, charging him (frivolously) with making terrorist threats. They even cause a search warrant to be issued.

Then they go to court to try to keep him from hiring the attorney of his choice. They lose again.

Welcome to Open Government, Plano style.

Bill

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

Judge delays showdown between Plano officials, gadfly

Wednesday, April 7, 2010
By THEODORE KIM / The Dallas Morning News

A judge has put off a legal showdown between some Plano officials and a longtime gadfly.

The Plano Economic Development Board and its executive director, Sally Bane, have accused resident Jack Lagos of harassment and threats. Lagos says the board is trying to stop him from questioning its activities.

A trial was slated to start Tuesday. But state District Judge Cynthia Wheless pushed the date back to May 4, citing a busy court workload.

Not often does a quasi-public agency seek an injunction against a local resident. But the court action illustrates the depth of the sour relationship between the board and Lagos, a frequent critic of City Hall and its economic development efforts.

The claims stem from a dispute in which Lagos demanded to see certain documents at the board's West Plano headquarters in August.

Bane and administrative assistant Linda Thomason contend that Lagos' behavior became erratic and confrontational. They also allege that he threatened to set off a grenade in the board meeting room.

At the request of Bane and the board, the court later granted a temporary injunction forbidding Lagos from interacting with them and other top city officials.

Lagos has said his accusers are overreacting and taking his words out of context.

No criminal charges were filed. He said authorities subjected his house to a search but later apologized.

Central to the dispute is how much of the board's activities and documents are public. The agency, tasked with luring businesses to Plano and retaining them, is funded by city property taxes. But it operates as an independent nonprofit corporation.

City officials contend it is not subject to the same scrutiny or open meetings laws as a public agency. Lagos has fervently disputed that logic.

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

Should the principals be held liable for enforcing the Plano ISD's policy on religious expression?

The 5th Circuit will decide.

Bill

Appellate court will weigh Plano principals' role in banning religious candy canes

Wednesday, April 7, 2010
By JESSICA MEYERS / The Dallas Morning News

Plano's long-running "religious candy cane case" resurfaced today, when a federal appellate court heard arguments surrounding the responsibility of two school principals named as defendants in a religious-freedom suit.

Three judges from the 5th U.S. Circuit Court of Appeals met to hear the arguments in a packed courtroom at Southern Methodist University, where the court is based this week.

The candy cane controversy arose in 2003, when administrators at Plano’s Thomas Elementary School stopped an 8-year-old boy from distributing candy cane pens with religious messages at a winter holiday party. A year later, with assistance from the Plano-based Liberty Institute, the boy's family and three other families sued the district on free speech grounds.

The Plano school district later revised its policies to allow students to pass out religious materials at designated times and locations.

Last December, the appeals court ruled that the district’s new policy was constitutional. But it allowed a district court to determine the liability of two school principals. The district court ruled against the principals; today's session was their appeal.

The principals named in the case are Lynn Swanson from Thomas Elementary and Jackie Bomchill, the former principal of Rasor Elementary School.

Lawyers for the principals argued that a free speech violation was not “clearly established,” especially in the case of school administrators, who have jurisdiction to regulate children’s activities in schools.

“It’s like in baseball when the tie goes to the runner,” said Thomas Brandt, a lawyer for the principals. “It’s a close call. And when the law is not quite clear, qualified immunity protects officials.”

But Liberty Institute attorneys said the principals showed “viewpoint discrimination” by banning items with a religious message from events like holiday parties, while permitting other, nonreligious items.

“We are very encouraged,” Kelly Shackelford, president of Liberty Institute, said as everyone filtered out of the small, carpeted courtroom. “We finally got a day in court to get to the real issues - that elementary school kids do have First Amendment rights.”

The judges will issue a ruling in the coming months. The U.S. Supreme Court, meanwhile, will decide this summer whether to hear arguments on the constitutionality of the Plano school policy. Another aspect of the case is still being adjudicated in district court in Sherman.

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

Running for Judge

There are 4 judicial races in the run-off. One for District Judge and three in the County Courts at Law. I wonder how many voters know the difference between these courts, or can name any 2 or 3 of the eight candidates.

Voters will have one more opportunity to see and ask questions of the judicial candidates on Monday. The Collin County Bar Association will be holding a question and answer forum at noon at Ralph and Kacoo's in Allen.

Your Collin County Observer will moderate the Q and A. I'm looking forward to leading a lively discussion. The public is invited.

The Observer is trying to give the voters an opportunity to learn all they can about the courts and the candidates. I have just finished interviews with each of these candidates. Scroll below and you will find profiles of each race and each candidate.

I hope I can help make your choice less confusing.

The best political ad of the year

Plano's District 66 legislative race has certainly seen its share of mud slinging. Recently, the Mabrie Jackson side put up a clever website and 30 second TV ad about "Moving Van Taylor". Yes, I know it's an attack -- but the video IS funny.

Of course, Taylor has put up his own attack site, accusing Jackson of (guess what?) being a liberal.

Oh no, not another election!

Pity the diligent Plano voter. His/her presence was required at the polls for the Primary, the City Special Election, the city run-off, and will be for the Primary run-off, City and School elections in May, and the November general election.

Paul Burka of Texas Monthly writes of a truly scary scenario -- another Mabrie Jackson vs. Van Taylor election battle.

Burka writes, "If Jackson wins the runoff, it would not be surprising to see Taylor enter that race, since he has spent a small fortune to get his name and message out and has made no secret of his desire to run for Ralph Hall’s or Sam Johnson’s congressional seat, if either retires. The special election gives him the chance to continue to put his name before the public. Jackson conceivably might enter the race too, to get a leg up on seniority and to be able to hit the ground running in January — and, if she were to win the runoff handily, to squash Taylor permanently."

Regardless of whose running, there will be another election - on May 8 to fill Brian McCall's unexpired term. McCall has been named Chancellor of the Texas State University system.

Where do you live?

That seems to be the burning question in the Precinct 2 Commissioners Court race between incumbent Jerry Hoagland and former Plano City Councilwoman Cheryl Williams.

It's another race where the mud-slinging threatens to overwhelm the issues as Hoagland's camp continues to question if Williams really, really lives in her Richardson duplex. Rumor has it that Hoagland even has Williams' neighbor, Karl Voigtsberger spying on her duplex to make sure they come home at night.

I'm looking forward to seeing the first Peeping Tom complaint. That's got to be a terrifying thought - Karl looking in your windows!?

Meanwhile back to the issues, the Save Lake Lavon anti-bridge folks are all over Jerry Hoagland. His assurances that the bridge will never be built doesn't seem to dampen their ardor at all.

At a recent Tea Party forum in Lucas, both the anti Williams forces and the anti bridge folks were out in force. There was a lot of emotion from the crowd, and unfortunately, sometimes basic civility was lost in the discussion.

Ed Housewright at The Dallas Morning News has written an interesting piece about the Precinct 2 race. It's worth the read.

Clerking or campaigning?

Last month accusations were made that district Clerk employees were campaigning at the polls for their boss, Patricia Crigger on county time.

The Observer looked into these allegations. In an Open Records request, I asked for all the time sheets for all District Clerk employees for a two month period that included the early voting dates.

What I found was that absences were very high during early voting and leading up to election day. But all those absences were recorded as comp time, personal leave with pay, or personal leave without pay.

The Observer concluded that NO funny business was occurring on county time.

It was just another example of what I'm beginning to call "Republicans doing the nasty to each other".

This primary season has plenty of the nasty.

Bill

On Monday night, the Collin County Commissioners Court is scheduled to discuss and pass a "Resolution In Support of the Texas Attorney General and Texas Legislature in opposition to the Federal Healthcare Reform Bill."

Seeing the resolution as political posturing, David Smith, the Democratic candidate for County Judge questions, "Why is the Collin County Commissioners Court spending their time on a national issue? Why not focus on the county business [they] were elected to handle?"

In a "Talking Points" email sent to supporters, Smith, argues that the Healthcare Reform Act is in the best interest of the county since it will shift the burden of indigent healthcare from the county to federally funded Medicaid. He writes that, "The national bill recently signed into law will raise the Medicaid eligibility threshold to 133% of FPL If we can get them enrolled in Medicaid quickly enough, EVERYBODY in the county indigent health care program can have their care paid by Medicaid rather than the county."

In his email, Smith makes these points:
"- The current threshold for Medicaid eligibility is 26% of federal poverty level (FPL) income.
- The current threshold for Collin County indigent health care eligibility is 100% of FPL income.
- Collin County currently picks up health care costs for people in the 26-100% range
(as well as below 26% pending Medicaid enrollment - but that's another story.)
- The national bill recently signed into law will raise the Medicaid eligibility threshold to 133% of FPL."

The commissioners resolution reads:

Resolution In Support of the Texas Attorney General and Texas Legislature in opposition to the Federal Healthcare Reform Bill (HR 3590)

Whereas the Federal Healthcare Reform Bill would place the federal government at the center of our nation’s healthcare system at the expense of individual choice and liberty, free enterprise and competition; and

Whereas, the Collin County Collin County Commissioners Court steadfastly stands and defends the freedoms enjoyed by states and individual citizens guaranteed by the United States and Texas Constitutions; and

Whereas, the Commissioners Court believes Texas residents have the right to choose their own health insurance plan freely without imposition or threat of penalties from federal or state government; and

Whereas, the Commissioners Court asserts the healthcare reform legislation is wrong for Texas because it would result in healthcare rationing, higher taxes, massive increases in federal and state spending and increased healthcare bureaucracy; and

Whereas, the Commissioners Court challenges Congress’ right to impose health insurance mandates which overrule fundamental freedoms of individuals, businesses and states; and

Whereas, the Commissioners Court specifically protests the unprecedented breach of state sovereignty in the form of unfunded Medicaid standards, which are projected to cost Texas taxpayers $24.3 billion over the next ten years;

Now, therefore, be it resolved that the Collin County Commissioners Court unanimously and unequivocally supports Texas Attorney General Greg Abbott’s efforts, and the efforts of the Texas Legislature, to resist this federal healthcare bill on constitutional grounds. In witness thereof, we hereunto set our hands this fifth day of April, in the year of our Lord two thousand ten.

Collin County spends millions each year on indigent health care, which is funded with moneys held in the county's Healthcare Trust Fund. The Trust Fund, was originally funded in 1983, with the proceeds from the sale of the county's public hospital. Current projections are that the Trust Fund will run out of money in 2014. At that time, without federal help, all indigent care will have to be paid for with county tax dollars.

Smith, who does not take a position in support of the Healthcare Reform Act, charges that, "The Collin County Commissioners Court would rather play national partisan politics than tend to county business. Any commissioner support of AG Abbott's initiative is a blatant example of ideological impairment, preventing them from realizing that Abbott is actually seeking to cement in millions of dollars of future county costs that will otherwise go away."

The commissioners court will meet at 6:00 PM this Monday evening at the Prosper Municipal Chambers, Prosper City Hall, 121 W. Broadway, Prosper, Tx. The public is invited attend and to comment.

Bill

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

The Observer comments:

It seems to me to be both ironic and a bit unseemly for bureaucrats, who are recipients of a lush taxpayer supported health insurance plan to be fighting so hard to deny a much less generous policy to those who can not afford health insurance.

For $10/month, commissioners are granted a plan with only a $500 annual deductible. A majority of the sitting commissioners have received taxpayer supported health benefits for most of their adult lives.

Yet, over 20% of Collin County residents are uninsured. Many work for employers who in the past would have offered group coverage, but most low wage jobs no longer offer insurance, or when it is offered, it is too expensive and comes with huge deductibles.

I read an interesting article this week on the opposition to the federal plan. A local civic leader (and McKinney City Councilman) was complaining about the new law. This so called 'leader' went on to state that he employed over 125 people in the 8 companies he owned, but only offered insurance benefits to a "few key employees".

The rest of his employees are a missed paycheck or two from needing public assistance if they need any medical help. I imagine that one of them could afford healthcare in the event of catastrophic illness.

Those who are loudly opposing the Healthcare Reform Act have insurance. Some are paid for by you, the taxpayers.

The commissioners resolution is mere pandering. They have insurance. The less privileged can "eat cake", while their taxes pay for the commissioners' healthcare.

Bill

The Dallas Morning News' Valerie Wigglesworth, writing in the Frisco Blog fills us in on the latest developments to bring a low income housing project to Frisco:

One low-income complex in Frisco remains in the running for state's housing tax credit program
Sat, Apr 03, 2010
Valerie Wigglesworth, Reporter / The Dallas Morning News

One developer remains in the running for the state's housing tax credit program to build a low-income apartment complex in Frisco, according to a city news release.

Stewart Creek LLP completed all the paperwork with the Texas Department of Housing and Community Affairs for the proposed 150-unit North Court Villas complex on the south side of Stonebrook Parkway just east of Woodstream Drive. The other developer, VDC Frisco Reserve I LP, has withdrawn from the process. It was proposing to build 200 units near Bicentennial Park at McKinney? Road and Sunset Drive.

The Stewart Creek project is one of 28 developments competing for $9 million in tax credits available this year to urban areas in Texas' Region 3, which includes Frisco and the Dallas area, according to the state log of applications (Region 3 applications start on page 4). Based on self-rankings by developers, the Frisco project ranks 27th out of 28th.

If the Frisco project is approved, it will also be eligible for $2 million in a low-interest loan from the Dallas-based Inclusive Communities Project as part of an agreement with the city of Frisco. Under the agreement, 50 units of the complex would be made available first to certain Dallas Housing Authority clients with Section 8 vouchers.

That controversial agreement has drawn lots of opposition from Frisco residents. It also spurred the formation of a Facebook group called Frisco Resident's [sic] Against Section 8 Housing in Frisco, TX, which has 257 fans.

read the rest of this article on The Dallas Morning News' Frisco Blog.....

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From a City of Frisco press release:

REGIONAL PUBLIC HEARING ON PROPOSED AFFORDABLE HOUSING SET FOR APRIL 14

(April 2, 2010) The City of Frisco has received notification from the Texas Department of Housing and Community Affairs that one developer has submitted a completed application for the 2010 Competitive Housing Tax Credit (HTC) program for a proposed low income housing complex in Frisco.

The developer, Stewart Creek, LLP, submitted the completed application for the proposed North Court Villas complex. The proposed complex would be built on 10 acres on the south side of Stonebrook Parkway between Woodstream Drive and Preston Road. The project is now one of 28 developments competing for the $10 million in tax credits available this year to Texas’ Region 3. The total amount requested for the 28 projects submitted is $41 million. Based on a self-ranking submitted by developers with their completed HTC applications, the North Court Villas development is currently ranked 27th out of the 28 projects in line for funding.

If Stewart Creek, LLP's development is awarded funds from the HTC program, then the developer will also be eligible for $2 million in grant money from the Inclusive Communities Project, Inc. (ICP) through an agreement with the City of Frisco. Under the ICP agreement, developers must set aside 50 units or 25 percent of the complex’s units, whichever is greater, for Section 8 vouchers. North Court Villas would have 50 units available for Section 8 voucher holders.

In February, the Frisco City Council approved requests from Stewart Creek, LLP and a second developer, VDC Frisco Reserve I, LP, for letters of support to submit with their 2010 Housing Tax Credit Applications. The council submitted letters on behalf of both developers; however, VDC Frisco Reserve I, LP has withdrawn from the process to compete for funds for a proposed complex near the intersection of McKinney? Road and Sunset Drive.

Residents may voice their opinions about the proposed development when the Texas Department of Housing and Community Affairs holds a public hearing on Wednesday, April 14 at 6:00 p.m. The meeting will be in the auditorium of the J. Erik Johnson Central Library, located at 1515 Young Street in downtown Dallas.

Residents may also submit written comments through June 15. Comments should be mailed to:

Texas Department of Housing and Community Affairs
Multifamily Finance Division
P.O. Box 13941
Austin, TX 78711

The Department of Housing and Community Affairs will also accept written comments by fax: (512) 475-0764, or email: Raquel.morales@tdhca.state.tx.us

Read more about proposed low income/Section 8 housing in Frisco online at FriscoTexas.gov/affordablehousing.

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The Texas Department of Housing and Community Affairs board is expected to decide which projects to fund in July.

Bill

Early voting starts Monday in the 2010 Republican Party run-off. Election day is April 13.

• Early voting locations are here
• Election day poll locations are here

The Collin County Commissioners Court is the policy making and administrative body for the county. It sets the budgets for all county operations, determines salary scales, sells bonds and sets the tax rate.

Precinct 2 is in the south-east part of the county.

The winner of the Republican Party run-off will face Democrat Rick Koster in the November General Election.

The Primary results were:

• Cheryl Williams4,798 (45.80%)
• Jerry Hoagland 3,850 (36.75%)
• Karl Voigtsberger 1,827 (17.44%)

Cheryl Williams

Cheryl Williams lives in Richardson. She is a real estate consultant and a former Plano City councilwoman.

• Her campaign website is here
• Her campaign finance reports are here

Part 1 of the Observer interview is here.

Jerry Hoagland

Jerry Hoagland has served on the Commissioners Court since 1981. Before being elected to the commissioners court, he served on the Plano City Council.

• His campaign website is here
• His campaign finance reports are here

Part 1 of the Observer interview is here.

Collin County Observer profiles for the 2010 Primary run-off:

• Collin County Commissioners Court, Precinct 2 - Williams / Hoagland

• 219th District Court, Becker / Tucker

• Collin County Court at Law #3, Baxter / Matthews

• Collin County Court at Law #4, Goeller / Ripple

• Collin County Court at Law #6, Green / Bender

Bill

Early voting starts Monday in the 2010 Republican Party run-off. Election day is April 13.

• Early voting locations are here
• Election day poll locations are here

The Collin County Courts at Law are courts of general jurisdiction handling misdemeanor cases, appeals from Justice of the Peace and municipal courts, and civil suits under $100,000.

The Primary results were:

• Terri Green 11,574 (32.36%)
• Jay Bender 11,231 (31.40%)
• Don High 10,560 (29.53%)
• Shawn Ismail 2,399 (6.71%)

Terri Green

• Her campaign website is here
• Her Collin County Observer judicial questionnaire is here
• Her campaign finance reports are here

Jay Bender

• His campaign website is here
• His Collin County Observer judicial questionnaire is here
• His campaign finance reports are here

Collin County Observer profiles for the 2010 Primary run-off:

• Collin County Commissioners Court, Precinct 2 - Williams / Hoagland

• 219th District Court, Becker / Tucker

• Collin County Court at Law #3, Baxter / Matthews

• Collin County Court at Law #4, Goeller / Ripple

• Collin County Court at Law #6, Green / Bender

Bill

Early voting starts Monday in the 2010 Republican Party run-off. Election day is April 13.

• Early voting locations are here
• Election day poll locations are here

The Collin County Courts at Law are courts of general jurisdiction handling misdemeanor cases, appeals from Justice of the Peace and municipal courts, and civil suits under $100,000.

The Primary results were:

• Matthew Goeller 9,719 (28.09%)
• David Rippel 9,494 (27.44%)
• Linda Wynn Drain 8,267 (23.89%)
• Chrysti Bryant 7,121 (20.58%)

Matthew Goeller

• His campaign website is here
• His Collin County Observer judicial questionnaire is here
• His campaign finance reports are here

David Rippel

• His campaign website is here
• His Collin County Observer judicial questionnaire is here
• His campaign finance reports are here

Collin County Observer profiles for the 2010 Primary run-off:

• Collin County Commissioners Court, Precinct 2 - Williams / Hoagland

• 219th District Court, Becker / Tucker

• Collin County Court at Law #3, Baxter / Matthews

• Collin County Court at Law #4, Goeller / Ripple

• Collin County Court at Law #6, Green / Bender

Bill

Early voting starts Monday in the 2010 Republican Party run-off. Election day is April 13.

• Early voting locations are here
• Election day poll locations are here

The Collin County Courts at Law are courts of general jurisdiction handling misdemeanor cases, appeals from Justice of the Peace and municipal courts, and civil suits under $100,000.

The Primary results were:

• Lance S. Baxter 12,301 (36.83%)
• Stewart Matthews 10,577 (31.67%)
• Barnett Walker 10,524 (31.51%)

Lance Baxter

• His campaign website is here
• His Collin County Observer judicial questionnaire is here
• His campaign finance reports are here

Stewart Matthews

• His campaign website is here
• His Collin County Observer judicial questionnaire is http://www.baumbach.org/2010/qa/matthews.pdf
• His campaign finance reports are here

Collin County Observer profiles for the 2010 Primary run-off:

• Collin County Commissioners Court, Precinct 2 - Williams / Hoagland

• 219th District Court, Becker / Tucker

• Collin County Court at Law #3, Baxter / Matthews

• Collin County Court at Law #4, Goeller / Ripple

• Collin County Court at Law #6, Green / Bender

Bill

Early voting starts Monday in the 2010 Republican Party run-off. Election day is April 13.

• Early voting locations are here
• Election day poll locations are here

The 219th District Court is a court of general jurisdiction handling felony cases, up to and including death penalty cases, family law cases and large civil suits over $100,000.

The Primary results were:

• Scott J. Becker 18,014 (48.43%)
• Angela Tucker 12,434 (33.43%)
• Wendy McMillon 6,753 (18.15%)

Scott Becker

• His campaign website is here
• His Collin County Observer judicial questionnaire is here
• His campaign finance reports are here

Angela Tucker

• Her campaign website is here
• Her Collin County Observer judicial questionnaire is here
• Her campaign finance reports are here

Collin County Observer profiles for the 2010 Primary run-off:

• Collin County Commissioners Court, Precinct 2 - Williams / Hoagland

• 219th District Court, Becker / Tucker

• Collin County Court at Law #3, Baxter / Matthews

• Collin County Court at Law #4, Goeller / Ripple

• Collin County Court at Law #6, Green / Bender

Bill