The Collin County Observer™

David Cary

After a two week trial, a jury gave David Cary 14 years in the penitentiary, effective immediately.

Cary was charged with Organization of Criminal Activity, 6 counts of Bribery, and one charge of Money Laundering in the campaign of Suzanne Wooten.

The jury convicted him of all charges, and each with 14 years in Huntsville.

Suzanne Wooten was an elected 380th District Judge in Collin County in 2008. Two years ago, Wooten was convicted of Engaging in Organized Criminal Activity, 6 counts of Bribery, Money Laundering, and Tampering with a Government Record to Defraud.

Suzanne Wooten	Stephen Spencer	Stacy Cary	David Cary

All four defendants were named in the case: Suzanne Wooten, James Stephen Spencer, Stacy Cary, and David Cary. The State proved that the judge took $150,000 from the Cary's. Stacy Cary provided and sent the $150,000 to Stephen Spencer for the Wooten campaign.

David Cary has been involved in a million dollar divorce case that began in 2003 (and still is being litigated). Cary has been driven to remove Judge Charles Sandoval, who presided over his mega divorce saga in the 380th District Court.

In 2008, Suzanne Wooten defeated Sandoval in the Republican primary using mostly money that was given by the Carys' to Spencer.

Stephen Spencer was Suzanne Wootens consultant and the campaign manager. He pled guilty to Criminal Organization, one Bribery charge, and Money Laundering. He was given, in a plea bargain, 100 days in county jail, a $10,000 fine, and 10 years probation including $83,000 in court costs.

Stacy Cary was found guilty by a jury, and sentenced by the judge 30 days in the county jail, a $10,000 fine and 10 years of probation. Stacy is appealing her case.

Suzanne Wooten's portrait in the courthouse

David Cary was sentenced by a jury. Lawson Pedigo, Cary's attorney, asked the jury to give probation - Cary had never been convicted of any crime.

The State of Texas Assistant Attorney General, Harry White, asked the jury to sentence Cary to "11 years or more than you think". White told the jury that Cary would not be capable for meeting the requirements of probation. He told the jury that Cary had not paid his $415,000 assessment ordered by a court in his divorce case, and that Cary was hiding his income from the court. (Cary was getting his salary as cash, not a check.)

In less than an hour and a half, the jury returned with a sentence of 14 years in the penitentiary on each of the six charges, running concurrent.

The Dallas Visiting Judge John Nelms told Cary that since his sentence is more than 10 years, he was unable to gain an appeal bond. According to an article on the Dallas Morning News, Cary will have to serve at least 1/3 of his term before given parole.

Suzanne Wooten was found guilty on all charges by a jury. Wooten worked out a sentence deal with the Assistant Attorney General, Harry White. She was given only probation for 10 years, a $10,000 fine, and community service. Wooten also was removed from office and then suspended by the Texas Bar.

Last week, the County removed Suzanne Wooten's portrait at the courthouse.

Bill

This is the first in a series of interviews of those candidates who are running for elected office in Collin County, Texas. The information in this article is based on materials and interviews provided by the candidate. If you would like to be interviewed by Bill Baumbach, please email your request to bill@baumbach.org.

Jody Johnson, 53, met with me so that I could learn more about her and her candidacy. She has been married over ten years, has four step-sons and is a resident of Plano, Texas. She attends Christ Church Plano.

She graduated in 1983, Phi Beta Kappa from the University of Minnesota with a Journalism degree. She earned her law degree from SMU in 1983 and has been a licensed attorney in the State of Texas for 28 years. She is Board Certified in Family Law by the Texas Board of Legal Specialization.

Johnson has a reputation for representing clients from all walks of life, whether they are pro bono clients, regular citizens of Collin County, or professional athletes. She has handled complex civil litigation cases as well as criminal cases involving abduction of children, family violence, child sex abuse, failure to support children, and visitation with children.

She lists her strongest skills as the ability listen, giving litigants the opportunity to be heard, and looking for solutions within the boundaries of the law.

Johnson’s service to the community has been far reaching. She has represented many indigent clients pro bono. She has an adult sister who is mentally disabled which inspires her support of the Opportunity Partners Organization which helps the mentally challenged community obtain training and find jobs in the community. She is frequently appointed as an Amicus Attorney in family law cases to advise the court on what is in the best interests of the children involved in a family law conflict. She has been asked to serve as a visiting Associate Judge in Dallas County to hear and rule on Temporary Orders in Family law cases.

When asked about how she would run her court, Johnson states that over one-half of the cases filed in District Courts are family law cases. Family law cases touch the lives of mothers, fathers, and children. She has been committed to minimize damage to children, and will encourage the parties to work out agreements when that is possible. If an agreement cannot be arrived at, Jody will apply the laws fairly and consistently when making a decision.

She emphasizes that her role is not to legislate or prosecute from the bench. The legislature makes the laws. The District Attorney prosecutes the cases. The judges apply and enforce the laws. As a pioneer in the collaborative law movement in Texas (beginning in 1999), she strongly advocates using alternate dispute processes that give litigants more control over the outcomes of their cases and decreases the need for trials. Johnson is a frequent speaker regarding the collaborative law option and is a participant of a pro bono collaborative law project for those litigants who cannot afford this process.

When asked how her qualifications could restore integrity to the Collin County Courts, she cited her service on the State Bar of Texas District 6 Attorney Grievance board. She chaired the committee for 3 of her 6 years of service hearing evidence from litigants who filed lawyer complaints and attorneys and issuing rulings that determined whether a particular lawyer should be sanctioned or disbarred. In order to serve on this committee, she was required to demonstrate impeccable ethics and reputation and she will use these same qualities as a judge.

Moreover, she has the respect of her peers and the bench. As a Board Certified Attorney, she must have the recommendation of fellow attorneys and judges. She has been consistently selected, through peer recommendation, as a Texas Super Lawyer (including Top 100 attorneys in Dallas Fort Worth and Top 50 Women Attorneys in Texas) and many other accolades which are detailed in her biography at the link below.

Johnson is also the only attorney running for this bench who is "AV" rated by Martindale-Hubbell. This is an unsolicited peer review rating and is the highest rating issued. It means that Johnson has achieved a "Very High Ethical Standards rating" and the highest score for Legal Ability based on performance in the following 5 areas:

1. Legal Knowledge: Lawyer's familiarity with the laws governing his/her specific area of practice(s)
2. Analytical Capabilities: Lawyer's creativity in analyzing legal issues and applying technical knowledge
3. Judgment: lawyer's demonstration of the salient factors that drive the outcome of a given case or issue
4. Communication Ability: Lawyer's capability to communicate persuasively and credibly
5. Legal Experience: Lawyer's degree of experience in his/her specific area of practice(s).

If elected, Johnson hopes to be remembered as a fair and hardworking judge. She wants litigants and attorneys to know that she will apply the law as written and will be unbiased.

When asked why she is more qualified than the other candidates, she finds that although, other candidates do have some strengths, Johnson contends that she is the most qualified of all the candidates because
she:

- has been licensed to practice law longer than the other candidates;

- has the most relevant attorney experience required for this bench;

- is the only candidate who has a Board Certification by the Texas Board of Legal Specialization;

- has the most litigation and trial experience;

- has made judgments as an associate judge and attorney grievance committee member;

- and has the respect and support of the legal community by virtue of her being consistently listed as a Texas Super Lawyer

For more information, please see http://www.facebook.com/?ref=tn_tnmn#!/jodyjohnsonforjudge or her biography http://www.baumbach.org/2012/JodyBio.pdf

The Collin County Observer will continue to cover the 2012 election. We will attempt to give our readers information and insight into the candidates, the issues and their campaigns.

The Collin County Observer does not recommend nor endorse any candidate.

Some notes from the Observer's notebook range from the humorous to the nasty:

Campaign Trucks

Barnett Walker is running for judge in the County Court at Law #2.

I got a hoot when I saw a picture Barnett Walker's truck. I did remind Barnett the story two years ago when Ralph De La Garza put a giant placard on his truck for his Collin County District Attorney race. Ralph's truck was stolen almost immediately.

A wonder if auto thieves are quicker to steal from a judicial candidate or from a District Attorney candidate.

What District am I in?

The Observer does try to know what districts I live in, who will represent me, and who I can vote for?

I, like many in Texas, I don't know who my congressman will be. Many in Collin County do not know who their congressman, state senator or state representative - no matter how hard they try to find out.

The US Supreme Court has put the Texas redistricting plans for Congress, Texas Senate, and the Texas House on hold.

The SCOTUS has ordered arguments in January, but the filing period ends on December.

Even the Texas Attorney General doesn't know what maps the candidates should file in their district.

Nice deal, eh?

The 380th Court getting crowded

The 380th District Court bench is vacant since Suzanne Wooten was convicted of bribery.

Five Republicans have filed for the position in the March primary.

Terri Green
Jody Johnson
Chip Jarvis
Piper McCraw
Ben Smith

At this date, no Democrats have filed for the bench.

None of the candidates have a campaign website yet. More information, on all five, to come.

District 12 SBOE race already ugly

All of Collin County (and North Dallas) is now in 12th district for the State Board of Education.

The incumbant is Republican George Clayton. He is a resident of Richardson and an educator at North Dallas High School. Last year Clayton defeated Tincy Miller, the long time member of the SBOE. She served on the SBOE from 1984 to 2010.

After Clayton first challenged Miller, he won, despite being the target of a whisper campaign charging him with being gay.

Earlier this, Susan Fletcher, the president of the Golden Corridor Republican Women’s Club was questioning Clayton's "living arrangements".

In response, Clayton sent an email to the media confirming that, “To avoid the tyranny of misinformation and innuendo in this political race, I wish to say that I, in fact, do have a male partner who lives with me in my home in Richardson, Texas”.

The right wing and Tea Party websites are already on the attack.

There are three Republican candidates:

George Clayton
Pam Little
Tincy Miller

So far, I have not heard of any SBOE candidates for the Democratic Party primary.

****

More news on the Observer's notebook will be posted as interesting stories develop. I hope you enjoy.

Bill

The Board of District Judges (BODJ, made up of the 8 Collin County District Court Judges) are tasked by the Texas Constitution to fill a vacant office of District Clerk.

The BODJ chose to meet and vote on their appointment in a closed door meeting.

In a unanimous vote today, the BODJ appointed Andrea Stroh. Stroh is an attorney who practices family law in Plano.

A Collin County press release states, "Ms. Stroh’s appointment came after the board interviewed multiple candidates in the wake of the post-conviction removal of Patricia Crigger last week during her first term as the county’s District Clerk. The judges wanted to proceed quickly and deliberately in order to restore public confidence in the District Clerk’s office."

The appointment will be effective until after the November 2012 election. The District Clerk’s position will be on the March primary ballot, and the winner of the November election will take over the remainder of official term, which expires in December 2014.

Candidates for the remainder of the term can file for either party before December 19, 2011.

Ms. Stroh earned a J.D. from South Texas College of Law in 1998. In 1997, she studied at Marmara University in Istanbul, Turkey, 1997 and in 1995, she earned her Bachelor of Science from Texas A&M University.

Ms Stroh has been a member of the Connor Harrington Republican Women's Club, has been active in several Plano schools, has served as a member of the Board of Directors for Hope’s Door, and has served as the Chair of Plano's Cultural Affairs Commission.

Ms. Stroh told The Collin County Observer that she did not seek the position of District Clerk. She accepted the appointment after she was asked by the BODJ.

Stroh hopes she can bring to the office a "fresh perspective", with no ties to any members in that office and courthouse.

Stroh wishes to, "elevate the office of District Clerk", by being dedicated, "through time to restore the citizens' faith in their department and the elections".

Stroh will file to be a candidate for the remainder of the term of office in the Republican Party Primary. She believes that the office needs some continuity by promising to commit to the job through 2014. She state that the department, "had so many changes this year, that more changes create more chaos".

Stroh will be shutting down her Law Practice next week. She said she will be a full-time District Clerk. Although she will run for the remainder of the term, she has no desire to hold a, "lifetime career in the office".

The BODJ appointed an 'interim' District Clerk immediately after Patricia Crigger's felony conviction on December the 6th. The district courts can not function without a sworn District Clerk. The clerks in the office have no authority unless acting as a deputy to a legal District Clerk.

The Board appointed Judy Blazier, a veteran of the District Clerk's Office until the BODJ could interview, deliberate, and appoint a District Clerk that could serve until the end of 2012.

Ms. Blazier had already made plans to retire at the end of this month. She told the Collin County Observer that she had absolutely no desire to be the District Clerk, but that she would keep the office operating until the judges chose a replacement.

Blazier's first actions were to fire the two District Deputy Clerks convicted of corruption - Rebecca Littrell and Sherry Bell.

Early the next morning, Blazier had sworn-in all the employees as her deputy district clerks.

Stroh will have to once again swear-in the employees as her deputy district clerks.

Bill

By Lex In Limine
Attorney at Law
Guest Contributer

Lorrie Robertson takes the stand. She is a supervisor at the District Clerk’s office. She was one of the Defendants who was originally arrested and indicted.

Through the direct examination of John Helms, Jr. for the prosecution, Robertson explained the various calendars and spreadsheets and how they were used to record Blue Book time. She testified that the Blue Book time was kept on the computer until Rebecca Littrell told her to remove it – sometime before the Runoff between Patricia Crigger and Alma Hayes in April 2010. She did so.

Robertson admitted that much of the Blue Book time was for leave not associated with the campaign. She testified that Littrell told her to encourage the staff that she supervised to work on the Crigger campaign. And she did, in fact encourage this.

At the time of the raid by the Texas Rangers, Robertson had another employees badge in her possession. That employee was not at the office but was exercising this Blue Book time. Robertson, as the supervisor of this employee had swiped the badge to make it appear that the employee was at work, when she was, in fact, not.
Yoon Kim, attorney for Sherry Bell, then cross examined Robertson. Robertson admitted that she was originally indicted. In July 2010, she entered into a plea agreement with then assistant District Attorney, (and instigator of most of these types of cases) Chris Milner.

NON SEQUITOR – Milner has a history of prosecuting defense attorneys for typos in their pleadings – alleging some type of government document tampering. Most of these cases have been dismissed and Milner has been mentioned in other publications regarding this over reaching and abusive tactic. He attempted to prosecute the current District Attorney, Greg Willis, for some crime – don’t know the exact charge – but basically Milner did not like how Wills ran his court (when he was a judge). The Grand Jury refused to indict Willis and took the unusual step of preparing a written statement explaining that Willis committed NO CRIME.

After Robertson entered into her plea of guilty to engaging in organized criminal activity, she kept her job and she wasn’t fined. (why don’t the other ladies get the same deal?) Later the indictments against the other defendants were dropped and re-indicted. She was afraid that her ex-husband would attempt to seek custody of her young children if she was prosecuted. So, she agreed to assist the prosecution.

She remained in the office during all of the alleged campaign activities. She reluctantly admitted that the business of the Disrict Clerk’s office never suffered during the campaign. She admitted that Kristy Duty, a prosecution witness and former employee of the Clerk’s office, was “in and out” of the office a lot because she was working with IT. She testified that not all Blue Book time was actually redeemed.

She was a former roommate with Crigger opponent, Alma Hayes, and this caused discomfort in the office. Robertson asserts that Hannah Kunkle excoriated her for supporting Hayes. Bur Crigger advised Robertson that it was not appropriate for Kunkle to do that and she could support whoever she wanted.

Deric Walpole, attorney for Sherry Littrell, cross examined Robertson. Robertson testified that if a judge or anyone else had advised the office what they were doing was illegal, Kunkle would have stopped it immediately.

NON SEQUITOR – Deric – you are a top notch attorney – so please take those sunglasses off your neck!

During the Robert Hinton, attorney for Patricia Crigger, cross examination, Robertson denied ever hearing Crigger proclaim that the Blue Book system would cease upon her taking office. But she found the Blue Book system to be a good program which contributed to the success of the office.

Robertson testified that the day she was arrested was the most embarrassing day of her life. She was humiliated. No one from the District Clerk’s office told her what to do. She hired attorney George Milner (no relation to Chris Milner)

John Hardin, attorney for Hannah Kunkle, cross examined the witness next. Hardin reminded Robertson that they had known each other since she was a child, she played with his dog, etc. etc. ( a lot of folksy introductions going on here – so BORING) Hardin promised the witness that no matter what happened, they would remain friends.

Robertson, through tears, testified that Kunkle was a very special and awesome lady. At the Fuddrucker’s meeting, she only remembers Littrell speaking and alleges that Littrell , when encouraging the staff to work on the Crigger campaign, said “we will figure out a way to get your time back.”

She met with prosecutor pro tem, John Helms, Jr.. Through attorneys, he asked to speak with Robertson. When asked, through Hardin, whether she took her attorney with her to this meeting, she said no “because he is very expensive.” This statement drew laughs from the gallery and the hoards of attorney in the courtroom. Judge Nelms asked the court reporter to make a transcription of that statement and laughed. (Attorneys are, indeed expensive – and they deserve every penny, I say!)

She met Helms for dinner and discussed car racing, oh and, also the District Clerk’s office.

I had to leave at this point and Bill will be covering the rest of the day. I will continue to cover the trial if you find that my posts are helpful to your understanding of this case.

Lex
Attorney at Law

By: Magna Carta
Attorney at Law

On Day Three of the District Clerk trial, John Helms Jr. for the Prosecution called Ms. Kristy Duty who worked for the District Clerk's office and remains a county employee in another division.

Kristy Littrell Duty

Duty described the Blue Book system as being a system for recording extra hours that employees worked, redeemable as PTO (Paid Time Off). Initially, when a person redeemed PTO time from the Blue Book, their supervisor would manually enter a PeopleSoft record showing that employee had actually been at work. (PeopleSoft is the software system they use in the HR department and payroll department.) Eventually, HR came to audit the DC office because of the excessive number of manual PeopleSoft entries. (Normally, entries are automatically created when a person scans his or her badge.) Once the HR audit was completed, employees and supervisors adopted the practice of employees leaving their badges with their supervisor when redeeming Blue Book time so the supervisor could "swipe" the employee in and out. This created the PeopleSoft record needed to get the employee paid without requiring a manual entry. Duty described the Blue Book system as being secret in the sense that it was not to be disclosed outside of the District Clerk’s office.

Deric Walpole

Rebecca Littrell’s attorney, Deric Walpole, cross examined Duty. During Walpole's cross, Duty admitted that the DC employees described the Blue Book system to her during her initial job interview with the DC's office, his point being that if it was so secret, why were they telling a mere prospective employee? Her response was that because her cousin (Littrell) was involved in the hiring process and everyone knew she was going to get the job. [Implicating the “Good Ole’ Boy (Girl?)” network arrogance that is so endemic in Collin County.]

Duty admitted that she had been the beneficiary of the Blue Book system. When she was pregnant and on bed rest, she had to work one weekend to show Crigger and others how to change some accounting codes in the AS/400 system. She received 40 Blue Book hours for the weekend, which she redeemed. Defense attorneys pointed this out more than once. And each time she distinguished her use of the Blue Book as being related to work she did for the county vs. working on someone's election campaign. Initially, Duty testified that her only involvement in the Crigger campaign was that she and Melissa Smith held a garage sale to help raise funds to pay Crigger's filing fee. Later, under cross examination by Walpole, she remembered that she held a Saturday evening meet and greet, close to the Valentine's Day.

Duty described a meeting at Fuddruckers and recounted that Littrell encouraged the staff to campaign for Crigger and they would “get their time back.”

Hannah Kunkle’s attorney, John Harden, cross examined Duty. She admitted that Kunkle never said anything about anyone getting reimbursed for campaign time. Littrell sent a reminder email (using the county computers) regarding the Fuddrucker lunch. Walpole pointed out during his cross that if the Blue Book system was so secret, why did they talk about it openly and freely during lunch hour at a popular restaurant?

Duty testified that when Human Resources notified the District Clerk’s office that they would be conducting an audit, Littrell sent an email to the supervisors instructing them to delete their Blue Book spreadsheets prior to the audit. According to the Blue Book calendar, some employees would take several days off in a row to work on Crigger’s campaign. Sometimes so many people would be out of the office working on the campaign that there were not enough people for the office to function properly. Duty alleged that phones were not being answered, people couldn't take lunch breaks, parties couldn't get their file marked copies, etc. [I never understood what this meant, having lots of experience in getting things file marked. There has never been a delay, in my experience - MC]

On cross, Walpole asked her WHO complained about the service. She said "lots of people." He said "name one." She named two people and punctuated it with a sarcastic "how's that?" Walpole asked Duty to name a single customer who complained. Duty finally admitted she never actually heard any customer complaints--just heard people complaining about people complaining.

NON SEQUITUR: Duty never held a campaign sign for Judge Roach.

Duty testified that in February 2010, it snowed. Employees were told that they could take half a day off and record it in PeopleSoft as 4 hours of "Office Closed" time. If they wanted to take off the entire day, they needed to record an additional 4 hours of PTO time. She took the entire day off, but somehow her time was recorded in PeopleSoft? as 8 hours of PTO time. Initially Duty testified that she complained about this to Littrell who told her to call Human Resources. She called the payroll department and was told that if Littrell or Kunkle would send an email, payroll would correct the time entry. Littrell, according to Duty’s testimony, told her that Kunkle and Crigger wanted all of her PTO would go on the Blue Book, rather than a PeopleSoft correction. This upset Duty. LATER, during Hardin's cross, Duty admitted that Kunkle had never been involved in her timesheet and Kunkle's name never appeared on any of the emails comprising this transaction.

The next day, still upset about her PTO time AND all the campaign time she saw being logged into the Blue Book, she complained to Judge Roach. About two weeks later, Roach told Duty and a Lara Roberge, who made a separate complaint, that he took the issue to his father, John Roach, Sr., the District Attorney at the time, who, in turn, referred the issue to the Texas Rangers. Judge Roach told them that they should know that as supervisors in the department, they could face jail time for being part of the system they were complaining about.

[Yes, this blew up over 4 hours of PTO time for a person probably making $15/hour. $60 would have kept all this under wraps.]

Duty testified that she was contacted by Texas Ranger A.P. Davidson. She described the Blue Book system to him and thereafter kept him informed of what was occurring in the DC office. She quit her job in the DC office in November 2010 because she did not want to work under the Crigger/Littrell regime.

Duty described the falling out she had with Littrell. Twelve years ago, she and Littrell “got into it.” They were very close (cousins by marriage) when she first moved to Collin County. Littrell and Husband Adam asked her to babysit their child. She agreed. Later, she decided to spend time with her sister so she backed out. Littrell was hurt by this. She thinks this is where the relationship started to sour between her and Littrell. [There is a pungent waft of "pettiness" (this being a polite word) on all sides throughout this story. Little hurts and annoyances leading to big bangs.]

Kunkle discovered a Crigger campaign flyer in the office and was very upset about campaigning on county time. Kunkle said "they shouldn't do this." Hardin made her tell this story several times. Hardin was genteel but insistent and forced Duty to admit she had no personal knowledge of Kunkle’s involvement in anything.

Magna Carta
Attorney at Law

The District Clerk’s Trial – Day 3
By: Lex In Limine (LIL)
Attorney at Law
Guest Contributor

After some preliminary matters, the parties presented their Opening Arguments.

John M. Helms, Jr.

The Prosecution, lead by John Helms, Jr. , prosecutor pro tem, began. With a clear voice and methodical manner, he told the jury of four women and six men that this was a case that involved the abuse of taxpayer dollars and the interference with free and fair elections. Of the 63 employees at the District Clerk’s office, all but one are female. He referred to the office as a “Good Ole’ Girl Network.”

The Defendants, Hannah Kunkle, Patricia Crigger, Rebecca Litrell, and Sherry Bell were the four highest “ranking” employees of the office at the time of the alleged offense. The Clerk’s office set up a rewards and benefits system for the employees and this system was kept “secret” from the Collin County Commissioners’ Court. Helms was quick to emphasize that the Defendants were not being prosecuted for the “secret” reward and benefit system.Helms stated that the crime alleged to be committed by the Defendants is the misuse of labor to promote the campaign of Patricia Crigger. The reward system was “off book” paid leave time that was referred to as “Blue Book” time. Again, Helms repeated that there is no crime in having the secret Blue Book time, but, instead, the use of said time for campaign work is what offends.

Helms produced a poster with snap shots of the Defendants and explained their respective job titles. He described the defendants as “joined at the hip” and a close knit group. The proximity of their respective work spaces added to their camaraderie. Helms said the evidence will show that the absences of the workforce when using “Blue Book” time adversely affected the efficiency of the office.

Helms then described the “anxiousness” felt by the many employees when they learned of Kunkle’s retirement. Kunkle had been in office for many years and they were concerned they would lose their jobs with a new regime. A lunch meeting was held at Fudruckers in January 2010 – two meetings to permit proper coverage of the office. The meetings, allegedly headed by the Defendants, are where Litrell stated that those who worked for Crigger’s campaign would be rewarded with Blue Book time.

Helms stated that in April after the runoff election between Alma Hayes and Patricia Crigger (Crigger won the election handily), the Press (which is The Collin County Observer) made a FOIA (Freedom of Information Act) request for the time records of the District Clerk Employees during the period of the campaign. Records were provided – but none of the Blue Book time was supplied.

The Human Resources Department noticed irregularities in time keeping. This was attributed to supervisors overriding the computer records and entering time arrival and departures in whole/exact numbers. If an employee swiped their card in the reader, the time would probably not be at the exact hour, for example.

The HR department audited the time records. The supervisors then collected the access cards of the employees and “swiped” various employees in or out of work to make it appear they were in the office, when they were, in fact, exercising paid leave pursuant to the Blue Book.

In June 2010, the Texas Rangers raided the District Clerk’s office and confiscated records and computer hard drives. Helms stated that despite the FOIA press request, the HR audit, and a raid by the Texas Rangers, the Defendants never conducted any type or form of internal investigation.

Helms concluded by stating that the Defendants had a “feeling of entitlement” and “undermined the integrity of an election.” Crigger had second thoughts about using the Blue Book time but did nothing to stop it and she benefitted from it.

Patricia Crigger

Defendant Patricia Crigger’s attorney, Robert Hinton delivered the second Opening Argument. Hinton specializes in representing legal professionals and elected officials. An experienced litigator with a folksy and easy manner, Hinton addressed the jury and agreed with much of the characterization of the prosecution. He agreed that the Defendants were “Good Ole’ Girls” – they are just good people. He described Kunkle’s office as the best District Clerk’s Office in the State. (Many an attorney, LIL included, can attest to this – regardless of the guilt or innocence of the Defendants, there is no clerk’s office that matches this one.)

He describes his client, Patricia Crigger, as a “God fearing woman” who worked at the office for 24 years in a career that she began as a secretary. The Blue Book system has been in existence since the “beginning of time” and is necessary because the county cannot offer cash or monetary rewards or incentives because of budgetary constraints.

Over the years, time clocks gave way to computers and swipe cards. Blue Book time was kept manually at first then it was kept on the computer. When the HR department asked the Clerk’s to discontinue manually overriding the time records, they adopted the system of swiping the ID cards of the employees. Every time the HR department asked the clerks to change the way they kept time, they complied. What occurred is not illegal. As an elected official, Hannah Kunkle could do what she wanted with her budget.

The employees at the Clerk’s office feared for their jobs because a Crigger opponent allegedly promised to ‘clean house” if elected. The employees had a garage sale to pay for Crigger’s filing fee (to seek election). Hinton stated that Crigger was the most qualified person in Collin County for the job.

The Fudruckers luncheons did occur and Kunkle promised Blue Book time to those who worked on Crigger’s campaign. But this, according to Hinton, was against the will of Crigger. After the election, Crigger told the supervisors to alert the employees to use their Blue Book time because this practice of Blue Book time would be discontinued in January 2011 when Crigger took office.

Hinton then describes what he learned about one of the Prosecution’s witnesses, Kristy Duty. Duty was a relatively high ranking employee at the Clerk’s office who was assigned to the 296th District Court, presided by Judge John Roach, Jr.. Allegedly, Roach, who was seeking re election at the time, asked that the clerks of his court display his signs, alongside those of Crigger at campaign sites. Crigger did not permit the display of Roach’s campaign signs by the clerks and this “infuriated Roach.” Then Duty made her complaint to Roach.

Hinton concluded by stating “mistakes were made,” and Crigger never agreed to this practice.

Rebecca Lettrell

Defendant Rebecca Littrell’s attorney, Deric Walpole, gave the third opening argument. (Yes attorneys and non attorneys alike – this is a LOOONG trial and there are many players – usually there are only two sides to a dispute).

Walpole is an experienced criminal attorney who recently defended Warren Jeffs at the YFZ child sexual assault trial, and is a self described victim of the former district attorney. He is an aggressive litigator and wastes no time with pretences. He began by stating that the prosecution of this case is “politically motivated.” He described what occurred as akin to someone waiting in the bushes, watching a fire start, and refusing to call for help until the house burned down. He said that the law is not a sword, it is a shield.

Walpole stated that Duty complained to Judge Roach and surmised the following scenario: “I’m going to Dad, Dad goes to the Texas Rangers, and you are getting arrested.” (Note – the past District Attorney, John Roach, Sr. is Judge John Roach, Jr.’s father)

Littrell has worked for the District Clerk’s office for 24 years and this is all she knows. He told the jurors that the original indictments against these Defendants were for keeping the Blue Book Hours – and nothing more. At this point the Prosecution objected to this but he was quickly overruled by the judge. Walpole continued, that since the District Attorney’s office, then lead by DA John Roach, Sr., had their own “Blue Book” system, the indictment was dropped and Littrell was re indicted with other charges.

He describes Duty as a disgruntled employee who is a cousin by marriage to Littrell. Duty and Littrell did not “get along.” The impetus for this investigation and subsequent trial is Kristy Duty’s chagrin over having to use paid leave for a snow day. Allegedly, Duty had previously arranged to have paid leave on that day. As it turns out, it snowed that day and all the employees were able to take leave pursuant to a snow day. Duty did not want to use her paid leave for that day and requested that HR change her timesheet to reflect this change. HR refused and Duty complained to Littrell. Littrell told her that she can use her accrued Blue Book Time instead. For whatever reason, this offended Duty. So, she then complained to Judge Roach.

Walpole stated that the Defendants are not in a position of power and have no influence over anybody. He stated that the legal standard for conviction in this case requires that the Littrell “intentionally or knowingly” misused government property. And she did not know. And she did nothing wrong. He said that the clerks used Blue Book time to work on the campaigns of County Commissioner Joe Jaynes and County Clerk, Stacy Kemp.

Walpole concluded stating “don’t throw their careers in the trash because someone didn’t hold up a freakin’ sign.”

Sherry Bell

Defemdant, Sherry Bell, represented by Yoon Kim delivered the 4th Opening Argument. Yoon, a young attorney and former prosecutor, spoke briefly about his clinet. He describes her as a 64 year old with a high school education who worked for the clerk’s office for 22 years. She was advised that she could help the campaign and she did not realize that she was doing anything wrong. There was no intent for a conspiracy.

THE JURY WAS EXCUSED AT THE REQUEST OF JOHN HARDIN

John Hardin then made a motion to sever Hannah Kunkle’s trial from the other Defendants. This motion was denied. Helms, for the Prosecution, requested that any testimony regarding the prior indictments and attempts to indict the Defendants be excluded. This was denied by the court also. Helms protested that he did not want it to appear that he was a party to the prior indictments. Hardin then stated, and this is not an exact quote, “when you step into someone’s shoes, you step into the mud too.”

AND THE JURY IS BACK

Hannah Kunkle

Defendant, Hannah Kunkle, represented by John Hardin delivered the 5th and FINAL Opening Argument. Hardin is a prominent, long time, and well known Collin County attorney. He has a folksy and casual manner with the jurors. His style is a conversational one which causes him to segue to various points of information – and the summary here reflects that style.

Hardin addressed each individual juror by name and reminded them that this is the second week of Advent. He described former Constable and husband, Jerry Kunkle’s various illnesses and hospitalizations, including a debilitating heart attack in Colorado, and stated that Kunkle retired to attend to the needs of her husband and family.

Hardin relates that After Kunkle announced her retirement, Kristy Duty and another Clerk’s office employee organized a garage sale to raise money to pay for Crigger’s filing fee. This prosecution “star witness” seemed to want Crigger to win and engaged in the same activities of which the Defendants are accused. Kristy created a flyer for the occasion. Hannah saw the flyer and promptly advised Kristy that “no one is to campaign in the office.”

He stated he did not know what happened at the Fudrucker’s meeting. He said that Judge Roach, an honorable man, was subpoenaed, and will testify at the trial. He mentioned to the jury that there is an article in the March edition of the Dallas Observer that describes the Collin County “Kangaroo Court.” He suggested the jury review the article and then he told them not to do their own research. (Not sure why the prosecution did not object to this one – LIL)

Hardin then segued to the actual election. He said that a Laura Roberge was campaigning at the Election office displaying signs for Crigger and Judge Roach. Sherry Bell called Roberge and told her to stop displaying Roach’s sign. Roberge called Roach and Roach allegedly went to the Election office.

Hardin then describes the raid by the Texas Rangers. The office was shut down during business hours. The Rangers confiscated records, computers, and even hand searched the purses of the employees. This raid was an absolute shock to all in the District Clerk’s office.

Hardin relates that the Defendants, with the exception of Kunkle, were indicted two times before and the indictments were dropped. Greg Davis, then the First Assistant to DA Roach, made a Brady Filing requesting recusal from the case because the DA’s office uses a system called “High Five” to permit exemplary employees to take leave from the office while time records falsely indicated they were actually working. This lead to the appointment of a prosecutor pro tem – John Helms, Jr.. Hardin relates that Helms and his team interviewed various employees. Pursuant to these interviews, Littrell asked Kunkle to write a letter vouching for her and the other defendants. Kunkle did so, and among the various documents that were presented to the subsequent Grand Jury, Kunkle’s letter was among them. This, asserts Hardin, is the reason that Kunkle was indicted in May 2011.

Hardin then describes his repeated requests for a continuance and his difficulty in obtaining discovery from the Prosecution. He stated that Kunkle, upon her announcement to retire, spent many days at the end of her term caring for her husband and was not involved in the minutiae of the office . He conclude by stating that Kunkle specifically forbid any campaigning in the office.

Lex In Limine
Attorney at Law

In my next post, I will describe the testimony of the Prosecutions first witness with information provided by another guest writer, Magna Carta.
LIL

The second day of the trial was entirely spent in choosing a jury

Judge John Nelms

Voir dire took all morning.

After lunch, the judge told the 200 folks on the jury panel, that if they want to ask for an excuse for serving on the jury, he and the counsel would meet with each of them individually, and the judge and attorneys would vote if they could be excused.

59 people lined up to talk to the judge.

That took most all afternoon - from my perspective the procedure had as much drama as watching paint dry.

After the excuses, there were 147 members left in the panel. Each defendant had 7 strikes against a potential juror, and the State had 28 strikes. The whole process was finished a little after 6 PM.

The judge sworn in 10 men and 2 women as the jury. (I wonder if a male jury is less forgiving to female defendants, then a jury made up of mostly female jurors. I don't know.)

The trial will begin again at 9:30 AM at the Ceremonial Courtroom. First up will be the State's opening arguments.

I'll be there.

Bill

The Case
In September, 2009 Hannah Kunkle, the long-time District Clerk announced she would retire and endorsed Patricia Crigger running for the job.

Patricia won the race after a run-off, but a few months later, the Texas Rangers raided the District Clerks office at the Collin County Court House.

The Texas Rangers seized computer hard drives, removable storage drives, calendars, binders, and 2 employee Access Cards. Ranger Davidson interviewed and took testimony from 5 District Clerk employees who charged that they were either pressured into working for the Crigger campaign or told they would be rewarded with "Blue Book" time for any PTO (paid personal time off) taken to campaign.

"Blue Book" time was paid time off that was not authorized by county policies, but instead kept by the supervisors on Excel spreadsheets, and later in binders. One informer told Davidson that the "Blue Books" began in the early 1990's after Hannah Kunkle was elected as District Clerk. When "Blue Book" time was taken by an employee, their supervisor would falsify county records to show that the employee was at work. Employees were reminded to leave their "Access Cards" with their supervisors when taking "Blue Book" time off, so that the supervisor could clock them in as 'present'.

Davidson charges that at least 29 employees (out of 63 in the District Clerk's Office) received "Blue Book" time off during the Crigger Campaign. In the 24 page Affidavit, Davidson lists several examples of employees being reported as present, but not having logged into their computers and of having 'out-of-office' messages on their phones. The DA's documents show over 220 work days in free day, with county money, were given to employees for working on the Crigger campaign.

After she was indicted, she was sworn in as the new elected District Clerk.

The cast:

Judge:

• Judge John Nelms, a retired judge from Dallas County

For the State:

• John Helms,Jr., prosecutor pro tem an attorney in Dallas
• Rebecca Gregory, 2nd prosecutor pro tem the former US Attorney of the Northern District of Texas

Hannah Kunkle

For the Defense:

• Hannah Kunkle, the former elected District Clerk. John Hardin is her attorney.
• Patricia Crigger, the current elected District Clerk. Robert Hinton is her attorney.
• Rebecca Littrell, the Chief Deputy District Clerk. Derek King Walpole is her attorney.
• Sherry Bell, a Deputy District Clerk. Yoon Kim is her attorney.

The Charges

• Kunkle, Crigger, and Littrell are charged with Abuse of Official Capacity, for more than $20,000 and less than $100,000. The charge is a 3rd degree felony, punishable by imprisonment in the penitentiary from 2 years to 10 years plus a $10,000 fine.
• Kunkle, Crigger, Littrell and Bell are charged with Conspiracy of Abuse of Official Capacity, for more than $20,000 and less than $100,000. The charge is a 'state jail felony', punishable by imprisonment in a State Jail from 6 months to 2 years plus a $10,000 fine.

The Trial - Day One:

Most of today's morning was spent corralling the 200 prospective jurors, organizing the court room and then listening to a couple of motion arguments.

I was surprised when I saw the defendants. At first I didn't recognize Hannah Kunkle. She looks some how smaller and older. Her hair was simple and completely grey. Kunkle was wearing a dress looking an older, conservative, dignified lady. The other three ladies' appearance looked in total contrast to Ms. Kunkle. Normally a defendant wants to give a jury's a good their first impression.

Patricia Crigger appeared to be very worn and distracted. She looked disheveled looking like she came in from a storm. Rebecca Littrell came to court in a dressy, casual pants suit. The most shocking was Sherry Bell. She appeared in court in slacks and a home decorated applique sweatshirt. She looked like a bag lady coming to court looking for a free lawyer.

The judge and bailiff spent the large part of organizing moving the trial from a court room to the Central Grand Jury Room. That room was the only one capable of seating over 200 people.

After the court settled down, John Hardin made two motions to continue the case, and to sever Kunkle's charges from the trial. The judge had ruled the same questions before, and again the judge denied the motions.

After lunch, voir dire began. The judge warned the panel that these trials may go on to December 15. Nelms promised them that the trial will not go into Christmas.

I do need to thank Judge Nelms and the prosecutor. He asked the panel did anyone know Bill Baumbach.... and then Helm's later asked them twice if anyone reads the Collin County Observer. While no one said they knew me or read the CCO, I think the court I owe the court for the free advertising of the Collin County Observer. The jury panel was a captive audience and he had their complete attention. That kind of advertising is priceless.

The voir dire will continue late tomorrow.

I will be back there too.

Bill

Terri Green ran for the County Court at Law #6 in 2010. She lost the Republican Primary run-off. She was defeated by Jay Bender, who won by 57%.

Today, Terri has announced for the 380th District Court. That bench is vacant after Suzanne Wooten was convicted of bribery.

It is unclear if the Governor will appoint a new judge until December 2012.

Terri is still setting up a new campaign web site. Terri sent me her announcement:

TERRI GREEN

for

380TH JUDICIAL DISTRICT

My name is Terri Green and I am running for State District Judge--380th Judicial District Court, Collin County.

Your Support

Judges do not run on issues. They seek to be elected or appointed as Judge based on their extensive legal experience and knowledge of the law and to make rulings based on the law as found in the statutes and case law.

So why should you vote for me?

Family

• Proud mother of two “grown” boys

Professional

• 22 years legal experience in Family Law; Civil Trials and Litigation; Probate Litigation; Wills, Trust and Estate Planning; Criminal Defense Counsel (Misdemeanors); and Teen Court Judge

Experienced

• Licensed to practice before the United States Supreme Court – Washington D.C.
• Licensed to practice in Federal Courts – Eastern District of Texas and Southern District of Texas
• Licensed to Practice before the United States Court of Appeals for the Fifth Circuit

Honors and Awards

• One of “21 Leaders for Collin County in the 21st Century” by Inside Collin County Business
• Rotarian of the Year--Rotary Club of Frisco
• Chairman's Award Recipient--Frisco Chamber of Commerce
• 2011 D Magazine—Named one of Top Nine Trust & Estate Attorneys in Plano
  The George T. Barrow Award for 1989 given by the Dean for most outstanding prospective attorney from the graduating class of South Texas College of Law
• Oralist – National Administrative Law Varsity Moot Court Competition 7th Place Brief — Dayton, Ohio
• Best Oralist — Garland R. Walker, Dunn, Kacal, Adams, Livingston, Pappas & Law Mock Trial Competition
• Leroy Jeffers Moot Court Competition — 2nd Place Brief / 2nd Place Team
• Dean’s List for Scholastic Achievement — South Texas College of Law

Involved/Community Leader

• Former General Counsel—Collin County Republican Party
• President--Republican Women of North Collin County
• Board member--Child Protective Services ("CPS") appointed by County Commissioners
• Former Board member Frisco Chamber of Commerce
• Class Chair—Leadership Frisco, Class IX
• Leadership Plano graduate
• Delegate- Texas Federation of Republican Women—Two State Conventions
• Texas Federation of Republican Women member
• Junior League of Plano
• Rotary Club of Frisco
• Frisco Bar Association
• Collin County Bar Association
• Former Grand Jury Commissioner

THE TEXAS LAWYER’S CREED

I AM A LAWYER; I AM ENTRUSTED BY THE PEOPLE OF TEXAS TO PRESERVE AND IMPROVE OUR LEGAL SYSTEM. I AM LICENSED BY THE SUPREME COURT OF TEXAS. I MUST THEREFORE ABIDE BY THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT, BUT I KNOW THAT PROFESSIONALISM REQUIRES MORE THAN MERELY AVOIDING THE VIOLATION OF LAWS AND RULES. I AM COMMITTED TO THIS CREED FOR NO OTHER REASON THAN IT IS RIGHT.

I would be honored to serve you as the Judge of the 380th Judicial District Court and ask for your support and vote in the upcoming election!

I would also be honored if you would endorse me. Please respond to this e-mail to let me know I can add your name to my growing list of countywide endorsements!

Terri Green
Candidate
380th Judicial District Court

Bill

A three panel of the San Antonio US District Court has approved, and ordered, the redistricting maps (on a 2-1 decision) for the Texas House, and Senate. The court has approved that Texas Legislative candidates will file on these new plans.

Filing for candidates begin today, on November 28. The filing period ends on December 15 at 6:00 PM.

The question is… Will the court ordered maps be the final ones for the election? On last Wednesday, the court announced his decision, but today, Greg Abbott, the Texas Attorney General petitioned the US Supreme Court to grant an Emergency Stay to hold the implementation of the court ordered restricting maps.

The AG has, “explained that a stay of the election process is needed because ‘elections should not proceed based on legally flawed maps that are likely to be overturned on further review.’”

If the Supreme Court grants the State’s stay, the primary dates will likely be moved out.

On Saturday, the court has issued and ordered their maps to be used for the congressional districts.

The maps can be downloaded and viewed at the below site at the Legislature GIS site:

The Plans:

• The Congressional ordered plan: Plan 220 [map]
• The Texas House of Representatives ordered plan: Plan 302 [map] [order,]
• The Texas Senate ordered plan: Plan 164 [map] [order]

The Primary:
These local races will be on the 2012 primary ballot:

• United States Representative – District 3 (Johnson)
• United States Representative – District 4 (Hall)
• United States Representative – District 32 (Sessions)
• Texas State Senator – District 8 (Shapiro, not seeking re-election)
• Texas State Senator – District 30 (Estes)
• Texas State Representative – District 3 (vacant, new district)
• Texas State Representative – District 66 (Taylor)
• Texas State Representative – District 67 (Madden, not seeking re-election)
• Texas State Representative – District 70 (Paxton, not seeking re-election)
• Texas State Representative – District 89 (Laubenburg)
• Texas State Board of Education - District 12 (Clayton)
• 199th District Court (Dry, not seeking re-election)
• 380th District Court (vacant)
• 401st District Court (Rusch)
• 416th District Court (Oldner)
• County Court at Law #2 (Lewis not seeking re-election)
• Sheriff (Box)
• Tax-Assessor Collector (Maun)
• County Commissioner Precinct 1 (Shaheen)
• County Commissioner Precinct 3 (Jaynes, not seeking re-election)
• Justice of the Peace – Precinct 3, Place 1 (Lewis, not seeking re-election)
• Constable Precinct 1 (Elkins not seeking re-election)
• Constable Precinct 2 (Barton)
• Constable Precinct 3 (Presley)
• Constable Precinct 4 (Todd, not seeking re-election)

Dallas attorney Michael Li has done an amazing job in reporting all to do with Texas Redistricting. His site “Texas Redistricting” is exhaustive. He keeps the news very current, and with intelligent, in-depth analysis. He’s unbelievable!

Bill

The new Collin County courthouse will need to find room for two large cases involving corruption of their own Collin County officials.

The county's largest courtroom is the Nathan E. White, Jr. Ceremonial courtroom. For the last 2 weeks, the Ceremonial courtroom has been used for the Suzanne Wooten trial.

On Tuesday afternoon, Wooten was convicted of 9 felonies. On January 5, 2009, Suzanne Wooten was sworn-in as a District Judge in that same courtroom.

The courthouse also holds two small auxiliary courtrooms and usually the other courtrooms are used for the judges.

On Monday morning, Suzanne Wooten trial's begins the jury punishment phase of her trial.

At the same time, the District Clerks' corruption trial is scheduled in that same Ceremonial Courtroom. The District Clerks' trial will need the biggest room the court can find. All four of the Clerks will be on court at in one trial. There will at least 2 members of the prosecution, the 4 defendants, and at least 4 to 6 defense attorneys in the courtroom. The judge will probably call a jury panel of at least 100 citizens.

Suzanne Wooten

Hannah Kunkle	Patricia Crigger	Rebecca Littrell	Sherry Bell

THE ACCUSED

The former elected District Clerk, Hannah Kunkle is charged with Abuse of Official Capacity, and Conspiracy to commit Abuse Of Official Capacity.

Patricia Crigger, the serving elected District Clerk is charged with Abuse of Official Capacity, and Conspiracy to commit Abuse Of Official Capacity.

Rebecca Littrell, is the current appointed Chief Deputy District Clerk and is also charged with Abuse of Official Capacity, and Conspiracy to commit Abuse Of Official Capacity.

And Sherry Bell a supervisor at the District Clerk's office is only charged with one count of Conspiracy to commit Abuse Of Official Capacity.

Kunkle, Crigger and Littrell are facing 3rd degree felonies, than can result in imprisonment in Huntsville for 2 to 10 years, and may also include a fine of $10,000 or less. All 4 defendants also face a conspiracy charge that is a State Jail Felony, that can result is jail time from 6 months to 2 years, and may also include a fine of $10,000 or less.

The county is presently building a new wing of the courthouse, but I'm sure the county never planned to hold two simultaneously trials of their own employees.

The trials begin on Monday at 9:00 AM.

Bill

[Note: With permission I am re-posting this article from Hunter Biederman's, Frisco DWI Lawyer and Attorney Blog]

Innocence Lost
Posted on November 25, 2011 by Hunter Biederman

It was a sad day in Collin County. Yet another innocent person was convicted of a crime based on circumstantial evidence and the testimony of an admitted felon and child molester. On Friday, Judge Suzanne Wooten was convicted of 9 counts of bribery, money laundering. Judge Wooten allegedly took money in return for a promise to give favorable rulings.

I guess I shouldn’t be surprised. In a county and era notorious for overzealous prosecution, observers might already be hardened to the notion of innocent people being convicted of crimes.

- Nationally there have been 280 DNA exonerations.

- In Texas, 41 innocent lives have been exonerated from wrongful convictions due to DNA testing.

- In Collin County, even the Supreme Court says its OK to have the Judge and the prosecutor in a sexual relationship together during the prosecution of a capital murder.

A Lack of Substantial Evidence

Part of why I was surprised of this conviction is because I thought there was no way a guilty verdict would ever come from this case. I sat through parts of the trial and never saw any evidence that even remotely pointed towards guilt.

The theory of the case was an odd one to me. In a county where no incumbent judge had ever been defeated, supposedly someone was willing to “bribe” a lawyer to unseat a judge, and reverse rulings already made on their case. The theory was further removed from reality considering Judge Wooten removed herself from the case and never made any rulings that aided the briber.

The prosecutor’s theory (an Assistant Attorney General brought in “AG”) was quite close to the plot of John Grisham’s The Appeal, where a Mississippi Supreme Court justice is pushed to the court to hopefully overturn a big corporate jury verdict. In the book, however, the judge to be didn’t know of the reason he was being placed on the court.

But the fiction in this case became hard reality for Judge Wooten. She now faces up to 20 years in prison. Along with the possible prison sentence she is also subject to the convicted felony tag, the loss of her job as a judge, and probable loss of her law license.

The AG’s theory of the case is that it didn’t matter if the Judge made the favorable rulings or not – the bribe was committed on acceptance of the offer. I guess that is true in theory. I offer to pay an elected official for some favor, they are guilty when they take the money, not when they do the favor.

But a closer look at that idea would show that if the bribed person didn’t do the favor in return for the bribe, then it most likely wasn’t a bribe anyway. The briber in Wooten’s case certainly got screwed out of their $150,000 considering the bribed judge refused to even hear the case much less make favorable rulings.

A Lack of Faith in the Prosecutors

When I was a prosecutor in Collin County, nobody ever asked me how many innocent people I thought I convicted. As a defense attorney, I am constantly asked how many guilty people I get off. The general public perceives the greater “wrong” to be a guilty person getting away with a crime, not an innocent person getting convicted.

“It is better that ten guilty persons escape than that one innocent suffer" ~William Blackstone, c.1760’s

Although not asked about convicting innocent people as a prosecutor, I thought about it during and after my prosecuting career ended. The stock answer in my mind was that I never convicted anyone. They either pled guilty, or a jury convicted them – never me.

My suspicion is that the AG in the Wooten case feels the same way. A jury convicted Wooten – not him. Furthermore, the jury’s verdict justified this prosecution.

Except this AG had even more to gain from a guilty verdict. This verdict cleared his name in an FBI investigation against him. The problem with this outcome is that this prosecution could have been pushed forward out of a hope to clear his name – not for a prosecutor’s stated duty of seeing that justice be done.

Art. 2.01. It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict, but to see that justice is done.

At one point the current Collin County District Attorney tried to intervene and take the case back out of the hands of the AG. This was fought by the AG and eventually overruled by the visiting judge.

If a new, uninterested prosecutor were assigned to the case, the outcome might have become more reliable, and easier for me to believe.

Political Overtones

Much of the lack of faith in the conviction also comes from the political overtones in this case. An ousted republican incumbent judge, upset at a perceived Democratic challenger that smelled of “RINO.” (Republican In Name Only). She was referred by the ousted judge as “active in the Democratic party.”

So here we have it, an AG working for the Republican elected AG’s office, prosecuting a perceived Democrat. If the undertones weren’t enough, during the trial the prosecution politics a focal point of their case. Questions were asked of how many Republic events Judge Wooten attended before running. Not exactly subtle.

It had always been a joke that its illegal to be a Democrat in Collin County. Unfortunately this trial brings the joke into possible reality.

In The End . . .

In the end I am saddened by what seems on all accounts as yet another innocent person being convicted of a crime. If there was any chance at the public having faith in the jury’s verdict, it was lost a long time ago in the face of the overwhelming politics that plagued this case.

Hunter Biederman

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.

After the closing arguments, the jury was given the case at about 12:30 PM.

At 8:30 this morning, the attorneys and the Judge Russell spent some time wrangling the final items for Russell giving the jury their instructions. The judge wrote and gave the jury a 31 page list of instructions. Because the case involved 9 charges, the instructions were often necessarily repetitive.

The judge did give the jury the option of convicting Wooten of the 6 bribery on a less included charges of bribery involving a less amount of money.

Assistant General Attorney Harry White then spent about 20 minutes speaking to the jury; laying out the accusations against Suzanne Wooten. Then he thanked them for staying attentive to a very complicated case of detailed evidence.

Toby Shook, the defense counsel, used almost one hour on his closing argument. He told the jury that this case, "was not very complicated". He went on to tell the jury that the State has not been able to prove the charges beyond a reasonable doubt. He also told them that the State requires hard evidence, but the state has unable to show any. He then told the jury that the State should admit this case was simply a mistake.

Shook pointed out that the $150,000 Stacy Cary that was given to Spencer was never given to Wooten - she paid all the bills from the campaign (and from her own funds).

Spencer was the only person who profited from Stacy's $150,000 checks.

Shook also reminded the jury that Wooten had never spoken to Davis Cary or Stacy Cary before the election, and that she knew nothing about the Cary divorce case. When the Cary's cases did appear on his court, she recused herself, except for making a decision that required that depositions be given and for that, Stacy was awarded $1,200 for attorney fees. Shook asks the jury if they believe that Stacy gave $150,000 for a $1,200 decision. "do you believe, she really got her money?"

Again, he emphasized that there was no Quid pro Quo between Stacy's money and her decisions.
'
Shook repeated that the State's case was weak - with weak evidence. He then rhetorically wondered why the State did not put Judge Sandoval or the Cary's.

Shook then portrayed Wooten as a women who worked her own way all her life. That she worked her way through college and through law school with her own earnings. Shok then wanted the jury to see her as a hard worker, a caring mother, a husband, and a moral, ethical lawyer.

Harry White reserved 40 minutes of his closing arguments for rebuttal.

The jury now saw a completely different Harry White: one who was animated, persuasive and eloquent. White reviewed the evidence and the testimony.

He was derisive, dismissing the defense arguments calling them "incredible". The judge had to warned animated White to stop waggling his finger at the defendant.

White walked the jury back through the summary of the bank transaction, he insisted that Wooten had no campaign until Stacy Cary wrote the checks. He then asked the jury to convict her of using Stacy's money to run for the bench.

White told the jury that a price must be paid for the crimes committed by Suzanne Wooten and the other conspirators. He said that Spencer's immunity will not let him escape without a conviction. White went on to say that he will personally prosecute David and Stacy Cary for their acts.

The jury is now deliberating. If they to not have a verdict by tomorrow night, the judge will recessed the deliberations until Monday morning.

Bill

UPDATE 9:00 PM

A little after 6 PM, the judge dismissed the jury for the night. Judge Russell told the jury they will continue their deliberations at 8:30 AM in the morning.

The jury sent a note to the judge asking for a transcript of James Steven Spencer's testimony. (Spencer's was on the witness stand for almost 2 days). The judge will unlikely grant the jury's request, unless they more closely limit Spencer's testimony to a specific question he was asked. Judge Russell told the jury he will give them his decision in the morning.

Bill

Personal note: I apologize for the quick article I posted this afternoon. I am grateful for the commentator who wrote that my article was poorly written and with poor grammar. He was right. I apologize to my readers. I have edited the piece, and corrected the worst errors.

Bill

The Texas House Districts

The Federal Court Proposed Plan

The 2011 enacted plan

The current plan prior to 2011

The San Antonio Federal Court has released their proposed maps of the Texas House and the Senate District.

The Texas Democratic Party, the NAACP, the LULAC and several Democratic elected officials have sued Texas Legislature's 2011 redistricting maps. The federal courts in Washington, D.C. and in San Antonio have held that the Texas plan dilutes the vote of minorities.

Redistricting is in its nature a political operation. The Republican majority legislature drew several districts to elect more Republicans. That is perfectly legal.

The Democrats however have charged that the legislature gerrymandered the districts to fragmented minority communities to disfranchisement those ability minority elected offices. The federal courts have agreed that the Texas plans are illegal under the Civil Rights Law writing:

"the Court finds and concludes that the State of Texas used an improper standard or methodology to determine which districts afford minority voters the ability to elect their preferred candidates of choice and that there are material issues of fact in dispute that prevent this Court from entering declaratory judgment that the three redistricting plans meet the requirements of Section 5 of the Voting Rights Act."

The courts decision have left the Texas voters confused. They can not know who can and will be able to run for election in their own districts. The court have promised final maps in the following month.

The Texas Legislature House Districts:

The court has extended the filing period. Until the decision is final, the court has allowed candidates to file in their previous districts if the court does not act in time.

If the legislature fails to draw a legal map, then their failure gives the authority to the federal courts. And the courts do their decisions for their own logic. The Democratic issues were mostly involved gerrymandering in Austin, San Antonio and Fort Worth - not that involved Collin County. Nevertheless, the court offered substantial changes to the county's house districts.

The legislature made some significant changes to the Collin County house districts. The newly created District 33, was carved out of District 89 (Jodi Laubenberg) drawn from Rockwall to Frisco. The federal court is planning to also move of District 70 (Ken Paxton) into the District 33 (and renumbered to Dist. 3).

The maps to the right show:

• The proposed Texas House districts. (Plan 298)
• The 2011 legislature enacted districts.
• The previous districts prior to the last redistricting.

The Texas Legislature Senate Districts:

Collin County has two Texas Senate Districts. Senate District 8 encompasses the north-east quadrant of the county, including Plano and Allen. Three quarters of the lesser populated remainder are in Senate District 30.

The legislature was taken a substantial part of Dallas from District 8. The court did not make any major changes to the legislature plan.

Both the legislature and the court has changed the huge 30th District. District runs from Wylie along the Red River to Wichita Falls and south to Erath County. However the legislature and the court have made few changes within the District 30th within Collin County. But the Court has removed very little in Senate District 30 within Collin County. However, the court has made large changes in the remainder of the 30th Senate District by removing Erath County will added the Denton County voters could change the rural demographics adding the ratio to suburbanites in Collin County, and change the locus from Wichita Falls to Denton and Collin County.

(Click the maps to download a pdf larger map)The Texas legislature has maps that show all of the plans here.

The Texas Senate Districts

The Federal Court Proposed Plan

The 2011 enacted plan

The current plan prior to 2011

Bill

Jerry Madden has posted his statement on his campaign website:

Message From State Representative Jerry Madden

Dear Friends,

It is with a heavy, but happy heart, that I have decided I will not seek re-election to Texas House of Representatives in Senate in District 67.

It has been my honor to serve the citizens of House District 67 for the past nineteen years. I believe that I have reached the pinnacle of achievement for a State Representative. This year I was chosen as the 2011 American Legislation Exchange Conference (ALEC) Legislator of year nationally for my work on Corrections, in 2010 I was honored by Governing Magazine as their Public Officials of the Year for my work on changing the Corrections system in Texas and was previously chosen one of the 10 Best Legislators in Texas in 2007.

These honors, and the national respect of my peers that lead to them, are the highlight of my career.

As the national spokesman for Texas I have had the honor of spreading our Conservative, Smart Texas response on Criminal Justice to the nation. We have become national experts on justice reinvestment and on Right on Crime. As Chairman of the Criminal Justice committee my efforts saved the taxpayers of Texas over $240 Million dollars in this session alone.

A few of the bills I am the most proud to have authored or sponsored in the House are the Judicial Campaign Finance Bill, the overhaul of Juvenile Justice in SB103 in 2007, the expansion of Drug Courts, the consolidation of the Juvenile Probation and Youth Commission, and the development of the Nurse Family Partnership.

I love Texas and together we have accomplished a great many things that make me proud to be a Texan. This would not have been possible without the help of so many people across our state. I could not have done it without a great staff, three whom have been with me since the beginning: Mark Hey, Karin Tucker and Denise Voss, and more recent additions Marsha McClain and Teri Avery.

It has been the opportunity of a lifetime to serve the citizens of Plano, Richardson, Dallas and most of Collin County for almost 20 years. It has been a privilege few have received and I thank all of the citizens of District 67 for the faith and trust they have placed in me. Having accomplished more than I imagined possible when I first took office, I now look forward to spending a lot more time with my wonderful wife Barbara and on working on what has become the passion of my life, the changes we have made in the juvenile and adult criminal justice systems in Texas and being the spokesman nationally for programs in Criminal Justice.

While it is with a sense of nostalgia I close the door on my years of service in the Texas House, it is an exciting challenge to discover the many doors that have opened to me to continue my work on a national level.

My term in the Texas House does not end until January 2013. I will continue to serve you at my District and Austin Capitol offices until that time, so please do not hesitate to contact me.

I am grateful to the citizens of Collin County and other Texans, who chose to work with me to make the changes that have made Texas an even better place to live, raise a family and grow a business. I have been blessed with the opportunities that came my way, the work I have been able to accomplish and the friends I have made along the way.

Sincerely,

Jerry

With Jerry Madden and Florence Shapiro leaving the legislature in 2012, the Collin County delegation will have no effective veterans in the legislature.

Reporter Robert Garrett of Dallas Morning News Trail Blazer blog, has written, "Rep. Jerry Madden, R-Plano, said Monday he won't seek re-election to an 11th term in the Texas House. Madden, 68, said as the candidate-filing period approached, he toted up the pluses and minuses of going into the lists one more time and realized, lo and behold, "I've gotten just about everything done that I've ever wanted to get done."

"Madden was asked if the recent announcements by two much younger Republicans that they'd run against him in the March primary was a factor in his decision to quit."

"'No. I'm leaving on top,' he replied."

"The two challengers, lawyers Jon Cole and Jeff Leach, have courted the support of tea party adherents..."

"Madden declined to say if he'll endorse a successor. He noted the uncertainty over political boundaries of all legislative seats, including his 67th House District. Three federal judges sitting in San Antonio are likely to revise the redistricting plans for legislative and congressional seats that were passed by the GOP-controlled Legislature earlier this year."

"'Better wait and see who's running,' Madden said. He called himself 'the happiest camper in the world' to be picking his own time of departure, and to exit feeling he has accomplished something."

Bill

Major Chuck Ruckel is in charge of the Operations Division in the Collin County Sheriff's Department, has announced for a run for the Justice of the Peace in Precinct 3-1 in Plano.

Judge Johnny Lewis will not be running for re-election next year. His term will end on December 31, 2012.

Ruckel has posted a brief announcement on LinkedIn writing,"I wanted to let you know that I am a candidate for Collin County Justice of the Peace, Precinct 3-1. The incumbent, Judge Johnny Lewis, is retiring. This office is the people’s court and it is important to elect proven leaders who know the law. I believe that I am that person."

In 1971, Ruckel earned a degree in AeroSpace Engineering at The University of Texas in Austin, and is a Registered Professional Engineer. He has also earned a Master Degree in Management at UTD. He has also graduated from Leadership Plano and the Leadership Command College Sam Houston State University.

As the Department head of the Sheriff's Department of the Operations Division is responsible for Criminal Investigation, Patrol, Crime Prevention, DARE, Health and Safety, Narcotics and Weight & Licenses.

He is on the Board of Directors of the Children's Advocacy Center of Collin County. He is also a member of the North Texas Crime Commission, the North Texas Chiefs of Police Association, the Sheriff's Association of Texas, and of the National Sheriff's Association.

Major Ruckel has not yet set up a web site or a Facebook page. He can be reached by email at ruckel202@hotmail.com.

A map of the Justice of the Peace precinct map is at the Collin County website. (Good luck seeing the map. It loads very slow, if at all. The county can go better.)

The Collin County Observer is unaware of any other candidates running so far for JP, Precinct 3-1.

Bill

The pretrial hearing in the Collin County District Clerk's case held on November 8, 2011 revolved around motions filed by former District Clerk Hannah Kunkle's attorney John Charles Hardin. Watching Mr. Hardin in action, it appears he is nothing if not flamboyant, perhaps a cross between Richard “Racehorse” Haynes and Colonel Harland Sanders of Kentucky Fried Chicken fame.

The hearing was held in the suffocatingly small Auxiliary Courtroom #3 and with so many grandmothers in attendance; it looked more like a gathering of the Collin County Garden Club.

All of Mr. Hardin’s minor motions were granted, but only after objections made by attorney pro tem John Helms resulted in the rewriting of many of them. However, a motion for continuance was denied, as was Hardin’s request to have former District Clerk Hannah Kunkle's trial severed from her co-defendants.

A major dispute erupted between Mr. Hardin and Mr. Helms concerning when discovery would be made available to Mr. Hardin for use in preparing Hannah Kunkle's defense. The dispute became so heated that Judge Nelms had to quiet the two. Mr. Hardin demanded a specific time and place for all discovery and a list of the state's expert witnesses to be provided to him. It was finally decided the exchange would take place November the 15th at 10 AM at the courthouse. Judge Nelms left it for Hardin and Helms to decide exactly where in the courthouse the exchange would take place.

Next up was Sherry Bell's attorney Mr. Yoon Kim. Based on the decisions made on Kunkle's motions, many of Mr. Kim's motions were withdrawn or were granted without objection by Mr. Helms. Helms objected to Kim's motion requiring disclosure of all information concerning the informers who brought the allegations against the four district clerks. Judge Nelms granted this motion.

Derek King Walpole representing Rebecca Littrell asked to adopt all orders to Littrell's case. Judge Nelms granted this motion.

Judge Nelms next considered motions filed by District Clerk Patricia Crigger’s attorney Robert Hinton. Judge Nelms stated, "I ruled on all of Kunkle's motions and therefore I have ruled on yours," to which Mr. Hinton said, "yes sir."

Next Judge Nelms busied himself with judicial housekeeping. In discussing voir dire Judge Nelms stated there would be 56 peremptory challenges. 28 for the state and 7 for each of the defendants. Mr. Walpole suggested they might need to call 250 members of the jury pool. Judge Nelms felt 150 would be sufficient and expressed concern that the selection of a jury should take no more than one day because of voir dire cost the county $6000 a day.

The affable Judge Nelms closed the hearing stating, "Thanks for being here, I'll see you on the 28th."

John

Collin County had a pathetic 3% voter turnout, but statewide it was 5%. It is interesting that the county which has a much higher educated and an affluent (and apathetic) population, but still voted about 40% lower rate than the rest of Texas.

The County did not vote to approve half of the Constitutional Amendments. Collin County voters refused to approve: Prop 3 (Bonds for college loans), Prop 4 (Bonds for blighted redevelopment), Prop 6 (To distribute for money from the permanent school land funds), Prop 7 (Bonds for conservation and parks), and Prop 8 (To appraise land for water-stewardship purposes).

But statewide, the voters approved all of the constitutional amendments except for, Prop 4 (Bonds for blighted redevelopment), Prop 7 (an El Paso County permission to form a reclamation district) and Prop 8 (To appraise land for water-stewardship purposes).

All the local propositions including Plano and McKinney were approved by the voters.

Collin County has all polling place results. The turnout was 3.1%

The State of Texas statewide results are not complete, but 96% of the precincts have reported. The statewide turnout 5%.

The 10 Constitutional Amendments proposed are:

1. "The constitutional amendment authorizing the legislature to provide for an exemption from ad valorem taxation of all or part of the market value of the residence homestead of the surviving spouse of a 100 percent or totally disabled veteran."

Collin County:

• For: 10,560 (80.65%)
• Against: 2,534 (19.35%)

Texas statewide:

• For: 82.86%
• Against: 17.13%

2. “The constitutional amendment providing for the issuance of additional general obligation bonds by the Texas Water Development Board in an amount not to exceed $6 billion at any time outstanding.”

Collin County:

• For: 6,956 (53.55%)
• Against: 6,033 (46.45%)

Texas statewide:

• For: 51.43%
• Against: 48.56%

3. "The constitutional amendment providing for the issuance of general obligation bonds of the State of Texas to finance educational loans to students.”

Collin County:

• For: 5,899 (45.29%)
• Against: 7,126 (54.71%)

Texas statewide:

• For: 54.45%
• Against: 45.54%

4. "The constitutional amendment authorizing the legislature to permit a county to issue bonds or notes to finance the development or redevelopment of an unproductive, underdeveloped, or blighted area and to pledge for repayment of the bonds or notes increases in ad valorem taxes imposed by the county on property in the area. The amendment does not provide authority for increasing ad valorem tax rates."

Collin County:

• For: 5,314 (41.01%)
• Against: 7,643 (58.99%)

Texas statewide:

• For: 40.20%
• Against: 59.79%

5. "The constitutional amendment authorizing the legislature to allow cities or counties to enter into interlocal contracts with other cities or counties without the imposition of a tax or the provision of a sinking fund."

Collin County:

• For: 8,023 (62.03%)
• Against: 4,912 (37.97%)

Texas statewide:

• For: 57.93%
• Against: 42.06%

6. "The constitutional amendment clarifying references to the permanent school fund, allowing the General Land Office to distribute revenue from permanent school fund land or other properties to the available school fund to provide additional funding for public education, and providing for an increase in the market value of the permanent school fund for the purpose of allowing increased distributions from the available school fund."

Collin County:

• For: 5,750 (44.29%)
• Against: 7,233 (55.71%)

Texas statewide:

• For: 51.44%
• Against: 48.55%

7. "The constitutional amendment authorizing the legislature to permit conservation and reclamation districts in El Paso County to issue bonds supported by ad valorem taxes to fund the development and maintenance of parks and recreational facilities."

Collin County:

• For: 6,168 (48.41%)
• Against: 6,573 (51.59%)

Texas statewide:

• For: 48.24%
• Against: 51.75%

8. "The constitutional amendment providing for the appraisal for ad valorem tax purposes of open-space land devoted to water-stewardship purposes on the basis of its productive capacity."

Collin County:

• For: 6,280 (48.81%)
• Against: 6,586 (51.19%)

Texas statewide:

• For: 46.94%
• b>Against: 53.05%

9. "The constitutional amendment authorizing the governor to grant a pardon to a person who successfully completes a term of deferred adjudication community supervision."

Collin County:

• For: 7,490 (57.77%)
• Against: 5,476 (42.23%)

Texas statewide:

• For: 57.18%
• Against: 42.81%

10. "The constitutional amendment to change the length of the unexpired term that causes the automatic resignation of certain elected county or district officeholders if they become candidates for another office.
Collin County:

• For: 7,413 (57.40%)
• Against: 5,501 (42.60%)

Texas statewide:

• For: 55.91%
• Against: 44.08%

Bill

The Observer will be watching:

• Today, the beginning of the bribery trial for District Judge Suzanne Wooten. I expect this trial to last for several days.

• On Tuesday, vising Judge Nelms will hold a hearing on Hannah Kunkle, Patricia Crigger and the other two indicted District Clerks for conspiracy and theft of more than $20,000 in government money. The hearing will be held on Election Day (ironic?).

  This hearing might have some interesting developments. We'll keep you informed. Rebecca Gregory has been appointed as 2nd Attorney pro tem. Gregory was the former appointed US Attorney in the Texas Eastern District. Gregory was appointed to the US Attorney by George W. Bush and confirmed by the Senate. The trial is scheduled for November 28.

• Tuesday is also Election Day on the Constitutional Amendments, and several local propositions. Both the City of Plano and McKinney are asking the voters to increase the terms of the city councilmen.

  The decision of the state's voters on Proposition 10 will affect at least two Collin County primary races in 2012. (The Texas Legislature, District 70, and the Collin County Sheriff)

Readers, we will keep you informed.

Bill

Jerry Madden, the veteran state representative for the 67th district, is facing two young candidates seeking to unseat the 19 year veteran in the 2012 Republican primary. Jerry Madden was first elected to the Texas Legislature in 1992, and he now serves in the legislature as the chairman of the Corrections Committee.

Both of his opponents are under 30 years old. Jeffrey Leach and Jon Cole are both attorneys in Collin County. Four years ago Jon Cole gave Jerry Madden a spirited contest in which Madden won by less than 650 256 votes. The voters can expect a very interesting well-fought race.

The Map (maybe)

The 67th District is in central Plano, parts of Richardson, Allen and Dallas. The district is made of 27% of Plano (69,280 from Plano), 4% of the City of Dallas (46,883), 29% of Richardson (28,495) and also 424 in Allen and 266 in Garland. (The map to the right is of the 2011 redistricting plan.) This map is still being challenged in federal court in San Antonio. The complainants [the Democrats] are asking the court to redraw the map to eliminate excessive gerrymandering. An example is Collin County's new District 33 which runs from West Plano and Frisco and along the north part of the county to the eastern border including Royse City and all of Rockwall County. The Federal Court has put the Texas House plans for the Congress districts in jeopardy. Jerry Madden served on the Texas House Redistricting Committee.

Jon Cole

Jon Cole received his bachelor's degree from the University of Texas at Austin with a double major in history and government and graduated from the Institute of Comparative Political and Economic Systems at Georgetown University in Washington, DC. Cole graduated from the University of Texas Law School and was admitted to the bar in 2010.

On his campaign website, he describes himself, as “a proven conservative leader in the private sector and our community. A finance attorney and healthcare investor… A finance attorney and healthcare investor, …[and] a partner in a Dallas merchant banking firm and board member of a Dallas technology company.”

Jon has worked as a volunteer state coordinator for a Texas anti-drug organization. He touts that he “led conservative and law enforcement groups from around the state and nation to kill “The Drug Dealer Protection Act” that would have released thousands of drug dealers into our communities.” He also states that he “was part of a task force comprised of elected leaders, judges, and law enforcement officials, formed to eliminate new synthetic narcotics that were creeping into Plano and Allen public schools. This group’s efforts led to the passage of Senate Bill 331, which was signed into law by Governor Perry in 2011.”

He has served as a legislative aide in the Texas House of Representatives, has worked in the Governor's Criminal Justice Division analyzing Texas' drug court system and assisting the Texas Crime Stoppers program. He also assisted the Governor's Office of Homeland Security in producing the state's emergency communication network.

He writes that he also, “knows the issues facing job-creators as he interacts with entrepreneurs, CEOs, and financial institutions on a daily basis to help grow companies, create jobs, and assist struggling businesses to meet payroll.”

Jon said he is running for the Legislature because, “We’re coming together because ‘business as usual’ is no longer tolerable in Austin. We depend on our elected leaders to represent our values and beliefs. Instead, we get business as usual from our elected officials – saying one thing at home and doing another in Austin.”

And that he will, “work to earn your vote and be your honest conservative voice to Austin. With your help, I’ll work to bring back our economy, secure our borders, rein in out of control government spending, and restore accountability to Austin. Most importantly, I will take our shared values of faith, family, and freedom to Austin.”

Jon Cole's second attempt to unseat Jerry Madden ran a much criticized campaign which included "push polling", misleading flyers and mean-spirited attacks.

The Collin County Observer wrote of the 2008 campaign, "This is old-fashioned, shoot-em-up, nasty Texas politics." Cole's tactics almost worked; he garnered 48.27% of the votes in the March, 2008 GOP primary.

Jeff Leach

Jeff Leach graduated from Plano Senior High School, and Baylor University in 2005 with a degree in Political Science. He obtained his Law Degree at SMU in 2008, and was admitted to the Bar in 2009. He is an Associate at Griffith Nixon Davidson, P.C., and on the Governmental Affairs Committee of the North Texas Association of General Contractors (TEXO).

At Baylor, Leach was elected twice as the Student Body President in 2003-2005, and was a Texas State Society Scholar in 2004.

Leach is an active member of Prestonwood Baptist Church where he has served for several years in the Young Families Ministry.

On his campaign website, Leach writes that his “conservative convictions are deeply rooted. He is dedicated to reducing the size and scope of government and lowering taxes to create more economic freedom for individuals, families and businesses in Texas.”

He describes himself as, “an attorney with deep roots in the community, is committed to bringing strong conservative values back to the district.”

Leach writes that, “As the next true conservative State Representative in Collin County, I will aggressively work to eliminate wasteful spending, fight to lower taxes and will be committed to improving education by sending more dollars directly to the classroom where they do the most good instead of on ineffective and inefficient administrative bureaucracy.”

“A lifelong conservative, Leach is an advocate for tort reform and has worked over the past few years with Texans for Lawsuit Reform to further reduce the frivolous lawsuits that clog up the justice system in Texas. He is also strongly committed to traditional conservative values and will fight to preserve our Second Amendment freedoms, safeguard traditional marriage, and protect the sanctity of every human life.”

Leach states that he, “demonstrated his commitment to conservative values, serving President Bush in the White House Office of Political Affairs and at the Republican National Committee helping to elect Republicans across the country.”

He writes, “The days of politicians saying one thing to voters at home and doing another in Austin are over.”

Jerry Madden

Jerry Madden, graduated from West Point with a Bachelor of Science in Engineering. He then spent six years in the Army, including one year in Vietnam and two years in Germany, before bringing his family to Richardson, Texas, in 1971. In 1979, he obtained a Master of Science in Management and Administration Sciences from the University of Texas at Dallas.

Madden worked 11 years for Texas Instruments, 8 years for Teledyne Geotech, and in 2000 formed Jerry Madden Insurance to offer group health plan coverage options to small businesses out of his independent agency's Plano offices. In July of 2008, he sold his company and retired from the insurance business.

Madden on his campaign website, describes himself, “As a 38 year resident of Collin County, Jerry has been involved in numerous veterans' and community organizations, holding positions such as President of the Collin County School Board, and Chairman of the Collin County Hospital Board as well as serving on the Advisory Board of the Plano Chamber of Commerce.”

He also writes that he was,” Dedicated to the Republican philosophy, Jerry was elected Precinct Chairman in his local neighborhood in 1974, and Chairman of the Republican Party of Collin County in 1984.”

Madden was first elected to the Legislature in 1992, and has been re-elected 8 times.

Madden serves in the legislature as the chairman of the Corrections Committee, and is a member of the Judiciary and civil jurisprudence committee, the Redistricting committee, and on the Election Contest committee. Prior committee appointments have included Calendars, Public Education, House Select Committee on Public School Finance, State Affairs, Urban Affairs, Public Safety, Elections, State, Federal and International Relations, and Rules and Resolutions.

He states that in 2005, the Speaker of the house first appointed him to Chair the Corrections Committee with his marching orders, "Don't build new prisons. They cost too much”

Madden is one of the most influential and well-respected members in the legislature, and is considered one of the nation’s leading leaders in reforming the penal system. In 2007, Texas Monthly named him as one of the ’10 Best Legislators’.

Madden writes that he is, “especially proud to have been the first recipient in 2007 of the Carmen Miller Michael Mental Health Advocate Prism Award, being presented in March of 2009 with a University of Texas at Dallas Distinguished Alumnus Award, being named as a member of the Board of Directors of the Council of State Government’s Justice Center in April of 2009, and in July of 2009, being nominated to serve as Chairman of the Law and Criminal Justice Committee formed by the National Council of State Legislatures.”

Madden writes that, “[he] continues to exhibit the commitment and drive which he first brought to the Legislature. Always accessible to his constituents and sensitive to the changing needs of Texas and District 67, Representative Madden seeks to promote limited government, fiscal responsibility, safe and thriving communities and successful families and businesses.”

Bill

The Constitutional Amendments election is on November 8th. The polling places are all center votes, so that any voter can vote at any polling place in the county. The list of sample ballots and polling places can by found at the Elections Department.

The 10 Constitutional Amendments proposed are:

1. "The constitutional amendment authorizing the legislature to provide for an exemption from ad valorem taxation of all or part of the market value of the residence homestead of the surviving spouse of a 100 percent or totally disabled veteran."
2. “The constitutional amendment providing for the issuance of additional general obligation bonds by the Texas Water Development Board in an amount not to exceed $6 billion at any time outstanding.”
3. "The constitutional amendment providing for the issuance of general obligation bonds of the State of Texas to finance educational loans to students.”
4. "The constitutional amendment authorizing the legislature to permit a county to issue bonds or notes to finance the development or redevelopment of an unproductive, underdeveloped, or blighted area and to pledge for repayment of the bonds or notes increases in ad valorem taxes imposed by the county on property in the area. The amendment does not provide authority for increasing ad valorem tax rates."
5. "The constitutional amendment authorizing the legislature to allow cities or counties to enter into interlocal contracts with other cities or counties without the imposition of a tax or the provision of a sinking fund."
6. "The constitutional amendment clarifying references to the permanent school fund, allowing the General Land Office to distribute revenue from permanent school fund land or other properties to the available school fund to provide additional funding for public education, and providing for an increase in the market value of the permanent school fund for the purpose of allowing increased distributions from the available school fund."
7. "The constitutional amendment authorizing the legislature to permit conservation and reclamation districts in El Paso County to issue bonds supported by ad valorem taxes to fund the development and maintenance of parks and recreational facilities."
8. "The constitutional amendment providing for the appraisal for ad valorem tax purposes of open-space land devoted to water-stewardship purposes on the basis of its productive capacity."
9. "The constitutional amendment authorizing the governor to grant a pardon to a person who successfully completes a term of deferred adjudication community supervision."
10. "The constitutional amendment to change the length of the unexpired term that causes the automatic resignation of certain elected county or district officeholders if they become candidates for another office.

Some explanations and arguments for the amendments are:

• VoteTexas.org is run by the Texas Secretary of State
• League of Women Voters of Texas
• The Dallas Morning News, Editorial: Slate of state amendments deserves a ‘yes’ vote [may require subscription]
• Paul Burka the Senior Executive Editor of The Texas Monthly offers a curmudgeon's opinion of the 10 amendments.

The election will also include some local propositions (sample ballots are linked):

• The City of McKinney will seek approval of 3 propositions; one is Prop 3 which is to increase City Council members terms to 4 years.
• Lowery Crossing is asking to increase sales tax by 1/4 cents for maintenance and repairs of streets.
• The City of Plano is requesting the voters to approve 3 propositions. Prop 1 will change city council member terms will be 4 years.
• The City of Melissa is asking to adopt a Home Rule Charter.
• The City of Murphy is changing the use of 1/2 cent of sales tax to create The City of Murphy Municipal Development District.
• The Wylie Northeast Special Utility District is holding an election for a Director. The candidates are, Brenda Kellor, Joseph T. Sebring, Greg Lutz, and Sue Jones.
• The Collin County Water Control and Improvement District #3 is asking voters to confirming the creation of the District, the election of the directors (whose names are not listed?), and the issuance of $87 million, and a tax levy of $1.20 per $100 of valuation.

Early voting days and hours:

• Monday, Oct 24
  8 am - 5 pm
• Tuesday, Oct 25
  8 am - 5 pm
• Wednesday, Oct 26
  8 am - 5 pm
• Thursday, Oct 27
  8 am - 5 pm
• Friday, Oct 28
  8 am - 5 pm
• Saturday, Oct 29
  8 am - 5 pm
• Monday, Oct 31
  8 am - 5 pm
• Tuesday, Nov 1
  8 am - 5 pm
• Wednesday, Nov 2
  8 am - 5 pm
• Thursday, Nov 3
  7 am - 7 pm
• Friday, Nov 4
  7 am - 7 pm
• Election Day
  Tuesday, Nov 8
  7 am - 7 pm

Early voting polling places:

Temporary Early Voting Polling Locations

Melissa City Hall,3411 Barker Ave., Melissa
Oct 31 - Nov 2: 8am - 5pm &
Nov 3 - Nov 4: 7am - 7pm only

Texas Star Bank, 402 W. White, Anna
Oct 24 - Oct 29: 8am - 5pm only

Valliance Bank, 5900 Lake Forest Drive, McKinney
Oct 24 - Oct 28: 9am-4pm &
Oct 31 - Nov 4: 9am-4pm

Bill

The 15 year County Commissioner Joe Jaynes has "non-announced" that he might run for the 70th District in the Texas Legislature.

Under the Texas Constitution, if Jaynes announces that he is running for another position less than 1 year at the end of his term, is automatically resigned from his commissioner's court seat. Since the legislature has changed the dates for the deadline to file for a race would be 13 months before the end of his term. If he 'officially' runs, then his seat is declared vacant, and the County Judge, Keith Self can replace a new interim precinct 3 commissioner.

The special elections for the Constitutional Amendments' election is on November 8th. The 10th amendment on the ballot will allow an official to hold his position and run for a different office if his announcement is 1 year and 1 month from his term ending without resigning his seat.

Joe has sent a letter to his friends, by email and on his Facebook page. He writes:

Dear Friends,

Thanks to encouragement from so many of you, my family and I are strongly considering running for State Representative from District 70 which represents McKinney and most of northern Collin County.

I cannot make an official announcement at this time because throughout Texas, county office holders are restricted on formally announcing for a state position until December 2, depending on the passage of Proposition 10 in the upcoming November 8 constitutional amendment elections. (Complicated, isn't it?)

However, in the meantime, I am looking for your thoughts and input.

This position has had excellent representation from Ken Paxton. It would be my goal to carry on the conservative principles that Ken has established through his leadership.

My own record as county commissioner reflects these conservative values. For example:

• I have never voted for a tax increase;
• I authored the 5% county homestead exemption;
• Collin County was one of the first counties in the state to receive a AAA bond rating;
• We have approximately $2 billion worth of transportation projects underway;
• The commissioners' court placed our employees on a pay for performance system as opposed to the traditional step system that most government entities have in place;
• I led the effort in freezing taxes for senior citizens;
• We cut the county property tax to one of the lowest in the state.

Unfortunately the state of Texas is not as well off. For the upcoming legislative session in 2013, Texas could be facing another deficit. It is during these trying times that Collin County needs a state representative with the necessary experience to make the hard decisions necessary to keep this state great.

My pledge to you would be to approach the difficult issues with three core beliefs that I hear every day from constituents which are:

• People want less government intrusion in their lives
• Counties, cities and school districts should have more local control
• No new taxes

I would also make as my platform the following issues which I believe are so important to the future of Collin County:

• No new toll roads - Collin County does not need to be one big gated community;
• Water -- in this fast growing area it is essential that we develop long-term water resources;
• Local control for our school systems -- If Austin is going to cut funding for schools they should cut unnecessary regulations as well;
• Unfunded mandates - There should be a constitutional amendment prohibiting unfunded mandates for cities, school districts and counties;
• End diversions -- almost half of gas tax revenues meant for roads are diverted to other areas of the state budget.

I plan on using the time between now and December 2 to listen to you in order to find out what you want to see in your next state representative. Please send me your thoughts and ideas on these issues and others.

As always, it is a pleasure serving you.

Best,

Joe

Bill

Two candidates have begin campaigning for Precinct 3 on the Collin County Commissioner's Court. The Precinct 3 place has been held by Joe Jaynes for the last 15 years and has announced that he will not seek re-election.

In September, the Commissioner's Court redistricted the commissions precincts (districts) and the voting precincts. The precincts may change slightly if the Federal Court finds the legislatures districts illegal. The county is required to keep any voting precincts that cross the lines of congress, legislature, commissioner's etc. If the legislature and/or congress districts must be redrawn again, the voting precincts may need to be re-aligned.

Ray Eckenrode

Republican Eckenrode is the Founder and Managing Partner of Appian Commercial Realty in McKinney. He describes himself as, "a 22-year Collin County resident, is a fiscal conservative, proven businessman, and well-respected corporate citizen. He currently serves as a Commissioner of McKinney’s Planning and Zoning Board, sits on the Medical Center of McKinney’s Board of Trustees, the Board of Directors of the McKinney Chamber, and the McKinney Education Foundation’s Board of Directors. Past community involvements include Chairman of the McKinney Community Development Corporation, President of the McKinney A&M Club, and member of the Board of Directors for Avenues Counseling."

In his announcement, Eckenrode said, “Collin County and Precinct 3 have been well-represented by Commissioner Joe Jaynes for over a decade. His effective leadership and successful progress in the areas of transportation, expansion, infrastructure improvements, and creating beneficial partnerships between cities should be continued. Collin County is truly one of the best places to live and I am committed to sustaining and the quality of life our citizens enjoy. I believe my success as a business entrepreneur and a community leader uniquely qualify me for this position. I look forward to earning the opportunity to serve and represent Precinct 3.”

Eckenrode graduated with honors from Texas A&M with a degree in Finance in 2000. Prior to real estate, he was an Account Executive and Partner Manager for EMC, one of the world’s leading data storage and software companies, with a client list including J.C.Penney, ExxonMobil, and Bank of America. In 2003, he was one of the youngest brokers in the nation to receive the CCIM (Certified Commercial Investment Member) designation.

His campaign website is not up, but he has a Facebook campaign page.

Chris Hill

Republican Chris Hill is a Certified Public Accountant, Certified Internal Auditor and, a Certified Fraud Examiner. He is the Controller at North Texas Public Broadcasting (KERA TV 13 • KERA 90.1 FM • KXT 91.7 FM). He has been a Controller at A3D Technologies, Fellowship of Stonebridge and at Cornerstone Bible Fellowship.

He earned a BA at A & M, Commerce at Political Science in 1998. He has also earned a MA degree in Leadership at the Columbia International University, a MBA at Webster University, and a MS in Accounting & Information Management at The University in Texas at Dallas.

While Hill has been campaigning, he has not issued an announcement. His website is at www.votechrishill.com, but has no pages posted. We should expect to here more about him in the weeks to come.

Bill

The 2012 campaigns have started beginning. Two candidates have begun campaigning for the Texas House in District 70.

The Map (maybe)

The 70th District is in northern Collin County. The map to the right is of the 2011 redistricting plan. (This map has still challenged in federal court in San Antonio. The complainants [the Democrats] are asking the districts to redraw the map to eliminate excessive gerrymandering. An example is Collin County's new District 33 runs from West Plano and Frisco and along the north part of the county to then along the east including Royse City and all of Rockwall County. The Federal Court has put the Texas plans for Texas House on for the Congress districts in jeopardy.)

Ken Paxton has been the incumbant in Dist 70, but has decided to run for the State Senate race for District 8 when Florence Shapiro has announced to retire.

The two Republican candidates have begun campaigning so far for the 70th House District:

Scott Sanford

Republican Scott Sanford is a life-long Texan, and a Baylor Bear for about half of that time. He earned BBA and MTax degrees, and maintains a CPA license in the State of Texas. His career path includes positions at Ernst & Young, and ownership in two franchise endeavors. Scott has served Cottonwood Creek Baptist Church in Allen, TX (formerly First Baptist Church in Fairview) since 1997 and is currently the Executive Pastor.

On his website, Sanford wants to serve as a state representative because, "Our nation is at a perilous point in history. The danger is great and our demise as the world’s leading free country is plausible, if not likely. The uniqueness of today’s crisis as compared to past threats to America is that today’s most pressing issues were brought on ourselves by American governmental leadership at all levels—federal, state, and local. We have not been invaded nor are foreign armies amassing at the borders. Nevertheless, we find ourselves in a country of serious decline. Our decline is financial, governmental, cultural, structural, and moral."

He writes, "My background as a CPA, business owner, and Executive Pastor has provided me with the experience to serve effectively in a difficult time in our history. My experience has given me insight and practice with balancing budgets, creating jobs, and imploring people to live in such a way that they are blessed."

The Scott Sanford campaign web site

Bracy Wilson

Republican Bracy Wilson is the President of HelpCharters, whose is a Charter Service Company that provides charter school consulting and support services to people who want to make a difference in kids through the public charter school system.

In 1998 Wilson earned a BS degree in Pastoral Ministries at Southwestern Assemblies of God University. He is also the founder and president dba/Bracy Wilson Ministries, Inc. is a non-profit organization that serves "kids on the spectrum" (K.O.T.S.) of Autism. Who aims to launch the first Charter School for KOTS pending Texas legislation passage of law. He also worked at Life School of Dallas and he was the founder of the Stonebridge Church.

At his website, Wilson ,states that he was, "a job creator and conservative leader, knows how to get the job done. From his service in vocational ministry to his work with high performing public charter schools around the state, Bracy has spent his career helping change lives. We face a lot of serious challenges as a county, a state and a nation, and we need people in elected office who have done more than just talk about our shared conservative values."

The Bracy Wilson campaign web site

Bill

Judge Jerry Lewis, the judge of the Collin County Court at Law #2, has sent a resignation to the commissioners court. His resignation is effective on October 31, 2011.

Judge Lewis was first elected in 1986. Before his bench for 25 years, he was a prosecutor at the Collin County District Attorney's Office.

Lewis wrote:

"With appreciation to everyone in Collin County and regrets to you and other members of the Commissioners Court, I tender my resignation as full-time judge of the Collin County Court at Law No.2 effective October 31,2011."

"I am very thankful for those who helped me serve over the years. I have done my best to truly and impartially provide justice.

"The timing of my action is to allow you to declare a vacancy exists so the office can be placed on the ballot for the upcoming election and so the best qualified candidates can begin their campaigns.

"Regarding my successor, I encourage you to do what the Court has done before and let the people decide. If you delay the appointment until after the upcoming primary, the voters will provide your best choice."

The Commissioners Court has the right to fill a vacancy in the Courts at Law until a new judge is elected at the "next general election". Two years ago, the commissioners court decided not to make an appointment on the courts until the primary elections has decided the races (unopposed in the November election).

Bill

In the Allen school district, 4,373 voters have approved a 13 cent property tax rise (to $1.67 per $100 valuation) by 60.5% to 39.5%.

The 9.7% turnout was a large turnout for a school election proposition.

The vote was:

2,645 FOR
1,727 AGAINST
out of 45,141 registered voters

The school district board explained the tax raise was needed to, "offset $21 million in cuts to local funding by the Texas Legislature in 2011."

"The Texas Legislature reduced funding of over $4 billion to Texas public schools in June. Cuts to Allen ISD are approximately $9 million for 2011-2012. An additional $12 million will be cut from state funding to Allen ISD in 2012-2013.

"The school district reduced 80 positions this year saving approximately $3 million and made an additional $1.5 million in cuts to non-instructional areas such as administration, maintenance and energy expenses.

The local anti-taxes groups and the Tea Parties argue that there is no tax. The information by the Allen Patriots point out that, "AISD could curb non-essential spending and focus more on education"., and that the new tax would, "Move Allen ISD from 19th highest tax rate to the max rate of $1.67, joining 3 other Texas districts out of 1024 with the highest allowed."

The AISD argued that the taxes ($10 million) would be used to "help hire additional teachers to meet student growth and reduce class size[s]".

But the Allen Patriots complain that the district has used bonds more for "non-essential spending...than on education". They point to the $60 million HS stadium and the "$23 million for a Performing/Fine Arts Center, including a $70 thousand grand piano."

The AISD voters gave a 60-40 percent decision to give their money to their schools, and a loud setback for the anti-tax groups.

Bill

The Pre-Trial Hearing for Judge Suzanne Wooten was a three-hour-long marathon that started at 10:02 a.m.

The first order of business was an admonishment of Wooten’s attorneys and the State’s Attorneys, Mr. Harry White and Mr. Brian Chandler, for using motions as “press releases”.

Judge Russell stated, “You all know evidence is produced in the courtroom.” Judge Russell was mostly objecting to the release of information from the FBI Report. He said, “Bending the rules is as bad as breaking them.” The Judge took special notice of a release of information by the Office of the Attorney General (OAG) Information Officer identified as Mr. Kelly. Mr. Harry White argued the release did not violate Judge Russell’s protective/restrictive order on speaking with media because information was produced in open court. Judge Russell warned Mr. White that he would be “the one in the pokey” if any information was released by any party at the OAG that was in violation of his order. Judge Russell’s point was well taken by Mr. White who stated he would immediately call OAG and tell them any calls requesting information about the Wooten case would be answered with “No Comment.”

Judge Suzanne Wooten	DA Greg Willis

Next, Assistant District Attorneys, John Shomburger and John Rolater fronted District Attorney Greg Willis’ Motion for the Appointment of a New, Impartial and Disinterested Attorney Pro Tem. There was discussion concerning the need for the presentation of evidence to support Mr. Willis’ motion to remove Mr. White and Mr. Chandler from the case. It was concluded that no evidence was necessary as the issue was simply a matter of law.

Judge Russell asked Mr. Shomburger if he granted the motion if there was any legal reason for him to not simply re-appoint Mr. White and Mr. Chandler. Mr. Shomburger knew of none.
Judge Russell asked Mr. White if the State wanted to remain on the case. Mr. White responded he did not know if the State wished to remain on in case. When Judge Russell asked if it was the intent of the District Attorney to take control of the case and then immediately disqualify himself and request the appointment of a new Attorney pro tem, Mr. Shomburger said, “Yes.”

Judge Russell stated Mr. Willis’s Motion,“a subterfuge to get rid of the OAG.” and he denied the motion.

Assistant Attorney General Adrienne McFarland?, the supervisor of Mr. White and Mr. Chandler, signed the State’s Response to the District Attorney’s Motion for the Appointment of a New, Impartial and Disinterested Attorney Pro Tem.

The issue was well researched by Judge Russell who seemed aware that his denial of Willis’ motion could result in a mandamus action by Mr. Willis. Had District Attorney Willis actually requested to take control of the case and left out his request to immediately disqualify himself, he would most likely be in control of the case, but he did not request control. A Mandamus Review would delay the Wooten trial well into 2012.

Appeals courts in every case have reversed the denial of a request to rescind the recusal of the former District Attorney when there was no conflict of interest. Only Mr. Willis’ cites to law support his position. In effect, Mr. Willis asked for relief that he never requested. A mandamus request will effectively work as a Motion for Continuance for Judge Wooten, but perhaps not for the other defendants.

When Mr. Willis’s motion was denied, Judge Russell invited Mr. Willis and his colleagues to stay if they wished. Immediately District Attorney Willis left the court with five Assistant District Attorneys in tow.

Judge Russell next considered Judge Wooten’s Defendant’s’ Motion to Disqualify The Texas attorney General’s Office as “District Attorney Pro Tem” presented by Judge Wooten’s attorney, Peter Schulte. During this discussion Mr. White leaned over and whispered to Mr. Chandler, “Go get him.” Mr. Chandler left and shortly returned, asked Mr. White for his cell phone and left again. Mr. Chandler returned with FBI Special Agent Corey Ware who took a seat in the gallery.

There was a lengthy discussion concerning a Brady Rule violation in the failure of the OAG to provide the full FBI report to Wooten’s defense team. Judge Russell stated his research showed no case of any pre-conviction violation of the Brady Rule. Every example he found was post conviction and that any exculpatory evidence needed to be in Judge Russell’s words, “a game changer.”

Mr. Schulte stated Special Agent Ware told him there was exculpatory evidence in the 38 pages Mr. White had originally failed to provide to Wooten’s lawyers. Mr. Schulte also stated that Mr. Ware said if he knew then what he knows now, he would have never closed the investigation.

Judge Russell spent five minutes silently reviewing the Wooten motion.
At 11:00 a.m. Special Agent Ware was called to the witness stand and sworn in. Ware testified the investigation of Judge Wooten began in March 2008 when Judge Charles Sandoval went to former District Attorney John Roach and complained, in Mr. Ware’s words, “There was no way she (Wooten) could have paid for these (radio) ads based on her (campaign) finances.”

Mr. Ware also testified why the case was turned over to the OAG. Ware stated he was told Jill Willis and Suzanne Wooten were “good friends” and if Willis was elected the case “may go away” if not transferred to the OAG. Mr. Ware answered, “Yes, I would have closed the case” even knowing then what he knows today.

Mr. White asked Mr. Ware, “Did you ever tell Mr. Schulte there was “exculpatory evidence” in the 38 pages not provided to Wooten’s attorneys. Mr. Ware responded, “No.” Ware was then dismissed from the witness stand.

Special Agent Ware directly contradicted Mr. Schulte’s major claims made in the motion.
Judge Russell speaks to Mr. Schulte, “I looked, and looked, and looked; I frankly think you are missing the boat on this issue.” Judge Russell restates that Brady violations are after a trial, “you and your client started the investigation. How could you not know about the FBI investigation?” When asked for a citation to law to support his position, Mr. Schulte stated, “There was no case exactly on point.”

Judge Russell asked, “what’s the harm? It’s not as if you were oblivious of the investigation, now you have all of those pages.” Judge Russell finds no actual harm or actual prejudice to Judge Wooten. He then asked if Mr. Schulte or Mr. White will be called to testify and both answered, “no.”

Judge Russell then denied the Wooten motion.

Another issue was Wooten’s Supplemental Objection of September 30th. Wooten wins this one as Judge Russell orders Mr. White to search through the now 20,000 pages of evidence, find and provide Wooten any witness statements or reports. Mr. White protested he other trial cases pending and would not be able to review the evidence until November
Judge Russell then says, “You have a large office and get someone to do it, co-counsel or you supervisor.”

David Cary’s new lawyers made their first appearance in the case and stated, “They were new on the case” and requested time to prepare to which Judge Russell stated, “No more pre-trail hearings between now and November 7th even if the Wooten trial doesn’t go first.
In closing Judge Russell stated, a trial is “still set for November the 7th at 9:00 a.m.”

The judge made it clear that someone is going to trial next month and Judge Russell doesn’t care who it is.

John

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

Motions and papers about the Wooten case:

DEFENDANT'S OBJECTION TO STATE'S FAILURE TO COMPLY WITH PRE-TRIAL HEARING NOTICE AND SCHEDULING/PRE-TRIAL ORDER - September 16, 2011

DEFENDANT'S MOTION TO DISQUALIFY TEXAS ATTORNEY GENERAL'S OFFICE AS "DISTRICT ATTORNEY PRO TEM", Peter Schulte - dated August 22, 2011

DISTRICT ATTORNEY'S MOTION FOR THE APPOINTMENT OF A NEW, IMPARTIAL AND DISINTERESTED ATTORNEY PRO TEM, Greg Willis - dated August 29, 2011

MOTION TO QUASH, Peter Schulte - September 15, 2011

DEFENDANT'S OBJECTION TO ALLEGED "FACTUAL BACKGROUND" CONTAINED IN LATEST MOTIONS FILED BY THE TEXAS ATTORNEY GENERAL'S OFFICE - September 21, 20

STATE'S RESPOND TO DISTRICT ATTORNEY'S MOTION FOR THE APPOINTMENT OF A NEW, IMPARTIAL, AND DISINTEREST ATTORNEY PRO TEM - September 21, 2011

STATE'S RESPONSE TO DEFENDANT'S MOTION TO DISQUALIFY ATTORNEY GENERAL'S OFFICE AS "DISTRICT ATTORNEY PRO TEM" - September 21, 2011

INDEX OF FBI REPORTS AND MEMOS REFERENCED IN STATE'S RESPONSES TO DISTRICT ATTORNEY AND DEFENDANT - September 21, 2011

DISTRICT ATTORNEY'S REPLY TO THE STATE'S RESPONSE TO THE DISTRICT ATTORNEY'S MOTION FOR THE APPOINTMENT OF A NEW, IMPARTIAL AND DISINTERESTED ATTORNEY PRO TEM - September 23, 2011

APPLICATIONS FOR SUBPOENAS (State's list of witnesses), September 26, 2011

The United States Supreme Court, without an opinion, has denied Charles Dean Hood's motion for a new trial. This is the third time (I believe) Hood has been denied before the Supreme Court.

In February of 2010, the Texas Court of Criminal Appeals overturned Hood's execution, but not his conviction. The COA then ordered the 296th District Court to hold another trial on punishment because the Supreme Court has changed the rules of a capital punishment trial in the Penry case. Prior to the conviction of Hood, the Supreme Court and the Texas Legislature had made changes because of Penry. The appeals court decision was a sharply divided opinion.

Hood's attorneys then asked the US Supreme Court to overturn his conviction because they argued that Hood did not receive a fair trial because the judge and the DA had a secret adulterous affair.

The district attorney has not announced if the DA's office will seek another demand for Hood's execution before a jury.

Hood was convicted of capital murder in 1990 for killing his boss and his boss’s girlfriend. Hood has maintained his innocence in the murders. The state, however, has proven to a jury that Hood, "had carefully planned and executed the murders, stolen his boss’s credit cards, pawned his ring, and forged his name on stolen business checks to cash them.", and that Hood's fingerprints were found at the scene of the bloody double homicide.

Hood's attorneys' have fought the courts for over a decade, and the case has recieved national media attention. In 2008, they charged that former judge Verla Sue Holland and former prosecutor Thomas S. O’Connell, Jr. had a secret affair, but neither Holland or O'Connell would make any admission or denial. After a court hearing in front of former Judge Greg Brewer both Holland and O'Connell were forced to submit to sworn depositions. Finally after years, the two admitted the affair, but both also stated that the love affair was over before the Hood trail. Both the Texas Criminal Appeals and the US Supreme Court believe that there was insufficient reasons that proved the trial was unfair.

The 296th Court has not scheduled a new punishment trial.

Bill

Judge Kerry Russell, the visiting judge from Smith County has ruled against DA Greg Willis' attempt to remove the Texas Attorney General from prosecuting Suzanne Wooten. Judge Russell was not only impressed with Willis' motion, but called the actions of Greg Willis "subterfuge".

It is unclear whether the District Attorney will file for a writ of mandamus to ask the appeals court to overturn Kerry's decision.

Peter Schulte, Wooten's attorney had also filed a similar motion to Greg Willis' to remove the Attorney General. Judge Russell denied the motion.

Wooten's attorney was also unable to convince the judge to quash her indictments.

The judge also ruled on Wooten's complaints that the prosecution was delaying and withholding evidence that may favor the defense. Again, Kerry ruled against Wooten.

The Collin County Observer will post a full report on today's 3 1/2 hour hearing.

Bill

Meet the Candidates for the 199th District Court, Collin County
Posted on October 1, 2011 by Hunter Biederman
The Frisco DWI Lawyer and Attorney Blog

ANGELA TUCKER

Angela Tucker has practiced civil, family, and criminal law. After spending four years as an Assistant District Attorney in Collin County, she opened her law office and currently is a solo practitioner at Angela M. Tucker, PC.

Mrs. Tucker has stated in the past she is, "committed to representing the people of Collin County by serving as the next [Judge]. To maintain high legal standards, it is imperative that we elect judges who have a strong work ethic, high moral standards, and diverse experience.”

Mrs. Tucker lives in McKinney? with her husband James and two children.

Mrs. Tucker's campaign website can be found at www.angelatuckerforjudge.com

SHARON RAMAGE

[ed. The Collin County Observer has learned that Sharon Ramage will likely to announce that she has chosen to run for the County Court at Law #2.]

BOB DRY

Son of retiring judge Robert Dry, Robert Dry, III (Bob) has also announced his intention to run for his father's bench through a facebook page.

Mr. Dry Robert T. Dry, III joined the firm Gay, McCall, Issacks, Gordon & Roberts, PC, in 2005 upon graduation from South Texas College of Law. He practices Civil Litigation with the firm. He was born and reared in Plano and is a graduate of Plano Senior High School and SMU.

www.dryforjudge.com

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.

Link to the Frisco DWI blog.....

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

The Observer adds....

Judge Jerry Lewis of County Court at Law #2 has decided to retire later this year although him term would normally end on December 31, 2012.

The Commissioners Court has the right to fill a vacancy in the Courts at Law until a new judge is elected at the "next general election". The next general election more than would be 74 days before the judge leaves the office will be November 2012.

The Government Code
Sec. 25.0009. VACANCY. (a) The commissioners court of each county shall appoint a person to fill a vacancy in the office of judge of a statutory county court.

(b) The appointee holds office until the next general election and until the successor is elected and has qualified.

(c) This section applies to a vacancy existing on creation of the office of judge.

The Election Code
Sec. 202.002. VACANCY FILLED AT GENERAL ELECTION. (a) If a vacancy occurs on or before the 74th day before the general election for state and county officers held in the next-to-last even-numbered year of a term of office, the remainder of the unexpired term shall be filled at the next general election for state and county officers, as provided by this chapter.

(b) If a vacancy occurs after the 74th day before a general election day, an election for the unexpired term may not be held at that general election. The appointment to fill the vacancy continues until the next succeeding general election and until a successor has been elected and has qualified for the office.

Two years ago, after two County Courts at Law left office vacant before their terms, the County Commissioners did not choose to appoint new judges until the primary election. Since Judge Ripple and Judge Bender both unopposed in the November election, the commissioners court appointed both after the primaries.

Sharon Ramage will announce tomorrow to run for this court rather than her earlier statements for running for the 199th District Court

Two Candidates are actively campaigning for this bench:

BARNETT WALKER

Barnett Walker came to the practice of law after a 22 year career in the US Air Force. He is a Gulf War veteran who retired as one of the most decorated Senior Master Sergeants in the Air Force. He then attended SMU Law School, graduating in 2004. While attending law school he was twice chosen to participate in the National Criminal Moot Court Championship, which pits the brightest law students in the nation to present legal arguments in front of Justices of the California Supreme Court. Walker then went to work as a prosecutor in the Collin County District Attorney's office, where he served as chief prosecutor for 2 of the Courts at Law. He is now a solo criminal defense practitioner in Prosper.

SHARON RAMAGE

Sharon Ramage has been licensed to practice law since 1992. As a former social worker, Ms. Ramage has practiced law in many areas specific to protecting children since that time. From 1992-1997, Sharon served as an Assistant Criminal District Attorney in Tarrant County, and was assigned to the Crimes Against Children Division from 1995-1997.

After resigning from the District Attorney’s Office, Ms. Ramage opened a private practice in Tarrant County, where she practiced special education law and family law. Since 2000, Ms. Ramage has worked in private practice in Collin County, primarily in the area of family law and adoption. Since 2003, she has also served as a Special Education Hearing Officer and Mediator for the Texas Education Agency, conducing special education due process hearings and mediating disputes between schools and parents.

“The totality of my experience -- criminal prosecutor, defense attorney, appellate attorney, family law attorney, mediator and hearing officer -- has prepared me for this position,” Ramage said. “I welcome this challenge and recognize the hard work that lies before me in seeking this position, as well as in the hard work and diligence required of the Bench.”

Sharon is married and the mother of two children adopted from China.

More information about Sharon can be found on her facebook page, Sharon Ramage for Judge.

Bill

New Trial Date Set in Judge Suzanne Wooten case

Judge Kerry Russell, the visiting Judge from Smith County hearing the Wooten matter, has set a new trial date for the 7th of November. It remains to be seen if the case will actually go to trial on that date as three other tentative trial dates have come and gone. However, Judge Russell is determined to start a trial on the 7th of November.

In an Orders Letter dated the 25th of August, Judge Russell stated the following:

“The Defendants agreed trial order of: (1) Wooten; (2) Stacy Cary; (3) Spencer; (4) David Cary pursuant to Article 36.10 shall remain. As stated in the prior cases, the Court granted the Wooten Motion for Speedy Trial and it will continue to be the first trial. If for any reason the No.1 case does not go to trial on November 7, then we would immediately move to No. 2 as the trail case and so forth-following the Defendant’s proposed trial order but same shall not delay the trial."

The only thing that would prevent one of the defendants from going to trial on that date would be if Judge Russell grants either Judge Wooten’s Defendant’s Motion to Disqualify Texas Attorney General’s Office as “District Attorney Pro Tem” or grants District Attorney Greg Willis’ Motion for the Appointment of a New, Impartial and Disinterested Attorney Pro Tem. If attorneys pro tem, Harry White and Brian Chandler are ousted from the case that would only allow forty-five days for the new attorneys for the State to prepare for trial and it seems likely a motion for a continuance for the State would not be unreasonable.

However, Judge Russell might feel he has been reasonable and perhaps even generous toward the State that as already forced one delay by not timely providing the defendants with a 48-page FBI report.

Judge Russell has another problem with the State and he stated in his letter:

“Counsel are reminded that the Court’s Restrictive and Protective Orders in the four original cases are still in full force and effect as was discussed at the end of the hearings on July 28, 2011. I have been advised that the State has violated same and the Court plans to address such violations at the next hearings in these cases.”

In one last issue Judge Russell points out that Mr. Cary and his current attorney, Keith Gore, have failed to keep a promise:

“The Court has still not received any notice from new counsel for Defendant David Cary as was promised at the July 29 hearing. Mr. Gore continues to be the attorney for David Cary in the original indicted cause.”

Judge Russell said he would not allow any additional motions to be filed less than one week before the September 23rd hearing.

John

The Disingenuous Mr. Willis

Collin County District Attorney Greg Willis didn’t recuse himself from nor did he ever take control of the Wooten trial. Mr. Willis now wishes to take “control” just long enough to have Judge Kerry Russell remove from the case the pesky Assistant Attorneys General Harry White and Brian Chandler who are bothering his wife, Judge Jill Willis.

With his Motion for the Appointment of a New, Impartial and Disinterested Attorney Pro Tem, Collin County’s District Attorney Greg Willis attempts to obtain a ruling on what would be better captioned as a Motion to Rescind the Recusal of the Former District Attorney. The case law he cites clearly supports the position that he should be given control over the case if he is not otherwise disqualified, but in the body of the motion he doesn’t request Judge Russell to give him control over the case so that he can subsequently recuse himself and request the appointment of new attorneys pro tem. Instead, he asks Judge Russell to roll a three-step process into one. Mr. Willis expects Judge Russell to take the full responsibility for removing White and Chandler and then see to the appointment of new attorneys pro tem without Willis first actually taking control of the case.

Mr. Willis’ lengthy dissertation concerning alleged impropriety of White and Chandler is totally unnecessary if, in fact, his motion could be read as a Motion to Rescind the Recusal of the Former District Attorney. The law is straight up and down. The former district attorney, John Roach, recused himself. He then appointed the Office of the Attorney General to provide the attorneys pro tem who arrived in the form of Mr. White and Mr. Chandler. As the new district attorney Willis can request to remove the attorneys pro tem from the case with no questions asked. Mr. Willis needs to prove nothing to take control of the case, but in his prayer for relief he doesn’t ask for the one thing all of his citations to statutes and case law allow.

Willis’ citation to Coleman v. State, 246 S.W.3d 76, 85 (Tex. Crim.App.2008) has a fact pattern that supports his position. In Coleman, a former district attorney recused himself from prosecuting a case and attorneys pro tem were appointed. Nine days before trial, a new district attorney took office, but the new district attorney didn’t file a Motion to Rescind the Recusal of the Former District Attorney. He instead allowed the attorneys pro tem to finish the case. It was the defendant who filed a motion arguing that the new district attorney was qualified to handle the trial, and therefore the attorneys pro tem had no legal authority to continue their representation of the State. The defendant lost and this case memorializes the right of an incoming district attorney to remove the attorneys pro tem and take over a case so long as he is not otherwise disqualified.

In this case, Greg Willis has waited seven full months to make a less than exact effort to exercise his right to control of the Wooten matter. And he also waited until a huge personal conflict of interest grew into a public spectacle; specifically the repeated requests by Harry White to interview Jill Willis and her refusal to allow it.

This conflict of interest could easily disqualify Mr. Willis, but the law doesn’t allow Judge Russell to make that call except very narrow circumstances. It’s up to Greg Willis to recuse himself from the case, but the law first requires he make himself a party to it.

Mr. Willis hopes Judge Russell will ignore the fact the White and Chandler, who he seeks to remove, had subpoenaed his wife to testify concerning her “special relationship” with Judge Suzanne Wooten.

During the pre-trial hearing on the 29th of July, Judge Jill Willis’ attorney, Mr. Michael Pezzulli, brought a motion to quash the subpoena issued to Judge Willis by Harry White.

Judge Kerry Russell was unimpressed by Mr. Pezzulli’s arguments.

To reinforce his right to have Jill Willis’ testimony, Harry White filed the State’s Brief on Judge Willis’ Motion to Quash Trial Subpoena. If White’s citations to law hold up, his motion will require Jill Willis will to give testimony. A bright young man like Harry White isn’t likely to ask questions to which he does not already know the answers.

It seems the district attorney’s new motion is a direct response to Mr. White’s State’s Brief on Judge Willis’ Motion to Quash Trial Subpoena. The same day it was filed, it emptied his office of his senior assistant district attorneys. Mr.Waddill and Mr. Skinner resigned. Perhaps Waddill and Skinner fled because the Wooten case is a cancer that has metastasized to the Office of the District Attorney. It is equally possible this was a tactical move to ensure no qualified assistant district attorneys were available to take the case to trial if Judge Russell became testy about the appointment of yet another attorney pro tem. Of course, no one will ever know why Waddill and Skinner resigned simultaneously because in the insular world of the Collin County courts ordinary folks don’t have a “need to know.”

Team Wooten appears spooked by the Attorney General’s new indictment with its two new much easier prove charges and also by White and Chandler’s Notice of Intent to Introduce Extraneous Offenses, Unadjudicated Offenses, Bad Acts and Punishment Evidence. Mr. Willis may mistakenly believe this notice only refers to Wooten’s request for the FBI investigation into the actions of John Roach and his attorneys pro tem. This same notice could also apply to any of Wooten’s co-defendants and be used as leverage for what is nearly impossible to do in the Fifth Court of Appeals at Dallas, provide strict proof of a bi-lateral agreement among the parties when bribery of a public official is charged. This almost always requires that one party of the agreement become a witness for the prosecution.

Given the obvious conflict of interest, Mr. Willis’ actions could cause the citizens of Collin County to lose faith in the integrity of its district attorney.

John

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

Notes:

State's Brief on Judge Willis' Motion to Quash Trial Subpoena, Harry E. White, August 5, 2011

"This matter has been mired in politics, speculation, and allegations of conflicts of interest since its inception. Regardless of the existence of actual conflicts of interest, this prosecution is cloaked in the appearance of impropriety and should not continue on its present course."
District Attorney Greg Willis

The previous DA was recused, but Willis files a motion in Wooten case.

Judge Suzanne Wooten	DA Greg Willis

Today, District Attorney Greg Willis has filed a motion in Judge Suzanne Wooten’s bribery case. Willis is asking the judge to remove the special prosecutors, Assistant Texas Attorneys General Harry White and Brian Chandler.

Judge Suzanne Wooten has been indicted on nine charges, including bribery and money laundering. Former DA John Roach began the investigation in 2008 before she took the bench in the 380th District Court. For two years, Roach office’s and two Assistant Attorneys General presented the case to four different grand juries -- a grand jury indicted Wooten and 3 other defendants in October, 2010. Roach then recused himself and asked Judge Mark Rusch to appoint the Texas General Attorney to act as a special prosecutor.

Willis wrote, “The citizens of Collin County deserve to have an impartial and disinterested attorney appointed by this Court to assess and determine how this prosecution should move forward. To that end, the undersigned District Attorney, also requests permission to recuse himself and requests that this Court appoint an impartial and disinterested attorney pro tem…”

Willis argues that White and Chandler may find themselves defending themselves.

Willis wrote, “This matter has been mired in politics, speculation, and allegations of conflicts of interest since its inception. Regardless of the existence of actual conflicts of interest, this prosecution is cloaked in the appearance of impropriety and should not continue on its present course.”

Wooten’s attorney has charged that an FBI report refers to, “Defendant Wooten as ''the victim," named members of the Collin County District Attorney's Office as targets and subjects, and confirmed that the FBI questioned White and Chandler regarding their involvement in the investigation and prosecution of Defendant Wooten. Willis then admits that, “The undersigned District Attorney does not know the status of the FBI investigation.”

Since John Roach recused himself, Willis argues that he is the current elected County Criminal Attorney and he is not disqualified to prosecute the case. Willis has stated that, he too, will recuse himself, but he still believes that he can require the judge to terminate the special prosecutors, and re-appoint a new one. “A prosecutor should be independent, unbiased, without conflicts of interest, and not witnesses to any of the concerns presented to the grand jury.”

Willis states that, “In view of his decision to voluntarily recuse himself, the District Attorney further moves the court to appoint an impartial and disinterested attorney pro tem pursuant Texas Code of Criminal Procedure article 2.07. Upon granting the recusal, the trial court may appoint any competent attorney" to perform the duties of the district attorney,”

Willis ends his arguments slamming the previous DA, “The citizens of Collin County must trust in the integrity of countywide elections, and also in the integrity of those who investigate and prosecute allegations of public corruption in the same manner. The proximity of the Texas Attorney General 's Office and that of the former Collin County Criminal District Attorney to the allegations which are at the heart of the indictment, and to the related federal investigations into the same, have placed that trust in jeopardy.”

Wooten’s attorney ask the Attorney General be removed from the case.

Last week Peter Schulte, Judge Suzanne Wooten’s attorney, has filed a motion to remove the Attorney General from the case.

Schulte charges:

“The Attorney General's Office must be disqualified in this matter due to the
fact that they have placed themselves in the dual role of ‘attorney-witness.’.” White has told the court he will, ''Notice of State's Intent to Introduce Extraneous Offenses, Unadjudicated Offenses, Bad Acts, and Punishment Evidence." White charges that Wooten tries to, “impede the grand jury’s investigation” that she requested, “the District Judges to refuse to sign grand jury subpoena requests issued by the grand jury investigating the Defendant.”

Schulte points out that White and other Assistant Attorneys General were the only witnesses to the charge of impeding the grand jury. They cannot serve as both witness and prosecutor.

“The Attorney General's Office must be disqualified due to the fact that actual conflict exists based on violations of due process. Schulte’s charges that White has willfully and intentionally withheld exculpatory evidence from the defense.” White, failed to promptly give the defense an FBI report. At the last hearing, White told the judge he ‘forgot’ to give the report to Schulte. Harry White then gave the defense a 47 page ‘redacted’ report. The judge then told White to provide the defense a complete and redacted FBI report, “On August 1,2011, it was discovered by Defendant's Counsel when he went to the FBI office that White and Chandler intentionally withheld from Defense counsel approximately 35 additional pages from the FBI Report the Attorney General's Office had received on July 6, 2011, when they provided to Defense Counsel the redacted 48-page report on July 28, 20ll. Most of the approximate 35 pages withheld were summaries of the investigation by the FBI and correspondence with the United States Attorney's Office. In these withheld documents, the Defendant, Judge Suzanne Wooten, was listed as the "victim" with the suspects listed as John R. Roach, former District Attorney of Collin County, Texas, Gregory Davis, former First Assistant District Attorney for the CCDAO and Christopher Milner, former special crimes chief for the CCDAO. Undoubtedly, this information was exculpatory and intentionally withheld from Defense Counsel.”

And third, Schulte writes, “The Attorney General's Office must be disqualified due to the fact that actual conflict exists based on violations of due process.

“In this proceeding, there is a prosecuting agency (Attorney General's Office), represented by the same attorneys (Harry E. White and Brian Chandler), that has served in two separate and distinct roles involving the same matter: 1) as "Special Prosecutor" - assistant prosecutors of and under the direction and authority of John R. Roach, the then District Attorney of Collin County, Texas, and now 2) as "Attorney Pro Tem" pursuant to Article 2.07 of the Texas Code of Criminal Procedure after the District Attorney was disqualified in this matter."

Judge Kerry Russell visiting judge from Tyler has not scheduled a hearing on Willis’ and Schulte’s motions.

District Attorney’s Office in furor

Coincidentally? On the same day that DA Greg Willis filed the motion on the case of Judge Suzanne Wooten, several of the top Assistant District Attorneys resigned.

The Collin County Observer has been unable to confirm the names and reasons at least two of the DA managers have given their notice.

Our knowledgeable sources have told us that David Waddill, the First Assistant District Attorney and Jim Skinner, the Chief of the Special Prosecution Division have resigned.

The Observer has tried to reach Willis, Waddill and Skinner; none have returned our messages

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

[Update] Valerie Wigglesworth at the Dallas Morning News has added more information on the resignations. Wigglesworth writes,

"The top two prosecutors in the Collin County district attorney’s office resigned Monday.

"David Waddill, the first assistant district attorney, and Jim Skinner, the second assistant district attorney and chief of the special prosecution division, are headed back to private practice.

"Both joined the prosecutors’ office when District Attorney Greg Willis took over in January. Willis said Monday he was grateful for their service, adding that the pair “had been very helpful getting things established here.”

"Skinner confirmed that he was returning to private practice but declined to discuss his reasons further. Waddill could not be reached for comment.

"Both Willis and Skinner said the resignations had nothing to do with the case involving state District Judge Suzanne Wooten."[subscription may be needed to read the article at The Dallas Morning News]

Bill

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

Notes:

DISTRICT ATTORNEY'S MOTION FOR THE APPOINTMENT OF A NEW, IMPARTIAL AND DISINTERESTED ATTORNEY PRO TEM, Greg Willis - dated August 29, 2011

DEFENDANT'S MOTION TO DISQUALIFY TEXAS ATTORNEY GENERAL'S OFFICE AS "DISTRICT ATTORNEY PRO TEM", Peter Schulte - dated August 22, 2011

Today, Patricia Crigger, Rebecca Littrell, Sherry Bell and Hannah Kunkle appeared at a hearing heard by visiting Judge Nelms to hear motions.

Attorney Robert Hinton John Hardin who is representing Hannah Kunkle, offered a motion to dismiss Kunkle's indictment, and challenged the Special Prosecutor, John Helms, to seek Kunkle's indictment and prosecution.

Robert Hinton John Hardin gave several spirited oral arguments. Hinton Hardin told the judge that this is a, "political case... who believes that in a perfect world, this case would go away". Nelms looked surprised and bemused at that comment. He said that his decision requires evidence and he's not hearing any "facts". HintonHardin said that this case has been tainted by John Roach's District Attorney's office. He described the DA's office as having "dirty laundry". Hinton Hardin implies that most of the decisions in this case are not in the file. The judge replied that, "you say you know what's been done [behind closed doors], you say they know, but I do not know it." Judge Nelms repeated that Robert Hinton John Hardin must provide evidence.

HintonHardin also argued that Special Prosecutor Helms only had a charter to investigate and seek prosecution for the original 6 district clerks employees. Hinton Hardin also asked the judge to rule that when the special prosecutor dismissed the previous indictments, he had no further authority. Judge Nelms ruled against Kunkle's motions.

HintonHardin asked the court for severance, requesting that Hannah Kunkle be given a separate trial, and not tried with the other three accused district clerk employee's.

However, Crigger, Littrell, and Bell's attorneys told the judge that they wanted to be tried together. Walker Barnett, Bell's attorney, told the judge that they understand Kunkle did want severance but that he would not oppose the motion to server the trial from Kunkle.

HintonHardin argued that combining Kunkle with the other three defendants could create a trial in which the other defendants could, "create an antagonistic situation". Hinton Hardin said that the trial could be, "a 'cluster'.... that we don't want to be in at the court, throwing rocks at each other". Hinton Hardin portrayed a situation where the three District Clerk defendants could claim that they only followed Kunkle's policies, and that he might show, that after her retirement, Kunkle was no longer in daily operations and delegated her office to the other defendants.

The judge stated that he was still inclined to consolidate the defendants for economy, and that the defense has the burden to provide evidence to support the motion. He told Hinton Hardin that he had not "seen any facts" for the severance, but he has giveRobert Hinton John Hardin until October to submit a motion.

Walker Barnett asked for more time to prepare for trial because he has only been hired by Bell. An associate of attorney Deric Walpole, representing Rebecca Littrell, told the court that Walpole is in San Angelo defending Warren Jeffs the Eldorado sect leader charged with bigamy and child sexual abuse. He told the judge that trial will likely go for many weeks.

Judge Nelms then re-set the trial for November 28, 2011.

(Patricia Crigger will likely remain in his office for more than two years after being both elected and indicted.)

Bill

-----------------------------------
Errata

I apologize to all concerned for the confusion between Robert Hinton and John Hardin.

Bill

chutzpah, hutzpah [ˈxʊtspə] n Informal shameless audacity; impudence [from Yiddish]

Patricia Crigger has continued in office, trying to lead the District Clerk's Office, while under felony charges of corruption. Crigger not only refused to take a leave of absence, but instead has attempted to put on a show of there is "no problem."

CHUTZPUH
Crigger's reaction to the indictment was to promote the alleged two co-conspirators and give them a raise in pay. Crigger promoted[ed.: caution, large file]:

• Rebecca Littrell from Senior Administer making $52,766 to Chief Deputy District Clerk, now receiving a salary of $64,213.
• Sherry Bell from Lead Clerk making $49,190 to Senior Administer, now receiving a salary of $51,650.

Crigger herself was given a raise by the voters after her indictment from approximately $65,000 to $110,998.

By appointing the two other top managers in the department who are under indictments, Crigger has created a vacuum of leadership. If Patricia Crigger took a leave of absence, resigns, or is convicted, there will be no senior management able to temporarily take over the District Clerk's Office. Crigger has made it difficult so there will be no senior management in place to temporarily take over the District Clerk's Office. (If the Crigger resigns or convicted, the Board of Collin County District Judges will appoint a new District Clerk.)

And last week, Patricia Crigger, Rebecca Littrell, and Sherry Bell used county money to attend a convention together in Las Vegas. According to a Open Records request, the County Auditor confirmed that the three alleged co-conspirators traveled to Vegas from July 10 to July 15, 2011 to attend the National Association of Court Management Annual Conference.

The bills are all not in yet, but the conference will cost the Collin County taxpayers several thousand dollars.

Also in April, Crigger received a county check for $1,308, and $1,208 went to Rebecca Littrell for travel reimbursement. During the entire year to date, the rest of the un-indicted staff members of the District Clerk's office have spent less than $360 on travel total.

Yes, chutzpah is one way to make crime pay.

Patricia Crigger, District Clerk

THE CRIMES
Last June, The Texas Rangers targeting the District Clerk's Office raided the Collin County Courthouse. In July, a grand jury indicted 6 employees of the District Clerk's department, including Patricia Crigger, for conspiracy and theft of more than $20,000 in government money. At that time, Patricia Crigger was the Republican nominee for District Clerk. Facing no real oppositions, Crigger was the next "Elect District Clerk", who would be sworn in on January 1, 2011.

On January 1, Patricia Crigger was sworn in as the elected District Clerk although charged with "Abuse of Office" and "Conspiracy" for allegedly stealing over $20,000 of services for the benefit of her 2010 campaign. Also indicted were alleged co-conspirators including Rebecca Littrell and Sherry Bell.

Hannah Kunkle (no mug shot available)

On May 31, 2011 a Grand Jury also indicted Hannah Kunkle, the previous long-time District Clerk.

The Collin County District Attorney's Office (under John Roach, Sr.) bungled the original indictments of six District Clerk's employees. Twice the charges against the defendants were dropped, and they have been re-indicted three times now. The need to appoint a visiting Judge, and then the need to name an out-of-town special prosecutor, have created delay after delay, allowing the elected District Clerk to remain in office under a cloud for more than a year.

The visiting Judge Nelms (of Tyler) will hold a hearing on July 27 to hear motions.

The Texas Rangers investigation shows a credible case against these employees -- a case credible enough for three Grand Juries to indict these officials.

THE AUDITS
The Collin County Auditor has released two audits that are critical of the financial operations of the District Clerk's Office. The audits covered the 3rd quarter and 4th quarter of 2010 during the Hannah Kunkle administration. Both audits show that the District Clerk's Office has been unable to correct the table of fees and that the department has been unable to reconcile their funds with the new Odyssey program. The auditor has shown that convicted defendants in criminal cases were not charged all the fees the District Clerk's Office is responsible to collect, nor have the cases been corrected.

Crigger did appear before the commissioners' court on May 2[ed.:video], and said that the issues were inherited, but acknowledged that they are struggling with correcting the problems. Crigger asked if the Auditor would assign an accountant to help her with Odyssey. After five months, Commissioner Duncan Webb and the commissioners' court expressed impatience with the loss of criminal fees and concern with the lack of progress. Neither the Auditor nor Crigger can determine the amount of revenue criminal fees that incorrectly may cost the county revenue. [ed.:video]The commissioners' court has asked the County Auditor to prepare a "Full Audit" of the District Clerk's Office, and to report the amount of fees that have been lost as county revenue.

Later in June, Crigger submitted a request to promote a clerk to senior clerk. Cheryl Williams expressed frustration[ed.:video] that Crigger chose to promote a clerk without financial experience. The court unanimously voted to delay the promotion, once again asking Crigger for explanation, later two weeks later, the court approved the promotion.

CLOUD
The District Clerk's Office is responsible for the custodial care and management of the District Courts. The department has 58 employees with a budget of over $5 million, and holds in trust more than $3 million in public funds in 5 bank accounts.[ed.: caution large linked file]

Many, including members of the Commissioners' Court, have questioned the ability of the District Clerk's Department to function effectively.

The top 3 administrators of the department are facing charges of conspiracy and corruption, while some of their own employees were whistle blowers. The Texas Rangers used at least five employees who gave sworn affidavits that were used to gain a search warrant to raid the courthouse. The defendants immediately asked the court to give them the names of the whistle blowers.

The judge refused to release the names. An informer county source has told the Collin County Observer of three of the whistle blowers: two of those employees asked the county to and received a transfer to other departments where they do not fear retribution. A third person was laid off when the commissioners' court cut the 2011 staffing budget by three people. The whistle-blower brought an attorney to the courthouse to ask the District Clerk if she really wanted to be sued for laying off someone who is allowed protection as a whistle-blower. The whistle-blower got her job back.

Source have told The Observer of a department that has low morale and lack of leadership. The District Clerk's top leaders are working under the shadow of a real possibility of being sent to prison. Some employees in the department are supporters of Crigger, some support Kunkle, and some have antipathy to both of them.

The Observer spoke to several leading Republicans who told us that the party is not in agreement that Patricia Crigger should step down, but the majority of individual Republicans we spoke to expressed a desire for Crigger to resign for the good of the taxpayers and the party.

But Crigger, like the title character in the fable about the Emperor's New Clothes, she has been unable to see herself, while that our citizens can see through her arrogance.

Bill

--------------------------------
Notes:

The 2010, 3rd Quarter Audit of the District Clerk

The 2010, 4th Quarter Audit of the District Clerk

The Observer has learned that yesterday Judge John Roach, Jr jailed Sharon Easley on contempt. Sharon Easley lost the 2006 primary race against John Roach, Jr. for the 296th District Court.

Easley was attending a court hearing on behalf of a client over a child guardianship in a divorce suit that has been litigated since 2007.

Judge John Roach, Jr.	Sharon Easley

Sources at the courthouse told the Observer, that Attorney Sharon Easley was angry and some loud comments were exchanged between her and the judge. Ms. Easley left the courtroom, and then said something to the effect that, "Are you going to put me in jail?", in a manner that many perceived as challenging the judge. Judge Roach then ordered Easley to be placed under arrest and jailed.

Easley was released later that evening.

John Roach, Jr. won in the 2006 Republican by defeating Sharon Easley; He ran unopposed in the general election. Judge Roach was re-elected after defeating Keith Gore in the 2010 primary, and once again was unopposed in the November general election.

The Observer's has been unable to reach Ms. Easley for comment.

Bill

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

Comment from: Sharon Easley

Sure are a lot of strong feelings about this matter! I am not surprised. The situation is a very polarizing one.

Judge Roach and I are both adults, however, and we will find a way through this, even if I end up in jail. We are both human beings with frailties; we are also two very strong-willed individuals; we have both shown the propensity to let our emotions get the best of us. This was one of those occasions and it got out of control.

This has always been a great county in which to practice law and I don't want to do anything at this point to make this situation worse than it is.

Link: http://www.dallasnews.com/news/politics/texas-legislature/headlines/20110202-texas-businesses-serving-frail-warn-cuts-would-close-their-doors.ece

By ROBERT T. GARRETT / The Dallas Morning News - Austin Bureau
February 2, 2011

read this story at DallasNews.com (registration may be required)

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

The needs of thousands of children and adults living with mental and physical disabilities are about to collide with the limitations of the Texas state budget.

Here in the wealthiest county in the state, where some folks would prefer to ignore the unpleasantness of mental or physical challenges, it will be interesting to see how this issue is prioritized by our legislators (including Senator Florence Shapiro who sits on the Finance Committee referenced below)and dealt with on the local level by our county leaders.

angellsmith

January 11, 2011
By ED HOUSEWRIGHT / The Dallas Morning News

read this story at DallasNews.com (registration may be required)
read the rest of this article at DallasNews.com

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

Comment: Neither snow nor rain nor heat nor gloom of night will stay our intrepid editor, Bill Baumbach, from the completion of his self-appointed rounds - including braving the traffic on 75 on the first snow day of the year to attend a Commissioners Court meeting with important issues on the agenda!

Unfortunately, some other key folks didn't make it to the meeting, so the much anticipated report on the "vote center" experiment wasn't formally presented at the January 10th meeting. It would be reasonable to assume it will be on the agenda for the January 24th meeting, but we won't know for sure until the agenda is posted online on Friday, 1/21 (Commissioners Court Agenda 1/24/11)

As reported by Ed Housewright of The Dallas Morning News in this article, two citizens appeared to express concerns about the implementation of vote centers to the Court. It's interesting to note that Republican precinct chair Chris Freeman rated the headline and the lead in the story, while Bill, a member of the site selection committee for the November 2010 election, was relegated to paragraph 6. You can watch both gentlemen's comments online at the County's website. Bill's comments begin at the counter reading 8:30, while Mr. Freeman's comments begin at 17:30.

Bill and The Collin County Observer have been closely following the efforts to implement the "vote center" concept since 2006. You'll find a list of our previous posts, including news clippings and several original articles, below.

If you have input on the subject of vote centers in general, or as implemented in recent elections - including the November 2010 general election, we suggest you make your thoughts known to your Commissioners, either in writing or in person. You can send an e-mail to the Court's general mailbox at commcourt@collincountytx.gov or call 972-424-1460 ext. 4631.

The 2012 presidential election isn't that far away.

angellsmith

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

Additional information on Vote Centers on The Collin County Observer:

11/3/2010 - DMN - Collin County judge says "vote center" system may have contributed to long lines on election day

11/2/2010 - The Texas Observer - Voting Problems in Collin County

11/2/2010 - Technology issues reported at Collin County vote centers

8/9/10 - Vote Centers: Expert's report and public hearing today (comprehensive analysis by Bill Baumbach and links to many other posts and resources)

9/9/2009 - Collin to take part in vote center experiment despite concerns

8/10/2009 - Does Collin County understand what a vote center is?

Link: http://trailblazersblog.dallasnews.com/archives/2011/01/paxton-not-backing-out-of-spea.html

January 10, 2011
by Robert T. Garrett/The Dallas Morning News - Trailblazers Blog

read this story at DallasNews.com (registration may be required)

Recent Collin County grand jury and former DA Roach criticize each other

By ED HOUSEWRIGHT / The Dallas Morning News
Sunday, January 9, 2011

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

Assistant DA indictment quashed

By Marthe Stinton, The Frisco Enterprise
Sunday, January 9, 2011

The indictment of former Assistant District Attorney Greg Davis, which left several county officials stunned, has now been quashed.

Judge David Brabham of Longview granted the motion to dismiss the indictment Friday. Brabham was assigned the case this week by Administrative Judge John Ovard after Judge Mark Rusch signed an order recusing himself from the case.

The dismissal of the indictment follows a motion to quash it that was filed Monday by Ted Steinke, Davis’ attorney.

The motion submitted by Steinke said the original indictment failed to state where Davis “intentionally and knowingly made, presented and used a governmental record with knowledge of its falsity…”

Steinke said Brabham agreed with his motion due to the requirement that an indictment filed for “tampering with a government record” must allege the nature of the falsity.

“[Davis] is relieved and happy with the decision and is now going to pursue a position in Waco,” Steinke said. “Unless another grand jury re-indicts him or Terry Hart appeals it, I think it’s over.”

Special prosecutor Terry Hart had just received the ruling when he was contacted.

“I just now got the ruling from Judge Brabham,” Hart said. “He is a very good jurist and we respect his opinion.”

Davis was indicted last week on a state jail felony charge of tampering with a governmental record. His indictment stems from the summer indictment of six district clerk’s office employees who allegedly tampered with time cards, making it look like the employees were at work when they were not.

Steinke said Davis filed the document when it came to his attention that the DA’s office was following a similar program as the clerk’s office through its “High 5” program. The program awarded employees with time off for meritorious conduct.

“He wanted to present that information to alert the defense attorneys and the general public, because it was a public filing,” Steinke said on Monday.

Steinke said neither he nor Davis suspected an indictment could follow the submission of information for the clerk case.

Steinke recently told Star Community News that “It takes a tremendously honest prosecutor to file a public document admitting that his office had done something wrong. He ought to be congratulated for doing that, certainly not indicted for it.”

link to article at The Frisco Enterprise.....

Assistant DA indictment quashed

By Marthe Stinton, The Frisco Enterprise
Sunday, January 9, 2011

The indictment of former Assistant District Attorney Greg Davis, which left several county officials stunned, has now been quashed.

Judge David Brabham of Longview granted the motion to dismiss the indictment Friday. Brabham was assigned the case this week by Administrative Judge John Ovard after Judge Mark Rusch signed an order recusing himself from the case.

The dismissal of the indictment follows a motion to quash it that was filed Monday by Ted Steinke, Davis’ attorney.

The motion submitted by Steinke said the original indictment failed to state where Davis “intentionally and knowingly made, presented and used a governmental record with knowledge of its falsity…”

Steinke said Brabham agreed with his motion due to the requirement that an indictment filed for “tampering with a government record” must allege the nature of the falsity.

“[Davis] is relieved and happy with the decision and is now going to pursue a position in Waco,” Steinke said. “Unless another grand jury re-indicts him or Terry Hart appeals it, I think it’s over.”

Special prosecutor Terry Hart had just received the ruling when he was contacted.

“I just now got the ruling from Judge Brabham,” Hart said. “He is a very good jurist and we respect his opinion.”

Davis was indicted last week on a state jail felony charge of tampering with a governmental record. His indictment stems from the summer indictment of six district clerk’s office employees who allegedly tampered with time cards, making it look like the employees were at work when they were not.

Steinke said Davis filed the document when it came to his attention that the DA’s office was following a similar program as the clerk’s office through its “High 5” program. The program awarded employees with time off for meritorious conduct.

“He wanted to present that information to alert the defense attorneys and the general public, because it was a public filing,” Steinke said on Monday.

Steinke said neither he nor Davis suspected an indictment could follow the submission of information for the clerk case.

Steinke recently told Star Community News that “It takes a tremendously honest prosecutor to file a public document admitting that his office had done something wrong. He ought to be congratulated for doing that, certainly not indicted for it.”

link to article at The Frisco Enterprise.....

Indictment of Collin County's First Assistant DA - An Analysis By Local Defense Attorney

Posted on January 6, 2011 by Hunter Biederman
Frisco DWI Lawyer & Attorney Blog

The latest jab in what I like to call, "Indictment Fest 2010" is the indictment of Collin County's District Attorney First Assistant Gregory Davis. All of the back and forth is a bit too much for one article, so I'll work on the background for another article.

Gregory S. Davis

In addition to Gregory Davis' eight years at the Collin County DA, he was also a former prosecutor in Dallas. Mr. Davis obtained twelve death sentences in Dallas County, including the only two such sentences against women in that county’s history. He was involved with the Darlie Routier death penalty case, one that garnered a significant amount of controversy.

So what is the First Assistant and what do they do? In Collin County, the First Assistant could be compared to the president of operations for a company, along with the chief litigator.

In most larger counties, the elected District Attorney does not handle courtroom trials. This was true for the last 8 years in Collin County. Major trials are usually handled by the First Assistant (death penalty cases, higher profile cases). The First Assistant in Collin County also dealt with many of the day to day operations of the office, and also supervised the highest level attorneys at the office (the felony chiefs and chief of misdemeanor courts). These were the duties of First Assistant Gregory Davis.
Mr. Davis has been indicted for Tampering With A Government Record, which is a State Jail Felony. A State Jail Felony is punishable up to 2 years in a State Jail Facility, and up to a $10,000 fine.

A person commits TGR if they makes, presents, or uses a governmental record with knowledge of its falsity. This is the "version" of TGR he has been charged with. Two other items must be included in the charge:

1. What was false; and
2. Who was defrauded.

The allegations in this case say that the false government document was the State's Disclosure of Evidence Favorable to the Defense. They also say it was "The State of Texas" that was defrauded. This State's Disclosure filing came 8 days after my article regarding the similarities between the DA's "High Five Program and the District Clerks accused behavior.

The indictment is odd for several reasons. Firstly, it is (ironic/strange/unheard of -- pick your own adjective here) that a prosecutor gets indicted for seemingly turning over evidence favorable to the Defense. One would think the indictments would fly for destroying evidence and not turning evidence over.

Additionally and arguably, Mr. Davis was admitting his office committed the same "crime" that he charged the District Clerks with. He stated, "[a]t least two timekeepers in the CCDA altered employees' time records to reflect that employees were at work when they were actually on 'High Five' leave." One would think that this "crime" would be prosecuted (probably not against him, but rather other officials in the DA's office), not the filing of the paperwork admitting to it.

Note: Other outlets have reported that he was indicted for falsifying time records -- those reports are incorrect.

Secondly, choosing the State of Texas as the party defrauded sounds odd as well. Since the Disclosure was meant to give the defense notice, it would seem that they would be the ones defrauded. Although I guess the argument could be held that when filing that paper, it is also a filing with the court, or the State of Texas.
So this leads us to the question, what is false, and what did Mr. Davis know was false in this filing? It would have to be a statement made within this document. Here are my best guesses at the possibilities:

1. [Employees were given paid time off]... "The undersigned found no evidence that any paid leave time was awarded for electioneering or political activity."
This could be the statement because it is such a clear statement, with no prefacing. (i.e. "I dont recall finding any information..."). It also could be the false statement because it is one that could easily be proved false through testimony of someone who told Mr. Davis otherwise, or an email showing he knew. However I doubt this is the false statement mainly because I suspect the statement is true. I don't think anyone was out campaigning during their days off.

2. An undetermined number of scheduling requests for investigators in the Collin County District Attorney's Office were destroyed without the knowledge of the Criminal District Attorney or the undersigned.

This is another "provable" statement. Either through testimony or an email. Someone saying Mr. Davis knew these records were destroyed would be a direct conflict with this statement.

Other statements are often prefaced with "at least." This leads me to believe they are not the false statements he is being charged with.
I don't know what statement is false, and neither does Mr. Davis' attorney. So what's a defense attorney to do? Mr. Davis' attorney has filed a "Motion to Quash" the indictment.

A Motion to Quash in this case (I haven't seen it, but was reported by the Dallas Morning News), is because the indictment didn't "allege which specific part or portion of that ... is false."

Generally speaking the indictment serves to put the defendant on notice of what the charges are against him. If it is too broad, it is subject to being quashed.

The ironic thing is that the Collin County District Attorney's Office has been famous for putting as little as possible in the indictments and being stingy with discovery. This often led to meetings where the DA would simply say, "she knows what she did" and she should resign to avoid them taking her "law license, her family, her home, her liberty, and her reputation" as alleged by Judge Wooten's attorney in regards to her indictment).

If the motion to quash is successful, the accused can simply be re-indicted and the charging document (indictment), can be changed to properly conform with the law. Usually quashing the indictment just delays the whole case. The same Grand Jury can re-indict, or it can be presented to another Grand Jury. But not necessarily in this case.

The accusation is that this particular Grand Jury had an ax to grind, and no other Grand Jury would indict on the same evidence. That means that if the motion is granted, this case could very well be over.

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.

link at the article at the Frisco DWI Lawyer & Attorney Blog......

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

On Tuesday, a Collin County grand jury indicted Gregory S..Davis on charges of the felony of "Tampering with a government record for defraud/harm". A Special Prosecutor had been requested by the Grand Jury, and it was the Special Prosecutor who investigated the office of the District Attorney. Based on the information of the independent Special Prosecutor, Davis was indicted. The charges accuse Davis of falsifying over 40 time records in order to reward DA office employees with paid time off, even though time records indicated the employees were working on certain days – when, in actuality, they were not.

Gregory S. Davis

Greg Davis was appointed by District Attorney, John Roach, as the First Assistant District Attorney in 2003. The First Assistant DA is the top manager at the DA's office. In three days, on January 1, 2011, DA John Roach will leave office and the new elected District Attorney Greg Willis, will assume the control and management of the office. Two weeks ago, Willis had informed Davis that he will no longer be employed in the DAs office. Willis will also replace about 13 prosecutors and investigators and DA staff.

For the last two years, DA John Roach initiated the investigation of two public officials. Using several grand juries, Roach conducted a two-year investigation against then, County Court at Law judge, Greg Willis and District Court judge, Suzanne Wooten. Earlier this year a grand jury refused to indict Greg Wills. The unanimous jurors wrote an unusual report that Willis had committed no crime. Later, the DA once appeared to shop around several grand juries until he could find one that would indict Judge Suzanne Wooten.

In the latter half of 2010 there were two grand juries sitting at the same time. One of the grand juries was supervised by Judge Mark Rusch (401st Court), and the second grand jury was supervised by Judge Suzanne Wooten (380th). This fall, the 401st grand jury indicted Judge Wooten, and also indicted six deputies in the District Clerk’s office for time sheet falsification – similar to the indictment against Mr. Davis.

A couple months ago the 380th grand jury requested a special prosecutor to help investigate possible crimes committed by the District Attorney's Office. It is from this independent investigation that the indictment brought.

After the appointment of the Special Prosecutor, DA Roach dismissed all true bills of indictment from the 380th grand jury, and then asked the 401st grand jury to re-indict all of the defendants indicted by the 380th district court. Roach announced he would no longer submit any cases for consideration to the 380th grand jury.

The DA issued media statements that one on the grand jurors was a former DA prosecutor he had fired this year, and one juror was the father of Wooten's attorney. That juror, John Schulte, was unable to attend the grand jury proceedings and was unable to weigh in on any grand jury decisions because he was battling terminal cancer. (Sadly, that juror, John Schulte, died on Christmas day.)

Earlier this year, six Collin County District Clerk employees, including incoming District Clerk, Patricia Crigger, were indicted for crimes that gave rise from time sheet discrepancies and possible “electioneering.” Indictment of District Clerk-elect. After the indictment, Davis, was the lead attorney in the prosecution of the six assistant District Clerks. Later, Davis filed a motion to recuse the DA’s office from the prosecution of the case because of allegations that the DA’s office had been falsifying time sheets.

The six charges accused of the district clerk the criminal investigation was led by an independent investigation led by a Texas Ranger. Many believe that the other cases investigated against Wooten and Willis were Roach's vendettas.

Many informed courthouse insiders charge that the good citizens of the two grand juries seem to have been used as power games by DA Roach and others, that attorneys and some judges have delayed trials for more than 80 accused criminals waiting in jail for John Roach to vacate his office on January 1. Many members of the defense bar believe that the new Willis administration will give the accused and the community a guarantee of actual justice and Due Process.

After the New Year's it would seem likely that the new DA Willis will recuse his office and ask for special prosecutors in all three cases of official malfeasance.

Bill

---------------------------------------------------
NOTES:

STATE of TEXAS Vs. Gregory S. Davis
Case Number: 401-82854-2010
Date Filed: 12/28/2010
Case Type: CR - Filed by Indictment
Status: Pending
Judicial Officer: Rusch, Mark

Description: TAMPER W/GOVERN RECORD DEFRAUD/HARM
Offense Date: 10/26/2010
Level: State Jail Felony
Statute: 37.10 (c)(1)

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

The Dallas Morning News penned an editorial, "Courthouse circus in Collin County".

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

DMN - Assistant DA Davis indicted in Collin County on record tampering charge

Wednesday, December 29, 2010
By ED HOUSEWRIGHT / The Dallas Morning News

Collin County First Assistant District Attorney Greg Davis was indicted Tuesday on a state jail felony charge of tampering with a governmental record.

If convicted, he faces up to two years in a state jail and up to a $10,000 fine.

Davis could not be reached for comment. District Attorney John Roach defended him.

"Nothing has changed my mind about Greg Davis," Roach said. "He's been an outstanding first assistant and enjoys a reputation of integrity among all of his peers."

The indictment stems from an investigation by the district attorney's office into the district clerk's office.

Prosecutors gained felony indictments in July against incoming District Clerk Patricia Wysong Crigger, who takes office Saturday, and five other supervisors for allegedly falsifying county records.

The defendants are accused of altering time records to show district clerk employees were working when they were not. Prosecutors say some employees took time off to work on Crigger's Republican primary campaign in the spring.

In October, the district attorney's office filed a motion asking to be recused from prosecuting the district clerk employees.

That court filing, signed by Davis, said the district attorney's office also altered time records to indicate some employees were at work when they were not.

The document said about 40 district attorney employees were given paid time off since Jan. 1, 2003, when Roach took office. They received one to eight hours off as a reward for "meritorious conduct," the filing said.

"The undersigned has found no evidence that any paid leave time was awarded for electioneering or political activity," Davis wrote.

Davis will leave the district attorney's office at the end of the week. He is among more than a dozen staff members not being retained by incoming District Attorney Greg Willis, a Republican who takes office Saturday. Willis succeeds Roach, who did not seek re-election in the Republican primary.

The grand jury that indicted Davis was impaneled by state District Judge Suzanne Wooten, who was investigated by the district attorney's office.

Roach and Wooten have repeatedly sparred in recent months.

In October, a grand jury indicted Wooten and three other people on six counts of bribery and one count of engaging in organized criminal activity. Prosecutors allege Wooten accepted money to issue favorable rulings. She denies any wrongdoing.

A week earlier, Roach announced that he would no longer submit cases to the grand jury impaneled by Wooten.

The grand jury had requested a special prosecutor to investigate "possible criminal wrongdoing" in Roach's office.

The special prosecutor, Dallas lawyer Terence Hart, could not be reached for comment on Davis' indictment.

link at the Dallas Morning News....

Link: http://www.dallasnews.com/sharedcontent/dws/news/city/collin/stories/DN-housecol_19met.ART.East.Edition1.4375173.html

December 19, 2010
by ED HOUSEWRIGHT/The Dallas Morning News

read the article at DallasNews.com

Link: http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/120910dnmettheboyjp.3a8474e.html

December 9, 2010

By ED HOUSEWRIGHT / The Dallas Morning News

read this story at DallasNews.com

Link: http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-annexation_04met.ART0.State.Edition1.4b7a174.html

December 4, 2010
By RAY LESZCYNSKI / The Dallas Morning News

read the this article at Dallas News.com

Link: http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-lucas_27met.ART0.State.Edition1.4b808c1.html

November 27, 2010

By IAN McCANN / The Dallas Morning News
imccann@dallasnews.com

read this article at DallasNew.com

Link: http://www.dallasnews.com/sharedcontent/dws/news/politics/state/stories/DN-speaker_17tex.ART.State.Edition1.b180a7.html

Collin County's contender in the race for Speaker of the Texas House, Rep. Ken Paxton, has repudiated e-mails circulated by his supporters which make an issue of current Speaker Joe Straus' religion, Judaism.

The e-mails have been sent by supporters of both Paxton and fellow Republican Warren Chisum, emphasizing the importance of electing a conservative Christian, and some specifically point out that Straus is Jewish. Conservative leaders have responded to charges of antisemitism by saying that critics are being overly sensitive and that their real concern with Straus is based on issues. Other observers suggest that the real problem is that Straus has been able to work with, and has support from, Democrats.

The story surfaced on Monday, as political stories in Texas often do, in The Quorum Report (www.quorumreport.com), an online newsletter published by Harvey Kronberg, a veteran political journalist in Austin. The story was picked up by major publications like the Dallas Morning News and The Texas Observer (see below) and since then there has been a flurry of statements issued on the subject.

E-mailed "whisper campaigns" of questionable veracity (and plenty of outright lies) have become commonplace in political campaigns in recent years. Of course, the beauty of the technique from the political operative's perspective is that, in addition to being free, the candidate and the campaign can deny responsibility and repudiate the statements, while the questionable allegations still plant the seeds of doubt in the minds of many recipients.

Kronberg reported Paxton's statement condemning the e-mails today.

CHISUM AND PAXTON CONDEMN OUTSIDE GROUPS' RELIGIOUS ATTACKS IN SPEAKER RACE

"There is absolutely no place for religious bigotry in the race for Texas Speaker"

Two Republicans seeking to unseat House Speaker Joe Straus in the new legislative session released statements this afternoon condemning language used by outside groups that some say imply that Straus isn’t fit to be Speaker because he is Jewish.

Here’s the statement from Rep. Ken Paxton (R-McKinney):

“There is absolutely no place for religious bigotry in the race for Texas Speaker, and I categorically condemn such action. Furthermore, it is just as shameful for anyone to imply that I would ever condone this type of behavior. My campaign is singularly focused on a message of providing proven, dependable conservative leadership to the Texas House.”

Read other posts on this topic at QuorumReport.com

Abby Rapoport of the Texas Observer has several blog posts on the topic, including this bit, edited from a longer post:

It's not easy to trace the allegations of mailers and robo-calls. While there's been increased activism around the Speaker's race, there has not been increased transparency. Because the race is not on an open ballot race none of these activists will actually cast a vote, non-profit groups can be active without filing to the Texas Ethics Commission. We can't follow the money or know who's backing whom…

…Anti-Straus activists chose to create a grassroots campaign around this political fight—as I've written before, the speaker's race was once an insiders-only affair. The anti-Straus movement has brought more people into the decision-making process, and activists have never before been mobilized on anything approximating this scale in this type of race. One web letter demanding a new speaker, ConservativeSpeakerMandate.com, brags it has over 4,000 signatures. Almost every representative I've talked to has mentioned calls and emails regarding the race.

And predictably, there has already been an allegation that the furor was REALLY started by Straus supporters. Here's Abby's reporting on this juicy tidbit:

The Texas Home School Coalition PAC has sent out an email accusing Straus supporters of manufacturing the scandal. Tim Lambert, who heads the coalition, was one of the 46 leaders who signed the letter asking members dump Straus. Here's an excerpt from the email:

Straus' supporters started pushing back against those who are highlighting his record by sending out fake e-mails accusing the Republican activists and TEA party groups of being bought and paid for and accusing Straus's opponents of being anti-Semitic. (Most didn't even know Straus was Jewish.) This is, of course, a tactic used by Democrats against conservatives in the recent election cycle. His supporters continue to say that Straus is being "attacked" personally.

read more from this and other posts on this topic at TexasObserver.org

Note the use of quotation marks around "attacked" and the allegation that the source of all of this nastiness is "of course" the Democrats.

For comprehensive overview of the controversy, read this article by Robert Garrett in the Dallas Morning News.

E-mails targeting Texas House Speaker Joe Straus cite his Judaism, rivals' Christianity

November 17, 2010

By ROBERT T. GARRETT / The Dallas Morning News

AUSTIN – Some conservative Republican activists working to unseat House Speaker Joe Straus are circulating e-mails that emphasize his Judaism.

Several e-mails have surfaced in recent days that mention Straus' rabbi and underscore the Christian faith of his leading critics in the House Republican Caucus.

"Straus is going down in Jesus' name," said one, whose origins were unclear.

Straus, R-San Antonio , "clearly lacks the moral compass to be speaker," said another, written by Southeast Texas conservative activist Peter Morrison.

"Both Rep. Warren Chisum and Rep. Ken Paxton, who are Christians and true conservatives, have risen to the occasion to challenge Joe Straus for leadership," Morrison wrote in his newsletter last Thursday, referring to two Republicans who are running against Straus for speaker.

Morrison, asked Tuesday if he intended to signal that Straus is unfit because he is Jewish, replied in an e-mail, "I was simply making factual statements about Rep. Chisum and Rep. Paxton."

Morrison said his opposition to Straus is driven by issues, not religion.

Straus, asked his reaction to the e-mails, said in a statement that religious freedom and "the Judeo-Christian values of the dignity and worth of every individual" are key American principles.

"At its core, America believes in the freedom of every individual to worship as his or her conscience dictates, and it would be most unfortunate for anyone to suggest someone is more or less qualified for public office based on his or her faith," Straus said.

As the speaker's race has heated up in recent weeks, Straus has said he's solidly conservative and happy to compare his decades-long service to the GOP with that of his rivals.

But his alliance two years ago with 10 other dissident Republicans and 64 House Democrats in a speaker's race has drawn sharp criticism from Chisum, R-Pampa, and Paxton, R-McKinney. Since both launched formal bids for speaker, support for Straus has slipped slightly.

The day after last week's election, Straus released a list of 126 House members who he said have pledged him support. By most public counts, the list now is down to about 120. He needs 76 votes to keep the speaker's post.

The Quorum Report, an online newsletter, reported extensively late Monday on e-mails that mentioned Straus' Judaism, his rabbi and the Christian faith of his House critics, who include Rep. Bryan Hughes, R-Mineola.

read the rest of this article at DallasNews.com

The Lucas Mayor, City Manager and a City Council member have offered their resignations following a furor between the Mayor and the City Council.

Today, the Dallas Morning News had an interesting article about the Lucas City turmoil. The post below includes the Newsletter written by the Mayor Bill Carmickle, and the DMN article written by Sam Hodges.

Bill

Lucas Newsletter, Volume V, Issue 12, December 2010

Lucas City Newsletter: STRAIGHT TALK FROM THE MAYOR

I just wanted to keep all the citizens informed as to what has transpired in the past few days.

Our City Manager, Robert Patrick, has tendered his resignation effective December 31, 2010. Please join the City Council, City Staff and the citizen’s of Lucas wishing Mr. Patrick and his family the best in his future endeavourers [sic]. Many great things have occurred during the time Mr. Patrick served as our City Manager.

City Councilmember Don Zriny, currently serving in Seat 3, also has tendered his resignation effective January 31, 2011. Councilmember Zriny has served the citizen’s of Lucas for the past five years and we the City Council, City Staff and citizens of Lucas wish to thank him for all his time and effort put forth on behalf of the citizens of Lucas. Thanks goes to Councilmember Zriny and his family for all the time spent serving the City of Lucas.

With the developments of the past few weeks, I have decided that now is the time for me to step down as Mayor of the City of Lucas. I have worked hard to ensure that the City has grown in the manner which the citizens desired. At this time, I wish the City and the citizens of Lucas the very best. I hope that the City continues move forward to preserve our quality of life we all have come to love. My resignation is effective December 3, 2010.

Thank you,

Mayor Bill Carmickle
City Councilmember Don Zriny
City Manager Robert Patrick

Lucas in political turmoil with mayor, city manager and city council member announcing resignations this week

Wednesday, November 17, 2010
By SAM HODGES / The Dallas Morning News

The Collin County community of Lucas is in political turmoil, with the mayor, city manager, and a city council member all announcing their resignations this week.

Allegations of elected officials interfering with Lucas city staffers have surfaced. A special city council meeting is set for Thursday at 6:15 p.m.

City Manager Robert Patrick resigned Monday, followed that day by council member Don Zriny, then on Tuesday by Mayor Bill Carmickle.

Carmickle could not be reached, but the latest Lucas newsletter announced the resignations, giving no explanation for his own other than “developments of the past few weeks.” His resignation is effective Dec. 3.

Patrick’s resignation letter says that not all elected officials in Lucas, with about 5,400 residents, have accepted the home rule charter giving staffers responsibility for day-to-day operations.

His letter also says, “I cannot stand by and see my staff disrespected by the constant allegations that either we are acting as minions to the mayor, or are pro-development.”

Patrick said in an interview that as city manager for Lucas, where residential lots must be at least one acre, he faced constant pressure over development.

“It’s just very difficult when there are the growth issues knocking on the door, trying to develop areas,” he said. “Then we have the want and need to keep Lucas’ quality of life as it is. Those forces sometimes meet. That’s where the elected and appointed officials are. That can be a difficult challenge -- to balance that need and appear and remain objective.

Patrick added that “staff does need to be allowed do to their job” but said he wasn’t accusing any particular elected official of interference.

Zriny, in his resignation letter, called Patrick “the best city manager this great city could have ever desired.”

In an interview, Zriny, said, “I felt I failed to protect the city manager from the rest of the council.” He said he would elaborate later.

Wayne Millsap, a former Lucas council member, said he hopes Patrick would reconsider resigning, given Carmickle's resignation.

Patrick said he is definitely leaving his Lucas post.

“I have been looking and feel confident that I’ll have employment shortly,” he said.

Patrick’s resignation is effective at the end of the year, and Zriny's is effective Jan. 31.

Another city council member, Philip Lawrence, said he had been assured that city services will not be greatly affected by the resignations.

“It’s never a good thing if you have one person leave, let alone three,” he said. “But the city is fine.”

The Thursday meeting deals only with Patrick’s resignation, said City Secretary Kathy Wingo.

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

Link: http://www.dallasnews.com/sharedcontent/dws/news/city/collin/columnists/ehousewright/stories/DN-housecol_14met.ART.Central.Edition1.4b7cd70.html

November 14, 2010
By ED HOUSEWRIGHT / The Dallas Morning News

read this article at DallasNews.com

November 14, 2010 12:25 AM CST
By Marthe Stinton/ McKinney? Courier-Gazette

For the first time in United States history, the nation will have a Democratic president, a Democratic Senate and a Republican House next year. The split has occurred before, though not in this composition.

Dr. Loran Miller is a professor of political science at Collin College and provided a few examples of the House-Senate split.

“During the Reagan years we had a Democratic House and a Republican Senate; during the first two years of the George H.W. Bush administration we also had a Democratic House and a Republican Senate; and early in the George W. Bush administration we had a Republican House and a Democratic Senate,” Miller said.

Though this will affect national politics, Miller said it will be hard to tell how it will impact the average citizen.

“Obviously, to get anything done you are now going to need bipartisanship,” he said. “Will the party leaders exhibit this or will gridlock ensue? The chance of bipartisanship is more likely during the first year than the second, as during the second year, politicians will be on reelection mode and less likely to bargain. When the Democrats had 60 votes in the Senate and an overwhelming majority in the House - and a Democratic president, bipartisanship was not necessary.”

Miller said the addition of tea party Republicans, and whether they decide to stick with the ideas they had during the election cycle — of “cut, cut, cut” without adding new taxes — could create interesting results.

“Both political parties need to make progress on cutting the deficit and dealing with economic issues — since those seem to be the mandates from last Tuesday’s election,” Miller said. “How these issues are addressed and how much each side is willing to give are the key questions. When political leaders talk about spending cuts, they don’t get specific. They tend to talk about ‘cutting the fat’ — but one person’s fat is another person’s meat,” Miller said.

Obamacare was a lightning rod on Election Day, but Miller said completely eliminating it is unlikely.

“Insurance companies — one of the Republicans’ largest contributors — love parts of it,” he said. “While they want to eliminate the provisions that require the industry to cover kids with preexisting conditions and they want to set lifetime limits on medical care, they make billions on the requirement to purchase insurance.”

Shawn Stevens, chairman of the Democratic Party of Collin County, said now that the Republicans have a majority in the U.S. House, they have the responsibility to actually govern and work together with the Democratic majority of the U.S. Senate and President Obama. He said they now have the chance help more Americans get good-paying jobs, “not the minimum-wage jobs that have been most of what has been created in Texas recently.”

“That is what Americans care most about,” Stevens said. “Hopefully, the Republicans in the U.S. House under Speaker John Boehner will not waste all of their time doing their contributors’ bidding by relitigating the recent health insurance reform legislation and trying to make President Obama a one-term president — as Republican Senate Majority Leader Mitch McConnell? has said was his main focus, instead of focusing on helping the Democrats try to improve the economic mess that was underway when President Obama took office — and focus on helping get Americans back to work.”

Stevens said it is difficult to tell whether the split will have a profound effect on local and national government.

“It all depends on how the Republicans approach the situation,” he said. “If they continue to be obstructionists and seek to try to frame President Obama and the Democrats as not being able to get anything done, and shut down the federal government like Newt Gingrich did when he was speaker and battled President Clinton, then that will obviously have an effect on the national government.”

Though what happens in Washington affects the public’s perceptions of politics in general, Stevens said, how the two big political parties relate to each other has an effect on the atmosphere of state and local politics.

“The biggest political reality on the ground in Texas right now is that the state of Texas is facing an estimated $25 billion state budget shortfall,” he said. “The Republicans completely control Texas state government, which in many ways has more of an impact on Texans’ lives, both directly — with school and college funding, prisons, roads and bridges, Medicaid, and safety-net programs like food stamps, which many Texans are having to rely on just to eat in this difficult economic environment — and indirectly with how state funding affects local governments.”

Stevens said because Gov. Rick Perry won’t have $16 billion in federal stimulus money from Washington in the legislative session next spring, Texans will likely see public college tuition increases, more students crammed into public school classrooms, closing of a number of state prisons and a continuation of the underfunding of the construction and maintenance of roadways, leading to even more congestion.

“Local governments, including local school districts, will very much be affected by what happens with the state budget in Austin next spring,” Stevens said. “The state budget shortfall is likely to have a severe impact on local community-college funding, like that for Collin College, which may be forced to either raise local tax rates, or tuition, or both.

Fred Moses, chairman of the Collin County Republican Party, sees the Republican House as an opportunity.

“We have a more conservative House that can put restraint on government spending,” Moses said.

Moses said that when one party controlled both the Senate and the House, it was presented the opportunity to pass something like health care without bipartisan support.

“I don’t know that it was good for the country,” he said.

He said the split will have a profound effect on both national and local governments in that there will be a more “conservative agenda.”

“I think in terms of some of the mandates we get from the federal government, there will be less likelihood that we have these government mandates on local districts like Collin County, because one is more conservative and we are looking more strongly to represent local government interests,” he said.

Moses hopes that both parties will work together and have the country’s best issues at heart.

read the rest of this article at StarLocalNews.com

Link: http://trailblazersblog.dallasnews.com/archives/2010/11/collin-county-paxton-joins-the.html

November 11, 2010
By Erin Mulvaney/ The Dallas Morning News - Trailblazer Blog

Rep. Ken Paxton, R-McKinney, threw his hat in the ring to join the race for Speaker of the Texas House.

read other blog entries on this topic at DallasNews.com

Link: http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/110410dnmetcollinglitch.1f3db7fba.html

November 3, 2010
By ED HOUSEWRIGHT / The Dallas Morning News

read this story at DallasNews.com

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

Commentary: Just for the record, vote times in excess of an hour were reported as early as 3 pm at high traffic locations such as the Allen Municipal Courts building, Christ United Methodist Church and Harrington Library in Plano, Renner-Frankford Library in Dallas and the Murphy Municipal building -- while other locations had minimal wait times.

It was not just last-minute voters who experienced long lines, as many Collin County voters who waited hours to vote, some outside in the rain, can attest. Unknown is how many voters were discouraged and left polling locations due to the long lines.

The Wait Time indicators on the County Elections website seemed to be updated for some locations, but not for others. At one point in the late afternoon, the indicator for Ford Middle School in Allen showed no wait when exiting voters were reporting waits of 90 minutes. A few miles away, voters at Suncreek United Methodist Church also waited 90 minutes as the online system showed a 15 minute wait.

Other than the indicators on the county website, there did not appear to be any system in place to advise voters in long lines that other nearby locations had significantly shorter lines. For example, while voters waited in a 90 minute line at Renner-Frankford Library in Dallas, lines were negligible at Rose Haggar Elementary School, half a mile away.

As frustrating as this experience was for so many, it was positively inspiring to see the long lines of voters so determined to cast their vote that they were willing to wait for an hour or more, particularly those who did so standing in the rain. They should be commended for their dedication, and we can hope that those who didn't vote at all will be encouraged by their example.

angellsmith

Link: http://www.dallasnews.com/sharedcontent/dws/news/politics/local/stories/DN-collin_03met.ART.State.Edition1.2947d93.html

November 2, 2010

By ED HOUSEWRIGHT / The Dallas Morning News

link to the full article at DallasNews.com

Link: http://www.texasobserver.org/forrestforthetrees/voting-problems-in-collin-county

by Forrest Wilder/The Texas Observer

Tuesday, November 02, 2010

The Collin County Observer has a post up describing "multiple reports of voting issues in Collin County today." Collin County is trying out a new "vote center" concept in which voters can vote at any polling location rather than their neighborhood precinct. The system requires the use of electronic pollbooks linked together.

According to The Collin County Observer, technical glitches with these pollbooks is causing trouble at the polls.

Concerns brought to our attention so far include a corrupt file loaded on all of the county-issued electronic pollbooks, network and telephony issues.According to our information, voting in many locations was interrupted due to the issues with electronic pollbooks and networks, and the resulting phone calls into the Elections Office overwhelmed their capacity to receive and handle calls.



While some election judges and their crews capably kept processing voters, others were paralyzed by the technology failures and essentially stopped voting for periods of time. All polling locations are provided with paper ballots and instructed to process voters on paper in the event of technical failure.

Election judges are also responsible for reporting wait times to the Elections Office so that the Wait Time indicator on the county's website can be updated and indications are that this is not happening consistently.

The Texas Observer talked to the author of the post, Debra [sic] Angell Smith. "From my standpoint, [the vote center concept] is a great idea," Angell Smith said. "The problem is do they have adequate infrastructure? I would say today the answer is 'no'."

Angell Smith said she didn't know how widespread the problems are. When I called the office of the Collin County Voter Registrar I was put on hold for about 10 minutes before reaching an operator. I left a message with an elections official in an attempt to corroborate this information. I will update this post when I hear back from her.

Update: I spoke with Tim Wyatt, a spokesman for Collin County. He confirmed that there were problems today with the electronic pollbooks, which are essentially laptop computers that contain a database of voters. But Wyatt said the delays in voting were relatively short and the problem is now fixed.

Here's what happened: Some of the laptops became overloaded and had to be reset, temporarily delaying folks from voting. It took the county IT people about 30 minutes to identify the root cause – a "Windows glitch" (damn you Microsoft!) that brought down the computers.

"It caused some delays," said Wyatt. "It slowed things down." He didn't know how many polling places were affected in all but said 47 technicians were deployed to fix the glitch. The longest reported wait was 90 minutes, Wyatt said. The voting machines themselves were not compromised and poll workers were able to verify voters over the phone.

The glitch wasn't caught during pre-election simulations because the system wasn't tested with the type of loads (number of voters) seen on Election Day.

As noted in the original post, the "vote center" model is relatively untested. Collin County is one of a handful of counties trying it out this election. The primary advantage of "voter centers" is convenience. On Election Day, voters can vote at any polling place of their choosing and can move to a different location if the lines are long. However, the system necessitates new layers of technology, i.e. more stuff that can go awry.

read the full post at TexasObserver.org

Link: http://www.dallasnews.com/sharedcontent/dws/news/politics/topstories/stories/110310dnmetcollinglitches.1ee30e742.html

November 2, 2010

By THEODORE KIM and ED HOUSEWRIGHT / The Dallas Morning News

link to the complete story at DallasNews.com

From volunteer staff reports

There are multiple reports of voting issues in Collin County today, primarily due to avoidable infrastructure failures. Concerns brought to our attention so far include a corrupt file loaded on all of the county-issued electronic pollbooks, network and telephony issues.

According to our information, voting in many locations was interrupted due to the issues with electronic pollbooks and networks, and the resulting phone calls into the Elections Office overwhelmed their capacity to receive and handle calls.

While some election judges and their crews capably kept processing voters, others were paralyzed by the technology failures and essentially stopped voting for periods of time. All polling locations are provided with paper ballots and instructed to process voters on paper in the event of technical failure. Election judges are also responsible for reporting wait times to the Elections Office so that the Wait Time indicator on the county's website can be updated and indications are that this is not happening consistently.

There is no way to know if the voters who left troubled polling locations went to other locations to vote, but it's extremely unfortunate that any voters were turned away or left on their own due to lengthy delays.

Technicians in the field are working to correct the IT issues, but making changes to the software while voting is in process raises multiple security concerns. All software loaded onto election equipment is required to have been approved by the Texas Secretary of State's Elections Division.

We hate to say "I told you so…" but the Observer has been sounding the alarm on this issue for years. The "vote center" concept can be a good one if implemented with appropriate IT and telephony infrastructure and adequate communication to voters, but unfortunately this has not been the case in Collin County.

If you haven't voted, please do, and if you encounter problems at one polling location, try another. Hopefully most of the systemic issues have been addressed and we won't have further interruptions due to technical problems, but if necessary be prepared to ask for a paper ballot.


link to Collin County Elections - Election Day Polling Locations & Sample Ballots

Other coverage of vote centers by the Collin County Observer:

Vote Centers: Expert's report ad public hearing today

Collin to take part in vote center pilot despite concerns

Link: http://www.dallasnews.com/sharedcontent/dws/news/city/collin/columnists/ehousewright/stories/DN-housecol_31met.ART.East.Edition1.33702a0.html

October 31, 2010
Ed Housewright/The Dallas Morning News

Read this column at DallasNews.com

Editorial: Courthouse circus in Collin County

The Dallas Morning News / Editorial board
Thursday, October 28, 2010

.... link to the editorial at The Dallas Monday News

Link: http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/102610dnmetcollinclerk.1ca65e396.html

October 27, 2010

By ED HOUSEWRIGHT / The Dallas Morning News

read this story at DallasNews.com

Link: http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/102810dnmetcollinclerkda.1cfb09484.html

October 27, 2010
By ED HOUSEWRIGHT / The Dallas Morning News

read this story at DallasNews.com

Link: http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/1024dnmetcollinjudge.24b1c01.html

October 23, 2010
By VALERIE WIGGLESWORTH, ED HOUSEWRIGHT and MATTHEW HAAG / The Dallas Morning News

http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/1024dnmetcollinjudge.24b1c01.html

Link: http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/1023dnmetgopburbs.2343248.html

October 22, 2010
By THEODORE KIM / The Dallas Morning News

link to this story at The Dallas Morning News

Link: http://www.dallasnews.com/sharedcontent/dws/news/city/collin/prosper/stories/DN-collin_17met.ART.Central.Edition1.334eeac.html

Sunday, October 17, 2010
By ED HOUSEWRIGHT / The Dallas Morning News

link to this article at The Dallas Morning News website

State District Judge Suzanne Wooten, others, indicted on bribery charges related to 2008 campaign

October 15, 2010
By VALERIE WIGGLESWORTH / The Dallas Morning News

link to this article at The Dallas Morning News

Compiled from volunteer staff reports
October 15, 2010

All twelve candidates for six contested county-level races from the Republican and Democratic parties, as well as one independent candidate, participated in a forum held Wednesday evening at the Spring Creek Campus of Collin College. The event, hosted by the League of Women Voters of Plano/Collin County and VOICE, a student organization at Collin College, also drew a large crowd of approximately 100 students and community members.

Forums planned by several other organizations, including the Plano Chamber of Commerce and the Healthcare Committee of Collin County, have been canceled recently, reportedly because nominees from the Republican Party, including several current office-holders, declined invitations. Other groups, such as the Plano Homeowner's Council, have held forums despite a lack of participation by Republican candidates. A similar event for state and national offices hosted by the League of Women Voters of Plano on Saturday, October 9th drew only Republican judicial candidates, as well as the Democratic, Libertarian and Green Party candidates.

Appearing at Wednesday evening's event were candidates for Collin County Judge, incumbent Keith Self (R) and former Plano City Council member David M. Smith (D); for district attorney, Greg Willis (R) and Rafael De La Garza (D); for Commissioner, Precinct 2, Cheryl Williams (R) and Rick Koster (D); for County Court at Law 3, Lance Baxter (R) and Sajeel Khaleel (D); for Justice of the Peace Precinct 3, Place 2, incumbent John Payton (R) and Rey Flores (D) and for Justice of the Peace, Precinct 4, incumbent W.M. "Mike" Yarbrough(R) and Andy Woolard (I).

In the County Judge race, incumbent Keith Self emphasized his dedication to cutting taxes and reducing the size of county government, while asserting that Democrats would raise taxes. Democratic challenger David Smith countered by pointing to his record of cutting taxes and working cooperatively with other elected officials as a member of the Plano City Council from 1993 – 1999, as well as his endorsement by The Dallas Morning News.

Cheryl Williams, who also served on the Plano City Council from 1995 – 1999, repeated many of the same themes as Self, and reinforced her experience as a small business owner. Rick Koster noted that his opponent and Self seem to be trying to focus on ideology and national issues, while he and other Democrats are trying to discuss substantive local issues, such as the divisions that have developed between county management and employees.

Both Self and Williams are supported by local “Tea Party” groups. Together with Commissioner Matt Shaheen, who shares their conservative views, they could form a majority on the Commissioner’s Court if elected.

The two District Attorney candidates, Greg Willis and Rafael De La Garza, both agreed that jail diversion can offer an opportunity to reduce recidivism in the county jail system, and concurred that it should be available only to individuals convicted of non-violent crimes, with appropriate precautions. Willis differentiated himself from his opponent by emphasizing his broad courtroom experience, as well as endorsements from a number of law enforcement groups. De La Garza responded with a review of his extensive trial experience.

The candidates for Judge of County Court at Law 3 offered a contrast between experience and new ideas. Lance Baxter stressed his wide-ranging background and his work with the mental health community. Sajeel Khaleel promoted the importance of bringing new technology, such as paperless systems, to the courtroom for improved efficiency, and proposed holding court sessions outside of typical office hours to provide more flexibility for citizens involved in court cases.

Justice of the Peace Precinct 3, Place 2, incumbent John Payton shared an overview of some of the programs he has developed during his long tenure in the position, including the Teen Court and Food Bank outreach youth programs. Rey Flores described his experience as a probation officer, mediator and counselor, as well as his educational background, and asserted that it was time for a change in this position as Payton has been in office for twenty years.

Justice of the Peace, Precinct 4 incumbent Mike Yarbrough noted that he relies on his background as a Marine for his “no-nonsense” approach to running his court. Andy Woolard questioned the hours Yarbrough spends on the job as well as his demeanor in the courtroom, and commended John Payton for handling the truancy cases that he asserts should be the work of the Precinct 4 court.

Early voting starts Monday, October 18th, and voters can cast their vote early at any polling location in the county through October 29th, or on Election Day, November 2nd. Election Day voting will use the "vote center" concept, allowing voters to choose any location county-wide instead of being required to vote in their neighborhood polling location.

link to Early Voting locations and schedule for the Nov. 2nd election
link to Election Day locations, hours and sample ballots

Collin County kills Lake Lavon bridge project

October 12, 2010
By ED HOUSEWRIGHT / The Dallas Morning News

link to this article at The Dallas Morning News

This lawsuit filed in Travis County references e-voting machines manufactured by Hart Intercivic, but there are similar concerns about e-voting machines sold by all manufacturers, including Diebold, the source of Collin County's voting equipment. This is a re-print of Bill's comments about e-voting here in Collin County from a post in December '09, still relevant today:

Collin County has used Diebold's electronic voting machines for several years now, and not without incident. In the 2004 presidential election, a Diebold machine "locked-up" at one polling place, and election officials were unable to get the vote counts from the memory card. The votes were finally counted a week later, but only after the memory card was secretly sent to a Canadian lab for analysis.

Recently, ars technica reported, "Diebold machines have been responsible for dropping votes and derailing elections in several states, including Ohio and Alaska. These high-profile failures and repeated findings of low reliability and poor security during tests have compelled several states to ban Diebold voting machine products. The company has also been sued for a wide range of misconduct associated with its voting machine business, including fraud and even GPL infringement."

Nevertheless, in 2008 Collin County bought 410 more Diebold machines for use in future elections. The county now owns over 1,400 of these "AccuVote" machines.

A couple of years ago, Diebold, concerned about the unlimited legal liability that could ensue from machine errors in contested elections spun off the elections division after it was unable to find a buyer. Renamed Premier Elections Solutions, the old election division was then sold this year to rival Elections Systems and Software, Inc.

Bill
(from post "Reuters - Diebold sale challenged" - 12/20/09)

Group of Travis voters takes e-voting case to Supreme Court
NAACP, others want paper ballot backups.

By Chuck Lindell/ AMERICAN-STATESMAN

October 13, 2010

Alleging that Travis County's electronic voting machines are not secure or reliable, a group of voters Tuesday asked the Texas Supreme Court to let their lawsuit demanding changes go to trial.

The lawsuit, filed in 2006 but held up on procedural questions, seeks to force Travis County to provide voters with a paper copy of their just-cast ballot to review for accuracy. That ballot would then be submitted to create a record that can be checked in event of a recount or problem with a machine.

The current system, which tabulates all votes cast on a machine but does not provide individual printed ballots, cannot ensure accuracy or provide a backstop to a voting system that has had problems in the past, the voters say.

But on Tuesday, a lawyer for Secretary of State Hope Andrade urged the state's highest civil court to throw out the lawsuit, arguing that the voters cannot show they have been harmed by the voting machines and therefore have no standing to sue.

Alleging hypothetical scenarios in which votes might be lost because of tampering or malfunctions is not the solid proof of harm that the law requires, Kristofer Monson , an appellate lawyer with the attorney general's office, told the court during oral arguments.

"This is not a case about the right to vote," Monson said. "This is a case about the relative policy merits for two alternative mechanisms for performing recounts after someone has voted" — ballots printed on paper versus the computer tabulation of votes compiled by each machine.

In addition, Monson argued, the secretary of state properly followed the law in certifying in 1999 that the voting machines meet state standards for accuracy.

Travis County purchased its machines, made by Hart Intercivic Inc., in 2001.

Similar arguments failed to sway the District Court in Travis County or the 3rd Court of Appeals, which ruled 2-1 that the lawsuit could proceed to trial.

The state has asked the nine-member Supreme Court to reverse those rulings and dismiss the suit.

Timothy Herman, lawyer for the voters — who include 2006 Democratic attorney general candidate David Van Os and the Austin chapter of the National Association for the Advancement of Colored People on behalf of its members — said a history of voting machine problems raises valid questions about the reliability of the ballot system in Travis County and elsewhere in Texas.

A paper record, he said, is necessary to protect voting rights guaranteed by state law and the Texas Constitution.

"The right to vote is meaningless unless you are also assured that the vote you cast is going to be counted properly," Herman said.

In briefs to the court, Herman recounted several past failures with electronic voting machines, including the loss of voting records in Collin County in 2004 and the inclusion of 100,000 uncast votes in Tarrant County in 2006.

"If a voter could demonstrate, as these voters have, that they are forced to use a machine which does not comply with the Election Code (requirement for accuracy), then they are in danger of being harmed," Herman said.

"We have right to plead it. All we want is to go back to the trial court and sort it out," he said.

Thirty-two states now require voter-verified paper ballots, according to the Verified Voting Foundation , a nonpartisan nonprofit reform group.

The Supreme Court has no deadline to rule but typically issues an opinion about 13 months after oral arguments. The case is Andrade v. NAACP of Austin, 09-0420.

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

link to this article in The Austin America Statesman

Additional coverage on electronic voting on the Collin County Observer:

Reuters - Diebold sale challenged

Wired - Diebold admits systemic audit log failure

DMN - Anyone want to buy a white elephant?

Texas judges run in the dark

Editorial Board - Austin American Statesman

As we've noted many times before, Texans zealously cling to their right to elect their judges but would be hard pressed to name even a few of the 18 people who occupy the benches of two highest courts in the state, the Texas Supreme Court and the Court of Criminal Appeals.

Nonetheless, every two years, judicial candidates ask people for money and votes then cross their fingers. There might be a better way to do this, but until Texas finds it, the state's voters will hand the power to redirect lives and money to people they barely know.

The nine-member Supreme Court is the last stop in the state system for civil disputes, and, as the name implies, the Court of Criminal Appeals is the last word in the state system for criminal cases.

This year, three Supreme Court justices — all Republicans — face challenges from Democrats, and only one of the three justices running for re-election to the Texas Court of Criminal Appeals faces a Democratic challenger.

Texas Court of Criminal Appeals

It is no coincidence that Justice Mike 
Keasler drew a Democratic opponent. Though Keasler, a Republican, who has served two six-year terms, is an amiable enough fellow, he is associated with a faction of the court that never met a conviction it didn't like.

A series of death penalty cases involving ineffective assistance of counsel, allegations of bad science or just plain sloppy police work have been affirmed by the court of appeals. One particularly troublesome case involved Verla Sue Holland, a former member of the Court of Criminal Appeals who, as a state district judge, presided over a capital murder case in which the evidence against the defendant was strong. The problem was not the quality of evidence, though. When long-standing rumors that Holland and the prosecutor in the case had a romantic affair were confirmed, questions arose about how fair the trial was for defendant Charles Dean Hood.

Keasler was part of the Court of Criminal Appeals majority that refused to grant Hood a new trial when the defense claimed that the first one couldn't have been fair given the circumstances. The case drew national attention and a lot of comment about the appeals court standards for a fair trial.

The appeals court finally ordered a new punishment trial for Hood but had to reverse an earlier ruling that had nothing to do with Holland's illicit affair with then-Collin County District Attorney Tom O'Connell Jr.

It isn't the only example of the court's strange notions of justice.

Keasler, 68, shrugs when asked about the cases, saying the law is imperfect sometimes. That attitude might make sense in a strictly academic legal sense to someone, but it is chillingly cavalier when a life is at stake.

Clearly, it is time for new blood on the court, and we recommend Keith Hampton, 49, an Austin lawyer, to inject it. Hampton is a well-respected advocate who was the overwhelming winner in a statewide poll of lawyers. The poll might not mean much outside legal circles, but it speaks volumes because incumbent jurists usually have an advantage in those surveys

It should concern all Texans that the Court of Criminal Appeals has lost respect; the judiciary is the bedrock of a civilized society.

Hampton won't necessarily be able to fix all the court's ills, but we bet that he'll make a pretty good start toward restoring the public's confidence in its court.

Incumbent Justices Lawrence Meyers, and Cheryl Johnson, both Republicans, face Libertarian opponents on the Nov. 2 ballot.

read the rest of this editorial at Statesman.com

DA pulls 100 indictments from Wooten's court, Wooten's attorney says Roach has "lost his mind"

DA pulls 100 indictments from Wooten's court, Wooten's attorney says Roach has "lost his mind"

By Danny Gallagher, StarLocalNews.com/McKinney Courier-Gazette
October 5, 2010

The tension between Collin County District Attorney John Roach and District Judge Suzanne Wooten grew another notch Tuesday when Roach announced he would pull and re-submit over 100 cases from her court.

Roach said in a released statement that he ordered his office to pull and review more than
100 indictments filed in Wooten's court and resubmit them to another Collin County grand jury due to allegations of biased members that Wooten placed on the jury panel and the appointing commissioners.

Roach, who conducted an investigation into Wooten's election practices to the 380th District Court that ousted incumbent Charles Sandoval before handing the case to a special prosecutor from the Texas Attorney General's Office, claimed the questionable indictments were made by a grand jury selected by Wooten.

A separate grand jury approved the appointment of a second special prosecutor to investigate the Collin County DA's office's conduct in launching their investigation against Wooten. Roach's office recused themselves from the investigation after the Texas Attorney General's took over the case.

Roach alleged in a separate statement that Wooten had stacked the grand jury with questionable appointments including the father of her attorney Pete Schulte of Dallas and a former Collin County DA employee "who has had personal and professional conflicts with my office."

Schulte said Wooten did not directly appoint the members of the grand jury. She appointed commissioners to choose jurors from a sealed document.

Roach pulled the indictments when he discovered that an unidentified aunt of Schulte's served as one of the commissioners on the grand jury panel.

"We have also learned at least one of Judge Wooten's grand jurors, who we believe to be acting independently of the 'special prosecutor,'" Roach said, "has personally contacted at least one person to be a witness for Judge Wooten's grand jury."

Schulte rebuked the allegations made by Roach's office as the last act of a desperate man.

"The DA of Collin County has completely lost it," Schulte said. "He's lost his mind."

Schulte said he recommended her aunt to Wooten as a commissioner for the grand jury panel after Wooten asked him if he knew anyone "in Plano who has a lot of time. I thought of my aunt because she's retired."

He called Roach's decision "unprecedented."

"Basically for the DA to decided without any other determination that a grand jury is not lawful is unprecedented and probably illegal," Schulte said. "The fact of the matter is that taking the time to do away with these cases that he's dismissing and re-indicting or resubmitting is obstruction of justice."

The resubmitted cases represent the distrust that Roach and his office have in Wooten's ability to construct a credible and impartial grand jury, Roach said.

"I took these actions because I have profound reservations about the integrity of the entire process in impaneling Judge Wooten's grand jury and its subsequent actions, which also present serious ethical questions," Roach said. "Neither I, not any other citizen of Collin County can have confidence in the composition and operation of Judge Wooten's grand jury. All persons whose cases are presented to a grand jury have a right to expect, without reservations, that their cases will be considered ethically and within the bounds of the law. I am duty bound to see to it."

Schulte denied the allegations that Wooten tried to stack a grand jury with favorable members.

"If Judge Wooten was going to stack a grand jury, she would have put 12 angry lawyers on that grand jury because it takes nine out of 12 jurors to do anything," Schulte said. "This is all a smoke screen because he's scared. He knows the activity that he and his office have done and he knows he could get indicted. He's trying to cast a shadow of doubt because he has no other recourse."

link to article at StarLocalNews.com....

JOHN R. ROACH
CRIMINAL DISTRICT ATTORNEY

McKinney, TX
October 5, 2010

FOR IMMEDIATE RELEASE

Collin County DA Orders Review of More Than 100 Indictments, Halts Submission of New Cases

Collin County District Attorney John Roach has ordered the review and re-submission of more than 100 indicted cases to another Collin County grand jury.

The indictments in question were issued by a grand jury selected by Judge Suzanne Wooten. At the time of the grand jury’s selection, Judge Wooten and at least two other persons were being investigated by the DA’s office for allegedly violating campaign election laws and for other alleged criminal conduct. Mr. Roach’s office later recused itself from the investigation, and the Criminal Justice Division of the Texas Attorney General’s Office was appointed by a court to continue the investigation and, if necessary, to prosecute any criminal cases resulting from it. That investigation is still ongoing.

In a statement released by the DA’s office two weeks ago, Mr. Roach announced that the same grand jury selected by Judge Suzanne Wooten had requested and obtained the appointment of a “special prosecutor” to investigate him and/or his assistants.

“Judge Wooten named to her grand jury the father of the attorney who represents her in the criminal case my office was, and the Attorney General is now, investigating.” Roach said. “She also named two grand jurors who are local lawyers, one of whom was dismissed from employment in my office and another who has had personal and professional conflicts with my office. One of those attorneys represents an indicted defendant in a high profile public corruption case my office is currently prosecuting.”

Mr. Roach ordered that all cases indicted by Judge Wooten’s grand jury be reviewed and resubmitted to another grand jury after it was discovered that the aunt of Judge Wooten’s criminal defense attorney (his mother’s sister) was one of the commissioners appointed by Judge Wooten to list the names of prospective grand jurors. Judge Wooten chose from that list when she impaneled her grand jury. Mr. Roach added, “We have also learned at least one of Judge Wooten’s grand jurors, who we believe to be acting independently of the “special prosecutor”, has personally contacted at least one person to be a witness for Judge Wooten’s grand jury.”

At Mr. Roach’s request, an additional grand jury was impaneled on October 1 to review the cases previously heard by Judge Wooten’s grand jury. That new grand jury will also consider all new cases that would otherwise have been heard by Judge Wooten’s grand Jury.

“I took these actions because I have profound reservations about the integrity of the entire process in impaneling Judge Wooten’s grand jury and its subsequent actions, which also present serious ethical questions. Neither I, nor any other citizen of Collin County can have confidence in the composition and operation of Judge Wooten’s grand jury. All persons whose cases are presented to a grand jury have a right to expect, without reservation, that their cases will be considered ethically and within the bounds of the law. I am duty bound to see to it,” Mr. Roach said.

link to PDF of news release....

Feud escalates between Collin County District Attorney John Roach, state District Judge Suzanne Wooten

October 5, 2010

By ED HOUSEWRIGHT / The Dallas Morning News

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

DMN - Collin DA John Roach, foes ready for his retirement


October 5, 2010

By ED HOUSEWRIGHT /The Dallas Morning News

Collin County District Attorney John Roach says he's looking forward to his retirement at year's end.

Some defense attorneys say they are too. They've become increasingly vocal in criticizing Roach as arrogant, autocratic and demeaning of defense attorneys.

"He doesn't seem to shy away from personally attacking anyone who dares to criticize him," said Mitch Nolte, a former chief felony prosecutor under Roach.

He and other attorneys began speaking out because of Roach's yearlong investigation of state District Judge Suzanne Wooten, who was elected in 2008. The inquiry is believed to involve campaign finance issues. Roach defends the investigation but won't comment on its substance.

"It's a witch hunt, and there's no witch," said Sharon Curtis, president of the Collin County Criminal Defense Lawyers Association.

Roach has received both criticism and praise in his eight years as district attorney.

He received the Lone Star Prosecutor Award from the Texas District & County Attorneys Association in 2008. The group honored Roach for "his courage and discretion in prosecuting – or choosing not to prosecute – several cases."

Roach's office has won a number of high-profile convictions. Last year, for instance, Raul Cortez was sentenced to death after being convicted of fatally shooting four people during a 2004 McKinney? home burglary. It was the worst mass murder in Collin County history.

Roach, an Air Force veteran, runs his office in a formal, regimented way. He addresses all his employees by "Mr.," "Ms." or "Mrs." Employees call him "Judge Roach" in recognition of his two decades as a district and appellate judge.

Roach requires male prosecutors to wear a suit or sport coat with a tie. Women can't wear "unreasonably short skirts or dresses or sexually provocative clothing," according to a 40-page office manual.

"I have some pretty set ideas about the way things ought to be," Roach acknowledges.

He has often riled county commissioners who set his office budget.

For instance, commissioners opposed his plan in January to spend $25,000 on high-powered rifles, shotguns, helmets and shields to equip a courthouse security team consisted of his investigators.

The money would have come from an asset forfeiture fund that Roach alone controls.

"It's my money," Roach said at the time. "I can spend it for anything my office requires, in my opinion."

Roach, 64, staunchly defends some policies that defense attorneys attack. For instance, he won't allow some defendants to plead guilty before a judge. Instead, Roach insists on trying the case.

"We're hard-nosed prosecutors," Roach said. "A lot of defense attorneys, not just here, want a DA who will roll over for them."

The repartee between Roach and defense attorneys won't last much longer. He decided not to seek re-election in the spring primary and his last day in office will be Dec. 31. In November, voters will decide his successor: Republican Greg Willis or Democrat Rafael De La Garza.

Roach plans to pursue his hobbies of swimming, scuba diving, skiing and firearm sports.

He won't rule out another run for public office, although he has no job in mind.

"Nobody holding office currently needs to be quaking in their boots," Roach said.

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

Editorial: David Smith for Collin County judge

The Dallas Morning News Editorial Board
Thursday, September 23, 2010

Give credit to Collin County Judge Keith Self for one achievement in office: stimulating citizen interest.

Unfortunately, much of the public interest that Self has ginned up has involved a level of acrimony and distortion that are a disservice to the county.

Self, a Republican, is seeking a second term by styling himself as an uncompromising fiscal conservative. Voters who like that message but could do without the drama have a good option on Election Day: former Plano City Council member David Smith.

Smith, 59, a telecommunications consultant, has the challenge of being a Democrat running in a GOP county. But he matches Self's credentials as a budget hawk. Known as a detail man in office, Smith served three terms on the Plano council as a finance committee member who pushed for efficiencies and lower taxes. One year, 1997, when Plano had a healthy budget surplus, the City Council approved an unprecedented property tax rebate; Smith pushed, albeit unsuccessfully, for a cut in the rate as well.

Smith used his voice in Plano to make the council's decision-making more accessible. He was sympathetic to homeowner interests when they clashed with big developers. He continues that work as legislative director for a statewide homeowners group.

One difference between the candidates that Smith pledges to accentuate: his interest in consensus-building vs. Self's predisposition to pick a fight.

Self, 57, a former career Army officer, has stirred up a fuss in arguing that the county funds extravagant pensions for its employees. He took that campaign to rallies and recruited supporters on Facebook, but the message stems from flawed assumptions.

Self has painted a picture of retirees rolling in pension dollars, when the truth is that most collect modest benefits. One session of the Commissioners Court overflowed with alarmed employees and raw emotion. A fellow officeholder, longtime Tax Assessor-Collector Ken Maun, challenged Self's integrity, saying, "Your math sucks."

Self grudgingly admitted to this newspaper that he might do some things differently now that the issue has caused such bitterness, but that's hard to believe when he insists that his numbers are not misleading. It's clear he doesn't accept responsibility for disingenuously pitting taxpayers against employees.

Self also fought his own Commissioners Court and a citizen-led planning process for a major countywide bond package for roads, a package ultimately approved overwhelmingly by voters. And he tangled at a hearing in Austin with state Sen. John Carona, R-Dallas, and has made clear that he sees regional cooperation as infringement on local control.

This should not be the face of one of the nation's fastest-growing, most affluent communities. The county deserves measured, professional administration.

Smith, an Air Force veteran, brings a business portfolio to the table, drawing from a career at Texas Instruments and EDS as leader of engineering and business-development projects. The county could use collaborative leadership after four years of counterproductive head-butting.

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

Attorneys for embattled District Court Judge Suzanne Wooten filed a motion in Judge Mark Rusch's District Court asking that Judge Rusch either disclose his appointment of a Special Prosecutor to investigate Judge Wooten by filing his appointment with the District Clerk or confirm that he made no such appointment.

The filing, titled: "MOTION TO FILE AND PRODUCE ORDER APPOINTING ATTORNEY PRO TEM AND RELATED DISQUALIFICATION DOCUMENTS" was filed Monday evening and assigned case number 401-03911-2010.

In the motion, which the Collin County Observer has seen and read, but does not yet have a copy to post here, Wooten's attorney, Peter Schulte lists a series of actions he and Judge Wooten have undertaken to try and find out if there were charges going to be filed against her and if so by whom.

In his motion, Schulte writes:

"It has now long been speculated and now confirmed by John R. Roach, Sr., District Attorney of Collin County, Texas, that Movant [Wooten] has been under investigation related to alleged violations of unnamed "campaign election laws" by the DA's office and by members of the Texas Attorney General's Office..."

"After a Hearing held on June 30, 2010, Judge Ray Wheless agreed that the Assistant Attorney General Harry E. White illegally tried to re-assemble a grand jury on his own without permission from the Court. In essence, White broke the law..."

"In addition, it was learned that White was evidently deputized as an Assistant District Attorney for the Collin County District Attorney's Office and was not acting as an "Attorney Pro Tem..."

"On September 12, 2010, Movant's attorney Peter A. Schulte filed a Public Information Act (PIA) Request with the Collin County District Clerk's Office requesting 'Any and all documents, records, memorandum, or Court Orders...currently in the possession of any member of Collin County District Clerk's Office appointing any member of the Texas Attorney General's Office an Attorney Pro Tem, or Special Prosecutor on any matter from March 4, 2008 to the date of this request.'..."

"On Thursday, September 16, 2010, John R. Roach, Sr. released a press release regarding an alleged "Attorney Pro Tem" appointment that had been made to investigate Roach or members of his office... This press release was released to the entire DA's office at 9:57am. The "Attorney Pro Tem" order referenced in this Press Release was not filed with the District Clerk until 1O:27am, exactly 30 minutes after this press release was issued..."

"In addition, Roach states in his press release that his 'office and the Attorney General of Texas have been investigating Judge Wooten, as she [sic] has publicly stated many times, and two other persons for allegedly violating campaign election laws and other alleged criminal conduct when she ran for election as [sic] as district judge in 2008.' The press release continues, 'My office has since recused itself from the investigation, as is appropriate in these circumstances, and the Criminal Justice Division of the Texas Attorney General's Office has
been appointed by a court to continue to investigate and, if necessary, prosecute any case against Judge Wooten and others as the law and the facts may dictate.'"

On Monday, September 20, 2010, Movant's attorney Peter A. Schulte spoke with Hon. Hannah Kunkle, District Clerk of Collin County, Texas, who communicated to Mr. Schulte that after a due diligence search no Attorney Pro Tem Order exists in relation to the investigation currently being conducted of the Movant."

And then the zinger:

"It has been discovered by Movant that the Honorable Judge of this Court may have signed an Order appointing an "Attorney Pro Tem" at some time in the recent past, but such Order has not been filed with the Collin County District Clerk's Office as required by law."

"This motion respectfully requests that Judge Rusch file any such order and to produce a copy of such Order to Movant's attorney, or in the alternative, confirm to Movant that such an Order does not exist."

As has been reported in The Collin County Observer, DA John Roach has investigated Judge Wooten for almost years. Several Grand Juries have heard testimony, but none have voted on a bill of indictment.

A simultaneous investigation by Roach against Judge Greg Willis (now the Republican candidate for DA) resulted in a 'no bill' and an exoneration by the grand jury.

Judge Rusch has not set a date for a hearing on the motion.

Bill

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Collin County Observer coverage of the DA vs the Judge:

• Collin Judge and DA battle it out with dueling special prosecutors, CCO, Sept. 17, 2010
  
  
• "The DA vs. the Judge" or "In re: Grand Jury Proceedings" (UPDATED), CCO, June 29, 2010
  
  
• Court releases Willis Grand Jury report, CCO, Jan. 26, 2010
  
  
• 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, Nov. 19, 2009
  
  

Last week, the Collin County Commissioners Court held an evening meeting. The quarterly evening meetings are an experiment by the commissioners in opening up the county government to citizen interest and involvement.

Some of the evening meetings have been well attended, because the commissioners scheduled important public hearings or discussions for those nights.

Not so last week. The court's agenda was little more than routine consent items. In fact the court session lasted less than 10 minutes from invocation to adjournment - the shortest regular court meeting I remember seeing.

In a plus for the county's open government initiative, only one citizen showed up to watch the non-meeting. I understand that afterwards, Commissioner Jaynes bought the intrepid citizen a cup of coffee, hoping that would help make the trip to Bloomdale Rd. at least a little worthwhile.

This week, the court was back on its regular schedule of meeting at 9:30 AM when only retirees and the unemployed are not busy working. This week's agenda was chock full of items that would have really made the evening meeting interesting.

First came the theater.

Act 1
During the public comments, a Mr. Hostetler and our well known Karl Voightsberger used the comments section to solicit the court's interest in buying what's known as "Life Settlement funds" to increase the yield on the county's retirement funds.

With Life Settlement Funds, investors pay sick, elderly people cash today in return for the money from their life insurance when they die. The sooner they die, the more the investor makes.

Ghoulish, yes... and I didn't miss the irony of funding retiree pay by betting that other old folks will die soon.

Act 2
During the presentation of employee awards, District Clerk Hannah Kunkle presented a 15 year pin to her deputy Amy Mathis. The Observer's readers will remember that Ms. Mathis is under felony indictment for racketeering and theft by a public servant.

This author is astounded at the attitude Hannah Kunkle and the Commissioners Court. The indictment of Ms. Mathis, Patricia Crigger and 4 other deputy clerks has brought shame to our courthouse. All these indicted ladies are still supervising workers in the District Clerk's office -- acting as if nothing is wrong.

Instead of putting these ladies, who a Grand Jury has charged with the commission of multiple felonies and are out of jail on bonds out of sight, the county gives one of them an award. Wow!

If this is how we want to run our courthouse, perhaps the Texas Rangers need to put the Collin County courthouse on a monthly raid schedule.

Later in the meeting, by a vote of 4-1, the commissioners court approved the continuation of the Vote Center experiment for the November gubernatorial election. Commissioner Jaynes voted 'no' saying he had concerns that the Vote Center plan had not matured into the successful "big box" model used elsewhere.

Commissioners Jaynes and Shaheen asked Elections Administrator Sharon Rowe to consider opening an additional early voting location in Frisco and west Allen.

Jaynes also asked that the west McKinney early voting site be moved to a more convenient location.

Judge Self then gave his budget presentation.... the Observer will write more on this in the next day or so.

After meeting in executive session, the court appointed Jane Willard of Celina to replace Paul Wageman as one of the county's two representatives to the NTTA Board of Directors.

Bill

Transportation blog: Jane Willard to replace NTTA Chairman Paul Wageman as board's Collin County representative

Monday, August 9, 2010
By MICHAEL LINDENBERGER / The Dallas Morning News

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

At the Commissioners court meeting today, the court will hear Dr. Robert Stein of Rice University present his report on the use of Vote Center in the November, 2009 election. After Dr. Stein's presentation, the court will hold a required public hearing on using the Vote Center concept in the upcoming November gubernatorial election.

Some background:

In 2006 and again in 2009, the Texas Secretary of State approved Collin County, along with Lubbock, Galveston and Erath counties, as a test site for the use of Vote Centers, or consolidated polling places.

The concept of Vote Centers involves reducing dramatically the number of election day polling places by eliminating precinct based polls and replacing them with larger Vote Centers where anyone in the county can vote. A similar concept has been in use for several years in early voting.

In an early voting polling place, anyone in the county can vote in any of the polling places. Citizens are no longer limited to voting in their neighborhood, but can vote near their school, office, stores or on their way to work.

It a popular idea, and the data shows the voters like the concept.

In 2006, the county elections department submitted a plan to the commissioners court, but withdrew it after the commissioners heard objections to the poorly designed plan from both political parties.

Collin County used Vote Centers for the first time in the November, 2009 constitutional amendment election. The County also contracted with Dr. Robert Stein of Rice University to perform some statistical analysis of the election and the effect of the Vote Centers.

Dr. Stein released his report in January. Stein compared statistics and exit poll data from Collin and Denton counties. Collin used the Vote Centers, and Denton did not.

Stein's report shows a lower Collin County turnout on election day compared to Denton County and Texas as a whole.

The data also showed that 8.4% of the Collin County voters waited in line for more than 10 minutes. In Denton County 5.2% waited for 10 minutes or more.

Several voting locations were used by large number of voters, while others were almost empty all day. In Collin County almost a third of the voters chose to vote in only 10% of the Vote Centers. This uneven distribution was, according to Stein, the likely cause of the additional waiting in line.

Since Collin County will be using substantially the same locations this year, it would be reasonable to predict that there will be lines of voters waiting at some of the more popular Vote Centers.

One issue that makes it difficult to use any analysis of the 2009 election is the great disparity expected in voter turnout between the 2009 Constitutional Election, and the 2010 Gubernatorial Election.

In 2009, less than 5% of the voters turned out to vote in 57 Vote Centers. This year, turnout should be closer to 25%-35% and they will vote in 70 Vote Centers.

The 70 proposed Vote Centers are a reduction from 129 precinct poling locations that would be expected if the Vote Centers are not approved.

After Dr. Stein's report, the county commissioners will hold a public hearing. It is expected that the Republican Party will support the 2010 plan, but that the Democratic Party will express some reservations.

In 2009, representatives of the Democratic Party, minority groups and disabled voter advocates who were on the county's Site Selection Committee all expressed some serious issues they believed could reduce voter turnout. Most then opposed going forward with the 2009 plan.

This year, the Democratic Party is expected to once again express real reservations of the wisdom of the plan. It is expected that their concerns will be similar to those in 2006 and in 2009 -

1. There are insufficient electronic poll books needed to check in voters. While this did not prove to be a huge problem in the low turnout 2009 election, the lack of poll books was a root cause of much of the lines seen in 2009 and it can be expected that the lines will grow exponentially this year.

Traditional vote centers offer multiple, as many as 10 or 20 electronic poll books so that voters can queue up in lots of shorter lines. Most Collin County Vote Centers will have only 2 poll books, thereby forcing voters into only 2 much longer lines.

Collin County has had real problems in the past with the electronic poll books and the VoteSafe software behind them. In 2008, Snafus with VoteSafe caused long lines, poll worker frustration and days of missed reporting during early voting. The lines were so long, and poll worker frustration so high that there were cases reported where election workers asked voters to 'come back on another day'.

2. Lack of parking. Almost every single Vote Center is located at a school or government facility. Election day is a normal work day and a school day. the parking lots will already be substantially full and it is feared that there is insufficient planning to allow parking for the anticipated 80,000 - 120,000 voters expected on election day. Dr. Stein's report lists most Vote Centers as having less than 5 available parking slots. Traditional vote centers avoid using schools, instead opting for large, recognizable buildings with plenty of parking.

3. Uneven distribution of Vote Centers:

• Allen has only 2 vote centers, or one for every 42,000 residents.
• Frisco has 6 vote centers, or one for every 17,800 residents.
• Plano has 16 vote centers, or one for every 16,500 residents.
• Murphy has one vote center for 13,700 residents.
• Wylie has 3 vote centers, one for every 13,000 residents.
• McKinney has 12 vote center, or one for every 10,600 residents.
• Farmersville has one vote center for 3,300 residents.

Long lines can be expected in Allen, Plano and Frisco. Some voters faced with no parking places and long lines will simply choose to go home and not vote.

Collin County will be using far more Vote Centers than is normally used in the Vote Center model. In Collin County, we will have 70 Vote Centers replacing 129 precinct polling places. In Larimer County, CO., they replaced 143 precinct polling places with only 22 'super precincts' or vote centers. Phoenix has replaced their 130 precinct polls with only 20 vote centers.

Collin County's use of a much larger number of 'super precincts' could help mitigate much of the issues that would wreak havoc (and have done so) in a more traditional Vote Center... that is IF the voters can find a parking place, and IF the VoteSafe software performs as promised.

The commissioners court will meet at the Jack Hatchell Administration Building, 2300 Bloomdale Rd. in McKinney. The meeting begins at 9:30 AM and public comments are welcome.

Bill

=================================
NOTES:

Proposed November General election poll locations, Collin County Elections, Aug. 2010

An Evaluation of Election Day Vote Centers In Collin County, Texas: 2009 Election, Stein and Vonnahme, January, 2010

November 3, 2009 Election Day Vote Centers open for business, CCO, Nov. 2, 2009

Collin to take part in vote center pilot despite concerns, CCO, Sept. 9, 2009

Does Collin County understand what a Vote Center is?, CCO, Aug. 10, 2009

Public Hearings on Countywide Election Day Polling Place Program, CCO, Aug. 3, 2009

Reports detail Collin County Early Voting problems, CCO, November 1, 2008

The 2009 Vote Center Plan submission to the Texas Secretary of State (MS Word doc)

Analysis of previous Collin County plan from 2006, Baumbach et al, July 2006

Collin County chosen to test polling place plan on Election Day, The Dallas Morning News, September 7, 2009

Vote centers "a total fiasco", The Denver Post, November 9, 2006

Patricia Crigger

Six supervisors in the Collin County District Clerk's office were indicted by a Collin County Grand Jury today for "Engaging in Organized Criminal Activity" - a felony.

The six are:

1. Patricia Crigger, Chief Deputy District Clerk
2. Sherry Bell
3. Rebecca Littrell
4. Amy Mathis
5. Lorrie Robertson
6. Marcia Simpson

Patricia Crigger is the number 2 person in Hannah Kunkle's District Clerk's office. Ms. Crigger won the Republican Primary run-off to replace the retiring Ms. Kunkle. Since she faces no Democratic opposition, she is slated to be the next District Clerk on January 1, 2011. Her indictment casts doubt on her ability to assume that office.

The other 5 women are supervisors in the District Clerk's office. According to the Grand Jury report released today, the charges against all six county employees were brought by the Texas Rangers.

The Texas Rangers and other law enforcement personnel raided the District Clerk's office on June 3rd, seizing numerous records and computer drives. According to search warrant affidavits, it is alleged that Crigger and other supervisors were maintaining a double set of books on employees time, and then granting paid time off for various reasons, including time spent campaigning for Ms. Crigger.

So far, Hannah Kunkle has not been indicted. The Observer has heard rumors that both state and federal grand jury investigations may be underway.

Engaging in Organized Criminal Activity is a second degree felony. The Organized crime act is usually used against gangs and street gangs, not county courthouse personnel. Conviction could result in prison time from 2 to 20 years, a fine up to $10,000 and loss of many citizenship privileges.

The Collin County Observer has not heard if the six employees have been arrested or arraigned yet or when arraignment and bail hearings are scheduled.

Bill

====================
Update July 30

This morning, District Judge Mark Rusch granted personal recognizance bonds to all six supervisors. However, he refused to waive their personal appearance for processing and gave them until Monday to surrender to the Collin County County Sheriff.

The granting of the PR bonds stopped the Texas Rangers from executing arrest warrants on these accused. There will be no 'perp walk' unless one or more fail to surrender on time.

Bill

From the David Rippel for Judge Facebook page: "David believes in strict enforcement of, and fair treatment of the law. A conservative judge that Collin County will be proud of."

However, campaign reports filed with the county show that newly appointed County Court at Law Judge David Rippel has been consistently in violation of state law in that every one of his ethics reports has been late, misleading, incomplete and/or inaccurate.

Failure to file a complete, accurate and on-time campaign finance report is a Class C misdemeanor, and could subject Judge Rippel to civil fines by The Texas Ethics Commission or a criminal fine by a Justice of the Peace court.

Failure to file a timely Personal Financial Statement is a Class B misdemeanor and could lead to jail time as well as a fine.

Under Texas Law, the County Clerk is required to notify the District Attorney of all late Personal Financial Statements. It is unclear if Ms. Kemp did so. In past administrations, the County Clerk has refused to file the list with the DA, saying that she did not want to get involved in what seemed to be political disputes.

Only one of the 5 required report was on time

Only the first report Judge Rippel submitted was on-time and that one was filed in the wrong office. County candidates are required to file their campaign finance reports with the Elections Office. Judge Rippel filed his papers at various locations, including the Elections Office, the County Clerk's Office, and the Texas Ethics Commission.

All the other required reports were anywhere from 5 days to over 5 months late. Before the Election, The Collin County Observer contact Mr. Rippel several times about missing reports. I repeatedly told him that the reports were supposed to be filed in the Elections office, but they had no record of them being received. In every case, he insisted they had been filed, and on one occasion offered to fax them to me. I sent him my fax number, but Rippel never sent them.

Also troubling is that two of the reports (the Personal Financial Statement and the July Semi-Annual report) were filed one day after The Observer emailed an Open Records Request to Stacy Kemp, the County Clerk. It sure looks as if the County Clerk's office warned him that I was snooping around looking for his missing reports.

Reports filed

Reports inaccurate and misleading

Judge Rippel's reports contain mistakes in arithmetic, but most importantly they fail to state who gave him over $8,900 of the $36,000 he reported as having spent. Failure to state the sources of campaign funds is a Class C misdemeanor punishable by criminal and civil fines.

Of the $27,344 he does report as having received, $21,794 was his own money, and $5,000 was from relatives in Louisiana. Only 2 contributions, totaling $550, were from donors not surnamed Rippel -- none were from Texas.

Almost all the $36,000 spent went to a Plano political consultant. Rippel's reports show he paid consultant Joseph G. Counter over $31,000.

Contributions and expenses reported by David Rippel
Reported totals

Time lapses in the reporting periods

Judge Rippel's reports fail to explain where and when he received almost $9,000 in contributions - about a third of all his expenditures. Were some of these contributions made in the weeks that he never reported? What, if any, expenses did he pay during those lost weeks?

Campaign finance laws are designed to require candidates to fully disclose all sources and uses of campaign funds. The candidate's duty to report begins the day he appoints a Campaign Treasurer.

Rippel appointed his treasurer on September 4, 2009, but his report states it begins reporting on September 22 - three weeks later. Other reports indicate missing and overlapping reporting periods. One report, the "Run-off report" seems to have never been filed. Open Records requests at the County Clerk's office and to the Elections office have failed to produce any Run-off report. Nor does a search at The Texas Ethics Commission website uncover any Run-off report.

Dates reported

A profound inability to comprehend or contempt of the law?

David Rippel was appointed by the County Commissioners court to fill the vacant Court at Law #4 bench after winning the Republican Party primary run-off in April. There is no Democrat running for this court.

His appointment is until December 31. On January 1, he will begin a four year elected term on the same court.

County courts at Law are known as "Statutory Courts". They are created by acts of the Legislature. They handle misdemeanor criminal cases, appeals from Justice of the Peace and municipal courts and lawsuits below $100,000. Court at Law judges have the power to sentence law breakers to county jail up to two years.

With this kind of authority comes a responsibility to respect and obey the law. On that test Judge Rippel appears to have failed miserably. His ethics forms reflect a man whose ethics are trumped by his ambition -- a judge who either doesn't care what the law, as it pertains to him, requires.

Once again, as in the case of Doug Reeves, the ethic filings indicate either a profound inability to understand the law or a contempt of that same law which governs us all.

Bill

The Wylie News has an item about Congressman Ralph Hall joining the Tea Party Caucus in the US House of Representatives.

It is an interesting strategic move by the soon to be 16 term Congressman. Often derided by GOP purists as an (un)reformed Democrat, the 86 year old Hall this year faced 4 primary opponents, 3 of them who loudly touted their affiliation with the Tea Party movement. One, who also was also named Hall, even called himself "Tea" on the ballot.

For Tea Party members who rail against the government establishment and who favor term limits, the inclusion of Hall, the senior member of the House, seems to be a real compromise of principles -- and by a group who defiantly eschew compromise.

The old saw, "Politics makes strange bed-fellows" still holds true in the Texas 4th Congressional District.

Bill

Editorial: Tollway agency works to restore confidence

Friday, July 23, 2010
The Dallas Morning News Editorial Board

The North Texas Tollway Authority made the right decision by ignoring high-dollar bait dangled its way to choose a Collin County route for a future stretch of the Dallas North Tollway.

Property owners near the new roadway will make a bundle after it's built, and the city of Celina wanted the super-heated development inside its boundaries. No problem with that. Celina made the novel pledge that NTTA could have the future bounty of the higher property taxes. No problem with creative thinking, except for where it might lead.

Had the NTTA jumped at the money, it might have opened the door to an era of transportation planning by municipal bidding war. Those kinds of cash inducements may be in our future someday as road money dries up, but the rules aren't in place nor the consequences fully thought out yet.

The bigger problem with the proposed Celina route was that it would have further insulted a one-time compact made between Collin and Denton counties to run the future road segment up their common border. The deal was reached in 2005, but Collin County reneged three years later in a snit about dividing toll revenue. Collin County formed its own, rival tollway authority and vowed not to let money get away.

The decisive 7-1 vote by NTTA to honor the county-line route is a statement about regionalism. Just as the region's major highways serve a wide swath of commuters and travelers, the benefits should be measured out fairly as well...

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

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The Observer comments:

The Dallas Morning News' Trailblazers Blog has a post, "Tarrant County Judge Glen Whitley was honored as County Leader of the Year by Penton's American City and County magazine. He was presented the distinction at the National Association of Counties annual conference in Reno, Nevada."

The post goes on to say that, "Whitley was praised for building consensus on transportation projects and other North Texas issues in a cover story for the magazine's July 2010 issue."

Trailblazers quotes from the magazine article, "Whitley's ability to bring together diverse groups to resolve issues is the hallmark of his leadership style, sorting out the issues, listening to all points of view, yet insisting, in the end, that a solution must be identified and rallied around".

I don't think that Collin County Judge Keith Self was in the running for an award for regionalism.

That's too bad.

Bill

Last week, the District Judges, the County Auditor and the Purchasing agent presented 10 proposals to lower the fiscal year 2011 budget.

Proposal #3 was:

"Utilize the District Attorney's Office for Legal Advice-In FY2010 our budget line item for legal advice is $800,000. By hiring one or two attorneys in the DA's Office or, better yet, a restructuring of that office would allow the DA's Office to handle everyday legal matters for the county. Savings: $500,000."

Some members of the Commissioners Court noted that the next elected District Attorney would have to agree with the idea before the court could act on it. So The Collin County Observer asked Greg Willis, the Republican nominee and Ralph de la Garza, the Democratic nominee their position.

Specifically we asked both candidates:

"If elected, would you be willing to serve as the County’s attorney in civil matters? Would you support the concept of moving routine county legal business “in house”?"

I am pleased that both candidates replied with thoughtful comments. Below are their complete and unedited responses. (in alphabetical order)

Rafael de la Garza II, Democratic nominee for Collin County Criminal District Attorney --

"Last week, you posed a question "if elected, would you be willing to serve as the County's Attorney in Civil matter"? "Would you support the concept of moving routine legal business in house"?

"To both questions, the answer is Yes.

"We need to keep up with the times and it is now time to have a real Civil Division in the Collin County D.A.'s office to handle Advisory opinions, Tort Claims, "1983" issues, Asset Forfeiture and Bond Forfeiture issues. Collin County D.A.'s office would need at a minimum of two attorneys and one support staff. This could save the County as much as $500k per year. However, from time to time, outside counsel may still be needed to handle complex cases for which we do not have the expertize and areas where we have a conflict."

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

Greg Willis, Republican nominee for Collin County Criminal District Attorney --

"Generally speaking, yes to both questions.

"A couple of reasons come to mind. First, Texas law provides that the DA represent the county in court as well as render advice to county officials upon request. Second, it could potentially save taxpayer money.

"As to the first reason, Texas law requires that “the criminal district attorney of Collin County . . . . [s]hall represent the state in all criminal and civil cases in the courts in the county unless otherwise provided by law.” Tex. Gov’t Code 44.143(a). The law also vests the criminal district attorney with “all the powers, duties, and privileges in Collin County relating to criminal or civil matters involving the county or state that are conferred by law on county and district attorneys in the various counties and districts.” Tex. Gov’t Code 44.143(b). One such duty: “A district or county attorney, on request, shall give to a county or precinct official of his district or county a written opinion or written advice relating to the official duties of that official.” Tex. Gov’t Code 41.007.

"Texas law also sets out instances where the DA is to represent county officials and employees if they get sued by an entity other than the county. Tex. Local Gov’t Code 157.901(a) provides that any county official or employee sued for an action arising from the performance of a public duty is entitled to be represented by the district attorney or county attorney. Naturally, if an official or employee who is eligible to be provided legal counsel under Subsection (a) is accused of an act that may form the basis of a criminal charge against the official or employee, then under 157.901(b) that official or employee would be entitled to have the commissioners court employ and pay for private counsel and the District Attorney's office would not be representing such individual.

"As to the second reason, the concept is attractive. But because I’m not currently privy to all the matters for which the commissioners have hired outside counsel, I’m not in a position to guarantee any savings. The commissioners, as stewards of our taxpayer dollars, need top-flight legal advice. Sound advice, well-heeded, should save substantial taxpayer dollars over the long haul. To render timely and wise advice to any county official, I believe we would need to hire bright, experienced lawyers well-versed in governmental civil matters. So I’m hopeful we could realize savings for the taxpayer but I can’t be sure until I know exactly what matters the county has before it."

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Bill

It's a truism that running for office is expensive and getting more expensive every year. Sure media and printing costs cost more money, and postage costs seem to increase every time you send out mail. But the real issue behind the inflation in campaigns are two fold.

One more folks are willing to spend more and more of their own money to get elected. Unless we are willing to concede public office only to those who can afford it, then other candidates must try to raise ever increasing sums to keep up.

Also as campaigns and the issues become more polarized, they attract out of town money. It's not unusual for a candidate in Collin County to run a campaign costing thousands of dollars, most of which was raised out of county. But on the whole local campaigns are still affordable to anyone with a political base who is willing to raise the needed funds.

For example, in the hotly contested primary battle for County Commissioner in Precinct 2, the winner Cheryl Williams spent about $67,000 while Jerry Hoagland spent $76,000. The difference is that Hoagland's campaign was financed by contributions, while Williams' campaign still owes her the $50,000 she loaned the campaign.

The County Judge's primary race cost challenger John Muns over $204,000 of which $80,000 was in loans to himself, while Keith Self spent $114,000 -- all donated.

These numbers, as large as they may seem to a potential candidate, are dwarfed in the race for State Legislature. Seats on the legislature have become very, very expensive.

The press has written much about Van Taylor and his $1.04 million primary race. Very little of that million was raised in-district. $950,000 of it was his own money, and much of the rest was from out of town donors. Mabrie Jackson too, lent herself $80,000 out of the $362,000 she spent trying to defeat Mr. Taylor's money.

While the District 66 Million Dollar Race has garnered the most media attention, it is the other legislative races that have brought in the big, outside dollars.

Unopposed Legislators

What other legislative races? The unopposed ones.

The war chests of our incumbant legislators are both bloated and stunning in their scope. It is ironic that thee legislators, whose pay is a measly $7,200 a year can amass campaign dollars in the hundreds of thousands, even though they are unopposed in both the primary and general elections.

A look at their campaign finance reports over time proves the fact that these large sums were not raised by loyal in-district constituents. On the contrary, these huge campaign war chests represent the donations from PACs, special interest lobby groups and rich out of town contributors.

Rep. Ken Paxton owns the largest campaign war chest -- over $679,000. Over the last six months, he has added over $35,000 to his campaign, including a $4,000 gift from the AT&T PAC, $1,000 from an Irving, Tx contributor, $5,000 from a Richardson real estate broker, $1,000 from the Tenet Healthcare PAC, $1,000 from the Texas Petroleum Marketers and Convenience Store PAC, $3,000 from Unity Resources, and $5,000 and $1,000 from in-district constituents.

During the first half of the year, he raised over $122,000. The big contributors were once again mostly out of towners and Corporate PACs.

Rep. Paxton is certainly not the only state representative to rely on outside interests to fund his campaign account. Without exception, all the large war chests I examined were funded in a similar manner.

These state legislators campaign war chests even dwarf all but one local Congressional accounts. Federal records show that while Rep. Sam Johnson (who is unopposed) has amassed over $600,000 in campaign dollars, Ralph Hall (who did face primary opposition) has less than $25,000 on hand. Sen. John Cornyn has only about $18,000 on hand.

Some critics of Texas' system for campaign contributions argue that our system, in effect, offers up seats in the Legislature to the highest bidder. If so, our Collin County Reps should feel secure in knowing that thanks to their friendly PACs, they have the means to out bid all but the most determined millionaire candidate.

Bill

The Collin County Observer believes that informed voters can be empowered to make better choices at the polls.

Federal and state laws require that all candidates file periodic reports detailing their campaign contributors and expenses. However it is nearly impossible for the average voter to navigate the myriad of regulations so that they can find and research the candidates' disclosures.

Federal campaign finance reports are filed with the Federal Elections Commission. The reports filed by congressional, senate and presidential candidates can be found here.

State reports are filed with the Texas Ethics Commission. State filers include candidates for Governor, Executive statewide offices, State House, State Senate and District Judges. These reports are also posted online and can be found here.

Searching for financial information for local candidates can be daunting. Most jurisdictions do not post campaign finance reports online. Citizens must take the time and expense to request the reports from city secretaries, school districts, and other taxing entities. Unfortunately, other than for county offices, it is beyond the resources of The Observer to try to post all these local filings.

Candidates and officeholders for Collin County offices are also local filers. They file with the Collin County Elections Department. While the county has told me they have plans to post these reports, as of now, they are still held in filing cabinets at the Elections Department.

The Collin County Observer has once again filed an Open Records request for all campaign finance reports due to the county. We have posted all county and state July, 2010 Semi-Annual Reports here. It is our hope that our readers will avail themselves of the opportunity to research these reports and learn more about the candidates who seek their support.

Bill

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

NOTES:

2010 Local County and selected State campaign finance reports.

This year Collin County, like almost all governments in the country, is facing a budget shortfall caused by declining property values and reduced income from interest, fines and other sources.

However, most agree that our county is far better off financially than most other cities, schools and counties. For one thing, property values have not fallen that much here - in fact due to reduced valuations, the typical Collin County homeowner will only see a $5.03 reduction in next year's county tax bill.

Also, the county is sitting on a huge financial reserve of over $125 million. These reserves are sufficient to fully fund the county's operations for over 200 days.

The latest figures given by the budget office show a potential shortfall somewhere between $1.2 million and $7.5 million out of an approximate $200 million budget.

Commissioner Jaynes has argued that no such drastic actions need be taken - that careful budgeting and some use of the surplus $125 million will more than insulate the county from a shortfall, while protecting public services.

But some on the Commissioners Court, believe that the county needs a dramatic cut back in expenses - and they would start with employee insurance and other benefits. Judge Keith Self and Commissioner Matt Shaheen have been leading the effort to review all benefits with the goal of reducing the county's future liabilities. (Collin County is self insured.)

Commissioner Jerry Hoagland also wants to look at the employees insurance package. At Monday evening's budget discussion, Referring to spousal and child coverage, Hoagland with his usual tactless style made an issue over the fact that Collin County taxpayers were subsidizing insurance for lots of people who, in his words, "don't even work for the county".

Joe Jaynes dryly remarked that he wasn't about to vote to kill insurance for kids.

(I will note that Mr. Hoagland is not advocating cutting benefits for retirees. Since he is retiring at the end of the year, and since his wife has already retired from county employment, the county's many retirees can rest assured that Jerry will protect their insurance package.)

Another budget item proposed for cutting is the employee "pay for performance" increases. Commissioners Jaynes, Hoagland and Ward want to protect the pay for performance program and allot a minimal (perhaps 1.5%) increase, while Self and Shaheen have indicated they are opposed to any employee raises this year.

A couple of months ago, Judge Self requested that a memo be sent to all departments asking them to not only submit "zero growth" budgets, but to also identify where cuts could be made. Joe Jaynes objected, instead he proposed that the employees themselves be given an opportunity to identify potential savings in expenses.

Both Self and Jaynes sent out their memos.

Monday night, the county's District Judges replied to Commissioner Jaynes request for suggestions. The judges, who to the best of my knowledge have never involved themselves in the county's operational budget (except as it applies to the courts) asked County Auditor Jeff May, and County Purchasing Agent Frank Ybarbo to present their plan to reduce spending by over $15 million next year, without cutting salaries, benefits, positions or services.

The County Auditor and the Purchasing Agent are hired by and report to the Judges and not the Commissioners Court.

Joe Jaynes, in his County Line newsletter lists the saving that the Judges and their staff came up with:

1. "Change the Budget Procedure for Contingencies - As of now we budget $6.6 million for this line item. The recommendation is to budget only $1 million and use our rainy day fund for other contingencies.
   Savings: $5.6 million.

2. Reduce Maintenance Contract Budgets-Our FY2010 adopted budget for maintenance was $5.46 million. However, actual expenditures in FY2009 was $2.9 million and FY2008 was $2.6 million. Our Auditor recommends that we can trim this by $2.2 million and still have a healthy line item to address any maintenance issues.
   Savings: $2.2 million.

3. Utilize the District Attorney's Office for Legal Advice-In FY2010 our budget line item for legal advice is $800,000. By hiring one or two attorneys in the DA's Office or, better yet, a restructuring of that office would allow the DA's Office to handle everyday legal matters for the county.
   Savings: $500,000

4. Reduce Various Miscellaneous Accounts: Examples would be to reduce our consultant expenses, eliminate pamphlets and reduce the temporary worker salary line item. These are areas where, in most years, the funds budgeted are not fully spent.
   Savings: $1.1 million

5. Restructure Capital Replacement Budgeting: In FY2010 the Capital Replacement line item (furniture, etc.) is $625,000; actual expenditures in FY 2009 was $71,000 and FY 2008 was $236,000. We have a new courthouse and, thus, new furniture so this line item can be reduced.
   Savings: $600,000

6. Reallocate Road and Bridge Tax Revenue: Our Road and Bridge fund is generating enough revenue that we can go into FY2011 without allocating any tax revenue to this fund.
   Savings: $3.9 million

7. Reduce Unemployment Insurance Premium line item by 75%--Due to savings from past years in our unemployment insurance fund a reduction in this area will not impact our ability to pay claims.
   Savings: $250,000

8. Combine County Building Maintenance Departments-Each county facility has its own maintenance budget. By combining this into one budget it will bring about more efficiency.
   Savings: $500,000

9. Reduce Cell Phone Budget: FY2010 adopted budget for cell phones is $356,000, FY2009 actual was $158,000 and year to date for FY2010 is $105,000.
   Savings: $200,000

10. County Auditor Budget Reduction: Due to staff reorganization by our County Auditor Jeff May he is able to save taxpayer dollars.
    Savings: $150,000

The County Auditor, Jeff May then issued the following press release:

PRESS RELEASE

For immediate release.

DISTRICT JUDGES, STAFF SOLVE COLLIN COUNTY BUDGET CRISIS

McKINNEY, TX -- With Collin County facing an unprecedented budget shortfall the County is facing difficult decisions on how to balance the upcoming budget. The difficult decisions have been made less difficult by new proposals made by the County Auditor Jeff May and Purchasing Agent Frank Ybarbo during Monday night’s Commissioner's Court budget meeting. May and Ybarbo purposed over $15 million in budget revisions and cuts which would balance the County's budget without having to decrease current level of services or to terminate any employee and preserve the County's current reserve funds.

The Auditor and Purchasing Agent are both appointees of the Collin County Board of District Judges. Mark Rusch, the Local Administrative Judge for the Collin County District Courts stated, "When the judges heard of the potential of a County budget shortfall, we called in both the Auditor and Purchasing Agent and told them we need to do our part to balance the budget, by cutting existing fat and not increasing taxes. We met several times with both employees. We are very excited about what they were proposing. So, we determined these proposals needed to be presented to the Commissioner's Court."

Collin County's projected revenues for fiscal year 2010-2011 purports to result in over a $10 million shortfall. All options are on the table which included the reduction of certain services, the elimination of some county employees, pay reductions and reductions in the County's retirement benefits for current and future employees.

If the Commissioner's Court takes the advice from the County's Auditor and Purchasing Agent, the proposed budget will be balanced without such drastic measures and, in fact, would put the County in a budget surplus.

Auditor Jeff May stated, "With the proposals I am making today, Collin County will have a balanced budget, a status quo on existing County services and will maintain our current reserves. All of this will also help us maintain our bond ratings which is important to the County's fiscal health." The County has maintained a AAA bond rating for years. "The taxpayers of Collin County come out on top," May concluded.

The County will continue informal budget meetings for the next several weeks. The proposed budget should be ready for review in about a month. Final approval of the budget and whether the recommendations of the Auditor will be followed will be decided by the Commissioner's Court in September.
--------------------------------------------------------------------------------

Press and media inquiries should be addressed to Jeff May, County Auditor for Collin County at the address or numbers presented below.

Jeff May
Collin County Auditor
Collin County Administration Building
2300 Bloomdale Road, Suite 3100
McKinney, TX 75071

I'd score this one Self/Shaheen- 0 and Judges/Jaynes - 1

Let the 2011 budget games begin.

Bill

In what could be the local reportorial understatement of the year, The Dallas Morning News' Ed Housewright has noticed that DA John Roach seems to be getting rather unpopular with the local bar....

Bill

Collin DA John Roach, foes ready for his retirement

Saturday, July 10, 2010
By ED HOUSEWRIGHT / The Dallas Morning News

Collin County District Attorney John Roach says he's looking forward to his retirement at year's end.

Some defense attorneys say they are too. They've become increasingly vocal in criticizing Roach as arrogant, autocratic and demeaning of defense attorneys.

"He doesn't seem to shy away from personally attacking anyone who dares to criticize him," said Mitch Nolte, a former chief felony prosecutor under Roach.

He and other attorneys began speaking out because of Roach's yearlong investigation of state District Judge Suzanne Wooten, who was elected in 2008. The inquiry is believed to involve campaign finance issues. Roach defends the investigation but won't comment on its substance.

"It's a witch hunt, and there's no witch," said Sharon Curtis, president of the Collin County Criminal Defense Lawyers Association.

Roach has received both criticism and praise in his eight years as district attorney.

He received the Lone Star Prosecutor Award from the Texas District & County Attorneys Association in 2008. The group honored Roach for "his courage and discretion in prosecuting – or choosing not to prosecute – several cases."

Roach's office has won a number of high-profile convictions. Last year, for instance, Raul Cortez was sentenced to death after being convicted of fatally shooting four people during a 2004 McKinney? home burglary. It was the worst mass murder in Collin County history.

Roach, an Air Force veteran, runs his office in a formal, regimented way. He addresses all his employees by "Mr.," "Ms." or "Mrs." Employees call him "Judge Roach" in recognition of his two decades as a district and appellate judge.

Roach requires male prosecutors to wear a suit or sport coat with a tie. Women can't wear "unreasonably short skirts or dresses or sexually provocative clothing," according to a 40-page office manual.

"I have some pretty set ideas about the way things ought to be," Roach acknowledges.

He has often riled county commissioners who set his office budget.

For instance, commissioners opposed his plan in January to spend $25,000 on high-powered rifles, shotguns, helmets and shields to equip a courthouse security team consisted of his investigators.

The money would have come from an asset forfeiture fund that Roach alone controls.

"It's my money," Roach said at the time. "I can spend it for anything my office requires, in my opinion."

Roach, 64, staunchly defends some policies that defense attorneys attack. For instance, he won't allow some defendants to plead guilty before a judge. Instead, Roach insists on trying the case.

"We're hard-nosed prosecutors," Roach said. "A lot of defense attorneys, not just here, want a DA who will roll over for them."

The repartee between Roach and defense attorneys won't last much longer. He decided not to seek re-election in the spring primary and his last day in office will be Dec. 31. In November, voters will decide his successor: Republican Greg Willis or Democrat Rafael De La Garza.

Roach plans to pursue his hobbies of swimming, scuba diving, skiing and firearm sports.

He won't rule out another run for public office, although he has no job in mind.

"Nobody holding office currently needs to be quaking in their boots," Roach said.

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

Collin County district Clerk Hannah Kunkle issued a press release Friday on the Texas Ranger's raid on her office. Said Ms. Kunkle:

PRESS RELEASE

I have now had an opportunity to review the allegations that prompted a search warrant on the office of the Collin County District Clerk.

When I announced I was retiring and several candidates filed to run for the office of District Clerk, I clearly instructed all of the employees of this office that there was to be no campaigning during work time for any candidate and that County property was not to be used for the benefit of any candidate. If the authorities had come to me with these allegations, I would have cooperated fully and all of us could have avoided the complete shutdown of the Clerk’s office.

I will be conducting an internal investigation of these allegations and will deal with my findings accordingly. I will not be speaking publicly about this matter until the completion of my investigation and the completion of any ongoing criminal investigation.

Until that time, the District Clerk’s office will continue to be open and serve the needs of the citizens of Collin County.

Hannah Kunkle
Collin County District Clerk

Ms. Kunkle would have us believe that the Texas Rangers were interested in a bit of campaign misconduct. Unfortunately, the press seems to also want us to see last week's raid as a response to some on-the-clock electioneering.

I wish that were the case.

The Texas Rangers have better things to do that to question 5 witnesses, develop over 100 pages of evidence, go to an Austin appeals judge for a search warrant, and then seize dozens of county hard drives over a little unethical campaigning.

The real issue with the District Clerk's Office - the issue that drove the investigation forward, and that caused the large-scale raid was that, according to witnesses, the District Clerk's Office had engaged in an organized conspiracy, perhaps for as long as 20 years, to defraud the taxpayers of Collin County.

District Clerk supervisors maintained a double set of books on employee time off. One set, the official one was turned into the county's HR department for payroll processing. The other was a record of illegal time manipulations designed to allow employees additional paid time off that they were not entitled to.

I spoke to a source at the County Auditor's Office Friday and asked him how such a large-scale fraud could go undetected by audits over so many years. He replied that while the Auditor was working to improve the audit process, such an ingrained system of double-bookkeeping would be almost impossible to detect - unless a whistle blower tipped them off to the problem.

But for years, and until this election, no such whistle blower appeared.

Internal emails and documents discovered by the investigators showed District Clerk's supervisors adding dozens of names and time adjustments to the "Blue Book" where extra time off was granted and tracked. Employees routinely asked for entries to be made in the Blue Book. Several emails refer to "bb" time as an alternative to the County's official Paid Time Off (PTO). An example, "Lauri, I clocked in at 9:15 this morning, so I'll use my lunch and PTO or bb time, OK?"

Although Patricia Crigger, as Chief Deputy District Clerk was a major driver of the "Blue Book" entries, virtually every single supervisor made entries into the Blue Book. Emails show almost 1/2 the employees of the department were the beneficiaries of the illegal Blue book time off.

It seems impossible for Hannah Kunkle not to know what was going on.

Now, the county does not keep its personnel policies top secret. All employees and especially supervisors are aware of the policies on PTO. Every employee that took part in this conspiracy must have known it was illegal.

The emails and evidence collected by Ranger Davidson make clear that the culture at the County District Clerk's office was that of dishonesty. Cheating in time sheets was OK. Hiding records and reporting false data was OK. Stealing was OK.

Under Hannah Kunkle, the supervisors and employees were corrupted. They lied, they stole and they believed it was their right to do so. They engaged in an organized conspiracy to cheat the system. Cheating was rewarded with paid time off.

There were no rewards for being honest, and so no one snitched. There existed a culture of dishonesty.

That is the problem that caused the raid.

The citizens of Collin County were cheated by employees of their justice system. The District Clerk's office is an important and vital adjunct to our courts. They not only keep the court's records, they accept filing fees, forward child support payments, and administer over $3 million in several dedicated bank accounts.

Many defendants whose records the District Clerk's Office receives committed crimes of less import than this, by the court personnel themselves.

This scandal will not be cleaned up until every supervisor who made a Blue Book entry is prosecuted, and every employee who accepted Blue book time is fired.

Cleaning house will not be easy. Hannah Kunkle is an elected official.

If Ms. Kunkle and Ms. Crigger are indicted and convicted of misconduct, they would be automatically removed from office. But the criminal process will take some time and meanwhile the perpetrators of the conspiracy could remain in place.

The Commissioners Court can not fire Hannah Kunkle. She can only be removed by a district judge after a jury trial in what is called a Removal Petition hearing. The Commissioners Court or any single commissioner can ask a judge for a Removal Hearing. (In fact, any Collin County citizen can petition the District Court for a Removal Hearing.)

The Commissioners Court can not fire her staff either. As an elected District Clerk, only Ms. Kunkle can fire a member of her staff. The Commissioners can not keep Patricia Crigger from assuming the post of District Clerk next January. What the court can do is to try to use their power of the budget to squeeze the District Clerk. They can refuse to approve expenditures and to approve new hires. (Monday's Commissioners Court agenda has a new hire in the District Clerk's office needing approval. There is also a request by Ms. Kunkle to advertise for another open position. I hope both will be denied.)

The Commissioners Court needs conduct their own internal investigation, and then if warranted, file a petition for the removal of Hannah Kunkle as District Clerk. The Commissioners Court, the County Administrator, the County Auditor and the County HR Department should also begin a thorough investigation of all departments in order to determine if the cancer in the District Clerk's Office is an isolated case or widespread.

Our society is based on the rule of law. Our rule of law is administered by our courts. We must have complete faith that our courts are run by ethical, law abiding public servants. Here in Collin County, we will need to clean our own house, or risk corrupting the very court system we rely on for our justice.

Bill

The Collin County Observer has obtained the sworn affidavit by Texas Ranger A.P Davidson that was used to obtain the search warrant of the Collin County District Clerk's office yesterday. We are also posting the Search Warrant, 110 pages of attachments and the Return. The Return lists 18 pages of items seized in yesterday's raid.

In his sworn statement, Ranger Sergeant Davidson tells of 5 District Clerk employees who came to him with evidence of off-the-books time sheets used to pay District Clerk employees for time spent on Patricia Crigger's campaign.

The Affidavit and its attachments are damning. While I must point out that all these charges are still only allegations and must be proved in a court, the evidence shows that Ranger Davidson and his investigators spent considerable time gathering their facts before asking for a warrant. They present a compelling case.

The affidavit charges that, "On or about the dates of December 28, 2009 and June 1, 2010, in Collin County, Texas, Patricia Wysong CRIGGER, Sherry L. BELL, Rebecca A. LITTRELL, Amy E. MATHIS, Lorrie M. ROBERTSON, Marcia E. SIMPSON, Judy A. BLAZIER, and others did then and there, with intent to establish maintain and participate in a combination and in the profits of a combination, collaborate with each other and conspire to commit the offenses of Tampering with a Governmental Record, and Theft by a Public Servant by agreeing with each other that they would engage in conduct that constituted said offenses, namely, the falsification of official Collin County time and attendance records for employees of the Collin County District Clerk's Office and the maintenance of a separate system of accounting for their own additional program of unauthorized paid leave at Collin County Taxpayer expense..."

"On or about the dates of December 28, 2009 and June 1, 2010, in Collin County, Texas, Patricia Wysong CRIGGER, Sherry L. BELL, Marcia SIMPSON and Sandra K. HILL, public servants, with intent to obtain a benefit, did knowingly and intentionally misuse government property and services, namely, Collin County computers, printers, and copiers that had come into their custody and possession by virtue of their employment as public servants...."

Hannah Kunkle	Patricia Wysong Crigger

Ranger Davidson interviewed and took testimony from 5 District Clerk employees who charged that they were either pressured into working for the Crigger campaign or told they would be rewarded with "Blue Book" time for any PTO (paid personal time off) taken to campaign.

"Blue Book" time was paid time off that was not authorized by county policies, but instead kept by the supervisors on Excel spreadsheets, and later in binders. One informer told Davidson that the "Blue Books" began in the early 1990's after Hannah Kunkle was elected as District Clerk. When "Blue Book" time was taken by an employee, their supervisor would falsify county records to show that the employee was at work. Employees were reminded to leave their "Access Cards" with their supervisors when taking "Blue Book" time off, so that the supervisor could clock them in as 'present'.

One informant told Davidson that Kunkle had always authorized employees to receive "Blue Book" holidays off, including such holidays as, "Spring Day", "Summer Day", "Fall Day", "Winter Day", "Christmas Shopping Day", "Birthday Day", and two extra Holiday days to be used to extend three-day holiday weekends into four-day weekends.

The affidavit makes accusations against 6 ranking employees of using the "Blue Book" to reimburse employees time taken off for campaigning and/or for campaigning on County time and with County computers and printers. They are:

• Hannah Kunkle, the elected District Clerk
• Patricia Wysong Crigger, Chief Deputy District Clerk (and Republican Party nominee for District Clerk)
• Rebecca Littrell, Senior Administrator
• Sherry Bell, Civil/Family Manager
• Amy Mathis, Deputy District Clerk
• Lorrie Robertson, Civil/Family Supervisor
• Marcia Simpson, Deputy Minutes Clerk
• Judy Blazier, Criminal Supervisor

Davidson charges that at least 29 employees (out of 63 in the District Clerk's Office) received "Blue Book" time off during the Crigger Campaign. In the 24 page Affidavit, Davidson lists several examples of employees being reported as present, but not having logged into their computers and of having 'out-of-office' messages on their phones.

The Ranger's raid on the court house resulted in 68 items being seized, including computer hard drives, removable storage drives, calendars, binders, and 2 employee Access Cards.

The charges as laid out by the Texas Rangers show a District Clerk's office that encouraged and pressured employees to use their legitimately earned leave to campaign for Ms. Crigger, and then re-paid them with illegal "Blue Book" time. It describes an operation where the "Blue Books" effectively corrupted a large percentage of the employees, encouraging them to lie, steal and cheat the County's taxpayers.

The affidavit details an environment where a County Department became, in effect, a campaign office for Patricia Crigger, and where effective controls by independent auditors and management were non-existent.

In the weeks and month ahead, much will be written and talked about on how a Collin County operation could, for decades, flaunt County policies and steal payroll time. But first, Law Enforcement will have to step in where the lack of effective controls and personal integrity failed the citizens of our county.

Bill

Links to relevant documents:

Affidavit for Search Warrant, signed by Texas Ranger Sergeant A.P. Davidson, June 1, 2010

Exhibits attached to Affidavit (Warning, large file!)

Search Warrant for the Collin County District Clerk's Office, signed by Judge Michael E. Keasler of the Texas Court of Criminal Appeals, dated June 1, 2010

Return and Inventory of items seized during the search, signed by Texas Ranger A.P. Davidson and dated June 3, 2010

Doug Reeves, who placed 2nd in the March GOP Primary race for Precinct 3 Justice of the Peace pleaded guilty this morning to charges of failure to file a complete and timely campaign finance report - a class C misdemeanor.

Reeves' plea came just a few minutes before he was to face trial in Judge Terry Douglas' JP Precinct 2 court in Farmersville. Reeves was sentenced to a $200 fine with 180 days deferred adjudication.

Mr. Reeves was acting as his own attorney, and had demanded a jury trial. He then subpoenaed several former candidates and elected officials, including Judge Mike Yarbrough as witnesses. After Judge Douglas refused to grant Reeves a continuance, Reeves then filed a motion to quash the complaint. Judge Douglas denied the motion to quash.

Just before the trial was to begin, Reeves accepted Assistant District Attorney Lauren Shapiro's offer of a plea bargain that included the deferred adjudication. For Collin County taxpayers, it was a very expensive Class C misdemeanor trial.

Doug Reeves is a well known Republican Party and Tea Party activist. In 2008 he ran 3rd in the primary race for County Commissioner, behind incumbent Phyllis Cole and the eventual winner, Matt Shaheen. In this year's primary, Reeves placed 2nd, knocking out Kelley Adley. However, Mr. Reeves withdrew from the run-off race after allegations of campaign finance violations, notary public violations and possible fraud in soliciting money for his charity, My Brother's Helper were published in The Collin County Observer.

Mr. Reeves still faces action by the Texas Ethics Commission for late and incomplete filings of campaign finance reports. He also is under investigation by the Texas Secretary of State for illegally notarizing his own signature on a finance report.

Bill

Only 4.2% of voters countywide turned out for the local city, school board and Collin College Trustee election held yesterday.

State Representative, District 66
Mabrie Jackson 1,353 (56.33%)
Van Taylor 1,049 (43.67%)
This election is meaningless. Mabrie Jackson has withdrawn from the race for the unexpired term of Brian McCall, and Van Taylor has already been sworn in. Interestingly though, Plano voters in a general election chose Mabrie (even though she had disqualified herself), while a much larger number of Republican Primary voters chose Taylor in the primary run-off.

Trustee, Place 1 - Collin College Board of Trustees
Nancy Wurzman 5,439 (53.64%)
David Hammel 4,701 (46.36%)
Plano attorney Nancy Wurzman upset incumbant trustee on Collin College Board. I can't remember the last time, if there ever was a last time that an incumbant on the college board of trustees was defeated.

Trustee, Place 3 - Collin College Board of Trustees
Larry Wainwright 5,911 (63.92%)
Earnest R. Burke 3,337 (36.08%)
This was an open seat.

City of Allen - City Councilmember, Place 4
Ron Alexander 291 (30.28%)
Robin L. Sedlacek 670 (69.72%)
Both incumbent council members handily win re-election.

City of Allen - City Councilmember, Place 6
Kevin Livesey 236 (26.37%)
Jeff McGregor 659 (73.63%)

Allen ISD - Trustee, Place 5
Paul Sundar-Singh 237 (26.19%)
Gary Stocker 668 (73.81%)

Anna ISD - Trustee, Place 3
Brent Hendricks 140 (62.22%)
Becky Woodard 85 (37.78%)

City of Anna - City Council, Place 6
Joe Osborn 63 (42.00%)
Becky Glover 87 (58.00%)

City of Celina - Councilman, Place 5
Brooke Kincannon 45 (32.37%)
Bill Webber 94 (67.63%)

City of Celina - Proposition 1
$2,475,000 for Fire Safety Facilities bonds
For 112 (61.54%)
Against 70 (38.46%)

City of Celina - Proposition 2
$685,000 for Public Safety Information Technology and Communications Equipment bonds.
For 105 (58.33%)
Against 75 (41.67%)

City of Celina - Proposition 3
$3,100,000 for Drainage Improvement bonds.
For 117 (64.29%)
Against 65 (35.71%)

City of Celina - Proposition 4
$2,000,000 for Street Improvement bonds.
For 126 (69.23%)
Against (en Contra) 56 (30.77)%

City of Celina - Proposition 5
$1,375,000 for Parks and Recreation Facilities bonds.
For 98 (53.26%)
Against 86 (46.74%)

City of Celina - Proposition 6
$1,375,000 for Parks and Recreation Facilities bonds.
For 107 (59.78%)
Against 72 (40.22%)

City of Frisco - City Council, Place 2
Matthew Herrera 345 (10.58%)
Tony Walsh 456 (13.99%)
Jeff Cheney 2,459 (75.43%)
Incumbent Chaney easily wins re-election.

City of Frisco - City Council, Place 2
John Keating 1,307 (39.06%)
David L. Prince 710 (21.22%)
Jim Joyner 1,329 (39.72%)
In a stunning upset, incumbent David Prince gets only 20% of the vote, setting up a run-off between Jim Joiner and John Keating

City of Frisco - Proposition 1
Shall the City Charter be amended throughout to correct non-substantive errors...
YES 2,935 (91.23%)
NO 282 (8.77%)
It is gratifying to see that less than 10% of Frisco voters do not want to correct spelling errors in their charter.

City of Frisco - Proposition 2
Shall the Charter be amended to conform to the provisions and/or requirements of state and/or federal law?
YES 2,853 (90.14%)
NO 312 (9.86%)

City of Frisco - Proposition 3
Shall the Charter be amended to provide for clarification on the election of the places held by Council Members and Mayor; (Term Limits)
YES 2,215 (69.37%)
NO 978 (30.63%)

City of Frisco - Proposition 4
Shall the Charter be amended to provide that the City Manager rather than the City Council shall appoint or remove the City Secretary?
YES 1,772 (56.78%)
NO 1,349 (43.22%)

City of Frisco - Proposition 5
Shall the Charter be amended to provide that the City Council may, in its sole discretion, determine to hold only one (1) regular monthly meeting two (2) months out of the calendar year?
YES 2,135 (68.69%)
NO 973 (31.31%)

City of Frisco - Proposition 6
Shall the Charter be amended to clarify that if a certain percentage of affirmative votes to pass a measure to be approved by City Council is required, the number of affirmative votes must be measured against the entire qualified City Council, not just the number present and voting?
YES 2,729 (87.75%)
NO 381 (12.25%)

City of Frisco - Proposition 7
Shall the Charter be amended to require that the Personnel rules prepared by the City Manager and presented to the City Council for adoption shall include a procedure for the giving and receiving of gifts by City employees?
YES 2,734 (87.07%)
NO 406 (12.93%)

City of Frisco - Proposition 8
Shall the Charter be amended to provide that the candidates for elective City office shall be at least eighteen (18) years of age at the time of the election for which they are filing; and the required residency minimum for elective office be clarified to be for at least one (1) year immediately preceding the filing date?
YES 2,950 (93.03%)
NO 221 (6.97%)

City of Frisco - Proposition 9
Shall the Charter be amended to clarify petition signature requirements by qualified voters, designating the percentage of required signatures be at least thirty (30) percent of the number of votes cast at the last regular mayoral election (Recall petitions)
YES 2,483 (81.60%)
NO 560 (18.40%)

City of Frisco - Proposition 10
Shall the Charter be amended to clarify the establishment, qualifications and structure of the Planning and Zoning Commission?
YES 2,535 (85.21%)
NO 440 (14.79%)

City of Frisco - Proposition 11
Shall Section 9.06 (Sale of Liquor Prohibited in Residential District) be added to the Charter to provide that the sale of liquor by a person holding a package store permit, as described by the Texas Alcoholic Beverage Code, is prohibited in any zoning district which allows, in whole or in part, residential development?
YES 2,177 (69.29%)
NO 965 (30.71%)

City of Frisco - Proposition 12
Shall Section 13.04 (Officers and Employees) be deleted from the Charter to remove an unnecessary transitional provision from the original adoption of the Charter which pertained to officers and employees who existed at the time of the original adoption of the Charter?
YES 2,524 (86.68%)
NO 388 (13.32%)

City of Frisco - Proposition 13
Shall the Charter be amended to clarify that City employees are prohibited from contributing to, making, soliciting or receiving contributions for and participating in any campaign activities of a Council Member or Mayoral candidate rather than any other candidate for office?
YES 2,559 (83.68%)
NO 499 (16.32%)

City of Frisco - Proposition 14
Shall the Charter be amended to provide for revised prohibitions, requirements, and procedures related to the acceptance of gifts by City Officials?
YES 2,657 (86.94%)
NO 399 (13.06%)

Lovejoy ISD - Trustee, Position 2 2
Steve Duke 279 (23.64%)
Ann Casey 901 (76.36%)

Lovejoy ISD - Trustee, Position 3
Mike Guilbeau 914 76.81%
Larry Essary 217 18.24%
Daris A. Nevil 59 4.96%

City of Lowery Crossing - 3 City Councilmembers
Dan Arney 34 (13.33%)
Willard Bailey 45 (17.65%)
Rusty Robinson 40 (15.69%)
Elizabeth Christian 42 (16.47%)
Jeremy Sexton 34 (13.33%)
Paul Wood 60 (23.53%)

City of McKinney - Proposition 1
$12.5 million general obligation bonds for park and recreational facilities
For 1761 (71.94%)
Against 687 (28.06%)

City of McKinney - Proposition 2
$11.35 million general obligation bonds for public safety facilities
For 1817 (75.39%)
Against 593 (24.61%)

City of McKinney - Proposition 3
$15.5 million general obligation bonds for acquiring, constructing and improving streets and associated drainage improvements
For 1951 (80.32%)
Against 478 (19.68%)

City of McKinney - Proposition 4
$5 million general obligation bonds for public works facilities
For 1740 (72.74%)
Against 652 (27.26%)

City of McKinney - Proposition 5
$4 million general obligation bonds for construction and improvement to flood control facilities
For 1729 (72.92%)
Against 642 (27.08%)

City of McKinney - Proposition 6
$3 million general obligation bonds for connectivity and improvements of municipal parking facilities in the Historic Downtown area.
For 1604 (66.45%)
Against 810 (33.55%)

McKinney ISD - Board of Trustees, Place 3
Kathi Livezey 297 (82.73%)
Victor Manuel 62 (17.27%)
This is Mr. Manuel's 2nd run for the Board of Trustees. He's been trounced badly both times.

McKinney ISD - Board of Trustees, Place 3
Curtis R. Rippee 921 (45.10%)
Cindy Evans 729 (35.70%)
Bobby Amick 392 (19.20%)

City of Melissa - City Councilmember, Place 1
Shannon Andre Mott 159 (40.66%)
Kim Youngblood 232 (59.34%)
Melissa had over a 17% voter turnout - over 4 times the county average.

City of Melissa - City Councilmember, Place 5
Dan Trott 188 (47.84%)
Brent Brown 144 (36.64%)
Micki Jobson 61 (15.52%)

City of Murphy - City Councilmember, Place 6
Dave Brandon 246 (53.83%)
Gus Delaloye 211 (46.17%)

Plano ISD - Board of Trustees, Place 1
Bart Ridley 1,,926 (36.32%)
Tammy Richards 2,929 (55.23%)
Robert Canright 448 (8.45%)
This seat is currently held by Duncan Webb, who was elected to the County Commissioners court.

Plano ISD - Board of Trustees, Place 2
Raj Menon 1,953 (35.94%)
Paul P. Kaminsky 1,181 (21.73%)
Carrolyn Moebius 2,300 (42.33%)
Incumbent Mary Beth King chose not to seek re-election.

Plano ISD - Board of Trustees, Place 3
Bret Cullers 2,292 (41.54%)
Nancy Humphrey 3,225 (58.46%)
John Muns did not to seek re-election. He ran unsuccessfully against County Judge Keith Self in the March GOP primary.

Princeton ISD - Board of Trustees (2)
Brent Williams 108 (27.20%)
Ricky Gillespie 154 (38.79%)
Carol Bodwell 135 (34.01%)

Prosper ISD - Board of Trustees, Place 1
Mark McGuire 472 (57.42%)
Steven Benavides 350 (42.58%)

Town of Prosper - Mayor
Ray Smith 602 (79.63%)
John Washburn 154 (20.37%)

Town of Prosper - Councilmember, Place 1
Dave Benefield 406 (58.08%)
Woody Adams 293 (41.92%)

Town of Prosper - Councilmember, Place 4
Meigs Miller 598 (81.69%)
Athena Bivens 134 (18.31%)

Town of Prosper - Councilmember, Place 6
Jason Dixon 465 (65.13%)
Trent Lewis 249 (34.87%)

Wylie ISD - Board of Trustees, Place 5
Lacey LaPointe 114 (14.06%)
Heather Leggett 567 (69.91%)
Art Borgemenke 130 (16.03%)
After voters turned down the greater part of 3 bond issues in a row, two members of the school board chose not to seek re-election. Nevertheless, Wylie voters stayed home. Turnout was only 3.3% - less than the county average.

Wylie ISD - Board of Trustees, Place 6
Joe Stooksberry 564 (68.03%)
Tanisha M. Owens 265 (31.97%)

Wylie ISD - Board of Trustees, Place 7
Stacie Gooch 613 (76.91%)
Curt Marcantel 184 (23.09%)

City of Wylie - City Councilmember, Place 1
Gilbert Tamez, Sr. 263 (42.97%)
David Goss 349 (57.03%)
This was Tamez's second run at city council. Incumbent Davis Goss easily wins re-election.

Bill

UPDATE May 9

Below are some election results for cities and districts who conducted their own elections or whose elections were run by Dallas County. These results are not posted by the Collin County elections department because the county does not contract to conduct the election. I will continue to add to this list as I get final results.

Blue Ridge, Mayor
Phillip Pulliam 83% 81
Jim Bowling 17% 17

Blue Ridge, City Council, 2 positions
Wendy Shindler 28% 45
Bryan Burke 27% 43
Bill Pope 25% 39
Kenneth Beale 20% 32

Blue Ridge ISD, Bond proposition
For 71% 219
Against 29% 88

Blue Ridge ISD, Trustee, Place 7
Joe Harvey 59% 164
Kim Yancey 36% 100
Keiffer Harwell, Jr. 5% 13

Community ISD, Trustee, Place 4
Michael Walls 84% 117
Doug Farrish 16% 22

Community ISD, Trustee, Place 5
Tammy Walker 64% 114
Marc Stanfield 36% 64

City of Farmersville, Mayor
Joe Helmberger 70% 309
Diane Piwko 30% 132

City of Farmersville, City Council, Place 2
Paul Kelly 64% 265
Lee Warren 36% 147

City of Farmersville, City Council, Place 4
Jim Foy 66% 287
Kevin Green 34% 145

Farmersville ISD, 2 Trustees
Tommy Monk 25% 266
Jim Hemby 24% 259
Pete Vamvakas III 16% 165
Curtis Stanley II 15% 155
Darren Brooks 11% 112
Stanley Phifer 9% 92

Town of Josephine, Mayor
Mike Holmes 64% 122
Drew Binkley 36% 68

Town of Josephine, Alderman, Place 3
Lynn Gilbreath 51% 96
Doug Ewing 17% 32
Amanda Binkley 17% 31
Lee Roy Phillips 15% 28

Town of Josephine, Alderman, Place 5
Larry Aaron 50% 89
Bill Miller 20% 35
Billy Petty 18% 31
William Crosetti 12% 21

City of Lavon, City Council, Place 1
Chris Kane 70% 71
David Hawkins 30% 30

City of Lavon, City Council, Place 5
Charles Teske, Jr. 82% 80
John Horton 18% 18

City of Lucas, City Council, Seat 4
Philip Lawrence 49% 566
Wayne Millsap 48% 545
Sean McCaffity 3% 29
In a very close race, incumbent Wayne Millsap is forced into second place in a run-off by Philip Lawrence. The voters also re-elected two incumbents but defeated two tax propositions.

City of Lucas, City Council, Seat 5
Debbie Fisher 56% 651
Bryan Bellows 44% 514

City of Lucas, City Council, Seat 6
Kathleen Peele 56% 650
Scott Christiansen 44% 511

City of Lucas, Proposition 1
Business Enterprises Tax
For 41% 451
Against 59% 656

City of Lucas, Proposition 2
Projects and Tourism Tax
For 47% 477
Against 53% 547

City of Nevada, Mayor
Joe Poovey 62% 32
Johnny Stevenson 38% 20

Richardson ISD, Trustee, Place 3
Kris Oliver 70% 3,778
William Gordon 12% 629
Darryl Smyers 11% 572
Elaine Johnson 7% 360

Richardson ISD, Trustee, Place 4
Lanet Greenshaw 82% 4,108
Jennifer Hague 18% 928

Richardson ISD, Trustee, Place 5
Karen Holburn 89% 4,738
Raj Chari 11% 611

City of Richardson, Proposition 1
$24,710,000 Street Improvement bonds
For 64% 4,486
Against 36% 2,503

City of Richardson, Proposition 2
$22,645,000 Park and Recreation Facilities bonds
For 57% 4,010
Against 43% 2,987

City of Richardson, Proposition 3
$10,495,000 Municipal public buildings bonds
For 56% 3,910
Against 44% 3,075

City of Richardson, Proposition 4
$8,150,000 Neighborhood vitality improvement bonds
For 58% 4,053
Against 42% 2,949

Royce City, City Council, Place 4
Brooks Williams 63% 167
Jim McLeroy 37% 100

City of Sachse, City Council, Place 5
Patsy McMillan 52% 180
Pat Covington 48% 168

Bill

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

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....

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

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....

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

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....

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

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

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

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

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%)

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

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

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

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

From a City of McKinney press release:

City of McKinney Press Release
For Immediate Release

Bond election held in McKinney
Six propositions on ballot worth $51.35 million

McKINNEY, TEXAS (March 29, 2010) – On May 8, McKinney residents will vote to make decisions about the future growth of the city. A bond election will be held with a ballot including projects totaling $51.35 million centered on land acquisition, parks and recreation, public safety and streets improvements.

“McKinney’s bond election will have a huge impact on the next steps in the growth of our community. This year, we don’t have an election for representatives of our citizens, but the bond election is just as important. It is vital to the future of McKinney? that every resident vote and let city leadership know their decisions for the future direction of our fast-growing community,” said Mayor Brian Loughmiller.

The following propositions appear on the bond election, with voters deciding whether or not the McKinney City Council is authorized to issue general obligation bonds for these projects.

• $12.5 million for park and recreational facilities, including land acquisition, construction, improvements and expansion
• $11.35 million for public safety facilities, including land acquisition, construction and improvements
• $15.5 million acquiring, constructing and improving streets and associated drainage improvements within the city, including sidewalks and railroad crossings, traffic control and signalization devices, street lighting, public streetscaping and landscaping improvements, curb and gutter replacements and related improvements
• $5 million for public works facilities improvements, construction and land acquisition
• $4 million for construction and improvement to flood control facilities including creeks, dams and lakes
• $3 million for connectivity and improvements of municipal parking facilities in the Historic Downtown area

Early voting is available for McKinney voters starting Monday, April 26. For a complete list of times, dates and locations, visit www.mckinneytexas.org.

Election Day Polling Locations: Saturday, May 8 from 7 a.m. to 7 p.m.

McKinney City Hall
222 North Tennessee Street
Precincts (Distritos) 2, 3, 4, 9, 45, 96, 98, 100, 114, 128, 160, 161, 179

Valley Creek Elementary School
2800 Valley Creek Trail
Precincts 97, 102, 129, 156

Scoggins Middle School
7070 Stacy Road
Precincts 38, 126, 169

Burks Elementary School
1801 Hill Street
Precincts 1, 44, 57, 99

Collin College Central Park Campus
2200 West University Drive
Precincts 13, 16, 20, 43, 150

Dowell Middle School
301 East Ridge Road
Precincts 12, 122, 131, 140, 149, 155, 173

Fire Station #7
861 Independence Parkway
Precinct 163

###

Yikes! Another special election?

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

Plano legislator McCall is lone finalist for Texas State University chancellor job

Monday, March 29, 2010
By THEODORE KIM / The Dallas Morning News

State Rep. Brian McCall, who has been Plano's face in the Texas House of Representatives for nearly two decades, plans to resign to become chancellor of the Texas State University system.

The Board of Regents on Monday named the 51-year-old Republican legislator as its sole finalist for the job. Law requires the institution to post McCall's name for three weeks before taking final action.

Board of Regents Chairman Ron Blatchley said the system is "honored by Dr. McCall's interest in leading the Texas State University System as it enters its centennial year."

McCall said, "My interest in higher education has been long standing."

He said he decided in November not to seek re-election to his District 66 seat, which includes most of western Plano, so that he could pursue the Texas State chancellorship. His resignation could compel Gov. Rick Perry to call a special election to fill the remaining term, which concludes in January.

McCall said he plans to meet with Perry today to discuss election options. Republicans Mabrie Jackson and Van Taylor are in a runoff for the House 66 seat.

McCall, who was once a candidate to be House speaker and is chairman of the powerful Calendars Committee, said he plans to move to Austin soon for his new job.

He called his legislative tenure, which began in 1991, a "humbling experience."

"I showed up every day, I voted when I had to, I returned every phone call, I read every piece of mail," he said. "I served in the House without a hint of scandal. I'm grateful to have had the opportunity to serve my home."

He stands poised to take over a system of nearly 70,000 students and seven institutions, including Texas State University at San Marcos and Sam Houston State University.

McCall received a bachelor's degree from Baylor University, a master's from Southern Methodist University and a doctorate from the University of Texas at Dallas.

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

For many election day watchers, one of the more interesting contests turned out to be the County Commissioners, Precinct 2 race.

Challenger and former Plano City Councilwoman Cheryl Williams out-polled 29 yr incumbent Jerry Hoagland by 9 percentage points. However, her 45.8% was not enough to avoid a run-off with Commissioner Hoagland.

The Collin County Observer visited with both Cheryl Williams and Jerry Hoagland this weekend. Both graciously allowed me into their home to record a series of interviews. I hope you find them interesting and helpful.

In the first segment, we talk about roads and mobility:

Bill

In light turnout, long time community volunteer André Davidson defeated Cathy Fang in a run-off for Plano City Council, Place 3.

In both the early voting and on election day, less than 5,000 voters cast ballots in this run-off to fill the seat made vacant when Mabrie Jackson resigned to run for the Texas Legislature in District 66.

The results were:

Cathy Fang 2,147 (43.97%)
Andre Davidson 2,736 (56.03%)

Turnout was 3.4%

Davidson was supported by a wide spectrum of the community and its leaders. Fang, who portrayed herself as an outside, independent voice, failed to capitalize on her "cut costs" conservative message.

Today's victory by Davidson will be seen as a set back for the Tea Party movement. While no Tea Party organizations formally backed Ms. Fang, she did get considerable support from many in their leadership.

Bill

Andre Davidson takes an early lead.

Early vote totals only:

Cathy Fang 1,492 42.30%
Andre Davidson 2,035 57.70%

2.5% of Plano's registered voters cast early voting ballots in the run-off. This has been an election marked by very low turnout, both in early voting and on election day.

Bill

Today is election day in the run-off for the vacant Plano City Council, place 3 seat.

The run-off between André Davidson and Kathy Fang has so far gained considerable attention, but a low voter turnout in early voting.

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.

Polling locations:

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

Bill

Editorial: We recommend Mabrie Jackson in House runoff

Wednesday, March 24, 2010
The Dallas Morning News Editorial Board

The Republican runoff campaign for the Texas House from West Plano has been a contest over who has the more legitimate claim to the term conservative.

Both Mabrie Jackson and Van Taylor have signed the nationally known "taxpayer protection pledge" against new taxes and posted it on their Web sites. (Taylor touts the fact that he signed his first, on Nov. 19, as his first act as a candidate.)

As for guiding principles, Jackson, 45, vows to "keep the government out of my pocketbook and out of my house" if elected from the House District 66.

Taylor, 37, maintains that he is the sole "really, truly, deeply convicted conservative" of the two and that his "singular goal" would be that kind of representation.

If conservative-minded Republicans need a tiebreaker between the two for the April 13 runoff, it won't be a weak résumé for either. Taylor, for example, is an Iraq war veteran with a career in real estate finance and banking.

What voters won't find among Taylor's credentials are two important things Jackson can claim: deep roots in Plano and a long record of public service to the community, both as an officeholder and civic leader. With a record as a former Plano City Council member, Jackson was the top vote-getter at the ballot box March 2, with 41 percent of the primary tally, compared with 33 percent for Taylor. (Candidate Wayne Richard ran third.)

Another tiebreaker is Jackson's solutions-oriented approach to governing and the priorities she has set, including economic development, public education and keeping up with growth through forward-looking transportation and water policies. The state also must do better fighting child abuse, she says.

Jackson, formerly in marketing for EDS and a manager for Microsoft, has lived in Plano since grade school in 1970. Taylor moved to the district after losing a race for Congress from Central Texas in 2006.

One recent comment by Taylor might give voters yet another tiebreaker: He told this newspaper that he would "starve state government."

That's a handy catchphrase, but it says nothing constructive about how to educate children, pave roads or boost the business climate.

The winner of the runoff has no Democratic opponent in November.

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

Last week, The Republican Men's Club held a candidate forum between the run-off candidates for Texas House, District 66.

Both Mabrie Jackson and Van Taylor fielded questions posed to them by conservative radio personality Jeff Bolton.

I was disappointed in that the questions asked had little to do with the very real issues that will face the next legislature. Instead, the questions were more of a sounding board for Mr. Bolton to expound on the difference between conservatives vs real conservatives. The candidates responded predictably -- both touted their conservative values; neither offered very many specifics.

No questions were asked on exactly how to fund education, how to wean the DPS and education from any reallocation of gas taxes to roads, how to fund highway construction, etc.

Both Ms. Jackson and Mr. Taylor verbally agreed to sit for interviews with the Observer. I hope to pin them down to specific proposals that address the real core issues that the next legislature will grapple with.

Here are a few clips from Thursday's forum. I have tried to choose the questions that elicited the most thoughtful answers (but I have edited out the bulk of Mr. Bolton's prefatory speechlets):

Bill

Last week, the Bradford Pear trees in my yard broke out in glorious bloom, robins appeared on the lawn, the jonquils in the garden flowered and the Collin County Commissioners Court was on another 2 week vacation.

Yes, it's Spring Break time at the commissioners court.

If it wasn't for all the harbingers of spring, I know I'd have some difficulty distinguishing between their spring break, summer break, holiday break, and whatever break.

The court last met on March 1 and their next meeting will be on Monday, the 22nd.

Just because they're on break, doesn't mean they still don't get paid. Two weeks of salaries for County Judge and 4 commissioners cost the taxpayers $22,188.38.

But I guess they need a break. It's been a hard campaign season, and it ain't over yet. Campaigning started in January, and for two members of the court won't end until November. While some candidates have to work in vacation time or a leave of absence to run for office, county officials have no such limitations. They get paid and get to campaign as much as they want. Heck, most even get to hit the county's vendors up for nice fat campaign contributions.

Over the last few weeks, Joe Jaynes was out campaigning for Kathy Ward, who lost the GOP nomination to Duncan Webb. Matt Shaheen was on the stump for Keith Self, who won. And Jerry Hoagland is still battling for political survival after finishing in second place to former Plano City Councilwoman Cheryl Williams.

Both Self and the winner of the Hoagland/Williams run-off will face Democratic challengers in November.

I guess they're all tired and need the break.

While they're all soaking up the rays, why is it I feel I want my money back?

Bill

The Collin Community College District, now known as Collin College, will soon have some new leadership on the Board of Trustees.

Three of the nine members on the Board of Trustees are up for re-election in May. Two of them have decided not to run. The third faces a challenger.

The Board of Trustees normally has little turnover. The Chairman, Dr. Robert Collins and Trustee Tino Trujillo are "founding members", meaning they have been on the Board since the inception of the Community College District in 1985.

In Place 1, the incumbent, Dr. David Hammel, first elected to the Board in 2004, is being challenged by a local attorney, Nancy Wurzman.

The incumbent in Place 2, Cindy Bauge was elected to the Board in 1998, and currently serves as Board Secretary. Ms. Bauge has decided not to run for re-election. Plano's Jenny McCall is unopposed for the Place 2 position.

The incumbent in Place 3, Dr. E T Boon, who has served on the Board since 1990 also chose not to seek another term. Vying for the Place 3 slot are Earnest Burke and Larry Wainwright.

Members of the College's Board of directors serve a six year term.

New and current board members will face significant challenges over the next few years:

FUNDING

Probably the greatest issue will be funding. The State off Texas will likely reduce state funding to all colleges by 5% during the next biennium. Local tax revenue is expected to fall this year with the anemic economy and lower property valuations. This combination will force the College to squeeze every cent out of their revenue in order to keep services intact and tuition low.

Last years $164 million budget allowed the district to both balance its accounts and grant taxpayers a slight tax rate decrease, but with burgeoning growth, and anticipated State cuts, future tax cuts may give way to tuition and/or tax increases.

Currently tuition is stable. The college had successfully bucked the trend by other public institutions in not raising tuition rates. Instead the college has relied on its growing enrollment (up 15% last year), and frugal management to keep to its mission of affordability.

Collin College now offers the lowest total tuition and fee scale in the State of Texas - and it wants to keep it that way.

EXPANSION

The district's strategic plan calls for new campuses in under-served but growing parts of the county.

The College District has already purchased land in Celina and Farmersville, and needs to acquire property in the Wylie/Sachse area to fulfill the master plan for new campuses.

When it opened its doors in 1986, the College enrolled about 5,000 students. This year it will educate over 46,000, becoming the 6th largest employer in the county.

To maintain its growth rate and to fully serve all parts of the county, the college will very soon need to begin to plan the bonds and construction for both the Farmersville and Celina campuses.

MISSION

With over 760,000 residents, Collin County is the largest county (in population) in Texas without a 4 year university. While the county boasts one of the most educated workforces in the nation, and its economy is driven in large part by high tech companies, until very recently our residents had to travel to Richardson, Denton or Commerce to earn a degree from a public university.

This year, Collin College opened its "Collin Higher Education Center" at a new facility in McKinney. At the Higher Education Center, five university partners offer a variety of bachelor’s, master’s and doctoral degrees.

Even though it opened in mid-year, the Higher Education Center has attracted many more students than anticipated. Only 350 students were projected to enroll in the first semester of the Center, but in a vivid demonstration of the need for higher education options in the county, over 600 signed up.

The College's trustees will need to take a hard look at its mission. It needs to answer the question, "What do we become?"

Should it evolve into a 4 year college?

Should it plan to expand to become a university, offering research and advanced degrees?

Both options are very expensive, and will require obtaining substantial financial support from the community and the State.

Right now the school is leaning towards a rather unique alternative where its Higher Education Center 'diffuses', rather than grants advanced degrees. By partnering with nearby universities, the college can offer local student access to almost 30 different degree plans, without hiring professors or building expensive infrastructure. Perhaps this model can guide the future response by the college to the demand for a higher education by county residents.

This year marks the silver anniversary of Collin College. Its Board of Trustees, both older and new members, will be tasked to maintain the sterling reputation of the district in a period of rapid growth -- by both sticking to tried and true formulas, and pushing to "boldly go where no one has gone before".

Recognizing the importance of the college to our community, The Collin County Observer will attempt to offer our readers insights into the campaigns of and interviews with the Collin College Board of Trustee candidates.

Bill

Justin P. Nichols of Plano: Local political forums encourage apathy

Sunday, March 14, 2010
The Dallas Morning News - Local Voices

Justin P. Nichols is a Plano resident and former candidate for the Plano City Council in 2008.

Voters just went to the polls to decide dozens of political contests. But before the election there were countless forums and debates sponsored by various groups. Some groups host forums for the benefit of the public, and some give candidates a chance to cater to a particular type of voter. But the one thing all these proceedings had in common was terrible dullness and boredom – hence why few news sources, if any, covered them.

The typical political "debate" consists of too many candidates being given too little time to introduce themselves with a canned intro, followed by a handful of questions that are asked so candidates can show off their canned responses.

Don't we want some political vigor – some democratic passion?

Sure, it's easy to take a jab in a mailer or through a press release, but it's another thing to call out opponents at a forum. Why aren't there any debates that offer real insight into candidates' personality and positions?

The question, "Why do you want to be elected?" doesn't give me all the information I need. I want to see tough questions asked – questions that no one sees coming – questions that only get whispered in gossip circles. I want to see candidates address each other.

I would have liked to see Kelley Adley ask Justice of the Peace Mike Yarbrough, "Why aren't you willing to get up early on Saturdays to perform arraignments like your fellow JPs?" In turn, it would have been interesting to see Yarbrough ask Doug Reeves, the other candidate in the race, "How many times will you run against me?"

Someone should have asked judicial candidate Linda Drain if she was at all ashamed to have been endorsed by former prosecutor Tom O'Connell, who has recently brought a lot of negative publicity and discredit to the Collin County legal system. After all, Republicans hammered President Barack Obama for associating with the Rev. Jeremiah Wright and Bill Ayers. He had to address that in debates. Asking tough questions about supporters is fair play – Republican or Democrat.

Besides being interesting and somewhat uncomfortable, these types of questions are good because they allow voters to see the off-the-cuff side of candidates, and they keep candidates on their toes. If you think about it, pre-election debates are the only time candidates are compelled to answer questions. If elected, the most someone can do is make a statement at a public meeting, and the official doesn't have to respond at all.

I'm sure some folks will tout the traditional civility of Collin County campaigns.

But Collin County has outgrown the good ol' boy network, and elections will no longer be decided at a country club over cigars and brandy. Rather, to win an election these days, it will take a fight to win each vote.

I just wish there were public forums where true political discourse occurred. I'm not advocating outright brawls or cheap shots, but I do advocate for more vigorous debate and excitement at these events. Plus, having been a candidate myself, I believe those vying to be elected wouldn't mind these events being a bit livelier. They have to sit through them, too.

Apathy and voter fatigue are already challenges to an engaged electorate, and I think it would help if local debates more closely resembled the Roman senate than an afternoon of tea and crumpets.

Justin P. Nichols is a Plano resident and former candidate for the Plano City Council in 2008.


link to this Local Voices opinion at The Dallas Morning News....

Many in Collin County jumping at chance to serve on city councils, school boards

Sunday, March 14, 2010
By MATTHEW HAAG / The Dallas Morning News
Dallas Morning News Staff writers Valerie Wigglesworth, Jessica Meyers and Sam Hodges contributed to this report.

Collin County voters this spring will find more candidates on the ballot for some city council and school board races than in previous years.

In the Plano school district, eight candidates are vying for three seats on the school board. Seven people filed to run for two seats on the Frisco City Council. And in Allen, three of the four incumbents drew challengers.

The robust election of mostly political newcomers represents a small shift for Collin County politics, where incumbents often run unopposed. Part of the increased interest comes from a rare opportunity: There won't be any incumbents from the McKinney and Plano school boards on the May 8 ballot.

"They see their opportunity and are jumping," said Mike McConachie, a Collin College political-science professor. "It is so hard to beat an incumbent despite all you hear about the anti-incumbency."

That's playing out in Frisco ISD, where all three trustees up for re-election are running unopposed.

Board president Dan Mossakowski said the school district doesn't have the turnover of other local offices or the slew of political opponents because the trustees avoid drama.

"It has a lot to do with how the community views how the school board is doing," Mossakowski said. "And there's a lot more stuff going on in the city government level that really doesn't happen in the school district."

Controversies

The increased interest in some races, especially for the Plano school board and the Frisco City Council, stems in part from past controversial decisions.

In Plano ISD, trustees unanimously approved a divisive school boundary realignment plan in November without explaining their vote.

"I would really imagine after that redistricting debacle that more parents would put their hat into the ring," said Place 2 candidate Paul P. Kaminksy, a retired Army warrant officer, who faces two opponents.

One of those parents is Nancy Humphrey. She said she decided to run for Place 3 because she thought board decisions have too often occurred unanimously and without discussion.

"I just feel like the communication hasn't been there," said Humphrey, who lives in a part of Richardson that is in the Plano school district's boundaries.

Contested races for the Frisco City Council have been common the past decade and don't seem to faze anyone now.

"The days of council races being unopposed are over," said Mayor Pro Tem Jeff Cheney, who's running for a second term. "A lot of exciting things are happening in Frisco. It's hard not to want to be a part of it."

Cheney faces two challengers for his Place 2 seat, while incumbent David Prince is in a four-way race for Place 4. Most challengers are political novices. In fact, only Jim Joyner, who served on the council for two terms and has been on numerous city boards and commissions, has previous political experience.

Joyner said he filed for the Place 4 seat after the high-profile debate over support for the Collin County arts hall. He said he wants to focus on the city's vision that has made it so successful in the past. Other candidates mentioned that arts hall debate and opposition to the city's support for two proposed multi-housing projects that would include Section 8 voucher-holders.

Those issues served as a wake-up call for Tony Walsh, who's running for the Place 2 slot.

"A lot of people in Frisco have their head in the sand, and I used to be one of them," said Walsh, a mortgage broker and youth sports coach. "I just want to vote for the people."

Raising performance

Allen is seeing competitive races both for school board and city council, but the candidates says they've not been drawn in by single issues or frustration with an incumbent.

Paul Sundar-Singh was among residents of an Allen neighborhood upset by school zone changes that shifted where their children attended middle schools. But he says that's a "closed chapter" and not why he's running against incumbent Gary Stocker for Place 5 on the Allen school board.

Sundar-Singh says he has ideas to lift school ratings and academic performance, particularly in science.

Kevin Livesey is another first-time Allen candidate, running for Place 6 on the city council. Livesey said he's pleased with how Allen is run and has no quarrels with incumbent Jeff McGregor.

"This is just a matter of me wanting to contribute to my community," Livesey said.

McKinney has competitive races for two school board seats, but in both cases the incumbent chose not to run again. So far, the rhetoric has been high-minded, with candidates such as Curtis Rippee arguing that they have expertise that the district needs in a recession.

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

Earlier today, I had an opportunity to sit down with André Davidson, and later with Cathy Fang. Both ladies graciously agreed to interrupt their campaigning for a video interview.

I asked both candidates questions relating to their vision of Plano's future and how they saw their role on the City Council in facing the issues of today.

André Davidson

Cathy Fang

Early voting in the city council run-off election continues through March 23.

Early voting locations and hours

Election day is March 27. The polls will be open 7 AM to 7 PM.

Election day polling locations

Bill

On Saturday, the League of Women Voters held a candidate's forum for the Plano City Council, Place 3 run-off between Andre Davidson and Cathy Fang.

The Observer was there with his hand-held camera.

Each candidate was given a 3 minute opening and then several questions were asked. Here are some clips from the forum:

Bill

In a response to an email from The Collin County Observer, Doug Reeves informed me that on Friday, he withdrew for the race for Justice of the Peace, Precinct 4.

Mr. Reeves was responding to a request to comment on or rebut the issues raised in this investigative article.

####

Doug Reeves, whose surprising 2nd place finish in the Republican primary race put him in a run-off against the incumbent Mike Yarbrough, will soon have his day in court.

But Reeves will appear in Judge Raleeh's JP Court, not as a judge but to defend himself against a Class C misdemeanor charge of filing an incomplete campaign finance report.

CASE NO. 01-TR-10-01329, STATE of TEXAS vs.DOUGLAS REEVES has not been scheduled for trial as of the date of this article. Court records appear to indicate that a fine of $320 dollars is proposed.

The hapless Mr. Reed, who boasts on his website that he has been "Tea Approved" by the North Texas Tea Party, is also under investigation by the Texas Secretary of State for illegally notarizing his own signature on a campaign finance report.

Not the first time: My Brother's Helper, Inc.

This is not the first time Mr. Reeves has run afoul of state law and regulations.

Research by the Collin County Observer has turned up a disturbing record of failure to comply with the law.

On his campaign website, Reeves writes, "In 1988 I founded My Brother's Helper, Inc. For the past 22 years, I have assisted handicapped adults in their quest to obtain meaningful employment and become self-supporting. This small business, 501(c) (3) non-profit organization also provides for young people to perform community service and learn life lessons. In January, 2009 we began a program mentoring fatherless young men."

There is a website for My Brother's Helper, and it is actively soliciting donations. It asks that donations be sent to "101 West Buckingham Road, Ste. 144 Richardson, Texas 75081".

However the company at that address is not "My Brother's Helper", but "Lincoln American Security Officer/Concealed Handgun Academy".

The website for Lincoln American advises, "Call Doug to schedule a class", and that is is "designed and hosted by Doug Reeves @ Homestead."

A search at the Texas Department of Public Safety lists Doug Reeves at 101 West Buckingham Rd. as a licensed to operate a school for private investigators.

A search of incorporation records at the Texas Secretary of State shows that "My Brother's Helper" was incorporated as a non-profit on August 28, 1989, but that on August 3, 2007 Reeves was sent a "Notice of Forfeited Rights for non-filing of Periodic Report"

The State of Texas then "involuntarily dissolved" My Brother's Helper on December 5, 2007. Yet in an article about a pro-life rally in 2008, Mr. Reeves continued to represent that My Brother's Helper was an incorporated non-profit.

Further, on a web page titled "Ethics and Texas, Happy Halloween from My Brother's Helper", Reeves writes that:

"Approximately seven years ago Carol McKinney, a Texas Rehabilitation Commission Counselor, called me with some astonishing news. Paul Begales, the TRC regional Programs Director had visited the Plano field office. He met with the Vocational Rehabilitation Commission counselors. He told these VRCs that they could no longer take referrals from me and to cease doing business with my organization, My Brother's Helper Inc.

"I had been referring handicapped clients to TRC for years. They in turn would refer many of them back to me for various services that I provide. Some of the services I provide are, helping clients with a resume, and teach them job getting and job keeping skills. The main service I provide is teaching a security course and helping handicapped people get a job as a security officer."

Nevertheless, Reeves continues to state in his campaign materials that My Brother's Helper, Inc. is a non-profit corporation helping rehabilitate young men.

Withdraws from race: Reeves responds

The Observer contacted Mr. Reeves and asked him to refute or comment on any of the issues raised in this article. I received 3 seperate email responses from Mr. Reeves.

The first one was a terse, "I withdrew from the race on Friday."

His second response asked me to double check my facts, charging that I, "have drawn a wrong conclusion in some regards".

On the issue of the campaign finance reports, Reeves stated that:

"You and many others do not take into account the circumstances that I faced in this campaign. I am not a criminal or evil man. I have made stupid mistakes on paper work. Much of this campaign I have been depressed related to circumstances. My father passed away last year, a few months later an uncle who was like an older brother passed. We were close in age, fished and hung around together, and he was the big brothers that I never had. In the middle of the campaign my cousin passed away. You are probably aware of the grief process which can last one week or in some cases over one year. The first stage is shock---you expect them to walk through the door. You pick up the phone to call them; it does not seem real. Then anger sets in. I was at this stage at the very beginning of the campaign. People who knew me inquired into what was wrong with me. I wasn't myself. I was able to put a smile on my face when in public, but as soon as I left the public the smile left my face. The third stage--grief did not set in until the last 1 1/2 months into the campaign. Also my job went the way of the economy. My income dropped and I took on a part time job. I was the candidate, the campaign manager, and the campaign secretary. Almost every night I was up until one or two o'clock, and arose for my part time job at 4:45 in the morning. This eventually took its toll on my body--the grief--the lack of sleep---I developed stomach problems, my blood pressure went up. At 59 I am not the man I used to be. Yes, I made paper work mistakes, and have been beaten up pretty badly for them. I look forward to the day when everything is resolved."

On the issue of My Brother's Helper, Inc. accepting donations, Reeves wrote:

"Incidentally, My Brother's Helper, Inc. was run out of the office on Buckingham. I now operate it out of my home, and have done so for a long period of time. I operate another business out of the Buckingham address. I have asked the building owner to change the name on the door, but they have not. Some tenants have moved out of the building and the name on the door was not changed for up to two years. My Brother's Helper, Inc. does not accepted donations. When people inquire, I refer them to their church. The website needs to be updated, and I will get to it. I have not been on tha site in a long time."

He also issued a veiled threat, asking me if I had checked the statute of limitations, as someone might want to file a complaint against one of my 2006 campaign reports.

In his third response, Reeves again issued a veiled threat, but offered no specific defense or argument other than to say, "Some of your assessments earlier are definitely wrong. Some will amount to slander. I am under no legal obligation to correct before you go to print."

A few hours later, someone revised the donations page at My Brother's Helper, removing the suggested $10 donation and adding the line, "We will resume our non-profit status soon."

The Texas Election Code permits a run-off candidate to withdraw from the race, if he informs the County Chair of that party within 10 days of the primary. If Reeves does in fact officially withdraw, then Mike Yarbrough will be the nominee.

Since Yarbrough is unopposed in November, he is in effect, re-elected.

Bill

On March 8, I received the documents from the Texas Secretary of State's Office that are referenced in this article:

My Brother's Helper - Incorporation
My Brother's Helper - Incorporation Certificate
My Brother's Helper - 1st warning letter of periodic reports not filed
My Brother's Helper - 2nd warning letter of periodic reports not filed
My Brother's Helper - Notice of Involuntary Dissolution
North Shepherd Christian Center - Incorporation
North Shepherd Christian Center - Forfeiture of Incorporation

This year citizens are being asked to vote, and vote, and vote, and then vote some more.

In January, Plano citizens cast their ballots for the vacant Place 3 City Council seat. Since no one won the three way race they will vote again in a runoff on March 27.

Tuesday was Primary Election day, and there will be runoffs in the Republican primary. The run-off election date will be April 13.

....and two weeks later most Collin County voters will once again be asked to do their civic duty. City Council and School Board Elections are slated for May 8.

On the first Tuesday in November, voters will once again troop to the polls for the 2010 General Election.

Primary elections here are typically very low turnout, and so the results are often skewed to the most highly motivated voters. Those are generally voters on the extremes of their party.

In recent years, both Keith Self and Matt Shaheen have benefited from run-off contests. In both 2006 and 2008 primary run-offs the conservative far right in the Republican Party turned out enough of their voters to defeat the more moderately conservative incumbents.

On Tuesday, many Republicans stood in line for an hour or more in order to cast their ballots. They likely won't see those kind of lines in the 2nd round of voting - that is, if they show up at all.

2010 ELECTION DATES

• January 30, 2010 Plano special election
  
  
• March 2, 2010 Democratic and Republican Parties Primary election
  
  
• March 27, 2010 Plano special election run-off
  
  
• April 13, 2010 Republican Party Primary run-off
  
  
• November 2, 2010 General elections

Bill

It's been a long night of counting votes. The elections office finally reported their final counts at 2 AM.

But amid all the drama of the election, there was some really wonderful news.

Congratulations to Collin County Elections Administrator Sharon Rowe on the birth of her 4th grandchild.

The young lady, who was named after her favorite Grandma, was born in Denver while Grandma was counting votes in McKinney.

I hear that mother and baby are doing well.

Bill

Election Summary Report
Democratic and Republican Primary
Summary For Jurisdiction Wide, All Counters, All Races

COMBINED ACCUMULATED TOTALS (all precincts reporting)

Local races only:

U.S. Congress 4th CD - REP
Statewide results (76% of precincts reporting). Hall wins, and makes it look easy. He will face Democrat VaLinda Hathcox in November.

Ralph Hall [I] 29,336 58%
Steve Clark 14,775 29%
John Cooper 2,708 5%
Jerry Ray Hall 2,146 4%
Lou Gigliotti 688 1%
Joshua Kowert 714 1%

State Rep, 66 - REP
Mabrie Jackson will face Van Taylor in a run off. This will be an expensive, knock down brawl.

Van Taylor 4581 33.48%
Wayne Richard 3485 25.47%
Mabrie Jackson 5616 41.05%

District Judge, 219 - REP
Another run off

Scott J. Becker 18014 48.43%
Angela Tucker 12434 33.43%
Wendy McMillon 6749 18.14%

District Judge, 296 - REP
Judge Roach wins re-election in this very hard fought over race.

Keith Gore 19621 45.75%
John R. Roach, Jr 23263 54.25%

Criminal District Attorney - REP
With a surprisingly large margin, Greg Willis gets a clean win - no run off. He will face Democrat Raphael de la Garza in November.

Jeff Bray 7786 19.76%
Greg Willis 25638 65.06%
James Angelino 5985 15.19%

County Judge - REP
Keith Self wins decisively and will face Democrat David Smith in November

Keith Self 26822 57.54%
John Muns 19790 42.46%

Judge, County Court at Law 2 - REP
Jerry Lewis cruises to another term

Sharon Ramage 17394 45.99%
Jerry Lewis 20430 54.01%

Judge, County Court at Law 3 - REP
Who will face Baxter in the run off? It may be a few days before we know.

Stewart Matthews 10571 31.66%
Lance S. Baxter 12298 36.83%
Barnett Walker 10518 31.50%

Judge, County Court at Law 4 - REP
Matt Goeller will face off with David Rippel in a run off. they have very different personalities and styles. It will be an interesting contest.

Linda Wynn Drain 8263 23.89%
Matthew Goeller 9713 28.09%
Chrysti Bryant 7115 20.57%
David Rippel 9493 27.45%

Judge, County Court at Law 6 - REP
Terri Green will meet Jay Bender in the run off

Shawn Ismail 2396 6.70%
Jay Bender 11224 31.40%
Don High 10554 29.52%
Terri Green 11573 32.37%

District Clerk - Rep
Late comer to the race, Terrye Evans, is the spoiler - forcing a run off between Crigger and Hays

Patricia Crigger 15984 43.35%
Terrye Evans 8587 23.29%
Alma Hays 12303 33.36%

County Commissioner, 2 - Rep
Williams handily beats the 30 year incumbent, but not with a majority - This will be one heck of a run off. (83% of the precincts in district reporting)

Karl Voigtsberger 1827 17.45%
Cheryl Williams 4796 45.80%
Jerry Hoagland 3849 36.76%

County Commissioner, 4 - Rep
Webb unseats incumbent Kathy Ward

Kathy Ward 5181 49.29%
Duncan Webb 5330 50.71%

Justice of the Peace, 4 - REP
This one is a big surprise. Reeves is totally unqualified, but looks to face Yarbrough in a run off. In the next few days, there will be a lot of embarrassed Republicans who didn't look at who they were voting for.

Doug Reeves 2738 28.00%
WM "Mike" Yarbrough 4800 49.08%
Kelley Don Adley 2242 22.92%

Democratic Party County Chair - DEM

Shawn Stevens 3879 79.02%
Yasin R. Ali 1030 20.98%

Republican Party County Chair - REP
Fred Moses keeps his chairmanship

Fred Moses 23313 63.57%
Mandy Tschoepe 13362 36.43%

Complete election results from the Collin County Elections Department are here.

Bill

Doug Reeves, who came in a surprising 2nd place in the Justice of the Peace, Precinct 4 race has been accused of violating "the duties and responsibilities of [his] office as a Notary Public.

Reeves is accused of notarizing his own signature on a campaign ethics filing. State law specifically prohibits Notary Publics from notarizing their own signature.

In a letter to Mr. Reeves from the Texas Secretary of State's office, Reeves was ordered to respond to the accusations within 20 days. He was also asked to turn over to the State portions of his notary log book.

If the allegation is upheld, Reeves could have is Notary commission suspended or revoked. He may also face a fine and criminal prosecution.

Last month, the Observer pointed out that Reeves campaign ethics reports were the worst we've ever seen. It is our understanding that more than one complaint has been filed with the commission. The errors, omissions and creative accounting on all 3 of his reports will, if sustained, likely subject Mr. Reeves to heavy fines by the Texas Ethics Commission.

Reeves will face incumbent Mike Yarbrough in a run off for the Precinct 4 Justice of the Peace Republican nomination.

Bill

Notes:

Letter to Doug Reeves from the Office of the Texas Secretary of State dated February 25, 2010

Reeves form C/OH Campaign Finance Report dated February 3, 2010 signed and notarized by him on Feb. 2.

Reeves form C/OH Campaign Finance Report dated January 15, 2010

Reeves form C/OH Campaign Finance Report dated February 22, 2010

Collin County election results delayed amid heavy voter turnout

Wednesday, March 3, 2010
By ED HOUSEWRIGHT / The Dallas Morning News

Election results were delayed Tuesday night in Collin County, where officials said voting was extremely heavy.

At some polling places, people waited in line more than an hour, said Patty Seals, assistant county elections administrator. And some locations still had people waiting in line to vote at 7 p.m., when the polls are supposed to close. Those people were allowed to vote.

"A lot of locations probably could have used more [voting] machines," Seals said.

The county's highest-profile race was the Republican primary for county judge, and first-term incumbent Keith Self led John Muns in early voting.

The winner will face Democrat David Smith in the fall. He had no opposition in his party's primary.

During the campaign, Self said he had kept his promise to lower the county tax rate and slow the growth of government spending.

Muns, meanwhile, said the budget was too austere. He said the county needed to hire more sheriff's deputies and add courts to keep crime from increasing.

The county judge heads the five-member Commissioners Court, which approves the county budget.

In other Republican Commissioners Court races, Commissioner Kathy Ward was trailing Plano school trustee Duncan Webb, and Commissioner Jerry Hoagland was behind business consultant Cheryl Williams, with retired engineer Karl Voigtsberger in third place.

In the Republican district attorney's race, former county court-at-law judge Greg Willis was leading lawyer James Angelino and Jeff Bray, senior legal adviser to the Plano Police Department. Incumbent John Roach did not seek re-election.

In the county judge race, both Self and Muns had high-profile, passionate supporters.

Self was endorsed by state Reps. Jodie Laubenberg and Ken Paxton. Muns had the backing of former Plano mayor Pat Evans and former county Commissioner Phyllis Cole.

Self, a retired Army officer, toppled longtime county judge Ron Harris in the 2006 Republican primary.

Muns, a real estate developer, has been on the Plano school board for 17 years and has deep ties to the community. His father, James Muns, was Plano mayor from 1992 to 1996. His mother, Betty Muns, is on the Arts of Collin County Commission.

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

Muns also said he would increase the county's economic development efforts.

Self, meanwhile, said the best way to attract businesses was to keep county taxes low. He said he had a more proven conservative record than Muns.

Last month, some fellow Republicans criticized Self for using a quotation from a Nazi official to rebut campaign statements made by Muns.

Self put a post on his Web site and Facebook page titled "Let's Try Some Truth" that leads off by quoting Joseph Goebbels, Nazi Germany's notorious propaganda minister: "If you tell a lie big enough and keep repeating it, people will eventually come to believe it."

Muns and some other Republicans said they were offended that Self would invoke a Nazi official's comments in a campaign. Others, however, defended Self, who said he didn't intend to link Muns to Nazism.

A record 39 candidates in 14 contested races appeared on the Republican primary ballot.

read this article at The Dallas Morning News....

Election Summary Report
Democratic and Republican Primary
Summary For Jurisdiction Wide, All Counters, All Races

COMBINED ACCUMULATED TOTALS (73% of precincts reporting)

Local races only:

U.S. Congress 4th CD - REP
Statewide results (76% of precincts reporting). Hall wins, and makes it look easy. He will face Democrat VaLinda Hathcox in November.
Ralph Hall [I] 29,336 58%
Steve Clark 14,775 29%
John Cooper 2,708 5%
Jerry Ray Hall 2,146 4%
Lou Gigliotti 688 1%
Joshua Kowert 714 1%

State Rep, 66 - REP
Mabrie Jackson will face Taylor in the run off
Van Taylor 3387 32.93%
Wayne Richard 2631 25.58%
Mabrie Jackson 4269 41.50%

District Judge, 219 - REP
Looks like another run off
Scott J. Becker 14775 48.67%
Angela Tucker 10254 33.78%
Wendy McMillon? 5329 17.55%

District Judge, 296 - REP
Judge Roach wins re-election in this very hard fought over race.
Keith Gore 16080 46.06%
John R. Roach, Jr 18832 53.94%

Criminal District Attorney - REP
With a surprisingly large margin, Greg Willis gets a clean win - no run off. He will face Democrat Raphael de la Garza in November.
Jeff Bray 6123 19.08%
Greg Willis 21127 65.83%
James Angelino 4843 15.09%

County Judge - REP
Keith Self wins decisively and will face Democrat David Smith in November
Keith Self 21728 57.67%
John Muns 15947 42.33%

Judge, County Court at Law 2 - REP
Jerry Lewis cruises to another term
Sharon Ramage 14159 45.82%
Jerry Lewis 16741 54.18%

Judge, County Court at Law 3 - REP
Who will face Baxter in the run off? It may be a few days before we know. UPDATE: With 90% of precincts reporting only 50 votes seperate Matthews and Walker
Stewart Matthews 8564 31.26%
Lance S. Baxter 10151 37.06%
Barnett Walker 8678 31.68%

Judge, County Court at Law 4 - REP
Matt Goeller will face off with David Rippel in a run off
Linda Wynn Drain 6786 23.96%
Matthew Goeller 8011 28.29%
Chrysti Bryant 5795 20.46%
David Rippel 7729 27.29%

Judge, County Court at Law 6 - REP
Another toss up for the run off. Terri Green and either Bender or High. The result might have to wait for all absentee and provisional ballots to be counted. Update: with 90% counted Jay Bender moves into the solid #2 spot with a 450 vote advantage over Don High.
Shawn Ismail 1944 6.65%
Jay Bender 9053 30.95%
Don High 8788 30.04%
Terri Green 9470 32.37%

District Clerk - Rep
Late comer to the race, Terrye Evans, is spoiler - forcing a run off between Crigger and Hays
Patricia Crigger 13331 44.00%
Terrye Evans 6849 22.60%
Alma Hays 10121 33.40%

County Commissioner, 2 - Rep
Williams handily beats the 30 year incumbent, but not with a majority - This will be one heck of a run off. (83% of the precincts in district reporting)
Karl Voigtsberger 1551 17.24%
Cheryl Williams 4162 46.27%
Jerry Hoagland 3283 36.49%

County Commissioner, 4 - Rep
Way too close to call, this is a real cliff hanger. (65% of the precincts in district reporting) Update: With 97% reporting Webb is holding his lead, with a 76 vote advantage.
Kathy Ward 3764 49.49%
Duncan Webb 3841 50.51%

Justice of the Peace, 4 - REP
This one is a big surprise. Reeves is totally unqualified, but looks to face Yarbrough in a run off, unless Yarbrough can get a clean majority (68% of his precincts are reporting)
Doug Reeves 2320 27.41%
WM "Mike" Yarbrough 4155 49.09%
Kelley Don Adley 1989 23.50%

Democratic Party County Chair - DEM
Shawn Stevens 2745 79.50%
Yasin R. Ali 708 20.50%

Republican Party County Chair - REP
Fred Moses keeps his chairmanship
Fred Moses 19011 63.58%
Mandy Tschoepe 10890 36.42%

Bill

The Associated Press has called the Republican Governor's race for Rick Perry, and the Democratic race for Bill White.

Election Summary Report
Democratic and Republican Primary
Summary For Jurisdiction Wide, All Counters, All Races

COMBINED ACCUMULATED TOTALS (17% of precincts reporting)

Local races only:

U.S. Congress 4th CD - REP
This is only the Collin County vote
Lou Gigliotti 232 3.29%
Steve Clark 2653 37.58%
John Cooper 437 6.19%
Joshua Kowert 109 1.54%
Jerry Ray "Tea" Hall 466 6.60%
Ralph M. Hall 3162 44.79%

State Rep, 66 - REP
Looks like Jackson will have to face Taylor in the run off
Van Taylor 2628 31.96%
Wayne Richard 2131 25.92%
Mabrie Jackson 3463 42.12%

District Judge, 219 - REP
Too close to call. Will Scott Becker make a clean victory?
Scott J. Becker 10015 49.84%
Angela Tucker 6642 33.05%
Wendy McMillon? 3437 17.10%

District Judge, 296 - REP
Keith Gore 10155 44.02%
John R. Roach, Jr 12916 55.98%

Criminal District Attorney - REP
Looks like Greg Willis will get a clean win - no run off
Jeff Bray 3563 16.82%
Greg Willis 14355 67.79%
James Angelino 3259 15.39%

County Judge - REP
Keith Self 13641 54.58%
John Muns 11353 45.42%

Judge, County Court at Law 2 - REP
Sharon Ramage 9320 45.22%
Jerry Lewis 11292 54.78%

Judge, County Court at Law 3 - REP
All three running about even to each other - the race is now to see who makes the run off
Stewart Matthews 5479 30.04%
Lance S. Baxter 6773 37.14%
Barnett Walker 5986 32.82%

Judge, County Court at Law 4 - REP
Another toss up for the run off
Linda Wynn Drain 4576 24.13%
Matthew Goeller 5431 28.64%
Chrysti Bryant 3754 19.80%
David Rippel 5201 27.43%

Judge, County Court at Law 6 - REP
Another toss up for the run off
Shawn Ismail 1283 6.56%
Jay Bender 5850 29.90%
Don High 6140 31.38%
Terri Green 6293 32.16%

District Clerk - Rep
Late comer to the race, Terrye Evans is spoiler, forcing a run off between Crigger and Hays
Patricia Crigger 9214 45.60%
Terrye Evans 4422 21.88%
Alma Hays 6572 32.52%

County Commissioner, 2 - Rep
Williams is beating the 30 year incumbent, but a run off will be needed
Karl Voigtsberger 778 15.07%
Cheryl Williams 2464 47.73%
Jerry Hoagland 1920 37.19%

County Commissioner, 4 - Rep
Still too close to call, but Webb appears poised to replace Kathy Ward
Kathy Ward 2992 48.43%
Duncan Webb 3186 51.57%

Justice of the Peace, 4 - REP
This one is a big surprise. Reeves is totally unqualified, but looks to face Yarbrough in a run off
Doug Reeves 1437 27.83%
WM "Mike" Yarbrough 2511 48.63%
Kelley Don Adley 1215 23.53%

Democratic Party County Chair - DEM
Shawn Stevens 1981 79.56%
Yasin R. Ali 509 20.44%

Republican Party County Chair - REP
Fred Moses keeps his chairmanship
Fred Moses 12493 62.39%
Mandy Tschoepe 7530 37.61%

Bill

Election Summary Report
Democratic and Republican Primary
Summary For Jurisdiction Wide, , All Races

EARLY VOTING ACCUMULATED TOTALS

U.S. Congress 4th CD - REP
Lou Gigliotti 223 3.31%
Steve Clark 2564 38.01%
John Cooper 422 6.26%
Joshua Kowert 108 1.60%
Jerry Ray "Tea" Hall 451 6.69%
Ralph M. Hall 2978 44.14%

Governor - DEM
Felix Alvarado 98 3.72%
Star Locke 40 1.52%
Alma Ludivina Aguado 58 2.20%
Bill White 2146 81.38%
Farouk Shami 218 8.27%
Clement E. Glenn 37 1.40%
Bill Dear 40 1.52%

Governor - REP
Kay Bailey Hutchison 8891 31.86%
Rick Perry 13980 50.09%
Debra Medina 5037 18.05%