Texas State Representative House District 33

Corpus Christi Caller Times: If we cant drive our vehicles on the beach we are effectually restricted from that portion regardless of assurances, hand

2008-08-07T05:39:00.000-07:00

Corpus Christi Caller Times: If we cant drive our vehicles on the beach we are effectually restricted from that portion regardless of assurances, handshakes or blueprints

When the powers that be were anticipating a "Privatized Beach".......
Posted on August 7, 2008 at 06:51:41 AM by Jaime Kenedeno

When the "powers that be" were anticipating a "Privatized Beach" the Beach in front of the seawall was at least 50 yds wide (probably 75 yds) anyhow it was wider than it has ever been in the last 20 years.

One other anticipatory preparation was the traffic sign which directed traffic towards the jetty only (no right turn or left turn only????). In a nutshell the maintenance on that portion of the right of way (at that time) was designed to create a spacious widened version of beach real estate adjacent to and extended from the seawall flamboyantly in anticipation of a demanding elite influx of human flesh. The maintenance has been once again downgraded so the beach front will recede and disallow vehicle passage as exemplified and used as argument to once again blockade our access to our beach. If we cant drive our vehicles on the beach we are effectually restricted from that portion regardless of assurances, handshakes or blueprints. Mc Cutchon just cut his own throat. He must be seeing dollar signs or has vested interests.

Councilman Michael McCutchon wants to pass the issue to voters, but needs at least four of his fellow council members to agree.

the Legislature could have decided separate findings regarding the child=s best interests and alternative arrangements were not necessary because they

2008-06-10T02:28:00.000-07:00

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IN THE SUPREME COURT OF TEXAS

════════════

No. 03-0266

════════════

In The Matter of J.P., A Juvenile

════════════════════════════════════════════════════

On Petition for Review from the

Court of Appeals for the Second District of Texas

════════════════════════════════════════════════════

Argued February 4, 2004

Justice Brister delivered the opinion of the Court, in which Chief Justice Phillips, Justice Hecht, Justice Owen, Justice O=Neill, Justice Jefferson, Justice Schneider and Justice Smith joined.

Justice Schneider filed a concurring opinion, in which Justice O=Neill and Justice Jefferson joined.

Justice Wainwright concurred in the judgment only.

The trial court modified a prior juvenile order to commit J.P., an eleven-year-old boy, to the Texas Youth Commission (TYC). He appeals, arguing the trial court failed to make certain findings during modification that the statute expressly requires only in original commitment orders. We granted the petition because of a conflict in the courts of appeals on this question. We hold the plain words of the statute do not require the explicit findings J.P. demands.

At his original adjudication hearing,[1] J.P. was found to have engaged in delinquent conduct by (1) hitting and kicking a teacher at his school, (2) threatening to murder the teacher, an assistant principal, and some of his fellow students, and (3) threatening his mother a week later with a knife. Had he been an adult, these offenses could have constituted, respectively, a third-degree felony,[2] a Class A misdemeanor,[3] and a second-degree felony.[4]

J.P. was placed on one year=s probation in the custody of his parents. Four days later, sheriff=s deputies were called to his home and found him breaking out windows with a broom handle. He was taken into custody, and shortly thereafter agreed (with the approval of his appointed attorney) to an order modifying his probation to provide for placement at the Hood County Regional Detention Center. After a number of incidents at the detention center, the disposition was again modified on April 22, 2002 to commit J.P. to TYC. He appeals from this last order.

The Legislature provided different rules for different stages of a juvenile proceeding. An adjudication hearing incorporates many of the features of a criminal trial, including the right to a jury trial, the right to remain silent, and the right to exclude evidence inadmissible under the rules governing criminal proceedings.[5] By contrast, at a disposition hearing after adjudication, a juvenile has a right to a jury only in cases of possible transfer to the Texas Department of Criminal Justice, and written reports may be considered even if the author does not testify.[6] Finally, at a hearing to modify disposition, there is no right to a jury trial at all.[7]

The Legislature also provided for differences in disposition orders depending on the stage of the proceedings. In all such orders, the court must state in writing its reasons for the order and furnish a copy to the child.[8] But if an initial disposition order places a child in TYC or on probation outside the home, it must expressly state that (1) removal from the home is in the child's best interests, (2) reasonable efforts were made to avoid removal, and (3) care and supervision the child needs to meet the conditions of probation cannot be provided at home.[9] By contrast, none of these additional findings is expressly required in a modification order, which instead can provide for commitment to TYC if (1) the original disposition was for conduct constituting a felony or multiple misdemeanors, and (2) the court finds the child violated a reasonable and lawful order of the court.[10]

J.P. first argues that the modification order had to include written findings regarding best interests, reasonable efforts, and quality of in-home care. In drafting the Family Code (and other statutes as well), the Legislature often requires judges to Afind@ certain matters before taking certain actions,[11] but only occasionally requires those findings to be made in writing.[12] Here, the Legislature required several written findings in original orders, but did not require them in modified orders. We cannot interpret the statute to require otherwise without rewriting it.

Alternatively, J.P. argues that before making the modification order, the trial court had to make the same findings as would have been required for an original order, even if they did not have to be written into the modification order. He also argues the modification order here was improper because there was insufficient evidence to support these necessary but implied findings.[13]

As noted, the plain language of the Family Code requires written findings regarding best interests, reasonable efforts, and quality of in-home care in an original disposition order, but not in a modified one. We must give effect to this difference in plain language unless doing so violates other provisions of the statute.[14] Several appellate courts, including the court of appeals in this case, have held it does not.[15]

But the Eighth Court of Appeals has held to the contrary, requiring trial courts to make each of these findings and state them expressly in modification orders committing a juvenile to TYC.[16] The court appeared to have two main concerns about applying the statute as written.

First, the court feared children could be removed from their homes and placed in TYC for probation infractions without considering their best interests or alternative arrangements.[17] But it must be kept in mind that no original disposition of any kind could have been made unless the best interests of the child indicated protection or rehabilitation was needed.[18] Further, the act of modification itself indicates an in-home alternative has been tried, and undoubtedly most trial courts would find these efforts reasonable because they ordered them. Finally, by finding a violation of probation, a court necessarily finds that in-home supervision was insufficient to ensure there were no such violations. Given the circumstances in which modified orders of commitment arise, the Legislature could have decided separate findings regarding the child=s best interests and alternative arrangements were not necessary because they were necessarily included.

Second, the court feared that effective appellate review of commitment orders based on minor infractions would be precluded if the order simply stated that the child Aviolated a reasonable and lawful order of the court.@[19] But the statute does not require commitment to TYC for every probation violation; it provides only that a trial court=s disposition Amay be modified@ in such circumstances.[20] This is a discretionary decision, and subject to review for abuse of that discretion. If a trial court arbitrarily removes a child from home for a trivial infraction, nothing in the statute prohibits the appellate judges of Texas from doing something about it.

Finally, neither of these concerns addresses what the Juvenile Justice Code itself indicates is its primary concern B the safety of the public:

51.01. Purpose and Interpretation

This title shall be construed to effectuate the following public purposes:

(1) to provide for the protection of the public and public safety;

(2) consistent with the protection of the public and public safety:

(A) to promote the concept of punishment for criminal acts;

(B) to remove, where appropriate, the taint of criminality from children committing certain unlawful acts; and

(C) to provide treatment, training, and rehabilitation that emphasizes the accountability and responsibility of both the parent and the child for the child=s conduct;

(3) to provide for the care, the protection, and the wholesome moral, mental, and physical development of children coming within its provisions;

(4) to protect the welfare of the community and to control the commission of unlawful acts by children;

(5) to achieve the foregoing purposes in a family environment whenever possible, separating the child from the child=s parents only when necessary for the child=s welfare or in the interest of public safety and when a child is removed from the child's family, to give the child the care that should be provided by parents; and

(6) to provide a simple judicial procedure through which the provisions of this title are executed and enforced and in which the parties are assured a fair hearing and their constitutional and other legal rights recognized and enforced.[21]

In other parts of the Family Code, the best interests of children are often paramount; but in the Juvenile Justice Code, the best interests of children who engage in serious and repeated delinquent conduct are superseded to the extent they conflict with public safety.

Commitment to TYC by modification order is proper only if a juvenile originally committed a felony or multiple misdemeanors, and subsequently violated one or more conditions of probation.[22] In such circumstances, the statute allows a trial court to decline third and fourth chances to a juvenile who has abused a second one.

Here, the evidence at the modification hearing showed that J.P. assaulted detention center officers, created a flood by plugging his toilet, assaulted other residents, and on several occasions threatened to commit suicide. On the other hand, there was evidence the death of his father shortly after he entered the detention center contributed to the deterioration of his behavior, and a grandfather from New Hampshire indicated willingness to raise J.P. there. The trial judge=s comments indicate careful consideration of J.P.=s circumstances, of possible alternatives to commitment, and of potential dangers each option provided. Given J.P.=s original adjudication of delinquency for serious offenses (which he does not contest), the previous commitment to the Hood County Detention Center for further delinquent conduct (which he does not contest), and the many offenses at the Center (which he excuses but does not contest), we hold the trial court did not abuse its discretion in modifying the previous disposition orders to commit J.P. to TYC.

The plain language of the Juvenile Justice Code requires different findings in initial orders committing a juvenile to TYC than in modified orders that do so. For the reasons stated above, applying the statute as written compels neither arbitrary commitment nor meaningless review. Accordingly, we affirm the judgment of the court of appeals.

______________________________________

Scott Brister

Justice

OPINION DELIVERED: May 14, 2004

[1] See Tex. Fam. Code ' 54.03.

[2] Tex. Penal Code art. 22.01(b)(1).

[3] Id. art. 22.07(b).

[4] Id. art. 22.02(b).

[5] See Tex. Fam. Code ' 54.03(b).

[6] Id. ' 54.04(a), (b).

[7] Id. ' 54.05(c).

[8] Id. '' 54.04(f), 54.05(i).

[9] Specifically, Family Code section 54.04(i)states:

If the court places the child on probation outside the child=s home or commits the child to the [TYC], the court:

(1) shall include in its order its determination that:

(A) it is in the child=s best interests to be placed outside the child=s home;

(B) reasonable efforts were made to prevent or eliminate the need for the child=s removal from the home and to make it possible for the child to return to the child=s home; and

(C) the child, in the child=s home, cannot be provided the quality of care and level of support and supervision that the child needs to meet the conditions of probation. . . .

Original disposition orders also must include (where applicable) any terms of probation and whether a deadly weapon was used. Id. ' 54.04(f), (g).

[10]Id. ' 54.05(f), (k).

[11] See, e.g., id. ' 6.602(d) (providing court may overrule objection to mediation in divorce proceedings only if it finds a preponderance of the evidence does not support the objection); ' 55.32(a) (providing juvenile court must hold hearing if it finds evidence exists supporting child=s unfitness to proceed due to mental illness or retardation); ' 153.004(d)(1) (providing court may allow access to child by parent with recent history of family violence only if it finds access will not endanger child).

[12] See, e.g., id. ' 6.711(a) (requiring written findings when requested after divorce judgment dividing parties= estates); ' 7.006(b) (providing court may quote agreement incident to divorce or incorporate it by reference in final order if agreement is just and right); ' 33.003(h) (requiring written findings and conclusions in parental notification cases); ' 54.02(h) (requiring juvenile court to state reasons in order waiving jurisdiction in favor of criminal district court); ' 153.072 (requiring written finding of child=s best interest before limiting rights of parent appointed as conservator).

[13] J.P. raises no constitutional challenge to the order of proceedings here. Although amicus counsel argues that federal statutes require inclusion of the section 54.04(d) findings in the statement of reasons required by section 54.05(i), the only statutes cited in briefs or oral argument relate to removal of a child for parental abuse or neglect, not for delinquent acts of the children themselves, see 42 U.S.C. '' 671, 675. We are given no explanation or authority as to why they apply here.

[14] See Tex. Gov=t Code '' 311.023, 311.025; McIntyre v. Ramirez, 109 S.W.3d 741, 745 (Tex. 2003).

[15] ___ S.W.3d ___; In re D.R.A., 47 S.W.3d 813, 814-15 (Tex. App.CFort Worth 2001, no pet.); In re M.A.L., 995 S.W.2d 322, 324 (Tex. App.CWaco 1999, no pet.); In re H.G., 993 S.W.2d 211, 214 (Tex. App.CSan Antonio 1999, no pet.).

[16] In re L.R., 67 S.W.3d 332, 337 (Tex. App.CEl Paso 2001, no pet.).

[17] Id. at 336.

[18] See Tex. Fam. Code ' 54.04(c).

[19] In re L.R., 67 S.W.3d at 337; see In re H.G., 993 S.W.2d at 215 (Rickhoff, J., concurring).

[20] See Tex. Fam. Code ' 54.05(f) (emphasis added).

[21] Id. ' 51.01.

[22] Id. ' 54.05(f), (k).

Nueces De La Parra: Shamsie “Strong Arms” Solomon Ortiz & Rene Rodriguez

2008-04-11T07:47:00.000-07:00

Nueces De La Parra: Shamsie “Strong Arms” Solomon Ortiz & Rene Rodriguez:

Saturday, December 17, 2005

Shamsie “Strong Arms” Solomon Ortiz & Rene Rodriguez

Shamsie “Strong Arms” Solomon Ortiz & Rene Rodriguez
Jaime Kenedeno - 11:40pm Oct 10, 2005 Central
Shamsie “Strong Arms” Solomon Ortiz & Rene Rodriguez
Democrats are not behind Shamsie! There is only certain clique of Democrats who want to “Strong Arm” Shamsie back into the Nueces Constitutional County Court! This “clique” (or group of “Cronies”) I will refer to as the “Shamsie Clique” or “Shamsie Cronies”. It is my understanding, Shamsie’s support stems from the Office of Congressman Solomon Ortiz and certain other witnesses to the “Capelo Deal”. Attorney Shamsie (along with George Finley {Nueces County Hospital District}) witnessed the transaction between Attorney & State Representative Jaime Capelo and Attorney Rene Rodriguez.. Capelo represented Citgo at the time and Rodriguez was in dispute with Corpus Christi Police Officers Association! (Laredo National Bank VP) Roland Guerra had to break the bad news to Capelo and then he was thrown to the dogs! Why was Shamsie never deposed? Why not Finley (deposed)? Tony “The Two Fer” was mad at Rodriguez and Capelo! What about Hugo Berlanga grooming Capelo for the JOB? I seem to remember some kind of criminal charges filed on Hugo Berlanga and his backroom politics! Now Capelo and Berlanga are both better off! They are both successful lobbyists in Austin! Then we go to the Medical Legislation! Who was it good for? Was “The Two Fer” Pro or Con with the proposition authored by Joe Nixon? The Doctor’s Malpractice insurance increased! Who made out on this deal?
Now back to the “Shamsie Cronies” it is rumored and warnings have been issued! The media is being “Strong Armed” financially! Elite and Power Brokers (Powercrats) within the Democratic Party are frowning on the media who promote any other option for the Democratic primary and certainly to support an independent will bring the wrath of both Parties! They are in essence saying, “we are going to use our Incumbent resources to discourage (SQUEEZE) clients from working with your business’ if you (the Media) speak negatively of Shamsie! Even if it is
Tejano2K - 02:50pm Oct 11, 2005 Central (#1 of 10)
As we know;There's always two sides to every story,hope somebody will tell it because anyone can write just about anything about anybody.Sould we be rooting for 'Shamsie'?
GRusling - 08:16am Oct 22, 2005 Central (#2 of 10) If voting could really change things, it would be illegal...
This is all political doubletalk. It appears meaningless because it is...
Jaime Kenedeno - 06:17pm Oct 22, 2005 Central (#3 of 10)
GR: "This is all political doubletalk. It appears meaningless because it is..."
Explain? Verify your statement Please?
GRusling - 10:49pm Oct 23, 2005 Central (#4 of 10) If voting could really change things, it would be illegal...
Politicians are all crooks, endit.
The "pot" is calling the "kettle" BLACK again!
All concerned are up to their eyeballs in gutter-slime...
Jaime Kenedeno - 11:52pm Oct 23, 2005 Central (#5 of 10)
GR: I agree with you. Do you have any suggestions for a Candidate with integrity for Nueces County Judge. Suggestions for a nomination?
GRusling - 06:40am Oct 24, 2005 Central (#6 of 10) If voting could really change things, it would be illegal...
I don't live in Nueces County, thankfully...
Jaime Kenedeno - 07:04am Oct 24, 2005 Central (#7 of 10)
Then Theoretically speaking. Who do you beleive to be the man or woman for the JOB?
GRusling - 08:30am Oct 26, 2005 Central (#8 of 10) If voting could really change things, it would be illegal...
I have no idea. Nueces County politics are a peripheral issue for me. I rarely comment except when it's "pure" politics with little or no substance...
John DeLaGarza - 07:06pm Nov 17, 2005 Central (#9 of 10)
I dont know much about the Democrat Party locally or otherwise or the Republican Party for that matter, but I definately do not like Shamsie. IMO there is definately something Shady about him.
There has got to be a better Democrat for the job than him, either way I'll vote against him whenever he is up for reelection.
John DeLaGarza - 09:22pm Dec 8, 2005 Central (#10 of 10)
Good news Shamsie isnt going to run for reelection.

2 comments:

Jaime Kenedeño said...: Darrell Keach, 33, Nueces County Record Star, General Manager

How long in current position and how long in newspapers: I’ve been actively involved in the business since 1994. I’ve grown up in the business and I’m fourth generation, starting with my great-grandfather who owned the Floresville Chronicle Journal and later bought The Record Star in 1926. Since then my grandfather Carroll Keach was publisher and my father Sam Fore Keach is the current publisher.

Why did you get into newspapering: I didn’t seem to have much choice I guess, being fourth generation.

What is your most rewarding part of the business: Helping a new or existing business and the community we serve succeed, while at the same time making our own business succeed.

What is the worst part of running a newspaper: Failing to succeed.

What are your goals for the future: Continue to grow our circulation and reach without sacrificing quality.

--; 6:42 PM
Jaime Kenedeño said...: Sam Keach, a Robstown historian whose family has owned the Record Star newspaper there since 1925, wrote a column in August describing chatter about fast-action, high-stakes poker around the clock in the 1940s at a dance hall/watering hole named Rob's Place in Robstown.

He was not able to document Texas Hold 'Em having its beginnings there, but the column conjured a response from Gigi Starnes, 63, born in Falfurrias, now living in San Antonio. Her father was an occasional gambler who owned Clancy's Cafe in Falfurrias, a popular restaurant with area gamblers.

Starnes' response to Keach's column: "I well remember whisperings of those high stakes card games. There was a gambler called Buttermilk (because that's all he would drink while playing) who once gave me a $10 bill, which he said he'd won playing Held 'em in Rob's. I must have been around 5 or 6, and remember wondering who Rob was, now I think it must have been Robstown."

Historical raids in Corpus Christi at places such as the famed Dragon Grill verify the existence of gambling for decades. Linn Keys (Doc) Mason, of Pennsylvania, arrived in Corpus Christi around 1926. Eight years later he opened the Dragon Grill on Corpus Christi Beach, according to Nueces County Historical Commission information.

It was a plush, swanky nightclub, a classic blending of art deco, excellent food, good music, dancing and gambling that thrived for years.

An early morning blaze destroyed the building on Jan. 15, 1944, according to Caller-Times archives. Within 18 months, a new Dragon Grill was opened at the Elks Club building, built in 1928 at the corner of Water and Starr streets.

Considerable money changed hands nightly in the third-floor Jaina Room. Entrance was achieved only by way of a special elevator. Blackjack, poker, dice games, slot machines and roulette were favorite games. A system of warning lights and buzzers were used if danger threatened from below.

In August 1953, however, one industrious policeman, Raymond Lamp'l, joined with FBI agents who had been dating women known to Mason, and all posed as customers. They watched as patrons threw down their chips, and when it was Lamp'l's turn he threw down his badge.

Charges of keeping and exhibiting a gaming table were brought against Mason and one of his employees. Though the grand jury returned a no-bill, that was the end of Mason's gambling career in Corpus Christi and the end of big-time gambling at the Dragon Grill.

Contact Mike Baird at 886-3774 _or bairdm@caller.com
http://www.caller.com/ccct/local_news/article/0,1641,CCCT_811_3545047,00.html; 7:10 PM

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The Genuine Article: Nueces De La Parra

http://stxc.blogspot.com/2006/04/just-another-day-in-nueces-county.html. posted by dannoynted1 @ 12:39:00 AM ... Contributors. dannoynted1; Jaime Kenedeño ... laparra.blogspot.com/2006/04/sexual-harrasment-del-mar-and-now.html - 29k ...

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Nueces County Jail Delayed

KENEDENO & ASSOCIATES. We at Kenedeno & Associates apologize if this Documentary Dossier' offends. We certainly encourage anyone who disputes or challenges anything written in this Article to rebut / respond. The Links contain more in ...

Posted by Jaime Kenedeño at 12:09 AM

HOWARD STERN APOLOGIZED TO SOUTH TEXAS Caller.co...

describing Houston lawyer Joe Frank Canon, who is known for hurrying through capital trials like "greased lightening," occasionally falls asleep, and

2008-03-20T02:52:00.000-07:00

I would Love to see this Attorneys Appeal in Hell........Maybe the judge will be asleep? Or better yet, maybe that will be the "Strategy"!?!

Paid to sleep on the JOB! Dang, now that is a TWIST!

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THE ELECTRIC CHAIR AND THE CHAIN GANG:

CHOICES AND CHALLENGES FOR AMERICA'S FUTURE

Lecture presented by Stephen B. Bright, director of the Southern Center for Human Rights and J. Skelly Wright Fellow at Yale Law School, at the Notre Dame Law School on February 15, 1996, and published in Volume 71, Notre Dame Law Review, page 845 (1996).

Copyright (c) 1996 University of Notre Dame; Stephen B. Bright

The use of capital punishment in America today presents a number of fundamental moral issues about our society and our system of justice. It is fitting that we address those issues here at Notre Dame Law School, which has a well-deserved reputation for raising moral issues, for a deep commitment to justice, and for responding to human needs with compassion.

Our society and the legal professional are failing to meet the need for legal services of many of those most desperately in need of such services in cases involving the highest stake, life itself. There are, of course, urgent needs in other areas besides capital punishment. Those accused of crimes which do not carry the death penalty, the poor, people of color, homeless people, people with mental impairments, people who are HIV positive, people in prisons and jails and many others are without lawyers to represent them in cases which involve their freedom, their shelter, their survival.

Those needs will be greater when you graduate from law school than they are today. But there could be fewer jobs and less resources for those who respond. And, as you know, you will be saddled with enormous debts. This presents a challenge, but it should not deter you from responding. Indeed, my message to you is that you have no choice except to respond Ä the needs and the times demand it.

Let's examine the needs and how individuals and institutions may respond to them.

Children and the poor are going to have a tremendous need for your services. The states are increasingly passing so-called welfare reform measures and Congress and the President are about to follow suit with a measure that will "end welfare as we know it." The result of these "reforms" will be to put thousands of children on heating grates to live.

This message to "get a job or starve" comes even as America's most prosperous companies are "down-sizing" Ä laying off thousands of workers who dedicated their lives to their companies. You will be practicing law in a world in which your fellow human beings are increasingly looked upon by the corporate structure and the government as disposable, as Charles Reich eloquently describes in his book, Opposing the System.1 A person can work hard all her life and suddenly, one day, lose her job, her health insurance, her home and everything Ä not because she did anything wrong, but because the company does not need her any more. Many of those who lose their jobs in this manner have little prospect of finding employment elsewhere.

Many of those growing up in our country today have little chance of obtaining a job because we have not met the promise of providing a quality education for all of our children. Of course, a quality education is essential for a job in today's world. Silicon Valley did not appear by coincidence in California. The opportunities offered there are the sweet fruit harvested as a result of the country's best system of higher education. But now that system is being raided to pay for unnecessary prisons. California now spends more money on its prison system than on its university system.

As a result of the denial of education, opportunity and even hope for so many of our children and their parents, the choice for many by age sixteen is not the one you had Ä which college to attend, what career to pursue. It is a choice between trying to find a minimum wage job at a fast food restaurant or getting in on the material wealth of the American dream through the only business available, the selling of illegal drugs.

As was pointed out recently by Steven Duke and Richard St. John:

Those who would eviscerate welfare contend that welfare recipients need the threat of severe deprivation to motivate them to seek a job. But all the evidence proves that there are no jobs for most of the people now on welfare . . . . A recent study of fastfood workers found 14 applicants for every opening.

There is another glaring gap in the reasoning of those who want to rescind the war on poverty: They assume that the only alternative a welfare recipient has is legitimate work. This overlooks the omnipresent alternative of crime.2

But America's children can still count on their government to fulfill one promise. Both the federal and state governments are committed to spend up to $30,000 a year on every child in the United States. All that child must do to obtain this government support is to try to medicate his depression or despair with illegal drugs or commit some other crime. The state and federal governments are absolutely committed to having a maximum security prison cell for any child who commits a crime Ä especially if that child is a person of color.

Some of those accused of crimes will be entered in a lottery Ä a lottery rigged by race and poverty. Out of thousands eligible, about 250 will be condemned to be strapped down and shot, hung, gassed, electrocuted or injected with lethal drugs.

Other industrialized nations have abandoned the death penalty. Recently the Constitutional Court of South Africa unanimously found the death penalty to be cruel, unusual and degrading punishment under that country's constitution.3 But we continue to sentence people to death in the United States.

I was in a Georgia courtroom last fall defending an African American facing the death penalty for a crime committed against a white person. We were trying to persuade the judge to remove the Confederate battle flag from the courtroom Ä it is a part of the Georgia state flag. The flag was adopted in defiance of the Supreme Court's decision in Brown v. Board of Education4 that schools be integrated.5 We were also asking the court to bar the state from seeking the death penalty against my client because of racial discrimination in the infliction of the death penalty in Georgia.

As we were litigating those motions, I was struck by several thoughts. The Olympic games are coming to Georgia next year. Georgia, like South Africa, has a long history of apartheid, racial oppression and racial violence. Yet now South Africa has moved ahead, it has joined the rest of the civilized world in abandoning capital punishment. But Georgia is still flying the Confederate battle flag in its courtrooms and burning people up in its electric chair while others celebrate their deaths outside.

But the problems are not limited to Georgia. The sad fact is that, increasingly, our state and federal governments are offering the young not hope, opportunity and equality, but the threat of incarceration and execution. Last summer, President Clinton began running television advertisements proclaiming his support for the death penalty and tough sentencing laws. In 1994, he signed into law a crime bill providing for the death penalty for fifty federal crimes.

The federal death penalty was brought back in 1988. Since that time the Justice Department has approved fifty-four capital prosecutions. All but nine have been against people of color. During the Clinton administration, Attorney General Reno has approved twenty-seven capital prosecutions. Twenty were against African Americans. Yet despite this sorry record, even more capital crimes were adopted last year.

In addition to providing for more death, state and federal governments pass new measures each year to provide for more incarceration. Longer prison sentences, mandatory minimum sentences, unreasonable and inflexible sentencing guidelines and other legislation such as "three strikes and you're out" result in more people serving longer periods of time behind bars at enormous cost. The United States now imprisons more people than ever before Ä over 1.5 million in both prisons and jails Ä and has the highest incarceration rate of any country in the world.6 To keep up with the growth in prison population will require the construction of 1,725 new prison beds each week.

And legislatures are moving to make life even more unbearable for those crowded into prisons and jails. Alabama has brought back the chain gang.7 Its only purpose is degradation and humiliation of human beings for political points. A person cannot get much work done chained to another person. Alabama has also returned to the practice of having prisoners stand in the hot Alabama sun for ten hours a day breaking rocks with ten-pound sledge hammers.8 This activity serves no practical purpose Ä there is no need for the crushed rock Ä but apparently it serves political purposes.

Not long ago such barbarism would be seen as just another aberrational act by Alabama. Today, it starts a national trend. Arizona and Florida have already reinstated the chain gang and other states are contemplating it as well. And the Alabama legislature, continuing its role as the trend setter, is now considering a bill to return to caning as punishment for crime. Children even as young as thirteen are being prosecuted as adults. Not just in Alabama, where fourteen and fifteen year old children are serving sentences of life imprisonment without any possibility of parole, but all across the land.

As prisons and jails become even more overcrowded, conditions deteriorate. Yet legislation proposed in the United States Congress would restrict the ability of federal courts to provide relief for unconstitutional conditions in prisons.9 This legislation is based on irresponsible assertions by the National Association of Attorneys General and members of Congress that prisoner lawsuits are about nothing more important than soggy sandwiches or being deprived of watching football games on television or the use of electronic games.

Nothing is said about the unconscionable degradation and violence in America's prisons that was corrected only by order of federal courts in response to suits brought by prisoners. Judge Frank Johnson ordered the correction of barbaric conditions in Alabama's prisons twenty years ago. Judge Johnson found "horrendous" overcrowding with inmates sleeping on mattresses in the hallways and next to urinals; prisons were "overrun with roaches, flies, mosquitoes, and other vermin"; mentally disturbed inmates were "dispersed throughout the prison population without receiving treatment"; and robbery, rape, extortion, theft and assault were "everyday occurrences" among the general inmate population.10

Prisons in thirty-nine states and the District of Columbia have been put under some form of court supervision because of the failure of state officials to operate constitutional facilities. For example, a federal judge found that residents of the California State Prison at San Quentin were "regarded and treated as caged animals, not human beings."11 At a prison in Pendleton, Indiana, the federal court found that inmates were shackled spread- eagle to metal bed frames for up to two and a half days at a time and "frequently denied the right to use the toilet and had to lie in their own filth."12 At the Southern Center for Human Rights, our docket of suits on behalf of prisoners is not about melting ice cream, but about the most fundamental human rights of people, such as the right to safety and security, to basic medical and mental health care.

It is the threat of punishment and degradation, not the promise of hope and opportunity, that we hold out to children who have the misfortune to be born into poverty, the victims of brutal racism, those who have the misfortune to be born into dysfunctional families, those who are the victims of physical, sexual and psychological abuse, and those who have the misfortune to be born with a deficit in intellectual functioning or some other mental impairment.

One would think that if all we hold out to these children is a prison cell, the chain gang and the electric chair, at least we could provide a little process Ä fair procedure with a good lawyer Ä before we take away their lives or freedom and subject them to such suffering and degradation for the suffering and degradation they caused others. And one would think that, at the very least, we would make sure that racial prejudice, which already puts so many at such a disadvantage, would not influence the severity of their punishment. But both fair procedures and the access to courts through competent and experienced counsel are being taken away even from those with the most desperate needs of all, those facing the executioner. And the courts are completely indifferent to the prominent role that race plays in the criminal justice system.

Since 1977, Chief Justice Rehnquist has waged a relentless war on the once great Writ of Habeas Corpus, which the Supreme Court described over thirty years ago as "the common law world's 'freedom writ."'13 It gives a person the right to go into federal court and assert that he or she has been imprisoned in violation of the Constitution. It gives a life-tenure federal judge the power, where there has been a constitutional violation, not to let the defendant go free, but to require the state to provide a new and fair trial. The Supreme Court once said "there is no higher duty than to maintain it unimpaired."14

But the Supreme Court under the leadership of Justice Rehnquist Ä later Chief Justice Rehnquist Ä has placed all manner of technicalities in the way of vindication of violations of the Bill of Rights.15 And now Congress and the President are poised to finish off the Writ. The Anti-Terrorism Bill that has passed the Senate includes provisions which would limit even further the ability of federal judges to set aside an illegally obtained death sentence.16 It will impose time limits that would treat capital cases like small claims cases.

This legislation would leave enforcement of the Bill of Rights primarily to state court judges. This sounds reasonable, but it overlooks that state court judges in all but a handful of states must stand for election.17 Those judges are not independent. In high publicity, high profile cases, enforcing the law may cost them their jobs. In the present political climate, an elected judge who grants relief in a capital case signs his or her own political death warrant. It has happened in California. Three justices of the state supreme court were swept from office because of their votes in capital cases.18 It happened in Mississippi.19 It has happened in other places, but often it does not happen because judges pay more attention to the next election than to the law in making their rulings.

There was an election last year for the Texas Court of Criminal Appeals. Stephen W. Mansfield ran for a seat on the court on a three-plank platform: greater use of the death penalty, greater use of the harmless error doctrine, and fines for lawyers who file "frivolous appeals" in death penalty cases.20 Mansfield challenged an incumbent, a former prosecutor, who had served for twelve years on the court. Before the election, it was revealed that Mansfield had been a member of the Texas bar only a couple of years, that he had been fined for practicing law without a license in Florida, that he had almost no criminal law experience.21 Nevertheless, Mansfield won the election. The Texas Lawyer aptly described him after his election as an "unqualified success."22

Of course the most fundamental element of a fair process is the right to counsel. Because without a lawyer, a person untrained in the law has no idea what his rights are or how to assert them. I am sure that many of you were inspired to go to law school, as I was, by Anthony Lewis' marvelous book, Gideon's Trumpet. It is the story of Clarence Earl Gideon who was convicted in Florida and then filed his own handwritten petition with the United States Supreme Court saying it just was not fair that he did not have a lawyer at his trial. This ultimately led to the case of Gideon v. Wainwright,23 which held that the poor person accused of a felony is entitled to a lawyer. Anthony Lewis observed after the decision:

It will be an enormous task to bring to life the dream of Gideon v. Wainwright Ä the dream of a vast, diverse country in which every person charged with a crime will be capably defended, no matter what his economic circumstances, and in which the lawyer representing him will do so proudly, without resentment at an unfair burden, sure of the support needed to make an adequate defense.24

Over thirty years after Gideon was decided, this dream has not been realized. There is no public defender office in many jurisdictions; in some jurisdictions, the indigent defense work is assigned to the lowest bidder.25 It was recently discovered that in Putnam County, Georgia, the local sheriff appointed lawyers to the cases of poor defendants and refused to appoint lawyers who would not agree to the plea dispositions proposed by the sheriff.26

Congress cut off all funding in the fall of 1995 for a very modest program to provide some measure of justice to those facing the death penalty Ä the post-conviction defender organizations or resource centers that had existed in twenty states. The resource centers, created in 1987, were a relatively small program for the size of the problem. All together they had about 200 lawyers to deal with the post-conviction representation of over 3,000 people condemned to death. But the young lawyers who were at the resource centers during their eight years of existence proved what a difference you can make if you tackle a problem, work hard at it, build an expertise and are committed to justice.

Some of the resource center attorneys were right out of law school. They were not paid very much by the prevailing standards of the legal profession. But after two or three years, those young lawyers had mastered the complex areas of criminal law, the sub-specialty of capital punishment law, and the procedural maze of state and federal post-conviction law. Besides building their own expertise and applying it, they recruited lawyers from firms to provide pro bono representation. Many lawyers responded to the call. And they, working with the resource center lawyers, provided the highest quality of representation.

And they made a difference. Walter McMillian, who spent six years on Alabama's death row, is a free man today because the Alabama Resource Center proved that he was innocent of the murder for which he was condemned to die.27 Lloyd Schlup is alive today because the resource center in Missouri established his innocence.28 Curtis Lee Kyles is alive today because the resource center in Louisiana marshalled evidence of his innocence.29

In addition, these young lawyers, and the pro bono attorneys with whom they worked, exposed constitutional violations in other cases Ä violations such as failure to disclose exculpatory evidence, racial discrimination, and prosecutorial misconduct. These are not technicalities. These are constitutional violations that go to the very integrity and reliability of the system.

And because these lawyers and these programs made a difference, they came under attack by the National Association of Attorneys General, led by the new Attorney General of South Carolina who ran on a promise to replace the state's electric chair with an electric sofa so that more people could be executed at one time.30 Apparently the attorneys general consider it a bad reflection on our criminal justice system that innocent people are being sentenced to death. The House and the Senate responded by cutting off all funding last fall.

Those who depend upon government funding must recognize that a reality of our times is that if they are effective in helping the poor or people of color, there is a very substantial risk that the government will take away or reduce the funding or, as with the federal Legal Services Corporation, which makes legal assistance available to the poor in civil cases, interfere with their ability to help their clients by placing restrictions on their practices. Of course, that has always been the case in many states; the only programs that received funding were the ones that were completely ineffective. But at least the federal government could be counted on for some programs and the federal courts for some measure of justice that could not be obtained in the state courts. But now there is no commitment to access to the courts or to fairness on the part of our national leadership in either party.

The result is that many who most need legal assistance are without it. Many of the 3,000 men, women and children on death rows throughout the country are without counsel. Many of the lawyers from the capital resource centers who would have provided representation have gone to other jobs in other states. This leaves two choices. One is the states can execute the condemned without providing counsel for the post-conviction stages of review. The Supreme Court has held there is no right to counsel in state post-conviction proceedings.31 The other choice is to assign a lawyer who knows nothing about post- conviction practice and pay the lawyer a token amount for providing the appearance of some process. Alabama compensates lawyers $600 for handling post-conviction representation. An attorney who devotes the necessary time will be earning less than ten cents an hour. But the fees in Alabama are better than in Georgia, Mississippi and some other states. They pay nothing.

If the states do provide counsel, we can expect to see the same quality of representation during post-conviction that we see at trial. And the quality of representation at trial in capital cases has been a disgrace to the legal profession.32 For example, judges in Houston, Texas have often appointed to defend capital and other criminal cases a lawyer who occasionally falls asleep during trial.33 When a defendant in a capital case there once complained about his lawyer sleeping, the judge responded that the Constitution guarantees the accused a lawyer, but it does not guarantee that the lawyer must be awake.34 The trial of a woman facing the death penalty in Alabama had to be suspended for a day because the lawyer appointed to defend her was too drunk to go forward.35 The judge sent him to jail for a day to dry out and then produced both the client and lawyer from jail and resumed the trial. She was sentenced to death.

Last month, I handled a post-conviction proceeding in a capital case in Georgia in which the court-appointed lawyers did not make one objection during the entire trial, which lasted only one and a half days.36 Only one motion was filed prior to trial. One of the attorneys appointed to defend the accused had never heard of two important Supreme Court decisions in Georgia capital cases, Furman v. Georgia37 and Gregg v. Georgia,38 which provide the structure for much of the Eighth Amendment law governing capital trials. Another lawyer who has handled a number of criminal and capital cases in Georgia was asked to name all of the criminal law decisions of which he was aware. He could answer only Miranda and Dred Scott.39

The Alabama Supreme Court affirmed a conviction and death sentence in a case after receiving a brief from the lawyer that was only one page long.40 The lawyer did not show up for oral argument. One might have expected the Alabama Supreme Court Ä or the courts in the other cases I have described Ä to call a halt to proceedings where the lawyering was so bad and appoint new counsel, not only to protect the rights of the accused, but also so that the court could do its job. Do these courts care at all about justice? How can a court decide a capital case based on a one-page brief and without oral argument? But the Alabama Supreme Court affirmed without ever having adequate briefing or any argument. The client was eventually executed.

Poor people do not choose their lawyers. They are assigned lawyers by state court judges, many of whom are elected and are more concerned about the next election than the Bill of Rights. We must ask, is it morally right to assign a poor person a lawyer who does not know the law, who does not care enough to investigate, who is incapable of properly handling such a serious case, and then penalize the poor person for errors made by the lawyer?

Another great moral and legal issue that courts continue to ignore is the role that racial prejudice plays in deciding who dies. Edward Horsley was executed in Alabama's electric chair on February 16, 1996. He was the eleventh African American put to death by Alabama of the fourteen that have been executed since the Supreme Court allowed resumption of capital punishment in 1976. He and his codefendant were sentenced to death by all- white juries selected in Monroeville, Alabama.

Two African American men sentenced to death by an all-white jury in Utah were executed even though jurors discovered during a lunch recess a note which contained the words "Hang the Nigger's" [sic] and a drawing of a figure hanging on a gallows.41 No court, state or federal, even had a hearing on such questions as who wrote the note, what influence it had on the jurors, and how widely it was discussed by the jurors. William Henry Hance was executed in Georgia without any court holding a hearing on the use of racial slurs by jurors who decided his fate.42 The racial disparities in the infliction of the death penalty are undeniable,43 yet courts refuse even to hold hearings on such ugly racial incidents as I have described here.

But even if our system could provide the person facing the death penalty with a fair and impartial judge, a responsible prosecutor who was beyond political influences, a capable defense lawyer, and a jury which represented a fair cross-section of the community, it would not eliminate the discrimination and unfairness in the infliction of the death penalty. No procedure employed by the court during jury selection or trial can eliminate the centuries of racial prejudice and discrimination in our history. Beyond that, the task of deciding who should live and who should die is simply too enormous for our court system. And our courts do not function best when caught up in the politics and passions of the moment, which is almost always the case when a capital trial is taking place.

I am reasonably confident that this sad situation is only going to get worse because no one in a leadership position speaks out against it. That was not always the case. Over thirty years ago, the Attorney General of the United States, Robert F. Kennedy, observed, "the poor person accused of a crime has no lobby." And he did something about it. He, the Attorney General of the United States, became a lobby for the poor person. He found responsible leaders on Capitol Hill who responded to his call. Together they brought about passage of the Criminal Justice Act to give lawyers to poor people accused of crimes in the federal courts. One opportunity that will be open to you upon graduation is to work at one of the federal defender offices all across the country now in existence thanks to the leadership of Attorney General Kennedy. Attorney General Kennedy supported the Criminal Justice Act not because he was soft on crime Ä Robert Kennedy was a tough prosecutor Ä but because he believed in fairness. It was as simple as that.

But after the election of 1994, as the state attorneys general and politicians in both parties moved to take away funding for the resource centers Ä to remove the small fig leaf of fairness that did not begin to cover the injustices and inequities in the use of the death penalty Ä not a word of protest was heard from the White House or the Department of Justice.

Those of us who remember Robert Kennedy hoped that someone might at least say: "Wait, if we are going to have the death penalty, if we are going to kill our own people Ä even our children Ä at least we must give lawyers to those accused of crimes." And not just a stable of plug horses that would not be accepted by a decent glue factory, but real lawyers who know what they are doing. It is a matter of fairness. We hoped that someone might say: "Wait, we cannot gut the great Writ of Habeas Corpus. Life and liberty are too precious. Even in this material world, life and liberty should have the protection of the federal courts." Our country could have benefitted from a lesson in fairness and due process from the President or the Attorney General or some of the leaders in Congress.

Those are some of the challenges. What can we do about them?

It can be difficult to find a public interest job Ä not as hard as some think, but it is certainly more difficult than finding a job with a law firm. As I said earlier, there are no public defender offices in many jurisdictions where those accused of crimes have the greatest need for competent legal counsel. And it is getting harder. Many of the capital resource centers have closed. The civil legal services programs are also under attack for providing too much justice. They are being cut back and restrictions placed on their work. And of course you have those law school debts.

Law schools and human rights organizations must come to the rescue. The legal profession must respond to the challenge. And you as individuals must respond to the problems I have described.

A number of law schools have responded. The University of Texas Law School now has a capital punishment clinic which provides an outstanding experience for students and desperately needed help for lawyers defending capital cases in that state. The Capital Clearinghouse at the Washington and Lee College of Law has helped improve the quality of representation in Virginia. Loan forgiveness programs are making it possible for law school graduates to take jobs which pay very little but allow them to respond to desperate needs. Yale and New York University are among the leaders in providing full loan forgiveness for students who go into public interest careers. Law students at many institutions have created public interest foundations, through which those who have well paying jobs make contributions to enable other graduates to accept public interest jobs and pay their loans.

Our program, the Southern Center for Human Rights, has benefitted tremendously in the last six years because each year we have had a Skadden Fellow, a new law graduate whose salary and benefits were paid for by the fellowship foundation of the law firm of Skadden, Arps, Slate, Meagher & Flom. Now in its seventh year, the Skadden program provides two-year fellowships for twenty-five law graduates. Thanks to that program, we have had three outstanding lawyers who would not have been with us otherwise. There are clients who are alive today who would be dead were it not for our Skadden Fellows. It is time for other firms to follow Skadden's lead.

Some people concerned about the death penalty created last year the Harry A. Blackmun Fellowship at our office. That fellowship is making it possible for us to put another recent law graduate in the field to respond to these desperate needs.

Judy Clarke, the federal public defender in Spokane, Washington, recently donated her fees for representing Susan Smith in South Carolina, $83,000, to the South Carolina Post-Conviction Defender Organization so it could establish a fellowship to provide representation for condemned inmates.44 This contribution was made by a public defender who is providing representation in the courts to poor people every day. Where is the rest of the legal profession? Lawyers have a monopoly on access to justice; they have a duty to see that it is not only available to those who can pay.

But what is also needed is the response of individuals who are willing to go where the needs are. The legal services offices that survive, the public defender offices that exist, and the various public interest law projects, like my office, are not going to offer you jobs a year before you graduate like the law firms do. The reason is we do not know if we will be cut back thirty percent or eliminated completely.

But those offices will need you at some point. Last year, two of my third-year students at Yale Law School were discouraged in January because they could not find public defender jobs. But by May they were calling for help in deciding between the three public defender offices that had made offers. Another recent graduate worked for a criminal defense lawyer in Atlanta while he waited for his bar results and an opening at a public defender office. He passed the bar and will start practicing with the public defender office in Atlanta next month.

I also urge you to explore creating your own programs, your own non-profit public interest law projects Ä not offices where lawyers get rich, but places where people get justice. But to do that, you must settle for less in material rewards than what other lawyers are receiving for their work.

It is easy to lose perspective. Remember that it is no sacrifice to receive the same income as that received by teachers, farmers, workers on the assembly line and other good, decent working men and women who raise families and contribute to their communities. To the contrary, it is a great privilege to devote one's life to things that are important and about which you care passionately.

You who will someday graduate from law school have the opportunity to become what Martin Luther King, Jr., in one of his many great sermons, called "drum majors for justice." Dr. King described the drum major for justice as one who speaks the truth Ä no matter how unwelcome it may be and no matter how uncomfortable it may make the listener Ä and as one who gives his or her life to serving others: to feeding the hungry, clothing the naked, and Ä particularly important for lawyers Ä to visiting those who are in prison, and to loving and serving humanity.45 He described his goal as a drum major for justice: "I just want to be there in love and justice and in truth and in commitment to others, so that we can make of this old world a new world."46

Follow the example of a young lawyer who graduated from Howard Law School, opened a practice in Baltimore and handled civil rights cases and became a great drum major for justice Ä Thurgood Marshall. Follow the example of a nun who ministered to the poor in the projects of New Orleans and on death row at Angola Ä Sister Helen Prejean.47

I offer my office as an example of what you can do only because it is the one I know something about and we have had some experience in surviving in hard times without much money. We have never received any government money. We must spread very thinly what little money we have to provide justice for those most in need of it. And that requires living a simple life, not letting a lot of material things clutter our existence.

We pay everyone the same, whether secretary, senior lawyer, or junior lawyer. Our annual salaries have been as low as $8,500. Now, everyone makes $23,000. You can live on this amount. I have lived on such a salary for the last thirteen years. But, of course, so have many other people in our society who work at jobs that are not nearly so interesting and fulfilling as what we do.

A law firm may pay one partner $600,000 or even more. At the Southern Center for Human Rights, that is the entire operating budget for a year for nine lawyers, three investigators, one paralegal, three administrative people and a number of law students. With that we provide representation in fifty capital cases and twenty-four cases challenging prison and jail conditions.

There are other possibilities. The new technology of today enables us to practice law from our homes with a computer, a modem, a printer, a telephone and a fax machine. It is possible to maintain very low overhead so you can charge reasonable fees for services or even barter, as William Kunstler often did with his neighbors.

Consider practicing law not in Washington, New York or the Bay Area, but in communities where there has never been a lawyer who would question the status quo, who would give African Americans the same representation as white people, who would give the poor the same representation as the rich. You can change that. Those communities are not hard to find. Get a map of any state in the Union. It will be full of them.

We live in a society where it is possible to isolate ourselves from the poverty, the racism, the injustices that affect the lives of so many people. The culture of becoming a lawyer is one in which there is almost overwhelming temptation to take the job that pays the most money to pay those debts; but then it is so easy to fall into a costly culture of BMWs, big houses, and summer homes. There is so much money available and so many good uses we can think of for it, that it is easy to give in to the twin evils of complacency and complicity.

I urge you to commit yourselves today not to do that. As Elie Wiesel said in accepting the Nobel Peace Prize, "Our lives no longer belong to us alone; they belong to all those who need us desperately."48 I have not had enough time to describe all the desperate needs, only some of what needs to be done to work toward finally realizing the promise of Clarence Earl Gideon's case.

Your time, your talents and your commitment are urgently needed. Let me give you an example of how much you are needed. Cornelius Singleton, a mentally retarded African American youth on death row in Alabama, went eight years without seeing the lawyer assigned to represent him in post-conviction proceedings. Can you imagine what it must be like to be on death row for eight years and not see a lawyer? Not to know whether you are going to be executed the next day, the next week, the next year? To have no idea what is even happening on your case? Do you see what a difference you could make if you had been Cornelius Singleton's lawyer? Just by going to see him, by counseling him, you would have provided a valuable service.

We cannot solve all the problems, but we can lend a helping hand and our professional skills to those who most need us. Like those who helped slaves escape to freedom as part of the underground railroad before the Civil War, we can help people reach safe passage, one at a time, from the injustices which threaten to destroy them.

And what a difference you can make to those individuals whom you help. Last summer, one of my clients, Tony Amadeo, who had been condemned to die by Georgia when he was only eighteen years old, but whose death sentence was set aside due to racial discrimination,49 graduated summa cum laude from Mercer University. Do not let anyone tell you that you cannot make a difference as a lawyer.

And we can bear witness to the injustices we see until we shake our fellow citizens out of the indifference which we see about us.

I leave you with the challenge issued by Justice Thurgood Marshall, six months before he died, in accepting the Liberty Bell Award in Philadelphia. Justice Marshall was frail. He was in a wheelchair. But by the end of his remarks, it was observed that "his voice was as booming as [it had been] in those magnificent times when he argued before the Supreme Court."50 Justice Marshall said:

I wish I could say that racism and prejudice are only distant memories . . . and that liberty and equality were just around the bend. I wish I could say that America has come to appreciate diversity and to see and accept similarity. But as I look around, I see not a nation of unity but of division Ä Afro and white, indigenous and immigrant, rich and poor, educated and illiterate. . . .

Look around. Can't you see the tensions in Watts? Can't you feel the fear in Scarsdale? Can't you sense the alienation in Simi Valley? The despair in the South Bronx? The rage in Brooklyn?

We cannot play ostrich. Democracy cannot flourish among fear. Liberty cannot bloom among hate. Justice cannot take root amid rage. We must go against the prevailing wind. We must dissent from the indifference. We must dissent from the apathy. . . . We must dissent from a government that has left its young without jobs, education or hope. We must dissent from the poverty of vision and an absence of leadership. We must dissent because America can do better, because America has no choice but to do better. Take a chance, won't you? Knock down the fences that divide. Tear apart the walls that imprison. Reach out; freedom lies just on the other side.51

That's the challenge. To continue the work which Justice Marshall so nobly advanced in his great career at the bar. Now it's your turn.

I hope to see you in the courts.

. Charles Reich, Opposing the System (1995).

. Steven B. Duke & Richard St. John, Less Welfare: More Crime, Pittsburgh Post-Gazette, Jan. 14, 1996, at B1.

. The State v. Makwanyane, Constl. Ct. of South Africa, June 6, 1995, reprinted in 16 Hum. Rts. L.J. 154 (1995).

. 347 U.S. 483 (1954) (holding that racial segregation in the public schools violates the Equal Protection Clause); see also Brown v. Board of Educ., 349 U.S. 294, 301 (1955) (requiring that desegregation of the public schools proceed "with all deliberate speed").

. Coleman v. Miller, 885 F. Supp. 1561, 1569 (N.D. Ga. 1995) (finding that the flag was adopted "as a statement of defiance against federal desegregation mandates and an expression of anti-black feelings").

. 1,725 New Prisons Beds a Week; Biggest 1-Year Spurt in Inmate Population, Atlanta Const., Dec. 4, 1995, at 1A (reporting a Department of Justice announcement that there are 1.1 million inmates in prison and another 484,000 in jails, giving the United States an incarceration rate of 565 per 100,000, higher than even Russia, which had been the world leader).

. Rick Bragg, Chain Gangs to Return to Roads of Alabama, N.Y. Times, Mar. 26, 1995, at 16; Brent Staples, The Chain Gang Show, N.Y. Times Mag., Sept. 17, 1995, at 62.

. Alabama to Make Prisoners Break Rocks, N.Y. Times, July 29, 1995, at 5.

. Stop Turning Out Prisoners Act, H.R. 667, 104 Cong., 1st Sess. (1995). After some modification, the restrictions were adopted as the Prison Litigation Reform Act by the Congress as a rider to the Omnibus Rescission and Appropriations Act of 1996, Pub. L. 104-134, and signed into law by President Clinton on April 26, 1996.

. Pugh v. Locke, 406 F. Supp. 318, 322-27 (M.D. Ala. 1976), aff'd as modified, 559 F.2d 283 (5th Cir. 1977), rev'd in part on other grounds, 438 U.S. 781 (1978) (per curiam).

. Toussaint v. McCarthy, 597 F. Supp. 1388, 1400 (N.D. Cal. 1984), aff'd in relevant part, 801 F.2d 1080 (9th Cir. 1986), cert. denied, 481 U.S. 1069 (1987).

. French v. Owens, 777 F.2d 1250, 1253 (7th Cir. 1985), cert. denied, 479 U.S. 817 (1986). These are, of course, only a few of the many examples of unconscionable constitutional violations that could be found in America's prisons before they were corrected by federal lawsuits brought on behalf of prisoners. For an excellent and sobering account of conditions in the Mississippi State Pentitentiary over the decades before federal court intervention, see David M. Oshinski, "Worse than Slavery": Parchman Farm and the Ordeal of Jim Crow Justice (1996); see also Nils Christie, Crime Control as Industry: Toward GULAGS, Western Style? (1993) (a description of failures of the American prison system by an eminent Norwegian criminologist); Susan P. Sturm, The Legacy and Future of Corrections Litigation, 142 U. Pa. L. Rev. 639 (1993) (describing reforms accomplished through corrections litigation).

. Smith v. Bennett, 365 U.S. 708, 712 (1961).

. Id. at 713 (quoting Bowen v. Johnson, 306 U.S. 19, 26 (1939)).

. The Court has limited the availability of the Writ to vindicate constitutional rights by adopting strict rules of procedural default, see, e.g., Smith v. Murray, 477 U.S. 527, 533-36 (1986); Engle v. Isaacs, 456 U.S. 107, 130-34 (1982); Wainwright v. Sykes, 433 U.S. 72, 88-91 (1977); Timothy J. Foley, The New Arbitrariness: Procedural Default of Federal Habeas Claims in Capital Cases, 23 Loy. L.A. L. Rev. 193 (1989); by excluding most Fourth Amendment claims from habeas corpus review, Stone v. Powell, 428 U.S. 465 (1976); by requiring deference to fact finding by state court judges, see, e.g., Patton v. Yount, 467 U.S. 1025 (1984); Sumner v. Mata, 439 U.S. 539 (1981), after remand, 455 U.S. 591 (1982), after second remand, 464 U.S. 957 (1983); by making it more difficult for a petitioner to obtain an evidentiary hearing to prove a constitutional violation, Keeney v. Tamayo- Reyes, 504 U.S. 1 (1992); by adopting an extremely restrictive doctrine regarding the retroactivity of constitutional law, Teague v. Lane, 489 U.S. 288 (1989); James S. Liebman, More than "Slightly Retro:" The Rehnquist Court's Rout of Habeas Corpus Jurisdiction in Teague v. Lane, 18 N.Y.U. Rev. L. & Soc. Change 537 (1991); by reducing the harmless error standard for constitutional violations recognized in federal habeas review, Brecht v. Abrahamson, 507 U.S. 619 (1993); and by restricting when a constitutional violation may be raised in a second habeas petition, McCleskey v. Zant, 499 U.S. 467 (1991).

. The Antiterrorism and Effective Death Penalty Act of 1996, signed into law by President Clinton on April 24, 1996, Pub. L. 104-132, requires deference by federal courts to decisions of state courts unless the decision is "contrary to, or involved an unreasonable application of, clearly established Federal law," id. s 104(3); establishes a statute of limitation for the filing of habeas corpus petitions, id. s 101; further restricts when a federal court may conduct an evidentiary hearing, id. 104(4); and adds new barriers to hearing a successive habeas corpus petition, id. s 105; see David Cole, Destruction of the Habeas Safety Net, Legal Times, June 19, 1995, at 30.

. Stephen B. Bright & Patrick J. Keenan, Judges and the Politics of Death: Deciding Between the Bill of Rights and the Next Election in Capital Cases, 75 B.U. L. Rev. 759, 779 n.89 (1995) (in 32 of the 38 states that have the death penalty, state court judges must stand for periodic election or retention).

. Governor George Deukmejian announced his opposition to Chief Justice Rose Bird because of her votes in capital cases and warned two other justices he would oppose them unless the death penalty was upheld. Leo C. Wolinsky, Support for Two Justices Tied to Death Penalty Votes, Governor Says, L.A. Times, Mar. 14, 1986, at 3; Steve Wiegand, Governor's Warning to 2 Justices, S.F. Chron., Mar. 14, 1986, at 1. He eventually campaigned for the removal of all three justices and the voters responded by voting all three from their positions. Frank Clifford, Voters Repudiate 3 of Court's Liberal Justices, L.A. Times, Nov. 5, 1986, pt. 1, at 1 (describing results of election and commercials in the last month of the campaign which insisted "that all three justices needed to lose if the death penalty is to be enforced").

. David W. Case, In Search of an Independent Judiciary: Alternatives to Judicial Elections in Mississippi, 13 Miss. C. L. Rev. 1, 15-20 (1992) (describing how Justice James Robertson was defeated by a "law and order candidate" who had the support of the Mississippi Prosecutor's Association). Robertson was the second justice to be voted off the Mississippi Supreme Court in two years for being "soft on crime." Andy Kanengler, McRae Overwhelms Justice Joel Blass, Clarion-Ledger (Jackson, Miss.), June 6, 1990, at 4A; Tammie Cessna Langford, McRae Unseats Blass, Sun Herald (Biloxi, Miss.), June 3, 1990, at A1.

. Janet Elliott & Richard Connelly, Mansfield: The Stealth Candidate; His Past Isn't What it Seems, Tex. Law., Oct. 3, 1994, at 1, 32.

. Id.; John Williams, Election '94: GOP Gains Majority in State Supreme Court, Houston Chron., Nov. 10, 1994, at A29.

. Jane Elliott, Unqualified Success: Mansfield's Mandate; Vote Makes Case for Merit Selection, Tex. Law., Nov. 14, 1994, at 1.

. 372 U.S. 335 (1963).

. Anthony Lewis, Gideon's Trumpet 205 (1964).

. For a description of the lack of indigent defense systems and the state of indigent defense, see Stephen B. Bright, Counsel for the Poor: The Death Sentence Not for the Worst Crime but for the Worst Lawyer, 103 Yale L.J. 1835, 1849-55 (1994).

. Judy Bailey, Does Sheriff Run Putnam's Indigent Defense?, Fulton County Daily Rep., Nov. 10, 1995, at 1.

. Peter Applebome, Black Man Freed After Years on Death Row in Alabama, N.Y. Times, Mar. 3, 1993, at A1.

. See Schlup v. Delo, 115 S. Ct. 851 (1995).

. Kyles v. Whitley, 115 S. Ct. 1555 (1995) (finding a violation of due process by the prosecution due to failure to turn over exculpatory evidence).

. Marcia Coyle, Republicans Take Aim at Death Row Lawyers, Nat'l L.J., Sept. 11, 1995, at A1, A25 (describing the effort of South Carolina's Attorney General and other members of the National Association of Attorneys General to eliminate funding for the post-conviction defender organizations even though the organizations had established the innocence of at least four men condemned to die); David Cole, Too Expensive or Too Effective? The Real Reason the GOP Wants to Cut Capital-Representation Centers, Fulton County Daily Rep., Sept. 8, 1995, at 6 (pointing out that eliminating funding for the capital representation centers would increase the cost of providing representation, but decrease the quality).

. Murray v. Giarratano, 492 U.S. 1 (1989).

. For a more comprehensive discussion of the problems of deficient representation in capital cases and the reasons for it, see Bright, supra note 25.

. Paul M. Barrett, Lawyer's Fast Work on Death Cases Raises Doubts About System, Wall St. J., Sept. 7, 1994, at 1 (describing Houston lawyer Joe Frank Canon, who is known for hurrying through capital trials like "greased lightening," occasionally falls asleep, and has had 10 clients sentenced to death); Ex Parte Burdine, 901 S.W.2d 456, 457 (Tex. Crim. App. 1995) (Maloney, J., dissenting) (noting testimony of jurors and court clerk that defense attorney slept during trial).

. John Makeig, Asleep on the Job; Slaying Trial Boring, Lawyer Said, Houston Chron., Aug. 14, 1992, at A35.

. Record at 846-49, Haney v. State, 603 So. 2d 368 (Ala. Crim. App. 1991), aff'd, 603 So. 2d 412 (Ala. 1992), cert. denied, 113 S. Ct. 1297 (1993).

. Judy Bailey, A Poor Example of Indigent Defense, Fulton County Daily Rep., Jan. 16, 1996, at 1 (describing hearing in Fugate v. Thomas, Super. Ct. of Butts Co., Ga., No. 94-V-195 (Jan. 10-11, 1996)).

. Furman v. Georgia, 408 U.S. 238 (1972) (striking down Georgia's death penalty statute).

. Gregg v. Georgia, 428 U.S. 153 (1976) (upholding the death penalty statue enacted by the Georgia legislature in 1973 in response to the Court's decision in Furman).

. Transcript of Hearing of Apr. 25-27, 1988, at 231, State v. Birt, Super. Ct. of Jefferson Co., Ga. No. 2360 (1988) (on file with author). The lawyer was referring to Miranda v. Arizona, 384 U.S. 436 (1966), and Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857). Dred Scott was not a criminal case.

. Brief for Appellant, Ex parte Heath, 455 So. 2d 905 (Ala. 1984). The brief is set out in full in Bright, supra note 25, at 1860-61 n.154.

. See Andrews v. Shulsen, 485 U.S. 919 (1988) (Marshall, J., dissenting from denial of certiorari).

. See Hance v. Zant, 114 S. Ct. 1392 (1994) (Blackmun, J., dissenting from denial of certiorari); Bob Herbert, Mr. Hance's 'Perfect Punishment,' N.Y. Times, Mar. 27, 1994, at D17; Bob Herbert, Jury Room Injustice, N.Y. Times, Mar. 30, 1994, at A15.

. For further discussion of the influence of race on the imposition of the death penalty and the failure of legislatures and courts to deal with the problem, see Stephen B. Bright, Discrimination, Death and Denial: The Tolerance of Racial Discrimination in the Infliction of the Death Penalty, 35 Santa Clara L. Rev. 433 (1995).

. Clif LeBlanc, Smith Lawyer Donates $83,000 in Fees, The State (Columbia, S.C.), Feb. 2, 1996, at B3; Andrew Blum, Defender Proffers Fees, Nat'l L.J., Apr. 15, 1996, at A7.

. Testament of Hope: The Essential Writings of Martin Luther King, Jr. 259- 67 (James M. Washington ed., 1986).

. Id. at 267.

. See Helen Prejean, C.S.J., Dead Man Walking: An Eyewitness Account of the Death Penalty in the United States (1993) (describing her work with death row inmates).

. Wiesel's Speech: This Honor Belongs to All the Survivors, N.Y. Times, Dec. 11, 1986, at A2.

. Amadeo v. Zant, 486 U.S. 214 (1988).

. A. Leon Higginbotham, Jr., Justice Clarence Thomas in Retrospect, 45 Hastings L.J. 1405, 1430 (1994).

. Carl T. Rowan, Dream Makers, Dream Breakers: The World of Justice Thurgood Marshall 453-54 (1993).

Page

EL Defenzor.net: First and Foremost Homero Villarreal is My Friend.

2008-01-17T02:12:00.000-08:00

Like Big John Mc Carthy says, "Let's Get It On"

If one disputes any claim by all means welcome to the show and put it (your dispute or objection) in writing. We run from nobody.

"Welcome back my friends to the show that never ends
We're so glad you could attend, come inside, come inside
There behind a glass stands a real blade of grass
Be careful as you pass,.move along, move along

Come inside, the show's about to start
Guaranteed to blow your head apart
Rest assured you'll get your money's worth
The greatest show in Heaven, Hell or Earth
You've got to see the show, it's a dynamo
You've got to see the show, it's rock and roll, oh

Nueces Democrats: "These are not Democrat issues. These are not Republican issues." These are Nueces County issues" Somebody's Knockin on the Door."

2008-01-13T22:32:00.000-08:00

Nueces Democrats: "These are not Democrat issues. These are not Republican issues." These are Nueces County issues" Somebody's Knockin on the Door."

The only way we will be a factor is by interacting & through Natural Discussion.

Everybody welcome, the more the merrier. themericanprince, onamission, Homero, Nuts101, Mr Mikal Watts, Mr Filemon Vela, TJ Henry, Mr Attorney General come on guys why dont we air this thing out like Brett Favre? Just another walk in the park.

It's Too Late To Apologize. Unlike yous guys, We Dont Work for the President

Dear Lencho and the rest of the Political Crooks and Government Vendors / Contractors, Thank Dora for this COLD BLAST from the past.Somebody better start standing up and helping out. Heaven forbid should we start saying your names and your secrets. I am frickin pissed off at all of you. The day of reckoning or shall we say "wreckoning" is at hand. Speak up or get chewed up and spit out.

The best way to kick this party off is with some hard hitting; hard hitting on the one's who are not used to getting hit.

Lencho Rendon is the whipping boy he is the first one who gets hit.

If Great State of Texas can prosecute a little person for $45 then surely it should look into the allegations with the bridge to nowhere and the brown bag, back porch window treatments not to forget all that double standard malarchy.

Asian Human Trafficking or an Asian Employment Service? It all depends on who it is, how much lettuce they have, and who they got dirt on.

Why do we hand Lencho Rendon San Patricio Shores along our port

Why does the Brownsville Navigation District do the same?

And Solomon Grande, why do we keep on pulling the lever?

And Solly Junior why should we give him another chance? (He dont keep his promises).

The Nueces County Jail / Federal Prisoner Removal was a Political Smear and a total Sham directed at Larry Olivarez and Mikal Watts at the expense of Nueces County Taxpayers.

Here are a couple of brain teasers for those of you remain standing in that river (D Nile).

Is Randolph Delay a Republican or a Democrat?

Why did Kenneth and Ping Lee Cohen go to prison?

I
"I remember Lencho telling me that his ideal dream team (to help BND) would be (lobbyist) Randy DeLay, (Monterrey consult-ant) Esther Rodriguez and 'Madam Ping,'" Lasseigne said.

A Dream Team of Randy Delay Lobbying in Washington, Solomon Sr. nicely positioned on the House Arms Services Committee and his influential "friends" such as Congressman Ike Skelton, the distract and the DELAY side JOB Lobby at the Federal Bureau of Prisons / CCA / Private Prison Profiteering CON. The Daytime JOB is the Defense Contractor Ocean Shipholdings.

children know when they are not wanted @ CCISD.........is it District 32, 33, or 34?

2008-01-10T01:33:00.000-08:00

Error to adjudicate child delinquent for truancy

On October 20, 1999, the Dallas Court of Appeal reversed an adjudication for delinquent conduct when the judgment recited that it was based on conduct constituting truancy. Truancy is CINS, not delinquent conduct.

99-4-18. In the Matter of A.S., UNPUBLISHED, No. 05-98-02086, 1999 WL 956308, 1999 Tex.App.Lexis ___ (Tex.App.--Dallas 10/20/99)[Texas Juvenile Law 49 (4th Ed. 1996)].

Facts: The juvenile court adjudicated A.S. a child engaged in delinquent [sic] on a finding of truancy and committed him to the Texas Youth Commission (TYC). In two points of error, A.S. contends the juvenile court erred in its adjudication, in failing to state specific reasons for disposition, and that the evidence is insufficient to support the disposition. We sustain A.S.'s first point of error and reverse and render judgment.

A petition alleged appellant engaged in delinquent conduct by violating a lawful justice court order "under circumstances that would constitute contempt" by failing to "attend school each and every day with no unexcused absences ... in violation of Section 51.03 of the Texas Family Code." The juvenile court informed A.S. that, if the petition was found to be true, the court could place A.S. on probation at home in the custody of a parent or outside the home until his eighteenth birthday or A.S. could be committed to TYC until his twenty-first birthday. A.S. pleaded true, and the court found him to be a child engaged in delinquent conduct. In its adjudication findings, the juvenile court found A.S. committed the offense of "failing to attend school each and every school day with no unexcused absences and by failing to attend each and every class of each day of school[ ] on 12-1-97" and declared A.S. a child engaged in delinquent conduct, as defined by section 51.03 of the family code. After hearing evidence regarding disposition at the initial and subsequent hearings, the juvenile court committed A.S. to TYC.

The juvenile court entered the following findings for purposes of disposition:

1. The child is in need of rehabilitation;

2. The public is in need of protection;

3. The respondent child's best interest will be served by being placed outside the home[;]

4. All reasonable efforts were made to prevent or eliminate the need for the child's removal from the home and to make it possible for the child to return to the home[;]

5. The child, in the child's home, cannot be provided the quality of care and level of support and supervision that the child needs to meet the conditions of probation.

The juvenile court then committed A.S. to TYC "for the reasons stated above."

Held: Reversed and rendered.

Opinion Text: In his first point of error, A.S. contends the trial court erred in adjudicating him a child engaged in delinquent conduct. We view the evidence as a whole to determine whether the State met its burden of proof beyond a reasonable doubt. See Tex. Fam.Code Ann. § 54.03(f) (Vernon 1996); C.D.F. v. State, 852 S.W.2d 281, 284 (Tex.App.-Dallas 1993, no writ); In re S.D.W., 811 S.W.2d 739, 749 (Tex.App.-Houston [1 st Dist.] 1991, no writ).

Failure to attend school is a misdemeanor offense under the education code and may be prosecuted in a justice court. See Tex. Educ.Code Ann. § 25.094(b) & (f) (Vernon 1996 & Supp.1999). If the justice court finds a juvenile "has engaged in truant conduct and that the conduct is of a recurrent nature," the court may order the juvenile to "attend school without unexcused absences." Tex. Fam.Code Ann. § 54.021(d)(6) (Vernon Supp.1999). If the justice court finds a juvenile has violated its order, the court shall transfer the complaint to the juvenile court which shall conduct a de novo adjudication hearing under section 54.03 of the family code. See Tex. Educ.Code Ann. § 25.094(d) (Vernon 1996). Under section 54.03 of the family code, a juvenile court may find that a juvenile has engaged in delinquent conduct or conduct indicating a need for supervision. See Tex. Fam.Code Ann. § 54.03 (Vernon 1996). The code also provides specifically that truancy is conduct indicating a need for supervision, not delinquent conduct. See id. § 51.03(a)(2)(B) & (b)(2) (Vernon Supp.1999); In the Matter of J.B.S., 696 S.W.2d 223, 225 (Tex.App.-San Antonio 1985, no writ); In the Matter of A.L.H., 517 S.W.2d 652, 653 (Tex.Civ.App.-Houston [1 st Dist.] 1974, no writ). A juvenile adjudicated a truant under section 51.03 of the family code may not be committed to TYC. See Tex. Fam.Code Ann. § 51.02(15)(A) (Vernon Supp.1999), § 54.04(o) (Vernon 1996) (providing that a child who commits truancy under section 51.03(b)(2), which is conduct that cannot be committed by an adult, may not be committed to TYC).

The juvenile court found A.S. committed the offense of failing to attend school with no unexcused absences, that is, truancy, which is not delinquent conduct under section 51.03 of the family code. Thus, there is no evidence to support an adjudication that A.S. is a child engaged in delinquent conduct. The State argues the court's error is a clerical rather than a legal error because the record demonstrates that A.S. pleaded to a charge of contempt that would support the adjudication. The State proposes that we may either correct the error in the factual finding or remand to the trial court for correction by a nunc pro tunc judgment. See, e.g., State v. Bates, 889 S.W.2d 306, 309 (Tex.Crim.App.1994) (noting "nunc pro tunc orders may be used only to correct clerical errors in which no judicial reasoning contributed to their entry, and for some reason were not entered of record at the proper time"); Asberry v. State, 813 S.W.2d 526, 529 (Tex.App.-Dallas 1991, pet. ref'd) (noting "[a]ppellate courts have the power to reform whatever the trial court could have corrected by a judgment nunc pro tunc where the evidence necessary to correct the judgment appears in the record"); Tex.R.App. P. 43.2(b). However, the written judgment's finding that A.S. "failed to attend school" is consistent with the record of the plea. Furthermore, at a later disposition hearing, the court stated, "Back on September 22 nd, 1998, [A.S.] plead (sic) true to a count of truancy...." This finding of truancy was a judicial determination. Thus, we conclude the juvenile court's holding that A.S. engaged in delinquent conduct was error. We sustain A.S.'s first point of error. Our disposition of the first point of error makes it unnecessary for us to address A.S.'s second point of error. See Tex.R.App. P. 47.1.

We reverse the juvenile court's "Order of Adjudication and Judgment of Disposition with T.Y.C. Commitment" in all respects and render judgment that A.S. is not a child engaged in delinquent conduct.

Read it and weep~ Chilren know when they are not wanted @ CCISD

2008-01-10T01:24:00.001-08:00

CCISD: Dear CCISD Trustees, Without Due Process & Community Input; No Choice Will Be Bona-Fide

2007-06-03T21:24:00.000-07:00

"That Just the Way It Is. I Gotta Get Paid"

I must say the tactics being carried out right now are transferring from a division between majority & minority groups to a division of within the minority groups. This concept is how CCISD manipulates. Think about it? Investigations, Colloquial Intelligence, Manipulation of one’s JOB opportunities, personal & political missions and nanotechnology to forecast, design and carry out plans ranging from 0 to at least a good 20 years. WIA slush fund is all about the final data in each category. There are many exemptive solutions & creative methods that are encouraged. The WIA allows the creation of multiple programs and agencies to create JOBS or JOB training. WIA is the DARE program, COPS program, Communities in Schools, and anything they can draw up a quick blueprint of. Innovation and Malleability produce stellar new programs from dedicated grant writers given the concepts and goals of a brainstorm. This is a brilliant concept for our youth. The problem is the adults take candy from the babies. CCISD is way to big for their britches. A board much too elevated to consider input from the community. Such audacity to condescend to engagement of the community they fleece in the justification “they know WATT is best for us”. Furthermore, contrary to their schmoozing persona-ism they do not know it all “we wouldn’t understand the process so why do we need to know how they conduct the business of running our school district?”. We would never understand anyway? The concern is to make the numbers JIVE with each other and the terminology is dynamic so are the variables applicable for each method of calculation.

“I guess it just depends on WATT your definition of is………..

IS?”

"I see no changes all I see is racist faces
misplaced hate makes disgrace to races
We under I wonder what it takes to make this
one better place, let's erase the haters
Take the evil out the people they'll be acting right
'cause both black and white is talkin smack tonight
and only time we heal is when we love each other
it takes skill to be real, time to heal each other
And although it seems heaven sent
We ain't ready, to see a black President, uhh
It ain't a secret don't conceal the fact
the penitentiary's packed"
tupac

South Texas Chisme: Too many minority students dropping out of high school

2007-05-27T05:19:00.000-07:00

South Texas Chisme: Too many minority students dropping out of high school

Too many minority students dropping out of high school

Hispanic youths who lack English skills are three times as likely to drop out as other Hispanic students, according to census data. Almost 40 percent of Hispanic dropouts do not speak English well.

The implications for Texas are especially troubling, given that one-fifth of the nation's Hispanic children live in the state, according to the Civil Rights Project.

It isn't just a problem for minority kids.

One in 10 Texas students vanishes from high school each year to an uncertain future, according to the state.

As bad as that number seems, the reality is probably worse. Many experts say the state undercounts dropouts. Three in 10 students who enter ninth grade don't graduate, according to an index developed by Johns Hopkins University researchers that compares the number of 12th-graders with the number of ninth-graders four years earlier.

Texas Education Agency spokeswoman Debbie Graves Ratcliffe said the agency counts dropouts using a variety of methods [depending upon the result they want for their PR], including an attrition rate similar to the index. But independent studies and attrition rates don't take into account students who move, she said.

We all know Republicans don't care much for that accountability.

posted by CouldBeTrue

Texas Public Education Watchdog Authority: Dear Chuy Hinojosa, Florence Shapiro and distinguished Education Committee Members

2007-05-27T02:25:00.000-07:00

Texas Public Education Watchdog Authority: Dear Chuy Hinojosa, Florence Shapiro and distinguished Education Committee Members

Just give us (Education) the Lottery Proceeds as per original bill of sale. The Lottery was sold to us (the voters of the great State of Texas) as 100% of the proceeds were for Educating our youth.

What percentage of the Lottery proceeds (currently) are dedicated to the education of our youth?

Why is it, the wealth always steals from our children after acting like they were creating, “doing it for th kids” huge reservoirs of Avarice to siphon off.

Like the Lottery originally was ratified by the people of the Great State of Texas with the belief ot was a moneymaker for our Children’s Education. And now how much of the Lottery revenue makes it to Public Education?

Perry Craddick & Corporate Welfare in the name of WIA, ED Byrne Grant, and under the guise of helping the poor.

With the Education funding we should demand that the dedication of lottery money to the Education of our Children be adhered to as it was sold to Texas. The Lottery when legislated was for the Education of Texas Students. Finally, the Private Sector is funded under the WIA slush fund for Corporate Welfare Recipients under the Guise of a Welfare Reform or Welfare to Work / JOB generating program to help the poor. The rich are getting richer in the name of helping the poor. And one needs to always remember it is both parties dippin into the creative crony contractualism. Give it a title, write a grant and set up a front office with a computer and a sign; then get some brochures and a few token clients and funnel the Avarice in a shell game like manner and voila a new ranch or a new house maybe an agency hummer or King Ranch Pickup Truck with a magnetic sign. Give a few JOBS to your network affiliates and send the clients to perform community based work and get rich and richer doing it. Ask Mary Cano or Oscar Martinez to explain it in detail. Charmed I'm sure.

TFT LEGISLATIVE HOTLINE--FRIDAY, MAY 25, 2007
>(copyright 2007 Texas Federation of Teachers)
>
>Proposed State Budget Shortchanges Schools and Educators; Keep Up the Fight
>For House TRS Plan; House at a Standstill as Speaker Clings to Power
>
>Proposed Budget Shortchanges Public Schools, Education Employees: TFT
>President Linda Bridges put out a press statement today deploring the
>results of the House-Senate conference committee on the 2008-2009 budget.
>The state budget plan in House Bill 1 still must win the approval of
>majorities in both the House and Senate. As President Bridges' statement
>below explains, HB 1 in its current form does not deserve that approval:
>
>"Education and educators would be shortchanged badly in the budget proposed
>by House-Senate conferees this afternoon. Based on the information
>currently
>available, school funding would remain static, not even getting back to the
>level of state and local funding school districts had in 2002 in real
>terms, after you take inflation into account. The $850-a-year
>cost-of-living pay raise for teachers passed by the House last month would
>shrivel to about $425, according to the legislative budget staff. If paid
>out to all teachers across the board, this would amount to less than $25 a
>month after taxes and deductions--not even enough to cover the cost of
>rising average health-care premiums. And the conferees took pains today to
>say the money would not even have to be paid out across the board to all
>teachers.
>
>"Worst of all is what this budget proposal would do regarding TRS pension
>benefits. The bill would withhold an eminently affordable and exceedingly
>modest pension boost--a 13th check for TRS retirees--unless other
>legislation passes
>to impose new levies on all current school employees. The only way retirees
>would get a 13th check, under this scheme devised by Sen. Robert Duncan,
>would be if active school employees pay a higher contribution rate, taking
>roughly $50 million a year out of their pockets. This plan totally
>contradicts the House legislation passed unanimously on Wednesday that
>would provide a 13th check for retirees fully funded by the state, without
>imposing any new levies on active employees.
>
>"In short, school districts under this budget would regain none of the
>ground they have lost financially, teachers would get at best a measly pay
>raise of less than $25 a month that wouldn't even keep up with inflation,
>and 300,000 school support personnel would suffer an actual pay cut, as a
>result of the higher levies imposed on them for TRS with no compensating
>increase in pay. You have to give the
>conferees credit--it takes a certain ingenuity to come up with a plan this
>bad at a time when the state is sitting on a record-high budget surplus."
>
>Keep Up the Fight for House TRS Plan! At this writing members of the Texas
>House are standing firm in support of their unanimously approved plan for a
>13th check for TRS retirees, funded by an increase in the state
>contribution rate to 6.7 percent, with no new costs imposed on active
>school employees. Several Senate offices reported to us today that they are
>receiving a high volume of calls in support of this House version of SB
>1846--as well they should be. The Senate alternative proposed by Sen.
>Robert Duncan, Republican of Lubbock, is a thinly veiled attempt to shift
>state costs for TRS pensions onto active employees and their school
>districts.
>
>Duncan let slip the real agenda during floor debate on his plan,
>noting that increasing the TRS levy on active employees and requiring a
>contribution from school districts could "free up general revenue for other
>purposes." In other words, this scheme would allow the state to save money
>by shifting costs onto education employees and local taxpayers.
>
>Duncan's staff in response to callers today reportedly was claiming that
>the freshly hatched budget deal (see above) means that there's no money and
>no time left to provide this session for the 6.7-percent state contribution
>rate that the House proposes. But that's not so. The legislature has
>billions of dollars left to allocate right now, and it would take only a
>tiny fraction of that treasure--less than 1 percent of it, in fact--for the
>state to get to the 6.7-percent TRS contribution rate from the 6.58 percent
>already built into the budget. Even if the budget bill passes in its
>current form, the
>House plan for a fully state-paid 13th check with no new costs imposed on
>active employees could also still pass and become law with full force and
>effect, delivering a 13th check in September.
>
>The upshot is that you have an opportunity right now to shape the outcome
>of this TRS benefit fight in the critical remaining days before adjournment
>of the legislative session on Monday. Just send the letter on this issue to
>your state senator from the TFT Web site. If you don't know your state
>senator, you can find out quickly when you go to that Web letter.
>
>Speaker's Grip on Gavel Threatened: The Texas House came to a standstill at
>8 PM this evening, as Speaker of the House Tom Craddick shut off House
>members' microphones and called a three-hour recess to head off a
>rank-and-file revolt
>threatening to oust him from the speaker's chair. The Midland Republican is
>under heavy fire from both fellow Republicans and Democrats for what many
>consider his tyrannical rule of the House. Tonight he gave them new grist
>for their argument, by ruling that there is no appeal to the membership as
>a whole if he blocks the parliamentary procedure needed to oust him. His
>ruling, epitomizing the arbitrary, one-man rule of which Speaker Craddick
>stands accused, apparently has led to the resignation of the House
>parliamentarian in protest this evening. Like everyone else at the capitol,
>we are now waiting to see if the House will actually reconvene tonight.
>Keep an eye out for news of the latest developments in the daily TFT
>hotlines that will be published each of the next three days as the
>legislative session hurtles toward final adjournment.

Senate Committee on Education

Committee Information

Chair

.Florence Shapiro

Vice-Chair

.Kyle Janek

Members:

.Kip Averitt
.Steve Ogden
.Dan Patrick
.Leticia Van de Putte

.Royce West
.Tommy Williams
.Judith Zaffirini

musings: Echo Chamber

2007-05-25T23:03:00.000-07:00

musings: Echo Chamber....

The new House Parliamentarian, Terry Keel (former state rep. HD-47), is the man behind the curtain telling the Wizard of Tom what to say. Then, Craddick parrots back the Keel-speak to the Chamber.

Keep Your Promises Solly. Remember Miller? Why are CCISD Students still running at large during school day hours?

2007-05-25T01:38:00.000-07:00

CCISD: Why are CCISD Students allowed to run at large during school day hours?

Education is for our Children, our Youth, our Future. Children and Youth need constant redirection and set boundaries at home and at school as well. When a minor is allowed to run at large during the school day hours whether it is in the halls, leaving or returning a closed campus or simply unaccounted for is irresponsible of the caretaker whose custody in which he / she is placed.
Kenedeno

An absent student is one who does not arrive at school in the morning and is absent for the WHOLE Day. The student was never on campus. The Parent is responsible for the student getting to school (requiring the student to attend school). If the student does not get to school it is the Parent’s responsibility not necessarily the Parent’s fault. There are circumstances where the student will walk in the front door and out the back door without attending a single class. This is where the attendance officers need to improve their due diligence like the old days.
Once the student is counted present in the morning; the Parent has required the student (child) to attend school. Once the student is verified in attendance at the beginning of the school day the student is in the custody of the School.
If the student is tardy or skips class (on campus or off campus) this happens on the watch of the school. The Parent if informed should cooperate and communicate with the School Counselors Administrators and the Attendance Officer to correct the behavior. The Security and Attendance officer should take notice and tighten the belt. This is a security issue as well; there is no excuse for students coming and going outside of the lunch period and it is imperative that attendance irregularities be dealt with within 24 hours. This is easily done with our modern technology.
Instead, what we are seeing is the Attendance Officers documenting the absences as they accumulate and filing on the Parent and student when the number of absences are achieved.

Solly, did you forget about the issues and the kids at Miller and CCISD as a whole?

South Texas Chisme: Chisme roundup

Posted on May 15, 2006 at 06:55:18 PM by Jaime Kenedeno ... sources at ccisd downtown have said that a miller hs asst. principal has become a whistleblower. ...
stxc.blogspot.com/2006/05/chisme-roundup.html - 48k - Cached - Similar pages - Note this

South Texas Chisme: Solomon Ortiz Jr. on the ballot for State Rep D33!

I am Jaime Kenedeno of South Texas. A simple Google search will inform you more of WHO I Am. ... The credentials of Noyola and the CCISD / Miller fiasco was ...
stxc.blogspot.com/2006/08/solomon-ortiz-jr-on-ballot-for-state.html - 31k - Cached - Similar pages - Note this

South Texas Chisme: Truth? you cant handle the truth!

That hadn't happened in years, that is why Miller was facing sanctions from the feds (before noyola's time). And Kenedeno is right, we can't support the ...
stxc.blogspot.com/2006/07/truth-you-cant-handle-truth.html - 35k - Supplemental Result - Cached - Similar pages - Note this

South Texas Chisme: New block walking program in Corpu$

Posted on May 29, 2006 at 01:28:04 AM by Jaime Kenedeno ... Roy Miller’s political skills, vision brought Corpus Christi into the modern era ...
stxc.blogspot.com/2006/05/new-block-walking-program-in-corpu.html - 42k - Supplemental Result - Cached - Similar pages - Note this

South Texas Chisme: Lets see how you dance to this tune

All the Talk Radio stations will be talking about the Miller HS issue as well as ... From: Jaime Kenedeno [mailto:kingalonzoalvarezdepinedaxiii@gmail.com] ...
stxc.blogspot.com/2006/07/lets-see-how-you-dance-to-this-tune.html - 46k - Supplemental Result - Cached - Similar pages - Note this

South Texas Chisme: Race for State Rep. District 33 gets HOT

It said that the whistleblowers name at Miller was former assistant ... Jamie Kenedeno, no I just thought it would be fun to do something like that poem. ...
stxc.blogspot.com/2006/07/race-for-state-rep-district-33-gets.html - 43k - Supplemental Result - Cached - Similar pages - Note this

South Texas Chisme: Who's the REAL enemy?

... Sr. attempts to manipulate the vote and his performance at Miller HS last year. ... Jaime Kenedeno/Haley, Who Knows why he writes anything that he does. ...
stxc.blogspot.com/2006/09/whos-real-enemy.html - 53k - Supplemental Result - Cached - Similar pages - Note this

South Texas Chisme: PULP FICTION & The Award Winning Caller-Times

... an article on July 23rd entitled PAPER WON’T REPORT RUMORS AT MILLER HIGH, ... Thanks for watching my back, Kenedeno. At 4:19 AM, Jaime KenedeÃ±o said. ...
stxc.blogspot.com/2006/07/pulp-fiction-award-winning-caller.html - 22k - Supplemental Result - Cached - Similar pages - Note this

South Texas Chisme: Dangerous chisme?

When we write something us here at Kenedeno & Associates believe it to be true. ... in example will be the one that Danny Noyola was removed from Miller. ...
stxc.blogspot.com/2006/06/dangerous-chisme.html - 27k - Supplemental Result - Cached - Similar pages - Note this

South Texas Chisme: HD 33 shuffle

Danny Noyola, Sr., recently reassigned from Miller HS principal to Moody assistant principal, ... Posted on July 3, 2006 at 09:51:17 PM by Jaime Kenedeno ...
stxc.blogspot.com/2006/07/hd-33-shuffle.html - 37k - Supplemental Result - Cached - Similar pages - Note this

South Texas Chisme: Once again the Caller times tells only half truth

-Jane Wall – Current teacher and former Miller HS journalism instructor “As a Precinct chair, ... Political Pulse: Kenedeno’s Political Pulse ...
stxc.blogspot.com/2006/08/once-again-caller-times-tells-only.html - 32k - Supplemental Result - Cached - Similar pages - Note this

Texas Public Education Watchdog Authority

CCISD: TAKS (Most Correct Answer): “I didn't fail the test, I just found 100 ways to do it wrong”

2007-05-24T05:25:00.000-07:00

CCISD: TAKS (Most Correct Answer): “I didn't fail the test, I just found 100 ways to do it wrong”

Need to read the Big Picture Click on Picture for Large Image

“The secret of education lies in respecting the pupil.”

Too often students are given answers to remember, rather than problems to solve”
Roger Lewin

“Instead of a national curriculum for education, what is really needed is an individual curriculum for every child.” Charles Handy

“The only thing more expensive than education is ignorance.”

“Being ignorant is not so much a shame, as being unwilling to learn.”

South Texas Judicial Watch Dog Authority: Dear Officers of the Court, submitted for further investigation

2007-05-22T00:26:00.000-07:00

South Texas Judicial Watch Dog Authority: Dear Officers of the Court, submitted for further investigation

In Re: State v Villa

Do a little research on Del Mar College's in house counsel, Sean Meredeth, DMC Auditorium, Ballet Nacional, little girls, Joe Alaniz, and the relationship with our DA

Why is this evidence not included in the current prosecution of Villa?

Why not drag the whole bunch down to the Courthouse?

Friends of the Prosecution or not, enough of the selective prosecutions. Plaisted, Applebee, and the one's who covered it up at Parkdale Baptist & St Joseph's here in the Jurisdiction of the Nueces County / 105th District Attorney. Zealously

Possible Brady Material?

Does this material not merit a Grand Jury Investigation?

Pervert in Auditorium

CCISD: Freedom of Information Request: The process the CCISD Board used is unethical and unfair.

2007-05-20T04:37:00.000-07:00

CCISD: Freedom of Information Request: The process the CCISD Board used is unethical and unfair.

CCISD: Freedom of Information Request: The process the CCISD Board used is unethical and unfair.

Freedom of Information Request

This Publication request any and all communications including email and written correspondence from one week before Trustee Harry Williams resigned.

Must I formalize it on Monday?

Think I am bluffing?

You gotta ask yourself

Do you feel lucky?

Well Do ya?

Go ahead.........

You guys get the idea?

Now, don't go and seek the OAG's opinion as it will delay our children.

Just fess up and conduct business with honor and integrity and at least give us an appearance of due process. Not one black appointment. You guys are definitely walking on thin ice or maybe already fallen through but just don't know it. Such inadequacy is unacceptable.

CORPUS CHRISTI - CCISD school board members interviewed five candidates Friday to fill the board position vacated by Reverend Harry Williams.

The school board said it will set another meeting to discuss the finalists, and will possibly make a decision then, but still no word on when that would be.

Williams served the school board for more than seven years before resigning last month.

Nick Adame

"Do not be a disservice to our community and choose because this guy is my friend or this guy is my business associate," Dr. Nick Adame said. "I don't want to hear that. I want to hear that we're going to choose somebody because they're going to do right for the community."

Last week, the board narrowed the list of 20 candidates to five

Kenedeno:

Where is the criteria the process for "narrowing the list"?

The process the CCISD Board used is unethical and unfair. Every single applicant took the time to fill out an application, and the thought process for the letter of interest and update of their resume and references. For all intensive purposes this CCISD Board just threw that work product into the trash can while opting for business partners, friends cronies and industry allies.

It is not about the 5 selected it is about how the 5 were selected. It is not about Barrera or Prezas or Bill Clark or Lucy Rubio.

It is about a change of policy where policy is defined by processes of the past. Lucy is the only one with the guts to make the motion, "for the board to scrap the current process and start over. There was no second to the motion." Are there others in that room who agree with her, but politically, they are bound & gagged. The current process is in conflict with current policy. The current process is now a civil rights issue. Is that what CCISD wanted, another Cisneros v CCISD?

We have 19 Candidates who deserve Equal Opportunity and fair consideration. It is called due process.

1. Herbert Cromwell Arbuckle, III Retired Teacher
2. Rolando G. Barrera Insurance Agent
3. Tony C. Diaz, Ed.D. Retired CCISD Administrator
4. Victor Frazier, Ed.D. Minister and University Instructor
5. Cezar Galindo Business Owner and College Instructor
6. Marsha Lynn Grace Professor of Education
7. Coretta Graham Lawyer
8. Helen Gurley, Ph.D. Educator, Director of Academics
9. Patricia Harris Educator
10. Robert Elliott Jones Pastor and Business Manager
11. Deborah W. Johnson Retired Firefighter
12. Bradford Lee Kisner Director of Music and Fine Arts
13. Verna Faye Portis Retired CCISD Administrator
14. Raul R. Prezas, Ed.D. College Professor
15. Norman Haden Ransleben Certified Public Accountant
16. Woodrow Mac Sanders Medical Social Worker
17. Ronald G. Sepulveda Athletic Aquatic Superintendent
18. George Wetzel Retired Public School Administrator/Consultant
19. Goldie Lamarr Wooten Retired Educator

Rubio has said she disagrees with the selection process and would have preferred to use a scoring system instead.

Trustees selected the five candidates to be interviewed by each nominating one from a pool of 20 applicants.

We elect you guys to represent the district with honor & integrity

But before trustees interviewed the first candidate, trustee Lucy Rubio motioned for the board to scrap the current process and start over. There was no second to the motion.

Rubio has said she disagrees with the selection process and would have preferred to use a scoring system instead.

CCCT Editorial

The trustees' refusal to lay out the cards is beyond irritating; it borders on the outrageous.

Particularly disturbing is the fact that three new trustees elected last year - Carol Scott, John Longoria and Dwayne Hargis, all of whom emphasized their intent to bring new openness to the board - appear to have bought into the mum's-the-word ethos that has dominated this exercise.

To be sure, they (and their colleagues) could, and should, reverse their field.

CCISD Trustees: Pick and choose Policy Making with malice. Shame on YOU.

CORPUS CHRISTI - CCISD school board members have decided not to change their policy which forbids seniors who fail the TAKS from graduating.

One parent we spoke with Thursday said the policy didn't make sense, because while students who fail the TAKS test during the school year aren't allowed to take part in graduation ceremonies. The same doesn't hold true for summer school grads. They're allowed to participate in summer graduation ceremonies without knowing whether they passed the test.

The decision didn't sit well with some parents and students.

School board member Lucy Rubio had hoped to amend the policy, and allow seniors who failed the TAKS to at least walk in with their class during may commencement. But other school board members didn't agree.

Parkdale Bank: According to Gambi Gamboa, "John Longoria, Carol Scott and Dwayne Hargis already have chosen and will officially choose Roland Barrera

2007-05-16T01:28:00.000-07:00

Parkdale Bank: According to Gambi Gamboa, "John Longoria, Carol Scott and Dwayne Hargis already have chosen and will officially choose Roland Barrera as soon as Fri

After analyzing the recent events surrounding the resignation of CCISD Board Trustee Harry Williams (1 of 3 at large district positions); one thing IS clear. That one thing is Due Process (or lack of it). Immediately one's memory of search firm fiascos and the CCISD Board tool of choice, the Interim Superintendent buffer / scapegoat. The process was elaborate and ethical reasons or rule were claimed as the reason for the process.

Well, why such a rush fellas?

Why is the CCISD board in such a hurry to fill this position?

A Superintendent position and a Trustee position; one we wine, dine and lodge and the other we announce for applications for a month or so and "narrow the list down" from 20 to 5 in most expedient fashion. Now, making a long story short we have 20 candidates who invested their creative, intellectual and professional abilities into a work product they hope will be scrutinized by the Board and be successfully competitive. A good letter of interest comes only from the heart. The application is at times tedious but at least it is more objective than the TAKS. Updating one's resume and with a list of references most meaningful to the position and all of this for 15 to get thrown in the trash can and the 5 resumes remaining are to place on public display

full story here

"I'll be as hardy of mind as I am of body. I'll be a straight-shooter and a square-dealer. My family name will be sacred My word will be as good as any contract. I'll remember the Alamo. I'll stick by my friends. And I'll eat more chicken-fried steak."

"IN THE KNOW": Carlos Truan | Hugo Berlanga & The Primrose Path & Rangel Law School @ Texas A&I University.

2007-05-07T03:51:00.000-07:00

"IN THE KNOW": Carlos Truan | Hugo Berlanga & The Primrose Path & Rangel Law School @ Texas A&I University.

Nueces De La Parra: Corpus Christi Watchdog Authority: When the District Attorney has questions and the SOS has cleared the Candidate to run, how can

2007-05-03T15:04:00.000-07:00

Corpus Christi Watchdog Authority: When the District Attorney has questions and the SOS has cleared the Candidate to run, how can there be criminal proceedings?

Whichever suits the interest of the "Pick and Choose" self dealers of Del Mar College. The voters made their choice; but it is not the choice of the "Pick and Choose" self dealers, so they whine. Always changing the rules in the middle of the process and calling it due process and they actually believe their own prevarication. It is requested that the AG attend the board meetings and closed sessions in the interest of Del Mar Taxpayers, Faculty and Student body as the AG did in the Kenedy Foundation debacle with Rene Gracida.

BWAHAHAHAHAHAHAHA!!!!!!!!!

Texas Monthly Web Press: "CHIP is good medicine for Texas children and good for Texas

2007-04-05T04:08:00.000-07:00

Texas Monthly Web Press: "CHIP is good medicine for Texas children and good for Texas

Nueces County Watchdog Authority: Dear State Representative Solomon P Ortiz, What happened to "a reasonable good faith effort" ?

2007-03-18T09:43:00.000-07:00

Nueces County Watchdog Authority: Dear State Representative Solomon P Ortiz, What happened to "a reasonable good faith effort" ?

TWO WORDS "Recalcitrant Parent" are not much to ask when you respect the 74th Legislature's Policy decision?

2007-03-18T09:08:00.000-07:00

Kenedeno & Associates

Public Policy Advocates

Anton S Haley

4910 Lavaca

Corpus Christi, TX 78411

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

(361) 851-2851

March 18, 2007

Solomon P. Ortiz Jr.

P.O. Box 2910

Austin, TX 78768-2910

Dear State Rep Solomon Ortiz Jr.,

Thank you for your response to the issues with Section 25.093 of the Education Code. Truancy is indeed a serious concern for myself as a parent and for our community as a whole. If you remember it was a very heated issue during the Precinct chair election in which Kenedeno & Associates, in combination with your attributes and network that brought fairness and balance to the unleveled field. It was the written word that reached the precinct chairs. It was the written word that allowed them to become informed and make up their own minds. And it was the written word that provided the security and comfort zone to vote the way they felt was appropriate. The Miller issues revolved around this law and it was the Principal and his administrators who were blamed.

Unequivocally, when a parent places his child in the custody of a School Administration: The Parent requires the child to attend school if the child is present at beginning of the day!

TEXAS EDUCATION CODE Sec. 25.093 & 25.094 is derived from the TEXAS EDUCATION CODE Sec. 4.25. Thwarting Compulsory Attendance Law which stated,

(a) If any parent or person standing in parental relation to a child, within the compulsory school attendance ages and not lawfully exempt or properly excused from school attendance, fails to require such child to attend school for such periods as required by law, it shall be the duty of the proper attendance officer to warn, in writing, the parent or person standing in parental relation that attendance must be immediately required. If after this warning the parent or person standing in parental relation intentionally, knowingly, recklessly, or with criminal negligence fails to require the child to attend school as required by law, the parent or person standing in parental relation commits an offense. The attendance officer shall file a complaint against him in the county court, in the justice court of his resident precinct, or in the municipal court of the municipality in which he resides. An offense under this section is punishable by a fine of not less than $5 nor more than $25 for the first offense, not less than$10 nor more than $50 for the second offense, and not less than $25 nor more than $100 for a subsequent offense. Each day the child remains out of school after the warning has been given or the child ordered to school by the juvenile court may constitute a separate offense.

“If after this warning the parent or person standing in parental relation intentionally, knowingly, recklessly, or with criminal negligence fails to require the child to attend school as required by law, the parent or person standing in parental relation commits an offense”.

It appears in 1989, Section 4 of the Texas Education Code was amended (avoiding the public radar) into a idealistic “mission statement” rendering it a toothless but altruistic statement.

_{ch. 658 § 11, 1989 Tex Gen. Laws 2165, 2168, amending § 4.25, Education Code (Thwarting Compulsory Attendance Law)}

The incorporation of the Compulsory Attendance Law and the Thwarting thereof into Section 25 “Admission, Transfer and Attendance” excluded the “intentionally, knowingly, recklessly, or with criminal negligence” qualifier. Also, please take notice of the fine amounts clause “not less than $5 nor more than $25 for the first offense, not less than$10 nor more than $50 for the second offense, and not less than $25 nor more than $100 for a subsequent offense”.

An absent student is one who never arrives at school in the morning and is absent for the WHOLE Day. The student was never on campus. The Parent is responsible for the student getting to school (requiring the student to attend school). If the student does not get to school it is the Parent’s responsibility not necessarily the Parent’s fault. There are circumstances where the student will walk in the front door and out the back door without attending a single class. This is where the attendance officers need to improve their due diligence like the old days.

Once the student is counted present in the morning; the Parent has required the student (child) to attend school.

Once the student is verified in attendance at the beginning of the school day the student is in the custody of the School.

Is the Parent, by taking the child to school (and the child is accounted for as in attendance), “intentionally, knowingly, recklessly, or with criminal negligence failing to require the child to attend school”?

When the student is tardy or skips class (on campus or off campus) it is happening on the watch of the school. The Parent should cooperate and communicate with the School Counselors Administrators and the Attendance Officers to correct the behavior.

The Security and Attendance officers should take notice and tighten the belt. This is a security issue as well; there is no excuse for students coming and going outside of the lunch period and it is imperative that attendance irregularities be dealt with within 24 hours. This is easily done with our modern technology. Instead, what we are seeing is the Attendance Officers documenting the absences as they accumulate and filing on the Parent and student when the number of absences are achieved. (Like to meet a quota.)

Below are a few excerpts out of the legislation from the 74^th Legislature authored by Bill Ratliff

“7-23 (2) the unexcused voluntary absence of a child on 10

7-24 or more days or parts of days within a six-month period or three or

7-25 more days or parts of days within a four-week period from school

7-26 without the consent of his parents”;

That is called a permission slip where I went to school. The HD #33 State Rep and the South Texas Delegation need to do what is best for South Texas. Make a law like the

“5-11 (15)  "Status offender" means a child who is accused,

5-12 adjudicated, or convicted for conduct that would not, under state

5-13 law, be a crime if committed by an adult, including:

5-14 (A) truancy under Section”51.03(b)(2);”

“50-6 (d) 3)  the person <child> and the person's <child's>

50-7 parents, managing conservator, or guardian attend a class for

50-8 students at risk of dropping out of school designed for both the

50-9 person <~~child~~> and the person's <~~child's~~> parents, managing

50-10 conservator, or guardian;”

“(e)  An order under Subsection (d)(3) that requires the

50-22 parent, managing conservator, or guardian of a person to attend a

50-23 class for students at risk of dropping out of school <~~(d) of this~~

50-24 ~~section~~> is enforceable in the justice court by contempt.”

“ 52-19 (2) the child's parents, managing conservator, or

52-20 guardian attend a parenting class or parental responsibility

52-21 program if the court finds the parent, managing conservator, or

52-22 guardian, by wilful act or omission, contributed to, caused, or

52-23 encouraged the child's conduct; or

52-24 (3) the child and the child's parents, managing

52-25 conservator, or guardian attend the child's school classes or

52-26 functions if the court finds the parent, managing conservator, or

52-27 guardian, by wilful act or omission, contributed to, caused, or

53-1 encouraged the child's conduct.”

“60-12 (g) On a finding by the court that a child's parents or

60-13 guardians have made a reasonable good faith effort to prevent the

60-14 child from engaging in delinquent conduct or engaging in conduct

60-15 indicating a need for supervision and that, despite the parents' or

60-16 guardians' efforts, the child continues to engage in such conduct,

60-17 the court shall waive any requirement for restitution that may be

60-18 imposed on a parent under this section.”

a reasonable good faith effort

144-3 (2) the unexcused voluntary absence of the child on 10

144-4 or more days or parts of days within a six-month period or three or

144-5 more days or parts of days within a four-week period from school

144-6 without the consent of the child's parent, managing conservator, or

144-7 guardian;

145-17 (b)  A parent, managing conservator, guardian, or other

145-18 member of the child's household who violates a court order under

145-19 Section 264.305 by failing to participate in services provided by

145-20 the department is subject to contempt of court. The court may

145-21 under its contempt powers impose a community service requirement.”

Furthermore, 74R SB 1 was authored by Senator Ratliff; while the Sponsor was Sadler. In this legislation, the term Recalcitrant Person cogently replaced the “intentionally, knowingly, recklessly, or with criminal negligence failing to require the child to attend school” Parent.

“464-14 (7) <~~, or~~> to file a complaint against any

464-15 recalcitrant person having parental control as provided in Section

464-16 25.090; and

464-17 (8) <~~4.25 of this code, or~~> to file a complaint

464-18 against a student <~~pupil~~> for a violation of Section 25.091”

In response to your statement, “You say that you are doing everything you can to require your child to attend school and feel that you are being prosecuted unjustly”.

This is not about me Solly, I have the ability to defend myself and I will do so eloquently in a very public manner. I am presenting you with an unjust law, a law that injures many of your constituents and many of your esteemed colleague’s constituents as well. I am also providing you an insight as one who has attended public school and graduated from public school right here in Corpus Christi (CCISD).

However, the 74th Legislature decided that the best way to compel a child's attendance was to put pressure on the parent. While I understand the difficult and frustrating situation you are in, 1 also respect the 74th Legislature's policy decision and will not be filing any legislation regarding this issue at this time.

It is not the best way but the most expedient. As defined by your own words Solly, “(You) respect the 74th Legislature's policy decision”, it is requested that the cogent qualifier “Recalcitrant Person” be put back into the law.

As far as the JP Courts are concerned, an Attorney was consulted; the District Attorney; he has issued a directive to the JP’s consistent with the law. JP’s are not legally trained and have not the power to confine. Awaiting your response I remain.

Respectfully Always,

Anton S Haley

The wealth always steals from our children after acting like they were creating, "doing it for th kids"

2007-03-02T02:45:00.000-08:00

In response to the Article written by
Texas Liberal
Poor Children Should Die To Ease Strain On Public Resources

The Texas Legislature is debating what to do about the Children’s Health Insurance Program. In 2005 the program was cut and many Texas kids were kicked off health insurance.

Full Story

The CHIPS Program is for our children. It is for the working class people who dont get the fat benefits package. Why is it, the wealth always steals from our children after acting like they were creating, "doing it for th kids" huge reservoirs of Avarice to siphon off.

Like the Lottery originally was ratified by the people of the Great State of Texas with the belief ot was a moneymaker for our Children's Education. And now how much of the Lottery revenue makes it to Public Education?

Back to the CHIPS insurance program, did you guys realize Medicaid bills $600 per month per family member.

So for a household of 4 you would be looking at 2400 per month.

Ching Ching!!!

Somebody be gettin rich off of the poor.

HD ## REP Solomon Ortiz JR is one of the good guys in this battle.

I really hope the partisan posturing will dissipate.

How much does your insurance cost?

RCDC is currently the subject of an FBI and Texas Ranger investigation into tampering with government documents.

2006-12-05T20:35:00.000-08:00

Features > February 4, 2005
Cashing in on Cons
Undercover at the American Correctional Association’s 2005 Winter Conference
By Silja J.A. Talvi

Sidebars
A Dubious Distinction: Corrupting the prison accreditation process
Do You Like Adventure?: Exporting the fun of correctional services to Iraq
The Wild, Wild West: "Sheriff Joe" Arpaio's unorthodox techniques
In 1971, investigative journalist Jessica Mitford attended the 101st Congress of the American Correctional Association (ACA) in Miami Beach. The ACA was founded in 1870 as the National Prison Association by reform-minded wardens who saw promise in the rehabilitation, religious redemption and humane treatment of prisoners. By 1971 they had developed a substantial membership, attracting 2,000 attendees to that year’s congress.

In her seminal 1973 book, Kind and Usual Punishment: The Prison Business, Mitford reported that the organization had shifted its focus from reforming and rehabilitating prisoners to reaping profit from incarceration. Exhibitors, she wrote, sold everything from tear gas grenades to stun gun prototypes. And with prisons facing costly lawsuits instigated by prisoners, litigation, Mitford wrote, was “very much on everybody’s mind.”

Thirty years later, how much has changed?

The 2005 winter conference in Phoenix—attended by an estimted 4,000—found the ACA still touting its principles: “Humanity, Justice, Protection, Opportunity, Knowledge, Competence and Accountability.” The organization stresses that it brings together individuals and groups “that share a common goal of improving the justice system.” But with the prison industry now bringing in annual revenue of $50 billion, the ACA seems most intent on “improving” profits.

Today’s ACA is a sleeker version of the organization Mitford examined, complete with online certification courses for correctional employees (starting at $29.95) and an expensive prison accreditation process that claims to instill transparency and accountability. Members are enticed to earn accreditation in order to receive up to a 10 percent discount on prison liability insurance (see “A Dubious Distinction”).

Keeping litigation costs down is only one way prison corporations profit from incarceration. In addition, for-profit prisons also increase revenues by contracting with other corporations to provide substandard or overpriced services to prisoners. In some states, companies like Microsoft pay prisons to employ prisoners at wages far below market rates.

Taking advantage of the unprecedented prison boom of the late ’80s and ’90s, prison administrators, politicians, lobbying firms and corporate boards created a prison-industrial complex in which everyone benefits except the prisoners.

In 1980, federal and state prisons incarcerated 316,000 people. In 1990, that number had grown to 740,000, not including jail populations. By 2000, the number of prisoners had surpassed 1.3 million. Prison construction accompanied this growth: More than 1,000 prisons are now in operation, and each new prison comes with a bevy of contracts for construction and services.

The ACA conference is where many of these transactions are cemented.

Noting that the prison population may have reached its apogee, ACA President Gwendolyn C. Chunn told members at the conference, “We’ll have a hard time holding on to what we have now.” But attendees seemed more than willing to try; everyone at the conference seemed to be riding high on the promise of growth, expansion and profits.

Just business
This conference’s theme was “Corrections Contributions to a Safer World,” and the conference program didn’t try to hide the gathering’s militaristic bent. The cover of the 201-page ACA booklet featured a soldier with an enormous phallic tank gun, superimposed over the blue planet earth. And ACA’s three keynote speakers were prominent conservatives or military officers: retired Gen. Anthony Zinni, Michael Durant, the pilot of Black Hawk Down fame, and disgraced Homeland Security nominee Bernard Kerik.

The conference was financially supported by private prison giants such as the Corrections Corporation of America (CCA), the GEO Group (formerly known as Wackenhut), Correctional Services Corporation (CSC) and Correctional Medical Services (see “Detention Blues,” July 5, 2004 for background on CSC). The titles of the dozens of overlapping workshops indicated what the ACA defined as the latest trends in corrections: “Faith-Based Juvenile Programming,” “Anti-Terrorism in Correctional Facilities,” and “Can’t Simply Paint it Pink and Call it a Girl’s Program.”

One workshop—“Intensive Medical Management: How to Handle Prisoners Who Self-Mutilate, Slime, Starve, Spit and Scratch”—featured footage of a non-violent paranoid schizophrenic in Utah being forcibly extracted from his cell and then tied down to a restraint chair. After being strapped down naked for 16 hours, the delusional prisoner died. The session was facilitated by Todd Wilcox, the medical director of the Salt Lake County Metro Jail, who used the imagery as an example of how to avoid costly litigation. “Don’t get personal with this,” Wilcox said. “It’s just business.” He reminded the audience how important it is to sever the “emotional leash” that guards and nurses can form with inmates. He also referred to some mentally ill patients with “Axis II disorders” as “the people we affectionately call ‘the assholes.’ ”

Pain for a price
The real draw of the ACA conference was the exhibitors, who had two full days to showcase their wares. The exhibition hall corridors had been given names like “Corrections Corporation of America Court,” “Verizon Expressway,” “Western Union Avenue,” and “The GEO Court Lounge,” where one could sip Starbucks and eat free glazed doughnuts.

Here, the discussions were all about increasing profit margins, lessening risks and liabilities, winning court cases, and new, improved techniques and technologies for managing the most troublesome inmates. In the glaringly bright exhibit hall, attendees buzzed around booths, snapping up freebies and admiring the latest in prison technology.

Exhibitors hawked restraint chairs, tracking systems, drug-detection tools, suicide-prevention smocks and prison facility insurance. Dozens of companies competed to sell private health care systems, pharmacy plans, commissary services and surveillance systems. Of particular interest were behavior modification programs, juvenile boot camps, and Internet and phone services. Interest in the latter brought in the “big boys” of telecommunications: Sprint, AT&T, NEC, MCI Communications, Verizon, Global Tel*Link and Qwest. And why not? Prison phone contracts that overcharge prisoners and their families generate an estimated $1 billion a year.

The range of products went on from one corridor to the next: storage systems, money wiring, surveillance, security transport, fencing and prison medical packages. (Industry giant Prison Health Services brought in rescued owls and hawks to draw crowds. What was the connection to prison health? “Oh, nothing!”) Vendors who couldn’t afford dog-and-pony shows handed out free bags, pens, toothpicks, mugs, tape measures and sugarcoated churros. The exhibitors who didn’t need giveaways to draw crowds included weapons manufacturers Smith & Wesson, Glock and Taser International.

Two smiling exhibitors, standing behind the Taser booth, allowed the curious to handle the latest in 50,000-volt stun gun technology. On the Taser table a video looped on a monitor. It depicted a naked African-American man being chased down by police officers. Shot once he’s shown falling hard to the ground. Tasered again, his body shudders, before collapsing altogether. The contextless footage was meant to illustrate the efficacy of the stun gun, used by more than 6,000 police departments, that had become the leader in the “non-lethal weapons” industry—that is, before a spate of negative press, including reports of an SEC investigation, had put the company’s stock price into a tailspin.

In November 2004, Amnesty International issued a report that blamed at least 74 deaths since 2001 on Tasers and called for a suspension of their use until further studies could prove just how “non-lethal” these weapons were. Headline business news emerged during the ACA conference: Taser executives were reported to have sold $91.5 million of their own stock, raising suspicions that they sought to maximize their own profits before their product lost ground. The company subsequently announced that sales were projected to slow in the months to come. The stock plunged 30 percent. As if all that weren’t bad enough, Taser International President Tom Smith said in an interview that four active-duty police officers had been offered stock options for law enforcement training programs they supervised, which in turn had “led directly to the sale of Tasers to a number of police departments.”

It’s a good thing that former Taser spokesman Bernard Kerik cashed in when he did. The former New York City police commissioner made more than $6.2 million in pre-tax profits from the sale of Taser stock in the month leading up to his abortive Homeland Security nomination.

The venal system
Scores of individuals from prison acquisition and purchasing departments, consulting agencies, and the ranks of high-level prison administrators had come to the conference for networking, recruiting and, above all, business. Private contractors, like food service businesses Aramark and Canteen, discreetly targeted these attendees for their off-site wine-and-dine dinners, issuing covert invitations to people whose badges indicated their importance in the field.

Following a day of tours at Arizona jails and prisons, about 60 conference-goers headed to the Canteen fete at an upscale Italian restaurant in the nearby Arizona Center. Cocktails and bottles upon bottles of wine were poured out prior to a multicourse meal. Wardens and top-ranking corrections administrators from Arizona, New Mexico and Maryland sat in the outdoor patio under heat lamps. Salesmen from Canteen were pressing flesh and passing out business cards. There were smiles all around.

Like so many other private companies working in prisons, Aramark and Canteen have had their share of problems. Aramark was singled out by “Stop the ACA” union-organized protests outside of the conference. On the third day of the conference, protesters snuck in and placed informational materials in the toilet seat cover holders of convention center bathrooms.

On the fourth day of the conference, Aramark sought to spruce up its image with a faux-New Orleans-style gentleman’s “entertainer,” complete with pink top, feather cap and black fishnets. The heavily made-up young woman knelt before prison administrators, giving them free shoeshines.

Aramark’s low bids have succeeded in getting contracts in many jails and prisons. The company boasts that it provides more than a million meals a day to prisoners nationwide. Aramark materials also emphasize the company’s adherence to ACA standards, but that hasn’t stopped the allegations from piling up. In Dauphin County, Pa., for instance, a grand jury is investigating charges of overbilling and poor food quality. In July 2004, New Mexico inmates at Los Lunas prison, fed up with Aramark’s low food quality and “inedible” meat-type products, organized a hunger strike. Similar problems have been reported in at least a dozen states.

Privatization, politicians and payola
The glossy GEOworld magazine, distributed at the ACA conference, trumpeted the success of the largest “Private-Public Partnership in the World,” a sprawling detention center complex in Pecos, Texas. Known as the Reeves County Detention Facility (RCDC), the complex consists of prisons for both Bureau of Prisons and Arizona state inmates. According to GEO, “the joint venture … between GEO Group and Reeves County has been a rewarding challenge.”

Unmentioned was the fact that a Reeves County judge, Jimmy Galindo, is facing a lawsuit over his role in granting the private operation and expansive construction of RCDC. According to the local Odessa American newspaper, building RCDC has led to the “near financial ruin of the county.” RCDC is currently the subject of an FBI and Texas Ranger investigation into tampering with government documents. (In addition, two corrections officers resigned in early January 2005 over sexual molestation charges.)

The RCDC is a private-public partnership in more ways than one. Randy DeLay, the brother of House Majority Leader Tom DeLay (R–Tex.), lobbied the Bureau of Prisons to send its prisoners to RCDC, at the behest of county officials.

Randy DeLay isn’t the only member of his family with an interest in corrections. In December, Rep. DeLay accepted a $100,000 check from the CCA for the DeLay Foundation for Kids.

The CCA has become a leader in securing private prison contracts. In FY 2003, the CCA generated more than $268.9 million in revenue. Greasing the palms of legislators nationwide hasn’t hurt: In 2004, the CCA’s political action committee gave $59,000 to candidates for federal office—92 percent to Republicans.

This is part and parcel of an industry in the business of locking up human beings. As the industry has grown, the ACA has moved away from the ideals of rehabilitation and redemption of the human spirit. Today, human beings behind bars are little more than commodities to be traded on the open market.

Bill Deener, a financial writer for the Dallas Morning News, writing about recent gains in the private prison market, put it this way: “Crime may not pay, but prisons sure do.”

In 1963, philosopher Hannah Arendt wrote about the “banality of evil.” Contained within the packed exhibition hall of the ACA conference was evidence of what Arendt cautioned against: the normalization of dehumanization. Today, the banality of evil has found a home in the mundane marketplace that is the prison industry.

Three days before the ACA conference, MSN Money’s Michael Brush issued a glowing report on the investment potential for the CCA and GEO. The children of the baby boomers, he explained, are about to enter the 18-24-year-old age group—“the years when people commit the most crimes.” He suggested now is the right time to buy into the trend: “[T]he nation’s private prison companies look like solid investments for the next several years.”

In reporting this story, the author did not disclose her identity as a journalist. All the attributed quotes in this article come from individuals speaking in an official capacity at ACA events.

Silja J.A. Talvi is a senior editor at In These Times, an investigative journalist and essayist with credits in many dozens of newspapers and magazines nationwide, including The Nation, Salon, Santa Fe Reporter, Utne, and the Christian Science Monitor. She is at work on a book about women in prison (Seal Press/Avalon).

Hey Roland G., We Been Working for Over 2 Years # DMC & We never Seen any of these Guys U Say want to help DMC

2006-10-03T03:51:00.000-07:00

maria magdalena: You ain't seen nothin' yet

2006-10-01T05:07:00.000-07:00

maria magdalena: You ain't seen nothin' yet

Our financial help good, our vote on November 7 great, our best ideas~ PRICELESS!.

2006-09-16T00:54:00.000-07:00

"I need your best ideas, your financial help, and your vote on November 7."

WATT is a Progressive?
Wed Aug-23-06 02:00 AM

Can You Please Define "Progressive"

I don't think the Progressive label is applicable just because he uses the airwaves of a Trojan Horse.

Solly is a Democrat and that is it. He has convergent, divergent and alligning ideologies with his father and with many other elected officials. Dont try and undermine Solly with the "progressive" label.

John Kelly wants to take credit for the precinct chairs giving Solly the nod, but everybody knows WATT swung the balance to him. In combination with Solli's attributes and network, it was the written word that reached the precinct chairs. It was the written word that allowed them to become informed and make up their own minds. And it was the written word that provided the security and comfort zone to vote the way they felt was appropriate.

Progressive my a$$.

Solly is a Democrat for positive change. He is much smarter and much more independent than to allow an undermining agenda to gain control.

Anyway, we will not stand by idle and allow it either.

Once elected Solly must remain responsive to his constituents. We will make sure of it.

John, it aint gonna happen and all you are doing is trying to gain notoriety and support for an idealogy many an American Soldier gave his life eradicating. Dont come to South Texas and try to build a party by capitalizing on the division of our Democratic Party. There is a word for Northerners such as this; we call them YANQUIS.

Go back where you came from or better yet become a resident of Cuba or some other commie / socialist country.

Solomon P Ortiz is a Democrat for Positive Change.

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=180&topic_id=34240&mesg_id=36106

--
Kenedeno & Associates

Garza has not followed up on his complaint against Noyola.

2006-09-11T02:11:00.000-07:00

PRINT THIS STORY E-MAIL THIS STORY No charges planned in Noyola incident
By david kassabian Caller-TimesSeptember 9, 2006
Corpus Christi police are not planning to file assault charges against former Miller Principal Danny Noyola Sr. in connection with an August incident that involves KXTM radio host Roland Garza, officials said.
Garza accused Noyola of bursting into his radio booth about 7 p.m. Aug. 3 and punching him twice in the shoulder. Noyola said he was just being friendly and walked in to greet Garza.

Police Capt. John Houston said Garza has not followed up on his complaint against Noyola.
Garza said Friday the assault occurred and it's the department's responsibility to proceed if the case has merit. Garza said previously that he pressed charges against Noyola shortly after the incident happened.
Noyola could not be reached for comment late Friday.
Contact David Kassabian at 886-3778 or HYPERLINK mailto:kassabiand@caller.com kassabiand@caller.com

Now the priceless gift provided from an unlikely source

2006-09-06T23:49:00.000-07:00

CONFIDENTIAl

9/7/06 1:10:05 AM

House district 33 of Corpus Christi, Texas received a gift from an unlikely source………. The Governor.

Now in November the voters will get to vote (their way) in the true spirit and fundamental nature of democracy.

On August 13, 2006 the democratic precinct chairs were asked to vote in the act of the actual voters vote.
The voters of district 33 did not ask this position; but NOW the real primary vote will happen for the voters of HD33.

Legally Allowed, A GIFT of a true vote is ~~~~~~~~to vote in November!

Voters will, as a final point, have their chance to say watt and whom they want despite the fraud of those who have attempted to exploit the voters and the people of who love and care @South Texas!

The Founding Fathers would be proud!

Now, at least it will be a vote of the constituents of HD #33.

2006-08-31T23:46:00.000-07:00

STATEMENT OF SOLOMON P. ORTIZ, JR.
DEMOCRATIC NOMINEE FOR STATE REPRESENTATIVE, DISTRICT 33

(In response to the Governor calling a special election for House
District 33)

The day I filed to run for House District 33, I did it with the
intention of providing the constituents representation in their best
interest. It is within the Governor's authority to call for a
special election in this race and look at his decision as a benefit
rather than a hindrance for the constituents of the district. Just
as I have every intention of running a victorious campaign to seek
the office for the next full term, I now find myself putting no less
energy in accomplishing my goal of taking office before the end of
the year.

With the opportunity to take office nearly two months before the 80th
Legislative Session, I will have resources at my disposal to plan for
a successful first session. Additionally, I will have the advantage
of building seniority over so many new representatives likely to take
office in January. Legislation is not drafted over night and I plan
those two months to have the same advantage that all other incumbents
have on the first day of session.

I am proud to have received the endorsements of so many respected individuals and organizations throughout the State and the community. The support that is responsible for having placed me on the general election ballot, is also responsible for making my candidacy for the special election such a worthwhile cause. -End

Solly, Please respond?

JK: Let me see if I can discern?

Does this mean we can have two winners?

One for the special election and one for the general election?

Does the two loophole candidates have to pay another filing fee or submit petition to file for the special election?

This should have been done in the first place!

Next time somebody resigns, we need to force the governor to call for a special election and leave the chair massage out of the equation.

Posted by Jaime Kenedeño to Texas State Representative House District 33 at 8/31/2006 01:00:00 AM

dannoynted1 said...
is he (Danny) going to be on the ticket for just the next 2 months or is he eligible for the race decided by the precinct chairs?

http://stxc.blogspot.com/2006/08/its-official-noyolas-ego-wins.html

JK: Does that mean Solly and Joe Mac have to pay two filing fees?

Now, at least it will be a vote of the constituents of HD #33.

So all of the chair massages and the loophole process was to teach us one thing.

The next time somebody resigns we call the Governor and remind him, "It is within Gov. Perry's authority to call a special election," and make it a point from now on.

Practice Due Diligence.

Finally, there is a way to out "Loophole" the "Loopholes"

2006-08-31T01:00:00.000-07:00

Perry calls special election for Luna's seat

McComb, Ortiz to make their bids; Noyola undecided

By Israel Saenz and Jaime Powell Caller-Times
August 30, 2006

The Nov. 7 special election, which would fill the seat between the November vote and early January, could give one of the current nominees two-months' seniority over incoming freshmen legislators. Candidates must file for the special election by 5 p.m. Friday.

JK: Let me see if I can discern?

Does this mean we can have two winners?

One for the special election and one for the general election?

Does the two loophole candidates have to pay another filing fee or submit petition to file for the special election?

This should have been done in the first place!

Next time somebody resigns, we need to force the governor to call for a special election and leave the chair massage out of the equation.

"It is within Gov. Perry's authority to call a special election," he said. "We still plan on winning and we're going to work just as hard as before."

Texas Monthly Gains Some Respect for Solly

2006-08-24T02:22:00.000-07:00

Thursday, August 24, 2006
So Solly
The District 33 (Corpus Christi) blog is back in session. I was part of a small group who met today with Solomon Ortiz Jr., the Democratic nominee to replace Vilma Luna and the subject of much commentary from readers (see "Split Decision," below). He has scads of boyish charm and yet manages to come across as low-key and humble: a born politician. A couple of supporters, one a political consultant and the other Jaime Capelo, a former legislator from Corpus Christi, accompanied him. Among the subjects discussed:

* Why the battle for the nomination with educator Danny Noyola was so close. (Ortiz won the votes of 23 precinct chairs to 20 for Noyola to fill the vacancy created when Luna withdrew from the race): Because influential trial lawyer Mikal Watts used all his powers of persuasion in backing Noyola.

* Whether the disgruntled Noyola faction can split the Democrats in November and deliver votes to Joe McComb, the Republican candidate: Ortiz's friends said that the Noyola crowd has only "this much" support (thumb and forefinger held apart slightly).

* Whether McComb can raise enough money to win. No, said Ortiz's friends. They'll cut off his money from Austin.

* Whether the race will be close: No. Ortiz will get 60 percent of the vote, said one of the friends. Two hot local races, for county judge and for sherriff, will assure a large Democratic turnout.

I still think Ortiz has to watch his back side. Noyola remains a problem, and whether Ortiz can cut off McComb's Republican money is questionable. What I didn't know before today is that Ortiz is a formidable candidate with a lot of political skill. He is the favorite to win--but I also felt that way yesterday.

Now, can we talk about something else?

WATT is a Progressive? In Re: Solomon Ortiz Jr is a progressive @ DU by Meg

2006-08-22T23:18:00.000-07:00

Can You Please Define "Progressive"?

I don't think the Progressive label is applicable just because he uses the airwaves of a Trojan Horse.

Solly is a Democrat and that is it. He has convergent, divergent and alligning ideologies with his father and with many other elected officials. Dont try and undermine Solly with the "progressive" label.

John Kelly wants to take credit for the precinct chairs giving Solly the nod, but everybody knows WATT swung the balance to him. In combination with Solli's attributes and network, it was the written word that reached the precinct chairs. It was the written word that allowed them to become informed and make up their own minds. And it was the written word that provided the security and comfort zone to vote the way they felt was appropriate.

Progressive my a$$.

Solli is a Democrat for positive change. He is much smarter and much more independent than to allow an undermining agenda to gain control.

Anyway, we will not stand by idle and allow it either.

Once elected Solly must remain responsive to his constituents. We will make sure of it.

John, it aint gonna happen and all you are doing is trying to gain notoriety and support for an idealogy many an American Soldier gave his life eradicating. Dont come to South Texas and try to build a party by capitalizing on the division of our Democratic Party. There is a word for Northerners such as this; we call them YANQUIS.

Go back where you came from or better yet become a resident of Cuba or some other commie / socialist country.

Solomon P Ortiz is a Democrat for Positive Change.

Texas Monthly: BurkaBlog: Split Decision

2006-08-22T05:07:00.000-07:00

Texas Monthly: BurkaBlog: GOD Intervened

Solomon P. Ortiz Jr. Defeats Mikal Watts at his Own Game. Or Perhaps GOD intervened.

2006-08-22T03:30:00.000-07:00

“When Corpus Christi state representative Vilma Luna decided to give up her legislative seat in July to take a lobbying job in Austin with Hillco Partners, the Democratic party had every reason to believe that the seat would remain in the party's column.”

Let’s look a little further into this assertion.

Why did Vilma Luna step down?

One answer and the one on the surface would be as stated, “to take a lobbying job in Austin with Hillco Partners”. Vilma cited more family time as her primary reason. It goes much deeper than that Mr. Burka; remember Vilma Luna is their hero. It is not difficult to understand that the Utility of Vilma Luna was wearing thin like the Firestone tires that made Mikal and his Crew rich. He could have eventually got her into something she will be blamed for. As it is common knowledge in South Texas; Mikal Watts is about reversing the “Capelo” legislation. There were two tort reform bills, one originated by doctors (and endorsed by TLR) that capped non-economic damages in medical malpractice cases at $250,000 and another containing an assortment of protections for businesses, supported by TLR.

“The Republicans had not fielded a candidate against her in the general election, nor did they challenge her in 2004. Luna's last contested race had come in 2002, when she defeated Republican Lauro Cuellar with 66 percent of the vote.”

WATT kind of Republican Party is this? They would not attempt to challenge the issues and compete? To field and financially support a Republican opponent; is it in the Republican Leader’s eyes, to throw money into a losing cause? Why not field a candidate to represent the Republican side of the issues. No Cajones! That is the attitude of a loser and a prime example of the afraid to lose mentality. Why would HD #33 want such a mentality to step in and represent us in Austin?

“But Luna chose to resign her seat rather than to say that she was moving out of the district, and that decision could have far-reaching implications. Had she given as her reason for leaving that she was moving to Austin and would no longer be eligible to serve, the Democratic precinct chairs in the district could have chosen a replacement for her. But the Republicans, having fielded no candidate for the seat in the primary, would have been barred from naming a candidate. Luna's resignation allowed the Republicans to get back in the game and name a challenger.”

It was not Vilma’s reason for resigning that allowed the Republican to loophole a candidate; it was that she resigned after the final filing date and the timing allowed both the Democrats and the Republicans to loophole a candidate. It also prevented the voters from voting for the Democratic & Republican candidates to run in November. Solomon Ortiz Jr. defeated Mr. Noyola in a popular vote for the Nueces County Democratic Chairman in 2002. However, the resignation of Vilma Luna was planned from before the final date to file. This assertion is based on certain court dockets, the targeting and positioning of crucial operatives and pawns so as to gain the leverage to retain a puppet in replacing Luna. Then one opponent (the WATTS supported Candidate) had the inside track and was very informed before Vilma announced her resignation. This is in reference Danny Noyola announcement and committing of precinct chairs.

”Normally, this would not have mattered; the Democratic nominee would have been a heavy favorite.”

HD #33 is predominantly a Democratic District. Solly’s Republican opponent is a likeable guy, but WATT have the Republican’s ever done for the average citizen? WATT has Solomon P Ortiz Jr.’s Republican opponent; even with his resume of bolster, accomplished for the Average Citizen? Anyway, we enjoy the underdog label;….. continue on.

But the process of choosing between controversial candidates from two politically active families split the party.

Sellouts split the party.

WATT did they sell their soul & beliefs for?

Money?

Power?

A title?

The Democratic Party might have some disgruntled leaders but the people are still “Loyal Democrats” when it comes to redistricting and Craddick. The Solomon Ortiz Jr. Campaign defeated Mr WATTS. The Molina bitterness resounds hollow at best.

The winner, selected on August 13, was Solomon Ortiz Jr., 29, whose resume consists mainly of being the son of congressman Solomon Ortiz and a stormy term as Nueces County Democratic chairman.

You know, initially I thought the same thing about Solly, like he was a spoiled brat or silver spoon in his mouth when he was born. Not even close to the man I know and have scrutinized. Solomon’s work ethic is one of the attributes one recognizes from the get go. He is a hard worker. He has been in training to be a public servant all of his life. The Politicos of South Texas have all interacted with Solomon and “have watched him grow up before their eyes”. Solomon’s ideology is not from one Congressman who he calls Dad but from many who have instilled a well-rounded and independent character willing to butt heads and defend when called for. Solomon P Ortiz Jr. (at 29 years young) possesses a proven and established network that will readily respond to him in Austin. This is something he has in Austin that takes years of seniority to develop. This experience is esoteric in nature but is the key ingredient when it comes to the Lege in Austin.

”Meanwhile, the Republican chairs nominated a quality candidate in Joe McComb, the owner of a local moving company, who served for eight years on the city council and another eight years as county commissioner, sandwiched around a losing a race for county judge (a race in which some supporters criticized him for not running an aggressive campaign). He has one of those resumes that goes on forever, including a public policy experience in water and workforce issues, as well as appointments to the State of Texas Community Development Program (by Bush) and the Comptroller's Committee to Oversee Funds of the Texas Tobacco Settlement Permanent Trust Account (by Strayhorn).”

All of that stuff sounds very impressive when one says it fast, but WATT has he done for the Average Citizen. Sounds kind of like “all dressed up and nowhere to go”?

Give that man a title!

Mc Comb's chance to do the same (win the election) depends upon whether young Ortiz can make peace with and win the support of the bitterly disappointed Noyola forces.

This will not happen. Solomon does not need the small contribution to win. Solomon envisions and works toward the goal of returning unification and solidarity to the Nueces Democratic Party.

“Right now it doesn't look good for Ortiz. An article on the KRIS-TV Web site quoted Noyola as saying in the immediate aftermath of his defeat, "It's disappointing because there was so much hate coming from the Ortiz camp. It influenced some of our precinct chairs, some of them believed some of that hate. Quite honestly they're the scum of the earth, when they just maliciously, fictitiously, when they just come up with things like that I'm beating up on someone, it's so sad that those people revert to hate, and they're all friends of the Solomon camp."

There were Noyola Haters who just hated the Noyolas. Solomon supporters were not the hater element. Also, one must realize both sides catered to the precinct chairs to win their vote. The methodology is night and day. Those are words of a sore loser.

At stake is not just the Republican-Democrat balance in the House (currently 86R, 64D) but also the level of support for Speaker Tom Craddick. Luna was an avid Craddick supporter. The coalition of most House Democrats and a handful of Republicans, all of whom dream of unseating him, were counting on Luna's replacement to join the “Anybody but Craddick” ranks. Now that outcome is by no

Redistricting is one reason the Democrats will stick together and vote for Solomon. But the main reason we will stick together and vote for Solomon P. Ortiz Jr. in November is because everybody in South Texas loathes Craddick and Solly’s opponent will definitely join the “Craddick Ranks” and become an a avid Craddick supporter.

The CC Examiner did not treat both candidates equally and did not ask both to verify their endorsements?

2006-08-14T22:48:00.000-07:00

In response to Donn Cudd corpuschristiexaminer@yahoogroups.com

From: kingalonzoalvarezdepineda13 kingalonzoalvarezdepineda13@yahoo.com
Date: Mon Aug 14, 2006 11:29 pm
Subject: Re: No Response from Ortiz

Don: "First, I wish you would tell us who you are."

I am Jaime Kenedeno of South Texas. A simple Google search will inform
you more of WHO I Am.

JK: My credibility is well established in my writing.

Don: "Are you saying that a politician's
> integrity becomes magically unquestionable the moment he wins an
election?"

JK: I am saying, obviously the endorsements were Bona-Fide. The main issue
IMO is that you did not treat the candidates objectively. You
questioned only one of the candidates about their endorsements. Danny
has bolstered his precinct chair endorsements from the get go.

Don: " Yes, I would say some endorsements still are in question -- as is
the overall tactic Ortiz used to attack Noyola's credentials as an
educator."

JK: How can the endorsements remain in question? 23 Precinct Chairs stood
up and chose Solomon Ortiz Jr. as the Democratic Nominee for HD #33.
Tactic? The credentials of Noyola and the CCISD / Miller fiasco was
ongoing way before Vilma Luna resigned and Danny was informed before
the press conference. Also, one cannot attribute the attacks on Danny
as on behalf of Solly. Clearly there were Solomon Ortiz supporters and
Noyola haters; the tactics you speak of came from the Noyola Haters.

Don: "> I say this because Ortiz never responded to my additional emails or
my phone
> calls."

JK: Your approach was disrespectful and bullying in nature. Some people
dont respond to threats or unobjective journalism. Also, why did you
not treat both candidates equally and ask them both to verify their
endorsements? And dont argue Danny had not announced his precinct
chair endorsements yet. Danny touted the endorsements long before
Solly ever had recieved even one.

Don: "But, to raise the question as you do ignores an important points: At the
> time I wrote the letter to which you're responding, Noyola had not yet
> announced any endorsements."

JK: That statement is uninformed, totally incorrect and false.

Don: "> When Ortiz did not respond to my requests, and not having resources to
> follow this issue as an investigative reporter should, (in
otherwords, I had
> a day job, to which I had to give priority), I decided to simply let the
> whole thing slide on about Wednesday -- a day or so before Noyola
responded
> with his own endorsements. (I did this, especially, considering
that no one
> on this list seemed overly interested in the controversy. That's
mostly why
> I did not follow up with either Noyola OR Ortiz.)"

JK: On Wednesday is when Danny Jr and Solly both emailed endorsements but
Danny's Precinct Chair endorsements had already be handed out in
Hardcopy the previous Sunday and for some reason Danny did not email
the digital version? However, the written endorsements were being
touted at least a week before I recieved the Hardcopy.

Political Pulse: Thank you for your support!

Political Pulse: Kenedeno’s Political Pulse

Kenedeno’s Political Pulse

Monday, July 31, 2006

Local “Loophole Candidates” and Local “Loophole “Yanqui” Power Broker
held Chair Massage Seminars this week.

Local “Loophole Candidates” Solomon Ortiz Jr. and Danny Noyola Sr.
have been courting the HD #33 Precinct Chairs in an attempt to
solidify a majority vote of 44 precinct chairs who will be voting on
????????. Local “Loophole Yanqui Extraordinaire” / Power Broker Mikal
Watts, recently held his own Chair Massage (Whataburger Field) as well.

Capelo Still In The Craw Of the Trial Lawyers

Texas State House District #33 Precinct Chairs are currently very
popular since the July 4th Fireworks of the resignation of Incumbent
HD #33 Representative Vilma Luna. In all appearances of spontaneity
and quality family time explanations it really turned out to be an
accurately tossed piece of tough meat into a pack of ravenous who
currently rank lower on the food chain. This was not a woman changing
her mind but a coach pulling one of his players after exhausting
herself completely on the field of play. I commend her and I wish her
the best. Thank you for everything Vilma. You did your JOB and IMO you
walked the line with a trueness and loyalty. One must realize Mr.
Watts does not like to lose and with respect to the Capelo legislation
he is still fighting. This is the one thing that has made Mikal’s goal
to be the next Hayden Head. Patron WATTS is not a justiciable title
but then again he has a long way to go towards the Hayden Head Award.
So WATT is it about him that screws the little people? Well, here is
one example where our Primary Vote is USURPED. Another scenario to
conceptualize, would be the Judicial arrogance resulting in a denial
of justice for the rest of us; as attorneys who did not get their way
in another case and the knowledge of the technical maneuvers rendered
due to the innate feeling of invincibility our Judges develop due to
the effectual relief they provide for Mikal as a “Corporate Predator”.
Well that’s enough of that.

Local Politicos Rock & Roll on the Corpus Christi Bay

Solly held his event on the Captain Clark Flagship. Chili was
served, Tejano music, an extended cruise around the Corpus Christi Bay
and of course free beer. There was a very festive attitude and quite a
turnout. I spoke with Solly for the first time. He was a very good
host. We didn’t talk that much about the nomination except that he is
truly interested and he still believes he can get the votes. It was
kind of rough water and a couple of big tough men developed a mild
case of seasickness. That stuff will make one kiss mother earth upon
return. Who was there? Many I knew but many more I did not know the
faces but knew their names. It is kind of nice to put a name with a
face. I seen a few Precinct Chairs mainly Susie Luna, Nancy Vera,
Rowland Andrade and other Politicos such as René Rodriguez, Rene Saenz
and his wife Stephanie, John Kelly, Joe Benavides, Oscar Ortiz (Nueces
County Commissioner) and many children running around having a
wonderful time.

“that chair is already taken”

by Dannoynted1

We almost decided against going to the LULAC Barbeque for Danny
Noyola senior today but I am glad we did the food was delicious!

Especially the pinto beans, I have to get that recipe.

For those of you who missed it, you missed out on a tasty meal,
but there was no place to sit as I looked around there was a half a
table empty so I went over there to see if I could sit down and the
women said yes.

Well, I ate alone while Jaime talked with Danny and his wife Alma.
There were pictures along the wall of previous/current LULAC
presidents and/or members but I definitely recognized DR. Hector P.
Garcia as one of them.

After I scooted over the beer cans to put my plate down, several
men arrived and they just stared at me. When my husband whistled and I
showed him where I was. He came and sat next to me when the man on my
left then told US rudely “that chair is already taken”.

Well, rather than start crap, we got up and left the table. We
went and hung out in the front entry by the kitchen where Jesse
Olivarez (no relation to Larry) was cutting the brisket. I went to get
my husband and his brother a plate of food. His girlfriend was working
at the hospital and wanted a plate but Danny’s sister and another
woman refused to give me another plate. I told my husband and his
brother when Mr. Jesse Olivarez (who was right there cutting brisket)
told one of the little girls who were helping him to bring a plate.

Thank you Jesse!

I saw a few of the regulars on the political front Joe Benavides,
Brian Miller, Coretta Graham, and Nancy Vera and as we were leaving,
we shook hands with DMC Board of Regents Member Gabriel Rivas.

Got some documentation highlighting some precinct chairs
statements of their commitment to Danny Noyola. I counted 11 plus Alma
Noyola for a total of 12.

Danny Jr. spoke he said, “they already have more than the 22 they
need; but they were not all accounted for on the blue handout.

Some serious Partying goin down at the LULAC #1

Danny Noyola held his event at the LULAC #1. Barbeque was served
with rice beans and potato salad and of course free beer. It was
delicious. The beans were delectable. Danny and his wife Alma treated
us with all of the dignity and respect of royalty. During Danny’s
speech is when I decided to get a plate and sit down (while all eyes
were glued on Danny). At least that is what I thought till I sat down
in a vacant row of chairs next to my wife. Some older man, well let’s
just say he didn’t like me sitting next to my wife. Out of respect for
Danny & Alma and the privilege; I made myself defer. The only thing I
did not do, that I wished I had done; was get that guys name. I chalk
it up to old school Molina. It is not a big deal and in no way does it
affect my respect for Danny or Alma. I believe both Democrats (Danny
Noyola & Solomon Ortiz Jr.) are very capable and electable as HD #33
is a Democratic District. The Noyola Event was definitely a serious
event and to most of them I am an outsider. I am troubled by the
loophole method that the November Candidate will be chosen. After
meeting them both I will vote for one of them in November. Good luck
to both and should you prevail, we will expect full responsiveness to
us the constituency of HD #33. When we call, we want to speak with our
Representative or at least return the call. You know? Like it is right
now.

Chair Massage cost Mikal much more than “TWO FER A NICKEL”

And Mikal’s bash?

Well, we wouldn’t know; since it was such an elite Chair Massage.

Only the best Massages for our HD #33 Precinct Chairs.

Right Mikal?

JK: Why would a Democratic Precinct Chair reveal anything to a Republican
unless he posed as a Democrat? And dont even play dumb.

Don: "Additionally, what's wrong, in a Democracy, with Republicans voting in
> Democratic primaries and vice versa? A vote's a vote, right?"

Wrong! For a person to vote in the primary he or she must swear they
are Republican if they are voting in the Republican Primary and vice
versa. So for a Republican to swear he is a Democrat so as to vote in
the Democratic Primary is in bad faith and approaches criminality with
respect to election codes. But in a simpleton's terms by advocating
for this you once again show your true nature to prevaricate.

Influence of Precinct Chairs? Threats?

2006-08-14T00:05:00.000-07:00

ORPUS CHRISTI - The Nueces County Democratic Party has picked a nominee to run for the District 33 State Representative seat. Solomon Ortiz, Jr. will represent the Democratic Party on the November ballot.

View district map (.PDF)

Ortiz beat out Danny Noyola, Sr. in a 23-20 vote Sunday, during a meeting with the Nueces County Democratic precinct chairs. It was an emotional day for both candidates.

Solomon Ortiz, Jr. could not have been happier with the result. Precinct chairs chose him over Danny Noyola to represent the Democratic Party in the District 33 State Representative race.

"It's just an emotional time, just to know that the majority of the precinct chairs have the confidence in me to represent them, and to represent he party, and to win in November," he said.

His opponent, Danny Noyola was also emotional. He said, "It's disappointing because there was so much hate coming from the Ortiz camp. It in influenced some of our precinct chairs, some of them believed some of that hate."

Noyola believes he was the target of a political attack, when he was accused of hitting a man during a live radio interview a few weeks ago.

"Quite honestly they're the scum of the earth, when they just maliciously, fictitiously, when they just come up with things like that I'm beating up on someone, it's so sad that those people revert to hate, and they're all friends of the Solomon camp," Noyola said.

But Ortiz disagrees. He said, "I ran a clean campaign." He feels he got the nomination, because he's the right man for the job, and looks forward to the November election.

"We worked very hard, until the last minute and I'm just completely honored and look forward to working hard for the people of District 33 and I'll be on the campaign trail, and I'll see everybody out soon block walking and campaigning."

Nueces County Republicans will conduct the same process Tuesday. Their candidates are Joe McComb and Raul Torres.

Online Reporter: Roxanne Carrillo

Get to the issues and stop the ugliness

2006-08-11T22:03:00.000-07:00

Dear ???????????,

In response to your initial return email on ?????????,, I apologize for bringing this information out at this time and I understand the Assistant Principal is still employed with CCISD. The issue presented is one of high priority with regard to the manipulation of JOB opportunities per Hvalinka v Schubert and the clandestine operations of hierarchy and privilege within CCISD Aristocrat Society Schmoozers “and the like”. Unfortunately, her employment with CCISD and her questionable criminal background renders your request one in which I must deny. However, I will make every effort to address the CCISD Power Structure and the position of Assistant Principal. Public Policy demands these unusual circumstances be placed on the agenda for open discussion. This is about being fair to the students and the teachers who directly interact with lower level administrators. This Assistant Principal in question appears to schmooze at high levels within the CCISD hierarchy. The hiring and continued employment of this assistant principal by CCISD is a blinking red flag. CCISD hired a FELON as an Assistant Principal. This is an un-excusable violation for CCISD. There is more to this story. Court Records demonstrate a pattern and a series of re-occurring events, possibly criminal in nature.

To all HD #33 PRECINCT CHAIRS,

The choice must be based on a number of qualifiers.

I believe there is a better choice at this time. The information (email correspondence) IMO substantially redeems Mr. Noyola regarding his direct involvement in the manipulation, skewing or tampering of grades & attendance at Miller High School. CCISD brought in a tandem specialty for performance appearances. The numbers needed to be classified so that CCISD / Miller High School could not lose money for the absent and the low grades. The CCISD structure encourages liberal use of certain labels and titles; CCISD uses the Special Education umbrella for the School / District’s benefit. In the TAKS test, certain exclusions of select students allow these students to take another test that has no effect on the overall score of the school. CCISD brought the Tandem in (like Troutman brings in Rambo) to complete a mission. However, should the mission fail; CCISD will avow no knowledge. Through the path of redemption, a just path; a significant error in judgment, submitted as an “insincere hug”; demonstrated a most concerning flaw that cannot be discounted. Regardless of the actions on the part of Roland Garza; this displaced frustration displayed an Achilles heel, a lack of composure and exhibited prudence far below par for the course with respect to the diplomacy mandated for the JOB in Austin. Frustration has blurred one’s judgment on all sides of this issue.

As a Statesman, representing HD #33 one requirement for the position must be accountability to the District he represents. In this category, accountability will be enforced, as it is an integral product of Open Government. We will be watching.

Passion blurs the mind when there is too much of it. My Father always told me, “Never let em see you sweat boy”, so that’s how I went to batter’s box (with two strikes). I struck out a whole lot of times in practice. Game time is where you never let em see you sweat and hardly ever did I get the third strike and when I did I knew not to sweat it, there would be another chance. So like a well-poised Quarterback after a sack that gets up and walks back to the huddle (like nothing ever happened) with confidence in tact; so must be our next choice for HD #33 State Representative. We have had a couple of physical scuffles in our US House of Reps and / or Congress; but this is not the way things are accomplished. Physical posturing is unproductive in our Lege.

Danny allowed himself to be drawn into a trap. Never blame the umpire; even when he needs new glasses, LOL. IMO, Roland was confronting CCISD with the facts and he was armed with evidence that focuses on the allegations. Mr. Noyola was used and undermined by CCISD and the relationship with felonious assistant principal whose expertise / “specialty discipline” historically resides in the manipulation of statistical numbers and categories or in a more cogent definition; an applicable term would be Tampering with a Government Document with intent to defraud and harm. Our new State Representative of HD #33 must “Never let em see him sweat” and always remain composed.

Also, we need our next HD #33 State Representative to talk to us. Both Candidates need to speak to the people. I have spoken with both men; both possess very likeable personas. WATT I am talking about is ironic. Danny wanted to be heard on the air with Roland Garza yet, when the Local Stations wanted to hear his side and he has the opportunity to get a message out; he refrains. We wanted to here from YOU Danny Sr. Solly, well we haven’t heard much from him either. Is that how it is expected to be when one of these guys get the JOB in Austin? Show us some skills? Now or later? Do you support Open Government? How will you go about legislating Open Government?

Get to the issues and stop the ugliness.

Political Pulse: Political Pulse: Not a Democraddick Party

2006-08-10T03:46:00.000-07:00

Political Pulse: Political Pulse: Not a Democraddick Party

Like Vicente, we hear all sides of the local talk radio

2006-08-09T23:04:00.000-07:00

In response to

Don't pollute your brain with right-wing garbage! Listen to "The Populist Uprising" with John Kelley in the morning, and "Moctemoc's Door" with Vicente Carranza in the afternoon, at KCCT 1150 AM.

Like Vicente, we hear all sides of the local talk radio when we are able but they learn a lot by listening to us right here in our little rooms. Every Tuesday Morning (on El Defenzor Live) we meet both wings; it just depends on which Tuesday Morning, as to whether it is the right or the left wing. It is like a check and balance system. If one can sort through the convergent posturing, the truth reveals itself. That John Gsanger is quite a Bright Guy. Intellectually stimulating political observations and very astute approach and departure from the HD #33 issues.

WATT are the issues to be addressed?

Education?

CCISD?

Del Mar College?

TAMUCC?

TAMUK?

Law School?

Medical School?

WATT about OPEN GOVERNMENT?

One Candidate has already given his word that "he supports" Open Government Legislation.

It has been difficult engaging the other Candidate; which is kind of ironic after was not speaking on the air the motivating factor for the "live on the air" discussion and "insincere" HUG?

John Kelley, maybe you oughta cancel JUAN of the guest tomorrow; else he might get dragged into it, like Gsanger did today. Why dont you present the perfect example of non confrontation and ask him if he beleives the actions were appropriate? Ask him WATT he is gonna do about the Hector P Garcia Building and Del Mar College. Cause at DMC everybody loves his opponent.

South Texas Chisme: Getting close to the vote, Noyola on Radio

2006-08-08T20:22:00.000-07:00

South Texas Chisme: Getting close to the vote, Noyola on Radio

"That Just the Way It Is. I Gotta Get Paid"

2006-08-05T05:23:00.000-07:00

“I guess it just depends on WATT your definition of is………..

IS?”

One educator alerted to the name Denise Hutchinson as “ a teacher who taught with him at Crockett” He said, “she got into some kind of trouble involving government documents”. The Educator continued, “She came out in the Caller Times… in the newspaper, they wrote some articles about her and right after that she left”. I asked where did she go? He said, “I don’t know, we never seen her again”

Does CCISD have such a demand for this type of specialization in creative administrating?

Did Dr. Hutchinson ever teach at Crockett Elementary?

If she did, this is one example of a “questionable background”.

West Oso

Hutchinson's "1990, 1993 and 2000 employment application with West Oso Independent School District regarding deliberate falsifications, misrepresentations or omissions of fact."
"Expenditure of district funds, including but not limited to grant monies, fund-raising and campus activity account."
And "deliberate falsifications, misrepresentations or omissions of fact on district grant applications and district correspondence relating to the same." Bonilla said he believes the suspension and investigation are the result of Salazar's personal animosity toward Hutchinson?

“Questionable background”??

Another example.

In September the board voted to grant a grievance filed by Hutchinson against the district that stated she was suspended unfairly and allowed her to return to work. Hutchinson was assigned to West Oso Elementary as assistant principal in October but her lawyer, Daniel Ortiz said the assignment is not what his client requested in her original grievance. "The board granted her grievance unconditionally," Ortiz said. "But the superintendent refused to reinstate her to her former position. Instead she demoted her."

“Questionable background”

Why did the Caller consider her “Superintendent material”?

Denise Hutchinson
Age: 47
Current position: Assistant Principal, Miller High School
Background: Hutchinson has been in education for 20 years, 13 of those in administration. She is from Corpus Christi originally and spent a majority of her career in the West Oso ISD, where she also filled in as assistant superintendent. She has been with CCISD for a year.
If the Search Committee asked you to apply, would you consider it?
"Yes, I would consider it."

Would CCISD hire her without doing a thorough background check?

Where was Scott Eliff while Denise “did her thing”?

That’s it; just wind her up and let her go?

For CCISD, Tupac cogently defines the MO

You gotta operate the easy way
"I made a G today" But you made it in a sleazy way
sellin' crack to the kid. " I gotta get paid,"
Well hey, well that's the way it is

Is that the way it is?

Is that the process?

CCISD has gotta get paid.

Precinct Chairs who "can’t wait to vote for Danny Noyola"

2006-08-05T04:48:00.000-07:00

“Danny Noyola has been involved with all aspects of our city and county for years; therefore, he has the experience that is necessary to protect and serve District 33. I wholeheartedly support the nomination of Danny Noyola for State Representative.”
Joan Veith, Democratic Precinct Chair, Pct. 70

“Danny Noyola has been a vocal supporter of Democratic Party issues for over 30 years. His loyalty to Democratic causes has been steadfast and without reservation. I can’t wait to vote for Danny Noyola.”
Susan Pizana, Democratic Precinct Chair, Pct. 94

“Danny Noyola has been in the trenches with local Democrats for years. He knows education issues, labor issues and our community from the inside out and he is well prepared to represent us in Austin.”
Alex Nieto, Democratic Precinct Chair, Pct. 4

“Danny Noyola is a man of his word and he has the experience to fill Vilma Luna’s shoes in the Legislature. That is the reason I am supporting Danny Noyola.”
Gus Munoz, Democratic Precinct Chair, Pct. 83

“Rarely does a voter get the chance to support a candidate with as much knowledge and dedication to public service as Danny Noyola. Democrats should be proud to put Danny Noyola on the ballot. I know that I am.”
Gloria Lozano, Democratic Precinct Chair, Pct. 98

“The three important reasons that I am supporting Danny Noyola for State Representative - Education, Education and Education!”
Martha Gutierrez, Democratic Precinct Chair, Pct. 68, Teacher

“Danny Noyola is a true Democrat - a man of the people who has lived and worked in our community his entire life. He has earned my support by demonstrating a commitment, year in and year out, to make Corpus Christi a better place.”
Lisa Ann Torres, Democratic Precinct Chair, Pct. 73

“Husband, father, teacher, coach, principal, superintendent, community activist and long time, loyal Democrat. How can you ask for a better nominee for State Representative than Danny Noyola?”
Mary Rivera, Democratic Precinct Chair, Pct. 8

“Danny Noyola is a man we can all be proud of. His experience is unmatched and he represents the best that our community has to offer. Without a doubt, Danny Noyola is the right person for the job.”
Connie Gutierrez, Democratic Precinct Chair, Pct. 93

“After years of disenfranchisement, Danny Noyola proposed the City Charter Revision Amendment that ultimately restored the rights of City Employees to participate in Municipal Elections. Average workers and their families could have no better friend in the Legislature than Danny Noyola.”
Maria M. Gonzalez, Democratic Precinct Chair, Pct. 17

"I have known Danny Noyola for many years as student, teacher, and administrator. I think Danny will represent the district superbly; especially in education matters because it is the Number one issue in the state legislature. Danny has been successfully involved in many community affairs throughout his life. Therefore, I am supporting Danny Noyola to be the Democratic nominee for State Representative District 33."

Ken Hawkins, Democratic Precinct Chair, Pct. 124

One Chair and a bunch of people who like myself; have been USURPED

2006-08-05T04:39:00.000-07:00

“Solomon can hit the ground running when he gets to Austin. He knows many of the current State Representatives and most importantly, he’s taught at CCISD and knows firsthand what needs to be improved with education.”
Betty Jean Longoria – Nueces County Commissioner and former Tuloso-midway School board member

“As a community activist and elected official, I know what it takes to bring diverse groups of people to the table in order to get things done. Solomon Ortiz, Jr. is a consensus builder. He will get things done to improve education in Texas"
Olga Gonzales – Del Mar College Board of Regents

“Developing young people into leaders has been my life’s commitment for over 30 years. We need Solomon Ortiz, Jr. to represent us in Austin, because as a former teacher, he knows the needs of educators and students.”
Carlos Rodriguez – Current Cunningham Middle School Coach and Teacher

"I want a Representative who not only knows the needs of our students, but also opens his door to them. I know Solomon Ortiz, Jr. will always be accessible to our students and educators in order to voice concerns at our State's Capitol."
Claricia Mohler - Current Moody H.S. Assistant Principal

Here are just a few of the many individuals already supporting Solomon Ortiz Jr.

Roland Barrera - Chairman, RTA
Ruben Bonilla - Chairman, Port of Corpus Christi
Lucy Rubio - Community Leader
Ronnie Canales – Nueces County Tax Assessor Collector
Rudy Caceres – Constable Pct. 1
John Kelley – Air America Radio Host, former teacher and AFT representative
Susie Camacho – Miller H.S. Parent
Raul & Alicia Lopez-Guerra, M.D.s – Local Physicians
Nancy Vera – Miller H.S. teacher
Emilio Sanchez – Former community Boxing Coach
Dr. Victor Frazier – Minister and former CCISD Principal
Carolyn Keith – Retired school counselor, CCISD
Jane Wall – Current teacher and former Miller H.S. journalism instructor
Susie Luna Saldana – Precinct Chair #72 and Teacher Representative
Faye Anderson - Former 2 term SDEC member

###

SF 405 high school dropouts help maintain state of TEXAS EDUCATION AND EMPLOYMENT PROFILE TEXAS LEGISLATIVE COUNCIL

2006-08-05T03:00:00.000-07:00

EDUCATION AND EMPLOYMENT PROFILE TEXAS LEGISLATIVE COUNCIL
DATA: 2000 & 1990 CENSUS, SF3, SF1 TEXAS HOUSE OF REPRESENTATIVES DISTRICT 33 05/29/03 PAGE 2
PLAN01369H

------2000 CENSUS------ ------1990 CENSUS----
TOTAL PERCENT STATE TOTAL PERCENT STATE

SELECTED EDUCATION CHARACTERISTICS

POPULATION AGE 3+ ENROLLED IN SCHOOL
PORTION AGE 3-5 IN PRESCHOOL 2,770 43.2% 40.3% 2,335 32.3% 35.8%
IN ELEMENTARY OR HIGH SCHOOL 30,632 22.6% 21.9% 30,281 23.2% 20.4%
PORTION OF THESE IN PUBLIC SCHOOL 28,800 94.0% 93.1% 28,397 93.8% 94.5%
IN COLLEGE 8,873 6.5% 6.0% 10,227 7.8% 7.4%

EDUCATIONAL ATTAINMENT
BACHELOR'S DEGREE OR HIGHER (Age 25+) 14,244 16.5% 23.2% 13,350 16.5% 20.3%
DID NOT GRADUATE HIGH SCHOOL (Age 25+) 20,071 23.3% 24.3% 21,498 26.5% 27.9%
HIGH SCHOOL DROPOUTS (Age 16-19) 1,049 11.8% 12.5% 1,039 11.7% 12.9%

SELECTED LABOR CHARACTERISTICS (Age 16+)

LABOR FORCE STATUS
IN ARMED FORCES 1,019 1.0% 0.7% 870 0.9% 1.0%
IN CIVILIAN LABOR FORCE 67,034 63.1% 62.9% 67,171 67.7% 64.9%
NOT IN LABOR FORCE 38,262 36.0% 36.4% 31,162 31.4% 34.0%

CIVILIAN LABOR FORCE
EMPLOYED
TOTAL EMPLOYED 62,676 93.5% 93.9% 61,820 92.0% 92.9%
ANGLO EMPLOYED 45,200 94.2% 95.0% 48,054 92.9% 94.2%
BLACK EMPLOYED 2,442 88.0% 89.5% 2,010 85.8% 86.6%
HISPANIC EMPLOYED 35,049 92.5% 91.3% 30,901 90.5% 89.1%
UNEMPLOYED
TOTAL UNEMPLOYED 4,358 6.5% 6.1% 5,351 8.0% 7.1%
ANGLO UNEMPLOYED 2,771 5.8% 5.0% 3,684 7.1% 5.8%
BLACK UNEMPLOYED 334 12.0% 10.5% 333 14.2% 13.4%
HISPANIC UNEMPLOYED 2,831 7.5% 8.7% 3,240 9.5% 10.9%

EMPLOYMENT SECTOR
PRIVATE SECTOR 46,531 74.2% 78.0% 45,311 73.3% 76.7%
GOVERNMENT SECTOR 12,013 19.2% 14.6% 12,573 20.3% 15.2%
SELF-EMPLOYED 3,976 6.3% 7.1% 3,700 6.0% 7.6%

WORKED IN 1999 (2000 CENSUS)
OR 1989 (1990 CENSUS)
WORKED AT ALL 73,737 69.4% 69.7% 70,113 70.7% 70.4%
WORKED 50-52 WEEKS 47,929 45.1% 45.3% 43,574 43.9% 43.1%

ANALYSIS USES 99.5% OF DISTRICT POPULATION

Was it a Hug or an assault?

2006-08-04T06:47:00.000-07:00

WATT happened?

Was it a Hug or an assault?

Roland Garza who has been addressing the issues at Miller High School says Danny Noyola Assaulted him on his live mike show. Garza said the Community is his witness.

Danny Jr. vehemiently defends his father and call Roland Garza a flat out liar.

1440 KEYS is doing the show on it right now.

Let us see WATT happens.

WATT exactly are the Facts?

8:40 AM

Jaime Kenedeño said...

Jr says it is a false police report

it is criminal

Says Roland Garza is a Liar and is libelous

Cannot believe Garza would play politics like this.

Jr says Noyola was offered a central office position in response to the demotion.

They want Noyola on the show.

Now Willie Vaden calling in.

Solomon Ortiz Jr. Picks up Key Endorsements for Democratic Party’s Nomination for State Rep., District 33

2006-08-04T01:02:00.000-07:00

Solomon Ortiz Jr. Picks up Key Endorsements for Democratic Party’s Nomination for State Rep., District 33

CORPUS CHRISTI -- With the race for District 33 heating up, Solomon Ortiz, Jr. is making progress for the Democratic Nomination. Today, one of the 3 candidates for the Democratic Primary, Roland Barrera, endorsed Ortiz, saying Ortiz is a progressive and stronger candidate for the Party in the General Election in November.

Ortiz Jr. is honored to have the support of several local leaders and the commitments of several precinct chairs. “I am truly privileged to have the support of Chairman Bonilla, Lucy Rubio and Rachael Gonzales. They represent a great cross-section of Corpus Christi and the broad range of support my campaign has generated.” Ortiz said.

“Economic development is vital for the future of Corpus Christi. Solomon has a good working relationship with present legislators in Austin and can use these and other established relationships to help bring economic prosperity to our community.”
-- Ruben Bonilla - Chairman Port of Corpus Christi

"All of us know that education is the best way out of poverty. With so many of our families struggling, it will take a strong, focused and dedicated person to bring about the necessary changes for our community. Solomon Ortiz, Jr. is that man."
-- Lucy Rubio - Community Leader

“November is going to have many tough Democratic races. The party needs someone who is a team player and will work together with all the candidates. Solomon Jr. has the experience and temperament to do exactly that.”
-- Rachel Gonzales - Retired Sheriff Dept and original Golden Girl

Here are just a few of the many individuals already supporting Solomon Ortiz Jr.

•Ronnie Canales – Nueces County Tax Assessor Collector
•Susie Camacho – Miller H.S. Parent
•Rudy Caceres – Constable Pct. 1
•Alicia Lopez-Guerra M.D. – Local Pediatrician
•John Kelley – Air America Radio Host, former teacher and AFT representative
•Nancy Vera – Miller H.S. teacher
•Emilio Sanchez – Former community Boxing Coach
•Dr. Victor Frazier – Minister and former CCISD Principal
•Carolyn Keith – Retired school counselor, CCISD
•Jane Wall – Current teacher and former Miller H.S. journalism instructor
•Susie Luna Saldana – Precinct Chair #72 and AFT Representative

###

9:04 PM

WHO SUPPORTS DANNY NOYOLA FOR STATE REP. DISTRICT 33???

2006-08-03T02:07:00.000-07:00

Dear Precinct Chairs and Friends,
> I am eternally grateful and humbled by the overwhelming support of the
> District 33 Precinct Chairs for my candidacy for the Democratic Party's
> nomination to the Texas House of Representatives. We have shared this
> Educators for Danny Noyola mailout with all the Nueces County Precinct
> Chairs and would like to share this with our many friends as well. Please
> See the Attached Message Below and/or the Word Document Attachment.
> Thanks!
> Danny Noyola Sr.
>
> DANNY NOYOLA
> for STATE REPRESENTATIVE – DISTRICT 33
>
> WHO SUPPORTS DANNY NOYOLA FOR STATE REP. DISTRICT 33???
>
> “I have been teaching with the CCISD for 17 years where I have the pleasure
> of working with many wonderful people, including Mr. Danny Noyola. Mr.
> Noyola is a perfect example of why people should go into teaching; he truly
> wants to make a difference in the lives of our youth. While at Roy Miller
> High School, I saw him make a lot of tough decisions that were solely
> motivated by student needs. He had a vision for our students and he wanted
> us to work on developing the whole student (heart, mind, body and soul). It
> was clear to me what he meant by educating the whole student. I
> whole-heartedly support Danny Noyola in his race for State Representative,
> for I believe that he will support the whole community (the hearts, minds,
> bodies and souls of his constituents).”
>
> Vidal S. Anzaldua - Moody, Miller and Collegiate High School Math Teacher
>
> “As an educator for over 32 years and having held numerous positions in the
> educational field, Mr. Danny Noyola has exhibited qualities of integrity,
> leadership, commitment, dedication and relentless energy which are the
> necessary traits enabling him to be an effective State Representative.”
>
> Angie H. Saenz - Miller High School Marketing Teacher
>
> “Danny Noyola's experience in Education and his having worked as an
> administrator and Superintendent qualify him to be our next State
> Representative. His involvement in and service to our community indeed make
> him the best candidate. His interest is in the welfare of our citizens and
> the community admires him for his dedication. I recommend him very highly.”
>
> O. B. Garcia - Retired School Administrator, Corpus Christi, Texas
> Former Texas Association of Secondary School Principals President
>
> “[Danny] I am energized by your decision to seek the nomination for State
> Representative in District 33. I am proud to have worked with you at Miller
> High School. I can personally say that everything you did was for the
> betterment of Roy Miller High Schools students, staff and community. I
> would be honored to work with you again. Good luck on your campaign. If I
> can be of help, let me know. My wife and I as well as all of our friends
> will certainly vote for you.”
>
> Harold M. Davis - Educator, Roy Miller High School 1965-2006
>
> "In my book, Danny Noyola's long history of achievement as an educator and
> his breadth of experience in community affairs would make him a very strong
> candidate in this race. That is why I am supporting Danny Noyola for State
> Representative, District 33."
>
> Jaime Trevino - Moody High School Teacher
>
> “I have known Mr. Danny Noyola for over forty years, as a baseball player,
> high school coach, School Principal, School Superintendent and Government
> Teacher. I hope to know him as the next State Representative of District 33.
> Mr. Noyola has always shown great leadership. I know that Danny Noyola
> will always consider how people - especially the poor and powerless, will be
> affected before he casts any vote. This is why I will continue to support
> Danny Noyola and what he represents.”
>
> Coach Steve R. Castillo - John Paul II High School,
> Former Moody High School Athletic Coordinator
>
> “Danny Noyola has been my student, my teaching colleague, my assistant
> principal, my principal, and my superintendent over a span of some 35 years.
> He possesses one of the most brilliant educational minds around and he is
> the most passionate and caring administrator I have ever known. Danny has
> always motivated and inspired his students, staff and community residents to
> be the very best that they can be. Danny Noyola will be a wise and
> effective State Representative for District 33!!!”
>
> Dr. Maurice Portis - Former West Oso High Principal & Band Director
>
> “I would like to endorse Mr. Danny Noyola for our next State Representative
> in District 33. He is a friend that can be trusted to help in anyway he
> can. He makes himself available to help you. Danny has done wonders for
> the community and local school districts. He puts special emphasis on
> empowering students to become active in their lives and in the democratic
> process. He has helped students become successful and productive people in
> our community. Danny can help our state because he is a doer and a
> motivator. I believe that he is the right person to serve as our next State
> Representative in District 33.”
>
> Leo Gonzalez - Electrical Trades Instructor, Moody High School
>
> “I have known Danny Noyola for many years as student, teacher and
> administrator. I think Danny will represent this district superbly;
> especially in education matters because it is the Number One issue in the
> state legislature. Danny has been successfully involved in many community
> affairs throughout his life. Therefore, I am supporting Danny Noyola to be
> the Democratic Party nominee for State Representative District 33.”
>
> Ken Hawkins - Retired Math Teacher, West Oso, Robstown and Odem ISDs’
>
> “EDUCATORS SUPPORT DANNY NOYOLA FOR STATE REP. DISTRICT 33!!!”
>
> Paid for by Danny Noyola for State Rep. Dist 33, Kim Thompson, Treasurer,
> P.O. Box 571, Corpus Christi, Tx. 78403
>

Former state Rep. Vilma Luna has signed on with Hillco Partners

2006-08-02T02:55:00.000-07:00

Luna signs on with powerful Austin lobbying firm

By Jaime Powell Caller-Times
August 2, 2006

Former state Rep. Vilma Luna has signed on with Hillco Partners, widely acknowledged as the home of some of Austin's most powerful lobbyists.

Luna, a Corpus Christi Democrat who announced her resignation from the House last month, is leaving the city with husband Rico and her two sons to live in Austin, she said Tuesday.

"The real blessing is we will all be in one city," she said. "What I have done in the past is juggle a law practice, being a state representative and I think my belief is that I will be able to focus it all into one arena. I am very excited and really looking forward to a new chapter in my life. But I will miss my family, friends and wonderful constituents."

Later this month Luna will join a well-known list of Austin lobbyists at Hillco, including founders Buddy Jones, a former state representative and Bill Miller, both of whom are at or near the top of almost any list of lobbyists considered the most powerful in Austin, according to Capital Inside's Web site in Austin.

The firm, which employs between 25 and 30 lobbyists, represents glamorous sports franchises such as the Dallas Cowboys and Houston Rockets, as well as companies such as General Motors and Microsoft.

Luna, 48, had represented Corpus Christi's District 33 since she first was elected in 1993.

By 2005, after stints on the House Economic Development Committee and as vice chairwoman of the House Select Committee on Public School Finance, Luna took a seat as vice chairwoman of the influential House Appropriations Committee.

She also sat on the 10-member Legislative Budget Board and on the Calendars and Ways and Means committees.

Along the way she worked with notables such as Speaker of the House Tom Craddick, R-Midland - experience that will be valuable for lobbying purposes - political watchers including Harvey Kronberg, who publishes the online, nonpartisan newsletter "Quorum Report" have said.

Miller said Tuesday that there were a lot of firms vying for Luna.

"We won the war for her services," Miller said. "Vilma brings enormous prestige, smarts, integrity, and hard work. She is a complete package. We are overjoyed that Vilma has chosen our firm to work with."

Contact Jaime Powell at 886-3716

El Sol y La Luna

2006-07-10T04:53:00.000-07:00

El Sol y La Luna
09:31am by Pink Lady;

General I flew back from Galveston yesterday afternoon (out of Hobby). It was quite a traumatic trip, as I had approximately five minutes to catch my flight, cut through the security line and race to my gate screaming “CRAZY BLOGGER COMING THROUGH.” The crowds parted like the Red Sea. I flew Southwest, and the next time some young newbie gets on the front speaker to sing something off-key, incorporating ‘Southwest Airlines’ into every verse, I will organize a boycott of the airline using all my power, which is to say, none.

I picked up the Statesman, my jaw dropping as I read that Rep. Vilma Luna of Corpus was retiring from the House. Seriously? SERIOUSLY? Didn’t see that one coming. I worked with Luna when I was on the Appropriations Committee and I can tell you this much. I liked her better when her hair was shorter.

Luna was one of the Craddick Democrats who became Vice Chair of the Appropriations Committee, where she diverted $100K from the rainy day fund for the Speaker’s apartment renovations. Well, really, do poor children need health insurance more than Craddick needs a gold-plated toilet?

Luna plans to move her family to Galveston where she will build a house entirely out of seaweed and work on an oil rig.

Endnote: I’d like to thank TJ Shroat for posting on Ken Lay’s passing. As you can imagine, I was too shaken up to write anything. Plus, I’m working on a conspiracy theory. Details to follow.

See Comments

Cast Your E Vote here

Cast your vote daily: E Vote@kenedeno.com

2006-07-08T21:04:00.000-07:00

"E Vote@kenedeno.com"

Andiamo! Who are You? And why will Vilma Luna supporters vote for you?

2006-07-06T01:29:00.000-07:00

Before this goes any further one must realize my arms are open to all candidates. Your side of the story so you cant ever say you had not the opportunity?