Posted on 09/28/2015 6:01:10 PM PDT by Elderberry
How a Texas judges irresponsibly biased public comments led defense lawyers to file an official judicial complaint.
On a seemingly normal Sunday afternoon in May, a congregation of bikers met at a Twin Peaks bar and restaurant in Waco, Texas.
While reports are still vague, some say it all started with someone getting their foot ran over. What followed in that heated exchanged would be one of the worst incidents of biker gang violence in U.S. history: 9 dead, 18 injured, and 177 arrested.
More than four months later, the incident is far from an open-and-shut case. Theres a gag order in place and not a single person has actually been indicted.
One consideration drawing attention is the fate of the 177 individuals whove found themselves arrested, and facing bonds as high as $1 million.
This issue prompted the 3,000-member Texas Criminal Defense Lawyers Association to file a judicial complaint against Justice of the Peace W.H. Pete Peterson, alleging a violation of the law and the Texas Constitution. Its the second complaint against the JP.
TCDLA President Sam Bassett tells the Standard about what the complaint could mean for transparency in the courts.
There was no differentiation in the defendants, he says. There was no individualized analysis of what involvement the persons might have had.
Bassett says the quick cut-and-paste probable cause affidavits filed led to $1 million bonds for all 177 arrested.
Prosecutors and police officers have said that the high bail amount is meant to send a message that biker gang activity will not be tolerated. Bassett says Justice Petersons comments of the same sentiment show bias before trial.
We have a presumption of innocence and for a judge, a judicial official to say Were gonna send a message is totally out of bounds, he says.
I don't find it on a quick search. Broden filed a similar complaint (same basis) in July.
July 22nd thread has some links to Texas State Commission on Judicial Conduct action on complaints filed with it. See posts 15, 22, and 27. The Texas Criminal Defense Lawyers Association (TCDLA), which filed the complaint you are seeking, made noises about the setting of bail as early as May 22nd.
Press Release 5/22/15: WacoThe Texas Criminal Defense Lawyers Association is committed to protecting the constitutional rights of those accused of crimes. The Waco situation of recent days raises serious concerns. It seems unprecedented that you have 170 individuals charged with the same or similar crimes and identical bail amounts set at 1 Million Dollars each. When you consider the constitutional prohibition against excessive bail as well as the requirement for probable cause prior to arresting an individual, the risks of abuse in the Waco case seem obvious.
TCDLA supports enforcement of the law and believes that the public should be protected. However, TCDLA has a growing concern in this situation that the net has been cast too widely and it is probable that not all those being held are guilty of criminal activity.
Emmett Harris
2014-2015 President
Texas Criminal Defense Lawyers Association
Criminal defense lawyers file complaint against JP in Twin Peaks cases - WacoTrib.com - Thursday, September 24, 2015
By violating the law, the constitution and judicial canons, Peterson "likely caused the unnecessary extended incarceration of many presumptively innocent individuals," the TCDLA complaint alleges.The commission has taken no action on Broden's complaint.
IBTG
Surprisingly IBTG.
We have a presumption of innocence and for a judge, a judicial official to say Were gonna send a message is totally out of bounds.”
http://texaspress.com/law-a-the-media-in-texas-court-system-
- District Courts
A district may include more than one county, a single county or a county may have more than one district court. Larger counties have separate criminal and civil courts.
District courts have jurisdiction in felony cases. They also handle misdemeanors involving officials misconduct. District court judges preside over courts of inquiry.
District judges must be lawyers and are elected for four years.
- Justice of the Peace Courts
Justices of the peace may also conduct examining trials, imprison for nonpayment of fines and costs to enforce their authority, issue peace bonds, issue search warrants, set bonds in felonies and hold hearings in bond contests.
They may hold inquests andif the county has no medical examinerorder an autopsy. They may also conduct marriages, for which they expect to be paid.
Justices of the peace do not have to be lawyers.
Those who says JP’s are not “judges” are incorrect, at least as far as Texas is concerned. It’s unfortunate JP’s don’t have to be attorneys, and I bet the Waco fiasco will finally result in legislation this coming session to address the matter.
Here is an example. You will see Judge before each JP’s name -
http://www.dallascounty.org/department/jpcourts/jpcourts_intro.php
In most populous Texas counties JPs are attorneys. But I don’t think formally licensing was required to practice law in Texas until 1939 or 1940 -
https://tshaonline.org/handbook/online/articles/jos02
Texas is a big state. There is a reason why when the laws were first written JPs didn’t have to be attorneys. And it still true today in some Texas counties -
https://en.wikipedia.org/wiki/Loving_County,_Texas
“Loving County is a county in the U.S. state of Texas. As of the 2010 census, the population was 82, making it the least populous county in the United States. According to the U.S. Census Bureau, the county has a total area of 677 square miles.”
Of course none of the above should be construed as a defense of Peterson.
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