Tag Archives: Texas Law

Bastrop Chickens Out?

Red was unaware that Bastrop had a free-range chicken sanctuary.  But the formerly bucolic tolerance of the fearless fowl is waning as residents complain of chicken overpopulation, noise and chicken waste.  Residents of Bastrop having led the charge against Jade Helm 15, now have something real to complain about.  Red has observed that the greatest myth about roosters is that they crow at dawn.  They crow all the damn time. The Wall Street Journal reports on chicken controversy.

A flock of feral chickens has been protected by law in Bastrop since 2009, given free rein to roam on a stretch of a paved road named Farm Street.

On a recent afternoon, cars slowed as roosters and hens crowed and clucked and strutted across the street, which is lined with bright yellow signs declaring, “Slow: Farm Street Historic Chicken Sanctuary.”

The flock is believed to date back to bygone farms in this town of 7,856 people some 30 miles southeast of Austin. The birds are beloved by the neighborhood, and when the city attempted to round them up, Farm Street residents pushed for sanctuary status.

Now, however, some in Bastrop are squawking. The birds are proliferating and migrating to other parts of town, where their all-night crowing and indiscriminate release of avian feculence isn’t considered charming.

Mayor Ken Kesselus has a message for the chickens who wander beyond the Farm Street sanctuary: You’re fair game.

A “bad rooster” responsible for flower-bed scratching and other offenses personally spurred the mayor to action last December.

“I organized a posse,” says Mr. Kesselus, a 68-year-old retired Episcopal preacher, “but we didn’t have any luck.”

The problem was that it was a “senior posse,” he says, and the bird easily flummoxed the older men for hours with his ability to scamper and fly. Undeterred, Mr. Kesselus returned the following day with some neighborhood teens and a fishing net. It took some effort, but they got their prey, he crows.

City council member Kay Garcia McAnally, author of the chicken ordinance, says the birds shouldn’t be blamed for straying from Farm Street.

“Unfortunately, they can’t read the signs,” she says.

Photo from www.365bastrop.com

Dope Smokers Get Free Pass in West Texas

Hudspeth County Sheriff Arvin West is refusing to take any more marijuana bust cases originating from the Sierra Blanca Border Patrol checkpoint on I-10 in west Texas.  West’s refusal has nothing to do with politics, ideology, Texas law, or the moving trend towards legalization of marijuana.  Rather, West is facing budgetary restraints that make taking the 20 to 30 busts a day an intolerable burden and also take up jail space that the County otherwise rents out for $45 a day.  NPR has the straight dope.

A federal inspection station on Interstate 10 in the West Texas desert earned the nickname “checkpoint of the starsfor all the entertainers who kept getting busted there. In the past six years, Willie Nelson, Snoop Dogg, Nelly and Fiona Apple were all arrested for possession of marijuana.

These days, though, after a decision by a local lawman, everyone from personal pot smokers to medium-size marijuana traffickers can avoid jail.

The Sierra Blanca Border Patrol checkpoint was once the bane of pot smokers driving from Los Angeles to Texas. Green-suited federal agents and their uncanny drug dogs would make 20 to 30 busts a day.

But for the past year, Hudspeth County Sheriff Arvin West has refused to take any more “checkpoint cases,” even those involving commercial quantities of marijuana worth thousands of dollars.

“I don’t have a problem whatsoever going out there and arresting them,” West says. “I just have a problem making my local taxpayers foot the bill for America’s problem. I’m not gonna do the federal government’s job.”

The checkpoint dispute is not about justice, it’s about money. The sheriff says there were so many checkpoint cases they occupied two of his full-time deputies and a fourth of the space in his county jail. This was OK as long as he was getting federal criminal justice grants, but those have dried up.

“When I occupy one of those beds it takes away from a paying customer back there,” the sheriff says.

His jail is a moneymaker. Like a lot of poor Texas counties, Hudspeth built an oversize jail so it can rent out excess space to other counties at $45 a night per prisoner.

Another Bush Reads from the Script

Land Commissioner and Bush family scion George P. is living up to his family legacy of being water boys for powerful corporate interests by leading a push to make it more difficult to add species to the national Endangered Species List.  And in doing so – George P. attacks the most endangered species in Texas – the trial lawyer.  Thanks  largely to Uncle George W.’s demagoguery and kowtowing to the insurance and medical lobby, the rights of Texas citizens to a fair trial have never been in more danger.  So George P. jumps on the bandwagon in paying obeisance to his corporate masters by attacking lawyers and sucking up to the Tea Party base.   The Texas Tribune has the full story.

The son of GOP presidential hopeful and former Florida Gov. Jeb Bush is leading an alliance of 23 state land commissioners in a charge against the Endangered Species Act, calling for more transparency on how animals are added to the federal endangered list.

In question is a practice known  “sue and settle” under which environmental advocates sue the federal government if it misses deadlines to respond to their petitions seeking to name a new endangered species. To avoid long court trials, agencies such as the U.S. Fish and Wildlife Service and National Marine Fisheries Service sometimes enter into settlements with the environmental groups filing the petitions. The end result, Bush claims, is species ending up on the list without sufficient scientific basis, and taxpayers end up footing the legal bills of both parties.

“The Endangered Species Act was designed to preserve biodiversity, not enrich trial lawyers and political activists,” Bush said in a statement. “It’s time to prioritize scientific assessments in conservation when dealing with property rights and our national security.”

But environmental groups that file such suits call those accusations unfair. Federal wildlife agencies can enter into settlements because its cheaper than trial and agencies often have to pay legal fees of the winning party if they lose a lawsuit under the Equal Access to Justice Act. This applies to more than just environmental plaintiffs.

Winning a settlement doesn’t guarantee an animal a spot on the endangered list. It only forces the agency to make a decision, which typically doesn’t come for months, or even years, after a settlement is reached, said Noah Greenwald, endangered species director at the Center for Biological Diversity. 

“Fish and Wildlife Service sometimes just doesn’t act unless they’re sued,” Greenwald said. “They have to get sued in order to list those species.”

In a resolution brought by Bush and adopted by the Western States Land Commissioners Association, the officials ask Congress to enact legislation requiring federal agencies to report legal expenses on “sue and settle” cases and relax the deadlines leading to such suits.

The settlements lead to “a flood of litigation,” Bush said, and the tactic “lines environmental groups’ pockets by looting the national treasury.”

Okay, George P. – how about ceasing a baseless smear job and coming up with some actual facts?  Since when is filing a legal lawsuit considered a criminal offense – i.e. looting?  Name one trial lawyer who has gotten rich filing these types of lawsuits?  Tell me whose pockets have been lined?  And what they did with the money?  And by the way, who has been lining your campaign pockets?  Would it by any chance be people who have the most to gain from a roll back of protection for endangered species?

Williamson County Judge Going to Prison for Illegal Arms Dealing

Former Williamson County Court-at-law Judge Timothy Wright was sentenced to 18 months in Federal Prison for his role in an illegal weapons trading scheme.  U.S. Attorney Richard Durbin, Jr. indicated the following in a Department of Justice pleading.  “While sworn to uphold the law, Judge Timothy Wright repeatedly violated federal laws governing the sale of firearms. He falsified official firearms records to hide the true identity of the real buyer and then lied to federal investigators about his crimes. These are serious crimes for which he has been held accountable.” Breitbart reports the details of the downfall of the jurist from deep in the heart of Tea Party Red Williamson County.

Federal prosecutors say that between June, 2014, and March of this year that Wright sold more than 60 pistols, without a federal license, and some of those guns were sold to felons, and other firearms ended up in Mexico.  

Wright’s home in Georgetown was raided in late March, he was arrested about a week later, spent a night in jail in Austin, and then plead [sic] guilty in federal court in May. He then resigned from the bench in Williamson County, saying that “No one is above the law, especially judges. 

Is Ken Paxton Also Just a Bad Lawyer?

Ken Paxton’s already shaky legal legacy took another hit this week when newspapers across the state began examining his role as an ad litem attorney for two children of Tanner Hunt – one of the children of Ray Hunt who killed himself in 2011.  According to the San Antonio Express-News, Paxton was an ineffective if not possibly corrupt ad litem attorney for the two young girls.  Paxton attempted to settle their claims to a multi-million dollar trust for $750,000 and would have had them disclaim inheritance rights to the larger Hunt oil family fortune.  Paxton appears to have been in way over his head in attempting to protect the rights of his clients.  Either that or something else was going on.  But either way, Texas’ top lawyer again has shown that he is simply not up to the job – whatever it is.

 Tanner Hunt, son of Dallas oil billionaire Ray Hunt, texted the mother of his two young daughters in fall 2011 for a picture of the girls in their Halloween costumes.

The next day, he took a Glock pistol, pressed it to his chest and fired a single shot, an Austin police report states.

At age 31, he left behind a $200,000 estate and no will, records show.

His daughters stood to inherit not only that estate but had potential inheritance claims on a $2 million trust that had been established for their father and possibly other trusts created by their great-grandfather, legendary wildcatter Haroldson Lafayette “H.L.” Hunt, who died in 1974.

But the following year, state lawmaker Ken Paxton was appointed attorney ad litem in Tanner Hunt’s probate case. He later put forth a settlement that called for Tanner Hunt’s daughters to receive just $750,000, which Paxton would invest for them — if they relinquished any claim on any further inheritances from the Hunt family.

That settlement was rejected by the girls’ mother, Crystal VanAusdal. It ultimately was replaced by a more generous, confidential settlement after the mother filed a motion asking the judge to recuse himself.

Red thinks there may be more.

Thanks for Nothing Katie Lang

Hood County Clerk and Tea Party favorite Katie Lang explains why she cannot fulfill the duties of her office because of her religious beliefs.  If that is the case, she needs to step aside and let someone who actually can perform one of the essential duties of the office take over.

Oh, and by the way, Lang’s religious beliefs ended up costing Hood County $44,000 in her failed attempt to deny a marriage license to Joe Stapleton and Jim Cato.  In fairness, Hood was led astray by that paragon of legal virtue – Attorney General Ken Paxton – who encouraged Texas civil servants to violate the law.  Off the Kuff has the details on how the taxpayers of Hood County took it in the shorts because of Lang.

Judge Orders Man to Get Married or Go to Jail – Red Wonders if There is Really Any Difference?

Smith County Judge Randall Rogers has taken judicial activism to a new level.  Joosten Bundy was arrested following an altercation with his girlfriend’s ex-boyfriend.  Rogers ordered Bundy to either get married to his girlfriend or face two weeks in jail.  Raw Story reports on the unusual (and probably illegal) ruling.

Bundy said that he got into the fight because her ex was being “disrespectful” to her, telling the judge, “I took matters into my own hands and I know that’s wrong.I know I was raised better, but it happened.”

“Is she worth it?” Judge Rogers asked Bundy, according to court transcripts.

“I said, well to be honest, sir, I was raised with four sisters and if any man was talking to a woman like that,” Bundy stated, “I’d probably do the same thing.”

That was when Rogers laid down the terms of his release.

“You know, as a part of my probation, you’re going to have to marry her within 30 days.” the judge said, telling him the alternative was 15 days in jail.

“He offered me fifteen days in jail and that would have been fine and I asked if I could call my job [to let them know],” said Bundy. “The judge told me ‘nope, that’s not how this works.’”

According to Jaynes, who was in the courtroom at the time, the judge then embarrassed her by making her stand up.

“My face was so red, people behind me were laughing,” said Jaynes. “[The judge] made me stand up in court.”

“It just felt like we weren’t going to be able to have the wedding we wanted,” she explained. “It was just going to be kind of pieced together, I didn’t even have a white dress.”

The couple got a marriage license and were married by a justice of the peace, but Bundy was unhappy because the impromptu wedding meant many in is his family couldn’t attend, and Jaynes father criticized the judge for forcing the wedding on the young couple.

“[I felt] anger; I was mad. [The judge] can’t do this by court ordering somebody to be married,” said Kenneth Jaynes. “I contacted a couple of lawyers but they told me someone was trying to pull my leg…that judges don’t court order somebody to get married.”

According to a local attorney, Rogers’ ruling was illegal.

Ken Paxton Ignores First Rule of Holes

The news just isn’t getting any better for embattled Attorney General Ken Paxton who now faces possible contempt charges over his refusal to follow the law of the land on same-sex marriage following the U.S. Supreme Court’s ruling.  Paxton has put up roadblocks wherever possible to state recognition of same-sex marriage hoping no doubt to assuage to his Tea Party base in light of his other legal troubles.  Under the guidance of Paxton, the Texas Department of health has so far denied a terminally ill gay man a death certificate naming his legally wed spouse as his husband. AP reports on the brewing controversy in a federal court in San Antonio.

Judge Orlando Garcia ordered Paxton to appear in a San Antonio federal court next Wednesday after a Houston gay man was not provided an amended death certificate for his husband. The court order comes just two days after Paxton was booked on securities fraud charges.

The hearing is to determine whether Paxton and Kirk Cole, interim commissioner of the Texas Department of State Health Services, should be held in contempt after potentially disobeying a July 7 court order barring the state from enforcing any laws “that prohibit or fail to recognize same-sex marriage,” according to the court order.

Garcia further ordered that state officials must provide an amended death certificate to John Stone-Hoskins of Conroe, who had filed court papers earlier Wednesday asking the judge to force Texas officials to place his name on the certificate for his husband, James Stone-Hoskins, who died in January. The two were married last year in New Mexico. 

He had argued that the U.S. Supreme Court’s landmark decision on gay marriage in June means his name should be placed on his spouse’s death certificate. The ruling required all states to recognize same-sex marriages, even those performed elsewhere, and overturned any legal bans.

The certificate listed James Stone-Hoskins as single and referred to his husband as a “significant other.” In court papers John Stone-Hoskins says he’s facing a terminal illness and wants to settle his estate and have state records recognize his marriage. He added during a news conference Wednesday that he should be able to inherit his spouse’s estate but cannot because the certificate doesn’t list him as the surviving spouse. Complicating matters was that his husband didn’t have a will when he died, according to court papers.

“This is about every same sex couple that’s going through or could go through what I’m going through now,” he said.

The Texas Department of State Health Services has said it’s reviewing the Supreme Court ruling to determine if changes must be made to death certificate documents.

“This involves taking a broad look at a variety of forms and vital records,” agency spokeswoman Carrie Williams said in a statement provided earlier to WFAA-TV in Dallas. “Our attorneys are working with the AG’s office on the analysis. We hope to finish the analysis in the coming weeks. Once we complete that analysis, we would make any necessary changes as soon as possible.”

 

Speed on Brother, Hell Aint Half Full (of Texans) Yet.

Texas is the best place to speed in the US.  Anyone who has recently driven on the racetrack that is I-10 between Houston and San Antonio can testify to that fact.  Red was doing 85 in the right line recently and cars were blowing by in the left lane at speeds up to an estimated 105 mph. And why not drive like the proverbial bat released from Hades?  According to WOAI – the consequences of speeding are much less in Texas than in the rest of the country.  Red would argue that the chances of actually getting a speeding ticket in Texas are slim.  The DPS has been stretched to thin by Gov. Abbott (TP-Texas) sending them on a fool’s errand on the Texas border. Trying to enforce Texas law is weak tea compared to grandstanding on immigration issues.

Texas has by far the most lenient speeding laws in the country, according to a study by WalletHub.com.  WalletHub analyst Jill Gonzales says they measures a number of factors, from that the posted speed limit is, to how strict the penalties are for people who have been apprehended.

 One example, Gonzales says, is at what point the minor offense of ‘speeding’ gets kicked up to the far more series offense of ‘reckless driving.’   For example, in Virginia, driving more than 20mph over the speed limit is automatically considered to be ‘Reckless Driving,’ and a motorist can get up to three months in jail for the first offense.  She says Texas is one of the few states where speeding is never considered reckless driving, no matter how fast you’re going.

 “Texas has no limits, so it is unclear what is reckless driving to the police officer who pulled you over,” she said.

 Almost every other state considered a third offense of speeding over a certain amount to be reckless driving, but Texas doesn’t.

  “There is no minimum jail time for the first or the second offense, and there is no license suspension on the records, either.”

Gonzales says Texas is also one of a handful of states without an ‘absolute’ conviction for going over the speed limit.  In most states, a radar reading of 10 miles over will be adjudicated guilty by a judge, but in Texas, a motorist can argue that there were extenuating circumstances, like the motorist was passing a vehicle or trying to avoid an accident.

Texas also gets high marks for outlawing cameras to register a motorist’s speed and automatically send a ticket, about a third of the states allow that.  Texas also does not have additional penalties allowing an officer or a judge to bump a routine speeding arrest up to ‘aggressive driving.’

Texas also caps the fine for speeding to $200.  In many states, the fine can be $1,000 or more.  In Virginia, for example, the fine for speeding can be $2,000, in Washington state its $5,000.  Texas also does not allow license suspension for speeding.  The aforementioned Virginia allows a motorist’s license to be suspended for up to 3 months for a first offense.

 And, to top things off, Texas has hundreds of miles of I-10 and I-20 in west Texas where the speed limit is 80 mph, and a stretch of State Highway 130 with a posted 85 mile speed limit, the highest in the Western Hemisphere.

Photo from http://www.autoblog.com