Speedy Trial Demand and Motion to Dismiss 2011

SPEEDY TRIAL MOTIONS March 2011 paper for DCDLA

District Courts:

Helen Roberts – 29 years of service
Danielle Eubanks – 18 years of service
Deborah Daily – 34 years of service

County Courts:

Dee Dee Woolbright – 30 years of service
Georgia Wilson – 37 years of service.

148 years of experience is hard to replace. Ladies, you will be sorely missed!

Tech Ethics and iPad for the Defense

1.                  Describe your legal education and list all courts, with date of admission, in which you have been admitted to practice. 

 I graduated from Mississippi College School of Law in 1991. That same year I was admitted to practice law in The State of Texas. In the spring of 2007, I was admitted to practice law in The Northern District of Texas.

2.                  With respect to the last five years, (if incumbent for more than one year, please refer to last five years as a practicing attorney) please indicate the number of cases in courts of record that you tried to a verdict or judgment (rather than settled).

      I have been in private practice for the last 3 1/2 years. Prior to my return to private practice, I served as Presiding Judge in County Criminal Court #1 and Criminal District Court #6, from 1999 – 2006.

      In the last 3 ½ years I have tried 4 cases to verdict.

(a)               What percentage of these trials was:

Jury?                                                   75%

Non-jury?                                           25%

(b)               What percentage of your litigation was:

Civil?                                                  0%

Criminal?                                            100%

3.                  Please describe how your law practice qualifies you for the office you currently hold or are seeking?         

            For nearly two decades I have been preparing myself for this office. I began my career in The Dallas County District Attorney’s Office in 1992. Over a five year period within the office I tried more than 250 criminal trials, and handled hundreds more.

            In 1998 I ran for office the first time. I was elected Judge of County Criminal Court #1. In 2002 I was re-elected to the same court, and in 2005, I was appointed by the Governor of Texas to preside over Criminal District Court #6. Over an eight year period of time, while serving the citizens of Dallas County as a criminal court judge, I presided over more than 450 criminal trials.

            I have represented individuals charged with various criminal state matters for approximately 5 years. During that 5 year period I represented individuals in state court for offenses ranging from DWI to Capital Murder.

            I believe my wide range of experience, and having seen the courtroom from every possible perspective, best qualifies me to serve as Dallas County District Attorney.

4.                  Are you certified as a specialist by the Texas Board of Legal Specialization in any area of the law?

No 

5.                  What is your definition of “justice” (as contemplated by Article 2.01 of the Texas Code of Criminal Procedure)?

            Justice is achieved when the truth about an allegation is revealed. A prosecutor’s primary role within the criminal justice system is not to seek convictions, but rather to see that justice prevails.

            Justice comes in a few different forms. Sometimes it means pursuing an individual, and seeking the maximum punishment allowed for the crime committed. Sometimes it means looking for ways to rehabilitate an individual, and offer them the assistance they need to get their lives back on track so that they can participate in society as a productive citizen. And sometimes justice requires that a case not be accepted for filing, or be no billed, or dismissed, because that is the just and right thing to do.

            Knowing which path to take requires the knowledge and experience that I believe I possess, to ensure justice for all.

6.         Discuss any plans you have to improve the administration of the office or make it more efficient?

            First of all, I believe surrounding yourself with a strong administration is important. Individuals who have a wealth of experience in dealing with the difficult administrative intricacies of the county can improve efficiency. I plan to surround myself with individuals who meet these criteria.

            Secondly, I believe having the ability to work with the other county departments, and commissioner’s court, not in opposition to them, serves the best interest of the citizens of Dallas County.

            I plan to work with our commissioner’s court, not in opposition to them, because I believe when we all work together as a team, we are all able to be more productive.

7.         Please describe your philosophy as to the role of the District Attorney (including personnel decisions, interactions with defense attorneys and prosecutors).

      I believe it is important to lead the office from the front, periodically trying the toughest cases personally. I believe this would help raise the morale in the office by instilling a shared sense of sacrifice and giving me a better sense of what’s going on in the trenches. I want to give the line prosecutors more discretion to handle cases as they see fit, and, at the same time, employ a hands-on style of management where the DA and his top staff are more involved in and aware of the important daily decisions made below the eleventh floor. I believe this approach is the only way to instill and ensure that my philosophy of justice is shared by my assistants. 

      This philosophy encompasses respect for the vital role of the defense bar in our system and respectful dealings with individual defense attorneys. My assistants will know that I will not tolerate any less.

8. Why are you seeking this office?

      I am running for Dallas County District Attorney because I care about our families, our community, and I believe I offer the voters a better, more qualified, experienced choice in this race. You would like to think that the top prosecutor in Dallas County (one of the largest jurisdictions in this country), at some point in his career has walked into a courtroom, announced “ready” on behalf of The State of Texas, and actually prosecuted a criminal case from start to finish. We don’t have that with our current district attorney. I have a proven track record as a former Dallas County prosecutor, and former Criminal District Court Judge, and I believe the citizens of this county deserve better. I believe we can do better.

9. Why are you the best candidate for District Attorney?

       I have been preparing myself for this job for nearly two decades. I began my career in the Dallas County District Attorney’s Office in February, 1992. Over a 5 year period in the district attorney’s office I participated in more than 250 criminal trials. I have tried the difficult cases, and I have represented hundreds of victims on behalf of the State of Texas. I know how to do the job, and I believe I know how to do it well. In 1998 I ran for office for the first time, and was elected Judge of Dallas County’s, County Criminal Court #1. I was re-elected in 2002, and in 2005 I was appointed by the Governor of Texas to preside over a newly created Criminal District Court. I spent 8 years presiding over criminal cases in Dallas County – cases ranging from DWI to Capital Murder. I also have 5 years experience on the defense side, representing individuals charged with various criminal offenses. In short, I have seen the inside of the courtroom from every possible angle. I have a unique view of the criminal justice system that few can claim, and I believe my vast legal experience, combined with my diverse background in criminal law distinguish me from my opponent.

 10. What are the most important attributes in an Assistant District Attorney?  How do you exemplify these attributes? 

      I believe an Assistant District Attorney must: 1) Have a strong sense of justice and a desire to do the right thing; 2) Have a healthy respect for the role played by each of the participants in our criminal justice system; 3) Have a burning desire to become a great trial attorney; and, 4) Understand that the right and just result only happens after relentless preparation in each case. I believe I possess each of these attributes and my entire career has been shaped by them.

 11. What measures are you taking (or will you take) to ensure that Assistant District Attorneys are seeking justice and exemplifying the attributes that you have defined as important?

    To ensure my philosophy is followed, I would surround myself with experienced criminal trial lawyers to help manage the office in a hands-on style, increase training (especially in the important areas of Brady and Batson), give line assistants more discretion, and personally try the toughest cases thereby setting an example for my assistants.

1.                  Describe your legal education and list all courts, with date of admission, in which you have been admitted to practice. 

Texas Tech University School of Law, JD

                  Board of Regents Scholarship

 State Bar of Texas              1996

Southern District of Texas   1996

Northern District of Texas   2004

Eastern District of Texas                 2009

Super Lawyer – Rising Star 2005

2.                  With respect to the last five years, (if incumbent for more than one year, please refer to last five years as a practicing attorney) please indicate the number of cases in courts of record that you tried to a verdict or judgment (rather than settled).

21 (All Criminal Cases)               

(a)               What percentage of these trials was:

Jury?                                                    80%

Non-jury?                                            20%

(b)               What percentage of your litigation was:

Civil?                                                    1%

Criminal                                                99%

3.                  Please describe how your law practice qualifies you for the office you currently hold or are seeking?

I have dedicated my practice to Criminal Law.  I was a prosecutor with the Dallas County District Attorney’s Office from 1996 to 2004.  I reached the level of Number 2 prosecutor in the Felony Trial Division.  I have been a Criminal Defense Attorney from 2004 to present.  I am also the Legal Counsel for the Latino Peace Officers Association.  In my legal career I have represented the State of Texas and the Citizens of Dallas County, Defendant’s accused of the most egregious of Crimes as well as Officers who have been involved in Police Shootings, gone before Internal Affairs and those accused of crimes.  Because of my practice I am in the unique position of having been involved in diverse situations that involve criminal law.  I have tried to represent the citizens of Dallas County, Police Officers and Defendants to the best of my ability.  As a result, I am able to view situations from all points of view and have a sound knowledge and understanding of the Penal Code, the Rules of Evidence and the Code of Criminal Procedure.   

 4.                  Are you certified as a specialist by the Texas Board of Legal Specialization in any area of the law?

No.

5.                  Please discuss your view of proper judicial temperament.

A judge should be patient and open to all arguments.  He should be respectful of the parties before him in that they should not feel that one side is favored over the other nor should they feel attacked.  He should allow the lawyers before him the opportunity to try their case thoroughly and with the confidence that their arguments will be heard and ruled on in a timely manner in accordance with the law.  A judge should never make law and in doing so he will give the attorneys the predictability to prepare their cases in accordance with what the law allows. 

6.                  Discuss any plans you have to improve the administration of the court or make it more efficient?

I am a proponent of e-filing for the criminal courts and also of the use of WIFI.  The use of WIFI will allow for attorneys to have access to research while a trial is underway.  I am also in favor of adding afternoon dockets to allow for greater access to the court.  In my court, docket will not be limited to the mornings to give greater access to those that may be caught in another county or court.  I am also a proponent of a centralized system for interpretation.

7.                  Please describe your philosophy as to the role your position (or the position you are seeking) plays in the criminal justice system?

In my opinion a judge is much like an umpire in that he is there not only to call the balls and strikes but to keep the same strike zone for all parties.  A judge should be predictable in that he shall follow the law as written no matter what party is adversely affected.  He should be patient and allow attorneys to make their legal arguments fully and rule quickly in accordance with the rules and the law.  A judge should enjoy the law and be open to new ideas in dealing with old issues.  A judge should be firm yet flexible in his approach.  A judge should never favor one side or the other, assert his opinion nor should he be afraid to rule in a way that is not popular. The goal should be to dispose of as many cases as possible and be open to alternative dispositions.  He should be aware of the time that jurors as well as witnesses for the state and defense take out of their life to be in court.  He should be mindful that attorneys from the defense bar need to be in many courts at once.  A judge should manage the docket, rule on legal matters fairly and according to the law and attempt to exercise judicial economy whenever possible.  He should protect the public from those who pose a risk to the citizens and attempt to work with those that show the willingness and the effort to improve.   

8.                  Why are you seeking this office?

I am seeking this office, first and foremost, because I am qualified to do so.  I have the first chair trial experience to know and understand what a lawyer goes through in their preparation and presentation of a case to a jury.  I have practiced criminal law almost daily at The Frank Crowley Courthouse since 1996.  I love the law and legal arguments and I believe that I have demonstrated the ability to be reasonable and have the ability to see arguments from both sides.  I also believe that I have proven myself to those who practice law at Frank Crowley to be a serious criminal practitioner that has shown the tenacity and desire to get things right.  I am independent in thought and action and am not afraid to make a decision no matter how unpopular it may be.  I believe that I demonstrate the skills and ability that criminal practitioners want to see out of a judge of whom they may be before. 

9.                  Why are you the best candidate for the position you are seeking?

Experience.  With over 100 jury trials, first chair, I have worked hard to be knowledgeable of the law and understand how it applies in real time.  I have handled as many cases second chair and have litigated hundreds of trials before the court, motions and hearings.  As a prosecutor and a defense attorney I have handled thousands of cases.  With that, I have gained the experience necessary to have the wisdom to know how to deal with the diversity of issues and people that may be before my court.  I have worked with defense attorneys, prosecutors, adult probation, court staff, clerks, bailiffs and coordinators to solve issues that have come up in my practice.  I know the law, have the trial experience, have working relationships with personnel at the courthouse and know how to get things done. The confidence in my ability is not based on hypotheticals but years of experience and relationships at the courthouse dealing with the issues that arise in criminal practice day in and day out.   I will follow the law, be available, treat all fairly, protect the public and be open to all alternatives available to dispose of cases.