Frisco DWI Lawyer & Attorney Blog

Collin County District Attorney Race Q&A

Hunter Biederman — Thu, 04 Feb 2010 10:08:05 -0800

Coming Soon! A 10 Question and Answer session with the candidates for Collin County District Attorney. This Q&A is a collaborative effort between myself and the Collin County Observer (CCO).

In the next couple of days, we will be sending out 10 questions to the candidates for DA. I think it will be helpful to see where the candidates stand on several of these issues. Because I am a criminal defense attorney who practices in the county, I have tailored some of the questions to reflect important issues to practicing attorneys. The other questions, with the help of the CCO are more geared towards the average voter who will not have much direct contact with the Judicial System.

The candidates will be given the questions in writing, and have several days to respond. I will post their answers here on the blog.

The State's "Biederman & Burleson" Motion in Limine

Hunter Biederman — Tue, 02 Feb 2010 14:02:47 -0800

Recently, we had a trial set in which the prosecutors filed some pretrial motions. While not uncommon for the prosecutors to file such motions, one of the items they requested I found quite interesting.

The prosecutors filed a "Motion in Limine." A Motion in Limine is the attorney asking the judge to make the opposing attorney ask permission in advance of doing something. Some common requests are for an attorney to request the opposing attorney to ask permission during trial in advance of offering expert testimony, or something else they think might be inadmissible and don't want the jury to hear.

Well, the State's Motion in Liminie starts out pretty normal, but they then add in the "Biederman & Burleson" Clause. Both my partner Troy Burleson and myself are both certified to administer Standardized Field Sobriety Tests. This is the same certification the police officer's have. I am an instruction in Standardized Field Sobriety Testing (I can teach the course that certifies the students). I guess they State doesn't like the jury know we have more specialized knowledge than most of the officers.

#8 of their motion reads that we cannot make:

"Any mention, during voir dire and the guilt/innocence phase of the trial, of defense counsel's personal experience regarding training, administration and/or certification in standardized field sobriety testing."

As you can see on their motion, #8 is lower than the others numbers, because it was added on a form motion.

So from now on, I hope future law books refer to this motion as the "Biederman & Burleson Motion in Limine." I know we at the office do.

Collin County District Attorney Race - Videos

Hunter Biederman — Sat, 16 Jan 2010 08:49:51 -0800

Recently, several candidates for the Republican primary came to the Allen Area Patriots club to discuss the race for Collin County District Attorney. Videos of the candidates were uploaded to youtube, and I have added them here to the blog. A big thank you to "mopenshaw" whoever you are.You can read bios of the candidates on my previous post HERE.

JEFF BRAY

GREG WILLIS

JAMES ANGELINO

PAST ARTICLES ON COUNTY RACES

Collin County Campaign Websites
Collin County District Attorney
Collin County Court 2
Collin County Court 3 (Collin County Observer)
Collin County Court 4
Collin County Court 6
219th District Court
296th District Court
JP - 4
District Clerk

Hunter Biederman is a DWI / Criminal Defense Attorney in Collin County. He publishes his blog (www.friscodwilawyer.com) which focuses on the Collin County and Texas legal system. He can be reached at friscolaw@gmail.com or (888) DWI-FRISCO.

Collin County Elections Ballot Placement

Hunter Biederman — Thu, 14 Jan 2010 03:22:39 -0800

Recently, the Collin County GOP held their draw for ballot placement on the upcoming primary. It has been said that ballot placement can affect votes. "Position effect is found to account for a bonus of 0.7% to 5.2% of the precinct-level vote share per position on the ballot." Below are the placements for some of the candidates on the ballot. Below that are some links and articles on the effects of ballot placement. The entire list of candidates and their placement on the ballot can be found on the Collin GOP website.

District Judge, District 219
• Scott J. Becker
• Angela Tucker
• Wendy McMillon

District Judge, District 296
• Keith Gore
• John R. Roach, Jr.

County Court at Law #2
• Sharon Ramage
• Jerry Lewis

County Court at Law #3
• Stewart Matthews
• Lance S. Baxter
• Barnett Walker

County Court at Law #4
• Linda Wynn Drain
• Matthew Goeller
• Chrysti Bryant
• David Rippel

County Court at Law #6
• Shawn Ismail
• Jay Bender
• Don High
• Terri Green

Justice of the Peace, Precinct 4
• Douglas Reeves
• W.M. "Mike" Yarbrough
• Kelley Don Adley

District Clerk
• Patricia Wysong Crigger
• Terrye Evans
• Alma Hays

Criminal District Attorney
• Jeff Bray
• Greg Willis
• James Angelino

County Judge
• Keith Self
• John Muns

County Commissioner, Precinct 2
• Karl Voigtsberger
• Cheryl Williams
• Jerry Hoagland

County Commissioner, Precinct 4
• Kathy Ward
• Duncan Webb

Ballot Placement Journal Articles

Avichai, Yakov. "Equity in Politics: Name Placement on Ballots." American Bar Foundation Research Journal 4.1 (1979): 141-178.

Brockington, David. "A Low Information Theory of Ballot Position Effect." Political Behavior 25.1 (2003): 1-27.

Ho, Daniel E. and Kosuke Imai. "Randomization Inference With Natural Experiments: An Analysis of Ballot Effects in the 2003 California Recall Election." Journal of the American Statistical Assocation (2006).

Sinclair, Betty. "Is It Better to be First or Last? The Ballot Order Effect." Caltech. VTP Working Paper (2005).

Thanks to Center for Politics. Compiled by Isaac Wood, Dan Boyle, and William Cooper, University of Virginia Center for Politics.

PAST ARTICLES ON COUNTY RACES

Collin County Campaign Websites
Collin County District Attorney
Collin County Court 2
Collin County Court 3 (Collin County Observer)
Collin County Court 4
Collin County Court 6
219th District Court
296th District Court
JP - 4
District Clerk

Red Cross Haiti

Hunter Biederman — Thu, 14 Jan 2010 03:09:27 -0800

American Red Cross Pledges Initial $1 Million to Haiti Relief

Send a $10 Donation by Texting ‘Haiti’ to 90999

Editorial note: You can make a donation by calling 1-800-REDCROSS or 1-800-257-7575 (Spanish) or click on the Donate Now button.

National Headquarters
2025 E Street, N.W.
Washington, DC 20006
www.redcross.org

Contact: Public Affairs Desk
FOR MEDIA ONLY
media@usa.redcross.org
Phone: (202) 303-5551

WASHINGTON, Wednesday, January 13, 2010 —

The American Red Cross is sending money, supplies and staff to Haiti to support relief efforts there after yesterday’s earthquake, which caused catastrophic damage and loss of life.

According to reports, as many as three million people may have been affected by the quake, which collapsed government buildings and caused major damage to hospitals in the area.

The Red Cross is contributing an initial $1 million from the International Response Fund to support the relief operation, and has opened its warehouse in Panama to provide tarps, mosquito nets and cooking sets for approximately 5,000 families.

In addition to Red Cross staff already in Haiti, six disaster management specialists are being deployed to the disaster zone to help coordinate relief efforts. At this time, the American Red Cross is only deploying volunteers specially trained to manage international emergency operations.

There has been an outpouring of support from the public. To help, people can make an unrestricted donation to the International Response Fund at www.redcross.org or by calling 1-800-REDCROSS (1-800-733-2767). The public can also help by texting “Haiti” to 90999 to send a $10 donation to the Red Cross, through an effort backed by the U.S. State Department. Funds will go to support American Red Cross relief efforts in Haiti.

Debris and collapsed bridges are making access to many areas extremely difficult. Telephone service and electricity are out in many places. Haitian Red Cross staff worked throughout the night to rescue people still trapped in their homes and provide first aid. The priority remains to provide food, water, temporary shelter, medical services and emotional support.

The American Red Cross already had fifteen staff in Haiti providing ongoing HIV/AIDS prevention and disaster preparedness programs. All are reported to be safe and responding to the disaster.

To date, there have been no requests for blood products from the government of Haiti. However, some patients at an affected facility in Haiti have been moved to a Guantanamo Bay hospital, and the Armed Services Blood Program has asked both the Red Cross and Florida Blood Services for support for those patients. In addition, the American Red Cross will be sending a shipment of blood products to the United Nations Mission in Haiti.

While communication with those in Haiti is still difficult, people should contact the U.S. Department of State, Office of Overseas Citizens Services at 1-888-407-4747 if trying to reach a U.S. citizen living or traveling in Haiti. If trying to reach a Haitian citizen, callers should continue to call or contact other family members who live nearby.

While donations are coming in for Haiti relief, the initial American Red Cross response is made possible in part by contributions from members of the Red Cross Annual Disaster Giving Program (ADGP). The following partners designate a portion of their ADGP commitment to the International Response Fund: American Express, John Deere Foundation, Kimberly-Clark Corporation, Morgan Stanley and State Street Foundation.

How to Help

We are not accepting volunteers to travel to Haiti. If you would like to volunteer for the American Red Cross, please contact your local chapter.
For inquiries about relatives living and who have citizenship in Haiti, please be patient and call repeatedly until the lines clear or contact other family members who live nearby. Telephone, Internet and other communication lines are often disrupted in times of disaster.
People trying to locate U.S. citizens living or traveling in Haiti should contact the U.S. Department of State, Office of Overseas Citizens Services, at 1-888-407-4747 or (202) 647-5225.

Photo: Matthew Marek, American Red Cross

About the American Red Cross:
The American Red Cross shelters, feeds and provides emotional support to victims of disasters; supplies nearly half of the nation's blood; teaches lifesaving skills; provides international humanitarian aid; and supports military members and their families. The Red Cross is a charitable organization — not a government agency — and depends on volunteers and the generosity of the American public to perform its mission. For more information, please visit www.redcross.org or join our blog at http://blog.redcross.org.

How to Ensure Not Getting Political Support

Hunter Biederman — Mon, 11 Jan 2010 12:56:56 -0800

With the politics season on the rise, I have been getting tons of mail from people running for office and asking for money. I think one of the best ways to ensure you wont be getting a contribution is to send a letter to me like this:

Yes, please address it to "Hunter Benavides" at the Collin County District Attorney's office, but use my private practice address. Perfect! Make sure to put in a form letter with it as well.

2010 Changes to ALRs (License Suspension Hearings)

Hunter Biederman — Fri, 08 Jan 2010 12:57:17 -0800

About a year ago, I wrote about new rules for ALR (License Suspension). That post gave you "Everything You need to Know about the New ALR Rules". Then, we saw New ALR (Transportation Code) Changes come down the pipes. Well, it looks like 2010 is bringing some change too.

Here's the problem. The SOAH rules of '09 say you need to use the Texas Comptroller Website to calculate mileage. But according to that website:

As a result of House Bill 605, 81st Legislature, Regular Session, the Comptroller's office no longer publishes the Texas Mileage Guide.

Uh, Oh. . . .

Well, it seems that Automobile Mileage is now 50 cents per mile (as of Jan. 1, 2010) according to the new website. However, there is no calculation tool to use. So I guess we need to go with google maps, or another website to find the mileage.

That's all I know for now, I will report back later as any developments come forward. I think I am the first one to discover this??

The Race for Justice of the Peace 4 (Frisco area)

Hunter Biederman — Sun, 03 Jan 2010 09:48:49 -0800

This year's republican primary is set to be contested for the Justice of the Peace, Precinct 4. Justices of the Peace's primary function is to hold civil court both justice and small civil claims. They also can preside over weddings. JP-4 handles tons of Toll Booth violations as well.

I understand there are 3 candidates, and I only personally know two. Kelley Adley, and Mike Yarbourough, the current sitting JP. Below is a profile on both candidates. I will add any additional candidates including Doug Reeves later once I see websites up, or learn more about them.

KELLEY ADLEY

Kelley Adley works in the County Court and has served as a Senior Criminal Investigator for the Collin County District Attorney’s Office, where his responsibilities included reviewing police reports, gathering criminal evidence and documentation, interviewing victims for criminal trial testimony, business and medical record affidavits, and issuing and serving subpoenas. Additionally, Adley is a Volunteer Firefighter in Prosper. While serving the community, Adley earned his MBA from LaTourneau University.

"I want to restore integrity and honesty to the office while reestablishing accountability. Together we can tackle the issues facing local families and the community. The schools need our help with truancy and minor offenses. Our children are our future and keeping them on the right track is vitally important.

I pledge to work full-time with real production. I will have an open door policy and will respond to all questions and concerns of all the people of Precinct 4. We must address real issues and solutions. Join with me in reestablishing JP Court Precinct 4 as 'the People’s Court'."

More about Mr. Adley can be found on his campaign website at www.kelleyadley.com.

MIKE YARBROUGH

Mike Yarbrough is the current sitting JP of the court. He has held this position since 1998. Mr. Yarbrough holds a B.A. in political science from the University of New Mexico earned a J.D. from Califormia Western School of Law, San Diego. He earned these degrees degrees while serving in the United States Marine Corps and retired as a Major.

Prior to serving as a JP, he has has served as a federal and state prosecutor, law professor at the
University of Oklahoma, municipal judge, a Department of Defense
Ethics Counselor and legal liaison, as well as running a private law
practice.

More about Mr. Yarbrough can be found on his campaign website at www.judgemikeyarbrough.com.

PAST ARTICLES ON COUNTY RACES

Collin County Campaign Websites
Collin County District Attorney
Collin County Court 2
Collin County Court 3 (Collin County Observer)
Collin County Court 4
Collin County Court 6
219th District Court
296th District Court
District Clerk

Collin County Judicial, DA, Clerk, & Commissioner Races

Hunter Biederman — Sat, 02 Jan 2010 13:29:31 -0800

I have written many articles on the changing courts and justice system in Collin County. Many of the posts have been updated to include new candidates, websites, and information about the candidates. I decided to make one big post showing all of the articles and websites of the contested races as I know them. All candidates are running as Republicans in the Republican primary with the except of a lone Democrat in the District Attorney Race.

If you click on the Court/Job Title, it will lead you to an article about the candidates. Most of the Judicial articles are written by me. Some of the other candidates are courtesy of the Collin County Observer.

JUDICIAL RACES

Collin County Court 2
Judge Jerry Lewis - www.judgejerrylewis.com
Sharon Ramage - www.ramageforjudge.com

County Court 3
Barnett Walker - www.walkerforjudge.com
Lance Baxter - www.baxterforjudge.com
Stewart Matthews - No site yet

County Court 4
Linda Wynn Drain - www.lindawynndrainforjudge.com
Dale Rose - www.roseforjudge.org
Matthew Goeller - www.mattforjudge.com
Dale Rose - www.roseforjudge.com
Christi Bryant - www.chrystibryantforjudge.com
David Rippel - www.rippelforjudge.com

County Court 6
Shawn Ismail - www.ismailforjudge.com
Terri Green - www.terrigreenforjudge.com
Jay Bender - www.benderforjudge.com
Don High - www.donhigh.com

219th Judicial District Court
Scott Becker - www.beckerforjudge.com
Angela Tucker - www.angelatuckerforjudge.com
Wendy McMillon - www.mcmillonforjudge.com

296th Judicial District Court
Keith Gore - www.goreforjudge.com
John Roach Jr. - www.judgeroach.org

Justice of the Peace - 4
Kelley Adley - www.kelleyadley.com
Mike Yarbrough - www.judgemikeyarbrough.com
Doug Reeves - no site yet

DISTRICT ATTORNEY

Collin County District Attorney
Greg Willis - www.gregwillis.org
K. Jefferson Bray - www.brayforda.com
James Angelino - www.angelino4da.com
Rafael de la Garza - www.delagarzaforda.com

COURT CLERKS

Collin County District Clerk
Terrye Evans - www.electterryeevans.com
Alma Hays - www.electalmahays.com
Patricia Crigger - www.votecrigger.com

COLLIN COUNTY COMMISSIONERS

Collin County Judge
Keith Self (incumbent) - www.keithself.com
John Muns - www.johnmuns.org

Commissioner - Precinct 4
Kathy Ward (Incumbent)- www.kathyward.org
Duncan Webb - www.duncanwebb.org

Commissioner Precinct 2

Jerry Hoagland (Incumbent) - www.jerryhoagland.com
Karl Voigtsberger - www.electkarl.org
Cheryl Williams - www.votecherylwilliams.com

The Race for the 296th District Court of Collin County

Hunter Biederman — Fri, 01 Jan 2010 21:19:55 -0800

I found out recently that there will be a contested race for Republican Primary for the 296th District Court. The court currently held by John Roach Jr., will be contested by McKinney attorney Keith Gore. Right now, the court only hears civil cases because John Roach Jr.'s father, John Roach is the District Attorney. John Roach Sr. will be stepping down, meaning the court will now hear civil and criminal cases once again. Below are bios on the candidates. As they put up campaign websites and I gain information on their campaigns, I will post it here.

KEITH GORE

Keith Gore is a McKinney attorney in practice since 1997. Mr. Gore is a graduate of TCU and the University of Mississippi Law School. He was a former assistant district attorney in Dallas County (Chief misdemeanor prosecutor and felony prosecutor), served as prosecutor for City of Frisco, Foreman of the Grand Jury in 2008, former Municipal Court Judge, City of Trenton, Texas, and is certified to handle death penalty cases. Mr. Gore currently handles both civil litigation and criminal defense with the firm he founded, the Law Office of Keith Gore.

"The citizens of Collin County need a judge who is qualified to handle all cases filed with the court, including the most serious criminal cases, like capital murder, crimes against children and sexual assaults. I am the only candidate qualified to handle this broad range of cases."

More information can be found on his (future) website www.goreforjudge.com

JOHN ROACH, Jr.

John Roach, Jr. is the current Judge of the 296th District Court. He was elected in March 2006 and took office January 2007. He is a former partner in the firm Albin, Harrison, and Roach where the firm practiced in business and General Civil Law including Medical Malpractice Insurance Defense, Municipal Law, Business and Corporate Law, Family Law, Land Use and Zoning, Wills, and Commercial and Business Litigation.

Mr. Roach is a graduate of the University of Texas at Austin and St. Mary's University School of Law and served in the United States Marine Corps Reserves.

"I am very excited about my upcoming campaign for reelection as Judge. I enjoy the campaign trail because it allows me to talk about the court system, my philosophies about the law and get to meet so many new people. I have worked tirelessly in this position for the last 3 years and look forward to the next 4 years."

More information about Mr. Roach can be found on his (future) campaign website at www.judgeroach.org.

PAST ARTICLES ON COUNTY RACES

Collin County Campaign Websites
Collin County District Attorney
Collin County Court 2
Collin County Court 3 (Collin County Observer)
Collin County Court 4
Collin County Court 6
219th District Court
District Clerk

The Race for the 296h District Court of Collin County

Hunter Biederman — Fri, 01 Jan 2010 06:23:10 -0800

found out recently that there will be a contested race for Republican Primary for the 296th District Court. The court currently held by John Roach Jr., will be contested by McKinney attorney Keith Gore. Right now, the court only hears civil cases because John Roach Jr.'s father, John Roach is the District Attorney. John Roach Sr. will be stepping down, meaning the court will now hear civil and criminal cases once again. Below are bios on the candidates. As they put up campaign websites and I gain information on their campaigns, I will post it here.

KEITH GORE

Keith Gore is a McKinney attorney in practice since 1997. Mr. Gore is a graduate of TCU and the University of Mississippi Law School. He was a former assistant district attorneya in Dallas County (Chief misdemeanor prosecutor and felony prosecutor), served as prosecutor for City of Frisco, Foreman of the Grand Jury in 2008, former Municipal Court Judge, City of Trenton, Texas, and is certified to handle death penalty cases. Mr. Gore currently handles both civil litigation and criminal defense with the firm he founded, the Law Office of Keith Gore.

More information can be found on his (future) website www.goreforjudge.com

JOHN ROACH, Jr.

Mr. Roach is a graduate of the University of Texas at Austin and St. Mary's University School of Law and served in the United States Marine Corps Reserves.

More information about Mr. Roach can be found on his (future) campaign website at www.judgeroach.org.

PAST ARTICLES ON COUNTY RACES

Collin County Campaign Websites
Collin County District Attorney
Collin County Court 2
Collin County Court 3 (Collin County Observer)
Collin County Court 4
Collin County Court 6
219th District Court
District Clerk

Collin County DA Denies Citizen From Pleading Guilty

Hunter Biederman — Mon, 21 Dec 2009 07:27:24 -0800

A couple of weeks ago, I happened to be present in the 429th District Court and saw an individual, Mr. Robert Blackburn trying to plea guilty, but was barred in doing so by the Assistant District Attorney. I didn't think too much of it at the time, because I have seen the DA do this many times -- including to my clients.

What happened differently on this occasion, is that the (visiting) Judge John McCraw stood up to this ridiculous practice. I was pleased to read a great article by the Collin County Observer reporting the incident and subsequent appeal by the DA.

The Law

First, lets go through how a criminal case is disposed.

A person accused of a crime may either plea guilty or plea not guilty regarding criminal charges against them.

Plea Not Guilty

Texas has a bifurcated trial system, meaning "two parts." The first phase is to determine whether or not a person is guilty, the second phase is to determine punishment (if found guilty). Obviously if found not guilty, there is no punishment phase. As far as the second phase goes, one must choose before the trial begins as to whether or not to have the judge or jury handle sentencing if found guilty.

1. Plea Not Guilty, Judge Punishment: A citizen requests a jury to determine if they are guilty or not guilty, and if found guilty, elect the judge to impose punishment. This is the most common, as most attorneys know that judges get to see lots of cases and can understand the seriousness/non-seriousness of the particular crime. Additionally, it is easier for an attorney to advise a client on the likely punishment if you know who will be doing the sentencing opposed to jurors you have never met.

2. Plea Not Guilty, Jury Punishment: A citizen requests a jury to determine if they are guilty or not guilty, and if found guilty, elect the jury to impose punishment. If in front of a tough, unreasonable, or unknown judge, one might elect a jury of their peers to decide their fate.

Plea Guilty

1. Negotiated Plea: This is the most common plea. The DA and the citizen (often with the help of their attorney), negotiate a punishment, and they plea and receive punishment.

2. Non-Negotiated "Slow" Plea: If a citizen accused wants to plea, but cannot agree with the DA on punishment, they can enter a "slow plea." This means the accused will plea guilty, but allow the jury to assess the punishment.

2. Non-Negotiated "Open" Plea: If a citizen accused wants to plea, but cannot agree with the DA on punishment, they can enter an "open plea." This means the accused will plea guilty, but allow the judge to asses the punishment.

The Case

In this case, the defendant, Robert Lee Blackburn was charged with 4 felonies after he bit a Plano Police officer while being arrested for possession of cocaine. It seemed that everyone agreed as to his guilt, but there was no agreement on what the punishment would be.

Mr. Blackburn and his attorney agreed he should plea guilty, and wanted the presiding Judge (in this case, Judge Jill Willis) to assess punishment. Mr. Blackburn wanted to plea guilty in an "open plea," but the District Attorney refused to allow him to do so. They did this by invoking the State's right to a Jury Trial.

In Texas, the State has a right to a jury trial. It's a bit silly in my opinion, but too complicated to debate in this article the legality of the whole issue. I'll save that for another article.

By invoking the right to a jury trial, it means that a defendant CANNOT enter an "open plea." This means that if Mr. Blackburn wants a judge to assess his punishment, he must plea not guilty, go through the farce of a jury trial, and elect the judge to impose the sentence.

That is exactly what the Assistant District Attorney, Gary Knapp forced upon Mr. Blackburn's. I do not know if this was his personal decision, or if someone higher up in the office instructed him to do this. (The Observer reported and provided a transcript showing Appellate Chief John Rolater who was arguing the case -- which is accurate at the second hearing. Originally it was Knapp barring the plea of guilty, and calling the Appellate department for assistance). In this case, the Judge did not allow the State to invoke their right to a jury trial, and ordered the plea be accepted. The State has since appealed, and the case is in limbo until the appellate court reaches a decision.

Why would the DA force a "sham" trial on a defendant when everyone agrees on their guilt?

There can be several possible reasons, none of which seem justified to me:

1. Forum Shopping - Forum shopping is an attorney (on either side of the case) attempting to pick what judge is going to hear a case. Defendant's cases are randomly assigned to courts, so one cannot pick a judge. However, visiting judges are often called in when judges are out of town, or want to run a "double-docket," to help clear out some cases.

I am almost positive I heard the DA that if Mr. Blackburn wanted to plea to a visiting judge, they would allow it, but not to the presiding judge. I cannot remember for sure, and am not willing to make this claim positively. I wish that a transcript available of the hearing that took place before the appellate department got involved. That is where the true hearing took place. I personally believe forum shopping was part of the reason why the DA did not allow the plea.

2. Padding Statistics - This is political gamesmanship. If a DA wants to boast about their conviction rate, they can pad the stats. I have seen Collin County DA literature boasting about conviction rates in the past. Additionally, if a prosecutor wants to look good to their superiors, they will try to win as many cases as possible.

The DA can offer really tough plea bargains to a defendant. This will bar someone from pleading guilty in a negotiated plea. In a court where the defendant chooses to allow the judge to accept punishment, this will force a trial if the state invokes their right to a jury trial. The DA will have a slam dunk case of guilt, and get to put it down as a win.

They will additionally get to put it up on the "Board" which is at the DA's office. The "Board" is where attorneys write down their trials they are having that week, along with the results. It was there when I was an assistant district attorney, and assume it is still there.

3. Practice for young prosecutors: I guess if someone wants some experience in a trial, they could force a sham trial just to get some experience. This is not what happened in this case, because these are felony prosecutors with plenty of trials under their belts already.

4. Manipulating the Punishment Range: The entire range of punishment is available to either a judge or a jury. With one exception: Deferred Adjudication. A citizen accused can only get deferred adjudication from a judge after a guilty plea (negotiated, or not negotiated). By barring a person from pleading guilty, the DA is barring the possibility of them getting Deferred Adjudication. Basically usurping the elected Judge's powers. The DA in this case says this is the reason for their behavior, however I have personally seen them do this in cases where the client is not even deferred eligible. I don't see why the DA would stop an elected presiding Judge (or in this case, a judge appointed by Governor Rick Perry) from doing the job they were put there to do.

My hope is that with this article, one of the new candidates for District Attorney will stop this archaic practice of barring a person from pleading guilty to an elected Judge thus forcing a sham trial. In the end, it is about the difference of what should be done, versus what can be done. After about seven years of the same elected District Attorney, I think a new DA will be the only factor that change this practice.

DOCUMENTS

Petition for Writ of Mandamus, In re John Roach, Fifth COA case number 05-09-01451-cv

Reporters Record, December 3, 2009 Texas vs Robert Lee Blackburn

Order granting Emergency Motion for Temporary Relief, In re John Roach, Court of Appeals, Fifth District.

Link to Court of Appeals case 05-09-014510-CV, In re John Roach

Link to Collin County cases 199-80283-08, 199-80284-08, 199-80285-08, 199-80286-08, State vs. Robert Lee Blackburn

Collin County Judicial Candidate Forum

Hunter Biederman — Mon, 21 Dec 2009 07:10:51 -0800

The North Collin County Republican Women and Collin County Republican Men's Clubs will be co-hosting a local Judicial Candidate forum open to the public on Tuesday, January 26th at Pike's Hall at Collin College in McKinney beginning at 6:00 p.m.

The forum will include: county clerk, district clerk, JP, county and district court candidates. The audience will be invited to ask questions. Judges Paul Raleeh (JP-1), Judge Corrine Mason (County Court 1) and Judge Chris Oldner (416th District Court) will be in attendance to explain what each level of court does.

I have gotten a lot of questions about if there will be any public forum with the candidates, and am glad to see this I will definitely report about the forum after.

PAST ARTICLES ON COUNTY RACES

Collin County Campaign Websites
Collin County District Attorney
Collin County Court 2
Collin County Court 3 (Collin County Observer)
Collin County Court 4
Collin County Court 6
219th District Court
District Clerk

The Race for Collin County District Attorney

Hunter Biederman — Sun, 06 Dec 2009 06:50:11 -0800

Collin County's District Attorney will have a new face at the helm beginning January 2011. Two term District Attorney John Roach has announced that he will not be seeking re-election. Following that announcement, several candidates have announced their intentions to run for the position. The Collin County District Attorney is charged with prosecuting all Felonies and Misdemeanors within the County. There are about 60 attorneys that work for the elected District Attorney, along with support staff and investigators. All candidates are running in the Republican primary, with the exception of Rafael De La Garza, who is running as a Democrat.

The Candidates:

GREG WILLIS

Greg Willis recently resigned as the judge of Collin County Court Six in order to run for District Attorney. Mr. Willis served as a judge for the court after being appointed in 2006 until his recent resignation. Prior to being a judge, Mr. Willis opened his own law firm in Plano, and his wife Jill (now a district judge) joined him at the firm. The Willis Law Firm was a general law practice, handling primarily criminal, employment and family matters. During this time, Mr. Willis served as President of the Collin County Bar Association and was twice named a SuperLawyer® by Texas Monthly. Mr. Willis also previously worked as a prosecutor at the Collin County District Attorney's office, and at the law firms, Haynes & Boone, LLP and Jones Day LLP.

A fifth generation Texan, Mr. Willis has stated that "[m]y experience as a judge, prosecutor, and attorney will enable me to serve in an effective manner from day one. As your District Attorney, I vow to aggressively prosecute crimes against children, sexual and domestic assaults, and drunk driving. Together we can keep Collin County safe, secure, and prosperous."

More about Greg Wills can be found on his campaign website, www.gregwillis.org.

K. JEFFERSON BRAY (JEFF BRAY)

Jeff Bray currently serves as the Senior Legal Advisor to the Plano Police Department. He has 11 years experience as a prosecutor, and is Board-certified in Criminal Law by the Texas Board of Legal Specialization. Mr. Bray is a fifth generation Texan and graduate of Texas A&M.

Mr. Bray has vowed to use smart prosecutions and his relations with local law enforcement to make the office more efficient. He has also taken aim at white collar crime, and especially identity thieves, vowing mandatory jail time for those offenders.

"I love my job at the Plano Police Department, but I am a prosecutor at heart. A man is lucky indeed if he can find a job that he loves and that also allows him to give back to his community. For me, that job is Collin County Criminal District Attorney."

More about Jeff Bray and his plans for the office can be found at www.brayforda.com.

JAMES "JIMMY" ANGELINO

James Angelino is an attorney currently in private practice, but spent much of his career in law enforcement. Mr. Angelino was an Assistant District Attorney in Denton for 11 years, and personally prosecuted more than 190 criminal cases to a verdict. He created and oversaw a DWI Prosecution Unit and personally provided hundreds of hours of advanced training to prosecutors and police officers around the state. Mr. Angelino was also a Dallas Police officer prior to his career as an attorney. He was decorated twice for saving lives as a police officer, and he was awarded the Bronze Star, among other commendations, for his service in Iraq as a U.S. Army officer following the attacks of September 11, 2001.

""The D.A.'s office is no place for on the job training. Never before have the challenges to public safety and our quality of life been greater. My experiences as a police officer, a soldier and prosecutor have given me a unique perspective about what it takes to protect the public from crime."

More about Mr. Angelino can be found on his campaign website at www.angelino4da.com.

JOHN ERIC REED

John Eric Reed is an attorney in private practice, and small local Business Owner since 1996. He has practiced criminal defense (Trial and Appellate), white collar crime, organized crime, DWI and general criminal defense and constitutional rights law. Mr. Reed is also a former Dallas Assistant District Attorney and former Special Assistant US Attorney.

More about Mr. Reed can be found on his facebook campaign page which can be found under, "John Eric Reed for Collin County District Attorney."

RAFAEL DE LA GARZA (D)

Rafael De La Garza is an attorney in private practice and Board Certified in Criminal Law by the Texas Board of Legal Specialization. Previously, Mr. De La Garza became a prosecutor with the Dallas County District Attorney’s Office under the tenure of John Vance.

After his tenure at the Dallas District Attorney's office, De La Garza was named Assistant United States Attorney for the Western District where he was recognized for handling tough drug and gang prosecutions and for his leadership and keen ability in coordinating multi-agency federal investigations.

"I plan to apply what I’ve learned both at the federal and state level to prosecuting cases and seeking justice as the Collin County District Attorney"

More about Rafael De La Garza can be found on his campaign website www.delagarzaforda.com.

PAST ARTICLES ON COUNTY RACES

Collin County Campaign Websites
Collin County Court 2
Collin County Court 3 (Collin County Observer)
Collin County Court 4
Collin County Court 6
219th District Court

Craig Watkins (Dallas DA) on Stephen Colbert

Hunter Biederman — Thu, 03 Dec 2009 15:19:34 -0800

The Colbert Repor t

Mon - Thurs 11:30pm / 10:30c

Craig Watkins

www.colbertnation.com

Colbert Report Full Episodes

Political Humor

U.S. Speedskating

Saw this recently, and thought I'd share it. Although I love what Craig is doing down in Dallas, I really think he could have been a bit funnier. . . .

The Race for Collin County District Clerk

Hunter Biederman — Wed, 02 Dec 2009 19:29:09 -0800

The Collin County District Clerk will have a contested primary this election season. The position is the head position of the clerks office, and has the duty to "protect the judicial records of the Collin County District Courts in compliance with the state constitution and state statutes." The District Clerk indexes and secures all court records collects filing fees, and handles funds held in litigation and money awarded to minors. They also compile the list of potential jurors for jury service. The District Clerk is responsible for issuing jury summons and maintaining a list of persons qualified or disqualified from service.

And now for the candidates. . . .

TERRYE EVANS

Terrye Evans currently serves as the Court Coordinator for the 219th District Court. Terrye is committed to remaining vigilant and will commit her office to new technologies that will aid in everyday office practices. Basically working smarter so as to deliver the best work-product possible to Collin County’s citizens, lawyers, judges and other county departments.

Terrye believes that, "we as taxpayers cannot afford to take the attitude that things are 'good enough'. The District Clerk's office should be in a continual state of improvement, working smarter to make customer and citizen interactions positive and helpful, rather than perplexing and puzzling."

More about Terrye and her plans for the office can be found on her campaign website at www.electterryeevans.com.

ALMA HAYS

Alma Hays begun her career at the District Clerk's Office. She is a graduate of Grayson County College with an Associates Degree in Business. Alma has worked as Paralegal and Office Manager for the Law Offices of Michael Sloan, a Court appointed Visitation Supervisor for children with at risk parents, and a Texas Supreme Court Process Server.

"I have developed a plan for moving the District Clerk’s Office into the future. I intend to incorporate a more progressive management style within the District Clerk’s office regarding the training of both management and staff, stressing the importance of customer service and effective use of technology. The result will be a more professional, efficient and customer oriented office, something that any taxpayer should expect and deserve."

More about Alma Hays and her plans for the office can be found at www.electalmahays.com

PATRICIA WYSONG CRIGGER

Patricia Wysong Crigger has served for 23 years in the District Clerk’s Office, the last 14 as Chief Deputy District Clerk. She holds a BBA from the University of North Texas.

"The District Clerk’s Office is effectively managed and fiscally responsible. As the old saying goes, 'If it ain’t broke, don’t fix it.' While our county continues to grow, so will the challenges faced by our office. This is not the time to change management on a whim.

More information about Patricia Wysong Crigger and her plans for the office can be found on her campaign website at www.votecrigger.com.

PAST ARTICLES ON COUNTY RACES

Collin County Campaign Websites
Collin County Court 2
Collin County Court 3 (Collin County Observer)
Collin County Court 4
Collin County Court 6
219th District Court

Collin County Campaign Websites

Hunter Biederman — Thu, 26 Nov 2009 18:29:25 -0800

I thought I'd put together a post of all the local Collin County candidate's campaign website. This will allow the voters to see what the candidates are all about (in their own words). All of the "contested" seats are in the Republican primary. I have not heard of any Democrats or Independents that plan on running. Therefore, whoever wins the Republican Primary will go uncontested in the general election.

Below are simply the websites of the candidates. If you want my take, just stop me in the halls of the courthouse and I'll be happy to add my opinion. . .

If you have a site and I do not have you listed, send me an email, and I'll be happy to add it here. There are a lot of candidates out there -- I did not purposely "snub" anyone, so please don't be insulted if I have you as a "No Site Yet," or I left your name off the list entirely. Email me if I missed you.

JUDICIAL RACES

Collin County Court 2
Judge Jerry Lewis - www.judgejerrylewis.com
Sharon Ramage - www.ramageforjudge.com

County Court 3
Barnett Walker - www.walkerforjudge.com
Lance Baxter - www.baxterforjudge.com
Stewart Matthews - No site yet

County Court 6
Shawn Ismail - www.ismailforjudge.com
Terri Green - www.terrigreenforjudge.com
Jay Bender - www.benderforjudge.com
Don High - www.donhigh.com

219th Judicial District Court
Scott Becker - www.beckerforjudge.com
Angela Tucker - www.angelatuckerforjudge.com
Wendy McMillon - www.mcmillonforjudge.com

296th Judicial District Court
Keith Gore - www.goreforjudge.com
John Roach Jr. - www.judgeroach.org

Justice of the Peace - 4
Kelley Adley - www.kelleyadley.com
Mike Yarbrough - www.judgemikeyarbrough.com
Doug Reeves - no site yet

DISTRICT ATTORNEY

Collin County District Attorney
Greg Willis - www.gregwillis.org
K. Jefferson Bray - www.brayforda.com
James Angelino - www.angelino4da.com
Rafael de la Garza - www.delagarzaforda.com

COURT CLERKS

Collin County District Clerk
Terrye Evans - www.electterryeevans.com
Alma Hays - www.electalmahays.com
Patricia Crigger - www.votecrigger.com

COLLIN COUNTY COMMISSIONERS

Collin County Judge
Keith Self (incumbent) - www.keithself.com
John Muns - www.johnmuns.org

Commissioner - Precinct 4
Kathy Ward (Incumbent)- www.kathyward.org
Duncan Webb - www.duncanwebb.org

Commissioner Precinct 2

Jerry Hoagland (Incumbent) - www.jerryhoagland.com
Karl Voigtsberger - www.electkarl.org
Cheryl Williams - www.votecherylwilliams.com

Comment Explosion on the Collin County DA's "Investigation"

Hunter Biederman — Tue, 24 Nov 2009 13:43:51 -0800

I recently showcased an article, "Two Local Judges Investigated in Grand Jury Investigation" by the Collin County Observer.

In general, I don't like just grabbing an entire article and posting in on our blog. I instead try to post and show my take on the matter. But his article was too good on the matter to do anything but post the entire article.

What I have found interesting, is not just the article itself, but the massive amounts of comments about the article. As of today, there are 64 comments on the article. I think that is the new story of the day.

I am posting the responses to the article below. It is interesting the progression from anonymous comments, to non-anonymous comments. Specifically with local attorney who often are the targets of these investigations.

Below are the comments from the site:

Comment from: FM Voter [Visitor]

Mr. Willis has served the citizens of Collin County with the utmost integrity and he will continue to do so if elected as our next DA. What happened to our secretive grand jury process? What a shame that this information is out in the public. This entire situation smells of political intimidation

Permalink 11/19/09 @ 09:43

Comment from: Christobell [Visitor]

Bill, thank you for tracking down this story. Both Jill and Greg Willis are honorable public servants. This certainly sounds like a political witch hunt.
In regards to Judge Wooten, wouldn't the Ethics Commission be the one filing charges, or am I mistaken.
I hope Judge Willis is our next District Attorney.

Permalink 11/19/09 @ 10:21

Comment from: Lindy [Visitor]

Having know Judge Willis for several years as a private citizen, he and his wife have my utmost respect because of their integrity in their private as well as their public lives.

The fact that this has leaked from a Grand Jury proceeding should send up red flags to everyone.

Permalink 11/19/09 @ 10:36

Comment from: Friend of Justice [Visitor]

The Texas Attorney General should provide oversight over this matter. The reputation of Collin County has declined severely under John Roach. I believe Willis to be an honest and fair man, so I welcome a special prosecutor in the case.

Permalink 11/19/09 @ 10:49

Comment from: bill [Member]

FM & Lindy,

I couldn't disagree more. The problem is not that these issues have become public. The problem is that they are happening at all.

Injustice done in secret is still injustice.

Thank you for your comments.

Bill

Permalink 11/19/09 @ 11:01

Comment from: bill [Member]

Christobell,

I'm not a lawyer, but it is my understanding that venue for campaign ethics violations is Generally in Travis County, and usually AFTER the Texas Ethics Commission has failed to get satisfaction.

Look at the Priddy case in Dallas. First the ethics commission fined him, then they fined him again, then the Texas Commission on Judicial Conduct ruled with a warning. Taking a campaign ethics case directly to a Grand Jury looks to be to be highly irregular.

I'd welcome any comments from attorneys familiar with the law and remedies on campaign ethics.

Bill

Permalink 11/19/09 @ 11:07

Comment from: FM Voter [Visitor]

Perhaps I didn't state that the correct way. I agree with you Bill. Injustice in any form, public or private, is injustice. As you stated, the problem is that these issues are happening at all.

Permalink 11/19/09 @ 11:17

Comment from: Interested Observer [Visitor]

If you dig a little deeper into Willis's background, especially during the time he was a prosecutor with Collin County, you just might find more information that shows he is not qualified to be the next DA of Collin County.

Permalink 11/19/09 @ 11:19

Comment from: Anon [Visitor]

Interested Observer,

I assume that you are referencing the altered and inconsistent Willis personnel file that DA Roach is giving to anyone who asks him - in violation of county policy.

Roach and his office using the Grand Jury for this type of activity is in violation of many laws, both State and Federal. If he has abused his office in this manner he and his assistants have committed first degree felonies and can be imprisoned for 5 to 99 years and fined $10,000 each.

Even by forcing Judge Wooten to not hear criminal cases they are impeding her ability to perform her lawful duties and are guilty of official oppression - a Class A Misdemeanor punishable by up to 1 year in prison and up to $4,000 fines.

It is time for the District Judges to stand up to the oppressive and illegal actions that have been practiced in this county since Roach took office.

Permalink 11/19/09 @ 11:37

Comment from: Drinda Randall [Visitor] · http://DinPlano

I believe it is an injustice that anyone can slander a person's reputation without consequences. This is dirty Chicago-style politics. Luckily Texans are far more aware of when something doesn't smell right. Americans are sick and tired of these petty games that would keep a good, ethical person from running. This is not a game to us anymore. We want action and return of ethics in our courts. We need Mr. Willis. He is everything we would want in a ethical, God-fearing politician. I have met him numerous times and you can see this is not a game to him he wants to do right by our citizens and our country. I pray we get more like him. So good luck with the 'case' against him because the good guys want their country back!

Permalink 11/19/09 @ 11:40

Comment from: Tom Daley [Visitor]

In my dealings with Judge Wooten in her court, I have found her to know the law and apply it with an even hand. That is a much bigger statement than anyone has made about her predecessor in a very long time.

I'm not impressed by general allegations of campaign finance "irregularities." In my last campaign, my opponent and I watched each other's Federal Election Commission filings like (hungry) hawks and, yes, both of us received letters from the FEC informing us that one report or another needed to be filed differently or with additional information. But neither of us ever made an issue of it--because it's not an issue.

Already the families, the accused, and businesses in Collin County must wait for justice because there are too many cases and too few courts. It's a huge disappointment to me that we will have to forego the careful jurisprudence of Judge Wooten in criminal matters until this witch hunt is over. The people of Collin County deserve better and they got better when we overwhelmingly elected Judge Wooten in 2008.

Permalink 11/19/09 @ 12:26

Comment from: Jonathan G [Visitor] · http://Roaches are meant to be stepped on!

It is quite clear that the DA and his team are going to waste tax payers dollars and try to smear a man full of integrity who is the front runner. People like the "Roaches" obviously are out for ill intent and also are what makes our political system drive away good people from running for political office.....Roach - I hope you get taken DOWN AND OUT of your JOB for this immature and irresponsible behavior - Tax payers HAVE ENOUGH.

Concerned citizen!

Permalink 11/19/09 @ 12:36

Comment from: Jim [Visitor]

More than anyone, the public demands that Judges FOLLOW THE LAW. That is in following the laws in campaigns, their court and activities and their personal lives. Let's wait and see what a grand jury says when they have reviewed the real evidence and not the rumor evidence. Wooten's win was attributed to her opposition's use of a controversial drug to fix drug use. I am not sure it was quite that simple.

Permalink 11/19/09 @ 12:56

Comment from: Joan Q [Visitor]

Unbelieveable! I would like to know who in the world is policing the District Attorney's office. It is hard to believe that our tax dollars are contributing to such corruption. Greg Willis was most probably the most honest, hard working, respectable judge that Collin County has seen. That the "DA" office is "investigating" him for anything is infuriating. Mr. Roach, stop the maddness. Why don't you quit "investigating" lawyers and judges and get back to the job that the citizens of Collin County really need you to do. Fight Crime. Good Grief!

Permalink 11/19/09 @ 12:57

Comment from: Andrew [Visitor]

It's a modern day Collin County witch hunt.
Yes, Jim, Judges do need to Follow the Law but by golly so does the District Attorney's office!

Permalink 11/19/09 @ 13:01

Comment from: Allen Resident [Visitor]

So, how do we know what's really going on? We moved here because it seemed like a nice place to live, not corrupt like some places. I am trying to keep up with the happenings in Collin County, but this makes my head spin, How do we find out the truth?

Permalink 11/19/09 @ 13:06

Comment from: Friend of Justice [Visitor]

Roach did not prosecute the men caught in the Murphy pedophile case and let those men go free. But now he is going after the judges instead? Roach has his priorities all wrong. He should be trying to find Ashley Estelle's killer.

Permalink 11/19/09 @ 13:56

Comment from: Interested Observer [Visitor]

This is not just about the possible irregular authorization of payments to defense attorneys representing indigent defendants. You might want to check with the prosecutors who practiced in his court and ask them why they stopped doing bench trials to him. You might find that he was finding too many defendants 'not guilty'. Is that what you want in a DA? You might also take a look at his personnel evaluations when he was a prosecutor. They are public record and can be obtained. Do we want a DA who, according to the evaluations, showed poor judgment, did not know the law, did not prepare, did not follow policy, and treated his subordinates poorly?

Permalink 11/19/09 @ 15:23

Comment from: Justice Wanted [Visitor]

Interested Observer wrote:

“You might want to check with the PROSECUTORS who practiced in his court and ask them why THEY stopped doing bench trials to him.

You might find that he was FINDING TOO MANY DEFENDANTS 'NOT GUILTY'.

Is that what you want in a DA?”
---

This peculiar smear campaign response is quite telling, isn’t it?

FIRST:

Note that “Interested Observer” speaks of asking prosecutors – not lawyers of all types – but only prosecutors. Why is that?

I’ll tell you why.

Because “Interested Observer” is only “interested” in keeping a job.

You see, this person works in the DA’s office and doubtless will be impacted by the very much needed heavy duty house steam-cleaning and defumigation of the stench reeking from the Collin County District Attorneys Office headed by the secretive “ego-meister”, John Roach.

SECOND:

As if to underscore my point, look at the wildly warped mindset of this DA’s office employee.

Is JUSTICE the concern mentioned?

Hardly. What is mentioned as an issue of concern is that too many people WERE FOUND INNOCENT.

And that means the prosecutors looked bad. Think about it.

How bad is the case when the State, with all of its’ immense powers, can not prove its’ charges?

When the State can’t substantiate its’ charges, the defendant is innocent. Which of course IS EXACTLY what we DO want to happen.

Innocent people should not be convicted, much less even charged.

BUT, if as does “Interested Observer”, you were to work in our DA’s office where Convict At All Costs is the main goal –

and your career and paycheck are dependent upon convictions –

instead of Justice At All Costs –

then you have a problem when the roaches crawl back under the refrigerator.

So what does “Interested Observer” do? Take a page right out of the Collin County DA handbook:

1) Conduct a smear campaign,

2) divert attention from the issues at hand, and

3) hide behind smokescreens as typified by our State’s penchant for holding grand jury hearings in secret from the public.

(Or for deigning long decided issues as being “under investigation” forever so that Freedom Of Information Act requests will be denied - forever.)

Permalink 11/19/09 @ 16:46

Comment from: Philip W. Moore, Jr. [Visitor] · http://www.pwm-law.com

I don't practice criminal law, and have no personal knowledge of the investigation regarding Greg Willis. With that said, I can comment on his personal reputation for integrity, honesty and overall exceptional character. The investigation involving Greg Willis had better hold water, because he is a man who's worthy of his good reputation. No political investigation should be allowed to take that away from him.

Permalink 11/19/09 @ 16:53

Comment from: Philip W. Moore, Jr. [Visitor] · http://www.pwm-law.com

Interested Observer,

Greg Willis has been a prosecutor, a defense attorney and a judge. He's got the most complete perspective of any candidate for the DAs office. An elected DA is elected to administer justice, not simply to get convictions. Your comments are so outrageous that they should be unconstitutional. Indeed, if Judge Willis conducted trials before him as you suggest, his actions would indeed be unconstitutional. How do you determine how many cases should result in a criminal conviction? Not long after Greg Willis took the CC at Law 6 bench, a client of mine (Larry Crow) had a son of his (don't remember his name) get thrown in jail for driving in excess of 100 mph on the George Bush Turnpike while he was drunk. If I recall correctly, the kid (23 or 23 at the time) was more reckless than he was intoxicated. What happened to the him? He got the biggest sentence that he could have gotten. Is that tough enough for you, Interested Observer?

-Philip

Permalink 11/19/09 @ 17:52

Comment from: Philip W. Moore, Jr. [Visitor] · http://www.pwm-law.com

Jim,

I thought Sandoval lost because he treated attorneys and litigants poorly. Moreover, Sandoval was the least regarded judge amongst the members of the bar for years. Sandoval also got lazy in a campaign where his opponent was motivated and had a good chance of ousting the incumbent. Yes, Sandoval came across as a puppet for Prometa, which is an expensive and ineffective treatment for methamphetamine addiction that Sandoval tested on "voluntary participants" like lab rats. There's just too much out there about Sandoval to surmise that he lost to Wooten because of election law irregularities.

Regards,

Philip.

Permalink 11/19/09 @ 19:17

Comment from: Collin County Taxpayer [Visitor]

Wasn't Mr. Roach the same DA that let hundreds of pedophiles lose in the Murphy sting - Perverted Justice?

I don't put much stock in the opinions of those who turn pedophiles lose to molest more children.

http://en.wikipedia.org/wiki/To_Catch_a_Predator#Murphy.2C_Texas

Permalink 11/19/09 @ 19:26

Comment from: tired taxpayer/employee [Visitor]

I am a firm believer in what goes around comes around and I think that things just might be coming around for Roach. Finally! We have watched this evil man corrupt this county for years. It almost seems that his daily goal is to see how many lives he can destroy. I will be glad when he is finally investigated and is brought down. I know firsthand, I am a Collin County employee!

Permalink 11/19/09 @ 19:45

Comment from: Collin County Citizen [Visitor]

OK... There are a lot of issues coming about.

First, it concerns me that a former judge is permitted to bring criminal allegations PERSONALLY to the grand jury. As a normal citizen, none of us conventionally have the right to pursue our own claims before the grant jury. We have to go through the DA's office. Perhaps there is some loop hole which Sandoval is exploiting, but it seems that Sandoval simply needs to move on. The election was nearly 2 years ago, and since then he has fought (and lost) to become a visiting judge in Collin County, the Dallas County, and now he's individually prosecuting his replacement? When will Sandoval be put out to pasture?

Secondly, John Roach has served the people of Collin County for a long time. Collin County has a reputation for being tough on crime, and I think that's a good thing. But, what 'tough on crime' means is that people who commit relatively minor offenses are punished. I think its unfair to hate John Roach for not prosecuting the parade of NBC's To Catch a Predator. That was an embarrassment, and Roach was recognized for his restraint. That's largely regarded in the legal community as the right choice. Also, I don't think a county employee should ambiguously call him an "evil man" without substantive evidence and examples. Being a county employee you surely see things on the inside. But, that raises the bar to provide examples, not rhetoric, in accusing elected officials. By all means, if you have concrete information - bring it forward!

I agree with Bill that the current DA must step aside in the investigation of a Collin County judge running to be the successor. But, I have to point out that a similar situation is going on in Dallas County. 7 - SEVEN - Criminal judges have paid DA Watkin's wife THOUSANDS of $$$$$ for 'political consulting'. Surely, that doesn't pass the smell test any more than Roach investigating his potential successor. My point here is that these things are happening on BOTH sides of the isle.

Permalink 11/19/09 @ 20:21

Comment from: Joe Jaynes [Visitor] · http://www.joejaynes.com

Greg Willis for DA!

Permalink 11/19/09 @ 20:23

Comment from: Collin County Attorney [Visitor]

Using the grand jury as a way of settling scores is an outrageous abuse of the legal system.

Suzanne Wooten is a fine judge and it is a disgrace that she is subjected to this "investigation" because of political motivation.

Investigating Greg Willis because of a dispute over fee payments to defense attorneys is ridiculous. If there is a dispute, maybe other measures could be taken like, oh I don't know, a discussion, etc. But a grand jury investigation?

Greg Willis for DA can't happen soon enough. Go Greg!!!

Permalink 11/19/09 @ 23:00

Comment from: Jean Power [Visitor]

Suzanne Wooten has been an excellent judge and applies the law to the facts - the way it should be done.

I am looking forward to the election of Greg Willis for DA. He is the most qualified of the candidates that I know of.

Permalink 11/19/09 @ 23:05

Comment from: eric lafleur [Member]

I always enjoyed wokingwith Greg Willis, both when I was in the DA's Office and he was a defense atorney, and later when I was a defense attorney and he was a judge. I really wish he'd kept his bench, or run for another one. But I believe the most qualified candidate for District Attorney is Jeff Bray.

Permalink 11/19/09 @ 23:43

Comment from: Interested Observer [Visitor]

It's pretty funny watching the Willis PR train at work. I am not a current prosecutor of the Collin County DA's office, don't know any of the players, including Roach or any of his prosecutors, and frankly, have no skin in this game other than wanting to ensure full transparency for the DA election. Spin it however you want, but if prosecutors in Willis's court won't try bench trials in front of him because they don't have confidence in him, then why should Collin County have confidence in him being tough on crime? And it's funny that no one has responded to my query to take a look at Willis's evaluations when he was actually a Collin County prosecutor.

Permalink 11/20/09 @ 06:48

Comment from: Collin County Attorney [Visitor]

I know several current and former prosecutors who support Greg Willis

Prosecutors who whine that a judge may actually find a defendant guilty should either

a. work harder and follow the rules of evidence like all the other attorneys do and

b. maybe not indict everyone who looks at them sideways.

I heard these same whiney complaints about Judge Copeland before he was a probate judge - "oh no! he actually makes the prosecutors meet their burden of prrof!" "Oh no, he actually finds defendants not guilty when our case blows!"

And no one cares about a personnel evaluation done by someone who obviously has a grudge against a candidate.

Someone please call this person a Whaaaaambulance

Permalink 11/20/09 @ 07:03

Comment from: Justice Wanted [Visitor]

Bill has redacted for name calling and asks that all comments be kept civil.
Bill

Interested Observer wrote:

“It's pretty funny watching the Willis PR train at work.

I am not a CURRENT prosecutor of the Collin County DA's office, don't know any of the players, including Roach or any of his prosecutors, ………..”

--

OK now we’re playing poorly planned word games. Note the incrementalist wordage “CURRENT” in the sentence above, spinning “Interested Observer” a little closer to the truth.

This person is in fact a CC DA employee afraid of job loss.

Oddly, this person then actually writes of knowing none of the DA office players (in fact not even Roach or any ADA’s) but then goes on smearing one of the players, specifically Judge Willis who happens to be seeking the office.

Next our petty character assassin mouthpiece, “Interested Observer”, vainly attempts a distraction by insinuating that the weary public’s outrage regarding John Roach and his band of cronies is merely PR work and specifically PR work for Judge Willis.

My points, made earlier and now, would be the same regardless of the candidates to replace the [REDACTED]. They would be the same if “Interested Observer’s” comments were about “Judge Judy” on TV.

“Interested Observer’s” twisted montage of mentally challenged, off point thoughts shows why CC prosecutors lose cases. And that reason remains that their Convict At All Costs mentality and “ethics” don’t hold water. Clearly the tired non sequitur rhetoric of being “tough on crime” equating with convictions is just that – a non sequitur. But “Interested Observer” clings fast to the politics, PR and practices of the Roach administration with a death grip. Small minds cling to small ideals.

What Collin County desperately needs is a Justice At All Cost district attorney in office as well as Justice At All Cost jurists on the benches. It is long past time for a serious house cleaning. Innocent Collin County residents’ lives are at stake. We all should be treated fairly, not as just notches on the prosecutors’ belts hoarded up to boost their paychecks.

For the record, I support any candidate, regardless of political party, etc., etc. that understands that the “duty of the District Attorney is to seek Justice, not convictions”.

Permalink 11/20/09 @ 09:54

Comment from: bill [Member]

I'm glad to see a spirited discussion of justice issues.

However, The Observer asks that you keep the discussion civil. I will not tolerate name calling or rude behavior.

I will delete all posts that do not meet a standard of "common courtesy"

Bill

Permalink 11/20/09 @ 10:20

Comment from: Justice Wanted [Visitor]

Sorry Bill.

I had to go back to find the offensive word because it didn’t come to mind.

It turns out, I used the name of a pesky insect as an all too convenient, hopefully humorous, metaphor for the current DA and his practices and legacy. I mention this only because I do not want readers of your fine reports to think that I stooped to using profanity in making my comments.

I did not and would not.

Admittedly, I do appreciate turns of a phrase in speech or the written word. However, my intention was not to name call with any untoward intent. I apologize.

Readers should simply replace the redacted word with the word “district attorney”.

Permalink 11/20/09 @ 11:21

Comment from: Collin County Republican Men's Club Member [Visitor]

Last night, the Collin County Republican Men's Club had their monthly meeting. I did NOT attend because they had Roach as the speaker. That really made me question the leadership of the Club.

Permalink 11/20/09 @ 11:41

Comment from: No Incumbents 2010 [Visitor]

No one should be above the law, even a judge. And running for DA does not give you immunity from law violations. The DA can't indict anyone, that decision is made by a grand jury. A lot of people here are expressing their opinion without knowing the facts. No one should be afraid that a grand jury is allowed to hear evidence. This is entirely appropriate under our criminal justice system no matter who the target of the investigation is. What is more outrageous is that Judge Jill Willis continues to hear criminal cases creating the appearance of favoritism towards defense attorneys who support her husband's DA campaign. Having said that, Greg Willis is completely unqualified for DA. Unless you think doing misdemeanor plea deals gives you all the state criminal trial experience a Texas DA needs to be a hands-on, ready-on-day-one leader/mentor of felony prosecutors. How many felony jury trials has Willis done as a prosecutor? There seems to be a lot of mindless following of the herd on this one as opposed to an objective evaluation on the merits of the various candidates and their public service/law enforcement record.

Permalink 11/20/09 @ 11:44

Comment from: Collin County Republican Men's Club Member [Visitor]

No Incumbents 2010-

I don't understand how Greg's qualifications and Roach's indictment are related?

Permalink 11/20/09 @ 11:54

Comment from: No Incumbents 2010 [Visitor]

Collin County Republican Men's Club Member- The grand jury has not yet issued any indictments. However I agree with you that many prefer to ignore the subject of Willis' qualifications, or lack thereof. My point is that Willis' people are using the fact that he is a candidate for office, to argue that the grand jury investigation is, ipso facto, "politically motivated" ... of course, the people who say this are not privy to the evidence, whatever it may be. This argument essentially says that if you are a candidate for office you are entitled to immunity from grand jury investigation. Nothing is more un-American than immunity from prosecution because you have political connections. The law is the law. We just need to allow the grand jury to complete its investigation without interference, instead of prematurely charging bias when we haven't even seen the evidence.

Permalink 11/20/09 @ 14:41

Comment from: bill [Member]

No Incumbents,

I disagree.

The problem is that the DA is investigating judges whose courts he and his staff appear in daily.

If he has a credible complaint against a sitting judge OR a candidate for his office, then he should immediately recuse the Collin County DA's Office and seek an outside prosecutor.

Otherwise, anything he does will be perceived as politically motivated.

Once again, I call on John Roach to stop the investigations, appoint an outside prosecutor and a new, untainted Grand Jury. Either do that or drop the cases entirely.

Bill

Permalink 11/20/09 @ 15:11

Comment from: Interested Observer [Visitor]

Wrong again, Justice Wanted. I've NEVER been a Collin County prosecutor, have no connection with any of the Collin County prosecutors and have never met Roach. My "twisted montage of mentally challenged, off point thoughts" are simply those of a concerned citizen who wants Collin County to elect a DA who is qualified for the job. Oh, and how Willis, purportedly with only two years experience prosecuting felony cases, and reportably no felony jury trials, thinks he is qualified to be the district attorney in a county of 850,000 people is beyond me.

Permalink 11/20/09 @ 15:23

Comment from: Local Attorney [Visitor]

This situation is not about who is most qualified to be the next DA or judge, its about the routine abuse of power by DA Roach and his pitbull Milner. They are continuing a pattern of using the grand jury as willing pawns in their aggressive intimidation of persons who fail to fall in line with their personal agendas.

Bill did a good job chronicling the public failures of Milner's high-profile investigations, but there are many lesser known investigations which have also blown up in their faces, and they refuse to learn from their mistakes. Roach has tarnished his former solid reputaton as a district judge by either directing or allowing his minions to pursue baseless charges for political purposes. And he compounds that abuse of power by being so arrogant as to refuse to apoint a special prosecutor to even examine the allegaions in a fair and unpolitical manner.

Perhaps its because he is an absentee landlord, (now spending all his time at his new home in Angelfire, NM) but he seems to view himself as the King of the county and therefore untoucable and unaccountable to the public. (Do a google search of his comments on various issues over the past few years and you will find lots of statements where he is touting his own authority and power and daring anyone to defy him.)

If Roach doesnt want Willis to be the next DA, then he should be a man and run against him or help support his own hand-picked successor (like most kings prefer to do) but instead he is misusing the power of his office to acheive a political purpose.

That is not just dirty politics, its a criminal offense and hopefully the U.S. Attorney's office or some other strong-minded individuals will hold him and his dogs accountable for it in the future.

Permalink 11/20/09 @ 15:42

Comment from: Justice Wanted [Visitor]

No Incumbents 2010 wrote:

“This argument essentially says that if you are a candidate for office you are entitled to immunity from grand jury investigation.

NOTHING IS MORE UN-AMERICAN THAN IMMUNITY FROM PROSECUTION BECAUSE YOU HAVE POLITICAL CONNECTIONS.

The law is the law.”

---

Then why does John Roach and his underlings in fact argue in high court(s) that they are immune from prosecution, simply because of their job titles in cases where they have admittedly broken statutes in the Texas State legal code?

I agree that immunity from prosecution when lawbreaking occurs, politically motivated or not, is patently un-American.

Those arguing for their own immunity such as “Roach et al” are also patently un-American and brazenly hold themselves above the law and the citizens of Collin County.

Yes, “the law is the law”.

But not, apparently, for them.

And that friends, is the problem and the point of this debate (not who the candidates are).

(And for “Interested Observer”: “Sure, sure. Whatever you say …… But I fear thou dost protest too much”)

Permalink 11/20/09 @ 16:22

Comment from: Friend of Justice [Visitor]

Local Attorney said: "If Roach doesnt want Willis to be the next DA, then he should be a man and run against him or help support his own hand-picked successor (like most kings prefer to do) but instead he is misusing the power of his office to acheive a political purpose."

Local Attorne, you might be on to something---he could be clearing the way for his son, Judge John Roach, Jr., to file at the last minute to be a candidate for DA. Pappa would have to get rid of the competition first. The strategy looks to be working so far.

Permalink 11/20/09 @ 18:46

Comment from: Minor Correction [Visitor]

Not commenting on the rest of this at this point, but, Bill?

"According to court house insiders, it is likely that former judge Robert Sandoval filed his charges against Judge Wooten directly with the grand jury. Sandoval is said to still bear a grudge against Wooten who beat him handily in the 2008 election."

Don't you mean Charles Sandoval?

Permalink 11/20/09 @ 18:47

Comment from: bill [Member]

Thank you Minor... I plead "senior moment"

Bill

Permalink 11/20/09 @ 20:11

Comment from: Michael [Visitor]

The higher ups at the DA's office have openly said they are trying to derail Willis' campaign.

Permalink 11/21/09 @ 20:01

Comment from: Dumbfounded [Visitor]

Too bad channel 8 news can't just access everything and expose the full story on all this. When Roach is in control of the "facts" and leaks out there, he's the golden boy with snowy hair. When channel 8 news uncovers just the tiniest bit of what's he and his regime have really been doing, he's on the defense and sends a blizzard of indictments at anyone he can use to divert attention and blame -- e.g., the Honorable Greg Willis. Law and politics both require people. People are fundamentally flawed to widely varying degrees. Even when Roach is gone, these themes will continually replay themselves.

Permalink 11/21/09 @ 20:23

Comment from: Attorney Christine [Visitor]

CLUE IN: ONE. Same investigation on Willis took place previously and was closed. Why is the same investigation reopened just a few weeks after Willis announces his candidacy for DA? What "new" evidence are they hoping to find, if there was any in the first place why was the first investigation closed? TWO. INDEPENDENT INVESTIGATION: If there was any merit to this, Roach would have done the right thing and handed this off to an independent agency. You don't indict Judges from your same county- PERIOD. THREE. "Interested Observer" is not a current employee, he is a candidate, I have heard him use the same words verbatim in a conversation where he told outright lies about Willis. He also says he was never a Collin County prosecutor- because he was a prosecutor in another county. In response to "interested observer" taking issue with Willis finding the ACCUSED not guilty, maybe that is because the DA's office is so overzealous in their filings and file any case whether there is decent evidence or not- defense attorneys who rightly force the system to work, take these cases to trial...the DA's don't want to waste time on a jury trial knowing they are going to lose, so they set it for a trial before the Judge. Then Willis, whose job is to call the balls and strikes, ends up doing the right thing and gets slammed for it. WAKE UP COLLIN COUNTY- CONVICTIONS DO NOT EQUAL JUSTICE AND DO NOTHING TO PROTECT THE CONSTITUTION AND EVERYTHING THIS COUNTRY HAS FOUGHT AND STANDS FOR. THANK YOU FOR DOING THE RIGHT THING AND STANDING UP TO ROACH'S ADMINISTRATION.

Permalink 11/21/09 @ 20:28

Comment from: Friend of Justice [Visitor]

Roach is like the evil Mr. Potter in "It's a Wonderful Life" in trying to bring down George Bailey. Greg Willis is George Bailey and the most popular man in town!

Permalink 11/21/09 @ 20:35

Comment from: Jsmith [Visitor]

Answer me this, there is a rumor that an ADA with Collin County named Jeff Leeman (sp?) is somehow involved as both a witness and investigator on these cases.

I have heard that this same ADA was assigned to Judge Greg Willis, Judge Jill Willis and Judge Wooten's courts. He apparently made negative public comments and was openly hostile to all three judges. Then magically in October, Leeman was promoted/assigned to the department pursuing Judge Greg Willis and Judge Wooten, headed up by that Chris Milner guy. How in the world does a DA's office run a fair and impartial investigation if one of their own has a vested interest in the outcome? Coincidence?

Permalink 11/22/09 @ 17:48

Comment from: Concerned Collin Co Citizen [Visitor]

I had a friend forward me this story. I am not a lawyer or anyone involved in "Collin County Politics." BUT, I AM A VOTER.

This makes me sick to my stomach. John R. Roach seems to me to be a man who will stop at nothing to control Collin County Politics. Using the grand jury process to go after politicians in this county is nothing less than an ABUSE OF POWER.

But, I am not surprised. I attended a Collin County Republican Men's Club meeting last week where Roach announced that he was "the Most powerful elected official in Collin County." Really? Does he really need to stroke that ego anymore?

This is sickening. And this Chris Milner guy doesn't care about the truth or about whether or not he can take a case all the way to a convicition. ALL HE CARES ABOUT IS AN INDICTMENT.

It's time that John Roach stops ruining peoples' lives and to GO AWAY.

The people of Collin County should DEMAND that that building named after him be re-named immediately.

Hello FBI? John Roach and his subordinates are NOT ABOVE THE LAW and need to be held accountable!

Permalink 11/22/09 @ 18:03

Comment from: Joan Q [Visitor]

The comments that Willis did not find enough citizens "not guilty" disgust me. That is such a prosecutorial mindset, it's obvious. I am sorry. Is this America, or not. Are we guilty until proven innocent or innocent until proven guilty. Wait a second. I think I am on to something. Perhaps if Willis was finding too many citizens "not guilty", it is a reflection of poor, poor work on behalf of the prosecutor in the case. So, instead of pointing fingers at the former judge, why don't you just look in the mirror and ask yourself why is it that you did not adequately prove your case? Or perhaps, just perhaps, the accused person was NOT GUILTY. Just because one is arrested and even indicted does not mean that they are GUILTY. If this were the case, then throw out the legal system all together. Let's just hire more cops. You better not leave your house, friends, because there will be no justice left in the world. Thank you GREG WILLIS, for looking at each case with honesty, integrity, and concern for the citizen and citizens of this district. If my family members are ever falsely accused or victims of a crime, I would hope either way, that they would be in a court of a judge equal to Greg Willis!

Permalink 11/22/09 @ 23:05

Comment from: Scared Boy [Visitor]

Deleted by Bill

Please argue the issues. Name calling is offensive, not helpful.

The standard here for comments is "common courtesy". Please abide by it.

Bill

Permalink 11/22/09 @ 23:39

Comment from: Tony Vitz [Visitor]

Yes, I used my real name and that could very well make me a target. But, I refuse to allow fear to control me. This abusive Roach Regime is completely wrong. There are some good Assistant D.A.s in that office, but they don’t have to courage to speak up. That is sad, but understandable. It takes courage to speak up. Courage is what it takes to overcome or deal with fear. I thank people like Judge Wooten and Greg Willis for being an example of refusing to give in to the fear imposed by this administration.

With what the Collin County D.A.'s Office has been doing and continues to do, I think about that quote from Martin Neimoller, "In Germany, they came first for the communists, and I didn't speak up because I wasn't a communist....then they came for me and there was no one left to speak up". I think it is past time to speak up in Collin County.

Thanks Bill for making a dent in what’s been going on.

Permalink 11/23/09 @ 09:59

Comment from: William D. Rowlett [Visitor]

I'm really disappointed at the politics in this county. It reminds me of being an 8th grader & you called someone (or were called by someone else) a "fag" (I hope I've not flunked Bill's civility test) because of some petty feud you had with them. There's way too much petty feuding going on.

If there are negative comments in Mr. Willis' DA personnel file, I ask who wrote them? Is it someone who had a beef with him? Second, Willis left the DA Office a good ten years ago or longer. If the comments are negative and actually true, who is to say Mr. Willis has not matured a bit since then and become a better man for it? Third, I can only tell you that in MY dealings with Mr. Willis, he's always been very professional and above-board the past many years I've known him. I trust my own instincts about someone I know more than what his detractors may want me to believe.

Finally, I intend to support Mr. Willis because he may , MAY be able to restore a little "maturity" to some of the childish politics going on at the courthouse.

Permalink 11/23/09 @ 15:00

Comment from: Paul D. Key [Visitor]

What John Roach is doing is absolutely shameful and a sad legacy to leave behind. Bill, you've called it exactly right: If Roach thinks something is going on, then he should ask that a special prosecutor be appointed. Thank you for shedding some light on this filth.

I have no doubt that Greg Willis has done absolutely nothing illegal or unethical. Same goes for Judge Wooten.

You would think that Roach would be embarrassed to associate with that Milner guy after all the fiascos he's been involved in. That's when you realize that it's not Milner, it's Roach. Roach is the one who thinks all of this nonesense is a good idea.

Permalink 11/23/09 @ 18:07

Comment from: Paul D. Key [Visitor]

Interested Observer said:

Spin it however you want, but if prosecutors in Willis's court won't try bench trials in front of him because they don't have confidence in him, then why should Collin County have confidence in him being tough on crime?

It wasn't the DA's in his court, it was Roach who wouldn't let them try cases to Willis. In fact, they defied those orders all the time and tried cases to Willis. In fact, they would routinely beg me and many other attorneys to set cases for bench trials because they didn't want to embarrass themselves in front of a jury.

Permalink 11/23/09 @ 18:22

Comment from: Paul D. Key [Visitor]

Interested Observer said:

"You might want to check with the prosecutors who practiced in his court and ask them why they stopped doing bench trials to him. You might find that he was finding too many defendants 'not guilty'[sic]."

Which prosecutors? Apparently, you've spoken with them. Tell me who they are, and I'll call them, and we'll just see what they have to say.

Better yet, Interested Observer, who are you? It's easy to cower behind a pseudonym and make a bunch of exegerated claims about what anonymous prosecutors think. If you want someone to take you seriously, give us some names, starting with yours.

Permalink 11/23/09 @ 18:32

Comment from: Pam Lakatos [Visitor]

I became a Collin County Criminal Defense Lawyer in 2004 when I left the Denton DA's office. I have been practicing exclusively criminal law for approximately 31 years. I remember the hopes expressed by the attornies I met who stated that the new DA, John Roach, would be a breath of fresh air to this county. Instead I have been horrified by what I have seen. It is not like I haven't seen abuse of power and corruption elsewhere in this State-of course I have, but I have never seen such an open display of contempt for lawyers or other public officials that I have seen demonstrated these past few years. I kept hoping that things would change, that at some point he would become aware of the things going on in his office and exersize some sort of control and leadership in reigning in the zealots. As he has not I am forced to accept he agrees with all that they are doing. His tenure has left a black spot on the reputation of Collin County. (Just ask any lawyer you know-from any surrounding county what the they think of Collin County. Most will not take any cases here because "they are crazy out of control" up there.)
Anyone who seeks his endorsement will be someone who I don't think I could be persuaded to vote for.

Every Collin County citizen owes it to themselves and every other resident to make an effort to investigate these allegations and then get out and vote.

We have a number of good candidates running for office this time. Do the homework and make your vote count. Every one cast is critical.

I have no idea what our future will be but I pray it is better than it has been. It can be if our citizens become informed active voters.
John Roach is correct when he says he is the most powerful elected official in this county-that is true of every county. The District Attorney's power is reinforced by his almost complete immunity from law suits to disagreements over how the office is run and what policies are in place. The average citizen has no idea of this and only realizes it when he/she is unfortunate enough to have dealings with that office-either civil or criminal. It is a position that is best held by someone who is humble, experienced and willing to listen when the actions of the office are challenged. A District Attorney must also have similar skills to the CEO of a major corporation. Vote-it will be the most important thing you do for the future of this county.

Permalink 11/24/09 @ 10:12

Comment from: Lance Baxter [Visitor]

Many of the responses that you are receiving now are from lawyers that are not only defending the reputation of Greg Willis, but also trying to defend the integrity of our Collin County system of justice. Your demand to bring in an independent/special prosecutor is the only acceptable and fair manner in which any investigation should progress. None of us know the facts, but we have all heard the rumors. If fact witness to the allegations are employees of the current Collin County District Attorney's Office, then there is clearly a conflict of interest and the appearance of unfairness. The fact that Greg Willis is currently involved in a political campaign raises questions about the timing and motivation behind all of this. The fact that the investigation has been made public and that many lawyers have been subpoenaed to testify makes one question if this is the best use of our grand jury system. It would all be less suspect if the history of the "specialized crimes" unit had not proven itself inept and out of control. Our DA's office should be prosecuting crimes and seeking justice, not trying to manipulate conduct into criminal activity.

Permalink 11/24/09 @ 11:08

Comment from: Bob Hultkrantz [Visitor]

I am a past president of the Collin County Bar Association. It is deplorable that the Collin County DA's Office has wasted the time of it's staff and the citizens of this County's money trying to prosecute Judge Wooten and now Judge Willis. Both are decent, compassionate individuals whom you would love to have sitting as Judge in your, or a family member's, case. Fairness, decency and justice are terms that permeate there courtrooms.

I understand that all of the goings on are secret but I would like to hear from the DA's Office as to why they are pursuing these two indivduals. Give us some facts, give us some insight or quit the witch-hunt and let's move on to the next generation of justice in Collin County.

Permalink 11/24/09 @ 11:19

Comment from: Heather Barbieri [Visitor]

If you ever wonder whether people feel intimidated, just look at how many anonymous responses are on here. Need I say more?

As for Greg Willis, anyone with any decency who has met him knows he is cloaked in integrity. He could cite the Code of Judicial Conduct, and served as referee to many a heated battle--never choosing sides. So I actually thought it was a sick joke, when I began hearing about it. Didn't he even have us do the Pledge of Allegiance before each trial?

The responsibility for "not guilty" verdicts rest solely on the DA's "policies." We all know that cases lacking merit should be dismissed. Over the past several years, juries have repeatedly complained about these cases, and the waste of their time spent on them. Our juries consist of many busy, successful people, who do not need their time wasted on such matters. Surely, our taxpayers voices should be heard by their elected officials.

Judges uphold a vow, and under Canon 3, they must acquit--otherwise, the higher courts would quickly reverse them, and probably wonder how on earth a highly-educated Judge could find someone guilty beyond a reasonable doubt when the proof was non-existent. Clearly, the "policy" was simply a Pontius Pilate tactic at laying blame.

Judge Wooten is another shocking example. She is such an ethical Judge. It makes no sense. Our taxpayers elected her to be our Judge, and to try to circumvent that is a slap in the face to our Collin County voters.

Simply put, a special prosecutor should be designated for these matters. If these grand jury investigations are all "objective," and done in good-faith, then they can both confidently be assigned to a special prosecutor. All prosecutors (including special prosecutors) must follow TDRPC 3.09,anyway, so it should be a no-brainer.

Either way, nobody should feel intimidated to speak out. We have a First Amendment right to speak out mind. Thanks, Bill for pointing to the Giant Elephant that has been in the room for far too long. My job as attorney is important to me, but my honor is greater. I want my family and children to always know I stood up for what I believed in. So I won't be anonymous. Thank you.

Permalink 11/24/09 @ 11:42

Comment from: Todd Henderson [Visitor]

The arrogance with which the District Attorney's office is run is stunning. It's evident that John Roach and Greg Davis believe that the best use of this office and taxpayer money is to bully people that don't fall in line with what they expect.

Make no mistake, this isn't about making sure everyone follows the law. This is about bullying people who don't lay down for Roach. It's unfortunate that it's worked on many of the judges in this county - they just fall right in line and don't dare challenge him.

Despite running things from the satellite office in Angelfire, NM, Roach insists on manipulating this election so that he can have some say in who succeeds him. He wants to handpick his successor. And he's made it clear that none of the current candidates are qualified. Of course, judging by his performance, it doesn't appear Roach was qualified either.

It's too bad that he's able to hide behind the secrecy of grand jury investigations and the citizens of Collin County won't get to see how much time and money has been wasted on political witch hunts and personal vendettas over the last 7 years.

Permalink 11/24/09 @ 14:07

Comment from: Paul Stuckle [Visitor]

John Roach has used grand juries as his personal playtoy for many years going after lawyers for no apparent reason. He has attempted to destroy many careers just as he is now trying to do with Judge's Willis and Wooten.

Both Judges have outstanding reputations which will not be tarnished no matter what the latest Roach witch hunt attempts to do.

I hope Judge Willis and Wooten find a way to sue those responsible for this reprehensible smear campaign on their reputations and livelihood.

The bar should no longer tolerate these baseless attacks and personal invasions.

Permalink 11/24/09 @ 15:36

CC Observer -Two local judges targets of grand jury investigations

Hunter Biederman — Thu, 19 Nov 2009 11:12:34 -0800

Bill at the Collin County Observer is back again with a commentary & article on the DA's office going after local officials. I will not be commenting. Below is his unedited article. You may also want see a very active discussion on his "comments page."

Two local judges targets of grand jury investigations

The Collin County Observer has learned that two Collin County judges are currently the targets of seperate grand jury investigations. Court house observers I have spoken with suspect that both investigations are politically motivated.

Judge Suzanne Wooten, of the 380th District Court has recused herself from all criminal trials for several months now after, my sources tell me, the former judge she defeated brought forth charges of illegal campaign finance transactions.

And Judge Greg Willis, who recently resigned as judge of the County Court at Law #6 is, according to court house insiders, the target of an investigation alleging possible irregular authorization of payments to defense attorneys representing indigent defendants.

Judge Willis is generally considered the front runner in the GOP primary race for District Attorney.

Grand Jury proceedings are, by law, secret. The particulars of both cases can not be known unless and until the grand jury hands down indictments.

The Observer can not and does not know what testimony has been given or exactly what the allegations are. What this author does know is that the Collin County court house is abuzz with rumors.

However, sources close to both judges have confirmed that they are indeed targets of grand jury investigations.

Rumors abound.

According to court house insiders, it is likely that former judge Robert Sandoval filed his charges against Judge Wooten directly with the grand jury. Sandoval is said to still bear a grudge against Wooten who beat him handily in the 2008 election.

The most popular explanation I've heard for the investigation against Willis is that the DA and his chief assistants do not want Judge Willis to become the next District Attorney - they believe that if he is elected, he will "clean house" by replacing many of the lead prosecutors.

Local attorneys point to what they say is a history of using grand juries for intimidation by DA Roach and Chris Milner, the Chief of the District Attorney's Special Crimes Division.

Milner has, in the past, been accused of using grand juries to "go after people with vague offenses". They bring up Milner's indictment of local attorneys Deric Walpole and James Vasilas who were indicted by Milner for "tampering with government records" for making an error on a legal pleading. Both indictments were eventually thrown out.

Milner also investigated the allegations of fraud between Dallas County Sheriff Bowles and jail contractor Jack Madera. All indictments were later tossed out because the charges in the indictment were not criminal offenses, but not before Bowles lost his primary bid for nomination as sheriff. In yet another big case, Milner secured indictments against Denton County Sheriff Weldon Lucas. Less than a week later, a judge dismissed all charges against him.

Special prosecuter is needed.

Regardless of the merits of either case, the prosecution of a judge by the DA, who on a daily basis pleads before that same judge, opens the door to charges of political intimidation.

When Dallas and Denton Counties needed to investigate their sheriffs, their DAs asked for an outside prosecutor. When the Rockwall county DA was accused of wrong doing, again an outside prosecutor was brought in.

Every day, members of the district attorney's staff appear before our judges and make motions, ask for pleas, and argue cases. Every day, our judges make decisions to accept or reject those motions and pleas. Every day they hold trials where they try to remain fair to both the defendant and the DA.

It is insane for a county district attorney to prosecute the county's own judges. If John Roach believes there may have been wrong doing by either judge, then justice requires that he ask an outsider, with no vested interest in the outcome, to investigate and prosecute if warranted.

It is wrong for the Collin County District Attorney to proffer charges against a jurist who seeks to use the ballot box to replace him.

The fact that these two cases have proceded this far smacks of arrogance on the part of the Collin County District Attorney. His actions look like cheap and brutal political stunts. If justice is to be served, Roach and his staff must either drop their investigations, or turn over their evidence to a special prosecutor and let him convene a new grand jury to hear the charges.

Bill

The Race for Collin County Court Four (4)

Hunter Biederman — Sun, 08 Nov 2009 08:39:37 -0800

Recently, the former judge of County Court Four, Judge Ray Wheless was appointed to the 366th District Court. This leaves an open court. I have heard of many names that may be running for the open seat. As with before, I am only profiling those candidates who have either directly told me they are running, or have a campaign website up. If you are running for this bench and would like to be added here, please let me know and I will add you.

LINDA WYNN DRAIN

Linda Wynn Drain is a currently in private practice as founding partner of Nolte, Drain & Rosenthal, PLLC in McKinney. Her experience includes experience includes criminal, civil, family, juvenile, personal injury, and wills & probate law. Mrs. Drain served as an Assistant Criminal District Attorney and Felony Prosecutor for Collin County’s District Attorney’s Office. She is also a founding Member of Collin County Bench Bar Foundation.

Mrs. Drain “believes in the conservative principles of personal responsibility and strict interpretation of the law. Managing a fiscally responsible court docket is a function of applying these principles. Accomplishing these common sense goals will serve every citizen in Court 4 and every taxpayer of Collin County.”

More about Mrs. Drain’s experience and plans for the bench can be found on her campaign website at www.lindawynndrainforjudge.com.

DALE ROSE

Dale Rose was a criminal prosecutor in Dallas County and has represented both plaintiffs and defendants in civil cases. His first career was as a police officer for the City of Garland where he was the youngest candidate ever accepted. He worked in that capacity for 6 years, before beginning his second career as an attorney.

“Shortly after my graduation from law school, I knew that I wanted to be a Judge sometime in my legal career. Knowing that the Collin County Court's at Law are "general jurisdiction" courts (hear both civil and criminal cases), I knew that I would need a lot of trial experience from both the criminal law and the civil law side. Based on this, in my 17 years as a lawyer, I have tried over one hundred thirty (130) jury trials in both criminal and civil litigation.”

Mr. Rose is a former President, Vice President and Secretary of Collin County Bar Association. More information about Mr. Rose’s experience and plans for the bench can be found on his campaign website at www.roseforjudge.org.

DAVID RIPPEL

David Rippel is a Plano attorney currently in private practice. David has tried numerous cases in district and county courts. His practice emphasis trial work and has defended people and businesses in multimillion dollar lawsuits and criminal cases from misdemeanors to felonies. David is admitted to practice law before the United States Supreme Court, the Federal Fifth Circuit Court of Appeals, the federal district courts, The Texas Supreme Court and all state courts, and the Louisiana Supreme Court and all state courts. Mr. Rippel served in the U.S. Army in support of Iraqi Freedom and Operation Noble Eagle.

"I believe that my experience, my love of service and accomplishments of leadership have best prepared me to serve as a judge."

Mr. Rippel lives in Plano with his wife and two children.

More about Mr. Rippel and his campaign can be found on his campaign website, www.rippelforjudge.com.

MATTHEW GOELLER

Matthew Goeller is an attorney in Plano in private practice with the firm of Goeller & Grubbs. Mr. Goeller has over 20 years experience as State Prosecutor in the Collin County District Attorney's Office and as Partner in Grubbs and Goeller Law Firm in Plano. He also works as a faculty member for more than 20 years at Collin College in the Criminal Justice program.

"My mission is simple: I know the law. I am the only candidate for this position who is Board Certified in Criminal Law and I have more than 20 years experience as both Prosecutor and Defense Attorney. I humbly wish to serve Collin County with my knowledge, extensive experience, and community leadership."

More about Mr. Goeller and his campaign can be found on his campaign website www.mattforjudge.com.

A new candidate has been brought to my attention by the Collin County Observer. From their site:

CHRYSTI BRYANT

Chrysti Bryant is a graduate of the Texas Wesleyan University School of Law. Chrysti served as a member of the Law Review. While in law school, she worked as an intern with the Tarrant County District Attorney’s Office, Appellate Section.

Her campaign web site describes her as, "a civil trial attorney who has distinguished herself by defending those who have been targeted by personal injury lawsuits. She has been involved in numerous cases ranging from minor automobile accidents to complex multi-party litigation. Chrysti previously worked alongside law enforcement as an attorney with the Texas Department of Public Safety suspending the driver’s licenses of drunk drivers."

She describes her judicial philosophy as, "strictly applying the law to the facts of each case and will not legislate from the bench." She then states that, "Anyone who appears before her will receive a full opportunity to present their case. However, frivolous lawsuits will not be tolerated."

Ms. Bryant formerly volunteered with the City of Plano Teen Court program and Legal Aid of Northwest Texas. She is an active member of Faith Church of Plano and works with its youth ministry and small group ministry. Her campaign website can be found at www.chrystibryantforjudge.com

Hunter Biederman is a DWI / Criminal Defense Attorney in Collin County. He publishes his blog (www.friscodwilawyer.com) which focuses on the Collin County and Texas legal system. He can be reached at friscolaw@gmail.com or (888) DWI-FRISCO.