Professional Documents
Culture Documents
THE
summer 2017
ANY QUESTIONS?
Visit the calendar at www.hccla.org
the country, and we assembled in Baltimore, Maryland to learn some
skills. I traveled alone to Baltimore, leaving husband and little ones
at home, and fabulously enjoyed this time to learn as well as explore
a new place. I found Baltimore to be charming and had a great time
A WORD FROM OUR PRESIDENT
BY TUCKER GRAVES 5
6
being on my own for a few days, even if I did have homework each
night from the CLE.
WINNING WARRIORS
I walked away from Baltimore and was inspired to defend and
humanize each and every one of my clients, which is at times difficult
9
to do. One case in particular has been a difficult one for me to handle HCCLA NEWS ROUND UP
with a client who is an addict, unable to keep her addiction in check WELCOME NEW MEMBERS / 9
while on bond and after a couple of trips to rehab and to Texas 2017 DECLARATION READING / 9
prisons. By the time this is published, I will know her sentence, and
it breaks my heart that the only option for this womans sentence is
a rehabilitation program while she is in prison, but I have hope that
she will walk away from her time and her addiction once and for all.
Its the only thing we can do in our profession: fight like a warrior,
10 2017 HCCLA BANQUET PHOTOS
PHOTOS BY BOB ROSENBERG
emphathize with the plight some of our clients face, and hope the
THE SERPENT AND THE LIGHT
13
person in the robe sees the humanity and the story of each and
every one of our clients lives. BY TRINIDAD ZAMORA
AS TOLD BY RICK OLIVER
This issue features a story of one of our own: Trinidad Zamora. Before
becoming the great lawyer he is, he worked in the TDCJ system.
19
A NEW MODEL OF JURY TRIAL
His story is an interesting one to hear, so I hope you enjoy. Another
PART 2 -WHY & WHEN
We like you...Do you like us? installment of Mark Bennetts series on voir dire is also within. This
issue also features some great perspectives from other members
BY MARK BENNETT
Find HCCLA on Facebook for latest on ranging from steps in representing intellectually disabled clients and
21
the ins and outs of making a record, straight from a court reporter. AND NOW...A WORD FROM
CLEs, Events, Fundraising and Much More! Im always looking for more stories to tell and more perspectives to A COURT REPORTER
share, so please let me know if there is anything you want to write BY TIFFANI JUNE-YEATES
about for our magazine.
26
the good fight, the covers you have seen from me as editor so far ARE SUCH A BIG PORTION OF
are depictions of Warriors from a different artists perspective. For OUR INMATES AND CLIENTS
the first cover, I invited an art student to depict Lady Liberty and [AND WHAT TO DO ABOUT IT!]
Lady Justice, holding hands to show unity in the cause. This issues BY PAT MCCANN
cover is from a different artist in Houston, and she depicts her idea HCCLA ETHICS
of a warrior as a strong American woman. I look forward to another
artist sharing the idea and story of their representation of a warrior;
because thats who we are everyday in whichever courthouse
we stand.
30 TRIAL TACTICS
ARTICLE BY JIM SKELTON
INTRODUCTION BY ROBERT PELTON
HAPPY VERDICTS,
Lori Botello
FALLEN WARRIORS
IN MEMORY OF THOSE WE HAVE LOST 32
33
WAR STORIES
ALCOHOL & THE PRACTICE OF LAW
BY JL CARPENTER
4 C. ANTHONY FRILOUX
5
STUART KINARD
the defender
THE DEFENDER / SUMMER 2017
DAN COGDELL defense bar, the The cases of defendants in custody should be prioritized. We recognize that this catastrophe may affect
2017-2018 defendants ability to get their cases quickly resolved; those who are unable to make bail should not suffer
JIM SKELTON largest organization
Hccla officers & board
the extraordinary consequences of this storm any more than is necessary.
GEORGE J. PARNHAM of participants in Lawyers should be appointed to indigent defendants at the bail hearing or initial appearance. Court
GARLAND D. MCINNIS the Harris County coordinators should select appointed counsel promptly upon an indigency determination, and contact
that counsel immediately so that they can begin working for the accused.
ROBERT A. MOEN
criminal justice
PRESIDENT EXECUTIVE DIRECTOR LLOYD OLIVER Bail amounts should be lowered, except in extraordinary cases, to take into account the financial drain that
TUCKER GRAVES CHRISTINA APPELT system, suggests the the people of Harris County are already suffering from destroyed property and a kneecapped economy.
DANNY EASTERLING
following to help Those arrestees who are constitutionally entitled to reasonable bail should be released expeditiously and
WAYNE HILL
PRESIDENT ELECT BOARD OF DIRECTORS ensure a safe, allowed to appear with counsel. Scarce jail and court resources should not be clogged with people who
RICHARD FRANKOFF dont need to be there.
DOUG MURPHY STACI BIGGAR functioning, and fair
LORI BOTELLO W. TROY MCKINNEY Court-appointed counsel should be paid on interim vouchers. Those defending indigents accused have
CYNTHIA HENLEY criminal justice expenses that are not going to be put on hold. They cannot wait until cases are resolved to be paid.
VICE-PRESIDENT JENNIFER JL CARPENTER
THUY LE EMILY DETOTO STANLEY G. SCHNEIDER system for the Defendants with counsel should not be required to appear in court except for a plea or contested hearing.
KATE FERRELL WENDELL A. ODOM, JR. people of Harris The financial cost to Harris County economy of lost productivity because of court appearances at which
defendants appearance is required for no good reason has always been huge. This might have been
SECRETARY ROBERT J. FICKMAN ROBERT J. FICKMAN County in the wake bearable in ordinary times, but during this emergency Harris County needs every productive person
working to rebuild.
DAVID RYAN JUSTIN C. HARRIS PATRICK F. MCCANN of the destruction
GEMAYEL HAYNES MARK BENNETT If weekend or evening dockets are instituted, they should be voluntary. The criminal-defense bar is not
rendered by opposed to such dockets, and they may work better for some defendants and lawyers, preventing a
TREASURER JORDAN LEWIS
JOANNE MUSICK productivity loss, but some people are unable because of family obligations to attend such dockets.
STEVEN H. HALPERT PAUL M. MORGAN Hurricane Harvey:
NICOLE DEBORDE No bail should be revoked for failure to appear in court until there is a plan in place and the criminal-
DAMON PARRISH II
EARL D. MUSICK defense bar has had an opportunity to notify our clients of where they must attend court.
PAST PRESIDENT JED SILVERMAN
TYLER FLOOD WADE B. SMITH CHRISTOPHER L. TRITICO We look forward to working with the bench and the prosecutorial bar to build a system that works even
better for the people of our county than it did before the storm.
MARK R. THIESSEN T.B. TODD DUPONT, II
J. JULIO VELA CARMEN M. ROE
JOE VINAS JOANNE MUSICK HOUSTON STRONG!!
SARAH V. WOOD
6 7
THE DEFENDER / SUMMER 2017
MEMBERS
also intoxicated. The State only offered time, but Mark was appointed and pedaled up a NG.
convinced the jury probation was appropriate and there new members
goes spellcheck again
Chris Ainsworth Meredith Morse
David Ryan is on a roll. D is on bond for prostitution in
david ryan
Bashirah Clark Frank C. Powell
CCCL11 when cops called by concerned citizen as D is Denise M. Crawford Richard Matthew Quiroz
being dragged into another establishment by her hair. D
Brandy Garcia-Gum Weston Prescott Ray
picks up another prostitution charge because, well, it is Pct.
4. With the jury in the hallway, both cases dismissed. David Jayne Griffin Morgan A. Rogers
then teamed up with Matt Tyson to get a DV on criminal Jasmine Henderson Benjamin K. Sanchez
mischief in FBCCL5 after 40 minutes of testimony and Winning Warriors is written by HCCLA Abel Izaguirre Emily Taylor
without his file. The jury said they had decided D was NG Secretary, David Ryan (2015-present). David Tim James Matt Tyson
after opening statements. has been practicing for 24 years, Mentor of Daniel Alejandro De Luna
Kurt Hopke and Jason Lawrence wanted in on the DV the Year 2013-2015 (ret.), Member of the Year
fun, and got it in FBCCL1 on AFV. CW files ANP and 2016, HCCLA Board Member 2013-2015, co-
does not appear. Cop fired for showing up drunk at SFST chair of TCDLA Rural Practice, and TCDLA new paralegal members
training. Writ of attachment issued for cop before the Board Member (2013-present). The victories
return of service on subpoena filed. Another writ requested Sharon Bass Katya Ligden
by State for a willing 16 year old never noticed to are yours. David provides the snark. Pelton Law Offices Mallett & Saper, LLP
authenticate 911 call. What is going on at FBCDAO?
Did you or anyone you know have success? Kasey Brock Carmen Portillo
Miguel Angel Cazarez Maurice Rice
10
MARK PIRTLE
TORCH OF LIBERTY
DICK DEGUERIN
2017
PHOTOS BY BOB ROSENBERG
SWEARING IN NEW OFFICERS
& BOARD OF DIRECTORS
HCCLA
TYRONE MONCRIFFE
LAWYER OF THE YEAR
BANQUET
CHERYL IRVIN
UNSUNG HERO
ALLEN C. ISBELL
LIFETIME ACHIEVEMENT AWARD
PAUL MORGAN
MEMBER OF THE YEAR
MANA YEGANI
UNSUNG HERO PROFESSOR LYDIA JOHNSON
& STUDENTS
MENTOR OF THE YEAR
RAND MINTZER
PRESIDENTS AWARD
staccato across the airwaves as inmates watching the another inmate had bashed his head using a concrete in his cell on the blood pooling beneath him. He has cut were little more than a way to kill time. Words meant
fight went berserk with bloodlust. When he returned to block. The swelling was so extreme the string to release the recently departed as they dangled little. Action was the only teacher whose lessons were
class the following day, Trinidad was surprised to learn he was unrecognizable. from hand-made garrotes. He has notified the families of truly compelling. In time, though, those words
the experience was enough to encourage some of his Hed lost all his teeth. He two colleagues who committed suicide on the same day would define a circumstance that would
classmates to pursue alternative educational endeavors. was incapacitated. But, he for unrelated reasons. He has broken ribs in his effort to change Trinidads perspective, and later,
Several of them washed-out, but not Trinidad. Indeed, he was still breathing. And, deliver life-saving chest compressions. He has made the his life.
admitted he found the action alluring. Inside, there was as a TDCJ employee, that charge with other officers to extract inmates whod set
a caged and constant bellicosity no other Before he was promoted to Sergeant,
meant only one thing fire to their mattresses so they could force the officers to Trinidad recalled being on the tier with
law enforcement beat could to Trinidad engage them. For fifteen years, his employment created
match. A short time another CO. The CO was involved in
and his an intersection forcing him to cross paths and mingle a verbal altercation with a c o n v i c t .
later, Trinidad with more people who have lost everything than most.
newly-minted Trinidad overheard
What it taught him is how far those with nothing to lose the CO threaten the
corrections are willing to go.
officer convict. The convict
stepped responded in like-
16 17
THE DEFENDER / SUMMER 2017
and fecal matter, boil it on their hot pot, and use that rights given to him by the employers policies. that was being held in a convention center in the Galleria
the Gulf Coast. In the aftermath, Trinidad was tasked with
steaming virulence to dress an officer down; hoping it delivering a busload of pregnant convicts to the hospital Trinidad had won, but it was a pyrrhic victory. He was area. He went. The convention center floor was lined with
would both disgust and infect. Those at UTMB. While there, he got a call from the Warden still unemployed. He went to the beach to smoke and rows of booths. Each booth represented a different law
were the possibilities that went of his unit. The Warden explained he had a home on think. He thought about all that had happened over the school and each was manned by a school representative.
racing through Galveston that had been severely damaged by the storm course of that year. He lost his kids when they moved In the final row, Trinidad recalled seeing someone who,
Trinidads and admitted he had left the unit and gone home to assess with their mother to Colorado. He lost his possessions somehow, was almost his reflection. He walked over and
mind as that the damage. The Warden knew he could get in trouble if in the flood waters of Hurricane Ike. He lost his career struck up a conversation with the representative from
rogue wave his unexcused absence from the unit were discovered, so because he refused to lose his integrity. He lost his house the Phoenix School of Law. The culmination of that
of liquid he asked if Trinidad would vouch for him. He asked if when he lost his job. He was lost. discussion was the beginning of Trinidads legal career.
doused Trinidad would be loyal; he asked if
him. As he sat perched atop the Seawallthe dust beginning In The Tempest, Shakespeare penned the oft-quoted
Trinidad would lie. A familiar line, Whats past is prologue. Both the title and the line
to settle over a ruined careerTrinidad contemplated law
school for the first time. At the time, he said he wanted to are a propos to Trinidads experience. Today, the tragedies
figure out how TDCJ had been able to get him. He had cut and triumphs Trinidad experienced during his time as an
them, but they had won. They hadnt used a shank or mop officer of the TDCJ are among the shadows that dance
on the walls as he meets with every potential new client.
18 19
THE DEFENDER / SUMMER 2017
RICK OLIVER
brain, but the Bayesian Model has proven superior to
other models in artificial intelligence. That is, Bayesian term for this is the Zeigarnik Effect.
programs better replicate our thinking than other Attention requires energy. Because open loops take more
approaches, and the test of a model is its usefulness, attention and closed loops take less, and our lazy brains
About the author: Rick Oliver is a criminal trial
which makes the Bayesian Model the current winner. It prefer to expend as little energy as possible, we tend to
and appellate lawyer. In 2016, Rick was certified doesnt matter whether it is the literal truth, as long as it move from open loops to closed loops, and not from
by the Texas Board of Legal Specialization in works better than the other models. closed loops to open loops. Picture open-loop states as
Criminal Law. He applied for board certification mountains, and closed-loop states as valleys. It takes no
CONTINUED : THE SERPENT AND THE LIGHT
less than 7 years after being licensed, having energy to go from open loop to closed loop, and a lot of
never worked under another attorney or as an WHEN DO JURORS DECIDE? energy to go from closed loop to open. I call this Loop
assistant district attorney, and without relying on Theory.
In the context of a jury trial, prior knowledge of
a single court appointment in order to meet the conditions includes beliefs, which may not be trueii I talked in Part I about cognitive biases; Loop Theory
application requirements. He is a 2007 graduate of So its important to know when jurors decide whether accounts for all of those observed cognitive biases. The
South Texas College of Law and has been a solo they are going to find our clients guilty or not. Some Bayesian Model, Loop Theory, and cognitive biases are
practitioner since 2008. In 2000, Rick received a
possibilities are: different ways of describing the same phenomenon of
people making up their minds early and then interpreting
Bachelor of Science in Business Administration After considering all of the evidence (as the court the evidence to support their beliefs.iii
from Trinity University in San Antonio, Texas. He instructs them);
completed his graduate-level coursework the At some random point between opening statement and
following year and received a Master of Science jury deliberation;
degree in Accounting. His articles have been
At the end of opening statements;
published in the Voice and The Defender. He is
a member of TCDLA, HCCLA, MCCDLA, NACDL, At some point in jury selection; and
NCDD, and DUIDLA. He lives in Humble with his Before coming to court.
wife and two children.
20 21
THE DEFENDER / SUMMER 2017
A Word from
LOOP THEORY IN TRIAL It is evidence that is:
a Court Reporter
by Tiffani June-Yeates
In the case of a jury trial, moving from open loop to Dispositive;
closed loop would be moving from not having a belief
about the defendants guilt to having a belief about the Incontrovertible; and
Attorneys, to refer to the potential jurors by number. Also, every
defendants guilt. So according to Loop Theory, jurors Unforeseen. word counts in your page count, so using names
minds tend to look for the earliest opportunity to close Your first trial like many of lifes other firsts is both instead of numbers will limit pages you have to pay for
the culpability loop. If you or the State has primed the jury to expect the exciting and frightening. It takes years to perfect your upon appeal.
evidence, it is not unforeseen. If other evidence contradicts craft. As seasoned court reporters (ahem, not old), we
An opportunity to close that particular loop might not the unforeseen evidence, it is not incontrovertible. And recognize this. We, too, also take our job as the keeper Lets face it, voir dire is one of the hardest parts of the
come before trial begins, but for most jurors it will come if the story of the party whom the evidence seems to of the record very seriously, and we understand that our record because of the freedom that is given the attorneys
by the end of opening statements. The rare juror who gets disfavor still makes sense in light of the unforeseen role is vital to the overall litigation process. as well as the jury panel. We as court reporters have lots
through opening statements without reaching a decision incontrovertible evidence, it is not dispositive. To have of briefs (shortcuts for words and phrases), but we do not
is probably going to listen to all of the evidence before the energy to move jurors from closed loop to open loop, So, this is one court reporters viewpoint on making a have briefs for a jury panel list of names. We will have a
court transcript. Listed are some of our pet peeves in
CONTINUED : A NEW MODEL OF JURY TRIAL: PART II: WHY & WHEN
deciding. the evidence must be unforeseen, incontrovertible, and brief for Juror No. __ or Venireperson programmed
dispositive. addition to hints.i for ease of transcription.
Most jurors are going to reach a decision about the
guilt of the defendant by the end of the parties opening So VOIR DIRE Please, we beg of you, let us use our Juror No. ____ or
statements. Once they have reached a decision (closed Venireperson brief and our number bank to help us not
the loop) they require a lot of energy to reopen it. In a If only shifts in credibility and blockbuster evidence will Ive noticed a trend among lawyers to see if you can
memorize the jury panel, but please leave this trick for be anxious and have a clean, real-time feed just in case of
jury trial, there are two things that can accomplish this change jurors decisions made by the end of opening read-back or our transcription time. So please and thank
and get jurors to revise their initial decision. statements, what is the point of the rest of the trial? And the family gatherings and/or social events.
you, numbers only.
how can the trial lawyer best exploit this model of the
Have you ever gone to a restaurant and been seated at
jury trial to get sweet two-word verdicts for her client? The second pet peeve concerning voir dire: when
a 10-person table, and the waiter did not bring a piece
TWO THINGS MAY REOPEN THE LOOP of paper or pen to write everyones order down? They addressing a juror, make them raise their number card,
Tune in next issue. and YOU SAY THEIR NUMBER for the record. Just
promise everyone, Dont worry. I wont forget your
The first thing that can reopen the loop is a shift in --------------------------------- because a juror raises their card, that doesnt mean I, as
order. But inevitably they do. Well, it is the same
credibility. We are social creatures, and credibility is very the court reporter, have the right to put it in the record.
i Scientific American, Faster than the Speed of Vision, letdown when you do not get it right for an hour in front
important to us more important to us than factuality. You, as the attorney, have to verbally say it.
December 14, 2016 of your jury panel.
If a juror has decided in favor of one side and that side
suddenly loses credibility, the juror may revise her ii So not really knowledge because we cannot know things From the record standpoint, Here is an example of what it needs to look like:
decision in favor of the other side. In a jury trial, the that arent true. when you have an appeal EXAMPLE 2
credibility of the side is the credibility of the lawyer. So if iii Score another one for the model. and you are going over
you do something to lose credibility in trial, you can lose the voir dire portion, VENIREPERSON: I have a question.
jurors. If you can undercut your adversarys credibility, it is much cleaner MR. ATTORNEY: Yes, Juror No. 3?
however, you can bring jurors from his side to yours.
The second thing that can reopen the loop is blockbuster
evidence. Blockbuster evidence in this context has a
mark bennett
Mark Bennett is an improviser, writer, and
for you (and
appellate
review)
EXAMPLE 2
MS. ATTORNEY: Juror No. 4, can you agree to be a fair
technical meaning.
hypnotist who dabbles in lawyering, with a and impartial juror in this case?
focus on criminal law (hes Board Certified VENIREPERSON: Yes, but I wanted to say my dad was
in that), appeals, and free speech. in a DWI car accident where the driver was over the legal
limit. I might have some bias.
22 23
THE DEFENDER / SUMMER 2017
the witness to stop speaking, for the Judge to take notice, back millenia to when court reporters were scribes with
and for the court reporter to HEAR what you are about to The key to courtroom savvy is confidence. One way of scrolls of papyrus and ink. Not much has changed in the
put into the official court transcript. projecting that confidence is a slow, concise recitation work we do today, except now we use state-of-the-art
of your opinions of what the law should be. When this technology; the written word is alive and timeless.
BIG THINGS HAPPEN in that 2-3 minute exchange standard is adhered to, a clean and usable record is
of opinions and chaos of voices. Court reporters need created, and that is the goal. Plus, in your record, we will ---------------------------------
attorneys to stand, wait 2-3 seconds, object slowly, and need to look up all that law you recite, and we do not i Which will vary from reporter to reporter
speak clearly to the Judge so that your voice projects. want to spend hours looking for things that sound like
ii Depending on the volume of pages, more notice may be needed.
Following this protocol will keep your record clear, what it should be. Finally, it is always good practice to
clean, and precise. carry in the paper copies of the law you recite into the
record. Please and thank you in advance.
E
HCCLA MEMBERS JUMPED INTO ACTION RIGHT AWAY -- SOME RISKING THEIR LIVES IN HORRIBL
CONDITIONS AS FIRST RESPONDERS TO RESCUE EVACUEES AND PETS IN PRIVATE BOATS, WHILE
OTHERS DELIVERED FOOD AND SUPPLIES TO RESCUE WORKERS. MANY PUT THEMSELVES IN HARMS
WAY FAR FROM HOME TO ROCKPORT, PORT LAVACA, BEAUMONT AND OTHER DISASTER AREAS.
--
MEMBERS WASTED NO TIME IN REPAIRING AND REBUILDING OUR COMMUNITY AFTER THE STORM
CLEANIN G, HANDING OUT
COLLECTING AND DONATING ITEMS, VOLUNTEERING AT SHELTERS - COOKING,
SUPPLIES, OR ASSISTING FLOOD VICTIMS WITH FEMA FORMS.
MANY RUSHED TO FLOODED HOMES WITH TOOL BELTS -- TEARING OUT SHEETROCK, CARPETS,
CABINETS, APPLIANCES; MOVING DEBRIS AND FURNITURE TO THE CURB; AND CLEANING UP THE MESS.
AND CLIENTS
that about fifteen or so thousand of the inmates directly proportion of intellectually disabled men in prisons
held by TDCJ are eligible for a classification we once appears to be higher] are also let down by a school
called mentally retarded but now call intellectual system that either does not care, wants to avoid labeling
disability or developmentally disabled. Applying that them as intellectually disabled, or is engaged in outright
same logic and calculation to the jails, that would mean cooking of their own books to avoid costly special
[AND WHAT TO DO ABOUT IT!] about 1000 or so inmates in the Harris County jail system
are also in that category.
education consequences for the intellectually disabled
segments of their students.
by Pat mccann
28 29
THE DEFENDER / SUMMER 2017
pat mccann
socializing with adults problems in dealing with daily life, in filling out forms,
as opposed to younger usually means they were in balancing a checkbook or working a cash register,
children who are their in Special Education, or dealing with people in any type of setting work,
which is another flag.
CONTINUED : WHY THE INTELLECTUALLY DISABLED ...
intellectual peers, and personal, familial. Get it notarized. Put all this together
proper boundaries Ask family members in a nice, neat folder or package.
Pat McCann is in solo practice in Houston,
in interpersonal (if you can find any) if Texas. He was licensed in 1995 and certified
relationships. your client struggled Now, what to do with all this stuff? Well, depending to handle criminal cases up through death
Responsible use of in school or had a bad on your facts, and the people you are dealing with, be
hospitalization after a creative. Could you use this information to write a nice
penalty matters at trial, appeal, and on
alcohol, for example, is habeas. He is a past President of both the
something that people with beating or an accident. Get grand jury letter, informing the grand jurors that your
normal IQs often do not and read school records. client is intellectually disabled? Can you connect the dots Harris County Criminal Lawyers Association
practice - imagine how much Ask your client if he ever for the prosecutor on your case, if you felt it is a problem and the Fort Bend County Criminal Defense
of a challenge it would be for a got services at the Mental with their fact scenario? Can you suppress the confession Attorneys Association. He is a board
person with an IQ of 65? Health Mental Retardation by attacking whether the client really understood his
Authority (MHMRA). Look for rights or knowingly waived them, under Osbourne
member of the Anthony Graves Foundation
Some studies these days also show any IQ scores near or below 70. Ask v. State?ii Is your client impaired enough to raise a and the Thurgood Marshall Innocence
that those with less well-developed brains for an explanation in his own words of competency issue under 46b of the Criminal Code of Project at Texas Southern University, a past
are often more susceptible to the intoxicating something abstract when you visit your client Procedure? Can you raise the issue of intent under Ruffin member of the Governors Specialty Courts
effects of controlled substances than their normal in jail. Try and find the friend or family member your v. Stateiii if the crime is a specific-intent one? Can you Advisory Council, and past Chairman of
peers. Therefore, not only do these folks often lack the potentially intellectually disabled client depends upon raise involuntary intoxication by showing the disparate
knowledge and maturity to process the bad results of over- for daily task assistance. This will be the person your effect of medications or narcotics or booze on your
the Fort Bend County Defenders Advisory
indulgence in alcohol or drugs, those same substances client always mentions whenever they need to make a clients under-developed brain? Can you sway a judge Board. He was a founding member of the
actually hit them with more potency than their age group decision, which is another red flag. Ask about prior jobs to believe that this is a case that needs special handling? Harris County Veterans Treatment Court and
peers. Now let us think about how such folks deal with and call these previous employers or co-workers at the Can you prepare a good punishment case for your client is a retired Navy officer.
the criminal justice system itself. No person who has prior job (with permission) for more information. Ask with this information? Is it relevant to a probation offer
30 HCCLA ETHICS HCCLA ETHICS 31
THE DEFENDER / SUMMER 2017
TACTICS
Wednesday Night Staff Meeting.
Experience rule number two should My final suggestion is to take some
start with a mirror. Take a good look time off, hang around the Courthouse, Jim got himself disbarred twice.
at yourself. If youre perceptive, and watch jury trials. Dont wait for The first time, the criminal-defense
you will notice that nature has given the so-called stars to perform community came together and
you only one mouth and on the other because you may never see a trial. wrote letters of support, and he got
hand has given you two ears. The You can also ask some of the more undisbarred. The second time,
way most lawyers function, this active trial lawyers if they would I think maybe we all realized that
should be different. We should have mind if you sat in with them when this was just his way of quitting the
three mouths and probably no ears. they are in trial. Most such lawyers practice of law without quitting.
Why did nature design your head in would welcome you, if you express Retirement by bar committee,
by Jim SKelton such a fashion? The answer is simple: an interest. Along the same line like suicide by cop.
you should do twice as much listening spend some time with some of our
as talking. So when you talk to more experienced trial judges. Get We let him do it.
people, listen very carefully to what them to tell you about some of their
they say in return because they are trial experiences. Whenever I have a Still, every Wednesday afternoon
This is an article written by Jim Skelton in 1985 and has some very good information for us all. telling you about themselves. And if moment, I love to visit with Judge at the courthouse Jim would teach
Judge McKay was from East Texas and was a Harris County Judge for many years. Jim left this you have sense enough to listen, you McKay. He has a wealth of stories the appellate update. I had the
will learn a whole bunch about people. about East Texas lawyers, and some privilege of teaching it a few times
world March 8, 2017. Jim had been the Significant Decisions Editor for the Voice and a long-
Jurors are the same way. If you can of the characters that he has met in his when Jim was unavailable. It was a
time participant in the TCDLA Huntsville Trial College. Jim helped many lawyers and helped me get them to talk to you and if you trial days. I have never wasted a lot of work. At the time I wondered
come up with the idea for the Ethics Committee and hotline to help lawyers. In Jims honor, this bother to listen to what they have to minute in the time that I have listened why everybody didnt attend the
will be the Ethics article for this issue. say, they will tell you a lot about how to him. I think that it should be Wednesday Appellate Updates.
they think and feel. This comes in required that every young trial lawyer Twenty years later, I understand
by robert pelton very handy, if you want to win cases. spend some time with Judge McKay. other things seem to take priority
He has a lot of experience, and hes as our lives, our families, and our
My third suggestion is to join an about half smart too. practices grow. But Jim poured
I always marvel at the expectations of A lawyer fresh from law school It should be a daily practice. After all, organization that permits you to get
some experience in public speaking. Remember plain old likability makes countless hours into making us all
trial judges. Everyone from the Chief is much like an ugly blind date, the people who you meet daily are the
You could try your hand at Toastmaster up for a world of experience. This better, and if you didnt take
Justice of the United States Supreme moles and all, but given time and ones who make up juries. The only
Court on down complains bitterly experience, all that can change. Lets difference is that they are packaged or something similar. Read the trait does not come from 10,000 jury advantage of it, it was your loss.
about the ignorance of the trial bar. A talk a bit about converting moles to differently. They come in singles in Sunday paper. It is full of information trials; it comes from daily living and Jim leaves a rich legacy of better
lot of what they say is true but what beauty spots. your daily life whereas they come in about upcoming seminars and places daily habits. Keep in mind that a lawyers behind. He was my mentor
solutions do they offer? panels of thirty or more in your lawyer that afford the opportunity for you to musician who practiced only at and my role model.
The first problem that faces young life. And if you dont practice relating practice running your chops. Dont concerts would soon be out of the
It doesnt take a great deal of sense to lawyers is getting experience. They all to them individually, how in the hell be proud. I would even speak at a music business, and if you are sitting Im sweating a jury in Midland as I
complain; most folks have that down want trial experience. Its a Catch-22 can you expect to relate to them when convention for quilters, if given the around waiting for jury trials to get write this. Everything I am as a
pat. The hard part is to offer an problem. You have to have clients to they come in gaggles of thirty? opportunity, because every shot at experience, then you will not be criminal-defense lawyer and a
alternative or come up with a workable get experience, and you have to have public speaking makes jury trials a bit long in the trial business. And I really mentor, I owe to Jim.
solution. It does little good to complain experience to get clients. Thats how This then is experience rule number easier. hope to see you around for a while.
that your blind date is wearing the story goes, but I dont think that is one: practice daily the fine art of This Slaid Cleaves song always
ill-fitting jeans and has two hairy being far-sighted. talking to people. When you go out to My next suggestion is to exploit Class made me think of Jim: youtube.
moles and a fresh abrasion. The key is eat, always make eye contact with the C misdemeanors. Try every single com/watch?v=e_F0KsJrMxs
getting yourself through the evening. A successful trial lawyer is basically a waiter and have something to say other one of them, especially those in
Bitching wont solve the problem. person who has the ability to talk and than how you want to torture your municipal court. How can you lose? Ave atque vale, old friend.
listen to people, and you dont have to stomach. When you buy gas, spend a
wait for a trial to get this experience. Mark W. Bennett
WAR
32 33
fallen
THE DEFENDER / SUMMER 2017
Sherri Steele Curse, bless me now with your fierce tears, I pray.
Do not go gentle into that good night.
Ronald Tonkin Rage, rage against the dying of the light.
34 35
Sometimes I joke about being A friend shared with me that he
crunched together in the had attended a 12-step program
THE DEFENDER / SUMMER 2017
journaling, womens workshops, best part is that when I screw it Office of JL Carpenter since
motivational speakers, up, I can forgive myself, clean January 2006. Today, Ms.
committing to the gym, but up my mess, and start again. Carpenters life mission is
somehow alcohol kept finding The reward for me is that now simply to be useful to others
its way back into my life. I could I may enjoy the practice of through service work and
not understand how I could put law without the bondage of to be an encouragement to
my mind to almost anything and alcohol, and words cannot other working mothers, other
accomplish it, but I could not express the freedom that brings. sober lawyers, and/or other
stay away from alcohol for more
lawyers currently struggling
than 30-40 days at a time before Cheers!
going back to my familiar crutch. with alcoholism.
SUMMER 2017
THE DEFENDER
PO Box 924523
Houston TX 77292-4523