EL Defenzor.net

Those court reporters are a bunch of greedy little women

2009-08-28T01:33:00.000-07:00

These guys are denying justice in the courtroom and the poor children a lawyer but they line their pockets

Wednesday, August 26, 2009

County Commissioner's Doing Audits on Select Judges But Not Themselves?

Are the County Commissioners throwing stones when they live in glasshouses? Are they suppressing fees for court appointed lawyers yet paying their own private lawyers 175 to 250 per hour. El Defenzor begins the probe....

Are poor citizens being denied their constitutional right to an attorney because the county is pressuring judges not to pay lawyers for their services yet they are obtaining their own attorneys at exorbitant rates? We shall see...

8 comments:

Anonymous said...: woudn't surprise me starting with Loyd Neil and his wheeling and dealing.; He owns the press here so we never here about his shady insurance deals and the 95% loan from packery channel we are paying for.; August 26, 2009 9:29 PM
Anonymous said...: Why would the county commissioners need attorneys when they have the county attorney's office? Let's found out. More corruption. Go get them Homero!; August 26, 2009 9:30 PM
Anonymous said...: And let's not forget Banales has 3 or 4 lawyers he gives all the business to. Are the commissioners looking at him? What about the 140,000 office? I bet that would pay for 100 court appointed lawyers!; August 26, 2009 9:33 PM
Anonymous said...: Insider: This is politically motivated and they are trying to single out a couple of judges. The county commissioners need to look at all the money they are burning that belongs to the taxpayers.; August 26, 2009 9:34 PM
HOMERO VILLARREAL said...: Keep talking readers...Who has the dirt on this?
: Is their corruption on paying side lawyers instead of Laura Jiminez' fine lawyers that should be representing the county? Why are there private lawyers? Who knows?Respond anonymously readers. Your input is greatly appreciated and will be followed up and verified...; August 26, 2009 9:35 PM
Anonymous said...: EDC culture and marketing is the cottage industry that rapes the county funds. The County commissioners have no problem giving out million dollar contracts that are corrupt and full of croneyism but begrudge a poor person and their lawyer a decent wage. It's time to expose them. Look for your seat. Teh county commissioners have the easiest part time job in the world: 80k a year for a few hours a week and they can work at their own jobs and they can buy their husbands a brand new office and we pay for it. Why can't poor people get a lawyer? Because they control the judges that way. They audit judges and then they don't audit themselves!; If it wasn't for the Ortiz machine these commissioners and corrupt EDC members from taking over the whole county and raping the system. They started a war and we are going to finish it. EVERYONE RUN AGAINST THE COUNTY COMMISSIONERS! THROW YOUR NAME IN THE RING. IF YOU ARE FEMALE AND HISPANIC GO FOR IT!IF YOU ARE WHITE AND MALE GO FOR IT! IF YOU HAVE POLKADOTS AND A PINK AFRO GO FOR IT. RUN AGAINST FENCE SITTER NEIL WHO JUMPED TO BE A REPUBLICAN TO GET ELECTED. ENOUGH! These guys are denying justice in the courtroom and the poor children a lawyer but they line their pockets. YOU WANT A WAR? YOU HAVE IT COUNTY COMMMISSIONERS.; August 26, 2009 9:43 PM
No Gard said...: Homero - your "blog" is rather vague. I would like for you to elaborate on specifically what judges are being audited. I am at a loss. I have heard talk of those "court-appointed" attorneys pay being outrageous - some even living off of it. You need to go pull some records and find that CERTAIN judges have only CERTAIN outside lawyers they will appoint.

As for County Attorney, it is an elected position. That position is to represent the interests of the county when it comes to contractual matters, legal matter, personnel matters. The Commissioners Court should have an attorney as they enter into binding agreements with numerous companies and someone should make sure they are sound contracts.

Still would like to know WHICH judges are being audited? As it is my understanding, the County Auditor is appointed by the JUDGES themselves and the County Auditor answers to the Judges. So, Homero who is feeding you this bullsh*t? If the judges are being audited, it is because one of their own ordered it.

As for the court-appointed attorneys, I think the County should create a department that houses attorneys for those specific cases. Then all the attorneys in the community would either have to become employees of the county ONLY or not get the cases. Then the amount can be reduced greatly by having only a handful of attorneys, rather than hundreds and no one could maintain their livelihood off the back of the judges who appointment. I know that Rudy Trevino even did a report on this and the outrageous amounts "certain" lawyers make.

I think the audit is warranted and since they are considering cutting the budget, this would be a prime place to start. Get more for your buck! But Homero, if you are getting fed this bullsh*t by one of those morons (and you know who I am talking about), you might want to research before posting. Seriously. Don't let their words be the gospel.; August 27, 2009 8:26 AM
No Gard (The Informed) said...: And as another note, while you are talking about Judges and money and attorneys, why dont you go ask those lovely district judges why the hell they GAVE the court reporters a 10% increase. It is a state statute that the DISTRICT JUDGES have the right to give them the increase and the county MUST pay it. Those judges have pissed everyone in the courthouse off! I MEAN ALL OF THEM! Those court reporters are a bunch of greedy little women sitting there in comfortable working conditions all day - there's where the finger pointing needs to be. Why did the district judges feel it appropriate to give the 10% to those reporters, when most make more than the ADA's representing the citizens in the county. Saldana had that same question. Seems Watts, Hassette, Banales (who has 2 reporters), Longoria, Galvan, Greenwell, and Ramos were happy a lark to give those "girls" 10%. Who in the HELL gets a 10% annual increase in this country? What favors are those people doing for the judges? I was even told they were asking for 10% every year for the next 4 years. I personally say FIRE them! Find someone else to do it for less. In this economy, you are blessed to have a JOB, don't be greedy! The court reporters have ranges in salary from $45k to 74k (this high one in Banales court) annually. They don't even work 40 hours a week like the typical employee. Banales isn't even in court in Nueces County EVERY day...

There's where you need to look Homero. Go check that fleecing out. Go check out that corrupted pay system. Those court reporters also are able to BILL the county and others for the TRANSCRIPTS they typed on COUNTY TIME. And they make THOUSANDS! So their true annual salary is more like double what the county pays them as OBLIGATED by state statutes.

And again I say - LAURA JIMENEZ GARZA is ELECTED ... she is not appointed and according to statute, her job is: http://www.texascounties4u.org/desc/attorney.html. She is not elected to represent "citizens" in the courtroom as individuals for crimes nor is she there to prosecute them. Her job and that of the other attorneys and paralegals and assistants is clearly laid out in this description.

HOMERO... please get your information straight before you present Laura as a prosecutor or defense counsel. Her job is to provide legal opinions and rulings to the Commissioners and the County Elected Officials as it pertains to OFFICIAL COUNTY BUSINESS.

Please keep in mind, many of these decisions (regarding pay and appointments) were made by PREVIOUS Commissioners Courts and from what I understand, there are some SERIOUS changes going to take place in our county in the future.

Here are some links to help everyone sort out all the DUTIES, APPOINTMENTS and PAY of those in question:

District Attorney & the ADAs: http://law.onecle.com/texas/criminal-procedure/2.01.00.html

Court Reporters: http://law.onecle.com/texas/government/52.046.00.html

Court Appointed Attorneys (appointed by the COURT JUDGE and PAID for by the COUNTY): http://law.onecle.com/texas/criminal-procedure/26.051.00.html

Unfortunately, due to decisions by previous Commissioners, County Judges AND elected legistative representatives, these RIDICULOUS statutes are in place. Why? I am sure it was at sometime to make one of their friends happy - Herrero just passed a bill making all court reporters "OFFICIAL" court reporters. Doesn't he have better things to focus on that such a ridiculous matter? Why did he do it? Why don't you ask his LEGAL buddies why ... and it was all generated by someone in our District Court system. http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB1551; August 27, 2009 8:48 AM

Corpus Christi Watchdog Authority: Gov Richard Perry positions Hubert to Retaliate on me & my people.

2009-03-30T12:32:00.000-07:00

Corpus Christi Watchdog Authority: Gov Richard Perry positions Hubert to Retaliate on me & my people.

Rove Expedience & A Simple Activation Mechanism: A bloated bafoon in a suit who treated his wealth as carefully as the Beverly Hill Billies

The EDC and Atkinson and all the other Gringo Pendejo Organizatons trying to shut El Defenzor Down

2009-03-28T02:24:00.000-07:00

The EDC and Atkinson and all the other Gringo Pendejo Organizatons trying to shut El Defenzor Down

Homero: If you won't say it I will. Aren't you tired of these white controlled pendejos trying to shut down El Defenzor's message? Don't they understand that Hispanics now know how to use a computer, see through the smoke screen and are figuring out that what these guys will do for whites they won't do for hispanics? They pay their LATINO LACKEYS A PITTANCE AND THESE GUYS EAT DUNG, THEY REALLY WILL. Also, the wannabe politicero JEFF "Give me money and you will win or lose on your own" BUTLER who pockets all this money from political candidates, shares none of it and then has all of his candidates lose while making a quarter million dollars in campaign season. What kind of pendejos would pay this pinche pancon a dime. He's almost as bad as Al"The Kiss of Death and God told me to charge you 50,000 for your `campaign" Hinojosa as a campaign manager. The time has come Mi Raza to make our own political machine vis a vis the internet and to come together. I am challenging all my Latina sisters to be the next generation of politiceras who don't have to be intimidated by white men and their Latino Lacky male counterparts who will do anything for the gringo because they have been conditioned to kiss the white man's ass. Corpitos is the worst. Ask my homeboys from the Westside: There are so many Mexicans in Corpus that Actually believe they are white like Nelda Martinez. Por favor. Even with the lightest make up base you are still brown Honey! If you are brown stick around.

PURA HISPANA IS PROUD OF MY LATINA SISTERS!

Juanito the JP from Alice and the President from Iran: How come you never see them in the same room?

And I promise that I won't run for Mayor of Alice and fix cases and pronounce people dead at the same time and marry people as your JP....

Juanita aka Tres Mil

Atkinson doesn't control me plus I have to fly back to Iran after this Political season...Ok, Ok, just kidding...PURAHISPANA POLITICAL HUMOR...HAHAHAHHA.

Elida Garza in Alice: Filing false charges against District Clerk David Guerrero

ELIDA GARZA SHOWN HERE RAGING AT A SCHOOL BOARD MEETING IN ALICE IN FEBRUARY 2009.

As I was filing down my nails to write another column I thought of yet another hot button issue in Alice and that is of Elida Garza at a school board meeting. This rabid dog reportedly tried to blast everyone and When the illustrious and well intentioned David Guerrero in his own gentlemanly way told her to sit her old bitch ass down what does she do? ONly in Alice, Texas does she file charges and leave the taxpayers having to pay for a groundless investigation and take up space in their local newspaper. This woman Elida Garza has had an ax to grind with certain school board members for years. Frustrated and postmenopausal she yearn for the days when they could give her a good one and she would be satisfied, but noooooo. As with many people with too much time on their hands she goes after people who do nothing but try to serve the community, manipulate the media and the County Attorney's office and leave countless man hours at Jesusa Sanchez Vera's office to have to deal with politically motivated pressing of charges that will go nowhere. Elida: Please, take some ex-lax, concentrate on reviving your sex life and shut the hell up and quit complaining. Chingao mujer, from a younger woman, perdona me pero ya caya te lo sico and move in. Whew...I feel better. Back to filing my nails, french cut and flawless. If Elida knows how to use a computer and reads this she can also pick up another device and use it to ease the tension, just don't brown out the electricity in Alice. Por Favor.

I am Purahispana, The Scorge of South Texas.

Con su licensia Homero but it is best a woman handle a woman on these issues, Ok?

PURAHISPANA LOVES ALICE. GO COYOTES AND DOWN WITH ELIDA GARZA.

Atkinson in Alice? People of Alice! Wake Up!Gringos Hediendos Pa Fuera!

Aren't we tired of the same old peckerwood's trying to rule over the Mexican American populace. Does Alice really need a white overlord buying a bunch of Hispanos? Who does this guy think he is? Fuera con este pendejo. George Parr you are not.

Permit me to crack my knuckles and begin.

Since the days of George Parr many Mexicanos have been controlled, misled and manipulated by a patron. Our culture lends to being subservient and unwilling to fight for what is ours. Is this South Africa where as in Alice over 80 percent of the population is Mexican American yet we bow and scrape to a gringo hediendo because he says so and names a street after himself by a movie theater and the Wal Mart? If 10 percent of us stood up to him, told him to shut his mouth and to go to whatever backwater place he came from our troubles would soon be over. Nothing makes me more sick than a man who is bored because he has too much money and is trying to overthrow people. People in Alice, take back your politics, don't listen to the modern day Parr's. The day of the peon is over. Estos gringos pendejos no saben que necitamos nuestra raza! Expose corruption at every turn. Get the government to investigate this man: from toxic dumping to shady deals to violating the election code. Don't serve this master. He thinks of all of you as Mexican dogs. Don't be fooled. No te creas en los curanderos blancos mi raza.

I'm just getting started. Thank God for the communications decency act of 1996 and the internet. Welcome Mr. Atkinson, there are so many things you can control or try to boycott.

PURAHISPANA. Only the internet allows a lil ole hispanic girl like me to geld you.

The Kenedy Pasture Company: Celis Needs To Subpoena Hillary

2009-02-12T09:58:00.000-08:00

You know I have been in and out of Mauricio's trial. A few observations from the first time I was there. IMO a pro establishment Judge with a subtle leaning towards housekeeping but enough to cancel technical victories for the defense. To my surprise (which really shouldn't have been a surprise) was the Texas Deputy Attorney General and he was on a mission. I think about it for a bit and start to smell the stench. This prosecution is a winnable prosecution but it is not one seeking Justice. Josie (the Politiquera from the commentarios) and the political targeting / retaliation exacted in her from the same Level and branch of government. We all know the prosecution of her as a criminal was ridiculous. The ones who disagree do so because they dont like her politics but not because technically she was prosecutable. This is suppression of the NUECES DEMOCRATIC PARTY. Mauricio is being prosecuted out of Political Expediency. Angelica takes credit as this thing being her baby, she has put together a winnable case against a man she despises right along side of Mikal Watts. I know the disdain Angelica harbors for these men who with their money influence South Texas Politics. She knows they are cheating and she ran her election campaign fair and square to lose by a very narrow margin. Now all of that said, i do not believe her diligence stems from Professionalism. Also, I cannot see her casting stones as she is not without prosecutable transgressions. I believed in Angelica and thought if anyone would retain a humble objectivity that it would be Angelica. My opinion diminished now by our last two communications. I contacted her by phone and asked her if she would apprise a situation dealing with the status of my wife (unlawfully confined) and how I might remedy the situation. She was very polite (but in hindsight) out of expedience only she said, Yes Mr Haley I will look into the situation and I will call you back. It will probably be late today but I assure you I will call you back today Mr Haley." I still remain. This is all I need to know Angelica has turned to the Dark Side.

On another note "The Whole World Knew" Mauricio was not a licensed attorney. Let's suppose they did not have a clue he did not possess a license, who dropped the ball and allowed him to operate in the State Judiciary without credentials? Now get rid of everyone who should have known and claims they did not know as their defense. WATT they are really telling everyone is that they are incompetent. GET RID OF TEH INCOMPETENCE!

As for Angelica, I am truly disappointed for her and in her. She knows it and avoided talking to me while Carlos just patted me on the back. She did have to speak to my wife as it was unavoidable. Angelica's cower to us says it all. She knows it doesnt feel right cuz if it did she would face us with passion and confidence. Where did the Old Angelica go?

As for Mauricio, he is in the grinder. Mikal Watts, Two Fer, Firestone and Velacrat Politics. The only option he has is to bring in the Politicos and get them on record. If he has half a brain he will set up the three rings right there in the courtroom and let the Political Circus begin. Hell, he should even subpoena Hillary. The witness list is where we turned the tables and it can be so for Mauricio as well. I have tried to show him the water but I cant make him drink.The Kenedy Pasture Company: Celis Needs To Subpoena Hillary

Attorney Rene Rodriguez Rocking CCPD, Chief Bryan Smith & All of The Dirt Swept Under The Carpet

2008-11-23T01:07:00.000-08:00

CCPD Chief Bryan Smith using the Internal Affairs Division as personal rogue detective agency in an attempt to protect the Chief and cronies and to keep illicit criminal acts secreted.

COMMANDER DAVID TORRES SUES CHIEF OF POLICE

EL DEFENZOR HAS OBTAINED A COPY OF THE LAWSUIT THAT IS ROCKING THE POLICE DEPARTMENT, THE CITY AND OUR CITIZENS OF SOUTH TEXAS.

READ ON FANS OF EL DEFENZOR:

Cause No. _____________

DAVID TORRES § IN THE COUNTY COURT
§
v. § AT LAW NUMBER______
§
BRYAN SMITH, CITY OF §
CORPUS CHRISTI § NUECES COUNTY, TEXAS

PLAINTIFF’S ORIGINAL PETITION FOR A PERMANENT INJUNCTION, REQUEST FOR PRODUCTION & REQUEST FOR DISCLOSURE

A. Discovery-Control Plan
1. Plaintiff intends to conduct discovery under Level 2 of Texas Rule of Civil Procedure 190.3
B. Parties
2. Plaintiff David Torres is a resident of Nueces County, Texas
3. Defendant Bryan Smith, individual, is a resident of Nueces County, Texas and may be served with process at 321 John Sartain St., Corpus Christi, Texas 78401.
4. Defendant City of Corpus Christi is a municipal corporation and a political subdivision of the State of Texas, who may be served by serving its acting City Manager Angel Escobar at 1201 Leopard St., Corpus Christi, Texas 78401
C. Jurisdiction
5. The individual parties to this lawsuit are residents of Nueces County, Texas. The municipality herein is located in Nueces County, Texas.
D. Venue
6. All matters alleged herein occurred in Nueces County, Texas.

E. Facts
7.1 On or about May of 2007, Assistant District Attorney Jack Pulcher informed Plaintiff that a police officer had purchased a vehicle from the police impound lot. Jack Pulcher again retold the same story to Plaintiff David Torres and Detective Gilbert Garcia. As a result of that information, Plaintiff specifically informed Assistant Chief Kenneth Bung of the allegations that officers were purchasing vehicles from the impound lot for their own personal gain. During that meeting, Assistant Chief Kenneth Bung did not tell Plaintiff that he was already aware of the situation or that he knew that the former Chief of Police Pete Alvarez had allegedly acquiesced to this activity by police officers by doing nothing about it. The investigation revealed that Captain Jerry Vesely, Lieutenant Weldon L. Weber and Senior Officer Martin Jasso were persons involved in inappropriately and illegally purchasing vehicles from the police impound lot. Assistant Chief Kenneth Bung, Commander John Moseley and Commander Mike Walsh never informed Plaintiff that they had been aware of this illegal activity since 2004 and had done nothing to stop it.
7.2 Plaintiff David Torres had uncovered and reported a situation that could prove embarrassing and inexcusable for the police department. This investigation would definitely have a detrimental effect on the career of Police Chief Bryan Smith. Commander John Moseley, Commander Mike Walsh, Assistant Chief Kenneth Bung and Police Chief Bryan Smith never informed Plaintiff that they were aware of the illegal activity at the impound lot by these police officers. In fact, Plaintiff and Detective Gilbert Garcia informed Assistant Chief Bung that Ronnie Berglund, the Impound Supervisor, told Plaintiff and Detective Garcia that he and his supervisor, Aaron Rios, had previously notified the police administration about Captain Jerry Vesely’s actions in buying multiple cars from the impound yard. In order to avoid any semblance of complicity in criminal conduct by the Corpus Christi Police Department, Chief of Police Bryan P. Smith began his conspiracy to frame Plaintiff by making him a “suspect” in this vehicle impound matter. Plaintiff was interviewed by Internal Affairs on August 17, 2007 and again on November 27, 2007. The interview focused on fabricated allegations by Captain Jerry Vesely, Lieutenant Weldon L. Weber and Senior Officer Martin Jasso that Plaintiff (1) knew of police officers purchasing vehicles from the police impound lot and (2) never indicated that the practice was inappropriate or illegal. In addition, Assistant District Attorney Jack Pulcher participated in this conspiracy and provided a false statement to Internal Affairs that he never informed Plaintiff of any wrongdoing at the police impound lot. At no time during the questioning of Plaintiff David Torres did Assistant Chief Kenneth Bung, Commander John Moseley, Commander Mike Walsh or Chief Bryan Smith inform anyone that they had been aware of this criminal activity at the police department since 2004.
7.3 On April 22, 2008 Senior Officer Larry Serna at the direction of Defendant Bryan Smith conducted a polygraph examination of Plaintiff. According to Senior Officer Larry Serna, the polygraph examination of Plaintiff allegedly resulted in a finding of “Deception Indicated” regarding three (3) areas of inquiry – (1) Did Plaintiff have knowledge that police officers were purchasing vehicles through the police impound lot prior to May 16, 2007; (2) Was Plaintiff being truthful to Internal Affairs during Plaintiff’s two interviews; and (3) Did Plaintiff have knowledge that Captain Jerry Vesely had purchased a vehicle through the police impound lot prior to May 16, 2007. Plaintiff demanded a second polygraph from Chief of Police Bryan P. Smith, especially since the examination revealed “No Deception Indicated” regarding Plaintiff’s assertion that he initially received the police vehicle impound information from Assistant District Attorney Jack Pulcher. Although the findings were blatantly inconsistent and in all probability fabricated, Chief of Police Bryan P. Smith nevertheless denied Plaintiff’s request to allow a second polygraph examination or to review the results. In addition, Defendant City of Corpus Christi has to date refused to provide Plaintiff with the polygraph test and results so that he can review and test the polygraph examination for accuracy and intentional false readings. Plaintiff David Torres contends that the polygraph was used in a malicious attempt to falsely transfer criminal guilt from certain members of the Corpus Christi Police Department to Plaintiff David Torres. High command staff of the Corpus Christi Police Department’s administration knew that this criminal conduct at the impound lot had been occurring since 2004.
7.4 On April 23, 2008, Chief of Police Bryan P. Smith issued Plaintiff a letter of Contemplated Disciplinary Action in the form of Termination of Employment, stating in part, that “Honesty and integrity are paramount in the law enforcement profession.” This contemplated Letter of Termination was essentially based on statements made by persons who committed criminal acts and on a tainted and predetermined polygraph examination designed to make Plaintiff David Torres the scapegoat. In addition, the Internal Affairs’ file did not contain any interviews of vital witnesses that would prove that Assistant District Attorney Jack Pulcher, Captain Jay Vesley, Lieutenant Weldon L. Weber and Senior Officer Martin Jasso were not being truthful. It was patently obvious that the investigation by Chief of Police Bryan P. Smith and Internal Affairs was specifically intended to culminate in a predetermined and pernicious conclusion – To frame and falsely accuse Plaintiff of the criminal conduct and shift the guilt from the true criminal perpetrators to Plaintiff. Defendant Smith’s intent was to also quiet the Plaintiff. At no time did Chief Bryan Smith inform Plaintiff David Torres of his complicity with members of his administrative staff. Engaging in criminal conduct and using the police department for one’s personal illicit gain is outside the course and scope of Defendant Bryan Smith’s employment. As such, Defendant Bryan Smith at all times herein acted individually and outside the scope of his authority as Chief of Police for the City of Corpus Christi.
7.5 On April 25, 2008, Plaintiff and Corpus Christi Police Officers Association President Domingo Ybarra met with Chief of Police Bryan P. Smith. Initially, Chief of Police Bryan P. Smith offered Plaintiff “alternate disciplinary punishment”. This essentially would have placed Plaintiff on probation and at the mercy of the Chief of Police. “Alternative disciplinary punishment” means that the Chief of Police would place Plaintiff on probation, and the Chief of Police would have the authority to unilaterally decide when Plaintiff committed any infraction, subjecting Plaintiff to immediate termination without any right to an appeal or grievance process. Plaintiff refused the offer. Chief of Police Bryan P. Smith then gave Plaintiff the option to retire in lieu of termination. Plaintiff again refused the offer. At this point, Plaintiff told Defendant Bryan Smith, in the presence of CCPOA President, Domingo Ybarra, that Assistant Chief Kenneth Bung had committed several illegal acts and engaged in major violations of the Rules Manual. Defendant Smith stated that he did not want to do anything to Assistant Chief Bung because he was going to retire in August of 2008.
7.6 Since Plaintiff did not retire as expected and told Defendant Smith that he would have to terminate Plaintiff’s employment, Chief of Police Bryan P. Smith immediately gave Plaintiff a letter stating that he was demoted to Captain and was to immediately report to Commander J. V. Garcia for patrol duty. He also gave Plaintiff another letter stating that Plaintiff was suspended for two hundred forty (240) hours. Plaintiff signed the demotion and suspension letters, indicating receipt of the disciplinary punishment documents, in the presence of Corpus Christi Police Officers Association President Domingo Ybarra. As Plaintiff was about to leave the office, Chief of Police Bryan P. Smith pulled the disciplinary documents from Plaintiff’s hands and told Plaintiff that he had to discuss this situation with City “legal”. Plaintiff was told to return to the Chief’s office some time later in the afternoon. After allegedly meeting with “legal”, Chief of Police Bryan P. Smith returned to give Plaintiff a Letter of Reprimand. The letter did not mention the results of the polygraph examination nor Plaintiff having any prior knowledge of police officers purchasing vehicles from the police impound lot. Instead, Plaintiff was reprimanded because the criminal investigation of Senior Officer Martin Jasso “indicates that the level of said investigation was well below what I would consider an acceptable standard”, indicating “a lack of investigative integrity and attempts to make said investigation culminate in a predetermined conclusion.” In other words, Plaintiff David Torres was essentially accused of criminal conduct, i.e., tampering with evidence and conducting a criminal investigation to achieve false results. Defendant Bryan Smith knew that Plaintiff, Detective Gilbert Garcia, Captain John Houston and Lieutenant Raymond Lara had previously met with District Attorney Carlos Valdez to discuss the “impound lot” investigation and findings. Mr. Valdez informed them that it was a good case for prosecution but the statute of limitations had expired. In other words, this matter began in 2004 and no one in the Corpus Christi Police Department Command Staff with knowledge of the events presented the case to the District Attorney for prosecution within the statute of limitations. It was now too late.
7.7 At all times herein, Defendant Bryan Smith acted individually and outside the course and scope of his employment with the City of Corpus Christi, trying to protect himself and his job. Defendant Bryan Smith in concert with others in his administration engaged in contemptible conduct designed to destroy and ruin the career of an innocent policeman by falsely accusing Plaintiff David Torres of criminal conduct in order to conceal their own criminal activity and to “save their own hide” from possible criminal prosecution.
7.8 Prior to May of 2008, Plaintiff requested that the police department investigate several instances of wrongful conduct being perpetrated by various members of the department. Peter G. Merkl, Assistant City Attorney sent a letter dated May 14, 2008 to the undersigned counsel in which he assured Plaintiff that the allegations would be investigated by the Internal Investigation Division. No such investigation ever occurred. Instead, Chief Bryan Smith used the Internal Affairs Division for his personal use and began to essentially investigate every aspect of Plaintiff David Torres’ life in order to justify his nefarious plan to shift criminal culpability away from him and his cronies towards an innocent party with no regard to decency, honor or conscience.
7.9 After May 15, 2008, Defendant Bryan Smith made Plaintiff a criminal suspect in an alleged corruption case investigation. In fact, internal affairs and Defendant Bryan Smith contacted the Texas Ranger’s office to seek criminal charges against Plaintiff. It was determined that the allegations were unfounded and had no merit.
7.10 Defendant Bryan Smith also sent an internal affairs officer, Ruben Vela, to interview a Chief of Police from another city in an attempt to gather inculpatory information against the Plaintiff regarding an issue that Plaintiff had no involvement or participation in. It was determined that the allegations were unfounded and had no merit.
7.11 Internal Affairs investigators were also sent to the Child Advocacy Center to investigate alleged inappropriate conduct by Plaintiff relating to a civilian board dispute. The allegations were determined to be unfounded.
7.12 Defendant Bryan Smith also sent Internal Affairs investigators to interview a Corpus Christi police officer regarding a sexual harassment complaint to determine if the Plaintiff was involved in any manner with this allegation. The allegations were determined to be unfounded.
7.13 Defendant Bryan Smith also intentionally did not present material evidence and vital witnesses before the Jerry Vesely Arbitration hearing in order to predetermine the outcome, i.e., reinstatement of Jerry Vesely. Specifically, Captain Vesely, prior to his termination, had ordered three officers to make false statements in an affidavit in order to justify the seizure of a vehicle. Ultimately, one officer complied with the order and signed an affidavit containing false information which justified the seizure of a citizen’s vehicle. This vehicle was eventually released to the rightful owner with no impound fees assessed against the owner. Five police officers had made themselves available for the arbitration hearing to testify about Captain Vesely’s inappropriate and illegal conduct regarding this false affidavit. Lieutenant Jason Brady also presented an investigative packet to internal affairs regarding Jerry Vesely’s actions in attempting to force police officers to file false reports. In addition, Captain John Houston also forwarded a similar investigative packet from the Criminal Investigations Division to Internal Affairs regarding Jerry Vesely ordering police officers to sign false affidavits to justify the seizure of a vehicle. Defendant Smith did not include this matter in Jerry Vesely’s Notice of Termination and never requested the presence of any of these officers at the arbitration hearing for testimony. In addition, Plaintiff was the commanding officer in charge of the Vesely impound investigation. Although Plaintiff had specifically contacted City legal to make himself available for the arbitration hearing, he was never contacted to testify at the arbitration hearing. Jerry Vesely was reinstated with back pay. Captain Jerry Vesely is now a supervisor in the Corpus Christi Police Department proudly wearing a badge and carrying a gun.
7.14 Defendant Bryan Smith did all of the above in his individual capacity in a concerted attempt to frame and bring false charges against the Plaintiff, using the Internal Affairs Division as his personal rogue detective agency in an attempt to falsely accuse Plaintiff of criminal conduct and to forever destroy Plaintiff’s career in order to protect Defendant Bryan Smith and his cronies and to keep these illicit criminal acts secreted.
7.15 There is no question that Defendant Bryan Smith engaged in this conduct to personally protect himself. Defendant Bryan Smith attempted to garner positive media publicity by publically proposing marriage to a female on April 15, 2007. (C.C. Caller-Times: Chief steals no bases, just her heart) Unfortunately, this media honeymoon abruptly ended in less than a week. Defendant Bryan Smith was accused of rape by his former girlfriend, and media frenzy ensued. (C.C. Caller-Times: DA: Woman accuses police chief of rape; Woman who accused police chief has attorney; Incident report involving police chief released; City hangs on to reports in allegations against chief; Report: Smith texted woman; Smith inquiry being delayed) In May of 2007, the same month that the Plaintiff brought this impound lot scandal to the attention of Assistant Chief Kenneth Bung, the alleged rape case was set to go to the grand jury for indictment. (C.C. Caller-Times: Smith case goes to grand jury on May 25; Jurors to hear Smith case on May 25; Carlos Valdez is right to expedite the Smith case; Valdez, Ranger discuss evidence; Grand jury meets Friday in sexual assault case against police chief; Smith’s accuser arrives at grand jury hearing) During this period, Bryan Smith was forced to hire an attorney to represent him and was forced to admit to his fiancé that he had strayed from their relationship. (C.C. Caller-Times: Smith denies sexual assault: Texas Rangers Investigate) Defendant Bryan Smith’s entire life was now under public scrutiny. (C.C. Caller-Times: No indictment for police chief; No indictment) Also in May of 2007, the Police Officer’s Association decided to back Skip Noe in his decision regarding Bryan Smith’s future. (C.C. Caller-Times: City’s police association backs Noe in Smith case) In June of 2007, the local newspaper reported that Bryan Smith now faced his greatest challenge which was to try and regain some credibility with the community and his department after the grand jury decided to “no bill” the rape charge. (C.C. Caller-Times: Police chief takes on his greatest challenge)
7.16 In July of 2007, a former employee reported to the local media that the Corpus Christi Police Department was backlogged by over five thousand (5,000) police reports not being entered into the system. (C.C. Caller-Times: Ex-police lieutenant points out backlog of reports) The former employee indicated that it was a four month backlog. Again, Bryan Smith found himself under scrutiny answering questions about his failed leadership. Bryan Smith did admit to the backlog and attempted to diffuse this adverse publicity by providing veiled excuses.
7.17 In August of 2007, Bryan Smith found himself again in the media unable to shake the accusation of rape. With numerous people and agencies making open records requests to the Texas Department of Public Safety for the rape reports and investigation, Bryan Smith again hired an attorney to try to keep them concealed. In August of 2007, however, the Attorney General ruled that the public interest in determining the credibility of its police chief far outweighed any privacy issues and ordered the rape investigation and reports be made public. (C.C. Caller-Times: AG: Rangers must give chief’s accuser info) It is during August that the first internal affairs interview occurred with the Plaintiff – now a suspect to alleged criminal conduct regarding the impound lot matter.
7.18 In November of 2007, the Chief came out publicly stating that the officers had abused their power in purchasing vehicles from the impound lot - but did not mention that the information had come from and was brought to light by the Plaintiff and that this practice had been going on for years. (C.C. Caller-Times: Police captain put on paid leave in probe of impound lot practices) In November, Plaintiff was again brought before Internal Affairs for questioning regarding the impound lot investigation.
7.19 In December of 2007, the Chief of Police found himself defending the department regarding a man in custody that died after being pepper sprayed by his officers. (C.C. Caller-Times: Man dies in police custody) These officers were put on paid administrative leave pending an investigation. Also in December, the newspaper printed an article advising the public that there would be a vote to determine whether a majority of the Corpus Christi Police Officer’s Association members still had confidence in Bryan Smith and other head administrators. (C.C. Caller-Times: Police group to take confidence votes) The vote was to occur in January of 2008. (C.C. Caller-Times: Local police union tallies election results) At the end of December 2007, Bryan Smith issued a memorandum making it a violation of policy for police officers or police department employees to purchase anything at auction or from the impound lot. (C.C. Caller-Times: No employee purchases of city property or seized items.)
7.20 In January of 2008 and in a very public vote, the Corpus Christi Police Officer’s Association issued a “no confidence” vote in Bryan Smith. (C.C. Caller-Times: Officers group counts no confidence ballots) Bryan Smith remained in public scrutiny.
7.21 In January of 2008, the police department suffered a devastating loss of one its officers in a car wreck. It was later determined that the officer was not using his safety belt. The Chief of Police had to again answer questions about why his own officers, despite warning, were not using their safety belts while driving their police units. (C.C. Caller-Times: Report: Officer did not buckle up)
7.22 In March of 2008, the media again reported on major deficiencies in the police department, reporting that Detective Michael Hess was being placed on leave for hindering prosecution of a defendant. (C.C. Caller-Times: 2 police employees on paid suspension) And then in April of 2008 information surfaced that a long time clerk of the police department had managed to embezzle over fifty thousand dollars from payroll at the expense of taxpayers. (C.C. Caller-Times: Payroll clerk in inquiry resigns) In April of 2008, Defendant Smith ordered a polygraph examination of Plaintiff regarding the impound investigation and subsequently issued Plaintiff a letter of Contemplated Disciplinary Action in the form of Termination of Employment.
7.23 As a result of this adverse publicity, Defendant Bryan Smith did everything he could to silence the Plaintiff and shift culpability to someone other than himself and his command staff. His personal life was also under constant scrutiny during this period. Defendant Bryan Smith’s whole life was crashing down around him, and he knew that he couldn’t afford one more embarrassing scandal. Defendant Smith could not afford the public knowing that he and high ranking members of the police department had known about this blatant “abuse of power” and chose to do nothing to stop this criminal activity. Since Defendant Smith had everything to lose, he engaged in an illicit and concerted attempt to frame the Plaintiff by unscrupulously falsely accusing him of criminal conduct, without regard to the innocence of a decent and honest “cop”.
G. Intentional Infliction of Emotion Distress
8.1 Defendant Bryan Smith’s conduct in attacking the Plaintiff personally, lying about his involvement in this impound scandal, threatening termination and all of the other behaviors described above was intentional and reckless. Furthermore, it was extreme and outrageous conduct. Defendant Bryan Smith’s conduct proximately caused severe emotional distress to the Plaintiff and the severe emotional distress cannot be remedied by any other cause of action. The Plaintiff suffered humiliation, scrutiny among his peers, had to undergo a polygraph which was fixed, had to have his personal life scrutinized for reporting a crime at the wrong time in Bryan Smith’s life. Plaintiff further contends that Defendant Bryan Smith acted with malice.

H. Permanent Injunction
9.1 The Plaintiff requests that after a trial on the merits, the Court issue a permanent injunction to prevent Bryan Smith from using his position to further his own personal agenda and to refrain from using his position to further his personal vendettas. In addition, Plaintiff requests that there is no adequate legal remedy if the court does not issue this permanent injunction as the amount and degree of damage Defendant Bryan Smith and the City of Corpus Christi could do to the Plaintiff, and countless others, is immeasurable by any standard. The acts being committed by Bryan Smith and the City of Corpus Christi are prejudicial to the Plaintiff. There is a probable right to recover on the intentional infliction of emotional distress claim and a clear right to this injunction. Without an injunction, the Plaintiff will suffer a probable injury and that harm is imminent, the injury would be irreparable, and there is no other legal adequate remedy at law.
I. Conclusion
10.1 The ability of people to use their position to further their own personal agenda is a very real consequence of having a “title.” The Plaintiff was moving information up the chain of command as he was supposed to when Defendant Bryan Smith decided that his personal reputation could not endure another scandal and decided to silence him. Defendant Bryan Smith was on the verge of losing everything in his personal life…his job, his fiancé, his credibility, his reputation and his dignity. He viciously lashed out at the Plaintiff in an offensive and malicious attempt to destroy the career and reputation of an innocent police officer and human being.
J. Attorney’s Fees
10.2 Attorney fees. Plaintiff is entitled to recover reasonable and necessary attorney fees that are equitable.

G. Jury Demand
11. Plaintiff demands a jury trial and tenders the appropriate fee with this petition.
H. Conditions Precedent
12. All conditions precedent to Plaintiff’s claim for relief have been performed or have occurred
I. Request for Disclosure
13. Under Texas Rule of Civil Procedure 194, Plaintiff requests that Defendant disclose, within 50 days of the service of this request, the information or material described in Rule 194.2.
J. Request for Production
14. Under Texas Rule of Civil Procedure 196.2(a), Defendants are requested to respond to Request for Production attached herein within fifty (50) days of the service of this request.
K. Prayer
15. For these reasons, plaintiff asks that defendant be cited to appear and answer and that the court issue a permanent injunction preventing Bryan Smith from using his position to further his personal agenda and his personal vendettas and the City of Corpus Christi from encouraging, participating in conduct and authorizing its employees at the Corpus Christi Police Department from using their position to further personal vendettas to Plaintiff’s detriment. In addition, Plaintiff asks for the following damages:
a. Actual damages;
b. Unliquidated damages;
c. Exemplary damages;
b. Prejudgment and postjudgment interest;
c. Court costs;
d. Attorney fees; and
e. All other relief to which Plaintiff is entitled both in law and in equity.
Respectfully submitted,

LAW OFFICE OF RENÉ RODRIGUEZ
433 South Tancahua
Corpus Christi, Texas 78401
TELEPHONE: (361) 882-1919
FACSIMILE: (361) 882-2042

Posted by HOMERO VILLARREAL

WHEN REPUBLICANS CALL THEMSELVES DEMOCRATS AND SUCH AND SO FORTH AND WATT NOT

2008-09-26T00:30:00.000-07:00

THEY PULLED THE SWITCHEROO

Vela could make history

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Bobcats get grounded by the Panthers

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2008 High School Baseball Capsules

Comments (1)
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How much time for justice?

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Comments (23)
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Capital murder trial continues today

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... on healthier lifestyles. Perhaps she could have more of her information publish ... is no way that birdshot at 30 yards could penetrate a grown man's skin, let al ... trying to blame the media. Analisa Vela Keep Coliseum The amusement park c ... hard to realize the rest of America could have a worthy media outlet to report ...
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... ook over my fence and pronounce they could smell my second-hand smoke as they d ... started on time and that every child could attend instead of just the select ch ... e bomb, but I would have stayed if I could have. Michael Sparks About time A ... mething to actively respond. Monica Vela Follow the rules I say bravo to th ...
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Comments (5)
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Odem cruises to playoff win

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Comments (1)
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BROWNSVILLE VOICE

2008-07-16T11:34:00.000-07:00

BROWNSVILLE VOICE

The law, which is relevant provides strict oversight by the judge.

"(l) Proceedings commenced under this chapter may not proceed to hearing unless the judge who is to conduct the hearing is satisfied that this article has been complied with and that the attorney representing the state will introduce into evidence at the hearing any answer received from an inquiry required by Subsections (c)-(h) of this article. "

Judge Banales like every other trained judicial monkey proved he would sign his own death warrant. Judge Banales’ willingness to sign anything without insuring strict compliance with the law is a major cause for the corruption which has Cameron County by the short hairs. It is time Governor Perry rethink Judge Banales’ appointment and demand his resignation. Oh, that is right, Governor Perry is in a permanent state of holding is knees at the command of Dannenbaum.

The law required that the BND be given notice of the lawsuit, and in fact served a copy of the lawsuit.

"Furthermore, Arambula didn't mind that District Attorney Armando Villalobos did not give BND notice of the intended forfeiture of $1 million from Dannenbaum's firm, perhaps stripping BND's right to claim the money for itself."

http://www.brownsvilleherald.com/news/bnd_86143___article.html/board_bridge.html

"This is cover-up Brownsville style - "we are so confident we can get away with it, we are going to announce it publicly." Any BND Board Member unwilling to demand a criminal investigation into how DA Villalobos secured the forfeiture without being able to name the source of the money, is not fit for public office. In my opinion a deal was cut to protect Dannenbaum from further exposure in exchange for 1 million dollars.

Tip of the Iceberg: Fwd: [Corpus Christi Caller Times] Remember the Cucuy vs Two Fer adversarial rel...

2008-07-06T07:21:00.000-07:00

Tip of the Iceberg: Fwd: [Corpus Christi Caller Times] Remember the Cucuy vs Two Fer adversarial rel...

Let the ELite Cannibalize themselves.
Personally,only one of those men have sat down, agreed and moved to align with myself (& LOS KENEDENOS) but ignorantly failed to heed the crucial advice (PUT UP A BIG STOP SIGN IN ROBSTOWN) and failed to build a working relationship with Homero. As for TWO FER, now there is a Drama King and the DRAMA is only beginning.

We are only seeing the Tip of the Iceberg: kenedeno

The State responded that it had no such evidence in its custody or control. Yes they do, because that evidence would prove the matter asserted is.....

2008-05-05T02:10:00.000-07:00

the truth. What is wrong with that? Why would that evidence be intentionally outside the custody or control of the Malicious prosecutors?

That is the truth, on video, evidence of the charge the state is prosecuting alleged defendant's life and evidence of a crime.

Where the Fruck is the tape?
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NUMBER 13-02-169-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

WILLIAM RAY GEARHART, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 105th District Court

of Kleberg County, Texas.

O P I N I O N

Before Chief Justice Valdez and Justices Rodriguez and Castillo

Opinion by Justice Castillo

The State indicted William Ray Gearhart, appellant, as a repeat felony offender for assaulting a public servant. Footnote On March 5, 2002, a jury convicted Gearhart and sentenced him to ten years confinement in the Institutional Division of the Texas Department of Criminal Justice. We conclude that Gearhart's appeal is frivolous and without merit. We affirm.

I. BACKGROUND

Gearhart filed a pro se notice of appeal on March 8, 2002. In the notice, Gearhart complained about his trial counsel's representation. He asked the trial court to appoint appellate counsel to represent him. The trial court appointed new counsel for him on appeal. Gearhart's appellate counsel filed a brief in which counsel concludes that the appeal is frivolous. See Anders v. California, 386 U.S. 738, 744-45 (1967).

II. APPLICABLE APPELLATE RULES

The rules of appellate procedure governing how appeals proceed in criminal cases were amended effective January 1, 2003. Generally, rules altering procedure do not fall within the prohibition in the Texas Constitution against retroactive application of laws that disturb vested, substantive rights. See Tex. Const. art. I, § 16; see also Ibarra v. State, 11 S.W.3d 189, 192 (Tex. Crim. App. 1999). Therefore, this Court applies the current rules of appellate procedure to this appeal. We may not affirm or reverse a judgment or dismiss an appeal for formal defects or irregularities in appellate procedure without allowing a reasonable time to correct or amend the defects or irregularities. Tex. R. App. P. 44.3. We also are prohibited from affirming or reversing a judgment or dismissing an appeal if the record prevents the proper presentation of an appeal and can be corrected by the trial court. Tex. R. App. P. 44.4(a). Accordingly, we abated the appeal on July 21, 2003 and ordered a supplemental record to include, in compliance with rule 25.2(a)(2), the trial court's certification of Gearhart's right of appeal. See Tex. R. App. P. 25.2(a)(2). We received a supplemental record on December 10, 2003 that includes the trial court's certification that Gearhart has the right of appeal. We now turn to the merits.

III. DISPOSITION

A. Anders Brief

Gearhart's original court-appointed appellate counsel filed a brief in which he concludes that this appeal is frivolous. See Anders, 386 U.S. at 744-45. Counsel certifies: (1) he diligently reviewed the record for reversible error; (2) he was unable to find any error that would arguably require reversal of the trial court's judgment; (3) in his opinion, the appeal is without merit; (4) he served a copy of the brief on Gearhart; and (5) he informed Gearhart of his right to review a complete copy of the appellate record and file a pro se brief on his own behalf. See Anders, 386 U.S. at 744-45; see also High v. State, 573 S.W.2d 807, 813 (Tex. Crim. App. [Panel Op.] 1978).

An Anders brief must provide references to both legal precedent and pages in the record to demonstrate why there are no arguable grounds to be advanced. High, 573 S.W.2d at 812. Counsel's brief does not advance any arguable grounds of error, but does contain a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See Currie v. State, 516 S.W.2d 684, 684 (Tex. Crim. App. 1974). With relevant citation to legal precedent and the record, counsel professionally evaluates the indictment, pre-trial motions, voir dire, opening statements, sufficiency of the evidence, jury charge, closing argument, and punishment phase. Arguable grounds of error should be advanced by counsel as required by Anders, if there are any. See id. However, we do not interpret Anders as requiring appointed counsel to make arguments counsel would not consider worthy of inclusion in a brief for a paying client or to urge reversal if, in fact, counsel finds no arguable issue to appeal. See id. We hold that counsel's brief is not the “conclusory statement” decried by Anders. See id.

In response to counsel's brief, Gearhart filed a pro se brief. Gearhart's original appointed counsel withdrew while this appeal was pending. The trial court appointed substitute appellate counsel.

B. Pro Se Brief

Gearhart asserts he was falsely accused of assaulting a public servant, a police officer with the Kingsville Police Department. He maintains that after he filed an internal affairs complaint regarding the incident, he was retaliated against when the State arrested him again for filing a false report and charged him with aggravated perjury. Generally, Gearhart challenges the sufficiency of the evidence to support his conviction. He claims he was attacked, without provocation, by two Kingsville police officers. He denies he attacked one of the officers first. He cites to purported inconsistencies in the testimony at trial in support of his position. Gearhart also claims that the State did not present evidence of his prior conviction for assault on a public servant to support his conviction and resulting enhanced punishment as a repeat felony offender.

Gearhart also complains his trial counsel was ineffective. He argues that his trial counsel did not subpoena the videotape from the arresting officer's squad car or the audiotapes of an emergency call made by a witness, a clerk at the convenience store where the altercation took place. The tapes, Gearhart asserts, would have substantiated his version of events. Gearhart also alleges his counsel was ineffective by not objecting to the jury. He claims that jurors who indicated in voir dire they knew the prosecutor or his family ended up on the jury and that his trial counsel permitted venire members to remain on the jury despite Gearhart's instructions to the contrary. Further, Gearhart alleges his trial counsel was ineffective by not delivering a closing argument that challenged the testimony of the officer about an injury that the officer had not included in his original report of the incident. Finally, Gearhart complains that his trial counsel made an inappropriate remark to the prosecutor, after the jury retired to deliberate, reflecting counsel's belief that the jury would find Gearhart guilty.

C. Independent Review of the Record

Since this is an Anders case, we independently review the record for error. See Penson v. Ohio, 488 U.S. 75, 80 (1988); see also Ybarra v. State, 93 S.W.3d 922, 926 (Tex. App.–Corpus Christ 2002, no pet.).

1. The Indictment

The indictment properly alleges the offense of assault of a public servant. See Tex. Pen. Code Ann. § 22.01(a)(1), (b), (d) (Vernon 2003). It also properly alleges three prior offenses as repeat felony offender enhancement. See Tex. Pen. Code Ann. § 12.42(a)(3) (Vernon 2003). Even if errors did exist in the indictment, the error could not be raised on appeal because Gearhart did not file a pre-trial motion alleging any error in the indictment. See Tex. Code Crim. Proc. Ann. art. 1.14(b) (Vernon 1977); Studer v. State, 799 S.W.2d 263, 268 (Tex. Crim. App. 1990). We find no arguable error in the indictment.

2. Pre-Trial Motions

The record reflects that the trial court heard Gearhart's discovery motion regarding production of the videotape from the arresting officer's squad car and any audiotape of the emergency call made by the convenience store clerk. The State responded that it had no such evidence in its custody or control. The trial court ruled it would permit Gearhart to subpoena any relevant videotapes or audiotapes for trial. Thus, the record reflects that the trial court did not make any ruling adverse to Gearhart. See Tex. R. App. P. 33.1. We find no arguable error in the trial court's pre-trial rulings.

3. Voir Dire

A review of the voir dire examination shows that sixteen venire members knew the prosecutor, a long-time resident of Kingsville, or his family. They all indicated they would consider the facts of the case and not base their decision on their knowledge of the prosecutor or his family. Neither the State nor Gearhart raised any challenge for cause. Thus, the trial court could not have erroneously ruled. See Johnson v. State, 43 S.W.3d 1, 5 (Tex. Crim. App. 2001); see also Allen v. State, 54 S.W.3d 427, 428 (Tex. App.–Waco 2001, pet. ref'd). Further, the trial court did not limit Gearhart's questioning of the jury. See Nunfio v. State, 808 S.W.2d 482, 485 (Tex. Crim. App. 1991). We find no arguable error in voir dire.

4. Opening Statements

As a general rule, to preserve error for appellate review, Gearhart must have made a timely, specific objection, at the earliest opportunity, and obtained an adverse ruling. Tex. R. App. P. 33.1; Turner v. State, 805 S.W.2d 423, 431 (Tex. Crim. App. 1991). Each side presented opening statements. Neither side objected to the other's. Gearhart thus waived any error in the prosecution's opening statement. See Limas v. State, 941 S.W.2d 198, 203 (Tex. App.–Corpus Christi 1996, pet. ref'd) (finding waiver for failure to object to prosecutor's closing argument). We find no arguable error in the prosecution's opening statement.

5. Sufficiency of the Evidence

a. Standards of Review

(1) Legal Sufficiency

A legal-sufficiency challenge calls for appellate review of the relevant evidence in the light most favorable to the prosecution. Jackson v. Virginia, 443 U.S. 307, 319 (1979); Swearingen v. State, 101 S.W.3d 89, 95 (Tex. Crim. App. 2003); Johnson v. State, 23 S.W.3d 1, 7 (Tex. Crim. App. 2000). We consider all the evidence that sustains the conviction, whether properly or improperly admitted or whether introduced by the prosecution or the defense, in determining the legal sufficiency of the evidence. Conner v. State, 67 S.W.3d 192, 197 (Tex. Crim. App. 2001). Similarly, in reviewing the legal sufficiency of the evidence, we look to all of the evidence introduced during either stage of the trial. De Garmo v. State, 691 S.W.2d 657, 661 (Tex. Crim. App. 1985).

In a jury trial, legal sufficiency is measured against the elements of the offense as defined by a hypothetically correct jury charge for the case. Malik v. State, 953 S.W.2d 234, 240 (Tex. Crim. App. 1997). A hypothetically correct jury charge is one that "accurately sets out the law, is authorized by the indictment, does not unnecessarily increase the State's burden of proof or unnecessarily restrict the State's theories of liability, and adequately describes the particular offense for which the defendant was tried." Id. A hypothetically correct jury charge would not simply quote from the controlling statute. Gollihar v. State, 46 S.W.3d 243, 254 (Tex. Crim. App. 2001). Its scope is limited by "the statutory elements of the offense . . . as modified by the charging instrument." Fuller v. State, 73 S.W.3d 250, 254 (Tex. Crim. App. 2002) (Keller, J., concurring); Curry v. State, 30 S.W.3d 394, 404 (Tex. Crim. App. 2000). When a statute lists more than one method of committing an offense, and the indictment alleges some, but not all, of the statutorily listed methods, the State is limited to the methods alleged. Fuller, 73 S.W.3d at 255; Curry, 30 S.W.3d at 404. This standard of legal sufficiency ensures that a judgment of acquittal is reserved for those situations in which there is an actual failure in the State's proof of the crime. Malik, 953 S.W.2d at 240. We then determine if any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Jackson, 443 U.S. at 319; Johnson, 23 S.W.3d at 7.

If we reverse a criminal case for legal insufficiency following a jury trial, we reform the judgment to reflect conviction for a lesser offense only if: (1) we find that the evidence is sufficient to support conviction of the lesser offense; and (2) a jury charge on the lesser offense was either submitted or requested but denied. Collier v. State, 999 S.W.2d 779, 782 (Tex. Crim. App. 1999) (plurality op.) (discussing circumstances under which court of appeals may reform judgment following jury trial to reflect conviction for lesser offense); Bigley v. State, 865 S.W.2d 26, 27-28 (Tex. Crim. App. 1993) (clarifying same). Otherwise, we vacate the judgment of conviction for legal insufficiency and order a judgment of acquittal. Swearingen, 101 S.W.3d at 95.

(2) Factual Sufficiency

We also measure the factual sufficiency of the evidence against a hypothetically correct jury charge. Adi v. State, 94 S.W.3d 124, 131 (Tex. App.—Corpus Christi 2002, pet. ref'd). We are constitutionally empowered to review the judgment of the trial court to determine the factual sufficiency of the evidence used to establish the elements of the charged offense. Johnson, 23 S.W.3d at 6. In determining the factual sufficiency of the elements of the offense, we view all the evidence neutrally, not through the prism of "the light most favorable to the prosecution." Id. at 6-7 (citing Clewis v. State, 922 S.W.2d 126, 129 (Tex. Crim. App. 1996)). We set aside a finding of guilt only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. Id. at 7. A clearly wrong and unjust finding of guilt is "manifestly unjust," "shocks the conscience," or "clearly demonstrates bias." Rojas v. State, 986 S.W.2d 241, 247 (Tex. Crim. App. 1998).

In conducting a factual-sufficiency review, we review the fact finder's weighing of the evidence. Johnson, 23 S.W.3d at 7 (citing Clewis, 922 S.W.2d at 133). We review the evidence that tends to prove a material disputed fact and compare it with evidence that tends to disprove it. Johnson, 23 S.W.3d at 7. We are authorized to disagree with the fact finder's determination. Id. However, we approach a factual-sufficiency review with appropriate deference to avoid substituting our judgment for that of the fact finder. Id. Our evaluation should not intrude substantially on the fact finder's role as the sole judge of the weight and credibility given to witness testimony. Id.

We always remain aware of the fact finder's role and unique position, a position we are unable to occupy. Id. at 9. Exercise of our authority to disagree with the fact finder's determination is appropriate only when the record clearly indicates our intervention is necessary to stop manifest injustice. Id. Otherwise, we accord due deference to the fact finder's determinations, particularly those concerning the weight and credibility of the evidence. Id.

Every fact need not point directly and independently to the accused's guilt. Vanderbilt v. State, 629 S.W.2d 709, 716 (Tex. Crim. App. 1981). A finding of guilt can rest on the combined and cumulative force of all the incriminating circumstances. Id. We reverse a judgment of conviction only if proof of guilt is so obviously weak as to undermine confidence in the fact finder's determination, or proof of guilt, although adequate if taken alone, is greatly outweighed by contrary proof. Swearingen, 101 S.W.3d at 97. Which standard applies generally depends on whether the complaining party had the burden of proof at trial. Zuliani v. State, 97 S.W.3d 589, 593 (Tex. Crim. App. 2003). If the accused did not have the burden of proof at trial, then the first or "manifestly unjust" standard applies. Id. If the accused had the burden of proof at trial, then the second or "against the great weight and preponderance" standard applies. Id.

In conducting a factual-sufficiency review in an opinion, we "show our work" when we consider and address the appellant's main argument for urging insufficiency of the evidence. Sims v. State, 99 S.W.3d 600, 603 (Tex. Crim. App. 2003); Johnson, 23 S.W.3d at 9; Manning v. State, 112 S.W.3d 740, 747 (Tex. App.–Houston [14th Dist.] 2003, no pet. h.); see Tex. R. App. P. 47.1. This practice benefits the parties, maintains the integrity of the justice system, and improves appellate practice. Sims, 99 S.W.3d at 603; Manning, 112 S.W.3d at 747. If we reverse a criminal case for factual insufficiency, we vacate the judgment of conviction. Clewis, 922 S.W.2d at 133-34. We remand for a new trial a criminal case reversed for factual insufficiency, so a second fact finder has the chance to evaluate the evidence. Swearingen, 101 S.W.3d at 97.

b. Sufficiency Analysis

(1) Legal Sufficiency

Viewing the evidence in the light most favorable to the prosecution and measuring it against a hypothetically correct jury charge, we find that the arresting officer testified to each of the elements of the offense of assault of a public servant. Gearhart struck the uniformed officer while the officer was in the process of detaining him in response to a public-disturbance complaint. Gearhart's assault bruised the officer and chipped his tooth. The convenience store clerk corroborated the officer's testimony. Gearhart stipulated in open court, in the presence of counsel, to the prior felony conviction, also for assault on a public servant. Viewing the relevant evidence in the light most favorable to the verdict, we conclude that any rational trier of fact could have found beyond a reasonable doubt the essential elements of the crime, including the repeat felony offender allegation. See Jackson, 443 U.S. at 319; see also Johnson, 23 S.W.3d at 7.

(2) Factual Sufficiency

We view all the evidence neutrally, favoring neither the State nor Gearhart, and measure it against a hypothetically correct jury charge. Johnson, 23 S.W.3d at 6-7; Adi, 94 S.W.3d at 131. In addition to the arresting officer and convenience store clerk's testimony, Gearhart testified in his own defense. He admitted he had been drinking and had gotten into a disagreement with the clerk about getting free matches from the store. He admitted he had marijuana in his pocket. He denied assaulting the officer, however. Rather, he said the officer who testified and a second officer assaulted him without provocation. Finally, Gearhart admitted he had been convicted before for assaulting a public servant, although he stressed that the public servant he assaulted that time was a corrections officer, not a police officer. Viewing the relevant evidence in a neutral light, favoring neither the prosecution nor Gearhart, and with appropriate deference to the jury's credibility determinations, we conclude that the jury's verdict is not so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. Id. at 6-7.

Accordingly, we find no arguable legal or factual insufficiency of the evidence. 6. The Charge

Gearhart did not object to the charge. Thus, to be reversible, any error would have to constitute egregious harm. Almanza v. State, 686 S.W.2d 157,171 (Tex. Crim. App. 1985) (op. on reh'g). We find no arguable egregious error in the charge. 7. Closing Argument

Neither party objected to the other's closing argument. Thus, Gearhart waived any error. See Cockrell v. State, 933 S.W.2d 73, 89 (Tex. Crim. App. 1996); see also Limas, 941 S.W.2d at 203. We find no arguable error in the prosecutor's jury argument.

8. Punishment Phase

The record shows that Gearhart stipulated to the prior felony assault of a public servant in the culpability phase of the trial, which evidence supported his enhanced punishment as a repeat felony offender. To preserve any error in the punishment phase, Gearhart must have made a timely, specific objection, at the earliest opportunity, and obtained an adverse ruling. Tex. R. App. P. 33.1; Turner v. State, 805 S.W.2d 423, 431 (Tex. Crim. App. 1991). Gearhart did not object at sentencing on any basis. We find that he waived any challenge to the sentence imposed by the jury. See Rhoades v. State, 934 S.W.2d 113, 120 (Tex. Crim. App. 1996). Moreover, the sentence assessed was within the statutorily permissible range and was based on admissible evidence introduced during the trial. See Jordan v. State, 495 S.W.2d 949, 952 (Tex. Crim. App. 1973). We find no arguable error in the sentencing proceedings.

9. Ineffective Assistance of Counsel

The record contains no evidentiary support for Gearhart's claims of ineffective assistance of counsel. When the alleged ineffectiveness asserted by a defendant occurs outside of the record, the proper vehicle for a complaint is a collateral attack that permits the development of facts concerning the alleged errors of counsel. Jackson v. State, 877 S.W.2d 768, 773 (Tex. Crim. App. 1994).

Accordingly, our independent review of the record finds that Gearhart's appeal is frivolous. We conclude that this appeal is without merit. See Penson, 488 U.S. at 80; see also Martin v. State, No. 13-02-118-CR, 2003 Tex. App. LEXIS 10181, at *3 (Tex. App.–Corpus Christi Dec. 4, 2003, no pet. h.). We affirm the judgment and sentence of the trial court.

D. Motion to Withdraw

An appellate court may grant counsel's motion to withdraw filed in connection with an Anders brief. Moore v. State, 466 S.W.2d 289, 291 n.1 (Tex. Crim. App. 1971); see Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991) (noting that Anders brief should be filed with request for withdrawal from case). Substitute appellate counsel in this case has not requested to withdraw from further representation of Gearhart on appeal. We hereby order counsel to advise Gearhart promptly of the disposition of this case and the availability of discretionary review. See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997). We further order counsel to file any motion to withdraw as court-appointed counsel with this Court within ten days of the date of this opinion. See Martin, 2003 Tex. App. LEXIS 10181, at *4.

ERRLINDA CASTILLO

Justice

Publish.

Tex. R. App. P. 47.2(b).

Opinion delivered and filed

this 11th day of December 2003.

Kenedeno's Texas Monthly: Karl Rove, Never Dreams of Being The President; Working "Under The Radar" Is Much More Satisfying.

2008-04-17T11:58:00.000-07:00

Kenedeno's Texas Monthly: Karl Rove, Never Dreams of Being The President; Working "Under The Radar" Is Much More Satisfying.

Karl Rove Likes What He Sees

With his new gig at Fox and a seven-figure political memoir in the works, Karl Rove has officially crossed over from shadowy 'Wizard of Oz' territory to somewhat approachable public personality. But as Lisa DePaulo finds out, that doesn't mean he's any less…pointed with his opinions

Photograph by Gillian Laub

i can see karl rove standing outside the restaurant, on the phone, yakking, pacing, occasionally peering at me through the etched-glass window and sticking a stubby finger in the air to indicate that he'll just be just one more minute. Eighteen minutes pass. He enters brusquely, with apologies and a crack about my "bright red purse" but also with the clear message that he is in control. Uncomfortable in this position, somewhat wary, constantly checking his watch ("Gotta go soon… Gotta go… Couple more minutes…"), not diggin' it, but always in control. Karl Rove is not a guy who kicks back with a drink—even coffee's a stretch ("I'm a decaf guy," he says)—and shoots the shit for a few hours. This isn't about a charm offensive—he gives the impression that he's not even sure why he's doing this. But: To be with Rove is to listen to a man who is utterly articulate and insightful and at the same time utterly…what's the word? Plain? Normal? Caucasian? If you didn't know he used to be Bush's Brain, if you didn't know he is widely credited/blamed with leading the Republican Party to an era of total world domination, if you didn't recognize him (as numerous gawkers inside the Muse hotel restaurant do) as the man W. famously dubbed "Turd Blossom," you'd think he was a middle-management sales lackey in town to sell Ginsu knives or something. The nondescript gray suit and overcoat, the geeky glasses and bald-on-the-top-with-peach-fuzz do, the briefcase (in middle school, he was the only kid with a briefcase, which pretty much sums it up). In what ways is he cool? We can't help but ask. "None," he says. "I am the antithesis of cool." We should also point out that Rove is exceedingly polite and well-mannered and, at moments, as prickly as the little cactuses on his tie. He has the demeanor of a man who had more power than he'll ever admit but is never really far from the 9-year-old who once got into a schoolyard fight over Richard Nixon, and lost. To a girl.

karl rove: Sorry to be late. I have a lunch with the Big Boss shortly.

gq: The Big Boss?
Mr. Murdoch.

Ah, that big boss. Does that mean you'll be getting more money out of Fox?
No, it doesn't.

Do you like being a TV analyst?
Uh, it's odd. You know, it's weird for me. But it's interesting.

Do you think Fox News is fair and balanced?
I do. I think they go out of their way to be fair and tough in questioning. I'm really impressed with the people I've gotten to know. Brit Hume is a very bright person; Chris Wallace has got a lot of integrity.

You also sold a book recently.
I did.

What'd ya get?
A lot.

And you're doing speeches, too, right? I read that you just gave one at Penn—
I like speaking to the college campuses.

And the first question, someone called you a cancer.
Right. Oh, sure.

You must get that all the time.
Uh, I get it some. When I go to campuses. But did you hear what I did? I just let him rant. And when he was finished, he had no question, he just wanted to accuse me of undermining the Constitution and blah-blah-blah-blah-blah. And I said, "Thanks for your thoughtful rant." And he sat down. And I said, "Now do you feel better about yourself?" And he said, "Yeah." And I said, "Well, I want you to feel better about yourself." And everybody laughed, and we went on.

But is it hard when people—
No. No. Look, everywhere I go, people say nice things to me. I don't live for that. I appreciate it, and I'm grateful for their kind words, but I don't live for it. And similarly, when people say ugly things? It doesn't affect me. They want their words to affect me. And as a result, I'm not gonna let 'em.

But when people say, "You've created this climate of fear—"
I laugh.

You laugh?
Yeah. I laugh. Sure. How? What, exactly? I'm not apologetic about what this administration has done. It's protecting America. It has won important battles in a war that we as a nation better win or we will leave the future to our kids, a much darker and dangerous future.

What's the biggest misconception about your role in the Bush White House?
That it was all about politics.

If that's the misconception, what's the overlooked truth?
Look, I'm a policy geek. What I've most enjoyed about my job was the substantive policy discussions. Being able to dig in deeply and, you know, learn about something, ask questions, listen to smart people, and form a judgment about something that was from a policy perspective.

When you look back at your career, especially in the Bush administration, what's the worst thing you did?
I'm not gonna be good at answering that.

But is there anything you feel guilty about? Or wish you did differently?
[exasperated laugh] Off the record?

No! Don't go off the record.
Off the record.

Okay, let's look back, to the very beginning of the Karl Rove story, when you got handed the keys [from Bush the father, to deliver to Bush the son] until now. And you look at where the president's approval ratings are today—
Yeah.

What did you do wrong?
Oh, look, I did a lot of things wrong. But the main thing is, we're fighting an important but unpopular war.

You still think it was the right thing to do?
Absolutely. Absolutely. And you know, one of our biggest mistakes was, the first time Harry Reid got up and said, "You lied and you deliberately misled the country," we should have gone back immediately and hit back hard, and we didn't. We let that story line develop. In reality, you go back and look at what Bill Clinton, Hillary Clinton, John Kerry, Al Gore—I'd be happy to supply you the quotes—what they said about Saddam Hussein possessing weapons of mass destruction.

What are you most proud of?
Being part of a group of people I have a great deal of respect and admiration for in service of the country.

If you had to make a bet, can Hillary pull it off?
The odds are long, but improbable things have happened almost every month in this race. She wasn't supposed to win New Hampshire, and she did. So we'll see. You know, she's got a lot of strengths, and he does, too. We got two wellmatched opponents going at each other hammer and tongs. It's fun to watch.

If it's mathematically impossible for either of them to get enough delegates, how will this get resolved?
Somebody can get to a majority, but they're gonna have to get to a majority with superdelegates. Neither of them can win enough delegates to win it on just simply the elected delegates.

So if it comes down to superdelegates, doesn't that become a question of who can be more ruthless?
Well, you know, people will have to decide whether they're going to act as reflectors of the popular vote in their districts or states, or whether they're going to exercise independent judgment. I think this is the big dilemma the Democrats face: Are they going to choose a nominee who essentially is chosen, validated, by a minor aristocracy, by essentially an undemocratic group? Because, look. Does anybody think that Patrick Deval [sic], governor of Massachusetts, and Senator Ted Kennedy are gonna respect the wishes of their home-state crowd and go for Hillary Clinton, who won their state? No.

So how ugly is it gonna get?
Well, I—we don't know. We have geological ages that are gonna pass. It's not that ugly today. The wounds are fresh, but there's plenty of time for them to heal. The question is, will the wounds get deeper and more difficult to heal? We don't know. My gut tells me it happens, but I don't know.

If you could run one of their campaigns, which one would be the dream campaign to run?
Neither one.

Why?
Because I don't believe in what they say.

But just as a strategist, just to get in there and—
Yeah, well, see, for me it's not divorced from who they are and what they're all about and what they would do.

What did you think of the red-phone 3 a.m. ad?
It was a gutsy, dangerous move. She figured out that she had to do something to raise the issue of: Is he fit to be president? And this was a way to do it. I happened to be in Texas a week before the ad popped, and all of her surrogates were hitting him pretty hard on the thinness of his experience. They were pretty brutal. And this ad sort of fed into that.

Isn't that the kind of ad you would have done?
Uh, look, that's the problem. She can't run an ad—you know, the more powerful ads she can't run against him, because she's afraid of looking too moderate. He's got essentially… His argument is twofold. "Vote for me because I'll bring Republicans and Democrats together; we're not red states, blue states, we're the United States." And second of all—and he said this most passionately in the Wisconsin victory speech: "There are big issues facing the country, and it requires leadership and energy to solve them." Well, the two best counters to those are Hillary saying, "I've actually worked with Republicans and Democrats to get things done." Or McCain saying, even more pointedly, "On all the big issues where Republicans and Democrats have come together, I've been in the middle of bringing them together, and you've been way out there on the fringe. When we pulled together the Gang of Fourteen, you were out on the fringe. When we pulled together a bipartisan answer on the terrorist-surveillance program, you were way out there on the fringe. When Democrats and Republicans, regardless of where they were on the war, came together to give our troops everything they needed while they were in combat, you were way out there on the fringe." Now, she can do some of that, because she's actually tried to work with Republicans over the years. He has not since he got there. He's been coolly detached and sitting on the side. His fingerprints are on, at most, a couple of small items. And then, on the leadership issue, she can say, "Look, I've been in the middle of these big battles. I've been providing the leadership. Sometimes we won, sometimes we lost. But at least I've been involved." And McCain will be able to sharpen that even more.

It seems like you're talking about authenticity here. Are you saying Obama is inauthentic?
I'm saying that he has adopted two themes for his campaign that are not supported by his actions.

Do you think Obama would be easier to beat?
I try not to think about those things. Because that inevitably leads you to believe, I would like to have A or I would like to have B. You need to keep your mind open about both of them.

You've said—what was the phrase you used about Hillary? "Fatally flawed"?
Fatally flawed. I just thought her flaws would show up in the general election. I didn't know they'd show up as early and as strong as they have.

Which flaws?
Uh, calculating. You know, she went through the period where she had the calculated laugh, she went through the period where she had the calculated accents, and you build that on top of a person who already has the reputation that anything she says is calculating, you know…

Is calculating a terrible thing?
It is if people think it's phony. And that's what her problem is. That and the sense of entitlement. You know, the sense of "This is mine, I deserve it; we're the Clintons, this is ours." And I think that really caused a lot of people to say, "You know what? It's not yours." And do we really want to go back? The '90s were nice in a lot of respects, but do we really want to go back to all that drama?

There is something ironic about Karl Rove criticizing someone for being calculating.
Right. Look, it's one thing to calculate and say, "What's the best way for me to do this?" It's another thing to say, "What's the best way to do this, even if it means the sacrifice of my fundamental principles?" When she stood up there and said, "I'm in front of an African-American group in Alabama, so let me adopt a phony southern accent!" And when she sat there and said, "You know what? I need to warm myself up, so for the next weeklong period I'm gonna sit there and laugh and cackle at anything that is even remotely funny." You know, when both she and he, who are free traders by instinct, went to Ohio and said, "We're gonna renegotiate NAFTA," when they know that (a) there's no provision to renegotiate NAFTA, and (b) the Canadians and the Mexicans are not gonna want to renegotiate NAFTA, and (c) when both of them understand that trade liberalization, particularly with our neighbors, has been to our economic advantage, who are they kidding?

But when people call you calculating, do you take that as a compliment?
Look, what I'm charged with is, in politics, taking the material that I have to work with—which are the views and values, convictions and principles, of my candidate or client—and charting the best path to victory. That's different than saying, "How am I gonna take a fundamental belief or a reality of me as an individual and discard it?"

So there's good calculating and bad calculating?
Absolutely.

If Hillary pulls it out, will Mark Penn [her chief strategist] be considered a genius?
Mark Penn is a very smart guy regardless of whether or not she pulls it out. He's a very smart guy.

But don't you think there've been a lot of mistakes?
Sure. But if you have to lay them at the feet of one person, you lay them at the feet of the candidate. The candidate sets the tone.

Are you surprised at how Obama exploded?
You know, I want to be careful—I think we need to be careful about not getting carried away with a narrative that doesn't truly exist. Like the story this morning in The New York Times about "the Obamacans"—the Republicans who support Obama.

You don't buy that?
No. Do I buy that there are Republicans who support Obama? Sure, I do. But take a look at the last four polls on which there are cross tabs available. There are twice as many Democrats defecting to McCain as there are Republicans defecting to Obama. In the Fox poll, Obama takes 74 percent of Democrats and loses 18 to McCain. And McCain keeps 80 percent of Republicans and loses 10 to Obama. And in every one of the polls, it's nearly twice as many Democrats defect to McCain as Republicans defect to Obama. And against Clinton, it's three times as many. Know why? Well, there are a lot of different reasons why. There are Democrats, particularly blue-collar Democrats, who defect to McCain because they see McCain as a patriotic figure and they see Obama as an elitist who's looking down his nose at 'em. Which he is. That comment where he said, you know, "After 9/11, I didn't wear a flag lapel pin because true patriotism consists of speaking out on the issues, not wearing a flag lapel pin"? Well, to a lot of ordinary people, putting that flag lapel pin on is true patriotism. It's a statement of their patriotic love of the country. And for him to sit there and dismiss it as he did—

You're not wearing a flag pin, Karl.
Sometimes I do, sometimes I don't. But I respect those who consciously get up in the morning and put a flag lapel pin on.

Do you see the elitist thing in other ways?
Obama is coolly detached and very arrogant. I think he's very smart and knows he's smart, but as a result doesn't do his homework.

So the Dems have two rattled candidates?
Right. Now, you got one candidate who's got an appeal to the blue-collar Democrats: Clinton. I call them the beer drinkers. And then you got the white-wine crowd, which Obama appeals to. There's a brilliant article by Ron Brownstein in the latest issue of National Journal in which he charts the change in the nature of the Democrat-primary vote, and it's becoming younger, more affluent, and more liberal. And that means that blue-collar Democrats, whatever's left of them, are on their way out of the Democratic Party.

What do you make of this whole thing where Hillary was talking him up as a vice president and he came back saying, "Wait a minute, I'm winning—why are you asking me to be your number two?"
Very calculating on the part of the Clintons, and a mistake for him on his part.

Why?
Because they wanted him to get down to their level. They want him to look like, you know, not the golden inspiring figure but instead, you know, like an average ordinary pol who's got three years in the United States Senate. So they lay it out there. And rather than having it be dismissed by a surrogate, instead he goes out there! And rather than having an inspiring, forward-looking message, instead he's out there as an ordinary pol saying, "Hey, I'm number one, I'm in first place! I won more states than she did. I won more delegates than she did. What the hell's she doing offering it to me? That's insulting." And he did it in an arrogant way that I don't think made him look that good.

So you don't think his response played well?
No. Take a look at the footage. Turn the sound off and look at it. You can tell that he is arrogant, and you can tell that he's a little bit angry, and you can tell he's very dismissive. He takes his hands and he sort of, you know, waves his hand like, "I'm dismissing something." That was the moment to say, you know, "Look, I know what my opponents are saying, but you know what? I'm focused on one thing and one thing only, which is to help bring Republicans and Democrats and independents together to move America forward." Instead of "Hey, lemme just remind you, I'm winning! I'm beatin' her!"

So he took the bait?
He took the bait.

Have you gotten to know Hillary or Barack to any degree?
Yes, I have.

What have been your dealings with them?
Well, you know, I used to have her office at the White House. And I got to know [Obama] because we have a mutual friend, Ken Mehlman, who was his law-school classmate at Harvard. And so as a result, whenever in the last three years he's been around at the White House, I've gotten to see him, and we sort of would hang around and chitchat about things. I'm actually in his book. He wrote that "people like Newt Gingrich, Tom Delay, Ralph Reed, and Karl Rove say we are a Christian nation." And I did not say that. I confronted him about it. At the White House.

And what did he say?
Well, first he denied that I was in the book! And then he denied that it said that I said that it was a Christian nation. And then when I pulled out the thing [he had a copy of the offensive page with him] and showed it to him, he sort of blah-blah-blah-blah-blah- blah-blah. And I thought, That's who he is. I mean, look, he may claim that he's for a different kind of politics, but that was a cheap shot. And I'm not certain if any of the four said it either. But it was like, you know, Let's just strap it in there and see if it goes someplace. Another example: Him saying, "We honor John McCain for his fifty years of service" was a cheap shot. He was going out of his way to say John McCain's old.

Is John McCain too old?
No.

Do you think Obama's gotten a free ride from the press?
Yes.

How so?
I don't think they hold him to the same standards. You know, look, his Web site is full of all kinds of proposals written by academics galore. But he's not required to defend them. He's not required to explain what it is he wants to do. Now I think that's changing. I think, when you have an editorial in USA Today that says, in essence, Where's the beef, what's the substance? When reporters start asking him tough questions about his relationship with Tony Rezko—you know, what was the value of the lot? What was the price that you paid? How many fund-raisers did he do for you? How much money did he raise at those fund-raisers? When they start asking him those questions, then it starts to change. I mean, the kind of questions that have been routinely asked of other candidates—about their background and associations and involvements—have only recently begun to be asked of him.

I get the sense you respect Hillary more than you respect Obama.
Off the record?

Please don't go off the record.
Off the record… [Yeah, it's good. Sorry.]

Damn! Now say that on the record.
No. Nope. Nope. Nope.

Let's try again, then: on the record. I get the sense you respect her more than him.
Uh, I know her better than I know him. And I just, uh—she has been around public life a lot longer and has demonstrated, you know, more involvement than he has.

Let's talk about Bill. You've gotten to know him better, right?
Yeah.

What do you think of him now?
He's a very entertaining rogue. He's a larger-than-life character. You can't help but sort of like him. But boy, he has made some missteps in this campaign.

Yeah, what's up with that? He's supposed to be this political genius. What's going on?
He's all wrapped up in it. He's lost his detachment. Sometimes you can be more detached about yourself than you can be about members of your family. He's all revved up about her and making mistakes.

Do you buy any of the pop psychology that there's a part of him that's sabotaging her?
I—I—that is way beyond. I have never… I don't have a couch that anybody could sit down on, and… I don't know, I don't know.

But you were surprised to see how he handled the South Carolina thing?
Well, it may have been calculated, I don't know. Maybe they made a calculated decision that, Hey, we need to send a message that all he can do is win states with African-American voters. But I don't think it played—even among Democrats.

Recently, in a meeting with some people from the Republican National Committee, you said, "Do not use 'Barack Hussein Obama.' "
Right, right. Um, in politics—

Is that because it's not right?
It's wrong. But not only that, it's counterproductive. In politics, there are arguments that are seen as not factual and not fair, or trivial, and they blow up in your face. And this is one that people look at and say, "You're trying to imply something about him that's not true. I think you're going a bridge too far, and I'm reacting negatively." I mean, he didn't pick his middle name, somebody else did. And he doesn't go out of his way, like Hillary Rodham Clinton to, you know, emphasize it.

You probably never thought, eight years ago, that John McCain would be the nominee.
You know what? In politics, second acts are either really bad or really good. And so the question was gonna be, Who might want to succeed Bush? McCain was always a possibility. He's always harbored a desire.

What do you think of him now?
I like him. We bonded in the '04 campaign.

Do you have to hold your nose to vote for him?
No, no, not at all. I enthusiastically voted for him. I just sent in my absentee ballot [in Texas], and I gave him $2,300.

So what's your life like now, Karl? Are you based in Washington still?
We're splitting our time between Washington and a place we have in the panhandle in Florida. And a little place in Texas. We're looking to be in Texas more permanently starting this fall. We've enjoyed Washington, but look, I don't wanna be like… I got a guy, lives around the corner from us in Washington, who had a prominent role for six months in the Reagan administration, and he's still living off of it twenty-some-odd years later. I don't intend to do that.

What do you intend to do?
I'm trying to figure that out. I've got a couple years between the book and the speeches and Fox and my Newsweek column and my writing for the Wall Street Journal and some things I'm doing in politics under the radar.

What do you do for kicks?
I read and go hunting. And travel with my wife.

Tell us about your wife.
She's a terrific, courageous person.

Is it hard being married to you?
Uh, I don't think it's hard being married to me. I think it's hard being married in public with me.

Let's talk about the last couple of scandals you've been involved in. Don Siegelman in Alabama [the Democratic governor whom Rove was recently accused of trying to sabotage by forcing U.S. attorneys to bring corruption charges against him prior to an election]. What happened?
[rolls his eyes] Will you do me a favor and go on Power Line and Google "Dana Jill Simpson" [the Republican lawyer who told 60 Minutes that Rove asked her to take a picture of Governor Siegelman cheating on his wife]? She's a complete lunatic. I've never met this woman. This woman was not involved in any campaign in which I was involved. I have yet to find anybody who knows her. And what the media has done on this… No one has read the 143-page deposition that she gave congressional investigators—143 pages. When she shows up to give her explanation of all this, do you know how many times my name appears? Zero times. Nobody checked!

Then how did this happen?
Because CBS is a shoddy operation. They said, "Hey, if we can say 'Karl Rove,' 'Siegelman,' that'll be good for ratings. Let's hype it. We'll put out a news release on Thursday and then promo the hell out of it on Friday, Saturday, and Sunday." And Scott Pelley—the question is, Did [60 Minutes correspondent] Scott Pelley say to this woman, "You say you met with him. Where? And you say that he gave you other assignments earlier. When did he begin giving you assignments, and what campaigns did you work with him in? What evidence? I mean, this woman, she said she met with him: Okay, you met with him—where? Did you fly to Washington?" Now she says that she talked to me on the phone and she's got phone records. Of calls to Washington and Virginia. But what's Virginia? I don't live in Virginia. And it's 2001. What is in Virginia? It's not the Bush headquarters; that was in Austin, Texas. What is in Virginia? So—but look, she's a loon.

What about the U.S. attorneys? Should you have had a role in hiring and firing?
[a little peeved now] What was my role in firing those U.S. attorneys?

Your position has been—and tell me if I have this wrong—that you basically relayed complaints?
To the counsel's office. Correct.

And that was an appropriate thing to do?
Oh sure. Sure it is. Sure it is.

What's your relationship with the president now?
Good. Really good.

Do you talk a lot?
Yeah.

Did you know that Laura called you Pigpen?
Yeah. [laughs] Laura Bush intimidates me. All the Bushes—well, most of the Bush men marry incredibly strong women, and they all intimidate me. Barbara Bush I've lived in fear of for thirty-seven years.

What's your goal with this book? You intend to set the record straight, as you see it?
Absolutely, absolutely. Sure. You bet. I intend to set the record straight.

I imagine you're going to have a lot to say.
Yeah, exactly. Available soon for $29.95…. I gotta go! I gotta go!

Wait, quickly: Do you believe Roger Clemens?
Um, yes, I do.

If he gets nailed on perjury charges, is that the kind of guy Bush might pardon?
I'm sorry?

Do you think if he got nailed, that would be the type of person Bush would pardon?
I'm not gonna answer that. I mean, he's done nothing wrong.

Should Scooter Libby be pardoned?
I'm not gonna answer that. Just not. Just not. But thanks for asking.

lisa depaulo is a GQ correspondent.

April 02, 2008

Nueces De La Parra: Shamsie “Strong Arms” Solomon Ortiz & Rene Rodriguez

2008-04-11T07:45:00.000-07:00

Nueces De La Parra: Shamsie “Strong Arms” Solomon Ortiz & Rene Rodriguez:

Saturday, December 17, 2005

Shamsie “Strong Arms” Solomon Ortiz & Rene Rodriguez

Shamsie “Strong Arms” Solomon Ortiz & Rene Rodriguez
Jaime Kenedeno - 11:40pm Oct 10, 2005 Central
Shamsie “Strong Arms” Solomon Ortiz & Rene Rodriguez
Democrats are not behind Shamsie! There is only certain clique of Democrats who want to “Strong Arm” Shamsie back into the Nueces Constitutional County Court! This “clique” (or group of “Cronies”) I will refer to as the “Shamsie Clique” or “Shamsie Cronies”. It is my understanding, Shamsie’s support stems from the Office of Congressman Solomon Ortiz and certain other witnesses to the “Capelo Deal”. Attorney Shamsie (along with George Finley {Nueces County Hospital District}) witnessed the transaction between Attorney & State Representative Jaime Capelo and Attorney Rene Rodriguez.. Capelo represented Citgo at the time and Rodriguez was in dispute with Corpus Christi Police Officers Association! (Laredo National Bank VP) Roland Guerra had to break the bad news to Capelo and then he was thrown to the dogs! Why was Shamsie never deposed? Why not Finley (deposed)? Tony “The Two Fer” was mad at Rodriguez and Capelo! What about Hugo Berlanga grooming Capelo for the JOB? I seem to remember some kind of criminal charges filed on Hugo Berlanga and his backroom politics! Now Capelo and Berlanga are both better off! They are both successful lobbyists in Austin! Then we go to the Medical Legislation! Who was it good for? Was “The Two Fer” Pro or Con with the proposition authored by Joe Nixon? The Doctor’s Malpractice insurance increased! Who made out on this deal?
Now back to the “Shamsie Cronies” it is rumored and warnings have been issued! The media is being “Strong Armed” financially! Elite and Power Brokers (Powercrats) within the Democratic Party are frowning on the media who promote any other option for the Democratic primary and certainly to support an independent will bring the wrath of both Parties! They are in essence saying, “we are going to use our Incumbent resources to discourage (SQUEEZE) clients from working with your business’ if you (the Media) speak negatively of Shamsie! Even if it is
Tejano2K - 02:50pm Oct 11, 2005 Central (#1 of 10)
As we know;There's always two sides to every story,hope somebody will tell it because anyone can write just about anything about anybody.Sould we be rooting for 'Shamsie'?
GRusling - 08:16am Oct 22, 2005 Central (#2 of 10) If voting could really change things, it would be illegal...
This is all political doubletalk. It appears meaningless because it is...
Jaime Kenedeno - 06:17pm Oct 22, 2005 Central (#3 of 10)
GR: "This is all political doubletalk. It appears meaningless because it is..."
Explain? Verify your statement Please?
GRusling - 10:49pm Oct 23, 2005 Central (#4 of 10) If voting could really change things, it would be illegal...
Politicians are all crooks, endit.
The "pot" is calling the "kettle" BLACK again!
All concerned are up to their eyeballs in gutter-slime...
Jaime Kenedeno - 11:52pm Oct 23, 2005 Central (#5 of 10)
GR: I agree with you. Do you have any suggestions for a Candidate with integrity for Nueces County Judge. Suggestions for a nomination?
GRusling - 06:40am Oct 24, 2005 Central (#6 of 10) If voting could really change things, it would be illegal...
I don't live in Nueces County, thankfully...
Jaime Kenedeno - 07:04am Oct 24, 2005 Central (#7 of 10)
Then Theoretically speaking. Who do you beleive to be the man or woman for the JOB?
GRusling - 08:30am Oct 26, 2005 Central (#8 of 10) If voting could really change things, it would be illegal...
I have no idea. Nueces County politics are a peripheral issue for me. I rarely comment except when it's "pure" politics with little or no substance...
John DeLaGarza - 07:06pm Nov 17, 2005 Central (#9 of 10)
I dont know much about the Democrat Party locally or otherwise or the Republican Party for that matter, but I definately do not like Shamsie. IMO there is definately something Shady about him.
There has got to be a better Democrat for the job than him, either way I'll vote against him whenever he is up for reelection.
John DeLaGarza - 09:22pm Dec 8, 2005 Central (#10 of 10)
Good news Shamsie isnt going to run for reelection.

2 comments:

Jaime Kenedeño said...: Darrell Keach, 33, Nueces County Record Star, General Manager

How long in current position and how long in newspapers: I’ve been actively involved in the business since 1994. I’ve grown up in the business and I’m fourth generation, starting with my great-grandfather who owned the Floresville Chronicle Journal and later bought The Record Star in 1926. Since then my grandfather Carroll Keach was publisher and my father Sam Fore Keach is the current publisher.

Why did you get into newspapering: I didn’t seem to have much choice I guess, being fourth generation.

What is your most rewarding part of the business: Helping a new or existing business and the community we serve succeed, while at the same time making our own business succeed.

What is the worst part of running a newspaper: Failing to succeed.

What are your goals for the future: Continue to grow our circulation and reach without sacrificing quality.

--; 6:42 PM
Jaime Kenedeño said...: Sam Keach, a Robstown historian whose family has owned the Record Star newspaper there since 1925, wrote a column in August describing chatter about fast-action, high-stakes poker around the clock in the 1940s at a dance hall/watering hole named Rob's Place in Robstown.

He was not able to document Texas Hold 'Em having its beginnings there, but the column conjured a response from Gigi Starnes, 63, born in Falfurrias, now living in San Antonio. Her father was an occasional gambler who owned Clancy's Cafe in Falfurrias, a popular restaurant with area gamblers.

Starnes' response to Keach's column: "I well remember whisperings of those high stakes card games. There was a gambler called Buttermilk (because that's all he would drink while playing) who once gave me a $10 bill, which he said he'd won playing Held 'em in Rob's. I must have been around 5 or 6, and remember wondering who Rob was, now I think it must have been Robstown."

Historical raids in Corpus Christi at places such as the famed Dragon Grill verify the existence of gambling for decades. Linn Keys (Doc) Mason, of Pennsylvania, arrived in Corpus Christi around 1926. Eight years later he opened the Dragon Grill on Corpus Christi Beach, according to Nueces County Historical Commission information.

It was a plush, swanky nightclub, a classic blending of art deco, excellent food, good music, dancing and gambling that thrived for years.

An early morning blaze destroyed the building on Jan. 15, 1944, according to Caller-Times archives. Within 18 months, a new Dragon Grill was opened at the Elks Club building, built in 1928 at the corner of Water and Starr streets.

Considerable money changed hands nightly in the third-floor Jaina Room. Entrance was achieved only by way of a special elevator. Blackjack, poker, dice games, slot machines and roulette were favorite games. A system of warning lights and buzzers were used if danger threatened from below.

In August 1953, however, one industrious policeman, Raymond Lamp'l, joined with FBI agents who had been dating women known to Mason, and all posed as customers. They watched as patrons threw down their chips, and when it was Lamp'l's turn he threw down his badge.

Charges of keeping and exhibiting a gaming table were brought against Mason and one of his employees. Though the grand jury returned a no-bill, that was the end of Mason's gambling career in Corpus Christi and the end of big-time gambling at the Dragon Grill.

Contact Mike Baird at 886-3774 _or bairdm@caller.com
http://www.caller.com/ccct/local_news/article/0,1641,CCCT_811_3545047,00.html; 7:10 PM

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The Genuine Article: Nueces De La Parra

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Nueces County Jail Delayed

KENEDENO & ASSOCIATES. We at Kenedeno & Associates apologize if this Documentary Dossier' offends. We certainly encourage anyone who disputes or challenges anything written in this Article to rebut / respond. The Links contain more in ...

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HOWARD STERN APOLOGIZED TO SOUTH TEXAS Caller.co...

‘I will see all 79 of you at 1:30 p.m.’

2008-04-05T11:00:00.000-07:00

BEWARE OF JUDGE SANDRA WATTS! 117 DISTRICT COURT.

To be honest, I didn’t want to use this site for personal stuff. But I have worked with so many homeless guys and ex cons who have told me time and again how they have been really harassed by the cops and stuff. I just bought a $70.00 dollar tent for some homeless family. They were so grateful to get it. They had it set up and it was beautiful. The cops came and cut it to shreds. I felt I needed to have a section that deals with stuff like this.

I pray weekly for those in authority. I pray for those who are believers, unbelievers and those who are actively doing wrong [like the guy in Iran!]. I basically ask the Lord to strengthen righteous authority, to also rule in the hearts of those who are in authority but are unrighteous. I must admit, as I have debated posting this entry, I feel that judge Watts is actually one of the righteous ones I regularly pray for! I believe she is a believer! I sensed this as I prayed, plus she did make certain statements the day I was in her court that lead me to believe she is a believer. Before posting this entry I did email her office and told her that according to the admonition in Corinthians I am asking for her to simply acknowledge a wrongdoing that took place under her authority. She never got back with me [as of this posting].

HOW JUDGE SANDRA WATTS HAD ME ARRESTED AND HER BAILIFF LIED ABOUT ME IN COURT!

(1) I am trying to be fair about this, but I must tell this story! I went to jury duty a few days ago. About a week before I had taken custody of a boy whose mom is a friend of my wife. Someone reported her to Child Protective Services and she was going to loose her kid, so we took custody for a while. Well when I went to jury duty I asked one of the Nueces county deputies, as well as the lady doing jury duty, who I should talk to about getting out of jury duty. I told them the situation with the boy and how I had to get him at the school bus and all. I was informed, BY THE ACTUAL PEOPLE WHO WORK FOR THE COURTHOUSE, to go thru the process of being put on the jury pool and when you go upstairs to the judge you hold your jury card up and they will talk to you. So I waited for a few hours and got on a jury pool and finally went upstairs to the courtroom. The judge was Sandra Watts. It was now around 11:00 am. I got to the courthouse at 7:50 am and have been asking all along what the proper procedure was to get excused. Now I hold my juror card up, I am the only one out of the 80 jurors in my pool that did this. The court bailiff approaches and I tell him the situation about C.P.S. placing a kid in our care. He asks ‘what time do you need to get home’ I told him the bus comes around 3. He says ‘no problem, wait a little and you will get excused’. So we go thru the polling process for around 2 hours. The judge actually said ‘we now have 79 jurors [as opposed to 80, the original number]’ she said this right after the bailiff spoke with me. Well I of course assumed she meant I was the 1 out of the 80 that was released. She actually seemed perturbed that I had an excuse, but it was really legitimate. So at around 12:30- 1:00 p.m. she releases for lunch and says ‘I will see all 79 of you at 1:30p.m.’ I took this to mean I won’t be coming back! These were the directives I received thru out the day. Go upstairs, hold your card, etc. So I go home and right when the school bus is dropping off the boy the Sheriffs dept. comes with a warrant. My wife says ‘the S.O. wants you’? I was mad! They tell me judge Watts has a warrant on you. I told them I was released by her! The poor Sheriffs guy was scared. They sent a woman and a guy. He was like ‘we don’t want any problems’ I told him ‘Oh, That’s too late brother, we are gonna have problems. You come to my house with a warrant. You threaten to handcuff me. We have big problems’! I tell them ‘I will take my truck’ they said no way. I told them ‘how will I get back’ they said ‘we will take you home’. [First lie of the day!] Well at the courthouse you could tell that the Sheriffs guys must have said ‘this guys mad’ as we went upstairs the judge says to the deputies for me to wait in the hall until the trials over. So I requested a court appointed lawyer. They were telling me ‘O, don’t worry. All you need to do is go in and apologize and she might let you go’ I told them ‘you don’t understand, I think the fact that you picked me up under false pretense and have me handcuffed and brought to court is you’re liability, not mine’! After requesting a lawyer they finally bring one up. I asked at least 15 times for representation and was refused, before they finally gave me a lawyer! I know the judge must have been furious that I made them appoint me a lawyer. They wanted to play the game of ‘you cry for mercy and we let you go’. After a few hours I go in to the judge. She berates me for a few minutes and then I explain how I followed all the directives given to me thru out the day. The fact that your own courthouse employees have miss communicated the process, should under no circumstances have led to the handcuffing and restraining of a citizen and also denying him the right to counsel. I told her that she stated ‘we have 79 jurors who will come back’ seemed to say I shouldn’t come back. She admitted so much, but I don’t know how she explained this away? The bailiff actually lied in court. The poor kid [30 yrs old?] was asked ‘did you tell him this or that’ and he lied and said ‘I told him to be back at 1:30’. He did lie thru his teeth! He didn’t know we were going to be released at 12:30 for an hour break when he spoke to me at 11:00am. The defense lawyer thought we would break at 12:00, but the judge said continue and we did. This guy lied! So after all this, the judge gives me contempt of court and I have to pay a 100 dollar fine. I find it amazing that I showed up for jury duty as a citizen, wound up getting handcuffed and lied about in Sandra Watts court, berated and fined. And when it was time to leave they tell the judge ‘he was told he would get a ride home’ I don’t know her reply, but after everyone left I asked the sheriffs guys ‘where’s my ride’ they just walked away!

Today is the next day. As I was debating whether or not to go ahead and post this article, I went to pay my 100 dollar fine. Yesterday, when I was told ‘pay the fine’ I specifically asked where to pay it. I was told ‘just ask the deputies on the first floor’. I knew this was trouble. These are the same guys who lied about getting a ride home after they said ‘we will ride you home’. [They work for the same law enforcement agencies] Now, I have worked with law enforcement for 25 years. I know the games. Sure enough, as I walked in to the Nueces courthouse I asked the deputies where to pay the fine. The guy recognized me for sure, he let me know. He says ‘go to the 2nd floor and go to the corner office’ well I go to where he said. They direct me to another office. I go there and they direct me to the 3rd spot. You guessed it, I go to office 3 [all on floor 2] and they send me to floor 3. I go to floor 3 and they send me to floor 4. I told the lady at floor 4, after she was directing me to floor 5, that this is enough. What kind of court system holds it citizens to 100 percent perfection ‘you better pay the fine’ and then is specifically not told where to pay it. This is the same courthouse that had its bailiff lie to my face in court! I told the lady ‘you need to accept this bill’ she was not going to give me a receipt until I requested one. I told her I need to speak with someone about this entire situation. They give me a number and the person suggests to drop the matter. I am not sure who the person was. As he is trying to convince me to forget it, I explain I have worked with this system for many years, there has been real wrongdoing these past few days, who do I report it to? He says ‘I am not a lawyer, I really don’t know anything about it’. Then why was he the person I was directed to talk to? If this Nueces courthouse, and judge Watts court are this unbelievably incompetent, how in the world does the average citizen who doesn’t have a web site even begin to deal with it? I felt like I needed to post this entry for the sheer sake of freedom of the press. Without a doubt there have been real wrongdoings at this courthouse in these past few days.

NOTE; IT IS NO SMALL THING FOR A CITIZEN TO STAND BEFORE A JUDGE AND FOR HER OWN BAILIFF TO GIVE ABSOLUTE FALSE TESTIMONY AGAINST YOU AND FOR YOU TO BE TELLING THE TRUTH UNDER OATH AND THEN BE DEEMED AS LYING. THIS GOES TO THE HEART OF CORRUPTION. FOR THE 117TH DISTRICT COURT TO HAVE ACTED UNJUSTLY IS AN EXTREME VIOLATION OF THE RULE OF LAW!

DAY 3- As I am still waiting for resolution in this case, I wanted to mention a few more things. During this whole scenario I saw how from the point of being picked up and hauled into court, to the time when the bailiff actually gave false testimony about me. The way this situation was handled was one of complete and total disrespect for the citizen. When you are dealing with a citizen, not the actual murder defendant [this was a murder case] you do not tell him ‘you will not need a lawyer’ when he actually requests one of the court! You do not threaten him with ‘unless you lower your voice she will put you in the holding cell overnight’. My voice was raised because of the abusive treatment and contempt from those who actually followed me into my bedroom while getting changed to go to the courthouse! For a citizen to wake up one morning and go to jury duty, to try as best as possible to comply with all the directives given, which by the way one of them was ‘at no time will you personally speak to me, all correspondence will go thru my bailiff’ [judge Watts] then for me to be told by judge Watts ‘the bailiff cant release you, the law states I alone must tell you’ seems a contradiction. Plus I am an average citizen walking in off the street. I know ignorance is no excuse, but you can’t hold a citizen to a standard that he is not aware of. Or at least you try to clarify as much as possible what his requirements will be thru out the day. Any person could have interpreted the events that happened to me as thinking ‘she released me’. This wasn’t some blatant disregard for law, as judge Watts claimed as she berated me as an irresponsible citizen who if it weren’t for the graciousness of the lawyers this case could have been damaged by me. The total and complete disdain from her and her representatives was completely wrong. Now I felt the tide turn at one point. After humiliating me with a long speech, after being initially told ‘you don’t need a lawyer’ after being lied about right in the court by an officer of the court! I asked if I could speak. She says ‘go ahead’. I kinda felt like Paul [apostle] who gave his defense in Acts. I went thru the whole process of me showing up in the morning to court. Trying to honestly follow all the directives given to me thru out the day. And then wind up getting arrested, handcuffed and treated like an imbecile by the system. I informed her that her bailiff was lying right then and there. I was the only one under oath. She put me under, but not the bailiff. If he was already under then he flatly lied under oath! I then told her ‘this morning you gave quite a dissertation on the origins of natural and moral law, but in order for that law to work, the people involved must speak the truth’. You could see on her face that she was a little surprised that this citizen who they attempted to intimidate time and again actually wasn’t a complete idiot! I could tell that she began to regret the fact that they picked me as the one to ‘make an example out of’. So after emailing this letter to all the city, county council members. To the state and local representatives. To the mayor and County judge. To Senators Hutchinson and Cornyn [I do get carried away sometimes] and last but not least to the state attorney generals office! I will wait and see what happens. But in all seriousness [I did send it to them!] I feel the system often deals with its citizens thru intimidation. Did the bailiff begin his day thinking ‘today I will put my job at risk and perjure myself in court’? No. But he made the mistake of lying in court, at my expense, to think it would give him job protection. A big mistake. Did the officers who told me ‘you won’t need a lawyer’ realize that this one statement is violating the rights of a U.S. citizen? No. but the system took a simple miscommunication of events, by their own people [bailiff and others thru out the day] and raised it into an example of ‘let’s get this guy’. But they picked ‘the wrong guy’.

UPDATE- Let me do a little clinic on unjust govt. First, I am positive it took a brief investigation by the county to realize the poor bailiff lied in court. He only spoke to me once, at 11:00 am, and he in no way would have been able to say ‘return at 1:30 p.m.’ he didn’t know we were breaking for lunch at 12:30 when he spoke to me. It is obvious that he lied. Now this was the basis for arresting me and finding me in contempt of court. But I want to show you the posture that the county has taken. I worked for the city of Kingsville for 25 years. When a city does wrong [incurs liability] the usual posture is ‘don’t admit, respond or have any correspondence with the plaintiff’. So even though the county must know for a fact that they have committed an offense, they will not only deny it, but will actually not even give the common courtesy of even contacting the citizen. I have been contacted by the United States senator of Texas, but no local officials. Now you begin to see unjust govt. at work. This entity, Nueces County, had me in court and fined me for ‘contempt’. In essence ‘your are an individual of low moral turpitude’. After realizing that they were of lower moral turpitude, one of their officers lying in court and giving false testimony, instead of being ‘moral’ their posture has now become ‘lets see if this guy really has the means to sue us. After all no attorney would take a case where he doesn’t think he will get money’. So the entity that judged the citizen of ‘low morality’ has now become the entity that postures itself by saying ‘he can’t really get us’. This my friend is ‘contempt of a U.S. citizen’. Are any of you local officials who have been getting these emails going to respond to a complaint from a citizen? I have been asking you to address a concern, I have no intent of suing or doing anything along those lines. I want you guys to act righteously. [Thanks to Loyd Neal, Sheriff Kaelin and the Police Chief for contacting me. You guys are honorable!]

John Chiarello Director of Corpus Christi Outreach Ministries
P.O. box 181256 C.C. TX. 78480

www.corpuschristioutreachministries.blogspot.com
johnchiarello@hotmail.com

(2) Over the years I have seen how the legal system has humans working in it. People make mistakes. I have had friends who were jailers [when I used to preach in the county jails] who the prisoners respected. But there were many instances where a jailer was a ‘jerk’. He was one of those people who would be a bully at school. Derive enjoyment from using his authority to get on peoples nerves. How many times have I as a firefighter been upset because we got another ‘Anthrax call’. Some citizen saw sugar on a store floor, it must be Anthrax! I have a homeless friend who is an absolute outstanding Christian. He teaches Sunday school. Is an ordained deacon and is very intelligent. If you look at him he looks like a little scraggly. Full beard, does live on the streets. But to judge him by his looks would be a huge mistake. The cops often see him sitting. They tell him ‘get up and move’. He politely walks around until he’s tired. Sits again ‘get up and move’. This night the cop is an idiot! Does he have the right to do this? No. But he has the vested authority to get away with it. In the Sandra Watts case, the woman should have discerned ‘this guy really was miss communicated to thru out the day. Even though I am incensed at him for thinking he blatantly disregarded the law. Now that he has explained in a reasonable fashion what happened, I will rebuke him and not find him in contempt’. But I believe once I forced the court to provide me with a lawyer, she thought ‘he’s going to pay now’. Is it just for her to do this? No. Does she have the authority to get away with it? Yes. The legal system deals with humans. I think judge Watts is probably a good person. But once you allow your own officer of the court to perjure himself in court by giving false testimony, then you have had your judgment clouded by anger. I realize the anger that my friends have had while dealing with humans in the legal system. Some are good people, others use their authority to get even with people. To say ‘I personally dislike this person. I will rule against him, even if I have to use false testimony to do it’. Maybe Paul was right when he said ‘women should not have authority over men’? I am being sarcastic, don’t want to get all our women readers mad, just Sandra!

INSIDE INFORMATION IS MORE POWERFUL THAN MONEY MY FRIENDS

2008-03-14T20:28:00.000-07:00

Thursday, March 13, 2008

THE REAL POLITICAL PULSE: THE POWER STRUGGLE BETWEEN LENCHO VERSUS THE EDC

HOW THINGS WORK. LET'S BREAK THIS VERY COMPLEX BEAST OF THE EDC (POWER GROUP A) AND LENCHO (POWER GROUP B) AND THE STRUGGLE FOR POWER IN NUECES COUNTY FOR ALL OF US TO UNDERSTAND. UNDERSTAND THE PLAYERS AND THE POWERSTRUCTURE. WE NEED TO KNOW THE SET UP AND WHY THINGS HAPPEN HERE IN TOWN.

CONNECTIONS: EDC, HUGO BERLANGA, RUBEN BONILLA.

THE ENEMIES TO EDC: LENCHO RENDON TRYING TO UNDERMINE EDC. LENCHO AND KAELIN REAL CLOSE. WILLIE VADEN AND LENCHO RENDON RUNNING PIPELINE FROM MEXICO TO U.S.

LENCHO WHEELING AND DEALING WITH REPUBLICANS?

LENCHO THE STAUNCH DEMOCRAT! WILLIE JUST HIRED HIM IN INGLESIDE. WHAT'S GOING ON? LENCHO IS TRYING TO CONTROL THE PORT. THE PORT COMMISSION IS NEEDED FOR SHAMSIE TO REPLACE ONE OF THE PORT MEMBERS. THE EDC HAS THE MIKE CARROLL ISSUE TO CONTEND WITH. THERE ARE 7 MEMBERS: 4 CONTROLLED EDC AND 3 BY LENCHO AND SOLOMONISTAS. THEY ARE GOING AFTER MONEY, OF COURSE. LENCHO CONTROLLING COUNTY. OSCAR ORTIZ IS PRETTY MUCH COUNTY JUDGE AND SHAMSIE IS STILL PULLING STRINGS ON THE COMMISSIONERS COURT. BUT AS FAR AS THE PORT RUBEN BONILLA, JUDY HOLLY(?), MIKE CARROLL (HEAD OF FROST BANK AND MEMBER OF EDC WAS MOVED OVER TO THE PORT), AND THE ELDERLY ANGLO GENTLEMAN WHO'S NAME ESCAPES ME IS APPOINTED BY THE CITY. AN APPOINTMENT IS PENDING AT THE END OF THIS YEAR. THE CONTROVERSY IS THAT MIKE CARROLL (HENRY GARRETT APPOINTED MIKE CARROLL PRIOR TO THE ELECTION ON THE CITY COUNCIL). EDC FEARED THE BALANCE OF POWER WOULD HAVE BEEN AFFECTED. NOW, THE OTHER PEOPLE OF LENCHO, YOLANDO OLIVAREZ (SOLOMON ORTIZ HELPS HER WITH CONTRACTS), KEN BERRY, BOBBY GONZALEZ. LOOKS LIKE BOBBY GONZALEZ WILL BE REAPPOINTED. YOLANDA WILL LEAVE SO THEY ARE TRYING TO PUT SHAMSIE (HE HAS JUST PUT IN AN APPLICATION). KEEP IN MIND THAT RENE RODRIGUEZ HAS SUBMITTED AN APPLICATION.

THE OTHER ISSUE IS THAT SHAMSIE IS WANTED ON THERE BECAUSE HE IS WITH LENCHO. NOW, OSCAR ORTIZ CONTROLS PEGGY BANALES AND BETTY JEAN. ON THE OTHER SIDE OF THE COMMISSIONERS COURT YOU HAVE CAZALES AND NEIL. BUT STRANGELY CAZALES HAS BEEN VOTING WITH ORTIZ. MIKE HUMMELL ON THE CITY COUNCIL SIDE IS FRIENDLY WITH LENCHO SO THEY WILL TRY TO GET ANOTHER MEMBER ON THE PORT APPOINTED BY THE CITY COUNCIL AND THE REASON THE PEGGY BANALES RACE WAS SO IMPORTANT WAS TO GET THE PORT.

NOW, LETS LOOK AT THE CHAMBER OF COMMERCE: TERRY CARTER IS RUMORED TO HAVE HIS DAYS NUMBERED ON THERE. EDC CONTROLS PORT NOW BUT LENCHO IS PUSHING TO CONTROL THE PORT. THE MAIN ENGINE THAT CONTROLS THE ECONOMY IS THE PORT SO THAT IS WHY SHAMSIE AND LENCHO COVET IT.

HUERTA CONNECTION: HUERTA IS TIED IN WITH MIKAL WATTS. THEY SIT ON SEVERAL BOARDS THAT THE EDC CONTROLS. MIKAL WATTS IS IN THERE. WHAT REMAINS UNCLEAR IS WHETHER LENCHO HAS ALLIANCES WITH WATTS.
BONILLA CONNECTION: BY RUBEN BONILLA GETTING HALF A MILLION FROM ONE, A QUARTER OF MILLION FOR FEES OF CITY ENTITIES FOR LEGAL FEES (FED TO SHAMSIE AND RENE RODRIGUEZ BACK WHEN TERRY SHAMSIE RAN). THAT IS WHY RUBEN BONILLA AND SHAMSIE NOT ON FRIENDLY TERMS BECAUSE RUBEN WAS RAKING IT IN. WHEN SHAMSIE CAME IN AS COUNTY JUDGE HE WAS IDEALISTIC AND WAS LOOKING AT THE FUNDS AND MONEY. RUBEN BONILLA MAKING OVER A MILLION FOR REPRESENTING SEVERAL ENTITIES.
NOW EDC AND RENDON/SHAMSIE FACTION: BOTH GROUPS ARE EXCLUSIVE.
LENCHO GROUP IS SO CLOSEKNIT. THE GROUP DYNAMICS IS THAT THEY ARE NOT INCLUSIVE. THE CIRCLE IS TIGHT. WHEN HILLARY CAME IT WAS EVIDENT. THEY CONTROLLED THE MEDIA WHICH ANGERED THE MAINSTREAM. IN THE LENCHO CIRCLE MIKE RENDON AND SARAH SALDIVAR (WHO WORKED WITH SOLOMONS DAUGHTER) ARE A PART OF THE GROUP.

THE BROTHER IN LAW DAVID MARTINEZ IS IN RTA, NOW SARAH LEAVING SO JOSEPH RAMIREZ IS ENTERING RTA. WHO APPOINTS THE RTA PEOPLE? THE MAYOR OF ROBSTOWN THROUGH THE SMALL APPOINTMENTS COMMITTEE. NOW DO WE UNDERSTAND HOW THE COMMUNITY CAN GROW WITH THIS OLIGARCHY? IT IS TOO EXCLUSIVE. THEY DON'T SHARE THE WEALTH WITH ANYONE.

SHAMSIE IS TIED IN WITH ALL THESE BIG DOLLARS, CONSULTANT WITH THE CITY OF ROBSTOWN, THE SCHOOL BOARD BUDGET OF ROBSTOWN.THE SHAMSIES AND LENCHOS DO THE PATH OF PAST RESISTANCE. SHAMSIE FIRST LATCHED ON TO FIL VELA, THEN RENE RODRIGUEZ, NOW LENCHO. SHAMSIE TRIED TO BE VERY ACCOMMODATING WITH EDC BUT THEY REJECTED HIM SO THAT IS WHY HE STARTED AWARDING THINGS TO DOS LOGISTICS AND OMEGA TO CURRY FAVOR WITH LENCHO AND NOW IS TRYING TO HELP MORE OF LENCHOS COMPANIES WHICH IS THE NEW ONE LR GLOBAL AND ASSOCIATES. REMEMBER THAT LENCHO YOU NEVER SEE HIM MUCH IN PUBLIC.

RECENTLY HE HAD A SEMINAR CALLED OCEAN SECURITY CONFERNCE WITH 34 COUNTRIES AND BROUGHT IN MILITARY PEOPLE AND THERE ARE DOLLARS BEING PUT OUT BY THE GOVERNMENT. SOLOMON SITS ON COMMITTEE TO AWARD MONIES THROUGH CONTRACTS. BY BEING RETIRED MANY OF THESE GENERAL AVOID BEING CONFLICTED. THE GENERALS USE THEIR INFLUENCE TO INFLUENCE THE PRESENT MILITARY PEOPLE WHO REPLACES THEM AND LENCHO FINDS A WAY TO PAY THE RETIRED GENERALS AS CONSULTANTS. HE MADE IT LOOK LIKE HE BROKE UP WIHT SOLOMON IN 2006 BUT IT WAS TRULY TO AVOID THE CONFLICT. THAT IS WHY HE IS USING HIS NEPHEW JOSEPH...TO AVOID CONFLICTS. SHAMSIE: AS COUNTY JUDGE HE WAS IDEALISTIC AND THEN BECAME REALISTIC AFTER THE EDC REJECTION. HE SAID, PATH OF LEAST RESISTANCE BUT HE WENT WITH LENCHO. HE IS LIKE A WILLOW. HE HAS THAT CLASSIC BEHAVIOR AND GIVE IN AND DIVIDE AND CONQUER INSTEAD OF CREATE. THAT IS WHY HE JOINED WITH LENCHO IN ORDER TO BE WITH SOMEONE STRONG. HE ACTS LIKE A DEMOCRAT BUT PRACTICALLY BEGGED TO BE WITH EDC AND THE WHITES BUT AGAIN, THEY SPURNED HIM. DOS LOGISTICS MADE MILLIONS. THEY BOUGHT SHAMSIE A HOUSE. HMMM. THINK ABOUT IT. DID HE ACCEPT GIFTS LIKE THIS WHILE IN OFFICE? NOW YOU ARE SEEING THE PAYBACK THEY OWE SHAMSIE.

LR GLOBAL OPERATES LIKE PART MARKETING PART BUSINESS (CONSTRUCTION, PUBLIC RELATIONS ETC). PARTICULARLY FOR MILITARY CONTRACTS. THEY ARE BRINGING IN SHAMSIE AS A CONSULTANT. THEY ARE CLEVER. SHAMSIE IS BEING PAID BY ENTITIES. THINK OF SOLOMON ORTIZ WHEN HE WAS YOUNG, GETS OUT OF ARMY, RUNS FOR CONTSTABLE, COMMISSIONER, SHERIFF, AND EVERY SINGLE PUBLIC POST IS ALWAYS PAYING MONEY. THEY NEVER HAVE SERVED ON SCHOOL BOARDS, CITY COUNCIL. THEIR WHOLE MENTALITY IS TO PIMP OFF SYSTEM. SAME WITH LENCHO. HE DOESNT HAVE TO PAY SHAMSIE, THE CITY AND SCHOOL BOARD OF ROBSTOWN FUNNELS MONEY. ROD RAMON AND ABEL HERRERO ARE A PART OF THE CLICK. NOW GRANTED, WE ARE ALL TRYING TO MAKE MONEY AND FEED OUR FAMILIES BUT THIS IS PIMPING OFF THE SYSTEM. THIS IS POLITICS.REMEMBER BORCHARD? HE APPOINTED TO THE PORT THE SAME BANKER WHO HIRED HIM. THE PEOPLE AT THE PORT NOW BUY THE INSURANCE IS BOUGHT WHICH BILL DODGE WAS ASSOCIATED WITH (BILL DODGE BANKER AT ROBSTOWN. SAME INSURANCE COMPANY IS BEING SUPPORTED BY LOBBYING EFFORTS OF HUGO BERLANGA AND RUBEN BONILLAS IS THE LAWYER! WHAT A RACKET!CONSULTANTS EVERYWHERE.
NOW EDC: PRIMARILY ANGLOS BUT CURIOUSLY MORE PLURALISTIC. THEY SHARE MORE OF THE WEALTH. THEY ARE MORE SOPHISTICATED AND NOT SO HEAVY HANDED AND PROJECT HIGHER STANDARDS. AL JONES, MIKE CARROLL, JOE FULTON, BERRY CONSTRUCTION AND ANYTHING YOU CAN THINK OF, BUT WHAT HAPPENS ITS A SMALL MILITARY INDUSTRIAL COMPLEX. ALTHOUGH NOT SO TIGHTKNIT AS LENCHOS THEY ARE STILL SOMEWHAT EXCLUSIVE.THE EDC'S FORMULA IS SIMPLE. ITS A SHADOW GOVERNMENT. ROOTS GO BACK TO HAYDEN HEAD. HAYDEN HEAD WAS AN ATTORNEY. NEVER RAN FOR OFFICE. HE WAS INVOLVED WITH THE PORT. HE MADE SURE THAT CITY COUNCILMAN WERE BUSINESSMAN. WHEN THINGS WANTED TO BE DONE, HE WOULD GET PEOPLE WHO WANTED A CONTRACT, AND THE MEETINGS (LIKE THE MARKETING PLAN FORWARD CORPUS CHRISTI) AND WOULD SAY THE CONTRACTORS WOULD PAY FOR THE MARKETING, LOOK FOR CERTIFICATES OF OBLIGATION FROM THE PUBLIC (HAYDEN HEAD STARTED AMERICAN BANK IN THE 1970'S WHICH AL JONES IS THE HEAD OF NOW). A THREE PART OPERATION BEGINS: YOUR BUILDERS(THEY PROVIDE THE FINANCING FOR THE MARKETING TO SELL THE PROJECT), THE POLITICIANS LIKE MAYOR (LOOK WHO CONTRIBUTES MONEY TO THE POLITICIANS DAVID ENGOLS TO JUAN GARCIA EXAMPLE) AND THEN THE BANKS FUNDS IT (AL JONES IS THE MODERN DAY HAYDEN HEAD, FINANCED PACKERY, AMERICAN BANK CENTER, WHATABURGER FIELD).POLITICAINS SELL IT, BUILDERS MARKET IT, BANKS FINANCE IT. ON THE FOOD CHAIN POLITICIANS ARE THE LOWEST. HERE YOU HAVE THE EDC (NONPROFIT) WHICH IS A DEFACTO POLITICAL MACHINE. THEY CAN'T BE AUDITED BY THE CITY!!! THE CITY CAN'T LOOK AT THEIR BOOKS. ANOTHER THING, THE CITY GIVES THEM AUTHORITY FOR THE EDC TO DECIDE WHERE ECONOMIC GROWTH IS BEST, WHERE LAND VALUE SHOULD BE RAISED. THESE GUYS ON EDC KNOW WHERE LAND WILL RAISE VALUE, THEN THEY GO BUY THE LAND! THIS IS INSIDER TRADING. OVERNIGHT A PIECE OF CRAP LAND BECOMES GOLD. (INSIDE INFORMATION IS MORE POWERFUL THAN MONEY MY FRIENDS). THE EDC IS A POLTICAL MACHINE. WHO GETS THE CONTRACTS? 90 PERCENT OF PROJECTS, WHATABURGER FIELD AND AMERICAN BANK CENTER: JOE FULTON! MIKE CARROLL, ED MARTIN (HEAD OF BERRY CONSTRUCTION) CHANGE LEADERSHIP ROLES (DON'T CONFUSE KEN BERRY THE SOLOMONISTA WITH THE MAIN FAMILY).
CITY AND COUNTY CONSTRUCTION PROJECT DIFFERENCES. JOE FULTON WAS LATE ON PROJECT HE UNDERBID EVERYONE ON. HE SAYS "I CAN'T DO IT WITH WHAT I BID, NEED MORE MONEY(THIS IS KNOWN AS COST OVERRUN). AMERICAN BANK CENTER, WHATABURGER FIELD. HE HAS SELDOM IF EVER COMPLETED A PROJECT ON TIME AND HAS DONE COST OVERRUN BIG TOWN. THE SHADOW GOVERNMENT THEY ARE ON, THE EDC ALLOW THESE COST OVERRUNS AND THE CITY HAS NOTHING TO SAY ABOUT.CORPORATE SPONSORSHIP: APPOINT PEOPLE ON EDC BECAUSE THE CITY AND COUNTY CAN ONLY APPOINT SO MANY.LET'S LOOK AT NUMBERS. LESS THAN 1 PERCENT JOB GROWTH (WORKSOURCE) THEY GET INSIDE INFORMATION AND EVERYONE MAKES MONEY AND THE COMMUNITY RARELY BENEFITS. IF YOU DESTROY THE EDC, THEY WILL JUST BUILD ANOTHER ORGANIZATION. LOOK AT THE AMERICAN BANK CENTER BOARD AND YOU WILL SEE MANY BIG PLAYER. THE HEAD OF CCISD IS THERE. WHERE DID HE WORK? AMERICAN BANK. WHO HAS MARKETING CONTRACT: CAROL SCOTT (WIFE OF MARK SCOTT). JOHN LONGORIA: HE SITS ON ADVISORY BOARD, NELDA MARTINEZ ON CITY COUNCIL SHE SITS ON ADVISORY BOARD OF AMERICAN BANK TOO.
SAME THAT SHAMSIE AND LENCHO DO THE EDC DOES. THEY GO AFTER ENTITIES OF GOVERNMENT AND GO AFTER PUBLIC DOLLARS (WE ARE CREATING JOBS SAYS JOE FULTON IF YOU BUILD WHATABURGER WITH CERTIFICATES OF OBLIGATION? YOU CREATE NOTHING.

YOU ARE PASSING ON A BILL TO FUTURE GENERATIONS. THIS IS WHAT LENCHO/SHAMSIE ARE DOING AND EDC IS DOING. LESS THAN 1 PERCENT JOB GROWTH. ALL THE TAXPAYERS MONEY WENT TO THESE PEOPLE THIS IS THE IGNORANCE OF THE TAXPAYERS OF NUECES COUNTY.
PACKERY CHANNEL: THE CITY OF CORPUS CHRISTI BORROWED 9 MILLION. HOW MUCH INTEREST DID AMERICAN BANK CHARGE IN INTEREST? 99 PERCENT INTEREST AND YOU AND I ARE PAYING FOR IT. USURY, NO LESS. IT WAS ON LOYD NEILS WATCH.
CONCLUSION: THE FLOODGATES OF OPPORTUNITY. THESE GROUPS MONOPOLIZE POWER AND HOPE. THESE PEOPLE CREATE NOTHING AND PROFIT AMONG THEMSELVES.PEOPLE OF CORPUS CHRISTI, CHECK IT OUT. DO THE RESEARCH. YOU DON'T NEED A COLLEGE DEGREE TO COMPREHEND THESE THINGS. I CARE ABOUT MY COMMUNITY AND THESE GROUPS UNDERESTIMATE THE PEOPLE IN THIS COMMUNITY AND THEY THINK WE WOULD NEVER FIGURE IT OUT. BUT WE ARE FIGURING IT OUT.

MORE TO COME. COMMENTS PLEASE.

Posted by HOMERO VILLARREAL

Nueces Democrats: Robert Zamora:A Man of Strength & Stability ; Winning Back The Nueces County Democratic Party For All South Texas Democrats

2008-01-01T03:25:00.000-08:00

Nueces Democrats: Robert Zamora:A Man of Strength & Stability ; Winning Back The Nueces County Democratic Party For All South Texas Democrats

Zamora Announces for Party Chair

Updated: Jan 1, 2008 12:31 AM

A local attorney has announced he is running for chairman of the Nueces County Democratic Party.

There has been talk that several people might run. On Monday, attorney Robert Zamora officially announced that he has filed for the position, which is now held by Alex Garcia Jr.

"I have not only experience as a lawyer operating my own business for close to 30 years," Zamora said. "What I would like to do is lend the energy and the experience that I have to the operation of the Democratic Party here in Nueces County.

The race will be decided in the state presidential primary in March.

EL Defenzor.net: Nueces Democrats: We dont know that Joe Benavides will make a better Commissioner than the incumbent

2007-12-30T23:29:00.000-08:00

EL Defenzor.net: Nueces Democrats: We dont know that Joe Benavides will make a better Commissioner than the incumbent

Sunday, December 30, 2007

JOE BENAVIDES

Joe Benavides a Retired Marine and Teacher Fighting for Our Children

Many in our community know Joe Benavides as not only a retired Marine and combat veteran, but a nonstop community volunteer. For the past several years Benavides has worked tirelessly helping our elderly by coordinating children (many of them court-ordered) to cut lawns, remove debris and help the elderly by taking away some of the burdens they face.

Now Benavides, is helping children by intervening through becoming a teacher. Benavides has done a remarkable job at the Adult Learning Center by helping children obtain their education. He has also worked with many community leaders and business owners such as Pete’s Chicken and More, Flint Hills, Valero, Greenwood Doors and many, many other leaders to provide support in saving our children. The drop out rate has nearly doubled over the last two decades in Texas. Many programs that were previously there to aid our children have been underfunded and the educational system is in crisis. Private citizens like Benavides have risen to the challenge and not only gotten children and parents involved in striving to complete their high school degree, but also to have the potential and financial wherewithal to attend college.

Education is Our Freedom is a well-recognized program spearheaded by Judge Joe A. Gonzalez and Joe Benavides. The program has aided over a hundred children who many in our community had given up on obtain not only their high school education but also attend college. The program has been such a success that funding and success rates have doubled each year since it inception. “We must help our children and pay for programs upfront. Whether you or a conservative or a liberal it is important to pay for preventative programs such as Education is Our Freedom in order to create a workforce that not only has education as a goal but that prepares today’s youth for the workforce tomorrow” said Benavides.

We at the Defenzor wish to commend Mr. Benavides for the efforts he has made over several years and also his sacrifices for his country. His eldest son has followed in his father’s footsteps and has answered the call to duty and is a two year Marine Corps veteran and is soon to be deployed to Iraq. Joe Benavides is a man that has never stopped sacrificing and never stopped serving our country. In this New Year we extend our warmest wishes to Joe Benavides and the efforts he is making with at-risk teens. IF ANYONE IN THE COMMUNITY WISHES TO HELP OUR YOUTH IN THESE PROGRAMS CONTACT JOE BENAVIDES AT 361-633-9308.

Posted by HOMERO VILLARREAL

Nueces Democrats: We dont know that Joe Benavides will make a better Commissioner than the incumbent

With this precinct I have not a vote however, the County Commissioners are engaged towards progress for our community as a whole.

Dannoynted1:

"Our Large Family attended the "Annual Feast of Sharing" event held at the Bayfront Plaza.

Joe Benavides was one of our servers (i believe he was a soft drink server), and Mrs.Banales also was there with her husband.

I will not talk about the burnt tamale(only I got) but lets just say the mashed potatoes were the best my man says the rolls were the best.

Considering it is election time, I am surprised most politicians were absent. But with the way they rushed you out after you ate, You certainly did not have any time to "network".

The candidates that did attend, I apologize for not mentioning you as I was there only a small window of time..."

It was so different from the last time I went, which with regret, was not last year.

I must say the food was better at the events that cost money."

JK:

We dont know that Joe Benavides will make a better Commissioner than the incumbent but I do know Joe was working and he volunteered out of his commitment to the community. Joe has over the years volunteered and donated his services diligently. One might argue he is only volunteering his time and services because he wants to "get elected".

I dont believe this is the case. I have known Joe for a little over two years and I know his father. In the past, Joe Benavides has run a couple of times for office but, he volunteers regardless of whether he is running or not.

Will Joe Benavides continue to volunteer if he wins?

We can only know after we vote for him.

We do know his incumbent opponent was not volunteering at the Feast of Sharing.

We do know Joe Benavides' incumbent opponent was parading around with her hubby in tow. Was she making a statement? The message IMO was she is not worried about her challenger, she does not take him serious and she is not going to change her routine ways for her constituents. We do not know how she represents her constituency but we do know she is not going to change it.

All we can do is allow Joe Benavides to tell us how is going to represent his constituents.

We can ask him questions and hear his answers.

With Joe Benavides' incumbent opponent we dont have to ask her anything because we have her record to refer to.

The only thing I remember is that, "She could work harder" if she gave herself a pay raise.

I also know she was walking around when she should have been working.

As far as the Family name and integrity, we might should ask the ME about the trangressions.

Ask her about the real reason she decided to run.

Nueces Democrats: We dont know that Joe Benavides will make a better Commissioner than the incumbent

2007-12-28T02:58:00.000-08:00

Nueces Democrats: We dont know that Joe Benavides will make a better Commissioner than the incumbent

With this precinct I have not a vote however, the County Commissioners are engaged towards progress for our community as a whole.

Dannoynted1:

"Our Large Family attended the "Annual Feast of Sharing" event held at the Bayfront Plaza.

Joe Benavides was one of our servers (i believe he was a soft drink server), and Mrs.Banales also was there with her husband.

I will not talk about the burnt tamale(only I got) but lets just say the mashed potatoes were the best my man says the rolls were the best.

Considering it is election time, I am surprised most politicians were absent. But with the way they rushed you out after you ate, You certainly did not have any time to "network".

The candidates that did attend, I apologize for not mentioning you as I was there only a small window of time..."

It was so different from the last time I went, which with regret, was not last year.

I must say the food was better at the events that cost money."

Parkdale Bank: Ray Mc Murrey Is From Here, He Still Believes Like It Says In The Intro, "I'll be a straight-shooter & a square-dealer "& He Does "Reme

2007-12-28T01:14:00.000-08:00

Parkdale Bank: Ray Mc Murrey Is From Here, He Still Believes Like It Says In The Intro, "I'll be a straight-shooter & a square-dealer "& He Does "Remember The Alamo"

"I'll be as hardy of mind as I am of body. I'll be a straight-shooter and a square-dealer. My family name will be sacred My word will be as good as any contract. I'll remember the Alamo. I'll stick by my friends. And I'll eat more chicken-fried steak."

"We do not win by replacing a corporate Republican with a corporate Democrat," said Mr. McMurrey, speaking to about a dozen supporters at an East Austin residence.

Ray told me this before he spoke at his Official Announcement to run against the Corporate Democratic Military Industrial Complex Candidate for Texas US Senator.

A very passionate candidate who is anything other than a fake or what some like to call a politician.

Ray is not a Politician and this is a very very positive attribute.

Dont get me wrong he is very well suited for the Senate and the diplomacy is there but there is a sternness that demands his respect kind of like the respect and command he possesses in the classroom. I think we can all agree, if he can handle our youth in the classroom he will do well for us in Washington.

Two more things

Remember the Alamo

and

Stay tuned for Jan 2 next year.

"We do not win by replacing a corporate Republican with a corporate Democrat," said Mr. McMurrey, speaking to about a dozen supporters at an East Austin residence.

Ray Mc Murrey is from Corpus Christi.

He tells us upfront of his progressive leanings and his disappointment in both of the Hegemonic Parties.

Hegemony,.... Watch the Movie "Hot Fuzz".

“Vela is doing what he needs to do to get his candidates in to win.

2007-12-21T08:18:00.000-08:00

FIL VELA: THE PRODIGAL SON RETURNS: REPRINTED FROM EL DEFENZOR

Sunday, December 16, 2007

THE PRODIGAL SON
THE PRODIGAL SON RETURNS???

FILEMON B. VELA, JR.Backed by a prestigious background in politics and son of the late and great Federal Judge Filemon B.Vela, Sr., “Fil” Vela has risen to power on his own over the last decade and half. Many consider him a political genius while others, such as members of the Trial Lawyers “Club” in town view him as a dangerous threat to their survival. Now that he is controlling his vast power and law firm which has merged with the former power Lyons and Rhodes of Houston and San Antonio, many of the old guard which are the white and powerful “Yacht Club” trial lawyers have run for cover.

Many believe that this Ivy league trained (Georgetown and U.T. Law) bilingual son of a federal judge although very modest and low-key, is one of the greatest political strategists and true politicos that South Texas has ever seen. His blue eyes and light features coupled with his modest dress and low-key manner lull many into believing that this man of modest appearance is of no serious consequence, but those in the political know realize that “Fil” has connections from Brownsville, Texas to Washington D.C. that run deep for decades and woe to those who challenge him politically.

Vela’s movement in the shadows and chess-like and political warlike mentality led many to follow him, especially when he was the Democratic leader along with Kingmaker and attorney Rene Rodriguez in the 90’s and early 2000’s in Nueces County. After 2003, some believed that his “leaving” Corpus Christi was a sign of weakness, but now many are learning the hard way since the 2006 cycle that this thought was dead wrong; rather, Vela according to the Southside Defender sources was creating a vast web of contacts on the Democratic and Republican side to form a steel mesh that would ensure that his chosen candidates would achieve victory whether they be Republicans in Corpus Christi or Democrats in San Antonio.Many Democrats in South Texas were bitterly disappointed when his wife Rose Vela ran as a Republican and announced the same in January of 2006 but now others believe that Vela is supporting candidates on both sides of aisle including Democrats in San Antonio, however, over the last year their has been no complaints over her rulings now in a higher court or when she was on the bench for a decade in the 148th District Court as a Democrat. One politico commented, “Vela is doing what he needs to do to get his candidates in to win. Who really cares if a judge is Democrat or Republican if they are going to be fair and middle of the road? Look at Tom Greenwell…he is the only Republican Judge in Nueces County on the district level and has the overwhelming support of the public and of lawyers and what horrible fate has occurred to the voters of South Texas with him being in the last 6 years? Nothing! Is Vela hypocritical? Aren’t Democratic politicos who have their hand out and wear three layers of different candidates t-shirts over each other on election day and display the t-shirt from the candidate that is paying them the most the real hypocrites?”Many have rumored that Vela caused great rifts and crossover in the Democrat party by his landslide victory of his wife Rose Vela in the Court of Appeals races. Most thought that there would be no way that Rose would win so handedly in a several county race including Hidalgo, Nueces and Cameron but she did. Not only did she do that but her victory helped “pull” votes for other candidates such as Sheriff Kaelin (who is a force of nature himself) and County Judge Lloyd Neil. Still others believe that the leadership void that was left by Fil was taken over by the white patrones like “Compadre Watts” who presently has his own troubles after resigning from his “Exploratory Committee” for U.S. Senate. Family reasons were claimed as the reason for the resignation but many firmly believe it was the scandals with Thomas J. Henry as the accuser and Mauricio Celis being the accused over the last several weeks.What is happening in Nueces County and other areas for the paradox of more democrats crossing over while the rest of the nation has Republican fatigue? In a nation that grows tired of the Iraq war and repeated Republican scandals, South Texas seems behind the times by a decade and playing catch up on the Republican side. OR is it more likely that Republicans realize that the values and virtues they extol, of conservatism, family and hands off business are parallel with born citizen Mexican Americans and new immigrants? Definitely when Karl Rove was the key note speaker at the Bay Area Citizens against Lawsuit Abuse (BACALA) event on November 27, 2007 there was a diverse demographic representation of 50% Anglo and 50% Hispanic with a few African Americans and Asians in the crowd. Approximately 2000 people attended. One noted politico made the comment that, “these people in BACALA are steamrolling…the Celis and Watts issues are boiling over…we can’t even get the Caller Times to publish the issues and show the problems some lawyers are causing and political scandals occurring in Corpus and the San Antonio Express News’ John McCormick is educating us about our own backyard through the paper and on the web site www.mysa.com”. Many feel the frustration that this politico who wished to remain anonymous has.Even the local politicos and media personalities have had vigorous debates about the phenomena over taquitos and coffee. Many hope that the Democrats can maintain their seats and contend that South Texas has always been a stronghold for Democrats and does not fall in line with many of the ultraconservative agendas that individuals like Karl Rove pushed for over the last several years. Others who decided to vote split ticket or follow the “Velacrats” led by Rose and Fil Vela and turn Republican are of the contention that Fil Vela has made it “easier” for many Hispanics who relate to conservative values to crossover and the continuous tumult in the Democratic party itself leads to the ability for the Republicans to make inroads with Hispanics. One politico stated: “You look at the numbers and South Texas is almost doing a “180” of what the rest of the country is doing…slowly but surely Republicans have been gaining traction in South Texas and it is likely that Texas will stay Republican controlled at least for the near future.”It is uncertain whether or not one man like Filemon B. Vela, Jr. can be seen as the person changing politics in South Texas but it is for certain that he started an avalanche that you cannot reverse. Whether he is seen as a political mastermind or the “Darth Vader” of politics is an opinion that is split among many. Hundreds of Democrats are still loyal to him and showed it in the 2006 election voted for Rose Vela his wife who won handedly. To complicate matters more, many Hispanics no longer identify with the Democratic Party which has proven to be a party of many camps fighting against each other and occasionally but not often uniting together. Democrats are under crisis and many are drawing opponents including an unconfirmed rumor, all three of the State Representatives, Ortiz, Herrero and Garcia. Mr. Herrero may even be facing an independent from Robstown to complicate matters although again such information is unconfirmed. Many democrats who admire Fil only wish that he was not Republican which begs the question: Would many Hispanics crossover and join Fil on the other side?Time will tell if the movement that spread across America will finally trickle down to South Texas and cause many to switch far right in the political spectrum paradoxically as the nation may very well shift center or left. Republican Nueces County Chair Bertuzzi hopes this to be the case due to the recent scandals brought out by trial lawyers and the suspect campaign contributions associated with the scandals which may further cripple and weaken the democratic party which relied on heavy money from individuals such as Mauricio Celis and Mikal Watts who for years were the “Patrones”. Other factors such as the uncovering of possible voter fraud in Robstown by local “politiceras” in 2006 and the other individuals who many feel have “their hand out” in the Democratic party to create and entrepreneurship out of politics may have turned many average Democrats off. It is rumored that the Republicans desire to have a candidate against every seated Democratic official in South Texas. These factors combined may further cripple the already fragile Democratic controlled Coastal Bend and Rio Grande Valley.Perhaps the bleeding of Red (Republican) and Blue (Democrats) colors into one may be beneficial to all of us. Many believe that you cannot sustain Democratic controlled counties in South Texas with the latest series of scandals involving lawyers and Karl Rove reading the now infamous letter by Mikal Watts stating that he has great influence over judges in South Texas to the applause of many at the BACALA event. Many believe you cannot sustain an attack from within and from without. A group is truly only conquered when they themselves turn from their beliefs from within which may be happening here with the Democratic party. Only a strong and unified front may save the control in South Texas by the Democratic party from the party of Lincoln. But can the Democrats truly be saved if young and powerful men like Vela are blazing a path that is uncertain as to whether their choice is Republican or Democratic one?MORE TO COME IN OUR NEXT ISSUE AS THE POLITICAL SEASON IN SOUTH TEXAS HEATS UP.HOMERO VILLARREAL

3 comments:

Jaime Kenedeño said...: Hey Homer, Nice to see your work back on the web. Whenever you need anything, we are here. Well anything we can provide. Now to the business at hand.

Why is the Velacrat here in our City?

Fil Junior only seeks a Federal Bench for Rose

Velacrat is making friends with the Federal Entrapment gang and sycophants up to the ones he believes will elevate his Rose to a Federal Judicial Bench.; December 20, 2007 11:16 PM
Jaime Kenedeño said...: I am going to digest the rest of the articles and will respond.; December 20, 2007 11:18 PM
HOMERO VILLARREAL said...: provide defenzor.net

Corpus Christi Watchdog Authority: Guy Watts filed for divorce on last Friday 12/07/2007

2007-12-15T00:19:00.000-08:00

The Caller Times continues to censor and manipulate public input while using the same censored material in their own articles and claiming it as their own work product. Below, the most recent material submitted to be included in the public comments for public viewing. On a positive note, we take it as a compliment.

Corpus Christi Watchdog Authority: Guy Watts filed for divorce on last Friday 12/07/2007

B.A.C.A.L.A.: Velacrat is making friends with the Federal Entrapment gang and sycophants up to the ones he believes will elevate his Rose

2007-12-09T03:56:00.000-08:00

B.A.C.A.L.A.: Abel Herrero has proven himself and his record is there for all to see; he is a fine representative

Abel Herrero has proven himself and his record is there for all to see. I am proud of Abel, he is a fine representative.

There is a natural law I always like to follow, "If it isnt broke , then it don't need fixin".

On the other hand,

Velacrat is making friends with the Federal Entrapment gang and sycophants up to the ones he believes will elevate his Rose to a Federal Judicial Bench.

Is Fil Vela going into the fraud abuse prosecution racket & the manufacturing of fraud abuse prosecutions?

Inroads (for GOP) into South Texas?

Hurt? Injured? Need a Lawyer? Too Bad!

TLR?? ..................................three little bitty letters;

nah, I wouldnt worry bout em.

South Texas Judicial Watch Dog Authority: A Bill for the Creation of a Robstown Nueces County Constitutional Judge?

2007-11-15T00:17:00.000-08:00

Now, Dick Cheney can shoot who he pleases and whenever he chooses to; after all was not Bo Hubert (John John's Consanguinity) one of the ones who covered the incident up for the inebriated Dick ?

South Texas Judicial Watch Dog Authority: I submit the legislation to be illegal, unconstitutional and in violation of election codes, government codes and a circumvention of trickery to spite the failed legislation that attempted (and failed) to create a new Judicial district in Kleberg & Kenedy Counties.

Sen Bill 1951 of the 80th Leg: 1 District Court with 2 District Attorneys no where else but the 105
Posted on November 14, 2007 at 11:52:34 PM by Jaime Kenedeno

Isn't that like having 2 Attorney Generals for the same state.

Can a County elect 2 County Attorneys

Can a County have 2 County Attorneys for the same county.

ADA's & ACA's are not elected nor are they appointed to serve by the Governor.

I submit the legislation to be illegal, unconstitutional and in violation of election codes, government codes and a circumvention of trickery to spite the failed legislation that attempted to create a new district in Kleberg & Kenedy Counties.

The legislation that created the New District Attorney Position in Kleberg & Kenedy County must be challenged.

There is only one district.

There can only exist 1 District Attorney per District.

"Anything else, would be uncivilized"

Senate Bill 1951 of the 80th Legislature

Political Bigomy After All Karl Rove is From Utah
Posted on November 15, 2007 at 00:41:33 AM by Jaime Kenedeno

Is it not illegal for two to be espoused to one?

Think we can legislate another Congressional Rep for the 27th Cong Dist to help Solomon with the "backlog" of legislation in the applicable counties.

The precedent has been created get busy and start exploiting it.

A Robstown Nueces County Constitutional Judge?

Create a County Constitutional Judge's office for both Robstown & Calallen/Annavile, and get Gov. Rick Perry to give the nod to Patti or Randolph Boothe or Sam Keech as first County Constitutional Judge of Robstown & Calallen/Annaville.

Political Bigomy After All Karl Rove is From Utah
Posted on November 15, 2007 at 00:41:33 AM by Jaime Kenedeno

Is it not illegal for two to be espoused to one?

Think we can legislate another Congressional Rep for the 27th Cong Dist to help Solomon with the "backlog" of legislation in the applicable counties.

The precedent has been created get busy and start exploiting it.

A Robstown Nueces County Constitutional Judge?

Create a County Constitutional Judge's office for both Robstown & Calallen/Annavile, and get Gov. Rick Perry to give the nod to Patti or Randolph Boothe or Sam Keech as first County Constitutional Judge of Robstown & Calallen/Annaville.

Potential Juror 26........
Posted on November 15, 2007 at 00:59:29 AM by d1

was told "Just trying to stay out of trouble"....LIAR...because If you were "you lied"!

Go back to Iraq where they need your kind of prosecution......I forgot your Farsi/Arabic sucks.

"Your Honor, I'm gonna have to spend the rest of the summer in the library"

More like the rest of your life......Your hate is well documented as you can READ English, do you understand/comprehend English?

TLR/Totally Live Recognition........Now, Dick Cheney can shoot who he pleases and whenever he choices to.

With you in his pocket....no need to utilize Jaime Powell.

WATT is the Number of the Judicial District for this so called District Attorney
Posted on November 15, 2007 at 01:21:39 AM by Jaime Kenedeno

Sec. 43.182. DISTRICT ATTORNEY FOR KLEBERG AND KENEDY
COUNTIES. (a) The voters of Kleberg and Kenedy Counties elect a
district attorney. The district attorney has the same powers and
duties as other district attorneys and serves the district courts
of Kleberg and Kenedy Counties.
(b) The district attorney shall attend each term and session
of the district courts of Kleberg and Kenedy Counties and shall
represent the state in criminal cases pending in those courts. The
district attorney has control of any case heard on petition of writ
of habeas corpus before any district or inferior court in the
district.
(c) The commissioners courts of the counties comprising the
district may supplement the state salary of the district attorney.
The amount of the supplement may not exceed $12,000 a year. The
supplemental salary must be paid proportionately by the
commissioners court of each county according to the population of
the county. The supplemental salary may be paid from the officers'
salary fund of a county. If that fund is inadequate, the
commissioners court may transfer the necessary funds from the
general fund of the county.

The Legislation Failed but if you notice the language is the same
Posted on November 15, 2007 at 01:26:39 AM by Jaime Kenedeno

Sec.i24.567.ii423RD JUDICIAL DISTRICT (KENEDY AND KLEBERG COUNTIES). (a) The 423rd Judicial District is composed of Kenedy and Kleberg Counties.

(b)iiThe 423rd District Court shall give preference to criminal cases.

(c)iiIn addition to other jurisdiction provided by law, the 423rd District Court has concurrent jurisdiction with the county courts in Kenedy and Kleberg Counties and the statutory county court in Kleberg County over all matters of civil and criminal

3832 79th Legislature — Regular Session 79th Day

jurisdiction, original and appellate, in cases over which a county court has jurisdiction under the constitution and laws of this state. Matters and proceedings in the concurrent jurisdiction of the 423rd District Court and the county court or county court at law may be filed in either court and all cases of concurrent jurisdiction may be transferred between the 423rd District Court, the county court, and the county court at law. However, a case may not be transferred from one court to another without the consent of the judge of the court to which it is transferred, and a case may not be transferred unless it is within the jurisdiction of the court to which it is transferred.

(b)iiSection 24.207, Government Code, is amended to read as follows:

Sec.i24.207.ii105TH JUDICIAL DISTRICT ([KENEDY, KLEBERG, AND] NUECES COUNTY [COUNTIES]). (a) The 105th Judicial District is composed of [Kenedy, Kleberg, and] Nueces County [counties]. The court shall give preference to criminal cases.

(b)iiThe terms of the 105th District Court begin[:

[(1)iiin Kenedy County on the first Mondays in June and December;

[(2)iiin Kleberg County on the first Mondays in April and October; and

[(3)iiin Nueces County] on the first Mondays in February and August.

(c)iiThe judge, with the approval of the commissioners court, may appoint an official interpreter of the court [in Nueces County] who serves at the will of the judge. The official interpreter shall take both the constitutional oath of office and an oath that he will faithfully interpret all testimony in the district court as official interpreter. The oath is sufficient for his service as official interpreter in all cases in the court [in Nueces County] during the interpreter's term of office. The judge may also assign the official interpreter to assist the court's probation officer in the discharge of the probation officer's duties.

(c)iiThe heading to Section 43.148, Government Code, is amended to read as follows:

Sec.i43.148.iiKENEDY, KLEBERG, AND NUECES COUNTIES [105TH JUDICIAL DISTRICT].

(d)iiSubsections (a) and (c), Section 43.148, Government Code, are amended to read as follows:

(a)iiThe voters of Kenedy, Kleberg, and Nueces counties [the 105th Judicial District] elect a district attorney. The district attorney has the same powers and duties as other district attorneys and serves all the district, county, and justice courts of Nueces County and the district courts of Kleberg and Kenedy counties.

(c)iiThe commissioners courts of Kenedy, Kleberg, and Nueces [the] counties [comprising the district] may supplement the state salary of the district attorney. The amount of the supplement may not exceed $12,000 a year. The supplemental salary must be paid proportionately by the commissioners court of each county according to the population of the county. The supplemental salary may be paid from the officers' salary fund of a county. If that fund is inadequate, the commissioners court may transfer the necessary funds from the general fund of the county.

(e)iiThe local administrative district judge shall transfer all cases from Kenedy and Kleberg Counties that are pending in the 105th District Court on September 1, 2005, to the 423rd District Court.

Thursday, May 26, 2005 SENATE JOURNAL 3833

(f)iiWhen a case is transferred as provided by Subsection (e) of this section, all processes, writs, bonds, recognizances, or other obligations issued from the 105th District Court are returnable to the 423rd District Court as if originally issued by that court. The obligees on all bonds and recognizances taken in and for the 105th District Court and all witnesses summoned to appear in the 105th District Court are required to appear before the 423rd District Court as if originally required to appear before that court.

(g)iiThe 423rd Judicial District is created September 1, 2005.

SECTIONi7.ii(a)iiEffective January 1, 2007, Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.569 to read as follows:

Failed Creation of the 423rd District

Why did they try to create the 423rd Judcial District?
Posted on November 15, 2007 at 01:36:58 AM by Jaime Kenedeno

Sounds like how Hitler thought

Did they think they needed a new Judicial District to create the new District Attorney position?

We have here in this situation a District Attorney without a Judicial District.

Tell me I am wrong and back it up, any takers?

H.R. 3189, PARENTAL FREEDOM OF INFORMATION ACT

2007-10-28T15:47:00.000-07:00

H.R. 3189, PARENTAL FREEDOM OF INFORMATION ACT

HEARING

BEFORE THE

SUBCOMMITTEE ON EARLY CHILDHOOD,

YOUTH AND FAMILIES

OF THE

COMMITTEE ON EDUCATION AND

THE WORKFORCE

HOUSE OF REPRESENTATIVES

ONE HUNDRED FIFTH CONGRESS

SECOND SESSION

HEARING HELD IN WASHINGTON, DC, MAY 7, 1998

Serial No. 105-103

Printed for the use of the Committee on Education

and the Workforce

TABLE OF CONTENTS

STATEMENT OF CONGRESSMAN KUCINICH FROM THE STATE OF OHIO *

STATEMENT OF CONGRESSMAN ROEMER FROM THE STATE OF INDIANA *

STATEMENT OF CONGRESSMAN MARTINEZ FROM THE STATE OF CALIFORNIA *

STATEMENT OF CONGRESSMAN TIAHRT FROM THE STATE OF KANSAS *

STATEMENT OF CONGRESSMAN LARGENT FROM THE STATE OF OKLAHOMA *

STATEMENT OF CONGRESSMAN GREEN FROM THE STATE OF TEXAS *

STATEMENT OF JOHN REINHARD, PARENT *

STATEMENT OF CINDY DELULLO, PARENT *

STATEMENT OF LARRY DAVIS, MATHEMATICS TEACHER, ASSOCIATION OF TEXAS PROFESSIONAL EDUCATORS *

STATEMENT OF DANIEL DOMENECH, SUPERINTENDENT, FAIRFAX COUNTY PUBLIC SCHOOLS, PRESIDENT-ELECT OF AMERICAN ASSOCIATION OF SCHOOL ADMINISTRATORS *

STATEMENT OF JIM MEANS, PRINCIPAL, WEST HIGH SCHOOL, WICHITA, KANSAS *

STATEMENT OF JEFFREY K. TAYLOR, ACTING DIRECTOR FOR GOVERNMENT AFFAIRS, CHRISTIAN COALITION *

APPENDIX A -- WRITTEN STATEMENT OF CONGRESSMAN MARTINEZ FROM THE STATE OF CALIFORNIA *

APPENDIX B -- WRITTEN STATEMENT OF CONGRESSMAN TIAHRT FROM THE STATE OF KANSAS *

APPENDIX C -- VALUES APPRAISAL TEST *

APPENDIX D -- SEXUALITY SEMINAR TEST [PLEASE NOTE THIS MATERIAL MAY BE INAPPROPRIATE FOR CHILDREN] *

APPENDIX E -- WRITTEN STATEMENT OF JOHN REINHARD, PARENT *

APPENDIX F -- WRITTEN STATEMENT OF CINDY DELULLO, PARENT *

H.R. 3189, PARENTAL FREEDOM OF INFORMATION ACT

May 7, 1998

House of Representatives

Subcommittee on Early Childhood, Youth and Families

Committee on Education and the Workforce

Washington, DC

The Subcommittee met, pursuant to call, at 10:00 A.M., in Room 2175, Rayburn House Office Building, Representative Frank Riggs [Chairman of the Subcommittee] presiding.

Present: Representatives Riggs, Souder, Martinez, Payne, Roemer, Scott, and Kucinich.

Staff Present: Sally Lovejoy, Senior Education Policy Advisor; Kent Talbert, Professional Staff Member; Rich Stombres, Legislative Assistant; June L. Harris, Minority Education Coordinator; Alex Nock, Minority Legislative Associate; and Roxana Folescu, Minority Staff Assistant.

Chairman Riggs. Ladies and gentlemen, good morning. I would like to call to order this hearing of the Subcommittee on Early Childhood, Youth and Families on House Resolution 3189, the Parental Freedom of Information Act, offered in this session of Congress by our good friend and colleague, Congressman Tiahrt of Kansas.

It is a pleasure to welcome each of you here today, and I want to tell all of our witnesses at the very commencement of our hearing that I very much look forward to your testimony. My name is Frank Riggs. I represent the First District of California and I chair the Subcommittee.

More than ever before, policymakers need to rally behind parents and families. Why do I say this? Well, obviously when families are strong and healthy, our country is healthy. Families, after all, are the basic unit of society around which cultures are organized. And parents, as the leaders of families, play the number one role in determining the strength and the health of the family.

I might add that the idea of stronger families in communities is a common theme and a common, if you will, cause that unites Congressional Republicans as we work to lower taxes, to build a smaller but more effective Federal Government and stronger families and communities. Too often the Federal Government has not been family-friendly in the policies that the executive branch of government has set and in the laws enacted by the Congress, the legislative branch of the Federal Government. Too often Federal laws have not recognized and respected the primary role of parents in the education of their children.

In some instances, as I think we may hear today, schools have been outright hostile to parents. If anything, education in our country should respect and acknowledge the key role of parents in the upbringing of their children. Everyone knows that when parents are actively engaged in the education of their children and remain engaged, the children do better.

In fact, I want to note for the record that in the experimental or pilot choice programs that we are finding now in the Milwaukee and Cleveland public schools, the early data suggests that there is a correlation between parental involvement, a greater parental satisfaction with the education that the children of those parents are receiving, and, we believe and this is where the data is most encouraging a corresponding increase in student achievement and pupil performance.

Yet in some instances parents face roadblocks put in their way by local school and State education authorities. Unfortunately, parents are sometimes treated like outsiders. The bill before us today by Congressman Tiahrt takes the opposite approach. Rather than shutting parents out of the educational process, it seeks to bring them in. It seeks to include, rather than exclude.

We have an obligation to do all we can to promote policies which actively engage parents, which welcome parents as full partners into the classroom, which fully disclose what is being taught in the curriculum at that particular school and in that particular school district, and would seek parental consent on major life issues involving their children.

At this time I want to again thank our witnesses for their participation in our hearing. On the first panel, which has already been seated, we will hear from three colleagues: Congressman Tiahrt, who is, as I mentioned at the outset of the hearing, is the sponsor of the legislation before the committee today; Representative Steve Largent of Oklahoma, one of the key leaders on family and Parental Freedom of Information Act issues in the Congress; and Representative Gene Green, a former Member of this committee.

On the second panel we will hear from two parents, Dr. John Reinhard and Cindy Delullo I hope I am pronouncing it right; one school superintendent, Dr. Daniel Domenech; a principal, Mr. Jim Means; a teacher, Mr. Larry Davis; and Mr. Jeff Taylor of the Christian Coalition.

So with that I will conclude my opening statement. The Ranking Member of the Subcommittee, Congressman Matthew Martinez, has not yet arrived. When he does, time permitting, we will recognize him for an opening statement.

At this time I would yield to either one of my colleagues or both of my colleagues if they care to make an opening statement. Mr. Kucinich?

STATEMENT OF CONGRESSMAN KUCINICH FROM THE STATE OF OHIO

Mr. Kucinich. I want to thank the Chair for calling this hearing. I think you are raising some issues that certainly need to be discussed. I certainly favor parents being more involved in the schools. Whether or not that needs to be codified is an issue of debate here.

I will be unfortunately having to go to welcome a group of students who are coming in from Ohio to our Nation's Capitol. But there is one bit of advice I would like to offer, quite friendly advice, I might say, to some of the panelists. Having read the testimony of some of the witnesses not Members, I might add who are prepared to testify, I note in some of the testimony what I would consider remarks that would tend to impugn the position on this issue of Members of Congress. And I would caution witnesses about coming before a congressional committee and doing that, just a little bit of friendly advice.

So thank you very much, Mr. Chairman, and I look forward to your meeting today.

Chairman Riggs. Thank you, Mr. Kucinich. Mr. Roemer.

STATEMENT OF CONGRESSMAN ROEMER FROM THE STATE OF INDIANA

Mr. Roemer. Mr. Chairman, I don't have a formal opening statement but I do want to make two comments. One, I want to welcome my colleagues, Mr. Largent and Mr. Tiahrt from the Science Committee, where they previously served and oftentimes took some controversial positions, especially my good friend from Oklahoma who has fought with me on a couple of different issues. I welcome them and welcome their testimony.

I also want to welcome my good friend from Texas, who is a previous Member of this Education Committee, where he made a host of substantive contributions to improving access for children across the country to higher education in particular.

I am one who believes very, very forcefully in parental involvement in our schools. We have got a lot of problems in our schools, and there is no single one solution that is going to solve those problems, but parental involvement seems to me to be one of the keys. Parental involvement in my life was one of the keys, when my mom and dad became more involved, when there was cooperation between the school and my family home.

I look forward to the testimony today, and I look forward to learning ideas from Democrats and Republicans as to how we get more parental involvement in this country. I thank the Chairman.

Chairman Riggs. Thank you, Mr. Roemer. And the Ranking Member, Mr. Martinez.

STATEMENT OF CONGRESSMAN MARTINEZ FROM THE STATE OF CALIFORNIA

Mr. Martinez. Thank you, Mr. Chairman.

I have a statement but I am going to submit it to the record so we can get to the witnesses. I just want to say, you know, in all of my years of my children going to school and when I went to school, I can remember organization after organization always encouraging parents to get involved in what is happening in the school.

You know, school is really not successful unless the parents get involved. The more deeply parents get involved, the more successful the school, as evidenced by those schools in more affluent districts where the parents are actually strong supporters of the school and form booster clubs and support in every way they can all the activities and extracurricular activities.

I never really heard, even in my area where there are some schools that are in the neighborhoods with a lower socioeconomic background of people living there, that they would ever deny a parent any access to any information. The school board, as a matter of fact, all the school boards are locally elected, and those school boards, those elected officials and I am sure my Chairman, Mr. Riggs, can agree with me because he was a school board member are always attentive to the constituents and their requests. If one of those people came to them requesting information about the school and the curriculum in school and all the other activities that the school is undertaking, those school board members would certainly make sure that that school board, that that school or that school administration made sure that the parents had that information.

I don't know I don't think any of us are against parental involvement or against parents knowing what is happening in the schools. I am not sure exactly what we are trying to accomplish here. If you want to set up a court system or provide employment opportunities for attorneys, that is great. But I think we ought to be very careful as we move forward in over-regulating or, like they said last night on the Floor so many times, micromanaging local school boards. I think we have to be careful of that.

So I will submit my statement for the record, and I look forward to hearing from the witnesses, especially our colleagues. Whenever our colleagues appear before us, we can be sure that it is going to be insightful and informed information. Thank you.

SEE APPENDIX A -- WRITTEN STATEMENT OF CONGRESSMAN MARTINEZ FROM THE STATE OF CALIFORNIA

Chairman Riggs. Thank you, Congressman Martinez.

On February 11th of this year, Congressman Tiahrt of Kansas introduced House Resolution 3198, which is similar to bills that he has introduced in the past on parental rights. There are currently 60 cosponsors of that legislation, and perhaps more since this particular bulletin was published. Members of the committee who are cosponsors of this legislation are Congressmen Souder, Talent, McIntosh, Peterson, Graham, Hilleary, Norwood, and Hoekstra.

Congressman Tiahrt, we are pleased that you could be with us this morning. Please proceed with your testimony.

STATEMENT OF CONGRESSMAN TIAHRT FROM THE STATE OF KANSAS

Mr. Tiahrt. Thank you, Mr. Chairman. I want to take this opportunity to thank you, Mr. Chairman, and I will submit formal testimony for the record and somewhat summarize my remarks.

Chairman Riggs. I would just interject to say, the entire written testimony of all of our witnesses will appear in the record, so feel free to abbreviate or make other remarks.

Mr. Tiahrt. I also want to thank the members of the committee for this hearing. I think this is a very important piece of legislation, and I appreciate the opportunity to talk about how we can bring parents and teachers together with a goal of strengthening goals and improving the education of children.

I have been actively involved in education for some time. I am a graduate of public schools. My children attend public schools. My wife taught in public schools. I have served as a Member of the Education Committee in the Kansas State Senate. I have also taught at the college level, where nearly all of my students were products of public schools.

From my observations, which include teaching, parent-teacher meetings, speaking with teachers, administrators, parents, it is quite obvious that students do best and schools do best when parents are actively involved in their child's education. For some reason, when parents care about the quality of their child's education, the child cares more about being educated.

So what my legislation does is encourage parents to be more involved in their child's education by removing barriers that currently exist, barriers that prevent parents from being involved.

This bill, H.R. 3189, is the Parental Freedom of Information Act. As I said, its basic purpose is to get parents involved in education. It does that by clarifying FERPA or the Family Education Rights and Privacy Act.

Let me go back to 1974 when Senator Buckley brought to the Floor the amendment called FERPA. He brought it there with the intention of bringing parents into the education process by opening up school educational materials. I believe this was good policy, Congress believed it was good policy, and it became the law of the land.

However, in some places the law is vague; particularly when explaining educational records, where the law lists records, files, documents and other materials which contain information directly related to a student. From the record of the Floor debate, it is clear that Senator Buckley's legislation intended to include curriculum and testing material.

But now across America there remains some conclusion about what parents can see in order to help their children. There is been a considerable amount of court action and many frustrated parents, teachers and school systems that have struggled to determine what the law means. The mix of State and Federal law has contributed to this frustration. Our office has been contacted by dozens of people who have, and we have a long list of court cases, all trying to find a little clarification to a very good concept.

My goal is simple. I want to clarify existing law and bring parents into the education process of their children. This bill achieves that goal in three ways.

First, it provides access by defining instructional material and specifically listing textbooks, audiovisual material, manuals, journals, films, tapes and other materials supplemental to the education curriculum of a child.

Second, the bill defines testing material, again, providing access to tests without answering, of course without the answers, of course, or excluding and it does exclude standardized tests.

Third, it involves parents when the school requires a medical, psychological or a psychiatric exam at the school.

This is not a complicated bill. It is a simple clarification of existing Federal law with the intention of bringing parents into the education process of their child.

Some who are opposed to this bill would say there is no need for this legislation. However, there has been a string of State and Federal court cases looking for a clarification of existing law. My office has been contacted by dozens of people, as I said earlier. There is a need for simple definitions and this bill accomplishes that.

Others have said this would create an administrative burden. Later you will hear from Principal Jim Means, who represents the Wichita School System, the largest school system in the State of Kansas. He will tell you that having clear definitions and bringing parents into the education process actually reduces the administrative burden on schools.

One may argue that this bill would create court action in Federal court over textbooks, over suing to change curriculum. This bill only provides access. Parents, fully exercising this law, could see a textbook or could see curriculum, but in no way could they sue to change educational material. This bill simply opens up to the parents the information and it provides that access, which is a good concept.

Some say we shouldn't consider this because it is a State issue. The fact is that Federal law does exist and it does need clarification.

Originally teachers were concerned that they could not act in the best interests of a child because of this legislation. But it does not prohibit teachers from providing emergency care or acting if a child is at risk. Anytime a child voluntarily asks for help, there is nothing in this bill that would prohibit that.

Again, the goal of this legislation is to bring parents and schools together to improve education. Teachers and administrators and parents all agree, as do members of this panel, that when parents are involved in their child's education, the schools are stronger and the children are better educated. This bill works toward that goal by removing these obstacles that stand in the way and improving education and strengthening schools.

In closing, I want to thank Chairman Riggs for calling this hearing and for the support of this legislation, and I urge the committee to act on this legislation this session. I would welcome your questions.

SEE APPENDIX B -- WRITTEN STATEMENT OF CONGRESSMAN TIAHRT FROM THE STATE OF KANSAS

Chairman Riggs. Thank you, Representative Tiahrt.

We turn to our next witness, another colleague, Congressman Steve Largent, who has been actively involved, as I mentioned earlier, in family and parental rights issues over the past few years, actually since coming to Congress. During the 104th Congress, the last Congress, he introduced House Resolution 1946, which prohibited Federal, State and local governments from interfering with or usurping the rights of the parents to direct the upbringing of the children. That bill was referred to the Judiciary Committee.

Steve, we are happy to have you here this morning. Please proceed with your testimony.

STATEMENT OF CONGRESSMAN LARGENT FROM THE STATE OF OKLAHOMA

Mr. Largent. Thank you, Mr. Chairman. I would just summarize my remarks.

I had a conversation here this morning. I appreciate all the opening statements by the members that are present because it will shorten my remarks. As all of us understand, it is not an earth-shattering revelation to understand that when parents are involved in their children's education, children get a better education and parents are more satisfied. I mean, that has been revealed in surveys for a long, long time. We are all very aware of that.

Education, frankly, is not a partisan issue. We all want good education for our children. I understand that and I come in that spirit this morning. I would say that I think that the issues that this particular bill addresses probably in most schools are not an issue, because I am aware of many public schools that I represent that do everything that they can to include parents in the decisions that they make and in the curriculum that they offer and the testing that they do. But that is not true in all cases.

I would say that the question that you really have to ask yourself when you are considering this bill, in fact that I was thinking before even coming to testify this morning, is why would a school not want parents to have access to testing materials and curriculum? Why would schools not want parents to be involved and informed in their kid's education? I don't understand why a school would not want that. But in fact some schools have gone across the line, and that is what makes this legislation necessary.

I think the thing that we need to underscore, and oftentimes in these discussions, is that parents are not the enemy. Ignorance is the enemy, but parents are not. Too often I see battle lines drawn between parents and school boards and parents and school administrators, and that shouldn't be. We are all working for the same thing, and that is to get a quality education and a safe environment for our kids when they are receiving their education.

So Todd and I are kind of working as a team. As he kind of laid out the purpose of the bill, let me give you a couple of examples of what we are talking about when parents do not have access or are not informed, the types of experimental testing and experimental things that are taking place in the education process.

The first one and I didn't make copies of the first one because I can read some of the more invasive questions that were asked again, this was in Pennsylvania, this was without parental notification or consent. This is a test that was given at Mount Lebanon High in Pennsylvania in late October of '95. It asks 26 different questions. I just highlighted some of the more egregious ones.

Question Number 6 was, do you actively practice your religion? How does it affect your daily life and community? How much money does each family member earn each month? What are your monthly household expenses? What is each family member's most valued possession? What other possessions would you like to acquire? What types of sacred objects are around the house? Alcohol, tobacco and firearms, are they available and what members, what family members use them? What is a typical breakfast, lunch and dinner? Are you satisfied with your food?

These are questions that I think are very inappropriate. At the very least, even if you don't think that these are inappropriate questions, I think that there is a question that exists as to whether these types of questions should be asked of our kids and that parents should at least have the ability to see this type of testing done on our kids before it is conducted, not afterwards, as this one occurred.

The next test, this is actually one that was an 8th grade science test about sexuality from a school in Oklahoma. And, Mr. Chairman, I would just like to pass out this test to members on the committee because I quite honestly, what I would like to do is just refer to the different questions and allow you to read them for yourself, because I am embarrassed to read them in front of this committee and for the record. But I would like to distribute them.

I will just refer to the numbers and let you guys get I highlighted some of them on my copy, and when you get that, if you would I just highlighted two, but there are many, many others that and again, this may be an extreme example, but it is not a total anomaly of what is taking place in schools across the country.

But if you would take a look at this test, and it is about three pages, it has a total of 84 questions that deal with everything from homosexuality to petting. But just on the first page, and you will keep a copy and read it later, I guess, don't show it to your children, but look at Question Number 6 and Question Number 12, but I don't want to repeat them in public.

I don't know about you, but I have a 6th grade son, a 7th grade son, an 11th grade daughter, and a son who is a freshman in college. There are a lot of things that should be confined to the conversation between a father and a son or a mother and her daughter, that are on this test, that I think are highly flammable and inappropriate to say the least at any age, much less 8th grade.

So again, these are just a couple of the examples. There are others. But this is the type of thing that angers parents, and we get calls from them all the time about different issues like this, and why I am in support of the Parental Freedom of Information Act.

Now, I yield back my time, Mr. Chairman.

Chairman Riggs. Thank you, Congressman Largent.

Congressman Green? Gene Green, as I mentioned, is a former Member of this committee. We are pleased that he could be here today.

Gene, please proceed with your testimony.

STATEMENT OF CONGRESSMAN GREEN FROM THE STATE OF TEXAS

Mr. Green. Thank you, Mr. Chairman.

I will tell you if I had an 8th grade student, I would be upset about this test also. In fact, if I was the Member of Congress, if that was in my district, Miami, Oklahoma, I would talk with my school board member and my superintendent.

I appreciate the chance to be here today, and I join my colleagues here. One, I am not going to sit here and testify or speak against parental involvement, because I think all of us know if you have children, you want to be more involved, and you want to have as many opportunities as you can to be involved with your children in public school.

The concern I have about the bill is, it is really a solution in search of a problem on a Federal level, because I know I served I bring not only experience, I served two terms on this committee, but as a State senator, and I served seven years on the Education Committee and in the Senate before that as a State representative, working on education policy. I know in Texas we have current law that was passed, in fact, it was amended in the '95 session of the legislature, but it provides for a lot of things that this bill would do on a local level.

I commend the efforts to encourage parental involvement in our children's education. I have two children that are now in public institutions in Texas in college, but they both attended and graduated from public schools in Houston, and my wife is a high school algebra teacher. I notice later on your panel I believe a Larry Davis will be testifying, and he is a math teacher from Waco, Texas.

As a Member of the legislature, I supported parental access to curriculum and testing materials. However, some provisions of this bill, I think, go beyond and may border on even dangerous; one, because it codifies in Federal law what is being addressed by State law already, and it provides for Federal remedy.

Now I feel kind of awkward as an attorney sitting here and saying I don't know if I want somebody to have the opportunity to go to Federal court, because I think oftentimes that is a system our forefathers set up for us, and to expand an ability to go to court is really what an attorney is all about, I guess, so I feel a little uncomfortable doing that.

But I also don't know if Federal court is where these cases ought to be, since most of the Federal funding for public schools in my district borders on 10 percent, on the average of 6 or 7 percent State nationwide. So I don't know if that is really where we want our school districts to be, when there is a remedy already at State court.

Under this bill, parents are given the right to sue the local school district and the state education agency if they are denied access to any instructional or testing materials. In addition, parents could receive the right to recover attorneys' fees during the litigation.

Most States give parents specific rights. Why are we infringing on these State laws or local laws or procedure? I think it is unnecessary. Like I say, I have a copy of the Texas statute, again, that was amended in 1995, parental rights and responsibilities. It has, again, been in State law for many years, and again, just like we do, changed every year, and the legislature in Texas updated it in 1995.

In my State, as in most States, parents are entitled to review all teaching material, textbooks and teacher aids used in the classroom of the parent's child. In addition, a parent is entitled to review each test administered to the child after the test that is administered.

If access is denied, parents can appeal first to the local superintendent, then to the school board, and eventually to our State Education Commissioner. If it doesn't stop there that State Education Commissioner may deny it they can go to the State school board, and ultimately to the district court. Not unlike the procedure we have, an administrative remedy, and ultimately to the Federal court system if someone is aggrieved on the Federal level.

Parents and teachers and administrators and State officials carefully considered these State procedures, and we shouldn't just discard them very easily. Because I have parents in my district who have and even teaching personnel, that is also the process for their appeal and they take that appeal very seriously.

We need to encourage additional parental participation, and I think local law does that. My wife, again, is a 21-year algebra teacher in high school. In her district the last few years, required by State law, it requires teachers to visit with the tardy students' parents on a daily basis, and they have a revolving system of every day, every hour, there are two teachers who have during their conference period to visit with parents.

So we see that. Those parents are required to bring, come up to school with their children if they have so many tardies. You see that already, and I see my wife visiting now with lots of parents who want to, so State law already has the opportunity to do that. In fact, my concern about this bill is we are spending time on this committee on it, and there are so many other things that we could do.

I would hope that we could help our local school districts with smaller class sizes, additional teachers, the 100,000 teachers that the President talked about. But before I end, and I know I am going to get a red light in a minute, let me talk a little bit about and brag about Texas, because in 1984 Texas passed a reform, education reform bill, and every session since this then has had to deal with it.

But we have a recent report by the Rand Corporation in January that shows that Texas students are being better educated than students in other States. Credit for this success goes primarily to smaller elementary classes, pre-kindergarten programs and higher standards. We have, under 1984 law we have a limit of 22 to 1 from kindergarten to the fourth grade, which is the best education reform.

That is why I would hope this Congress would realize the benefits of what States have done, and say let's help States like Texas or other States who may not be able to afford it to lower that pupil-teacher ratio so we can really provide for quality education. The Federal Government cannot be providing prescriptive things. We can provide assistance to the local districts and to the States, who are on the front line, whereas we are not.

Thank you, Mr. Chairman, and I look forward to the questions.

Chairman Riggs. Thank you, Congressman Green, and thank you again to all three of our colleagues for taking time out of their busy schedules to be with us this morning.

Let me see if I can clarify the concern about unwanted Federal intrusion and/or unnecessary litigation that might ensue from the enactment of Congressman Tiahrt's legislation. I want to be clear, committee staff just handed me a copy of the bill, and as I interpret it, Congressman Tiahrt's legislation provides for funds being withheld under any applicable program; and "applicable program" is, with reference back to the General Education Provisions Act, is defined as any program for which the Secretary of Education or the Department of Education has administrative responsibility as provided by law or by delegation of authority pursuant to law.

So, Congressman Tiahrt, is that a correct interpretation of your legislation, that it that it only applies to those local education agencies or those school districts that receive Federal funding, and it is designed to protect the rights of parents whose children are educated at schools that receive Federal taxpayer funding for education programs or categorical aid?

Mr. Tiahrt. I think you are on track. There is nothing in here that would override State law. There is confusion with the Federal law, and that is all that this really addresses. It does apply to where Federal funds are involved, and it just says if parents request material, the school system has 30 days to provide it. If they don't, they could go to court to seek access to that material, and the full scope of penalties would be that they would get lawyer fees and the school system could potentially have funds withheld, Federal funds withheld during that time until they provide the material.

Chairman Riggs. Let me ask you and Congressman Largent, why do you feel it is necessary to give parents a cause of action, in other words, civil recourse? I am assuming that would be in Federal courts. Why isn't it simply withholding funding?

Mr. Tiahrt. We could have that provision in FERPA, and I believe it is in FERPA. There has been no instance in the last since it has come into existence where funding has been withheld. Yet the problem exists out there. There is still the confusion, both in the school systems and with parents as well as in the State and Federal courts, and this clarification allows parents to act, gives them recourse to act rather than just wait on somebody in the Department of Education to act, which has never occurred.

So this is something, it is an enforcement relief mechanism for parents that they don't have today, and I think it is very necessary.

Mr. Largent. Mr. Chairman, it is my understanding that what this bill really does is just kind of fine tune and bring into focus the original intention of FERPA. Again, the bill is meant to be a preventive measure. The idea is to sensitize the schools to parents in the first place, those that aren't, so that before they administer a test or psychological testing or anything else that is borderline, that they will first at least notify the parents. So the bill is meant to be a preventive measure, not a punitive one.

Chairman Riggs. But you don't have concerns, Congressman Largent, about clogging Federal courts as a result of giving parents the legal recourse to file a civil action?

Mr. Largent. Again, the issue is clarification. I think the clearer that the law is, which is what this bill does, then the less that you will have less litigation as a result of that.

Mr. Tiahrt. If I can add, there will be fewer court cases because we have some clear definitions here. They are very specific, and I think that is one of the goals, is to eliminate that. I think in later testimony you will hear that, as when Representative Green said that where these things exist that you have a better system, you have less of administrative burden. I think it will also lessen the burden that is currently in the court system.

Chairman Riggs. Todd, you know if we move forward with this legislation, we will hear concerns from colleagues who believe that perhaps this is too intrusive or it would bring, as I said earlier, unwanted Federal involvement, further Federal involvement in local education matters, and it might conflict with the long-standing American tradition, the doctrine, if you will, of local control and local decision-making.

You acknowledged that concern in your testimony, but can you elaborate on your argument, your rebuttal to that concern?

Mr. Tiahrt. Well, I think, you know, we currently do have Federal law. There is some involvement with the Federal Government in local schools. This would lessen the involvement, in the fact that it makes clear definitions so parents know what existing rules are. It does not impede States from trying to accomplish the same purpose of bringing parents and schools together for better education of their children.

So I think what this law does is it doesn't increase Federal involvement. It would actually, long-term, reduce it by allowing clear guidelines for school systems to operate by, and as I said in subsequent testimony, I believe you are going to hear that school systems run smoother when you have clear definitions and when you bring parents in. I think that is an admirable goal, and I think we will see the quality of education increase when this legislation becomes law.

Chairman Riggs. But assume for a fact this is the point that I think Congressman Martinez alluded to assume for a moment that both you and Congressman Largent, that I am a locally elected school board member in your district, I am one of your constituents, and I come to you or I find out about the legislation and I say, "I understand and support the intent and purpose behind the legislation, but you should leave it to us to safeguard the rights and the interests of parents. We are locally elected."

Again, as I said earlier, that is very much in keeping with the long-standing American tradition of decentralized public education where that local school district is fairly, should be anyway, fairly autonomous, and that locally elected policy decision-maker, a school board member, is accountable to the voters of that school district and to the parents, the consumers of education in that school district.

Assume I am your constituent, that local school board member. Assume that I am a conservative Republican locally elected school board member. How are you going to respond to them when they tell you that, again, they understand the concept behind the legislation, they support it conceptually, but they still think it will create too many problems at the local level, and again it might usurp or might conflict with the autonomy and the authority of local school boards?

Mr. Largent. Well, I would just say, you know, the premise of your question is that the Federal Government is not in the classroom already. The fact is, it is. If you compare the Federal Government in the classroom to the 800 pound gorilla, what this legislation is doing is saying that we just want to make sure that the parent gets to stay in the classroom too, and has access to the textbooks, the curriculum, the testing, and is involved in a proactive manner, rather than a reactive manner.

So this bill doesn't take the Federal Government further down the road than it already is. It is just clarifying where the road is and that it needs to stay on the road.

Mr. Tiahrt. I would say that by having parents allowed access to the material that is currently there actually reduces Federal involvement, actually reduces administrative burden. It actually brings parents into the process. So it doesn't impose any additional Federal time or money in here. All it simply says is we will provide access for educational material, we will let parents get involved in the process, we will remove those barriers.

I think we will have less of a problem, less of Federal involvement in the classroom and more local control. Parents will be more involved. They will be talking with their school boards. And I think it will improve the quality of education.

Chairman Riggs. I understand that, and I thought those were very good responses. You keep emphasizing access, but the other feature of your bill is consent. Correct?

Mr. Tiahrt. Yes.

Chairman Riggs. I think therein will probably lie the route we are trying to do with reforming Federal bilingual education programs, to require that local school district to first seek the consent and the written permission of the parent before the child can be placed in a native language program, a non-English program.

We have heard some concerns about that creating administrative burden on the local district and the difficulty of and I am not too sympathetic to this but we have heard the concerns about the difficulty of districts communicating with parents and the mechanics of how they actually do that. Do they send a note home with the child? Do they send a certified letter to the home? Do they make repeated phone calls?

So it is the consent aspect that I think is problematical in terms of the actual implementation and administration of your bill, and I want to give you a chance to respond.

Mr. Tiahrt. Some of the administration portions of getting consent, the mechanics, once the system is developed, I think it runs smoothly. But I think you are hard-pressed to argue when you get parents involved that it is not better for the education process. We want to get parents involved.

This bill is rather limited in parental consent. It just says if you are going to require something from a student, when it is related to medical exams or psychological exams or psychiatric exams, that you just get prior written informed consent. It is not for everything in the curriculum. It is limited to examinations that are medical, psychological or psychiatric, so it is somewhat limited.

And it does require that if you are going to go into some questions that would impose on people's privacy, that you get their consent, and I think that is fair. I think we all abide by the concept that this society gives us some privacy and that we should protect that privacy.

So it is somewhat limited in parental consent because it only acts on those areas where we have had particular problems. Once the mechanism is in place, you know, it works smoothly pretty much. My children are in the Fairfax school district now, and we have consent forms for field trips and for specific activities, and the mechanism is in place and it works rather smoothly.

Chairman Riggs. Do you know if those consent forms are mandated by Virginia State law?

Mr. Tiahrt. I do not know the mandate, whether it is the Fairfax County Schools that require it or whether it is Virginia State law, but I know they come home in the mail. We get one notice and two notices, sometimes a phone call if there is no response, but we have yet to get a phone call. You know, it always seems to work well with us.

Chairman Riggs. Thank you. Congressman Martinez.

Mr. Green. Mr. Chairman, may I respond? Let me quote Texas law on consent required for certain activities. That is why I say this bill is a solution in search of a problem. In the Texas education code, an employee of a school district must obtain the written consent of a child's parent before the employee may conduct psychological examination, test, or treatment under the examination tests, make or authorize the use of videotaping and employ a school district for the purposes of safety, including the maintenance of the school or maintenance of discipline and order.

So we already have current State law in Texas on that, and the last thing we need is a Department of Education coming in and saying, well, we are going to overlay because maybe your procedure, and again quoting the bill, in section 2, any education agent that has a policy of denying or effectively prevents now, again, "effectively prevents," I have a pretty good idea of what it may do. But I would worry somebody in Washington, whether it be this administration or some future one, would say the procedure we have in Texas, the administrative procedure we have "effectively prevents" a parent from doing that. Again I think you are giving more power to the Department of Education than I think my colleagues may want to do.

Chairman Riggs. Well, if I just might respond for a moment, I won't quarrel obviously with your interpretation of Texas State law. It sounds to me like it is pretty much on the money.

Congressman Tiahrt's bill, though, or the Tiahrt-Largent legislation goes one step further, and it basically would expand upon Texas State law in those school districts in Texas that receive Federal funding, Federal taxpayer funding for Federal education programs or what I called earlier "applicable programs," to quote actually from the legislation.

I don't see it as conflicting with Texas State law. I see it, as Congressmen Tiahrt and Largent have testified today, strengthening Texas State law. Congressman Martinez.

Mr. Martinez. Thank you, Mr. Chairman.

Let me begin by saying that I am as adamant as you are about wanting the parents to know what is going on with the children in the school. I had five children and they all went through the public school system, as yours did. There were times when I had conflicts with the school in the way they were doing things, and I was able to, through my local school board, to rectify those things.

I know that a lot of times it is simply that you say the law is vague, and it is vague. Even more than just being vague, the fact is that so many of our citizens aren't aware of the laws that are on the books and what steps to take to remedy any problem they have in their own community.

But before I get into any of that, I want to talk to Steve for a minute. I have a grandchild, I have 14 grandchildren, in fact, but I have one particular grandchild who was a fantastic football fan when he was about 5 years old. When he was 5 years old, my son used to take him to all the Rams games, and the Rams were his favorite team. His second favorite team was Seattle Seahawks. But the amazing thing about it is he knew every player on the Rams team and their number, and every player on the Seattle Seahawks and their number.

Now my grandson is 15 years old and starting his first year in high school, and he is on the freshman team there playing football himself. So I would like to make a request of you. If you have an autographed picture laying around that you can give me to autograph to Mark, that is his name, Mark, I would appreciate it, and one to Jonathan, his brother, who is an avid fan as he is.

Anyway, I think that you know when you look at this bill, it is pretty hard for anybody to say they would be completely against it, except that you are putting into Federal law the ability for people to go to court, to a Federal court, and that is one of the problems. The other problem is that in this bill, we did we had CRS do a survey or search for court cases involving this particular issue, and they didn't come up with any.

So, Steve, you mentioned two cases of tests that were given, one in Pennsylvania and one in Oklahoma. I have got to agree with you, I think any parent would be offended by somebody giving that test. I would just like to ask the question, was that a sex education class? It says science on the top, but was it a sex education class?

Mr. Largent. I think it was a science class that had a section on sexual education, yes.

Mr. Martinez. So it was in conjunction with that portion of the class that dealt with sex education. I still would like to know, and it seems like the bill is getting at trying to get at one problem is that you can't really I don't put a handle on it how to grab hold of it because you are talking about actions that a school may take or a test that a school may give or a curriculum that a school might provide, and you find out about it afterwards. So the harm has already been done, if it is a bad situation.

Your bill does nothing about doing that, except unless the parent themselves want to become very astute about what is happening in their schools and I think they should be and ask for what is the curriculum going to be like afterwards, and I doubt very many parents would do that.

I agree with you maybe this thing wouldn't create a lot of litigation, because the fact is that right now as we search for a CRS search for court cases of this type, we couldn't find any. In the two actions that you cited, were any court cases involved in that?

Mr. Largent. Not to my knowledge.

Mr. Martinez. See --

Mr. Tiahrt. We will be able to provide you, my office will provide you a list of the court cases I am referring in my testimony.

Mr. Martinez. Would you please? You may be able to provide information that CRS wasn't able to. I know they looked through Lexis-Nexis and all of those computer programs, it is garbage in and garbage out. And they may not have all of the information we need.

But I think what we really need is, one, to clarify the vagueness of the law as it is written now, not to add a whole complete law, while maybe you would have to pass a bill to correct that, amend that. You know, if it just dealt with clarifying the vagueness of the law as it exists now, and there is one section there referring to the things that should be available to the parent, I would agree with that.

But the fact is I would not want to where there is local court action, as in the case of Texas, there is remedy available to the parent who has been denied that access, is there not, Mr. Green? Mr. Green?

Mr. Green. I am sorry.

Mr. Martinez. Is there not in Texas and according to the Texas law a remedy for parents who have been denied access to that information?

Mr. Green. There is remedy in the statute. Again, it is also for discipline procedure for personnel. But if I am denied something as a parent, I obviously go to the superintendent well you typically start with your school , your principal, and then you go to the superintendent, your school board. Then you go to the State Education Commissioner or the State-elected school board in Texas, and ultimately you can go to the district court, because you have to exhaust your administrative remedies. Again, just like we do on, you know, worker's comp cases and other things before you go to court.

Mr. Martinez. I would rather see something like that in law that would require a procedure by which parents can and then again we have to make parents aware. You would be surprised how many laws we pass here, like the Taxpayers' Bill of Rights, every day I tell people in my district who complain about the IRS, do you know there is a Taxpayers' Bill of Rights?

We pass laws and don't disseminate information, and that is one of the problems that I have had since being here and seeing there are laws on the books if people would enforce them. We don't need more laws, there are so many damn laws now, but the fact is we need to enforce those laws that exist, and we need to clear up the vagueness of those laws if there is vagueness in those laws.

But to create another whole law which then shifts the ability from locals because I come from local government and I have always been a defender of local control. Our school boards are more responsible for our children, and sometimes I know the ebb and flow of the child depends on the quality and caliber of the people elected to the school board, and that is not always the greatest and there is nothing we can do about that, because that is the system of laws that we have.

But I think that we ought to be looking at working with locals and allowing them to set procedures or maybe requiring them even to set procedures, because in this law here, it only affects those that will take Federal dollars, and the Federal dollars is 6 percent. I would hate to see some school district that really needs that 6 percent, because most of them do, being unwilling to take it because it would come under the purview of this new law.

Thank you both for that.

Mr. Green. Mr. Martinez, if I can respond, I know the witness in a few minutes from the Association of Texas Professional Educators supports, like a lot of us, the general idea of the bill but suggests that instead of the procedure H.R. 3189 sets up, to really do a model policy, which I think most States already probably comply with. That would say this is something that you need to accomplish for parental involvement, instead of the way that H.R. 3189 is currently. He will be on the next panel, I believe.

Mr. Martinez. Thank you, Mr. Chairman.

Mr. Tiahrt. If I can comment, I just want to say that I appreciate your advocating Texas law. I think they are a good model in trying to bring parents into the process. But this clarification still needs to occur on a Federal law. Texas law cannot do that, it hasn't done that, and the need still exists.

So I think it is important that we do pass this legislation so we can clarify existing Federal law. Again, we would be glad to provide the court cases that have been part of the basis of starting this process.

Mr. Martinez. Just let me respond this way. Well, I would hope that you would be amenable to some amendment to the law to make it in such a way that we could be bipartisan about it and actually do it on a bipartisan basis, because I think both sides of the aisle are tremendously concerned about parents' involvement in their child's education.

Mr. Souder. I think it is safe to say we are at the beginning of a process, not at the end of a process, but this lays out what we would support as a supporter of this bill.

I wanted to clarify with Mr. Tiahrt and Mr. Largent, there is an implication that as conservatives somehow we don't believe this should be in the Federal purview, that this is a State issue. I just wanted to ask you a couple of questions.

As conservatives we believe in the constitutional, national, Federal Bill of Rights. Is that not correct?

Mr. Tiahrt. I think that is safe to assume.

Mr. Souder. We believe that religious freedom is a Federal issue, is that not correct?

Mr. Tiahrt. Correct.

Mr. Souder. We believe that civil rights are a Federal issue. Do both of you support the right to life being a Federal issue?

In other words, there is nothing inherently that says that basic rights aren't Federal issues. We believe that education should be run at the local level, but it doesn't mean that we don't believe that basic rights aren't a Federal issue.

Also, one other thing. In this country, in fact, while States may do a good job of protecting civil rights in some cases, we have had a national precedence that we decided that basic human rights and civil rights are a Federal issue; and we weren't going to trust certain basic human rights and civil rights at the State level. We fought a Civil War over that question. We have had repeated battles in Federal legislation.

There are three bills, including the Students Right to Know, FERPA, which we have already referred to, and one other, the Protection of Pupils Rights Act, that I actually worked an amendment through a few years ago on the education bill when I had a survey to my eighth grade son asking if they had anal sex and oral sex in the classroom distributed at the school. I was offended as a parent.

While that wasn't a direct Department of Education, the first moving vehicle was an education bill where I attached an amendment.

Furthermore, in this committee, in the Student Right to Know Act, we had the same people coming forth arguing this was Federal legislation, that we shouldn't have to release university data on rapes on the campuses because it is not a Federal issue, students don't have a right to know, trust the States, trust the universities, it might discourage different people.

We had a debate in this committee whether these were Federal or local issues, and Congress voted that certain basic civil rights are there.

Is not one of the points of this you have addressed the litigation question already at length, but, in fact, if your bill becomes law, is it not true that it is likely to have a chilling effect on the type of surveys that we saw earlier?

Mr. Tiahrt. It would be my opinion that it would have a chilling effect. Once this openness exists, there will be no closed doors. Parents will have access to information that they need to help with their children's education.

That would stop a lot of these people who have put out tests like that you referred to for your son and that Representative Largent has handed out which occurred in Miami, Oklahoma. Those things would stop because they do not withstand the scrutiny of the public eye. When parents have the ability to see that, I think it will stop a lot of the problems that we have today.

Mr. Largent. The intent is that this legislation is really refining or bringing into focus more clearly the FERPA law which is already on the books. It would be more of a preventive nature than punitive.

So that not only, as Mr. Martinez said, parents need an education as far as the laws and the rights that they have that are available to them and the recourse that is available to them, but educators also need an education in terms of sensitizing them more so to parents' prerogative and direction and sensitivity to psychological testing, sex education and those types of issues.

Mr. Souder. And part of this type of approach, in the case of the survey that was passed out by a school magazine at the school where my son was, the fact is that it was very embarrassing to my kids. In fact, the school board convened; and they changed the policies of how they were going to do it, which is what Mr. Green referred to as a process. But, I as a parent, had we had this type of law, it is unlikely that the school would have gotten into the first place, put my children in the awkward position of having to, in effect, go squeal because the parents didn't know and the parents having to go fight.

Mr. Green. We have a Taxpayer Bill of Rights, which is Federal. We have laws which protect workers in the workplace that are Federal. We have drug and alcohol laws that are Federal. Why wouldn't this be a Federal question as well? It is a basic right of parents with their children.

No doubt. I would hope, Mr. Souder, if my children were in the eighth grade in Miami, Oklahoma, it wouldn't take an act of Congress to get this test out of the school.

Mr. Souder. The question is, could an act of Congress prevent the test from being there in the first place?

Mr. Green. I don't think that this bill will do that. It says, you have access to those tests. In Texas, we already have access to that information.

Parents oftentimes do not know it until after the fact, just like my colleague said. We have the ability right now if a parent had access to this test in the State of Texas right now, you better believe they would go to their school board member or their superintendent or principal; and that test without even passing this law, that test would be taken out of the school.

This bill does not require it doesn't require the parent to know the test before it is administered. It only requires the parent the access to it.

If a parent doesn't go to the school maybe their children didn't bring a copy of the test home whether this bill is passed won't help at all.

What we have to do is encourage parents. We already do that on I say "we" because I have school board members who are friends and neighbors, and they do that right now. But they get frustrated because they don't have parental involvement, which is required by State law for school districts to involve parents now.

Mr. Souder. But you are not requiring that school boards that are paralyzed by the fear of lawsuits aren't going to be more cautious if they know that there is a lawsuit potential?

Mr. Green. My first concern in my opening remarks, you are right, school districts are paralyzed by the fear of going to Federal court.

I don't think that this bill again, we have State action already. You can go to State court. I think that may be the best venue instead of providing another way that school boards could be taken to Federal courts. Let's let State courts take care of it. I would hope that we wouldn't have to have a Federal law to get this test out of a school in Oklahoma or Texas or wherever.

Mr. Souder. I yield to the gentleman from New Jersey, Mr. Payne.

Mr. Payne. Thank you, very much.

I certainly agree with the panel that there needs to be more parental involvement, and I am sort of shocked that a test of this nature would be given. It would not be given in the school district where I taught in Norton, New Jersey, for a number of years. I am kind of shocked that it was given wherever it was. Perhaps they need to have a stronger school board.

I am a little confused not so much about the legislation, because I haven't had an opportunity to thoroughly read it, but I am confused about the philosophy. Because, on the one hand, since the new majority came in, I have been hearing about Federal intrusion, States' rights, welfare, for example, better run by the States and counties. Everything has been back to the local people. The local folks know the problem better.

And I am a little shocked really. Of course, I support the role of the Federal Government. I think the bigger the better. Maybe that is why we are in the minority right now. We wandered for 40 years, and so I can't expect you guys to have your act together in 4, and that is why I am so confused about this business, and I respect both of you guys.

I will take a picture, also. I have a grandson, too.

Mr. Largent. We will be glad to give you a picture.

Mr. Payne. Just the contradictions. A hundred thousand policemen on the street; great, everybody supports it. A hundred thousand new teachers for the school districts; opposed to it, totally incongruent. It just doesn't make sense.

That is why I am confused at and I did hear a new term about I guess it is refining. I guess when you feel that the Federal Government should come in like this, it is refining the law; but when you want the Federal Government out, it is local control.

I think, as a matter of fact, I have seen probably the most concerted effort on any political level by people who believe in the Christian Coalition's philosophy. And I think there are a number of good points. I am a very strong Baptist; and black Baptists are very, very conservative. And so I have seen school boards all over the country in a concerted effort being taken over by efforts of the right, and I think they are probably the most significant change in any political level. I don't know whether that is good or bad, but it appears that people on a local level are exerting their influence. And so, as I indicated, I am truly confused as to the strong support of all of my conservative colleagues on this question of Federal intrusion.

As a matter of fact, in New Jersey we have the only State constitution in the country that guarantees a thorough and efficient education. It is more progressive than any State.

Now, the Federal courts I mean the State courts have recently said that the State is not providing a thorough and efficient education and have told the State legislature that they must come up with several hundred million dollars for the poor 30 districts in the State. Because when our State constitution was written it guaranteed a thorough and efficient education, and so there was the Bonner decision where a person sued the State because they didn't get a thorough and efficient education.

So I think we don't go from the particular to the universal to pass out this obnoxious test that someone did in some little town I don't even know. I thought Miami was in Florida. But Miami, Oklahoma, that is like going from the particular to the universal.

Because you have a silly, simple obnoxious test somewhere that you pass a Federal law that covers 270 million people, to me, you know, like I said, I am more confused about the concept of the Federal Education Department more or less, which most conservatives feel should be abolished in the first place, not having more power.

I don't have any specific questions, but I agree that there should be more parental involvement. I wish we could legislate it, but we can't. We have to work at a local level and push people into being more concerned about their children. We are even starting to attempt to come up with some new concepts in my local school district as to how that can be done.

Like I said, I applaud you for your interest. I just think that we are sort of, in my opinion, going in the wrong direction as relates to this issue.

Thank you, Mr. Chairman.

Mr. Tiahrt. If I could comment. I agree that we agree on a common goal of trying to get parents involved. And you are right. You can't legislate that. All we can do is remove those barriers that prevent that from occurring.

As to States' rights issue, as a conservative I believe in States' rights and have worked for those issues, but there are some basic rights which are Federal issues civil rights, for example.

I think the Supreme Court decision has indicated that parents do have some basic rights in seeing that their children have a good quality education, and all this does is clarify existing Federal law. We are not writing a new statute. We are trying to bring parents into this process.

We can't prevent a test like this passed out here from Miami, Oklahoma, but by having parents involved we can bring an openness to education that is healthy. Bring an openness that will help remove these barriers so that this openness will prevent tests like this from ever being circulated again. It removes the barriers that prevent parents from actively contributing into these areas; and once those barriers are removed, I think we will see a higher quality of education. I think we will see tests like this being prevented before they even occur.

Mr. Souder [Presiding.] I ask unanimous consent to insert into the record a values test that I was given by a parent from Casa Robla High School in the San Juan Unified School District in California, which turned out to be very similar to the survey distributed in Pennsylvania, showing it was moving nationally.

SEE APPENDIX C -- VALUES APPRAISAL TEST

Mr. Souder. I also ask that the survey from Miami, Oklahoma, be placed in the record and somehow we put a warning, but I think it is impossible for people who read this record for historical purposes to understand what we are debating without having that in the record.

Any objection? If not so ordered.

SEE APPENDIX D -- SEXUALITY SEMINAR TEST [PLEASE NOTE THIS MATERIAL MAY BE INAPPROPRIATE FOR CHILDREN]

Mr. Souder. Mr. Scott, the gentleman from Virginia.

Mr. Scott. Thank you. I was delayed at another hearing, and I would like to thank the witnesses for testifying. I will just yield back the balance of my time so we can get on with the panel. I appreciate the members coming.

Mr. Souder. Thank you, Mr. Scott. You have been a leader in many of the juvenile issues.

With that, the first panel is adjourned. And will the second panel come forward?

The second panel includes John Reinhard, who is a parent of three children and lives in Chapel Hill, North Carolina. His interest in school matters arose from concerns regarding the parental rights in the schools. He serves as Chairman of the school's governance committee at Phillips Knoll School in Chapel Hill and presently serves as a board member of the governing body that oversees two charter schools in Chapel Hill and in Orange County, North Carolina.

Mrs. Cindy DeLullo is a parent from Charles Town, West Virginia. She is a full-time homemaker and mother of four. She has been actively involved in her children's education for 12 years. She has been a strong advocate for a greater role of parents in the schools and generally having a greater role in the education of their children.

Mr. Larry Davis is a mathematics teacher from Waco, Texas. He is president of the Association of Texas Professional Educators. Mr. Davis has taught in the public school system at the secondary level for 18 years and is the parent of two children, both of whom attended public schools.

Mr. Jim Means hails from Wichita, Kansas. Currently, he is the principal of Wichita High School West. His school is part of the Wichita Public School District which is the largest public school district in the four-State region of Kansas, Missouri, Nebraska and Iowa. He has been involved in public education in Kansas for 16 years.

Mr. Jeff Taylor is Acting Director for Governmental Affairs for the Christian Coalition.

Mr. Daniel Domenech is superintendent of Fairfax County Public Schools and president-elect of the American Association of School Administrators. My children used to attend the Fairfax public schools but left before you came in when I went back and ran for Congress.

Mr. Souder. Dr. Reinhard will go first. If you haven't been able to see, you have 5 minutes for your testimony; and the yellow light will come on with a minute to go.

STATEMENT OF JOHN REINHARD, PARENT

Mr. Reinhard. I thank you very much for the opportunity to speak before this committee on what I consider to be a very important issue.

I am the parent of three students in the Chapel Hill City School District. My oldest child has since chosen to leave the school district and obtain a GED instead. He did so in opposition to a program of mandatory community service which, while it had no avowed educational merit, was nonetheless imposed upon us by our elected school board.

When we opposed this in court, we were told that schools did not have to justify any of their actions because, quote, parents have no fundamental rights in the direction of their children's education, end quote. And it is for that reason that I strongly support this legislation and only wish it could go further and render as fundamental the right of a parent to direct the education of their child.

As I said, I am in support of this legislation; and I am glad to see that Representative Ballenger will probably support it; and I would certainly invite my representative, David Price from the Fourth District, to represent it as well.

I am saddened that the very process of education has been politicized by partisan groups such as the National Education Association that have come into the local level and virtually dictate, certainly in Chapel Hill, who is elected to school boards.

It is a process through which the very process of democracy can be corrupted. The very fact that this bill should have to come up is a sad reflection of the state of our republic in 1998. I can't imagine why anyone would object to parents wanting to know what their children are taught.

And in response to an earlier remark by Representative Martinez requesting whether this has been in court, I would ask how many times the Federal Freedom of Information Act has been invoked so that parents can get this information.

I believe that parents have a responsibility if not a moral obligation to question the content of a school's curricula; and I don't want to sound inflammatory, but I will cite two examples from our school system in Chapel Hill.

The first arose from the school's "multicultural education action plan for the promotion of respect for diversity." It is a mouthful.

A required English course would involve work by gay and lesbian authors, and understand this was not an opt out. The reading list provided by the instructor may not have been adequately reviewed. When concerned parents objected, we tried to read some of the works on the reading list at a school board meeting, and we were told we couldn't because it was indecent. If it was indecent at a school board meeting, how could it have been decent for our children?

The reading list really was just unbelievable. Some of the vulgar material would never have withstood peer review from the community. You just don't get into sadomasochism and acts of homosexuality in your children's education. If nothing else, this bill would make it harder to slip objectionable material into our children's curriculum.

My second illustration was an article my son had removed from the media center of the high school. The articles about marijuana use were unusual in the manner that it was depicted. "Illicit weed generates cash for university grad." Quotations such as, "I've had a very good year. I dress nicely now. I go on trips anywhere in the world," are little more than an advertisement for the cultivation and use of a controlled substance.

Still, one may question why is it necessary to legislate common sense. In response, Voltaire noted that "common sense is not altogether common." Indeed, common sense is a most uncommon commodity in many of our schools. The deviation from common sense is a mission creep that our schools have embraced. Rather than teaching numeracy, literacy, history and geography, our schools have been laboratories for testing education theories. Our children are the unwitting subjects. Moreover, the experiments are not properly designed or justified.

I am a biological scientist. I am charged with the responsibility of conducting interpretable experiments. We use laboratory animals and are beholden to a number of Federal and State regulations that limit the scope of our investigation.

In sharp contrast, our education experiments which are not based on sound hypotheses, they involve our children without our consent. We do not know whether they are going to provide a definitive answer or even if they are harmful.

If we were to test medicine with unproven safety and efficacy in patients without their consent, we would be guilty of malpractice. What we witness today is tantamount to malpractice in education, and our children have less protection from unsound experimentation than do laboratory rats.

The answer is to empower parents to become involved in their children's education. It sounds simple, but it is not. H.R. 3189 will provide a financial incentive for schools to cooperate with parents.

I recognize that there is much this proposed legislation will not accomplish. However, it is a small step for parents that will indeed be a large step for the future of our society.

Thank you.

Mr. Souder. Thank you.

SEE APPENDIX E -- WRITTEN STATEMENT OF JOHN REINHARD, PARENT

Mr. Souder. Mrs. DeLullo.

STATEMENT OF CINDY DELULLO, PARENT

Mrs. DeLullo. Thank you, Mr. Chairman and members of the Subcommittee. I want to thank you for allowing me this opportunity to appear before the Subcommittee today.

I am Cindy DeLullo; and I am a resident of Jefferson County, which is a small, rural community located in the eastern panhandle of West Virginia, only about 70 miles west of the Washington metropolitan area.

I am a full-time homemaker and mother of four school-aged children. I have been actively involved in my children's education for more than 12 years. My husband and I chose early in our marriage that the children would not grow up in a household with both parents working full time. This necessitated many sacrifices financially for our family, but we have never regretted our decision. Although we live a modest life-style, we feel it is more important to ensure that our children have a sound family support system than to have meaningless material things.

For this reason, I have always made every effort to ensure that my children obtain a proper education. Over the years I have come to realize, however, that good intentions from parents are not often viewed by educators in a welcomed fashion.

What I have discovered through my experiences is that this endeavor of parenting is being restricted by educational bureaucracies that would rather preserve their own position than adhere to the laws protecting constitutional and civil liberties of students and families upon which FERPA is based.

It is my belief that the responsibility for a child's education, physical, social and emotional well-being rests primarily with the parents. When these parental protections are ripped from us like threads in a seam, it will not only be detrimental to our children but it will set the stage to further unravel the basic framing of our Constitution.

I am pleased to know that the Congress is taking another look at the Federal Educational Rights and Privacy Act in light of parental concerns nationwide.

I, too, am one of these concerned parents. I have encountered numerous situations with the public school system in my district where public school officials have either ignored or purposely violate children and parents' rights. One most recent incident, in fact, occurred just last week in Jefferson County, West Virginia, where the public school system attempted to subject students to a research study by a private physician.

I was shocked to have received in the mail a notification from my daughter's school only informing parents of the study but not requiring written parental permission for the student's participation. What was clearly evident in the notice was that the school officials and the physician would assume that the child would be participating unless the parent notified them otherwise, this is what we call "permission by omission," a tactic that is frequently used with regards to research studies, medical evaluations, screenings and immunizations.

Another situation involved an incident which originally occurred about a year ago when the superintendent disclosed private information about my child during an open public school board meeting a meeting at which I was not in attendance. I accidentally discovered this disclosure some time later when I was reading a copy of the board's published minutes from that meeting.

In light of the fact that this was the second incident where the school board had discussed my child's confidential information at an open public school board meeting, I filed another complaint on May 16, 1997, with the U.S. Department of Education. To my surprise, I received a postcard dated June 9, 1997, stating the following: "Due to the large amount of correspondence this office receives, we currently have a backlog. However, your letter is important to us and we are actively working to provide you a detailed response as soon as possible."

I immediately contacted my U.S. Senator from my State, expressing my dissatisfaction with the bureaucracy, delays and obvious potential violations of regulatory time lines for responses.

After approximately 10 months I finally received a response from the Family Policy Compliance Office. Through this entire tedious process we have yet to receive any relief from the local district or from the U.S. Department of Education who is mandated to oversee and enforce compliance.

Mr. Chairman, we could probably sit here all day for hours on end and discuss infractions of FERPA regulations that occur just in our district alone. It seems fruitless for parents to take an active role in their child's education not only to protect them but to further promote good education.

It appears to me that the bottom line is accountability, and there is no enforcement mechanisms in place for the Family Policy Compliance Office to take swift and immediate action to penalize such violation.

Mr. Chairman, you and I both know that the Secretary of Education is not going to take away Federal funds from Jefferson public schools just because they continually violate my child's rights or someone else's rights. The public school officials know there is no penalty personally or professionally. Thank you very much.

Mr. Souder. Thank you.

SEE APPENDIX F -- WRITTEN STATEMENT OF CINDY DELULLO, PARENT

Mr. Souder. Mr. Davis.

STATEMENT OF LARRY DAVIS, MATHEMATICS TEACHER, ASSOCIATION OF TEXAS PROFESSIONAL EDUCATORS

Mr. Davis. I am a high school teacher. I spend a lot of time with parents on a daily basis talking about some of the issues that are brought forth in this.

I also have a full-time job as president of ATPE. With 88,000 members in the State of Texas, it is the largest non-union, independent State professional educators' association.

So, in both instances, I spend a lot of time with parents and dealing with parents. Most of the educators that I deal with are also parents.

We basically endorse this bill. We believe in strong support for parental access sought by the bill. However, we have a little bit of problem with some of the ways it is being proposed. We would like to propose a model initiative policy versus what is currently in it. We want to add to it, not change it.

What this would do is, the State Commissioner of Education would have 1 year to adopt or design and adopt a policy which would use a percent of the Federal money being used for this. And this will be submitted to the local boards, and the local boards would have 1 year to consider the State policy or, if they don't do it that way, they can also come up with an alternative method. Some school boards have these already in place, and Texas has had this in line since 1995.

Representative Green hinted that there was a problem in relation to this. If a State already had it in effect, what would they do? We are proposing a waiver system. The State commissioners could submit a waiver to the Department of Education. The policy is already in effect. Also, if the policy was being developed in the State, you would not have to directly follow the Federal guidelines because you would already have one in line at the State level.

One other concern we have is, if it is done at a local level, collective bargaining is not involved. We do not want it to be an issue on a local level in connection with collective bargaining.

The other thing involved in this is basically parental involvement. If we are doing the model on the State level, we need parental involvement on the State level. We need to notify the parents what is happening and have them come and talk and give advice. At the State level, we need to do the same thing and have parents directly involved.

This particular model would bring forth the concept that there is parental involvement. That is what you are trying to get at right here, parental involvement in the situation.

If a local alternative method is developed, then the local alternative method must include the issues that are currently in H.R. 3189; and the local school boards have to consider something that is being brought forward by the public also.

I noticed in the bill that you are excluding standardized tests. In the State of Texas, we do not exclude standardized tests. We have a Texas assessment of academic skills, and the test is allowed to be shown after the test is given.

I do have a problem, though, with going into a prior year. That presents a problem with educators. They have to go back and dig out a test that is given in the prior year.

As far as legal recourse, I am concerned about Federal versus State courts. I agree with Representative Green in the sense that we need to follow the chain of command of the school district. You go to the principal, the superintendent and up the chain of command to the school board and then to the State and then to the Federal court.

In summation, ATPE supports parental excess measures contained in this bill. We are supporting the bill. However, we would like to see the model policy initiative put into effect allowing parental involvement.

In forming that particular issue, the State has 1 year, the local has 1 year, and at the end of 2 years you would have something in effect across the United States.

ATPE offers their assistance in passing an amended version of H.R. 3189. We offer our help in this sense to develop the model such as we are talking about. We also express our appreciation to Congressman Tiahrt for bringing this before this committee and for the hearing.

SEE APPENDIX G -- WRITTEN STATEMENT OF LARRY DAVIS, MATHEMATICS TEACHER, ASSOCIATION OF TEXAS PROFESSIONAL EDUCATORS

Mr. Souder. I am going to recess the hearing while we vote.

I want to say that your testimony was very helpful, Mr. Davis. As we work through this bill we will see what we can accommodate, but those are the types of specific objections and recommendations which are very helpful.

The committee stands in recess.

[Recess.]

Mr. Souder. I want to apologize for being a couple minutes late. I had a school group that had been waiting out on the steps. Dr. Domenech, I understand that you have some time problems; and we will move to you.

STATEMENT OF DANIEL DOMENECH, SUPERINTENDENT, FAIRFAX COUNTY PUBLIC SCHOOLS, PRESIDENT-ELECT OF AMERICAN ASSOCIATION OF SCHOOL ADMINISTRATORS

Mr. Domenech. Thank you.

Good morning, Mr. Chairman, members of the Subcommittee. My name is Daniel Domenech, and I present my views today as Superintendent of Schools in Fairfax County, Virginia, and as President of the American Association of School Administrators, which is the professional association of more than 15,000 local superintendents and school executives.

From my vantage point and from that of my colleagues, Mr. Chairman, this bill, despite its sympathetic title, is unnecessary and unhelpful. It is a solution in search of a problem.

Public education is a responsibility of State and local governments, and the U.S. government should not involve itself in this routine aspect of running a local school division.

As a matter of fact, when I first came into the meeting and I was listening to some of the conversations, it kind of reminded me of one of our local board of education meetings; and I was wondering why the U.S. Congress would be involved in such a discussion.

Access by parents to instructional materials and to information about assessment of their children is well understood to be not only a right of parents but a benefit to school personnel. We want parent involvement in the schools. We do include our parents in the selection of materials. We provide opportunities for viewing the materials. We teach them about the purposes and methods of assessment, and we help them analyze their own children's test performance.

Let's use my school system as an example. Fairfax County public schools has policies and procedures which any citizen, parent or not, may access and challenge any instructional materials used by students, whether basal, supplemental library, print or non-print. A number of materials are routinely made available by the school system, even when there has been no specific request for them.

For example, copies of textbooks under consideration for adoption are located in several places, public libraries, district offices for perusal by the public. The school division has run instructional videos over our educational television channel to facilitate parental review and get input from our parents and the community prior to adoption by our board of education.

PTA and parent meetings are held for the purpose of explaining system-wide and standardized tests. Most test papers are graded, returned and sent home sometimes for parent signature, particularly if the grade is not that good.

Individual parent-teacher conferences are held for review of any individual child's performance on a test. Fairfax County public schools provide numerous opportunities for appeals of instructional materials, culminating in the final decision of the school board. At that point, the Code of Virginia takes over, providing that any parent of a pupil attending the public schools in a school division who is aggrieved by an action of the school board and not satisfied with that school board's decision may petition the circuit court having jurisdiction.

My point is that school divisions and States are providing the access envisioned by this proposal. Parents don't need relief from the Federal Government. Moreover, I am troubled by the quick resort to court served up by this bill. We already live in a highly litigious society. We do not need to force the threat of litigation into the parent-school relationship yet again.

Under this bill, if a parent thinks the school has violated his right by not doing everything he has asked within 30 days, you are in court with equitable or declaratory relief, reasonably incurred litigation costs and attorney's fees in sight.

States and school divisions have met the spirit of this bill through State statutes and regulations and local board of education policies. The Federal hammer is not needed.

Passage of this legislation could increase tension between parents and teachers, instead of fostering the collaborative relationships essential for student learning. Using it as another method of enforcement could add considerably to a school division's administrative costs. Wouldn't we all prefer to spend our education dollars in the classroom rather than the courtroom?

Thank you very much for your invitation to testify.

Chairman Riggs. [Presiding.] I must apologize to you and the other witnesses. I was called over to the floor where we were debating the bill that we just voted on. It was a motion to go to conference with the Senate on a comprehensive or omnibus education reform bill, and so I had to be there.

I apologize to you and the other witnesses, but I do hope that we have an opportunity for discussion after our other witnesses have testified, and I want to wish you well in your new position.

I guess I should say for the record that my wife and I are the parents of one child in Fairfax County public schools. So we will be watching you closely, and we will insist on our right to know. We appreciate very much your testimony.

SEE APPENDIX H -- WRITTEN STATEMENT OF DANIEL DOMENECH, SUPERINTENDENT, FAIRFAX COUNTY PUBLIC SCHOOLS, PRESIDENT-ELECT OF AMERICAN ASSOCIATION OF SCHOOL ADMINISTRATORS

Chairman Riggs. I recognize, Mr. Means. Thank you for being with us this morning.

STATEMENT OF JIM MEANS, PRINCIPAL, WEST HIGH SCHOOL, WICHITA, KANSAS

Mr. Means. Thank you for having me here, and let me say what a privilege it has been to come from Wichita and share some information about my district. What an eye-opening and learning experience the last 18 hours have been, seeing our government in action.

The Wichita public schools is the largest public school district in the State of Kansas and, as was mentioned in the introduction, in the four-State region of Kansas, Missouri, Nebraska and Iowa, with a full-time and part-time staff of over 5,400 employees, a faculty of more than 3,300 teachers, more than 200 administrators and over 1,800 support staff.

Wichita public schools serves more than 47,800 students in grades K-12, which consists of 58 elementary schools, 16 middle schools and 12 high schools. I have been an employee of the Wichita public schools for 16 years and the school administrator for 10.

The Wichita public schools has, as a part of its board policy, a policy which specifically addresses the opportunity for parents or lawful custodians to inspect instructional materials, including the teachers' manuals, films, tapes or other supplementary material which is used in connection with the pupil's education program. That is 1849, Pupil Rights and Parental Involvement.

Need for this policy became apparent as the district programs approached sensitive material such as sex education and AIDS education and an advisement program which included goal setting and decision making. Also, some parents had voiced concern about surveys given in the school setting which inquired about issues which those parents felt were private family matters or were not relevant to the education programs of the school.

The administrative implementation of this policy directed that the responsible party obtain written consent from the lawful custodian prior to student participation which requests personal information relative to political affiliations, sexual attitudes, confidential relationships, income or self-incriminating behavior. Also, each school was given responsibility for giving notice of this policy to the parent or lawful custodian.

Much time and effort is dedicated to including these processes within the enrollment process, written notification to the parent or lawful custodian of district policies which pertain to possessions of weapons, controlled substances, access to the Internet, and expectations for attendance and student behavior. In this way, the schools can address concerns before problems arise which would require more administrative time than the planning that was required to go into this program.

Opportunities are scheduled and provided for parents to preview materials used in sex and AIDS education curriculum prior to that instruction taking place, and opportunities are also provided for parents or lawful custodians to request that students opt out of these programs.

We eventually went from an opt-in approach. Some students lose field trip forms and written consents, and we felt if we went to an opt in, where the student would be considered part of the program until the school had received written confirmation that the parents supported that program, might be a better way in making sure that contact with those parents were successfully completed.

It is my opinion that, though these efforts are time intensive, they do provide the school, students or lawful custodians a certain sense of the security that these issues are understood by all parties involved. Concerns for parents or lawful custodians do still occur from time to time, but this school district policy puts in place an avenue for parents to seek and obtain the information they desire, and the school to document that parent notification is taking place.

Chairman Riggs. Thank you, Mr. Means. Maybe I should say Principal Means.

SEE APPENDIX I -- WRITTEN STATEMENT OF JIM MEANS, PRINCIPAL, WEST HIGH SCHOOL, WICHITA, KANSAS

Chairman Riggs. Now we go to Jeff Taylor, who is here from the Christian Coalition.

STATEMENT OF JEFFREY K. TAYLOR, ACTING DIRECTOR FOR GOVERNMENT AFFAIRS, CHRISTIAN COALITION

Mr. Taylor. Chairman Riggs and Members of the Subcommittee, it is a pleasure to appear before you today regarding H.R. 3189, the Parental Freedom of Information Act. As Acting Director of Government Relations for the Christian Coalition, I am pleased to offer our support for this important legislation.

The Christian Coalition has consistently argued for legislation that supports the autonomy and primacy of the family, and specifically the rights of parents to provide for the material, social, educational and spiritual needs of their own children.

This commitment is demonstrated in our support for a broad range of legislation, whether it is State laws that support the right of a parent to be notified and give consent to a minor child seeking an abortion or the elimination of the marriage tax penalty that has existed for far too long in the Federal Tax Code.

The Parental Freedom of Information Act will serve to clarify the rights of the parents under the Family Education Rights and Privacy Act of 1974. While FERPA provides for some parental access rights, there has been some confusion regarding the meaning of the term "educational records." Even though the original floor debate on FERPA made clear that this term was to include items such as curriculum and testing materials, the application of this intent has been far from consistent. The Parental FOIA Act will provide the needed clarification by requiring educational institutions to provide parents reasonable access to instructional or testing materials.

Another weakness of FERPA was its failure to provide a private right of action for those parents seeking access. Instead, FERPA leaves enforcement in the hands of the omnipotent Secretary of Education to determine if an institution is ineligible for educational funding due to FERPA violations. This is corrected under the Parental FOIA bill by allowing the parent to bring an action in court to enforce compliance.

Members of the committee, this is common-sense legislation. Parents should not be forced to go into court, as they have in some instances, in order to exercise their right for information on the education affecting their children. Parents have a right to examine the content of the curriculum their child is expected to master and also, with certain exceptions, the contents of testing materials used with their child.

Another key aspect of this legislation is its support for the principle that any medical, psychological or other related evaluations of children at school should not be conducted without the express consent of the parents.

I would like to describe just one example of the need for this legislation. In the spring of 1994, Maureen O'Connell, a mother and member of the local school committee in Falmouth, Massachusetts, asked to see the standardized test on her son's fourth grade class that he had just taken. She assumed that Falmouth officials would be glad to make the test available. She was wrong.

Mrs. O'Connell was informed that these State assessment tests were confidential. As she delved more deeply into this mystery, she discovered that, while the U.S. Department of Education claimed that the Massachusetts scores would not be calculated individually, every answer sheet was bar-coded. It also struck her as odd that there were more than a dozen versions of the tests for each grade.

Mrs. O'Connell also made the disturbing discovery that personal questions were included in these State assessments, questions such as how frequently these fourth graders talked about school at home and how well their parents spoke the English language. She became suspicious about what other personal questions were asked and why the State did not want her to find out about them.

In 1996, when the assessment period began, she was again refused permission to see the 1994 series but was granted the limited viewing of the multiple choice section only for fourth, eighth and tenth grade tests. However, she was not shown the essay questions; and she was forbidden from taking notes.

She sought complete copies of the 1994 tests under the Massachusetts Freedom of the Information statute. This was a broad statute defining public records as all materials or data, made or received by any officer or employee of any agency of the State. Test questions were exempted only if they were part of a licensing examination, such as for medical boards or the bar exam.

Mrs. O'Connell had requested a ruling from the Secretary of State who oversaw the State's records as to whether the 1994 State assessments were public documents subject to the Freedom of Information statute. Given the broad definition of the public records, a ruling in her favor could have been made over the secretary's coffee break. Instead, it took 3 months.

Meanwhile, to keep Mrs. O'Connell from gaining access to the tests, the State Education Commissioner quietly arranged to have the Freedom of Information law altered by burying a new loophole in a major budget bill. The loophole barred the public from access to any State test, examination or assessment instrument. And, in a demonstration of out-of-control bureaucrats, the department then argued that Mrs. O'Connell's request to see the tests should be retroactively disqualified.

The only bright light in this whole story is that the Secretary of State did the right thing by ruling that the 1994 assessments were indeed public documents and ordered the Education Department to turn them over to Mrs. O'Connell within 10 days or face enforcement by the attorney general.

That was in August of 1996, but when this story was reported in the Boston Globe in December, Mrs. O'Connell still had not received the documents. This story begs the question, what was in the 2-year-old tests that Massachusetts was so desperately committed to hiding from Mrs. O'Connell and parents like her?

We are not sure if this test was Federally funded. If this particular test had a funding component through Federal funds, I think there is at least a question that is raised whether this example would be corrected by the Parental FOIA bill.

It is this example along with the other personal examples that you have heard from the parents and teachers here today that demonstrate the real need for this clarifying legislation. If school administrators and teachers are sincere about their desire that parents become more involved in the education of their children and I do believe that most administrators and teachers are then they will support the right of access for parents that this bill guarantees.

And if Congress is sincere about its commitment to the families of this Nation and their belief that parents have the best interests of their children in mind, then you will send this to the full committee and then onto the House floor for a vote.

Thank you for your attention and interest in this legislation.

Chairman Riggs. Thank you, Mr. Taylor, and all of the witnesses on this panel. Again my apologies for having to step out.

SEE APPENDIX J -- WRITTEN STATEMENT OF JEFFREY K. TAYLOR, ACTING DIRECTOR FOR GOVERNMENT AFFAIRS, CHRISTIAN COALITION

Chairman Riggs. Let me ask, for any member of this panel who would like to respond, your opinion on how this legislation might affect the movement to adopt some form of standardized testing as part of a larger system of competency-based advancement.

Let me state that I am very much opposed to the Federal Government trying to construct any kind of national test for all of the reasons that we have debated in this particular Congress; and, furthermore, I do support the ban on national testing, strongly support it. And the legislation that I just referred to a moment ago, the legislation that the Senate is sending over to the House contains a ban proposed by Senator Ashcroft of Missouri on national testing in reading and math; and that is very similar to the bill authored by the Chairman of the full committee, Chairman Goodling, House Resolution 2846.

That all said, I do recognize that many States, in fact some of your home States, are adopting standardized testing. I am well aware, obviously, of the effort to adopt standardized testing or a system of standards in tests in the Commonwealth of Virginia.

For anybody who would like to respond, do you have an opinion as a matter of fact, maybe I will start with Dr. Domenech how this legislation could affect that movement under way in most of the States and in many local school districts around the country?

Mr. Domenech. Well, Mr. Chairman, I believe the impact certainly would be problematic, to say the least.

There is, of course, a policy involving most States and I recently arrived from the State of New York where these kinds of State testing have been commonplace for many years, and, as a matter of fact, the tests that have been administered in the past that are no longer under the security provisions are made available to parents and students and anyone who wants them. But the development of norm-reference, standardized tests is a very rigorous and difficult process; and the security of those tests needs to be preserved as long as the tests are being administered. So to allow this information to be made public at the request of a parent obviously would be a serious issue.

Now, my understanding, though, based on the language of H.R. 3189 now, is that your definition of test materials would exclude standardized tests; is that correct?

Chairman Riggs. That is correct.

Mr. Domenech. So I think the language and the definition as it currently exists certainly would not come into play in the example that Mr. Taylor was mentioning before, the tests administered by Massachusetts or any other State, for that matter.

But the basis is not to deny parents access to these materials but rather the rigor that is involved in maintaining the security and the validity of those tests if they are to be re-administered.

Chairman Riggs. Mr. Davis, you have a unique perspective on this particular legislation because you are both a classroom teacher and the parent of two children?

Mr. Davis. Yes. For standardized tests, Texas has an academic skills test, and the way we are allowing the parents to see the tests is we have six tests that we rotate.

We also have pilot problems on each test that the parents do not get to see so that we are putting pilot test problems in at the same time, and we have six or eight, so that gives us some database for new tests.

I do have a problem if we go back to prior tests because that way we would be allowing the student to see two tests. That would be creating a problem for us since we only have six tests to rotate.

Chairman Riggs. Mrs. DeLullo and Mr. Reinhard, thank you for being here.

Do you think that Congressman Tiahrt's legislation gets at the concerns of so many parents who have decided to home school their children? Because we hear those concerns and sometimes vehement objections to the kind of, if you will, values and instruction being imparted in many of our public schools. And if you think that the legislation gets at the concerns of home schoolers, what effect do you think it ultimately would have on the home school movement?

Mrs. Delullo. Besides FERPA, parents take their children out for other reasons. I don't think it is just because they cannot review the content of the curriculum.

I do believe that FERPA needs to be reinforced; but, once again, it is a policy. And unless it is practiced, a policy is moot unless there is effective action with it to make sure that it can and will be implemented.

I think in our district alone or in the State of West Virginia we are sort of behind at the State level for policies and legitimate enforcement. We don't have a thorough enforcement mechanism in place adequately at the State level or the county level to go back and seek some assistance.

I will give you one example. I met with the physician who last week wanted to do research without parental permission, and she was told not to contact me. And she called me. She said, they are not giving me any information, but I need to talk to someone. We did meet and she was kind of shocked that she was able to do it, too, but nobody said anything.

I think in research, medical, immunizations and things of that nature, there needs to be a trust mechanism. I am not saying that educators are bad, and I don't mean to imply that. A lot of times it is because no one follows through on it, and I think we need enforcement at the State levels and have the States enforce at the county level.

But we don't have that enforcement mechanism even within the FERPA department at the U.S. Department of Education. They are too busy to take a look at each parent complaint.

Chairman Riggs. Mr. Reinhard, do you have an opinion how this legislation would affect the home schooling movement and would it address the concerns of parents who home school?

Mr. Reinhard. If I could just comment briefly, I know many people who home school and these are among the most committed parent volunteers. It is an enormous burden that they undertake, and they undertake it because they feel that they have been betrayed by the public schools that no longer seek to teach literary and numeracy. And by opening to public scrutiny that which is their curriculum and testing mechanisms, I think if they are genuine it will bring the home schoolers back. But if they insist on further deviating from what we consider to be education, it will, of course, drive them further and further away from the public system.

Chairman Riggs. Mr. Taylor?

Mr. Taylor. Thank you, Mr. Chairman. Home schoolers are some of the most dedicated activists in this country, and they can light up the phones as quickly as anyone can. Anything that would tend to balance out the scales in terms of information provided to parents as opposed to information that is readily available to educators or to administrators would assist them in their efforts to weigh the balance, whether they remain in home schooling, which we fully support, or if they decide to come back and give public schools another chance.

Chairman Riggs. One other question and that is the question of how the bill would work and whether it should be construed as an opt in or opt out.

I may have misunderstood, Mr. Means, but I thought I understood you to say that your school and your district had gone to an opt out, and the way I interpret Congressman Tiahrt's legislation is it is an opt in.

Mr. Means. We started with an opt-out program, and because of the flow of paper with students taking it home and maybe not returning it, because the opt out said no, everyone is included until I get a note from the parents saying no, I don't want my child to participate.

If they don't come back, obviously discussion probably didn't even occur at home. If you have the opt in, where the only way the student can participate is the school receiving written consent, then you are erring on the side of caution possibly.

Chairman Riggs. That is the current policy at your school in your district?

Mr. Means. As it pertains to sex and AIDS education programs. That was really one of the most passionate areas that has been an emphasis behind this movement.

Chairman Riggs. Mr. Davis, what is the current policy and law in the State of Texas? And, Dr. Domenech, what is the current policy and practice in the Commonwealth of Virginia and Fairfax public schools with regard to these very sensitive materials? Is it opt out or opt in?

Mr. Domenech. In terms of our curriculum in terms of family education as we refer to it, it is an opt out. Students will be included unless the parents send a note to the school saying that they do not want their child to participate in class or reviewing of films. With access to materials, that is open to everyone. It is not opt out. Everyone is entitled to it.

Chairman Riggs. And that material would be available at the site level?

Mr. Domenech. At the building level, at the district office, and we even make it available in our local libraries.

Chairman Riggs. Mr. Davis, how about Texas?

Mr. Davis. The same way. Basically the same concept. Each district has the option to go either direction.

Chairman Riggs. Very good.

Mr. Payne. Thank you very much.

I just continually have a question about the usurping of Federal guidelines on local school districts, and the right of legal action which this legislation bestows on parents is, I think, already unprecedented in the General Education Provisions Act.

I just have some concern that this provision could be abused and could literally halt the ability of a school district to function. I just wonder how do you see the local school districts none of you feel this usurps Federal jurisdiction over local school districts? You just don't think it is another layer of Federal Government on the local districts?

I just wonder how you interpret when we, as asked the other panel, when we interpret the fact that most of the philosophy is that local is best, we should not have the Federal Government intrude. Then, once again, I get confused with the support of a bill that does have the Federal Government supercede the local school board.

I just wonder, since you are not the Congress people who testified before, maybe we can hear from the local people, how do you see this as intrusive or not intrusive, or the difference of this as opposed to other Goals 2000, other things that you say are imposed on you as local school people?

Mr. Taylor. If I can just respond, I will say that we have got Federal intrusion already, Mr. Payne, with a number of Federal education programs. So this is only provides a very small tool to each and every parent that wants to be able to have access, reasonable access. As to that Federal intrusion, frankly, no matter what kind of a program it would be, but Federal funds that are being used, you know, in the local school district. I see this as this balances it out, so I don't see that this is inconsistent with local control.

Mr. Domenech. Well, Mr. Payne, that is exactly the basis of our testimony, to agree with the statement that you just made, that in essence we do see this as Federal intrusion, unnecessary, that this is primarily the province of the local board of education and certainly the State level but it should not require Federal intervention.

Mr. Davis. Evidently the reason this legislation is being considered, there are some States out there that are not doing what they should be doing in relation to parental involvement. So Texas is already doing this, but we see that we rather see this as a guideline versus a mandate. But we would still like to see this coming about, because we need some equalization in the United States in relation to parental rights and parental involvement.

Mr. Means. I will just maybe echo a little a little of this sentiment, this policy. In some ways the policies of my district are more stringent even than this, and so it would not effect any intrusion. But I am aware that other districts are not at that point yet, and perhaps this legislation could get them to that point more quickly without some of the mistakes and stress that some of these people shared today.

Ms. Delullo. I think the issue that needs to be clarified here, and it was clarified with the drug-free schools issue of money going to textbooks when the Federal Government supplies money for curriculum. I think the issue here is not intrusion. I think the issue is constitutional. I don't think you need any FERPA law to go and receive your constitutional rights in Federal court.

I think what would be intrusive is if the Federal Government would control the content of the curriculum. They are not controlling this bill is not controlling the content. So it is just controlling access to we the people which is I feel is important and as a constitutional issue it would stand. Thank you.

Mr. Reinhard. Yes, I further echo that the ultimate decentralization is not to school boards but to parents. This is parental empowerment. Further, the family, the FERPA law that has just been discussed, if we truly believe that that is Federal intrusion, then maybe we should abandon that law as well. But if we believe in FERPA, maybe we should believe in enforcing it and closing the loopholes that have allowed some of these egregious mistakes to slip through.

Mr. Payne. Now, I agree that there are certain mistakes. I still can't fathom how a Federal Government can do a better job than the local school boards. I certainly think parents need to be more involved. I think that the example of some of these tests that have been shown are outrageous, almost shocking, and I certainly agree with the previous panel that that sort of thing, I don't understand how it could slip through a school district.

But I guess I just have and it is not the people on this panel, it is more with the political leadership of the new majority, and maybe Mr. Taylor could respond, since he is probably the only person that is really involved in public policy and you all are just regular citizens.

The right to sue, for example, we have got legislation out that wants to restrict people's right to sue. You have got legislation that would say, you know, the loser pays; if you sue, you have to pay if you lose, so be careful about suing. And the right that you represent said we should reduce suing, we should the lawyers are just making money here.

This legislation, one of the main components is, in Federal court at that, that the parents should be encouraged to sue. So once again, suing on one hand is wrong or abused. It seems that when policies fit what you want to do, it is less philosophical, I think, than public policy, even.

For example, I cannot understand why everyone shouldn't be outraged you know, these tests are bad and they may harm people psychologically, but what is happening in our country the last several months with 11-year-olds and 13-year-olds taking automatic weapons to the school and killing their schoolmates, shooting their teachers, yet? And still, and that is what I am talking to you about as a policymaker, I have not heard any outcry about banning of assault weapons from your Christian Coalition supporters.

As a matter of fact, you support the right for these children or people to bear arms. So I get kind of confused on issues of life and death, such as gun control, where it is going to eventually. What is wrong with banning weapons, trying to get them out of the hands of people? There are 200 million guns in this country.

Since you are a policymaker, that is the only reason I am asking you the question. The other people, as I mentioned before, they are citizens and not involved in making policy, but you are. I just wonder how you could respond to that. I know it is a little bit it is a problem in schools, and that is the reason that I am raising it.

Mr. Taylor. Mr. Payne, obviously, every member of the Christian Coalition is very upset with the tragedy in Arkansas, Jonesboro, Arkansas and other we have had some copycats, at least one copycat that I am aware of since that incident. I think it does point to partly the breakdown of families, and there is a whole host of reasons that could be explored with that.

We have never taken as far as I know, I am relatively new at the Christian Coalition, as far as I know we haven't really taken a position on guns control. We certainly would not be for children carrying weapons in schools. I think that is I don't think I have to check with Randy Tate to find out whether we would oppose that or not. I think I can step out there and say that with relative confidence.

But just to get back, you know, a little bit to the point of this bill, and also just to clarify a little bit of my testimony, in terms of my example, in terms of the assessment that was used in Massachusetts, I think what I was the reason I was using this particular example is because of the personal questions that were attached to that were a part of this assessment.

I fully am aware that this bill does except standardized tests from its requirement, but at least maybe and maybe this would require a clarification under the Tiahrt bill that questions of a personal nature maybe should be there should still be direct parental consent on a standardized test, so that if students are getting questions about parental behaviors at home or family lifestyles or those kinds of questions, I think that is going beyond the bounds of what an assessment a standardized assessment should be asking without parental consent.

So that was the point that I was trying to make with that particular example in Massachusetts. I don't know if I responded to your question or not, Mr. Payne.

Mr. Payne. You did. That is good. And I don't want you to think that people who oppose this bill are opposed to parental involvement either, you know. So it is on the other side.

Chairman Riggs. Thank you, Congressman Payne. Congressman Scott?

Mr. Scott. Thank you, Mr. Chairman. Mr. Taylor, you have kind of brought up a subject that I am interested in. Would you have to check with Randy Tate to get a position on safety locks for firearms?

Mr. Taylor. It is just we don't take a position on every issue before this Congress, Mr. Scott. Frankly, you gentlemen get paid the big money to have to do that, and frankly we don't do that. We do feel like we have a pretty full plate, and we do weigh in on a lot of issues but we don't weigh in on every issue. That particular issue has not come up in any of the discussions that I have had with Mr. Tate.

Mr. Scott. Okay. How is the proposed Federal bill different from the Massachusetts law which did not grant Mrs. O'Connell access to the information?

Mr. Taylor. Well, as I was trying to explain to Chairman Riggs, frankly, I think before the loophole was created in the Massachusetts law it was a broader a broader FOIA.

Mr. Scott. Wait a minute. And under that broader law, she didn't get the information?

Mr. Taylor. Well, only because the Department of Education was dragging its feet, not because the Secretary of State ruled against her. They ruled in fact in favor for her.

Mr. Scott. How is the language in the bill better than the language already in the GEPA?

Mr. Taylor. I am not sure I understand your question.

Mr. Scott. The language the present law under the Family Education Rights and Privacy Act's provisions already has the provision that no funds should be available to school districts that don't make information available. How is this bill significantly different than what is already in the law?

Mr. Taylor. I am not sure it is significantly different, but I think it does provide some clarifying language because it has been uniformly applied throughout the States. And especially with regards to educational materials, that is mentioned specifically in FERPA, and this would make it clear that curriculum and testing with certain exceptions would be made available, given

Mr. Scott. Is that not in the present law? We will check.

Mr. Means, you indicated that the law that you have in Kansas is actually stronger than the law that is proposed in this bill?

Mr. Means. Well, we have I wasn't referring to a law. We have a district policy.

Mr. Scott. How is the district policy enforced? And if you have an aggrieved parent, what can they do if they don't agree with a decision being made?

Mr. Means. Our district policies, I don't know if you have a copy of this but, one, it defines the policies, and then it gives a list of administrative implementation procedures so that the policy can be consistently applied in each of the 100 buildings in the district.

Mr. Scott. Does the parent have the right to go to Federal court to enforce your policy?

Mr. Means. I don't believe this policy indicates --

Mr. Scott. And does the parent have the right to attorneys' fees paid by the school board if there is a disagreement where they prevail?

Mr. Means. None of these policies directly indicate what the parents' rights are in response to dissatisfaction with the school. We would use kind of a process the other schools or other people that have responded to, you know, visiting with the principal and the superintendent, the Board of Education. But our policy is the way our policy is set up. None of them exactly indicate or specifically dictate what the parents' recourse is and the implementation of that policy.

Mr. Scott. As a principal, would you be would it be a better law or a worse law if all of the parents you disagreed with had the right to go into Federal court to argue about which tests or which piece of information ought to be released? Would it be better or worse for them to have a Federal right of action to sue you on their disagreement?

Mr. Means. Well, I would think I guess my only response to that would be that a process that allows a parent some recourse is going to be a better process than one that does not.

Mr. Scott. You would prefer that the parents have the right the Federal right of action to haul you into Federal court every time they disagreed, and if they win, you pay their attorneys' fees?

Mr. Means. No, I don't think I am saying that. I don't believe that every --

Mr. Scott. Let me ask it another way. Do you support the bill or oppose the bill?

Mr. Means. As a practicing educator in our public school system, I believe this legislation sets out some good ideas that will provide some consistency across the country for districts that don't have these policies or similar policies already in place.

Mr. Scott. Well, I think it has been pointed out that we have a hard job, we actually have to legislate. Do you support the bill or oppose the bill?

Mr. Means. I support what the bill the intent of what the bill is doing, yes.

Mr. Scott. Well, would you suggest we vote for it or defeat it?

Mr. Means. I guess I would not presume to come here and tell you what to do. I am just trying to share with you some information from a district that has had some experience with a similar policy.

Mr. Scott. Okay. Let me ask it one more time. Would it be a better practice or worse practice for the parents that come before you with disagreements to have a Federal right of action to haul you into Federal court every time they disagree? That is what the bill does.

Mr. Means. I understand. I don't know if I am really am have the background maybe to have an opinion on that. If every time a parent disagrees with me no. But I think that

Mr. Scott. That is what the bill does.

Mr. Means. Well, I think that there are you are asking me about my policy and my experience. That is what I am here speaking about.

Mr. Scott. I think we all agree, in general, that this information ought to be released. It is already in the present law. There is some maybe fine-tuning to make it a little clearer, but the bill doesn't do fine-tuning. It gives the Federal right of action for parents who disagree with the decision of the principal to go right into Federal court and sue for information that they didn't get and get attorneys' fees. And I guess you would get hauled into court as a witness in the middle of the school day.

Is that a better or a worse system than the articulated policy that tries to explain it the best so that anybody can understand it, but doesn't have a court action at the end of the process? And which is better, which is more which will create a better relationship between parents and the school administration?

Mr. Means. If part of the legislation requires that I share this information and I choose, for whatever reason, not to, and the legislation then also gives the parent a recourse to hold me accountable for why I am choosing to disregard the directive, then it is better for the parent to have that recourse, I believe.

Mr. Scott. So you would prefer the if you disagree, to argue it in Federal court rather than in the school board and have the school board decision be the final? I mean, you can have it one way or the other.

Mr. Means. My preference would be to resolve obviously, my preference would be to resolve the issue at the building level. But if there is legislation or direction, whether it is a board policy that says I will do this and I choose not to, or one of my children was in school where a staff member was told to do something and they chose not to, then I would expect to have some kind of recourse.

I can't really testify on whether the Federal court is going to be the most effective way of doing it. I don't have that background. I just fail to have that information. But I believe it is important for parents to have some recourse in a situation.

Mr. Scott. Let me ask one other question, with the indulgence of the Chairman. And that is that the bill requires parental permission prior to any medical treatment being given. There are some states, like Virginia, that have specific exceptions to those general laws. And I guess my question is, should we override those State laws with this, which may be in conflict with State laws?

I don't know, maybe the superintendent from Fairfax could say, what would you do if we passed this that said you can't get any Federal money unless you violate the State law? You have to comply with the State law. What would you do in that situation? The exceptions are things like treatment for venereal disease. That is specifically exempted. You don't need parental permission for that in Virginia. How would you deal with that conflict?

Mr. Domenech. Well, it is a conflict. Right now we basically do require at our level parental permission and we have very strict policies in this area, other than in emergency situations. But here again, I think the point that you are making is the point that we are supporting, that this legislation I think would create the opportunities for more litigation.

Frankly, one of the concerns that we have as school administrators and as superintendents is that too much of our time is spent nowadays on issues that have little to do with what happens in the classroom and much more to do with the administration of rules, regulations and laws. I think this is what we are trying to revert to, but having yet another layer on top of local policy, State policy, and now Federal regulations, that would create yet more opportunities for conflict and more opportunities for litigation.

Mr. Scott. Thank you, Mr. Chairman.

Chairman Riggs. Congressman Scott, thank you.

And before I adjourn the hearing, I think it is important to clarify a couple of points that really ensue from some of the comments and questions posed by my colleagues to our witnesses.

It is my understanding that current law applies to surveys administrated or funded by the United States Department of Education. Current law requires parental consent before a student participates in a federally-funded educational survey, analysis or evaluation, and then it goes on to require any instructional material which will be used in conjunction or in connection with any survey, analysis or evaluation be available for inspection by parents or guardians of the children. The fine print defines "instructional material" as teachers' manuals, films, tapes or other supplementary material.

Now, the Tiahrt legislation goes beyond that by guaranteeing parents access to the curriculum their children are exposed to. That would, in guaranteeing access to curriculum, again include textbooks, audiovisual materials, manuals, journals, films or any supplementary materials. It provides parents access to testing materials administered to the children, hence my question about testing, but it excludes standardized achievement tests or any copyrighted material. But that is, I stipulate, a bit of a gray area as you have States beginning to develop their own tests and not necessarily relying on test publishers or off-the-shelf tests.

Lastly, as we have heard today, it requires parental consent, if you will, an opt-in parental consent prior to any student being required to undergo medical, psychological or psychiatric examination, testing or treatment at school, except for emergency care.

The operative word there, for Congressman Scott, is "access." He is a very capable lawyer and a very capable Member of Congress, and he was very persistently questioning Mr. Means, suggesting if there was a disagreement, that a local school district could be sued. Congressman Tiahrt's legislation is clear, it is only in the event of a school district denying a parent access to these materials as broadened or expanded by the Tiahrt Parental Freedom of Information Act.

With that all said, I have to say one thing, just so you don't leave here under erroneous impression from me as Chairman of the Subcommittee. That is, I tend to Congressman Scott's concerns about creating this new tort, this new cause of action where a parent, if they felt they were denied access, could proceed directly to United States District Court.

We did not confer with the Federal Judicial Council prior to today's hearing; but I suspect if we did, we would probably hear from them loud and clear that they do not want more litigation of this nature clogging United States District Courts around the country. I think they probably would consider the first claim and that the priority of those courts is to adjudicate criminal matters involving violations of the United States Code, and then civil matters. This, I have a feeling, would be so far down the list that, again, the Federal judiciary would not want to see these cases brought at the Federal district court level without, of course, ample increased appropriations from Congress or more judges and more courts.

With that all said, I do recognize that all too often parents are treated as inferior, somehow second class citizens. I encountered I have encountered that in my own experience, both as a parent, consumer, public educator, as well as a former school board member and school board president for three years in my home community. I think there are too many school districts around the country that take the approach that the school district, the education establishment I don't mean that in a derogatory sense but knows best or knows better than parents.

This legislation I think would seek to sort of change that equation, and I think Mr. Reinhard put it well. It would empower parents, and lots of what we have done under the heading of educational reform in this Congress and the last Congress, ever since the Republican party became the majority party in the Congress, has been focused on empowering individuals and especially empowering parents.

Congressman Scott, I invoked your name so I don't want to adjourn the hearing without giving you a chance, but I

Mr. Scott. Thank you, Mr. Chairman. You did well.

Mr. Payne. We agree with you.

Chairman Riggs. Let me say to both of my colleagues and, that is, that perhaps the middle ground, as we go forward on this legislation, might be to look at some formal legal mechanism for arbitration or mediation, short of actual, you know, adjudication of these types of claims, which are torts, civil action, because I don't think the United States District Court would welcome this sort of litigation.

With that all said, I want to thank my colleagues. I want to thank our panelists. I want to thank our audience. I have to ask, I see a group of young men in the back and there is

Mr. Scott. They are from Richmond, Virginia. And they are members of a very prestigious organization, Alpha Phi Alpha fraternity, which is, you may not be aware of this, but it is the greatest of all of the Greek fraternities and has many very distinguished members, including the ones that are sitting before you today.

Chairman Riggs. Well, gentlemen, welcome. Well, you are getting to see Congressman Scott and Congressman Payne and our witnesses as well.

Thank you for joining us. Thank you again to our witnesses. The Subcommittee stands adjourned.

[Whereupon, at 12:52 P.M., the Subcommittee was adjourned.]

Robstown's Own Gene Upshaw Addresses The Senate Commerce, Science and Transportation Committee

2007-09-19T02:04:00.000-07:00

NFL Union Asks Congress to Help Improve Its Retirement Benefits

The Senate Commerce, Science and Transportation Committee held a hearing Tuesday to hear testimony from players association director Gene Upshaw, other NFL officials and former players on what many retired players see as the shortcomings of the league's disability benefits. (CQ Photo by Scott Ferrell)
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