Saturday, March 3, 2007

Google Yourself Corpus Christi: ... ROB EISSLER,, CHUY HINOJOSA, DAVID DEWHURST, KAY BAILEY HUTCHISON, SOLOMON ORTIZ SR AND JP COURTS OF INJUSTICE

Justice of the Peace Courts' Jurisdiction in Criminal Proceedings "do not include confinement"

Dear State Representative Solomon P Ortiz Jr.,

As South Texas and HD #33 remain in anticipation of your response to the email communication regarding Texas Education Code 25.093 specifically and the Texas Education Code 25, another issue has been brought to my attention regarding the JP Courts Jurisdiction in Criminal Proceedings that are punishable by fine only

This is the preface of the JP Court illustrated below in the image entitled Court Structure of Texas according to The Official Website of Texas Courts

Court Structure of Texas


And also according to the The Handbook of Texas Online

Justice of the Peace Courts have jurisdiction over criminal offenses that are
punishable by fine only, and over civil cases in which the amount in
controversy is small (not more than $5,000 in 1995).


CODE OF CRIMINAL PROCEDURE


TITLE 1. CODE OF CRIMINAL PROCEDURE


CHAPTER 1. GENERAL PROVISIONS


Art. 1.051. RIGHT TO REPRESENTATION BY COUNSEL.

(c)  An indigent defendant is entitled to have an attorney
appointed to represent him in any adversary judicial proceeding
that may result in punishment by confinement and in any other
criminal proceeding if the court concludes that the interests of
justice require representation.
Except as otherwise provided by
this subsection, if an indigent defendant is entitled to and
requests appointed counsel and if adversarial judicial proceedings
have been initiated against the defendant, a court or the courts'
designee authorized under Article 26.04 to appoint counsel for
indigent defendants in the county shall appoint counsel as soon as
possible, but not later than the end of the third working day after
the date on which the court or the courts' designee receives the
defendant's request for appointment of counsel. In a county with a
population of 250,000 or more, the court or the courts' designee
shall appoint counsel as required by this subsection as soon as
possible, but not later than the end of the first working day after
the date on which the court or the courts' designee receives the
defendant's request for appointment of counsel.


Please note the limitation operatives under Art. 4.11
JURISDICTION OF JUSTICE (JP) COURTS.

"not consisting of confinement or imprisonment"

and

"do not include confinement"


CODE OF CRIMINAL PROCEDURE


CHAPTER 4. COURTS AND CRIMINAL JURISDICTION


Art. 4.11. [60] [106] [96] JURISDICTION OF JUSTICE
COURTS. (a) Justices of the peace shall have original jurisdiction
in criminal cases:
(1) punishable by fine only or punishable by:
(A) a fine; and
(B) as authorized by statute, a sanction not consisting of
confinement or imprisonment; or
(2) arising under Chapter 106, Alcoholic Beverage Code,
that do not include confinement as an authorized sanction.
(b) The fact that a conviction in a justice court has as a
consequence the imposition of a penalty or sanction by an agency or
entity other than the court, such as a denial, suspension, or
revocation of a privilege, does not affect the original
jurisdiction of the justice court.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.
Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 4, eff. Sept. 1,
1991; Acts 1995, 74th Leg., ch. 449, Sec. 1, eff. Sept. 1, 1995;
1997, 75th Leg., ch. 533, Sec. 1, eff. Sept. 1, 1997; Acts 1997,
75th Leg., ch. 1013, Sec. 38, eff. Sept. 1, 1997.


However, the Justice Courts are punishing by confinement.

The Justice Courts are not appointing Attorneys for indigent defendants involved in adversarial judicial proceedings that are resulting in punishment by confinement.

In Nueces County, the Justice of the Peace Judges are not licensed
attorneys nor is the Justice Court a Court of Record Court.

A Court of Record is defined as:

  • A court in which the proceedings are recorded, transcribed, and maintained as permanent records.
    brandonlclark.com/glossary.html
  • A court whose acts and proceedings are recorded and preserved.
    www.courts.mo.gov/osca/index.nsf/0/8b69295b674dde2186256e15004ea27f
  • In common law jurisdictions, a court of record is a court that keeps permanent records of its proceedings. Judgments of a trial court of record are normally subject to appellate review. In many jurisdictions, all courts are courts of record. In many jurisdictions, courts that have the power to fine or imprison must be courts of record.
    en.wikipedia.org/wiki/Court_of_record

  • There is no recourse.

    There is no accountability.

    One other issue is the counting of a certain number of tardies as an absence and the absence is counted towards a truancy absence. There is not a provision for this illegal manipulation so as to prosecute. This prosecution under 25.093 and 25.094 can be easily proven if necessary.

    To quote a Nueces County District Judge, "Justice Delayed is Justice Denied" as our HD #33 Representative we ask for emergency intervention and reform of this bad law. This is an appeal to you from South Texas. Do we really need to collect letters and signatures for our South Texas Delegation to take immediate action?

    Respectfully,

    Anton S Haley

    Labels: , , , , , ,



    Dear Texas Public Education Committee Chairman: the Honorable Rob Eissler,

    Posted on February 18, 2007 at 00:50:12 AM by Jaime Kenedeno

    Saturday, February 17, 2007
    When a minor is allowed to run at large during the school day hours, It is irresponsible of the caretaker whose custody in which a child is placed

    I am speaking to the distinguished Gentleman from Montgomery County,

    The Honorable Rob Eissler,

    It is expected, we demand it and we are very angry. We are Angry Parents and Children allover the Great State of Texas. We will bring Texas to your front porch should the ignorance continue. Start paying attention to the people, the families who are enduring the legislation mistakes created no doubt in good faith but have gone awry. Ask the South Texas Delegation about South Texas and they will tell you dont mess with South Texas and dont go against Los Kenedenos when they know and believe they are right and just in a cause. This is one of those causes. I promise.

    Education is for our Children, our Youth, our Future. Children and Youth need constant redirection and set boundaries at home and at school as well. When a minor is allowed to run at large during the school day hours whether it is in the halls, leaving or returning a closed campus or simply unaccounted for is irresponsible of the caretaker whose custody in which he / she is placed. it is of the most primary of concerns to find out where the hell he is and where the hell he was and as a Principal / Educator it is happening on his watch. Fining parents who require their children to attend school is unjust and destructive; as they ENTRUST their children's direction well being and safety to the custody of a School Campus Administration.

    http://robeissler.blogspot.com/2007/02/when-minor-is-allowed-to-run-at-large.html

    Saturday, February 24, 2007

    National LULAC issues "gag order" on speaking to the media. It is too late as Grandfather Clause applies

    Subject: Border Patrol Issue
    NOTICED YOU WERE NOT ON THE EMAIL LIST....SO i AM COPYING YOU..
    Dear Board Members,
    Today our National Board met via a conference call regarding the resolution which was passed at our State Board meeting this past weekend. The resolution referenced our position regarding two Border Patrol Officers. As you recall, we do not endorse thier actions but mainly question the serverity of the punishment and asked for a pardon.
    After much discussion it was voted by the National Board to enforce a "gag order" on all members of the organization, not only our Texas LULAC members, regarding speaking to the media on this issue. If a member of the media calls you please refer them to the National Office.
    Please do not feel that our efforts were in vain because part of the end result is now that the National Office is going to move on looking into this type of sentencing with our Legislators in Washington. The smallest victory in the midst of a defeat, no matter how small, is still a victory. Hold you heads up high as proud Texas LULAC members and know that we did the right thing.
    Please make sure that all of the councils in your district abide by our National Board's decision and let us now move on to other issues that effect Texas.
    Thank you again for all of your continued support.
    Roger C. Rocha, Jr.
    State Director - Texas LULAC

    Saturday, February 10, 2007

    St Rep Abel Herrero REGULATING USE OF TEXTBOOKS be used for a period of at least 3 yrs

    Good Bill by St Rep Abel Herrero REGULATING USE OF TEXTBOOKS be used for a period of at least 3 yrs
    Posted on February 11, 2007 at 04:00:54 AM by Jaime Kenedeno

    80R4575 KEL-D

    By: Herrero H.B. No. 960







    A BILL TO BE ENTITLED

    AN ACT
    relating to a policy regulating the use of the textbooks required
    for certain courses offered by public institutions of higher
    education.
    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    SECTION 1. Subchapter Z, Chapter 51, Education Code, is
    amended by adding Section 51.969 to read as follows:
    Sec. 51.969. POLICY REGULATING USE OF TEXTBOOKS REQUIRED
    FOR CORE CURRICULUM COURSES. (a) In this section:
    (1) "Core curriculum" has the meaning assigned by
    Section 61.821.
    (2) "Governing board" and "institution of higher
    education" have the meanings assigned by Section 61.003.
    (b) The governing board of each institution of higher
    education that offers courses in the core curriculum shall adopt a
    policy that regulates the use of the textbooks required for the core
    curriculum courses at that institution. The policy:
    (1) must encourage a faculty member to teach a core
    curriculum course using the same required textbooks and the same
    editions of those textbooks to the extent practicable from one
    academic year to the next;
    (2) must require that, absent good cause for a change
    as determined by the governing board on application of the
    appropriate faculty member, department, or school, the same
    required textbook and textbook edition, or required textbooks and
    editions, as applicable, be used for a period of at least three
    academic years in a specific section of a core curriculum course or
    in a specific core curriculum course that does not have sections,
    regardless of how frequently the institution offers the section or
    course during that period; and
    (3) may provide that, as applied to any specific
    section or course, the period described by Subdivision (2) may
    include one or more academic years occurring immediately before the
    policy takes effect.
    (c) Subsection (b)(2) does not apply to a textbook
    recommended but not required by the faculty member for a core
    curriculum course.
    (d) For purposes of Subsection (b)(2), good cause for
    changing the textbook requirements for a section or course includes
    ensuring that textbooks and textbook editions reflect significant
    advances in knowledge or technology affecting the subject matter of
    the section or course.
    (e) The governing board must determine whether good cause
    exists for changing a textbook requirement not later than the 90th
    day after the date the application for the change is submitted to
    the board by a faculty member, department, or school.
    (f) The governing board shall seek advice and comment from
    faculty and students at the institution before adopting a policy
    under this section.
    (g) The governing board shall make the policy available to
    the public by publishing the policy in the institution's catalog
    and by any other method the board considers appropriate.
    (h) The governing board shall file a copy of the policy
    adopted under this section, and any amendments to that policy, with
    the Texas Higher Education Coordinating Board.
    SECTION 2. Not later than January 1, 2008, for a period of
    one or more academic years beginning with the 2008-2009 academic
    year, each governing board of an institution of higher education
    shall adopt the policy required by Section 51.969, Education Code,
    as added by this Act, for that institution, and not later than
    August 1, 2008, shall file a copy of the policy with the Texas
    Higher Education Coordinating Board.
    SECTION 3. This Act takes effect September 1, 2007.


    Jaime Kenedenos message to the Vatican: Apologize & Do the right thing!