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Texas Civil Rights Project Files 82 Motions in Round Rock Municipial Court to Recuse Bailiff for Derogatory Ethnic Comment in High School Immigration Protest Cases

25 Local Attorneys Volunteer Services in Student Criminal Curfew Trials

The Texas Civil Rights Project has filed a motion in each of 82 Round Rock municipal court case to recuse Bailiff Richard Kobel for derogatory ethnic comments he made during the May 16 arraignment of student protestors, charged with curfew violations during their peaceful immigration demonstrations on March 30-31.

The motions include an affidavit by Michael Rodriguez, a TCRP assistant, that, in his presence, Bailiff Kobel recounted to a Round Rock police officer that, when Mr. Kobel was himself a police officer, the Hispanic people in Round Rock would flee when they saw his police car. Kobel then stated “Of course, in those days we also referred to them as wetbacks.”

TCRP Director Jim Harrington said “this kind of slur represents the biased law enforcement against minority persons that undermines public confidence in equal access to justice in Williamson County in Round Rock. These comments not only are offensive, especially by a court officer, but are particularly loathsome when the students in these cases are Hispanic or supporters of a Hispanic-identified issue, immigration reform.

This may explain why Round Rock is the only city in Texas to criminally prosecute students over the nationwide immigration protests and, even worse, prosecutes them, even under an ordinance that has a specific First Amendment exception for demonstrations, which applies to the students. And at enormous expense to local taxpayers in the hundreds of thousands of dollars. ”

The motions note that “Misconduct by [a bailiff] compromises the impartiality of court proceedings…. Bailiffs are responsible for escorting the jury in and out of the courtroom and stand in proximity to the jury, parties, judges, and witnesses. A bailiffs official status carries great weight with a jury. Any misconduct creates prejudice that can damage due process…. Kobels biased public remarks reflect a lack of discretion that raises the probability of continued impropriety in the presence of the parties, the judge, and the jury at trial.”

TCRP also announced 25 local attorneys have volunteered to represent the students at their criminal trials, which begin, one-by-one, on June 30. Harrington said, “Ive never seen such a widespread offer of help from attorneys, volunteering their time. I think it reflects a sense of anger that Round Rock is prosecuting these cases. We are grateful for the number of attorneys who have come forward to help protect and defend the First Amendment in Round Rock. The Round Rock authorities need to learn their city is not a “de-constitutionalized zone.”

See: Press Release @Texas Civil Rights Project

By Eva DeLuna and Scott McCown
Center for Public Policy Priorities

Some may be shocked that in less than a month’s time, Texas has gone from having an $8 billion “surplus” to considering 10 percent almost-across-the-board cuts—about $3 billion in General Revenue.
The reason is the huge gap between the spending side of what the Legislature approved in the special session ($23 billion more in state funds for K-12 from 2007 to 2009, most of it to pay for local property tax cuts) and what it raised in new revenue ($8.8 billion from 2007 to 2009).

Filling the $14 billion hole dug in the special session entirely wipes out the so-called surplus and still requires finding another $6 billion. Part of this $6 billion will come from revenue growth. However, if revenue growth is not enough, and it most certainly will not be, unless the Legislature raises taxes, it will have to cut services.

Some of these vital public needs will go unmet. The cost of other needs will be shifted. College students may have to pay higher tuition. Cities and counties will undoubtedly have to spend more.

Budget instructions issued by the Legislative Budget Board (LBB) and the Governor’s Budget Office on June 2 call for 10 percent reductions in General Revenue-related spending as a starting point for the 2008-2009 draft budget. The instructions make some important exceptions: “amounts necessary to maintain public education funding based on legislative action, satisfy debt service requirements for existing bond authorization, maintain caseloads for federal entitlement services, and maintain adult prison populations.” These exceptions, however, are narrower than previous budget instructions and leave Texas facing serious cuts.

For example, the budget instructions do not allow for funding:

–School finance equity;

–Medicaid budget increases needed to cover higher health care costs or utilization;

–Public university and community college enrollment growth;

–Inmate growth and higher costs in adult and youth corrections systems;

–The Children’s Health Insurance Program, Child Protective Services (CPS) funding other than foster care or adoption subsides, child care subsidies for working poor families, and any other social service that is not an entitlement; and

–State employee health insurance, pension, and other staff benefit cost increases. Instead of budgeting for these important services, state agencies will first have to cut budgets by 10% and then ask the Legislature to fund “exceptional” items.

Once again, as has been the case since 1991, legislators will not get a true picture of what a “current services” state budget would really require, one that takes into account population and inflation growth in 2008-09 of almost 8 percent. Even if they got a true picture, however, they have no money to fund current services, much less make needed investments in public education, higher education, public safety, or health and human services.

Cutting taxes in a low-spending, high-need state was, as it turns out, very shortsighted.

See Center for Public Policy Priorities, Statement of June 7, 2006

Entries below collect key docs related to a border enforcement program called Operation Linebacker, which has now become the subject of a civil rights lawsuit.

Readers are encouraged to begin with Scott Henson’s early warning in April. See: Grits for Breakfast. Then come back and see us, y’hear?

FOR IMMEDIATE RELEASE
May 22, 2006

Senator Juan “Chuy” Hinojosa asks Governor Perry to Develop Policy for Operation Linebacker

AUSTIN — State Senator Juan “Chuy” Hinojosa sent a letter to Governor Rick Perry asking that he develop a policy regarding the appropriate use of funds for Operation Linebacker.

Senator Hinojosa, who is chair of the Senate Hispanic Caucus, is concerned that a sheriff in El Paso County who is participating in the Operation Linebacker program is not following Texas law.

“I am concerned both by recent immigration raids conducted by Sheriff Leo Samaniego in El Paso County and by confirmed reports that the sheriff is setting up roadblocks and asking vehicle occupants for driver’s licenses, car insurance information and social security cards,” Senator Juan Hinojosa wrote in the letter.

” These raids and roadblocks are questionable in legality, and may give rise to civil rights lawsuits against Texas…I am asking you to develop a policy regarding the use of funds received under your border initiative — Operation Linebacker.”

Governor Perry has provided nearly $10 million to Operation Linebacker since December 2005.

Operation Linebacker is an initiative developed by the 16-member Texas Border Sheriff’s Association. The grants provide manpower, specialized equipment and planning resources to border-area law enforcement.

Senator Eliot Shapleigh, D-El Paso, became concerned about the intent of Operation Linebacker after community leaders contacted him about citizens being allegedly targeted in raids and roadblocks because of their race.

“As immigration issues hit border states, we must fight to ensure that the civil rights of Border citizens are guaranteed,” Senator Shapleigh said. “To arrest or detain a citizen based merely on the color of the skin is a violation of our constitution.”

In the letter, Senator Hinojosa also raised the concern that a “raid and roadblock” approach will undercut the ability of local law enforcement to ensure the public’s safety because it discourages both legal and illegal immigrants from seeking help from the police.

Will Harrell, Executive Director of the American Civil Liberties Uni-n (ACLU) of Texas, said his office is investigating the raids and roadblocks for possible litigation.

“Sheriff Samaniego swore to uphold the Constitution and laws of Texas. Instead, he’s gotten swept up in the anti-immigrant hysteria. This “raid and roadblock” practice is illegal, wasteful of law enforcement resources and is an exercise in utter misguided judgment,” said Will Harrell. “Samaniego should be ashamed and El Paso voters should take action. For a high level law enforcement official to place personal bias and political aspirations above the rule of law this way is a disheartening disgrace and makes a mockery of the law enforcement community as a whole.”

Counties participating in Operation Linebacker are Brewster, Cameron, Culberson, Dimmit, El Paso, Hidalgo, Hudspeth, Jeff Davis, Kinney, Maverick, Presidio, Starr, Terrell, Val Verde, Webb, and Zapata.

The Linebacker funds are distributed through the federal Edward Byrne Memorial Justice Assistance Grant (JAG) Program, which is administered by the Governor’s Criminal Justice Division (CJD).