E2152 CONGRESSIONAL RECORD — Extensions of Remarks December 6, 2004 was honored by The American Heart Associa- RECOGNIZING SPENCER COPE FOR H.R. 5107, THE JUSTICE FOR ALL tion and received its Lifetime Achievement ACHIEVING THE RANK OF EAGLE ACT Award. SCOUT Dr. Marvin Kirsh is also an accomplished HON. TOM DeLAY writer and has authored and co-authored more HON. SAM GRAVES OF TEXAS than 200 published articles on cardiology and OF MISSOURI IN THE HOUSE OF REPRESENTATIVES cardiothoracic surgery and contributed to the IN THE HOUSE OF REPRESENTATIVES Monday, December 6, 2004 works of nearly two dozen other authors. One Monday, December 6, 2004 Mr. DELAY. Mr. Speaker, on behalf of my- of his best-known works is ‘‘Blunt Chest Trau- Mr. GRAVES. Mr. Speaker, I proudly pause self and Representatives SMITH and CARTER of ma’’, published in 1997. to recognize Spencer Cope, a very special Texas, I would like to include the attached let- Because of the dedication, devotion and young man who has exemplified the finest ter from the Texas Task Force on Indigent De- skill of Dr. Marvin Kirsh, the lives of hundreds qualities of citizenship and leadership by tak- fense regarding H.R. 5107, the Justice For All of military veterans have been touched. ing an active part in the Boy Scouts of Amer- Act (P.L. 108–405), into the CONGRESSIONAL Mr. Speaker, I ask that you and all my col- ica, Troop 180, and in earning the most pres- RECORD. This letter responds directly to a leagues rise and join me in honoring Dr. tigious award of Eagle Scout. statement found on page S11609 of the No- Marvin Kirsh and his legacy of surgical excel- Spencer has been very active with his troop, vember 19, 2004 CONGRESSIONAL RECORD. lence. participating in many scout activities. Over the The mission of the Texas Task Force on In- many years Spencer has been involved with digent Defense is to promote justice and fair- ness to all indigent persons accused of crimi- f scouting, he has not only earned numerous merit badges, but the respect of his family, nal conduct, including juvenile respondents, peers, and community. as provided by the laws and constitutions of TRIBUTE TO MARTIN J. ‘‘HOOT’’ the United States and Texas. The Task Force MCINERNEY Mr. Speaker, I proudly ask you to join me in commending Spencer Cope for his accom- was created by state law, the Fair Defense Act of 2001, and took effect on January 1, plishments with the Boy Scouts of America 2002. Since its implementation, the Task HON. JOE KNOLLENBERG and for his efforts put forth in achieving the Force has awarded over $30 million to 250 highest distinction of Eagle Scout. counties in Texas in furtherance of its mis- OF MICHIGAN f sion to improve legal representation for indi- IN THE HOUSE OF REPRESENTATIVES gent persons accused of crimes. HONORING JENNIFER HAMMER TEXAS TASK FORCE Monday, December 6, 2004 ON INDIGENT DEFENSE, HON. TOM DAVIS Austin, Texas, December 1, 2004. Mr. KNOLLENBERG. Mr. Speaker, I rise OF VIRGINIA Re H.R. 5107, the ‘‘Justice For All Act’’— today to pay tribute to Martin J. ‘‘Hoot’’ IN THE HOUSE OF REPRESENTATIVES Congressional Record page S11613. McInerney, recipient of the St. Joseph Mercy Monday, December 6, 2004 Hon. TOM DELAY, Oakland Hospital Man of the Year Award and U.S. House Majority Leader, Distinguished Community Service Award. Mr. TOM DAVIS of Virginia. Mr. Speaker, I The Capitol, Washington, DC. Known for his kindness and infectious per- rise today to honor the life of Jennifer Hammer Hon. LAMAR SMITH, Rayburn House Office Building, sonality, Martin J. ‘‘Hoot’’ McInerney is also of Northern Virginia, a friend and neighbor who passed away after succumbing to a Washington, DC. known throughout the metro-Detroit area as a Hon. JOHN CARTER, successful car dealer and philanthropist, sup- three-year battle with Ovarian Cancer in No- vember 2004. Cannon House Office Building, porting numerous charities on a local, national Washington, DC. Mrs. Hammer’s courage and resilience and international level. DEAR REPRESENTATIVES DELAY, SMITH, & should serve as an inspiration to us all. De- CARTER: In response to an inquiry last week Hoot was born and raised in Detroit. He spite her health, she remained an active mem- regarding the statements made by Mr. Leahy began his career in the automobile industry as ber in her community. She volunteered at her in his statement on November 19, 2004, I am a young boy working for an auto dealership, children’s schools and participated in the 350- offering the following for clarification of being paid fifty cents a week to keep the coal mile AIDS bicycle ride from North Carolina to what I believe is the current state of indi- furnace stoked over cold weekends. In 1963, the National Mall. Mrs. Hammer worked hard gent defense in Texas. I commend the goals of this bill and the Chrysler offered Hoot his first dealership. to train, but was most concerned about the cri- Forty-one years later Hoot has become a suc- willingness of Congress to provide States teria to raise $1,700 in order to participate. In much needed money in the criminal justice cessful businessman owning numerous car the end, she raised over $4,000 and finished arena. Since the reforms to Texas indigent dealerships in the metro-Detroit area. The the four-day ride with energy to spare. defense laws known as the Texas Fair De- former U.S. Marine is still known to ‘‘hang out’’ On Election Day, Mrs. Hammer voted on the fense Act were originally enacted in 2001, the at his Star Lincoln Mercury dealership in way to what would be her final surgery. She Task Force on Indigent Defense, the Texas Southfield, Michigan. was so weak that the voting officials had to judiciary, arid local government have worked diligently to meet and exceed the Hoot helped to establish the St. Joseph bring a voting machine to the car for her. She thanked them and then left for the hospital. mandates of this reform. This reform was Mercy Men of Mercy in 1974. He is also one hailed by Robert Spangenberg, a leading na- of the founders of the J.P. McCarthy Founda- Mrs. Hammer touched many lives and is tional expert on indigent defense as, ‘‘the tion, in honor of the late and renowned radio survived by her beloved husband Tom and most significant piece of indigent defense personality who was diagnosed with and suc- children Adam and Samantha. Over Thanks- legislation passed by any state in the last cumbed to myelodysplastic syndrome. He is giving weekend, when many friends were out twenty years.’’ also a generous donor to several Catholic of town for the holiday, almost 600 people Nevertheless, the key to meaningful re- churches and schools in the metro-Detroit came to a memorial service to celebrate her form lies in implementation. In that regard, Mr. Bill Beardall, Director of the Equal Jus- area as well as churches and schools in Hon- life. Mrs. Hammer showed us how to enjoy life tice Center, and leading advocate of indigent duras, Nicaragua and the Sisters of Mary in reform in Texas recently said that, Omaha, Nebraska. in the good times and be positive and full of ‘‘[S]ignificant indigent defense improve- abundant grace in the worst of times. She was ments were implemented both at the state In addition, Hoot supports Focus: HOPE, at peace in the end because of her faith in Operation Read, the Dave Thomas Founda- level and in most of Texas’s 254 counties in God and because she knew that she lived response to the new law.’’ tion for Adoption, Purple Rose Theater, fully while on earth. Jennifer made a huge im- Worth noting is that Mr. Spangenberg Friends of Golf, St. John’s Men’s Guild, An- pact on many and was loved by all. Our lives served as the primary author of the Fair De- gel’s Place, the National Football Fund and were better for having known her, and we will fense Report, which influenced the passage of Stewards of Tomorrow. continue to draw inspiration from her strength the Fair Defense Act. In response to the progress made by Texas, he states: ‘‘In three Mr. Speaker, Hoot McInerney is deserving and compassion. short years, the Task Force has used the of this recognition for his humanitarian and Mr. Speaker, in closing, I would like to pay limited funding provided to mandate that volunteer efforts. His dedication to helping oth- tribute to the life and work Mrs. Hammer, and each county has an indigent defense plan on ers has made a significant difference in the express my deepest condolences to all who file. Moreover, these plans are posted elec- lives of many people. knew and loved her. tronically and viewable by anyone. This in

VerDate Aug 04 2004 03:02 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A06DE8.030 E06PT1 December 6, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E2153 itself is significant in that what was for- The Nine Administrative Judicial Regions Defense Act and for future improvements to merly a closed process is now open to public are responsible for the development of quali- indigent defense procedures statewide. scrutiny. Also significant is the fact that fications and standards for counsel in death Thank you for considering my views. If these are countywide plans, thus providing penalty cases. Notwithstanding the Texas you need any further information, feel free greater uniformity than before when prac- Defender Service report referenced by Mr. to contact me or any member of the Task tices varied from judge to judge. From what Leahy in his testimony, the nine administra- Force. We are at your disposal to build on I’ve seen, the Task Force has successfully tive presiding judges take very seriously the successes all Texans have experienced built bridges with county government and their responsibilities under Texas law. since the passage of the Fair Defense Act. leading advocate and public interest groups Through officially published standards and Sincerely, for meaningful collaboration and significant qualifications and a thorough screening JAMES D. BETHKE, reform.’’ process, they ensure that only the most ca- Director, Task Force on Indigent Defense. The following are some of the highlights of pable and competent attorneys are appointed f what Texas’s courts, counties, and Task in death penalty cases. Force have accomplished. The report that Mr. Leahy relies on was RECOGNIZING LUKAS JOHNSON More Indigent Defendants Receiving Court criticized by many criminal justice stake- FOR ACHIEVING THE RANK OF Appointed Counsel—In 2002, 278,479 persons holders in Texas. I was disappointed with the received court appointed counsel. In 2004, secretive and surprise tactics utilized by the EAGLE SCOUT 371,167 persons received court appointed authors in its preparation. No Task Force counsel. This represents a 33% increase while members or staff were consulted prior to the HON. SAM GRAVES all criminal case filings are up only 8%. report’s publication. More significantly, the OF MISSOURI Courts and local government are taking nine administrative judges were not con- their responsibilities seriously. sulted regarding its preparation or its find- IN THE HOUSE OF REPRESENTATIVES Public Access—Every indigent defense plan ings prior to its release. For a Dallas Morn- Monday, December 6, 2004 (adult and juvenile) and every county’s indi- ing News article regarding this report, I gent defense expenditures are posted elec- noted the report’s lack of methodology and Mr. GRAVES. Mr. Speaker, I proudly pause tronically and available to anyone with ac- stated that the report’s conclusions ‘‘may be to recognize Lukas Johnson, a very special cess to the Internet. In addition, all model a matter more of form over substance.’’ John young man who has exemplified the finest forms, procedures, and rules promulgated by Dahill, general counsel for the Texas Con- qualities of citizenship and leadership by tak- the Task Force are available online at ference of Urban Counties and a former Dal- www.courts.state.tx.us/tfid. ing an active part in the Boy Scouts of Amer- las County prosecutor, was more blunt. ‘‘It ica, Troop 180, and in earning the most pres- In response to Task Force recommenda- just riles me to no end that the Texas De- tions, judges across the state have submitted fender Service and the Equal Justice Center tigious award of Eagle Scout. amendments to bring indigent defense plans didn’t bother to inquire of people with Lukas has been very active with his troop, into compliance with the law. Also, every in- knowledge in each of these counties,’’ he participating in many Scout activities. Over the digent defense plan has been reviewed by the said. Counties generally follow the regional many years Lukas has been involved with Task Force and is in accordance with the plan for appointment of counsel in capital Scouting, he has not only earned numerous law. cases, he said, and Dallas County follows the Accountability—Because of centralized merit badges, but the respect of his family, plan of the first administrative judicial re- oversight of plan submission, the judiciary is peers, and community. gion. That region covers 34 counties in accountable to the Task Force. County offi- Mr. Speaker, I proudly ask you to join me in northeast Texas. cials are accountable to the Task Force Judge John Ovard of Dallas, who presides commending Lukas Johnson for his accom- through expenditure reporting and because over the 1st administrative region, said he plishments with the Boy Scouts of America of receipt of state grants. Prior to this act had not had a chance to read the report but and for his efforts put forth in achieving the each county and court in Texas was left to said the county’s failing grade surprised him. highest distinction of Eagle Scout. its own means on how to provide these serv- ‘‘We’re in compliance with the task force ices. f . . . which is the primary state agency we re- Training and Outreach—Each year since 2001, the Task Force and staff have provided port to,’’ he said. ‘‘I certainly am interested HONORING CHRISTIAN BROTHERS presentations across the state to 1,200 or in looking at it and see why they came to ACADEMY’S CLASS AA FOOT- more judges, county commissioners, defense those conclusions.’’ BALL STATE TITLE Task Force staff meets quarterly with the attorneys, county employees, and other 9 Administrative Presiding judges. The Task criminal justice stakeholders on their re- Force provides administrative assistance to sponsibilities and on the responsibilities of HON. JAMES T. WALSH the 9 Administrative Judicial Regions in the State regarding effective indigent de- OF NEW YORK posting the lists of standards and attorneys fense representation. One program of par- IN THE HOUSE OF REPRESENTATIVES qualified for appointments in electronic for- ticular interest was designed specifically for mat readily available to anyone in Texas. State district trial judges who hear capital Monday, December 6, 2004 This collaborative effort is not mandated by offenses. This program was sponsored by the State law but is being done at the request of Mr. WALSH. Mr. Speaker, I rise today to Center for American and International Law the 9 Administrative Presiding judges to en- pay tribute to an extraordinary group of ath- in Plano, Texas on August 19–20, 2004. letes, the Christian Brothers Academy’s foot- Spending Up Almost 50% Since 2001—The sure that this process is open to the public State and counties have significantly in- and administered consistently across the ball team. CBAS captured its first State title in creased expenditures for indigent defense State. Class AA, the state’s largest classification for services statewide to improve the quality of Summary—For the first time in Texas his- any Section 3 team in the history of the tour- counsel appointed to represent the poor. tory the State is providing oversight, fiscal nament. assistance, and technical support to local In 2001, counties expended approximately The 41 to 35 victory was a nail biting, come- $92 million on indigent defense services with- government and courts to improve the deliv- ery of indigent defense services. All 254 coun- from-behind win lead by Coach Joe out any state assistance. In 2002, county and Casamento, senior Greg Paulus, senior Lavar state spending together reached approxi- ties in Texas are in compliance with the mately $107 million—$15 million more than state reporting requirements. Each indigent Lobdell, senior Bruce Williams, senior Brian was spent in 2001. In 2003, county and state defense plan in Texas has been reviewed by Bojko and senior Erik Estabrook. While these spending together amounted to approxi- the Task Force to ensure it provides for individuals paved the way to victory in the final mately $130—$38 million more than was prompt appointment of qualified counsel and game of the season, the entire CBA football spent in 2001. And, the most recent reports reasonable compensation for appointed coun- roster is responsible for the 2004 flawless suc- for FY04 reveal county and state spending sel. Since the passage of the Fair Defense Act, staff has provided presentations across cess. They and their families who offer daily together totaled approximately $137 mil- support deserve special recognition. lion—$45 million more than 2001. All in all the state to more than 4000 judges, county since the Fair Defense Act passed the State commissioners, defense attorneys, county Lavar Lobdell, Erik Estabrook, Bruce Wil- and counties are expending almost 50% more employees, and other criminal justice stake- liams, Matt Kinnan, Greg Paulus, Max than they did prior to the Fair Defense Act. holders on their responsibilities and the re- Greenky, Peter Giordano, Joe Nicoletti, Mike Neither the State nor the counties are abdi- sponsibilities of State regarding effective in- Paulus, Jim Chapman, Matt Halliday, Greg cating their responsibilities—to the con- digent defense representation. The key Khanzadian, Jovon Miller, Steve Peltz, Joe trary, the State and counties are providing criminal justice stakeholders in Texas are Losurdo, Adam Drescher, Mike Kenien, Al- being trained and the Texas system has im- their best efforts to secure additional rev- fonso Merola, Ricardo Donalson, McKenzie enue sources as well as implementing proc- proved dramatically since the passage of this ess changes to ensure tax payers receive the law. Furthermore, in what may be its great- Mathews, Jim Brennan, Austin Merola, Brian most value possible for their tax dollars. est achievement, the Task Force has created Bojko, Greg Hadley, Dario Arezzo, Mike Suits, Nine Administrative Judicial Regions an efficient and collaborative infrastructure Pat McNamara, Tim Bobbett, Evan Mazur, Jon Working Collaboratively with Task Force— for continuing implementation of the Fair Knaust, Dan Delluomo, Andy Bongiovanni,

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