Civil Liberties Reporter The Quarterly Publication of the Texas Civil Liberties Union

SPRING 1988 AUSTIN, TEXAS

LaMarche to Step Down South Texas Project Scores Victory on Material Witnesses, as TCLU Executive Director Files Field Sanitation Suit Gara LaMarche,TCLU Executive Director since 1984, will step The TCLU's South Texas Project won an important advance in down from the post at the end of July. its work for justice in the Rio Grande 'Valley, when Federal Judge LaMarche stated that his four years as TCLU Executive Director Ricardo Hinojosa ruled in April in favor of the Project's position had been "the most rewarding of his life," and that he "prepared in favor of depositions, not detention, for material witnesses in to leave with a strong sense of accomplishment." During his criminal cases. tenure the TCLU's membership and budget have grown by more According to Project Director Carter White, many people are than one-third, and the organization has maintained a strong arrested and detained solely as material witnesses in South Texas presence in the Texas Legislature and — as many as sixty at one time. The average period of detention through fifteen chapters around the for these witnesses is three to six months. The vast majority of state, playing a key role in issues of these cases are prosecutions for alien smuggling in which from censorship, workplace privacy, police two to ten witnesses are detained until the trial date. The accused practices, reproductive freedom and smuggler is often a U.S. citizen or legal resident alien who is gay rights. released on bond pending the trial. The majority of defendants In accepting LaMarche's resigna ultimately plead guilty, and the witnesses are released without tion, TCLU President Rod Schoen testifying, many times serving more time in jail than the accused of Lubbock wrote,"That you achieved smuggler. As the enforcement of the employer sanctions provision of so much in so short a time with so the new immigration law increases, it is anticipated that even few resources is a testament to your greater numbers of material witnesses will be detained. Although Gara LaMarche exceptional leadership and personal federal law provides that wimesses who cannot meet the conditions dedication," adding, "you have personified the TCLU in the of their bond must be deposed and released, the U.S. Attorney in legislature, in Austin and throughout the state . . . with good Brownsville has not been complying. humor and unsurpassed professional skill." See South Texas Project, p.2 The Texas Observer wrote:"LaMarche has been an active and visible leader of the civil liberties group; he was an ever-present Texas Death Statute Under Review figure in the legislature, testifying at hearings whenever legislators As this issue goes to press, we are awaiting a decision from the were threatening to impose new limits on constitutional rights. A Supreme Court which could affect the fate of many prolific writer, LaMarche propagated his views in a wide range of of the more than 250 inmates on death row in Texas. The Court publications and newspaper op-ed pages around the state. LaMarche accepted for review,and heard oral arguments earlier this year, in also traveled around Texas to lend the support of the TCLU to the case of Donald Gene Franklin, an inmate who claims that regional civil rights conflicts, as he did last year when he worked jurors in the sentencing phase of Texas capital murder trials are with a Hispanic group in Hereford where police angered the not properly instructed to consider mitigating evidence about a Hispanic community with selective and questionable enforcement of prisoner's future dangerousness. Franklin is represented by Mark the drug laws." Stevens, a TCLU cooperating attorneys from . LaMarche, 33, will be returning with his family to New York In the months since the Court agreed to hear Franklin's appeal, City, where he will spend the 1988-89 academic year as a Charles there has been only one execution in Texas, which has put twenty- H. Revson Fellow at Columbia University. He will also serve as a seven people to death, more than any other state. According to consultant to a New York direct mail firm specializing in public the TCLU, that execution was grossly unfair and unnecessary. interest and non-profit clients, and teach a course on race and Robert Streetman was killed by lethal injection in the pre-dawn criminal justice at the Wolfson Center for National Affairs of the hours of January 7 despite the fact that his appeal posed exactly [slew School for Social Research. the same issues as those pending before the Supreme Court in the fhe TCLU is conducting a nationwide search for LaMarche's Franklin case. While the execution was taking place, the telephone ■ uccessor, and hopes to make a selection by early June. rang in the death chamber. It was the Governor's office, which See Death Statute, p. 3 PAGE 2 Texas Civil Liberties Reporter SPRING 1988 SPRING 1988 Texas Civil Liberties Reporter PAGE 3

From The Director's Desk South Texas Project, continued from p. 1 Court Drops Questionnaire TEA Rules Against by Gara LaMarche Judge Hinojosa's ruling came in one of several individual material Screening Plan Arlington Tuition Policy TCLU Executive Director witness cases filed by the Project, and the Judge announced that he will take the same position in similar cases before him. Also Thanks to a vigorous protest by the TCLU, the League of A hearing officer for the Texas Education Agency has ruled in 1 may have a few valedictory thoughts in my final column next Women Voters and others, the Texas Supreme Court dropped a issue, but for now 1 have my mind on other things: pending is a major class action lawsuit filed by the Project, Aguilar favor of the TCLU position in a case brought by the Greater Fort V. Ruiz, which seeks an injunction requiring the taking of depositions controversial plan to require prior approval of all questionnaires Worth Chapter on behalf of foreign students at the University of HAZELXVOOD AFTERMATH. Texas student journalists answered by Texas judicial candidates. are less endangered than those in other states by the Supreme and the release of material witnesses within ten days. The federal Texas at Arlington. The TEA official, in a preliminary opinion Court's disastrous decision upholding censorship in Hazelwood judge in that case, Hlomen B. Vela of the Brownsville division, has In a little-notice addition to the Code of Judicial Conduct last issued in April, cited constitutional and state law grounds in case. That's because of the TCLU's litigation in Evans v. Bryan ordered the parties to engage in settlement negotiations. year, the Supreme Court gave itself the power to review all rejecting the Arlington Independent School District's policy of Independent School District, which relied upon the free speech In addition to its immigration-related work, the Project continues candidate questionnaires, and forbid candidates from responding to charging out-of-district tuition rates — $135 to $300 a month — to and press clause of the Texas Constitution to bring about a its traditional advocacy for the rights of migrant farmworkers, and those it did not approve. sixty-three children of foreign students. statewide student press policy with strong anti-censorship guidelines. recently took a major step toward insuring enforcement of field Although the state purpose of the change was to prevent judicial The TCLU chapter claimed that the policy was discriminatory This is consistent with the strategies we've had to employ more candidates from answering questions which might require them frequently in recent years, turning to Congress and state and local sanitation regulations, a complex and overlapping structure of and in violation of state law, noting that each family lives in county, state and federal regulation and enforcement has developed to pre-judge cases which might come before them, at least one Arlington and pays sales and property taxes. The families were legislatures for help when Reaganized federal courts cut back on Supreme Court member was prepared to disallow questions in constitutional protections. in this area. As a result of litigation in the District of Columbia, represented by Laurence Priddy of Fort Worth. After a comment regulatory jurisdiction is now with the Occupational Safety and the League of Women Voters questionnaire on judicial elections period, the hearing officer's opinion will be sent to TEA Commis WHAT'S IN A NAME? We've written to officials of the and campaign financing. Houston Light and Power Project to complain about confusion Health Administration in many instances. State regulations, enforced sioner William Kirby for final approval. between its benighted "South Texas Nuclear Project" and our in some cases by the County Health Departments, are still in TCLU Executive Director Gara LaMarche had called the new oppressed in the Rio Grande Valley. HLP has taken to dropping effect in some circumstances. The Project initially tried to educate rule a "prior restraint on speech," which would have acted to Death Statute, continued from p. 1 the word "nuclear," for obvious public relations purposes, and local health departments about the enforcement authority they censor both the candidates and the organizations which were this has made a few people shy away from the very good work of retain, as they have been reluctant to enforce these rules from the attempting to survey them."An informed electorate is entitled to had word that the Supreme Court was prepared to consider a our Project, which is officially registered with the Texas Secretary outset. When these efforts proved unsuccessful, the Project filed a a broad range of viewpoints," LaMarche asserted. "There was new motion for appeal and, in the words of a prison spokesman, of State. We're still awaiting the HLP reply. lawsuit in February against the Director of the Hidalgo County something unseemly about the prospect of a court, five of whose "wanted to know where we were in the process." By then, of PRI'VATIZATION.Idon'tknow why there issuchcontroversy Health District and the County District Attorney over their failure to members are themselves running for re-election, in effect getting course, it was too late. over the recommendations ofPresident Reagan's Commission on enforce field sanitation regulations. The Project also coordinated to set the terms of the debate. TCLU Executive Director Gara LaMarche told the Associated Privatization, which call for transferring to private firms responsibility Press: "The policy of this state seems to be: when in doubt, for the post office, the federal prison system, air traffic control and testimony for public hearings on this issue conducted in the The Court dropped the rule in a brief written order, and now, other government functions. As the report of the Iran/contra alley by the Texas Department of Health, and is advising the as before, candidates may decide for themselves whether to answer execute. That's disgraceful. We ought to err on the side of human committees and the recent indictments by the Special Prosecutor's nited Farm Workers in its efforts in increase OSHA enforcement written inquiries. Complaints about inappropriate electioneering life." Writing about the incident in the New York Times, LaMarche office show, we've already had a privately run foreign policy. And an consumer awareness on the field sanitation issue. can be resolved after the fact by the Commission on Judicial concluded, "It's time for the majority of Americans who say they with the Meese justice Department's abandonment of federal Conduct. support the death penalty on philosphical grounds to begin paying leadership in enforcing equal protection of the laws, what civil attention to how it works in practice. Because whatever is taking rights enforcement we've had in the past seven years has fallen place in pre-dawn hours in our nation's death chambers, it certainly largely to non-government organizations like the ACLU,the NAACP Legislative Action Needed isn't justice." Legal Defense Fund, and others. Lay Leadership Notes Besides, if the President was really serious about privatization Action is needed now on two critical civil liberties bills pending he'd have accepted the ACLU's tender offer to buy the Justice' elected to a three-year term as the before the U.S. Congress: Department! rCLU's representative on the ACLU national Board. Porper, Racial Justice Act. This new bill was filed on April 22, the ATTACKS ON ACLU.Trying to hoist the ACLU on its own w o ba TCLU state Board member and Vice-President of first anniversary of the Supreme Court's disastrous decision in petard is a popular sport at right-wing think tanks in the nation's McClesky v. Kemp, which upheld the death penalty even in the capital. William Donohue of the Heritage Foundation, who appears with theu latefoundation, Joan Glantz ofwas the for TCLU's many Greateryears co-director Houston face of overwhelming evidence of racial bias. The Act would to be making a career of this, attacked us in Crisis magazine as apter. She was trained as an engineer. Porper succeeds forbid a death sentence from being carried out where a biased anti-Catholic, a line repeated in a recent syndicated Patrick Buchanan rank Newton, Dean of Texas Tech University School pattern of applying the punishment exists. Action: Contact Senator column. Meanwhile there was a crudely-done and ill-informed aw, who declined to run for a second three-year term- Bentsen and House targets John Bryant, Martin Frost and Speaker assault in The Washington Monthly, which should know better If At itsjanuary 31 meeting in Houston, the TCLU Board , and ask them to co-sponsor the Racial Justice Act. you saw these articles, and would like to see our comprehensive Family and Medical Leave Act. A compromise version of responses, please drop me a line and 1 will send them to you this important bill has been approved by a House Committee, THE BANE OF BOONE. 1 took pleasure in a recent Wall Stapleton of® Brownsville. '^^w Executive He replaces Committee Claudia member, Stravato, Ed snd should come up for a floor vote soon. The bill would provide Street Journal profile of T. Boone Pickens, a leading citizen of the ormer President of the TCLU's High Plains Chapter, who ten weeks of family leave over a two-year period to be used by Texas Panhandle, in which the corporate raider fumed that the c to Austin to serve as Deputy State Comptroller. employees at the birth or adoption of a child, or to care for a ACLU, among other groups, was out to get him. He must have seriously ill child or parents. Action: contact House targets John been referring to the plucky band of activists which comprises the the board members will be elected at Bryant, Jack Brooks, Martin Frost, Ron Coleman, Solomon Ortiz, TCLU's High Plains Chapter, who had the audacity to see some lun'^^'[\ ^'•^'^wide Board meeting, to take place on '® Andrews, Albert Bustamante, Jim Chapman, Charles Wilson The TCLU and the Texas Young Lawyers Association presented censorship problems with Pickens' campaign to drive the local Boa d ■ 1 q'« at-large seats were added to the and , and ask them to be vigorous in their support of framed copies of the Ben Sargent Texas Bill of Rights poster at newspaper out of business for investigative reporting, and academic a recent ceremony in the State Supreme Court Building. From nfrik geographic, racial and other kinds the bill. freedom problems at West Texas State University, where Pickens left to right: TCLU Legal Director J im Harrington, Court of chairs the Board of Regents. We can all be proud of the chapter's consirl Board. If you are interested in being The zip code for senators is Washington, D.C. 20510;for House Criminal Appeals Judge Sam Houston Clinton, Chief Justice courage and tenacity, which has earned it the right enemies. resumeresiim^"^^ to Gara LaMarcheat-large seat,at the please TCLU send State a Office.letter and rnembers, 20515. As always, please send the TCLU office copies Tom Phillips, and TYLA President Alejandro Acosta. of any replies you receive. PAGE 4 SPRING 1988

TCLU Probes Police Abuse, Welcome to , Jail Deaths Eden Harrington, who started work on April 1 as the new attorney for the ACLU Fifth Circuit Death Penalty Back-Up The TCLU's Dallas Chapter has played a leading role in Center. The position, which was created in 1986 with funds from community response to recent allegations of brutality and racism on the ACLU national office, aims to relieve the death row represen the part of the Dallas Police Department. In addition to partici tation crisis in the three Fifth Circuit pating in a rally of civil rights groups, the chapter sponsored a states of Texas, Mississippi and Louis police-community relations forum in March that was attended iana. Harrington, who succeeds James by nearly one hundred local citizens. While the event was boycotted Rehbolz, will spend her time working by department officials and the police union, who are pressing with volunteer attorneys handling for a referendum to abolish the Citizens Police Review Board — death row appeals, assisting with the Chief Billy Prince, who has since resigned, and Police Association University of Texas Law School's President Monica Smith both declined to take part — there was Capital Punishment Clinic, and work broad participation by other concerned parties, including Sgt. ing with ACLU affiliates and poli Linda Patterson, president of an organization representing over tical, judicial and bar leaders in the 300 black officers. The event was co-sponsored with the Dallas three states toward systemic solutions Black Chamber of Commerce and the Dallas Hispanic Issues for the representation crisis. A grad Forum. uate of Columbia University School of Law, Harrington comes to Meanwhile,there have been two recentdeaths of young black the ACLU from the Kerrville office of Texas Rural Legal Aid. men in East Texas jails; Kenneth Earl Simpson died of asphyxiation Wanda K.Huel, who will spend the summer at the TCLU as the while in police custody in Cleveland, and Loyal Garner died of a 1988Joan Glantz Memorial Intern. The undergraduate internship is brutal beating on Christmas night in Hemphill. The Hemphill funded by an endowment sustained officers involved have been indicted and charged in a separate with annual earmarked con tributions civil suit; the Cleveland officers were suspended with pay while from friends and associates of Joan an investigation proceeds. Glantz, the former TCLU Board Presi "Whatever happens in these two cases, it is clear that racism dent and National Board Member who and police abuse are still endemic in parts of Texas," stated died in 1986. Huel, who is complet TCLU Executive Director Gara LaMarche. He announced that ing her junior year at Texas Women's the TCLU was exploring the possibility of filing voting rights University in Denton, will work on lawsuits against the two communities."In each case," LaMarche public education and organizing pro noted, blacks are at or near a majority of the community but jects, including formation of a state have virmaUy no political representation due to an at-large voting wide coalition to support the Racial system. If we can change that deprivation of empowerment, other justice Act and other civil rights civil rights and liberties problems will begin to change too." measures.

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