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

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Texas Civil Liberties Reporter the Quarterly Publication of the Texas Civil Liberties Union Texas 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 United States 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 San Antonio. 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.
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