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True Bill the Newsletter of the Prosecutor Council P.O >X3Z5.(oT'll4aG;+ I % NONM]RCULATI NG TRUE BILL THE NEWSLETTER OF THE PROSECUTOR COUNCIL P.O. BOX 13555 " AUSTIN, TEXAS 78711 OF Volume 6. Number 4 July - August 1985 COVER FEATURES Looking Back...............................20 Special Section Prosecution of D.W.I.: Handouts of the Course..................39 PROFESSIONAL DEVELOPMENT GENERAL NEWS Prosecution of D.W.I.: Handouts of the Course.........39 The Director's Corner........ ................ 2 How the Council Died......................4 Letters to the Council: The Positive Comments..................8 MANAGEMENT The Critical Comments .................. 19 Looking Back...............................20 The Hot Check Fee Law Ask the Committee:.....................74 TECHNICAL ASSISTANCE * Oscar Says................................76 As the Judges Saw It .......... ............. 25 SERVICES From Your Fellow Prosecutor: Videotaped Interviews with Council Publications.......................77 Child Abuse Victims ..................... 31 Audio-Visual Library ...................... 78 Search & Seizure: The Sherlockers ............................ 79 Supreme Court Review Pt. II.............35 Classifieds .... ............................ 80 ION-CIRCULATING NTSU LIBRARY General News The Director's Corner by Andy Shuval The other iight I was sitting at home Of course, she's right. But I can't with Betty (the American version of "She help wondering: how does a fellow know Who Must Be Obeyed") reminiscing about which is which until he tries? the last seven years, recalling: What a wonderful seven years! The lonely days in Hidalgo County when nobody, not even the first FBI agent As I sat down to write this last assigned, wanted to be seen with me in column, I was struck by the quality of public; the people I've served. Prosecutors are a special lot. Last month while watching The mandamus action to enforce the "the youngsters" at the Basic school, it Council's right to provide technical occurred to me that they resembled assistance when the Supreme Court took doughboys on the way to the French front the unusual action of explaining why it in 1917. Idealistic youth, all too soon to would not take jurisdiction, thus be matured beyond their years. telegraphing its opinion that the Council in fact had the authority; You prosecutors should be very proud of what you do. The fair and impartial The loss 9 to 0 before the same administration of criminal justice is court of the McInnis appeal; the sweet essential to the proper functioning of a victory (of course) when the court free society. I am honored to have been reversed itself 5 to 4 on rehearing; associated with you. KEEP THE FAITH! The first advisory committee meeting Postscript: Several folks have asked and the last. There were many good what I'll be doing after August 31st. On times with many good people. September 1, 1965. I started a practice in Hereford. On September 1st this year I'll While in this blissful state She Who do it again in Austin. Twenty years ago Must Be Obeyed remarked that before I I had a set of used Reporters, $200 in got carried away I ought to consider the bank, and a lot of faith. Today I rereading Don Quixote. I might learn the have twenty years experience, the advantages of going with the flow at friendship of many prosecutors, and a lot times. She quoted the following bromide: of faith. Unfortunately, you are not the criminal type, but I may have occasion to "God grant me the serenity to use my certification as a criminal law accept the things I cannot specialist when a special prosecutor. If change and the courage to the occasion arises in your jurisdiction, change the things I can and the please remember me. Have gun. Will wisdom to know the difference." travel! 2 2 General News WHERE DO WE GO FROM HERE? Well, the Council staff is going its THE PROSECUTOR COUNCIL separate ways. For the concerned, the interested, or the merely curious, here are some of our plans: Chairman, Hon. Tim Curry Criminal District Attorney Andy is going into private law practice Fort Worth (see his column, opposite). Hon. Richard W. Brainerd County Attorney Kathy Givens, Andy's Administrative with Felony Responsibility Assistant, will finish up her degree in Vega Computer Science and also work part-time Hon. Ken for Covington Information Systems, Epley the Lay Member company for our computer system. San Angelo Oscar Sherrell is retiring (for the second Hon. Dick Hicks time; he tried to retire as Financial Officer, Lay Member and Andy drafted him again, this time as Bandera Director of Administration.) Oscar has always been an entrepreneur; I don't think Hon. John R. "Randy" Hollums he'll ever really retire. District Attorney Floydada Mary Hees, our Mailroom Manager (and Hon. Claude J. Kelley, Jr. our resident excellent cook!-just ask anyone Lay Member here) is still looking for employment. Fredericksburg Mmmm. will I miss her carrot cake. Hon. Bill Rugeley E. K. Murray, our Investigator, will go Criminal District Attorney to work on September 1st for (how can I put San Marcos this delicately?) -- well, it's the defense firm Hon. Joe Schott of Kazen & Ray in Austin. Lay Member Castroville Bill Weston, our Financial Officer, took a position effective August 5th with the Hon. Mac Smith State Board of Pharmacy. District Attorney Weatherford Victoria Bazeley, Administrative Assistant to both Bill and David, has not STAFF secured a position as of this writing. But I'll make bets she has by the time you're reading it. (Small plug coming:) She was a Executive Director major help, particularly since she took over Andy Shuval publication orders. She has great orgainizational ability, works fast, and likes Administrative Director challenges. Employers, take note! Oscar Sherrell Yours truly, David Kroll, finished up this Legal Counselor issue and on August 1 began with the State David C. Kroll Bar Professional Development Program as the Director of Video Education. (Give me a Investigator call if I can help you: 512/475-6734.) E. K. Murray My thanks to the staff, the prosecutors, TRUE BILL is published bi-monthly by The Prosecutor Council and the others who helped make my job as an information medium for prosecutors throughout Texas. interesting and enjoyable. I'll miss you, and Articles, inquiries, and suggestions are always welcome. I wish you all the best. 3 General News of name that should have found favor with AUTO 4 law-and-order legislators: the Texas Prosecutors [sic] Council. It died in one of wf, the final days of the session, brought down 6 not by a vote of the majority but by the A o kind of technical printing error that usually is ignored. Rep. Charles Evans of Hurst, who was shepherding a group of bills that included the Prosecutors [sic] Council, remembers being shocked when a "point of order" was called on the error. "I was shocked when it went down on a point of order, because I thought it was all worked out," said Evans, adding that there was no time later to correct the error and bring the bill back up for a vote. "We got sabotaged, no question about F - rF it," said Tarrant County District Attorney Tim Curry, chairman of the council. "But I just can't tell you by whom." Why the Prosecutors [sic] Council died, when other agencies survived, has turned into How the Council Died a political whodunit, with plenty of suspects. Was it an enemy in high places--House Two top-notch investigative reporters Speaker Gib Lewis-who pulled the lethal shed light on the Council's demise. The first strings? Was it the agency's controversial article is by Karen Hastings for the Fort director, who clashed with legislators and Worth Star-Telegram. The second, by Ken failed to make a persuasive case for Herman, is an Associated Press release. continued funding? Or was it the agency itself-created to police, train and help provide technical assistance to prosecutors ERROR DEALT FINAL BLOW TO around the state--which just didn't meet the PROSECUTOR COUNCIL tough budget squeeze test? by Karen Hastings, Fort Worth Star-Telegram In the end it was all of the above, plus the bad luck of coining up for sunset review It was the kind of tight-fisted legislative before the Texas Legislature of 1985. session that had every sacred cow, every ivory tower and every sacrosanct state The Prosecutors [sic] Council was agency quaking. When the dust had cleared, created in 1977 after an ornery Wichita Falls however, only a few had been felled by the district attorney was disbarred but refused to budget ax. resign his elected office. One was an intensely controversial Council Director Andy Shuval, himself a agency that many believed had misused its former district attorney from Deaf Smith authority to regulate hospital construction. County. said the state needed a way to Another was a marine and coastal research investigate complaints against elected agency that hadn't studied much of anything prosecutors and--when necessary-take steps in four years. to remove them from office. And another was a small 7-year-old Since its creation, the council had grown agency supported by virtually every major to a $600,000 a year agency with a $54,500 district attorney in the state, with the kind per year director. Shuvall [sic] says the 4 General News agency had dramatically improved the quality to handle grand jury investigations against of prosecution in the state through its Commissioner B.D. Griffin, County Judge seminars and grievance investigations. The Mike Moncrief and one of Curry's assistants. council's critics say it had grown by taking "When it's good for somebody as big as we over duties that already were being are, you can imagine how useful it is to performed by other agencies.
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