Why The Honorable  Kelly Case Makes DAs Kick And Scream and hold Their Breath 

Friends-

Kelly Case Is a good and honorable man. He also happens to be a Montgomery County District Court Judge. Since he took the bench, he has been under attack for his so -called “pro-defense” rulings. The Montgomery County DA Office routinely bashes Case in the press. They did it again today.
What is really going on here? I have an idea.

Most judges are ex-prosecutors and very pro-prosecution. Judges routinely bend over backwards to aid the prosecution. Some of the judges in Harris County are so pro-prosecution, they have been dubbed ” The Judicial Branch of the DA’s Office.”
The DAs are spoiled. They are accustomed to judges that are part of their team. They are accustomed to judges who wink and nod , (and text) and do their all for the prosecution team. 

Of course, these pro-prosecution judges are not good judges. A judge is supposed to be a ” neutral and detached magistrate”. That’s right, a judge isn’t supposed to be on either team. 
The Honorable Kelly Case is a good judge. While he sometimes rules for the defense, he also rules for the state. He is a good judge because he is ” neutral and detached”, as a judge should be. 
Judge Case  is not part of the good ole boy prosecution team. This pisses off the prosecutors. They don’t know what to do with a judge who isnt ” a wink wink, nod nod team player”. So what do they do? They do what any spoiled child does when that child doesn’t get his way. They whine, and stomp their feet and throw themselves on the ground pounding the dirt.
It is unfortunate for the good citizens that the Honorable Kelly Case is not running for re-election. We need more good judges like Kelly Case and fewer judges who act as members of the prosecution team. 

 I wonder what the DAs would do if all judges were ” neutral and detached magistrates?” They need not worry. For the foreseeable future we will continue to have pro-prosecution judges; good ole boys and gals who are about as neutral and detached as the DAO wants them to be. The stacked deck helps the DAs but it’s hell on the presumptively innocent. 

Robb Fickman,  

Houston, Texas

About Robert Fickman

Robert Fickman is a criminal defense attorney with 33 years experience in defending the citizen accused in both state and federal court. He is a past president of HCCLA and remains active in its mission.

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