36th Annual Harris County Criminal Lawyer Association Banquet and Meeting
May 11, 2006
THE PROBLEMS WITH THE HARRIS COUNTY CRIMINAL JUSTICE SYSTEM ARE SERIOUS AND WIDE SPREAD.
LET US BE CLEAR ABOUT WHAT WE ARE DEALING WITH. Let us be clear about what we must fight.
Racism continues to be rampant among the police on the street and in our communities. minorities and poor people continue to be abused by the police without repercussion.
Officers lie with impunity. Our DA's office is not much better.
Our DA claims that he wants to do right, but he seems to make the wrong turn at almost every opportunity. His office manipulates the grand jury system. He allows a bus driver involved in a simple accident to be charged with murder. He allows his DA's to violate court orders without any apparent consequences. His office pays an expert, who testifies falsely, without consequences. HPD Lab technicians fabricate results without consequence.
It is no wonder many young DA's have no respect for the law. Many young prosecutor's arrogantly wield their power without regard to the rights of the accused and without regard to their duty to do justice.
Most of the District Courts are ex DA's. Unfortunately, it seems that many of their hearts and souls still belong to the DA's office. The incestuous, "wink and nod" relationship between the DA's assigned to the court and the judge is repugnant to any concept of fair play or justice. Ex parte communications occur daily.
The deck is stacked in many courts. The judge, the prosecutors, and court personnel, work in perfect harmony expediting cases, often with little or no regard for justice.
Defendants are processed by well intentioned Court Appointed Counsel who have little time to do the right thing. They are pressured to move cases. This is wrong, yet the practice of expediency over justice continues with minimal change.
Some indigent clients make bond and some courts continue to illegally revoke these bonds when these same clients come back to court without counsel. This is illegal and it must stop.
When a case is set for trial, some courts bully clients into pleas. As ex-DA's, many judges presume our clients are guilty, and it shows in their rulings.
DA's win and we loose. Defense motions are routinely denied. Evidence is only relevant if it helps the prosecution, not the defense.
Trials are largely unfair. In many courts the judge's voir dire mirrors the DA's voir dire. The DA gets preferential treatment from beginning to end. The defendant is presumed guilty. The burden of proof is on the defendant.
In some court's at nearly every stage the prosecutor is given a boost, and a helping hand by the judge. In many courts the prosecutor might as well sit in the judge's lap. In many courts we must fight not only the DA, but also the Judge, the Bailiff, and all the court personnel. We are often treated rudely by court personnel who simply mirror the court's disdain for our role in the "system".
Unfortunately, many juries come down with a predisposition to convict. Our Harris County jurors put more people to death than any other county in the nation.
This is our legacy and our shame. We live among intolerant people. Feed on a steady diet of local news that highlights any crime committed The public lives in terror and anger. many Jurors cannot wait to do their part in the war on crime, the war on the poor.
We defense lawyers try to stand up against the stacked deck. We fight our individual cases in virtual isolation.we rarely fight together. As a group we defense lawyers are largely ignored. perhaps for good reason. As an organization we have been far too quiet.
We must change that.
We must unite and fight our common fights together. Together we must expose the system with all of it's faults, to those in this country who still care about liberty.
Together we must loudly raise our voices. Together we must fight those who unjustly deprive others of their liberty. We must fight them whether they be police, da's, judge's or defense lawyers.
It will not be easy. There will be costs and consequences. Those in power will not want to change. They will resist us. They will punish us. But we cannot lose.
We cannot lose because the truth is on our side. In the end, the truth always prevails.
We will not be alone in our fight. those judges, those DA's, and those defense lawyers who already do the right thing will help us. Those judges, who courageously do the right thing day after day, will continue to do the right thing. We can count on them.
So as your President I give you my word that I will do my best to fight those who would unjustly deprive us of our liberty. I hope I can count on you to join me.
Robert Fickman
President, Harris County Criminal Lawyers Association
