Its getting down to election day. Candidates are working double time to serve up platitudes that don’t mean much. They tell you what they think you want to hear. Innuendos that things are amiss, and only they can correct it. These innuendos and statements are not founded on any factual statements or any example given, but imply much that is simply not so. Are these statements only made simply to sway an uniformed public, or maybe worse, the candidate does not know better?
A District Judge is not an assistant District Attorney, neither is a judge a co-prosecutor. They serve two very distinctly different roles in the judicial system. The District Attorney’s job is to prosecute a crime within the parameters of the law, as applies to his office. The court is a fair and impartial referee.
Texas Code of Criminal Procedure:
Art. 2.01. DUTIES OF DISTRICT ATTORNEYS provide in part: It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict, but to see that justice is done. They shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused.
Art. 2.03. NEGLECT OF DUTY provides in part: (b) It is the duty of the trial court, the attorney representing the accused, the attorney representing the state and all peace officers to so conduct themselves as to insure a fair trial for both the state and the defendant, not impair the presumption of innocence, and at the same time afford the public the benefits of a free press.
The implication made by at least one of my opponents that she will “change the judicial system” simply is not so, that is if he or she follows the law, and the code of Judicial Ethics. Yes, there will still be aggravating delays involved in the somewhat ponderous way juries are selected, and you won’t be paid much. On T.V. the real trials are edited, and the others have scripts.
Certainly the office of District Judge requires faithfulness to the Constitution and the law of Texas. There are thousands upon thousands of pages of appellate court decisions have to be taken into consideration in interpretation of the Constitution and law as written. A District Judge is not free either to ignore the case law, or the decisions of the U.S. Supreme Court, even if the judge personally disagrees.
A promise to restore efficiency to a court, implies that the Court is not efficient. The District Court is a court of general jurisdiction. The Court divides its time between two counties, resulting in 26 weeks per year per county for disposition of civil and criminal matters. The court as a matter of practice uses scheduling orders, show cause orders, status conferences, mediation, and hears motions for summary judgements, all in an effort to keep the docket moving. The trial is an adversarial process, and cases are tried when they are ready to be tried. A judge should not forget hard lessons learned across this world by those exposed to so called “efficient justice”. The Nazi courts, particularly the People's Court (Volksgerichtshof) created by Hitler in 1934 to try treason and other important "political cases, ” were efficient and and thousands were put to death for "Volk Treason." The Inquisition was efficient. Sharia courts are noted for efficiency, then there is China. You have heard the term “Kangaroo Court”. In America we are blessed with “due process of law” and should be suspicious to those who would shortcut it. Our system of justice is not perfect, but is the best there is, when compared to all the others.
In Texas a judge is elected by popular vote, but the duties are not political, but rather the judge is charged with the duty to assure a fair and impartial forum for parties to litigate their differences. Affairs of the Court are conducted with all efficiency possible, consistent with the ends of justice, however; every case is different and often tedious. A judicial proceeding should not be a rubber stamp process or cookie cutter proceeding. A court is not a venue where justice should be bought by an influential few, nor neither should the judge be beholding to those who would exert influence on the court. In a jury trial the Judge cannot even comment on the evidence, just rule whether the evidence is, or is not, admissible.
The promise to save tax dollars on Court appointed fees is by a candidate that has never tried a court appointed case, at least within my knowledge. Neither of my opponents is listed locally as qualified to be a court appointed criminal attorney. Court appointed fee applications are scrutinized routinely. The fee awarded must comply with the indigent criminal defense plans for Shelby and Panola County, on file at Texas A&M University (tidc.tamu.edu/public.net). Expert witness fees for the indigent also play into cost. (See: Ake vs. Oklahoma) If you are truly dedicated to the Constitution you know the Sixth Amendment provides for right to counsel, and the right to a meaningful defense together with expert witness if the facts of the case require. It is really quite simple, the more cases disposed of, the higher the total cost. The more complex, the more it cost. If it is a capital case a judge must appoint capital case qualified attorneys. Cram downs of court appointed fees are appealable to the Administrative Judge for the Region. The local District Judge does not have the final say on attorney fees. Attorney Fees for court appointments are kept at reasonable amounts commensurate with the work and efforts involved, and in compliance with the State mandated provisions of the Indigent Defense Plan. Get the facts; not uninformed election campaign hype.
In respect to plea deals: First of all, the Court doesn’t make or participate in pleas deals. That is the jurisdiction of the District Attorney. The court only has the authority to reject or accept the plea deal. If it is rejected, then the case goes back on the trial docket to await its time for trial, or what other disposition the D..A. deems proper.
I am routinely available to consider search warrants. The last one was last week at about 10:40 P.M. See if you can find one law enforcement officer who can truthfully say that he or she has been denied audience to have his search warrant considered at any time.
I have not crammed your mailbox with slick ads with pretty pictures of horses, beautiful children, bucolic scenes, or photo opportunities with a political figures. Photo opportunity with political figures may bear out to be unwanted luggage later on. Not one picture of myself looking important in a judicial robe. At three to five thousand dollars a pop somebody is paying a lot of money for those mailers for some reason. I do have three teen age granddaughters who are spoiled, and a handful, but could really pretty up a brochure for mailing. Rodeo championships; None: Never rode in a real rodeo. Not a very presentable a rodeo queen either. I did meet the actor Ben Johnson, now deceased, at the 1994 National Final Rodeo in Las Vegas. None of this has to do with the qualifications of a District Judge. Neither my horse, dog, nor family member is seeking re election as District Judge. I was not born well to do, but was born to honest hard working folk But for tragic events, and my grandfather being one jump ahead of the Union troops at the close of the civil war, I might not be the third generation Texan that I am. I support the NRA, and pay my dues three years at a time. I just re-upped for three more years. None of that qualifies me to serve as your District Judge.
I did work and pay for my education, practiced law for over thirty nine years, and have served as your district judge for over three years. I do believe I have the personal credentials to continue to serve as your District Judge.
One of the candidates says she has litigated extensively litigated complex matters throughout Texas and Louisiana state and federal courts, both in the trial court and on appeal. Check this out for yourself. I tried, but did not have much results. I did find a total of 8 cases in Harris County. There may be more state wide, but I had difficulty in finding even one.
Put aside all the meets and greets, the road signs, the band wagons, Christmas parades, and those who rush you at the polls with cards pleading for a vote. Before you vote, look for yourself and determine who has the experience for the Judgeship of your court. First go the State Bar of Texas web site, and find the names and state bar number of the candidates. Check the web site of The District Clerk of Harris County Texas. Check the Civil and Criminal. At panolacountyjudicial.com, check both criminal and civil cases by attorney. The same for Smith, Harrison, Gregg, Marion, Rusk, Nacogdoches, San Augustine, and Shelby Counties. Throw in Travis and Dallas County, or any other, if you are so inclined. Some will require you spend a bit money to access a national reporting service. Most sites that are searchable only go back to about 1995; 22 years after Judge Dickerson started practice. A Pacer account is required to search the Federal District Courts, Circuit Courts, and Bankruptcy Courts. Have a lawyer friend, ask them who has the trial experience: He or she may have Pacer. Try Google Scholar. Search the Attorney General of Texas opinions, and other legal sites. Search the World Wide Web, see what you find.
BE INFORMED, NOT FOOLED.
Judge Dickerson believes that he has the work ethic and broad experience necessary to continue to serve as District Judge of a trial court of general jurisdiction that hears felony cases, domestic relations cases (divorce and child custody) oil and gas matters, land suits, condemnation suits, auto accidents, and many more categories of civil cases.
Re-Elect Charles "Brick" Dickerson 123rd District Judge
