Texas Appellate Law Blog : Texas Appellate Lawyer & Attorney : Smith Law Group, P.C. : Appeals, Sanctions, Summary Judgment : Austin, Texas

Texas Supreme Court Chief Justice Wallace Jefferson (pictured) will deliver his biennial State of the Judiciary address to a combined session of the Legislature on Wednesday, February 23, 2011 at 11:30 am.  You can watch the address live through this link by choosing "Chamber Stream."

Expect the forthcoming budget to be one of the Chief's primary topics.  With funding recommendations for the judiciary down 10 percent from 2010-2011, courts (and litigants) are facing tough times.  In addition to the reality of staffing reductions, we are in danger of losing the momentum built toward true e-filing in our state appellate courts.

The media is usually quick to comment on these addresses, and the Supreme Court generally publishes the text on its website.  I will update this post with that sort of information as it becomes available.

2/23/11 Update:  The Chief called the Legislature to action in four areas:  juvenile justice; legal services for the poor; wrongful criminal convictions; and judicial selection reform.  Surprisingly, he mentioned the budget crisis only in passing.  [But see 2/28/11 Update below.]

The text of the address is available here.  Links to media coverage appear below.

• The Texas Tribune:  Chief Justice Delivers State of the Judiciary
• Austin American-Statesman:  Chief justice issues call to action at Capitol
• Austin American-Statesman (Editorial):  Texas' system of electing judges is flagged again

2/28/11 Update (courtesy of Jerry Bullard):  The House Appropriations Committee and Senate Finance Committee conducted public hearings on the judiciary’s budget and heard testimony from representatives of the courts and judicial branch agencies.  Chief Justice Jefferson testified that, although a 5 percent budget reduction for the next biennium would have a negative impact on appellate court operations, virtually all of courts are willing to accept the cut and not ask that the 5 percent be restored.  Instead, the courts wished to focus on ensuring that the Office of Court Administration (OCA) is adequately funded because, in the Chief Justice’s words, OCA is the “lifeblood of the judiciary, especially for the appellate courts” and provides the technological support for the appellate courts in terms of case management and the movement toward electronic filing.  The Chief Justice also made a pitch for the Legislature to appropriate sufficient funding for basic civil legal services like it did in 2009 when it appropriated $20 million to offset losses caused by the decrease in IOLTA interest rates.

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I am looking forward to attending the Hidalgo County Bar Association’s “An Evening with the Texas Supreme Court” event next Wednesday, March 2, at The Club at Cimarron in Mission, Texas.  Through the efforts of HCBA President-Elect Brandy Wingate, Smith Law Group is among the firms helping to sponsor this event, which will include a cocktail reception and dinner program.  All Texas Supreme Court justices and a number of county, state, court of appeals, and federal judges are expected to attend.

The next morning, the Supreme Court will hear two oral arguments at the University of Texas—Pan American in Edinburg.  The arguments will be available for live or later viewing via the Court’s main webcast page.  More information about the cases, including links to the parties’ briefs, is available here.

2/25/11 Update:  UT—Pan Am is offering its own live feed of the arguments and is publicizing the event here.

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Lujan v. State, No. PD-0303-10, 2011 WL 93025 (Tex. Crim. App. Jan. 12, 2011).

On petition for discretionary review, the Texas Court of Criminal Appeals approved the use of K-9 units at a stationary traffic checkpoint implemented with the stated purpose of merely identifying unlicensed and uninsured drivers.

Lujan was traveling through El Paso with a passenger, when he came upon a stationary traffic checkpoint set up by local police.  Lujan did not have a driver’s license.  He was asked to pull over and was questioned about his activities that night.  The officers discovered that Lujan’s passenger had outstanding warrants, and the passenger was removed from the vehicle.

Deputy Hernandez, who was assigned to the checkpoint, testified that the checkpoint’s purpose was to detect unlicensed and uninsured drivers.  Hernandez’s police unit included a K-9 handler, who was also present at the checkpoint.  According to one of the officers, Lujan began acting extremely nervous.  A pat-down search revealed over $1,000 in Lujan’s pockets.  The officers obtained permission to search the vehicle, and the K-9 unit immediately alerted to the presence of drugs.  Drugs were then discovered hidden in the car’s door panel.  On cross-examination, Deputy Hernandez testified that his unit is not merely a traffic unit but is a criminal interdiction unit that handled “multiple tasks including racing, DWI, traffic enforcement, and narcotics.”  Another officer testified that the unit would investigate any violations they uncovered, not just unlicensed or uninsured motorists.

The trial court denied Lujan’s motion to suppress, and the El Paso Court of Appeals reversed.  The El Paso court cited the well-established rule that a traffic checkpoint may be used to detect unlicensed or uninsured motorists, but a checkpoint whose primary purpose is to detect general criminal wrongdoing is impermissible under the Fourth Amendment.  The court determined that the use of K-9 units and the testimony that any violations uncovered would be investigated rendered this traffic checkpoint unconstitutional.

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The Texas Supreme Court has announced the passing of former Chief Justice Joe R. Greenhill (pictured) at age 96.  I suggest taking the time to read the Court's advisory, which briefly traces Judge Greenhill's remarkable legal career.

Although Judge Greenhill had been off the bench many years by the time I clerked at the Supreme Court, he actively practiced law and often attended the annual breakfast gathering of current and former justices, law clerks, and staff.  More than once, as we went around and (re)introduced ourselves, Judge Greenhill quipped that he started his legal career "shortly after the Earth cooled."  He was a kind man with a self-deprecating sense of humor, and lawyers of all kinds regarded him highly.  May Texas legal history treat him well.

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TexasBarCLE and the State Bar Appellate Section are co-sponsoring a new program called "Handling Your First Civil Appeal."  The live session will take place here in Austin on February 18, 2011, and the program will be available via webcast.  Smith Law Group's own Brandy Wingate will be speaking about motions for rehearing in the courts of appeals.

I've also been asked to help promote DRI's Appellate Advocacy Seminar, which is scheduled for March 10-11, 2011 in Orlando, Florida.  Panels of respected judges, in-house counsel, and court staff will address timely and relevant topics such as writing better briefs, use of amicus briefs, and ethics.  More about the DRI program and online registration information is available here.

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