Texas House Rejects Fairness

Last week, the Texas Senate approved a new speciality license plate with the words "Choose Life" on it. This week the Texas House took up the measure. But an amendment was offered in the House by Rep. Lon Burnam (D-Fort Worth).

Believing the "Choose Life" plates to be "constitutionally flawed" Burnam said, "If we’re going to start politicizing our license plates, it’s only appropriate that we provide equal access and due process to everyone. All we’re trying to do is give equal opportunity to another perspective."

Burnam's amendment would have added another specialty plate. That plate would say "Pro-Family, Pro-Choice". By adding this plate, both sides of the divisive political and religious issue of abortion would be represented. Burnam (pictured) hoped that being fair to both sides of the issue would keep the matter out of the federal courts.

But as I said last week, the Texas Legislature has no interest in fairness, but only in pandering to the religious right. The House defeated Burnam's amendment on an 86 to 48 vote. Now the state is guaranteed to have to waste a lot of taxpayer money defending the new plate in court.

A little fairness would have avoided a court fight and given the right their precious "Choose Life" plate. But I guess fairness is just too much to ask of the Texas Legislature.

Burnam Introduces Impeachment Resolution

On September 25, 2007, the U.S. Supreme Court decided it would decide whether execution by lethal injection was constitutional or not. A Texas prisoner was scheduled to die at 6pm on that date using that method of execution. His attorneys believed his execution should be delayed until the Supreme Court made its decision, so they rushed to the Texas Court of Criminal Appeals -- only to find it was closed.

Now it was a tradition of the Texas Court of Criminal Appeals to stay open late when an execution was scheduled, to hear any last minute appeals. The judges rotate that duty among themselves. On that date, it was Judge Sharon Keller's turn to stay late (Keller is pictured above). Instead, she closed the court at 5pm and left, leaving no one to hear the last-minute appeal. Her action showed a remarkable callousness in light of the scheduled execution.

Since that time, the court has allowed attorneys to file last-minute appeals by e-mail. But it looked like Judge Keller would escape any real punishment for her dereliction of duty (and that's exactly what it was). However, Rep. Lon Burnam (D-Fort Worth) has filed HR 480 to initiate impeachment proceedings against the judge. He accuses her of "neglect of duty" and "willful disregard for human life".

Burnam says, "It's one thing for a banker to close shop at five o'clock sharp. But a public official who stands between a human being and the death chamber must be held to a higher standard."

Burnam's resolution calls for a special House committee that "shall conduct an investigation to consider whether to recommend that under Section 1, Article XV, Texas Constitution, and Chapter 665, Government Code, the House of Representatives adopt and present to the Texas Senate articles of impeachment against Judge Sharon Keller, Presiding Judge of the Texas Court of Criminal Appeals, for gross neglect of duty and conducting her official duties with willful disregard for human life in connection with her actions on the evening of September 25, 2007, including her apparent irresponsible refusal to abide by the prior practice of the Texas Court of Criminal Appeals in order to receive the appeal of Michael Richard, which conduct may have resulted in Mr. Richard's deprivation of life without due process of law as guaranteed by the Fifth Amendment to the Constitution of the United States and Section 19, Article I, Texas Constitution, by means of a potentially unlawful execution by lethal injection, and in the embarrassment of the State of Texas in a manner that casts severe doubt on the impartiality of the Texas Court of Criminal Appeals and the entire criminal justice system of this state."

Rep. Burnam Wants To Limit Use Of Tasers

Well, there goes Rep. Lon Burnam [D-Fort Worth] again -- making far too much sense to be a Texas legislator. Burnam has filed House Bill 418, which would limit the use of Tasers by law enforcement officers here in Texas.

Tasers are being used far too often these days. In 2002, Austin police used a Taser only 3 times, but in 2004, they used a Taser 265 times. Houston police have used a Taser 892 times in the last two years. Tasers are not only being used too often, but they are being used in situations in which they are not warranted.

Rep. Burnam's bill would limit Taser use to those situations in which "deadly force" is justified, as defined by the Penal Code. Rep. Burnam says:

"The number of incidents in which officers use Tasers on unarmed people is truly alarming. There are currently 16 documented deaths due to Taser use by police in Texas. There is a perception out there that Tasers are safe and generally harmless. That perception is dead wrong. Tasers have proven to be lethal and that's why they should only be used in situations in which deadly force is justified.

All my bill says is that if you're going to shoot someone with 50,000 volts, it should only be done when the officer is in grave danger. If a suspect is unarmed or does not present a deadly threat to the officer, they should not be tased.

Tasers are being used on minorities with impunity. It needs to stop."