Wednesday, November 14, 2007

A Bill for the Creation of a Robstown Nueces County Constitutional Judge?

Sen Bill 1951 of the 80th Leg: 1 District Court with 2 District Attorneys no where else but the 105
Posted on November 14, 2007 at 11:52:34 PM by Jaime Kenedeno

Isn't that like having 2 Attorney Generals for the same state.

Can a County elect 2 County Attorneys

Can a County have 2 County Attorneys for the same county.

ADA's & ACA's are not elected nor are they appointed to serve by the Governor.

I submit the legislation to be illegal, unconstitutional and in violation of election codes, government codes and a circumvention of trickery to spite the failed legislation that attempted to create a new district in Kleberg & Kenedy Counties.

The legislation that created the New District Attorney Position in Kleberg & Kenedy County must be challenged.

There is only one district.

There can only exist 1 District Attorney per District.

"Anything else, would be uncivilized"

Senate Bill 1951 of the 80th Legislature

Political Bigomy After All Karl Rove is From Utah
Posted on November 15, 2007 at 00:41:33 AM by Jaime Kenedeno

Is it not illegal for two to be espoused to one?

Think we can legislate another Congressional Rep for the 27th Cong Dist to help Solomon with the "backlog" of legislation in the applicable counties.

The precedent has been created get busy and start exploiting it.

A Robstown Nueces County Constitutional Judge?

Create a County Constitutional Judge's office for both Robstown & Calallen/Annavile, and get Gov. Rick Perry to give the nod to Patti or Randolph Boothe or Sam Keech as first County Constitutional Judge of Robstown & Calallen/Annaville.

Political Bigomy After All Karl Rove is From Utah
Posted on November 15, 2007 at 00:41:33 AM by Jaime Kenedeno

Potential Juror 26........
Posted on November 15, 2007 at 00:59:29 AM by d1

was told "Just trying to stay out of trouble"....LIAR...because If you were "you lied"!

Go back to Iraq where they need your kind of prosecution......I forgot your Farsi/Arabic sucks.

"Your Honor, I'm gonna have to spend the rest of the summer in the library"

More like the rest of your life......Your hate is well documented as you can READ English, do you understand/comprehend English?

TLR/Totally Live Recognition........Now, Dick Cheney can shoot who he pleases and whenever he choices to.

With you in his pocket....no need to utilize Jaime Powell.

WATT is the Number of the Judicial District for this so called District Attorney
Posted on November 15, 2007 at 01:21:39 AM by Jaime Kenedeno

Sec. 43.182. DISTRICT ATTORNEY FOR KLEBERG AND KENEDY
COUNTIES. (a) The voters of Kleberg and Kenedy Counties elect a
district attorney. The district attorney has the same powers and
duties as other district attorneys and serves the district courts
of Kleberg and Kenedy Counties.
(b) The district attorney shall attend each term and session
of the district courts of Kleberg and Kenedy Counties and shall
represent the state in criminal cases pending in those courts. The
district attorney has control of any case heard on petition of writ
of habeas corpus before any district or inferior court in the
district.
(c) The commissioners courts of the counties comprising the
district may supplement the state salary of the district attorney.
The amount of the supplement may not exceed $12,000 a year. The
supplemental salary must be paid proportionately by the
commissioners court of each county according to the population of
the county. The supplemental salary may be paid from the officers'
salary fund of a county. If that fund is inadequate, the
commissioners court may transfer the necessary funds from the
general fund of the county.

The Legislation Failed but if you notice the language is the same
Posted on November 15, 2007 at 01:26:39 AM by Jaime Kenedeno

Sec.i24.567.ii423RD JUDICIAL DISTRICT (KENEDY AND KLEBERG COUNTIES). (a) The 423rd Judicial District is composed of Kenedy and Kleberg Counties.

(b)iiThe 423rd District Court shall give preference to criminal cases.

(c)iiIn addition to other jurisdiction provided by law, the 423rd District Court has concurrent jurisdiction with the county courts in Kenedy and Kleberg Counties and the statutory county court in Kleberg County over all matters of civil and criminal

3832 79th Legislature — Regular Session 79th Day

jurisdiction, original and appellate, in cases over which a county court has jurisdiction under the constitution and laws of this state. Matters and proceedings in the concurrent jurisdiction of the 423rd District Court and the county court or county court at law may be filed in either court and all cases of concurrent jurisdiction may be transferred between the 423rd District Court, the county court, and the county court at law. However, a case may not be transferred from one court to another without the consent of the judge of the court to which it is transferred, and a case may not be transferred unless it is within the jurisdiction of the court to which it is transferred.

(b)iiSection 24.207, Government Code, is amended to read as follows:

Sec.i24.207.ii105TH JUDICIAL DISTRICT ([KENEDY, KLEBERG, AND] NUECES COUNTY [COUNTIES]). (a) The 105th Judicial District is composed of [Kenedy, Kleberg, and] Nueces County [counties]. The court shall give preference to criminal cases.

(b)iiThe terms of the 105th District Court begin[:

[(1)iiin Kenedy County on the first Mondays in June and December;

[(2)iiin Kleberg County on the first Mondays in April and October; and

[(3)iiin Nueces County] on the first Mondays in February and August.

(c)iiThe judge, with the approval of the commissioners court, may appoint an official interpreter of the court [in Nueces County] who serves at the will of the judge. The official interpreter shall take both the constitutional oath of office and an oath that he will faithfully interpret all testimony in the district court as official interpreter. The oath is sufficient for his service as official interpreter in all cases in the court [in Nueces County] during the interpreter's term of office. The judge may also assign the official interpreter to assist the court's probation officer in the discharge of the probation officer's duties.

(c)iiThe heading to Section 43.148, Government Code, is amended to read as follows:

Sec.i43.148.iiKENEDY, KLEBERG, AND NUECES COUNTIES [105TH JUDICIAL DISTRICT].

(d)iiSubsections (a) and (c), Section 43.148, Government Code, are amended to read as follows:

(a)iiThe voters of Kenedy, Kleberg, and Nueces counties [the 105th Judicial District] elect a district attorney. The district attorney has the same powers and duties as other district attorneys and serves all the district, county, and justice courts of Nueces County and the district courts of Kleberg and Kenedy counties.

(c)iiThe commissioners courts of Kenedy, Kleberg, and Nueces [the] counties [comprising the district] may supplement the state salary of the district attorney. The amount of the supplement may not exceed $12,000 a year. The supplemental salary must be paid proportionately by the commissioners court of each county according to the population of the county. The supplemental salary may be paid from the officers' salary fund of a county. If that fund is inadequate, the commissioners court may transfer the necessary funds from the general fund of the county.

(e)iiThe local administrative district judge shall transfer all cases from Kenedy and Kleberg Counties that are pending in the 105th District Court on September 1, 2005, to the 423rd District Court.

Thursday, May 26, 2005 SENATE JOURNAL 3833

(f)iiWhen a case is transferred as provided by Subsection (e) of this section, all processes, writs, bonds, recognizances, or other obligations issued from the 105th District Court are returnable to the 423rd District Court as if originally issued by that court. The obligees on all bonds and recognizances taken in and for the 105th District Court and all witnesses summoned to appear in the 105th District Court are required to appear before the 423rd District Court as if originally required to appear before that court.

(g)iiThe 423rd Judicial District is created September 1, 2005.

SECTIONi7.ii(a)iiEffective January 1, 2007, Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.569 to read as follows:

Failed Creation of the 423rd District

Why did they try to create the 423rd Judcial District?
Posted on November 15, 2007 at 01:36:58 AM by Jaime Kenedeno

Sounds like how Hitler thought

Did they think they needed a new Judicial District to create the new District Attorney position?

We have here in this situation a District Attorney without a Judicial District.

Tell me I am wrong and back it up, any takers?

Sunday, November 11, 2007

Writ of Mandamus: to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing

Mandamus

•

A writ of mandamus or simply mandamus, which means "we command" in Latin, is the name of one of the prerogative writs in the common law, and is issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly.^[1]

Mandamus is a judicial remedy which is in the form of an order from a superior court to any government, subordinate court, corporation or public authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, as the case may be, and which is in the nature of public duty and in certain cases of a statutory duty.^[2] It cannot be issued to compel an authority to do something against statutory provision.

Mandamus can be supplemented by the statement that it is not only the command to do but also a command not to do a particular thing against the rights of the petitioner. Mandamus is supplemented by legal rights. It must be a judicially enforceable and legally protected right before one suffering a legal grievance can ask for a mandamus. A person can be said to be aggrieved only when he is denied a legal right by someone who has a legal duty to do something and abstains from doing it.

The applicant pleading for the writ of mandamus to be enforced should be able to show that he has a legal right to compel the respondent to do or refrain from doing the specific act. The duty sought to be enforced must have two qualities:^[3]

It must be a duty of public nature
The duty must be imperative and should not be discretionary.

Normally, a writ of mandamus does not issue to, or an order in the nature of mandamus is not made against, the private individual. It is not necessary that the person or the authority on whom the statutory duty is imposed be a public official or an official body. A mandamus can issue, for instance, to an official of a society to compel him to carry out the terms of the statute under or by which the society is constituted or governed and also to companies or corporations to carry out duties placed on them by the statutes authorizing their undertakings. A mandamus would be equally applicable for a company constituted by a statute for the purposes of fulfilling public responsibilities. The court to which the application for the issue of mandamus is made will not constitute itself a court of appeal from the decision of the administrative authority and will not examine the correctness or otherwise of a decision on merits.^[4] The exercise of administrative discretion is not interfered upon by the court, but it will do so if there has been an illegal exercise of the discretion. There is an illegal exercise of discretion where:

The order is made without, or in excess of jurisdiction
The order made is mala fides, or
The authority is influenced by extraneous consideration.

History of Mandamus

The writ of mandamus is of a very ancient origin, dating back at the latest to the times of Edward II.^[5] It seems originally to have been one of that large classes of writs by which the Sovereign of England directed the performance of any desired act by his subjects, the word "missive" in such writs and letters, having given rise to the present name of the writ. These letters, missives or mandates, to which the generic term mandamus was applied, were in no sense judicial writs but were merely commands issuing directly from the sovereign to the subject without the intervention of the court. The writ in the shape of these commands, however, became obsolete at a very early stage and gradually it came to be confined to the judicial writ issued by the King's Bench which has by steady growth developed into the writ of mandamus, which is, in general, a command issuing in the King's name from the Court of King's bench and directed to any person, corporation or inferior court of jurisdiction within the King's Dominions requiring them to do some particular thing therein specified which appertains to their office and duty, and which the Court of King's bench has previously determined, or at least supposes to be a consonant to right and justice. It is high prerogative writ of a most extensive remedial nature... And issues in all cases where a party has a right to have anything done, and hath no other specific means of compelling its performance.^[6]

Purpose of Mandamus

The purpose of mandamus is to remedy defects of justice. It lies in the cases where there is a specific right but no specific legal remedy for enforcing that right. It also lies in cases where there is an alternative remedy but the mode of redress is less convenient, less beneficial or less effectual. Generally, it is not available in anticipation of any injury except when the petitioner is likely to be affected by an official act in contravention of a statutory duty or where an illegal or unconstitutional order is made. The grant of mandamus is a matter for the discretion of the court, the exercise of which is governed by well-settled principles.^[7]

Mandamus, being a discretionary remedy, the application for that must be made in good faith and not for indirect purposes. Acquiescence cannot, however, bar the issue of mandamus. The petitioner must, of course, satisfy the Court that he has the legal right to the performance of the legal duty as distinct from mere discretion of authority.^[8]

A mandamus is normally issued when an officer or an authority by compulsion of statute is required to perform a duty and which despite demand in writing has not been performed. In no other case will a writ of mandamus issue unless it be to quash an illegal order.

Kinds of Mandamus

There are essentially three kinds of Mandamus:

Alternative Mandamus: A mandamus issued upon the first application for relief, commanding the defendant either to perform the act demanded or to appear before the court at a specified time to show cause for not performing it.
Peremptory Mandamus: An absolute and unqualified command to the defendant to do the act in question. It is issued when the defendant defaults on, or fails to show sufficient cause in answer to, an alternative mandamus.^[9] ^[10]
Continuing Mandamus: A Mandamus issued to a lower authority in general public interest asking the officer or the authority to perform its tasks expeditiously for an unstipulated period of time for preventing miscarriage of justice.^[11]

Mandamus in the United States

In general

In the administrative law context in the United States, the requirement that mandamus can be used only to compel a ministerial act that has largely been abandoned. By statute or by judicial expansion of the writ of mandamus in most of the U.S. states, acts of administrative agencies are now subject to judicial review for abuse of discretion. Judicial review of agencies of the United States federal government for abuse of discretion is authorized by the Administrative Procedure Act.

Federal courts

The power of the Supreme Court of the United States to issue a writ of mandamus outside its appellate jurisdiction was the controversy that led the Court to delve into the much more significant issue of judicial review in the famed case of Marbury v. Madison. In modern practice, the Court has effectively abolished the issuance of mandamus and other prerogative writs although it theoretically retains the power to do so.

In the context of mandamus from a United States Court of Appeals to a United States District Court, the Supreme Court has ruled that the appellate courts have discretion to issue mandamus to control an abuse of discretion by the lower court in unusual circumstances, where there is a compelling reason not to wait for an appeal from a final judgment. This discretion is exercised very sparingly.

The authority of the United States district courts to issue mandamus has been expressly abrogated by Rule 81(b) of the Federal Rules of Civil Procedure, but relief in the nature of mandamus can be had by other remedies provided for in the Rules, where provided by statute, or by use of the District Court's equitable powers.

State courts

In some state-court systems, however, mandamus has evolved into a general procedure for discretionary appeals from nonfinal trial-court decisions.

In some U.S. states, including California, the writ is now called mandate instead of mandamus, and may be issued by any level of the state court system to any lower court or to any government official. It is still common for Californians to bring "taxpayer actions" against public officials for wasting public funds through mismanagement of a government agency, where the relief sought is a writ of mandate compelling the official to stop wasting money and fulfill his duty to protect the public fisc.

Other states, including New York, have replaced mandamus (as well as the other prerogative writs) with statutory procedures. In New York, this is known as an Article 78 review after the civil procedure law provision that created the statutory procedure.