Sunday, April 20, 2008

Is There Room for Felons? David Medina Faces the Issue

Should thieves, firebugs, and other felons continue to serve the public?

In Re Bazan, No. 06-0952 (Tex. Mar. 28, 2008) (effect of prior criminal conviction on privilege to hold public office, third degree felony theft of property by a public servant)

Burning issue commands Justice's attention

Supreme Court Associate Member David Medina looks into the legal aspects and ramifications of a prior criminal conviction on eligibility for holding public office, and delivers opinion that will help keep felons out of government.

Now that his wife, Francisca "the barnburner" Medina, has been re-indicted for torching the couple's Houston-area dream home (thus making the mortgage he could not afford on his state salary go away - albeit with a little collateral impact on the neighborhood), will Medina manage to keep his new Austin abode arson-, accellerant-, and felon-free? At least he has the Chief's prayers to lift his spirits in the endeavor.

In Re Bazan, No. 06-0952 (Tex. Mar. 28, 2008)(Opinion by Justice Medina) (mandamus) (removal of local official based on conviction)

In this original mandamus proceeding, we must decide whether Chapter 87 of the Local Government Code forbids a district court from removing a county officer, who has been convicted of a felony, when the conviction is based on acts that occurred before the officer’s election. The question arises because one section in Chapter 87 provides for the officer’s immediate removal upon conviction, while another seemingly prohibits removal for acts that predate an election.
* * *
The trial court did not abuse its discretion in suspending Bazan from office pending the appeal of his felony conviction.

IN RE EDUARDO "WALO" GRACIA BAZAN; from Hidalgo County; 13th district (13-06 00616-CR, ___ S.W.3d ___, 11-01-06) order issued November 30, 2006, lifted
The Court denies the petition for writ of mandamus.Justice Medina delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, JusticeO'Neill, Justice Wainwright, Justice Brister, Justice Green, and Justice Johnson joined. Justice Willett delivered a concurring opinion. in In Re Bazan

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