pols exam 4

US Gubernatorial Elections

Always partisan, always contested ◦ Almost always "competitive" (60-40 or tighter) (cant gerrymander a state and gov a statewide) Incumbent advantage is real phenomenon for modern governors (can work against you but overall is positive) (you can see how the advantages have increased) ◦ 1950s: +2% more votes than opponents ◦ 1990s: +11% more votes than opponents ◦ In 2010: 11 sitting governors sought re-election ---- All but 2 won their contest

Institutional Power #1

Appointment (a lot of folks in executive are appointed by governor not elected, elected offices limit governors power) ◦ Power to choose other statewide executive officials --- Although state senate must confirm most gubernatorial appointments by 2/3rds majority ◦ Key factor in determining "strength" of governor position in each state ◦ Texas among weakest: state constitution requires many statewide positions be elected instead

Approach to this Chapter

Governor - Texas Style Plural Executive - Mavericks Loose on the Range ◦ Lieutenant Governor - Biggest Hombre in Tejas ◦ Other powerful state-wide-elected officials Bureaucracy - Blossoming under "Small Government" fertilizer

Lieutenant Governor and the Executive Branch

basically have one: if gov is out of comission or state they step in Executive-type functions almost don't exist ◦ Governor focuses appeals on citizens, but Lt Governor often focuses on state senators first Does serve as acting governor when elected governor is out of the state or incapacitated ◦ Can provide important experience and exposure functioning as executive instead of legislator Assumes office if governor resigns, dies, or is unable to serve out the term

Exonerations in Texas

big business in texas Across the U.S., 150 innocent people have been removed from Death Row since 1973 ◦ 12 of those were in Texas In Texas, 54 innocent inmates (all types) were exonerated in 2015 ◦ Most of any state, and over 1/3 of national total ◦ 2014: 40 exonerations - article talks that texas topped list of overturned conditions with more than one third of total. Most came from Harris county because of issues with crime law, people doing tests that were outdated,. Average nearly three exonerations per week in texas. No currently irrefutable cases of execution of an innocent person in the past ◦ Anti-death-penalty activists point to 3 strongly suspected cases in Texas, dont have final piece of evidence

Death Penalty Fact

chart shows total elections in charts since 1977, since 1977 texas has executed more than 1/3 of executions nationwide since 1977 (518 out of 1394, which induced 3 executions by the federal government). This doesn't mean we sentence more people to death rather than more efficient at sentencing people to death. Saying that you are por death penalty is the hardest you can be on crime. Support for, and use of, the death penalty is a common "litmus test" of social conservativism Such support is the ultimate "tough on crime" position, especially in the South and Southwest regions of the U.S. 32 states still have this sentencing option, but only 17 have used it in the last 5 years. 18 dont have death penalty any more. People who have been sentences aren't being executed - when you look at executions by region the south wins. death penalty is more frequently used

exonerations by state oct 2018

total 2280 across 1989 20267 years lost 8.9 act per case years lost texas is king of exonerations

The cost of capital punishment hurts more in smaller Texas counties impact of cost

who is it that is prosecuting on behalf of states, county, they have to provide money to fund defense since most people on trial cant afford it. County has to pay for these individuals. Cost come back to county not state. This is a big deal to small counties. - The texas tribune talks about a murder that happens in rural area and person admits that they committed the crime. Martin districts attorney says h may seek each death pen. Behind closed doors said that case may not be strong enough to convince jury. If death penalty its more money need more attorneys. Cost would be very high.

civil suit

wrongful death

Two "levels" of crimes in Texas

◦ Misdemeanors - Less serious punishment: shorter times in county jail, community service, and/or fine - Initiated by "complaint" from county/district attorney - No grand jury involvement ◦ Felonies - More serious punishment: longer sentences in state prison or county jail, community service, and/or fine - Initiated by "charge" from district attorney - Grand jury decides if evidence justifies prosecution - "State jail felonies" will send a convicted person to county jail, most likely

Executive Branch of Texas: Doing it the Texas Way!

Governor who has no broad powers over much of the business of state government ◦ Legal system ◦ State budget and finances ◦ Education ◦ Transportation ◦ Agriculture ◦ Public utilities ◦ Land development ◦ Natural resource Lt Governor who is primarily a super- legislator, and more "sheriff" than "deputy" ◦ Functions as executive only when governor is out of state "Plural Executive" (all powers to allowed in gov are put in other elected officials that serve with not under the governor) that altogether has got all the powers the Governor ain't got ◦ Directly elected and not responsible to the governor ...And none of these here folks have to belong to the same party or even share the same policy agenda!

Institutional Power #3

Managerial (who is overseeing everything going on) ◦ Oversight of administration ◦ Coordination ◦ Executive orders --- In Texas: not frequent or far- reaching ◦ Reorganization (of executive branch, can realign things) --- Only 25 states give these to governors—not Texas --- Powerful tool to improve political control over government ...How? ◦ Timing of appointments --- Board members have overlapping terms—a one-term governor cannot replace entire board --- Example: TAMU System Board of Regents ---9 members, each with 6-year terms (3 terms expire every 2 yrs) (every two years there is there are 3 for reappointment, within gov first term they can only reappoint 6 of the 9, need to win re election one more time to change last 3)

Gubernatorial Power

Two components ◦ Institutional --- Given by state's Constitution --- Five types ◦ Personal --- Varies with the person & circumstance

Is jury selection color blind?

U.S. Supreme Court decided in 2016 that jury selection process was biased in a single case ◦ Not the broad decision for which many had hoped Selection process has not been revised for over 30 years - us supreme court in 2016 had a case where a jury was steered to not have any black members in the jury where the defendant was black. Sentenced to long incarceration. decisions 30 years ago to avoid racial discrimination in jury but there are ways to work around that. - prosecutors use peremptory strikes (either side prosecutor or defense can say they don't want someone on the jury and they don't have to have a reason, there's a limit to how many) to remove black jurors at a higher rate than white jurors.

supreme court justice of Alabama: Sue Bell Cobb I was alabamas top judge. Im ashamed by what I had to do to get there

"...To get to the justice's chambers, I had won the nation's most expensive judicial race that year. But at what cost?" ◦ Elected in 2006, spending $2.6 million to win, even over an opponent who spent $5 million "...It's terribly awkward and uncomfortable for a judge to have to ask for campaign money. But how are you going to win without it? My biggest concern is how shameful all of this looks to the public." (she felt dirty by the process she never asked for money, a finance manager talked to people) A reporter asked her: "...how can you assure the people of Alabama that the contributions you sought are not going to impact how you rule? And how can you convince [them] not to believe that their courts are for sale?" "...I never quite got over the feeling of being trapped inside a system whose very structure left me feeling disgusted." (how she talked to people to Alabama he gave to the officer, polished answer)

Public Service Announcement or Advertisement with an Agenda?

"Choose Well - Texas Judicial Elections" ◦ http://youtu.be/3_vNwQ-i0fA ◦ Is "fairness" really the only or best criteria? How does one measure "fairness" fairly? - we elect judges in texas, judge has final say in court room. Look at if they can run a fair courtroom. - what was missing? def of fairness falls short. who they rake money from? they get money from a lot of places. who you ask gives u diff opinion. Think about what fairness is

Executions in Texas

- 2018 executions through October 31 only 8 states have executed anyone Texas executes the most (more than sum of alll other states)

Institutional Power Types POLS term that means "arising from structure, organization, and rules" Not dependent on unique personal characteristics of a governor

- Appointment - Tenure - Potential - Managerial - Fiscal - Legislative

Governor- appointed TAMU System Regents not always in his pocket...

- R Bowen Lofftin was a popular president at tamu, her resigned and went to Missouri. John sharp (chancellor) and rick Perry (gov) didn't know who to be president next, Board sided with chancellor. board members were all appointed by rick Perry. went to chancellor.

Recruitment of Governors

- Governors come with considerable prior experience in public affairs (common for gov to have experience within executive sometimes they have experience outside of state) - "Promotion" from other statewide elective office is common, but is not a rule - George bush is odd man out, no previous experience - rick Perry has a lot. of experience

Judicial Solicitation of Funds

- In Cobb's state, Alabama, as well as in Texas, it is legal for the judicial candidates to ask donors directly for funds Here are 2 instances from Texas she cited: - One judge emailed a small group of partners at a prominent firm to point out contributions made by other firms. "[A]ll the Top 10 firms are committed to maxing out as a firm: $30,000 total," the judge wrote, requesting that their firm "do the same." "At most of the firms, they are designating a senior partner ... to bundle dozens of relatively small-$ contributions ... until they reach the target," the judge explained, promising, "Bottomless thanks!" - Another judge, soon after winning election, sent a personal email to a local lawyer that stated in part: "I trust that you will see your way clear to contribute to my campaign account in an amount reflective of the $2,000 contribution you made towards my defeat ... and the fact that by their very nature post-election contributions are tardy and in very few realms does tardiness not incur an up- charge." Her assessment: "These overtures are shameful. They're embarrassing. And they're perfectly legal."

Where are the managed lands?

- a lot are in west and south texas in Valley area. - as well as zone 20 miles off coast or texas in sea bed (galvy) has drilling. costal line

court structure of texas

- appellate jurisdiction is the Supreme Court, court of criminal appeals, and courts of appeals - anything below that is original jurisdiction

Permanent Funds where does money go that comes from royalties (land)

- dedicated funds that dont flow directly to general fund. Texas was making a lot money from cattle leases. Money was used to invest money for future texans for education. They indirectly fund primary to university. Every dollar is invested in fund only interest gets spend. State government set aside millions of acres of state lands in the late 1800s Purpose of these lands was to generate revenue toindirectly fund primary, secondary, and higher education in the state ◦ Lease payments and royalties are invested, then the interest earned is distributed according to state law ◦ Only interest is ever spent from these accounts (hence thepermanence of these funds) Two largest of these funds: ◦ Permanent School Fund ($34B in 2014, for public elementary & secondary schools) ◦ Permanent University Fund ($18B in 2014) for UT and TAMU main and system campuses)

Agricultural Commissioner

- doest oversee agricultural commission oversees the texas department of agriculture Incumbent: Sid Miller (Legislator in Texas House of Representatives, rancher, horticultural nursery owner, school board member) 4-yr term; heads Texas Dept of Agriculture Source of power: Enforces all agricultural state laws for nation's 2nd leading agricultural producer (big position in texas) ◦ Food inspection, promotion of exports ◦ Animal quarantine, disease, pest control ◦ Inspection of gas pumps for accuracy (legacyof duties regulating weights, measures)

Typical Configuration of State Courts how state courts work

- everything starts at the trial courts (courts of original jurisdiction). from there, after decision is made, most times that decision is appealed and goes to an intermediate appellate court. Then decisions are appealed again and it goes to the supreme court (courts of final appeal) (2 in texas)

Judicial Selection in the States

- how are justices or judges chosen across the states - sometimes they are appointed and sometimes they are elected. When elected sometimes they re elected in a partisan manner (run under a party's flag) and sometimes as a nonpartisan manner merit plan/ mazur plan: mixture of both, judges are initially appointed but for them to remain in office they must meet recurring retention elections where people can vote them out but cant pick a new person instead the governor or someone appoints them - variation between trial court judges and appellate court judges. there is more of a emphasis in the appellate court judges to pick through other means rather than partisan election. Merit plans wins.

Criminal Acts that break State Law

- most laws that govern actions day to day are state laws - Criminal law deals with actions harmful to society as a whole (when someone commits criminal act actions are harmful to state itself not just individual) The State is both accuser and prosecutor ◦ State's representative is the district attorney (felony serious cases), an elected member of each county's government (county prosecutor for less serious) Prosecution is multi-step, very lengthy process ◦ Arrest made ◦ Charge(s) filed, arraignment hearing held ◦ Evidence presented to grand jury, indictment returned ◦ Trial process begins (multiple hearings, then trial) ◦ Can take a year or more! Only 10% of cases ever go to trial ◦ Most cases end in plea bargain (all agree that defendant pleads guilty and they get less punishment) Trials held in county courtrooms with county prosecutors and judges, but cases are "the State of Texas vs. ____" ◦ The county pays all costs of prosecution & county incarceration (state pays for prisons & inmates there) Standard of guilt: "Beyond a reasonable doubt" ◦ "Guilty" finding leads to possible jail/prison time and/or fines, etc. ◦ Any fines levied go to the county - percentage of guilt depends on the jury or judge

3 Texas Stories

- prisoners from texas prisoners convicted - they endured years of incarceration when they were innocent - Brandon moon arrested for a crime served 17 years, was innocent. Photo was shown and someone said that it was him and victim said that was him and it wasn't problems with eyewitness ID - Chris Ochoa confessed rot murder he didn't commit after interrogation. Proved innocence after DNA spent 12 years. They thought he was lying and they told him if he didn't tell the truth he would be on death row. He wore down and told them what they wanted to hear - Ronnie Taylor spent 12 years for rape. officer in crime scene saw damp spot no DNA testing was conducted. Evidence proved innocence. Only evidence was victims testimony.

Gubernatorial Personal Power in Action

- state of state address highlights: more texans have jobs, more students grad from high school, 10th largest economy in world, - reform child protective system, ban sanctuary city policies and secure border, increase penalties for criminals who commit crimes against police, invest in early education higher and expand school choice, grow jobs by lowering taxes and regulations on business and reduce property taxes, enact ethics reforms, convention of states - bully pulcript; idea that by using power of words is great strength. Someone who can inspire crowds.

Realities of TX Judicial Elections? Discussion from both Democratic and Republican perspectives red white and blue video

- talk about election of judges - appoint vs elect judges: appointing would make judiciary more independent don't need to seek funding and owe things to certain groups. A lot of people that vote in judicial race don't know who they vote for. Jeff Ramos said this. Straight ticket voting (illegal in texas in 2019). You could vote straight ticket but now cast aside. Loosing municipal elections bc they voted straight ticket. electing: why shouldn't people choose, can reflect the people more

jury summons

- we allow other citizens to make determination of guilt and punishment' - can get them from municipal, county, and federal courts in Brazos. - even if you are a student you still need to respond. you can claim exemption.

Are we ever wrong? Exonerations (change someones status from guilty to innocent for any crime, not just capital ones) set the innocent free...

...for any crime, not just capital ones National Registry of Exonerations (University of Michigan Law School) - in national registry line chart, number of exonerations does not go over 120. Yellow line is total based on DNA and non DNA. Not all use DNA because there's multiple factors they are based upon, not all cases are done by the book. - percent exoneration by contributing factor chart; all add up to more than 100 since one exoneration can have multiple reasons. Perjury or false accusation then official misconduct then mistaken witness ID then false or misleading forensic evidence (big deal in Harris and Dallas county, then false confession

Executions in Texas

2015: 13 2016: 7 2017: 7 Average length of time on Death Row is 9 years 274 inmates currently on Death Row ◦ Third largest population in U.S .◦ Total population on state Death Rows across us: ~3000 (2016) - you can see overall trend, a general decrease, we have the 3rd larges pop and execute the most because we are efficient.

Railroad Commission (RRC)

3 commissioners, 6-yr staggered terms (elected), one leaves every 2 years ◦ Incumbents: an attorney, a CPA, and an engineer, all from within Texas oil/gas industry. emphasis in not on railroads Very powerful body in Texas government ◦ Better, more descriptive name would be "Energy Commission" - regulatory body, interpret and enforce laws and write rules implementlaws Regulates oil, gas, trucking, mining (not railroads since 1980s) (mostly does energy) ◦ Oil/gas represents 60% of industry in Texas ◦ In 2013, Texas would have been in the top 15 oil-producing nations, if broken out separately from the U.S. ◦ Clarification on roles of the RRC & General Land Office --- GLO handles the "who," "when," and "where" of energy extraction --- RRC watches over the "how" and "what:" Ensures that technologies are approved and properly implemented, and that laws and regulations of the state are followed - sets regulations and monitors how they are allowed to do it

Comptroller (projection of revenue)

4-year term ◦ Incumbent: Glenn Hegar -- Aggie, Attorney, former member of State House & Senate, former chair of Sunset Advisory Commission (powerful position, know where money goes) (no more treasurer now falls under comptroller) Broad financial responsibilities make this a powerful office ◦ Tax collection, accounting, check writing, audits ◦ Treasurer of state funds and investments ◦ Estimating revenue for the state -- Balanced budget requirement in Texas puts this official right in the middle of the budget process -- Legislature can't spend more than comptroller says it can! Key office "at crossroads" of key policy areas ◦ Multiple incumbents have jumped from here to higher state office (e.g., Bob Bullock)

Land Commissioner

4-year term; heads General Land Office ◦ Incumbent: George P. Bush -- Teacher, Naval Reserve officer, attorney, real estate and energy consultant, eldest son of Jeb Bush (previous candidate for U.S. President), first-time office holder a lot of land that state owns with revenue, need general lands office permission for exploration or extraction. Also needs to provide royalties other than excise tax. Power derives from managing large amount of public lands and resources (energy!) found there ◦ Issues permits for exploration & for exploitation ◦ Collects royalties on oil, gas extracted—all valuable state revenues Other diverse duties: ◦ History and archives sites ◦ State lands ◦ Coastal, protection, emergency response ◦ Veterans Land Board (state-level veterans affairs)

Attorney General

4-yr term as chief lawyer for state ◦ Incumbent: Ken Paxton (attorney, former member of Texas House & Senate, co-sponsor of recent voter ID bill) potential felon Role is mainly civil, not criminal (defeat state in civil court and sue in behalf of texas) ◦ Files suit for state; defends state when sued ◦ Example: Suit against major tobacco companies in 1990s Most law enforcement & criminal issues handled at city/county levels, not by AG ◦ AG candidates still tout their crime-busting credentials to voters, though Source of power: formal opinions (interpretations) of legality or constitutionality of proposed or enacted laws can make major impacts on public policy ◦ Have effect of law unless altered/overturned by legislature or a court ◦ Example: Following single-school, single-degree-program Hopwood decision, TX AG generalized in his opinion that all programs within all Texas public higher education institutions must cease affirmative action (additional advantage for people who have been historically at a disadvantage) Great launching point for higher office ◦ Previous AG, Greg Abbott, is now governor ◦ Before Abbott was John Cornyn, now senior U.S. Senator (R-TX)

Comparing the State's #2

8 states don't have a lieutenant governor +1: Presiding over Senate +1: Appointing Senate committees +1: Power to break ties +1: Power to assign bills +1: Acts for governor when absent - 1: Governor assigns duties - 1: Member of governor's cabinet - texas is in very strong, long line has weak. Federal VP is in weak.

Elite Participation justice system late participation: not professionals

Attorneys ◦ Law degree mandatory - very expensive to obtain ◦ Must be licensed by at least one State Bar Association (part interest group, part regulatory group) Must pass test, meet character requirements for each state in which they will practice Judges - Many were first attorneys, but not all! ◦ TX qualifications vary widely by level Municipal - set by each city Justice of the Peace - no law degree or judicial experience required, but must take a special course if elected; > 18 yo County & District - >4 yrs as attorney/judge, > 25 years old

Approach to this Chapter

Bureaucracy - Blossoming under "Small Government" fertilizer

Institutional Power #4

Fiscal (most clear and strong power) ◦ In 48 states, Governor supervises preparation of budget ◦ Not so in Texas—has weakest fiscal influence - No formal input to budget content ----Legislative Budget Board (LBB) in charge. ---- Governor has no appointment power to LBB - Shares power to transfer money between programs for emergency needs - Can use veto (see next slide) - Can use "bully pulpit" -----Try to win battle of public opinion and force LBB into doing something they don't want to do

What is the problem with the death penalty?

Capital punishment losing support of public (across US even in texas) ◦ Life-without-parole sentencing now available in all (before it was hard to keep criminal off the streets they could make it back to society, solution was death penalty) 50 states (in Texas since 2005) ◦ Deterrence effect is doubted ----No scientific support for deterrence (republicans think could prevent people from crimes, David mulhausen said death penalty deters crime and saves lives but no science supports this his study was not well done. Elite scientist said the study was flawed and should not be used) a lot of Delays (...25 yrs in the case on which Judge Price dissented) because of number of appeals can take m ore than the avg 9 years Expense - Multiple studies find death penalty cases to cost millions more than life imprisonment (cost between 3 and 4 million dollars) - About 2-4 times more expensive than imprisonment for life Errors in the form of wrongful convictions

Wrongful Acts Against "a Person"

Civil law is basis for legal disputes between "individuals" over unmet obligations or perceived harms that either cannot or will not be prosecuted under criminal law (wrongs against a person rather than society, don't have prosecuted or defendant) ◦ Plaintiff files complaint or legal suit against defendant - Rationales: Personal injury, contractual violations, divorce, etc. - Objectives: Monetary damages, determination of rights, etc. ◦ "Loser" must compensate "winner" (no found guilty) - Standard for judgment: "preponderance of evidence" (more evidence that is likely that the person did this than why its unlikely less proof) - Civil cases may apportion responsibility for loss (multiple parties can be held responsible) (you can say someone is 75% responsible you cant do this for other) ◦ Corporations are treated as individuals in civil law - Most disputes involving businesses are civil cases

Dual Court Systems (not criminal and civil rather federal and state, same courts in county hear both types)

Federal courts handle issues under federal law ◦ Hear very few cases compared to state courts (not all serious crimes are processed under several) State courts handle issues under state law - 99.9% of 22 million criminal cases in US annually - 99.8% of 27 million civil cases nationwide annually Why? ...because state law governs most aspects of citizens' daily lives Texas has only 2600 courts to handle its share of the load This is the REAL reason that so many cases end in plea bargains - Even IF Texas had only 1/50th of the 50 million cases annually, how could it court system not implode without vast majority of cases ending in plea bargains? its a pressure relief valve, if you didn't have plead bargains Texas would have to spend more money or stop arresting people this won't happen.

Governor's Careers

Governors are often more politically ambitious than other state & local officials ◦ Although most governors do retire after leaving office texas can only claim one president Not everyone can become President, so those who remain in public service often seek other government "promotions" ◦ Appointment to federal Cabinet post (20%) ◦ Run for U.S. Senate (15%) ◦ Appointment as federal judge (5%) (lifetime) over half retire

Lay Participation in the State System

Grand juries - selected through lottery system like trial jury but not always the case ◦ Decide whether or not to indict [in-dite' ] accused individual and send them to trial (reviews evidence brought by prosecutor or district attorney and determine if evidence is sufficient for case to go through trial) ◦ Grand jury of community members reviews state's evidence: Does it justify putting the charged person on trial? In Texas: 12 members with term of 3-6 months Members must be able to commit 2 long days each month to reviewing 50-75 cases each day How is this grand jury selected? Old way: "Key Man" or "Pick-a-Pal" individual is appointed by one of the district judges to select people and put them on list so the judge can approve them. Make up of grand jury was skewed from makeup of community. New way: "Random selection", now lottery system like jury trial but still skew "Key Man" was the method used in Texas through August 2015 to select grand juries - one big objection to the key man is that juries picked under this system rarely disagreed with prosecutor, they agreed so it would go to trial. - Grand jurors were selected by "jury commissioners" picked by the district judge --This is why the system was also known as "Pick-a-Pal" - System was often accused of being a "rubber stamp" that approved whatever prosecutions the District Attorney (DA) wanted --Grand juries rarely decided to "no bill" (set free before trial) an accused individual (highly trained in law and presents evidence that is skewed for the person being guilty, those in jury have no training in law) - System was also accused of persistent economic bias (jury did not look like community) -- Most indicted individuals were from lower income brackets -- Grand jurors were often of above-average wealth—could afford taking time off to serve "Random Selection" is new process for Grand Jury selections (as of Sep 2015) Approved by Texas legislature, governor Makes system function similarly to how trial juries are selected in order to "better represent the community" "Helps address possible biases" in old approach Time will tell: Improved representation? Less biased? Trial juries - 12-person jury in District Courts (most severe crimes) - 6-person juries in County and Justice-of-the- Peace Courts (less sever crimes) - Qualifications to serve: --Over 18yo and eligible to vote --Not under felony indictment --Registering to vote usually adds you to pool of potential jurors --If "summoned," full-time students may claim an exemption—never just ignore a jury summons! - "Jury of peers" usually over-represents professionals, managers, small business owners (not a problem if you are from one or more of those groups...)

Example of a State Civil Case

I have a dispute with my neighbor, whose car was demolished by a tree from my property ◦ My neighbor sues me, claiming I caused harm ◦ At the civil trial, there was testimony that I was seen shouting at the neighbor and later I had rented a chainsaw Am I partially or totally responsible? At trial, my attorney brings out these facts: - Dead tree was a known hazard - Part of my purchase contract required removal by previous owner, but it was not done - I had told neighbor about hazard—I had shouted because he is almost completely deaf - I had hired a bonded, professional tree cutter, but his chain saw was being repaired - I rented a saw for him to use the next day, but the tree fell on my neighbor's car that night during high winds Am I totally or partially responsible?

Advantages of Agencies and the Bureaucrats that Staff Them

Information: ◦ Staff members are in-house experts with command of very large amounts of information Time: ◦ Staff usually takes the "long view" of both history and future (elected official won't be there for years) ◦ Not much is new to them—can predict outcomes ◦ Willing to wait—not going anywhere! --- Able to outwait elected officials and their term of office Procedures ◦ Agencies write them, so they will usually give advantage to the agencies Clientele ◦ Usually support the agency (because the staff will be the ones who stay) Solid basis (...or roots) (sunset commission, difficult to end agency says when agency should be destroyed or merged) ◦ Constitutional or statutory foundation ◦ Much of what agencies do cannot be changed without changing the law

A "Keeper of the Process" Turns Against the Death Penalty

Judge Tom Price, was then an 18-year veteran member of the 9-person Texas Court of Criminal Appeals (term ended in Jan 2015 - 2 courts of final appeal, he wrote letter, part of sentence decision on individual with death penalty court. He wanted to approve appeal while court wanted to overturn appeal. On his way out he made statement that death penalty should be abolished. He's a republican judge.

Institutional Power #5

Legislative ◦ All governors sign bills or can veto them ◦ Texas governorship is above average: has line-item veto (a.k.a., a "pick and choose" veto, superpower) --- Not forced to make "all-or-nothing" decision like U.S. President when considering veto of bill --- Legislature often doesn't have option to override if already out of session, legislature can override veto when in session. Most important bills are passed by end of session. ----------Most bills passed at end of session, so Texas gubernatorial vetoes are often final—override is rare (requires 2/3rds majority in both houses) ◦ Too-frequent or heavy-handed use of veto has been used in past to paint Texas governors as poorly skilled in politics ...still the case? ◦ Calls special sessions for legislature & sets agenda; legislators limited to that agenda ...unless the Governor is careless in his/her wording! --- No guarantee that legislature will pass any legislation in that special session, much less legislation that governor wants ------- However, special sessions are dreaded by legislators— takes money from their pockets by delaying their return to their private lives --- 2013: Perry called 3 special sessions in a row to ensure passage of tough, new abortion law and highway funding ◦ Declare his/her top-priority issues to be "emergency (cant set formal agenda for legislatures) items" for the legislature --- This designation does not force the legislature to do anything --- "Emergency" status does allow the legislature to vote on related bills during the first half of the session, when such votes are forbidden for other bills --- "Emergency" status does put the prestige of the governor behind those issues (for whatever that may be worth) ◦ Gov Abbott's emergency items for 84th Legislature: -- Border security --- Early education --- Ethics reform --- Higher education research --- Transportation funding when gov says is an emergency it's legislature does not have to react, they have the option to. Have to be careful as to what they call cause reflects on them.

How did she run for the bench? what kind of ads did she have

Listen to the topics she includes in her 30-sec TV spot ◦ What was her "tough on crime" claim? - she's sent people back to death row, lock up murderers and child abusers. Trying to say that she's not soft on crime

Assessment of institutional power Wielded by Governors

Max score = 7 pts Deductions: - 1 if share budgetary Powers - 2 for no item veto - 1 for item veto with simple majority override - 1 for lacking authority to reorganize - 1 for having 5-10 other elected officials in executive OR -2 if >10 others composite measure scale from very weak to very strong governors. Texas is not in weakest with Florida but in lowest four. Strongest is Alaska and Delaware federal seal is where president falls as moderate strong

Recruitment of Governors professional background

Most are lawyers, but many come out of business backgrounds (sometimes both)

Lieutenant Governor and the Legislature

Most powerful legislator: "Legislator in Chief" ◦ 4-year term; often builds power by being re-elected repeatedly ◦ President of Texas Senate - leads, oversees all proceedings - Great deal of influence over policy and content of laws - Spends significant time, energy building alliances, outmaneuvering opponents - Not a senator! ◦ Appoints Senate committees - Can differentiate between own party/other party; friends/enemies ◦ Assigns Senate bills to committees: determines bills' futures - Much leeway under rules of Senate; multiple eligible destinations - Reward/punish members, sponsors, committees, interest groups More powerful positions still... ◦ "Co-chair" of 10-person Legislative Budget Board - Drafts budget, sets policy starting point (98% of other gov get to do this but texas does not) ◦ Chair of Legislative Council - Investigates agencies, recommends legislation, conducts studies ◦ Member of 5-person Legislative Redistricting Board - "Gerrymanderer-in-Chief"?

Governorships are Growing in Power

Nationwide trend ◦ State governments playing larger role (plays role outside state too) --Governors frequently advocate for more of that role to be handled by states ...as long as the feds pay the bill! ◦ Growth in state government has occurred within executive branch, which is led by governor (pop continue to grow more for executive branch to do, health care is more evident) ◦ Executive branch leadership is pertinent experience because it is composed of full-time, professional, experienced staff --- In comparison, Legislature is part-time, amateur, lay ◦ Media loves a face—focuses on key personalities ...and governors love to fill that need!

State Courts

Original-jurisdiction or trial courts deal with 2 types of questions: ◦ Questions of fact - Answered by jury if a jury trial, otherwise by judge - Example: Where was the accused that night? - Example: Did the accused commit that crime? ◦ Questions of law Always answered by judge - Example: Is that item of evidence admissible? - Example: May the attorney ask that question? Courts of appeal hear objections to lower court decisions Appeals can only be based on the trial judge's decisions about questions of law - No juries; multiple judges review trial court record (because no questions of fact) (can have more than one judge) - Both parties and "friends of the court" present briefs (rationales for deciding one way or another) - Panel of judges hold hearing (not trial) Either upholds or reverses lower court judgment Can't set defendants free, butcan "remand" (return) cases back to trial court and issue instructions to that lower court - when you have an applet case it takes moths for. hearing to be heard, a brief is sent friends of court files what is important and whats not. Then there is a hearing to allow for oral arguments.

Approach to this Chapter

Plural Executive (tx const put to limit power of governor, power given to individual elected officals) - Mavericks Loose on the Range ◦ Lieutenant Governor - Biggest Hombre in Tejas ◦ Comptroller ◦ Land Commissioner ◦ Railroad Commission ◦ Agricultural Commissioner ◦ Attorney General Bureaucracy - Blossoming under "Small Government" fertilizer (worker bees)

Elect or Appoint the Judiciary?

Reasons often given for appointing judges and justices - Judiciary is more "independent"-protected from biasing decisions toward key past or future campaign donors - Voters don't know who judiciary candidates are, even when they vote for them Reasons often given for electing judges and justices - Why shouldn't the people choose? - More likely to have judiciary that reflects the demography of their jurisdictions - Appointed judges may not have campaign donors to please, but they do have political obligations to whomever appointed them, or lobbied for their appointment—politics will always be a consideration (dont see any clear political driven biased decisions based on party in judges, they tend to call things down the middle) Every rationale above has flaws and contradictions, but political scientists have found no clear, consistent distinctions between decisions made by elected judiciary and those made by appointed judges and justices Iowa plan: Iowa didn't have their own plan for electing money. Big dollars have been making way to judicial election, now not only at state supreme court now in circuit and county level. Money comes from pacs and filling campaigns with lots of money Question may be fundamentally changing with big campaign $$$ Recent US Supreme Court campaign financing decisions are rapidly and dramatically increasing donations in state/local judicial elections ◦ Effects on judicial ethics and decisions are TBD ◦ Government ethics watchdogs are highly concerned video from democracy now: " is your judge for sale" 2014 elections, there is dark money donors and interest groups for judges. Judicial elections have become playground for businesses like presidential elections. Supreme court justices have say in business and marriage equality. Karl Rove flipped Texas supreme court from democrats to rep., tort reform plaintiffs out of control hot coffee incident (woman sued mcdonalds) , corporate form effort (caps on how much people can get for pain and sufferment) created model and exported tp Alabama. dark money groups: hide who the donors are cause qualify as non profit

Bureaucratic Agenciesin Light of Organization Theory

Self Interest model of organizational behavior applicable (self interest organization) Employees want to perpetuate, grow organization for 2 reasons: ◦ Benefit themselves◦ ◦ Continue offering worthwhile goods, services to increasing client base in face of growing problems Mission < (Survival + Growth) ◦ Mission subjugated to survival, growth ◦ If mission met (problem solved), they redefine mission --- Example: March of Dimes conquered polio, switched to fighting birth defects

Judicial Campaigns per Cobb

Standard lines of attack: - "Soft on crime" (can have a judge who is not soft on crime, but this attack hits hard, hard to knock out) - "Legislates from the bench" - " Thwarts the will of the people" - "Activist" Always consider viewpoint & agenda of ad sponsor (look at what kinds of things are true or not) Check the facts—false claims are increasingly common ◦ Cobb: "Many ads for judicial candidates I've seen are downright terrifying, with would- be judges bashing opponents as if they were evil incarnate. These candidates were portrayed as judges who, if given the chance, would release child molesters and murderers and order them to move in next door. Nothing could be further from the truth. But dignity and fairness are too often the first casualties in these kinds of endeavors. How else to explain a campaign ad from the late 1990s in which one candidate for the Alabama Supreme Court, who was revered by many in the bench and bar, nevertheless gave in to pressure from his campaign consultants and ran an ad comparing his opponent to a skunk? The ad opens with the image of the animal and is replaced by a photograph of the opponent as the narrator explains, 'Some things you can smell a mile away. ... You can smell how bad this man's ideas are no matter where you live in Alabama.'" Trying to fix the problem from within government didn't work ◦ Cobb: "I worked for years with former state Representative Jeffrey McLaughlin to eliminate partisan races for judicial office that often make these campaigns overtly and inappropriately political and tend to drive up the amount of money spent by outside groups. And each time—whether the legislature was controlled by Democrats or Republicans—we couldn't make headway. McLaughlin even recounts how one Republican legislator threatened lawmakers of his own party that if they voted to eliminate partisan judicial races, he would ensure they would face primary opponents in their next campaigns." (both parties realized when things are stacked in favor they can use this, why both parties were ok with it) What donors really want... ◦ Cobb: "Here's the thing: Donors want clarity, certainty even, that the judicial candidates they support view the world as they do and will rule accordingly. To them, the idea of impartial and fair judges is an abstraction. They want to know that the investments they make by donating money to a candidate will yield favorable results. For businesses, this means judges who are skeptical of, or hostile to, malpractice suits and product liability claims. For unions, it translates to backing those who see business, especially Big Business, as the enemy. ◦ Cobb: "They just want to win."

Institutional Power #2

Tenure Potential (hard to get someone to leave) ◦ Ability to remain in office, including any re-election restrictions ◦ Vary widely across states --- Length of terms --- Maximum number of consecutive terms --- Maximum number of non-consecutive terms ◦ Few governors serve more than 8 years (in texas there are no limits) --- Gov. Perry began serving in 2000, was first elected in 2002, served until 2014

Gubernatorial Power

Two components ◦ Institutional (formal power) --- Given by state's Constitution --- Five types ◦ Personal (informal power) --- Varies with the person & circumstance (personal abilities and skills gov brings into office) Defies expectations of most Texans ◦ Institutional - Weaker than expected ◦ Personal - Stronger than expected Sometimes referred to as formal and informal powers

WHY the Judiciary Matters

a lot of us dont think much about judicial system at state or local level, but it really matters. Juducial races are gonna have low turout as local races because no more straight ticket. Corporate and special interest big-spenders think it does, and increasingly so ◦ Effects of that money is questionable ◦ But is money neutral, OR is money an expression of power? Will you vote in the judicial elections? ◦ Will the candidates be unknown names on the ballot? ◦ Will you simply pick the Republican or Democrat? ◦ Will you attempt to assess the records of fairness? Will you or a loved one commit a crime or go to court on a civil matter? ◦ If a criminal matter, will you be wrongfully convicted? (As an elite, the odds say "no," but what about someone else?) If politics is all about winning and losing, the calls of the "referees" (judges & justices) often determine the outcome!

State Bureaucracies Have Grown

What does this say about the correct focus of "big government" debates? Can governors credibly criticize federal government growth? these are the non appointed andiron elected employees. At federal state and local level. Each year is diff color. Federal is less than half of the cumulative state bureaucracies, but thats 50 diff ones of varying sizes. Theres over 90000 local Govs each with their own bure. Over 20 years federal gov didn't grow it actually shrunk but local expanded. So define terms of big govt

Personal Powers of Governors

What enables governors "to get stuff done" despite institutional limits ◦ Dependent on personality and political skills ◦ Informal and indirect ◦ Especially important for institutionally "weak" governorships, like in Texas Win the de facto leadership role by using the media, public contact, and skillful diplomacy & persuasion Teddy Roosevelt's "bully pulpit" governor of Delaware: what states can do on birth control, ex of using personal power

Governors' Institutional vs. Personal Powers

What kind of specific measures might be included in this aggregate measure of "personal power?" ...so no empirical relationship, but relative positions of states are still of interest - institutional vs personal power, too random. No empirical relationship. Variation, personal power is tied to person who is in office, texas is high on personal power when compared to Florida and Idaho and Arkansas. There is huge gap for personal at the same institutional power.

State Bureaucracies Have Been Growing for Some Time

Where federal employment does not include military or intelligence personnel sand chart, bottom is federal steady, middle is state there is growth, local growth the most. Slope of one impacts slope of the other. Peaks, if anything appears below its translated.

Lieutenant Governor: El hombre grande de tejas

Widely accepted as most powerful government position in the State of Texas (when you see large void in gov power they have this power) ◦ Formal-power "voids" in Governor office inversely reflect the formal-power strengths of Lt. Governor Elected separately ◦ Not a paired "ticket" with governor on ballot ◦ Sometimes from different party than governor Interviews with former officeholders:

courts of original jurisdiction except for district courts

county level trial courts of limited jurisdiction : handle all things that are not felonies. If civil case, handles less serious things. - there is multiple different county level courts, but there is 1 county court per county. This is the Judge that is a member of commissioners court for county gov. (the one for the constitutional county court) - legislatures come in and say county pop is bigger than one court can handle and statutory courts are added. Not added by constitution but by legislature. - statutory probate courts, process after someone dies to see where assets go. local trial courts of limited jurisdiction justice courts: oversee justice and peace, hear minor issues, allow larger courts to hear larger issues, only court that the justice does not have to have a legal degree (experience as attorney) municipal court: may exist or not depending on size of city, traffic tickets issued by police rather than sheriff.

Wrongful Acts Taken to Our Courts Two types of law

criminal & civil Can sometimes be applied to same wrong (kind of case) - ex: think of story of when celebrity dies to to overdose there is an investigation, sometimes they process criminally sometimes they dont so fam can sue someone to be responsible it could be a civil suit for wrongful death

Plural Executive: Mavericks Loose on the Range (horses don't want to be contained)

disperse power among others Other statewide elected officials in executive branch ◦ Many powers typically in hands of one office are spread across multiple elected offices, commissions, and boards ◦ This dispersal done intentionally in TX Constitution to create an institutionally weak chief executive—Texans didn't want a king Key statewide-elected leaders: ◦ Lieutenant Governor ◦ Comptroller (now also incorporates "Treasurer") ◦ Land Commissioner ◦ Railroad Commission (3 seats) ◦ Agricultural Commissioner ◦ Attorney General

Attorneys General flexing muscles across the U.S.

important roles of attorney general: can sue and band togehter and lobby

evidence presented by defense

jurors marked in green have a B, black members

Selection of Justices For State Courts of Last Resort

mazur plan very popular due to policy proliferation, other states see it and spreads. In new England area they do governor appointments, non partisan election in north, patch work in south with texas being partisan elections

criminal charge

murder