Texas Independent Bar Association Austin, Texas John G. Jasuta Charles Mallin Gail Kikawa McConnell Angela J. Moore

Transcription

1

2 Published By Texas Independent Bar Association Austin, Texas Web Page: Alan Curry Helena Faulkner Jeffrey S. Garon Lee Haidusek Copyright 2013 Texas Independent Bar Association and the following Commentators John G. Jasuta Charles Mallin Gail Kikawa McConnell Angela J. Moore Doug O Brien Greg Sherwood David A. Schulman Kevin P. Yeary Clicking a hyperlink (such as a judge s name) will load the linked opinion or document in your web browser. It is TIBA s policy that commentators do not summarize or comment on cases in which they were involved. Volume 21, Number 11 ~ Monday, March 18, 2013 (No. 952)

3 Featured Article The Hockley County Courthouse Chuck Lanehart RETURN TO TABLE OF CONTENTS This article was originally published in the Lubbock Area Bar Association publication, The Lubbock Law Notes. Used by permission. Chuck s Courthouse Rating: CLICK HERE to see Chuck Lanehart s Introduction to his West Texas Courthouse Series, The Good, the Bad and the Butt-Ugly. The Hockley County Courthouse is one of my favorite places to practice law: the atmosphere seems to promote the cause of justice. But I can only give it a couple of stars. Physical flaws and other shortcomings mitigate against a better rating. The style is Classical Revival (some sources say Renaissance Revival), and the exterior is well preserved, almost historically intact. Construction materials are primarily concrete and Algonite stone of granite base color, machine-tooled up to the first window sill and buff color the remainder of the way up the sides of the building. Ionic engaged columns create the effect of a two-story loggia on the second Chuck Lanehart is a shareholder in the Lubbock firm of Chappell, Lanehart & Stangl, PC. A 1977 graduate of Texas Tech University School of Law, he is board certified in the field of Criminal Law by the Texas Board of Legal Specialization. Chuck served as director of the State Bar of Texas and as president of the Lubbock County Bar Association. He was the founding editor in 1987 of LCBA's monthly publication, The Lubbock Law Notes. A former director of the Texas Criminal Defense Lawyers Association, Chuck was awarded TCDLA's President's Commendation for "Outstanding Service to the Citizen Accused" and the President's Award for service to the TCDLA Strike Force. Chuck is a charter member and former president of the Lubbock Criminal Defense Lawyers Association. Texas Monthly magazine has named him a "Super Lawyer" in the field of criminal law. He has published several articles about legal history in various publications. In 2008, Chuck was named among the "200 Most Influential People in the History of Lubbock" by the Lubbock Avalanche-Journal. See Chuck s website: TIBA s Texas Law Reporter - Vol. 21, No March 18, Page 1

4 and third floors. The structure is bounded by Houston, Austin, Avenue G, and Avenue H, and centrally located on the Levelland town square. Completed in 1928, the courthouse is sort of middle-aged compared to other South Plains centers of government. 1 Designed by Preston Lee Walker, the project cost the county about $150,000 to build. There are three floors, with a floor above the third floor for the original jail. The jail area, now abandoned for storage space, was accessed from the third floor by means of a narrow spiral staircase, which still exists. Old-timers recall trouble forcing recalcitrant prisoners up the steep steps to the six cells on the jail level. The physical flaws of the Hockley County Courthouse stem from the late 1970's remodel of the interior, and the addition of a south wing about the same time. The one-story south wing does not attempt to duplicate the classic architecture of the original building, and though the addition was intended to allow for a later extension of the upper floors of the courthouse, architectural design flaws reportedly make any such improvements impossible. Dull best describes the interior of the Hockley County Courthouse. The late 1970's remodel resulted in an antiseptic and bleak jumble of earth tones, dropped acoustic tile ceilings, endless carpeted floors, and a lack of distinctive ornamentation, with the exception of some nice white marble wainscoting here and there. 1 The average age of the 24 South Plains county courthouses is 77 years (the average completion date was 1932). The oldest South Plains courthouse is in Dickens County (1893) and the youngest is in King County (1982). TIBA s Texas Law Reporter - Vol. 21, No March 18, Page 2

5 The first-floor Hockley County Courtroom is little more than a large conference room, inadequate for jury trials. By contrast, the third-floor District Courtroom is well designed, and despite the dreary 1970's decor, it is a good place to stage a trial. Bench-style padded pews are comfortable for jurors and spectators, and multiple large windows on the east and south walls of the courtroom provide good natural light. There are no conference rooms in the Hockley County Courthouse. If a lawyer wants privacy to visit with a client or witnesses, the only choices are the District Court jury room (assuming a jury isn t in session or another lawyer has not commandeered the space) or the County Courtroom, if it is not otherwise in use. 2 When I was a young lawyer, there was a popular little break room on the third floor where lawyers and judges congregated for smokes and coffee, and to catch up on the local gossip. The nicotine-stained space was removed when the District Judge s chambers were enlarged a few years ago, giving the Judge s office a respectable size with a proper entry. As is common in all old courthouses, the Hockley County Courthouse lacks adequate restroom facilities. Although I like the fact that the courthouse personnel contribute to a genial, laid-back attitude, Levelland folks seem to sleep late. Most Hockley County offices never open until 9:00 a.m., and papers can t be filed in the District or County Clerk s offices until that time. I try to 2 Recently, I found myself arranging chairs on either side of the narrow south wing hallway to prepare witnesses for testimony, with visitors to the JP or tax office passing through from time to time as if running the gauntlet. It is common to see lawyers woodshedding witnesses on the beautiful north lawn of the courthouse, weather permitting. TIBA s Texas Law Reporter - Vol. 21, No March 18, Page 3

6 get business done as early as possible, and I appreciate early-riser courthouse clerks who show up at 8:00 a.m. or even earlier to help me conduct my business. A major complaint I have with Hockley County is a goofy courtroom security rule. In all criminal cases, whether the defendant is on bond or incarcerated, the bailiff requires the citizen accused to remain seated at counsel table when the judge and the jury enter the courtroom, even as everyone else is required to rise. Is the fear that the defendant may leap across the counsel table and attack the judge or the jury? In my experience, it s usually someone in the gallery that s more likely to do something crazy, but the bailiff does little to prevent such surprises. Requiring the defendant to remain seated before the judge and jury when everyone else is required to stand sends a message that the defendant is disrespectful and different, and probably guilty of something. This security practice, which I have never seen anywhere else, is not conducive to a fair jury trial, in my opinion. There s another shortcoming about this courthouse. I talked to everyone I knew to talk to about any interesting stories staged at the Hockley County Courthouse. I inquired about racist incidents, dramatic murder trials, maybe a juicy divorce case involving sex, drugs and rockn-roll? Nobody could remember much of anything. 3 There was a big bank robbery back in the 1940's, but there were no arrests, so no high-profile trial. The Hockley County DA busted an infamously corrupt Lubbock pathologist in the early 1990's, but there was no celebrity trial, just a plea deal. One old lawyer said, Nothing of any interest has ever happened over there. 3 Texas Tech law professor Pat Metze, a Hockley County expatriate, remembers witnessing one interesting trial some 30 years ago. Darrell Burton killed Red Bull over a craps game, Pat says. The jury gave Darrell probation even though he shot Red in the back. TIBA s Texas Law Reporter - Vol. 21, No March 18, Page 4

7 The Hockley County Courthouse features perhaps the most beautiful grounds of any on the South Plains. The north entrance overlooks an expansive lush green lawn punctuated by huge elm trees, and a big whitewashed gazebo. There is also a marble war memorial, and a decorative wooden windmill. The courthouse is surrounded by a vibrant, traditional town square chock-full of busy shops occupied by local merchants: it s as if nationally-franchised businesses have been banned here. Plenty of free parking surrounds the square, complementing the commercial appeal of the businesses. TIBA s Texas Law Reporter - Vol. 21, No March 18, Page 5

8 Also on the square is the abandoned old two-story1938 Hockley County Jail, now used only for storage. Just above the jail entrance, a faded warning remains: $10 fine to talk to prisoners. The jail contained 13 second-floor cells and had sheriffs quarters on the first floor, but there were no facilities for women. 4 In 1984, a new jail was built a few blocks south of the square on Avenue H. On the southwest corner of the courthouse grounds is the Hockley County Library, a fine facility. I feel a little guilty about the two measly stars I have awarded this courthouse, but it is not a reflection of the people of Hockley County. In my 35 years of law practice, the folks who have inhabited the place have made it a very pleasant place to do business. The prosecutors tend to be practicalminded public servants. The judges tend to be evenhanded and attempt to follow the law in low-profile cases. There is not a lot of crusading for political or personal gain. 4 Professor Pat also remembers the old jail. The Sheriff s wife cooked for the inmates and gave them bologna, white bread and coffee three times a day. And of course, smoking was allowed everywhere. The smell of that place was unbelievable. TIBA s Texas Law Reporter - Vol. 21, No March 18, Page 6

9 I have a theory about this phenomenon: Judge Led and Uncle Billy made it happen. Judge M.C. Led Ledbetter was District Judge of the 286th District Court from 1959 until1980. His good example as a lawyer, judge and gentleman helped those who followed him learn to do the same. 5 Bill Uncle Billy Boedeker was the uncontroversial 286th District Attorney most of the time Led was judge. His quiet demeanor and fairminded attitude seems to have been passed down to later generations. This is the third in a series of articles on West Texas/South Plains courthouses Chuck has provided. Next (in a future report): The Lubbock County Courthouse. 5 The last weekend of July each summer, Led invited the lawyers and trusted county personnel from the four-county district to his beautiful mountain hideaway by the river in Ruidoso, New Mexico. The Sheriff would bring all the beer and liquor he had confiscated from local bootleggers. Those gathered would drink too much of it, gamble, and otherwise party the weekend away, creating and rekindling courthouse relationships. This was a time-honored tradition that fostered collegiality within the legal community. TIBA s Texas Law Reporter - Vol. 21, No March 18, Page 7