< Previous www.TerryLowry.com February 2020 2627 February 2020 www.TerryLowry.com www.TerryLowry.com February 2020 2829 February 2020 www.TerryLowry.com www.TerryLowry.com February 2020 30 Weekdays 2:00 to 3:00 PM on FM 100.7 The Word. Visit www.TerryLowry.com Child Protective Service and the Court of Appeals GUEST EDITORIAL By Judge James Lombardinon Candidate for the First Court of Appeals, Place 5 T he issues with Child Protective Service (CPS) are many and complex. CPS has a budget of $1.7 billion and a staff of almost 10,000, and with these resources is charged with protecting the children of Texas from abuse and neg- lect. If a child is abused or neglected, immediate removal of the child from the child’s home is required. Assuming the removal is justified, the issue then is where the child should be placed, and whether this should be with a family member or a foster family. Sadly, a child is often placed in foster care with a stranger when there is a willing and appropriate family member available. CPS policy often requires a “home study” prior to placing children with a competent family member. Preparation of the “home study” may take weeks, with the children remaining in foster care during this period. While CPS is preparing their assessment of the family members, the children are in the care of complete strangers. Too many times, these children are abused, neglected and subjected to psychotropic medications. In fact, a federal judge in Dallas is currently fining CPS $50,000 per day for violation of children’s right to be in a safe environ- ment. In 2018, a judge in Houston similarly f ined CPS $127,000 for wrongfully removing children in Harris County. If a family believes a removal was based on bias or unjustified, or the children were not quickly returned to the family when there is insufficient evidence of abuse or neglect by the family, the family can go to the court of appeals for review of the removal. It is imperative in these cases for the appellate courts to have justices familiar with CPS and the Texas Family Code requirements for CPS removal. The appellate courts need to treat these appeals as an emergency for the child and to render a decision in a short period to minimize the trauma to the children and to the family. In Harris County, there has not been a Justice on the Court of Appeals with extensive family law experience since 2009, when Justice Eva Guzman was elevated to the Texas Supreme Court. Editor’s Note: The goal of Judge James Lombardino, candidate for the First Court of Appeals, Place 5, is to give these children the immediate attention they deserve and render a decision in an accelerated time period. James Lombardino31 February 2020 www.TerryLowry.com Weekdays 2:00 to 3:00 PM on FM 100.7 The Word. Visit www.TerryLowry.com Bond Changes: Are Victims And The Community Safer? GUEST EDITORIAL By Chad Bridges Candidate Justice 1st Court of Appeals, Place 5 B onds are set to ensure that persons accused of a crime appear for court. However, bonds and conditions that judges impose as part of that bond are also meant to ensure the community is safe while a case is pending. Over the past several years, there have been a number of changes to the bond setting process in criminal cases. None of the recent changes have removed a judge’s duty to protect society while cases are pending disposition. A wise judge considers all of the applicable laws and finds a way to follow all of them. In Texas, Article 17.15 of the Code of Criminal Procedure outlines the factors judges should look to when setting bond. They include: 1. Bail shall be sufficiently high to give reasonable assurance that the undertaking will be complied with. 2. The power to require bail is not to be so used as to make it an instrument of oppression. 3. The nature of the offense and the circumstances under which it was committed are to be considered. 4. The ability to make bail is to be regarded and proof may be taken upon this point. 5. The future safety of a victim of the alleged offense and the community shall be consid-ered. All of these factors are important and all should be given weight. Our Constitution demands that bail not be exces- sive; and our Constitution must be followed. However, that does not eliminate any of the other factors set out by our Legislature. The fact that community safety is listed fifth instead of first does not make it less important. During the last Legislative Session, Senator Lois Kolkhorst filed SB 1804 to address the safety of the public while domestic violence cases are pending. SB 1804 would have required DPS to modify the statewide law enforcement database (called TCIC) to permit inclusion of bond condi-tions. This modification to TCIC would allow police to enforce the mandatory arrest provisions of the Code of Criminal Procedure when bond conditions are violated in family violence cases. That effort was derailed when Rep. Alfonso Nevaraz (D) tacked on an amendment to SB1804 relating to radioactive waste fees. [Editor’s note: Nevárez announced in November 2019 that he would not seek re-election in 2020, a decision ultimately con-nected to his arrest for cocaine possession later that month.] Despite that derailment, Governor Abbott is directing DPS to make bond conditions available to local law enforcement via TCIC. We are a nation of laws enacted by our Legislature. Senator Kolkhorst should be encouraged to continue to pursue the victim notification protocols that were also a part of SB1804 during next year’s session. Judges should follow all of those laws and the Constitution to the best of their ability – including the ones designed to protect the safety of the community. Texas GOP Primary Ballot Propositions www.TerryLowry.com February 2020 32 GUEST EDITORIAL By State Representative Valoree Swanson These 10 non-binding proposi- tions will be on the Republican Primary Ballot. Vote YES if you agree or NO if you disagree. 1. Texas should not restrict or prohibit prayer in public schools. YES - As a nation, we pride ourselves on freedom of religion. Prohibiting teachers and students from exercising that right is unconstitutional and should no longer be tolerated from Texas public schools. 2. Texas should reject restrictions on the right to keep and bear arms. YES - Texas has made great strides in increasing Second Amendment rights. We must continue to fight the efforts of the left to take away our constitutional rights. 3. Texas should ban the practice of taxpayer- funded lobbying, which allows your tax dollars to be spent on lobbyists who work against the taxpayer. YES - Your tax dollars should not be spent on lobbying for higher tax rates and other ways to siphon tax dollars from Texas citizens. 4. Texas should support the construction of a physical barrier and use existing defense- grade surveillance equipment along the entire southern border of Texas. YES - While Congress drags their feet to protect our southern border, Texas needs to take the lead to ensure that our citizens are protected from gangs, human trafficking, and cartel violence. 5. Texas parents or legal guardians of public school children under the age of 18 should be the sole decision makers for all their children’s healthcare decisions including, but not limited to, psychological assessment and treatment, contraception, and sex education. YES - Time and time again, we are reminded govern- ment makes a terrible parent. We need to ensure the power to determine what is best for their children lies exclusively with parents. 6. Texas should ban chemical castration, puberty blockers, cross-sex hormones, and genital mutilation surgery on all minor children for transition purposes, given that Texas children as young as three (3) are being transitioned from their biological sex to the opposite sex. YES - Certain rights are reserved for adults because children's brains are not yet fully developed. It is absurd to allow them to make these kinds of life- altering decisions at such young ages. 7. Texans should protect and preserve all historical monuments, artifacts, and buildings, such as the Alamo Cenotaph and our beloved Alamo, and should oppose any reimagining of the Alamo site. YES - It is imperative that Texas preserve our powerful history by saving our monuments and historical sites. Only efforts to restore the Alamo to its 1836 battle- ground conf iguration should be entertained. The Cenotaph memorial to the Alamo fighters should not be moved. 8. Texas election officials should heed the directives of the Office of the Governor to purge illegal voters from the voter rolls and verify that each new registered voter is a U.S. Citizen. YES - The right to vote is a crucial one for Texas citizens and one that is diluted by illegal voters. We must ensure that our election integrity remains intact. 9. Bail in Texas should be based only on a person’s danger to society and risk of flight, not that person’s ability to pay. PROPONENTS SAY - this will ensure potentially innocent Texans are not punished for their financial status. OPPONENTS SAY - this allows dangerous criminals to be released early to commit more crimes. 10. 10. Texas should limit our state legislators' terms to 12 years. PROPONENTS SAY - this will prevent entrenched career politicians. OPPONENTS SAY - this will give more power to unelected professional staffers and career bureaucrats who do not have term limits. Valoree SwansonPRSRT STD US POSTAGE PAID DALLAS, TX PERMIT # 3260 the LINK Letter 10924 Grant Road, #133 Houston, TX 77070 www.terrylowry.com HARRIS COUNTY SPECIAL EDITION FOR THE PRIMARY ELECTION Terry Lowry host of the What's UP Radio Program invites you to visit www.TerryLowry.com EARL Y VOTING HOURS FEBRUARY SUN MON TUES WED THURS FRI SAT 16 17 18 19 20 21 22 23 24 25 26 27 28 29 MARCH 1 2 MARCH 3 4 5 6 7 7:00am - 7:00pm 1pm - 6pm Election Day 7:00am - 7:00pm Early and Election Day Voting Locations And a printable Sample Ballot Can be found at www.TerryLowry.com Click: Voting InformationTear this page out and use it in the voting booth. ! T ear this page out and use it in the voting booth. Harris County Sample Ballot President/Vice-President Bob Ely Roque "Rocky" Guerra Matthew John Matern Bill Weld o✔ Donald J. Trump Zoltan G. Istvan Joe Walsh U. S. Senator Mark Yancey Dwayne Stovall Virgil Bierschwale o✔ John Cornyn John Anthony Castro U. S. Rep District 2 Dan Crenshaw U. S. Rep District 7 Laique Rehman Jim Noteware Wesley Hunt Maria Espinoza o✔ Cindy Siegel Kyle Preston U. S. Rep District 8 Melissa Esparza-Mathis Kirk Osborn o✔ Kevin Brady U. S. Rep District 9 Julian A. Martinez Jon Menefee o✔ Johnny Teague U. S. Rep District 10 Michael Mccaul U. S. Rep District 18 Robert M. Cadena Wendell Champion Nathan J. Milliron T.C. Manning Ava Reynero Pate Truly Heiskell Judge, Court Of Criminal Appeals Place 4 Kevin Patrick Yeary Judge, Court Of Criminal Appeals Place 9 David Newell Member, State Board Of Education District 6 Will Hickman Member, State Board Of Education District 8 Audrey Young State Senator, District 4 Brandon Creighton State Senator, District 11 Larry Taylor State Senator, District 13 o✔ Milinda Morris William J. Booher State Senator, District 18 Lois W. Kolkhorst State Rep District 126 E. Sam Harless State Rep District 127 Dwight Ford o✔ Dan Huberty State Rep District 128 Robert C. Hoskins o✔ Briscoe Cain State Rep District 129 Ryan Lee o✔ Dennis Paul State Rep District 130 Tom Oliverson U. S. Rep District 22 Shandon Phan Aaron Hermes Douglas Haggard Matt Hinton Jon Camarillo Brandon T. Penko Joe Walz o✔ Troy Nehls Kathaleen Wall Greg Hill Bangar Reddy Howard Steele Pierce Bush Dan Mathews Diana Miller U. S. Rep District 29 Jaimy Z. Blanco Robert Schafranek U. S. Rep District 36 o✔ Brian Babin Rj Boatman Railroad Commissioner o✔ Ryan Sitton James "Jim" Wright Chief Justice, Supreme Court Nathan Hecht Justice, Supreme Court, Place 6 (Unexpired Term) Jane Bland Justice, Supreme Court, Place 7 Jeff Boyd Justice, Supreme Court, Place 8 Brett Busby Judge, Court Of Criminal Appeals Place 3 o✔ Gina Parker Bert Richardson Don’t Vote Alone! Take Another Voter With You EARL Y VOTING HOURS FEBRUARY SUN MON TUES WED THURS FRI SAT 16 17 18 19 20 21 22 23 24 25 26 27 28 29 MARCH 1 2 MARCH 3 4 5 6 7 7:00am - 7:00pm 1pm - 6pm Election Day 7:00am - 7:00pmTear this page out and use it in the voting booth. ! T ear this page out and use it in the voting booth. State Rep District 132 Mike Schofield o✔ Angelica Garcia State Rep District 133 Jim Murphy State Rep District 134 Sarah Davis State Rep District 135 o✔ Justin Ray Merrilee Rosene Beazley State Rep District 138 Josh Flynn o✔ Lacey Hull Claver T. Kamau-Imani State Rep District 142 Jason Rowe State Rep District 144 Tony Salas State Rep District 145 Martha Elena Fierro State Rep District 148 Luis La Rotta State Rep District 149 Lily Truong State Rep District 150 Valoree Swanson Chief Justice, 14th Court Of Appeals District Tracy Elizabeth Christopher Justice, 1st Court Of Appeals District Place 3 Russell Lloyd Justice, 1st Court Of Appeals District Place 5 Terry Adams o✔ James Lombardino Levi J. Benton o✔ Chad Bridges Justice, 1st Court Of Appeals District Place 7 Ken Wise District Judge, 61st Judicial District Erin Elizabeth Lunceford County Tax Assessor-Collector Chris Daniel Harris County Department Of Education, Place 5 o✔ Bob Wolfe Connie Dubroff Fred Flickinger Harris County Department Of Education, Place 7 o✔ Don Sumners Kay Smith County Commissioner Precinct 3 Susan Sample o✔ Tom Ramsey Brenda Stardig Justice Of The Peace Precinct 1, Place 1 Jerry Wayne Dugat Justice Of The Peace Precinct 4, Place 1 Lincoln Goodwin Justice Of The Peace Precinct 5, Place 1 o✔ Adrianna Higginbotham Russ Ridgway o✔ Mike Wolfe Justice Of The Peace Precinct 8, Place 1 Holly Williamson County Constable Precinct 2 Daniel Vela County Constable Precinct 3 Andre Hines County Constable Precinct 4 o✔ Mark Herman Chris Bounds County Constable Precinct 5 Ted Heap County Constable Precinct 8 Phil Sandlin Harris County Republican Party Chair Paul Simpson Keith Nielson District Judge, 80th Judicial District Sharon Hemphill District Judge, 127th Judicial District Nile Copeland District Judge, 129th Judicial District Will Archer District Judge, 133rd Judicial District Sheri Y. Dean District Judge, 164th Judicial District Michael Landrum District Judge, 165th Judicial District Bruce Bain District Judge, 215th Judicial District Fred Shuchart District Judge, 334th Judicial District Dan Lemkuil District Judge, 339rd Judicial District Jesse Mcclure District Judge, 351st Judicial District Arlene Hecht District Judge, 507th Judicial District Alyssa Lemkuil Harris County District Attorney o✔ Mary Huffman Lori Deangelo Lloyd Wayne Oliver County Civil Court At Law No. 4 – (Unexpired Term) Clyde Raymond Leuchtag County Criminal Court At Law No. 12 – (Unexpired Term) Linda Garcia County Criminal Court At Law No. 16 Bill Harmon County Attorney John Nation Sheriff Paul Day Randy Rush o✔ Joe Danna Next >