12 CANDIDATE PRIMARY QUESTIONNAIRE

Montgomery County Sheriff

Captain Rand Henderson

Chief Jim Napolitano

9th District Court

Attorney Kate Bihm

1st District Attorney Phil Grant

Attorney Eric Yollick

410th District Court

Attorney Kristin Bays

Associate Judge Jennifer Robin

Attorney Chuck Meyer

TX 8th Congressional District

Congressman Kevin Brady

Colonel Andre Dean

Craig McMichael (USMC)

Honorable Steve Toth

 Question #10 Executive Order

Considering the Constitutional principle of Dual Sovereignty [1] shared by the State of Texas and the United States in terms of enumerated powers and then imagine the following scenario and explain your response.

You have recently assumed office (as Sheriff, Judge, Congressman). The President of the United States issues an executive order to establish a staging area for 10,000 foreign refugees at Lone Star Executive Airport for distribution throughout Montgomery County and mandates full cooperation and support of local and state agencies. In this case The Governor has failed to act for or against the executive order.

What is your response in your official capacity or alternately your unofficial but public position? What action will you call for from other officials?

[1] Printz v. United States (95-1478), 521 U.S. 898 (1997)

Question #9 Ethics

If while in office you became aware of unethical conduct on the part of a peer,
how would you handle it?
Do you believe Judges/Sheriffs/Congressmen
should be required to report peer misconduct?

Question # 8  Transparency

Please state your position for each category below –
Would you favor or oppose a system in which all sentencing decisions were
routinely reported in local newspapers, indexed and tallied by the name of the judge?
Would you favor or oppose a system in which all arrest data were
routinely reported in local newspapers, indexed and tallied by the name of the Deputy ?
Would you favor or oppose a system in which all votes were
routinely reported in local newspapers, indexed and tallied by the name of the legislator?

Question # 7  Nullification

In  the June 2015 Obergefell v. Hodges decision of the SUPREME COURT OF THE UNITED STATES  Justice Scalia

wrote the following in his 6 page dissent ~

 “Hubris is sometimes defined as o’erweening pride; and pride, we know, goeth before a fall. The Judiciary is the “least dangerous” of the federal branches because it has “neither Force nor Will, but merely judgment; and must ultimately depend upon the aid of the executive arm” and the States, “even for the efficacy of its judgments.”

In January 2015 as if in anticipation of Obergefell Alabama Chief Justice Roy Moore declared his commitment to State law saying ~

“As Chief Justice of the Alabama Supreme Court, I will continue to recognize the Alabama Constitution and the will of the people overwhelmingly expressed in the Sanctity of Marriage Amendment,”

Please briefly lay out your understanding of the essential principles of Nullification and then explain how and under what circumstances those principles can be applied by a state or local elected official.

Question # 6  Reinventing Debtors Prison

Infographic : The Cycle Of Ticket Debt

Texas Targeted as a Debtors’ Prison

Various reports are emerging about how Texas is among States that are tolerating or even inducing a new form of Debtors Prison around the poor and their ability to defend themselves against the cascading effects of unpaid fines, for speeding, driving without a license and driving without insurance.

Is this a valid complaint?

What is the solution?

Question # 5  Refugee Resettlement

Texas is now the top destination among 50 states for resettlement of people claiming refugee status and the Texas Department of State Health Services reports Texas received over 12000 refugees in 2014. Refugee resettlement is a Billion dollar business.

What is your view of how Texas should respond to the call to accept more refugees?

Question # 4  Overcriminalazation

Please review video Overcriminalization in 60 Seconds

What do you think about the relationship between overcriminalization and the growing prison population in Montgomery County ( Sheriff ) of Texas ( Judges ) or the United States ( Congressmen )? What response
should society have to overcriminalization and prison overcrowding?

Question #3 Filming the Police

Responses due by noon Monday December 7th .

With the advent of smartphones and amateur journalist blogging the filming of public interaction of law enforcement with the public has grown exponentially. The existence of these digital records can have a significant effect, either positive or negative on investigations and conduct of law enforcement as they go about their duties.

One recently proposed bill sought to create a misdemeanor for filming within 25 ft.

Police agencies are responding by drafting new policies that address the legal issues for the public and the members of law enforcement. Recently, the Montgomery County Sheriff’s Dept. and Pct 5 Constables Office attended a NPPA Conference in advance of developing a policy for Montgomery County.

As a Lawmaker, Law enforcer or Law Judge,

What elements must a good policy include and what role should the public play in its development and implementation?

Question #2  The Nature of Law

During Texas 84th legislative session State Representative Mark Keough introduced HB 3184 a bill seeking to import the civil law process of mediation into criminal law. The law applied to some  first time misdemeanor and felony offenders. The bill passed though the legislative process but failed to become law on veto by Governor Greg Abbott who stated “Making amends with the victim of a crime does not absolve the criminal of his legal debt to the State.”

Do you agree with the Governor? What is the purpose of law from your point of view as a Legislative/Judicial/ Law Enforcement official?  Who is it intended to protect?

What should be the role or effect of private judging companies (such as JudicialArbitration and Mediation Service) in the judicial or incarceration system?

(answer should be based on elected office sought.)

Question #1 Civil Asset Forfeiture.

Texas Supreme Court Justice Don Willett said “A generation ago in America, asset forfeiture was limited to wresting ill-gotten gains from violent criminals. Today, it has a distinctive ‘Alice in Wonderland’ flavor, victimizing innocent citizens who’ve done nothing wrong.”

Please reply with your view of the proper application of Civil Asset Forfeiture laws in general in Texas
and explain how your view will affect your policy as an elected official.