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Newly Elected Democratic County Judges Introduce Major New Bail Reform Changes

NNPA NEWSWIRE — “…backlash resulted in Harris County voters showing up to the polls and sending those judges packing, allowing a new crop of Democratic judges to take up the issue of bail reform in a swift and more progressive manner after being sworn in on January 1.”

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By Jeffrey L. Boney, NNPA Newswire Political Analyst

There is an old saying that “elections have consequences” and in Harris County, Texas, that saying has new meaning.

This past November, Democrats swept every single race in Harris County during the midterm elections, turning the county completely blue. Prior to the midterm elections, one of the most controversial and highly charged issues at the county level involved bail reform.

There was heavy pushback against bail reform in Harris County, mostly from the Republican judges who had served on the bench for years, which caused backlash amongst many activists and community leaders. That backlash resulted in Harris County voters showing up to the polls and sending those judges packing, allowing a new crop of Democratic judges to take up the issue of bail reform in a swift and more progressive manner after being sworn in on January 1.

This new slate of 15 Democratic county judges recently held a major press conference at the Barbara Jordan-Mickey Leland School of Public Affairs building located at Texas Southern University, along with Harris County Criminal Court at Law Judge Darrell Jordan, who has been on the bench since 2017 and who was the first judge to implement bail reform locally, and many other key county elected officials such as new County Judge Lina Hidalgo, and other activists and community leaders, to unveil significant revisions to Harris County’s current bail system.

Jordan announced the passage of Local Rule 9.1, which is a new bail rule that was drafted by the judges, with significant input from Harris County Sheriff Ed Gonzalez, Harris County District Attorney Kim Ogg, as well as from the lawyers who represent the indigent defendants that have been impacted by Harris County’s unconstitutional bail system.

The county contingent believes this change will finally bring effective bail reform to Harris County, and they plan to present this adopted new bail reform change to a federal judge to request it be implemented immediately in order to settle the civil rights lawsuit that has been filed against Harris County. According to county officials, Harris County has spent roughly $9 million in public funds on three outside private law firms to defend itself against the 2016 lawsuit that brought by two civil rights groups and a local law firm on behalf of indigent defendants who could not pay the necessary money to be released from jail.

“We want to settle this within the first 30 days of the new judges taking office,” said Jordan. “I am pleased that we were able to collaborate to ensure we came up with a rule that was in line with national best practices and something feasible for all parties to carry out. Due to the pending lawsuit we have to request to operate under our new rule. This will be a joint motion from the plaintiffs, DA, Sheriff, and the judges. It is our plan to have this up in running in the next 35 days.”

Under the new bail reform changes, 85 percent of individuals who are arrested on misdemeanor offenses will automatically qualify for release on no-cash bonds, according to county officials.

There are some offenses, for which there are absolutely no exceptions. Those who are not eligible to benefit from the new bail reform rules changes include individuals who have violated bond conditions in an open case, have been charged with domestic violence, have violated a protective order and are facing repeated drunk driving offenses.

Under the proposed new changes, defendants will appear before a magistrate or judge within 48 hours, at which time they may also qualify for a personal recognizance bond.

“This is a history making moment for civil rights not only in Harris County but for the U.S., because as the third-largest county in America, which is larger than 26 states, what we do here will be watched by all and can be emulated or replicated by all,” Jordan continued. “This is significant because what this also means is that no one will be in jail because they cannot afford to get out.”

Back in 2017, Chief U.S. District Judge Lee H. Rosenthal of the U.S. District Court for the Southern District of Texas handed down a historic 193-page decision, finding that the Harris County money bail system was unconstitutional and ordered Harris County to stop keeping people who had been arrested on misdemeanor charges in jail because they could not pay bail.

In her ruling, Judge Rosenthal highlighted statistics that revealed that 40 percent of the people who had been arrested on misdemeanor charges in Harris County had been arrested and jailed until their cases were resolved, and wrote in her ruling: “Harris County’s policy is to detain indigent misdemeanor defendants before trial, violating equal protection rights against wealth-based discrimination and violating due process protections against pretrial detention.”

She also directly cited an amicus brief in her ruling that was filed by the NAACP Legal Defense Fund (LDF) and Harris County Precinct One Commissioner Rodney Ellis, stating: “An amicus filing by Harris County Commissioner Rodney Ellis and the NAACP Legal Defense and Educational Fund notes that African Americans make up 18 percent of Harris County’s adult population but 48 percent of the Harris County Jail’s adult population. A 2011 study found that in Harris County, 70 percent of White misdemeanor defendants obtain early pretrial release from detention, but only 52 percent of Latino misdemeanor defendants and 45 percent of African American misdemeanor defendants do so. The defendants did not dispute this data.”

This is huge news for many Black, Latino, poor and disadvantaged Harris County residents, who have fallen victim to this law.

Commissioner Ellis believes the new rule changes enacted by the newly elected Harris County Criminal Court judges, who have only been in office for less than a month, demonstrates a clear commitment to upholding the Constitution and finally settling the bail lawsuit in Harris County.

“For too long in Harris County, money has determined whether a person languishes behind bars, separated from their family and denied due process because they cannot afford bail for nonviolent misdemeanors, while others — even those charged with violent crimes — are able to walk free if they can put up the cash,” said Commissioner Ellis. “This is an overdue first step toward leveling a two-tiered justice system, where access to justice, liberty and due process has been based on how much money a person has in their pocket instead of their guaranteed constitutional rights. Harris County will no longer be the largest county in the nation to violate the Constitution with its misdemeanor bail procedures. Instead, Harris County now has an opportunity to take the lead in implementing a holistic pretrial system for misdemeanor cases that upholds the Constitution, safeguards due process and protects our communities.”

Tarsha Jackson, who serves as the director of the Texas Organizing Project’s Right2Justice campaign, released a statement on the bail reform plan unveiled by Harris County, saying:

“Elections have consequences, and this is why TOP devoted so many resources to elections to build the progressive infrastructure that made this bail plan possible. When we launched TOP’s Right2Justice campaign in 2015 after Sandra Bland died in a jail cell in Waller County, one of our priorities was to end the money bail system that kept Ms. Bland behind bars simply because she couldn’t afford the $5,000 bond. The plan offered this week is a monumental start, but there’s still work to be done. We look forward on continuing to work with our elected officials and the community to take on bail reform for felony charges. Money should never be the deciding factor whether a person is released from jail or stays locked up.”

Judge Rosenthal’s ruling served as a severe blow to Harris County, and the results of the midterm elections seemingly delivered the knockout punch needed to reform the bail system, which is a major part of the overall criminal justice system, in Harris County.

As a result of these new proposed bail reform changes, it appears that other Texas counties that have bail systems that mirror that of Harris County’s unconstitutional bail system could finally see changes coming their way real soon as well. Time will tell.

In the meantime, the National Newspaper Publishers Association will continue to monitor the issue as it unfolds, particularly during the current Texas Legislative Session, where state legislators could effectively pass comprehensive bail reform legislation that would legally force the rest of the state of Texas to transform their current bail systems to do what is right and fair for all Texas residents. The results in Texas could bode well for other states across the country.

Jeffrey Boney is a political analyst for the NNPA Newswire and BlackPressUSA.com and the associate editor for the Houston Forward Times newspaper. Jeffrey is an award-winning journalist, dynamic, international speaker, experienced entrepreneur, business development strategist and founder and CEO of the Texas Business Alliance Follow Jeffrey on Twitter @realtalkjunkies.

#NNPA BlackPress

COMMENTARY: The National Protest Must Be Accompanied with Our Votes

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

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Dr. John E. Warren Publisher, San Diego Voice & Viewpoint
Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper. File photo..

By  Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper

As thousands of Americans march every week in cities across this great nation, it must be remembered that the protest without the vote is of no concern to Donald Trump and his administration.

In every city, there is a personal connection to the U.S. Congress. In too many cases, the member of Congress representing the people of that city and the congressional district in which it sits, is a Republican. It is the Republicans who are giving silent support to the destructive actions of those persons like the U.S. Attorney General, the Director of Homeland Security, and the National Intelligence Director, who are carrying out the revenge campaign of the President rather than upholding the oath of office each of them took “to Defend The Constitution of the United States.”

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

In California, the primary comes in June 2026. The congressional races must be a priority just as much as the local election of people has been so important in keeping ICE from acquiring facilities to build more prisons around the country.

“We the People” are winning this battle, even though it might not look like it. Each of us must get involved now, right where we are.

In this Black History month, it is important to remember that all we have accomplished in this nation has been “in spite of” and not “because of.” Frederick Douglas said, “Power concedes nothing without a struggle.”

Today, the struggle is to maintain our very institutions and history. Our strength in this struggle rests in our “collectiveness.” Our newspapers and journalists are at the greatest risk. We must not personally add to the attack by ignoring those who have been our very foundation, our Black press.

Are you spending your dollars this Black History Month with those who salute and honor contributions by supporting those who tell our stories? Remember that silence is the same as consent and support for the opposition. Where do you stand and where will your dollars go?

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Activism

Post Newspaper Invites NNPA to Join Nationwide Probate Reform Initiative

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend.  The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

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iStock.
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By Tanya Dennis

The National Newspaper Publishers Association (NNPA) represents the Black press with over 200 newspapers nationwide.

Last night the Post announced that it is actively recruiting the Black press to inform the public that there is a probate “five-alarm fire” occurring in Black communities and invited every Black newspaper starting from the Birmingham Times in Alabama to the Milwaukee Times Weekly in Wisconsin, to join the Post in our “Year of Action” for probate reform.

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend.  The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

Reporter Tanya Dennis says, “The adage that ‘When America catches a cold, Black folks catch the flu” is too true in practice; that’s why we’re engaging the Black Press to not only warn, but educate the Black community regarding the criminal actions we see in probate court: Thousands are losing generational wealth to strangers. It’s a travesty that happens daily.”

Venus Gist, a co-host of the reform group, states, “ Unfortunately, people are their own worst enemy when it comes to speaking with loved ones regarding their demise. It’s an uncomfortable subject that most avoid, but they do so at their peril. The courts rely on dissention between family members, so I encourage not only a will and trust [be created] but also videotape the reading of your documents so you can show you’re of sound mind.”

In better times, drafting a will was enough; then a trust was an added requirement to ‘iron-clad’ documents and to assure easy transference of wealth.

No longer.

As the courts became underfunded in the last 20 years, predatory behavior emerged to the extent that criminality is now occurring at alarming rates with no oversight, with courts isolating the conserved, and, I’ve  heard, many times killing conservatees for profit. Plundering the assets of estates until beneficiaries are penniless is also common.”

Post Newspaper Publisher Paul Cobb says, “The simple solution is to avoid probate at all costs.  If beneficiaries can’t agree, hire a private mediator and attorney to work things out.  The moment you walk into court, you are vulnerable to the whims of the court.  Your will and trust mean nothing.”

Zakiya Jendayi, a co-host of the Probate Reform Group and a victim herself, says, “In my case, the will and trust were clear that I am the beneficiary of the estate, but the opposing attorney said I used undue influence to make myself beneficiary. He said that without proof, and the judge upheld the attorney’s baseless assertion.  In court, the will and trust is easily discounted.”

The Black press reaches out to 47 million Black Americans with one voice.  The power of the press has never been so important as it is now in this national movement to save Black generational wealth from predatory attorneys, guardians and judges.

The next probate reform meeting is on March 5, from 7 – 9 p.m. PST.  Zoom Details:
Meeting ID: 825 0367 1750
Passcode: 475480

All are welcome.

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Activism

Community Celebrates Turner Group Construction Company as Collins Drive Becomes Turner Group Drive

The event drew family, friends, and longtime supporters of Turner Group Construction, along with a host of dignitaries. The mood was joyful and warm, filled with hugs, handshakes and belated New Year’s greetings. Guests enjoyed hors d’oeuvres and a festive display of gourmet cupcakes as they conversed about the street sign reveal. 

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The Turner Construction group members.
The Turner Construction group members.

By Carla Thomas 

It was a family affair on Friday, Jan. 23, at the corner of Hegenberger Road and Collins Drive in East Oakland as community members, local leaders, and elected officials gathered to celebrate the renaming of Collins Drive to Turner Group Drive. The renaming saluted the Turner Group’s 45-plus years of economic development and community investment.

The event drew family, friends, and longtime supporters of Turner Group Construction, along with a host of dignitaries. The mood was joyful and warm, filled with hugs, handshakes and belated New Year’s greetings. Guests enjoyed hors d’oeuvres and a festive display of gourmet cupcakes as they conversed about the street sign reveal.

Special guests included former Alameda County Supervisor Keith Carson, veteran broadcaster Valerie Coleman-Morris, Chevron Senior Public Affairs Representative Andrea Bailey, community leaders Cephus “Uncle Bobby” Johnson and Beatrice “Aunt Bea” Johnson of the Oscar Grant Foundation, and Oakland City Councilmembers Ken Houston, Carroll Fife, and Kevin Jenkins. Members of WEBCORE, the Nor Cal Carpenters Union, the National Association of Minority Contractors (NAMC), Swinerton and Alten construction companies, activists Elaine Brown and David Newton, and many others joined the celebration.

Inside the event tent, an emotional Oakland City Councilmember Ken Houston spoke of his deep connection to the Turner family.

“I grew up on the same street with the Turners,” he said. “When my father passed away, their parents and siblings embraced me like family. This is our city, and it’s an honor to name this street Turner Group Drive because of the love and effort this company and family have given. Many dreams came out of this building. I wouldn’t be where I am today without the Turners.”

Councilmember Kevin Jenkins, whose father once taught the Turner brothers, added, “Len Turner is an amazing person. He’ll help anyone.”

Oakland Mayor Barbara Lee praised the company’s legacy, noting its creation of the Construction Resource Center, which trains and mentors the next generation of builders and developers through partnerships across the region. “This is a great day for Oakland and a profound acknowledgment of the Turner Group’s contribution to our community,” she said.

Fife echoed that sentiment: “This is a day for celebrating Black excellence. The Turner Group has poured into people and the community, showing us what’s possible.”

Among the many family members in attendance was the Turners’ 92-year-old patriarch, whose presence underscored the strength of the family’s legacy.

A touching highlight of the event came when Coleman-Morris was honored for her lasting mentorship of LaTanya Hawkins, now program manager of the Construction Resource Center. In 1979, Hawkins, then a fourth-grader, wrote Coleman-Morris a letter seeking advice. Coleman responded with words of encouragement that inspired Hawkins to pursue her dreams. The two stayed in touch for decades. On stage, they embraced as Coleman reflected on “the power of small acts of kindness to change a life.”

Coleman-Morris also shared reflections on leadership and community spirit, saying, “If we change the way we look at things, the things we see will change.” She then recited the Serenity Prayer, reminding the crowd, “We are a powerful community, we just need to believe it.”

Company leaders Len and Lance Turner closed the ceremony with words of gratitude and humor. Len thanked his mother, wife, family, legal team, and longtime supporters including Carson, Geoffrey Pete, and the late Dorothy King of Everett & Jones Barbecue. He also acknowledged the challenges the company had overcome, saying, “Without all of this support, I wouldn’t be here today.”

Through Turner Group Construction and the Construction Resource Center, the Turners have created new opportunities for underrepresented groups in the construction industry and continue to inspire the next generation of builders.

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