True Bill, Volume 4, Number 4, August-September 1983 Page: 4
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Council, the State Bar, and the Texas Supreme
Court in an effort to educate grievance
committees throughout the state that there is
a state agency that oversees prosecutorial
misconduct. Work will be started with Mr.
Jerry Zunker, General Counsel of the State
Bar, to formulate gLidelines in this regard.
(3) Research. The sub-committee
recommends research into several areas. For
example, what have other states and bar
associations determined to be "unethical
conduct?" What has been the outcome of civil
suits against prosecutors who have allegedly
abused their office? What of cases where
prosecutors have acted outside the scope of
their authority? This kind of information needs
to be made available.
Education Sub-Committee
(1) Travel Reimbursement. The sub-
committee concluded that some limitations on
out-of-state travel would be necessary, as
travel funds are limited. However, the Council
chose to end reimbursement for out-of-state
travel to attend professional development
courses (see article, pg. 23, and proposed new
travel policy, pg. 24).
(2) Courses. The sub-committee recognized
the need for input from prosecutors state-wide
regarding the types of courses and content they
would like to see produced. A survey will be
mailed by the Council staff to all elected
prosecutor's offices.
COUNCIL ELECTION COMING UP
Two prosecutor positions on the Council will
be filled by elections this fall.
One is the County Attorney spot which was
previously filled by George Rodriguez, former
County Attorney of El Paso County, and the
other is the position currently held by Tim
Curry, Chairman of the Council and Criminal
District Attorney of Tarrant County.
Notices of the election together with
nominating petitions will go out to all elected
prosecutors by September 1st.Should you have any questions, please call
Andy Shuval.NDAA CONCERNED OVER BILL
In July the U.S. Senate Committee on the
Judiciary reported favorably on Sen. Spector's
Armed Career Criminal Act of 1983 (S.52). In
a letter to Sen. James Abdnor, Jack
Yelverton, Executive Director of the National
District Attorneys Association, voiced NDAA's
opposition to the bill. The act, which is
essentially the same as a version proposed in
1982, would create a federal offense for third
and subsequent robberies and burglaries while
armed.
"Local agencies are better equipped to
investigate and prosecute these cases than are
the federal agencies," Mr. Yelverton wrote.
"Further, the federal system cannot
adequately meet the burden of investigating
and prosecuting crimes presently within its
jurisdiction. . . It is ludicrous to create a new
federal crime for burglary and robbery when
the U.S. Attorneys cannot cope with their
present serious federal caseload."
Mr. Yelverton quoted the report of the
Attorney General's Task Force on Violent
Crime to show that this problem is not the
type that demands federal action. "Indeed,
this expansion of federal jurisdiction in the
absence of compelling reasons threatens the
delicate balance between federal and local
governments."
Lastly, Mr. Yelverton expressed concern
that the act "holds out to Americans besieged
by crime the false hope that the federal
government is riding to the rescue..."
Copies of S.52 are available from David
Kroll at the Council office.
Trial Reference Series
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Texas. Prosecutor Council. True Bill, Volume 4, Number 4, August-September 1983, periodical, 1983-08/1983-09; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth903014/m1/4/: accessed May 31, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.