Nationwide Insurance Company and Judge Steve Benton
    Jury Duty and Judges Kevin Henderson and Robert "Skip" Morse
    Speeding ticket and Judges Don Higgenbothem and Kevin Henderson

        Some good advice when accused in Williamson County Texas

You get this summons notice:  Report for jury duty.  Friday afternoon, be there by 1:30 PM or the sheriff comes after you.  Take the day off from work (you lose a half day pay).  You could have been making $150/hour designing an IC, so, this costs you $600, minus the $6 cash that the court will pay you for the indoctrination demonstration, or $594 out of pocket.  Tell me what the purpose is...

You walk from parking many blocks way down the street, because there is no parking in the parking lot at the court house.  There is a sign on the courthouse door, after your long walk.  Nobody with cutting instruments allowed, if you have a pocket knife then take it back to your car.  You read the sign before entering, which makes you a suspicious character in Williamson County.  You turn around, as directed, to take your pocket knife back to your car, which, by the way, is being towed away at this time.

When the officer takes you into custody (you are not going to escape to your car) he asks why you turned around and walked away from the courthouse, since nobody has ever done that before.  You make the mistake of producing a pocket knife, out in the parking lot, where it is totally legal to possess this particular kind...

You are not allowed to go back to your car, which isn't there, and are escorted into the courthouse, where you go through security, uneventfully.  They want the pocket knife, anyway.  You make your way where the signs say jurors are to go, into a court room.  Guards appear and tell everybody that is not a juror to leave, because there is no seating.  Friends and acquaintances and reporters and the public outta here.  Guards tell everybody that there are 700 jurors that need to be seated, so all others must leave, because the 700 is beyond the seating capacity of the courtroom, including the attorneys tables and the jury box and on the floor in front of the judge's desk.  Literally, really, truly, guards announce, several times, 700 jurors in the pool, that will be paid $6 each, cost to the taxpayer, so they need to "compact" themselves in the seating capacity available.  I felt like a small file in a disk defrag, my small parts scattered around but coincidentalled into an extremely small area, intermingled with bits of other files (would you get your elbow...).  But there was never any available space that didn't get fully filled.

After the first hour (~2:30 PM) the judge appears (one juror has to move out of his chair, and three off his desk) and gives you this one hour spiel.  It contains instructions on where to call and how to get your car back from the towing agency, and that the county is not responsible for reimbursing towing costs.  It includes instructions that our enemies are watching us, so we have to appear for jury duty.  (Turns out, that statement might not refer to desert rag-head types, but more the county and state criminal justice types.)  It explains, through several examples, that the judge likes the cooperation and procedures and people that help him get his job done.  It explains, through several examples, that the judge does not like the behavior and procedures and people that don't help him get his job done.  It NEVER explains what the judge's job is.  It NEVER mentions that, as a juror, people here will be exposed to and hear many un-nice things, and that those people that feel incapable of putting aside and ignoring upsetting experiences in order to have their objectivity un-diminished should not be jurors, and should, therefore, ask for themselves to be excused accordingly.  It explains that people that want to object to appearing for jury duty should come forward.

You, now, sit for a few hours, while each of those people is questioned and allowed to leave.  Answers to get yourself out of jury duty include:

I will vote not guilty (gets an immediate dismissal without further questioning).
I object to the death penalty on religious reasons (follows is religious harassment).
I believe that the police can make a mistake (don't even try this unless to don't plan on living here long).

If you get through all of that, then they ask you what you do for a living.  If you answer that you are employed in a profession (deal with logic and reasoning), you are outta there.  Engineer is usually sufficient.  Probable best method.

After the several hour wait and indoctrination (demonstration that you will do what you are told, suffer what happens to you, because you weren't one of the 100 that objected, and you weren't one of the complainers that the guards dispatched during this period), you fill out a card saying your level of education and profession and any civil or criminal experience with the court system.  Anybody that gets these can figure out how you are likely to vote.  Those are collected and you are told to go home.

In short, for several hours, you sat, you got compacted, and there was absolutely no reason that you had to be there for anything that couldn't be conducted by mail (which, then, would leave a trace of procedure conducted by the court).  Unless, maybe, it was the observing of whether you could be easily pushed around, and would not complain (do exactly what the judge will instruct you).  Anyway, they haven't done anything with you, they haven't talked to you personally, you get $6 cash, and you get a pitch as to how you should donate the $6 to the county.

I have gone through this twice.  The first time, "engineer" got me.  This time, I kept my mouth shut.  Unemployed, since, I am not doing anything, but could have been doing something.  So, I'm assigned to a jury.  Come back next Monday at 9:00 AM for court trial.
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It's 9:00 AM Monday.  Judge is "Robert (Skip) Morse", according to the sign on his desk.  He isn't here, yet.  Wonder what he "Skip(ped)".  Defendants table is two nicely dressed young ladies, a moderately dressed attorney, and a big box of filled with paperwork (evidence).  Plaintiffs table is two exceedingly well dressed attorneys, highly color coordinated, and three big boxes filled with paperwork.  I would estimate that this has been going on for at least $150,000 cost to the Defendant.

Guard appears and orders the jury out into the hall, outside the courtroom, where there are not enough seats.  Surprise, the entire spectator's gallery was solid juror panel, about 100, I would guess.  I wonder what happened to the remainder of the 600 over the weekend?!  Maybe it had something to do with those cards we all filled out!?  Maybe not?!  Guard says there will be six jurors, the remainder of us get to go home.
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It's 9:30 AM.  The guard appears and announces that there is court business to conduct, which will take another half hour.  He says just wait, until 10:00 AM.  Sounds like the Plaintiff has filed a load of motions in limine (they know what the defense case is by now, in detail, because of all of the recorded depositions (they have discovered and interviewed all of the witnesses under oath in detail, and the exhibits), they want to have the judge preclude as much evidence as possible that the Defendant needs to prove innocence).  The defense, of course, will be unprepared for these arguments.  There is no rule (should be one) that motions in limine need to be noticed the opponent so many days before trial.  This is where the Defendant can lose, if they didn't pay a lot for a really experienced trial lawyer.  No time to research, that the Plaintiff had; better be really good defense lawyer on your feet.  Remember, court is not about justice, it's all about rules; and it all favors the attacker (Plaintiff).  He who pulls an unexpected rule usually wins.  In Texas, you can always find a rule about anything if you spend the research dollars (it's that "6 flags" thing about where 6 totally different systems of "justice" all clash, almost in their entirety).  You need to guess what the Plaintiff is going to use for rules (he isn't required to tell you), and you need to have the legal script handy for the judge (he isn't going to know, he isn't going to be inclined to believe you) of your counter rule.  And better bring legal precedents (cases).
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It's 10:22 AM and the fire alarm went off.  10:24 AM guard appears and tells what is left of the jury pool that nobody leaves.  There aren't many to tell.  10:30 AM guard appears and announces that there is no fire.  Snuck look in courtroom through the window in the closed door.  Vigorous arguments before the judge, with many poster sized exhibits set up on multiple tripods.  Facing away from me, so I can't see what the motions in limine are about.  What with the ear splitting klaxons, can't hear anything either.  Can't hear yourself think, it's so loud.  Plenty of space to sit.
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It's 10:46 AM and the judge finally calls the jury to 9:00 AM court.  Looks a little hung over...  We have 38 in the jury pool.  I can't figure out where all the others went; except for that mob that went screaming down the southwest staircase to the first floor exit door.  There is a balcony, where I could look over from the upper floor at a court level, and watch this group of people do a trash compactor algorithm on themselves at the locked doors at street level.  For security reasons, the doors are permanently locked.  It was a sort of a double bounce, followed by running hollering and screaming away from where I could see them, to where the guards hollered "freeze" (it didn't sound successful for the guards).

So, 38 of us in court.  The judge explains that six will be needed for the jury, and either attorney, during vordire of the jury, can challenge three, so the remaining 38 ought to be enough to proceed.  Here I am with these engineering degrees, wondering aloud why there are more than 12 of us jury pool here.  6 to a row, why can't row 3 through 7 go home?  Both lawyers jump up.  Extended conference at the bench.  After about 15 minutes, judge announces that, in addition to the three strikes each, each attorney can also dismiss as many as they want for cause.

Judge announces that it is 11:15, he wants to go eat, everybody go away and be back here at 1:15 PM.  I hope he will use the time to review some law books (I think I know what got "Skip(ped)").

I wonder if I should show up about 3:00 PM?
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1:14:40 PM I entered the court as the judge was convening!  Early!!!  Seated in a specific order, as before.  The Plaintiff's attorney, a nice Ben Matlock in dress and demeanor type character, explained during vordire, that this is a child custody case involving children all over 21 years of age.  I couldn't figure that out until he explained that there was a big ranch involved to go with the inheritor children.  He also explained that the row I am sitting in is outside what he called "the danger zone".  No vordire questions aimed back here in the last three rows.  He doesn't even respond when hands go up in row 4 or later.  He says he can shoot three of us.  I get the impression that lunch included a judge decision that three can be shot for no cause, three for cause, from each lawyer, still need the six.  So, why can't row 4 through 7 go home right now?

His hour of vordire of the jury is spent, mostly, with kind words, and soft humor.  He has us all warmed up to him right nice.  Soft, warm, fuzzy.  Those two engineering degrees have noticed, by this ripe old age, that soft and warm and fuzzy always carries a cold and pointy and long.  There is information, though.

He tells us that Plaintiffs brother is Ed Walsh, former District Attorney, current candidate for state Attorney General, and that is him, right over there, watching you.  First pointy sticky.  Plaintiff's other brother is Chris Walsh, big gun in the state government, and that is him right over there, watching you.  Aint so warm and fuzzy no more, at least to me.  Now I think I know why the 700 jurors.  Is it just me, or is there a whiff of rodentia?

Here is an interesting vordire question:  Would you hold it against my client if he did marijuana and excessive drinking (and his brother the DA, an officer of the court, didn't do anything about it)?  Would you object if he beat his wife?  My hands are not noticed, I'm in the fifth row.  Should he give up his ranch that his parents fought the comanchies for?  Here is a statistical anomaly...  Hands all over the place, at one point or another, but absolutely no hands in the first three rows, at least to anything I find outrageous.  Go figure sigma on that!  Well, it's Williamson County - it's not what you did, it's who you are!  None the less, run sigma on that.  Anyway, why am I still here?

More interesting isn't statistics fun...  Two people in the first three rows make their living off of the Plaintiff, or so they say in response to vordire of the jury.  One says his only source of income.  Well, they ought to be controllable by the Court.  Funny thing though, nobody else.  Here is one...  One fellow says his children are all in jail.  He doesn't say how many children, but uses the plural.  He ought to be controllable by the Court.  I feel guilty, sitting back here beyond the end of the third row; I don't get to answer any questions when I put up my hand (neither does anybody else back here).  Why can't I go home, but, wait, there is data to be gathered here...

This goes on for an hour, then we "potty" break.  As Paul Harvey would say, there is the other half of the story...

Second hour of vordire, same deal, for the people in the first three rows only...  This guy is not warm and fuzzy.  He is abrupt (this doesn't play in Williamson County).  He is logical (this doesn't play in Williamson County).  He is a tad irascible (this doesn't play in Williamson County).  You know what, my engineering degrees like this guy, there aint gonna be no effort extended trying to guess where he stands, and what he has, because the data is right out front.  He is gonna lose.

There are minor children involved, that is why we are here, and that is the only reason why we are here.  He gave her the ranch, if she would build a house on it, which she did, and now he wants it back, including the house with it!  And he wants the kids.  He beat their mother, more than once.  She called the police, once.  He tore the phones (2) out of the wall, while this was going on.  He fled to his brother's house.  The police came.  The police went got him.  His brother got on the phone to judges and officers (obstructed himself into the criminal investigation).  Nice officer pulled Plaintiff out of the hooskow, apologized, and let him go (it's Williamson County, didn't you know, you idiot, who you arrested).  Hubby went to this judge, and got a restraining order against her!  She isn't allowed to hurt him no more!  Boy, do I know what got "Skip(ped)".  And this was done ex parte - she wasn't even allowed to be there!  We "skip(ped)" a lot of the jurisprudence concept, at one time or another, on this one.

This poor girl is going to lose, big time.  Well, 4:35 PM, I'm in the fifth row, I'm outta here, Sayith the judge.  Nothing I can do to help her.  $1725 out of pocket loss for this experience, minus the $12 county reimbursement (I've never before seen "take one packet, hand the rest down the row" done with cash money).

I can write up what I just saw, which, of course, must be the truth, because I heard it from lawyers in a courtroom, right?

I can ask questions.  Why did he need a restraining order against her to prevent her from being in her house when he came in, so her face wouldn't rush up and attack his fists?  Since this restraining order was ex parte, it must be based on a signed sworn affidavit, so, is there ever any penalty for perjury?  Shouldn't the judge that executed the restraining order recuse himself from being the trial judge, like, because, maybe, he is biased already to the extreme of having done something improper?  Is there ever any justifiable reason for A to beat the shit out of B?  I don't mind spectators in the court room (I encourage this, judges here discourage this), but at what point is there jury intimidation?  Should we tolerate leaders, particularly in law enforcement, that have a totally different prosecutorial standard for the "civilians" than for their own family?  Where does it say in law "except for your own family members"?  Is there something here that needs to get fixed?  Could that be accomplished in the next election?

Here is one for those seeking redress from the courts through an appeal of a trial result.  The Plaintiff/DA always comes to appeal court saying "The jury carefully considered and deliberated and determined the facts; it wasn't the judge or the Plaintiff/DA or the system that made the decision (shouldn't grant the appellant relief)".  If we pick a jury only of those that will follow the dictates of the judge, only just those that are either incapable or disinclined toward independent thinking, only just those that cannot or will not conduct critical analysis, only just those that will do only just what the judge says he wants or shows inclination for; then why tolerate the empty facade of even having a jury?