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Travis County District Attorney Released From Jail This Morning

6:31 pm in Uncategorized by Kit OConnell

Portrait of Rosemary Lehmberg

Rosemary Lehmberg was released from jail this morning.

Travis County is home to Austin, Texas and well over a million residents. The county’s district attorney, Rosemary Lehmberg was released from jail about 1am this morning after serving half of a 45-day sentence for driving under the influence of alcohol.

From the Austin American Statesman: 

Lehmberg, who was sentenced April 19, served half of her jail term under a law that gives two days credit for every day served for good behavior. Travis county jail records no longer showed Lehmberg booked by 3 a.m. Thursday.

Predictably, in this Republican-led state there have been calls for her resignation from the right, even satirical bumper stickers that lampoon her behavior on the night of her arrest. Looking deeper, the situation is far more complex.

First, while the office of Travis County District Attorney is elected, if Lehmberg resigns than Republican Governor Rick Perry will appoint her interim replacement. But more so, many reports suggest that Lehmberg is suffering from an illness — alcoholism — which may benefit from treatment rather than further punishment.

Sources write that Lehmberg had a known drinking problem, and a Point Austin editorial in the Austin Chronicle argued for compassion and treatment over judgment:

Ours is a culture (including a cop culture) rampant with binge drinking – and it too often has deadly consequences – but if everyone who received a first-offense DWI also lost his job, the drinking wouldn’t stop, and the unemployment rolls would be staggering as well.

[O]ne can only wonder what might have happened to Bob Bullock or Ann Richards (or a host of other officials) had the Internet been available to chronicle and repost their every bibulous indiscretion. Anonymous trolls would be demanding their immediate ejections from office, and editorial writers (hardly squeaky clean themselves) would be anonymously chiming in. Yet we have long known that alcoholism is a treatable disease, and that reflexively treating alcoholics as criminals only fills our prisons without addressing the underlying problems.

Though the kind of reckless behavior Lehmberg engaged in is never acceptable, KVUE suggests that grief exacerbated her behavior:

Sources confirmed Lehmberg was distraught the night before her arrest on April 12th after attending the funeral of a dear friend and employee.

Investigator Lorraine Kerlick died in a motorcycle accident April 7th. Friends say Lehmberg appeared extremely emotional and depressed at the funeral.

As of now, Lehmberg intends to complete her term as well as seek treatment:

Lehmberg, who was released before 3 a.m. Thursday, also thanked the Travis County jail staff for their ‘professionalism and dedication’ in a statement issued shortly after 5 a.m.

‘In the coming days, Rosemary will be making arrangements to seek professional treatment and better understand her behavior,’ the statement said. ‘She will also meet with members of her staff with whom she been communicating throughout the last 3 weeks.’

Jason Stanford, in a sharply worded Statesman opinion argues the situation is representative of overall corruption in the Texas legal system:

But just because she’s a drunken mess of political entitlement doesn’t mean Lehmberg doesn’t have a role to play when she gets out of jail. The Travis County district attorney heads the Public Integrity Unit, which by law has jurisdiction over corruption in state government. Unless the Obama-appointed U.S. attorney decides to make a federal case out of something, the only one who can prosecute any of these Banana Republicans in elected state office is Lehmberg.

And if she resigns, Rick Perry gets to appoint her successor, explaining why local Democrats want her to stay on the job.

But should she? Making corruption charges stick is hard enough with one’s credibility intact. Ronnie Earle found this out when he tried to prosecute Kay Bailey Hutchison. It’s hard to imagine Lehmberg withstanding the political backlash that comes with trying to hold powerful public officials accountable. It says a lot about Texas ethics when the only check on political corruption is currently sitting in jail after pleading guilty to drunken driving.

Ken Anderson, District Attorney before Lehmberg and now a state district judge is facing charges of corruption. Ross Ramsey of The Texas Tribune argues that state officials are no longer untouchable:

Texas DA’s used to be indestructible. The political potshots at long-serving former prosecutors like Dallas County’s Henry Wade, Harris County’s Johnny B. Holmes Jr. and Travis County’s Ronnie Earle were part of their jobs. But each left on his own.

Times have changed. In the 1980s, crime was the major issue in many local and state elections. In the early 1990s, the people who won those elections went on an epic prison- and jail-building spree.

Voters are worried about other things now. Wrongful convictions and prosecutions have shaken public faith in the criminal justice system.

And, it turns out, in the people at the top.

Update: The Austin-area coordinator of the Texas Department of Public Safety resigned today after a DUI arrest.

#Occupy Votes (Updated 2:25pm PST)

1:13 pm in Uncategorized by Kit OConnell

Tuned Out Hippies?

Since the Occupy movement began, many have attempted to position the group in opposition to electoral politics. Occupy in its purest form is nonpartisan, and since the beginning of the movement this has been a source of criticism.

If we want to really make a difference, we were told time and again, we should organize similarly to the Tea Party and begin to field candidates for office. When occupiers protested Mitt Romney or other hyper-conservative politicians, they’d be accused of being in bed with Barack Obama. If the movement protested neo-liberals like Obama, we were accused of being traitors to all that was good in the world because we obviously wanted Romney to win (Carnacing is not limited to blogs). Most of all, occupiers got accused of being disconnected from what their critics perceive to be real politics — we were lazy hippies who didn’t understand how the world works and worst of all we don’t vote.

Spelled out in lights: DO MORE THAN VOTE

Austin Overpass Light Brigade on November 5, 2012

Occupy and many allied activist groups stand in opposition to the idea that electoral politics should be the focus of American political engagement. It is especially opposed to the idea that just voting out one plutocrat and replacing him with a new one will fix our problems — even if that new plutocrat is a woman, from a racial minority, or practices an alternative religion or sexuality. Its ranks are full of activists who supported Obama with hours of hard work in the run-up to the 2008 election, only to “wake the eff up” over the succeeding years and realize real change doesn’t come from far-away leaders.

It’s my experience that occupiers are far more engaged with mainstream politics than mainstream America, which for the most part unthinkingly abstains from participating at all. While the average American simply does not vote, the question of whether to vote and how was an important concern to OWS. Members of Occupy Chicago spent hours in a heated debate over whether it was ethical to burn voter registration cards as a form of protest. Occupiers created street theater around the election: Occupy Chicago members took coffins to the Obama headquarters and launched Revs4Romney. On election day, Occupy the Stage in New Orleans protested the fact that Louisiana is one of eight states which disallow write-in candidates for President by performing a puppet show about the 2-party system at a polling place then accepting symbolic write-in votes (I voted via Twitter for Vermin Supreme). Occupiers held public debate-watching parties, helped Anonymous trend the hashtag #StopNDAA and livetweeted the elections.

Occupy groups also became closely involved in local issues at multiple elections since last September. Here in Austin, one Occupier made an unsuccessful bid for city council, while others became involved in the successful bid to make the city council itself more accountable. Austin will change from one of the country’s only completely at-large city councils to one where each council member represents part of the city.  The Occupy AISD working group fought new in-district charter schools by, in part, helping to unseat charter-supporter Sam Guzman. His replacement, Dr. Rev. Jayme Mathias, will be the first openly gay member of Austin’s school board. One of the Gulf Port 7, Ronnie Garza, is featured in the video at the top of this post. Another, Remington Alessi, ran for sheriff as a Green Party candidate. San Antonio’s Meghan Owen took 1.5% of the vote for the Greens in a bid to unseat NDAA-supporting Democrat Representative Lloyd Doggett.

Of course, many see Elizabeth Warren as a massive win for the goals of Occupy Wall Street.

An Ethical Dilemma At the Voting Booth

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