1. Gideon
    December 25, 2008 @ 10:32 pm

    Is there a reason why her swearing in is on Jan 1? Can’t it be on Jan 2nd? Is this purely her choosing or is it statutorily mandated?


  2. Mark Bennett
    December 25, 2008 @ 10:41 pm

    Not going to look it up, but I think she needs to be sworn in before she can act on behalf of the State, as does any ADA. Harris County can’t be without a district attorney for a couple of days, or the Bad People would run rampant in the streets, murdering and raping the Good People.

    The number of ADAs who need to do something on behalf of the state before 1/5/2009 is small — maybe 20?


  3. Joel Rosenberg
    December 26, 2008 @ 9:28 am

    Sure. But while I don’t know it for a fact, I strongly doubt that even in Texas, she’d be subject to the death penalty if she took the oath in a more-or-less private ceremony at, say, 12:01 on Jan 1, and repeated it, publicly, in a more formal ceremony some days later.


    December 26, 2008 @ 9:42 am

    I raised this question because I am reading a lot of whining about the swearing in, and I don’t like seeing lawyers, especially criminal lawyers (prosecutors included), whine. You see an injustice, take a stand. That’s the basis of our system. Whine and show up, and you are nothing. Pat Lykos works for the people of Harris County, which includes her assistants. She is there to serve the people, not the other way around. Make sure she knows that.

    And yes, if I was an assistant in Harris County, I’d be absent from this joke of a mandatory event. Good lawyers can always build good careers, rather than work at the behest of the “man.”


  5. johnny833
    December 26, 2008 @ 11:13 am

    I love your sentiment Mark. Having been a cop for 15 years, then seeing the opposite point of view from young men making small mistakes which compound to larger ones I applaud your sense of fair play and go get’em attitude.

    Ms. Lykos has seemed to me to be someone that I really did not care to vote for, thus she was one of the few Republicans that did not get my vote. Guess I am too Libertarian in my old age.

    Keep fighting the good fight. And let’s hope a few ADA’s decide to skip this little party. Love to see the fall out if she get’s her pantsuit in an uproar.


  6. Chuck
    December 27, 2008 @ 8:48 am


    Another great article, you’ve been on a roll lately (thanks no part to the troll). I think a lot of ADAs are paralyzed by the fear of the troll and how she has already demonstrated she will fire those that don’t bow to her.

    And on another note about how well the new admin is running – remember the flow chart you posted….well, no one knows when the hell that is supposed to take affect; Jan 2 or Jan 5th. Awesome. At least the ADAs know their assignments, too bad they don’t know when they are supposed to go to them………


    • Mark Bennett
      December 27, 2008 @ 10:45 am


      Thanks. The Lykos-Leitner DA’s office will, I expect, be a target-rich environment for bloggers.

      Like you say: Awesome.


  7. Clay S. Conrad
    December 28, 2008 @ 7:04 pm

    Many years ago, I had a job I hated (it was the reason I went to law school; I felt a need to make a change.) I was told by a very good friend that if I had no respect for myself, there was no reason for my employers to have any respect for me, and that if I did have any respect for myself I would quit that job.

    The ADA’s in Houston that have respect for themselves will start to leave the office; next year this time, most will probably be gone. As for those that stay, well, there will be no reason for the rest of us to have respect for them, as they’ve so little respect for themselves that they’ll stay working for someone who thinks so little of their time.

    This isn’t all good news for defense lawyers, though. As more and more time gets taken away from the job by ADA’s (who will be more interested in either resume-shopping or butt-kissing), it is undoubted that we’ll see more and more of them taking shortcuts, like violating Brady, suborning perjury, or the like. My guess is that things will get worse before they get better.


  8. Rage Judicata
    December 29, 2008 @ 12:38 pm

    “supposed to take affect”

    Come on now. Here too?


  9. Ghostrider
    December 31, 2008 @ 9:39 pm

    If the ADA’s are required to attend, don’t they get overtime for working on a county holiday?


  10. Rage Judicata
    January 1, 2009 @ 1:22 pm

    Why would a salaried employee get overtime?


  11. Murray Newman
    January 1, 2009 @ 1:24 pm

    That’s a good question, Ghost Rider. My gut reaction is that they would just put it on their time sheets as Comp Time, since all the prosecutors are salaried employees. I can guarantee you that nobody will be getting a larger paycheck because of it.
    The entire Compensation System for Harris County has always been a bit shady, in my opinion. I was planning on doing a post on it in the near future.


  12. Jeremy Gordon
    January 1, 2009 @ 8:51 pm

    on 12/31/08 i was told by a reliable source that ada’s would get comp time for the swearing in.


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