This editorial in the El Paso Times should be of concern to all of us.
The Times is upset that our local council of judges had the audacity to demand that fees paid to court assigned attorneys be raised by $15 dollars an hour. That means that a court appointed attorney would receive $90 per hour while in court defending someone. Try to find a $90 per hour attorney.
The real issue
The times wrote “…is a classic example of the dysfunctional system set up by the Texas Constitution”. Yes, like every other law and ordinance in the state is set up by our constitution. Actually the council of judges was created for every Texas county by our supreme court. You can read their rule here.
Over the years since our country was established there has been a lot of discussion about the proper role of the constitutions, both national and state. Some say that the proper way to change them is through the methods written into the documents (Article 17 in the case of Texas and Article V at the national level).
Later some of those who wanted change but did not want to cross the high bar required enjoyed watching our supreme courts overrule the legislatures. John Marshall did that to us in Marbury v. Madison. The fact that the case was about Marshall’s failure to perform his duties and that he was somehow both secretary of state and chief justice at the time evidently did not cause him to recuse himself.
Now one of the new techniques being used is to simply ignore the constitutions. The theory is that someone will have to spend a lot of money in court to stop you so do what you want and count on the legal system to protect you.
Hard to believe
In this editorial the Times complains that the council of judges acted without input from others. Actually the council requested a smaller increase last year at county budget time and our commissioners court rejected them.
Some of the lines in the editorial piece:
The judges can order the additional expenditure and essentially mandate that county Commissioners Court foot the bill — taxpayers be damned.
That sort of rule by fiat is an abuse of taxpayers.
But unilateral action is not an answer.
Where were they?
Where was the Times when city council voted unilaterally to tear down city hall and build a ball park? Where were they when commissioners court imposed $150 million in bond expenses for the county hospital — by fiat?
Taxpayers be dammed indeed.
Eternal vigilance is the cost of liberty.
Cato
elpasospeak 
We have the BEST justice system money can buy… but IF you CAN’T afford it, it’s NOT afforded to you so why not ignore the Constitution when you know YOUR legal fees are paid!
And conversely, the Council of Judges didn’t award the Times with a $10M Golden Egg so why should they write a favorable editorial for them!
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To me, its funny that the El Paso Times complains about lack of taxpayer input in this case, but then has no problem with a state appointed Board of Managers in EPISD that answers to absolutely no taxpayer at all.
The taxpayers in EPISD have essentially been taxed without representation for the entire time the board of managers has been in place.
But it is all good El Paso, because Bob Moore won a self nominated award! He’s got your back.
If it is not apparent to your readers Brutus, it is clear that the Times makes crap up as they go, does not read their own editorials, and takes their marching orders from the Paso Del Norte Group and a few local politicos. If you read the mission statements of PDN and then read the websites of Beto O’Roark and his progressive buddies, you can pretty much figure out the El Paso Times editorials.
Its all connected. Its all good.
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All other professions and businesses working for government should lower their rates proportionately to mirror what is paid to the attorneys.
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And we should insure that the current rate is what the city/county pay to legal services contracted out!
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If the EP Times was consistent with their thinking, their editorials would have been protective of El Paso taxpayers when the City Hall/ Baseball Stadium issue was being debated. As I look at that issue from afar, I can’t help but think that the Times had a building they wanted to sell to the city as the next city hall facility, so they pushed their agenda upon us. We taxpayers are now stuck with the loss of City Hall, and the purchase and remodeling of several buildings (including the Times Building). C’mon El Paso Times, your thought process is like an open book! Let’s tear down City Hall and unload our building on the citizens of El Paso. At a later date, we can feign our concern for the poor taxpayers of El Paso, and maybe they will forget about the “shell game” we played in order to sell our building!
No Joe M. and the Times leadership, we have long memories.
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Remember one key AND expensive point… our current relocation effort (at what, $30M? $50M? $70M? $140M?) and they will eventually look to relocatevto a permanent site!
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