I’ve been enjoying the new local blog Life at the Harris County Criminal Justice Center, which, along with Mark Bennett’s blog, provides an interesting daily glimpse of life around the Harris County criminal courthouse. Given the twists and turns of the recent Le Affaire Rosenthal, both blogs have had interesting observations about the players.
In this recent post, the HCCJC blog makes the following common sense endorsement that I hope all Harris County voters will embrace:
In the 176th [Criminal District Court] Judical Race, there is no issue in picking who I recommend.
The race is between Michele Saterelli Oncken and incumbent Brian Rains.
Judge Rains has been on the bench ever since I’ve been a lawyer. And ever since I’ve been a lawyer he has had the reputation of being one of the rudest and most unkind judges on the bench since . . . well, Pat Lykos.
He claims that Michele Oncken is running against him “because I made her husband mad.”
If only it was that simple, Judge Rains. The fact is that you’ve upset everybody.
The rudeness from this bench has gone well beyond the boundaries of being a “tough judge”, and into the range of just absurd vindictiveness. The fact that a person is a jerk to both sides of the bar doesn’t make that person any less of a jerk.
Throughout the years, Rains has steadfastly refused to put people on probation. When probations were agreed to, he would passive-aggressively agree to the probation, but throw in 180 days in the Harris County Jail as a condition (thus nullifying the point of giving probation). He has sworn he considers the full range of punishment on any PSI hearing, but all attorneys know that it just isn’t true.
Rains’ refusal to consider the full range of punishment has led to more recusal hearings than any other judge that I’m personally aware of. One hearing even had the unlikely alliance of the District Attorney’s Office and Dick DeGuerin.
His questionable bond decisions have led to at least two tragic murders committed by people out on bond in his court. His impatience with the pace of a trial has led to at least one capital murder conviction being reversed.
Michele Oncken was the Chief in his court for a year or two. Normally, the Chief/Judge relationship is one of some sort of fondness (or at least mutual respect). The fact that she is running against a Judge where she was previously a chief says a lot, in and of itself. She’s been a Chief prosecutor for at least five years now, including stints in Capital Writs, District Court, and now in Juvenile. She certainly has the background for the job.
Sorry, Judge Rains, but its definitely time for you to go. Nobody deserves to be treated the way that you treat people.
Review this earlier post for more information on Judge Rains’ dubious sentencing policies.