Texas has a weak executive system—one where the governor’s formal powers are relatively limited because the office does not have expansive authority typical of other states. This plural executive arrangement means that the governor’s influence is fragmented across of different departments and that the governor shares his authority with other elected officials at the statewide level. One important consequence is that key officials like Lieutenant Governor, Attorney General, and the Comptroller of the Public Accounts who typically would be chosen by the governor, run in statewide elections all on their own rather than relying on a gubernatorial appointment.
That being said, it’s still hard to think of Governor Rick Perry as a “weak” governor. Maybe that’s because halfway into his unprecedented third term of office, he has just made his 224th appointment to the state judiciary. Governor Perry has appointed a new Texas Supreme Court Justice, Jeffrey Boyd—Perry’s former chief of staff—to the highest civil court position in the state. Judges in Texas must stand for election, but when there are vacancies because of retirement or death, the governor makes interim appointments—temporary replacements who can then develop a record in the office before running in an election. Boyd replaces Dale Wainwright who resigned from the position amid speculation he will run for another statewide office in 2014. While Boyd has no judicial experience, he is considered a faithful Perry supporter and has 21 years of legal counsel experience, including service as deputy counsel for the Governor.
And speaking of choosing wisely, a new report out by the Texas Public Policy Foundation—a conservative think tank, an organization that studies public policy problems and proposes solutions—has criticized state criminal court judges for the choices they make. The report questions whether judges are unnecessarily incarcerating persons into the Texas state jail system instead of giving convicted criminals rehabilitation terms which facilitate ending recidivism (a cycle of criminal behavior which results in repeat incarcerations) and lowering costs to the criminal justice system. In Texas, persons convicted of relatively low level, non-violent crimes (typically financial or drug-related crimes) are being incarcerated at high rates. Frequently this incarceration means that inmates have little chance at being given a chance at reforming their lives including community supervision and service, treatment programs, and tough probationary terms. The report points to the statistic that 30% of state jail inmates re-offend within the first three years of release.
Critics of the report point argue reform sounds all well and good, but the reality is that court-ordered supervision is something the system may not be ready for because personnel and programs are not in place to handle increased caseloads. Moreover, such programs are expensive, and given the current budget constraints, reform of the criminal system cannot be a top priority.
Choices matter—whether judiciously made or not.
Lone Star News Review 