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REAL DEMOCRAT

It was as a college student at Rice University in the 1980s that I first became involved in Democratic activism and politics, as a member of the Young Democrats, and as a volunteer for Lloyd Doggett's U.S. Senate campaign.  Later, when I was a law student at the University of Texas at Austin, I volunteered as a South Texas field coordinator for Richard Gephardt's presidential primary campaign, and was a student volunteer for the Texas Civil Liberties Union.  Ever since, I have continued to support Democratic candidates and causes.  I'm a proud member of the American Civil Liberties Union, as well as of the San Marcos Area Democrats and the Wimberley Valley Democrats. Most recently, I have the had the honor of serving on the Hays County Democratic Party Executive Committee, as a Hays County Democratic Precinct Chair and as a member of the Hays County Democratic Party's Legislative Committee.  For my entire life, the Democratic Party has been my home, and I have shared its values.

REAL EXPERIENCE

County Court-at-Law No. 2 is primarily a criminal trial court -- and I'm a criminal trial lawyer.  When I was 25 years old, I handled my first criminal case as an Assistant Texas Attorney General working in Jim Mattox's administration, and I haven't stopped since.  Over the past 35 years, I have been both a prosecutor and a defense lawyer, have tried over 150 jury trials, and have handled literally thousands of criminal cases.   I am board certified as a specialist in criminal law by the Texas Board of Legal Specialization.  I am a member of the Texas Criminal Defense Lawyers Association and am a former member of the Texas District and County Attorney's Association.  As a prosecutor, I witnessed first-hand the courage of crime victims seeking justice in the court system and served as a board member of an area women's shelter.  As a solo criminal defense lawyer for the past 30 years, I protected defendants who were falsely accused.  I made sure that defendants with alcohol, substance abuse and mental health issues got the treatment they needed and deserved.  And I helped many, many people get second chances in life.   I have practiced in law in County Court-at-Law No. 2 for years and understand what the court is, and what it should be in the future.      

ABOUT ME

Let's Get Real

I'm a native of Central Texas.  My dad started out as truck driver and, later, worked in the bottle shop of Pearl Beer.  My mom was first a bank teller, and then a real estate appraiser.  I began working at the age of fourteen, shoveling and hauling dirt and sand at a wholesale plant nursery. I worked throughout high school, college, and law school, and ever since.  In 1982, I  became one of the first in my family to go to college, when I enrolled at Rice University.  I graduated from Rice in 1986, with a B.A. in American Studies.  In 1989, a earned my law degree from the University of Texas at Austin and received my law license.  

 

My first job out of law school was working as an Assistant Texas Attorney General in the criminal law enforcement division of the A.G.'s office.  I then spent a year as a misdemeanor prosecutor in the Guadalupe County Attorney's Office.  I finished my career as a prosecutor by spending several years as the First Assistant County Attorney of Comal County.  It was at the Comal County Attorney's Office that I met my future wife, Tara.  A little over 30 years ago, Tara and I began the criminal defense practice that we have run to this day.  

 

Tara and I have been a couple for over 34 years and married for over 27 years.  We have the BEST DAUGHTER IN THE WORLD, Autumn, who is a teenager, the president of the San Marcos Youth Task Force and a cellist with the Youth Orchestras of San Antonio.  Our family moved to San Marcos over 13 years ago, and we never, ever want to leave.

 

Tara and I are are former cavers and former members of the National Speleogical Society, as well as Bat Conservation International.  We have visited over 30 units of the National Park Service and more than 50 Texas state parks.  When I am not practicing law, or being a husband and father, I am reading and watching horror, science fiction and fantasy,  tubing the San Marcos River, supporting the Friends of the San Marcos Library, and staring out my window at all the deer (through the binoculars I keep by my laptop).   

POLICY

Real Change

Real change is about RIGHT NOW.  It's not about empty promises for the future.  It's not about promising shiny, new programs that may or may not happen.  It's not about trying to guarantee changes that you don't have the power to deliver.  It's about having a judge who understands that he already possesses all of the tools that he needs to effect real change in the criminal justice system on Day One, and who has the experience, willingness and know-how to use them.   Here's how we can make some real changes, right now:

Let's Set Deadlines for Resolving Cases

Most misdemeanor cases should not take years to resolve.  There's an old saying: "Justice delayed is justice denied."  When a case drags on too long, it's not fair.  It's not fair to either crime victims or defendants, whose lives are put on hold while cases linger in the system. And it's not fair to the community, which expects that justice to be dispensed promptly.

 

Now, I know what you're thinking:  "The court doesn't already set deadlines?"  Well, no. Courts in some counties use what is called a "docketing order," which is a series of a court dates that a case is given when it is filed, to ensure that there is already a resolution date in mind. Hays County misdemeanor courts don't do this.  If other counties can do this, we can, too.  And we should.

Let's Keep Tabs on Cases Before They're Filed

Most people think that, when someone is arrested, a case is automatically filed.  That's not the case.  The State has up to two (2) years to file a formal charge in court.  Now, in that two years, a lot of things can happen:  defendants with alcohol or drug problems might not be getting help they need, victims of violence may be harassed, a defendant may re-offend while they are released on bond, or the unfiled case may simply fall through the cracks (while an accused spends two years with an unresolved charge hanging over their head).  Other counties across Texas schedule unfilled cases for bond status hearings in order to keep tabs on what is going on with them.  We can, too.  And we should.

Let's Make Sure Deserving Defendants Know How to Clear Their Records

If we're going to give some Defendants second chances, let's make sure they know how to use them.  Some Defendants have the chance, after their cases are done, to erase or seal their records.  Let's say that the State dismisses a case.  The defendant may then be eligible to have their criminal record erased (expunged).  Or maybe a defendant gets their case dismissed after completing what's called deferred adjudication, in which case, they may be able to get their record partial sealed (a nondisclosure).  Clearing or sealing a criminal record can make an enormous difference to people trying to find jobs, get places to live, or further their education.  All things that reduce the risk that they ever re-offend.   Many defendants leave court not being told that they can clear their records or what they need to do in order to accomplish this.  So, let's just tell them.  The court should inform every defendant who might be eligible for an expunction or nondisclosure, in writing, that they may be eligible and the process for obtaining relief.

 

So there it is.  Nothing flashy.  Nothing complicated.  Nothing expensive.  Common sense.   Potentially life-changing for people dealing with the criminal justice system.  Better for the community.   It's real change.  Let's get real. 

 

   

 

 

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W. David Friesenhahn

- FOR JUDGE, HAYS COUNTY COURT AT LAW NO. 2 -

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