As I've mentioned here before, Assistant District Attorneys don't get paid overtime (with the pseudo-exception of Intake pay). If they work past the typical eight-hour work day, they get to earn Compensation time, which they can use whenever they want. It's a good system, and a workable one, as well. It also gave some flexibility to prosecutors who may have outside family obligations that might require them to come in late or leave early.
The way that Comp Time worked usually depended on what position one was holding within the Office. Felony Threes, for instance, will typically arrive at the Office anywhere between 6:00 a.m. to 7:30 a.m. to make sure that all of the cases have been pulled for the docket, offense reports have been ordered for those cases, and calls have been made to the victims on the cases. Felony Twos who aren't responsible for getting the docket together for court, often work well past 7:00 p.m., and sometimes would sleep in a little later, arriving between 8:30 a.m. and 9:00 a.m.
Most courts start their official docket around 9:00 a.m. (although a few do start at 8:30). Other than the Three getting the cases to court by 9:00 a.m., there wasn't a real pressing need for the other prosecutors in the court to arrive before then.
And the reality is that not much work on cases can really get done before going to court in the mornings. If a Felony Two or a Felony Chief didn't arrive to court until 9:00 a.m., and chose to burn some previously earned compensation time, that was just fine and dandy with everybody.
Well, it was fine and dandy with everybody until the Lykos/Leitner Circus rolled into town.
Under the new regime, the time for the understanding of the fact that Assistant District Attorneys have the audacity to have families that also require attention is over.
Jim Leitner sent an e-mail out the week before last stating that all prosecutors shall arrive at work at "0800" every morning. I guess Jim was going back to his time in Coast Guard when he decided to go with the military parlance.
So much for having the right to use your Comp Time whenever you wanted to.
Now, don't get me wrong. I think that each court needs to have a prosecutor at work by 8:00 a.m. every morning, but that duty usually falls on the Three. The idea of demanding that all three prosecutors be in the Office by 8 a.m. is actually pretty wasteful in the big scheme of things. Unless Lykos and Leitner want to start assigning them silly little duties like, say, walking around the Office and trying to find strategic places to put water coolers or something, odds are that the Felony Twos and Chiefs are just going to be sitting in their offices waiting for the time to go to court.
If you ask me, from a practicial standpoint, it was much better under the Old Rules, where a prosecutor would be more productive working later into the evening, or on weekends than they would be from the hour of 8 am to 9 am. As a taxpayer, I would rather the Public Servant actually be doing some meaningful work while they are at the Office. But that's just me.
The bigger thing of concern, however, is that the 0800 E-mail from Leitner is just yet another rule made by him and Lykos that seems to be made for the sake of making a rule. The proclaimed "Rule of Law" that Lykos crowed about during her campaign seems to have been replaced by the Rule of Micromanagement, which is so very unRepublican of her. What she is trying to do is tighten the leash on her employees to the point of strangulation.
She and Jim seem to have forgotten that some prosecutors live further away from Downtown than others. That some prosecutors have children that they need to get to school. Prosecutors who work late and don't get home until after the kids are asleep might just want to spend some time with their families in the morning.
In the old days, allowances were made for employees' personal lives, as long as they got their jobs done. It led to a happier atmosphere, and made it a good place to work. The Gang Who Couldn't Shoot Straight seems rather intent on making the place one of the most employee-unfriendly workplaces in the Nation.
If I were in their shoes, I'd ease up and start trying to rebuild a little morale around the CJC. Otherwise, they run the risk of losing some very good and dedicated employees who are already thinking of (to put it in terms that Leitner would understand) "abandoning ship".
46 comments:
Over the years, I gave a lot more than 40 hours a week to the job. With these kinds of rules, I am afraid people will leave at 5 and be less likely to put in the extra hours to do the job. This is especially true of the 3's and misdemeanor troops. Might as well install the time clocks.
Directly from the Harris County Commissioner's Court Agenda for February 10, 2009...."14. District Attorney
a. Request for authorization for Facilities & Property Management to renovate office
space on the sixth floor of the Criminal Justice Center."
I for one do not want my tax dollars to go toward a renovation on the 6th floor so Lykos can smoke in her office. Where is Wayne Dolcefino when we need him?
That is absolutely ridiculous.
I'm a smoker, too, but I never let it interfere with my work schedule, and if I did need to go smoke, I walked down to the 1st floor and went outside like everybody else had to.
I guess that's the difference between being a regular person and the Queen of Harris County.
She should be ashamed of herself. Seriously, the taxpayers are having to finance her smoking habit?
Lykos used to smoke in her courtroom, despite laws/rules to the contrary. I always wanted to be a juror in her court, so I could say that I can't respect a court where the Judge doesn't respect the law.
Sounds like it's time to send a note to my Commissioner.
I've never understood managers who have no flexibility on time when employees work extra hours, or have family needs. Does it make any difference if someone starts at 9? Probably not. The important thing is whether the work gets done. My question is how much of this is Leitner, and how much is Lykos? I voted for Leitner in the primary because he seemed like the best alternative. If these pronouncements are his true colors, then I'll vote for someone else next time.
Your last few blog posts have been much ado about nothing. In addition, it doesn't appear your rumors are accurate. Have you done any follow up on the 6th floor access story? Not doing it makes your blog look very misleading. How about the office renovation story? Do you know what is being worked on? How about some follow up regarding the one individual that made the 8:00 am email necessary?
I find your blog to be interesting reading, but it seems lately to be sliding down the slippery slope of inaccuracy and bias. It's your right, you are the blogger, but I would love to see a return to fairness and accuracy.
Anon 8:59,
My last couple of blog posts have been topics brought up by my readers who seem to be quite bothered about the "nothings" that you mention.
In regards to the "one person" who "made the 8 am e-mail necessary", I sincerely doubt that you want to go there with that one. It would make the new Administration seem even more petty and retaliatory than it has thus far, don't you think?
You need to keep on keepin' on, Murray. Don't pay attention to the easily offended republican hardcore supporters of Lycos, who like goode, can only recite the pledge as they drink the koolaid.
I do disagree about this. I think the law is clear that an elected official CAN smoke in their office if they so choose. Although counties ban smoking in facilities, as you well know, these bans are not laws unless also enacted by city ordinance. And even then, an elected official has the right to do what they wish in their official office space. It's the law, read it, know it, love it.
There are lots of elected officials in counties surrounding Houston who smoke, generally in their private offices.
Some of the best prosecutors in Harris County over the years have been smokers. Likewise with old head police. It does make sense for these folks to be able to enter a room or balcony at the courthouse to catch a smoke while majorly stressed out in a trial.
That's the main thing I miss about 301. Some stairwell balconies were outside, where one could catch a smoke in peace during a trial or more importantly, whilst awaiting a verdict.
To me, this is the least disturbing act of L&L.
One final suggestion: How about setting up some pdf files to show the actual idiotic emails coming out of the 6th floor. The 6th floor would be a great name for a novel or sitcom, btw, based on this nonsense.
Thanks Anon 9:41,
As a smoker (trying to quit), I tend to agree with you that there should be more accomodations to us. I just don't agree that there needs to be a rebuilding of the 6th floor to accomodate it.
I liked that about 301, too. I only worked there for about a year before the move to the CJC, but that was definitely nice.
I'm not putting the documents on PDF, because I don't want anyone getting in trouble at the Office for forwarding me any e-mails. I usually don't have the hard copies.
I agree creating a 6th floor smoking area for Lykos is ridiculous. She should hang out on the loading dock in the back like the rest of us. I promise you she'd get better information about how the Office is truly functioning than she would by staying locked up on six.
It's the law, read it, know it, love it.
[Citation needed.]
I'm not saying it's not true, but my understanding of the law is that elected officials are as subject to it as we are. They may not think they are (I'm looking at you Chuck Rosenthal, Tommy Thomas, Ed Emmett, Judge Shelton, et al), but they are.
As for morale, I think this blog does as much to keep it low as does Lykos with her changes. People in the private sector have to deal with being at work by a certain time, puking about it here doesn't help and isn't constructive. In fact, I'd wager that if she finds out that you think it's such a bad thing, she'll make sure to do it. They'll have to learn to adapt just like others in other law firms or businesses.
It really is time to move on from complaining about Lykos. You have a new job, I think it would be more constructive for you (and definitely for your clients) to not keep on hammering away at this.
Now, when she does something from a criminal justice policy perspective that really affects the safety of the folks in Harris County, have at her.
For the record, I'm not a Lykos supporter, or even a Republican. I am, however, more interested in whether or not you're finding your way as a defense attorney, or just waiting to get a prosecutor's job back.
Anon 8:59
"one person" my ass!. there are many many ADAs who do not get to work at 8:00am. But they work late and/or weekends and through lunch to get their job done. Pull the timesheets and you will see. Oh, but you don't need to do that because you already know that, don't you? You claim it's one person. Yeah, right! Perhaps the email was an attempt to shield themselves from a discrimination lawsuit. If it were just one person, then there would be NO need for an all prosecutor email, now wouldn't there??? Think about it. You know.
I tell my guys/gals never to try to get a hold of a prosecutor before 8am.
Rage,
I'm actually enjoying my new job quite a bit. I'm liking my clients and I like doing everything I can do to help them. I pick through each case meticulously for problems and flaws with it, and I'm able to do it without developing an "us versus them" mentality. I respect my adversaries, and I've been shown respect and kindness by them. I will keep you posted if I end up developing any "rage" of my own.
Anon 8:22,
I would tend to agree with you that it does appear that some people have definitely been singled out for transgressions against Lykos.
I think it is also important to note how many times prosecutors do things on their cases that never end up on a timesheet. I can remember numerous and lengthy phone calls with victims, their families, and police officers that I did at home and never even considered putting it on a timesheet. It was all part of the job.
RAGE SAID:
As for morale, I think this blog does as much to keep it low as does Lykos with her changes. People in the private sector have to deal with being at work by a certain time, puking about it here doesn't help and isn't constructive. In fact, I'd wager that if she finds out that you think it's such a bad thing, she'll make sure to do it. They'll have to learn to adapt just like others in other law firms or businesses.
It really is time to move on from complaining about Lykos. You have a new job, I think it would be more constructive for you (and definitely for your clients) to not keep on hammering away at this.
RAGE, it's so easy to spout that life changing internet advice isn't it?
I'm sure you're a nice guy and all when you're not in your internet alter ego mode, but really, if based on nothing else but your anonymity and the internet persona you project, do you think anyone would follow your advice?
Rage,
This is merely a forum to vent and exchange ideas. "One person's garbage is another's treasure".
Personally, I agree that the last few posts appear to be petty and portray ADAs as crybabies. I also know that is the farthest thing from the truth.
We need to recognize and appreciate the theme Murray is setting forth. Specifically, Lykos/Leitner have no real idea what the fuck they are doing. Therefore, they are instituting generic rules that appeal to the general public. Touchy feely bullshit that is easily defensible to those unfamiliar with the essence of our job as prosecutors. Kind of like some professors in the ivory towers that espouse lofty ideas and theories that sound good on paper but don't work all that well in the real world. Communism is a prime example of such nonsense.
The Leikos/Leitner demagoguery will break the spirit and promote mediocrity in the office. Time will, unfortunately, prove me correct in this assessment.
I'll transition to private practice this summer.....it would be hypocrisy for me to continue.
Anon 8:59,
I have no problem with the telling folks to be in at 0800, but to suggest that an office wide email is based on one person is ridiculous.
I do have a problem with the part of the email that said that an ADA must have PRIOR approval from LYKOS or LIETNER to come in after 0800 on any day. That is absurd. Are Lykos and Lietner going to give their home and cell phone numbers to all ADAs, so when one of them has a child who has been throwing up all night with a virus, they can call Lykos or Lietner at 0400 to tell them they won't be in at 0800?
I've been on four Grand Juries and ALL of them have started at 8 a.m. We liked to start early and hopefully get out before the traffic got horrible. More often than not it took a week or two for the word to get out that the 262 was open for biz, but then we'd get lots of thanks from many of the ADAs for coming in early.
I'm sure you're a nice guy and all when you're not in your internet alter ego mode, but really, if based on nothing else but your anonymity and the internet persona you project, do you think anyone would follow your advice?
Huh. That was one of my nicer posts, and you sound like the jackass this time, so maybe they should follow my advice on this one rather than yours...
Personally, I agree that the last few posts appear to be petty and portray ADAs as crybabies.
Not half as much as all of the responses along the lines of "OMG IT IS THE SUXORS HERE NOW!!!ONE11!" So Murray provides a place for it, but they're the real ones doing it.
I also know that is the farthest thing from the truth.
Well, all evidence is to the contrary on that one, for now. A new administration will have new and mostly arbitrary rules. It sucks working for the government, because those are the jobs most subject to changes like this.
We need to recognize and appreciate the theme Murray is setting forth.
I do in a way, but trust me from a top-down perspective that if they see people complaining about it they're less likely to change it as opposed to them responding to honest and direct concerns. Anyone with children should go speak to Leitner post-haste and tell him they know of and understand the new policy, and then ask what they should do if their child gets sick. They will respond to that much better. Trust m e on this one. And no, I have never met Leitner and have no idea what he's like in person, but administrators respond humanely when spoken to like humans. They will respond poorly to this blog, however.
Specifically, Lykos/Leitner have no real idea what the fuck they are doing.
I can agree with you on that so far. If she holds up her campaign promises, I'll start disagreeing with you. Of course, you and I see those promises in a different light and want different things to happen at the DAO, but if she does what she says she was going to do, I'll be a supporter. The petty schedule and "reply-all" e-mail BS is nothing compared to the changes that need to happen in that office. And for the record, I hate firm-wide e-mails and make every effort to stamp them out where I work. I don't care what someone three floors up has to say about one of their cases. I don't care where everyone else is going to lunch. Leave me alone.
Therefore, they are instituting generic rules that appeal to the general public. Touchy feely bullshit that is easily defensible to those unfamiliar with the essence of our job as prosecutors.
I'm not sure what touchy-feely stuff they've done. So far I agree that they're awful Nazi-like. I'm hoping for the touchy feely stuff.
Kind of like some professors in the ivory towers that espouse lofty ideas and theories that sound good on paper but don't work all that well in the real world.
The same could be said about real-world actions by our past DA...
Communism is a prime example of such nonsense.
When you throw in human nature, sure. But Communism is just a form of government. There's nothing inherently good or bad about it, it's the people implementing it that are either good or bad. Jesus didn't develop capitalism, and in fact would have been much more in favor of communism, done right (which as a tenth year lawyer at a downtown defense firm I hope never happens...)
The Leikos/Leitner demagoguery will break the spirit and promote mediocrity in the office.
I hope not. Although to me they're replacing one demagoguery with another, if that's the case. Again, scheduling issues are minor compared to public safety and fair justice.
Time will, unfortunately, prove me correct in this assessment.
We'll see, and I'll be the first one to admit if I'm wrong. But we want different things out of the DAO so I doubt we'll ever agree 100%.
I'll transition to private practice this summer.....it would be hypocrisy for me to continue.
Then perhaps you should start now? Hypocrisy isn't in staying past this summer, hypocrisy is in staying at all.
fellow bloggers,
lest you forget, liekos has the "heart" of a politician not the heart of a prosecutor and her decisions will always reflect that. what makes you think this blog or anything else can change a 70-80 yr bad habit?
I do not work in the criminal defense area but I am a lawyer and a mom. Lawyering is a PROFESSIONAL job. As a professional, you think you would be treated as someone who has good sense to know when to be at the office. Having a 8:00 am start time even when it makes no sense to be there at that time (can't contact witnesses, have nothing you need to do, can do more later), makes you feel like you are not a professional. The "time clock" analogy is apt. Nonsensical things like this are EXACTLY what erodes morale. If you have a problem with an individual's work hours, deal with that person directly--don't be a puss and make up some stupid rule that makes little sense for most people. My guess is that they want to run off more experienced prosecutors.
At last count there were seven people who thought that Lykos' smoking porch was reasonable. By my count, that would be:
1. Lykos
2. Leitner
3. Greenwood
4. Bridgwater
5. Goode
6. McAnulty
Who is the 7th?
" The petty schedule and "reply-all" e-mail BS is nothing compared to the changes that need to happen in that office. "
Like what exactly? Be specific, and do use examples of your criminal law experience.
"At last count there were seven people who thought that Lykos' smoking porch was reasonable. By my count, that would be:
1. Lykos
2. Leitner
3. Greenwood
4. Bridgwater
5. Goode
6. McAnulty
Who is the 7th?"
Jesus? Samuel Jackson? J.D. Salinger?
Arthur,
Let's see, Lykos campaigned on "restoring" the Office to being the best in the Nation. She has failed to realize to do anything other than attempting to break the spirit of those under her. You want real suggestions on what she should be doing?
Here's a few:
1. Spend some money on some technology to help prosecutors in presenting their cases.
2. Start organizing some more actual training on how to try cases on specific cases.
3. Enhance a mentoring system that encourages prosecutors rather than scaring the piss out of them.
4. Walk the halls every once in a while to let her employees know that they are all on the same team.
5. Meet with the heads of HCCLA and give them an update on the new policy of offense report copies. Listen for some input.
6. Start calling up prosecutors who get a good verdict up to her office and congratulating them.
7. Um, try a case. (Yeah right)
8. Start visiting courts while docket is going on and seeing what her prosecutors do on a daily basis.
That's just a start.
And as for the 7th person? I'm doubting Jesus would be up for sponsoring a smoking porch, although Samuel J. may very well be up for it. Is Salinger still alive? Who knows?
AHCL:
Hugo Chavez is undoubtedly numero siete
I see that Joseph Stalin and Idi Amin have both posthumously weighed in for "the Judge" to have her toke room.
Now we're up to 9 crackheads in support of county sponsored substance abuse facilitation.
However, the little people will still have to smoke on the loading docks.
Sorry, but I agree that if your day begins at 8a, then be there at 8a. If the secretaries, who have to be there at 8a to answer the phones for the lawyers who AREN'T there have to be there, then the lawyers should be there. Enough of the special treatment just because you're a lawyer.
And don't say anything about family obligations or where you live. That's idiotic, to say the least! Every other person who is required to be there, investigators, secretaries, receptionists, etc has some other obligation or excuse not to show up on time, but they do, or they're in trouble if they don't!!
Keep in mind, Murray, that it was because of the abuses of this that Leitner put this email out. If people came in at 8:15 or 8:30 every once in a while then it probably wouldn't be an issue, however, Asset Forfeiture and PIG folks, just to name a few, were coming in at 9a or 9:30a just because it was more convenient...FOR THEM!! They work for the people and have chosen to work for the people. So be there on time to start work FOR THE PEOPLE!
To the secretary:
You leave at five everyday. Then I should leave at five everyday right? You guys don't get comp, I understand. But we do because we don't have a choice. That said, let me ask you this, do you think we should be expected to leave a five everyday? If so, then I agree with you. That is what are little dictator Jim is creating.
I also know where you are coming from about the specialized divisions. Asset Vould't Cut it in the Trial Bureau forfeiture? True.
PIG, well Ed Porter was there for years, point taken. Oh and Clint Greenwood now heads it up, point further taken. He hasn't worked a full day in twenty years.
That said, what about those of us who are not Chiefs in the Trial Bureau- Leave at 5 when you do? I don't think so, so put it in perspective. We are lawyers and we have more responsibility.
I betcha there are some sore asses doing a very long commute from adjacent counties amongst those with seniority.
What time do the bigwigs have to be there?
Anon 454, and others,
Please remember that when ADAs show up after 8:00 they do not clock in at 8:00. They use comp time they have earned (by working late) or they use vacation time. Some make up the time by working late and/or weekends, unlike secretaries or investigators. Secretaries never work more than 40 hours a week. And investigators who have to much overtime are forced to take days off, UNLIKE attorneys who are expected to work for free after they "max out" at 240 hours of comp time earned. Nobody works harder at that office than the ADAs. So, if they want to make it a rule that everyone works strictly from 8-5 then fine. I think these rules will make the lawyers want to leave at 0500 every day. Lawyers know what they need to do to get things done, and they often work at home in the wee hours of the morning to do so. It seems this administration wants to micromanage people; treating lawyers like children instead of professionals. I fear that the office will lose some great talents because they don't know how to manage people and they haven't a clue about how to keep morale up.
ANON 10:27,
Well stated.
The future HCDA work product will reflect this new mindset.
Let's see how many high profile non-whales are actually tried and how many tough cases are, as I suspect, plead out.
When the citizens of Harris County realize their criminal justice system has been politicized down the crapper they just might be a little peeved.
Got to go, time to punch in.
Anon 11:27 said: "I think these rules will make the lawyers want to leave at 0500 every day."
I'm pretty sure you were trying to say people would want to leave at 5:00 pm daily. In coast guard time 5:00 pm is 1700. So, in Jim's ideal world, all ADA's should work from 0800-1700 and put down one hour for lunch, even if they don't take it, earning no comp time in a day and not finishing any of the work they need to do.
I spend all day trying to call victim's and witnesses. Guess what, they're at work. Do you know when they answer? 6:30 pm (that's 1830). Do you know when they call back, even though the voicemail I left said to call between 2-5pm (that's 1400-1700? 6 or 7pm.
So, I'll come in a 0800. Sit around for 45 minutes with nothing to do and then I'll leave at 1700 and never have any of my work done. I wonder how the Judges are going to feel about all those resets for RIPs.
Oh, I forgot about the officers who work night shift...that's a whole can of worms on its own.
Anon 12Feb2009 @ 1400hrs:
Wasn't Jimmy "Loser" Leitner in the Merchant Marines?
All I'm sure of is that he skirted any possibility of active combat duty and did not serve in the United States Navy during the Viet Nam War Era.
Regardless, it's time to shove off.
Anchors Away my friend.
All I'm sure of is that he skirted any possibility of active combat duty and did not serve in the United States Navy during the Viet Nam War Era.
I bet you voted for Bush anyway though...
Rage,
My point exactly!!!! Look what a stellar job of leadership W displayed. NOT!!! We can only hope your boy Leitner fares a tad bit better. But logic would dictate otherwise.
BTW, I sure am impressed with O Man's leadership as well....just goes to show: "who the fuck needs experience in leadership anyway"?
Now get back to your crack pipe.
Does anyone know if these strict rules against tardiness apply to the bigwig lateral hires? Didn't one of the new bureau/division chiefs recently miss an intake shift? I wonder if that person was reprimanded and removed from the intake schedule.
Anon Feb 12, 2:00,
yes, thank you for correcting me. I'm not good at military time. I meant 5:00pm = 1700 hrs.
Anon 10:27
Rage
Get your facts straight!!
Jim Leitner served in the U.S. Coast Guard and retired after serving 20 years. (Active and reserve) I think the rank he left with was Admiral.
Not bad. What is your military record???
4:04, I think we're on the same side on this one--I was criticizing the guy who was criticizing Leitner. I had no idea Leitner had served in any branch of any service, and was quoting someone else.
But if you must know, I'm a VMI grad and a former company commander in the US 3rd Armored Division. Lawyer is my second career.
Murray--I was asking our resident jackass Rage what his birrliant ideas for the ""change" needed at the DA's office, what with his vast criminal law experience and all. The ideas you list are common sense--and thus will be ignored most likely. :)
Rage
Thanks for the info and YOUR service.
I am sorry for my misunderstanding.
Seaton:
How about making policies that prevent any of the multiple wrongful convictions? I can live with leaving the types of policies up to the supposed experts, such as you claim to be, since you're right I don't practice criminal law.
Or maybe I shouldn't, seeing what a piss poor job you folks have done so far...
http://ragejudicata.blogspot.com/2009/02/ricardo-rachell-update.html#links
"How about making policies that prevent any of the multiple wrongful convictions? "
Sigh. You and I have had this conversation before. At least your stupidity is coupled with tenacity.
We can never, ever, ever eliminate wrongful convictions. The best the system can do is make sure they happen in the rarest of instances, as they do now.
Good God Arthur, you are a hack.
It happens all too often. And to the extent that we can continue to try to improve, we should.
A DA's assertion that "we're as good as we can be" is probably in the top three threats to our liberty as American Citizens.
In addition to being so amazingly wrong, it is apparent that you just don't care.
There's a special place in Hell for people like you.
"In addition to being so amazingly wrong, it is apparent that you just don't care. "
Amazingly wrong? Out of the 8 people I sawy in court today who took please, how many do you think were actually innocent? I know how many were--ZERO. The last three trials I watched that were guilty--guess how many were guilty? All of them.
Do wrongful convictions happen? Sure they do, and they are tragic. What's even more sickening than that though is agenda driven bullshit masquerading as actually caring about the process and the people in it, and that's what you are spewing.
I care so much about the criminal justice system that I bust my ass in it every single day. You damn sure don't.
You bust your ass in the criminal justice system because you couldn't get a different job out of law school Seaton, be honest.
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