Back in the summer of 1998, I was between my 2nd and 3rd year of law school at the University of Houston. That's roughly the academic time in a law student's life when the big law firms start coming to campus to do interviews with students. Nervous law students hoping and praying to get hired on with one of those White-Shoe firms wear the same damn suit for days in a row as they talk to all of the legal powerhouses from around the city, state or country. There is a notable increase in the general level of stress around the school.
In many ways, it was like league dating. If you wanted to even get an interview with one of the top-tier firms, then your grades needed to reflect that you were a top-tier student. Some of the smaller firms were a little looser with their standards. I remember hating that time of law school because all of my normally laid-back friends suddenly became hyperactive stress monkeys.
For me, it was a little less stressful. I didn't want to get on with a big firm (and with my grades, that feeling was mutual). I had one place and one place only that I wanted to work:
The Harris County District Attorney's Office.
That was it. No backup plan. No safety net. They were the best in the State. They were the best in the Country. They were the best in the World.
I applied for one of the coveted "pre-commit" spots with the Office. If you received one of those, you had a guaranteed job with them that you held while waiting for your Bar Exam results. It was job security provided that you passed.
My interview was with Julian Ramirez and Donna Goode. Julian was fresh off of securing the death penalty on a case where a Houston police officer had been murdered, and I felt like I was in the presence of a celebrity. I interviewed. I thought it went well.
Back then, after an interview with the Office, you received a letter several days later that told you either: a) congratulations! You're invited to be a Pre-Commit; b) Thanks for your application, but we aren't offering you a Pre-Commit spot, please re-apply once you pass the Bar; and c) Thanks for your interest, but we don't feel you would be a good match for our office.
I got the "b" option. Although I thought my interview went well, I wasn't entirely surprised that I wasn't getting a Pre-Commit slot. My grades weren't exactly terrific. Although I was mildly disappointed, I wasn't deterred. I wasn't giving up.
I finished school a semester early (shocking, I know). It was by design. I wanted to take the February 1999 Bar Exam because it was the last one before the State Bar was adding the dreaded "Federal Income Tax" portion to the exam. The prospect of dealing with that scared the hell out of me. I spent all of January and February of 1999 at every bar preparation class that BARBRI had to offer. In retrospect, if I had studied as hard during the rest of law school as I did during those two months, those White-Shoe firms might have actually been interested.
The last day of the bar exam was February 25, 1999. I finished and drove straight home to Bryan. The lease on my apartment ran out three days later, and for the next three to four months, I was a 26-year-old, engaged, law school graduate, living with his mommy and daddy. It paints an attractive picture, I know.
But I still had my eye on that prize. I was just biding my time and waiting for that second shot at applying with Harris County. I worked as a law clerk for the Brazos County Attorney's Office for five (count 'em, 5) dollars an hour, trying cases and waiting on those Bar Results. When I learned I passed, I applied again within the next business day.
I had my (second) first interview with Maria McAnulty at 201 Fannin. She told me at the end of the interview that she would be referring me to the full Hiring Committee. I was giddy. A few weeks later, I was grilled by the grumpy old men of the hiring committee, and I couldn't have been more nervous.
Much to my relief, a week or so later I received a phone call from then-1st Assistant-later-Judge Don Stricklin, offering me the job. I accepted on the spot and told him I'd be there in two weeks. He told me that I didn't have to be there that quickly, but I assured him that it was no problem. I'd been waiting for so long to work at that Office that I didn't want to wait an unnecessary moment.
Honestly, I don't know that I ever worked so hard to achieve something in my entire life.
I bring all of this up now in response to seeing this today on Twitter.
The job that aspiring prosecutors once had to work so hard to get is now actively seeking new employees. Apparently, so many prosecutors are leaving the Office now that they are beginning to find themselves in a bit of a desperate situation. They can't say that I didn't warn them. The problem remains personnel and internal politics.
Over the course of the summer, three highly respected and senior Felony District Court Chiefs departed the Office for the Feds. Off the top of my head, I can think of at least two other District Court Chiefs who departed earlier in the year. For those of you unfamiliar with the hierarchy of the Office, a District Court Chief is someone who has attained the level of experience within the Office to manage a felony court. They are the ones who have the experience to try death penalty cases. It is a reward position that honors experience and hard work. Most prosecutors who achieve that position are considered to be career prosecutors.
Senior Felony Twos (those who are on the cusp of becoming chief) are leaving as well. One departing Two told me that she was leaving because she was a lawyer and an adult and wasn't going to spend her career being treated the way the Office was currently treating prosecutors.
Earlier this week, a recently promoted Felony Chief turned in her two-week notice, leaving Harris County to go work for the Montgomery County District Attorney's Office as a Felony Two. To put this in perspective, pretend that you are in the Army and you just got promoted to General. You then resign from the Army to go work for the Marines as a Sergeant. It's kind of like that and with an accompanying pay cut.
I have to admit that I'm not all that surprised by this current rate of attrition. When Kim Ogg took over as D.A. and immediately fired 38 senior prosecutors, she pretty much made it clear that she valued loyalty to her over experience. Is she starting to realize what a mistake that was?
From what I've heard, the Office is trying to offer some incentives to get people to stay. They are now giving badges to prosecutors on their 3-year-anniversary with the Office (it was four years back in my day). I've also heard that they are looking into providing free parking for people who have been there for three years (as opposed to when you make Chief).
Those are nice gestures, but I remain convinced that if the Ogg Administration truly wants to stop losing experienced prosecutors, Kim needs to restructure her upper-echelons. The current situation that her rank and file are working in is miserable enough post-Hurricane Harvey. She can still make a change in the way she treats her people. Being a Harris County Prosecutor is still something that can be one of the best jobs on Earth. Retaining good, experienced prosecutors drastically reduces your chances of hiring a convicted felon as a new recruit.
I remain hopeful that Kim Ogg will realize that it isn't too late for her to turn this bus around. She can still have an office that upholds the platform that she wants as District Attorney and back it up with a formidable squad of experienced trial prosecutors. She just has to stop running off good people.
61 comments:
Aren’t two of the people in that picture gone or have put in their notice?!? Pathetic. She is a joke. Sadly, just like her attitude towards justice, she could care less about the credibility of that office.
Ogg has had the wrong priorities for some time now. I don't think she's going to change them now.
I have been told over a hundred prosecutors, including now her third in command, have quit since she took the reins. She is apparently now attempting to hire older, more seasoned attorneys from the private sector to fill the voids and having to pay them a premium salary which is pissing off the current staff. Attorneys with two years experience trying murders ? That is a travesty and the citizens of Harris County are the losers and deserve better.
I have been told over a hundred prosecutors, including now her third in command, have quit since she took the reins. She is apparently now attempting to hire older, more seasoned attorneys from the private sector to fill the voids and having to pay them a premium salary which is pissing off the current staff. Attorneys with two years experience trying murders ? That is a travesty and the citizens of Harris County are the losers and deserve better.
When the first thing people are told is "you are just cogs in a machine", it is hard not to shake that feeling. #experiencematters
I was one of those grumpy old men who voted to hire you. We did not make a mistake. Notwithstanding Pat Lykos' opinion (and Ken Magidson's opinion for that matter) you are not only a talented lawyer but excellent writer (and a good guy as well). I hope that the HCDA office can survive its current problems, but your blog unfortunately paints a bleak picture. Hang in there.
Calvin A. Hartmann
I counted 10 prosecutors in that picture who received their “3 year badges”. It would be interesting to know how many felony first chair trials each one has in 3 years with the office
One misdemeanor chief came down with 1 felony trial. One misdemeanor chief with back up as a 2 man with 4 felony trials
Do you remember how many you had before you went down as a misdemeanor chief and how many you had before you made felony 2?
Thanks for posting, Murray. I have my own sour-grapes story involving the HCDAO badge.
I left the Office a little over a year ago. I was three months shy of three years in. When I put in my resignation, I asked the trial bureau chief if, in recognition of the work I'd done for the Office, I might receive my badge a little early. The request wasn't made lightly. I took my job very seriously, and I had (and continue to have) immense respect for that symbol. I told him I'd pay for the expense from my own pocket; he told me my request was reasonable and assured me he'd try to get it done.
Then I had my exit interview with the Administrative Bureau Chief (whom, by the way, Ms. Ogg hand-picked for the position, citing her interpersonal skills). She'd heard that I'd asked for my badge, and told me that, because I'd reneged on my three-year commitment, I wouldn't be receiving one. A harsh assessment (especially coming from someone who had absolutely nothing to do with my hiring decision), but arguably fair enough. She then proceeded to tell me that, on my expectant salary, there was no way I could afford the cost of living in Austin. Well.
(Incidentally, I heard this chief recently sought greener pastures herself; I was tempted to reach out and ask her why she didn't last three years.)
I don't mean to compare what amounts to a minor slight to those who've had their integrity called into question—to say nothing of those whose careers were ended—by this administration. My story is, I admit, small fish. But when I hear prosecutors complain about being treated like children, or undermined, or talked down to . . . sadly, all I can do is nod along.
38 prosecutors fired when she took office
64 prosecutors have left since that fateful day
102 total prosecutors gone over the course of about 20 months. Thats STAGGERING!
If the elections work out well for the republican party, she will lose a few more, including two more felony chiefs.
It doesnt take a genius to see there is a pretty big problem. Harris County has lost hundreds of years of experience and will continue to hemorrhage under this culture and leadership. Who will run against her?
Too bad most of the citizens of Harris county have no idea what a mistake they made and the main stream media for the most part has not pointed it out.
Kim Ogg is certainly different than any district attorney we've had in Harris county for several decades. I predict she's not through cleaning out the remnants from past district attorneys who cared only for convictions, justice be damned. Montgomery county still has that mindset which is why it's a good landing spot for those who refuse to place justice before convictions.
I actually think THREE in that pic have already left. 😂
McLennan County will be hiring soon. Reyna lost out bigtime to Johnson, who seems to be nice guy who will have his hands full with dismissing the remaining Twin Peaks cases and trying to help defend the dozens of civil cases that will be coming to trial or settled. But it is Waco after all and that's not the ideal city in which to live and raise a family.
9:04, spoken like a true loser who could cut it when the office was a shining beacon. Justice be damned is right. That is the current reality at HCDAO.
Yes, please, save it. You leaving shy of three years and being butt hurt about a badge you never earned means nothing in this conversation. You had yet to venture into the waters of being a real prosecutor. You still had your training wheels on.
Coincidentally, you had more experience than the guy Ogg picked to run the vehicular crimes division. So maybe there was a place for you in that office.
The fact that the Harris County DA's office has to solicit applicants is astounding. For ever and ever, an applicant had to beg, borrow, plead, cry, work voodoo to get a job there. I know I did my fair share of praying and worrying to get my spot. Even when I did leave (well after 3 years, believe me), I left the office knowing I had helped a lot of people, learned how to analyze and try a case, and formed a life-long camaraderie with my colleagues and opponents as well. All of these experiences have made me a seasoned and well-trained advocate. These inexperienced short-timers will not have the chops to effectively represent a federal, civil or defense client, thanks to Ogg undermining morale and sending everyone running. Ogg has not only shipwrecked an office; she has eviscerated a generation of what used to be a powerhouse in the legal community.
2 have left already; a third has put in their notice
For someone who is not an insider, what badges are you talking about? Lawyers are not cops & I do not understand why one would be asking for this badge on the way out the door.
You end by mentioning her "platform." The irony is that all this has zero to do with her platform. Pretty much everyone there (including most of those who were fired) were willing to implement her platform. We're ADAs. Give us a left wing DA, and we'll implement left wing policies.
No, this is all because she's a very bad manager, and the people at the top are also very bad managers. She won this job running on a platform, but, just like your title says, her problem is personnel, starting with her.
Kim Ogg is not the primary reason that people are leaving. I left because of the negative environment and crab in a bucket mentality that lingers among the begrudged bitter leftover attorneys. People will rise to the occasion if you allow them to and can do so quicker with the help and the guidance of senior prosecutors. I know from personal experience that when you do seek advice from the some of the seasoned folks they spend more time scoffing over why you have that trial and complaining about administration than they do helping you succeed. Thank God for some of the lateral hires that have stepped up to the plate as many vets sit back and wait for you to fail so that they can tell administration “I told you so”. Any person with a brain and heart understands the seriousness of felony two cases and takes the responsibility very seriously and isn’t going to wing it; unfortunately there are only a handful of leaders and mentors left that are willing to put justice above their disdain for KO—or hell even let you sit on a trial with them. You can’t complain that people are inexperienced and in the same turn resist them having the opportunity to gain experience. Yes we got promoted faster than you think we ought have, but for the sake of the people in Harris County if we need the seasoned prosecutors to rise to the occasion as quickly as us newly promoted folks have had to. Perhaps if you spent less time counting the number of trials that people have (inaccurate numbers by the way) and more time helping your newly promoted prosecutors seek justice maybe the office would improve as a whole.
@August 24, 2018 at 9:04 PM
Nice try, Vivian.
There's all his bitching but with the exception of the guy who said he couldn't get help and guidance from his superiors, what is the problem? I'm just curious. You say there's problems but you never say what they are.
There's all his bitching but with the exception of the guy who said he couldn't get help and guidance from his superiors, what is the problem? I'm just curious. You say there's problems but you never say what they are.
Agreed! The people there for the right reasons could give two fucks about a badge. I was there to help people and to grow and develop as a lawyer.
- Aug 26, 2018 6:36
Agreed! The people there for the right reasons could give two fucks about a badge. I was there to help people and to grow and develop as a lawyer.
- Aug 26, 2018 6:36
6:26 pm
It sounds like you left because you didn't know what you were doing and wanted your chiefs to hold your hand through a trial you had no business handling and weren't prepared for. It's probably for the best that you left.
So...
People should stick around and help each other and work together and pull up their bootstraps to make it a better place, right? Got it. Can’t disagree with that I guess.
But. You left. Right?
I can assure you, Captain Credibility, that Kim Ogg is precisely the reason that the majority of folks have left. Either KO or her Ogglodytes.
Plenty of people who left under the latest administration (who actually earned their badges) were charged $80 for their badge, only to receive a badge that was clearly not the one they turned in. Just another slap in the face.
@triggermortis
I take exception with your backhand swipe at my hometown of Waco. I began my career there under the legendary John Segrest, who was perhaps the most honest district attorney this entire state has ever known. We went from the best to arguably the worst when Abel Reyna won election. But after working for Lykos 6 months and being around corrupt assistants who would return from lunch half drunk I quit and hung a shingle back here in Waco and have never looked back. We have a newer county jail which beats that shithole you have in Houston. We have decent schools, nice restaurants, and Baylor Law School! Johnson will be the new DA as his challenger dropped out of the race yesterday. The civil cases by the bikers will cause taxes to be raised I'm sure but this is still a great place to live and raise a family.
I worked for the federal government for 20 years before law school.
I don't speak to every unique experience here, but I sense that there is some entitlement issues here as opposed to looking at it like service.
Each election, the victor chooses the priorities. You know that when you took the job. Today it is murders, and tomorrow it is retail theft.
You are expected to adjust and adapt to that changing environment.
You are not there for the elected district attorney, you are there for the people of Harris county.
Speaking of job openings, the rumor mill is buzzing with who will be applying with the voters in 2020 for Kimbra's job. Stay tuned.
Anonymous August 26, 2018 @ 9:04 PM
Why didn't you ask Vivian or Joanne? I hear they are trial geniuses.
No, prosecutors aren’t cops, but they are technically law enforcement. It is customary in a lot of counties for prosecutors to receive badges. That’s why it’s more of a “gold star” award in Harris County than a true identification symbol.
Heh so you were a short timer who bailed despite the new forced fast tracking and are griping about the people with actual experience who are sticking it out. The irony.... If you would have paid a bit more attention, you would have noticed veteran 2s and chiefs try cases constantly and will bring on less experienced prosecutors *if* they can handle the work. Heck, there are felony 3s that have co chaired on murders or been given agg robbery trials because they could handle it. If chiefs were constantly declining you, maybe it was something other than Ogg hate. The fact is the office was not hemorrhaging prosecutors prior to the election. Now it is.
There are still chiefs who train and help, not just their own people, and try cases with 2s etc.
I’ll make a fronthand swipe at your hometown...that place sucks and always has. Famous lynchings, Kenneth McDuff, Branch Davidians, Ken Starr and the Baylor rapists, and just general Baptist judgement and hypocrisy.
Not to mention that getting half or full drunk at lunch was the only option for us to survive the Lykos years (and Ogg for that matter.)
So…so to sum it up, D.A. Kim Ogg has duplicated Venezuela’s game plan to show the public how successful Communism can be when implemented in government…bring in all of their hand selected comrades with I.Q.’s on the left side of the bell curve, so they can have a job instead of on the welfare rolls, being they can’t function in the real world at any job.
George Soros sure got his money worth out of his hand picked little comrade communist.
Nah. My conviction record says otherwise. But the fact that you took a post calling for accountability and teamwork and construed it as wanting someone to hold my hand supports the point I was making. I left because of people like you who are more concerned with being right than doing what’s right.
Lets not forget about the two of the 38 prosecutors that were underperformers and fired by that genius whom recently tried and convicted Capital Murder defendant, Ali Irsan, in less than 30 minutes and later sent him to death row!! You are a GD genius Gump!!!
Anyone who doesn't think that Kim Ogg made a MASSIVE MISTAKE by letting go the majority of those 38 prosecutors on day one is delusional at this point. Granted some of those people were going to be let go no matter what or just plain needed to go, regardless. However, the vast majority of those people were sources of institutional knowledge and experience that they have not been able to replace. And had they been given the chance, I think that Kim would have seen that they could have been a continuing asset to her and Harris County. The majority of Kim's "team" have proved to be some combination of incompetent, poor managers, self-serving or past their prime. If Kim was smart she'd give Vivian and Joanne their walking papers yesterday. But that is not going to happen. However, I think if that was done, the morale of the office would improve overnight. Furthermore, I bet that if you polled the people who have voluntarily left the office since Kim came in, you'd find that they left primarily because of Kim (and her team's) absolutely dismal management from day one. Not Harvey. Not because they couldn't get trials. Not because they wanted to make more money somewhere else. They left because of Kim plain and simple. And I think she is finding that replacing these people is not as easy as she thought... Not just cogs in the machine, eh Kim? And furthermore, if anyone thinks that Kim's future opponent doesn't have an ace in the hole with the whole Nathan Beedle fiasco lurking in the shadows in this #metoo culture better buckle up and get ready for that whole thing to play out in the media when the time is right. Don't think that anyone has forgotten how she handled that. I'd absolutely not be surprised when Ogg decides she'd rather chase greener pastures in some other race. Especially since no one knows how eliminating straight party voting is going to turn out for Harris County in 2020. But here is a hint -- there is no way Republicans would have passed that if they didn't think it couldn't help benefit them in the voting booth.
Although essentially irrelevant, badges at the 3 year mark was under Devon as well. Parking is new though!
The problem is that there is no direction. A blanket policy is made without being told how they want the policy implemented. Then when you do use discretion to implement that policy, they get mad because they don't know why everyone is doing it differently.
The other problem is the constant moves which is a platform that Kim ran on. She said she was going to stop having the constant movement so that there is consistency from beginning to end of the case. The longest some 3s are staying is only 4 months. That is not enough time, in some courts a case may only be on once maybe twice in that time frame. While it is hard for them to correct this due to the attrition, they could make smarter decisions about those that are still there.
Lack of training. For several months it has been said that there will be small training videos made to help with the lack of continuity and experience. Many have offered to assist with this, still no videos.
Inconsistency in direction from the administration. One day you get in trouble for agreeing to a bond for an in custody defendant, and the next you are told to make arrangements for defense to do walk through bonds for defendants with open warrants.
Individuals were also told to have evidenced based prosecutions and not relationship based decisions. However, if someone has the right people's numbers, the next thing you know you get called up and grilled about a case because defense is complaining.
At meetings we are told it is the goal not to waste tax payers money. We cant get legal pads but here is really fancy coffee machine.
The goal of a prosecutor is to seek justice and sometimes justice results in a reduction or nolle. However right now the justice is portrayed as what will not get us in the news for a bad reason.
Actions speak louder than words and the actions being seen now paint a bleak picture for Harris County's future.
And many cops are getting disgruntled with the steady drumbeat of refused charges from Intake. This is driving out aggressive officers and enabling the retired on duty mindset that will guarantee crappy cases, which will further burn out the good DAs.
With the amount of felony 2s leaving, it is a very real possibility that in the near future you could have someone who is a lateral hire with only 2 years or so of experience, almost unilaterally NOT at Harris county, as a felony district court chief. That’s just insane.
To give context to the 102 prosecutors leaving:
Baker McKenzie is the largest law firm in the world, employing roughly 4700 lawyers globally. There are 229 lawyers at it's flagship branch in Chicago.
What that means is, if the largest law firm in the world lost the same amount of people at it's flagship branch that HCDAO has lost in the last 20 months, HALF of that branch would be gone.
Let that settle in.
@5:15PM By all means let's just eliminate intake or let HPD staff make the call. Good grief...
I find it funny that you’re bragging about having a new county jail.
100% agreed
You keep count of your “conviction record?” Good riddance.
I was there for part of Lykos' reign and could write a book about the corruption that was prevalent throughout the entire office then. I left after watching Clint Greenwood throw the Tolan trial. Seriously, did anyone honestly believe that Greenwood, who had defended police officers charged with crimes his entire career, should be in charge of the Police Integrity Division?! What a joke. There was a lot more going on under Lykos than just getting drunk at lunch, it was a cesspool of corruption from the top down and made me consider practicing civil or corporate law. Like all baby prosecutors I was impressionable, and like all baby prosecutors I wanted to be accepted, but unlike others who stayed and worked through Lykos and the Andersons, and who Ogg has fired, I refused to sacrifice my integrity. I know some of you reading this will defend your actions with a myriad of excuses. And maybe you weren't corrupted by the past administrations, but the truth is you witnessed corruption and by staying you gave your tacit approval and sold your integrity.
Moved here summer of 2009 and hesitated on applying to HCDA after talking to Bridgewater (put into contact with him thru a family member). This blog site and comments have done a lot to solidify that weariness.
Nathan must be untouchable. He treated another female ADA like a piece of trash again last week and nothing happened. The ADA held her own with him but he was out of line. Appareantly his boss is aware but no consequences.
Tttttttttthhhh
Institional knowledge. This BS phrase gets said all the time. It's an excuse to allow sorry ass people to pretend they are important.
OK Sean. Sure, that’s exactly what your motivations are and were. We know who you are and what you’re all about. Not fooled.
Speaking ill of a police officer who was murdered just to prove some point or somehow make yourself feel better for quitting and trying to take an easy road... now that’s integrity.
"it's" = "it is" and "its" = the possessive form
Please let that settle in.
Anon8:15
"Institional knowledge. This BS phrase gets said all the time. It's an excuse to allow sorry ass people to pretend they are important." Hey dumbass, Institutional Knowledge comprises the understanding of processes, systems, details, standards, cultural values, and general information that makes up an organization. It's not about egos. It is about people knowing how to get things done.
Sounds like you are suffering from terminal "little brother" syndrome.
@September 2, 2018 at 12:16 AM
During most administrations there have been cases where prosecutors blatantly corrupt the system but it in no way means that all of us are complicit. Most of the time the only ones in on it are the ones who are working that case. I don't know the details of cases that others work, I have my own to deal with.
Back during the Rosenthal administration when Andrea Yates was on trial I wasn't aware of the conspiracy to have Park Dietz commit perjury. In fact, I didn't find out about it until I read about it in the newspaper. I have always done my absolute best to be honest and most defense attorneys know me as someone who plays by the book. Don't paint everyone with the same brush, I can't condemn the actions of others for which I am unaware.
Nathan Beedle treats objects like women.
Plain and simple. That is a lie!
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