I'm a municipal court judge in two jurisdictions and a city prosecutor in another. In the 22 years this has been a part of my law practice, I've seen the too-young-to-have-that offenses that come into the municipal courts run the gamut, from alcohol possession to tobacco possession to possession of vaping materials and drug paraphernalia (not age-dependent). Although the contraband varies, the main excuse doesn't: "I was holding it for a friend". No matter how many times I hear or read those words, I think, "Really? That's what you're going with?" I sometimes follow up with, "Why?". It boggles my mind to see how often the answer is, "He didn't wanna get in trouble..." When I ask who the other person was, the defendant (because that's what he/she is by the time it gets to me) says some variation of, "I'm not gonna snitch on my friend". When I ask where the friend is here today in court, there's never a good answer.
The City of San Antonio instituted a new ordinance that makes it an offense to possess tobacco products (which includes vaping devices) if you're under the age of 21. The Texas Legislature is on track to make that a state-wide law. I have to say, I don't know how I feel about either one. Obviously, I'll enforce it in all my courts if it passes, but isn't there a better way to keep kids from starting than making it illegal for another three years? If that were so, I'd see a lot fewer possession/consumption of alcoholic beverage charges in the municipal courts. And believe me, the kids are still drinkin'. At school. In the parking lot.
So is it their parents' fault? A personal story here: I always thought teaching your kids that drugs and cigarettes and alcohol were bad for you was the way to keep them off the stuff. However, after Daughter #1 grew up and became a married woman, she told me that part of her "departure from the path" during college was that she had always heard me say, "People who use that stuff are bad people", and when she met some, they were really cool and nice people. Here's the thing: we never said the people were bad, just that the substances were bad for you. What parents say and what kids hear are often two different things. It's been that way since Eve said, "He's not the boss of me"...
I don't have an answer for the question, except to quote J.D. Walt: We aren't sinners because we sin, we sin because we're sinners. In the meantime, check out these resources:
Not everybody knows that Texas law requires that a person who has custody of the will of somebody who has died "deliver the will to the clerk of the court that has jurisdiction of the testator's estate" on receiving notice of the person's death. This isn't filing the will for probate, it's just delivering the will to the court clerk. In counties without a statutory probate court, that means the county clerk's office, which is in charge of records for the county court. You would think that one of the people who SHOULD know of the "deliver the will to the clerk" requirement is - well, the clerk!
Not so much...we heard recently from the daughter of a client for whom we had drafted a will that the client had died. After discussing his estate, we concluded that there was no reason to probate the will. Although the will didn't need to be probated, Estates Code Section 252.201 still required that it be delivered to the clerk. Because we didn't want to charge her for delivering the will, we sent her down to her father's county of residence southeast of San Antonio (a county that doesn't have a statutory probate court) with instructions on how to deliver her father's will to the clerk. It was not a short drive. When she got there and tried to deliver the will to the clerk, the deputy clerk informed her that they only take wills of living people for safekeeping (that's Estates Code Section 252.001), they don't take delivery of wills for dead people. Our client's daughter, because she wasn't willing to press and ask to speak with a supervisor, wasted a trip (well, the bluebonnets were beautiful, but you know what I mean) and still has the original will.
Now, to the title of this piece: In Texas, a county clerk, a county judge and a justice of the peace don't need to know anything about the law to get elected. They just need to get enough votes to get into office. Although most of these public servants are conscientious and have the interests of their constituents at heart, the training they provide their employees is sometimes woefully lacking. I think that's what happened in this case - the deputy clerk wasn't being uncooperative, she just hadn't been properly trained. One of the morals of this story is that if you think the public employee you're dealing with is mistaken, you may well be right! The other moral is: Always ask for clarification, always get a name, and don't be afraid to ask (politely) for a supervisor.
Musings, observations, the occasional whineage and some funny stuff.