Texas, the Eyes of Justice Are Upon You

On October 13, we lost a resolute champion of the law, a man who left his impact on the lives of untold numbers of Americans.

His very name made his life's work almost inevitable, a matter of destiny. William Wayne Justice was a Federal judge for the Eastern District of Texas. That's right -- he was "Justice Justice" -- and he spent a distinguished legal career making sure that everyone -- no matter their color or income or class -- got a fair shake. As a former Texas lieutenant governor put it last week, "Judge Justice dragged Texas into the 20th century, God bless him."

Dragged it kicking and screaming, for it was Justice who ordered Texas to integrate its public schools-- in 1971, seventeen years after the Supreme Court's Brown v Board of Education decision made separate schools for blacks and whites unconstitutional. Texas resisted doing the right thing for as long as it could. Many of its segregated schools for African-American children were so poor they still had outhouses instead of indoor plumbing.

This small town lawyer appointed to the federal bench by President Lyndon B. Johnson ordered Texas to open its public housing to everyone, regardless of their skin color. He looked at the state's "truly shocking conditions" in its juvenile detention system and said, repair it. He struck down state law that permitted public schools to charge as much as a thousand dollars tuition for the children of illegal immigrants.

And Justice demanded a top-to-bottom overhaul of Texas prisons, some of the most brutal and corrupt in the nation. He even held the state in contempt of court when he thought it was dragging its feet cleaning up a system where thousands of inmates slept on the dirty bare floors of their cellblocks and often went without medical care. The late, great Molly Ivins said, "He brought the United States Constitution to Texas."

Some say justice stings. William Wayne Justice certainly did -- and his detractors stung back, with death threats and hate mail. Carpenters refused to repair his house, beauty parlors denied service to his wife. There were cross burnings and constant calls for his impeachment.

After he desegregated the schools he was offered armed guards for protection. He turned them down and instead took lessons in self-defense.

You need to understand that while so many Texans have fought and are fighting the good fight in the Judge Justice tradition, others believe in the law only when it sides with them. They long for the good old days of Judge Roy Bean, the saloonkeeper whose barroom court was known in the frontier days as "The Law West of the Pecos." His judicial philosophy was simple: "Hang 'em first, try 'em later."

The present governor of Texas seems to be channeling Judge Bean. During his nine years in office, Rick Perry -- "Governor Goodhair" as Ivins called him -- has presided over more than 200 executions, dwarfing the previous record of 152 set by his predecessor in the Governor's Mansion, George W. Bush. (The most, it is said, of any United States governor in modern history.)

Lethal injection is practically a religious ritual in Texas. In fact, before their sentencing verdict that will send Khristian Oliver to die in just a couple of weeks -- on November 5th, to be exact -- jurors in the East Texas town of Nacogdoches consulted the Bible and found what they were looking for in the Book of Numbers, where it reads, "The murderer shall surely be put to death," and, "The revenger of blood himself shall slay the murderer."

Although it was noted that referencing holy writ was an inappropriate "external influence," two appeals courts upheld the jury's sentence and the U.S. Supreme Court refused to hear the case.

Governor Perry will do almost anything to please the vengeful crowd in the Coliseum with their thumbs turned down. Did we mention that next year he's up for re-election? When it turned out recently that five years ago the state may have wrongfully executed a man for a crime he didn't commit, Perry pulled some particularly shady moves.

In February 2004, Cameron Todd Willingham was put to death for allegedly setting a fire that killed his three young daughters. Governor Perry has willfully ignored evidence from top arson investigators that the blaze was not homicide but an accident.

Now Perry has fired the chairman and three members of the state's Forensic Science Commission just as they were about to hear further scientific testimony that might prove Willingham's innocence. This week, Perry told reporters that the controversy is "nothing more than propaganda from the anti-death penalty people across the country."

They can be short on mercy in Texas. All the more reason to mourn the loss of Justice -- William Wayne Justice. Rest in peace, your honor.

Bill Moyers is managing editor and Michael Winship is senior writer of the weekly public affairs program Bill Moyers Journal, which airs Friday night on PBS. Check local airtimes or comment at The Moyers Blog at www.pbs.org/moyers.

 

Comments

[1laingirl]

I was always proud of being a native Texas until the last ten years or so. The way things are going here at times it seems fairly hopeless, particularly when we lose good guys like Justice Justice. He makes you think about how important it is to name a child right as it does seem to affect their outcome. We must improve our schools, which are financed primarily with real estate property taxes, but, unlike other states, the tax appraisers do not have access to the true value of high end properties. A friend of mine in California who works for a large real estate investment company tells me that the taxes they pay for commercial buildings and apartments complexes in Texas are based upon 1/3 to 1/2 less than what they paid for the properties. Legislation to correct this never gets far.

Today I read on Glenn W. Smith's blog (Dogcanyon.org) that in Republican controlled Harris Co., Texas, there is a hearing tomorrow to settle a lawsuit against the county registrar concerning the denial of 78,000 voter registration applications in 2008. It is believed this was to suppress the votes for Democrats. This means the GOP may be using public offices to rig elections. Why am I not surprised, just sad.

[bluemirror]

It's not 2009 in Texas.

The education system in Texas is a direct result of the hatred. The amount of people without insurance is a direct result of the hatred.

The minute you enter some towns/cities in Texas, you can actually feel the tension that white people have against any other race.

Yeah, it's truly the Lone Star State alright.

It's time for the "Justice" people of Texas to take the state back!

[KriTiKiT]

it's those with money tied to associations... just ask these people that are the "racist" hoard where they are truly from. any true native texan, works hard, holds down and takes responsibility, and tries to avoid politics and has ties to home, and really respects there neighbor to keep the peace...
lately in texas, it seems that every time a company or developer comes in or a foreign company with a toll plan, or t. boone pickens buying all the resource rights to water that he can! they go in to counties and re-zone and change the plan of the land because what they want to do WOULD BE ILLEGAL. Or when the democrats consolidate to a area they have to change and gerrymander the voting districts...

they keep pittling around with the fine regulations and appointments and tampering with elects because they are trying to silence the true voices of texas

[KriTiKiT]

Texas has become crooked over the last 20 or so years with the systematic checks and balances that have been controlled by 2 men with like minded judicial interests. rick perry is now texas' longest serving governor after bush. they appointed the atty generals the judges the appointments in the law enforcement and in the judiciary. Stripping Ann Richards education plan to nothing (if we didn't have the gerrymandering in texas we could have voted them out.)
and deleting every state email to the gov. in 7 days, yet using a privet email like sarah palian did to do state business
texas is under politcal attack and is showing the symptoms of any dictatorship any where across the globe.
they gutted public services sold our roads to tolls sold our prisons sold out the positions in out states government, as rewards for what ever they wanted to reward.
lately in texas its not about who is most qualified for the "job" its who you appoint to continue the hard line policies as dictated by karl rove. and fueled by the paranoia of nine 11, everything in texxas is a security risk.

I am a native texan, my family blood runs deeper than the wars and the revolutions. I remember the true history of my states policies and this is not par for the course.

[LMPE]

Next year, Texas has the chance to elect a good governor. Honor William Wayne Justice!

[3dtrix]

The good news is - the seemingly never-ending stream of shocking stories and developments on this theme we continue to see (which largely seem to originate in a few predictable regions and locales) ARE shocking because the rest of our society is moving on and maturing. It wasn't long ago that these tales had little if any shock value - they were just reportage of the status quo. As these attitudes and behaviors continue to recede into the past, they will seem ever more like announcements from National Geographic that another "lost tribe" has been discovered in this or that steamy jungle - their contrast with the new norms of society will increase their novelty, if not their charm...

[zwitterion]

The death penalty should be outlawed. Two wrongs don't make a right and G-d is the final judge not "the system", besides it's scary to think innocent people might be put to death.

[philko]

And if an appeal to your compassion won't work (ie. if you're a Republican), then consider that capital punishment has no demonstrable deterrent effect, that is results in a recidivism rate no lower than does a sentence of life without parole, and that - with the inevitable appeals taken into account - it costs taxpayers a LOT.

Simply put, capital punishment makes bad business sense. It completely fails the cost/benefit analysis.

[NoElephants]

Agreed - if you could be absolutlely certain that somebody was guilty of murder or child rape and the death was the sentence, then that person should be taken out and executed in a public forum immediately. However, since we can neither be certain of that persons guilt based on our flawed legal system, nor can we expedite the process, it ends up costing unconscionable amounts of money to keep somebody on death row.

[whypassword]

Don't like Perry?
Go Medina for Gov!
http://www.medinafortexas.com/

[KriTiKiT]

http://www.youtube.com/watch?v=LXUZUm0OSE0

these are my own words, against secession.

[nobodyatall]

With the major demographic changes Texas is experiencing, it is likely to become a solid blue state within the next 20-30 years... Texans may well be at the forefront of progressive politics by the mid-21st century.

[zwitterion]

Hmmmm, Calf. has a large majority of hispanics and they voted down gay marriage, it's not a good idea to stereotype people. Not all "people of color" are liberal.

[philko]

The "shift toward blue" in Texas isn't due to ethnic changes (quite a large number of Texas hispanics voted for Bush). Rather it's due to the shift in population from rural to urban and suburban settings. Obama carried the major Texas cities, but lost the state. As Texas' population continues to concentrate around the big cities, Democrats will see gains.

It probably won't happen soon enough for us to avoid another term of Gov. Perry (or, more likely IMO, Gov Kay), but 20-30 years down the line, we could easily be a swing or even light-blue state.

[comicpro]

The people of Texas deserve better. I will not castigate all Texans as there has to be some logical, rational folks out there who must be extremely frustrated. I will not make general statements about the entire population but if you can bring TX to the 21st century I am sure a whole bunch of people in america would be damn grateful!

[BlueTexasWoman]

We do deserve better. And we're trying. Right now the most effective action is crossing over to vote in the Republican Primary for Kay Bailey. Not a great choice, but better. And a dem still has about 0% chance of winning a statewide election because of the high percentage of out and out bigots in the state. But at least KBH will let us bide our time while the much discussed demographic changes happen. Lord knows she can't be worse.

[philko]

"Lord knows she can't be worse."

For some reason, those words fill me with a sense of foreboding...

[RoxieinTexas]

No way would I ever vote for Kay Bailey. We're better off with Rick Perry getting the republican nomination and going against a Dem.

[David A. Love - Huffpost Blogger]

We need more judges like William Wayne Justice, in Texas and throughout the nation. Some individuals become willing accomplices to the crime of perpetuating an unjust system. Others struggle to transform that system, whether from the outside, or from the inside the way Justice Justice did. Then again, with a name like Justice, he had no other choice, as this was his destiny.

[Sub Libertate Quietum]

Police officers in Dallas, TX have issued at least 39 citations to drivers in the last three years for the non-existent infraction of not speaking English.

Police Chief David Kunkle has apologized publicly to the city's Spanish-speaking community. "I was stunned that this would happen," Kunkle stated. "In my world, you would never tell someone not to speak Spanish."

All pending citations will be dismissed, fines will be returned, and the offices involved will be investigated for dereliction of duty.

The practice came to light in early October when Officer Gary Bromley, a rookie cop undergoing training, stopped Ernestina Mondragon for making an improper U-turn and then ticketed her for not speaking English. The woman was so upset that her family wound up taking her to the emergency room.

""I felt humiliated," Mondragon told the Associated Press in Spanish. "I wanted to cry but I couldn't. The anger wouldn't let me."

http://rawstory.com/2009/10/dallas-police-issued-traffic-tickets-speaking-english/

[Jackson Williams - Huffpost Blogger]

Judge Justice's father Will was a lawyer, too. He practiced in Athens, helping many a struggling farm family in depression-era East Texas.

Billy Don Moyers, the pride of Marshall, may well remember that folks in those parts, including my own Warrington grandparents, used to say "there ain't no justice in Texas 'cept Will Justice."

The old man's apple didn't fall far from the tree, as they say.

[doublels]

Can we boycott Texas?

[Zen0469]

I certainly understand the sentiment but the problem I have with following the course of action is that there are many good people in Texas who are trying to change what the yahoos have put in place. Rick Perry is not among that set of good people.

[normalintexas]

Zeno: Thank you. Thank you. Thank you. It seems every time an article is posted about Texas many posters condemn all Texans with the usual secede comments and red neck generalizations. Fanning you for not jumping to conclusions and generalizations (some of which are borderline bigotry). Take a lesson from Zeno fellow posters and open your closed minds. Texas will be blue in 2010.

[doublels]

I actually agree with you xeno. I was being a bit tongue in cheek. I know there are many good folks in Texas & I usually don't generalize. I wish ''normalintexas'' nothing but the best. But, Texas has a serious PR problem. I hope you can go blue or a least honest red (is there such a thing?).

[darkclouds55]

I knew Judge Justice, I put an irrigation system in his yard one summer. He was a well respected man in these parts. We're not all backward hillbillies in Texas. If you'll recall, the biggest racial divisions in the last election were in the northeast, not here. He was a good man and will be sorely missed. We could certainly still use more like him in this country. There's a lot of work left to be done in Texas, but some of you here should look in your own yard first before condemning all of us Texans.

[normalintexas]

Sending you a virtual hug. fanned.

[comicpro]

Don't know where you got that factoid about the Northeast but as far as racial division in the election I do believe President Obama was an OVERWHELMING choice by everyone, black,whit­e,hispanic and everything in between.

[PatA]

Being from Oklahoma and living now in Texas, I am aware that people like to bash each state.No doubt here in Texas we have mega problems. Just remember this, Bush was governor of Texas and became president of the United States. It took more than the votes from Texas to get him to the white house!
I can only guess but I bet most of the information you have about each state is what you've picked up from the media. In other words, you haven't really studied the history and talked to people who are working to solve state problems.
For space problems, I won't name each state but there are sorry politics and politicians in every state in the union.
I challenge anyone who looks down their noses at any state to prove that they live in a perfect world..with perfect governors, perfect judges, perfect teachers, perfect people and perfect kids, perfect borders, perfect politicians and perfect barbecue joints.
Now, while you work on that, I'm going to go back to weeding my garden.

[lungfish]

"it took more than the votes from Texas to get him in the WH"

Yea, it took his brother committing election fraud in Florida and a Supreme Court decision because he lost the popular vote by about half a million....

Bush signed over 140death warrants and given his failures as President it is almost certain that he failed the system in this regard also.

Perry is covering up a state-sponsored murder and, like most GOP, when the questions get asked the backroom deals, the firings and the obfuscation are the rule instead of putting a moratorium on executions and studying the situation carefully.

Sure, there are problems everywhere and Texas is crooked as a stick and filled with undereducated, mean spirited people. If it succeeded from the Union, it would be a banana republic...

[philko]

As you're typing your screed about "those people" from Texas, does it ever occur to you that you've become what you claim to despise?

[normalintexas]

Co-sign and fanned