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Judge Michael McC _ nick - Voice For The Defense Online

Judge Michael McC _ nick - Voice For The Defense Online

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number ofpoints of error, andnoneofthemare good." And then you stumble ontonumber 16 and you wonder why he buriedhis best point down there. Further, I havedifficulty understanding why an attorneywould makeone point of error number oneand another one that is so closely relatednumber28. And if you'regoingta writeonone of them, you're going to have to writeon the other one, and yet he'll brief it andput all the facts up there about number oneand then he has to rebrief it and say almostthe same thing in dealing with number 28.I don't know why they aren't pulled togethermore, but you find it in briefs thatway. <strong>The</strong>y split themup, they're not closetogether at all.BW: Is there anything in particularthat you want to say to the judges and attorneysof Texas?<strong>Judge</strong> Onion: <strong>The</strong> only thing I canthinkof that I'd really like to say is that if1had to do it all over aeain. I'd still choosethe judiciary. I still think ;hat's an importantpas of thelegal profession. I thinkthatwe should take every effort to encouragemore people to consider the judiciary andgood people, we need good people, wellqualifiedpeople on the bench and I thinkto keep, to get good people and keep themthere, we're going to have to do somethingaboutjudicial salaries. I'msure that Icouldhave nladenlot morenamy practicing lawthiln sittinz - on the bench over all of thescyears. It's hard to say to my son who's alawyer or to other young people who ask,"Do you think there's a chance for me toever be a judge?" and I say, "Oh, yesthere's a chance, but I think you reallyought to seriously consider whether that'swhat you want to do so much that you'rewilling to give up something that you pmbabiycould acquire a lot easier." But, wedo need good, honest people who are goingto call them like they see them. I thinkthat's what the members of the bench andthe bar ought to be looking for. Do somethingtoencouragemoregoodpple to getinto the judiciary.BW: What, ifyou feellikesharingwifhus, are your plans affer you leave theCourt of Criminal Appeals?<strong>Judge</strong> Onion: Oh, I was afraid youwere going to ask me that. I really don'tknow. I'mprobably going to end up sittingby assignment around the various pints ofthe state as a trial judge. Of course, if theyask me to come sit on the appellate courtsometimes I wouldn't be opposed to that.InfactJ'd probably look forward to it. But,I assume that what I'll he doing mostly isaccepting assignments to the trial bench.BW: See you in Couft!Conversation With<strong>Judge</strong> <strong>McC</strong>ormickBill White (BW): What do you see asachange in yorcrrole now thdyou're thenervprwidingjr~dge of the Court?<strong>Judge</strong> <strong>McC</strong>urmick: As far as theopinion writing and all, I don't see that myrole will change; I'll still just be one of 9voting judges and so I don't expect tochange the direction that the court is<strong>Judge</strong> <strong>Michael</strong> J. <strong>McC</strong>on<strong>nick</strong> wasplected to the Court of Criminal Appeals11 1981. In November of 1988, he won:lection to the position of Presidingludge on the Court of Criminal Appealsmd will begin his tenure in January of'989. <strong>Judge</strong> <strong>McC</strong>ormick received hisSD. from the St. Mary's Universityichool of Law in 1970. He graduatedkom St. Mary's as an Honor Graduaterrzd was editor of the St. Mary's Lawmoving philosophically. I don't see thatthat's therolethat peopleperceive, at leastinternally, to be the role of the Presiding<strong>Judge</strong>. I say administratively, carry out thewishes of the court as far as administrativematters, but as far as the practitioner willperceive -I don't perceive that there willbe any change at all other than the changeof whoever thenew member that the governorappoints would impact the alignmentsof the coua.BW: Dayonperceive a change in howthe courf's going to opemte?<strong>Judge</strong><strong>McC</strong>ormiek: Yes, I've got a lotof ideas and I think there are a lot of othergood ideas that other judges have, and Ithink that we can say without hesitationthat if there's some ideas that surface thatmight helpus move cases a little better andbe a little more responsive to the needs Ithink in the system that the majority rulesis one way I'm approaching it. And if thereJorrrnal in 1969 and 1970. hr 1970, hewas named as the Leslie Merrin~ OutstandingLaw Graduate. He received hisundergraduate degree froin the Universityof Texas at Austin.<strong>Judge</strong> <strong>McC</strong>orr<strong>nick</strong> served on theBoard of Directors for the National DistrictAtiorneys Association from 1977rrntil1978. He ws Executive Director ofthe Texas District and County Altorneysas so cia ti or^ from 1976 throrrgh 1980,and served as President of the NationalAssociation of Prosecutor Coordinatorsin 1978. He worked as an Assistant DistrictAttorney in Travis County, Texas&a 1971 until Novernber of 1972 as aChief Felony Prosecutorand Chief of theAppellate Division. <strong>Judge</strong> <strong>McC</strong>ormick~asalsoa bnepngattorneyforthe Courtof Criminal Appealsfrom May of I970through July of 1971.<strong>Judge</strong> <strong>McC</strong>orr<strong>nick</strong> is a member ofnumerous State Bar conmdttees and Iectrrresat many criminal law seminars. HeMas a member of the drafting committeeof the 1973 Penal Code and authoredBranch annotated Penal Code, 3rdedition.<strong>Judge</strong> <strong>McC</strong>ormickalso received theRosewood Gavel Awardfrom St. Mary'sLaw School in 1984.8 VOICE for the <strong>Defense</strong> I January 1989

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