Judge's career includes landmark sex offender case

Judge's career includes landmark sex offender case
State Judge- Manuel Banales

By Kara Perez
CorpusBeat Magazine

Manuel Banales knew he wanted to practice law from the beginning of his undergraduate schooling. As the State 105th District Court judge, Banales has nearly 20 years in the legal profession. He was one of the first judges to have sex offenders place warning signs outside their residences, and also the first judge in Corpus Christi to allow cameras in the courtroom. Banales hopes to capture a sixth term in the 2006 election.
CAREER PROFILE: MANUEL BANALES
CorpusBeat: How would you, very briefly, describe what you do? Manuel Banales: I hear all kinds of cases, civil and criminal. The criminal side includes accusations of violations of state penal laws and determines, for the most part, whether the person is guilty or not guilty. Often times a person likes to have a jury decide the issue, and I make sure that the case is tried according to the rules. Most of the criminal cases wind up guilty pleas from the defendant because the state does get the right person. Even if the person knows he or she is guilty, they still have the right to a jury trial and may force the state to prove them guilty. On the civil side, I hear disputes between parties, such as who pays whom for what and how much and that raises complex issues. If a case goes to trial in January it will take anywhere from four-to-five weeks, which is rather long. Most other civil cases for the most part settle (out of court), and don’t involve such complex issues. We have your typical car accident cases and I also hear family law issues. Some have said that the role of a judge is that of an umpire or referee. However, I see a judge as more of a person who is called upon to decide questions of fact and of law. A referee or umpire makes decisions unilaterally without being asked to do so. But for a judge, often times a judge will not make decisions unless the judge is asked to make the decision. Even if the judge sees that something is being done wrong, unless it is so egregiously wrong, the judge does not step in to resolve the issue. The judge has to wait for a trial or a hearing for a request to make a decision. CB: Who makes the request?MB: Criminal cases are set for trial whether the accused or the state requests a trial. Civil cases are usually set when the attorneys or the parties request a trial setting.CB: How long do criminal trials usually last?MB: The length of any trial depends on the complexity of the case. I have had criminal trials that were done in one day. The longest has taken six days.CB: What requirements are necessary for a state district judge? MB: In Texas, a state district judge must be a lawyer who is licensed in the state of Texas, licensed for at least four years, a resident of Texas, and a United States citizen. Most who become judges have been a lawyer for at least 10 years, a substantial amount of time.If you want to be an appellate judge, that is a judge who reviews decisions made by a judge of a lower court, the requirements are essentially the same except that a lawyer must have been licensed for at least 10 years. It’s a higher level of judge, because that judge reviews decisions of lower court judges; they need that much more courtroom experience. If you are a JP (Justice of the Peace), the judge does not have to be a lawyer or can be anyone who is 18 and an eligible voter. CB: Who do the state district judges report to? MB: We report to the law. There is no one that we report to on the outcome of cases other than, of course, the physical purposes an agency allows them to see how many cases were disposed of in a court and what kinds of cases. Criminal cases, different civil cases, and family law cases we report through the county clerk’s office, including the numbers and kinds of cases that are disposed of. We also have to report the numbers of cases that are pending, so the bureaucrats in Austin can see what we are doing. Last year I tried 46 jury cases, while some of my colleagues tried less than 10. There are all sorts of factors and we have to remember that we are human beings and we hear cases involving human beings and there’s all sort of things at play. There are times when we just can’t predict the length of a trial.CB:What are your major tasks and responsibilities? MB: In addition to deciding cases in court, we also have administrative duties and responsibilities. In Texas we supervise several departments. The adult probation department supervises persons who are found guilty or who have entered a plea of guilty and don’t go to prison but remain on probation under good behavior. We also supervise a juvenile department for kids up to 17 and hire directors for those two departments and hire the county auditor. A county auditor is a person who supervises the county financial affairs and is required to see to it that the county is within its budget every year. We also appoint the county purchasing agent along with county commissioners and essentially supervise those departments. We have duties in a courtroom that require us to address petitions and complaints and other matters outside the courtroom. The district judges have to meet on a regular basis to conduct matters that pertain to the judiciaries here in Nueces County. I also serve two other counties, Kleberg and Kenedy counties, and there I am the only district judge and I run the judicial department all by myself without having to deal with anybody else. CB: Does this bring upon any additional challenges? MB: It depends. The bigger counties, for the most part, don’t have other counties that one or more other judges serve. Mine is kind of rare in the sense that I have a big metropolitan county, Nueces County, a population of about 250,000. On the other hand I’ve got two small counties, one of 28,000 and the third one of about 400 people. That does not mix. The courts that have two or more counties usually are of the same size. It’s unique and an attractive element to this court because I’m in a different county each month. The way we do things over there is different than the way things are done over here (Nueces County). Things are a little bit more fast-paced over here, whereas over in the other counties it’s a little bit more laid back. CB: How many districts are there in Corpus Christi? MB: In Nueces County we have eight district courts. In Texas, there are 1,215. CB: What types of cases go through your court? MB: Criminal cases, murder cases, drug and robbery cases, and what we now call intoxication manslaughter, and that is a driving while intoxicated (DWI), a driver who has an accident and kills somebody else either in his own car, a pedestrian or somebody in another car. That is a second-degree felony and carries serious punishment; up to 20 years in prison. We also hear a lot of methamphetamine (drug that affects the nervous system) cases. CB: During your career, you ordered 21 sex offenders to post signs in front of their houses that read, “Danger: registered sex offender lives here.” What inspired you to do this? MB: Whenever I was asked to speak to various groups I would ask, "How many of you have seen a registration of a sex offender in a newspaper?" Rarely would a hand go up that they had seen that notice in the newspaper. I concluded that was not enough, and because of that I ordered the sign on those offenders. After an examination with a psychiatrist or psychologist, those who were believed to be a danger to the public, non-compliant, or if substance abuse had been a part of the offense, then I would order the condition (posting the sign) for them. Other factors that came into play, then (the result would be that) those sex offenders would have a sign in front of the residence and a smaller one on their car. CB: What were the offender’s reactions? MB: They were surprised and they obviously didn’t like it, but they had to do it in order to stay on probation. They challenged me. For example, they claimed vigilante action against them. That never happened, although one said that he did not have any witnesses to prove that had occurred. There were some that said, “This is victimizing my family, my wife and children.” They said it would reduce or lower their property value. I’ve got to protect the children. They gave me all sorts of reasons and I rejected all of them. CB: How did the public react? MB: (They were) very supportive. It was amazing. For the longest time, wherever I went, people would stop me. Strangers at H-E-B, the mall, even out of town people would recognize me. Even to this day, the people like what I did. CB: What was the outcome? MB: I appeared on the "Today Show" with Katie Couric, and on one of the stations here, Channel 6. Also, there was Ted Koppel, Bryant Gumbel with "The Morning Show", Wall Street Journal, Time Magazine, and USA Today. CB: What are some of your most memorable cases? MB: We had one case that convinced me to do more than just put sex offenders on probation. We had a little girl, about 8 or 9 years old, on her way to school. A sex offender that I had sent to prison for maximum 10 years, got out on parole in early 1990s, rented a house, and he lured this little girl into his house using a live rabbit. The reports were that nothing happened to her other than the scare and the fright of what could have happened. He was eventually tried and convicted under a new law, which says that when a sex offender commits a second sex offense, the only punishment that person can receive is life in prison, which is 30 years, day for day. I did not try the case the second time, only the first one. The other case involved a defendant who molested a girl from about the age of 8 or 9 years old until she passed age 14; he was convicted of five counts of indecency with a child and charged with almost 10 counts of either aggravated sexual assault of a child, or sexual assault of a child. I stacked his sentences so that he would be in prison for about over 300 years and he would not be eligible for parole until about 110 years. In other words, you know where he’s going to die. CB: Do you handle many high-profile cases? MB: Yes, I was the first person in this county that allowed cameras in the courtroom. Until about the early 1980s, judges were not allowed to have cameras in the courtroom, and then the Texas Supreme Court changed the rules.I believe that the media should have access to the courtroom because the courtrooms belong to the people. I allow the media to go in under certain rules and conditions.For example, you can’t go around following the witness or put the camera to the chair of the witness. The rule that I imposed was I am going to put you in a spot, and you stay there and don’t move. They cooperate because they want to be in. CB: What affect did this decision have on the courtroom?MB: Allowing cameras in the courtroom provides the public the opportunity to see what goes on in their courts. In essence, it opens up the courts to the public.CB: How many years have you been involved in the legal profession? MB: I’ve been here for 30 years. I was a lawyer 11 years and I’ve been a judge 19 years now. CB: What do you feel has been your greatest accomplishments? MB: In the early 1990s I made the Corpus Christi Independent School Board (CCISD) obey the open meetings law. The school boards that existed back then had conducted some meetings that were, in my opinion, in violation of the open meetings act, and that occurred during a time when they were conducting a search for a new superintendent. I nullified whatever decisions they had made that were leading to the selection of the superintendent and told them to start all over again, but this time in compliance of the open meetings act, which required them to conduct their meetings out in the open instead of in private clubs, going out of town, or away from the general public. They then conducted their meetings in compliance with the law and made their selection. I tried a capital murder case (The State of Texas v. Richard Brimage, Jr.) where the defendant killed a young woman who the year before had been high school queen in Kingsville. It took us two and a half days to pick a jury and less than five trial days to try the case. Most judges have taken from three-to-four weeks to as long three-to-four months just to pick a jury, and I did all of that in less than two weeks. The jury found him guilty and eventually he was executed. CB: What practices or initiatives do you think set your court above the rest? MB: The dockets are always moving on the criminal case side. I have half a dozen or a dozen or more cases and cannot always try all of them so I try all that I can. Those that are not reached are put on the docket for next month. Then I take on the next caseload. The civil side relies a lot on mediation. I try very few cases to a jury and use a lot of techniques for parties to settle or talk with each other, or eventually turn to a jury. CB: How are dockets moved throughout the courts? MB: In Nueces County, and in most counties in this state, each court has a court manager or court coordinator who manages and dockets the cases for hearing or trial. It is the job of the court manager to see that cases are promptly set for hearing within the time requirements set by law. CB: What challenges do you see over the next five years? MB: Trying to stay ahead of the criminal docket. Crime has come up and is always a constant challenge. It’s hard to stop crime. Texas is not light on drug abuse and as a result, takes up a lot of our time. I would prefer taking on more serious cases. CB: How can high schools or colleges better prepare young people for your profession? MB: The best way is by continuing their education, reading a lot, read at every opportunity. Also doing a lot of writing, not just by the use of a computer, but pen and paper writing. If they want to be a courtroom attorney, take a lot of public speaking courses, such as debate. CB: Looking at your career field, do you see any differences in young people coming into the profession today versus when you started? MB: They have improved the practice of law and resources to the judiciary. Some law schools are now going to provide laptops to their students. We’ve come to the point where we really do not need books. Whenever I need a case while on the bench, I turn to the computer and there I have it. Lawyers will be at a disadvantage if they do not know how to utilize their computer skills and learn how to use the resources on the Internet. CB: What do you feel are the top three qualities that make a good employee? MB: Understanding his or her duties and responsibilities, readily able to adapt to changes that always occur, and a willingness to take direction. CB: Outside the workplace, what are some of the ways you volunteer or “give back” to the community? MB: I go to schools and talk to students as young as first grade. I’ve gone to Del Mar College and have been asked about various things. The State Commission of Judicial Conduct (SCJC) imposes some kind of rules on work outside the office. For instance, we cannot raise money for Boy Scouts, or ask other attorneys for money for a certain cause. CB: Have you won any awards? MB: Community organizations recognize judges from time to time. I’ve been recognized by a local LULAC (League of United Latin American Citizens) organization and Hispanics Network within the last five years. I believe both did so, in part, because of my decision protecting children and other victims from sex offenders. (When) I required that probationers who were sex offenders place in front of their residences a sign stating that they were sex offenders. Doing so would give the public the opportunity to take adequate measures to protect themselves and their children.CB: Please describe any person from high school or college that helped direct you to this career. MB: About 35-to-40 years ago, when I was in college, I chose engineering and law during a career day, because engineering was a hot topic at the time. The engineer who spoke to us at career day was kind of boring. When the lawyer came in, he was much more exciting. He told us you could make $40 an hour. We were wowed. Someone today can make as much as $400 an hour. I saw a lawyer as having the most impact, both inside and outside an organization and locally, as well as nationally. CB: What was the first job in your career, how long ago was that, and how did it lead you to your current position? MB: After college, it was in 1975, I became a general practice lawyer. I worked for a lawyer who had a storefront office and then I became a trial court lawyer. CB: Do you have any advice for high school or college students who might be interested in this field as a career? MB: Continue your education and hit the books. When I was an undergraduate, I studied about 10-to-12 hours a week. Then, when I went to law school, I was studying 10-to-12 hours a day and there were many thick books I had to read. CB: Your wife, Peggy Banales, is a county commissioner. What is it like being married to another county official? MB: It’s interesting. We both work in the same building, although we don’t commute together. Her schedule requires her to leave the courthouse regularly and meet with a lot of people outside of the office while I stay in the courtroom throughout the day. She has many after-five engagements but she enjoys it and I enjoy that she enjoys it. CB: Outside the office, what do you do to mentally unwind? MB: I like being outdoors. I enjoy the yard work at my home. It gives me time to think about things and rehash arguments from the day or week before. Home is important. CB: What music or performer do you like?MB: I like classical music. I played the cello in high school. I also like to hear cello music. CB: What good book have you read lately?MB: I read a lot of fiction. Lately, I mainly read law books, biographies. One book I read and I like was “Becoming Justice Blackmun: Harry Blackmun’s Supreme Court Journey” by Linda Greenhouse. He was a Supreme Court Justice from the early 1990s. You learn a lot from biographies. I’ve picked up a couple of pointers as a lawyer through the principal and approach that guided me in a case in 2001 and 2002, helped me a lot. CB: What anecdote or story can you share—funny or serious—that relates to your work or choosing your career?MB: When I was in Junior LULAC, a lawyer (in LULAC)I knew, through his skills as a lawyer, was able to pull mostly everybody together over an issue which may have had something to do with housing, and resolved it essentially along his ideas and his own proposals. He had the group together to disregard the issue at hand. What impressed me was simply his initiative to do it though it was very difficult to accomplish, and yet he got it done. This encouraged me to consider law. SOURCES: Banales, Manuel. Personal interview. 22 Nov 2005.
VITAL STATS


Name: Manuel Banales
Age: 55
Occupation title: State judge
Education: Bachelor in Arts of political science, University of Texas at El Paso; doctorate of juris prudence, University of Houston
First job: Working as a runner for lawyers in El Paso
Best job: His current one
Career Path: 1980 at a storefront law office, 1986 ran for office, 1987 judgeSalary in 20's: $20,000
Biggest challenge: Maintaining a good balance between job and family

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LULAC



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