In this column to the Southeast Houston suburban communities, I will write a series of articles dealing with issues facing justices of the peace and municipal courts. Let me start by giving you an overview of who I am. My name is Dick H. Gregg, III and I serve as an Associate Judge for the City of La Porte as well as the lead prosecutor for the Cities of League City, Webster and Kemah. I am the vice-president of the law firm, Gregg & Gregg, P.C. located in Clear Lake. Over the past 14 years, I have practiced law in both JP and municipal courts handling various types of cases, both criminal and civil. I have prosecuted and defended Class C misdemeanors and presided as a municipal judge over the same. The only role I have not filled is wearing a gun on my hip, frisking others for weapons and keeping order in the courtroom. This role I gladly leave to Bill Bailey’s men and women who do it so well. Of course, I have only worn one hat at a time, and never when a conflict existed. The beauty of having had a chance to wear all these hats is that I gain not only experience, but knowledge of how cases are developed from every perspective. Knowledge is wisdom.

    In some cases, the role of a judge will become much simpler the more technologically advanced our society becomes. For instance, in two cities where I prosecute, the police vehicles are equipped with digital cameras which are constantly filming. Once an officer activates his or her overhead lights to initiate a traffic stop, the video recorder will automatically go back in filming time (about a minute prior to activating the overhead lights) and it will preserve the images. This technological advancement means many traffic infractions will be captured on video. I have heard forever the phrase that a picture is worth a thousand words. It’s worth more. From a prosecutor’s perspective, introducing into evidence a video showing the infraction is golden. From the judge’s perspective, it makes it much simpler to decide a case. For a defense attorney, it will make or break the defense. So, when you are driving through the cities of League City and Webster be extra careful because you are on candid camera! Soon, these cameras will even be equipped on motorcycles.

     I’m sure everyone has noticed in just about every small town and large city now there are red light cameras mounted at busy intersections, above the traffic lights and pointed at solid white lines. These red light cameras are designed to prevent drivers from running red lights. From a legal perspective, it will be very interesting to see what the Attorney General has to say about these new devices and the fines and penalties which will inevitably be generated from their use. The issue the Attorney General has to decide is how to reconcile a driver committing the same exact infraction is a crime if viewed by an officer or a citizen, yet not a crime, only a civil penalty if captured by camera. This civil or criminal issue may cause an administrative nightmare for justice courts, which handle both types of dockets. Before running a red light caught by a camera became a civil penalty, all red light cases were placed on the criminal docket. Presently, it’s impossible to tell upon which docket the case belongs by the type of traffic offense. It now depends on how the traffic offense is to be proven. From a legal perspective, there is a different burden of proof if the offense is civil versus criminal. I suspect the AG will figure out some way to justify their revenue generation because millions of added revenue will be at stake. Every small town in Texas is hoping to have the extra revenue that will be generated from violators. While I certainly like the idea of finding ways to persuade drivers to drive more safely, I’m not sure having a camera at every intersection in town is the answer. It may cause as many accidents as it prevents. For instance, a driver is more likely to slam on his brakes to avoid running a yellow light, which could potentially cause more rear-end collisions. On the other hand, red light cameras are possibly causing drivers to be ticketed. I sincerely hope that video cameras are proven to be accident prevention devices rather than just another government revenue generating device. It leaves one to wonder, what’s next? Cameras mounted at stop signs, perhaps? While the Texas Legislature tries to find other ways to raise revenue for state projects and public schools, I would not be surprised if that was the next step.

     Until next month, drive safely, as if you are being filmed…because perhaps you are!