Well, that is what the Houston Chronicle is arguing for today.

The ousting of Galveston Councilman Marc Hoskins is a frustrating development — and not just to the young politician and his supporters. It reflects a natural but counterproductive attitude toward anyone with a criminal record — an attitude guaranteeing that ex-felons can never be readmitted to society, even after repenting and serving their time.

I'll give them this much -- that Hoskins was not tossed off the ballot last spring and prosecuted for filing a false affidavit at the same time is a bit frustrating. After all, Hoskins affirmed that he was eligible for the office, despite clear statutory language forbidding convicted felons from serving as elected officials. Instead, it has only been in the last week that Hoskins was removed from the city council by a judge.

The ruling affirmed the arguments of Galveston County District Attorney Kurt Sistrunk, who filed a lawsuit against the councilman. Sistrunk cited a state statute barring from public office any felon who lacks a pardon or other release from felony-related "disabilities." These disabilities include losing the rights to vote and hold office.

Hoskins says several attorneys deemed him eligible, in part due to a new law allowing felons to vote. In any case, he signed a mandatory, pre-campaign affidavit certifying his eligibility. City officials aren't allowed to challenge these affidavits, and no one else took it upon himself to try.

Now that rather laughable contention -- the repeal of one part of the law must mean that the other parts are inapplicable as well -- indicates that a number of Galveston area attorneys are incompetent and need to be disbarred for incompetence. But the legal inability of city officials to challenge Hoskins' candidacy is disturbing, because it meant that a clearly ineligible candidate was permitted to run for office despite his having publicly stated the basis for his ineligibility in campaign speeches and a newspaper column.

Now here is where the Chronicle turns stupid, having conceded that Hoskins broke the law with his false affidavit and that the city attorney was correct in seeking his removal from office.

That's why Hoskins' inaccurate affidavit, and the D.A.'s post-facto removal campaign, both are frustrating for citizens outside Galveston Island. Texas could use as many examples as possible of successful drug rehabilitation; Hoskins seems to be one.

Indeed -- so successfully rehabilitated that he decided to file a false affidavit and seek political office despite knowing that the statute in question CLEARLY declared him ineligible. I wonder what additional acts of malfeasance we would find if we looked into Hoskins' life more closely.

And then the Chronicle goes even further off track.

Even more helpful would be a public reminder that a conviction does not permanently disable young people's ability to exercise their full potential as citizens.

Oh, really? I guess that all those disabilities in federal, state, and local statutes are mere figments of our imagination -- clearly there are limits, including permanent ones, on the exercise of ones' "full potential" as a citizen following a felony conviction.

And it gets worse.

Galveston law implicitly accepts these goals. It includes no ordinance forbidding ex-felons from holding office. Texas law shouldn't either. After serving time, all nonviolent citizens should have the opportunity to rejoin the mainstream. For most, that includes regular employment. For those few who are inclined, it should also include the chance to hold public office.

Actually, Galveston law is silent on the matter because state law is clear on the matter -- convicted felons cannot hold public office. Under the logic of this paragraph, Galveston doesn't think treason is all that big a deal, having left the definition of that offense to the US Constitution rather than adopting its own statutory language on the matter.

But I will raise a question for the editors of the Houston Chronicle -- do you really advocate allowing convicted felons (or at least, as you qualify it, "nonviolent citizens") to regain full citizenship rights after serving their sentences? Does this by any chance include the full and unfettered exercise of their Second Amendment right to keep and bear arms, with all the associated rights implied by that part of the US Constitution?

I'm willing to allow them to do both -- are you? Or do you place the citizenship right of holding public office above the fundamental human right of possessing and using the means to protect oneself and one's family from aggression?

Posted by: Greg at 07:59 AM | Comments (30) | Add Comment
Post contains 761 words, total size 5 kb.

1 I like Hoskins He has been a decent councilman. But that doesn't make any difference. Signing a false affidavit is a crime. By definition he is an unreformed criminal.
Those that know me might find it surprising that I actually support these laws. Elected officials especially city council positions are positions of the utmost trust. I've got no problems with letting felons earn the write to vote or possess and carry firearms. But there is no room for felons in our council chambers. There are just to many temptations.

Posted by: Liberty at Sat Nov 25 12:49:32 2006 (66grt)

2 While I have no beef with anyone criticizing the editorial, it’s at least a little bit disingenuous to suggest that the Chronicle let’s Hoskins off the hook completely, and I quote:

“Hoskins clearly shoulders even more blame. Signing that affidavit for eligibility indicates either bad faith or bad advice from associates. Neither lapse inspires much confidence in an elected official.”

Also, their point about felons, especially those convicted of drug offenses, being able to “to exercise their full potential as citizens” is clearly meant to criticize the disenfranchisement laws in effect. You take it somewhat out of context and then (deliberately?) set up a straw man that is easily attackable.

The editorial is not saying that felony convictions don’t have collateral consequences under current law; it merely objects to those consequences. In other words, it recognizes that there are limits, and suggests that we loosen them.

Posted by: Jamie Spencer at Sun Dec 3 04:20:21 2006 (hl9X9)

3 It referred to both the right to vote and the right to hold public office, so I don't take anything out of context, counselor.

Posted by: Rhymes With Right at Sun Dec 3 07:45:16 2006 (hZ4h9)

4 As a convicted, non-violent felon who was convicted 14 years ago, received 9 months of federal, "in-patient" rehab and who has led an honest and produvtive life for the past 8 years, I still beleive that there is no place for convicted, unpardoned felons (especially for those with fraud-related convictions) in public office. As Liberty stated, "There are just too many temptations", and it is not fair or logical to allow those who exhibited an inability to resist temptation AT THE EXPENSE OF THEIR FREEDOM to hold office. I am living proof that there is rehabilitation for those who are willing to psychologically work on themselves, but I also know that I am among a small minority of felons. Thus, the downside of allowing even one felon to obtain office is that it starts the trickle that irrevocably opens the flood gates for those who are truly unworthy to have positions in public office. I have a real issue, however, with the fact that I could not legally buy/posess a firearm at the point at which I felt unsafe in my own neighborhood following the influx of Katrina evacuees. It is rediculous that, although my wife can own a hand gun, if I were to have to fire it in her absence or on her/our behalf, exclusively to protect our home and bodies, I could be convicted of unlawful possession of a firearm (among other related charges that might ripple from the initial charge) and serve time in prison. I would guess that the likelihood of my receiving a pardon is slim to none. Are there any other options to obtain the right to own/possess in Texas?

Posted by: Anonymous at Sat Jul 7 03:13:38 2007 (o8t7w)

5 This is just in response to Anonymous. I was convicted of a felony ten years ago in Indiana (which is how I am now finding this article because a respectful life is actually more difficult for a convict and I am trying to find ways to make it more bearable) and I am completely eligible for a pardon in which I am submitting my application very shortly. I feel the need to respond to you because we are not one of a kind as you put it. Many convicts have attempted to reform themselves, but our backwards society refuses to let us without extreme hardship (including our families) I was actually given a choice at my hearing for a longer sentence for a misdemeanor, but due to my sheltered upbringing, I was unaware how important that choice was until I see my past rear it's ugly face seemingly everyday. Now tell me this, and this is for anyone out there reading this who holds us back: Why are convicted felons permitted to enlist in the U.S. military and be issued M-16s and various other weapons, yet we can't even vote for our Commander-in-Chief or hold state and local offices? I served 8 years in the U.S. Marines yet I am still looked at as a criminal before I am looked at as a vet. The reason so many convicts recommit crimes is because they feel there is no other way because that's what society forces them to do. I refuse to allow a mistake to ruin my life and I would really like someone to help me support the reformation of convicted felons (violent or not) If you don't want us at work and living next to you, give every felon a life sentence because that's essentially what you are doing anyways.

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9 i tryed to be part of society again and it wouldnt let me. so im going back the other way after tonight. judge me if you want to but i know in my heart i tryed. now im backed into a corner with no way out.

Posted by: thomas at Tue Aug 5 15:13:00 2008 (JVAMf)

10 The first comment I have is for Anonymous,you are not the only convicted felon violent or nor who has led a honest and productive life, there are a tremendous amount out there im sure, and Im one of them, I didn't get no federal "in-patient" rehab.I dont know if this makes you special, but to tell you the truth I would'nt brag, us convicts know how the doctor or the dentist is. Im just confused about your comment you still beleive there is no place for convicted unpardonded felons, especially fraud related convictions?? did you get you education in prison to? "THERE ARE TO MANY TEMPTATIONS EVERYWHERE ON THIS PLANET" come on?? Iam living proof to that I can live a honest and happy life I did'nt go to a psychologist, or a psychatrist, I went to prison and I learned from all the fraud, corruption, the rapes, the deaths, I dont think I need to say more, hell the system will teach you how corrupt our leaders our and thats a fact!! You are NOT among a small minority of felons, there are way oviously more than you open your mind to. then at the end of your comment you have an issue?? did'nt you GET it you lost all those rights, and you think its ridiculous that your wife can have one but you can't, and you are asking how to obtain THE RIGHT to own/possess one?? HELLO YOU ARE A CONVICTED FELON!!! sucks dont it.

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11 JEREMEY I would be more than happy to help you support the reformation of convicted felons anytime.

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