Legality of Cannabis by U.S. Jurisdiction

Kim Ogg
District Attorney of Harris County
Assumed office
January 1, 2017
Preceded byDevon Anderson
Personal details
Born1959 (age 64–65)
Houston, Texas, U.S.
Political partyDemocratic
EducationUniversity of Texas, Austin (BA)
South Texas College of Law (JD)

Kim Ogg (born 1959) is an American lawyer and prosecutor. She is the Harris County District Attorney in Texas and assumed office on January 1, 2017. Her current term ends on December 31, 2024. She was previously the City of Houston’s first appointed Anti-Gang Task Force Director, and the executive director of Crime Stoppers of Houston. She is a member of the Democratic Party.

Early life[edit]

Born in 1959 in Houston, Ogg attended the University of Texas at Austin and South Texas College of Law Houston, graduating with her BA in journalism in 1981 and her JD in 1986 respectively.[1][2] She is the daughter of Texas legislator and Democrat Jack Ogg, and philanthropist Connie Harner Ogg.[1] She and her longtime partner met while studying at South Texas College of Law, and they have one son who attends The University of Texas School of Law.[3]

Early career[edit]

Ogg began her legal career working for District Attorney Johnny Holmes in 1987.[3] She was appointed as the first director for Houston's Anti-Gang Task Force in 1994 and unsuccessfully ran for district judge as a Republican in the 1996 election.[3][4] Ogg was the executive director of Crime Stoppers of Houston from 1999 to 2006 before leaving to practice law with her father.[5]

Harris County District Attorney[edit]

Kim Ogg ran on a moderate Democratic platform against Republican incumbent Devon Anderson, using her inauguration ceremony to announce that all misdemeanor marijuana cases would be diverted from arrest or prosecution.[6][7]

During her tenure, dismissal rates have increased greatly with approximately half of felony cases ending in dismissal and over 70% of misdemeanor cases. Her staff suggest this may be a sign of successful pretrial diversion programs. Other criminal attorneys and advocates argue this may be due to aggressive prosecution and poor selection of cases, worsening the case backlog in the Harris County courts.[8]

Ogg committed to continuing the office's shift away from the death penalty, stating that her office will only seek it in rare cases. Past administrations caused the office to be described as the "symbolic home of American capital punishment." As of the start of Ogg's tenure in 2017, August 2014 was the last time anyone was sent to death row by county prosecutors.[9]

Cannabis reform[edit]

In early 2017, Ogg announced a new policy: no one caught with under four ounces of cannabis, a misdemeanor amount, is subjected to arrest and the possibility of a criminal record.[10] In 2022, she spoke in support of arrests for cannabis possession in cases where it coincides with gun possession, because it is illegal in Texas to carry a gun while in possession of cannabis. This has resulted in "dozens of cases being dismissed every month" because Ogg's prosecutors are unable to prove that people being arrested are carrying cannabis, which is illegal in Texas, rather than hemp, which is legal.[11]

Independent review of police shootings[edit]

Kim Ogg has required that every instance in which a police officer shoots a civilian that the shooting be independently reviewed by prosecutors and that each case be presented to a grand jury to determine whether criminal charges are warranted. Civil Rights Division prosecutors handle the cases and go to the scene of each and every shooting. She has said that this is done to ensure that the community determines whether an indictment is warranted, and thus the officer is prosecuted, or the shooting be declared legal and thus, the officer cleared. [12]

Harding street raid[edit]

Several Houston Police officers were charged with crimes, including one for murder, after two innocent Houston residents, Dennis Tuttle and his wife Rhogena Nicholas, were shot to death by police in their home. Some defense lawyers have criticized the way Ogg's office handled the Harding Street Raid fallout. Prosecutors asked a judge to make a determination on what material to release to defense lawyers.[13][14] While many drug arrest cases, based on the work of those police officers, have been dismissed, Ogg's office has chosen to keep nearly all of the property seized from those defendants.[15]

After the raid, advocacy organizations called for Ogg to publish a "no call" list that her office maintains of police officers seen as unreliable potential witnesses due to behavior such as "lying, falsifying evidence, or making racist or violent statements."[16] Her office has refused to release both the list and the number of police officers on the list.[17]

Campaign contributions controversy[edit]

Houston Watch reported that she accepted over $25,000 of campaign contributions from Ali Davari, who owns strip clubs.[18] In July 2019, Ogg's office dismissed the criminal charges against an alleged local gambling ring and referred the case by former contract employee Amir Mireskandari to the FBI to ensure the matter was reviewed and there was no appearance of a potential conflict of interest. Federal authorities did not ultimately found no wrongdoing and did not pursue any criminal charges. Mireskandari and his wife contributed $14,475 in monetary and in-kind donations to Ogg's campaign between 2016 and 2017. He was also a member of Ogg's campaign finance committee.[19]

Opposition to misdemeanor cash bail reform settlement[edit]

Harris County in 2019 enacted reforms that were intended to end the use of cash bail for misdemeanor defendants after a federal judge found the county's bail system to be unconstitutional and a violation of the Fourteenth Amendment.[20] After the county settled the lawsuit, Ogg stood out as a vocal opponent of the misdemeanor bail reforms adopted. She claimed that the reforms provided insufficient clarity on the modified role of prosecutors and that they overemphasized the needs of defendants.[21] She gathered local law enforcement and stood alongside Republican county commissioners in opposition to the plan to create a constitutional bail system that was supported by Democratic commissioners.[22]

After an accidental release of confidential private health data for people detained in the Harris County jail by a new department created to oversee bail reform, Ogg launched a criminal investigation. No one was charged, but people within the department claimed that the investigation hindered efforts to carry out reforms and reduce the jail population.[23]

In 2022, her office released a report claiming that an increase in people charged with violent crimes who are being released from jail due to low bond amounts and then going on to commit more crimes. The Houston Chronicle Editorial board criticized the report, stating in their headline that she was "scapegoating misdemeanor bail reform" for a crime spike when the evidence did not support it.[24] A monitor nominated by agreeing parties in the lawsuit appointed by the court found that misdemeanor bail reform has been successful in reducing misdemeanor arrests and reducing wasteful county spending.[25]

Conflicts with local democratic elected officials[edit]

Kim Ogg has investigated county elected officials and staffers several times after having public disagreements over issues such as bail reform, violence interruption program implementation, and her office's budget. Almost $1 million in taxpayer dollars were spent on legal fees for investigations that never resulted in criminal charges.[23] In August of 2020, Harris County Commissioner Rodney Ellis was investigated by her public corruption unit for the unauthorized storage of art, and was later cleared by a grand jury.[26][27] Ellis was a strong advocate for misdemeanor bail reform and critical of Ogg's late opposition to the settlement.[23][22]

In December of 2023, Kim Ogg was admonished by the local Democratic Party,[28] which alleged she "abused the power of her office to pursue personal vendettas against her political opponents, sided with Republicans to advance their extremist agenda, and stood in the way of fixing the broken criminal justice system."[29]

References[edit]

  1. ^ a b Downen, Robert (March 5, 2018). "Jack Ogg, longtime Texas lawmaker and father to Harris County DA, dies". Chron. Retrieved January 13, 2022.
  2. ^ "Harris County DA and Alumna Kim Ogg '86 Imparts Wisdom to STCL Houston Graduates at 2018 Commencement". South Texas College of Law Houston. Retrieved January 13, 2022.
  3. ^ a b c "COVER STORY: Harris County DA Kim Ogg Is America's Top Gay Cop". OutSmart Magazine. June 30, 2017. Retrieved January 13, 2022.
  4. ^ "Kim Ogg - Harris County District Attorney | Harris County District Attorney's Office". app.dao.hctx.net. Retrieved January 13, 2022.
  5. ^ Rogers, Brian (October 1, 2013). "Former Crime Stoppers head announces run for DA". Houston Chronicle. Retrieved January 14, 2022.
  6. ^ "District Attorney Kim Ogg: No jail for marijuana misdemeanors". CW39 Houston. January 2, 2017. Retrieved January 13, 2022.
  7. ^ Hager, Eli (January 26, 2017). "Against the Trump Tide". The Marshall Project. Retrieved January 13, 2022.
  8. ^ Barned-Smith, St John (March 16, 2022). "After a string of high-profile losses, Harris County DA Kim Ogg is left to battle critics on all sides". Houston Chronicle. Retrieved December 6, 2022.
  9. ^ Tolson, Mike (December 20, 2017). "A new era of the death penalty in Houston". Houston Chronicle. Retrieved April 5, 2022.
  10. ^ Mansoor, Sanya (February 17, 2017). "New Harris County policy reignites marijuana decriminalization debate". The Texas Tribune. Retrieved April 25, 2022.
  11. ^ "13 Investigates: Hundreds of gun cases tossed in dope testing battle". ABC13 Houston. October 13, 2022. Retrieved December 6, 2022.
  12. ^ Ogg, Kim (June 4, 2020). "DA: Harris County investigates all shootings by police". San Antonio Express-News. Retrieved April 5, 2022.
  13. ^ Barned-Smith, St John (August 21, 2020). "Judge orders DA to turn over documents to attorneys for former narcotics officers". Houston Chronicle. Retrieved January 15, 2022.
  14. ^ Barned-Smith, St John (September 15, 2021). "Texas judges again order DA to stop withholding Harding St. raid evidence". Houston Chronicle. Retrieved January 12, 2022.
  15. ^ Sullum, Jacob (November 4, 2022). "Houston Prosecutors Are Keeping Cash Seized From Defendants Whose Cases Were Compromised by Police Corruption". Reason. Retrieved November 10, 2022.
  16. ^ Weill-Greenberg, Elizabeth. "When Cops Lie, Should Prosecutors Rely Upon Their Testimony At Trial?". The Appeal. Retrieved December 6, 2022.
  17. ^ Blakinger, Keri (July 19, 2019). "Advocates call on Harris County DA to release name of untrustworthy cops". Houston Chronicle. Retrieved December 6, 2022.
  18. ^ "Harris County Voters: Kim Ogg Should Return Donations From Scandal-Plagued Strip Club Owner". Houston Watch. December 8, 2021. Retrieved January 12, 2022.
  19. ^ Despart, Zach (July 17, 2019). "Ogg dismisses poker room cases, citing conflict with consultant and fundraiser". Houston Chronicle. Retrieved January 13, 2022.
  20. ^ Hardy, Michael (February 9, 2022). "Kim Ogg Blames Rising Crime on Houston Judges. 14 of Her Prosecutors Are Vying to Unseat Them". Texas Monthly. Retrieved December 1, 2022.
  21. ^ Banks, Gabrielle (August 23, 2019). "DA Kim Ogg files last minute objections to historic bail deal for Harris County". Houston Chronicle. Retrieved November 30, 2023.
  22. ^ a b Banks, Gabrielle (October 12, 2019). "District Attorney Kim Ogg summons police chiefs to oppose historic bail settlement". Houston Chronicle. Retrieved November 30, 2023.
  23. ^ a b c Satija, Neena; Rice, Jen (September 19, 2023). "'Don't cross her': How DA Kim Ogg has repeatedly aimed her power at Harris County officials". Houston Chronicle. Retrieved November 30, 2023.
  24. ^ Board, The Editorial (October 3, 2021). "Editorial: Harris County's misdemeanor bail reform should not become a casualty of a national spike in crime". Houston Chronicle. Retrieved November 8, 2023.
  25. ^ "How rhetoric about bail reform is shaping the upcoming election in Harris County". Houston Public Media. October 4, 2022.
  26. ^ Rice, Jen; Satija, Neena (September 20, 2023). "Timeline: Key moments from DA Kim Ogg's ongoing feud with Harris County leaders". The Houston Chronicle. Retrieved November 30, 2023.
  27. ^ Despart, Zach (October 28, 2021). "Grand jury clears Rodney Ellis in unusual African art case". Houston Chronicle. Retrieved November 30, 2023.
  28. ^ Schneider, Andrew (December 20, 2023). "After admonition vote, District Attorney Kim Ogg faces a challenging path in her bid for a third term". Houston Public Media. Retrieved January 19, 2024.
  29. ^ Ferguson, John Wayne. "Harris County Democrats vote overwhelmingly to admonish DA Kim Ogg". Houston Chronicle. Retrieved January 19, 2024.
source: https://en.wikipedia.org/wiki/Kim_Ogg