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Home » 2018-03-06 Republican primary » Justice Precinct 3 » Justice of the Peace » Dan Zientek

Dan Zientek
Party Republican
Website www.danzientek.com
Born
Education College
Occupation Captain Montgomery County Constable - Pct. 3
Religion Christian - Woodlands Church
Marital Married
Children 3

Dan Zientek

declared

I started in public service after graduating Magnolia High School.  I attended Sam Houston State Univesity where I began to take EMS classes and became a paramedic and then when old enough I became a police officer after attending the University of Houston Police Academy.  I worked both working 48 hours a week on a 911 ambulance and 40 hours a week police.  I did this for 12 years before focusing on my law enforcement career.  My first law enforcement career was in Montgomery County at David Hill Constable Pct 5 as a reserve.  I found my first paid position at Harris County Pct 4 Constable. I was there 14 years reaching the rank of sergeant before getting a position with Montgomery County Sheriffs Office. At the Sheriff's office, I worked as a detective and was picked to be one of the Detectives on the newly created Major Crimes team handling Homicide, robbery and violent crimes.  I promoted to Sergeant and then Lieutenant over Major Crimes, Crimes against Children, Persons Crimes and Sex Offender Compliance unit.  I did that for ten years before advancing to administrative Captain at Constable Pct 3 Ryan Gables office. At the constable's office, I oversee the day to day operation of the department to include the patrol division, the investigation division, computer crimes division, civil process, property, and evidence.  I also am assigned to the Spillman report team to develop reports and training for the use of by law enforcement in the county.   I teach as an adjunct instructor at Texas A&M forensic Science Academy teaching death investigation, criminal investigations, and crime scene procedures.  I have trained detectives, and CSI’s all over the state and have taught at state and national conferences in best practices for criminal investigations and processing crime scenes.  
I am currently part of the Montgomery County Child fatality review board, reviewing all child fatalities in the county.  I am part of the team that develops best practices and procedures for crimes against children investigations in the county.  I am part of the Montgomery County coalition against human trafficking and meet to form team procedures and practices to address problems in Montgomery County. 

My wife is a teacher at Conroe ISD and working on her master's degree.  I have two daughters and one son.  Both my daughters are jr high age, and my son is 30.  We attend Woodlands Church, and we serve in the student ministry and have for many years.  Just this year our daughters have reached the age that they have started to serve also.  

 

MCTP PAC Rating of: 82 Source

Submitted by john wertz on 2018-01-27 12:12:07

 

Pros

  • Claims to be a Christian Constitutional conservative - says he's a constitutional originalist (but would have no problem marrying same-sex couple, which is a lawless SCOTUS ruling {against TX state law (see below in cons) and not enumerated in the constitution}.
  • Exposure to all facets of a JP because of his current position in Constables office - Lengthy & broad experience in law enforcement.  Hand-in-glove candidate.  Ready to work on day one
  • Even tempered - highly enjoys interacting with people, though persona does not seem very approachable.
  • Likely to be endorsed by current JP Edie Connelly, if she does  
  • Experienced as an EMT, Sheriff  and Constable ;
  • Technology oriented. Plans to bring more technology to the court.  Has specific ideas for improvements to JP3 website to improve efficiency.
  • Seems like a dedicated, hard worker w/a good servants heart - Law must take...  More

Video Interview Source

Submitted by john wertz on 2018-01-16 05:09:19

 

Questionnaire

General

What are the three main reasons you are running for this office? Do you see any potential conflicts of interest?

I have been a public servant for 29 years, 26 years in law enforcement.  I have been over the traffic and DWI enforcement division, patrol investigations dealing with adult and juvenile cases.  As a Detective in major crimes, I worked many violent crimes, homicides, and crimes against children.  I have responded to many death scenes and have attended forensic classes all over the nation becoming an expert in forensic disciplines.  I now teach for Texas A&M forensic science academy, teaching crime scene investigators and detectives throughout the state of Texas and around the nation in best practices in crime scene and criminal investigations.  I moved to Constable office as a Captain, which is my current position.  I am over the day to day operation of the department to include civil process, patrol, property room and evidence, criminal investigations and computer crimes.  How this translates to why I am the best person for the job.  The Justice of the Peace is responsible for Class C criminal offenses such as traffic, family violence, theft, disorderly conduct, fishing and gaming enforcement.  They are responsible for juvenile court and enforcement of truancy and education code to keep kids in school and get them back on track.  I have dealt with all of these offenses through the years in law enforcement and have worked with children in the student ministry at church.  Due to our county not having a medical examiner the Justice of the Peace is responsible for the cause and manner of death in the county and needs experience in death investigation to work with forensic pathologist and detectives. I did this for ten years and currently serve on the Child fatality review board and the human trafficking coalition of Montgomery County.  I also am on the advisement board for Child advocacy center known as Safe Harbor, working with children of violent crimes.  The justice court handles landlord-tenant disputes and evictions along with other civil processes.  These court processes are managed at the Constable's office and a division that I am currently over.  Another function is small claims suits up to $10,000.  These are disputes between two citizens that need a mediator to make a common sense decision to solve the conflict.  This mediation is what police officers do every day.  I am tech savvy and have been part of a technology implementation team in the county and currently work on projects that enhance the technology and efficiency in the courts with e-tickets and with law enforcement to produce analytical statistics that in the past were very time-consuming.  This has made more data available to the public for transparency and to justify costs or budgetary items when needed.

Do you think judges should be elected by the people, or appointed by a commission?

Elected by the people

What differentiates you from your opponents?

Years of experience as a public servant and my diversity in areas of juvenile and adult law, civil and death investigations due to my experience and training.

Please describe the changes you will make to improve the efficiency of your court, yet remain thoughful about rulings/orders - that allows all parties to be heard and their arguments considered. Please specifically address how many days a year your court will be “in session.”

I will use my knowledge of technology to advance the court and improve efficiency.  Finding solutions that do not just push cases through without being able to provide the proper judicial service to our citizens.  My court would be open all county workdays and closed on county holidays.  How often would I be working to clear the docket and having court?  I have always and currently work over 40 hours a week, normally I work close to 60 hours a week.  I have shown that in my work ethic even as I started in public service working 48 hours a week on the ambulance and 40 hours a week as a police officer and did that for 12 years.  

Are the United States and Texas constitutions living documents? Please answer in the context of Progressivism versus Originalism.

I believe in Originalism as the founding fathers had created a foundation for this country that we have used as a standard and check and balance against all laws that are created to protect our citizens.  The constitution is not a living document that can be changed on a whim.  It is the basis for all of our citizen's rights and freedoms.

Please describe what you believe are the most significant issues in this race, why and what you'll do to address them?

This is the busiest court int he county and will have to have a person as a Justice of the Peace that is capable of doing the job day one.  I have the experience in all areas to start on day one and keep things moving in this court.  As this county is growing the Justice of the Peace will have to be part of the process in handling death investigations and giving insight into the growth towards a medical examiners office.  As transparency and justification of budgets are a concern of citizens, I will use technology to give statistical data to make people aware of what court does and what services are available to the public and how their money is being used.

What Texas State court decision do you think has most impacted society? How and Why?

US V Texas dealing with Obama Dream Act, The supreme court ruling in favor of the state of Texas allowed Texas the ability to continue to deport illegal aliens and secure our borders.  If the Act would have continued it would have tied Texas hands on further deportation of anyone. 

As a judge, what do you believe the goals of the criminal justice system should be?

To provide justice to our victims of crimes.  To make sure that people that treated fairly and with respect to the matters they bring before the court.  It is to give the defendant a fair trial.  In juvenile cases and in first-time offenders to provide solutions that will result in changed behavior.  

5th Amendment- due process

CSPOA says "Civil forfeiture laws pose one of the greatest threats to property rights in the nation today. They encourage law enforcement to favor the pursuit of property over the pursuit of justice, and they typically give the innocent little recourse for recovering seized property. And without meaningful transparency, law enforcement faces little public accountability for its forfeiture activity or expenditures from forfeiture funds." How should these Civil Forfieture issues be addressed?

I believe that the forfeitures take criminal assets out of criminal enterprises and gives it law enforcement to use saving taxpayers dollars.  I believe that there could be reform to allow for criminal case resolution prior to awarding the assets, as we currently do in our department.

Ethics

Is there anything in your background of an embarrassing nature that should be explained before your election? Arrests/Convictions? Bankruptcys?

No, I have no arrests and I keep my personal finances in order to maintain a high credit rating.

How will you improve the transparency and access to financial and other records for the public?

I plan to use technology to document the number of cases that are being handled and improve them with technology.  I plan to communicate on a regular basis and release statistical information to the citizens of the court's activity to justify any needs that we may have at budget hearings and show how we use the money in our budget. 

Please list Civic, Political or union organization or individuals to whom you have contributed (five years).

Montgomery County Law enforcement association

What standards of behavior would you impose on yourself—inside and outside the courtroom?

Due to being a public servant my whole adult life, I have accepted I am held to a higher level of integrity and respectable behavior than the general public.  Public leaders should lead by example, Christians should lead by example of how to behave and conduct themselves.  I am not only an example to the public but to my family and my children.  

Other

Among the nine justices on the U.S. Supreme Court(SCOTUS), which one do you respect the most, and why? Which one do you respect the least, and why? What judicial philosophy should a SCOTUS Justice have?

I have great respect for Justice Gorsuch's stands on religious freedom in ruling with Hobby Lobby about Affordable care act requiring the private business to cover contraceptives.  Also his ruling in reference that the display of the ten commandments in a park did not obligate the park to display other religious symbols.  

Least respected would be Justice Ginsburg for her decisions related to abortion law.

What is the job of a judge?   What is your judicial philosophy?

to be fair and impartial, to provide due process and a fair trial to all parties.  Judicial philosophy is originalism as to determine the original meaning of the law as the writers of the law intended.  

To what extent do you believe the state or federal government should be able to obtain court orders directing parents to do things for their children that the parent does not believe should be done?

I do not believe the government should interfere with parents rights.  The only time that I agree with the government being involved is what I have seen as a police officer to remove a child from an abusive and harmful situation to protect the child.

What carries the greatest influence on your ruling: case law, the Constitution, or other?

The constitution is the highest law of the land to be followed by case law decisions that are based on the constitution and to be followed by state statute.