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Photo Credit: FRANK TILLEY/ Advocate Photo EditorJudge Mark Luijten takes a smoke break following the plea bargain hearing where former sheriff Michael L.Ratcliff pleaded guilty to aggravated perjury on July 3.
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Why? The teen elbowed an opponent in the face during a crosstown basketball game.
Luitjen’s thick gray and black beard isn’t the only bristly part about him.
At least that’s how San Antonio supporters and critics characterize Luitjen, the man picked to preside over the Michael Lewis Ratcliff trial.
San Antonio Judge David Peeples appointed Luitjen to the case after local district judges recused themselves.
Luitjen has other sides, though. He joked from the bench in Victoria. He’s spiritual, loves to fish and hunt. He plays guitar in a bar band, The Court Jesters.
Luitjen’s a millionaire – rich from his years in law but wealthy from the money passed down to him.
The Republican served as a San Antonio district judge from 1998-2006, losing a re-election bid that last year to a Democrat.
“He knows his law, but he doesn’t listen to anybody,” said Richard Langlois, the Bexar County Republican Party chairman. “Is he a good judge? He didn’t get re-elected.”
Langlois said the consensus is that Luitjen lost because he too often treated people poorly.
Newspapers criticized Luitjen before the 2006 election for chastising a lawyer in a hallway for supporting his opponent.
Luitjen might next face criticism if, on Aug. 15, he accepts the plea deal offered to Ratcliff.
Ratcliff, a former local sheriff, was indicted in October on five counts, including aggravated sexual assault of a teenage boy.
On July 3, Ratcliff accepted an aggravated perjury plea, a charge not included in the multi-count indictments.
Terry McDonald proposed the plea to Ratcliff. McDonald is the special prosecutor Luitjen appointed after Victoria County’s district attorney recused himself.
Luitjen and McDonald are 30-year friends.
McDonald taught Luitjen at law school. He then hired Luitjen in private practice. Later, Luitjen worked for McDonald at the Bexar County District Attorney’s Office.
McDonald said the first time he tried a case before Luitjen, his longtime friend said his client better not expect favors.
“He stands his ground,” McDonald said.
And ground, land, is what made Luitjen wealthy.
In business, Luitjen’s grandfather teamed with the father of Lloyd Bentsen, the late Texas senator, McDonald said.
Decades ago, the men sold bits of their land, which became McAllen, McDonald said. The men sold other land, lived frugally and invested wisely.
When Luitjen’s parents died, the judge inherited the wealth.
Luitjen also inherited the reputation of being unkind to defense attorneys.
“As a judge, the criminal defense bar didn’t take kindly to him,” McDonald said, suggesting the association lobbied to oust Luitjen before the 2006 election.
Michael Raign, a former association president, disagreed. “We are not a political organization,” Raign said.
But John “Bud” Ritenour, the vice president of the defense lawyer’s group, said some members lobbied individually against Luitjen.
“He was known to have a temper,” Ritenour said. “It didn’t put him in a good light.”
For all the criticism Luitjen receives, many praise him.
“We had some professional disagreements,” Ritenour said. “He’ll tell you what he thinks. But I also found that he ruled fairly, even when I didn’t like his rulings.”
Law enforcement supports Luitjen.
Agencies that endorsed the former district judge include the San Antonio Police Officers Association, both Bexar County Sheriff’s Officers associations and the Combined Law Enforcement Associations of Texas.
Mike Helle is president of the police officer group.
“He was very, very tough on crime,” Helle said. “As an officer, you’re looking for judges who are tough on crimes.”
Helle bets his paycheck that Luitjen will be tough on Ratcliff, who, per the plea, faces 10 years of deferred adjudication, a form of probation.
But Luitjen doesn’t have to accept the plea.
“He’ll follow the law,” Helle said.
McDonald said he doesn’t know what his friend will do.
“Compared to other judges in Bexar County, he busted more plea bargains than any other judge,” McDonald said.
Gabe Semenza is the Public Service Editor for the Advocate. Contact him at 361-580-6519 or gsemenza@vicad.com.