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Home » 2016-03-01 Republican primary » Texas » Court of Criminal Appeals Justice Place 5 » Steve Smith

Steve Smith
Party Republican
Website
Born
Education J.D., University of Texas at Austin
Occupation Judge, Texas District 361
Religion
Marital

Steve Smith

declared

MCTP Rating of 76 Source

Submitted by john wertz on 2016-01-05 13:41:26

PROS

  • Consistently argues against "living" constitution
  • Recognized expert on Texas Constitution of 1876
  • In 2002, he was running for TX Supreme Court, filed a lawsuit over Texas judicial campaign restrictions
  • Also in 2002 campaign, came out against 1989 Robin Hood redistribution -
  • Supported parental notification in abortion of minors in campaign
  • Prior Upper Court experience (Tx. SC from 2002 to 2005)
  • Willing to go against establishment republicans - was opposed by establishment republican Rick Perry
  • Says Constitution most important in rulings, reflected by him while on TxSC
  • Says Legislative/Executive branches, both federal and state, are failing us on immigration. Lead attorney in IRCOT's state court challenge or providing tuition to illegals.
  • 1992 filed law suit that was responsible for reforming the University of Texas racial discrimination of whites
  • Endorsed by several...  More

Questionnaire

General

Please describe what you believe are the most significant issues in this race and why.

I believe that Presiding Judge Keller needs another conservative on the CCA to support her. See, e.g., the dissent by Keller in a recent case, Faust v, Texas, regarding free speech (attached hereto). There are other examples over the past two years were conservatives were in the minority on CCA decisions.

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

No.

I have consistently argued against the concept of a living constitution. The US Supreme Court’s decision on gay marriage is the most recent mistaken ruling based on that concept.

Please describe the best way for the average voter to determine which candidate for this office is best.

By past personal conduct, past legal experience, and stated judicial philosophy.

How many days off per year should the officeholder of this position take to learn (seminars & workshops) or teach (give educational or motivational talks) or network with other county officials?

On the CCA, very few such days would be warranted. The CCA is extremely busy, handling roughly 9000 filings a year. I have always been recognized as a hard worker, including my time on Texas Supreme Court.

Who is endorsing you and what is their relationship to you?

In my last race, I was endorsed by several immigration enforcement groups and by Conservative Republicans of Harris County. I have not sought any endorsements in this race.  My object to this point has been to find out whether my opponents are competent conservatives. If so, I would be happy to support them. I have found nothing on Walker or Webster, except that Webster has not been licensed 10 years. As previously stated, Harle is an experienced trial court judge from San Antonio.

However, as reflected by various San Antonio newspaper articles, the Democrats like him. See, e.g.,

"Reed cuttingly described Harle as 'a darling of defense attorneys' and said LaHood and persistent Reed critic Mike Cohen, an ex-prosecutor in Reed's office, are 'part of (Harle's) inner circle.' While she stopped short of saying that there was collusion between the three men to bring her down, the inference wasn't hard to detect."

http://www.expressnews.com/news/news_columnists/gilbert_g arcia/article/Both-parties-could-see-Harle-as-DA-4687657.php

He is well liked by Bexar County democrats:

"Two Democratic judges tell me Harle would make a great DA. For political

Why are you running for this office and what 3 major goals do you want to be measured by if you are elected?

I entered the race to ensure that Republican primary voters had a conservative choice.

I want to be measured by my adherence to Constitutional text, adherence to statutory text, and efficient use of tax dollars.

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

Sid Adler (Harle??)has the most criminal law experience in this race but his conservative credentials are, to say the least, questionable. I am not a criminal law specialist but know more than the average Texas lawyer about our criminal justice system. I have reviewed the last two years of CCA rulings and have a good feel for the conservative Republicans, the moderate Republicans, and the sole Democrat on the court.

I am a recognized expert on the Texas Constitution of 1876, have significant legislative experience that the other candidates lack, and am the only candidate in the race with prior high court experience. The opinions that I personally authored on the Texas Supreme Court in 2002-2005 have been cited almost a 1000 times, including citation by other state supreme courts.

Other civil liberty

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?

The state or federal government should be extremely limited in obtaining such court orders.

Do parents have the right to block grandparent "rights" or doctor intervention? Why/not?

The state or federal government should be extremely limited in obtaining such court orders. If given the specific facts of a past case, I could be more specific.

Immigration

What can you do in your court to protect citizens from harm by illegal aliens?

The Texas Court of Criminal Appeals can only enforce the law as written. The legislative and executive branches (both federal and state) are failing us on illegal immigration. I have direct and abundant knowledge of this based on my experience as lead attorney in IRCOT’s 6-year state court challenge to in-state tuition for illegal immigrants.

Do the taxpayers have a responsibility to provide an interpreter for non-English speaking illegals?  As well, do taxpayers have-to-have one available during courtroom hours just in case someone might need their services?

Interpreters are mandated by both federal and state law. This is one of the many costs associated with mass illegal immigration.

Other

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

Judge should interpret the law, not make new law.

My conservative judicial philosophy mirrors that of Justices Scalia and Thomas.

What is the proper role of a lawyer?

In the criminal law context, the role of the defense lawyer is to jealously represent his client. The role of the state prosecutor is, as defined by statute, to seek justice.

Among the nine justices on the U.S. Supreme Court, which one do you respect the most, and why? Which one do you respect the least, and why?

Scalia and Thomas have my utmost respect because of their consistent adherence to textualism. Obama’s appointees are the worst. Both openly pursue a liberal agenda without regard to the text.

What is the single most important action the county needs to do to keep this a great community to live in?

With regard to this race, adhere to Constitutional text.

Should the state license barbers?  Lawyers? Why or why not?

I think the state should continue to license barbers and lawyers. The minimum qualifications for licensure give the public something to go on when employing either. If liberty is a concern, the state can make the license optional and let consumers choose between the licensed and unlicensed.

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

The Constitution. This is reflected in the opinions I personally authored on the Texas Supreme Court.

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

No. My prior campaigns for Texas Supreme Court establish that nothing of the sort exists.

To what extent would you need to recuse yourself from cases because of conflicts of interest?

None.

Can the legislature effectively write law that makes sense for 30 million people? Please explain your thoughts

~Not Answered Yet~