Why are you seeking this bench and what 3 primary goals do you have in mind if you are elected?
We have the greatest Judicial System in the world, which can only survive by the enforcement of our laws and our Constitution.
However, it is at a crossroads, because there are politicians, the media and some judges that are ignoring our laws, watering down our laws and/or blatantly refusing to enforce our laws.
I have been a civil trial attorney for over 31 years, handling cases all over the State of Texas. Unfortunately, in some of the trials and appeals I have handled across the State, I have personally seen Judges refuse to follow and enforce our laws, but instead have legislated from the bench.
This is why I want to be your Chief Justice of the 9th District Court of Appeals.
- I will follow and enforce our laws.
- I will NOT legislate from the bench.
- I will uphold the Constitution and our laws that have made TEXAS GREAT and ensure fair and equal access and justice for all.
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 and Federal governments should not dictate the how, what, when, where and why on parents raising their children. The governments’ power and authority should be limited, not increased. However, there are exceptions to every rule, and we currently have laws in effect that ensure children get an education and to protect children from abuse and neglect to ensure that the best interests of the child are protected.
What carries the greatest influence on your rulings: case law, the Constitutions, or other?
The State and Federal Constitutions are the bedrock of our society and our laws. The Texas Courts of Appeals rarely have constitutional issues brought before them. On the other hand, the bulk of appeals to the Texas Courts of Appeals deal with the application of laws and facts during the Trials in District Courts and County Courts at Law, the vast majority of which are Jury Trials. Therefore, prior case law precedent needs to be followed and enforced to insure fair and equal access and justice for all.
Are the United States and Texas constitutions living documents? Please answer in the context of Progressivism versus Originalism.
The US and Texas Constitutions are living documents, just like the Holy Bible, and are not to be considered and/or applied as just historical references. In fact, the Constitutions are just as applicable today as when they were first created. However, in the context of Progressivism (judicial adventurism - legislating from the bench and/or finding reasons to support governmental actions) vs. originalism (judicial restraint and enforcement of the law), history has shown us over the years that Originalism tends to follow the original intent of our Constitution and the unbelievable wisdom of our Founding Fathers. Originalism also favors deferring to the authority of our three branches of government, instead of our Judges legislating from the bench. On the other hand, Progressivism allows for the expansion of our government and/or allows the re-writing of or ignoring inconvenient constitutional provisions and watering down our laws.
Please list the key differences between you & your opponent(s) in this race & why your experience/position is better.
At this time, it is my understanding that I have two opponents: an intellectual property attorney from The Woodlands with little Trial experience; and a civil attorney in Conroe, whose primary practice is family law, which rarely involves Jury Trials, and who is currently the probate investigator for County Court At Law No. 2. I, on the other hand, have been a Trial attorney for over 31 years where I have handled and/or tried cases all over the State of Texas, which has exposed me to conservative and liberal judges and Courts of Appeals Justices. The Court of Appeals function is reviewing and grading the facts and the application of laws by the attorneys and Judge in the lower court decision. I have the most trial experience in this area, knowledge of the Texas Rules of Civil Procedure and the Texas Rules of Evidence and their application to the specific facts of the case in Trial. As such, I will follow and enforce our laws and will NOT legislate from the bench.
Please describe the best way for the average voter to determine which judicial candidate is best.
In the perfect world, the average voter should base his or her decision on the best judicial candidate by a full review and understanding of the most qualified and experienced candidate. Unfortunately, in a lot of situations this decision is based on a popularity contest. However, to be qualified to sit as a Justice on the Court of Appeals, the candidate should have extensive jury trial and appellate experience, and I am the only Candidate with this experience.
What role should government have in reforming criminals?
While criminals are incarcerated, they should be exposed to programs to educate them on good vs. bad morals, ethics and what is expected of them in society. Likewise, they should be exposed and taught a trade, so that when they get out of prison they will have job training and skills to obtain and perform meaningful employment in hopes that they will not fall back into the life of crime.
Please describe what you believe are the most significant issues in this race, why and what you'll do to address them?
When I started practicing law in 1988, I immediately started handling appeals in the 9th District Court of Appeals. At that time, this Court was one of the most liberal Court of Appeals in the State of Texas; however, over the last couple of decades this Court has been recognized as one of the most conservative Court of Appeals in the State. I want this Court to continue and be recognized for its conservatism, where:
- I will follow and enforce our laws.
- I will NOT legislate from the bench.
- I will uphold the Constitution and our laws that have made TEXAS GREAT and ensure fair and equal access and justice for all.
Please describe the qualifications and experience that make you the best candidate for the office you are seeking.
- Over 31 years of extensive Trial experience in all Texas Courts and appellate experience in Courts of Appeals across the State of Texas and in the Texas Supreme Court.
- Up to twenty +/- trials per year, which is an extremely busy trial schedule that is only surpassed by criminal trial prosecutors.
- Involved in civil litigation that at times also involves family law issues .
- Involved in civil litigation that at times also involved criminal law issues.
- Across the board civil litigation, representing plaintiffs and defendants in areas of: personal injury, wrongful death, medical malpractice, products liability, construction, real estate, business, consumer, contracts, fraud, deceptive trade practices, oil and gas, etc.
- Past administrative duties and experience in the daily operations of Ruben Hope & Associates, P.C. and Haas & Golemon, LLP.
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.”
At the end of 2020, Chief Justice Steve McKeithan will have served for three terms (18 years) and he has made the Court as efficient as possible, which has also been confirmed by Justice Charles Kreger. Annual budgetary matters are coordinated with the Chief Justices’ Council and a representative presents budgetary requests to the Texas Legislature and Texas Supreme Court. After I am elected Chief Justice, I will take over the administrative duties of the Court and will determine if the efficiency of the Court can be improved. The Court of Appeals is substantially different than trial courts, such as District Courts or County Courts of Law. Oral arguments by appellate attorneys are heard approximately once a month. The vast majority of the four justices time is spent reviewing the Appellant’s Brief, the Appellee’s Brief, the Trial Court’s Record (trial documents and exhibits admitted at trial), the Court Reporter’s Record (the trial transcript of the arguments, Court’s Rulings and the witness testimony at trial), researching case law and/or statutes, hearing oral arguments and writing the Court of Appeal’s opinion. Other than major holidays, the four Justices work all year. I typically work 55+ hours per week with scheduled vacations and/or days off, and I expect I will continue doing so as the Chief Justice.
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?
Even though he is relatively new on the US Supreme Court, I respect Brett Kavanaugh the most. He had one of the the most conservative voting records as a judge before he was appointed by President Trump to the Supreme Court. While a Judge, the Supreme Court adopted his position thirteen times and reversed his position only once. He is currently one of the most conservative Judges on the Supreme Court. He is also strong on presidential powers and immunities, which is a major plus in today’s political climate.
The Justice that I respect the least is Ruth Bader Ginsburg, who was appointed by President Clinton. She was a major leader in the American Civil Liberties Union (ACLU) and its liberal views and agenda. She is considered the most liberal Justice on the Supreme Court. She has advocated the use of foreign laws and norms to shape US laws. She has also been publicly critical of Donald Trump. Even with her health concerns, she does not intend to retire in order to prevent President Trump from being able to appoint another conservative Justice to the Court.
A Supreme Court’s Justice’s judicial philosophy should be one of judicial self-restraint. Rulings should be made based upon well established tried and true case law precedent. A Justice should exercise constitutional avoidance, where he or she refuses to rule on a constitutional issue if the case can be resolved on a non-constitutional basis, and in essence, not legislate from the bench.
Do you think judges should be elected by the people, or appointed by a commission?
There are pro and cons on whether judges should be elected by the people vs. appointed by a commission. A commission may be better suited to research and determine a potential judge’s qualifications and experience. However, the commission will most likely be appointed by the political party in power (ie. democrats - more liberal vs. republicans - more conservative). Also the commission will probably favor judicial candidates from the larger cities and big law firms, which have the potential of being more liberal. On the other hand, election of judges by the people may be based more on a popularity contest, but the decision will be based upon the will of the people. More conservative views will more likely result in more conservative judges; whereas, the larger cities with liberal views will most likely elect liberal judges, which is what is occurring in Texas’ larger cities today.
What amount of indigent defense is appropriate for the State/Montgomery County? And why?
Most citizens cannot afford to hire and pay an attorney on an hourly basis, especially on long and drawn out cases and trials. Indigent representation is especially necessary in family law and criminal matters. Larger Texas cities and even Montgomery County have programs set up to provide attorneys to represent and/or defend indigent citizens in their legal matters. Indigent legal representation or defense is necessary in our legal system and is usually supported by Judges to assist in the efficient, timely and proper representation of the county’s indigent population.
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?
Transparency and strict judicial scrutiny are extremely necessary for the proper enforcement of civil forfeiture. In Texas, civil forfeiture is handled by law enforcement and the District Attorney’s office. Commissioners Court should set up a commission to review and scrutinize all civil forfeiture actions, which should report to the Judge overseeing any civil forfeiture to ensure justice is done and the innocent have recourse to recover improperly seized property. Likewise, there should be judicial scrutiny to insure the proper expenditure of forfeited funds.
Understanding that all courts in MoCo have general jurisdiction, the board of judges has moved towards specialized courts. What types of cases are currently filed in the court you are running for? What is your experiences to handle this specific case type? Are you planning on asking to change the case allocation or case type assigned to the court you are running for if you win?
Even though the courts in Montgomery County have general jurisdiction established by the Texas legislature, the establishment of specialized courts by the Board of Judges has no effect on the 9th District Court of Appeals. The Texas legislature has established that the Courts of Appeals will handle the appeal of all civil, family and criminal appeals from the District Courts and County Courts of Law, which will not change. Even though the four current justices, as well as myself, as attorneys mostly handled civil maters with little or no family and criminal experience, the four justices, as well as myself, are capable and willing to learn and apply all laws and related evidence in all general jurisdiction matters.
In your view, what is the threshold for determining constitutionality of a legislative act? or a challenge to it?
The constitutionality of a legislative act, whether as a proponent or a challenge, should be reviewed by first determining whether or not the legislative act is ambiguous. This is measured by the best reading of the legislative act, its content as a whole and its legislative history. In addition, an adequate state ground doctrine should be considered. There should be a delicacy and finality of judicial review of a legislative act for constitutionality. In other words, there should be judicial restraint in this determination to ensure the separation of powers. This judicial restraint should be followed, so that the judiciary doesn’t legislate from the bench.
Please list civic, political or union organization or individuals to whom you have contributed (five years):
As far as political organizations, I have contributed to the Montgomery County Republican Party, Tea Parties, Republican Women groups and the Eagle Forum. With regard to civic organizations, I have contributed to my Church, the National Rifle Association, law enforcement and firefighter groups, the Montgomery County Food Bank, the Conroe Rotary Club, the Conroe Noon Lions Club, the Montgomery County Fair Association and the Houston Livestock Show and Rodeo. I have also organized and barbequed for numerous charitable organizations, churches, holiday events, military events and the Courthouse Appreciation BBQ for 30 years.
Please list all conservative groups for which you are or have been a member, and list any positions held in each group.
I have been a member of the Montgomery County Republican Party, various Republican Women groups as an associate member, various Tea Party groups and the Eagle Forum.
Please list who is endorsing you and what their relationship to you is?
At this time, in the infancy of my campaign, I have not actively sought any endorsements. However, I have scheduled meetings and am being vetted by several organizations for their support and endorsement.
You are asking for the Republican nomination, what have you done to give back to the GOP?
I am married to a conservative republican and we have brought up our four sons to be strong conservative supporters of the Republican Party. I have consistently voted! In addition, I have been a member of the Montgomery County Republican Party, various Republican Women groups as an associate member, various Tea Party groups and the Eagle Forum. Also, I have volunteered for various Republican Party events, supported/campaigned for Republican Party candidates and I have previously run twice for District Court benches.
