Why are you seeking this bench and what 3 primary goals do you have in mind if you are elected?
I have the experience, legal acumen, and leadership abilities for the job. My primary goals will be: 1. to faithfully follow the constitution and not legislate from the bench. 2. to improve the internal efficiency of the Court and be a faithful steward of the taxpayer's money. and 3. as Chief Justice, work with the other appellate courts to improve the efficiency of the statewide appellate system.
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?
Short of a serious danger to the physical health of a child, the government has absolutely no role to play in how a parent chooses to raise a child.
What carries the greatest influence on your rulings: case law, the Constitutions, or other?
The State and US Constitution should always be the guiding principle in any court ruling. So often, judges seem to get bogged down in the minutiae of a particular rule or statute. We often forget the source material. As an appellate judge, I will be duty bound to follow the appropriate precedent as it interprets a particular statute or rule. However, the first question should always be, does it pass constitutional muster.
Are the United States and Texas constitutions living documents? Please answer in the context of Progressivism versus Originalism.
The Constitution is not a living document. I am an Originalist. I believe that when interpreting the Constitution we look first to the meaning of the words used at the time of enactment of the Constitution and its amendments. This Originalist view can be seen as a textualist, tempered by history and tradition. Progressives, irreverent of history, seek to mold the Constitution to their current policy goals.
Please list the key differences between you & your opponent(s) in this race & why your experience/position is better.
1. In 26 years of practice, I've handled numerous cases in a variety of areas including civil litigation, family, probate, and criminal. The 9th Court of Appeals is responsible for hearing appeals in every area of law. I don't believe any of my opponents can match the breadth of my experience.
2. I have substantial experience in appellate law. I have practiced before 8 of the 14 courts of appeals in the State of Texas. I have also practiced before the Texas Court of Criminal Appeals. Most of my opponents have little or no experience in appellate law.
3. I have more jury trial experience than all of my opponents. The overwhelming majority of appeals are based on jury verdicts. When hearing appeals, it is invaluable to understand the basic nature and nuances of a jury trial.
4. I have more experience than my opponents in leadership/management. The Chief Justice is not only tasked with deciding cases, he must also handle administrative tasks for the Court. I have served as managing partner of a 5 person law firm. I have also served in leadership roles as President of the Montgomery County Defense Bar, President of the Montgomery County Drug Court Assistance Corp., and as legal counsel for the Montgomery County Mental Health Court Program.
Please describe the best way for the average voter to determine which judicial candidate is best.
It's a difficult task for the average voter to be informed on the myriad of judicial races. I don't believe its terribly helpful to rely on websites or mailers from the candidates. One of the best ways is to rely on the various organizations who vet the candidates. Another effective method is simply to ask someone. Everyone knows someone who has actual knowledge of the race. Whether that be a lawyer, clerk, judge, police officer, or someone in the legal industry, most voters know someone whose opinion they value and trust.
What role should government have in reforming criminals?
In my vast experience in the criminal justice system, I have found the best way to look at punishment/rehabilitation is to think of it as a triage. There are basically three types of people that come through the system.
1. There are the irredeemable. No matter how much effort the government puts in, this person is utterly incapable of conforming his conduct to societal norms. The only thing to do with them is to remove them from society for an appropriate period of time to punish them for their offense.
2. There are the low level offenders. These people can be easily rehabilitated with minimal use of government resources.
3. Finally, there are those that need a lot of work. Early in my career, these people were lumped in with category one above. Over the years, we have come to have a greater understanding of things such as addiction and mental illness. The criminal justice system has begun to realize that we can substantially cut recidivism by fixing the underlying reason for the criminal conduct. Formerly, these people were a great financial burden on society. Now, with specialized programs such as Drug Court, Veteran's Court, and Mental Health Court, these offenders are being steered away from incarceration. This benefits the individual and society as a whole. Also, the savings to taxpayers is enourmous.
Please describe what you believe are the most significant issues in this race, why and what you'll do to address them?
The 9th Court of Appeals has been running fairly smoothly for 18 years under the leadership of Chief Justice McKeithen. With his retirement, the court is going to have to adjust to new leadership. Those are some big shoes to fill.
The new chief justice will need to have strong management and leadership skills as well as the legal knowledge. I believe I'm the best candidate for that job.
Please describe the qualifications and experience that make you the best candidate for the office you are seeking.
I have 26 years of active legal experience. As mentioned earlier, I have practiced in pretty much every area of the law. The primary focus of my practice has always been criminal law. I've tried cases ranging everywhere from traffic tickets to capital murder. I don't believe any of my opponents can match the depth or breadth of my experience.
I have substantial appellate experience. This should be an absolute necessity for someone seeking this position. Most lawyers, including my opponents, rarely deal with this process.
Finally, I have served in various leadership roles in the legal profession. I have never sought these positions, but have been asked to take on the role by various judges and colleagues. I believe this speaks volumes about my qualifications for the job.
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.”
For over a quarter of a century, I have been obsessed with courtroom efficiency. It drives me crazy to deal with bureaucratic laziness and indifference. In my business, if I don't work, I don't eat.
I am sure there are internal procedures in the court that can be improved in order to be a good steward of the tax payers money. I would also work to improve the speed at which opinions are handed down.
If I'm Chief Justice, we are going to work. Nothing upsets me more than a dark courtroom. The voters would not have to worry about my work ethic.
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?
Most Respected: Thomas. Consistently originalist and textualist, Thomas resists the tendency to create social policy from the bench. His principled judicial philosophy is captured in his concurring opinion in Adarand Constructors v. Pena; "Government cannot make us equal; it can only recognize, respect, and protect us as equal before the law. That (affirmative action) programs may have been motivated, in part, by good intentions cannot provide refuge from the principle that under our Constitution, the government may not make distinctions on the basis of race."
Least Respected: Breyer. A classic activist, Breyer looks beyond the original meaning of the Constitution and statutes, and delves into Congressional intent and the policy consequences of decisions. In doing so, he seeks to ordain the policy hopes and dreams of the 535 members of Congress and the signers of the Constitution. For instance, in NLRB v. Canning, Breyer read into the Recess Appointments Clause an allowance for inter-session recesses, but invented a necessity that the inter-session recess be substantial. "If a Senate recess is so short that it does not require the consent of the House, it is too short to trigger the Recess Appointments Clause...And a recess lasting less than 10 days is prsumptively too short." Scalia, correctly noted that the majority's 10-day rule lacked any basis in the text of the Constitution.
Do you think judges should be elected by the people, or appointed by a commission?
Elected. However, as mentioned earlier, I worry about the uninformed voter. I have seen some unbelievably bad choices made over the years. I would be in favor of establishing some higher standards in order to stand for judicial election.
What amount of indigent defense is appropriate for the State/Montgomery County? And why?
Legal counsel for the indigent is mandated by the 6th Amendment pursuant to the Gideon v. Wainwright decision. It's a necessary and constitutionally requirement.
Montgomery County has made great strides in the past few years to improve the quality and cost of indigent representation. However, there is always room for improvement.
My main objection would be to the vetting process for what is considered "indigent". Almost every day, I see a criminal defendant who has paid several thousand dollars for bail, yet is represented by court appointed counsel. If a defendant has been able to make bond, they should be dead broke and not have any way to obtain funds before we appoint them counsel.
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?
The good news is the Supreme Court has recently given us some relief with its decision in Timbs v. Indiana. The 8th Amendment's excessive fines clause is now applicable to asset forfeiture. It will probably be some time before the impact of this decision sweeps its way across the various states, however, its a good start. There is a national trend against asset forfeiture abuse, and thats a good thing.
I have personal experience with these types of cases. It is so easy for the government to abuse the unequal power dynamic in court. Everyone has heard of the infamous "Margarita Machine Case" in Montgomery County. It is a simple truth that it doesn't work to create a profit motive in the criminal justice system (this applies to the private prison industry as well).
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?
The 9th Court of Appeals handles all criminal and civil appeals for a 10 county area. There is no specialization. However, I believe specialization at the County Court and District Court level increases efficiency.
In your view, what is the threshold for determining constitutionality of a legislative act? or a challenge to it?
It depends on the intent or effect of the legislative act. Constitutional law provides us with three basic standards of review. These are "mere rationality", "intermediate scrutiny", and "strict scrutiny".
Please list civic, political or union organization or individuals to whom you have contributed (five years):
The majority of ourt charitable giving goes to our church. We have also supported various charitable organizations.
I have contributed to many political and judicial candidates over the years. All of those contributions have been to Republican candidates.
Please list all conservative groups for which you are or have been a member, and list any positions held in each group.
I have worked on various Republican campaigns over the years. Until recently, I served as Campaign Treasurer for Judge Patty Maginnis.
In college, I served as Vice President of the College Republicans at Texas Tech.
In law school, I was a member of the Ole Miss Law School Federalist Society..
Please list who is endorsing you and what their relationship to you is?
I do not have a specific list of endorsements at this early stage. However, I expect to have a long list from the local bar, business leaders, and law enforcement.
You are asking for the Republican nomination, what have you done to give back to the GOP?
I have contributed to countless Republican campaigns over the years. I have also spent countless hours working on those campaigns.
I have voted in every Republican primary since 1988.
