What goals do you have in mind, if you are elected, and to which you want to be measured against in the coming term?

I am seeking this bench to provide Montgomery County with a judge who is firm but fair, ajudge who cares about the cases and people who appear in her courtroom, and a judge who will work hard to get those cases resolved fairly, correctly, and quickly.

My goals are simple:

1. Get cases to trial quickly.

   Cases linger for years on the courts' dockets, and that is bad for the people involved in those cases and for the taxpayers. Our Local Rules provide that bench trials should happen in 12 months, jury trials in 18 months - I will meet or exceed those goals.

2. Be available.

   If a law enforcement officer needs a warrant signed, he shouldn't have to go on a manhunt to find a judge. Ifa lawyer needs a Temporary Restraining Order, she shouldn't have to worry that it is Friday, so no judge will be available to sign it. Iwill be available at the courthouse when it is open, Iwill be available by phone when it is not. Doctors have answering services -why not judges?

3. Save money.

We house 600-700 people at the jail just waiting for their cases to go to trial. That costs $50 per person per day -which is between $30,000-$35,000 per day of taxpayer money spent because of judicial delay. Bottom line: $12.8 Million a year spent on waiting. That has to stop. I'll stop it, while my opponent will only make it worse (see my response to item (4)).

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

My resume is attached.

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

The most significant issue is whether we should specialize the 410th as a family court, or leave it as a general jurisdiction court.

The issue is important  because it defines how our courthouse will  operate and how open it will be to  the public to get cases resolved. Right now of the 7 District  Courts, we have 1 family court (the 418th) -  the legislature  designated  it as a general jurisdiction court which would  give preference  to  family cases), 1 civil court (the 284th), 3 criminal courts (the 9th, 221st, and 359th and 2 general jurisdiction courts which hear family, civil, and criminal (the 410th and the 435th (Judge Mike Seiler's Court)..

My opponent, whose  experience is strictly in family law, would make the 410th  a family court, and would  send all other types of cases to other courts where, she says, they can be "easily absorbed" (which is untrue).  But is that best  for Montgomery County?   Given our fiscal jail crisis from criminal case backlog, and the 3-4 year backlog  of civil cases in the 284th and the fact that our county courts are handling family law cases quite well, the answer is NO. Changing the court to fit the candidate is not an option. I am the candidate whose experience fits the court. I can handle all of the cases currently in the court.

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

The founders allowed the constitution to be changed, and deliberately made it a difficult procedure so that it would not become unstable; the Texas Constitution should be approached in the same manner.

Judicial activism disguised as judicial interpretation is a danger to the sanctity of our documents. The constitutions say what they say and the words must be interpreted as written.

Progressives claim that the constitutions must be read in connection with the changing times, but that argument proves too much. If, as progressives say, those who wrote our constitutions could never have imagined the changes of modem day life, then the constitutions do not address those changes, however much some judge might want to butcher or strain the words written.

If we have a major societal change which requires a change to either constitution, then the process of amending the constitution should be done by vote, not by judicial fiat. Texans amend the Texas Constitution when a change needs to be made and has adequate voter approval; the federal government should take the same approach.  It is not a judge's job to rewrite our constitutions.

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

Who will be good stewards of their money (as subsets of this item, voters should consider who  is firm  but  fair, who will  care about the cases, and who knows how to resolve cases quickly and correctly).

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?

Learn: 1-3 days a year Teach:  1-3 days a year

Network: 0 days -network during the lunch hour or after the workday ends

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

I have support from Justice Scott Brister, though he will not endorse candidates. He did, however, provide me with a quote to use in my campaign: "Kristin Bays was one of the best advocates I saw during my six years on the Texas Supreme Court. Her intelligence, demeanor and grace under pressure make her an ideal candidate for judge." I appeared before him while he was on the Supreme Court and he remembers me well.

I have a number of other supporters -my core team currently consists of 12 people, including Sandra Walker and Diana Geboyls.  That is a good start -please remember  I just joined  this race 2 weeks and 2 days ago -but I expect more endorsements and supporters over time.

What are the top 3 areas where the budget for this office needs to be adjusted?

This court runs a small staff (unlike the 418th which runs two staffs -one set of people for the elected judge, and one set of people for his hired associate), so just leaving it alone instead of making it a family court and adding a whole staff would save money. Not to mention the money saved in the County's overall budget by getting people to trial and out of our jail quicker.

As for the current budget, I would need to examine it more closely to be able to answer this question more effectively. But I will tell you that I have been the managing partner for my own law firm, and understand budgeting and personnel issues.

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

They are already available online via the county's annual budget, but those are hard to find and, once found, it's hard to find the budget for some particular thing. On the court's website I would include a link to the budget for the court itself.

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?

Let's define this issue: If a parent is sexually or physically abusing a child, then that must be addressed immediately - and it will be through the criminal justice system and criminal laws. But if the state is doing nothing more than usurping the parents' authority to make choices for their child -if there is no criminal activity involved - then the state and federal government have no role. It is the judge's responsibility to be able to tell the difference.

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

Yes. They are the parents, and being a parent with the right to raise your child as you see fit is a Texas constitutional right.

Where do you perceive the greatest corruption exists in Montgomery county courts?

First, there is a failure to respect the fairness, independence, and impartiality of our courts. One example: a prominent family lawyer continues to practice in the District Family Court even though his daughter is an associate judge for the Court and, as such, a member of the Court's staff.

Second, some county employees do not work full days. While I understand the need to campaign, it is inappropriate for a member of a court's staff to take other members of the court's staff to attend lunches for 2 hours each week, all being paid by taxpayers while not doing court work.

Third, nepotism exists in that one judge orders families to go to counseling with his wife.

How much of a problem is county hiring based on the "good old boy" / "loyalty to leadership" instead of one's ability to efficiently and ethically perform their tasks and functions? and what can realistically be done about it?

It is an enormous problem, and the key reason that I decided to run for this bench. That's what is happening in this race with my opponent, and I have real concerns about it.

What can be done? We must each be diligent about voting in order to solve the problem, but is it realistic that every voter will do that? It is not, unless large and well-respected groups back the right candidate who can be elected and end the cycle. Basically, you are the realistic way to solve the problem.

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

Find the illegal aliens in my court, contact ICE, and begin the deportation process.

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?

No and no

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

A judge's job is to try cases in order to resolve disputes in an orderly and civilized fashion as swiftly as possible (which is more swiftly than what we see now).

My judicial philosophy is strict construction. The legislature makes laws, the executive enforces the law, and the judicial resolves disputes regarding the law. As a result, judges should enforce the law as written.

What is the proper role of a lawyer?

Advocate for a client, advise a client of their rights and responsibilities, conduct legal and factual research to have a thorough picture of the client's situation, engage in ethical conduct before courts, including observing the responsibility of candor with the court, and prepare the case for trial, avoiding delays and complying with all Court deadlines.

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. His opinions are highly entertaining in their this-was-obvious-why-couldn't-you-see-it tone. And he's right. The law is what's written, so when we do what the legislative branch wrote down for us, it becomes easy. He is straightforward and has the right judicial philosophy.

Ginsberg. She seems like a nice and intelligent woman, which is precisely why her opinions are so dangerous. She takes a result oriented approach, which is precisely the type of judicial activism which troubles me. (Sotomayor is a close second for the same reason.)

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

Fix the court backlog. One major oil and gas company contemplated moving its headquarters to Montgomery County and chose not to do so, in part because it was dissatisfied with our court system. Likewise, another oil and gas company moved its headquarters just south of the county line to enjoy the amenities of Montgomery County without running into its pitfalls -which likely included the courthouse. Those are jobs, taxes and growth the county lost, and that must stop.

Please explain your view of recidivism and how it affects the sentences you given

Recidivism is a byproduct of people thinking that they won't get caught, and, if caught, they won't lose much. Law enforcement controls the first part, judges the second. Sentences need to send a message to provide a disincentive to the second portion of that byproduct.

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

No and no. The power to tax includes the power to destroy (John Marshall). Allowing the state to license (which is a thinly veiled tax mechanism) gives the state the ability to eliminate people from the marketplace. Why don't we let the marketplace decide? Hair braiders just got the right to braid hair without a license this legislative session, and lawyers used to not be licensed. Let the people decide who they like.  If someone is incompetent, then they cannot do that business anymore.

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

Constitution (read with an eye towards scripture)

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

No.

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

If I had one, I would recuse myself, but I see no overwhelming number of recusal motions in my future. The one caveat is that my husband practices law here, and, of course, I would hear no cases involving him.