What are the three main reasons you are running for this office? Do you see any potential conflicts of interest?
In the twenty-nine years of practicing law in Texas, I have handled probate, guardianship, all aspects of family law, CPS (welfare) law, wrongful death litigation, commercial litigation, personal injury, insurance defense, and coverage opinions for insurance companies. I have handled all types of attorney ad litem work.
During the first ten years of my career, I worked for various law firms participating in appeals, bench and jury trials, and all phases of civil law practice, including federal court, research detailed briefs, summary judgments and other dispositive matters.
Beginning in 2002, I ran my own firm wherein I added family, CPS, and guardianship law and was lead counsel in numerous bench and jury trials as well as appeals. The appeals I have specialized in over the years have been CPS appeals in various jurisdictions in Texas. The CPS appeals I have participated in include both civil and criminal which makes me uniquely qualified to handle the issues presented to this intermediate court of appeals. Since opening my practice, I have been a mentor to other attornies in trial practicts and general research techniques.
When a person is elected judge, leadership immediately besets the person in office. To this extent, I have served on numerous boards of directors such as Eagle's Nest Ministries, Liberty Belles Republican Women, Montgomery County Bar Association, AFC, and AFCC. I have taken on various leadership roles in my church community as well as developing my own Biblical curriculum for adult bible classes. I currently teach 3-7 year olds in a bible class on Sundays. I have consistently served my church and local community.
Please describe the best way for the average voter to determine which judicial candidate is best.
The best way for the average voter to determine which judicial candidate is best is to attend the forums and review recommendations. Often times, asking other attorneys who have worked with the candidate is also a very good way to determine which candidate is best.
Please describe what you believe are the most significant issues in this race, why and what you'll do to address them?
The most significant issue in this race is which candidate has the best understanding and ability to operate with judicial temperament. This government was founded upon Judeo-Christian principles; thus, the law to be reviewed and analyzed already has a good basis. Traditionally, precedent is reviewed by courts of appeals in determining the answer to a point of error that has been brought to the court of appeals' attention. The judiciary is not a branch of the Texas government to create law. Rather, the judiciary is there to review error and to determine if the trial court has the power to do what it was asked to do. The judge at the court of appeals level keeps the ship straight, like the rudder of a ship. Whether the laws are to the "right" or to the "left", the judge is there to interpret the law according to well established principles. Without that temperament, chaos can occur.
How relevent today is Blackstone's maxim "All presumptive evidence of felony should be admitted cautiously; for the law holds it better that ten guilty persons escape, than that one innocent party suffer".
The presumption of innocence is hugely important today. This makes the odds of receiving a fair trial much better for the accused. Juries take their jobs seriously, and this presumption of innocence is always at the forefront in a criminal case. Thanks to social media, we seem to be a society of judging a person's guilt or innocence prior to trial. However, it is the trial, the evidence, and the presumption of truth that is all encompassing when a jury reaches its verdict.
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?
Regardless of what the Montgomery County courts do regarding specialization, the court of appeals' position handles all cases. I do not think I would have input into what the Montgomery County Board of Judges would decide regarding this issue.
What carries the greatest influence on your rulings: case law, the Constitutions, or other?
Honestly, it depends on the case. Of course, many issues in law are based on the constitution, so the constitution is always reviewed in analyzing an issue. But case law is also important as it would reflect the interpretation of the law. Case law, of course, is of primary consideration as it can be binding. A new statute, for example, is usually analyzed regarding well-developed and principles of interpretation. The answer is not an easy one because it depends upon the issue being reviewed and analyzed. The law can be very complex, and many times, correct constitutional interpretations can spill into case law precedent. Many times, these can be hand-in-hand.
Please describe the major challenges for your court over this next term.
I believe the main challenge for this court for the next term is for the court to continue being a conservative, constitutional constructionist court. There should be no attempt to change the conservative approach used by this court as it could create unneeded change.
Do you think judges should be elected by the people, or appointed by a commission?
Since I am a traditionalist, I believe judges should be elected by the people. There has been debate about this issue since I started law school. I see the pros and cons to both sides of the issue, but Texas decided to elect their judges, and this decision, made a long time ago, serves the voice of the people, and it should stay that way.
In your view, what is the threshold for determining constitutionality of a legislative act? or a challenge to it?
The threshold of determining the constitutionality of a legislative act is to view it and see if it violates well-established principles of consitutional law, like, for example, due process. As an advocate for appellants, it is vitally important for me to challenge statutes. That is the role of the advocate. One case wherein I challenged due process regarding a specific statute was upheld at the court of appeals. Very soon after that, the legislature changed the statute. Advocates should always challenge constitutionality if reasonable; however, the court of appeals must be very careful to properly analyze this with precedent, always keeping the constitution in tune with the analysis.
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?
This is a tough balance, and this is what I have dealt with since 2002. The government, whether state or federal, is in a very precarious situation. Children should not be abused or neglected, but the balance as to the power the government has in these areas is always being tested. That is why CPS or welfare law is so complex and difficult. The legislature is always trying to find that balance, so the law changes every session. Unfortunately, there are times when a court order is needed or a child will be further harmed. We, as a society, have a responsibility to protect children, but a parents' rights are constitutionally protected. This is an ever changing part of the law, as it should be, so we can protect children but constitutionally protect parents' rights.
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?
Out of the nine justices serving in the U.S. Supreme Court, I respect Justice Thomas the most because his opinions are well-reasoned, and he believes in conservative constitutional construction. I respect Justice Harry Blackmun the least because he, in effect, legislated from the bench in many of his opinions. I believe that a Supreme Court Justice should be a conservative constitutional constructionist.
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?
Civil Forfeiture issues should be addressed as the law allows. The argument, as I understand it, is that innocent people are caught up in having their property forfeited for the "better criminal good." If able to afford an attorney, there are many violations of the constitution the litigant could present to court and win their property back. There are many nonprofit law firms that may be willing to help in this matter. Civil Forfeiture may need to be addressed by state and federal legislators.
What 2 things about your opponent do the voters need to know?
It is not so much what they need to know about my opponent, but what the voters need to know about me. I am a strict constitutional constructionist, and I value the fact that our laws are built upon Judeo-Christian values. I know how to accurately research and apply the law and understand that I will no longer serve as an advocate and cannot advance an issue, as conservative and constitutionally based as that issue might be. Also, I am already a proved leader and have a deep faith and knowledge of God and His Word.
What Texas State court decision do you think has most impacted society? How and Why?
I currently believe that the "Heartbeat law" has impacted society in its short time it has been enacted. The legislation is being used as a template for other states, and its daily impact since enacted has saved countless lives.
Apparently in conflict with current pratice in the courts Art. 19.27. of the Texas Code of Criminal Procedure states "ANY PERSON MAY CHALLENGE. Before the grand jury has been impaneled, any person may challenge the array of jurors or any person presented as a grand juror. In no other way shall objections to the qualifications and legality of the grand jury be heard. Any person confined in jail in the county shall upon his request be brought into court to make such challenge." What is the practical application of this statute?
It appears that a person in jail can make a challenge to the grand jury qualifications, but it is not clear if they can do that before the grand jury is impaneled. If there is a question, the legislature could address this situation. If this is a question for the court, I would be unable to comment upon this.
As a judge, what do you believe the goals of the criminal justice system should be?
The goals of the criminal justice system are many. Justice for the public and safety of the public is of primary concern. Other issues include rehabilitation of offenders, prevention of crimes and moral and/or financial support for victims.
Who is endorsing you and what is their relationship to you?
I am uncertain of any specific endorsements at this time.
