Why are you seeking this bench and what 3 primary goals do you have in mind if you are elected?

I feel called to serve as a judge, and I want to be obedient to God’s calling.  I believe God has given me a unique passion for the law, along with the spiritual gifts, abilities, personality, and experience to enable me to serve as a justice on the court of appeals.  My goals are: (1) to do my part in returning traditional conservative values and American ideals to every branch of government, and at all levels of government, (2) to maintain the conservative judicial philosophy of 9th Court of Appeals, and (3) to ensure that in each case that comes before the court of appeals the outcome is not the result of judicial error in the trial court.

What have you done to prepare for serving in this role?

I believe God has been preparing me for this role through my experiences, both in my legal career and in my life, in general.  I have practiced law for 34 years without compromising my integrity.  During our 38-year marriage, Marisa and I have raised four daughters without losing our minds or each other.  We have faced many challenges, all of which have strengthened our faith, and none of which has caused us to waver in our beliefs or values. 

What carries the greatest influence on your rulings: case law, the Constitutions, or other?

The Declaration of Independence and the US Constitution are the foundations upon which any government actor may operate.  Therefore, even in cases that do not involve constitutional questions, a judge’s rulings must always be consistent with the principles set forth in these documents.

Please describe the qualifications and experience that make you the best candidate for the office you are seeking.

After 34 years as a lawyer, I have a state-wide civil trial practice that has included handling a number of appeals.  My caseload also involves a significant amount of legal research, briefing and other writing, which is unusual among trial lawyers.  I have tried 150 cases in 65 different courts in 32 counties, to go along with 35 appeals in 9 courts of appeals and the Texas Supreme Court.  As a result, I have appeared before hundreds of judges against a variety of lawyers across the state of Texas.  I know from experience the difference between good and bad when it comes to lawyers and judges.  I also know very well the impact that an erroneous trial court ruling can have, not only on the litigants involved in that particular case, but on the fair administration of justice in general.  Someone who has a local or regional practice, or who focuses solely on one area of the law, simply does not have the same breadth of experience that my legal career has provided.
 

Do you think judges should be elected by the people, or appointed by a commission?

Elected by the people.  Government commissions are susceptible to politics, corruption and elitism.

In your view, what is the threshold for determining constitutionality of a legislative act? or a challenge to it?

With regard to federal legislation, the first question is whether the legislation is within the powers specifically delegated to the Congress in Article I, section 8 of the US Constitution.  The next question, and the primary question for state legislation, is whether the statute violates any rights actually guaranteed in the Constitution, not whether it violates some “right” that the justices invent because they desire a particular outcome.

What 2 things about your opponent do the voters need to know?

I believe it is best for each candidate to speak for himself or herself.

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

Absolutely not.  According to Marbury v. Madison, the US has a written constitution for a reason: “The powers of the legislature are defined, and limited; and that those limits may not be mistaken, or forgotten, the constitution is written.”  Since the constitution is the source of a justice’s authority, the constitution’s text and original meaning are the only legitimate foundations for judicial review.  If the constitution means whatever the progressive justices say, then not only are the foundational limits on government susceptible to being mistaken or forgotten, but judicial review, itself, loses its justification.

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?

Justice Clarence Thomas has earned my highest respect.  He has withstood repeated attacks from the left and has consistently decided Constitutional cases from an originalist perspective, exemplified by his recent opinion in New York State Rifle and Pistol Ass’n v. Bruen.  Justice Sotomayor has not earned my respect.  Her recent dissent in Students for Fair Admissions v. Harvard exemplifies her willingness to ignore the text of the Constitution when it stands in the way of her societal aims.

What Texas State court decision do you think has most impacted society? How and Why?

Tex. Educ. Agency v. Leeper, in which the Texas Supreme Court unanimously upheld the right of Texas parents to homeschool their children.  Before the Leeper decision, school districts were prosecuting homeschoolers for violating the compulsory attendance law.  This case ended the prosecutions. As public education continues to slide toward indoctrination rather than education, it is vitally important that parents have alternatives. 

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

Devote a reasonable amount of time and effort becoming familiar with the issues and the candidates.  Information is available in a variety of forms and locations; the voters simply need to access it and make an informed decision before going to the polls. 
 

Please describe the major challenges for your court over this next term.

I don’t think I can accurately predict what major challenges will arise, but I will work with Chief Justice Golemon and Justices Wright and Johnson to handle whatever may happen.

If elected, do you think you'd be invited to participate in the Freedom Caucus? Why or why not?

If I were elected to Congress, I have no doubt I would be invited to participate in the Freedom Caucus, because I would be a strong advocate for its conservative values. 

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".

Blackstone’s maxim is perhaps more relevant then ever.  Rather than investigating and prosecuting crimes, certain prosecutors seem to be targeting people based on their political views, then investigating them in hopes of finding something to prosecute.  Without historical safeguards such as the presumption of innocence, those individuals probably wouldn’t have a chance.
 

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?

I question whether this problem can be solved by “better” laws or more oversight when the practice is inherently susceptible to abuse and oftentimes results in innocent people being permanently deprived of their property without due process.  I agree with Justice Thomas that the constitutionality of the modern-day forfeiture practice is worthy of being more closely examined.  See, Leonard v. Texas, 580 U.S. 1178, 137 S. Ct. 847 (2017).
 

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?

I understand from the case law that this statute (now Texas Code of Criminal Procedure 19A.151) has been interpreted so that a criminal defendant must challenge the array or a grand juror before the grand jury is impaneled; however, if the offense was committed after the grand jury was already impaneled, the defendant may still file a motion to quash as long as he or she does so at the earliest opportunity.  

What distinguishes you from your opponent?

My state-wide civil trial and appellate practice provides a breadth of experience with innumerable attorneys, judges, juries and court staff across the state of Texas.
 

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

I'm not sure these issues will be subject to my purview, but I am definitely in favor of transparency in all departments of government.  

What are the limits of federal judicial review as far as the 10th amendment is concerened?

I view federal overreach as a significant source of many of our modern-day problems. Federal judicial review is incomplete if it does not take the 10th Amendment into account.  In my view, we were endowed by the Creator with individual rights, and upon becoming independent from Great Britain, we created the states which then created a United States for the express purpose of protecting those rights.  We gave the US government only such powers as were necessary and proper for that purpose.  Therefore, any power that was not expressly delegated to the United States still rests in the people unless the people have delegated that power to the states through the legislative process. 

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?

Parents should have full authority and responsibility for their children.  Unless a crime has been or is being committed, the government does not have the authority to interfere.  Parents should not be ordered to do things that go against their beliefs.

Have you ever been convicted as result of arrest? Ever had any tax liens? If so, give start & resolution dates?

No.

What standards of behavior would you impose on yourself—inside and outside the courtroom?

I will continue to hold myself to the standards of an overseer, as described in I Tim. 3:2-4:  to be above reproach, faithful to my wife, temperate, self-controlled, respectable, hospitable, able to teach, not given to wine, not violent but gentle, not quarrelsome, not a lover of money, always setting an example for my children and grandchildren to follow. 

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

A judge’s job is to faithfully apply existing law to the established facts of each case that comes before the court.  An appellate justice’s job is to ensure that the outcome of the case in the trial court was not the result of judicial error.  I am a textualist.  The will of the people is expressed in the words actually used in the text of a statute or a constitution.  As Justice Antonin Scalia said, “Words do have a limited range of meaning, and no interpretation that goes beyond that range is permissible.” 

What is your position on the county hiring judges who are not elected?

I believe associate judges are necessary for the efficient administration of criminal justice.  However, it is their existence, not their method of selection, which increases the court’s efficiency.  In my opinion, it would be better for associate judges to be elected.

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

A recent study by the United States Sentencing Commission shows longer sentences reduce the likelihood of recidivism.  I believe sentences should be both proportionate to the offense and sufficient to deter future criminality.  

How is the preamble "Humbly invoking the blessings of Almighty God, the people of the State of Texas, do ordain and establish this Constitution." applicable to Texas Courts?

The founders of our great state were wise enough to recognize that the government they were establishing by way of the Texas Constitution would not last long without God’s blessings.  As for Texas Courts, since God is the only righteous judge, all judges would do well to pray for His wisdom.