What is the job of a judge? What is your judicial philosophy?
The job of a judge is to be fair and impartial in ruling on the law. In doing so, a judge protects the rights and freedoms of citizens. My judicial philosophy is simple: The citizens have voted for legislators to represent them, and those legislators try to write the laws the citizens want. Judges should follow the law as written, and not try to interpret statutes. That leads to legislating from the bench, and the input of an individual’s personal feelings into a proceeding, which should not occur. A judge cannot be pro defense or prosecution. Each case is important and stands on its own.
What is the proper role of a lawyer?
The proper role of a lawyer is to protect the rights of citizens. Some say to provide legal counsel to their clients, but it is the same thing. Lawyers have a code of ethics, requiring honesty and integrity. Most lawyers follow that code. There are always a few that harm the reputation of the many. William O. Douglas said, “The liberties of none are safe unless the liberties of all are protected.” Michael Morton spent 25 years in prison claiming to be innocent, and he was. Who protected his rights and worked diligently to secure his freedom - lawyers. Lawyers for the state put him in prison and others freed him. This kind of thing happens all too often. Mr. Morton would have been right at home in Montgomery County, just like you and I. All of these lawyers were trying to protect citizens and their rights, but mistakes are made and we can never forget that.
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?
Which one do you respect the least, and why? I respect Justice Roberts the most because he tends to be honest when reading the constitution. I have problems with Justice Antonin Scalia’s interpretation of the Bill of Rights, his issues with race and legislating from the bench.
What is the single most important action the county needs to do to keep this a great community to live in?
Plan for the growth that is coming this way. Many people don’t want change, but just like the sunrise, it is coming. The important thing to do is look at the trends, plan for needs, and budget for those needs. Planning our community is the best thing we can do to maintain an excellent quality of life. When I drive to work every day I see the growth, but I’m not sure I’ve seen the plan.
Please explain your view of recidivism and how it affects the sentences you given
A true recidivist is a person who has been to prison, been released and committed the same crime again. What that tells me is prison may not be a deterrent to that individual. Each case must still be looked at based on its own merits, but it is still something important to take into consideration. I cannot tell you how recidivism would affect any particular sentence, only that the merits of each case must speak for themselves.
Should the state license barbers? Lawyers? Why or why not?
Yes as to both. Licenses should be granted to show the individuals have the skills to complete certain tasks which impact the lives of others. If a person takes your money to cut your hair and makes a mistake, you may not like to way you look for a while. If you were getting a haircut before a job interview, the ramifications can be quite serious, for the most part; however, your hair will grow back. As have far as lawyers are concerned, a person doesn’t want to go to trial with a bad lawyer defending his or her rights. How would you feel about having a non - lawyer protect your security, property or loved ones? Why do we make people obtain a license to drive a car? For the same reason, to make sure a person engaged in activities which can be potentially harmful to others have a minimum level of skill. Is it as important that you get a good haircut as it is an innocent man not suffer a lethal injection? Of course not! If you want to make the barbers’ license go away, talk to your state representatives. Until then, ask your judges to be fair and impartial when dealing with the issue.
What carries the greatest influence on your ruling: case law, the Constitution, or other?
The Constitution carries the greatest influence. Case law should be based on the Constitution, however, when you hear judges say they are interpreting the law you need to watch them because they may be on the verge of putting their own spin on a law. Sometimes we get bad case law, and courts will say that such matters are “settled law.” I don’t believe bad law is ever “settled law.”
Is there anything in your background of an embarrassing nature that should be explained before your election?
No. There is a lot in my background that is interesting, and if you want to sit down someday and swap seas stories that would be fun, but I’ve never been inclined to explain myself to anyone, but my wife and children and I won’t start now.
To what extent would you need to recuse yourself from cases because of conflicts of interest?
My wife work for USAA Insurance Company, as such hearing a case involving them would present a conflict of interest. Other than that I have nothing else at this time.