US Vote Smart

Home » 2016-03-01 Republican primary » Montgomery County » Judge, 435th District Court » Thomas (Tom) Brewer III

Thomas (Tom) Brewer III
Party Republican
Website
Born
Education juris doctorate – magna cum laud
Occupation Attorney
Religion Christian (the Woodlands Church)
Marital Married

Thomas (Tom) Brewer III

declared

Campaign Finance Reports Source

Submitted by john wertz on 2016-02-25 21:54:07

  • 2015                        2016

        Nov - Dec           30 Day Report    8 Day Report

MCTP Rating of 64 Source

Submitted by john wertz on 2016-01-05 14:08:46

PROS

  • Seems to support libertarian principles
  • Promotes the idea of courts being unbiased
  • Concerned courts are cutting into Constitutional guaranteed rights

CONS

  • Less legal experience than the other candidates
  • Plans for the court to operate as a general jurisdiction court, which could reduce the number of criminal cases the court currently handles
  • States he does not agree with current immigration laws,  but does not opine as to why.
  • Apparently an axe to grind w/Judge Seiler 
  • Prefers Justice Roberts over Scalia (Scalia is the most originalist on the Court. Roberts just shafted us all on Obamacare).  
  • Not aligned w/Tea Party principles.  
  • Answer about religion is "Christianity varies.   Quotes William O. Douglas, one of biggest socialists ever on court)

MCTP Interview Source

Submitted by kenneth vaughn on 2015-12-31 22:38:09

 

Questionnaire

General

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

Goal number one is to provide the people of Montgomery County with a fair and impartial judge, who can and will follow the law (judicial temperament).  This will protect the rights and freedoms of the citizens of Montgomery County.  My second goal is to clean up the operations in the 435th Judicial District Court Staff management).  Just last week I was in the court for a 10:00 hearing and none of the parties knew which room they were supposed to be in.  They had a hearing in the main court room and after its conclusion, there was on one to escort a prisoner out of the courtroom.   I want to ensure the staff is courteous to our citizens.  The 435th is a public courtroom, and all citizens should feel welcomed when they come into the courtroom.  My third goal is to ensure the court is operated efficiently (budget).  Since the current judge managed to cost the court its primary purpose, the 435th will now be a court of general jurisdiction.  There will be fewer jury trials but a larger variety of cases.  There is no record on which to make a prediction as to what a new budget should be for the court, but we can work with other judges in the courthouse and adopt what they are doing right, avoid what they are doing wrong, and be innovative in creating improvements.  Why am I seeking this bench?  Because I am a citizen of Montgomery County and we all deserve a court that meets our needs.

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

I have experience in family law, property damage recovery, probate, civil commitment, and criminal law.  In short, general jurisdiction is right in my wheel house.  Second, as we are seeing, lawyers tend to be bad managers but I have a great deal of managerial experience.  I know how to run a business in order to obtain maximum efficiency.  I spent over nine years as a naval officer, eleven years at Motorola, nine of those years in management.  We were profit oriented.  I have now been working for the State of Texas for four and half years and have been promoted into management again.  I have management experience across a wide spectrum and can run the 435th Judicial District Court in an efficient productive manner.  Others may also have experience, but if that experience isn’t quality experience, it has no value.  I have been practicing law for seven years, across a good part of Texas.  While I may not have been a lawyer as long as my opponents, I graduated from law school with high honors.  My education, judicial temperament and managerial background allow me to provide the voters of Montgomery County comprehensive leadership required reach the desired goals.  

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

The judicial temperament of the sitting judge is unsatisfactory.  There is a disregard for the law to the extent Section 841 of the Texas Health & Safety Code had to be changed or declared unconstitutional.  Our court has been in newspapers across the nation and they aren’t praising our judge.  As I have said, the quality of your experience is often more important than the quantity.  Second, because this is about to be a court of general jurisdiction, the people of Montgomery County need a judge they can count on to be fair and impartial.  The bench is not a place for an individual who wants to force his or her beliefs on others.  As a lawyer, I have found that almost no one is happy when they come through my door and ask for help.  Most of them also never thought they would come through my door or the door of any lawyer in need of help.  The 435th is not a court you want to walk into right now with your money or freedom on the line.  

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

The Texas and United States constitutions are living documents if we want them to be.  The question is “how do we as a people give them life?”  The original goals of the Constitutions are as alive today as they have ever been.  The Bill of Rights is more important than it has ever been, and in greater jeopardy today than ever.  Our forefathers could in no way have predicted what would have happened in the next 200 plus years, any more than we can predict what will happen in next 200 years.  The net result has been The Supreme Courts are allowed to interpret how these basic laws should be exercised today.  While environments have changed, freedom of speech has not, freedom of religion has not, due process of law has not, but our courts are limiting those freedoms a little more every day.  

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

It is hard because most people don’t come in contact with court other than jury duty.  But if a voter really wants to know about a candidate today you can start on the internet.  Most lawyers will have some kind of profile and or history available online.  Second it is harder, but if you get a chance, go listen to them speak, and ask them questions.  Third, refresh your personal knowledge of the constitution.  You need to know what your rights should be, not what you have been told they are.  I watch people all the time, pick and choose what they want to take as they “interpret” the law.  When you are looking at a judicial candidate, who has not been sitting on the bench, listen to that person’s philosophy on the law.  He or she will have no record, so listen closely to see what they want to do.  One of the biggest problems is the average voter doesn’t know or have the time to find out who is the best candidate.  The best person may not have the financial means to get his or her message out.

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?

As an attorney there are a certain number of hours of continuing legal education you must take every year in order to keep your license.  You will need about three days for that.  Working with other county officials shouldn’t really take you off the bench.  A judge doesn’t spend every minute of his or her day on the bench.  If they try they are doing a lousy job.  There is research to be done on each case, documents to review.  Off the bench is one thing, out of the office is another.  If you want to teach or do motivational speaking, do that on your own time.  The people of Montgomery County aren’t paying you to do that nor are they paying you to schmoose with other county officials.  I work from 8 to 5 now and the people of the State of Texas get a fair days work for a fair days pay. 

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

No one/group is endorsing me.  I’ve been in the area about four and a half years and I’m not a career politician.  What has pushed me into the race is that I have sent most of my time in Montgomery County working in the 435th Judicial District Court, and unlike most citizens I know where this is going.  As a citizen of the county, it is important not to allow the current leadership in the court to remain in place.

Budget

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

I don’t know yet.  The office will be totally different from the last 15 years.  The current judge says he may need more staff, but he has lost most of his state funding because of some issues with how he runs the court and rules on the bench.  Because the court was stripped of its case load, the county simply has not been getting value for its dollars.  Despite the efforts of the presiding judge for the Second Judicial Region of Texas these problems will resurface.  Without change, be prepared to throw good money at a bad problem for the next four years.

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

The mechanisms are already in place to obtain the desired information.  You just need public officials to obey the law and give you the information you are entitled to receive or retrieve.  As a voter, there is information everywhere but voters don’t know how to look at it because they are detached from the system.  The secret is knowing where to look, what you are looking for, and who to ask the hard questions.  I will be available to anyone with the interest to ask me the question about digging out what they want to know.

Other civil liberty

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?

Every case must be looked at on its own merits.  If you’re talking about feeding a child, that’s one thing.  If you are talking about sending them to a special school they (the child) wants, but the parents say no, that is different.  I have seen the state take the child of a man, and felt it was wrong.  He wasn’t the greatest guy, but he loved his child and he had done everything he was supposed to do to get his child but they didn’t like him.  We don’t take a person’s child because they aren’t raising that child the way we want them to.  We do that only to protect a child from harm.

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

The short answer to that question is yes, because grandparents legally have almost no rights to their grandchildren.  As to why, in our culture, we believe parents should have control of their children.  We raise our own children and if we are blessed, we can ask our parents for advice.  We don’t have to take the advice but it is nice to hear from the voice of experience sometimes.   As far as doctor intervention is concerned, physicians don’t have direct contact with children unless there is a problem more often than not.  If there are problems of abuse to a child, physicians, teachers, lawyers, and others, have a duty to call attention of the situation to officials in order to protect the child.  Still, as long as you don’t harm your child I have no right to interfere with how you raise your child, what school you choose, what they eat, if they play sports, what church they attend.  It is important a judge remember that. 

Ethics

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

Sadly, it is rooted in our politics.  Politicians are promising security when they can’t deliver.  We don’t know who is going to commit a crime or when.  The net result is our courts tend to be a little too pro-prosecution.  In this court, that can be a real problem for innocent people.  Prosecutors don’t need any help in making their cases, but because of elections, judges are sometimes afraid to be fair and impartial.  It is worse when a judge is a natural prosecutor with poor judicial temperament.  

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?

?  I don’t know much about county hiring and the “good old boy” system if there is one here.  I can tell you that my experience with governmental agencies has been up and down.  When I finished law school, I wanted to be a prosecutor.  You will notice, I am not.  Take a look at the average class standing in any D.A.’s office and compare it to mine.  Then look at the age of the people they hire.  We’re talking about D.A.s.  What you will find is D.A.s hire young people, and does it impact the ability of your government to perform - of course.  Would you rather have the person who finished number 22 in the class working for you or the person who finished number 102?  Bringing the best people onboard is one of the things the citizens of Montgomery County deserve.  What mechanisms do we have in place to ensure that occurs is a question for the voters.

Immigration

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

You follow the law.  Let the attorneys do their jobs.  This is a district court and when you are dealing with a criminal it doesn’t matter where that person came from, you treat everyone the same under the law.  A crime is a crime.  One of the things people tend to forget is that you don’t get to arrest people until they do something wrong, and at that point you already have a victim.  If a person is in the country illegally, we have a duty to use the system in place to handle that issue.  I can’t say I’m a big fan of that system, but until you, the voter send someone to Washington who will work on the issue this is what we get.  This is a hard question, but the bench is not where policy on this matter is made nor should it be.  

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?

As well, do taxpayers have-to-have one available during courtroom hours just in case someone might need their services?   Let me start with the second question.  No, and interpreters normally won’t be found seating around a court house.  With respect to illegal individuals, I will have to research that issue.  I do think we must provide everyone with an interpreter when dealing with a criminal matter.

Other

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.