Why are you seeking this bench and what 3 primary goals do you have in mind if you are elected?
Courts must operate efficiently while following the law.
My three primary goals are:
#1. Efficiency. I will work tirelessly to move the civil docket in Montgomery County to free up courts and save the taxpayers money.
#2 Reform. I will watch County government finances like a hawk as a member of the Board of District Judges to ensure the "Reform" the Republican Party has promised will actually occur.
#3 Unify. I will work to unify the Republican Party behind our strong slate of candidates and the GOP Platform to beat the democrats like a worn out drum.
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?
The only instance where the state 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 is when the parent has physically harmed or abused the child. That does not include making medical decisions, because that is within the sovereign authority of the parent.
The federal government has absolutely no business whatsoever in such matters.
What carries the greatest influence on your rulings: case law, the Constitutions, or other?
As a District Judge, I would have to follow the law with the following order of weight.
Most important would be the Constitution of the United States of America. If interpretation is necessary, I would follow the Original Intent. There are only limited applications of the United States Constitution to the 457th District Court, however, because it is a State Court.
The next priority would be the Texas Constitution. In practical operation, the Texas Constitution is the most important controlling authority for a State District Court.
The next priority would be Texas statutes and federal statutes (to the extent the latter applies). I would, of course, respect the Supremacy Clause within the United States Constitution.
The next priority would be the Texas Rules of Civil Procedure and the Texas Rules of Appellate Procedure, which fall essentially within the status of statutes under Texas law.
The next priority would be the Texas Rules of Evidence.
The case law or common law provides precedent but also receives the lowest status in this order of priority.
There are two very important sources of law, which I did not include in the above list. One is the Holy Scriptures. There is no question that they are important and come into consideration through the Original Intent of the United States Constitution. Not nearly as important but quite important nonetheless are the philosophical writings which the Founding Fathers considered within their Original Intent when they drafted the Constitution. I refer, of course, to works such as Locke's Second Treatise of Government, which was a cornerstone of the considerations of the Founding Fathers in drafting the Constitution and the Bill of Rights.
Are the United States and Texas constitutions living documents? Please answer in the context of Progressivism versus Originalism.
The United States and Texas Constitutions are living in the sense that they remain very applicable to the vitality and pursuits of man. Their intent, however, is an Original Intent which does not change. Progressivism is nonsense in the context of Constitutional intent.
Please list the key differences between you & your opponent(s) in this race & why your experience/position is better.
I'm a 30 year civil litigation attorney. My opponents don't have that much experience combined, except for Bruce Tough who is the consummate "establishment" person.
I've lived in Montgomery County for 27 years. My opponents haven't lived here that long combined.
I'm the only attorney in this race who is Board Certified by the Texas Board of Legal Specialization. I'm Board Certified in Consumer and Commercial Law, because business litigation is a large part of my law practice. I've defended many businesses and individuals in consumer litigation.
I'm the only person in this race who has been actively involved in working for other Republican candidates, working for the Republican Party, and was a Republican Precinct Chairman and Election Judge. I have given hundreds of thousands of dollars to Republican candidates and to support conservative issue campaigns.
I want to be clear, however: my opponents seem like very nice people. I wish them the best.
Please describe the best way for the average voter to determine which judicial candidate is best.
Look at what type of court the 457th District Court will be. The Board of Judges voted in July to make the 457th a court which will only hear civil cases. Then voters should examine who has the civil litigation experience.
Experience, particularly for a civil court, makes a vast difference in the ability of the judge to move the docket, not make incorrect rulings which will cost the taxpayers a lot of money in having to re-try cases after appellate reversals, and will provide for a more efficient operation of the court in general.
What role should government have in reforming criminals?
None, except government should stop spending so much money and taxing people so much, so that people will have more of the money they earn to spend on their families and on themselves. By reducing the massive economic stress from high taxation, we'll give people the opportunity to earn more, so they'll have less economic incentives to commit crime.
As far as the purpose of punishment and sentencing people to jail or prison, clearly the purpose is and should be incapacitation of the criminal from the ability to commit further crimes. Renowed political scientist James Q. Wilson, of Harvard University, concluded after his long career studying criminal justice that reforming people and trying to rehabilitate them is not a function which government successfully accomplishes.
Please describe what you believe are the most significant issues in this race, why and what you'll do to address them?
There are three significant issues in this race.
#1 Efficiency of the Court's docket. We need an experienced judge in this Civil District Court who has a strong background in civil litigation and knows how to make rulings which follow the law. Since I have practiced civil litigation for 30 years, am a Board Certified attorney, lived in our community for 28 years (as of 2020), I will institute practices to make the court efficient, move the docket, and relieve Montgomery County's backlog of civil cases. I will apply and follow the law and not legislate from the bench.
#2 Reform. For the past three years, as a conservative political activist, I have devoted enormous time to reform of the Montgomery County government, particularly with respect to reducing government spending and fighting for lower taxes. As a member of the Board of District Judges overseeing the work of the Montgomery County Auditor, I will fight for careful oversight of County finances to reduce the taxation and spending burden on the citizens.
#3 Unifying the Republican Party. I have fought for a strong Republican Party for four decades. I was a very active participant in the Victory 2018 General Election Campaign of the Montgomery County Republican Party. We delivered more than 40% of U.S. Senator Ted Cruz's statewide winning victory margin just from Montgomery County alone. We must unify the Republican Party behind the great GOP Platform, continue the work of the grassroots conservatives, and deliver a gigantic margin of victory to President Trump, Senator John Cornyn, and the entire Republican slate of candidates in the November 2020 election. I have made it clear that I will campaign vociferously for the Republican slate and for Republican principles as the Republican Nominee for the 457th District Court, since Montgomery County will be the epicenter of the election nationwide.
Please describe the qualifications and experience that make you the best candidate for the office you are seeking.
SMU Law School, 1989. Undegraduate degree, Princeton University, Summa Cum Laude, 1983. Masters in Military History, Sam Houston State University, 2017. Certificate in Advanced International Affairs, Texas A&M University's Bush School of Government, 2009. I graduated from St. Mark's School of Texas, Cum Laude, in 1979.
Board Certified in Consumer and Commercial Law, Texas Board of Legal Specialization, 1995.
Licensed to practice law in Texas since 1989, Colorado since 1991, and the District of Columbia since 1991. Licensed to practice law in all of the federal courts of Texas and Colorado, as well as the United States Court of Appeals for the Fifth Circuit and the United States Court of Appeals for the Federal Circuit.
Tried over 200 civil jury trials, over 1000 civil bench trials, and participated in thousands of hearings in civil cases over my 30 year career. Handled numerous appeals in state and federal courts. I've mediated cases more than 200 times. I've acted as an arbitrator about 10 times. in all of those experiences, I've handled a wide range of cases and countless issues.
Some of the finest civil attorneys in Montgomery County are on my Steering Committee or have endorsed me for the 457th District Judge.
Please describe the changes you will make to improve the efficiency of your court, yet remain thoughful about rulings/orders - that allows all parties to be heard and their arguments considered. Please specifically address how many days a year your court will be “in session.”
#1. The Court needs to issue easily understood scheduling orders to ensure cases go to trial within a year and have an adequate time period for discovery and depositions. The likelihood is that I would grant first requests for continuance but would likely only grant them thereafter for extreme hardships. Unless a civil case is very unusual, the Court should dispose of every civil case in one year or less.
#2 The Court needs to make rulings expeditiously on motions for summary judgment and other dispositive motions. The Court needs to make rulings on non-dispositive motions swiftly as well, because delays in such rulings can slow cases down and lead to great unnecessary expense. The Court requires an experienced civil attorney with civil trial experience because (A) civil law and procedure is substantially more complex than criminal law and family law, (B) the judge should avoid making mistakes which will cause the parties money either in delaying justice or in forcing them to appeal mistaken rulings which is expensive, slow, and frustrating.
#3 The Court should have standing orders on the website, so the parties and attorneys may see the regular Court procedures and may benefit from regularity in the litigation process.
#4 The Court should consider as many motions as possibly by written submission rather than oral hearings in order to save time and expense.
#5 The Court should not have in-person pretrial conferences, unless the Court has assigned a case to trial and must rule on pretrial motions immediately before jury selection.
#6 The Court should pick sufficient numbers of juries at the beginning of each 2-week trial docket in order to make certain that the Court will conduct jury trials throughout the two-week period.
#7 The Court should hold ancillary hearings on one regular day each week. Fridays have become very busy days for attorneys in Montgomery County, because many of the Courts now hold their ancillary hearings on Fridays. I will consult with the members of the Montgomery County Bar Association and the Woodlands Bar Association to find out whether the 457th District Court should hold its hearings on Fridays as well or whether another day would be better.
#8 The Court should interact regularly with attorneys with respect to Court procedures in order to receive input from them on how well procedures are working. Of course, neither attorneys nor litigants should speak with the Judge about a particular matter.
The 457th District Court will be in session approximately 248 days per year when I am the District Judge. The Court will not be in session on County holidays. I do not usually take vacations other than some of those holidays. I intend to work on weekends and many of the holidays making rulings and studying case files in order to ensure proper management of every case.
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?
A Supreme Court Justice should follow the Original Intent of the United States Constitution and of the Amendments thereto. Judges should follow the law and not legislate new law from the bench. Judges should avoid politics when acting as judges.
Of the nine current Supreme Court Justices, the one whom I respect the most is Associate Justice Samuel Alito. Justice Alito has carefully followed Original Intent through most of his career first on the Third Circuit Court of Appeals and now on the Supreme Court. He has carefully followed legislative intent and the rules of statutory construction throughout his judicial career. His 1992 dissenting opinion in Planned Parenthood versus Casey was both brilliant and right on the mark. Justice Alito does not make up law from the bench.
Of the nine current Supreme Court Justices, the one whom I respect the least is Associate Justice Stephen Breyer. He doesn't follow the law but, instead, applies his humanist beliefs to decisions and treats the Supreme Court as a "Super Legislature." I wrote an amicus brief in Marshall versus Marshall, which applied economics principles to the legal analysis in that case. After I filed the brief in early 2006, I received a telephone call from one of Justice Antonin Scalia's law clerks who told me that Justice Scalia loved the brief I had submitted and invited me to attend the oral argument as his guest. I did attend the oral argument in that case. I had an opportunity to speak with Mr. Pierce Marshall at length. He thanked me for the brief I had filed which supported his position in the case. During the oral argument, however, Justice Breyer's behavior in the Courtroom was appalling. He was obviously fixated on Anna Nicole Smith and kept making stupid jokes obviously in order to impress her. I have not had any respect for him since I witnessed that behavior.
Do you think judges should be elected by the people, or appointed by a commission?
I agree with Plank 200 of the Republican Party of Texas Platform which provides "We support our right to select our judges by direct vote."
The news media must apply much more careful scrutiny to judicial candidates and then disseminate as much information as possible. Judicial candidates may express their opinions on political issues. The citizens as well as the media should press judicial candidates to do so.
What amount of indigent defense is appropriate for the State/Montgomery County? And why?
$6,265,600.00.
Montgomery County has done a poor job managing the cost of indigent legal defense. While the 457th District Court will be a Civil District Court, as the District Judge, I will sit on the Board of Judges. The Board of Judges participates in the management of indigent legal defense costs through the Office of Court Administration, which the Board oversees.
Under the law, Gideon versus Wainwright and its progeny, an indigent criminal defendant has the right to a reasonable legal defense in order to afford due process. The Board of Judges, Office of Court Administration, and Commissioners Court must take a hard look at why Montgomery County's indigent defense costs are so much higher than other comparable counties.
As a member of the Citizens Budget Committee, I have looked at the growth of the cost of Indigent Defense. The spending growth rate has far exceeded the population and inflation growth rate. If one were to roll back to 2000 and then increase the spending growth rate for Indigent Defense at a maximum level equal to the population growth and inflation, the number actually would be around $5,000,000. The $6,265,500.00 is a 20% reduction of the current budget. It's the ceiling of how much we should be spending. With proper management by the Director of the Office of Court Administration with respect to hours worked and additional expenses for each case, I believe we should easily get to a number of $6,265,500.00 or lower. If that is not possible, then Montgomery County should establish and utilize a Public Defender's Office, which most assuredly would cost that amount or lower.
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 are a legislative issue, which the Texas Legislature must address. Courts should not legislate.
There are two major areas where Courts, including the 457th District Court, must apply Constitutional standards to civil forfeiture cases. First Courts must provide scrutiny to ensure that there is a strong nexus between alleged "contraband," i.e., the property made the subject of the asset seizure, and the alleged crime. Second, particularly after the Supreme Court's unanimous decision in Timbs versus Indiana in 2019, courts must evaluate whether the amount of the asset seizure constitutes under the "excessive fines" clause in the Eighth Amendment. (I agree with Justice Neil Gorsuch's analysis in his concurring opinion in that case that the appropriate analysis arises under the Privileges or Immunities Clause of the Fourteenth Amendment.)
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?
The Board of District Judges voted in July, 2019, only to assign civil cases to the 457th District Court, which has not yet commenced operation.
I have handled civil litigation matters for 30 years. For 29 years, civil litigation has been 100% of my law practice. I now work about 80 hours per week in my law practice. Prior to 2016, I worked about 100 hours per week in my law practice.
I'm Board Certified in Consumer and Commercial Law by the Texas Board of Legal Specialization. I've been Board Certified since 1995.
I served on the Consumer and Business Committee of the State Bar of Texas, which wrote the Texas Pattern Jury Charges. I've handled many appeals in state and federal courts.
My law practice has included general civil litigation and complex bankruptcy litigation. I do not handle plaintiff's personal injury matters and have never done so. I do some insurance defense work.
I am not planning to ask to change the case allocation or case type assigned to the 457th District Court.
In your view, what is the threshold for determining constitutionality of a legislative act? or a challenge to it?
A court should hold a legislative act unconstitutional only if it clearly violates the Original Intent of the Constitution. Courts should not use constitutionality determinations as a pretext to legislate from the bench.
Please list civic, political or union organization or individuals to whom you have contributed (five years):
I have contributed money to the Leukemia and Lymphoma Society, to the Knight Cancer Institute, and to MD Anderson Cancer Center. I have contributed money to the Montgomery County Republican Party, the Republican Party of Texas, Texans for Lawsuit Reform, Texas Right to Life, Montgomery County Food Bank, the Federalist Society, and the Montgomery County Fair Association. I have contributed money to the Victory 2018 Steering Committee PAC, the Freedom & Liberty Conservatives PAC, the Montgomery County Tea Party PAC, the Montgomery County Tea Party, the Texas Patriots PAC, and the Children's Hope PAC. I've contributed money to a super PAC which supported President Trump's election in 2016.
I have contributed money to dozens of Republican political candidates during the past five years. I supported President Trump's election in the 2016 election cycle since 3 days before he announced his candidacy. Locally, the candidates whom I have supported the most (in dollars) are State Representative Steve Toth, who is one of my best friends personally as well as politically, and Montgomery County Judge Mark Keough, who is my Pastor as well.
If you consider a church a "civic" organization, then I've given money to Woodlands Bible Church as well.
Please list all conservative groups for which you are or have been a member, and list any positions held in each group.
Montgomery County Tea Party. (Since 2016).
Texas Patriots PAC. (Since 2016).
Freedom and Liberty Conservatives PAC. (Served on Board until 2018.)
Children's Hope PAC. (Chairman of the Board until May 5, 2019. Was on Board until November 18, 2019.)
Montgomery County Republican Party. I was a Precinct Chairman. I became a Life Member of the Round Table some time in the mid-1990s.
I was the Founder and President of the Republican Leadership Council. I resigned as President in 1999.
Federalist Society. (Been a member for over 25 years.)
Texans for Lawsuit Reform. (Been a member for over 25 years.)
American Conservative Union. (Not a member any longer.)
Texas Right to Life. (Since around 2017).
Empower Texans and Texans for Fiscal Responsibility. (Since 2016).
Please list who is endorsing you and what their relationship to you is?
The following is my Steering Committee only. All of them are friends. I am working on an endorsement list which is much larger.
Hon. Alan B. Sadler, Former Montgomery County Judge, Chairman
Hon. R.A. “Mickey” Deison, Former Montgomery County Judge, Treasurer
Hon. Steve Toth, State Representative, District 15
J. Randal Bays
Kelli Cook
Samuel Allison
Kevin Bayer
Penny Martin Benbow
Robbie Benson
Jerry Benzel
Vickie Benzel
David Berka
Rachel Bingham
Terrence Boggs
Tim Bowersox
Ray Burgess
Ashley Burke
Mark Byrne
Phill Cady
John Causey
Hon. Jim Clark
Greg Cook
Paul Crowson
Sandi Curtis
Mark Dooley
Jim Doyle
Paul Edwards
Kaye Fawn
Kenn Fawn
Janet Fincher
Rusty Fincher
Art Galloway
Diana Gebolys
Paul Gebolys
Darla Gordon
George Gordon
Bob Gustavsen
Martha Gustavsen
Ellen Glaser
Pete Goeddertz
Evelyn Guerra
Florencio Guerra
Tammy Hadley
William Hadley
Duane Ham
William Harrison
Dennis Hudgens
Mary Jo Hudnall
Oscar Hudnall
Tom Hughes
Dale Inman
Kelley Inman
Jonna Johnson
Rachael M. Jones
Edward Joyal
Adrian Kaiser
David Kleimann
Bill Leigh
Chuck Lewis
Raquel Lewis
Alan Mann
Hon. Guy Martin
Sandy Martin
Sarah Menotti
Jim Morris
Amy Neugebauer
Ken Neugebauer
John Nickell
Bill O’Sullivan
Lynn O’Sullivan
Lucinda Owen
Rigby Owen, Jr.
Kelly Owens
Travis Owens
Greg Parker
Tasha Parker
Al Pell
Bill Philibert
Earl Pryor
Reagan Reed
Allan Reitzer
Jack Riley
Brett Rogers
Suzanne Rogers
Calvin Russell
Ginger Russell
Mimi Sadler
Joe Sager
Simon Sequeira
Scott Shaver
Bob Smith
Jennie Stevenson
Michael Stoecker
David Ward
Mary Ward
Vickie Warner
David Watkins
Kyle Watson
David Weber
Walter West, Jr.
Fred Wetz
Kevin Williams
Raymond Withrow
Clayton Young
Ginny Young
Karen Zeller
You are asking for the Republican nomination, what have you done to give back to the GOP?
In 2018 and 2019, I:
- contributed to local Republican candidates, numerous Republican candidates for the Texas Legislature, and several statewide candidates
- contributed to the Montgomery County Republican Party Victory 2018 Steering Committee (92% of their total contributions came from me personally giving funds for the General Election campaign),
- formed a PAC named the Freedom & Liberty Conservatives PAC which spent over $150,000 (about 98% my money) in local races in the Primary Election and General Election and did polling (using a national polling firm) of certain races and targeted mailers,
- contributed about 95% of the funds for the Children's Hope PAC which worked with the Montgomery County Republican Party and the Texas Patriots PAC to defeat an $807 million school bond on May 4,
- was one of the largest contributors to the Texas Patriots PAC in both 2018 and 2019
- was one of the largest contributors to the Montgomery County Tea Party PAC in 2018 (I don't know about 2019)
- spent about $200,000 in Facebook advertisements during 2018 in the Primary Election and the General Election through my online newspaper, The Golden Hammer, which supported Governor Abbott and all of the other Republicans running for election and re-election
- spent over $75,000 in Facebook advertisements during 2019 for the two Conroe ISD bond elections
- designed a Platform Comparison chart which Montgomery County and Texas Eagle Forum have used (update every election cycle but I've ben doing that for them for almost 20 years)
- led the messaging and strategy for the Freedom & Liberty Conservatives PAC, the Children's Hope PAC, and the Montgomery County Republican Party Victory 2018 Steering Committee.
I've recently been involved in several campaigns:
- Children's Hope PAC campaign against Conroe ISD's second bond set for referendum on November 5
- "Taxpayers Fight Back" campaign of the Freedom & Liberty Conservatives PAC which is a campaign against the CISD bond, for Proposition 4 on November 5 on the state income tax, for pro-ethics and anti-spending candidates in the Primary Election, and for Republican candidates in the November General Election
- I've turned over the Publishing duties in The Golden Hammer to Mrs. Kelli Cook
- contributing to candidates as they hold fundraisers
- working on the messaging and strategy for three local campaigns.
I have every intention of working as the 457th District Judge as hard as a person can work. I usually only sleep about an hour every night, so that gives me a bit of an advantage. Nevertheless, I'll also campaign for election as hard as a sitting judge can and I intend to speak out on Republican issues in order to benefit the entire Republican ticket and the Republican Party while taking great care to follow the limitations of the Judicial Conduct Code.
I supported President Trump beginning three days before he announced his candidacy for President in June, 2015. I gave him the maximum contribution and have done so every year. I've also given money to pro-Trump PACs.
I've served as a State Convention Delegate, Senatorial Convention Delegate, Senatorial Convention Resolutions Committee member, and Precinct Chairman in the Republican Party. I haven't been a Precinct Chairman in about 20 years.
I've given money to the National Republican Congressional Campaign Committee and attended several of their events.
I'm a member of a couple of Montgomery County Republican Party committees.
That's the recent stuff only. I've been involved in the Republican Party since 1976 (at the age of 15).
