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February 17th, 2020:

Judicial Q&A: Amparo Monique Guerra

(Note: As I have done in past elections, I am running a series of Q&As for judicial candidates in contested Democratic primaries. This is intended to help introduce the candidates and their experiences to those who plan to vote in March. I am running these responses in the order that I receive them from the candidates.)

Amparo Monique Guerra

1. Who are you and what are you running for?

My name is Amparo Monique Guerra and I am running for Justice, First Court of Appeals, Place 5. I am a lawyer, judge, mom of three children, and wife. I am the first Hispanic partner in my law firm. I have 17 years’ experience as a litigator, at both the trial and appellate levels, in state and federal courts throughout Texas and the U.S. I handle complex cases for a wide range of clients, from individuals to large multi-national corporations. When I was originally appointed to be a Municipal Judge for the City of Houston in 2005, I was the youngest sitting judge on the court, having been appointed at 28 years old.

I am a graduate of Rice University (double-major in Sociology and Latin American Studies), where I was on the President’s Honor Roll. I obtained my J.D. from the University of Houston Law Center, which awarded me a Dean’s Merit Scholarship, as well as Public Interest Fellowships to work with Texas Rural Legal Aid, and with Farmworker Legal Services in Michigan.

I clerked for a U.S. District Judge immediately following law school. I look forward to bringing my background, strong work ethic, and experience as a lawyer and a judge to the Court of Appeals.

2. What kind of cases does this court hear?

The intermediate courts of appeals hear civil cases (including, but not limited to, business, family, probate, and personal injury) and criminal cases (except death penalty cases, which are appealed directly to the Texas Court of Criminal Appeals) from the trial courts throughout a ten-county district, which includes Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Grimes, Harris, Waller, and Washington Counties.

3. Why are you running for this particular bench?

Public service has always been a passion of mine. My mother (Retired Justice Linda Yanez) was the first Latina on a court of appeals in Texas. I was a federal judicial law clerk for U.S. District Judge Filemon Vela immediately following law school. Judge Vela showed me that the duties of a judge include being an excellent jurist, but should also extend beyond the courtroom to the community it serves. He often had us law clerks speak at schools and at naturalization ceremonies. In addition, we were instructors in a pre-law academy for undergraduate students. He and my mom instilled in me how one can use a law degree to serve the community, and so as soon as I could be a judge, I became one at 28 years old. As a judge, I treat everyone with dignity and respect no matter who they are or where they come from.

I am the first Hispanic partner at my law firm, and I have been promoting diversity on the bench for years. When I saw that Democrats could win seats at the courts of appeals here (which essentially had not happened in about 20 years), I was ecstatic, but when I looked at the composition of the bench, I noticed that the court sorely lacked the diversity that I know this community embodies. Houston is the most diverse city, and Fort Bend is the most diverse county in the country; however, our courts of appeals have no African American and no Hispanic justices. This is the perfect opportunity for me to utilize my unique background, education, exceptional legal skills, and experience as a judge to serve my community in a greater capacity.

4. What are your qualifications for this job?

In addition to the qualifications listed in response to Question 1, I am eminently qualified to be a justice on the court of appeals because I have a wide breadth of experience as a lawyer handling cases throughout Texasin federal and state, trial and appellate courts, and other states, and I have judicial experience in a criminal court.

My most notable strength is my ability to dive into complex legal issues, and quickly master and apply the law to the facts. I have a varied background representing all types of clients from individuals and families, to business of all sizes, including sole proprietorships and large multi-national corporations. In fact, for the past four years, I have served as lead counsel for the largest corporation in the world in state and federal courts in Texas and Colorado.

I have experience as a federal judicial law clerk, and as a trial court judge, having presided over many trials. Therefore, I know firsthand what it means to make decisions from the bench that effect litigant’s lives, and the profound responsibility that entails. I have a deep respect for the rule of law, and I strive to apply the law in the most just way possible.

I handily won the State Bar of Texas Judicial Poll, which shows that more lawyers prefer me and find me more qualified than my opponent in the primary. I am humbled by the outpouring of support I have received during this campaign from elected officials, and highly respected members of the bar, including criminal defense lawyers, civil litigators, personal injury lawyers, legal aid lawyers, appellate practitioners, criminal law and appellate law professors, in-house counsel, and a former Justice on the Court of Criminal Appeals (the highest criminal court in Texas).

5. Why is this race important?

As stated in my response to Question 2, this is a court of general jurisdiction that hears civil and criminal cases from its ten-county district. Unlike the Texas Supreme Court (Texas’ highest court for civil cases), and the Court of Criminal Appeals (Texas’ highest criminal court), which decide which cases to accept on a petition for review, the intermediate courts of appeals must issue opinions regarding each and every case that is appealed to them. Because fewer cases are appealed to our two supreme courts, and those courts do not accept review of every case, the intermediate courts of appeals are often the last word on many important legal issues. Where there is no opinion from the two supreme courts on an issue which an intermediate court of appeals is called to decide, that appellate opinion controls the lower/trial courts within the court of appeals district.

6. Why should people vote for you in the primary?

I have a wide breadth of experience in my seventeen years of practice, in addition to being a judge. I have worked in legal aid clinics, municipal and federal courts, as well as law firms of all sizes—small, mid-size, and large. I am the only judge, the only woman, and the only person of color in this race. I am the first Hispanic partner at my law firm. I have 3 children, 2 jobs, and a husband who is a tremendous partner.

I have an outstanding reputation among my peers for excellent research and writing and oral advocacy skills, as well as a keen ability to dive into complex legal issues, swiftly master and apply the law to the facts, and successfully advocate for my clients. I do all of this in an environment where I am typically the only woman and/or the only person of color among my colleagues and opposing counsel.

I have demonstrated I have judicial temperament on the bench. I am a vetted and trusted public servant. I was repeatedly reappointed to serve as a municipal judge because of my impeccable record of integrity, impartiality, and strong work ethic (I handle a demanding law practice full-time, and I serve on the municipal court part-time).

I have represented all types of clients from individuals and families, to businesses of all sizes, including sole proprietorships, small businesses, and national, as well as multi-national, corporations. In fact, I have been lead counsel for the largest corporation in the world for the past four years, handling cases for it in state and federal courts in Texas and Colorado.

I have experience handling very complex (and typically very high-dollar) matters, not just run-of-the-mill cases, in the following areas: business disputes including business torts and breach of contract cases in various industries, such as energy, oil & gas (including Outer Continental Shelf Lands Act matters), medical care, real estate, and insurance; employment and ERISA litigation and advice; consumer litigation; insurance coverage and bad faith; civil rights; receivership; Carmack Amendment; toxic/mass tort; and personal injury, including wrongful death. I also serve as a guardian ad litem in personal injury cases involving minors.

My education has been in highly competitive academic environments. I have always been a studious person ever since I was very young. When I was in seventh grade, I was selected based on my exemplary achievement test scores by the Duke University Talent Identification Program to sit for the SAT with high school students. My scores prompted interest in me by an organization called A Better Chance (ABC), which places academically gifted students in selective college preparatory schools throughout the country. Through ABC, I was accepted to and received a full scholarship to attend St. George’s School in Newport, Rhode Island as a boarding student. I attended St. George’s for all four years of high school and graduated with distinction. While in high school, I worked during one summer with Mano A Mano, a March of Dimes organization in Brownsville. I worked in medical clinics for indigent people in very impoverished areas on both sides of the border, and did community outreach to educate and disseminate information to women regarding proper prenatal health. This program was, in large part, a response to the prevalence of encephalitic births on both sides of the border. Working in clinics in Mexico and Brownsville without electricity or running water, and witnessing the lives of those much less fortunate than I impacted me greatly and reinforced my interest in public service. That experience showed me two worlds – one of extreme wealth in New England, and another of extreme poverty on the U.S.-Mexico border. That juxtaposition has stayed with me and informs much of what I do and how I think about social justice issues.

I am multi-lingual—an invaluable asset in this most diverse area of the country. I am fluent in Spanish from my family background and formal education. I have a Superior Certification in Legal and Commercial Spanish from the Chamber of Commerce in Madrid, Spain. I also speak Portuguese and Italian.

When I set my mind on a goal, I give it my all. My candidacy is no exception. My hard work is one of the many reasons I have been awarded every organizational endorsement granted to date in this race. My organizational endorsements are in addition to my many individual endorsements from elected officials and well-respected lawyers.

My election will change the face of the court of appeals where we sorely lack diversity. This court of appeals district includes ten counties, including Harris and Fort Bend. It is well-known that Houston is the most diverse city, and Fort Bend is the most diverse county in the country; yet, our courts of appeals do not reflect our rich diversity. We need diversity, not for diversity’s sake, but to have a mixture of backgrounds and ideas at the table on this multiple judge court. My mother, Retired Justice Linda Yanez, was the first Latina to serve on a court of appeals in Texas. She left a legacy I would be honored to continue here on the Houston court of appeals.

I will apply my strong work ethic, unique background, education, exceptional legal skills, and experience as a judge when I am elected to the court of appeals, where I will continue to be a hard-working judge ruling on cases expeditiously with respect for the rule of law.

HISD takes a step towards a bond referendum

Just a step. If there’s to be a bond referendum on the ballot, this year or later, they’ll have to vote again to authorize that.

Houston ISD trustees kept hopes alive for a November bond election during Thursday night’s board meeting, voting to approve spending on a facilities assessment that must be completed before asking residents to provide tax dollars for campus and security upgrades.

Board members voted 6-3 to spend up to $5 million on the assessment, which will document the conditions of HISD’s aging schools, space needs for campuses and demographic trends in the district. District officials said they will use the assessment to guide the creation of any bond proposals, which remain in the early stages of development.

[…]

Trustees and administrators who backed the assessment argued the analysis will provide vital information needed to create an accurate and updated picture of the district’s facilities needs. HISD last commissioned a facilities assessment in 2016, but the work only documented building conditions, with no alignment to academic and space needs.

Three trustees voted against the bond — Judith Cruz, Dani Hernandez and Elizabeth Santos — amid questions about timing of the assessment.

Board members and Lathan have not held extensive discussions about their detailed vision for the district since January, when four new trustees joined the nine-member board.

In addition, public trust in the district has waned over the past two years following extensive in-fighting, as well as the possible ouster of elected trustees due to multiple findings of misconduct by board members and chronically low ratings of Wheatley High School.

“It feels rushed, and I want to make sure we’re doing this the best way possible,” Cruz said.

The vote came after nearly 20 students, parents and educators spoke in favor of rebuilding crumbling schools, describing outdated facilities that disappoint children and scare away prospective families.

See here for some background, and here for a preview story from Thursday, when the vote was taken. The last bond was in 2012, and it’s getting to be time to do some more capital spending. Previous bonds have passed without too much commotion, and even with HISD’s current issues I think they’d be able to get one passed this year, if they do a decent enough job presenting what it would do and get sufficient buy-in from the community. The looming TEA takeover may work in their favor, as I for one have no idea whether a board of managers could or would attempt to authorize a bond, and waiting around for another four or five years seems like a terrible idea. Let’s see what the assessment says and we’ll go from there.

Endorsement watch: Ogg and Moore

Two (*) big endorsements on Sunday, in the races for District Attorney and Commissioners Court, Precinct 3. Let’s do the thing.

Kim Ogg for District Attorney:

Kim Ogg

“We are in the midst of righting a lot of wrongs,” Ogg told the Editorial Board during a meeting with all four candidates in the race. “What needs to be done is the prosecution of the officers involved, the reform of the way we prosecute and, eventually, the reform of the way drug cases are investigated.”

That’s a lot of talk of change for an incumbent who has left herself open to attack over her apparent tepidness on bail reform, most notably her last-minute objection last year to the settlement in the lawsuit over misdemeanor cash bail. Two of her opponents — senior prosecutors who left the district attorney’s office last year — have centered their campaigns on arguments that she’s failed to live up to her own reform pledges.

It’s true — Ogg has expressed concerns about the way the bail reform agreement has been implemented. But voters shouldn’t mistake her calls to tap the breaks — even if her foot is sometimes a little heavy — as a disavowal of her record, which is overwhelmingly for change.

During her first term, she has supported bail reform, expanded jail diversion for low-level misdemeanor offenders with mental health issues, and implemented a diversion program for people caught with small amounts of marijuana, cutting pot arrests by more than half and saving the county millions. She was years ahead of other reform-minded district attorneys in America’s big cities, from Dallas to Philadelphia.

I would encourage you to go listen to the interviews I did with the three main DA candidates (Todd Overstreet isn’t running a visible campaign) if you haven’t done so already: Kim Ogg, Carvana Cloud, Audia Jones. The Chron endorsement does a good job of capturing what this race is about, however you feel about the candidates. Kim Ogg has made real progress, not as much as people might have liked or expected and not without some missteps and backsliding, in an office and a culture that was long overdue for that kind of change. Whether you think she can and should have done more, and whether you think she can and should be doing it at a more rapid pace, will inform your vote in the primary.

Michael Moore for County Commissioner, Precinct 3:

Michael Moore

Moore’s attention to detail and practical focus on flood mitigation, infrastructure, traffic, an underfunded hospital district and other challenges in a growing region are why we recommend him for Precinct 3 Commissioner in the Democratic primary.

Moore, 57, whose private sector work includes communications for BP and regional vice president for Texas Central Partners’ high-speed rail, is well-versed in the intricacies of issues and policies that face county government. Thanks to his communications background, he can also explain the stuff in plain English.

White, his former boss, vouches for Moore’s “servant’s heart and personal integrity.” And Moore is trying to prove that White’s brand of bipartisan pragmatism isn’t passé in this increasingly polarized political climate. His pledge to “work with anyone, anywhere to get results” may not charm partisans, but it’s a more productive mentality than sometimes prevails among Democrats on the court these days.

While Moore has insider cred, he pledges to govern with transparency and efficiency. Based on his six-year track record with White, we believe him.

Let me tout my interviews here as well: Diana Alexander, Michael Moore, Morris Overstreet, Kristi Thibaut. The Chron didn’t think Overstreet or Alexander had sufficient relevant experience, and didn’t think Thibaut articulated a good case for herself. You can listen to the interviews and judge that for yourself.

The endorsements we are still waiting for: US Senate, Congress (all races), Railroad Commissioner, Supreme Court and Court of Criminal Appeals, SD13, Tax Assessor, HCDE, and County Commissioner, Precinct 1.

(*) – They also endorsed Brenda Stardig on the Republican side for Precinct 3, and Amy Klobuchar for President, which shocks me not at all.

Nuro set to roll out

Ready or not, here they come.

Self-driving delivery vehicles that carry no humans will hit Houston roads next month.

Nuro, a San Francisco technology company, is planning to deploy its next-generation autonomous delivery vehicles in Houston after receiving federal approval. The R2, which features climate-controlled compartments and 360-degree cameras, radar and sensors, will carry grocery orders from Kroger and Walmart to customer’s homes, starting in March.

Nuro last year began piloting self-driving Prius cars in Houston, but the delivery vehicles still had a human driver and passenger to oversee the technology. The R2, which weighs about 2,500 pounds and has a maximum speed of 25 miles per hour, will have no human driver or passenger.

[…]

Several grocers, including Kroger, Walmart and H-E-B, are testing self-driving grocery delivery service in Texas. Supermarket chains are investing heavily in new technologies to win over online shoppers. Customers using the autonomous vehicle delivery service will have to pick up their groceries from the vehicle curbside, notified of their arrival via text message. They will use a unique code to pick up their groceries.

See here, here, and here for some background. I am very interested in three aspects of this. One is just how many people will use this service at all, and how that changes people’s grocery shopping habits. You still have to shop, you’re just doing it over an app instead of in person at the store, where your decisions may be affected by the sights and smells of the goods, the samples and specials that are being pushed, whatever other impulses you may have, and what your kids may be nagging you for if they’re with you. I could see this being used more heavily for last-minute and “oops, I forgot I needed this thing and I don’t want to go back to the store” needs than as a full substitute for doing the in-person stuff.

Two, how many people who already use some form of human-delivered groceries will switch to this. The Nuro option will surely be cheaper (and there’s no guilt about tipping), but you have to be home to retrieve the groceries. As I’ve noted before, when we’ve used Whole Foods’ delivery service, we put a cooler on the front porch and have them deliver while we’re at work. That’s a real time and effort-saver for us, and as such it’s worth the extra cost. How tight a delivery window will you get with Nuro? If I know I’m only going to be home or available while I’m at home for a short period of time, do I trust my order will arrive when I need it to? And of course some people will require assistance in bringing their groceries in, and some people will not want to leave their house on days that are cold or scorching hot or rainy to haul bags of groceries inside. How that will break down is not at all clear to me.

Finally, note that the top speed of these things is 25 MPH. That’s nice and safe and very pedestrian-friendly, but it’s also going to mean a lot of aggrieved drivers on Houston’s main roads doing dumb things to get around the Nuro cars. I suspect there will be some number of accidents that aren’t the Nuros’ fault but wouldn’t have happened if they didn’t exist. I can’t wait to see a study about that effect. Also, going back to my second point, how confident will Kroger and Walmart be in the delivery time estimates they give their customers? My guess is their algorithms will have to be tweaked a bit here and there over time. What do you think? Does this option excite you or is it just another tech thing you’ll never use?