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14th Court of Appeals

Runoff roundup

Here, as best as I can determine, are the runoffs of interest for May:

US Senate – MJ Hegar versus Royce West

CD02 – Sima Ladjevardian versus Elisa Cardnell
CD03 – Lulu Seikaly versus Sean McCaffity
CD10 – Mike Siegel versus Pritesh Gandhi
CD17 – Rick Kennedy versus David Jaramillo (D), Pete Sessions versus Renee Swann (R)
CD22 – Troy Nehls versus Kathaleen Wall (R)
CD23 – Tony Gonzales versus Raul Reyes (R)
CD24 – Kim Olson versus Candace Valenzuela
CD31 – Christine Eady Mann versus Donna Imam

Note that Wendy Davis (CD21), Sri Kulkarni (CD22), Gina Ortiz Jones (CD23), and on the Republican side Wesley Hunt (CD07) all won outright. I skipped a couple of Republican runoffs in safe D districts, because life is short.

Railroad Commissioner – Chrysta Castaneda versus Roberto Alonzo

SBOE5 – Robert Morrow versus Lani Popp (R, wackadoo versus what passes for normal)
SBOE6 – Michelle Palmer versus Kimberley McLeod

SD19 – Xochil Peña Rodriguez versus Roland Gutierrez
SD27 – Eddie Lucio versus Sara Stapleton-Barrera

Didn’t mention this yesterday, but Susan Criss prevailed in SD11.

HD02 – Dan Flynn versus Bryan Slaton (R)
HD25 – Ro’Vin Garrett versus Cody Vasut (R, this is Dennis Bonnen’s old seat)
HD26 – Suleman Lalani versus Sarah DeMerchant (D), Matt Morgan versus Jacey Jetton (R)
HD45 – Carrie Isaac versus Kent Wymore (R)
HD47 – Jennifer Fleck versus Don Zimmerman (R)
HD59 – Shelby Slawson versus JD Sheffield (R)
HD60 – Jon Francis versus Glenn Rogers (R)
HD67 – Tom Adair versus Lorenzo Sanchez
HD100 – Lorraine Birabil versus Jasmine Crockett
HD119 – Liz Campos versus Jennifer Ramos
HD138 – Akilah Bacy versus Jenifer Pool
HD142 – Harold Dutton versus Jerry Davis
HD148 – Anna Eastman versus Penny Shaw

Note that in that HD47 primary, one (1) vote separates second and third place, according to the Travis County Clerk. I assume there will be a recount, and even before then late-arriving mail ballots could change this. In the event of an actual tie, there will be a coin flip to determine who goes to the runoff. I’m rooting so hard for that outcome, you guys.

In the HD67 primary, 63 votes separate Lorenzo Sanchez and Rocio Gosewehr Hernandez, or 0.3 percentage points. I would expect a recount there as well, but with a far lesser chance of affecting the outcome.

Lorraine Birabil was the winner of the special election in HD100 to fill out the unexpired term of Eric Johnson, who is now Mayor of Dallas. Anna Eastman was the winner of the special election in HD148 to succeed Jessica Farrar.

14th Court of Appeals, Place 7 – Tamika Craft versus Cheri Thomas

164th District Court – Cheryl Elliott Thornton versus Alex Smoots-Thomas
339th Criminal Court – Te’iva Bell versus Candance White

County Commissioner, Precinct 3 – Diana Martinez Alexander versus Michael Moore

Moore was leading most of the night, but Alexander caught and passed him as final results came in. I don’t care to go through the various Constable and JP races, but the good Jerry Garcia was leading problematic incumbent Chris Diaz going into the Precinct 2 Constable runoff.

Whatever turnout there will be in the runoffs will be driven primarily by the Dem Senate race and the Congressional races on both sides. Won’t be much, but it ought to be a bit more than usual, and surely more on the D side if there were no Senate runoff.

Judicial Q&A: Cheri Thomas

(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.)

Cheri Thomas

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

My name is Cheri Thomas. I am running to be the Democratic candidate for Justice of the Fourteenth Court of Appeals, Place 7. I am a 15-year lawyer with significant appellate and litigation experience. My husband, Lewis Thomas, is a criminal defense attorney. Together, we have three amazing daughters and one fuzzy Samoyed.

2. What kind of cases does this court hear?

The Fourteenth Court of Appeals is an intermediate appellate court composed of nine justices who hear appeals and original proceedings. The Fourteenth Court has jurisdiction over both civil and criminal appeals from lower courts in ten counties: Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Grimes, Harris, Waller, and Washington.

3. Why are you running for this particular bench?

In 2017, I applied for and was selected to be a staff attorney for the Fourteenth Court of Appeals, the same court for which I am now running. In that position, I worked on over 50 civil and criminal appeals, reviewing the record, conducting legal research, and drafting recommendations on various legal matters for the court’s consideration. I know how the court works, and I know what it takes to review appeals accurately and efficiently.

The 2018 election brought new justices to the court, with fresh perspective and a variety of backgrounds. Because the court reviews a wide variety of legal subject matters, justices with different backgrounds act as resources to one another in cases that touch upon their experience. On the Fourteenth Court of Appeals, many of the new justices have experience in criminal law and experience in small firm or solo civil practice. My experience working on complex civil matters in litigation and on appeal will serve as a helpful and necessary resource, balancing the variety of experience on the court.

4. What are your qualifications for this job?

In the last few years, I have worked on more appeals than all my primary opponents combined during the same time period. Not only do I have significant appellate experience, I have significant trial experience. I practiced civil litigation at Baker Botts, LLP, working on a wide variety of civil trial matters, including contract, employment, securities, toxic tort, and personal injury matters in state and federal courts. I then joined Stuart PC, where I represented clients in civil and appellate matters, in state and federal courts all over the country. In 2016, I became a Partner at Stuart PC. I have managed cases at all stages of litigation. My experience as a litigator will give my appellate decision-making depth.

I also clerked for a federal judge. After graduating with honors from the University of Texas School of Law, I secured a federal clerkship working with the Honorable Jorge Solis of the United States District Court for the Northern District of Texas, where I had the opportunity to work on numerous civil cases involving various subject matters.

5. Why is this race important?

Except for death-penalty cases, all cases appealed from district and county courts in the ten counties listed above are considered by the First or Fourteenth Courts of Appeals. Intermediate appellate courts like the Fourteenth Court are often the last courts to review these appeals. The Fourteenth Court must review practically every appeal that comes before it whereas Texas’s highest appellate courts, the Texas Supreme Court and the Court of Criminal Appeals, consider a limited number of appeals.

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

I understand that the court affects real people and real families. I am one of eleven children in a blended family. We have had our own unique set of struggles, and we have experienced struggles that most everyone has experienced: divorce, cancer, death. Voters can count on me to care.

My education and experience have given me the skills I will need to be an excellent Justice: good judgment and the ability to perform rigorous, meticulous legal analysis. I am the only candidate in my race that attended a top-ranked law school or graduated with honors. I am the only candidate that has worked at a leading international law firm or made partner at a law firm. I am the only candidate that has worked in an appellate court (or any court). I was named a “Rising Star” by the Texas Super Lawyers magazine five times, and I was recently elected as a Fellow to the Texas Bar Foundation. Texans are entitled to qualified, fair, and impartial justices. If elected, I will serve honorably. I will work hard, make well-reasoned decisions, and I will treat everyone with fairness and respect.

Endorsement watch: The judges

After a couple of Republican endorsements, the Chron gives us a slate of judicial candidates for the Democratic primary in the district courts. A brief summary:

Singhal in Democratic primary for 1st Court of Appeals, Place 3

We recommend Dinesh Singhal, 52, who has tried more than 25 cases and handled 19 appeals.

Hootman in Democratic primary for 1st Court of Appeals, Place 5

We recommend Tim Hootman, 57, an experienced appellate lawyer who is known for having an atypical legal approach.

Robinson in Democratic primary for chief of the 14th Court of Appeals

We recommend Jane Robinson, 46, who is board certified in civil appellate law by the Texas Board of Legal Specialization.

Kronzer in Democratic primary for 14th Court of Appeals Place 7

We recommend Wally Kronzer, 65, who has extensive appellate court experience in state and federal courts.

Weiman in Democratic primary for 80th Harris County District Court

We recommend incumbent Larry Weiman, 64, who has been on this bench since 2008.

Harvey in the Democratic primary for the 164th Harris County District Court

We recommend Grant J. Harvey, 55, who is a highly regarded litigator who has participated in numerous trials and appeals.

Daic in the Democratic primary for the 165th Harris County District Court

We recommend Megan Daic, 34, for a court that needs a more efficient and decisive judge.

Acklin in the Democratic Primary for the 176th Harris County District Court

We recommend Bryan Acklin, 34, who is a former prosecutor and is now a criminal defense attorney.

Martinez in the Democratic Primary for the 179th Harris County District Court

We recommend Ana Martinez, 39, who gained a sterling reputation as a human trafficking prosecutor before she became a defense attorney.

Moore in the Democratic Primary for the 333th Harris County District Court

We recommend incumbent Daryl Moore, 58, who may be the most respected incumbent running in Harris County.

Kirkland in the Democratic Primary for the 334th Harris County District Court

We recommend incumbent Steven Kirkland, 59, who has been on this bench since 2016 and served on another civil bench and a municipal bench before that.

Gaido in the Democratic Primary for the 337th Harris County District Court

We recommend Colleen Gaido, 39, who is a respected former prosecutor and current criminal defense attorney.

Bell in the Democratic Primary for the 339TH Harris County District Courts

We recommend Te’iva Bell, 39, who has served in the felony courts from three perspectives – as a prosecutor, a criminal defense attorney and a public defender. H

Powell in the Democratic Primary for the 351th Harris County District Court

We recommend incumbent George Powell, 54, who was elected to this bench in 2016.

Phillips in the Democratic Primary for the 507th Harris County District Court

We recommend C.C. “Sonny” Phillips, 59, who has been practicing family law, and occasionally appellate law, for 34 years.

They did actually say more about the candidates they recommend, and they noted who else was on the ballot. Go read all that for yourself. As noted, Weiman, Moore, Kirkland, and Powell are incumbents, while Harvey (Alex Smoots-Thomas), Daic (Ursula Hall), Acklin (Nikita Harmon), Martinez (Randy Roll), and Phillips (Julia Maldonado) are running against incumbents. Here are the Q&A’s I’ve run from candidates in these races:

Tim Hootman, 1st Court of Appeals, Place 5
Jane Robinson, Chief Justice, 14th Court of Appeals
Wally Kronzer, 14th Court of Appeals, Place 7

Grant Harvey, 164th Civil Court
Megan Daic, 165th Civil Court
Bryan Acklin, 176th Criminal Court
Ana Martinez, 179th Criminal Court
Judge Steven Kirkland, 334th Civil Court

Q&A’s from candidates not endorsed by the Chron:

Tamika Craft, 14th Court of Appeals, Place 7
V.R. “Velda” Faulkner, 14th Court of Appeals, Place 7
Lennon Wright, 14th Court of Appeals, Place 7

Cheryl Elliott Thornton, 164th Civil Court
Jimmie Brown, 165th Civil Court
Judge Randy Roll, 179th Criminal Court
Judge Julia Maldonado, 507th Family Court
Robert Morales, 507th Family Court

Q&A responses from Natalia Cornelio (351st Criminal Court) and Cheri Thomas (14th Court of Appeals, Place 7) are in the queue and will be published in the next couple of days. The Chron will do endorsements for the Supreme Court and Court of Criminal Appeals separately, and will not be endorsing in the County Court, Justice of the Peace, and Constable races. That’s one way to get through this long list of candidates and races in a (mostly) timely fashion.

One last thing: As is often the case with these judicial endorsements, I agree with some and not so much with others. The one that surprises me is the endorsement of Judge Powell. After the big deal the Chron made about not endorsing any judge or judicial candidate who didn’t support bail reform in 2018, it’s a bit jarring to see no mention at all of that subject in this context.

Judicial Q&A: Jane Robinson

(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.)

Jane Robinson

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

My name is Jane Robinson and I am running for Chief Justice of the Fourteenth Court of Appeals. The Chief Justice serves as a justice on the Court, performs certain administrative duties, and also represents the Court when interacting with the Governor, the state legislature, and other courts across the state and country.

2. What kind of cases does this court hear?

The Fourteenth Court of Appeals hears civil and criminal appeals from trial courts in ten counties, including Harris, Fort Bend, Brazoria, Galveston, Chambers, Austin, Colorado, Grimes, Waller, and Washington Counties.

3. Why are you running for this particular bench?

After more than two decades in private practice, I am eager for the opportunity to serve the public in a role that I am well qualified for, doing work that I know I will love. Because I am running for Chief Justice, it is particularly important that the winning candidate be well qualified for the role and ready to represent the court when interacting with other courts and branches of government. As a board-certified civil appellate lawyer with decades of experience in a broad range of civil litigation and appellate matters, covering many substantive areas of the law in courts across the country, I think my experience, qualifications, and perspective set me apart.

4. What are your qualifications for this job?

I am an appellate lawyer with extensive experience in both litigation and appeals in state and federal courts. I have been board-certified as a specialist in Civil Appellate Law by the Texas Board of Legal Specialization. I am a partner at Houston litigation boutique AZA, where I handle a wide variety of civil appellate matters, mostly involving business litigation and intellectual property disputes. I graduated from Dartmouth College (magna cum laude) in 1995 and from Duke University School of Law (with honors) in 1998, and practiced in California and North Carolina before moving to Texas over a decade ago with my husband, a professor at the University of Houston. I am a contributing author of O’Connor’s Texas Rules * Civil Trials, the most widely used civil litigation guide in Texas. I have also been selected nationally by my peers as one of the Best Lawyers in America for my appellate work. I am a member of the Texas Bar College and the Houston Bar Foundation, as well as many other professional associations.

5. Why is this race important?

The Fourteenth Court of Appeals, like the other intermediate appellate courts in Texas, is the last stop for the vast majority of the appeals before it. The state’s highest courts (the Texas Supreme Court and the Court of Criminal Appeals) have the discretion to select which appeals they hear, and only a small percentage of appeals are ever heard by either of those courts. The Fourteenth Court shares jurisdiction with the First Court of Appeals over a ten-county area with more than six million residents. Intermediate courts, like the Fourteenth Court, are not only important for the litigants before them, but their opinions set precedent that shape the law in Texas. Most of the laws that affect people’s day-to-day lives are state laws that are interpreted and applied by these very important intermediate courts.

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

I will bring the highest level of qualifications, as well as local and national recognition as a top appellate lawyer, to a tough general election race. The Republican nominee, who is unopposed in the primary, is a sitting justice on the Court with an unexpired term. This means that if she wins, she will begin a new six-year term on the Court and the governor will appoint a replacement to serve out the remainder of her term and run as an incumbent in 2022. I am only the second female partner in my well-regarded Houston litigation boutique firm (the first being Rep. Lizzie Fletcher). I will bring the same drive that I have shown in my career to this critical general election.

Judicial Q&A: Lennon Wright

(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.)

Lennon Wright

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

Lennon C. Wright. I was licensed to practice law on Feb. 3, 1978. I became Board Certified in Personal Injury Trial Law in 1982. In my forty plus years of practice, I have represented individuals, families and small businesses, usually as a Plaintiff’s lawyer. I am runnning for the 14th Court of Appeals, Place 7.

2. What kind of cases does this court hear?

Civil and criminal appeals arising from the county and district courts.

3. Why are you running for this particular bench?

I think the court could use a fresh perspective from someone who has practiced extensively as a plaintiff’s attorney.

4. What are your qualifications for this job?

I have tried over 100 jury trials and handled over 70 appeals. I am the only person in this race who is rated AV Preeminent by Martindale-Hubble.

5. Why is this race important?

For most cases, the court of appeals is the court of last resort. The Supreme Court hears very few cases, so most litigation ends in the court of appeals. As a rule, this court has the final say with regard to what happens in a case.

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

I have the most experience, I am the most qualified, and I am the only one rated AV Preeminent.

Judicial Q&A: Wally Kronzer

(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.)

Wally Kronzer

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

I am Wally Kronzer. I am a candidate for Justice, 14th Court of Appeals, Place 7

2. What kind of cases does this court hear?

This court of appeals is one of the intermediate courts of appeals in Texas. These courts review appeals in all types of civil and criminal cases, except for capital murder cases (which go directly to the Texas Court of Criminal Appeals).

3. Why are you running for this particular bench?

I know the law, and I know court of appeals practices. I also know how court systems operate differently in different counties. The way things are done in one county’s legal community are not necessarily the way things are done in other counties. I understand how courts of appeals decisions affect both sides of the civil docket as I handle cases from all sides of the civil docket. I understand how the law effects employers and in employees as I routinely dealt with both. I also understand how criminal decisions affect individuals and families from my pro bono work.

The courts of appeals need diversity of thought and background. For too long too many justices on the Houston area courts of appeals arguably possessed interchangeable legal backgrounds. The courts of appeals must follow the law, but at times following the law has more than one option. I want to be a voice on the court of appeals asking, “Why is it that we keep following only the one option when the law allows another option?”

That leaves one question – why the 14th Court of Appeals as opposed to the other Houston area court of appeals. It is a two-fold answer. The 1967 Texas Legislature created that court of appeals. Numerous former legislatures reminded me over the years that my father was heavily involved in efforts to create that court of appeals as well as refining the other existing courts of appeals. Another reason is that in 2010 I ran for a position on this same court. Frankly, there is a certain logic and symmetry to my serving on the 14th Court of Appeals.

4. What are your qualifications for this job?

I did some terrific things while in law school. I did it in my early thirties going to school full-time, while working, with a family that included two pre-school children. None of the other candidates for this position are Board Certified in either Civil Appellate Law or Criminal Appellate Law. I achieved Board Certification in Civil Appellate Law within eight years of being licensed.

Many of my court of appeals cases come from outside Harris County. I understand why the non-Harris County judges and lawyers are uncomfortable with the local courts of appeals tendency to focus on Harris County cases. I also understand the relationship between state and federal law as I handle both state and federal appeals. I know what it is like to stand before the Texas Supreme Court, as well as the United States Fifth Circuit Court of Appeals.

I also have extensive court of appeals writing experience. For years Texas appellate courts have been told to tighten their budgets. Judicial candidates do not talk about this even though they should because the courts of appeals continue to face significant funding issues, including staffing levels, to meet budgetary restrictions. While I look forward to having staff attorneys to assist me in drafting opinions, I am well qualified to handle everything myself if the court of appeals must reduce its current staffing levels.

5. Why is this race important?

The Texas courts of appeals (such as the 14th Court of Appeals) decide significant issues in cases effecting individuals and business entities. The courts of appeals are the final word in almost 90% of cases since the higher courts review a limited number of cases.

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

Voting for me adds an experienced court of appeals mind whose case background improved the court of appeals more than any other candidate.

Texas Lawyer’s judicial race coverage

As you know, I’ve been busy with judicial Q&As as usual, but this year I’m not the only one chasing down judicial candidates to ask them why they’d make good judges. Texas Lawyer, a part of the Law.com publication, is flooding the zone with its own Who’s Running For Judge In Texas Elections? 2020 Voters Guide. Normally you need to give Texas Lawyer your email address and are limited to three articles per month – they’ll send you a daily newsletter and breaking news, both of which have highlighted stories that I’ve blogged about that I hadn’t yet seen elsewhere – but they appear to have made this feature publicly available. They’ve got their own Q&As with the candidates, most of whom responded to them, which has some overlap with my own questions – not a surprise, there’s only so much you can ask them because there’s only so much they can ethically say. Anyway, a big thumbs up from me, so go check it out and annoy the critics of our current system by making informed choices in the upcoming primaries.

Judicial Q&A: V. R. “Velda” Faulkner

(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.)

Velda Faulkner

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

I am V.R. “(Velda)” Faulkner. I am a candidate for Justice, 14th Court of Appeals, PL 7.

2. What kind of cases does this court hear?

The 14th Court of Appeals hears intermediate appellate civil and criminal cases appealed from the County Courts at Law and the District Courts, in 10 Counties, which are: Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Harris (the most populous of the 10 counties), Grimes, Waller, and Washington.

For the most part, there is a 3-judge panel who hears each case, unless an En Banc decision is ordered, wherein all 9 justices are ordered to hear and decide the case(s). “An En bank decision is to be ordered to secure or maintain the Court’s uniformity of the Court’s decision or extraordinary circumstances require such.” Tex. R. App. P. 41.2(c).

3. Why are you running for this particular bench?

The 14th Court of Appeals has been in existed for over 52 years. During these years, there has NEVER been an Black American Female elected to this Appellate Court. It is Time to Change the course of HISTORY with this Court!

If elected, I will the first Black American Jurist to sit on this appellate court, which will be a substantial and significant moment in Texas History! I am running for this seat to bring competence, fairness, integrity and justice to the appellate bench, for ALL litigants. I want to inform the public that the 14th Court of Appeals is “The People’s Court,” and everyone, NOT a select few, has the right and is entitled to access to the Appellate Courts and the Appellate Process, as well as to expect judicial fairness and respect.

4. What are your qualifications for this job?

I am a 30+ year veteran lawyer. I have represented clients (both adults, minors and person with disabilities). I have handled complex civil litigation and represented clients on both sides of the docket. I have handled misdemeanor and felony cases, during my 30+ years career. I have handled civil and criminal appellate cases and presented Oral argument before the Court of Criminal
Appeals, the Highest Criminal Court in Texas. I am versed on the appellate process and presentation of Oral argument. I have a Published Criminal Opinion, obtained, during a time of adverse decisions under prior Judicial oversight.

5. Why is this race important?

This race could be a monumental moment in Texas and U.S. History, when THE VOTERS, decide to place me in this position, and not relegate this valuable place of Public Servant to an unwarranted political appointment. I want to be “The People’s Jurist.” I intend to bring integrity, competence, experience and Judicial fairness to the judiciary. Otherwise, our legal system, including our judicial system will continue to fall into decay, anarchy and disrespect. Every litigant has the right of access to the Appellate Courts, without threat or fear of intimidation, exorbitant fees or economic ruin. The Laws of this State and the U.S. Constitution must be followed and applied to ALL cases, regardless of political preference of a learned jurist. The legal procedural guidelines must be adhered to, regardless of individual or political affiliation. All Voters should “Elect” a Jurist, based on the voters’ “initial” selection and not a secondary election-selection.

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

I am ready to begin working as “The People’s Jurist” on my first day at work. I will carefully read, review, carefully listen to litigants or their representatives, then rule on cases, according the Law and Procedure, opining a legally sound decision, for “ALL” litigants. The public needs to know that the 14th Court of Appeals may be a Court of last resort for some people, so it is imperative to Rule, Justly, Fairly and with Impartiality.

Judicial Q&A: Tamika Craft

(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.)

Tamika Craft

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

I am running for the 14th Court of Appeals, Place 7.

2. What kind of cases does this court hear?

I will hear appeals of all civil and criminal cases in the lower courts from the 10 counties covered by the 14th Court of Appeals. The only cases I will not hear are capital murder cases.

3. Why are you running for this particular bench?

I am running for this particular bench because I am qualified to serve as a Justice on the Court of Appeals. Further, there has never been an African American on the 14th Court of Appeals so I am also running to bring diversity and balance to the Court.

4. What are your qualifications for this job?

I have practiced in every area that I will address on the 14th Court of Appeals, including but not limited to, civil law, criminal law, family law, labor and employment law and probate law. I am also a licensed mediator and arbitrator and have conducted hundreds of mediations and arbitrations since 2003. Though I will never hear a capital murder case on the bench, I have been heavily involved in a capital murder case and even attended an execution in 2005. I have also been an Administrative Judge for the Texas Education Agency since 2013 and I have presided over many hearings and written legal opinions to school boards throughout Texas. I am licensed in all Texas district courts, Federal courts and the 1st, 13th and 14th Court of Appeals and in 2017 I became licensed by the United States Supreme Court.

5. Why is this race important?

This race is important there are important issues that are heard and decided at the 14th Court of Appeals and people deserve an experienced Justice on the bench.

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

I am the youngest candidate running for this position but I am also the most qualified and experienced candidate. I have earned and deserve the vote of the people in the Democratic primary.

After-deadline filing review: Courts

Let’s return to the wonderful world of scoping out our candidates. Today we will concentrate on judicial races. Previous entries in this series are for the greater Houston area, Congress, state races, and the Lege.

Supreme Court and Court of Criminal Appeals

I’ve actually covered all of these races, and given bits of info about the candidates, here and here. Go read those posts for the details, and here as a reminder are the candidates’ names and Facebook pages:

Supreme Court, Position 1 (Chief Justice) – Amy Clark Meachum
Supreme Court, Position 1 (Chief Justice) – Jerry Zimmerer

Supreme Court, Position 6 – Brandy Voss
Supreme Court, Position 6 – Staci Williams

Supreme Court, Position 7 – Kathy Cheng
Supreme Court, Position 7 – Lawrence Praeger

Supreme Court, Position 8 – Gisela Triana
Supreme Court, Position 8 – Peter Kelly

Court of Criminal Appeals, Place 3 – William Demond
Court of Criminal Appeals, Place 3 – Elizabeth Frizell
Court of Criminal Appeals, Place 3 – Dan Wood

Court of Criminal Appeals, Place 4 – Brandon Birmingham

Court of Criminal Appeals, Place 9 – Tina Yoo Clinton
Court of Criminal Appeals, Place 9 – Steve Miears

First and 14th Courts of Appeals

Covered to some extent here, but there has been some subsequent activity, so let’s get up to date.

Veronica Rivas-Molloy – 1st Court of Appeals, Place 3
Dinesh Singhal – 1st Court of Appeals, Place 3
Jim Sharp – 1st Court of Appeals, Place 3

Rivas-Molloy and Singhal were mentioned previously. Jim Sharp is the same Jim Sharp that won in 2008 and lost in 2014.

Amparo Guerra – 1st Court of Appeals, Place 5
Tim Hootman – 1st Court of Appeals, Place 5

Both candidates were also previously mentioned. This is the seat now vacated by Laura Carter Higley.

Jane Robinson – 14th Court of Appeals, Place 1, Chief Justice
Jim Evans – 14th Court of Appeals, Place 1, Chief Justice

Jane Robinson has been mentioned previously. Jim Evans was a candidate for Family Court in 2014, and was appointed as an associate judge on the 507th Family Court in 2017, making him the first openly gay family court judge in Texas. He doesn’t have a campaign presence yet as far as I can tell.

Wally Kronzer – 14th Court of Appeals, Place 7
Tamika Craft – 14th Court of Appeals, Place 7
Cheri Thomas – 14th Court of Appeals, Place 7
V.R. Faulkner – 14th Court of Appeals, Place 7
Dominic Merino – 14th Court of Appeals, Place 7
Lennon Wright – 14th Court of Appeals, Place 7

Not sure why this court has attracted so many contestants, but here we are. Kronzer was the only candidate I knew of in that previous post; Cheri Thomas came along a bit later, and the others were all later in the filing period. Texas Judges can tell you some more about the ones that don’t have any campaign presence.

Harris County District Courts

The following lucky duckies have no opponents in the primary or the November general election:

Kristin Hawkins (11th Civil)
Kyle Carter (125th Civil)
Mike Englehart (151st Civil
Robert Schaffer (152nd Civil)
Hazel Jones (174th Criminal)
Kelli Johnson (178th Criminal)
Ramona Franklin (338th Criminal)

The next time you see them, congratulate them on their re-election. The following almost-as-lucky duckies are in a contested primary for the 337th Criminal Court, with the winner of the primary having no opponent in November:

Brennen Dunn, who had been in the primary for the 185th Criminal Court in 2018; see his Q&A here.
Colleen Gaido.
Veronica Sanders.
David Vuong
John A. Clark, whom I cannot positively identify. I hope everyone sends in Q&A responses, but I’m not voting for any candidate I can’t identify. I hope you’ll join me in that.

The following do not have a primary opponent, but do have a November opponent:

Fredericka Phillips (61st Civil).
RK Sandill (127th Civil), who in 2018 was a candidate for the Supreme Court.
Michael Gomez (129th Civil).
Jaclanel McFarland (133rd Civil)
Elaine Palmer (215th Civil).

Natalia Cornelio is currently unopposed in the primary for the 351st Criminal Court following the rejection of incumbent Judge George Powell’s application. That may change pending the outcome of Powell’s litigation in the matter.

The following races are contested in both March and November:

Larry Weiman (80th Civil, incumbent).
Jeralynn Manor (80th Civil).

Alexandra Smoots-Thomas (164th Civil, incumbent). Formerly Smoots-Hogan, now dealing with legal issues of her own.
Cheryl Elliott Thornton (164th Civil), who has run for Justice of the Peace and County Civil Court at Law in the past.
Grant Harvey (164th Civil).

Ursula Hall (165th Civil, incumbent).
Megan Daic (165th Civil).
Jimmie L. Brown, Jr. (165th Civil).

Nikita Harmon (176th Criminal, incumbent).
Bryan Acklin (176th Criminal).

Randy Roll (179th Criminal, incumbent).
Ana Martinez (179th Criminal).

Daryl Moore (333rd Civil, Incumbent).
Brittanye Morris (333rd Civil).

Steven Kirkland (334th Civil, incumbent). It’s not a Democratic primary without someone challenging Steve Kirkland.
Dawn Rogers (334th Civil).

Te’iva Bell (339th Criminal).
Candance White (339th Criminal).
Dennis Powell (339th Criminal), whom I cannot positively identify.
Lourdes Rodriguez (339th Criminal), whom I also cannot positively identify.

Julia Maldonado (507th Family, incumbent).
Robert Morales (507th Family).
CC “Sonny” Phillips (507th Family).

That about covers it. I should do a separate entry for JPs and Constables, and I did promise a Fort Bend entry. So there will likely be some more of this.

UPDATE: I missed Robert Johnson, the incumbent Judge of the 177th Criminal District Court (the court that now has Ken Paxton’s trial), in the first go-round. Johnson had an opponent file for the primary, but that application was subsequently rejected. He has no November opponent, so you can add him to the list of people who have been re-elected.

Filing report update

We’re a week out from the official filing deadline for the 2020 primaries. There’s still a lot of known candidates who haven’t filed yet, but I expect there will be a mad flurry of activity this week, as is usually the case. Don’t be surprised if we hear of an out-of-the-blue retirement or two, as that is known to happen at this time as well. I’m going to take a quick look at where we stand now, and will provide other reports as needed before the deadline on Monday. My sources for this are as follows:

The Patrick Svitek spreadsheet.
The Secretary of State Candidate Information page, which is quite handy and reasonably up to date.
Texas Judges, whose provenance is unknown to me, but they have the most information I’ve found about candidates for statewide and Courts of Appeals judicial races.
Jeff Blaylock’s Texas Election Source – I may be too cheap to subscribe, but the free info he includes is always worth noting.

SBOE

We have a third Democrat in the race for SBOE6, Kimberly McLeod. She is Assistant Superintendent of Education & Enrichment at HCDE and a former professor at TSU. She joins former HCDE Board member Debra Kerner (who has filed) and teacher Michelle Palmer (who had not yet filed, at least according to the SOS, as of this weekend).

We have a filing for SBOE5, the most-flippable of the SBOE districts up for election this year, Letti Bresnahan. Google tells me that a person by this name was a Trustee at San Antonio’s Northside ISD (she is not on the Board now). She was elected in 2008, narrowly re-elected in 2012, and I guess didn’t run in 2016; the Bexar County Elections report for May 2016 doesn’t list the NEISD Position 6 race, so who knows what happened. In 2015, she voted to keep the name of San Antonio’s Robert E. Lee High school; it was subsequently changed to Legacy of Education Excellence (LEE) High School in 2017, by which time as far as I can tell she was no longer on the Board. That’s a whole lot more words than I intended to write about her or this race – and mind you, I can’t say for sure this is the same Letti (Leticia) Bresnahan. I noted this because I’ve been keeping an eye on this race – the district was carried by Hillary Clinton in 2016, it was the bluest of the Republican-held SBOE districts in 2018, and the incumbent is a wingnut. So I was gonna write something when a Dem filed, I just didn’t expect it to be this.

State Senate

Someone named Richard Andrews has filed as a Democrat against Sen. Borris Miles. The Svitek spreadsheet has him as a General Election opponent, but his website clearly says “Democrat”, and the SOS has him as a Democrat. He’s a doctor, and that’s all I know about him.

State House

Current SBOE member Lawrence Allen, Jr, who is the son of State Rep. Alma Allen, has filed in the increasingly crowded Democratic primary in HD26. It’s one of the nine GOP-held districts that Beto won in 2018. Rish Oberoi, Suleman Lalani, and 2018 candidate Sarah DeMerchant have also filed.

Travis Boldt has filed in HD29, in Brazoria County. That was one of two near-miss districts (Beto got 47.0%) in which no Dem was on the ballot in 2018; HD32, which does not yet have a candidate filed, was the other.

Sandra Moore, who lost in the 2018 Dem primary to Marty Schexnayder, has filed to run again in HD133.

Ashton Woods has changed the name of his Facebook page to indicate he plans to run in the primary for HD146, currently held by second-term Rep. Shawn Thierry. He has not filed as of this writing.

So far, no one else has filed to run in the primary for HD148, where Anna Eastman is in the runoff for the special election, and has made her filing for 2020.

First Court of Appeals

I hadn’t gotten into the Courts of Appeals in my previous discussions, but especially after the sweep of these races by Dems in 2018 (and not just on this court), they will surely be of interest to multiple candidates.

Veronica Rivas-Molloy, who has officially filed, and Dinesh Singhal are in the race for Place 3 against incumbent Russell Loyd, who was elected in 2014. The Texas Judges website also lists Keith F. Houston as a candidate, but he appears to have decided not to run.

Amparo Guerra and Tim Hootman have both filed for Place 5, which had been held by the now-resigned Laura Carter Higley. There are three Republicans running so far, and there may be another if Greg Abbott appoints someone to fill the still-vacant seat prior to the filing deadline.

14th Court of Appeals

Jane Robinson is the (so far, at least) lone Democrat running for Chief Justice. I saw her at the HCDP Friendsgiving last month but did not have the chance to walk up and say Hi. The position is held by Justice Kem Thompson Frost, who is not running for re-election. Justice Tracy Christopher, who holds Place 9, is running for Chief Justice. She was last elected in 2016, so she would not otherwise be on the ballot. My assumption is that if she wins, she will move over from Place 9, which will make Place 9 vacant, and Abbott will appoint someone who would then run in Christopher’s spot in 2022. If she loses, she’ll remain in her spot and run for re-election (or not, as she sees fit) in 2022.

Wally Kronzer, who has filed, and Cheri Thomas are running for Place 7. Kronzer ran for Place 5 on this court in 2010. Ken Wise, in his first term, is the incumbent.

District courts

I don’t see any primary challengers yet for incumbent Democratic district court judges. I have heard someone is circulating petitions to challenge Judge Alex Smoots-Thomas, which I think we can all understand. I’m not in a position to say anything more than that as yet.

County offices

Audia Jones has officially filed for Harris County DA. Christian Menefee and Vince Ryan have both filed for County Attorney. Michael Moore has filed for County Commissioner in Precinct 3; Kristi Thibaut and Diana Alexander both announced their filings on Facebook over the weekend, but the SOS has not caught up to those filings yet. Bill McLeod, of accidental resignation fame, has filed to win his old seat on County Civil Court at Law #4 back. Incumbent Judge Lesley Briones has not yet filed. We will have a contested primary for at least one of the two HCDE at large positions, as Erica Davis has filed in Position 5; here’s her appointment of treasurer. Andrea Duhon, who had run for a different HCDE position in 2018, has already filed an appointment of treasurer for this race. David Brown is running for the other spot, Position 7, and as far as I know has no Dem opponent as yet.

Now you know what I know. We’ll all know a lot more in a week’s time.

Mediation fails again

Not really a surprise.

A third round of mediation between Mayor Sylvester Turner and the Houston firefighters union concluded in an apparent impasse Thursday afternoon, ending another attempt to resolve the long-running contract dispute and sending a lawsuit over the matter back to a state appellate court.

The mediation session, ordered by Texas’ 14th Court of Appeals, ended around 2 p.m. at the office of the Baker Botts law firm. After leaving the meeting, Houston Professional Fire Fighters Association President Marty Lancton said city officials “walked” and “absolutely decided they were not going to continue” the session.

“It was crystal clear to myself and to our team that this mayor was not interested in resolving this,” Lancton said. “This is a game of politics by this mayor trying to get past the election.”

See here for the background. This I think sums up the situation well:

The story says that the 14th Court of Appeals will likely not render a verdict until after the election. And let’s be clear, if this election was illegal as the lower court ruled, then there really isn’t much basis for mediation. The city’s position can and should be that any negotiations should be done in the context of the normal collective bargaining process, as the firefighters have been operating without a new agreement for a couple of years now. The firefighters have a good argument that some form of pay parity should be the goal of those negotiations, since the people did vote in favor of Prop B. Unless the 14th Court eventually decides that the lower court ruling was wrong, I’m honestly not sure what else there is to talk about at this point.

UPDATE: Here’s the longer version of the Chron story.

Mediation 3.0

Third time’s the charm, right?

The Houston firefighters union and Mayor Sylvester Turner’s administration will return to mediation Aug. 1 in the hopes of working out a new contract amid a lawsuit challenging the constitutionality of Proposition B.

The ballot measure, which grants firefighters the same pay as police of similar rank and experience, passed last November but was struck down by a state district judge who ruled it unconstitutional and void. The Houston Professional Fire Fighters Association appealed the ruling, sending the case to Texas’ 14th Court of Appeals.

Last month, the appeals court ordered the city and fire union to hold talks within 60 days. The union announced Wednesday the parties had agreed to hold the mediation session Aug. 1, which a spokesperson for the mayor confirmed. The two sides also agreed to have Houston attorney Daryl Bristow serve as mediator.

[…]

Asked Wednesday if there was any reason to expect a deal on the third mediation attempt, Turner repeated his claim that the firefighters deserve a pay raise “the city can afford” and said he would seek to reach a deal.

“The resolution has to be one that’s good for the people of the city of Houston,” Turner said.

See here for the background, and my thoughts on this process, which doesn’t seem any more likely to resolve things now than before, but you never know. They have a different mediator this time, for whatever that’s worth. I don’t know what timeline they may have, but most likely they will either come to an agreement or declare that it’s hopeless in a fairly short period of time.

Appeals court rejects firefighters pension reform lawsuit

This is not related to Prop B. I know, it’s hard to keep all of this straight.

Mayor Sylvester Turner

Texas’ 14th Court of Appeals on Thursday sided with the city of Houston in a lawsuit over Mayor Sylvester Turner’s pension reform plan, which the Houston Firefighters’ Relief and Retirement Fund alleged violates the state constitution.

The firefighters’ pension fund sued Turner and other city officials in May 2017, shortly after the Legislature passed — and Gov. Greg Abbott signed — Senate Bill 2190, the legislation overhauling Houston’s pension systems. Firefighters opposed the measure, while Turner and other officials said it resolved a fiscal crisis that could threaten the city’s fiscal solvency.

In the lawsuit, the Houston Firefighters’ Relief and Retirement Fund argued the pension reform law strips its right under the Texas Constitution to “select legal counsel and an actuary and adopt sound actuarial assumptions.”

The pension fund contended the reform plan’s 7 percent assumed rate of return on investment, now codified in state law, gives the city and its actuaries a role in determining the fund’s cost projections, which the fund’s board of trustees said it alone should control.

See here and here for the background. The suit was dismissed by a district court judge, and the appeals court was basically ruling on whether that judge was correct to dismiss or not. You can read the opinion here, but it’s pretty dense and technical, and my eyes glazed over almost immediately. In short, the appellate court said the trial court judge’s decision was fine. The firefighters’ pension fund, who filed the suit and the appeal, will appeal again, to the Supreme Court. So we’re not quite finished with this yet.

Back to mediation

Give it another sixty days. Maybe it’ll be different this time.

A Texas appeals court Thursday ordered the Houston firefighters union and Mayor Sylvester Turner’s administration back to mediation in the hope the two sides will agree to a new pay contract and sidestep the contentious fight over Proposition B.

The order by the 14th Court of Appeals, which requires the parties to hold talks within 60 days, comes a month after a state district judge declared Prop B unconstitutional, marking the latest twist in a years-long battle between the city and firefighters over pay.

The latest order cranks up pressure on Turner and the firefighters to work together to resolve the issues, said Josh Blackman, an associate professor at the South Texas College of Law Houston.

“Maybe they were hoping the court would bail them out, but the courts aren’t going to assist in this negotiation,” he said. “Why would the court want to get involved in this? It’s such a disaster.”

[…]

State District Judge Tanya Garrison’s ruling that Prop B was unconstitutional changes the dynamics of the negotiations, said Wanda McKee Fowler, a former appellate judge who spent more than 13 years on the 14th Court of Appeals.

“Sometimes it takes more than one mediation for a case to settle,” she said. “There’s benefit in having parties that are going to have a continuing relationship resolve it themselves, rather than have the law to resolve it.”

See here for the background, and here for the court’s order. What this means is that the appeal of the question about whether Prop B is unconstitutional is on hold for the next sixty days. If everyone involved can come to some kind of agreement – remember, the Houston Police Officers Union filed the lawsuit alleging Prop B was illegal, so they are a party to all this as well – then the appeal will be dropped and everyone will go on with their lives. If mediation fails again, then the court gets to decide whether the original ruling that Prop B is illegal was correct. You have to read the order to figure that out (or at least, I had to read it to figure that out), but that’s what this all means.

For that reason, I disagree with Josh Blackmon. This fight isn’t about being bailed out, it’s about who’s right and who’s wrong. Remember, it was the HPOU who filed the lawsuit, in the belief that Prop B would harm them. In a sense, Judge Garrison’s ruling did bail everyone out, in that the city’s financial position improved, no firefighters got laid off, and nothing prevented them from going back to the collective bargaining process. The question at issue here is “Is Prop B legal?” The court’s order is a fancy way of saying “Are you sure you want to ask me that question, or would you rather go off on your own and solve your own problems and leave me out of it?” Frankly, it’s not the court bailing anyone out. From the court’s perspective, they want the litigants to bail them out from having to get involved. KUHF has more.

Prop B layoffs rescinded

No Prop B, no need for layoffs. Funny how that works.

Mayor Sylvester Turner

Houston City Council on Wednesday formally reversed the 220 firefighter layoffs and hundreds of demotions it approved earlier this year, making official Mayor Sylvester Turner’s pledge not to lay off or demote any firefighters in the aftermath of a judge’s ruling that Proposition B is unconstitutional.

Before a state district judge threw out Prop B, the voter-approved charter amendment granted firefighters the same pay as police of corresponding rank and seniority. Turner warned that Prop B would require layoffs to offset the cost of the raises, a point hotly disputed by the Houston Professional Fire Fighters Association. City council voted in April to send firefighters 60-day layoff notices, which the panel unanimously rescinded Wednesday.

The council also voted to reverse more than 400 demotions within the Houston Fire Department. The layoff notices had gone to the lowest-ranking firefighters, initially requiring the city to fill in those positions from the top down through demotions.

“This puts everything back the way it existed prior to that vote,” Turner said.

The city also had sent layoff notices to 47 municipal employees, but Turner already had rescinded those unilaterally because those layoffs did not require council approval.

Councilman Dwight Boykins asked Turner if the layoff reversal would impact Fire Chief Sam Peña’s proposed department restructuring, which would move HFD from a four-shift to three-shift model — a move the union opposes. Turner confirmed that Wednesday’s vote has no bearing on the proposed shift change.

Councilwoman Brenda Stardig also asked Turner if the city plans to recoup back pay granted to firefighters before Prop B was ruled unconstitutional. Some department employees received raises the week before the judge’s ruling.

Turner said his administration is “addressing how to deal with that issue,” but in the meantime he sees the raises as a “credit on future negotiations.” The mayor said last month that he did not intend to “claw back” funds from any firefighter.

Obviously, this isn’t the end. We’re about to have an election that will re-litigate this whole thing – though don’t expect anyone to give a plausible answer to how they would have handled this all differently – and that court ruling has been appealed to the 14th Court of Appeals. But in a real sense, this is over. Whatever happens next, it will occur in a context of Prop B not having happened. So maybe now, at least for a little while, we can talk about something else.

So you want to run for something in 2020

You’re an ambitious Democrat in Harris County. You saw what happened these last two elections, and you think it’s your time to step up and run for office. What are your options that don’t involved primarying a Democratic incumbent?

1. US SenateWe’ve talked about this one. For the record, I would prefer for Beto to try it again. He could win, and would likely be our best bet to win if he does. But if he doesn’t, and if other top recruits choose other options, this is here.

2. CD02 – Todd Litton ran a strong race in 2018 against Rep.-elect Dan Crenshaw, who was almost certainly the strongest nominee the GOP could have put forward for this spot. Crenshaw has star potential, and a much higher profile than your average incoming GOP freshman thanks to that Saturday Night Live contretemps, but he’s also a freshman member in a district that has move dramatically leftward in the past two cycles. In a Presidential year, with another cycle of demographic change and new voter registrations, this seat should be on the national radar from the beginning.

2a. CDs 10 and 22 – See above, with less star power for the incumbent and equal reasons for the districts to be visible to national pundits from the get go. The main disadvantage, for all three districts, is that this time the incumbent will know from the beginning that he’d better fundraise his butt off. On the other hand, with a Democratic majority, they may find themselves having to take a lot of tough votes on bills involving health care, climate change, voting rights, immigration, and more.

3. Railroad Commissioner – There are three RRC seats, with six year terms, so there’s one on the ballot each cycle. Ryan Sitton will be up for re-election if nothing else happens. Kim Olson may be making noises about this race, but so far that’s all we know.

4. Supreme Court and Court of Criminal Appeals – Nathan Hecht (Chief Justice), Jeff Boyd, and whoever gets named to replace the retiring Phil Johnson will be up for the former, and Bert Richardson, Kevin Yeary, and David Newell will be up for the latter. We really should have a full slate for these in 2020. Current judges who are not otherwise on the ballot should give it strong consideration.

5. SBOE, District 6As we have seen, the shift in 2018 makes this look competitive. Dan Patrick acolyte Donna Bahorich is the incumbent.

6. SD11 – As I said before, it’s not competitive the way the Senate seats of interest were competitive in 2018, but it’ll do. It may be closer than I think it is, at least as far as 2018 was concerned. I’ll check when the full data is available. Larry Taylor is your opponent.

7. HDs 138, 126, 133, 129, and 150 – More or less in that order. Adam Milasincic might take another crack at HD138, but it’s up for grabs after that.

8. 1st and 14th Courts of Appeals – There are two available benches on each, including the Chief Justice for the 14th. Justices do step down regularly, and someone will have to be elevated to fill Phil Johnson’s seat, so the possibility exists that another spot will open up.

9. HCDE Trustee, At Large, Positions 5 and 7 – Unless a district court judge steps down and gets replaced by Greg Abbott in the next year and a half or so, the only countywide positions held by Republicans on the 2020 ballot are these two, which were won by Jim Henley and Debra Kerner in 2008, then lost in 2014. Winning them both would restore the 4-3 Democratic majority that we had for two years following Diane Trautman’s election in 2012. It would also rid the HCDE Board of two of its least useful and most loathsome members, Michael Wolfe and Don Sumners. (Ridding the board of Eric Dick will require waiting till 2022, and a substantive shift in the partisan makeup of Precinct 4.) Get your engines ready for these two spots, folks.

10. JP Position 1 and Constable, Precincts 4, 5, and 8 – Dems came close to winning Constable in Precinct 5 in 2016, losing by about one percentage point, but didn’t field challengers in any of the other races. All three precincts were carried by Beto O’Rourke this year, so especially given the limited opportunities elsewhere, one would think these would be enticing options in 2020. And hey, we didn’t field any challengers for JP Position 2 in any of these precincts this year, so there will be another shot in 2022, too.

11. Harris County Attorney – Yeah, I know, I said options that don’t involve primarying an incumbent. Vince Ryan has done an able job as County Attorney, and is now in his third term after being elected in 2008. He has also caught some heat for the role his office played in defending the county’s bail practices. We can certainly argue about whether it would be proper for the person whose job it is to defend the county in legal matters to publicly opine about the wisdom or morality of the county’s position, but it is a fact that some people did not care for any of this. I can imagine him deciding to retire after three terms of honorable service as County Attorney, thus making this an open seat. I can also imagine him drawing one or more primary opponents, and there being a contentious election in March of 2020. Given that, I didn’t think I could avoid mentioning this race.

That’s how I see it from this ridiculously early vantage point. Feel free to speculate wildly about who might run for what in the comments.

Omnibus election report

It’s after midnight, I’ve mostly posted stuff on my long-dormant Twitter account (@kuff), and I will have many, many thoughts in the coming days. For now, a brief recap.

– As you know, neither Beto nor any other Dem won statewide, thus continuing the shutout that began in 1996. However, as of this writing and 6,998 of 7,939 precincts counted, O’Rourke had 3,824,780 votes, good for 47.86% of the total. In 2016, Hillary Clinton collected 3,877,868 votes. It seems very likely that by the time all is said and done, Beto O’Rourke will be the biggest vote-getter in history for a Texas Democrat. He will have built on Hillary Clinton’s total from 2016. That’s pretty goddamn amazing, and if you’re not truly impressed by it you’re not seeing the whole picture. We’re in a different state now.

– Beto may not have won, but boy howdy did he have coattails. Colin Allred won in CD32, and Lizzie Fletcher won in CD07. Will Hurd is hanging on to a shrinking lead in CD23, up by less than 1,200 votes with about 14% of the precincts yet to report. He was leading by 6,000 votes in early voting, and it may still be possible for Gina Ortiz Jones to catch him. Todd Litton (45.30% in CD02), Lorie Burch (44.21% in CD03), Jana Lynne Sanchez (45.25% in CD06), Mike Siegel (46.71% in CD10), Joseph Kopser (47.26% in CD21), Sri Kulkarni (46.38% in CD22), Jan McDowell (46.91% in CD24), Julie Oliver (44.43% in CD25), and MJ Hegar (47.54% in CD31) all came within ten points.

– Those coattails extended further down the ballot. Dems picked up two State Senate seats, as Beverly Powell defeated Konni Burton in SD10 (Wendy Davis’ old seat) and Nathan Johnson trounced Don Huffines in SD16. Rita Lucido was at 46.69% in SD17, but she wasn’t the next-closest competitor – Mark Phariss came within three points of defeating Angela Paxton in SD08, a race that wasn’t really on the radar. Oh, and in an even less-visible race Gwenn Burud scored 45.45% in SD09, while Meg Walsh got to 41.60% against Sen. Charles Schwertner in SD05 (he was just over 55% in that race). We could make things very, very interesting in 2022.

– And down in the State House, Dems have picked up 11 seats:

HD45, Erin Zwiener
HD47, Vikki Goodwin
HD52, James Talarico
HD65, Michelle Beckley
HD102, Ana-Marie Ramos
HD105, Terry Meza
HD113, Rhetta Bowers
HD114, John Turner
HD115, Julie Johnson
HD135, Jon Rosenthal
HD136, John Bucy

Note that of those seven wins, a total of four came from Denton, Hays, and Williamson Counties. The Dems have officially gained a foothold in the suburbs. They also lost some heartbreakingly close races in the House – I’ll save that for tomorrow – and now hold 12 of 14 seats in Dallas County after starting the decade with only six seats. This is the risk of doing too precise a gerrymander – the Republicans there had no room for error in a strong Democratic year.

– Here in Harris County, it was another sweep, as Dems won all the judicial races and in the end all the countywide races. Ed Emmett lost by a point after leading most of the evening, while the other Republicans lost by wide margins. Also late in the evening, Adrian Garcia squeaked ahead of Commissioner Jack Morman in Precinct 2, leading by a 112,356 to 111,226 score. Seems fitting that Morman would lose a close race in a wave year, as that was how he won in the first place. That means Dems now have a 3-2 majority on Commissioners Court. Did I say we now live in a different state? We now live in a very different county.

– With 999 of 1,013 precincts in, Harris County turnout was 1,194,379, with about 346K votes happening on Election Day. That puts turnout above what we had in 2008 (in terms of total votes, not percentage of registered voters) but a hair behind 2012. It also means that about 71% of the vote was cast early, a bit less than in 2016.

– Oh, and the Dems swept Fort Bend, too, winning District Attorney, County Judge, District Clerk, all contests judicial races, and County Commissioner in Precinct 4. Maybe someone can explain to me now why they didn’t run candidates for County Clerk and County Treasurer, but whatever.

– Possibly the biggest bloodbath of the night was in the Courts of Appeals, where the Dems won every single contested race in the 1st, 3rd, 4th, 5th, 13th, and 14th Courts. I count 16 incumbent Republican judges losing, with several more open Republican-held seats flipping. That is utterly amazing, and will have an impact far greater than we can imagine right now.

– Last but not least, both Houston propositions passed. Expect there to be a lawsuit over Prop B.

The Courts of Appeals

The other judicial races where Dems have a chance to gain ground.

Republicans dominate Texas politics — but their stranglehold is especially noticeable in the courts.

Republicans hold all 18 seats on the state’s two high courts. Of the state’s 14 appeals courts, Democrats hold majorities on just three. On the other 11 courts, Democrats have no seats at all.

Democrats are hoping to flip that advantage on Election Day. In their eyes, the stars have aligned. They have a high-profile liberal darling running a competitive race for U.S. Senate at the top of the ticket. They have a controversial Republican president expected to generate backlash in his first midterm election. And enough judicial seats are up for election that Democrats could flip the four sprawling appellate court districts that serve Austin, Dallas and Houston. Hillary Clinton won those districts in 2016, but the courts are currently held entirely by Republicans.

If Democrats can sweep those races in 2018, they’ll take control of half the state’s appeals courts. And strategists say that goal is in sight.

[…]

No Democrat has been elected to the Dallas-based 5th Court of Appeals since 1992. The six-county district includes liberal-leaning Dallas, but also some of Texas’ most reliably red areas. In Dallas, as in Houston and Austin, large, urban centers contribute the lion’s share of the judicial district’s electorate, but right-leaning rural and suburban voters in surrounding counties have handed victories to Republicans for the past several election cycles. Only the 4th Court of Appeals, based in San Antonio, has a partisan split with Democrats in the majority. The Legislature controls these maps; the districts have changed only twice since 1967, most recently in 2005.

[…]

Ken Molberg, a district judge in Dallas, ran for 5th Court of Appeals in 2014 and came up nearly 72,000 votes short. This year, in another attempt, he’s confident things will be different. Molberg, a former Dallas County Democratic Party chair, has accumulated several hundred thousand dollars — an impressive sum for such an unstudied race — and said his region of the state is “ground zero for the party this go around.”

“The potential to switch this court in one election cycle is there, and it would be somewhat earthquake-like if that happened,” Molberg said. “It’s a tough race all the way around, but my analysis is that it can be done.”

Molberg is the best-funded of the eight Democrats battling Republicans for seats on the 13-justice court. But he said the slate will likely succeed or fail as a group.

“I don’t think individual campaigns have any effect at the court of appeals or district court level. …That’s an example of where you’re almost entirely dependent on straight-ticket voting,” said Jay Aiyer, a political science professor at Texas Southern University. “At the courthouse level, it’s easier for one party to dominate.”

[…]

“There is a real conformity, a uniformity of judicial thought on these courts that I think would really benefit from different experience,” said Meagan Hassan, who’s running as a Democrat for the Houston-based 14th Court of Appeals. She pointed to the tiny fraction of dissenting opinions written by Houston-area appellate judges, arguing that ideological balance is needed for the critical decisions these courts make.

In Tyler, for example, an all-Republican court of appeals struck down as unconstitutional the state’s new “revenge porn” law. The 3rd Court of Appeals is currently weighing the city of Austin’s paid sick leave ordinance. And state appellate courts are the last appellate stop for the vast majority of criminal cases in the state — yet many state appellate judges have no background in criminal law.

Democratic wins, Hassan said, “would bring balance to the court that hasn’t existed there in 25 years.”

That’s a theme several of the CoA candidates mentioned in the Q&As I did with them this year. They also point out that a lot of the Court of Appeals rulings stand because they don’t get heard by the Supreme Court or the CCA. I wrote about these races in 2016, when there were several pickup opportunities available, in part due to the wipeout of 2010. Dems did gain one seat each on the 4th and 13th Courts of Appeals in 2016, the latter being one they lost in 2010. They had gained three on the 4th and lost one on the 3rd in 2012, with all of those being up for re-election this time around.

For the 1st and 14th Courts, which are the ones that include Harris County, Dems lost the CoA races by a wide margin in 2014 but came much closer in 2016. Here’s an example from 2014 and an example from 2016. The deficit was close to 150K votes in 2014 but only about 40K votes in 2016. The formula for a Democratic win is pretty straightforward: Carry Harris County by a lot, break even in Fort Bend, and limit the damage in Brazoria and Galveston. That’s all very doable, but it’s likely there won’t be much room for error. It all starts with running up the score in Harris County (or Travis County for the 3rd, and Dallas County for the 5th). If that happens, we can win.

Judicial Q&A: Meg Poissant

(Note: As I have done in past elections, I am running a series of Q&As for Democratic judicial candidates. This is intended to help introduce the candidates and their experiences to my readers. I am running these responses in the order that I receive them from the candidates. You can see other Q&As and further information about judicial candidates on my 2018 Judicial page.

Meg Poissant

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

My name is Margaret “Meg” Poissant and I am running for the 14th Court of Appeals, Place 8.

2. What kind of cases does this court hear?

The Court of Appeals decides appeals from civil and criminal cases in ten counties, with the exception of death penalty cases.

3. Why are you running for this particular bench?

The Court of Appeals should rule fairly with equal justice for all. I seek to bring my thirty-three years of experience and integrity to ensure justice for all Texans. The opinions of the incumbent are not always consistent or based on sound legal reasoning.

4. What are your qualifications for this job?

I have 33 years experience representing clients and trying civil cases, including personal injury, chemical exposure, wrongful death, probate, real estate, and complex business cases, many cases involving expert testimony and complex issues of law, as well as experience representing Defendants in criminal cases. My appellate experience includes appeals involving issues of insurance coverage, property damage, contract, and wrongful death.

I am Martindale-Hubbell AV Preeminent rated as having the highest ethical standards by both my peers and the judiciary. I am licensed in Texas and New York.

My memberships include the Texas Bar Association; Member of the New York Bar Association; Trial Lawyers of America; American Bar Association; Houston Bar Association; Texas Trial Lawyers Association; Houston Trial Lawyers Association; State Bar Committee; Houston Volunteer Lawyers Association; Harris County Democratic Lawyers Association; International Who's Who of Professionals; Notable Women of Texas; President Westwood Grove Civic Association; Committee Chair SN22 Ordinance Committee; Executive Committee Member- Legal and Communications Director for all of North America for a non-profit group; Special commendation from Humble Police Association for pro bono legal services; Board Member Shine Studios Board of Directors, a non-profit dedicated to issues of education for Latin American girls.

As a member of the Houston Volunteer Lawyers Association, I recently represented a non-status, indigent client in a case for 2 years, and 3 days in trial with a great result for the client; Volunteered for ARC of Greater Houston; Provided pro bono legal services to senior citizens, undocumented workers, neighbors and artists; pro bono legal counsel, as lead for the legal team, for all of North America for a national nonprofit foundation; Proactive member of the Super Neighborhood 22 Committees, ​devoting numerous hours to neighborhood quality of life issues; Volunteered for Avenue CDC (Community Development Corporation) art benefits to help finance the building of affordable homes and strengthening communities; Volunteer jurist for Fort Bend Contemporary Arts Museum; Charity fundraisers for various arts organizations and artists.

5. Why is this race important?

The Court of Appeals is often the last Court to rule on cases because the Supreme Court and Court of Criminal Appeals hear very few cases. The Court of Appeals is often the last opportunity for justice in a case. It is important to have a fair justice on the bench with integrity and experience.

6. Why should people vote for you in November?

I am qualified and experienced, and I will bring justice and fairness to the rulings of the Court of Appeals. These rulings affect all Texans.

Appeals court allows city to post video of pay parity hearing

Probably doesn’t matter much at this point, but there it is.

Mayor Sylvester Turner

A Texas appeals court on Thursday ordered a state district judge to rescind his temporary restraining order requiring the city of Houston to remove video from its website that depicted a public city council committee hearing over a proposal to grant firefighters “pay parity” with police.

District Judge Kyle Carter should not have blocked the city from posting the video of the committee hearing because it is not clear the meeting constituted illegal electioneering, as the Houston firefighters union had alleged, the 14th Court of Appeals justices ruled.

That restraining order had expired last week anyway, said Cris Feldman, an attorney for the firefighters union, adding that the decision does not preclude a court from coming to the same conclusion that Carter did after further hearings in the case.

[…]

The section of state law banning local governments from using public funds to advocate for or against ballot measures was not intended to restrain public discussion of such issues, the justices wrote Thursday.

“It was not unreasonable or unexpected that statements tending to indicate support for, or opposition to, the charter amendment might be voiced at the meeting,” the nine-page opinion states. “Public funds were not being used for political advertising by making the meeting video publicly available, even though an incidental effect of posting the video on the city’s website may be to re-publish statements supporting or opposing the charter amendment.”

See here for the background, here for the Mayor’s statement, and here for a copy of the opinion. As noted, the TRO had expired on August 14, and the Chron posted their own copy of the video shortly after Judge Carter handed down his opinion, so this is all mostly academic. It may mean something after the election when the lawsuits over the wording of the referendum gets filed, but until then it’s mostly a warm-up exercise.

Endorsement watch: 14th Court of Appeals

More judicial races. We have a long way to go with these.

Justice, 14th Court of Appeals District, Place 3: Jerry Zimmerer

This primary race presents voters with a choice between two candidates who each offer different strengths.

Jerry Zimmerer, who earned two Master of Law degrees from University of Houston Law Center in addition to his law degree from South Texas College of Law, considers this judicial bench an academic job. He has spent close to 25 years in private practice, and yet the candidate had trouble touting any cases where he fought for justice or had a lasting impact on jurisprudence in Texas.

His opponent, Joseph R. Willie II, is a retired dentist and Navy veteran in addition to being a lawyer, and he pointed to several significant appellate cases where he successfully advocated for the innocent and underdogs. However, Willie’s law license twice suffered a fully probated suspension imposed by the State Bar of Texas for running afoul of professional codes. At the end of the day, it’s hard to endorse someone with blots on his record even if he evinces the passion for the law that Willie demonstrates.

Our nod goes to Zimmerer, 63, who switched parties decades ago, noting that the Republican Party “has left me as it has left a lot of people.”

[…]

Justice, 14th Court of Appeals District, Place 8: Michele Barber Chimene

Michele Barber Chimene, our choice for Democratic nominee, has 25 years of experience practicing appellate law and has handled more than 50 civil appeals. It’s preferable that candidates have appellate experience for this bench, as the rules governing appeals are different than the rules of civil procedure that govern trials.

Chimene, 60, is a University of Houston Law Center graduate and started her career as a geologist. She is admitted to practice before the U.S. Fifth Circuit Court of Appeals and the U.S. Supreme Court, and told the Houston Chronicle editorial board that she firmly believes the Legislature should make the law, and the judiciary should just apply it.

Chimene’s Q&A is here, and a Q&A for her opponent Meg Poissant is here. They’ve split a couple of group endorsements, while Zimmerer has received all of the ones that have been given out in his race. His opponent doesn’t appear to have any web presence, which would have been a problem for me in any event. There was also a Republican race endorsement at this link, if you’re into that sort of thing.

Judicial Q&A: Margaret Poissant

(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. You can see other Q&As and further information about judicial candidates on my 2018 Judicial page.

Margaret Poissant

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

My name is Margaret Poissant and I am running for 14th Court of Appeals Place 8.

2. What kind of cases does this court hear?

The 14th Court of Appeals hears both civil and criminal appeals of cases tried in 10 counties in Texas, with the exception of death penalty cases.

3. Why are you running for this particular bench?

I am running for this bench because Texas needs independent thinkers with strong experience in several areas of the law to ensure justice for all Texas citizens. Justices should work hard, be fair, and follow the law.

4. What are your qualifications for this job?

My qualifications for this very important position are detailed on my website, poissantforjustice.com, and include my experience in hundreds of cases, both civil and criminal, (primarily civil cases in Harris County), which has given me a strong understanding of various legal issues; Martindale-Hubbell ratings for highest ethical standards by my peers and by judicial rating; trial and mediation experience, as well as the handling of hundreds of cases without resort to litigation; my understanding of community issues and volunteer work, including assisting SN 22 with the drafting of city ordinances to submit to the City of Houston; and bar licenses in both Texas and New York. I have run two businesses successfully.

5. Why is this race important?

This race is important because the rulings by the 14th Court of Appeals affects all citizens in the State of Texas.

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

People should vote for me because I am well grounded, have the necessary experience to perform the job, have a strong ethical background, am respected by my peers, and will follow the law. I have support for my candidacy by individuals in Texas and my peers.

Judicial Q&A: Michele Chimene

(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. You can see other Q&As and further information about judicial candidates on my 2018 Judicial page.

Michele Chimene

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

My name is Michele Chimene. I’m a long-time resident of Houston, Katy, and Sugar Land. I am running for Place 8 on the Fourteenth Court of Appeals. The Fourteenth Court is the intermediate court, hearing civil, criminal, and family appeals in 10 counties centering around Harris County.

2. What kind of cases does this court hear?

This court hears criminal, civil, and family law appeals from the trial court. It also hears special cases called “original proceedings.”

3. Why are you running for this particular bench?

I am running for this bench because, as a 25-yr appeals lawyer, I read the opinions that are issued by the incumbent, and I believe that he sometimes deletes parts of the law, substituting in his own words instead of the law, to make the results of the case different than they would be if the actual law was applied. I believe that the law should be predicable and fair, with a “level playing field” for everyone.

4. What are your qualifications for the job?

I have been an appellate attorney for twenty-five years. While I also have trial experience, I believe that experience as an appellate attorney, researching the law and writing common sense arguments clearly and understandably is the best experience for becoming an appellate justice. I also believe that I am a good listener, and that everyone who comes into my court will get listened to politely and courteously.

5. Why is this race important?

Because the Texas Supreme Court and Court of Criminal Appeals do not hear every case that petitions them. For many cases in this large chunk of Texas, the Fourteenth Court will be the highest court that hears them, and their final chance to receive unbiased justice. Voters should not skip voting in this race, because it is a chance to elect someone who is not a professional politician but who has the legal skills to give the thousands, (yes, thousands), of parties who come before her during her term the predictable, law-based justice they seek.

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

Experience and character matter. My twenty-five years of appellate experience are more relevant experience than the incumbent had before he was elected to the bench. Most candidates for the Court of Appeals come to the Court with only civil case experience. My broad experience includes all the types of law the court handles. Additionally, my prior career as a geologist gives me the technical background that will be helpful to the Court as it takes on technically-challenging cases. My character matters. I will follow the law as long as the Constitution allows, and if Texas law differs from the Constitution, I will follow the Constitution. Our country was founded as a nation of laws. We need to get back to that. I will be predictable.

Paxton still pushing for a new judge

Still, he persisted, I guess.

Best mugshot ever

Texas Attorney General Ken Paxton’s lawyers are not giving up in their bid to get a new judge in his securities fraud case.

Earlier this month, Judge George Gallagher ordered Paxton’s trial be moved to Harris County from Collin County, where Paxton lives, after prosecutors argued Paxton and his allies had tainted the jury pool there. Paxton’s team wrote Friday to Harris County District Clerk Chris Daniel requesting that he assign the case to a new judge. Paxton “has not and will not give” his permission for the current judge to follow the case to Harris County, Paxton’s lawyers wrote to Daniel.

The letter, which was filed in court Monday, is the latest development in a standoff between Paxton’s team and Gallagher, whose spokeswoman said last week he will remain on the case. The spokeswoman, Melody McDonald Lanier, also said Gallagher does not need to rule on a motion Paxton’s lawyers made earlier this month that amounted to their initial request for a new judge.

In the letter to Daniel, Paxton’s lawyers continued to cite a part of the Texas Code of Criminal Procedure that says a judge ordering a change of venue may only continue to preside over the case with the consent of both sides. Gallagher, who is from Tarrant County, has been presiding over the case since its early days in 2015.

See here and here for the background. I know that the District Clerk assigns district court judges in new cases, but this is a continuation of a previous case, and it’s one where the judge was assigned from another county after the original judge recused himself. Is there anything in existing law to suggest that the District Clerk has the authority to assign a new judge after the venue was changed to the Clerk’s county? I have no idea, and based on the prior reports, this is something no one has asked for before. I’m kind of wondering why Team Paxton hasn’t gone to the 1st or 14th Courts of Appeals with this request; maybe he wants to show that he exhausted all other avenues first. Whatever the case, I have to assume the question will eventually wind up there. And I have to wonder, is this all worth it? Do they really think they’ve been screwed by Judge Gallagher so far, and that the risk of making things really awkward in his court is worth the possibility of getting a different judge, one who may not have any more tolerance for his lawyers’ tactics? Again, I have no idea. But it sure is fun to watch. The Chron has more.

Paxton wants a new judge

He may not get his wish.

Best mugshot ever

The judge presiding over Attorney General Ken Paxton’s criminal trial plans to remain on the case, regardless of Paxton’s request for a new judge, his spokesman said.

“He anticipates remaining the judge,” District Judge George Gallagher’s spokeswoman Melody McDonald Lanier told the Houston Chronicle Thursday.

Paxton’s criminal defense team requested a new judge after Gallagher moved Paxton’s criminal trial to Harris County from Paxton’s home of Collin County, a move the attorney general’s lawyers opposed. Special prosecutors argued the attorney general’s allies had worked to poison the jury pool there.

Lawyers representing the embattled Republican attorney general said in a motion Tuesday they would refuse to sign off on a procedural move to to keep Gallagher with the case at it moves to Harris County.

Asked for comment about Paxton’s motion to remove him as the case’s judge, Gallagher’s spokeswoman said “He can’t comment because he is the judge and he anticipates remaining the judge.”

[…]

“As far as I know, there is nothing in the Code of Criminal Procedure that addresses what is to happen if the defendant or defense counsel withholds the consent to which article 31.09 refers,” said George Dix, a law professor at the University of Texas at Austin, referring to the code Paxton cited in his motion. “No case, as far as I know, has addressed the meaning of this provision.”

See here and here for the background. As the DMN notes, what Paxton is asking for is basically unprecedented.

It’s quite possible no one else has ever asked for what Ken Paxton wants now.

This week, after Judge George Gallagher moved the attorney general’s upcoming criminal trials from Collin to Harris County, Paxton asked for a new judge. He cited a state law that’s meant to be procedural, a way for Gallagher to maintain the original case number and continue to use his own court reporter and clerk when the proceedings move to Houston.

But Paxton’s attorneys have interpreted the law to also require their client’s “written consent” for Gallagher to continue presiding over the case.

Paxton didn’t give his consent. He’s the first to refuse to do so and ask for a new judge in the process, experts said.

[…]

If Paxton’s motion is granted and upheld on appeal, it could set a precedent that will allow any criminal defendant or prosecutor to use the same tactic and get a new judge if a case is moved. But it’s unclear how likely that is to occur.

If Judge Gallagher denies the motion, the Chron story suggests any appeals would be heard by either the 5th Court of Appeals in Dallas or the 1st or 14th Court of Appeals in Houston. I don’t think this is likely to affect the proposed trial calendar, but as noted we are in unprecedented territory here. Already the entertainment value of this proceeding is off the charts, and we’re still five months away from jury selection.

ReBuild re-vote?

It could come to that, but it’s not clear to me that it has to.

The funding scheme for ReBuild Houston, the city’s street and drainage repair initiative, remains in limbo after a state appeals court agreed Thursday that the 2010 charter referendum creating the program is void.

The Texas 14th Court of Appeals ruling affirms an October 2015 trial court decision ordering the city to call a new election on creating a dedicated pay-as-you-go fund for street and drainage projects.

The case does not appear to affect the city’s ability to continue charging a drainage fee, however, since City Council authorized collection of the monthly fee in a separate ordinance in April 2011.

Instead, voiding the 2010 charter election, essentially, removes the restrictions placed on how the city uses the drainage money it takes in, such as the ban on using those dollars to issue new road bonds or other debt. The court rulings have not led the city to alter how it uses the fee.

Andy Taylor, the plaintiffs’ attorney, said he believes Thursday’s ruling could lead to another vote on what he and many conservatives call the “rain tax” as early as November.

“The request to amend the city charter and seeking voter approval to impose a rain tax,” he said, “is going back on the ballot.”

Houston is considering whether to ask the appellate court to reconsider, or appeal to the Texas Supreme Court, among other options, mayoral spokeswoman Janice Evans said in a statement.

See here and here for the background, and here for Mayor Turner’s statement. I say there will not be another vote this November, for the simple reason that there’s nothing to compel Mayor Turner to put another referendum on the ballot, and the city can continue with the legal proceedings for now. I’d also agree with Prof. Richard Murray, quoted in this KUHF story on the ruling, in that if there were another vote, a reworded Renew Houston proposition would almost certainly win again, because who at this point is going to vote against money for drainage and flood mitigation? (Also, as Prof. Murray noted, black voters were modestly against Renew Houston in 2010. I strongly suspect they’d be much more in favor of a similar proposal put forward by Mayor Turner.) But as the story notes, City Council voted to implement Renew Houston in 2011, and this lawsuit has nothing to do with that. There’s nothing to stop Mayor Turner from having Council affirm the program, or to just state that the matter was decided by Council and we’re all just arguing over semantics at this point. Honestly, what we’re really fighting about at this point is whether Andy Taylor gets to decide the wording on all our city referenda or not. That’s a fight I’m happy to keep having, but let’s be clear on what the stakes are. Campos has more.

Precinct analysis: Brazoria County

I had some time to spare, so I spent it with the canvass reports from Brazoria County. You know, like you do. Here’s what I was able to learn.


        Trump   Clinton   R Avg   D Avg   Weber    Cole
=======================================================
Votes  36,572    15,127  37,036  14,996  37,917  14,678
Pct    68.58%    28.23%  71.18%  28.82%  72.09%  27.91%


        Trump   Clinton   R Avg   D Avg   Olson  Gibson
=======================================================
Votes  36,219    28,073  39,026  26,713  40,179  26,178
Pct    54.08%    41.92%  59.37%  40.63%  60.55%  39.45%


        Trump   Clinton   R Avg   D Avg   Thomp   Floyd
=======================================================
Votes  40,666    30,564  43,599  29,181  44,713  28,505
Pct    54.83%    41.21%  59.95%  40.05%  61.07%  38.93%

Votes  32,125    12,636  32,462  12,528
Pct    69.23%    27.23%  72.15%  27.85%

Brazoria County is part of two Congressional districts, CDs 14 and 22, and two State Rep districts, HDs 25 and 29. The latter two are entirely within Brazoria, so the numbers you see for them are for the whole districts, while the CDs include parts of other counties as well. The first table splits Brazoria by its two CDs, while the second table is for the two HDs. Incumbent Republican Randy Weber was challenged by Democrat Michael Cole in CD14, while Republican Pete Olsen was unopposed in CD22. The second group of numbers in the first table are the relevant ones for CD22; I didn’t include Olsen because there was no point (*). There were no contested District or County Court races, so the “R Avg” and “D Avg” above are for the four contested district Appeals Court races; these are the 1st and 14th Courts of Appeals, which as you know includes Harris County.

The second table is for the State Rep districts. In HD29, incumbent Republican Ed Thompson faced Democrat John Floyd, while Republican Dennis Bonnen was unchallenged in HD25. You can sort of tell from the tables and I can confirm from the raw data that HD29 mostly overlapped CD22, and HD25 mostly overlapped CD14. As I have done before, the percentages for the Presidential races are calculated including the vote totals for Gary Johnson and Jill Stein, which is why they don’t add to 100%. The other contested races all had only two candidates.

Still with me? If so, you can see that HD29 was much more interesting than HD25, and was where basically all of the crossover Presidential votes were. Trump lagged the Republican baseline in HD25, but those voters mostly either skipped the race or voted third party. Viewed through the Presidential race, HD29 looks like a potentially competitive district, but if you pull the lens back a bit you can see that it is less so outside that, and that Thompson exceeded the Republican baseline on top of that. It would be nice to point to this district as a clear opportunity, but we’re not quite there. There is another dimension to consider here, however, and that is a comparison with the 2012 results:


       Romney     Obama    Cruz  Sadler   R Avg   D Avg   Weber Lampson
=======================================================================
Votes  35,571    13,940  34,618  13,865  33,931  14,444  33,116  14,398
Pct    70.82%    27.75%  69.34%  27.77%  70.14%  29.86%  69.70%  30.30%


       Romney     Obama    Cruz  Sadler   R Avg   D Avg   Olsen  Rogers
=======================================================================
Votes  35,291    20,481  34,879  19,879  34,466  20,164  35,997  17,842
Pct    62.49%    36.27%  62.14%  35.42%  63.09%  36.91%  66.86%  33.14%


       Romney     Obama    Cruz  Sadler   R Avg   D Avg   Thomp   Blatt
=======================================================================
Votes  40,170    22,480  39,657  21,866  39,203  22,204  40,642  21,388
Pct    63.32%    35.44%  62.86%  34.66%  63.84%  36.16%  65.52%  34.48%

Votes  30,692    11,941  29,840  11,878  29,194  12,404
Pct    70.95%    27.60%  69.45%  27.64%  70.18%  29.82%

In 2012, Randy Weber was running to succeed Ron Paul in the redrawn CD14, which had a nontrivial amount of resemblance to the old CD02 of the 90s, which is how former Congressman Nick Lampson came to be running there. He ran ahead of the pack, but the district was too red for him to overcome. Pete Olsen was challenged by LaRouchie wacko Keisha Rogers, Ed Thompson faced Doug Blatt, and Dennis Bonnen was again unopposed. I threw in the numbers from the Ted Cruz-Paul Sadler Senate race in these tables for the heck of it.

The main thing to note here is that HD29 was a lot more Republican in 2012 than it was in 2016. Ed Thompson went from winning by 31 points in 2012 to winning by 22 in 2016, with the judicial average going from nearly a 28 point advantage for Republicans to just under a 20 point advantage. Total turnout in the district was up by about 11,000 votes, with 7K going to the Dems and 4K going to the Republicans. That still leaves a wide gap – 14K in the judicial races, 16K for Ed Thompson – but it’s progress, and it happened as far as I know without any big organized effort.

And that’s the thing. If Democrats are ever going to really close the gap in Texas, they’re going to have to do it by making places like HD29, and HD26 in Fort Bend and the districts we’ve talked about in Harris County and other districts in the suburbs, more competitive. If you look at the map Greg Wythe kindly provided, you can see that some of the blue in Brazoria is adjacent to blue precincts in Fort Bend and Harris Counties, but not all of it. Some of it is in Pearland, but some of it is out along the border with Fort Bend. I’m not an expert on the geography here so I can’t really say why some of these precincts are blue or why they flipped from red to blue in the four years since 2012, but I can say that they represent an opportunity and a starting point. This is what we need to figure out and build on.

(Since I initially drafted this, Greg provided me two more maps, with a closer view to the blue areas, to get a better feel for what’s in and around them. Here’s the North Brazoria map and the South Brazoria map. Thanks, Greg!)

(*) – As noted in the comments, I missed that Pete Olsen did have an opponent in 2016, Mark Gibson. I have added the numbers for that race. My apologies for the oversight.)

Races I’ll be watching today, non-Legislative edition

vote-button

This is my companion to yesterday’s piece.

1. SBOE district 5

I’ve discussed the SBOE races before. This particular race, between incumbent Ken Mercer and repeat challenger Rebecca Bell-Metereau, is the one that has the closest spread based on past performance, and thus is the most likely to flip. If it does flip, it would not only have a significant effect on the SBOE, which would go from 10-5 Republican to 9-6, with one of the more noxious members getting ousted, it would also cause a bit of a tremor in that this was not really on anyone’s radar going into 2016. Redistricting is supposed to be destiny, based on long-established voting patterns. If those patterns don’t hold any more, that’s a big effing deal.

2. Appeals courts

I’ve also talked about this. The five courts of interest are the First, Fourth, Fifth, 13th, and 14th Courts of Appeals, and there are multiple benches available to win. I honestly have no idea if having more Democrats on these benches will have a similar effect as having more Democrats on the various federal appellate benches, especially given that the Supreme Court and CCA will most likely remain more or less as they are – I would love to hear from the lawyers out there about this – but I do know that having more Dems on these benches means having more experienced and credible candidates available to run for the Supreme Court and CCA, and also having more such candidates available for elevation to federal benches. Building up the political bench is a big deal.

3. Edwards County Sheriff’s race

Jon Harris is an experienced Democratic lawman running for Sheriff against a wacko extremist in a very Republican county, though one with a small number of voters. This one is about sanity more than anything else.

4. Waller County Sheriff’s race

I’ll be honest, I didn’t have this one on my radar until I read this Trib story about the race, in which the recent death of Sandra Bland is a factor. Waller County went 53-46 for McCain over Obama in 2008, though the Sheriff’s race that featured a problematic Republican was a lot closer. It was 58-41 for Romney, which is close to what it was statewide. Democratic challenger Cedric Watson will have to outperfom the countywide base to defeat incumbent Glenn Smith, it’s mostly a matter of by how much he’ll have to outperform.

5. Harris County Department of Education, Precinct 2

There aren’t any at large HCDE Trustee positions up for election this year, so I haven’t paid much attention to them. This race is interesting for two reasons. One, the Democratic candidate is Sherrie Matula, who is exceptionally qualified and who ran a couple of honorable races for HD129 in 2008 and 2010. And two, this is Jack Morman’s Commissioner’s Court precinct. A win by Matula might serve as a catalyst for a strong candidate (*cough* *cough* Adrian Garcia *cough* *cough*) to run against Morman in 2018.

6. HISD District VII special election

You know this one. It’s Democrat Anne Sung versus two credible Republicans and one non-entity who hasn’t bothered to do anything other than have a few signs put up around town. One key to this race is that it’s the only one that will go to a runoff if no one reaches 50% plus one. Needless to say, the conditions for a December runoff would be very different than the conditions are today.

7. HISD recapture and Heights dry referenda

I don’t think any explanation is needed for these.

What non-legislative races are on your watch list for today?

Judicial Q&A: Candance White

(Note: I ran a series of judicial Q&As for Democratic candidates in contested primaries earlier this year. I am now doing the same for the candidates who were unopposed in March, which includes most of the sitting incumbent judges. As always, this is to help you the voter know a little bit more about the candidates on your ballot. I will be publishing these in the order I receive them. You can see the Q&As and interviews I did for the primaries on my 2016 Election page.)

Candance White

Candance White

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

My name is Candance White. I am a judicial candidate for the 14th Court of Appeals Place 2.

2. What kind of cases does this court hear?

The 14th Court of Appeals hears all civil and criminal appeals cases with the exception of death penalty cases and post habeas corpus.

3. Why are you running for this particular bench?

I believe a diverse perspective is need on this court to ensure the community at large is represented. I want to ensure that the law is interpreted fairly and objectively without bias or prejudice. I also believe that real experience in the area of child welfare and adult welfare is needed on this court as this court hears these types of cases.

4. What are your qualifications for this job?

I have my undergraduate degree from Texas A&M University, my JD from University of Texas School of Law, and my Masters in Law (LLM) from the University of Houston Law Center. I have served as a Municipal Court Judge for the City of Houston. I handled a very large docket and am able to manage a court room. I have very strong analytical and written skills. I have helped to prepare over 75 appellate briefs and worked on appellate oral arguments. I have handled civil litigation, criminal defense, family law matters, elder law, and practiced before regulatory boards and commissions.

5. Why is this race important?

The Appellate court provides opinions on what constitutes error in cases. These opinions guide and define the legal parameters for cases involving both civil and criminal issues. The cases heard by this court will impact every area of every citizen as it guides both civil and criminal matters.

6. Why should people vote for you in November?

I am a sound decision maker. I will work to ensure the law is applied fairly without bias. I will ensure that a large portion of the community is represented on the bench if elected where currently there is no representation. I am a hard worker who is dedicated to ensuring fairness and access to justice for all.

Endorsement watch: More courts

The Chron has a bunch of judicial race endorsements to make, beginning with the First and 14th Courts of Appeals.

1st Court of Appeals, Chief Justice: Sherry Radack

Both Republican incumbent Sherry Radack and challenger Jim Peacock strongly agree that service on this bench constitutes a great honor. That honor should go to Radack, 65, for another term, although Peacock came as close any challenger has to convincing us that the breadth of his experience as a litigator and the need for more philosophical diversity on the court would justify a switch. But ultimately, it’s hard for us to vote to unseat a sitting justice who is doing a good job, which Radack is.

Justice, 1st Court of Appeals,Place 4: Barbara Gardner

Plato imaged a world run by philosopher-kings, but Republican judge Evelyn Keyes is the closest that Houston gets. Our resident philosopher-judge, Keyes is a member of the prestigious American Law Institute, which helps write the influential model penal code. A graduate of University of Houston Law Center, Keyes also has a doctorate in philosophy from Rice University and a doctorate in English from the University of Texas. She’s penned numerous papers on legal philosophy, exploring the foundational underpinnings of our entire judicial system and arguing about the concept of justice itself.

Now Keyes is running for her third term – a “last hurrah,” she told the editorial board, before she is aged out under state law. If elected, Keyes will be forced to retire after four years of her six-year term and will be replaced by a gubernatorial appointment.

Justice, 14th Court of Appeals, Place 2: Kevin Jewell

This race for an open seat offers voters two very different candidates who would each bring great strengths in their own ways.

Republican Kevin Jewell, a graduate of the University of Houston Law Center, is board certified in civil appellate law and heads up the appellate practice at the Chamberlain Hrdlicka law firm. Jewell, 48, has spent his career practicing in appellate courts and his resume is practically tailor-made for this position.

Justice, 14th Court of Appeals,Place 9: Tracy Elizabeth Christopher

Justice Tracy Christopher is one of the “smartest, most reasonable judges” on this court. That’s not us talking – that’s her Democratic opponent, Peter M. Kelly, during a meeting with the editorial board. It is the kind of praise that should encourage voters to keep Christopher, a Republican, on the bench. A graduate of the University of Texas School of Law, Christopher, 60, is board certified in civil trial law and personal injury trial law, and served for 15 years on the 295th Civil District Court before her appointment to this bench in 2009. She’s received stellar bar poll ratings, and we were particularly impressed by her insight as to how the state Legislature has overridden common law in Texas, especially in medical malpractice and other torts.

And for the State Supreme Court.

Justice, Supreme Court, Place 3: Debra Lehrmann

Justice Debra Lehrmann, 59, has spent six years serving on the Texas Supreme Court and before that she was a Tarrant County family court judge for 22 years. In that time she has acquired a reputation as a hardworking and respected jurist with a record of success dating back to her days at University of Texas School of Law.

Her Democratic opponent and former judge of the 214th District Court in Nueces County, Mike Westergren, says that there needs to be more balance on the all-Republican court. Lehrmann agrees but they differ as to the nature of the deficit. Westergren argues for more ideological balance, while Lehrmann maintains the justices need to continue to challenge each other.

Justice Dori Garza

Justice Dori Garza

Justice, Supreme Court, Place 5: Dori Contreras Garza

What is Republican incumbent, Justice Paul Green, doing wrong on the Texas Supreme Court? According to his Democratic challenger, Justice Dori Garza, not much.

She told the editorial board that she’s not running against Green personally, but instead to provide greater diversity on the court.

The first in her family to receive a college degree, Garza, 58, attended night school at the University of Houston Law Center and in 2002 was elected to the 13th Court of Appeals, which stretches from Matagorda County south to the U.S.-Mexico border. She’s been re-elected twice and in 2010 was one of three candidates recommended by the Texas congressional delegation to serve as a federal judge in Corpus Christi.

If elected, she’ll bring different personal and ideological perspectives to a court that’s been critiqued as leaning in favor of corporations and state authority at the expense of everyday Texans.

Justice, Supreme Court, Place 9: Eva Guzman

It took 100 pages for the Texas Supreme Court to explain that our state’s school funding system was constitutional, if imperfect. But Justice Eva Guzman’s passionate concurrence should light a fire under Texas politicians who may think that winning at the Texas Supreme Court absolves them of any duty to improve our public schools.

They endorsed challenger Barbara Gardner over incumbent Evelyn Keyes because Judge Keyes will have to resign after four years due to the mandatory retirement age of 75. The main thing about both of these endorsement posts is that they basically like all of the candidates. They have a couple of clear preferences, but no races in which they consider only one candidate qualified. Consider that another piece of evidence to suggest that our oft-maligned system of partisan elections for judges maybe isn’t as bad as its frequently made out to be. My Q&A for Dori Garza is here, and I’ve got Q&As lined up for Jim Peacock and Candance White, so look for them soon.

City loses in appeal against firefighters’ pension statute

Here’s a pension fund-related litigation update for you.

Houston can’t overhaul a state-governed firefighter pension system that the mayor claims is pushing the city towards insolvency, a Texas appeals court ruled.

Houston sued the Houston Firefighters’ Relief and Retirement Fund in January 2014, seeking a declaration that a state law setting how the fund is operated, and giving the city no control over the amount of its contributions, is unconstitutional.

The city paid $350 million in pensions to firefighters, police and city workers in 2015, but its unfunded pension debt is $6 billion and growing.

A state judge sided with the fund in May 2014 and granted it summary judgment.

The city appealed, pressing its argument that the subject state law, passed in 1997, gives too much power to the pension fund’s board that is comprised of a majority of firefighters who are beneficiaries of the fund, and thus are inherently self-interested in maximizing firefighter pension benefits to the detriment of the city’s financial health.

The 10-member board is made up of six active or retired firefighter fund members who are elected by other firefighters, the mayor or an appointed representative of the mayor, the city treasurer and two citizens who are elected by the other trustees.

Houston claimed on appeal the state law violates the separation-of-powers principle in the Texas Constitution by delegating authority to a nonlegislative entity, the fund board.

The city cited Texas Boll Weevil Eradication Fund v. Lewellen. In that case, the Texas Supreme Court ruled in 1997 that a foundation established by the Texas Legislature to exterminate boll weevils that were threatening to destroy the Texas cotton industry unconstitutionally gave too much authority to the foundation to tax private farmers to pay for weevil killing.

But the 14th Texas Court of Appeals decided Thursday that the boll weevil foundation is fundamentally different from the pension fund board because the board includes public employees.

“The purpose of that [boll weevil eradication] foundation may be construed as protecting a private industry from a blight, albeit with an indirect benefit to the public. In contrast, eight of the 10 trustees of the fund’s board are current or retired public employees…We would have difficulty classifying the board as a private entity when the mayor and city treasurer also serve as trustees in order to administer benefits to public employees,” Judge John Donovan wrote for a three-judge panel.

The panel also rebuffed Houston’s argument that the state law is unconstitutional because it only applies to incorporated municipalities with a population of at least 1.6 million and a fully paid fire department. Houston is the only Texas city that qualifies.

The city claims the special treatment violates the Texas Constitution’s ban on the Legislature meddling in local affairs.

But the appeals court agreed with the fund’s contentions that Houston is uniquely dangerous for firefighters compared to the other four big cities in Texas—Austin, San Antonio, Dallas and El Paso—so sweeter pension terms are necessary to attract and retain firefighters.

See here for the background, and here for the ruling. There have been multiple lawsuits related in one way or another to the firefighters’ pension fund; it’s hard to keep track of them all because they go multiple months without any news. The city could appeal this to the Supreme Court, but I don’t think they will, for two reasons. One is that I doubt they’ll get a different outcome, and two is that while this lawsuit was filed by the Parker administration, the Turner administration has a much less contentious relationship with the firefighters, and is working on a pension fund deal with them. It would be a show of good faith, if not a bargaining chip, for the city to quit pursuing this lawsuit, and seek to settle or drop any other ongoing litigation for which the HFRRF is an opponent. The Chron story says the city “continues to believe the state statute is unconstitutional because it allows the firefighters’ pension fund to determine contribution levels”, and that the city intends to “seek further review”. We’ll see what happens.

UPDATE: Woke up this morning, and the following announcement was in my inbox: “Mayor Turner will unveil preliminary points of understanding with the Houston Firefighters’ Relief and Retirement Fund, the Houston Police Officers’ Pension System and the Houston Employees Pension System. The proposed plan will form the basis for a package of pension reforms that will be submitted for approval to the governing boards of the pension systems, City Council and the state legislature.” That’s happening today at 2 PM. So maybe this won’t have any effect on the negotiations one way or the other.

Transgender rights are about more than bathrooms

There’s also drivers licenses.

TDL_Sample

A Texas appeals court ruled last week that a transgender man isn’t entitled to change the gender marker on his driver’s license from “female” to “male.”

However, LGBT legal experts say they don’t expect the decision from the 14th Court of Appeals, which covers the Houston area, to have much practical impact, since so few local judges typically grant gender-marker changes in the first place.

Katie Sprinkle, a Dallas attorney who handles identification and gender marker cases, said some Democratic judges in Bexar, Dallas and Travis counties allow trans people to correct gender markers on their driver’s licenses and birth certificates if they provide proper documentation, including letters from doctors and therapists. Sprinkle also said the 14th Court of Appeals’ decision may be “persuasive,” but is not “binding,” on other jurisdictions.

“I don’t see anything in it that I think is going to change the status quo, because the status quo in 95 percent of the state is, they don’t do it anyway,” Sprinkle said. “Worst-case scenario, it goes up to the Texas Supreme Court, and they just put the kibosh on everything. There are at least several hundred thousand Texans that that could seriously adversely affect.”

[…]

Sprinkle said despite the appeals court’s decision, the petitioner still could reapply for a gender-marker change in another county — an option he told the Observer he now plans to pursue.

According to the pro-LGBT Movement Advancement Project, Texas is one of 13 states with the most onerous requirements for gender-marker changes on driver’s licenses, and one of four states with unclear policies when it comes to birth certificates.

This is one of those times when I find myself saying “what exactly is the problem here?” I don’t understand why a judge would have an issue with granting this request. There’s no excuse in 2016 for being ignorant of transgender people and their needs. Judges who can’t or won’t keep up with social change need to get off the bench.

And speaking of judges, here’s another one to keep an eye on.

U.S. District Judge Reed O’Connor has set a hearing for Friday on Texas Attorney General Ken Paxton’s bid to block the Obama administration’s recent guidance that said public schools should allow trans students to use restrooms according to their gender identity.

Paxton’s office, on behalf of 13 states, has requested a nationwide preliminary injunction against the guidance outlined in a May “Dear Colleague” letter issued by the U.S. Education and Justice departments. The states allege the administration has overstepped its bounds by attempting to rewrite federal law to ban discrimination based on gender identity without congressional action.

“Defendants have conspired to turn workplaces and educational settings across the country into laboratories for a massive social experiment, flouting the democratic process, and running roughshod over commonsense policies protecting children and basic privacy rights,” Paxton’s office wrote in its initial complaint.

In response to Paxton’s complaint, the Obama administration has argued that the guidance isn’t legally binding, and questioned whether Texas has standing to challenge it, given that the case doesn’t involve a specific controversy over restroom access for trans students in the Lone Star State.

“Indeed, plaintiffs have identified no enforcement action threatened or taken against them as a result of defendants’ interpretations,” the federal government wrote. “Instead, they have alleged no more than an abstract disagreement with the agencies’ interpretation of the law.”

That’s Friday as in today. This is the second time that a Texas judge could have a national effect in a high-profile case. I’m hoping for a better outcome than the first time.

What it will take to win the District Court of Appeals benches

I’ve mentioned a couple of times that one place on the local ballot where Democrats could potentially gain some real ground is with the district Courts of Appeals. There are no competitive Congressional or State Senate races, the one competitive State House race in HD144 would be Democratic-favored in any Presidential year, and the countywide races have a greater dependency on the candidates themselves than any other contest. Republicans have done well in those races even as Democrats were winning district court benches, with the GOP successfully defending the offices of District Attorney and Tax Assessor in 2008 and 2012. The stakes are higher this year with the GOP hoping to keep the Sheriff’s office as well. Those races will get a lot of attention, with the outcomes less likely to be determined by partisan turnout levels.

The judicial races are where the candidates are mostly at the mercy of the blue/red mix. The wild card in those contests are for the 1st and 14th District Courts of Appeals, which encompass more than just Harris County. Jim Sharp broke through in 2008 to become the first (and so far only) Democrat in recent years to claim a spot on these benches, but several other races that year were fairly close, as each of the Democratic candidates carried Harris County. Republicans had a much easier time holding those positions in 2012, but the overall trend as well as the dynamic of this year’s Presidential contest suggests Dems may have a good shot at these. Let’s take a look at the numbers from the last two Presidential years and see if we can take a guess at what would need to happen for that to be the case.


2008

Race         Harris D  Harris R     Diff  Others D  Others R      Diff     Total
================================================================================
14th CJ       568,713   539,696  +29,017   199,332   258,576   -59,244   -30,227
1st Pl3       585,249   526,393  +58,856   209,510   250,194   -40,684   +18,172
1st Pl5       565,338   543,216  +22,122   198,502   259,452   -60,950   -38,828
14th Pl4      561,284   544,873  +16,411   194,751   261,775   -67,024   -50,613
14th Pl6      569,641   536,050  +33,591   198,463   257,779   -59,316   -25,815
14th Pl7      571,737   533,566  +38,173   198,849   257,265   -58,416   -20,245


2012

Race         Harris D  Harris R     Diff  Others D  Others R      Diff     Total
================================================================================
1st Pl2       567,793   572,351   -4,558   194,826   297,572  -102,746  -107,304
1st Pl6       565,699   572,594   -6,895   193,294   298,479  -105,185  -112,080
1st Pl7       565,258   572,326   -7,068   191,908   299,769  -107,861  -114,929
1st Pl8       560,865   575,397  -14,532   191,293   300,076  -108,783  -123,315
1st Pl9       567,466   570,529   -3,063   192,017   299,588  -107,571  -110,634
14th Pl3      580,356   557,224  +23,132   197,511   294,162   -96,551   -73,519
14th Pl4      555,639   580,450  -24,811   188,891   302,216  -113,325  -138,136
14th Pl5      557,972   578,436  -20,464   190,155   300,711  -110,556  -131,020
14th Pl8      575,206   562,417  +13,211   196,161   295,426   -99,265   -86,476

There are a couple of things going on here. The level of Democratic turnout in each year is roughly equivalent. The average dipped from 570,327 in 2008 to 566,250 in 2012, but that’a less than one percent. The Dem totals dropped a bit more in the other counties, falling from an average of 199,901 to 192,895, with the difference being exaggerated a bit by Jim Sharp’s showing in 2008. The bottom line remains that while the average Democratic candidate in these races received about 10,000 fewer votes in 2012, those totals didn’t affect the competitiveness of these races.

What did that were the Republican turnouts, which rose considerably in Harris and in the other counties, though for slightly different reasons. Republican voters in Harris County were far more likely to skip downballot races in 2008 than they were in 2012. It was the same way in 2004, with about ten percent of their Presidential voters disappearing for races like these, while Democratic voters were far more persistent about filling out their ballots. That pattern changed in 2012, with Rs and Ds about equally likely to fill the whole thing in. Some of that is no doubt the effect of straight-ticket voting, but there were still over 400,000 voters in Harris county who didn’t vote straight ticket in 2012. Maybe it was increased partisanship, maybe it was people absorbing the local message to vote all the way down, but whatever the case, it had an effect. As for the other counties, the increases are basically the result of population growth in Fort Bend, Galveston, and Brazoria Counties. Put the two together and you can see the effect.

Obviously, that makes winning these races this year a challenge, but I believe it can be done. Republicans have little to no prospect for growth in Harris County, and having Donald Trump at the top of the ticket is more likely to be a drag than an asset. Democrats need to put up a decent margin in Harris County, and they ought to be able to, but that won’t be enough. There needs to be some help in Fort Bend, Galveston, and Brazoria for there to be a fighting chance. I don’t know what is going on in those counties to try to boost turnout, though I know Fort Bend Democrats have been pretty active in recent years. I may be the only person in the state obsessing about these races as attainable targets for this year – these are low-visibility contests that have no immediate impact – but they represent an opportunity that we don’t often get, and it’s not like there are a bunch of legitimately exciting legislative or Congressional elections to focus on. The point I’ve been trying to make is that this is a good year to be thinking about other parts of the political bench, which includes county offices and judicial races. Remember, these appellate court positions come with six-year terms, so anyone who wins this year could if they chose run for a statewide bench in 2018 or 2020. There’s no downside to any of this, but we have to be aware of it first.