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Alexandra Smoots-Hogan

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.

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.

The “Has Not Yet Filed” list

Today is the actual, official filing deadline. Anyone who has not filed for a spot in the primary by 6 PM today is not a candidate for a Democratic nomination in 2020. A whole lot of people have already filed, and a whole lot more will file today – I’m going to have a lot to talk about with this tomorrow and for the rest of the week – but there are still a few notable absences (with the caveat that the SOS list may not be complete). So with that in mind, here are the “why aren’t they there yet?” list to ponder as the hours tick down.

US Senate: MJ Hegar is not yet listed. John Love, the Midland City Council member who announced his candidacy in October, has ended his campaign, on the grounds that he lacked the time and finances. Good for him for recognizing his situation, and I hope he looks at 2022 for another possible statewide campaign. Eleven candidates have filed so far, Hegar will make it 12 when she makes it official.

US Congress: Reps. Joaquin Castro (CD20) and Colin Allred (CD32) are not on the list as of Sunday evening. Some of the more recent entrants in CDs 03 and 31 – Tanner Do, Chris Suprun, Dan Jangigian – are not yet on the list. Much-ballyhooed CD28 challenger Jessica Cisneros is not yet on the list. Wendy Davis has CD21 to herself right now, as Jennie Leeder has not yet appeared. CDs 19, 27, and 36 do not yet have Democratic candidates. And while this has nothing to do with our side, the Republican field in CD22 is mind-bogglingly large. Good luck with that.

Railroad Commissioner: Kelly Stone had not filed as of Sunday, but she has an event on her candidate Facebook page announcing her filing at 2:30 today. Former State Rep. Robert Alonzo has joined the field.

SBOE: All positions are accounted for. Letti Bresnahan remains the only candidate in District 5, the most flippable one on the board. I still can’t find any information online about her candidacy.

State Senate: No candidates yet in SDs 12, 18, 22, or 28. Not surprising, as none are competitive, but a full slate is still nice. Sens. Borris Miles and Eddie Lucio now each have two opponents, the field in SD19 is four deep, and Rep. Cesar Blanco still has SD29 all to himself.

State House: Far as I can tell, the only incumbent who hasn’t filed yet is Rep. Rene Oliveira in HD37. Of the top targets for 2020 based on Beto’s performance, HDs 23, 43, and 84 do not yet have Democratic candidates. Those are if not the bottom three on the competitiveness scale, with the first two trending away from us, they’re close to it. If they go unfilled it will still be a waste, but about the smallest possible waste. Rep. Ron Reynolds does not have a challenger. Sean Villasana, running for the HD119 seat being vacated by Rep. Roland Gutierrez as he runs for SD19, has the field to himself so far. In all of the big counties, the only one missing a Dem right now is HD99 in Tarrant, which is not particularly competitive.

District Courts: Limiting myself to Harris County, Judges Jaclanel McFarland (133rd Civil), Ursula Hall (165th Civil), Elaine Palmer (215th Civil), and George Powell (351st Criminal) have not filed. Other candidates have filed in the 165th and 351st, as have candidates in the 337th Criminal (Herb Ritchie) and 339th Criminal (Maria Jackson) where the incumbents are known to not be running again. Alex Smoots-Thomas now has an opponent for the 164th, and I am told another may be on the way.

Harris County offices: All of the candidates I’ve tracked for District Attorney, County Attorney, Sheriff, and Tax Assessor have now filed; I’m told another candidate may be filing for Tax Assessor, but I don’t know any more than that. David Brown has not yet filed for HCDE Position 7 At Large, but he was at the CEC meeting yesterday and I expect to see him on the ballot. Luis Guajardo has not yet filed for Commissioners Court in Precinct 3. There’s still no JP candidates in Precincts 4 and 8, and no Constable in Precinct 8. And Precinct 1 Constable Alan Rosen is still missing. Could that mean something? We’ll find out today. I’ll have a report tomorrow.

Filing update: Focus on Harris County

One more look at who has and hasn’t yet filed for stuff as we head into the final weekend for filing. But first, this message:


That’s general advice, not specific to Harris County or to any person or race. With that in mind, let’s review the landscape in Harris County, with maybe a bit of Fort Bend thrown in as a bonus. Primary sources are the SOS candidate page and the Patrick Svitek spreadsheet.

Reps. Sylvia Garcia and Lizzie Fletcher do not have primary opponents, though the spreadsheet does list a possible opponent for Garcia. As previously discussed, Rep. Al Green has a primary opponent, and Rep. Sheila Jackson Lee has three so far, with at least one more to come. Elisa Cardnell and Travis Olsen have filed in CD02. Mike Siegel and Shannon Hutcheson have filed in CD10, and none of the three known contenders have filed yet in CD22. (Before you ask, no, I don’t know why some candidates seem to wait till the last minute to file.)

In the Lege, the big news is that Penny Shaw has filed in HD148, so the voters there will get their third contested race in a four month time period. At least with only two candidates so far there can’t be a runoff, but there’s still time. Ann Johnson and Lanny Bose have filed in HD134, Ruby Powers has not yet. Over in Fort Bend, Ron Reynolds does not have an opponent in HD27, at least not yet. No other activity to note.

Audia Jones, Carvana Cloud, and Todd Overstreet have filed for District Attorney; incumbent Kim Ogg has not yet filed. Christian Menefee and Vince Ryan have filed for County Attorney, Harry Zamora has entered the race for Sheriff along with incumbent Ed Gonzalez, and Jack Terence, last seen as a gadfly Mayoral candidate in the late 90s and early 2000s, has filed for Tax Assessor; Ann Harris Bennett has not yet filed. Andrea Duhon has switched over to HCDE Position 7, At Large, which puts her in the same race as David Brown, who has not yet filed. Erica Davis has already filed for Position 5, At Large.

In the Commissioners Court races, Rodney Ellis and Maria Jackson are in for Precinct 1; Michael Moore, Kristi Thibaut, Diana Alexander and now someone named Zaher Eisa are in for Precinct 3, with at least one other person still to come. I will note that Precinct 1 Constable Alan Rosen has not yet filed for re-election, but three other candidates, two of whom filed within the first week of the period, are in for that position. Rosen’s name has been bandied about as a possible Commissioners Court challenger to Steve Radack, and if he is planning to jump to that race it makes sense that he’d take his time, since he’d have to resign immediately afterward. I have no inside scoop here, just a bit of idle speculation. There are no Dems as yet for either Constable or JP in Precincts 5 or 8.

This brings us to the District Courts, and there’s some interesting action happening here. There are a couple of open seats thanks to retirements and Maria Jackson running for Commissioners Court. Herb Ritchie is retiring in the 337th; two contenders have filed. One person has filed in Jackson’s 339th. Someone other than George Powell has filed in the 351st, and someone other than Randy Roll has filed in the 179th. I’m not sure if they are running again or not. Steve Kirkland has a primary opponent in the 334th, because of course he does, and so does Julia Maldonado in the new 507th. Alexandra Smoots-Thomas does not yet have a primary opponent.

Fort Bend County went blue in 2018 as we know, but Dems did not have a full slate of candidates to take advantage of that. They don’t appear to have that problem this year, as there are multiple candidates for Sheriff (where longtime incumbent Troy Nehls is retiring and appears poised to finally announce his long-anticipated candidacy for CD22, joining an insanely large field), County Attorney, and Tax Assessor (HCC Trustee Neeta Sane, who ran for Treasurer in 2006, is among the candidates). The Dems also have multiple candidates trying to win back the Commissioners Court seat in Precinct 1 that they lost in 2016 – one of the candidates is Jennifer Cantu, who ran for HD85 in 2018 – and they have candidates for all four Constable positions.

There are still incumbents and known challengers who have been raising money for their intended offices who have not yet filed. I expect nearly all of that to happen over the weekend, and then we’ll see about Monday. I’ll be keeping an eye on it all.

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.

Smoots-Thomas suspended from the bench

What you’d expect.

Alexandra Smoots-Thomas

A district court judge in Harris County has been suspended after she was indicted on federal wire fraud charges for allegedly misspending campaign donations.

Judge Alexandra Smoots-Thomas, 44, will be removed from her bench without pay until the State Commission on Judicial Conduct determines otherwise, the oversight board said Tuesday, the same day it was presented with the indictment and ordered her suspension.

“We’re not surprised, but we’re still very disappointed that the state chose to take that action,” Smoots-Thomas’ attorney, Kent Schaffer, said. “It just adds to the fight that we have before us.

[…]

The State Commission on Judicial Conduct has the authority to suspend judges, but can only recommend their removal to the Texas Supreme Court after conducting an investigation, according to the commission’s procedures.

Smoots-Thomas has rarely sat on her bench this year, Schaffer said, because she has breast cancer and has undergone several rounds of treatments.

See here for the background. I guess I can understand being disappointed in this entirely expected decision, but I don’t know what else might have happened. I can’t imagine a scenario in which a judge in similar circumstances would not be suspended. If nothing else, anyone appearing before her might reasonably question whether she could be on her game, since there would obviously be bigger things on her mind than whatever case was being argued.

I know that Judge Smoots-Thomas is collecting signatures to get on the ballot next year. I don’t know at this time if anyone else is doing the same. I’ll be surprised if that isn’t the case, but stranger things have happened. In the meantime, we’ll see how long this investigation takes.

District Court Judge Smoots-Thomas accused of wire fraud

Yikes.

Alexandra Smoots-Thomas

A Harris County judge is facing federal charges that accuse her of using campaign donations for personal expenses, including for mortgage payments, private school tuition and travel.

Judge Alexandra Smoots-Thomas, 44, is charged with wire fraud charges, according to federal prosecutors. She turned herself in to U.S. Magistrate Peter Bray, appearing before him with chains wrapped around her waist and ankles.

She pleaded not guilty to the charges, and the magistrate set a pre-trial conference for Jan. 6.

Wearing a gray and black suit, she kept her head down for most of the arraignment. Smoots-Thomas has breast cancer, and had a round of chemotherapy on Thursday, attorney Kent Schaffer said.

Schaffer denied the charges after the proceeding, alleging that the U.S. Attorney’s Office, under Ryan Patrick, was targeting Smoots-Thomas because she is a black female Democrat.

“She has not defrauded anybody,” he said.

Patrick’s office has been contacted for comment on Schaffer’s allegations.

A federal grand jury on Oct. 24 returned a seven-count indictment against Smoots-Thomas, who presides over the 164th District Court and has jurisdiction over civil cases within Harris County. The indictment was unsealed on Friday.

[…]

The indictment alleges Smoots-Thomas of soliciting campaign contributions on the premise the money would be used to help facilitate her re-election campaigns in 2012 and 2016, prosecutors said. She concealed the expenses from her campaign treasurer and the Texas Ethics Commission by filing false campaign finance reports, according to the charges.

Obviously, this is bad and upsetting. She is of course innocent until proven guilty, but federal prosecutors tend to prefer bringing charges in cases they feel confident about winning.

Judge Smoots-Thomas was first elected in 2008. She was known as Alexandra Smoots-Hogan then; I know she had gotten divorced, and I presume remarried. There’s always a question about whether elected officials who are accused of crimes should resign when that happens. This is where I point out that Ken Paxton is still Attorney General, and I have not called for his resignation because he has not yet been convicted of anything. I’m inclined to believe that Kent Schaffer’s allegation about Assistant US Attorney Ryan Patrick is more defense lawyer strategy than anything else, but if all it took was an indictment to force someone out of office, then it’s certainly possible to imagine a politically motivated prosecutor filing sketchy charges as a partisan tactic. Plenty of people have been unjustly prosecuted in other contexts, after all. It’s a terrible look and I’m sure Republicans are rubbing their hands with glee over the potential attack ads, but even public officials get their day in court.

Endorsement watch: Civil incumbents, part 2

The Chron continues a theme.

HarrisCounty

151st Civil District Court: Mike Engelhart

If you commute along the Southwest Freeway, then you probably know Judge Mike Engelhart from his big red billboard at Greenbriar Drive, which informs drivers that the two-term Democratic incumbent was voted trial judge of the year by the Texas Association of Civil Trial and Appellate Specialists. But billboards cost money, and in their meeting with the editorial board, Engelhart’s Republican opponent Jeff Hastings bopped the sitting judge for his prolific fundraising – even from lawyers who practice in his court.

Engelhart’s response? “I fundraise for this position because I want to win this election.”

And he should win. Engelhart has developed a reputation as a terrific judge with an impressive work ethic.

152nd Civil District Court: Robert K. Schaffer

Over his two terms on the bench, Judge Robert Schaffer has been elected by his colleagues to important leadership positions such as local administrative judge, and voters should follow their lead by electing Schaffer to another term.

164th Civil District Court: Alexandra Smoots-Hogan

Many judicial challengers pick their races just to ensure that their preferred party has a candidate on the ballot. Republican Bruce Bain picked this court specifically to remedy the perceived inefficiencies and failings of Democratic incumbent Alexandra Smoots-Hogan.

In a meeting with the editorial board, Smoots-Hogan admitted that she could be more perceptive to lawyers’ hurt feelings, but wasn’t sure whether that actually impacted the real work of her court.

165th Civil District Court: Debra Ibarra Mayfield

Debra Ibarra Mayfield came up through the ranks of the judiciary, proudly proclaiming that she served as the first Latina judge in the Harris County civil courts at law before being appointed to this post by Gov. Greg Abbott last year. The Houston College of Law graduate began her legal career as a briefing attorney for the Fourteenth Court of Appeals. Mayfield, the first in her family to attend college, brings a refreshing openness to the bench. She’s also an adjunct professor at University of Houston College of Law.

215th Civil District Court: Fred Shuchart

We’ve said it before and we’ll say it again: Judge Elaine Palmer needs to be removed from her seat.

333rd Civil District Court: Joseph “Tad” Halbach

Republican Joseph “Tad” Halbach, 60, who took the bench more than two decades ago, says he still has a “fire in his belly” for the judiciary and should continue to serve. Board certified in civil trial law, Halbach is currently an adjunct professor at the University of Houston Law Center and consistently gets high ratings from his peers on Houston Bar Association polls.

334th Civil District Court: Grant Dorfman

In this race between two highly qualified and experienced candidates, we urge voters to keep incumbent Judge Grant Dorfman on the bench in the 334th civil district court.

So all incumbents except for one, with the one exception being what I predicted last time. The only close call was Judge Smoots-Hogan, who is apparently on notice. We’ll see how the Criminal Court judges do.