Barbara Stalder

(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. Much more information about Democratic primary candidates, including links to the interviews and judicial Q&As, can be found on Erik Manning’s spreadsheet.

Judge Barbara Stalder

1. Who are you and in which court do you preside?

I am Barbara “BABS” Stalder. My nickname is BABS which I was given by a classmate/friend in first year law school back in the year 2000. The BABS stands for Bad Ass Barbara Stalder. Most of my close friends call me BABS. It’s a fun nickname to have.

I am the presiding Judge of the 280th Family Violence Protective Order Court.

2. What kind of cases does this court hear?

This Court hears cases orders of protection for victims of family violence, stalking, harassment, human trafficking, forced prostitution and sexual assault. This Court also has exclusive jurisdiction over custody cases where one parent has caused the death of the other parent and there is a family member seeking custody of the children.

3. What have been your main accomplishments during your time on this bench?

I am very proud of the work we have accomplished in the past three years and cannot name just one because we have accomplished so much.
a. We instituted best practices in strengthening our gun surrender program when issuing a Protective Order (PO) against a Respondent.
b. We partnered with the Public Defender’s Office in the appointment of pro bono lawyers for Respondents who have an active criminal case to protect their rights in both proceedings.
c. We created court policies and procedures that ensure fairness for both sides in the submission of evidence and witnesses so neither side is ambushed at trial.
d. We reassessed and tightened security measures for applicants appearing in-person in the courthouse.
e. We instituted a trauma informed approach to all cases and have integrated services when a PO is issued. *This was a mandate by the legislature when the Court was created in 2009 but had never been incorporated into the court. We refer both applicants and respondents to community services when needed such as counseling, parenting courses, substance abuse treatment, and battering intervention courses. We also have taken into consideration any low cost or no cost services for the litigants.
This mandate was to help prevent further family violence cases in the court system. We are extremely proud of the work in this area.
f. We instituted a strict “compliance hearing” policy where the Court holds a hearing approximately 90 days after the PO is issued to ensure the Respondent is complying with the Order. If needed the Court will Order further compliance hearings to make sure the respondent understands the seriousness of complying with a Court Order.
g. We created a late call email to assist lawyers who needed to contact the Court if they were running late.
h. We instituted a policy that responds timely to all calls and emails- usually that day or within 24 hours.
i. We employed best practices and appointed Amicus attorneys on a case-by-case basis when a child is name as a victim or protected person in a PO to insure the best interest of the child
j. We instituted a policy to appoint pro bono lawyers on a case-by-case basis if the Respondent shows a mental health or educational challenge to protect the Respondent’s right s. This also include minor who are named as Respondents in PO cases.
k. Began creating a bench/lawyer toolkit for lawyers in prosecuting and defending family violence cases including PO. (Partnered with AVDA, Judge Janet Heppard and law students from across Texas. We hope to complete this toolkit by the Summer 2022.
l. Partnered in 2021 with Judge Janet Heppard, AVDA, UH Law and Ft. Bend County Bar Association and provided a no cost CLE/webinar for lawyers in prosecuting and defending protective orders. We plan to repeat this course in 2022

4. What do you hope to accomplish in your courtroom going forward?

a. expand the pro bono attorney program to ALL indigent Respondents by working with the public defender’s office, the private bar, and our local law school clinics to meet the needs of our Court.
b. create a courthouse therapy dog program to assist with anxiety and fears when the parties return to in person proceedings in Court. This program will assist with providing a calm presence for those testifying in court
c. expand referrals for low cost or no cost services for both applicants and respondents who meet low-income requirements
d. create additional programs that reduce the likelihood of further family violence and repeat court cases as mandated by the legislature

5. Why is this race important?

Family violence cases have increased exponentially over the past three years, especially during Covid. During my first year on the bench the number of filings increased by over 30%. There is no associate judge to hear the overflow of cases and each case is considered a final trial. There are also no jury trials in this Court therefore the Judge of this Court is the sole person who hears these matters. Since 2019 we have disposed of over 4000 cases which includes default cases where a respondent fails to appear, agreements where both sides agree to a PO and bench trials where I listen to the evidence and make a decision based on a preponderance of the evidence. Since this is a specialty court, the only Court of its kind in Texas, the judge of the Court needs special training in family violence issues to effectively preside over these cases. Family violence involves complex family dynamics that go beyond mere physical violence. A Judge must have the skill and knowledge to understand the nuances of the intersections of emotional, physical, spiritual, financial, and psychological abuse.

A candidate who has little or no experience in this area will be ill-prepared to handle the issues and render orders that keep the applicant safe but also help the respondent to make effective changes. A candidate who has only a handful of family violence related cases is not equipped to make the important decisions of this Court. People’s lives are at stake, and we cannot afford to have a Judge who does not have extensive training for this bench. On the job training would be a disaster and our community cannot afford to take a chance with this Court.

We cannot put someone’s life in the hands of an inexperienced judge. It is too risky and too detrimental to our community. We did for the first two election cycles of this Court, and it was a disaster.

6. Why should people vote for you in March?

I am the only candidate with the education, experience, and training. I am the only candidate board certified in family law which means I am oe of only about 918 lawyers of the over 10,000 lawyers practicing family law that is specialized in this area. I also have over 30 years working in the family violence area, as a volunteer and then for over 16 years practicing law. I am a former mediator where I mediated high conflict family violence cases and I have represented both victims and respondents in family violence cases. I have been appointed to represent children in abuse, neglect, and family violence cases I am a former clinical professor at UH Law where I taught law students in family law cases. I also taught substantive courses in family law and family violence. I have participated as speaker and presenter at numerous local, state, and national conferences on topic of family violence, including the impact on children. I have served and continue to serve on local, state, and national committees or agencies involving family violence topics including the National Association of Women Judges, the National Council on Juvenile and Family Court Judges, the Judicial Engagement Network fellowship of judges who hear family violence matters, and a former member of the Academy of Experts in Traumatic Stress.

(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.

Barbara Stalder

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

My name is Barbara J. Stalder and I am running for the 280th Family Violence Court in Harris County Texas.

2. What kind of cases does this court hear?

This court hears divorce, custody and protective orders involving family violence

3. Why are you running for this particular bench?

I believe the citizens of Harris County deserve the most qualified and knowledgeable person for this specialized Court. I was the democratic candidate for the 280th in 2014 and my compassion and desire to make this court a model family violence court has been in forefront of my mind since that time. I want to serve the citizens of Harris County in the most meaningful way I can and being judge can serve that function. I believe all citizens have a right to a fair and impartial hearing, to be treated with respect and to have judge make decisions on the merits of the case rather than their socio-economical, cultural, or legal status.

4. What are your qualifications for this job?

Family violence affects every facet of a family law case from who is appointed the primary custodial parent to a fair and just division of property. This court needs a judge who has extensive family law and family violence trial experience. I am board certified in family law by the Texas Board of Legal Specialization and an expert in family violence issues. I have tried hundreds of often complex family law cases to both a judge and jury and have several appeals including a case to the Texas Supreme Court. I have also presented at local, state and national conferences on family law and family violence topics. I am former clinical professor at UH Law Center where I taught and mentored law student attorneys in a low income legal aid clinic. I taught semester courses in family violence and marital property. I have been appointed by the family courts as an Amicus for a child in a contested custody matter. As Amicus I investigated the child’s circumstances, interviewed the child(ren), family members, friends and professionals such as counselors and teachers. I was responsible for helping the court decide who would be the primary custody parent, where the child would live, the rights of each parent, and the possession and access of the child by the noncustodial parent. I am an expert in the field of domestic violence and have been a consulting expert for attorneys in cases where domestic violence was alleged.

5. Why is this race important?

1-3 women and 1-4 men will experience family violence during their lifetime. Family violence is multigenerational in one form or another; from taking on the traits of the batterer to becoming a victim themselves. In 2015 Harris County had 23 domestic homicides where an intimate partner murdered the other partner. Most occurred with firearms. This court hears protective orders, divorce and custody matters involving family violence. The lives of men, women and children often hang in the balance and it is up to the judge to hear the evidence and make a decision based on the law. The cases this court hears can often have life and death implications. It is important to have a judge who understands the nuances of the Texas Family Code and the intersection of family violence. It is also critical the judge of this court have experience and expertise regarding the child’s best interest. Children who are exposed to family violence for any significant period of time have difficulty with brain development and without early intervention may not be able to reach their true analytical and emotional potential. It is not enough to have only cursory experience with children to know and understand the long term impact of family violence.

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

I am the only candidate that is board certified in family law. I have also taken additional legal and non-legal courses on family violence and the impact on children. I have not only handled protective but severe family violence where the mother was murdered by the father and the family members were left to pick up the legal pieces and take care of the children. I have handled complex property cases, veterans issues such as those with PTSD, same sex custody and adoption cases, as well as unaccompanied minor who have been abused, neglected or abandoned by one or both parents. I am the right candidate with the right experience for this court and I can hit the ground running without any additional legal education or refreshers courses. Finally, I am fair, impartial and objective. I want to serve the citizens of Harris County and insure each child’s best interest comes first.

(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 all of my interviews as well as finance reports and other information on candidates on my 2014 Election page.)

Barbara Stalder

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

I am Barbara J. Stalder. I am running for the 280th Judicial District Court.

2. What kind of cases does this court hear?

The 280th Judicial District Court primarily hears protective orders involving domestic violence. It can also hear (a) original family law cases filed with a protective order, (b) cases involving custody of a minor child if one parent is alleged to have caused the death of another parent and there is a history of domestic violence in the parents’ relationship, (c) divorce and custody cases in which a court has made a finding of family violence involving both parties; or a protective order has been issued, involving both parties.

3. Why are you running for this particular bench?

I have dedicated my entire adult life to improving the lives of children and victims of domestic violence in the Greater Houston community. All Houstonians deserve a voice in their justice system and I decided early in my career to challenge myself to tirelessly represent clients in need of help, regardless of their ability to pay.

Harris County deserves a judge with the training and experience needed to understand the devastating effects domestic violence can have on victims and their children. I know domestic violence because I’ve seen it and experienced it. As a survivor of both childhood and adult domestic violence, I fled an eleven-year abusive relationship in 1989. Since 1990, I have worked with child victims of domestic violence, abuse, and neglect. My work has includes helping women victims fleeing their homes with nothing but the clothing on their backs. I have represented women who have been stabbed, beaten, stalked, held captive, and threatened with harm to their children and/or fraudulent or coercive legal consequences by their abusers. Although the majority of victims were women I also had several cases in which I represented men. However, men do not usually report the violence and rarely come forward asking for help. My work with these victims and children gives me specialized knowledge and understanding of what effective judicial leadership looks like.

4. What are your qualifications for this job?

I have practiced law for over 10 years but have worked closely with domestic violence victims for over 25 years. My legal career has been dedicated to working with victims of domestic violence, child abuse, and child neglect. Several years ago, I founded a children’s legal service program in Houston to train lawyers representing abused and neglected children. The program also represented children in Child Protective Services (CPS) and contested custody cases.

My experience also includes representing women and children at Aid to Victims of Domestic Abuse (AVDA). Some of the most difficult cases I’ve been involved with are those in which I represented children whose mothers had been murdered by their father. Relatives were left to pick up the pieces.

I am currently a clinical professor of law at the University of Houston Law Center, where I teach, mentor, and supervise second and third-year law students. Students represent real clients, including many involving domestic violence issues. I have been fortunate to have received numerous awards, including the Texas Young Lawyers Association (TYLA) President’s Award of Merit for co-authoring the publication, “What To Expect In Family Court.” I have worked with the domestic violence community, have a good working relationship with other legal aid organizations and am respected by my peers for my work as a lawyer and advocate for women and children.

I have been practicing law for over 10 years, I recently became Board Certified in Family Law by the Texas Board of Legal Specialization and I have dedicated my legal career to helping others. My husband, Fred, and I recently celebrated our 22nd wedding anniversary, love exploring our Houston community, and volunteer our time with Houston animal rescue groups.

5. Why is this race important?

Our daughters, nieces, sisters, aunts, cousins and friends need a judge who understands not only the physical aspects of domestic violence, but the emotional, spiritual and economic aspects. We need a judge who has the knowledge and experience to recognize the subtle ways batterers continue their abuse after the victim has left. We need a judge who is willing to work with our domestic violence community in creating programs to move our victims from helplessness to hopefulness. We need a judge who can can be fair, respectful, and give every person the right to have their voice heard.

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

I am the most experienced lawyer in this race. I have dedicated my entire adult life to advocating for victims of domestic violence. Not only have I represented hundreds of women and children whose lives were forever changed by domestic violence, I also teach my students how to recognize, understand and advocate for victims of violence. I am objective, open-minded and believe every person who comes into court deserves respect and fairness.