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Tina Clinton

Endorsement watch: Judicial races

The Chron endorses two Dem challengers and one Republican incumbent for the Court of Criminal Appeals.

Judge Tina Clinton

A court’s legitimacy derives in part from its capacity to inspire trust in the minds of those who live by its rulings. “There cannot be a trust among the African American community that the system is fair when the judges dispensing that justice are all represented by just one group,” Judge Tina Yoo Clinton, a Dallas County district court judge whom we recommend for Place 4, said last month at a virtual forum organized by the Innocence Project of Texas. She was noting that there are currently no Black justices on the court, and just one of nine members is Latino.

It’s a valid point, but it’s also true that in the context of the Court of Criminal Appeals, diversity must also include a broader range of ideological perspective and of life experience. That’s because how a judge sees the law — and how he or she applies it to a particular case — is far more complex than sound bites about “activist judges” or labels such as conservative and liberal.

[…]

Place 4, Tina Yoo Clinton (D)
Tina Yoo Clinton, 50, has more than 14 years experience as a judge and 10 more as a prosecutor. She brings a combination of a veteran judge’s experience and the enthusiasm and fresh perspective of a newcomer. It’s exactly the mix the court needs.

For that reason, we recommend her over Justice Kevin Yeary, who has been on the court since 2014.

“Clearly when you look at what is going on in the United States within the criminal justice system, we have to recognize that even though we want justice to be colorblind, it is not colorblind,” Clinton said during last month’s candidate forum.

That’s a starting point that will help shape the discussions among the nine justices in ways that keep fairness at the center of the debate. Matched with her long experience and commitment to follow the law, we believe she will help render justice in which all Texans can have faith.

Place 9, Brandon Birmingham (D)
We recommend voters elect Dallas County criminal district court Judge Brandon Birmingham, 43, in Place 9, even at the high cost of losing Justice David Newell, whose voice on questions of actual innocence has been reasoned and refreshing.

But he adheres to the court’s overall emphasis on textualism, and approaches each case within a narrower view of what justice requires than would his opponent. The court’s nine members urgently need new perspectives, new sets of life experiences, and new vantage points from which to see the law and the facts in order to render decisions that have credibility with an increasingly skeptical public.

Birmingham would stretch the boundaries of that debate — and would do so using experience as a judge, a prosecutor and a change agent.

They also endorsed Justice Bert Richardson, who I will agree is a good judge, over challenger Elizabeth Frizell. At least here, the Chron did more than just nod in the direction of increasing the diversity of this court, as they did with the Supreme Court.

In the other judicial races, the Chron endorsed all four Republican incumbents on the First and Fourteenth Courts of Appeals, and five Dems and five Republicans (plus one abstention) for the district courts. I’m just going to say this: If there’s one thing we should take away from the Merrick Garland/Neil Gorsuch and Amy Coney Barrett experiences, it’s that the judiciary is to Republicans (with a huge push from the professional conservative movement) nothing but an expression of political power. Gorsuch was given, and Barrett almost certainly will be given, a lifetime tenure on the US Supreme Court, where they will consistently rule in favor of Republican and conservative positions, because the Republican-held Senate had the power to block Garland and install the other two.

Here in Texas, where we elect judges as part of the regular electoral process, there has been a call to move away from partisan elections of judges and towards some other, as yet undefined system, which may involve appointments or bipartisan panels or who knows what else. This push has emerged and grown as Democrats have begun to assert more political power in Texas – I’ve been documenting it since 2008, when we elected Democratic judges for the first time since the early nineties. What the voters want is more Democratic judges, and so it has become Very Important for the Republicans that still retain full power in this state to make sure they don’t get them.

As a matter of abstract principle, I would agree that we could do a better job picking judges than the current system we have, where judges are voted on by people who mostly have no idea who they are and what they do. I’m sure if we put a few sober and learned types in a room for a few hours, they would emerge with a perfectly fine system for selecting judges on pure merit. But we’ve had this imperfect system for a long time, and when it benefitted the Republicans it was just fine. It certainly benefits them right now, when questions about voting rights are being litigated. If more Democratic judges get elected this cycle, I consider that just to be some balance on the scales. When we get to a point of having solid Democratic majorities on the Supreme Court and the CCA, and there’s a Democratic Governor and Lt. Governor and Democratic majorities in the House and Senate, then come back with a fully-formed plan for non-partisan meritocratic judicial selections, and we can talk. Until then, I say elect more Democrats, including and especially Democratic judges. Politics has been a key part of this process from the beginning. The fact that the politics are slowly starting to favor the Democrats is not a compelling reason to change that. Quite the opposite, in fact.

Statesman overview of the statewide judicial races

It’s good to have a full slate of qualified candidates.

After years of trouble scraping together enough candidates to run for seats on both statewide courts, Texas Democrats have the opposite situation in 2020 — contested primaries in almost every race.

In all four races for the Texas Supreme Court, the state’s highest civil court, two Democrats are vying to challenge Republican incumbents.

And for the state’s top criminal court, multiple Democrats are running in two of three available races for the Texas Court of Criminal Appeals.

The renewed Democratic interest comes after the party’s court candidates lost by 6 to 8 points in 2018 — defeats that seem strong after the party’s judicial candidates were drubbed by an average of 24 points in 2010.

As an added incentive, Democratic judicial candidates tend to do better in presidential election years like 2020.

Contested primaries are a mixed blessing, offering an opportunity to improve name recognition but depleting campaign coffers, particularly in Supreme Court races in which GOP incumbents can raise more than $1 million in contributions, largely from civil lawyers and law firms. In contrast, races for the Court of Criminal Appeals tend to be low-cost affairs.

Let me start by saying once again that the “contested primaries are resource drains” narrative continues to be tiresome, and in a year where a lot of people will be voting in the primary it’s very much a good thing for voters to have some idea of who you are ahead of November. There are brief writeups of each candidate, not much more than that, but it’s a start. I have Q&A responses from a couple of the candidates, Judge Amy Clark Meachum (Supreme Court, Chief Justice) and Steve Miears, Court of Criminal Appeals, Place 4. Texas Lawyer has Q&As with nearly all of these candidates as part of their judicial race coverage. Their Supreme Court candidate Q&As are here and for the Court of Criminal Appeals here. The Erik Manning spreadsheet shows everyone’s endorsements, and as you can see there were a lot of split decisions.

One race has drawn a bit more heat than the others, the Supreme Court Chief Justice primary.

Judge Amy Clark Meachum

Jerry Zimmerer, a Houston appeals court justice running for Texas Supreme Court, said his Democratic primary opponent, Amy Clark Meachum, has “selfish” motivations for running, pointing to the fact that she has cast her campaign to be the first woman elected chief justice of the Texas Supreme Court as a historic one.

“I just think somebody who wants to try to break barriers for their own benefit is not going to be successful,” Zimmerer told The Texas Tribune in an interview Thursday. “I just don’t think that’s what voters are looking for. … I just think that’s a goal she wants to achieve for herself.”

He said his campaign is different because “I actually want the best candidate to win.”

“I may not be the first anything, but I’m going to be the best,” he said.

Meachum said Zimmerer “should run on his own record instead of attacking mine.” Throughout her campaign, Meachum has said she hopes to restore balance to the all-Republican court and champion women in the legal profession.

“If he chooses to disparage a more qualified and experienced judge because of her gender, he’ll find himself on the wrong side of history,” she said. “These sorts of sexist comments are straight from the 1950s.”

[…]

In a state bar poll that gauges Texas attorneys’ support for judicial candidates, Meachum won more favor than Zimmerer, with 1,779 votes to his 326. The Republican incumbent, Chief Justice Nathan Hecht, won 2,706 votes.

Meachum has said she is the Democrats’ best chance at winning a seat on the high court for the first time in more than two decades.

“I don’t exactly look like or sound like my primary opponent, my general election opponent, or any of the men who have previously been elected Chief Justice,” she said in a Houston Chronicle questionnaire. “I am making an important statement for women in the law and women in our party in 2020 and I would appreciate your support!”

Reached Friday for comment, Zimmerer said, “As someone who has traveled the state trying to pull together all the different groups that make up the Texas Democratic Party into a cohesive coalition, I have concerns with those who would seek to divide us.”

Yeah, put me down in support of Judge Meachum on this one. I know both of these candidates and I like them both, but I disagree with Justice Zimmerer’s argument. We’ll see what the voters think.

January 2020 campaign finance reports: Statewide

There’s a whole lot of candidates of interest for state offices. I’m going to break them down into several groups, to keep things simple and the posts not too long. Today we will look at the candidates for statewide office. This will include the statewide judicial races, and both Republicans and Democrats. I have previously done the Harris County reports.

Roberto Alonzo, RRC
Chrysta Castaneda, RRC
Kelly Stone, RRC
Mark Watson, RRC

Ryan Sitton, RRC

Amy Clark Meachum, Supreme Court, Chief Justice
Jerry Zimmerer, Supreme Court, Chief Justice

Nathan Hecht, Supreme Court, Chief Justice

Kathy Cheng, Supreme Court, Place 6
Lawrence Praeger, Supreme Court, Place 6

Jane Bland, Supreme Court, Place 6

Brandy Voss, Supreme Court, Place 7
Staci Williams, Supreme Court, Place 7

Jeff Boyd, Supreme Court, Place 7

Peter Kelly, Supreme Court, Place 8
Gisela Triana, Supreme Court, Place 8

Brett Busby, Supreme Court, Place 8

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

Gina Parker, Court of Criminal Appeals, Place 3
Bert Richardson, Court of Criminal Appeals, Place 3

Tina Clinton, Court of Criminal Appeals, Place 4
Steve Miears, Court of Criminal Appeals, Place 4

Kevin Yeary, Court of Criminal Appeals, Place 4

Brandon Birmingham, Court of Criminal Appeals, Place 9

David Newell, Court of Criminal Appeals, Place 9


Candidate     Raised     Spent     Loan     On Hand
===================================================
Alonzo         1,500     8,458    7,340       3,840
Castaneda     46,297    42,196   26,000      46,297
Stone         25,331    23,465    3,875       3,018
Watson           750     3,762        0         750

Sitton       480,850   154,832  378,899   2,514,759

Meachum      139,370    42,854        0     119,067
Zimmerer      10,680    22,213   20,000      45,251

Hecht        296,168   146,575        0     531,660

Cheng          1,315    41,200   84,167       8,129
Praeger        1,280     5,227   10,000       1,280

Bland        335,707    73,945        0     277,965

Voss         100,696   135,076  100,000     169,470
Williams      55,154   105,936        0      59,074

Boyd         134,844   100,193      177     562,533

Kelly         30,527     7,037        0      50,963
Triana       100,970    39,710        0     106,577

Busby        260,378   129,825        0     542,918

Demond        4,250      5,050    5,000       3,599
Frizell       1,000        988        0          11
Wood          6,490     68,592        0      41,291

Parker       58,195     82,247   25,000      21,055
Richardson   52,975     21,690    4,500      35,207

Clinton           0     10,216   25,000       4,944
Miears            0      3,750        0           0

Yeary        14,355     11,203    3,004       6,245

Birmingham   29,770     16,375   10,960      25,003

Newell        8,879      7,370        0       1,391

Railroad Commissioner is not a high profile office and not one for which a bunch of money is usually raised, though Ryan Sitton has clearly made good use of his five-plus years on the job. If you’ve listened to my interviews with Chrysta Castañeda and Kelly Stone, you know that I’m a little scarred by goofy results in some of our statewide primaries in recent cycles. Strange things can and do happen when people have no idea who the candidates are, as the likes of Grady Yarbrough and Jim Hogan can attest. On the plus side, I’d say three of the four candidates running in this primary would be fine – Castañeda and Stone are actively campaigning, Roberto Alonzo is a former State Rep, you can have confidence they’ll do their best. As for Mark Watson, at least I could identify him via a Google search. It’s a low bar to clear, you know?

I don’t often look at finance reports for judicial candidates – there’s just too many of them, for one thing, and they usually don’t tell you much. None of what I see here is surprising. The Republican incumbents have a few bucks, though none of their totals mean anything in a statewide context. I’m guessing the Dems with bigger totals to report had cash to transfer from their existing accounts, as District Court or Appeals court judges. It’s possible, if we really do see evidence of the state being a tossup, that some PAC money will get pumped into these races, for the purpose of making sure people don’t skip them. Everyone has to be concerned about the potential for undervotes to have an effect on the outcome, in this first year of no straight ticket voting.

As for the Court of Criminal Appeals, well, the money’s on the civil side of the house. It is what it is. I’ll be back with the Lege next, and then the SBOE and State Senate after that.

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.

We should have a full statewide slate

Nice.

Judge Gisela Triana

For Brandon Birmingham, a state district judge in Dallas, the 2020 race for Texas Court of Criminal Appeals started on election night 2018.

As he watched Beto O’Rourke win more votes than any Texas Democrat ever had in a statewide race, Birmingham — who himself won reelection that night with 100% of the vote in his countywide district — began to mull his own chances at winning Texas. Within weeks, he’d reached out to the state Democratic Party. By December, he’d sat down with party officials over breakfast in Dallas to discuss a possible run.

Now, as the 2020 election season begins in earnest after the start of the filing period Nov. 9, Birmingham is one of 14 Democrats seeking one of seven seats on the state’s two high courts — an unusually crowded and unusually qualified field for races that have over the past two decades plus proved suicide missions for Democrats. This year, with a controversial Republican president on the ballot and sky-high stakes for Texas Democrats, candidates are hoping the races look more like heroes’ journeys.

“In 2018, 2016, 2014, 2012, the last four cycles, the month of October was spent talking and begging people to come to us, to run for these kinds of offices,” said Glen Maxey, a former Texas House member who is coordinating statewide judicial races for the Texas Democratic Party. “That’s what’s different about 2020. We did not make a single phone call. … We have not twisted a single arm about doing this.”

In past years, Maxey said, the party was often scrambling to find “any qualified attorney” to put on the ballot. This year, nearly every race involves at least one sitting judge or justice with years of experience.

[…]

Strategists sometimes consider statewide judicial races the best measure of the state’s true partisan split: Whom do voters pick when they know little or nothing about either party’s candidate?

Statewide judicial races are “important to watch in terms of partisan vote behavior,” said Mike Baselice, a GOP pollster. They show a “good reflection of base Democratic and base Republican vote in the state.”

That also means that judicial candidates typically rise and fall as a slate: Most likely, either all of them will win or none of them will, strategists acknowledge. It’s a blunt theory, but it offers clear strategic guidance: A rising tide lifts all boats.

“We won’t have them each deciding to be at the same chicken fry in Parker County on the same Friday,” Maxey said. Instead, he said, they’ll tell nominees: “We need you to travel. We need you to be making appearances as seven people in seven different media markets every day, so that people are hearing a Democratic message about equal justice, all over, everywhere.”

I agree with Mike Baselice that judicial races do indeed do a good job of measuring partisan vote behavior. As you know, I’ve been using CCA races across the years as my point of comparison. I like judicial races at the county level even more because they are almost always straight up R-versus-D contests, but a lot of these go uncontested in counties that have strong partisan leans, so the statewides are the best overall proxy.

By that measure, 2018 was easily the most Democratic year in recent memory. The Supreme Court and CCA Democratic candidates ranged from 45.48% (in a race that included a Libertarian) to 46.83%, the best showing since Sam Houston got 45.88% in 2008 and Margaret Mirabal got 45.90% in 2002. I’d quibble slightly with the assertion that all the Dems will win or none of them will – there is some spread in these races, so if the state is basically 50-50, you could have a couple Dems sneak through while others just fall short. That’s basically what happened in Harris County judicial races in 2008 and 2012, after all. The presence or absence of third party candidates could be a factor as well, as more candidates in the race means fewer votes, and only a plurality, are needed to win. Again, this is only relevant if the state is truly purple, and the range of outcomes that include a split in the judicial races is narrow, but it could happen.

My one complaint here is that the story only names one Democratic CCA candidate, while teasing that there are many more. So I asked some questions, of reporter Emma Platoff and Patrick Svitek, reporter and proprietor of the Patrick Svitek spreadsheet of announced candidates, and now that Statewide tab is full. Here. for your perusal, are your Democratic statewide judicial candidates:

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

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

Kelly is a Justice on the First Court of Appeals, elected in 2018. He doesn’t appear to have an online campaign presence yet, but a search for “peter kelly texas supreme court” yielded this.

William Demond is a “constitutional rights attorney” in Houston. Elizabeth Frizell is a former County Criminal Court judge in Dallas who ran for Dallas County DA in 2018 but lost in the primary. This story in The Appeal has some information about her candidacy from that year. Dan Wood is a criminal appellate lawyer who ran for the Fifth Court of Appeals in 2012 and for CD05 in 2018.

Brandon Birmingham, the one candidate named in the story, was elected to the 292nd Criminal District Court in Dallas in 2014, re-elected in 2018.

Tina Clinton serves as Criminal District Judge Dallas County Number 1, which is a felony court. I don’t know why the nomenclature is different from the other District Courts as I had not heard of this kind of court before, but similarly-named courts exist in Tarrant and Jefferson counties as well. She was elected to this court after serving eight years as a County Criminal Court judge, and you can scroll down the 2018 election results page to see more judges like her. Steve Miears is a criminal and criminal appellate attorney from Grapevine.

And now we’re as up to date as we can be The Secretary of State is now providing candidate filing information, which tells me that as of Friday Lawrence Praeger was the only one to have formally filed. More are to follow, and I’ll keep an eye on it.