Off the Kuff Rotating Header Image

January 14th, 2022:

Interview with Clarence Miller

Jan 14th, 2022
by Charles Kuffner.
Comments are off for this post

Clarence Miller

One last interview for Harris County Commissioners Court, Precinct 4. Next week I will have interviews for other county offices, and after that will visit with some more legislative and Congressional races. Today we speak with Clarence Miller, whom I had met in pre-COVID times and was running for this position well before the new map was drawn. Miller worked for the United States Postal Service for 29 years and served as Director of the Houston Post Credit Union, and was elected as Director of the Northwest Harris County Municipal Utility District #24. Here’s the interview:

As with the judicial Q&A’s, more information about Democratic primary candidates, including links to the interviews and judicial Q&As, can be found on Erik Manning’s spreadsheet. I will periodically round up the links to these posts as well.

Judicial Q&A: Judge Michael Newman

Jan 14th, 2022
by Charles Kuffner.
Comments are off for this post

(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 Michael Newman

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

My name is Michael Newman. I am the incumbent Judge of Harris County Probate Court Two. I have over 41 years of legal and trial experience. I have tried over 110 cases as a trial lawyer and judge. During my career, I have conducted thousands of contested hearings, represented thousands of clients in complex disputed matters including will contests, elder abuse and financial exploitation, common law marriage and child visitation disputes, contested guardianships and personal injury and insurance defense cases.

As a certified mediator, I have conducted over 500 mediations, settling over 80% of the cases that I mediated. I have been married to trial attorney Deborah Newman for over 36 years.

Our daughter Caitlin, 28, is a manager in the hospitality industry. We have two rescue dogs, Bridget and Chloe. I received my JD Degree from the University of Houston Law center in 1980, where I served as associate Editor of the Houston Law Review. I received a B.B.A in management with Honors from the University of Texas at Austin in 1977

2. What kind of cases does this court hear?

Probate Court 2 is a trial court. We try and hear contested cases involving will contests, challenging the validity of wills, the testamentary capacity of testators and undue influence and fraud; breach of fiduciary cases, elder abuse and financial exploitation, common law marriage disputes involving the characterization of community and separate property, contested guardianship cases, personal injury, medical malpractice and wrongful death and real estates and business disputes. The non-contested matters include the probate of wills, uncontested heirships, and guardianship cases.

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

Since being elected, I have quadrupled the number of weekly ancillary dockets from one to four. Ancillary dockets are the ones where the judge handles disputed hearings. As a result of the increased dockets, the number of contested hearings have increased by over 100 percent and the waiting time for contested hearings has also been reduced for lawyers and litigants During my term, the number of trials conducted has increased by a factor of five.

I have significantly increased the diversity of the court staff over sixty percent of new court staff have been qualified minority candidates. I rule timely, rarely take cases under advisement since I read all paperwork filed prior to hearing and have not been reversed on appeal, as of yet.

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

I will continue to provide the public, lawyers, and their clients with equal and timely access to the courts, render prompt and correct rulings in accordance with the law in a fair and nondiscriminatory manner to avoid unnecessary costs and delay. I will continue to treat all people that appear in my court with the dignity and respect each deserve. I will continue to read all motions and paperwork in advance of all contested hearing and trials, as well as work as hard as I can serving the public in a just and fair manner and will proceed with my recruitment of additional qualified minority candidate for court staff positions.

5. Why is this race important?

Harris County Probate Court 2 is first and foremost a trial court. Trials are now set on Thursdays and Fridays in addition to Mondays because of the heavy volume of contested cases that are filed and to accommodate lawyers and their clients.

It is essential that the lawyer elected to serve as probate judge have the necessary trial experience and substantive knowledge of the many diverse areas of laws that this courts hears so that proper and time rulings can be made. The cases heard in probate court effect the lives including the emotional and financial wellbeing of the people that seek judicial relief. In addition to judicial temperament, the judge of probate court must have the substantive knowledge and necessary experience of the Texas Rules of Civil Procedure, the Texas Rules of Evidence, the Texas Estates Code, the Texas Guardianship code, the Texas Family Code, the Texas Trust Code, among other codes and statutes.

6. Why should people vote for you in March?

I seek reelection because I am the candidate running for this court with the necessary years of experience in just the types of cases and issues that are litigated in probate court. I draw on that experience every day. Lawyers with minimal experience can and do run for judge, but a law license does not make one qualified to make the kind of decisions probate court judges make every day. As my literature states, “Experience matters”.

I have over 41 years of trial experience as a trial lawyer and trial judge. I have represented thousands of clients in disputed cases, I have conducted thousands of hearings and have tried over 110 trials as a lawyer & judge. I have conducted over 600 meditations as a lawyer and certified mediator. I have been committed and will continue to be committed to providing equal and timely access to the courts for hearings & trials in a fair, impartial and non-discriminatory manner.

Literally hundreds of lawyers that practice in my Probate Court 2 strongly support my reelection. They have seen my commitment to providing court access; they have observed my patience and preparedness; and observed my commitment to do the right thing. I know that rulings can greatly affect people’s lives, their families, finances and loved ones.

I have spent years arguing before judges; now lawyers argue before me in Probate Court 2. I know how hard they work and the stresses of their clients. I try to keep people at ease. My court has been present to serve those who need access. We are there because we are needed, and I make sure the staff keep that in mind.

I am a judge who likes and cares about people. That coupled with my experience, my record and my temperament are the reasons that people should vote for me in March. Because I wanted to serve in a way that all judges should. I have the experience to rule accurately, to follow the law and to understand the effects of rulings on peoples’ lives.

As a judge I am diligent, prepared, and attentive. I treat those who come to probate court 2 equally and with respect. My first tenure as a judge has been personally fulfilling. I have been a lawyer in court and know that it can be a difficult job. I respect the lawyers and their clients and give the time and attention required to make the best decisions I can, while following the law. I read what lawyers file; and I treat everyone with respect. My legal experience, knowledge and integrity are unmatched.

On the campaign trail again

Jan 14th, 2022
by Charles Kuffner.
Comments are off for this post

It’s good to be back.

In the 2020 election cycle, many campaigns in Texas went fully virtual as the coronavirus pandemic, then a new and uncertain threat, bore down on the state. They held virtual rallies, phone banks and fundraisers, trading in clipboards and walking shoes for webcams and microphones.

As the weeks went on, though, Republicans resumed in-person campaigning and managed to stave off a massive Democratic offensive in November. Democrats later admitted that their decision to suspend door-knocking and other in-person activities hurt them.

Now, nearly two years later and with a new COVID-19 variant surging across the state, Democrats appear set on avoiding the same mistake. Few, if any, Democratic campaigns have gone fully virtual, and many are pressing forward with in-person campaigning while taking some precautions.

“Like everyone else across the globe, we are keeping a close eye on the Covid-19 Omicron Variant and assessing the risks associated with this surge,” Texas Democratic Party spokesperson Angelica Luna Kaufman said in a statement. “However, there is a lot at stake this midterm election and in-person campaigning will be a critical component to engaging voters and winning these races.”

She emphasized the country is “not in the same situation as we were in 2020.” Vaccines are widely available, and people are well-practiced in how to stay safe in public.

Still, the omicron variant looms large, and the campaign trail has not been immune to it. Some forums are still being held virtually, and candidates, staffers and volunteers are having to deal with the logistical challenges that come when one of them tests positive amid the fast-spreading variant.

[…]

Democrats’ most celebrated candidate this cycle, gubernatorial contender Beto O’Rourke, has been regularly campaigning in person since launching his bid in November. He has been holding larger events outside, and his campaign asks attendees to wear masks and encourages them to be vaccinated. The campaign has made rapid testing available to attendees at some events.

“Speaking with Texans one-on-one is at the heart of our campaign,” O’Rourke’s campaign manager, Nick Rathod, said in a statement. “After holding 70 events in 30 cities during the first weeks of our campaign, we remain committed to meeting Texans where they are and will continue to closely follow” public health guidelines.

O’Rourke’s first campaign event since omicron began surging in Texas was Saturday in El Paso. Attendees were told “masks are strongly encouraged regardless of vaccination status” and that they would be provided for those who need them. On event sign-up pages, attendees were also told that by attending, “you understand and accept the risks associated with COVID-19.”

O’Rourke’s campaign is already block walking, though those who volunteer to do so have to sign a “COVID-19 Block Walk Safety Agreement Form.” Among other things, the form requires volunteers to wear masks when not eating or drinking and maintain their distance from voters “at all times possible.”

O’Rourke was among the Democrats who lamented the party’s refusal to campaign in person ahead of the 2020 election. He had been deeply involved in the fight for the Texas House majority through his Powered by People group, which shifted virtually all its activities online because of the pandemic. Writing to supporters days after Republicans swept Texas in the election, O’Rourke said one of the lessons was “nothing beats” talking to voters “eyeball to eyeball” and that “there is a safe way to do this, even in a pandemic.”

Not much to add here. To whatever extent the virtual campaigning of 2020 led to lesser outcomes than we might have had otherwise, no one wants to do that again. Most in-person events right now are being done virtually, but that is temporary. I’m certainly ready to see a bunch of my political friends in person again, in our natural environment. To that, here’s a little song you might know:

Happy trails, y’all.

Beto for legalizing weed

Jan 14th, 2022
by Charles Kuffner.
15 comments

I do think this is a winning campaign theme.

Beto O’Rourke

At a crowded rally in downtown Austin, Beto O’Rourke ticked off his usual laundry list of campaign promises: stabilizing the power grid, rolling back the state’s new permitless carry law and expanding health care access.

But the El Paso Democrat got some of the loudest cheers of the night when he promised to legalize marijuana in Texas, something he said “most of us, regardless of party, actually agree on.”

“I’ve been warned that this may or may not be a popular thing to say in Austin, Texas,” O’Rourke said to the crowd gathered in Republic Square Park in December. “But when I am governor, we are going to legalize marijuana.”

The support is nothing new for the gubernatorial candidate. O’Rourke has championed legalization efforts throughout his political career, ever since his time as a member of the El Paso city council. He also nodded at the policy throughout his failed campaigns for U.S. Senate and for president.

But in his early run for governor, O’Rourke, who declined to be interviewed for this story, has repeatedly mentioned legalizing marijuana on the campaign trail across Texas. Advocates hope the increased attention will give momentum to legalization efforts in a state with some of the harshest penalties and highest arrest rates for marijuana possession.

[…]

If O’Rourke becomes governor, his plans to legalize marijuana would face another set of hurdles in the form of the Texas Legislature, particularly Lt. Gov. Dan Patrick, who leads the state Senate.

After the House in April 2019 gave preliminary approval to a bill that would have reduced criminal penalties for Texans possessing small amounts of marijuana, Patrick declared the measure dead in the Senate.

There’s been some momentum for more progressive marijuana policies within Patrick’s party in recent sessions. In 2019, state Rep. Stephanie Klick, R-Fort Worth, and state Sen. Donna Campbell, R-New Braunfels, filed bills that would relax laws restricting medical cannabis access. Both of those reforms failed to become law. But Gov. Greg Abbott in May did sign a watered-down expansion of Texas’ medical marijuana program to include people with cancer and post-traumatic stress disorder.

Patrick did not comment for this story. In a previous statement to The Texas Tribune, a Patrick spokesperson said the lieutenant governor is “strongly opposed to weakening any laws against marijuana [and] remains wary of the various medicinal use proposals that could become a vehicle for expanding access to this drug.”

Abbott didn’t answer questions on his position regarding marijuana legalization.

Legalization advocates hope O’Rourke’s candidacy can move opinions among state leaders on relaxing marijuana restrictions.

“Hopefully with Beto O’Rourke presumably being the Democratic nominee, we can push the other candidates in the race to talk about this issue more, to come to the table and have a conversation about how these policies are having negative impacts on our state,” said Heather Fazio, director of Texans for Responsible Marijuana Policy.

Marijuana legalization draws some broad support across the state. According to a June 2021 University of Texas/Texas Tribune Poll, 60% of Texas voters say at least a small amount of marijuana should be legal. That figure includes 73% of Democrats, 74% of independents and 43% of Republicans.

Mike Siegel, the co-founder of Ground Game Texas, a nonprofit focused on supporting progressive policies around “workers, wages, and weed,” said the issue is an opportunity for O’Rourke to reach independent or nonaligned voters.

“[Marijuana policy] is a major opportunity for [O’Rourke] to reach out to middle of the road, independent or nonaligned voters and even some Republican voters,” Siegel said. “A governor’s race that’s high-profile like the one that is coming up, where it could be Beto O’Rourke versus Greg Abbott, that’s the best opportunity to push these populist wedge issues.”

But Joshua Blank, research director for the Texas Politics Project at UT-Austin, said marijuana legalization isn’t a “terribly important issue” for voters on its own. Its political salience depends on the issues tied to the policy, he said, whether that is the economy, criminal justice system or health care.

As the story notes, this is a longstanding issue for Beto, going back to his days on El Paso City Council more than a decade ago as well as his time in Congress. I do think this is an issue that can move votes and motivate less reliable voters, though of course it has to be part of a bigger structure. I could see the overall message as being basically that Abbott is out of touch with what typical Texans want, with “not freezing to death because of massive power grid failures” being the first item on that list. Basically, how effective this will be as a campaign issue is largely what Beto can make of it. For now, I’m happy to see stories like this one.