The Chron got some national buzz for their blanket non-endorsement of judges who support the current bail structure, but overall they’re supported a large number of Republican incumbents on the bench. Not all by any means, but well more than a majority. I want to highlight three races where they endorsed Democratic challengers, as in all three cases the Republicans (two incumbents, one running for an open seat) are truly deserving of defeat.
For Supreme Court, Place 4, the Chron endorsed RK Sandill:
District Judge R.K. Sandill is running for our state’s highest civil judicial office on a platform of moderation. We don’t usually hear that from judicial candidates, but most don’t run against an incumbent like John Devine.
Devine gained a reputation as an ideologue when he campaigned for district court with the promise to “put Christianity into government.” As a district judge, he cemented his reputation as a hard-right jurist when he fought to keep the Ten Commandments on display in his Houston courtroom. More recently, Devine wrote a bizarre dissent to a decision by his colleagues not to hear a case involving same-sex spousal benefits for city of Houston employees.
Devine wrote that government is justified in treating same-sex couples differently because “opposite-sex marriage is the only marital relationship where children are raised by their biological parents.” He completely ignored that the Supreme Court has held that the Constitution prohibits discrimination on the basis of sexual orientation in the case of marriage.
But you don’t have to rely on our assessment of Divine’s bias. Almost half of the attorneys polled in the Houston Bar Association 2017 judicial evaluation questionnaire gave him the lowest possible rating for impartiality. Sandill received more favorable votes on the Houston Bar Association preference poll than the one-term Devine — a rare occurrence of a challenger beating an incumbent. In the State Bar of Texas poll, Sandill received 2,446 votes to Devine’s 1,957.
Add our endorsement to the list.
Devine has been an embarrassment since he knocked off a perfectly fine district court judge in Harris County in 1994. He doesn’t belong anywhere near a bench. The Chron also endorsed Steven Kirkland for Place 2, but at least the incumbent he opposes isn’t a complete travesty.
For Presiding Judge of the Court of Criminal Appeals, the Chron endorsed Maria T. (Terri) Jackson:
The editorial board has faced so many tough decisions in our judicial endorsements that it’s a relief to have an easy choice. Voters should confidently pull the lever for Maria T. Jackson, 54, in this race for presiding judge on Texas’ highest criminal court. Jackson has been the criminal district court judge in Houston for more than a decade, handling thousands of cases ranging from low-level drug offenses to capital murder. She told us she’s only been reversed twice by the court she’s seeking to join.
The former municipal judge is proud of the many people she has helped to rehabilitate, but she first experienced transforming lives in the 1980s as director of a school that helped juvenile offenders and gang members.
Overall, Jackson’s approach reflects a blend of toughness and compassion. After she adopted more stringent probation policies for DWI defendants, the entire county soon followed her example.
The graduate of Texas A&M School of Law, formerly Texas Wesleyan School of Law, noted that people don’t tend to care about judges until they need them. But voters should care about ethics questions concerning the current presiding judge of Texas’ highest criminal court, Sharon Keller.
I trust you are familiar with Sharon Keller and her disgraceful body of work. If we want real criminal justice reform, we need some change at the top of the judicial heap as well as in the district courts and DA offices.
Finally, for First Court of Appeals, Place 7, the Chron endorsed Julie Countiss. They begin with the story of how outgoing Justice Terry Jennings switched to the Democratic Party just before the 2016 election, saying the GOP had left him behind:
Candidate Terry Yates, on the other hand, seems to fit in with the party Jennings abandoned.
Yates filed an amicus brief asking the 14th Court of Appeals not to construe the right to same-sex marriage to apply to equal partner benefits for city of Houston employees.
Counsel should have the right to advocate for the positions of their clients, but when we asked him about the legality of same-sex marriage during an editorial board meeting, Yates said he didn’t have a deep enough understanding of the overarching Supreme Court case to weigh in.
Throughout the meeting he dodged and weaved when we asked about his political activities and relationship with Steve Hotze — a political activist who once proclaimed that all the gays needed to be driven out of Houston and whose organization has been declared a hate group by the Southern Poverty Law Center.
The close ties to Hotze is more than enough to disqualify Yates. Countiss only got one paragraph in the Chron endorsement, but it’s enough. Her Q&A with me is here. If you have Republican friends who are willing to split their ticket here and there, these are three races you can pitch to them for that.