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David Fleischer

You still have time to donate to the Democratic judges’ legal fund

Mar 2nd, 2023
by Charles Kuffner.
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Just a reminder:

See here for the background. That link takes you here, and while the in-person fundraiser mentioned there is now over, the Donate link remains. But due to a change in state law, you only have until March 8 to make a contribution. That’s a new statutory deadline for all judicial fundraising – it used to be the case that judges who were involved in lawsuits could continue past that deadline, but the law was changed in the last session, so here we are. Please give a few bucks if you can and help them all out. Thanks!

You can help Democrats being sued by election losers

Feb 13th, 2023
by Charles Kuffner.
7 comments

From the inbox, sent to me by former HD133 candidate Sandra Moore:

Below is a list of the judges and electeds being sued by the Republicans. These are nuisance suits but the Judges and Lina have had to hire attorneys to represent them against the claims. Marilyn and Tenesha have pro bono attorneys but the others are not allowed to be represented pro bono due to conflicts of interest. The judge hearing the case is in San Antonio which complicates matters re time to get there and back for hearings. The travel time alone for the attorneys will be in the thousands when ZOOM meetings are not allowed! The average attorney charges $500 per hour. The fee can’t be lowered due to “appearance of impropriety” issues. The judges listed as well as Lina have little in their campaign coffers. That’s how it is for the judges. One judge whose race is being challenged, David Fleisher, lives in 133. This is the state house district in which I ran back in 2018 and 2020.

I was on several endorsements interviews with some of these judges through a different organization. This is how I learned how little was in their campaign accounts. The Republicans picked the judges with some of the smallest accounts.

It is believed that the purpose of these suits is to drag out the cases, have judges dip into personal resources, and be exhausted financially and emotionally by the time of their next race.

The Harris County Democratic Party is NOT doing anything to assist the 22 electeds. If even one is bounced, Abbott could appoint a replacement for those in the criminal courts. Judges are being sued “in their individual capacity.” That is why each person named in a suit has to retain their own attorney.

CLUBS IN ACTION is trying to raise 95K to donate to them. The maximum that a judge can receive from a PAC is $5000, so that is the goal for each judge and for Lina. We all know that Lina received very little in campaign contributions, especially compared to Mealer.

During the election CIA knocked on 300,000 doors. WHD knocked on about 1500. We worked hard to make this happen. No one wants all this hard work to go to waste. So, if you are willing to make a donation to CIA that would be great.

I was invited to this meeting because of the effort to create and carry out block walking events.

If you decide to make a contribution a check can be sent to:

CLUBS IN ACTION
2504 Rusk St. #110
Houston, TX 77003.

CIA plans to hold a fundraiser, hopefully on Feb 19. But I will send out word when I learn more. There is a deadline of MARCH 8 to raise funds!!

[…]

1 Cause No. 2023-00964; Alexandra Mealer v. Lina Hidalgo. Alexander Mealer is represented by Elizabeth Alvarez. Judge Hidalgo is represented by Neal Manne.

2 Cause No. 2023-00925; Michelle Fraga v. Judge Christine Weems. Michelle Fraga is represented by Elizabeth Alvarez. Judge Weems is represented by John Raley.

3 Cause No. 2023-00924; Elizabeth Buss v. Judge David Fleischer. Elizabeth Buss is represented by Elizabeth Alvarez. Judge Fleischer is represented by John Raley.

4 Cause No. 2023-00841; Tami Pierce v. Judge DaSean Jones. Tami Pierce is representing herself with co-counsel, Paul Simpson. Judge Jones is represented by Oliver Brown.

5 Cause No. 2022-79328; Erin Lunceford v. Judge Tami Craft. Erin Lunceford is represented by Andy Taylor. Judge Craft is represented by Steve Kherker.

6 Cause No. 2023-00927; Bruce Bain v. Judge Corey Sepolio. Bruce Bain is represented by Elizabeth Alvarez. Judge Sepolio is represented by John Raley.

7 Cause No. 2023-00932; Chris Daniel v. Marilyn Burgess. Chris Daniel is represented by Elizabeth Alvarez. Clerk Burgess is represented by Neal Manne.

8 Cause No. 2023-00930; Mark Goldberg v. Judge Erika Ramirez. Mark Goldberg is represented by Elizabeth Alvarez. Judge Ramirez is represented by John Staley.

9 Cause No. 2023-00934; Brian Staley v. Judge Monica Singh. Brian Staley is represented by Elizabeth Alvarez. Judge Singh is represented by Anthony Drumheller.

10 Cause No. 2023-00936; Mark Montgomery v. Judge Kelley Andrews. Mark Montgomery is represented by Elizabeth Alvarez. Judge Andrews is represented by John Raley.

11 Cause No. 2023-00937; Matthew Dexter v. Judge Genesis Draper. Matthew Dexter is represented by Elizabeth Alvarez. Judge Draper is represented by John Raley.

12 Cause No. 2023-00952; Nile Copeland v. Judge Latosha Lewis Payne. Nile Copeland is represented by Elizabeth Alvarez. Judge Payne is represented by John Raley.

13 Cause No. 2023-00958; Rory Olsen v. Judge Jason Cox. Rory Olsen is represented by Jared Woodfill. Judge Cox is represented by Cris Feldman.

14 Cause No. 2023-00955; James Lombardino v. Judge Audrie Lawton-Evans. James Lombardino is represented by Jared Woodfill. Judge Lawton-Evans is represented by Anthony Drumheller.

15 Cause No. 2023-01202; Stan Stanart v. Clerk Teneshia Hudspeth. Stan Stanart is represented by Elizabeth Alvarez. Clerk Hudspeth is represented by Neal Manne.

16 Cause No. 2023-01066; Dan Simons v. Judge Sedrick Walker. Dan Simons is represented by Elizabeth Alvarez. Judge Walker is represented by John Raley.

17 Cause No. 2023-301111; Will Archer v. Judge James Horwitz. Will Archer is represented by Elizabeth Alvarez. Judge Horwitz is represented by John Raley.

18 Cause No. 2023-01103; Kyle Scott v. Carla Wyatt. Kyle Scott is represented by Elizabeth Alvarez. Ms. Wyatt is represented by Neal Manne.

19 Cause No. 2023-01076; Aaron Adams v. Judge LaShawn Williams. Aaron Adams is represented by Elizabeth Alvarez. Judge Williams is represented by Anthony Drumheller.

20 Cause No. 2023-01067; Dan Spjut v. Judge Juanita Jackson. Dan Spjut is represented by Elizabeth Alvarez. Judge Jackson is represented by John Raley.

21 Cause No. 2023-01052; Sartaj Bal v. Judge Toria Finch. Sartaj Bal is represented by Elizabeth Alvarez. Judge Finch is represented by Anthony Drumheller.

I will pass along information about the fundraiser when I have it. You can also contribute to any candidate you like directly – just google them or find their campaign Facebook page to get to a suitable Donate link for them. It’s deeply annoying that we have to do this – as a reminder, these cases are stinking piles of nothing and the losers pursuing them damn well know it – but it’s where we are. Let’s make it a little less hard for these Dems who clearly and correctly won their races.

Additional Losing Candidates File Election Contests in Harris County

Jan 7th, 2023
by Charles Kuffner.
5 comments

That’s the subject of the following email I got in my inbox yesterday, and I can’t do any better than that for a post title.

Additional Losing Candidates File Election Contests in Harris County

Houston, Texas – Today, several losing Republican candidates filed election contests to void the more than 1 million votes cast in Harris County’s November 2022 election. Thus far, the Harris County Attorney’s Office has identified filings by (and we expect more filings to be made today):

  • Mark Montgomery, former candidate for Harris County Criminal Court at Law No. 6 (lost to Judge Kelley Andrews)
  • Matthew Dexter, former candidate for Harris County Criminal Court at Law No. 12 (lost to Judge Genesis Draper)
  • Brian Staley, former candidate for Harris County Civil County Court at Law No. 4. (lost to Judge Manpreet Monica Singh)
  • Mark Goldberg, former candidate for Harris County Criminal Court at Law No. 8 (lost to Judge Erika Ramirez)
  • Bruce Bain, former candidate for the 269th District Court (lost to Judge Cory Sepolio)
  • Michelle Fraga, former candidate for the 281st District Court (lost to Judge Christine Weems)
  • Elizabeth Buss, former candidate for the Harris County Criminal Court at Law No. 5 (lost to Judge David Fleischer)
  • Chris Daniel, former candidate for Harris County District Clerk (lost to Marilyn Burgess)

These filings are in addition to previously announced contests by:

  • Erin Lunceford, former candidate for the 189th District Court (lost to Judge Tamika Craft)
  • Tami Pierce, former candidate for the 180th District Court (lost to Judge DaSean Jones)
  • Alexandra Mealer, former candidate for Harris County Judge (lost to Judge Lina Hidalgo)
  • Mike May, former candidate for State Representative District 135 (lost to Representative Jon Rosenthal)

Below is the statement from the County Attorney released this morning:

“This is a shameful attempt by a group of losing candidates who couldn’t win the hearts and minds of Harris County voters and are now throwing nonsensical legal theories at the wall to see what sticks. Each of them should be deeply embarrassed and these claims should not be taken seriously by the public,” said Harris County Attorney Christian D. Menefee. “These losing candidates are finally laying bare what we all know to be true – for them, it’s not about improving elections or making sure our elections are secure, it’s about playing games with our democratic systems and refusing to accept the will of the voters.”

The contests being filed request that the more than one million votes cast in Harris County be voided and the county hold another election for the races being challenged (e.g., Harris County Judge, 189th District Court, 180th District Court, etc.).

“These election contests are frivolous attempts to overturn the votes of more than a million residents in the third largest county in the country. The county will now have to spend substantial resources handling these contests, time that could instead be spent serving the people of Harris County,” added County Attorney Menefee. “Voters have moved on. Public servants have moved on. These losing candidates should move on too.”

See here and here for the background. The judge in the Lunceford contest was assigned on December 13, I don’t know what has happened since then. I do know that at least one more loser has filed a loser’s contest, but I don’t care to give any of this any more validity. You can read the Chron story here and their explainer about election contests here. I think the Trib story contains the most relevant bit of information:

The Election Day problems were unlikely to have been substantial enough to swing the results of the Harris County judge’s race, according to Bob Stein, a political science professor at Rice University.

Nearly 70% of voters cast their ballots during the early voting period, but Mealer only cites issues on Election Day itself.

“I’m extremely doubtful that there is a legitimate legal challenge here,” Stein said. “It’s not like voters were told they couldn’t vote or that they had to go home. They were discouraged because the lines were long, or because they were told they’d have to wait.”

Those challenges do not amount to voter suppression, Stein said, but merely suggest that Harris County should operate fewer, better-resourced polling locations.

To make its case, Mealer’s legal team will have to find evidence that more than 18,000 voters were unable to cast ballots on Election Day, and that all of those voters planned to vote for Mealer, Stein said.

And every voter who might have been discouraged by issues at one location could have gone to another one, which would have been at most a couple of minutes away by car. Even at the highest end of the estimate of locations that had issues, more than 90% of them did not. We have multiple locations at which anyone can vote precisely as a hedge against problems at any one specific location. In the old days, when you had to vote at your precinct location, you really were screwed. Now you can just go somewhere else. Even in the case of the loser who lost to DaSean Jones by 449 votes, it’s extremely hard to imagine there could have been enough people who encountered problems and could not vote anywhere else and would have voted for the loser to make a difference. This is all bullshit and should be seen as such. Campos and the Texas Signal have more.

Filing update: How many contested judicial primaries are there? (Part two)

Dec 20th, 2021
by Charles Kuffner.
Comments are off for this post

See here for Part One, which covered district and appellate court judges. Today we review the contested Democratic primaries for county court judges and justices of the peace.

County Civil Court At Law #4: Cynthia Castanon, David Patronella, Manpreet Monica Singh, and Treasea Trevino. This is the bench currently held by Judge Lesley Briones, who is running for County Commissioner, Precinct 4. I don’t know offhand if Judge Briones has stepped down yet or not, but in either case there will be someone appointed by Commissioners Court to fill in through the 2022 election. David Patronella is the incumbent Justice of the Peace in Precinct 1, Place 2.

County Criminal Court At Law #2: Incumbent Judge Ronnisha Bowman, Jannell Robles.

County Criminal Court At Law #3: Staci Biggar, Porscha Brown, Lorenzo Williams. The incumbent judge in this court is Judge Erica Hughes, who was just appointed as a US immigration court judge, and is thus not running for re-election.

County Criminal Court At Law #5: Carlos Aguayo, incumbent Judge David Fleischer.

County Criminal Court At Law #6: Selina Alaniz, incumbent Judge Kelley Andrews.

County Criminal Court At Law #7: Mauricio Vazquez, incumbent Judge Andrew Wright.

County Criminal Court At Law #8: Incumbent Judge Franklin Bynum, Erika Ramirez.

County Criminal Court At Law #10: Juanita Jackson, Thuy Le. Jackson appears to have been a candidate for a county criminal court at law in 2010. Incumbent Judge Lee Harper Wilson is not running for re-election. Which is a good thing, as he is not worth anyone’s vote.

County Criminal Court At Law #14: Je’Rell Rogers, incumbent Judge David Singer.

County Probate Court #2: Pamela Medina, incumbent Judge Michael Newman.

Justice of the Peace, Precinct 1 Place 2: Ron Campana, Steve Duble, Victor Lombrana, Sonia Lopez, Jonathan Preston, Chris Watson. This is the JP position that is currently held by David Patronella, who is running for County Court At Law #4.

Justice of the Peace, Precinct 2 Place 2: Dolores Lozano, Blair McClure. Incumbent JP George Risner is running for Commissioners Court in Precinct 2.

Justice of the Peace, Precinct 3 Place 2: Incumbent JP Lucia Bates, Ashleigh Roberson, Herbert Alexander Sanchez.

Justice of the Peace, Precinct 5 Place 2: Eman Afshar, Roderick Rogers. This is a Republican-held position, with the incumbent JP being Jeff Williams. Israel Garcia won the Precinct 5 Position 1 race as a Democrat in 2020. Eman Afshar filed for that position on the ballot but was subsequently disqualified after questions were raised about the petition signatures he submitted as part of his ballot application. However, he remained on the ballot because of the later date on which he was disqualified.

Justice of the Peace, Precinct 6 Place 2: Luis Garza, incumbent JP Angela Rodriguez. JP Rodriguez is the daughter of the longtime previous JP, who was appointed to the position in 2018 following his retirement and was unopposed for election that year.

Finally, I have realized that I missed one race that belonged in the previous post:

208th Criminal District Court: Beverly Armstrong, incumbent Judge Greg Glass, Kim McTorry.

And now you’re as up to date as I can make you at this time. As before, if I didn’t list the race it’s because the incumbent has no primary opponent, and if I don’t link to a webpage or Facebook/Instagram page, it’s because I didn’t find one with a basic Google search. I’m sending out the judicial Q&As and look forward to publishing a bunch of responses from these candidates. Finally, Murray Newman has a few notes about some of these candidates as well.

Judicial Q&A: David Fleischer

Feb 13th, 2018
by Charles Kuffner.
1 comment

(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.

David Fleischer

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

My name is David Fleischer and I am running for Harris County Criminal Court at Law Number 5. I have an amazing wife and three sweet young kids, Jake age 7, Julia age 5, and Rachel age 2. I am a first-generation Hispanic Houstonian whose family hails from Santiago, Chile. I am a lifelong democrat and graduate of University of Houston (go Coogs) and Western Michigan Cooley Law School.

2. What kind of cases does this court hear?

This is a County Court at Law that deals with criminal cases, Class B and Class A misdemeanors. Class B misdemeanors are punishable by zero to one hundred and eighty days in jail and/or up to a two thousand dollar fine. Offenses that are Class B include assault, driving while intoxicated (first offenses and those with breath/blood alcohol concentration under .15), and driving while license invalid. Class A misdemeanors are punishable by zero to three hundred and sixty-five days in jail and/or up to a four thousand dollar fine. Some Class A misdemeanors include assault (bodily injury), DWI (second offender or.15 or above alcohol concentration), resisting arrest, and possession of a controlled substance.

3. Why are you running for this particular bench?

The current Judge is retiring and this will be an open bench. We need to ensure that the Judge that is elected is qualified and has the proper judicial temperament to deal with the hundreds of cases that pass through the court every week. We have a progressive sheriff, chief of police, and District Attorney; we are the last link to making local government progressive. I strive to change the culture of the judicial system, advance opportunities for all persons, as well as promote programs that aim to reduce mass incarceration and unjust punishment. Even today, minorities continue to suffer from the lack of equal justice in criminal cases. This injustice can take many forms. For example, some issues that must be addressed are the difference set in bail bonds, unequal representation and disparate sentencing. Sentences should reflect the gravity of the offense, not the color of one’s skin, place of birth or gender. As judge, I will make sure that everyone is treated equally. Lack of economic resources will not dictate whether someone is provided a competent defense. I will fight to change the culture of the criminal justice system to prevent innocent people from pleading guilty.

4. What are your qualifications for this job?

I was licensed to practice law in November of 2004. I have my own law practice and have been helping persons accused with crimes since that time. I only handle criminal cases, and in Harris County have represented over six-thousand, four hundred persons accused with crimes. My clientele consists of people charged with either felonies or misdemeanors, with most of the work focused on the latter. Additionally, my practice is devoted to representing indigent persons. This is via appointment by the current Harris County Judges. Moreover, I am Hispanic and speak fluent Spanish. Therefore, a majority of my cases involve minorities. The volume of cases I have handled has given me considerable experience in dealing with prosecutors, judges, and accused persons. I know the system, people, and procedures to be able to run a court efficiently. I also volunteered on the State Bar Grievance Committee for six years. This is the committee that disciplines lawyers for unethical behavior. This was a very eye-opening experience that enabled me to see the darker side of lawyering and make me strive to improve our profession in every way possible.

5. Why is this race important?

We have the opportunity to advance criminal justice to a more progressive form. The ultimate goal is to reduce the number of persons committing crimes. We can achieve this through education and counseling; we can help close the revolving door of the criminal justice system and help people appreciate consequences of certain acts and behaviors. Many accused persons are short-sighted and would rather take an easy way out by pleading guilty than work for a better outcome. With the proper motivation, we can change this. Diversionary programs, that ultimately end in a dismissal of charges, are a great enticement to help someone keep their record clean and more importantly teach them the value of not re-offending. I plan on taking a proactive, progressive approach to tackle these underlying issues.

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

My longevity as a criminal defense lawyer, experience in dealing with criminal cases and negotiating with prosecutors, judges, and accused persons; as well as working for the State Bar of Texas Grievance Committee have given me with the tools to be a resourceful, compassionate, and fair judge. This is valuable knowledge that is only gained through experience. Oftentimes persons who are inexperienced will, invariably, make poor decisions on issues before them which affect every person involved and waste countless resources. Most importantly, bad decisions can make bad law. I will strive to ensure that justice is sought and provided to everyone equally, without regard to economic status, color, gender or orientation.

Endorsement watch: County criminal courts

Feb 12th, 2018
by Charles Kuffner.
Comments are off for this post

One last round of judicial endorsements.

Judge, County Criminal Court No. 2: Harold J. Landreneau

Harold Landreneau earns our endorsement for this primary slot with a significant caveat. Landreneau, 49, needs to shed the communication style of a chief clerk of a justice of the peace court, a job he held for over a decade, and assume the more deliberate and focused demeanor of a member of the judiciary. It’s not enough to be courteous to litigants: To be an effective manager, a judge needs to be concise.

Judge, County Criminal Court No. 5: David M. Fleischer

In this toss-up race to replace Judge Margaret Stewart Harris, our endorsement goes to David M. Fleischer, a graduate of Western Michigan University Cooley Law School over Armen “Hammer” Merjanian.

Both candidates believe in more emphasis on rehabilitation in the county criminal court system. Even though Merjanian’s noble goal of ending mass incarceration needs more refinement, both candidates showed passion for changing a system that’s set in its ways and that needs much improvement. Fleischer, 43, has eight more years of experience as criminal lawyer than Merjanian. The idealistic Merjanian – whose five years of experience barely exceeds the statutory minimum for this bench – has the potential to be a good judge. While we’d strongly urge Merjanian to run again, voters should cast their ballots in this primary contest for Fleischer.

Judge, County Criminal Court No. 7: Andrew W. Wright

The first thing you’ll notice about Andrew W. Wright is his long rockstar-style hair and beard – not what voters are used to seeing on a judge. The reasons for his copious coiffure? He’s growing out his hair to donate it, and the beard covers up a double chin.

Wright’s experience as a lawyer is significantly more traditional. The South Texas College of Law Houston graduate has been practicing law for over a decade, and has been exclusively practicing criminal defense for eight years. Wright, 35, has endorsed personal recognizance bonds as the norm for misdemeanor court – we agree – and assured us that, hairstyle aside, he plans on staying to the straight and narrow of his judicial responsibilities. That includes helping first offenders, supporting the expansion of diversion courts and sentencing the worst criminals to the highest punishment possible for county criminal courts – one year in jail.

Judge, County Criminal Court No. 11: Gus Saper

A Jewish lawyer appointed to represent a general in the Aryan Brotherhood? That sounds like it could have been a movie, but it’s only one case in candidate Gus Saper’s 43-year career as a criminal defense attorney. With the Harris County Criminal Justice Center out of action for another two years due to Hurricane Harvey, this bench needs a resourceful judge like Saper.

A graduate of the South Texas School of Law Houston, Saper, 69, has the depth of knowledge and the historical perspective to know how to upgrade the procedures in this court to make them more courteous and efficient even with limited resources.

Judge, County Criminal Court No. 12: Juan J. Aguirre

Juan J. Aguirre started his career in law by working alongside his father – a courthouse janitor in Del Rio.

“I got my baptism into the law field by cleaning up the courtroom,” Aguirre told us at his screening.

Since then he has graduated from South Texas School of Law Houston and worked for the past 16 years as a criminal law attorney, first as an assistant district attorney for Harris County and then as a criminal defense attorney. Aguirre, 51, takes pride in his mentorship of young lawyers, advising them to delve deep into their profession by visiting the crime scene and the crime lab and riding with the police to see what law enforcement sees. Before becoming a lawyer, Aguirre worked as a city planner and manager after obtaining a Masters of Urban Planning from Texas A&M University.

Judge, County Criminal Court No. 13: Raul Rodriquez

Raul Rodriquez, 58, is our choice for the Democratic primary. With 28 years of experience practicing criminal law, Rodriquez is well-qualified. This naturalized citizen is a clear communicator who also happens to be bilingual. He has judicial experience, having served as city of Houston municipal court judge for 12 years. Finally, he displays the right temperament for the judiciary.

The South Texas Law Center Houston graduate told us, “I believe it’s important for a judge to be involved in a community and to know what goes on there.”

Judge, County Criminal Court No. 15: Kris Ougrah

In this race between two young, passionate lawyers, we encourage Democratic voters to back Kris Ougrah, who told the editorial board he is running to improve the future of Houston’s youth. A graduate of the Thurgood Marshall School of Law, Ougrah, 40, promises to take personal interest in setting young offenders on the right path in life. He also wants to run a mentorship program. However, we would recommend that Ougrah, who had a habit of being overly loquacious during his editorial board interview, focus on the judicious practice of a succinct comment.

Ougrah has been practicing law about twice as long as his opponent, Tonya Jones, who was admitted to the bar in 2011.

Relevant Q&As: Harold Landreneau, Armen Merjanian, Gus Saper, Kris Ougrah. One from Davis Fleischer is in the queue.

As noted before, that finishes off the judicial category for the Chron. They still have a lot of other ground to cover. In the meantime, it’s apparent that in some of these races, there are very clear choices, one candidate who got recommended by every group they screened with. In others the decision is tougher, but that’s because both of the options are good. I can’t complain about that.