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Robert Johnson

The filings I’m still looking for

Today is Filing Deadline Day. By the end of today, we’ll know who is and isn’t running for what. While we wait for that, let’s review the filings that have not yet happened, to see what mysteries may remain.

Congress: Most of the potentially competitive districts have Democratic candidates in them. The ones that remain are CDs 22, 26, 31, and 38, though I have been told there is a candidate lined up for that latter slot. Of the rest, CD22 would be the biggest miss if no one files. I have to think someone will, but we’ll know soon enough.

For open seats, CD15 has five candidates so far, none of whom are familiar to me. CD30 has six candidates, with State Rep. Jasmine Crockett receiving the endorsement of outgoing Rep. Eddie Bernice Johnson. CD34 has six, with current CD15 Rep. Vicente Gonzalez the presumed favorite. CD35 has three serious contenders – Austin City Council member Greg Casar, former San Antonio City Council Member Rebecca Viagran, and State Rep. Eddie Rodrigues – and one person you’ve not heard of. CD37 has Rep. Lloyd Doggett and former CD31 candidate Donna Imam, in addition to a couple of low-profile hopefuls, but it will not have former CD25 candidate Julie Oliver, who has said she will not run.

Democratic incumbents who have primary challengers include Rep. Lizzie Fletcher in CD07 (I’m still waiting to see if Centrell Reed makes some kind of announcement); Rep. Veronica Escobar in CD16 (I don’t get the sense her challenger is a serious one); and Rep. Henry Cuellar in CD28, who gets a rematch with Jessica Cisneros, who came close to beating him last year. The Svitek spreadsheet lists some dude as a potential challenger in CD18 against Rep. Sheila Jackson Lee, but so far no filing. Reps. Al Green, Joaquin Castro, Sylvia Garcia, Colin Allred, and Marc Veasey do not appear to have any challengers as of this morning.

Statewide: Pretty much everyone who has said they are a candidate has filed. Frequent candidate Michael Cooper and someone named Innocencio Barrientez have filed for Governor, making it a four-candidate field. Two Harris County district court judges, Julia Maldonado and Robert Johnson, have filed for slots on the Supreme Court and CCA, respectively. The Svitek spreadsheet lists potential but not yet filed contenders for two other Supreme Court positions but has no listings for CCA. The one potential candidate who has not yet taken action is Carla Brailey, who may or may not file for Lt. Governor.

SBOE: As this is a post-redistricting year, all SBOE seats are on the ballot, as are all State Senate seats. Dems have four reasonable challenge opportunities: Michelle Palmer is running again in SBOE6, Jonathan Cocks switched from the Land Commissioner race to file in SBOE8, Alex Cornwallis is in SBOE12, and then there’s whatever is happening in SBOE11. The good news is that DC Caldwell has company in the primary, if he is actually allowed to run in it, as Luis Sifuentes is also running. I would advise voting for Sifuentes.

There are two open Democratic seats, plus one that I’m not sure about. Ruben Cortez in SBOE2 and Lawrence Allen in SBOE4 are running for HDs 37 and 26, respectively. There are two candidates in 2 and three candidates in 4, so far. Georgina Perez is the incumbent in SBOE1 but as yet has not filed. If she has announced that she’s not running, I have not seen it. There is a candidate named Melissa Ortega in the race.

In SBOE5, the district that was flipped by Rebecca Bell-Metereau in 2020 and was subsequently made more Democratic in redistricting, we have the one primary challenge to an incumbent so far, as a candidate named Juan Juarez has filed against Bell-Metereau. I’m old enough to remember Marisa Perez coming out of nowhere to oust Michael Soto in 2012, so anything can happen here. The aforementioned Perez (now Marisa Perez-Diaz) and Aicha Davis are unopposed so far.

Senate: Nothing much here that you don’t already know. Every incumbent except Eddie Lucio has filed for re-election, and none of them have primary opponents so far. Lucio’s SD27 has the three challengers we knew about, Sara Stapleton-Barrera, State Rep. Alex Dominguez, and Morgan LaMantia. A candidate named Misty Bishop had filed for SD07, was rejected, and has since re-filed for SD04; I’m going to guess that residency issues were at play. There are Dem challengers in SD09 (Gwenn Burud, who has run for this office before) and SD17 (Miguel Gonzalez), but no one yet for SDs 07 or 08.

House: Here’s the list of potentially competitive districts, for some value of the word “competitive”. Now here’s a list of districts on that list that do not yet have a filed candidate:

HD14
HD25
HD28
HD29
HD55
HD57
HD61
HD66
HD67
HD84
HD89
HD96
HD106
HD126
HD129
HD133
HD150

I’m told there’s someone lined up for HD133. We’ll see about the rest.

All of the open seats have at least one candidate in them so far except for HD22, the seat now held by Joe Deshotel. There’s a name listed on the Svitek spreadsheet, so I assume that will be sorted by the end of the day.

Reps. Ron Reynolds (HD27), Ana-Maria Ramos (HD102), and Carl Sherman (HD109) are incumbents who have not yet filed. No one else has filed yet in those districts as well. Svitek has a note saying that Rep. Ramos has confirmed she will file; there are no notes for the other two. There is the possibility of a last-minute retirement, with a possibly preferred successor coming in at the same time.

Here is a complete list of Democratic House incumbents who face a primary challenge: Rep. Richard Raymond (HD42) and Rep. Alma Allen (HD131). Both have faced and turned away such opponents in the past. If there was supposed to be a wave of primary opponents to incumbents who came back early from Washington, they have not shown up yet.

Rep. James Talarico has moved from HD52 to the open HD50 after HD52 was made into a lean-Republican district. Rep. Claudia Ordaz-Perez, the incumbent in HD76, will run in HD79 against Rep. Art Fierro after HD76 was relocated from El Paso to Fort Bend.

Harris County: Again, nothing new here. Erica Davis has not yet filed for County Judge. County Clerk Teneshia Hudpseth is the only non-judicial incumbent without a primary opponent so far.

Far as I can tell, all of the county judicial slots have at least one filing in them, except for a couple of Justice of the Peace positions. George Risner, the JP in Precinct 2, Place 2 (all JP Place 2 slots are on the ballot this year) has not yet filed, amid rumors that he is mulling a challenge to Commissioner Adrian Garcia. Incumbent Angela Rodriguez in JP precinct 6 has not yet filed. No Dem challengers yet in precincts 4 or 8.

Other judicial races: Sorry, I don’t have the bandwidth for this right now. I’ll review it after today.

And that’s all I’ve got. See you on the other side. As always, leave your hot gossip in the comments.

The case against moving the Paxton trial back to Collin County just got more interesting

Best mugshot ever

All right, settle in for a minute, this is going to take a bit of explaining, and there’s no accompanying published news story that I know of. Way back in March of 2017, visiting District Court Judge George Gallagher (from Tarrant County), who was appointed to preside over the Ken Paxton trial in Collin County after literally every other District Court judge there recused themselves, ordered the trial to be moved from Collin County. A couple of weeks later, in April, he set Harris County as the venue. There was a note in one of the news stories about this that I gave no real thought to at the time, which was that “Paxton respectfully advises the Court that he will not be giving the statutorily-required written consent… to allow the Honorable George Gallagher or his court staff to continue to preside over the matter in Harris County”.

Judge Gallagher declined to step down, but Team Paxton pursued the matter, initially repeating the assertion that they did not give permission for Gallagher to follow the case to Harris County, but later asserting that Gallgher was no longer able to be judge because his appointment had expired at the end of 2016. (Note that we are now in May 2017 in this timeline, this becomes important later.) At the end of May, the 5th Court of Appeals sided with Paxton and ordered Gallagher off the case, voiding his rulings after the one that moved the case to Harris County. In June, the case was officially reassigned to Criminal District Court Judge Robert Johnson in Harris County.

After that, we settled into a long fight about the pay for the special prosecutors, culminating in a muddled ruling from the Court of Criminal Appeals in June of 2019 – yes, now two full years after the case was moved to Harris County. The issue of prosecutor pay was before Judge Johnson, but before he could begin to get anywhere on it, Team Paxton asked for the case to be moved back to Collin County; we are now in July of 2019. In December of 2019, Judge Johnson said he would rule on that Real Soon Now. That turned out to be six months later, in June of 2020, though that ruling had to be affirmed in October by a different judge, because Judge Johnson recused himself after it was pointed out that Paxton’s office was representing Johnson (among others) in the ongoing cash bail litigation. (That was yet another weird sideshow in a saga that has been little but sideshow, but never mind that for now.) Ultimately, Judge Johnson agreed with Paxton that Judge Gallagher’s ruling that sent the trial to Harris County was invalid because Gallgher’s term had expired at the time he made that ruling. In May of 2021, a three-judge panel on the First Court of Appeals agreed.

Just a little recap here, Judge George Gallagher was appointed to preside over the Paxton trial in July of 2015 by the administrative judge of the Second Court of Appeals (Mary Murphy). That appointment expired on January 2, 2017, but no one said anything at the time. In April 2017, Judge Gallagher ordered the trial moved to Harris County, where he would preside, but Paxton declined to approve his continued service (as is required by state law in these matters) and then filed a motion in May to boot Gallagher from the case because his appointment had expired back in January. That motion was granted later in May, Judge Johnson was randomly selected by the Harris County District Clerk in June, and on we went. Then in 2019, Paxton filed a motion to move the case back to Collin County, claiming now that Judge Gallagher’s original ruling to move the case was also invalid, again because his appointment had expired. That motion was granted and was upheld on appeal, which is now on hold as the special prosecutors have requested and were granted an en banc hearing to reconsider.

OK, now that we are caught up, you may be wondering why there was a four-month gap between when Gallagher’s appointment expired and Paxton first filed a motion that was based on said expiration. You may also note that said motion came shortly (but not immediately) after Gallagher’s order moving the trial to Harris County. Is that timing maybe a little convenient? I’m glad you asked, because that very subject comes up in the reply filed by the special prosecutors. I would encourage you to read that filing – it’s not very long, and it contains high doses of shade thrown by the special prosecutors at Paxton. We have previously seen how lethal and entertaining they can be when served a pitch in the zone, and you will get a good laugh out of their efforts this time as well.

But what’s crucial is this: Errors like nobody noticing that Judge Gallagher’s appointment had lapsed happen. Remember, his appointment had been made more than a year before, and I guess no one put a reminder on their calendar to ask for it to be re-upped. Normally, such minor errors are trivially resolved, but the thing is that the law requires any objections made to such a lapsed appointment be made in a timely fashion, and at one’s earliest opportunity. Paxton claimed that’s what they did, and in the initial First Court ruling, it was noted that there was no evidence to suggest otherwise. Except, as it turns out, they did know, and in fact they knew ahead of time, and then sat on that information until it was convenient to them to wheel it out. How do we know that? Because, as it turns out and as the special prosecutors managed to discover in the interim, there was an email sent by Administrative Judge Mary Murphy to Paxton’s defense team on April 24, 2017 – after Paxton refused to give his consent to Gallagher’s continued service on the trial, but before he first claimed that Gallagher was no longer allowed to continue because his appointment had expired – that sent them copies of communications about Gallagher’s appointment from July 2015, and which they said they had previously sent in November of 2015. In other words, Paxton received an inadvertent reminder of the appointment expiration from Justice Murphy in April 2017, right before he started arguing about it. He had that information all along, but did not do anything about it. And then it landed in his lap again, and they took advantage.

Again, I urge you to read the filing (the Team Paxton filing, which preceded this by about a week, is here. They lay out the argument for why Paxton “sandbagged” the court (their words), and show all the opportunities Paxton had to object to Gallagher’s continued presence on the case after the expiration but didn’t do so. That, they argue, invalidates the later objections based on the lapsed appointment because they didn’t do it in a timely fashion, and what’s more they knew or should have known they weren’t timely. I just wanted to provide a longer-than-I-originally-planned review of how we got here. The bottom line is that the special prosecutors’ argument is that the original rulings that ordered the case back to Collin County were in error, and they have a new piece of evidence to show why it was in error. Now we just have to wait and see what the First Court of Appeals does with that information. As you can see from this post, we may be waiting for awhile. But hey, at least we’re used to that.

Look out! Here come the lady judges!

Everybody scream!

In Democratic judicial primaries last Tuesday, Dayna beat David, Jane trounced Jim, and Colleen got more support than John, David and Brennen combined. Is that all there was to it?

Men have dominated Texas courts for decades. Now, in Democratic-controlled areas of the state, they seem headed for extinction.

The corrective for years of gender inequity on the bench has proven rather simple: voters.

Women have disappeared from the high-octane Democratic presidential primary. But in down-ballot, low-information races, Texas Democrats are increasingly, consistently backing women over men. In last week’s Democratic primary, women won more votes than men in all of the roughly 30 gender-split contests for high court, court of appeals and district court, according to results from the Texas Secretary of State. Rarely was it even close.

In urban areas, Democrats typically beat Republicans in the general election. So if Democratic men can’t beat Democratic women in judicial primaries, the bench in Texas cities is likely to become a lot more female. Democratic men won primary races for high court, courts of appeals or district courts only when they were uncontested or facing a male opponent.

Some voters may have chosen women candidates because of their superior qualifications or experience. But experts say it’s likely that many of them just looked at two unfamiliar names and chose the one that sounded like a woman.

“Maybe they knew nothing, maybe they knew that they were both equal, but all things being equal, they went with the woman,” said Elsa Alcala, a former judge on the Texas Court of Criminal Appeals. “People are voting based on some characteristic that’s apparent from the ballot as compared to knowing who these people really are.”

There’s more, but you get the idea. This issue was important enough that the Chron and Texas Lawyer also devoted feature stories to it.

Look, I get it, judicial elections can be quite random, most people don’t know much about the candidates they’re voting for, yadda yadda yadda. There really were multiple good judges ousted, and that is a shame. It also is what it is, and as I’ve said before, the same mercurial partisan election system that unceremoniously dumped these good judges also elected them in the first place. This is my reminder that while there have been calls since at least 2008 (the first year since the early 90s that Democrats started winning judicial elections in Harris County, mind you) for some kind of different selection process for judges, no one has yet come up with an actual concrete proposal. There is now a blue-ribbon Judicial Selection Commission that is tasked with proposing such a method; I see no reason to trust it and recommend you do the same. I could be wrong, they could come up with something that minimizes cronyism while rewarding merit and promoting diversity, but I’m not going to hold my breath.

By the way, there were seven male Democratic judges who did not draw a primary opponent this cycle: Kyle Carter, RK Sandill, Michael Gomez, Mike Engelhart, Robert Schaffer, Robert Johnson, and Darrell Jordan. If Democrats maintain their recent dominance in Harris County, then we will see those seven men along with 20 women elected to district and county court benches this year. Back in 2004, the last time in a Presidential year that Republicans swept the judicial races, there were also 27 such elections. That year, 20 men and seven women were elected. I admit my memory isn’t what it once was, but I’m pretty sure there weren’t multiple articles written about how hard it was to get elected judge as a woman in Harris County back then.

My point is, let’s all take a deep breath and calm down. There were still 30 male judges elected in 2018, out of 59 total, 29 of whom are still on the bench (Bill McLeod of accidental resignation fame was the 30th). If after the 2024 election there are zero men on the district or county court benches in Harris County, then maybe there’s a problem. And I’m sure in another hundred years or so, society will evolve to the point where it can be remedied. History shows that you can’t rush these things, after all.

(And yes, the irony of these stories running within days of Elizabeth Warren suspending her Presidential campaign is…something.)

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.