Off the Kuff Rotating Header Image

Shawn Thierry

House passes bill to ban gender affirming care for minors

Friday was a bad day.

Texas has taken a major step toward banning transgender minors from getting puberty blockers and hormone therapy — care that medical groups say is vital to their mental health — after the state House gave Senate Bill 14 initial approval Friday.

Trans Texans and LGBTQ advocates consider the bill one of the most consequential pieces of legislation in this year’s legislative session. It would ban trans people younger than 18 from getting certain transition-related care. Kids already accessing treatments would have to be “weaned off” in a “medically appropriate” manner, the bill says. It also bans transition-related surgeries, though those are rarely performed on kids.

The House’s vote to advance the bill followed over five hours of pushback from Democrats, who had successfully delayed the bill on a technicality twice last week. On Friday, Democratic lawmakers once again tried to raise points of order, a parliamentary maneuver aimed at delaying or defeating bills, but their efforts failed this time. Some Democrats, though, defected and voted in favor of the bill.

The initial vote was 92-48, though three Democrats later said they accidentally voted in favor and meant to oppose the bill. Still, nine other democrats voted for the bill, according to the vote record. State Rep. Charlie Geren of Fort Worth was also listed as voting against the bill — the only Republican to do so — even though he is a co-sponsor of the legislation and later tweeted that he was proud of its initial passage.

As SB 14 advances, Texas — home to one of the largest trans communities in the country — is moving ever closer to joining over a dozen states in restricting transition-related care for minors. The American Civil Liberties Union and Lambda Legal have already raised legal challenges against several of them. And judges have so far blocked the efforts to limit these treatments for trans youth in Alabama and Arkansas.

Pending one more final vote in the House, SB 14 would return to the Senate, which has already passed a version of the legislation that mandates an abrupt cutoff as opposed to a tapering off process.

Trans Texans, their families and medical groups say transition-related care is critical to supporting the mental health of trans youth, who are already facing higher risks of depression and suicide than their cisgender peers. Getting access to these treatments, they say, is time intensive and requires multiple medical evaluations. Parents are included in decisions about what treatments, if any, are best for individual children.

“The bill in front of us today is banning health care,” said state Rep. Mary González, D-Clint, while advocating for a failed amendment that would have largely foiled the legislation. “Politics shouldn’t determine health care, period.”

Some Democratic lawmakers, including the nine openly LGBTQ state representatives, stood outside the chamber prior to debate and read letters from trans youth who would be affected by SB 14 and their families. And earlier in the day, LGBTQ Texans and their allies marched to the Capitol to protest the legislation, just over a week after state police forcefully booted scores of them from the Capitol and handcuffed two.

“We’re rising up. The whole LGBTQIA community is fighting back against a group of people who, at their core, don’t want us to exist,” said Danielle Skidmore, a longtime Austin resident and trans woman who came to the Capitol on Friday to protest the bill.

[…]

Several Democratic lawmakers voted for the bill, according to the vote record: state Reps. Alma Allen of Houston, Rhetta Bowers of Rowlett, Harold Dutton of Houston, Tracy King of Batesville, Armando Martinez of Weslaco, Suleman Lalani of Sugar Land, Mary Ann Perez of Houston and Shawn Thierry of Houston. Democratic state Reps. Christian Manuel of Beaumont, Penny Morales Shaw of Houston and Jessica González of Dallas initially voted for the bill, according to a record of the vote, but quickly said those were accidents and that they meant to vote against it.

Thierry, the lone Democrat to publicly speak in favor of SB 14 during Friday’s debate, said she voted for it with “an open heart and clear mind.”

“As a thoughtful legislator, mother, woman of faith and child advocate, I have made a decision to place the safety and well-being of all young people over the comfort of political expediency,” she said.

See here and here for some background. Before we go further, you need to read this Twitter thread from DMN reporter Lauren McGaughy, who has been following up with all of the Dems that had apparently voted Yes on SB14. In short, nearly all of them have said their Yes vote was in error and that they will be voting No on third reading. Tracy King and Shawn Thierry are the only two who confirmed that they intended to vote Yes, while Harold Dutton – who had been voting against most of the Dem-offered amendments to weaken SB14, unlike the others – hadn’t replied as of when I drafted this. I’m very glad to hear this, as I was about to be massively disappointed in some of these people. With some of them, let’s just say this wasn’t so shocking. Shawn Thierry has gone on some kind of bizarre heel turn – she was out there voting for book bans earlier, too – and I look forward to supporting a primary opponent against her. And Harold Dutton is still Harold fucking Dutton. Tracy King has the excuse of representing a district that Greg Abbott won in 2022, for what that’s worth. He qualifies as a disappointment.

Anyway. For those of you thinking well, it’s just drawing a distinction between adults and minors, I will remind you that the Senate passed a bill that would have outlawed this care for adults as well. Once you decide that it’s okay to ban safe and effective medical care for people because you don’t like it, there’s no obvious boundary for that. Cutting off ongoing treatment for however many kids is especially heinous.

(Yes, I believe the Dems who say their vote was in error. It happens. McGaughy confirmed with Charlie Geren that his No vote was in error, too.)

There will surely be litigation over this, as there has been in other states, and at some point SCOTUS will get to decide how much value they believe trans people have. Given their previous lack of care about who gets to access what kind of health care, I’m not optimistic, but it’s all we have until we vote in a different government. Until then, here’s a statement from the All In For Equality Coalition:

The Texas House voted today to advance Senate Bill 14, which will ban evidence-based, life-saving health care for transgender adolescents in Texas.

S.B. 14 bans puberty blockers and hormone therapy, which have been used and proven to treat gender dysphoria for decades.

Hundreds of Texans came to the State Capitol on May 2 to oppose the bill banning essential health care for trans youth — and were met with violence and arrests. The All in For Equality coalition condemned the clearing of the Capitol by authorities.

The bill passed the Texas House late Friday evening by a vote of 92 to 48.

The following quote can be attributed to Ash Hall (they/them), Policy & Advocacy Strategist at the ACLU of Texas:

“This is a dark day in Texas. Our legislature has turned its back on science, parents, and the safety and lives of children. Our hearts break for transgender young people in our state who have repeatedly been attacked by their own government for callous political gain. This legislation is vicious, it’s cruel, and it’s blatantly unconstitutional. The bigotry and discrimination in this bill will not stand up in court and it will not stand the test of time. Transgender people have always existed and always will, and the vast majority of Texans do not support harming them or cutting off this life-saving health care.”

The following quote can be attributed to Ricardo Martinez (he/him), CEO at Equality Texas:

“I am beyond angry that we must keep showing up to defend the dignity, privacy and liberty of our neighbors. Banning health care that literally saves lives should not be an option. The public debate about the value of our lives is not legitimate and it is out of touch with true Texas Values. This is part of a nefarious plan to eliminate us from public life. But it won’t work. We will not stop fighting for our rights. Not now, not ever.”

The following quote can be attributed to Emmett Schelling (he/him), Executive Director, Transgender Education Network of Texas:

“Today was ugly, but I am reminded that one of the fundamental parts of our trans experience is the deep understanding that we are all we have. Queer and Trans Texans are united in the fight to build a world in our vision on our terms.”

The following quote can be attributed to Sarah Warbelow (she/her), Legal Director for the Human Rights Campaign:

“Ill-informed and ill-intentioned politicians are prohibiting Texas parents from accessing best practice medical care for their children. S.B. 14 will be devastating to trans youth and their families – and it’s just the first of the many anti-LGTBQ+ bills that Texas lawmakers are working to pass. When this bill becomes law, Texas families will be banned from accessing medically necessary, safe, age-appropriate health care backed by decades of research and supported by the entire American medical establishment. Legislators are sending a clear message that Texas is not a safe place for LGBTQ+ people. We will not stop fighting these discriminatory measures.”

The following quote can be attributed to Shelly Skeen (she/her), Senior Attorney, Lambda Legal:

“Texas legislators seem hell-bent on the targeting of transgender Texas youth, their families, and their doctors. It was not enough to threaten parents with charges of child abuse for following their doctor’s orders, but now they want to block access to all medically necessary care against well-established standards, peer reviewed research, and the advice and recommendations of every major medical association. This bill risks the health, well-being, and very lives of trans adolescents in the Longhorn State. First and foremost, Texas legislators need to listen to transgender adolescents, their families and their doctors instead of passing discriminatory laws that endanger our community. Trans youth in Texas deserve protection from legislators, not harm that endangers their futures.”

The following quote can be attributed to Marti Bier (they/them), Vice President of Programs at Texas Freedom Network:

“I am floored by the cruelty and moral hypocrisy of this bill. Access to transgender health care can be lifesaving for transgender youth; this evidence-based health care is supported by every major medical association nationwide. Still, members of our State Legislature are determined to insert themselves in the private health decisions made between loving, affirming families and their trusted medical providers. This has been a devastating day for our community and the families this bill will undoubtedly displace or tear apart. We will never stop fighting alongside our partners to create a future where transgender youth, adults, and their families are safe and free to exist in their own home state.”

If you or someone you know needs mental health resources or support, please visit:
— Trans Lifeline at (877) 565-8860 or https://www.translifeline.org
— Trevor Project at 866-488-7386 or https://www.thetrevorproject.org/

One more thing: The story reference a recent poll that among other things indicated that a majority of respondents claimed not to know any trans people. I’m here to tell you, you’re probably wrong about that. Your kids or your grandkids likely have a friend or classmate who is trans. Some of the fellow parents you met at your kids’ schools are the parents of a trans kid. Your coworkers, your neighbors, your high school and college classmates, the people you know from church or your favorite restaurant, they have trans people in their lives, or maybe they’re trans themselves. Maybe they haven’t let you in on that knowledge, and if so you can ponder the reasons for that, but they’re there. They’re not going away. And they have every right to live their lives. It would help them a lot if the state got off their backs and out of their doctor’s offices. That’s not much to ask.

Texas Department of Agriculture sort of recognizes climate change

It’s a start, I guess.

On the heels of a historic drought that devastated crops from the High Plains to South Texas, a new Texas Department of Agriculture report released Tuesday linked climate change with food insecurity and identified it as a potential threat to the state’s food supply.

The food access study, coordinated by the TDA and the University of Texas Rio Grande Valley, notes that “climate instability” is strongly associated with soil loss, water quality, droughts, fires, floods and other environmental disasters. 2022 was one of the driest years on record for Texas, and about 49% of the state was still in drought conditions at the end of December. The drought resulted in failed crops, low yields for farmers and diminished grazing, which forced ranchers to cull their cattle and led to the highest amount of livestock sales — nearly $2.7 million — in more than a decade.

“From the agricultural perspective, concerns were expressed regarding droughts, drying up of artisanal wells, water use restrictions, fire threats and dangerous conditions for farm workers,” the report says.

Extended dry periods devastated Texas’ agricultural production, said Victor Murphy, a climate service program manager with the National Weather Service.

“We’re seeing longer periods without any precipitation, then when it does come, it’s in shorter, more intense bursts,” he said.

In total, Texas received a similar amount of precipitation in 2022 as in 2021, but most of that precipitation came all at once at the end of the summer.

Much of the state went through the worst of the drought conditions from June to August, during the high heat of the summer while plants are still growing. This was a sharp contrast to the torrential rainfall totals that followed. At the end of August, the Dallas-Fort Worth area was hit with a 1,000-year flood that brought 13 inches of rainfall in 18 hours.

[…]

The report recommends several actions, including having farmers work alongside researchers and policymakers, creating more food forests that allow trees to restore soil health and improve water quality, and strengthening bonds between local farmers and businesses to boost the farm-to-school infrastructure.

The report, which was submitted to the Texas Legislature on Dec. 31, also points to other factors that are making it harder for Texans to access and afford food, such as wages falling behind rising costs of living and lack of access to food in rural areas. Another issue is organizations being unaware of others with similar goals; for example, the report notes that certain grocers are interested in expanding delivery services into rural markets, while several food banks have acquired trucks to do the same.

The study includes suggestions that lawmakers could consider to help more Texans have consistent food access, such as expanding online and delivery options for Supplemental Nutrition Assistance Program participants and allowing more stores to accept those benefits.

Lawmakers have already filed some bills to address food insecurity during this year’s legislative session. State Rep. Shawn Thierry, D-Houston, filed House Bill 1118, which would offer tax credits to grocery stores that open in food deserts.

There’s no link to the report in the story, and I couldn’t find anything obvious on the TDA homepage or Twitter feed, so you’ll have to take what this story gives you. I wouldn’t expect the Lege to do much about this – they’re no more likely to care about the food insecurity of poor folks than they are about climate change – but at least they’ve been told about it.

A closer look at the maternal mortality report

I take no joy in predicting that the Legislature will take no action on this.

Nakeenya Wilson was at a meeting of Texas’ maternal mortality review committee when she got the call: Her sister, who had recently had a baby, was having a stroke.

Wilson raced to the hospital, leaving behind a stack of files documenting the stories of women who had died from pregnancy and childbirth complications. Many of the women in those files were Black, just like Wilson, who experienced a traumatic delivery herself.

“The whole thing just reminded me, if you change the name on those files, it could be me. It could be my sister,” said Wilson, who serves as the committee’s community representative.

A decade ago, when Texas first formed the Maternal Mortality and Morbidity Review Committee, Black women were twice as likely as white women, and four times as likely as Hispanic women, to die from pregnancy and childbirth.

Those disparities haven’t improved, according to the committee’s latest report, published Thursday.

In 2020, pregnant Black women were twice as likely to experience critical health issues like hemorrhage, preeclampsia and sepsis. While complications from obstetric hemorrhage declined overall in Texas in recent years, Black women saw an increase of nearly 10%.

Wilson said these statistics show the impact of a health care system that is biased against Black women.

“We’re still dying and being disproportionately impacted by hemorrhage when everybody else is getting better,” Wilson said. “Not only did it not improve, it didn’t stay the same — it got worse.”

The causes of these disparities aren’t always simple to identify, and they’re even harder to fix. It’s a combination of diminished health care access, systemic racism, and the impact of “social determinants of health” — the conditions in which someone is born, lives, works and grows up.

Wilson said she and her sister are prime examples. They grew up in poverty, without health insurance, routine doctor’s visits or consistent access to healthy food.

“We started behind the ball,” she said. “We’ve had so many hard things happen to us that have contributed to our health by the time we’re of childbearing age.”

Maternal health advocates in Texas say addressing these disparities will take more than fixing labor and delivery practices. It will require building a comprehensive health care system that addresses a community’s needs across the board, starting long before pregnancy.

In the end, Wilson’s sister survived her postpartum health scare. But the experience reminded Wilson why she volunteers her time to read, review and analyze stories of women who have died from pregnancy and childbirth.

“When you look at the work marginalized people do, they do it because they don’t feel like they have any choice,” she said. “If we want to see things change, and we want to be safe, we have to advocate for our own safety.”

See here for some background. There’s way too much for me to try to capture in an excerpt, so go read the whole thing. Rep. Shawn Thierry, who experienced some of these problems herself a few years ago when she was giving birth, is and has been working on getting legislation passed to address the issues, which includes things like expanding health care access, gathering better information, and strengthening the maternal mortality review process. See above for my assessment of the likelihood of passage. Rep. Thierry will need a lot more like-minded colleagues to make that happen, and we are very much not there yet. But the work is happening, and will continue to happen.

State delays report on maternal mortality until next year

Sorry, didn’t get to it, other things to do, you know.

Texas health officials have missed a key window to complete the state’s first major updated count of pregnancy related deaths in nearly a decade, saying the findings will now be released next summer, most likely after the Legislature’s biennial session.

The delay, disclosed earlier this month by the Department of State Health Services, means lawmakers won’t likely be able to use the analysis, covering deaths from 2019, until the 2025 legislative cycle. The most recent state-level data available is nine years old.

In a hearing this month with the state’s Maternal Mortality and Morbidity Review Committee, DSHS commissioner Dr. John Hellerstedt said the agency wanted to better align its methodology with that of other states, and that there hadn’t been enough staff and money to finish the review for a scheduled Sept. 1 release.

“The information we provide is not easily understood, and not easily and readily comparable to what goes on in other states,” Hellerstedt told the committee. “And the fact it isn’t easily understood or easily comparable in my mind leaves room for a great deal of misunderstanding about what the data really means.”

In a statement, DSHS spokesman Chris Van Deusen said the agency is reviewing its “internal processes” to try to develop more timely data.

“I expect we’ll be having conversations with legislators about what could be done to speed up the lengthy review process,” he said.

The setback comes four months before the start of the legislative session and two months before the midterm election, which has been dominated in part by the state’s new Republican-led abortion ban. Those restrictions have placed more scrutiny on the state’s maternal mortality rate, which is among the 10 highest in the country, according to national estimates that track pregnancy-related complications while pregnant or within a year of giving birth.

“There are a lot of us that want to know whether or not pregnancy in Texas is a death sentence,” said state Rep. Ann Johnson, a Houston Democrat and member of the Texas Women’s Health Caucus. “If we’ve got a higher rate of maternal mortality, we sure want to figure it out. You can’t figure it out if somebody’s sitting on the numbers, and that’s my worry.”

Like in other states, maternal outcomes in Texas are worse for Black women, who have died at about three times the rate of non-black women. This year’s findings were expected to drill further into the causes behind those disparities.

Rep. Shawn Thierry, a Houston Democrat who has described going through her own dangerous birthing experience, said the data is critical for understanding the role cesarean sections play in maternal deaths and whether implicit bias is playing a factor in the quality of maternal care for Black women.

“There is so much to unpack from the data,” Thierry said, adding that “no woman who chooses life should have to do so in exchange for their own.”

Members of the state’s maternal mortality committee, which compiles the official report, said they were disappointed by the decision to hold the preliminary findings.

“(We) do the work to honor the lives of women who lost their lives, and families that are forever impacted by the loss of a mother,” said Dr. Carla Ortique, the committee chair. “So there’s disappointment on both fronts: that we’re not honoring those women and families, and that we may be negatively impacting efforts to improve maternal health outcomes in our state.”

Pathetic. And typical. But don’t worry, even if the Lege has no current data on maternal mortality to take action on in the next session, they will be fully prepared to make abortion more illegal, because that’s what they care about. Daily Kos has more.

Meet the new special session

Same as the old special session, at least at first.

It appears likely that not enough Democrats will show up for the Texas House to conduct business when a second special legislative session convenes Saturday.

Some of the more than 50 Democratic representatives who fled Texas to foil the first special session began trickling out of their Washington, D.C., hotel and heading home Friday. But 27 members have committed to staying in the nation’s capital. At the same time, Democrats were working to confirm that at least 50 members will pledge to not return to the House floor on Saturday even if they are back in Texas.

If that happens, the chamber would again be deprived of a quorum to conduct business for at least a few days. And it could set up a showdown over whether House Speaker Dade Phelan has the authority, and political will, to compel Democratic representatives in Texas to show up at the Capitol.

The ongoing absences would further delay any consideration of the 17-item agenda Gov. Greg Abbott has set for the 30-day special session, including a contentious voting bill, which Republicans have vowed to pass into law, that motivated Democrats to leave the state last month. Two-thirds of the 150 member chamber must be present to conduct business. One seat is currently vacant.

“If you’re looking for us to telegraph exactly what we’re going to do over the next couple days, we’re not going to do that at this time,” state Rep. Chris Turner, the Democratic caucus chair, said earlier in the day. “The governor would love us to do that, but we’re not going to.”

The House Democratic caucus would not confirm any details about its next move as of Friday evening after marking the last day of the first special session that was derailed after 57 members broke quorum.

The number of Democrats actually in Washington had appeared to dwindle to about 40 members over the last few days. But with 27 Democrats planning to stay behind, even some of the Democrats seen departing from their hotel in Washington on Friday indicated the House floor may not be their destination.

[…]

“If Congress is in session, we’re in session,” state Rep. Trey Martinez Fischer, D-San Antonio, said earlier in the day. “Our job is here, and we will have a significant number of members staying here and waiting day by day, engaging day by day, finishing the fight.”

Well, we’ll see. We ought to know early on what the head count is. In one of the earlier stories I saw, it was noted that the Republicans are also not quite at full strength, as some are on vacation or otherwise not available – Jake Ellzey is now in Congress, so right there they’re down one – and that means they need that many more Dems to show up to get to 100. We don’t know if Speaker Dade Phelan is going to follow through on the threat to use DPS to hunt down wayward Dems in the state and drag them to Austin. We may eventually get a quorum, but it won’t happen right away.

Later on Friday, this happened.

Twenty-two Texas House Democrats sued some of the state’s top Republican leaders in federal court in Austin late Friday, alleging that GOP officials’ efforts to bring them home for a special legislative session infringed on their constitutional rights to free speech and to petition the government for redress of grievances.

The lawsuit was filed on the final day of the first special session called by Gov. Greg Abbott — and on the eve of a second specially called legislative session — and names as defendants Abbott, House Speaker Dade Phelan and State Rep. James White.

[…]

It’s unclear why White was listed as a defendant. White said Friday night he was not aware he’d been sued or why he was named as a defendant. The lawsuit also did not use Phelan’s legal name, which is Matthew McDade Phelan.

Abbott and Phelan did not immediately have a statement on the lawsuit.

The Democrats’ attorney, Craig Anthony Washington, a former Democratic lawmaker, did not respond to a request for comment. Washington is practicing law under a probationally suspended license, according to the State Bar of Texas.

The lawsuit alleges that some Democrats are being targeted because of their race and skin color, but then provides no evidence.

It also claims the three Republican lawmakers acted together under the “color of law” to cause the harm alleged in the suit, but then points no specific harmful actions other than “public statements.” The lawsuit also says some individual plaintiffs experienced “retaliatory attacks, threats and attempts at coercion relating to the exercise of their First Amendment rights” but again does not provide specifics.

The plaintiffs listed in the case are state Reps. Senfronia Thompson, Trey Martinez Fischer, Gene Wu, Vikki Goodwin, Ron Reynolds, Eddie Rodriguez, Jon Rosenthal, Jasmine Crockett, Mary Ann Perez, Alma Allen, Christina Morales, Nicole Collier, Celia Israel, Ana-Maria Ramos, Barbara Gervin-Hawkins, Terry Meza, Donna Howard, Jarvis Johnson, Ray Lopez, Shawn Thierry, Elizabeth Campos and Gina Hinojosa.

The lawsuit alleges that the three Republican lawmakers have attempted “by public statements and otherwise, to attempt to deny, coerce, threaten, intimidate, and prevent” the Democrats and their constituents from voting in all elections, petitioning the government for redress of grievances, speaking publicly about their constitutional rights, exercising their right of association and their right to not being arrested without probable cause. The Democrats allege that in acting together, the defendants engaged in a conspiracy to deprive them of their constitutional rights.

Because of the defendant’s actions, the complaint alleges, the plaintiffs have been “deprived of liberty for substantial periods of time, suffered much anxiety and distress over separation from their families, and much discomfort and embarrassment.” They also have suffered damages to their reputations and have had to spend time traveling to Washington to lobby Congress to pass laws that would protect voting rights.

That sounds pretty unlikely to me, even without the issues noted for attorney Craig Washington. You can read a copy of the lawsuit and come to your own conclusions, but this seems like an extreme longshot. And as to why Rep. White was named as a defendant, my guess is it stemmed from his request for an AG opinion suggesting that the quorum-breaking Dems had “vacated” their seats. Even if you could count on Ken Paxton’s office to give an honest answer, that seems like a big escalation of the stakes.

And in other desperation moves, there’s this.

Texas Republican leaders said Friday they were extending “an additional month of funding” for the Legislature as a deadline to reinstate those dollars vetoed by Gov. Greg Abbott nears, which could cost some 2,100 state workers their salaries and benefits.

The announcement Friday by Abbott, Lt. Gov. Dan Patrick and House Speaker Dade Phelan comes a day ahead of the beginning of a second special session, where it’s still unknown whether enough state lawmakers in the lower chamber will convene in time to restore the funding long term.

[…]

Citing an emergency, the Legislative Budget Board requested the transfer of funds, according to a memo dated Aug. 6 from Abbott responding to the LBB’s proposal. Funds amounting to at least $12.6 million will be transferred from the Texas Department of Criminal Justice to the Senate, the House, and legislative agencies such as the LBB, the Legislative Council and the Legislative Reference Library.

Abbott referenced his veto in that memo, reiterating his position that “funding should not be provided for those who quit their jobs early and leave the state with unfinished business, exposing taxpayers to higher costs for additional legislative sessions.”

“However, in order to ensure the Legislature is fully resourced to do the work of the next special session,” he wrote, “I recognize that the partial restoration the Legislative Budget Board had proposed is necessary.”

The extension announced Friday means that those legislative employees and legislative agencies will have funding intact through Sept. 30 instead of Sept. 1, when the next two-year state budget takes effect.

I thought the LBB could only meet when the Lege was not in session, which is certainly was on Friday. If this is all it took, then why not act sooner? And why not free up more money? This has the feel of something half-baked, though I suppose if no one challenges it in court there’s nothing to stop it. And hey, even if someone does challenge it in court, the Supreme Court will just sit on it until the matter becomes moot anyway, so what difference does it make? We’re off to a roaring start here, that’s for sure.

Maybe this is the year we get rid of Confederate Heroes Day

I know it shouldn’t boggle my mind that we even still have such a thing as “Confederate Heroes Day” in Texas in the year of our Lord 2021, but we do and it does. And so, some lawmakers will try, try again to make that a thing of the not-nearly-distant-enough past.

Rep. Nicole Collier

The day after Martin Luther King Jr. Day, a federal holiday honoring a leader of the American civil rights movement, some Texas employees will also take a paid day off this Tuesday for Confederate Heroes Day — a state holiday falling on Robert E. Lee’s birthday, intended to celebrate him, Jefferson Davis and other Confederate soldiers.

For years, a handful of Texas lawmakers have tried in vain to pass legislation that would remove or replace the holiday celebrating leaders of the Confederate army.

But they say this year feels different.

Demonstrators across the nation spent months over the summer protesting police brutality and racial injustice, leading many states to initiate mass removals of Confederate memorials.

“The killing of George Floyd, a Texan, and the killing of Atatiana Jefferson, another Texan, at the hands of law enforcement, certainly do underscore the importance of removing a day of remembrance that brings to the mind slavery and oppression,” said state Rep. Nicole Collier, D-Fort Worth, chairperson of the Legislative Black Caucus.

Texas isn’t alone in its recognition of the controversial holiday. Eight other states have similar Confederate memorial days throughout the year: Mississippi, Alabama, Georgia, North Carolina, South Carolina, Louisiana, Tennessee and Virginia. Mississippi and Alabama also have a joint Martin Luther King Jr. and Robert E. Lee Day.

The birthdays of Lee and Davis used to be separate Texas holidays, but lawmakers consolidated them in 1973 to create Confederate Heroes Day.

State Rep. Jarvis Johnson, D-Houston, filed one of two bills for this session attempting to remove the holiday from the state’s calendar. State Rep. Shawn Thierry, D-Houston, filed the other in support.

“This is an opportunity for us to bring and shine light on social injustice, how Black people across this country have been demonized and have been treated unfairly by the judicial system, the criminal justice system,” Johnson said. “I think this is another way that we have to wipe away and erase harmful, hurtful imagery that continues to remind us of our horrible past.”

Johnson filed the same bill to abolish the holiday during the 2019 legislative session, but it never got a vote in the State Affairs Committee, which House Speaker Dade Phelan chaired at the time.

Phelan will ensure lawmakers have a “level playing field to advocate for legislation important to them and their communities” this session, said Enrique Marquez, spokesperson for the speaker.

We’ll see about that. I mean, it was just two years ago that we were finally able to get a Confederate plaque removed at the Capitol, though later in that same session the Senate approved a bill that would make it virtually impossible to remove any other Confederate monuments around the state. (That bill did not come to a vote in the House, so at least there was that.) I would hope that seeing an actual insurrectionist carrying an actual Confederate flag inside the actual US Capitol earlier this month, a thing that the Confederate Army itself failed to do, might shock some people out of whatever it is that made them not be reviled by this sort of thing, but I would not bet on it. But as someone once said, it’s always the right time to do the right thing.

Introducing the George Floyd Act

Coming this spring to the Legislature.

Black lawmakers at the Texas Legislature unveiled on Thursday the George Floyd Act, a sweeping police reform proposal that would ban chokeholds across the state and require law enforcement officers to intervene or render aid if another officer is using excessive force while on the job.

The legislation, spearheaded by members of the Texas Legislative Black Caucus, is named after Floyd, a Black man killed in Minneapolis police custody. Floyd died after a white police officer knelt on his neck for several minutes until and after he lost consciousness.

His death in May set off protests across the country and renewed debate over police brutality and racial inequity. And at the Legislature, which is set to meet again in January 2021 for a regular session, Floyd’s death has sparked new calls for policing and criminal justice reforms — including proposals that have failed at the Texas Capitol in recent years, often after opposition from police unions.

“We acknowledge that the road to justice in Texas — particularly for Black and brown people in Texas — has been fraught with dead ends, dead ends of white supremacy, racial hatred and bigotry,” state Rep. Harold Dutton, a Houston Democrat who chairs the caucus, said as he kicked off a virtual press conference, which included Floyd’s youngest brother, Rodney Floyd. “These dead ends have to go — and particularly the dead ends that relate specifically to law enforcement.”

The bill would also address qualified immunity, which shields government officials from litigation, by allowing civil lawsuits at the state level “for deprivation of rights under color of law,” according to a caucus summary of the legislation. Another provision would end arrests for fine-only offenses like theft under $100, a version of which died dramatically in 2019 after union opposition.

“Those police officers who do wrong by unlawfully harming our families or our constituents, who violate the constitutional rights of others, will be held accountable and legally liable for their actions,” said state Rep. Shawn Thierry, D-Houston.

It’s unclear if the outcry sparked by Floyd’s death will provide enough momentum in 2021 to push past resistance from law enforcement and unions. It’s also unknown whether the legislation will win Gov. Greg Abbott’s support, which would be crucial in turning it into law.

Abbott has previously said he is committed to working with Floyd’s family on legislation, and has even floated the possibility of a George Floyd Act at the Legislature. While he has not offered specifics on what proposals he would support, Abbott has emphasized a proposal that has also been pushed by police union officials: strengthening law enforcement training before officers are allowed to go on patrol.

It’s still too early to pre-file bills, since after all we don’t know for sure who will be serving in the next session, but it’s never too early to announce them. The Chron adds some details.

Groups including the Texas NAACP, Mothers Against Police Brutality, ACLU of Texas, Texas Coalition of Black Democrats, Black Lives Matter Houston and Texas Organizing Project have already thrown their support behind the bill.

Gov. Greg Abbott has publicly condemned Floyd’s death and promised to work with state legislators to pass reforms, though he did not discuss specifics. State Rep. Senfronia Thompson, D-Houston, and state Sen. Royce West, D-Dallas, who plan to carry the legislation, said Thursday they had not yet spoken with Abbott about it.

“It would be a great signal if he made this an emergency item and that we pass this in the first 90 days of the Legislature,” said state Sen. Royce West, D-Dallas. “Hopefully he will partner with us on this legislation.”

The 19-member caucus that introduced the bill Thursday includes a single Republican, Rep. James White of Hillister.

While some local police and sheriff’s departments have implemented some tenets of the bill, such as requirements for officers to attempt de-escalation before using force, none of them are required for all 2,000 police agencies in Texas.

Further, the bill would require officers to demonstrate that they use lethal force only when in “imminent threat of serious bodily injury or death” or when “no other lesser level of force could have worked” and their actions present no risk to bystanders, according to a draft of the law that the caucus released Thursday. The use of force must stop as soon as the threat diminishes.

The bill states that “all force must be proportionate to the circumstance and the seriousness of the offense … and must be accompanied by (an) attempt to de-escalate.”

[…]

Charley Wilkison, the executive director of CLEAT, one of the largest law enforcement union in the state, said his organization is open to many of the concepts in the proposed bill, including banning chokeholds and ending arrests for fine-only offenses.

Other areas may require a more nuanced conversation, such as qualified immunity, as Wilkison said he believes it allows enough latitude — “It’s ‘qualified’; it’s not blanket” — under current law for citizens to sue officers for misconduct. Wilkison said he agrees with setting a statewide use-of-force policy, as long as officers retain discretion.

“If we’re allowed to be in the chain of communication, we’ll share and do our due diligence to take honest action in the Legislature,” Wilkison said.

As both stories note, some of what is in this proposed bill had been in the Sandra Bland Act originally. I don’t know that Abbott will care enough to make this bill an emergency item, but I do expect that he’ll support some form of this, and I do expect that something will pass. It’s mostly a question of how much of the bill as filed makes it to the finish line, and whether anything that is less desirable makes it in along the way. The potential for messiness, heated debate, and at least one idiot member of the Freedom Caucus saying something deeply stupid and offensive is quite high. But in the end I do expect something to pass, and we’ll feel good about what we do get. The question is how good, and how much more there will be to do in a future session. Reform Austin has more.

The interviews I didn’t do

As was the case with the 2019 Houston elections, there were too many candidates and too many races (and in this case, too little time as well) to do a full slate of interviews. I did what I could, and did a pretty good job of covering the races of interest in Harris County if I do say so myself, but if there had been more time I’d have done more. In some cases, I can point to previous interviews or other resources, so let’s have a review, and look ahead to what might be on tap for the runoffs.

US Senate: I’d have loved to interview some of these candidates, but it was unlikely I’d be able to get time on their calendars, especially after the filing deadline. The Texas Signal has done some Senate candidate forums, and you can see links to Facebook videos from one they did in Houston here. The Texas Trib also did a series of interviews with the five leading candidates, and they can be seen here, as well as a Q&A series here.

CD02: I interviewed Elisa Cardnell and Travis Olsen very early in the cycle, before the filing deadline and thus before Sima Ladjevardian entered the race. I’ve tried but have not succeeded at setting up a time to talk with her, and if there’s a runoff that she’s in that will be a top priority for me.

CD08: This is obviously not a district that anyone expects to be competitive, but I regret not having the time to speak to Laura Jones and Elizabeth Hernandez. They both look like super candidates, and it’s important to support efforts to build Democratic infrastructure in places like Montgomery County. That race is on my list for November.

CD09: Rep. Al Green is the one Democrat in Congress from the area that I’ve never had the chance to interview. Tried to chase him down once a few years ago but couldn’t make it happen. I don’t see this as a competitive race and there’s no need to do a November interview, but one of these days I’d like to talk with him, just to have done it.

CD10: I interviewed Mike Siegel for the 2018 runoff. This race is on my list for the May runoff, if there is one.

CD18: I interviewed Rep. Sheila Jackson Lee back in 2010. I would enjoy talking with her again, but I did not have it in me to do seven (!) interviews for this race. In the unlikely event of a runoff, I’ll definitely revisit this race.

CD22: I interviewed Sri Kulkarni for the 2018 runoff. My original thought was that if this goes to a runoff I’ll be there for it, but after the recent bizarre allegations between the two candidates who might make it into a runoff besides Sri Kulkarni, I’m not sure what I’ll do.

SD11: I interviewed Susan Criss when she ran for HD23 in 2014. I may or may not do this race for November, we’ll see.

SD13: I’ve interviewed Sen. Borris Miles twice, most recently in 2012, when he was running for re-election in HD146. Let’s just say I’d have to ask him some very different questions now, and leave it at that.

HD126: As it happens, I interviewed both candidates in 2018 – Natali Hurtado, and Undrai Fizer. I’ll probably do this one for November, we’ll see.

HD142: I have never interviewed Rep. Harold Dutton, I don’t think I’ve ever met him. I have interviewed Jerry Davis a couple of times, most recently in 2013. I will definitely want to do interviews in this race if there’s a runoff.

HD146: I have not interviewed Rep. Shawn Thierry, but I did run a judicial Q&A from her in 2010. I interviewed Ashton Woods for City Council last year.

HD147: I have interviewed Rep. Garnet Coleman multiple times, most recently in 2012. He’s always been a favorite person to talk to. In the unlikely event of a runoff, I’ll definitely revisit this race.

HD148: Had it not been for the special election in November, I’d have been all over this race. That said, thanks to the special election I’ve already done interviews with Rep.-elect Anna Eastman, Penny Shaw, and Adrian P. Garcia. I also interviewed Cynthia Reyes-Revilla for City Council. I might possibly revisit this in a runoff, but because I’ve done these interviews so recently it’s not clear to me I’d have anything new to ask these folks. We’ll see.

Sheriff: I’ve interviewed Sheriff Ed Gonzalez multiple times, including in 2016 when he first ran for Sheriff. I also interviewed Jerome Moore after he made it to the runoff with Gonzalez in 2016. I didn’t see this race as a particularly serious challenge to Gonzalez, so I put a higher priority on the DA and County Attorney races. If it turns out I was wrong and this one winds up in a runoff, I will of course revisit it.

HCDE: I also regret not doing interviews in the two At Large HCDE races, but there just wasn’t the time, and unlike with legislative offices there’s just so many questions about this position I can reasonably ask. I’ll probably do Position 7 if that race goes to a runoff, but we’ll see.

Yeah, I’ve done a lot of interviews over the years. Always room for more, though not always the time. I’ll be back to the task in March, and again later this year. Hope you find this useful.

Endorsement watch: Some State Reps

The Chron made seven endorsements in contested Democratic State Rep primaries on Thursday, plus two in contested Republican State Rep primaries. This must be Part One, because there are multiple races left for them to do. I’ll get to that in a minute, but for now, here’s a recap of the action.

Rep. Alma Allen in HD131.
Rep. Senfronia Thompson in HD141.
Rep. Garnet Coleman in HD147.

None of those are surprising, or all that interesting given that these are three of the best from Harris County. Moving on.

Josh Markle in HD128.

District 128 borders and straddles the Houston Ship Channel. In the last election, the Democratic Party did not run a candidate against the incumbent Rep. Briscoe Cain. This year, both candidates in the Democratic primary, Josh Markle and Mary Williams, want voters to at least have a choice even if they face long-shot odds. That’s smart, as no seat should be so safe that incumbents aren’t even challenged.

[…]

Markle was a staff sergeant in the U.S. Air Force, and besides environmental issues, his platform includes the full gamut of core Democratic issues — healthcare, education, jobs and criminal justice reform. He’ll give voters in the Republican-leaning district a promising alternative to consider in the fall.

Williams served the Houston Police Department as a civilian for more than 23 years. We applaud her spirit of service and dedication to her community. But we believe Markle will give voters ready for a change in the district a better option.

Markle got a fundraising boost from Beto back in September, as you may recall. Good candidate, very tough race.

Ann Johnson in HD134.

Ann Johnson

Child prostitutes were seen as criminals not victims under Texas law until 2010 when Ann Johnson won a case at the Texas Supreme Court involving a girl who was 13 when she was arrested. The case changed both the state law and the national conversation around sex trafficking, and is among several achievements that distinguish Johnson from a strong slate in the Democratic primary for House District 134.

[…]

Ultimately it is Johnson who presents the strongest chance for Democrats to take back control of District 134. She speaks with authority about a broad range of issues and with the persuasive power of a former prosecutor. After the landmark case she argued to the Texas Supreme Court, she was was hired by a Republican district attorney as a human-trafficking specialist. She worked with Republican judges to start the CARE court to assist child victims of human tracking and SAFE court for people 17 to 25 charged with prostitution. Now she’s calling for public-private partnerships to establish a victim recovery village.

Even if Democrats do flip the House, whoever wins this seat will have to work those across the aisle. Johnson has a record of appealing to common values to get important work done.

It is a strong field in HD134, as any of Johnson, Ruby Powers, or Lanny Bose would be an excellent State Rep. You can’t go wrong here.

Rep. Shawn Thierry in HD146.

Rep. Shawn Thierry

Shawn Thierry traces her interest in politics back to early childhood when she was the first black child in her Houston public elementary school. Thierry’s teacher quit because she said she couldn’t teach a “colored child.”

Her mother, the first black teacher to integrate Sharpstown High School, used to call her “little Barbara Jordan,” after the revered Texas politician who was the first African-American woman in the Texas Senate and the first from the Deep South elected to the U.S. Congress.

[…]

Thierry is being challenged for the seat, which represents a demographically diverse community from Sunnyside through Meyerland and Westbury past Sharpstown, by Houston Black Lives founder and community activist Ashton P. Woods.

Woods, who ran for City Council last year, brings passion for communities that often go unheard, especially on issues impacting the LGBT community. His is a much-needed voice that we hope will be heard.

Thierry, however, brings pragmatism and perseverance that is critical in making change happen in the Legislature. We endorse Thierry for House District 146.

Thierry was elected in 2016 after winning the nomination in one of those precinct chair selections, after Borris Miles moved up to SD13 to replace Rodney Ellis. She had a primary challenger in 2018 but won that easily. I heard a brief rumor after the 2019 election that Dwight Boykins might file for this seat, but in the end that didn’t happen. Woods is the strongest challenger to a Dem incumbent this side of Jerry Davis, and he’s picked up a few endorsements including the GLBT Political Caucus and the Texas Organizing Project. Keep an eye on this one as well.

Rep. Anna Eastman in HD148.

Rep. Anna Eastman

Eastman, whose HISD district included 75 percent of District 148, told the Editorial Board that education would be one of her priorities. She wants to ensure that funding from HB3, the school finance bill passed in the last session, is preserved and the money goes where it is needed. She also believes the state school rating system needed to be reviewed.

“There’s a huge disconnect when you have a district like HISD getting a B rating, triggering a board of managers and having schools that we know really are not serving our kids in a way that they’re worthy of,” said Eastman, 52.

She also supports increasing access to safe, legal abortion and a number of gun reform measures, including closing background-check loopholes, red-flag laws and banning assault-style weapons and ammunition.

We were also encouraged by Eastman’s plan to spend the next several months establishing her office, getting to know her constituents and “showing up in Austin in January ready to serve and do work that matters.”

Eastman was the Chron’s choice in the special election, so this is not a surprise. Penny Shaw has racked up all of the group endorsements, however, so this ought to be a tough race. Most likely, Eastman will have to run a fourth time, in a primary runoff, for the opportunity to run for a fifth time, in November.

Still to be endorsed: HDs 126 and 138, the two remaining challenges to Republican-held seats, and HDs 139 and 142, the other two challenges to Dem incumbents. Also, too, SDs 11 and 13, and a bunch of other races. We’re still waiting.

January 2020 campaign finance reports: State House, part 1

I’m going to take a two-part look at the finance reports in State House districts. Part One will be from Harris County, looking at both contested primaries and contested November races. Part Two will focus on races in the counties around Harris. Previous entries in this series include Harris County offices, and statewide races.

Undrai Fizer, HD126
Natali Hurtado, HD126

Sam Harless, HD126

Josh Markle, HD128
Mary Williams, HD128

Briscoe Cain, HD128
Robert Hoskins, HD128

Kayla Alix, HD129

Dennis Paul, HD129
Ryan Lee, HD129

Bryan Henry, HD130

Tom Oliverson (PAC), HD130

Alma Allen, HD131
Carey Lashley, HD131
Deondre Moore, HD131
Elvonte Patton, HD131

Gina Calanni, HD132

Angelica Garcia, HD132
Mike Schofield, HD132

Sandra Moore, HD133

Jim Murphy (PAC), HD133

Lanny Bose, HD134
Ann Johnson, HD134
Ruby Powers, HD134

Sarah Davis, HD134

Jon Rosenthal, HD135

Merrilee Beazley, HD135
Justin Ray, HD135

Akilah Bacy, HD138
Jenifer Pool, HD138
Josh Wallenstein, HD138

Josh Flynn, HD138
Lacey Hull, HD138
Claver Kamau-Imani, HD138

Jarvis Johnson, HD139
Angeanette Thibodeaux, HD139

Senfronia Thompson, HD141
Willie Franklyn, HD141

Harold Dutton, HD142
Richard Bonton, HD142
Jerry Davis, HD142
Natasha Ruiz, HD142

Shawn Thierry, HD146
Ashton Woods, HD146

Garnet Coleman, HD147
Colin Ross, HD147
Aurelia Wagner, HD147

Anna Eastman, HD148
Adrian P. Garcia, HD148
Cynthia Reyes-Revilla, HD148
Penny Shaw, HD148
Emily Wolf, HD148

Lui La Rotta, HD148

Michael Walsh, HD150

Valoree Swanson, HD150


Candidate     Raised     Spent     Loan     On Hand
===================================================
Fizer            800       319        0         500
Hurtado       25,091     9,588        0      11,752

Harless       73,265    11,022   20,000     103,669

Markle        78,906    12,426        0      68,081
Williams

Cain         125,891    39,462        0     133,616
Hoskins        4,575    26,033        0       3,804

Alix           2,141     1,343        0         898

Paul          85,621    38,444  156,000     116,486
Lee           10,720     4,779        0       5,879

Henry          3,385     2,901        0       3,385

Oliverson     56,555    62,895   60,000     101,693

Allen         11,100    13,251        0      32,798
Lashley
Moore
Patton        43,075     1,100        0      10,000

Calanni       82,002    24,571        0      70,770

Garcia        28,045    20,076        0      21,309
Schofield     27,400    24,152        0     152,549

Moore          2,000     2,539        0       1,502

Murphy       120,076   132,583        0     487,913

Bose          54,573    13,702        0      40,871
Johnson       58,287    31,075        0     148,054
Powers        43,015    40,852        0      18,299

Davis         89,750    76,040        0     230,958

Rosenthal     70,841    42,143        0      41,320

Beazley            0       465        0           0
Ray           52,666    24,644        0      47,082

Bacy          28,066     6,799        0      14,455
Pool
Wallenstein   42,137    35,766   10,000      51,786

Flynn         12,080    20,761        0       9,166
Hull          50,068     4,551        0      45,516
Kamau-Imani   18,800     2,229        0      16,570

Johnson        8,775     3,619    2,500      26,946
Thibodeaux     7,000     2,069        0       4,931

Thompson     104,216   136,801        0     889,738
Franklyn           0     1,873        0       1,336

Dutton        26,876    16,676        0      79,263
Bonton
Davis        139,565     9,787        0     129,928
Ruiz

Thierry       13,710    11,825        0      13,446
Woods          1,485     1,263        0       1,690

Coleman       97,990   129,532        0     110,589
Ross
Wagner

Eastman       75,378    57,861        0      33,967
Garcia        12,100     2,500        0       4,000
Reyes-Revilla  3,547         0    8,000       3,547
Shaw          11,635    15,531   34,000      15,454
Wolf               0         0      200         235

La Rotta      11,280    10,602        0       4,095

Walsh              0        33        0          33

Swanson       10,201    27,643   34,040      34,657

You may also want to refer to this Trib story and this Reform Austin post about the finance reports in the top tier House races. I don’t have the bandwidth to look at all of them, so check them out for their reporting on it.

There are several contested Democratic primaries, including five challenges to incumbents in safe D districts. This was a popular pastime in the 2000s, during the Craddick era – Alma Allen beat Ron Wilson, Armando Walle beat Kevin Bailey, Borris Miles took three out of four against Al Edwards. The latter of those occurred in 2012, and while there have been primary opponents to incumbents over the past few cycles, none have come close to succeeding; Edward Pollard in HD137 and Demetria Smith in HD149, both of whom got about 35% in their races in 2016, came closest. The one this year that has the greatest potential to upset the status quo is in HD142, where longtime State Rep. Harold Dutton faces unrest over his role in passing the TEA takeover bill as well as the tumult in City Council District B. Still-current District B incumbent Jerry Davis, who transferred all of his city campaign funds into his State Rep campaign treasury, is the main threat to Dutton. I can’t wait to see how the endorsements play out – Davis has already gotten the nod from the Texas Gulf Coast Area Labor Federation (TGCALF), AFL-CIO, the only challenger to an incumbent in Harris County to do so. Elvonte Patton, who was a candidate for HCDE in the 2018 primary, has a nice fundraising total, but most of that is in kind, and Alma Allen has vanquished previous challengers with 85% or more of the vote in the past.

On the Republican, there’s not much action outside of an attempt to install a grownup in HD128. As I understand it, Robert Hoskins has some establishment support in his effort to knock out Briscoe Cain, but as you can see not a lot of money. We both know which speaks louder.

The four most hotly contested seats, one of which is open, is where the bulk of the action is. All three contenders in HD134 raised similar sums, but Ann Johnson has a commanding lead in cash on hand thanks to a big first half of the year. Akilah Bacy and Josh Wallenstein both raised a few bucks in HD138, with Wallenstein doing a bit better, while Lacey Hull led the pack on the Republican side. I have to assume now that his spot on the ballot is assured, Josh Flynn will ramp it up. Freshman Reps Gina Calanni and Jon Rosenthal both outpaced the totals of their potential opponents. The HD132 GOP race will be interesting, as Angelica Garcia has Greg Abbott’s endorsement but former Rep. Mike Schofield still has cash left over from his 2018 loss. To some extent, none of these totals matter that much because there will be a ton of PAC money on both sides in all of the competitive districts. Still, a candidate or incumbent who can raise cash on their own is stronger than one who relies mostly on others doing that work.

In HD148, where there’s both a contested primary and a special election runoff (happening now!), the main thing to note is that these totals are all from October 27 through the end of the year, as all of the candidates save Emily Wolf had eight-day finance reports from their November 2019 races. Penny Shaw has gotten a couple of early endorsements, so the 30-day report in early February will tell a more detailed picture for this race. As for the special election runoff, there’s nothing to suggest anything unusual, Erica Greider’s weekend daydreams aside.

Beyond that, not a whole lot else to discuss. Jim Murphy’s cash on hand total is one reason why I speculated he might consider a run for Mayor in 2023 if the Lege is no longer amenable to him. Sarah Davis would probably have more cash on hand right now if she hadn’t had to fend off primary challengers in the past. As above, I’m pretty sure she’ll have the funds she needs to run that race. The Dems have some longer shots out there, with HD126 being the most competitive of them, so keep an eye on Natali Hurtado. I’ll be back next time with the State House races from elsewhere in the region.

Where the primary action is

It’s on the Democratic side in Harris County. This should come as a surprise to no one.

The crowded Harris County Democratic primary field reflects a new reality in Houston politics: With the county turning an even darker shade of blue in 2018, many consider the real battle for countywide seats to be the Democratic primaries, leading more candidates to take on incumbent officeholders.

“This is the new political landscape of Harris County. Countywide offices are won and lost in the Democratic Primary,” said Ogg campaign spokesperson Jaime Mercado, who argued that Ogg’s 2016 win “signaled a monumental shift in county politics” and created renewed emphasis on criminal justice reform now championed by other Democratic officials and Ogg’s opponents.

In the March 3 primaries, Ogg, Bennett, Sheriff Ed Gonzalez and County Attorney Vince Ryan — all Democrats — face at least two intra-party opponents each, while Democratic Commissioner Rodney Ellis has a primary challenger in former state district judge Maria Jackson.

Excluding state district and county courts, 10 of 14 Harris County Democratic incumbents have at least one primary foe. In comparison, three of the seven county GOP incumbents — Justice of the Peace Russ Ridgway, Precinct 4 Constable Mark Herman and education department trustee Don Sumners — have drawn primary challengers.

At the state level, Republicans from the Harris County delegation largely have evaded primary opponents better than Democrats. All but three GOP state representatives — Dan Huberty, Briscoe Cain and Dennis Paul — are unopposed.

On the Democratic side, state Sen. Borris Miles and state Reps. Alma Allen, Jarvis Johnson, Senfronia Thompson, Harold Dutton, Shawn Thierry and Garnet Coleman each have primary opponents.

Overall, the 34 Democratic incumbents seeking re-election to federal, state and county seats that cover at least a portion of Harris County — not including state district and county courts — face 43 primary opponents. The 22 Republican incumbents have 10 intra-party challengers.

It should be noted that a few of these races always draw a crowd. Constable Precincts 1, 2, 3, and 6 combined for 22 candidates in 2012, 21 candidates in 2016, and 17 this year. Three of the four countywide incumbents – DA Kim Ogg, Sheriff Ed Gonzalez, and Tax Assessor Ann Harris Bennett – are in their first term, as is County Commissioner Rodney Ellis. There are fewer Republican incumbents to target, so Dem incumbents get to feel the heat. The bigger tell to me is that Republicans didn’t field candidates in nine District Court races. As I’ve said ad nauseum, it’s the judicial races that are the best indicator of partisan strength in a given locale.

The story also notes that the usual ideological holy war in HD134 is on hold this year – Greg Abbott has endorsed Sarah Davis instead of trying to primary her out, and there’s no Joe Straus to kick around. Republicans do have some big races of their own – CD07, CD22, HD26, HD132, HD138, County Commissioner Precinct 3 – but at the countywide level it’s kind of a snoozefest. Honestly, I’d have to look up who most of their candidates are, their names just haven’t registered with me. I can’t wait to see what the finance reports have to say. The basic point here is that we’re in a new normal. I think that’s right, and I think we’ll see more of the same in 2022. Get used to it.

Filing report update

We’re a week out from the official filing deadline for the 2020 primaries. There’s still a lot of known candidates who haven’t filed yet, but I expect there will be a mad flurry of activity this week, as is usually the case. Don’t be surprised if we hear of an out-of-the-blue retirement or two, as that is known to happen at this time as well. I’m going to take a quick look at where we stand now, and will provide other reports as needed before the deadline on Monday. My sources for this are as follows:

The Patrick Svitek spreadsheet.
The Secretary of State Candidate Information page, which is quite handy and reasonably up to date.
Texas Judges, whose provenance is unknown to me, but they have the most information I’ve found about candidates for statewide and Courts of Appeals judicial races.
Jeff Blaylock’s Texas Election Source – I may be too cheap to subscribe, but the free info he includes is always worth noting.

SBOE

We have a third Democrat in the race for SBOE6, Kimberly McLeod. She is Assistant Superintendent of Education & Enrichment at HCDE and a former professor at TSU. She joins former HCDE Board member Debra Kerner (who has filed) and teacher Michelle Palmer (who had not yet filed, at least according to the SOS, as of this weekend).

We have a filing for SBOE5, the most-flippable of the SBOE districts up for election this year, Letti Bresnahan. Google tells me that a person by this name was a Trustee at San Antonio’s Northside ISD (she is not on the Board now). She was elected in 2008, narrowly re-elected in 2012, and I guess didn’t run in 2016; the Bexar County Elections report for May 2016 doesn’t list the NEISD Position 6 race, so who knows what happened. In 2015, she voted to keep the name of San Antonio’s Robert E. Lee High school; it was subsequently changed to Legacy of Education Excellence (LEE) High School in 2017, by which time as far as I can tell she was no longer on the Board. That’s a whole lot more words than I intended to write about her or this race – and mind you, I can’t say for sure this is the same Letti (Leticia) Bresnahan. I noted this because I’ve been keeping an eye on this race – the district was carried by Hillary Clinton in 2016, it was the bluest of the Republican-held SBOE districts in 2018, and the incumbent is a wingnut. So I was gonna write something when a Dem filed, I just didn’t expect it to be this.

State Senate

Someone named Richard Andrews has filed as a Democrat against Sen. Borris Miles. The Svitek spreadsheet has him as a General Election opponent, but his website clearly says “Democrat”, and the SOS has him as a Democrat. He’s a doctor, and that’s all I know about him.

State House

Current SBOE member Lawrence Allen, Jr, who is the son of State Rep. Alma Allen, has filed in the increasingly crowded Democratic primary in HD26. It’s one of the nine GOP-held districts that Beto won in 2018. Rish Oberoi, Suleman Lalani, and 2018 candidate Sarah DeMerchant have also filed.

Travis Boldt has filed in HD29, in Brazoria County. That was one of two near-miss districts (Beto got 47.0%) in which no Dem was on the ballot in 2018; HD32, which does not yet have a candidate filed, was the other.

Sandra Moore, who lost in the 2018 Dem primary to Marty Schexnayder, has filed to run again in HD133.

Ashton Woods has changed the name of his Facebook page to indicate he plans to run in the primary for HD146, currently held by second-term Rep. Shawn Thierry. He has not filed as of this writing.

So far, no one else has filed to run in the primary for HD148, where Anna Eastman is in the runoff for the special election, and has made her filing for 2020.

First Court of Appeals

I hadn’t gotten into the Courts of Appeals in my previous discussions, but especially after the sweep of these races by Dems in 2018 (and not just on this court), they will surely be of interest to multiple candidates.

Veronica Rivas-Molloy, who has officially filed, and Dinesh Singhal are in the race for Place 3 against incumbent Russell Loyd, who was elected in 2014. The Texas Judges website also lists Keith F. Houston as a candidate, but he appears to have decided not to run.

Amparo Guerra and Tim Hootman have both filed for Place 5, which had been held by the now-resigned Laura Carter Higley. There are three Republicans running so far, and there may be another if Greg Abbott appoints someone to fill the still-vacant seat prior to the filing deadline.

14th Court of Appeals

Jane Robinson is the (so far, at least) lone Democrat running for Chief Justice. I saw her at the HCDP Friendsgiving last month but did not have the chance to walk up and say Hi. The position is held by Justice Kem Thompson Frost, who is not running for re-election. Justice Tracy Christopher, who holds Place 9, is running for Chief Justice. She was last elected in 2016, so she would not otherwise be on the ballot. My assumption is that if she wins, she will move over from Place 9, which will make Place 9 vacant, and Abbott will appoint someone who would then run in Christopher’s spot in 2022. If she loses, she’ll remain in her spot and run for re-election (or not, as she sees fit) in 2022.

Wally Kronzer, who has filed, and Cheri Thomas are running for Place 7. Kronzer ran for Place 5 on this court in 2010. Ken Wise, in his first term, is the incumbent.

District courts

I don’t see any primary challengers yet for incumbent Democratic district court judges. I have heard someone is circulating petitions to challenge Judge Alex Smoots-Thomas, which I think we can all understand. I’m not in a position to say anything more than that as yet.

County offices

Audia Jones has officially filed for Harris County DA. Christian Menefee and Vince Ryan have both filed for County Attorney. Michael Moore has filed for County Commissioner in Precinct 3; Kristi Thibaut and Diana Alexander both announced their filings on Facebook over the weekend, but the SOS has not caught up to those filings yet. Bill McLeod, of accidental resignation fame, has filed to win his old seat on County Civil Court at Law #4 back. Incumbent Judge Lesley Briones has not yet filed. We will have a contested primary for at least one of the two HCDE at large positions, as Erica Davis has filed in Position 5; here’s her appointment of treasurer. Andrea Duhon, who had run for a different HCDE position in 2018, has already filed an appointment of treasurer for this race. David Brown is running for the other spot, Position 7, and as far as I know has no Dem opponent as yet.

Now you know what I know. We’ll all know a lot more in a week’s time.

Endorsement watch: A veritable plethora, part 4

Part 1 is here, part 2 is here, part 3 is here, and the full endorsements page is here. I had thought this would finish up all the races of interest for us, but then I decided the Republican races were sufficiently interesting as well, so I’ll do those tomorrow.

CD18: Sheila Jackson Lee

Rep. Sheila Jackson Lee

Sheila Jackson Lee is so deeply entrenched in her congressional seat, knocking her off her throne is pretty close to mission impossible.

She won her post 24 years ago after downtown power brokers — notably Enron CEO Ken Lay — abandoned then-congressman Craig Washington over his opposition to NAFTA and the space station. Since then Jackson Lee has become legendary for her aggressive self-promotion, whether it’s speaking at Michael Jackson’s funeral or planting herself on the aisle before State of the Union speeches to get her picture on television shaking the president’s hand.

But even Democratic politicos who joke about her insatiable appetite for camera time have come to respect Jackson Lee as a hardworking voice for progressive causes. With almost a quarter-century of seniority, she now serves on the House Judiciary, Homeland Security and Budget committees. She likes to brag about her role in securing federal funds for a wide range of needs — from education to veteran services — for constituents in her district.

As you know, I agree. Nothing to see here, let’s move on.

SBOE4: Lawrence Allen

Lawrence Allen, Jr. who was first elected to the board in 2004, has been a principal, assistant principal and teacher across town and is now community liaison at Houston Independent School District. He holds a bachelor’s and two master’s degrees from Prairie View A&M University. As the senior Democrat on the board, Allen, 56, says that he sets the tone for his fellow Democrats about how to approach an issue in a professional way that’s not cantankerous. His collaborative style has been useful in steering this board away from the shores of political controversy and toward fact-based governance.

Since Allen has been on the Board for more than a decade, some could argue that it’s time for a change. However, Allen’s opponent, Steven A. Chambers, is not the person that voters should turn to as his replacement. Chambers, a pastor and educator, told the editorial board that he believes creationism should be taught as an option alongside evolution in Texas schools. After years of struggles with religious fundamentalists, the board has finally started embracing science standards and rejecting dogma. Electing Chambers to the board would risk reigniting this debate and undo the progress made by the board.

This isn’t my district, but I’ll sign on to that. Say No to creationism, always and in every form.

SD15: John Whitmire

Sen. John Whitmire

Long-time State Senator John Whitmire, 68, is facing two talented challengers in the March 6 Democratic primary, but we endorse him for re-election because his experience and political skills will be needed as recovery from Hurricane Harvey continues.

State storm aid has been hard enough to come by even with him in Austin. We can only imagine how it would be without him and his 44 years in the state legislature, the last 35 in the Senate.

He is the dean of that body, has a deep knowledge of how it works and a rare ability in these polarized times to bridge political differences to get things done.

[…]

Of his two opponents, we were particularly impressed by Damian Lacroix, 43, a lawyer who offers a vision of a Texas Democratic Party that fights for its ideals and tries to heighten the contrast with Republicans rather than working behind the scenes for smaller and smaller gains.

“Being a state senator is more than just passing legislation and regulation,” Lacroix told the editorial board. “It is also being able to galvanize people and getting a message out to people, bringing them into the fold.”

There’s something to what LaCroix says, but especially when you’re in the minority you need some of each type. Whitmire’s the best we’ve got at the first type. There are more appealing options elsewhere in the Senate to add to the LaCroix type.

HD147: Garnet Coleman

Rep. Garnet Coleman

After 27 years on the job, state Rep. Garnet F. Coleman, 56, knows his way around the Texas Legislature about as well as anybody there and better than most. He’s a liberal Democrat in a sea of conservative Republicans who manages to get a surprising number of things done.

“Some people know how to kill bills, some people know how to pass bills. I know how to do both,” he told the editorial board.

[…]

Coleman has a long history of working on issues of mental and physical health and of seeking funds for the University of Houston and Texas Southern University, both in his district, which extends from downtown southeast past Hobby Airport.

He also says the state needs a revolving fund like the water development fund that local governments can tap into for flood control projects.

It was an oversight on my part to not include Rep. Coleman on the list of people I endorse. He’s one of the best and he deserves our support.

HD146: Shawn Thierry

Rep. Shawn Thierry

Freshman state Rep. Shawn Nicole Thierry, a 47-year-old attorney, showed a lot of promise in her first session of the Texas Legislature last year as she learned the ropes of being a Democratic legislator in a heavily Republican body.

She was successful enough to get six bills through the House of Representatives — not bad for a rookie legislator — and worked with Republican state Senator Lois Kolkhorst to pass a bill in the special session that extended the Task Force on Maternal Mortality and Morbidity.

The task force, which is studying our state’s Third Worldish maternal mortality rate and what to do about it, was scheduled to end next September, but now will continue until 2023.

Thierry has learned the importance of the personal touch in legislating – it was her letter to Gov. Greg Abbott that convinced him to include the task force issue in the special session.

As noted, Rep. Thierry was selected by precinct chairs as the substitute nominee for HD146 in 2016 after Borris Miles moved up to the Senate to succeed Rodney Ellis. She wasn’t my first choice for the seat – I’d have voted for Erica Lee Carter if I’d been one of the chairs who got to vote – but I agree that she’s done a good job and deserves another term. And with all due respect to her two male opponents, the Lege needs more women, not fewer.

HD142: Harold Dutton

Rep. Harold Dutton

State Rep. Harold V. Dutton, Jr. has served as representative for District 142 since 1985 and we see no compelling reason to lose his seniority and its advantages at a time when Democrats need all the help they can get.

The 73-year-old attorney has been a loyal fighter for his heavily black and Hispanic district that starts in the Fifth Ward and goes east then north to 1960. In last year’s legislative session he authored 106 bills, a big part of them having to do with criminal justice.

He cites improvements to the Fifth Ward’s Hester House community center as his proudest achievement, but he also passed laws that restored the right to vote to ex-felons, effectively stopped red-lining by insurance companies and protected home-buyers from fraud in the use of contracts for deeds. He is involved in efforts to improve struggling district high schools Kashmere, Worthing and Wheatley.

He is also responsible for the state bill under which the Texas Education Agency is threatening to shutter those schools. That might make him vulnerable to a strong challenger.

Rep. Dutton is definitely getting dragged on social media over his authorship of that bill, and also over some nasty remarks he’s directed at Durrel Douglas, who’s been among those fighting to save the mostly black schools that are at risk. His opponent isn’t particularly compelling, but he could be vulnerable going forward. I don’t have a dog in this fight – like most veteran legislators, Dutton has some good and some not-so-good in his record, but his seniority gives him a fair amount of clout. I expect him to win, but this is a race worth watching.

HD139: Jarvis Johnson

Rep. Jarvis Johnson

State Rep. Jarvis Johnson is being challenged by former Lone Star College board chairman Randy Bates in the largely black and Hispanic District 139 on the city’s near northwest side.

He served three terms on the Houston City Council before winning his first term in the Texas House in 2016, succeeding Sylvester Turner who left to run for mayor.

Johnson, 46, is a strong supporter of vocational education, proposes that police officers be required to get psychological exams every two years, holds job fairs in the district and wants to prevent gentrification of historic neighborhoods such as Acres Homes.

Bates, 68, was on the Lone Star board for 21 years, seven of those as chairman, and the main building on its Victory Center campus is named for him. He’s an attorney who heads Bates and Coleman law firm.

He ran for the state seat in 2016 and is running again because he said people in the community complained that Johnson “is not doing enough for our district.”

We have a lot of respect for the work Bates did on the Lone Star board, but he didn’t give us a compelling reason to support him over Johnson.

This is almost certainly the best chance to defeat Rep. Johnson, who doesn’t get the seniority argument that most of the other incumbents listed above have. He didn’t do much as a freshman, but that’s hardly unusual for a member of the minority caucus. I don’t have a strong opinion about this one.

HD27: Wilvin Carter

Four-term incumbent state Rep. Ron Reynolds is running for re-election despite the fact that he may be facing a year in jail for his conviction in 2016 for five cases of misdemeanor barratry, also known as ambulance chasing for his law practice.

He’s being challenged in his Fort Bend district by another lawyer, Wilvin Carter, a former assistant attorney general and Fort Bend County assistant district attorney. The district includes Sienna Plantation, Stafford and most of Missouri City. No Republicans are running for this seat so this Democratic primary essentially serves as the general election for District 27.

[…]

The unfortunate thing about Reynolds is that he is has a strong record for supporting environmental protection and gay rights, but with the possible jail sentence hanging over his head it’s hard to support him. He is a lawmaker who has been convicted of breaking the law, which is a breech of trust. Also, practically speaking, how much can he do for his constituents if he’s behind bars?

Voters should support Carter instead.

Reynolds is good on reproductive choice and a whole host of other issues as well. The Chron has endorsed Reynolds’ opponents in recent years due to his legal troubles and they have been pretty harsh about it, but here they recognize the dilemma. Reynolds’ voting record and personal charm have helped him maintain support, and I would bet on him being re-elected. I continue to hope he will step down and get his life straightened out, but that doesn’t appear to be in the cards.

January 2018 finance reports: Harris County legislative candidates

We’ve looked at Congressional fundraising, now let’s look at some local legislative races.

Fran Watson – SD17
Rita Lucido – SD17
Ahmad Hassan – SD17

Natali Hurtado – HD126
Undrai Fizer – HD126

Gina Calanni – HD132
Carlos Pena – HD132

Marty Schexnayder – HD133
Sandra Moore – HD133

Allison Sawyer – HD134
Lloyd Oliver – HD134

Adam Milasincic – HD138
Jenifer Pool – HD138

Randy Bates – HD139
Jarvis Johnson – HD139

Richard Bonton – HD142
Harold Dutton – HD142

Shawn Thierry – HD146
Roy Owens – HD146
Ricardo Soliz – HD146

Garnet Coleman – HD147
Daniel Espinoza – HD147 – No report found

Here are the totals:


Candidate       Office    Raised      Spent     Loan    On Hand
===============================================================
Watson            SD17    24,212      9,773        0      6,968
Lucido            SD17    10,826      7,456    3,000     10,868
Hassan            SD17       775      1,845        0          0

Hurtado          HD126     2,250        978        0        750
Fizer            HD126       800          0        0        450

Calanni          HD132        10        750        0         10
Pena             HD132         0          0        0          0

Schexnayder      HD133     6,330      3,744        0      3,332
Moore            HD133       650        939        0        362
Other guy        HD133

Sawyer           HD134     7,493     11,160        0     16,355
Oliver           HD134         0        750        0          0

Milasincic       HD138    64,071     11,816        0     54,577
Pool             HD138     1,000        623        0        346

Bates            HD139    39,730     17,720        0     27,178
Johnson          HD139     8,014      8,299   15,174     18,562

Bonton           HD142     3,000     24,203        0      1,538
Dutton           HD142    22,000     48,112        0     61,677

Thierry          HD146    31,200     19,270   20,650     10,629
Owens            HD146         0      4,278        0        550
Soliz            HD146         0          0        0          0

Coleman          HD147    43,433     51,012        0    333,602
Espinoza         HD147

A lot less money here than in the Congressional races, that’s for sure. Some of that is because many of these candidates didn’t get into the race until December. Adam Milasincic, who has raised the most, has also been running for the longest, at least among the candidates in Republican districts. As it happens, thanks to the compressed primary schedule, the 30 day reports are already up – the reports I’ve linked and figures I’ve posted are all January reports, which run through the end of 2017. The 30-day reports cover roughly the five weeks after that. I may add them to the 2018 Legislative page, but I doubt I’ll do another one of these till the July reports are up. Point being, there’s more recent data if you want to find it.

The bottom line is that while we’ve done a great job funding our Congressional challengers, there’s work to be done at this level. As I said, many of our candidates were late getting in, so the picture may be different elsewhere in the state. I’ll repeat my call from the previous post for Congressional candidates who don’t make it to the runoff to consider sharing the wealth down the ballot. Be that as it may, the well is more than deep enough to support all of our standard-bearers. We just need to do it. I’ll have more from other races soon.

The women challenging Democratic men

One more point of interest from The Cut:

And Democratic women aren’t leaving the men of their own party undisturbed. In Minnesota, former FBI analyst Leah Phifer is challenging incumbent Democratic representative Rick Nolan; Sameena Mustafa, a tenant advocate and founder of the comedy troupe Simmer Brown, is primarying Democrat Mike Quigley in Illinois’s Fifth District. And Chelsea Manning, former Army intelligence analyst and whistle-blower, announced recently that she’s going after Ben Cardin, the 74-year-old who has held one of Maryland’s Senate seats for 11 years and served in the House for 20 years before that.

While the vision of women storming the ramparts of government is radical from one vantage point, from others it’s as American as the idea of representative democracy laid out by our forefathers (like Great-great-great-great-grandpa Frelinghuysen!). “Representative citizens coming from all parts of the nation, cobblers and farmers — that was what was intended by the founders,” says Marie Newman, a former small-business owner and anti-bullying advocate who is challenging Illinois Democrat Dan Lipinski in a primary. “You come to the House for a while and bring your ideas and then you probably go back to your life.” Not only has her opponent been in office for 13 years, Newman notes, but his father held the same seat for 20 years before that. “It’s a family that has reigned supreme, like a monarchy, for over 30 years,” she says.

In the wake of Donald Trump’s defeat of Hillary Clinton, Newman and the rest of this girl gang are eyeing the aging cast of men (and a few women) who’ve hogged the political stage forever and trying to replace them. Replacement. It’s an alluring concept, striking fear in the hearts of the guys who’ve been running the place — recall that the white supremacists in Charlottesville this summer chanted “You will not replace us” — and stirring hope in the rest of us that a redistribution of power might be possible.

So naturally that made me wonder about what the situation was in Texas. For Congress, there are eleven Democrats from Texas, nine men and two women. Two men are not running for re-election, and in each case the most likely successor is a woman. Of the seven men running for re-election, only one (Marc Veasey) has a primary opponent, another man. Both female members of Congress have primary opponents – Sheila Jackson Lee has a male challenger, Eddie Bernice Johnson has a man and a woman running against her. That woman is Barbara Mallory Caroway, who is on something like her third campaign against EBJ. Basically, nothing much of interest here.

Where it is interesting is at the legislative level. Here are all the Democratic incumbents who face primary challengers, sorted into appropriate groups.

Women challenging men:

HD31 (Rep. Ryan Guillen) – Ana Lisa Garza
HD100 (Rep. Eric Johnson) – Sandra Crenshaw
HD104 (Rep. Robert Alonzo) – Jessica Gonzalez
HD117 (Rep. Phillip Cortez) – Terisha DeDeaux

Guillen’s opponent Garza is a district court judge. He was one of the Dems who voted for the anti-gay marriage constitutional amendment back in 2005. I’d like to know both of their positions on LGBT equality. Speaking of which, Jessica Gonzalez is among the many LGBT candidates on the ballot this year. Note that Alonzo was on the right side of that vote in 2005, FWIW. Crenshaw appears to be a former member of Dallas City Council who ran for HD110 in 2014. There’s an interesting story to go along with that, which I’ll let you discover on your own. Cortez was first elected in 2012, winning the nomination over a candidate who had been backed by Annie’s List, and he drew some ire from female activists for some of his activity during that campaign. I have no idea how things stand with him today, but I figured I’d mention that bit of backstory.

And elsewhere…

Women challenging women:

HD75 (Rep. Mary Gonzalez) – MarySue Fernath

Men challenging men:

HD27 (Rep. Ron Reynolds) – Wilvin Carter
HD37 (Rep. Rene Oliveira) – Alex Dominguez and Arturo Alonzo
HD41 (Rep. Bobby Guerra) – Michael L. Pinkard, Jr
HD118 (Rep. Tomas Uresti) – Leo Pacheco
HD139 (Rep. Jarvis Johnson) – Randy Bates
HD142 (Rep. Harold Dutton) – Richard Bonton
HD147 (Rep. Garnet Coleman) – Daniel Espinoza

Men challenging women:

HD116 (Rep. Diana Arevalo) – Trey Martinez Fischer
HD124 (Rep. Ina Minjarez) – Robert Escobedo
HD146 (Rep. Shawn Thierry) – Roy Owens

Special case:

HD46 (Rep. Dawnna Dukes) – Five opponents

We know about Reps. Reynolds and Dukes. Bates and Owens represent rematches – Bates was in the 2016 primary, while Owens competed unsuccessfully in the precinct chair process for HD146, then ran as a write-in that November, getting a bit less than 3% of the vote. Alonzo and Bonton look like interesting candidates, but by far the hottest race here is in HD116, where TMF is seeking a return engagement to the Lege, and a lot of his former colleagues are there for him. I imagine things could be a bit awkward if Rep. Arevalo hangs on. Anyway, I don’t know that there are any lessons to be learned from this, I just wanted to document it.

The Harris County slates

Let’s talk about the filings for Harris County. The SOS filings page is still the best source of information, but they don’t provide shareable links, so in the name of ease and convenience I copied the Democratic filing information for Harris County to this spreadsheet. I took out the statewide candidates, and I didn’t include Republicans because they have not updated the SOS office with their slate. Their primary filing site is still the best source for that. So review those and then come back so we can discuss.

Ready? Here we go.

– If there was an announcement I missed it, but HCDE Trustee Erica Lee, in Position 6, Precinct 1, did not file for re-election. Three candidates did file, Danyahel Norris, an attorney and associate director at the Thurgood Marshall School of Law; John F. Miller, who was a candidate for HCDE Chair earlier this year; and Prince Bryant.

– While there are contested races up and down the ballot, there’s one race that is no longer contested. Mike Nichols withdrew his filing for Harris County Judge, leaving Lina Hidalgo as the sole candidate to oppose Judge Ed Emmett next fall.

– The SOS page also shows that Sammy Casados withdrew his filing for County Commissioner. However, his campaign Facebook page makes no such announcement, and there’s no evidence I can find to confirm that. It’s possible this is a mistake on the SOS page. We’ll know soon enough, when the HCDP publishes its official final list. Anyway, the cast for Commissioner in Precinct 2 also includes Adrian Garcia, Daniel Box, Roger Garcia, and Ken Melancon, who was previously a candidate for Constable in Precinct 3 (note that Constable precincts, like Justice of the Peace precincts, do not correspond to Commissioner precincts). Also, there are now two candidates for Commissioner in Precinct 4, Penny Shaw and Jeff Stauber, who was a candidate for Sheriff in 2016.

– All other county races save one are contested. Diane Trautman has two opponents for County Clerk: Gayle Mitchell, who ran for the same office in 2014, losing to Ann Harris Bennett in the primary, and Nat West, who is the SDEC Chair for Senate District 13 and who ran for County Commissioner in Precinct 1 in that weird precinct chair-run election. Two candidates joined Marilyn Burgess and Kevin Howard for District Clerk, Michael Jordan and former Council candidate Rozzy Shorter. Dylan Osborne, Cosme Garcia, and Nile Copeland, who ran for judge as a Dem in 2010, are in for County Treasurer. HCDE Trustee Position 3 At Large has Josh Wallenstein, Elvonte Patton, and Richard Cantu, who may be the same Richard Cantu that ran for HISD Trustee in District I in 2005. Only Andrea Duhon, the candidate for HCDE Trustee for Position 4 in Precinct 3, has a free pass to November.

– I will go through the late filings for legislative offices in a minute, but first you need to know that Lloyd Oliver filed in HD134. Whatever you do, do not vote for Lloyd Oliver. Make sure everyone you know who lives in HD134 knows to vote for Alison Sawyer and not Lloyd Oliver. That is all.

– Now then. SBOE member Lawrence Allen drew an opponent, Steven Chambers, who is a senior manager at HISD. That’s a race worth watching.

– Sen. John Whitmire has two primary opponents, Damien LaCroix, who ran against him in 2014, and Hank Segelke, about whom I know nothing. Rita Lucido, who ran for SD17, threw her hat in the ring to join Fran Watson and Ahmad Hassan.

– Carlos Pena (my google fu fails me on him) joins Gina Calanni for HD132. Ricardo Soliz made HD146 a three-candidate race, against Rep. Shawn Thierry and Roy Owens. There are also three candidates in HD133: Marty Schexnayder, Sandra Moore, and someone you should not vote for under any circumstances. He’s another perennial candidate with lousy views, just like Lloyd Oliver. Wh you should also not vote for under any circumstances.

– The Republican side is boring. Stan Stanart has a primary opponent. Rep. Briscoe Cain no longer does. There’s some drama at the JP level, where Precinct 5 incumbent Jeff Williams faces two challengers. Williams continued to perform weddings after the Obergefell decision, meaning he did (or at least was willing to do) same sex weddings as well. You do the math. Unfortunately, there’s no Democrat in this race – it’s one of the few that went unfilled. There was a Dem who filed, but for reasons unknown to me the filing was rejected. Alas.

I’ll have more in subsequent posts. Here’s a Chron story from Monday, and Campos has more.

UPDATE: Two people have confirmed to me that Sammy Casados has withdrawn from the Commissioners Court race.

Filing news: Lupe Valdez is in for Governor

Here she comes.

Sheriff Lupe Valdez

Dallas County Sheriff Lupe Valdez announced Wednesday morning that she is running for governor, giving Texas Democrats a serious candidate for the top job with five days until the candidate filing deadline for the 2018 primaries.

“Like so many hardworking Texans, I know it’s tough deciding between buying food, finding a decent place to live, and setting aside money for college tuition,” Valdez said in a statement before filing at the Texas Democratic Party headquarters in Austin. “Opportunity in Texas ought to be as big as this great state, but it is out of reach for far too many, that’s why I’m running for Texas Governor. I’m a proud Texas Democrat. I believe good government can make people’s lives better, and I intend to do just that.”

Until Wednesday, six little-known Democrats had filed to challenge Republican Gov. Greg Abbott, who is seeking a second term in 2018. Andrew White, the son of late Gov. Mark White, has been exploring a run for weeks and is set to announce his campaign Thursday in Houston.

Any Democrat running for governor faces a steep climb against Abbott, who easily defeated the party’s 2014 nominee, Wendy Davis, and has built a $40 million-plus war chest for re-election. Texas has not elected a Democrat to statewide office in over two decades.

Speaking with reporters after filing, Valdez said she was undaunted by the challenge, particularly when it comes to fundraising.

“I think we’re going to raise whatever money’s necessary. I don’t believe that we need 40, 60, 90, bazillion dollars,” Valdez said. “Abbott may have the money — we’re going to have the people.”

The Trib has video of Sheriff Valdez’s announcement here. As you know, she was said to be in, then confusion reigned, and after that settled down it was assumed that she was in fact in, and so here we are. I think it’s reasonable to tamp expectations down a bit about how much money one can raise – no one is going to out-money Greg Abbott unless they have their own nine-figure checkbook to play with – but people power hasn’t gotten us very far, either. Valdez, if she wins the primary (more on that in a minute), ought to draw a lot of earned media and should gin up a fair amount of excitement, both of which in turn should help her bring in some cash so she can establish name ID. Of course, all these things were also true of Wendy Davis at this time in 2013, so. We have a lot of evidence to suggest that this year is different in ways that benefit Democrats, but certain fundamental rules still apply.

Speaking of that primary:

With less than a week left in the filing period, six little-known Democrats have filed to challenge Republican Gov. Greg Abbott next year, with two more prominent names expected to enter the race by the Monday deadline: Dallas County Sheriff Lupe Valdez and Andrew White, the son of late Gov. Mark White. An eight-way primary could be the party’s most crowded nominating contest for governor since at least the 1980s.

While Valdez — the only current elected official among the eight candidates — would immediately secure frontrunner status if she runs, she faces no guarantee of the kind of cakewalk to her party’s nomination that former state Sen. Wendy Davis enjoyed in 2014. White, who is set to announce his campaign Thursday in Houston, has been laying the groundwork for a serious bid, while some of the other contenders have been campaigning for months.

“I think that if Sheriff Valdez runs and if Mr. White also announces, then I think that the two of them would likely be the higher-profile candidates in the primary, and I think that voters in the Democratic primary in 2018 will have a lot of choices,” said state Rep. Chris Turner, the Grand Prairie Democrat who chairs the party’s caucus in the House and served as Davis’ campaign manager. “I think that dynamic is good and hopefully makes for an interesting choice and conversations for Democrats in 2018 in the primary.”

“I expect we’ll have a competitive primary, and I think that’s a good thing — it’s healthy,” added Ed Espinoza, the executive director of Progress Texas, a liberal advocacy group.

I agree with that, and I look forward to it. I’m working on a post about the huge volume of contested primaries up and down the ballot, and I think this will help shape the narrative to start out the 2018 election. That said, Dems don’t have candidates for Comptroller and Land Commissioner as I write this, and the thought occurs to me that we could reasonably repurpose a couple of the candidates in this race for better use elsewhere. Andrew White would make a fine candidate for Comptroller, where his more conservative social views won’t really matter but his business background should be a plus. And if I could pick one person from this crop to spend the next year haranguing silver spoon lightweight George P. Bush, it would be Tom Wakely. Neither of these will happen, of course, and both gentlemen could no doubt give me many reasons why this is all wrong. Get me decent candidates for Comptroller and Land Commissioner and I promise to forget I ever brought this up. For more on the Valdez announcement, see WFAA, the Current, the Trib again, Burkablog, and the Chron.

Elsewhere, there were a couple of Congressional announcements as Chip Roy, a former chief of staff to Ted Cruz, announced his candidacy for CD21, and longtime WFAA reporter Brett Shipp entered the fray in CD32, running as a Dem, bumping the total number of candidates there to six.

There were no major announcements in Harris County, but as has been the case every day there has been a lot of activity on the Democratic side. While the HCDP has not been publishing a running list of candidates for all offices, it has been updating this list of judicial candidates. It’s a bit oddly sorted, but you can at least get a feel for who’s running for what. By my count, in the district, county, and appeals courts – i.e., everything but the JP courts – there are 19 competitive primaries so far.

In other races, Alison Sawyer officially filed in HD134, leaving HD135 as the only box that really needs to be checked. There are now contested primaries in HDs 126 (Natali Hurtado and Undrai Fizer), 133 (Martin Schexnayder, Sandra Moore, and the candidate whose name I won’t mention, for whom you most emphatically should not vote), 138 (Adam Milasincic and Jenifer Pool), 139 (Rep. Jarvis Johnson and Randy Bates), 140 (Rep. Armando Walle and Matthew Mendez), 146 (Rep. Shawn Thierry and Roy Owen), and 147 (Rep. Garnet Coleman and Daniel Espinoza). At the county level, the HCDE At Large Position 3 race is now contested as well, as Elvonte Patton joins Josh Wallenstein. Let’s just say that endorsing organizations are going to have their hands very, very full.

Maternal mortality bills pass the House

Good.

House lawmakers tentatively approved a series of bills Monday aimed at helping Texas curb its unusually high rate of women dying less than a year after childbirth.

The primary measure, House Bill 9, would direct the state’s Task Force on Maternal Mortality and Morbidity to continue studying pregnancy complications and maternal deaths until 2023. Last year, a study in the medical journal Obstetrics and Gynecology revealed that Texas’ maternal mortality rate had nearly doubled between 2010 and 2014. State task force data shows that between 2011 and 2012, 189 Texas mothers died less than a year after giving birth, mostly from heart disease, drug overdoses and high blood pressure.

State Rep. Cindy Burkett, R-Sunnyvale and the bill’s author, said giving the task force more time to make recommendations on how to prevent those types of health issues in pregnant women and new moms would help save lives and lower costs Medicaid, the joint federal-state health insurance programs for the poor and disabled.

“As in many things, prevention is better and often cheaper,” Burkett said.

HB 9 charges task force members with finding solutions to help Texas women struggling with postpartum depression; looking at what other states are doing on maternal care; and examining health disparities and socioeconomic status among mothers dying in Texas. The measure still needs one more House vote.

The Senate passed a similar bill on July 24. Both chambers will likely head into conference committee to reconcile the two measures.

See here and here for some background. Please note that the reason that this item is on the special session agenda is because bills like these were snuffed out at the end of the regular session as a result of stalling tactics by the House Freedom Caucus, whose pique at being treated meanly by Speaker Straus overrode their ever-present concern for unborn babies. I’m sure we can all appreciate the sacrifice they had to make.

Once more on HD146

Christopher Hooks from the Observer was at Saturday’s festivities, and he files his report.

Shawn Thierry

Shawn Thierry

And on Saturday, 24 precinct chairs met in a small room full of folding chairs at the Sunnyside Multi-Service Center in south Houston to pick Miles’ replacement. They adjudicated a fierce contest between [Shawn] Thierry and Erica Lee Carter, member of the Harris County Board of Education and, more importantly, daughter of longtime Houston congresswoman Sheila Jackson Lee.

Most years see no races resolved this way in Houston, but this year, there have been five such elections, including two minor judicial races. The campaigns to win them are very unusual. With the public completely out of the picture, candidates focus herculean efforts on pleasing the personal whims of precinct chairs, minor party functionaries who ordinarily have very little say in anything. And because Democratic nominees are essentially guaranteed a win in November in the five races so far resolved, and because incumbents can last a long time, this summer’s votes may be the last contested election Ellis, Miles and Thierry ever face.

[…]

Finally, the vote. In the first round of ballots, Blackmon took one chair, leaving Thierry with 12 and Lee Carter with 11. The lone Blackmon supporter, Craig Holtzclaw, would have to re-vote in the second round and act as a potential tiebreaker.

Bizarrely, committees like this are so rarely formed that party laws don’t really have any guidance about what to do in the event of a tied vote, apart from running the vote over and over again. If Holtzclaw had voted for Lee Carter in the second round, things could have gotten messy.

But he picked Thierry, who will now be heading to Austin soon with a sweeping mandate of two votes. Lee Carter’s dejected supporters left the room, and Thierry’s gathered to pray together, thanking God for the guidance he had shown members of the Harris County Democratic Party.

Afterwards, I talked to Holtzclaw, the tiebreaker, who said he had taken his responsibility seriously, talking to all three candidates for more than an hour apiece. “This is a unique opportunity to practice republican deliberation — as in, a real republic,” he said. During the interrogations, he had asked them to recount their personal stories, their accomplishments, dreams and hopes, “and then I gave them a long sermon on what I believe,” and measured their beliefs to his.

Holtzclaw made a decent case for what seems on the surface like a foolish system. He held, it turned out, the fate of House District 146 in his hands, and might have just selected its representation in Austin for many years. And he had done his homework.

But what is it Holtzclaw believes, exactly? “I am a LaRouche Democrat,” he said, as in yet another acolyte of the infamous semi-cult leader who thinks Obama is Hitler, has argued that the Queen of England controls the global drug trade, and who wants to colonize space. Ah.

Holtzclaw said he had voted for the candidates who communicated to him that they were willing to take elements of the LaRouche platform to Austin, namely, telling all those tea-party Texas Republicans that we need “big government investment in infrastructure.” That’s what LaRouche calls “the science of physical economy.”

Blackmon and Thierry, he said, had seemed to embrace that line more than Lee Carter. And that’s why she lost, in part.

See here for my writeup from Sunday. Let me start by noting that the same provision of electoral law cited by Gerry Birnberg to settle the tie for convention chair would have applied in the event of a tie between Thierry and Carter as well, which is to say that the winner would have been determined by a coin toss. Roll your eyes if you want, but it’s there in the law, and if you can think of a fairer way of resolving an electoral tie than that, I’m all ears.

Hooks’ article got shared around quite a bit yesterday, with no small amount of snarky commentary from people whom I did not see at any of these precinct chair meetings, all with something pithy to say about “turnout” and “process”. Let me point out that 24 out of 26 precinct chairs in attendance represents 92% turnout, which I’m pretty sure would beat any other election in recent memory you’d care to find. It beats the pants off of the usual turnout levels for special elections and their runoffs, which often struggle to break into double digits, and which draw the same kind of disdainful remarks about apathy and disengagement and so on and so forth. We get it already. At least the precinct chairs bothered to show up.

And though I used similar language in my own report, I don’t care for the framing that this one chair picked the next Representative. He put Shawn Thierry over the top, but she’d gotten to the top without him. Everybody else’s vote meant as much to her election, his just happened to be the last one counted.

Finally, as far as who will or won’t face competitive races going forward, I tend to agree that Rodney Ellis won’t see too many as Commissioner. Which is to say, he won’t face any more than El Franco Lee did, or that Ellis himself did as Senator. Borris Miles won’t face the voters again till 2020, and I feel confident saying that people will be watching him, to see if he can harness his considerable talents and keep his demons under control. The answers to those questions will determine whether he can coast next time or not. As for Thierry, I’ll say again that I fully expect her to be challenged in 2018. There’s no shortage of politicos in that district, and the obscure path she took to win the seat this time means that she hasn’t faced a true test there yet. I will be surprised if she gets to skate in two years.

Thierry wins HD146 nomination

Our long strange trip is finally over.

Shawn Thierry

Shawn Thierry

Democratic party precinct chairs chose their replacement Saturday morning for a vacant spot on the party’s November ballot. Attorney Shawn Thierry secured the nomination for House District 146, a seat left empty after a series of changes following the death of former Harris County Commissioner El Franco Lee.

After Sen. Rodney Ellis was chosen to replace Lee as the Democratic nominee for Precinct 1 commissioner, Rep. Boris Miles was tapped to fill Ellis’ legislative seat. This took Miles off the ballot for the District 146 seat, opening up the nomination.

Thierry, 47, edged out candidates Erica Lee Carter, a Harris County Board of Education trustee and daughter of U.S. Rep. Sheila Jackson Lee, and Larry Blackmon, a former educator and City Council candidate.

After one round of voting by raising hands, Thierry had 12 votes, Carter had 11 and Blackmon 1. This led to an immediate runoff between Thierry and Carter, with a request for a change of voting procedure. Instead of raising hands, precinct chairs stood in line next to their candidate of choice. This time, Thierry beat Carter by two votes.

I was there for this as promised, and there were sizable contingents for Thierry and Carter, the latter of which included her mother, Rep. Sheila Jackson Lee. Blackmon was the only other candidate present, at least as far as I know. If Valencia Williams was present, no one pointed her out to me, and as for James Donatto, I am told he had not lived in the district long enough to be eligible.

A sense for how things would be came during the vote to select a presiding chair for the convention. There were two nominees for Chair, Jill Moffitt and Priscilla Bloomquist. The vote to decide who would serve as Chair ended in a dead tie, 12 to 12. Gerry Birnberg, serving as Parliamentarian, then informed the room that per state election law, in the event of a tie the winner would be determined by the candidates “casting lots”. Which is to say, HCDP Chair Lane Lewis flipped a coin. Moffitt, as the first person nominated, called “Heads”. It came up Tails, so Bloomquist took over as Chair.

After getting the positions of Secretary, Parliamentarian, and Timekeeper settled, the three candidates were nominated – Thierry, Carter, and Blackmon, in that order. Each was given three minutes to speak (which they had agreed to beforehand), going in alphabetical order. Blackmon spoke of his service on various City committees, and of the need for a “medical corridor” in the district. Carter, who currently serves as HCDE Trustee from Precinct 1, emphasized that she already had experience fighting for the district and against the Tea Party; she specifically called out Sen. Paul Bettencourt and Rep. Debbie Riddle for trying to kill the HCDE and the services it provides. She also mentioned other priorities for the district, including health care and improving neighborhoods. Thierry touched on most of the same points as Carter while stressing her ties to the district, citing the schools in HD146 that she had attended. The Chron story says that among other things she said she plans to “focus on school vouchers”, which has to be in error; for one, I don’t remember her saying that word, and for two, she’d have been booed out of the room if she had. She did exceed her three minuts allotment by quite a bit, and more or less had the microphone taken from her by Chair Bloomquist.

The vote went as noted in the story, with Birnberg informing us that for these purposes, having exactly half the votes does not constitute a majority. What that meant in practice was that the deciding vote in the runoff was cast by the one precinct chair who had nominated and in the first round voted for Larry Blackmon. Had he gone over to Carter’s side, we’d have had another coin flip. But he didn’t, so Thierry got her majority. For what it’s worth, according to some of the people I spoke to, at least two of the three precinct chairs who were not in attendance (one was reportedly in the hospital, and the other at the hospital with her husband) had been in Carter’s camp. If just those two had shown up, it would have been 13-12-1 in the first round, with that same chair then forcing the coin toss he’d helped us avoid in these circumstances. As they say, you can’t make this stuff up.

So the summer of the precinct chair comes to a close. My congratulations to Shawn Thierry for the victory – I wish you all the best in Austin. As I said about HD139 after the lackluster turnout in the runoff for now-Rep. Jarvis Johnson, I will not be surprised if there is a lively primary in HD146 in two years. Heck, there have been lively primaries in HD146 nearly every cycle since 2006, so why should 2018 be an exception? But this November is between now and then, and that’s what really matters. The Trib and BOR have more.

HD146 nomination process is today

You know the drill.

Borris Miles

Borris Miles

Twenty-seven southwest Houston precinct chairs are set to tap a replacement for Democratic state Rep. Borris Miles on Saturday, the third time in less than two months many of them have convened to fill a hole on the party’s November ballot for non-judicial seats.

The vacancy is the latest result of former Harris County Commissioner El Franco Lee’s death in January, which set off a chain of openings. Precinct chairs in June selected state Sen. Rodney Ellis to replace Lee as the Democratic nominee for Precinct 1 commissioner, and they later chose Miles to fill Ellis’ legislative seat.

At least four candidates are running to represent Miles’ district of more than 175,000, which stretches from Sharpstown to Sunnyside.

Harris County Board of Education Trustee Erica Lee Carter and attorney Shawn Theirry are seen as frontrunners, with former City Council candidate Larry Blackmon and activist Valencia Williams also seeking the Democratic nod for District 146.

[…]

Precinct chair Tiffany Hogue, of Brays Oaks, discussed the challenge of trying to represent the views of her constituents, as well as the opinions of those in surrounding areas who do not have a precinct chair.

“A process that people never expected to use has been used three times in the course of a month and a half,” referring to the Democratic Party meetings to replace Lee, Ellis and Miles.

“We’ve definitely seen some of the pros and cons of filling vacancies on ballots this way.”

See here for the background. As this is now the second sequel to the process to replace El Franco Lee on the ballot, there have been plenty of complaints about how we go about doing it. I don’t have a whole lot of patience for the complaints – everyone is welcome to address them to their legislators, along with their proposed alternative method – but it has been strange, and it has consumed a whole lot of time and energy.

The good news is that this was a particularly singular set of circumstances, whose like we will probably never see again. For that matter, I couldn’t tell you when this process was last used to fill a vacancy for something other than a newly-created office. The Republicans almost went through it back in 2006 when Tom DeLay tried to declare himself “ineligible” to run for re-election. He was later ruled to have withdrawn and could not be replaced, but until a final ruling came in there was candidate activity by various interested parties (then-State Rep. Bob Talton was considered the frontrunner) prior to what would have been the selection. Before that, I have no idea when this was last done. Anyone out there recall a previous instance?

Anyway. As before, you’re only actually running for this if someone nominates you, and for a 27-voter universe the old saw about every vote counting has never been more accurate. Erica Lee Carter, whom the Chron endorsed on Wednesday, would seem to be the favorite, but we won’t know till it’s over. I’ll have a report tomorrow.

Endorsement watch: Carter in HD146

The Chron makes their choice for the last of the nominations to be filled by Democratic precinct chairs.

Erica Lee

Erica Lee Carter

The contest to replace state Rep. Borris Miles isn’t exactly a fair fight. Erica Lee Carter, daughter of U.S. Rep. Sheila Jackson Lee, just has to win a majority of 27 precinct chairs in Saturday’s contest to become the uncontested Democratic candidate for state House District 146.

We’d be surprised if she didn’t get them. Carter, 36, had a campaign ready to go from the moment precinct chairs elevated Miles from unopposed state House candidate to unopposed state Senate candidate.

Luckily for the voters who live in the wriggling gerrymandered South Houston district, which stretches from Sunnyside to the Sharpstown area, Lee has a clear vision of what she can accomplish in Austin.

A first-term member of the Board of Trustees for the Harris County Department of Education and former elementary school teacher, Carter said during a candidate meeting with the Chronicle editorial board that she holds the traditional Democratic positions of supporting LGBT rights and opposing both open-carry and campus carry. She also wanted to focus on improving education and expanding job skills training.

[…]

Among all the candidates who met with the Chronicle editorial board, Carter had the deepest understanding of how a state legislator can help her constituents. It may be an unfair advantage, given that she comes from a political family, but it is one that will benefit the people of Houston.

We were also impressed with Shawn Thierry, 46, an experienced trial attorney and passionate advocate who just missed being the Democrats’ choice for the newly created 507th family District Court. The other candidates are Rashad Cave, a motivational speaker; Valencia Williams, a local activist; and Larry Blackmon, a former candidate for City Council.

See here for more on the HD146 process, which will happen this Saturday at 10 AM at the Sunnyside Multi-Service Center. As with the others, I intend to be there and to write about what happens. The list of candidates the Chron provides for HD146 does not include James Donatto; I’d heard elsewhere that he was no longer running, but have no information as to what may have changed. As for Erica Lee Carter, she was endorsed early on by Annie’s List; the Houston GLBT Political Caucus announced an intent to endorse in the race, but if they followed through I can’t find it. I agree with the Chron that she and Thierry are the top two candidates in this race.

HD146 nomination process to take place on August 6

Mark your calendars.

Borris Miles

Rep. Borris Miles

Last Saturday, State Rep. Borris Miles secured the Democratic nomination to replace Senator Rodney Ellis for Senate District 13. As a result, Rep. Miles will have to vacate his seat in House District 146. Precinct chairs will convene again to select a replacement nominee for House District 146.

The replacement process will take place at the House District 146 Executive Committee Meeting on Saturday, August 6, 2016 at 10 AM. The event is open to the public, however only precinct chairs that reside in the district are allowed to nominate.

House District 146 Executive Committee Meeting
Sunnyside Multi-Service Center (map)
August 6, 2016
10:00 AM-12 PM
9314 Cullen Blvd
Houston, TX 77051

Nominations will be accepted from and voted on by the precinct chairs in attendance at the August 6th meeting. The replacement candidate does not have to register or announce a candidacy; there is no legal filing process. However, any individuals interested in the vacancy are encouraged to contact the Harris County Democratic Party Headquarters to complete an Unofficial Declaration of Interest Form.

This form helps HCDP keep track of all interested candidates and brings some organization to the process. Candidates listed below have either given written notice or expressed interest in the HD 146 seat. There may be other individuals interested in running. Here are the potential candidates:

1. Erica Lee Carter

2. Larry Blackmon

3. Valencia L. Williams

4. Rashad L. Cave

5. Shawn Thierry

6. James Donatto

I should be able to make it to this. Here’s what I can tell you about the candidates:

Erica Lee Carter is the HCDE Trustee in Precinct 1, elected in 2012. Here’s the interview I did with her for that primary. If she wins the nomination and is subsequently elected in November, the HCDE Board would select a new member to fill her seat until her term would be up at the end of 2018. And yes, if you didn’t know, Carter is the daughter of US Rep. Sheila Jackson Lee.

Larry Blackmon has been a candidate for City Council a few times, most recently in 2015 for At Large #4. I have not done any interviews with him, but there are a couple of links to Q&As he did elsewhere on my Election 2015 page.

– Valencia L. Williams – I got nothing.

Rashad Cave – Per his bio, Cave is a “Motivational Speaker, businessman, entrepreneur, and father”.

Shawn Thierry was the runnerup for the 507th Family District Court; her Q&A for that is here. She was supported by the Mostyns during her run for the 507th; we’ll see if that translates to this election.

James Donatto II is as noted before a board member of the Greater Houston Black Chamber, and his father is a committee chair on the Houston Southeast Management District.

There are not a lot of precinct chairs in HD146 – I believe the number I heard at the SD13 event was 27 – so to say the least this will be a tight process. If you have anything to add about any of these candidates, please leave a comment.

Miles wins SD13 nomination

Borris Miles

Rep. Borris Miles

And so we gathered again to pick a nominee to fill an open slot on the ballot, though at least this time the “we” who did the actual picking did not include me. I went to observe, say Hi, gather intelligence, and just generally enjoy the process. if you didn’t know anything about that process and you assumed this was an open election, you would have expected Rep. Senfronia Thompson to do very well, as she had the most T-shirt-clad (and most vocal) supporters present. Nearly all of those people were in the spectators’ section, however – the distribution of people wearing yellow Thompson shirts and people wearing white Borris Miles shirts was much more even among the precinct chairs. Ronald Green and James Joseph were also in attendance, but neither had supporters of that easily identifiable visibility.

The process officially started at around 11 AM, an hour after the announced time, to allow straggling precinct chairs to arrive and participate. A total of 84 chairs, out of 96 total, were in attendance. A woman I did not recognize but was told was from Fort Bend was the temporary chair (appointed, I presume, by TDP Chair Gilbert Hinojosa, who was also present) who called the meeting to order and after an invocation and the Pledge of Allegiance, asked for nominations for a presiding chair to replace her. Nat West, past candidate for Commissioners Court, was nominated and approved unanimously. A secretary whose name I did not catch was also nominated and approved unanimously. Between this and the lack of any parliamentary maneuvers, we were well on your way towards a smoother and quicker resolution than last time.

Four candidates were nominated – Thompson, Miles, Green, and Joseph. Each was given three minutes to speak, which they had agreed upon beforehand, with straws drawn to determine speaking order. Thompson emphasized her experience, accomplishments, and relationships, while dismissing concerns about losing her seniority in the House (“that wasn’t an issue with Sen. Ellis leaving for Commissioners Court”) and age (“take that up with God, who has blessed me with good health”). Joseph, who had the toughest act to follow, rhymed his surname James with “change”. Three times. Miles played up his connections to the district, including the Fort Bend part of it, which he characterized as being neglected, as well as his more combative style. Green talked about his time in city office and more or less explicitly placed himself between Thompson’s “walk from one chamber to another” experience and Miles’ “sharp elbows”.

As with the other nomination processes, voting was done by standing division of the house, and it was quickly clear that Miles had the advantage. A cheer erupted from his batch of precinct chairs as they reached the majority point. In the end, Miles had 49 votes to Thompson’s 30 and Green’s 3; either one chair didn’t vote or the true count was 83 and not 84. As it became obvious what was happening, Thompson and Green walked across the room from their supporters’ areas to congratulate and embrace Miles; the final count was announced shortly thereafter.

Here’s the Trib story on the vote. As the sun rises in the east and the mercury rises in the summer, so began the next race, to fill MIles’ slot on the ballot for HD146. The candidates who had supporters and some form of campaign materials present included HDCE Trustee Erica Lee Carter, former judicial candidate Shawn Thierry, Greater Houston Black Chamber board member James Donatto II, whose father is a committee chair on the Houston Southeast Management District, and Rashad Cave, about whom I know nothing. There may be others, which ought to make for an interesting vote given that there are 27 total precinct chairs in HD146. That process may not take place for four weeks, on August 12, due to the DNC convention overlapping the August 5 weekend. I don’t have official word on that just yet, so don’t go marking your calendars till someone makes a formal announcement. In the meantime, congratulations to presumptive Sen. Borris Miles, and best of luck to everyone lining up in HD146.

UPDATE: Here’s the Chron story on the SD13 nomination process.

Maldonado and Jordan win court nominations

Last night at the quarterly Harris County Democratic Party County Executive Committee meeting, HCDP precinct chairs selected the nominees for the two newly-created judicial positions. It was a long meeting – it took some time to sign all the precinct chairs in, and there was some normal business to conduct before we got to the voting – but it was a civil process, with no challenges to the way it was conducted.

For the 507th Family District Court, the six candidates that I have been writing about here were all duly nominated and seconded, with no other candidates showing up at the last minute. Each had two minutes to speak, then we voted, using division of the house as we eventually did this past Saturday. This took the longest amount of time, as there were a lot of people moving around and a lot of noses to count, but in the end the top two candidates were Shawn Thierry and Julia Maldonado. After those totals were agreed upon, the voters for the other candidates had the opportunity to join one of those two remaining groups. Maldonado wound up collecting the bulk of the other candidates’ supporters, and won the runoff by the margin of 123 to 115.

The County Criminal Court at Law #16 process was much quicker, as there were only three candidates and it was easier dividing the room into discrete groupings. Darrell Jordan and Raul Rodriguez were the leaders, and after David Singer’s supporters made their second choice, Jordan maintained his lead and won the nomination.

I voted for Maldonado in both rounds for the 507th, and for Singer followed by Rodriguez in the 16th. Both were tough choices, and I didn’t really settle on whom to support until I was there. I was happy with all of the candidates, and they each acquitted themselves well in their brief speeches. Congratulations to Maldonado and Jordan for coming out on top.

There was a lot of energy in the room, and even as we all left, I got the sense that people were still basically happy, whether their candidates had won or not. It’s a good feeling going forward.

Next up: Judicial nominations

vote-button

With the nomination for Commissioners Court settled, all that’s left for me to do as Precinct Chair is participate in the process to select nominees for the two new courts, the 507th Family District Court and the County Criminal Court at Law #16. As a reminder, here are the new and revisited Q&A’s I published over the last two weeks for the candidates in these races:

507th Family District Court

Jim Evans
Julia Maldonado
Sandra Peake
Chip Wells
Germaine Tanner
Shawn Thierry

County Criminal Court at Law #16

David Singer
Darrell Jordan
Raul Rodriguez

Maldonado, Wells, Thierry, Singer, and Rodriguez were all there on Saturday as candidates. Peake was there as a precinct chair. I don’t know if she voted for a Commissioners Court candidate or not; she had previously sent out an email saying she would abstain from voting, due to her status as a candidate for the 507th. That message led to an email from another chair who called on her to resign from the race in the 507th on the grounds that she had violated the Texas Code of Judicial Conduct by having been listed as one of Rodney Ellis’ supporters prior to the Saturday meeting. Her name is still on that list, so she may have some questions to answer.

There apparently remains some bad blood between Peake and Maldonado stemming from the 2014 primary in which they both competed for the nomination for the 246th Family Court (Peake eventually won the primary by a 51-49 margin). Maldonado filed a complaint against Peake prior to the election alleging that she had an insufficient number of petition signatures. Greg Enos highlighted some of the testimony from the hearing, in which Maldonado ultimately failed to receive injunctive relief. An anonymous (of course) mailer last week brought all of this up, including the same testimony that Enos flagged. I have no idea if this was intended as a hit piece on Maldonado or on Peake because it was anonymous (duh!) and because I barely glanced at it, awash as I was with Precinct 1 mail at the time.

That and the argument about statistics and qualifications have been the main points of contention in this race. Maldonado, Tanner, and Thierry have been the most active in sending email to precinct chairs, with Maldonado and Tanner being the most vocal about qualifications. Chip Wells and Sandra Peake have been much more quiet, and Jim Evans has been basically invisible. I bring this up mostly to note that the lesson everyone should have learned from Saturday is that no one is actually a candidate for any of these positions unless they know for a fact that at least one precinct chair intends to nominate them for the position. My advice to all nine candidates – the 16th Criminal Court at Law race has been far more sedate – is to make sure you have a commitment from a precinct chair for that.

Judicial Q&A revisited: Shawn Thierry

As you know, in addition to selecting a Democratic nominee for County Commissioners Court in Precinct 1, precinct chairs everywhere in Harris County will get to select two judicial nominees, for newly-created courts. There are six people who have expressed an interest in the new 507th Family District Court. Five of them have submitted judicial Q&As to me for prior candidacies; the sixth will send in responses separately. I had considered soliciting new Q&A responses from the candidates that I knew about, but ultimately decided that there was not likely to be much difference in the responses, so I’m going with reruns from those past candidacies.

Shawn Thierry was a candidate for the 157th Civil District Court in 2010. She submitted Q&A responses for that election, but at her request I am publishing new answers for this process.

Shawn Thierry

Shawn Thierry

1. What is your name?

My name is Shawn Nicole Thierry. I am a native Texan; I grew up in the Fondren Southwest Community of Houston, and am the proud mother of a three year old daughter, Klaire Bijou.

2. Why are you seeking the nomination for this bench?

I am running for Judge of the 507th Family District Court because it has become clear to me that a change is very much needed in the family courts. Family dynamics have changed tremendously over the past decade. Divorce is more common; however our judges now also need additional skill sets to properly resolve contemporary family issues. I have witnessed, and am still seeing, a serious lack of awareness in contemporary family dynamics from both the lawyers and the judges. For example, Texas judges are hearing cases of first impression due to same sex marriages and parenting agreements, home-school vs public education battles, blended family disputes, and much more. In fact, advancements in the area of assisted reproduction technology are rapidly evolving and often the science is ahead of the law. I want to to bring balance to the bench. I will do this in two ways. First, I will handle the traditional cases with a greater empathy and more attention to the final outcome so that the results will make sense under the law and also in practical, every day life. Secondly, I will approach the more innovative cases with a modern understanding for our modern families.

Another issue I will address and correct is inefficiency. There are unnecessary delays on the dockets that result in exorbitant costs and fees for the families seeking relief from the courts. I have a plan to streamline the lengthy pre-trial process by cutting down case re-sets. I would implement a new “30 Minute Time Out Zone” policy. Often times the lawyers have not had much time to prepare before coming to family court. Instead of automatically re-setting the matter, I would instruct the attorneys to sit down together (right then and there) to work through some of the less contentious issues instead of asking for more time to go back to their offices to draft lengthy letters or exchanging back and forth voicemails. During the “Time Out Zone”, I would hear other docket matters to keep the docket moving. Afterwards, the lawyers would inform the court of the progress they have made and we would proceed accordingly. This will allow families in my courtroom to get the best use of their lawyers’ time and professionalism and cut down on the number of times a parent or spouse would have to take time off of their job and miss work. My goal in this regard is to prevent repetitive court appearance and minimize expenses for families who are already in crisis. My overall mission is to create a completely new atmosphere in the courtroom where the lawyers, the clients, and the judge will truly work together to create smart solutions for real-life problems. It’s time to change the old “one size fits all” approach to family law because it is no longer effective or realistic.

3. What are your qualifications for this job?

I have been an attorney for 20 years. During that time, I have successfully handled a large portfolio of civil cases involving victims of injuries, product liability, medical malpractice, complex business litigation, wills and estate planning, and also handled specialized cases involving municipal and family law. Over the years, my personal preference has been to recover my fees from the opposing side or the wrongdoer, but this is not always possible in family law. As such, I have been very selective and have chosen to take on special divorces or the more compelling suits affecting parent child relationship (SAPCR) or whereby a client needed a lawyer who could give their case specialized attention. I have also handled divorces involving financial disputes over community property versus separate property, suits for enforcement and access to a child, name changes and modifications, termination of parental right cases, cases involving the need for appointment of guardian ad litems, and amicus attorneys.

However, it was in 2015, that I had a life-changing experience. Specifically, I was sought out to take on a very controversial family law case which was covered by the media and it stands the chance to make case law history. The case is still active (filed in Fort Bend) and I am presently providing instruction to the judge on a complex divorce between a Texas couple. I have argued legal issues and facts including the domestic violence statutory exception to set aside a mediation settlement agreement, a termination of parental rights affidavit involving a sperm donor husband, a wife whom was unable to biologically conceive, a contractually secured egg donor, a separate surrogate married couple, an international adoption, and the legality of non-disclosure of a pregnancy and the existence of a gestational agreement in a SAPCR. I have argued for the legal rights of the intended parent and the “best interests” and constitutional rights of the child.

The legal issues surrounding my case were also taken up in the 2015 Texas legislative session. (See House Bill 1704). These are the kinds of frontier cases that I have taken on where others were either uncomfortable, or simply not enlightened enough to understand all the complexities involved. I am inspired me to do all that I can to improve the family court system. Due to my reputation as a prolific legal researcher of common and statutory family law, I have also been hired to shadow author family law motions, briefs and memorandum, and appeals for other attorneys over the years. I have expert knowledge with regard to almost every aspect of the Texas Family Code. Keep in mind, however, that the actual role of the judge is to interpret the law, listen to the evidence presented, and control how hearings and trials are conducted in their courtrooms. Most important of all, judges are to serve as impartial decision-makers in the pursuit of justice. The judge is the “trier of fact,” deciding whether the evidence is credible and whether witnesses are telling the truth. At the end of the day, a good judge should have the intelligence and aptitude to understand the law, combined with the natural instinct to understand people. These experiences and skills are my personal hallmark and make me uniquely qualified.

4. Why is this race important?

This race is important because we should no longer elect judges who merely wish to serve on the bench as a “rubber stamp”. On June 30th, over four hundred Harris County Precinct Chairs will have an opportunity to bring progress to an outdated family court system by electing a candidate who is offering a solid plan for change and improvement. Many of my opponents have attempted to turn this position for judge into a numbers game contest of who has the highest number of cases. However, if that is the standard, then why not just leave the current judges on the bench since they also have heard volumes of cases and some have board certifications? We should not allow that to be the litmus test. Democracy requires that we challenge the status quo by seeking new candidates, with fresh perspectives so that we are constantly striving for the pursuit of justice and equal access for all. Judges should not operate on “auto pilot” based only on prior experiences as a lawyer. The courthouse is a living, breathing, emotional place and the disputes and issues can change in an instant. When it comes to justice, the standard is quality, not quantity. I believe the newly created 507th Family District court is the perfect place for me to contribute my talents, my time and my vision to help ensure that families will have a better courtroom experience and better legal outcomes.

5. Why should the precinct chairs choose you to be the nominee for the 507th Family Court and not one of the other candidates?

I have a passion for justice, along with a compassion for people. I am also the only candidate who is speaking about fixing the inefficiencies in the system, and who has provided innovative ideas for improving the court after being elected. I believe that I am most diverse, well-rounded candidate who will provide a combination of valuable legal and unique life experiences to the bench. I acquired keen experience early in legal career handling large cases at two prestigious law firms, and have successfully handled complex cases while also helping clients in a smaller, more customized law firm setting. Even with experience, there are still no “cookie cutter” answers in family law. My promise is to bring an open-mind, while critically listening to the facts of every single case and then applying the law fairly. I would also ask the precinct chairs to consider that whomever the candidates are in our daily lives, is exactly who we will be when wearing the robe as judge, therefore the issue of judicial fitness is important. Character traits like integrity, patience, humility and respect for all people cannot be taught or bought. I am asking the precinct chairs to support me also due to my reputation for having a level-headed, polite temperament along with the integrity to do the right thing. I am not an unknown quantity, but am also not a perennial candidate. I believe this separates me from the pack as well. I am running for this specific bench at this specific time because I truly feel that this is my calling and my purpose. I am ready to lead and to serve the community with a new and improved approach to justice. If I become the democratic nominee, I will also continue to work hard to make the general election voters in Harris County proud. It would be my honor to become your new Judge of the 507th Family District Court. If the precinct chairs will give me that chance on June 30, 2016, I will not let them or their constituents down.

Update on the nomination selection processes

vote-button

In six days, Democratic precinct chairs in County Commissioners Court Precinct 1 will select a nominee to replace the late El Franco Lee on the November ballot. In 11 days, all Democratic precinct chairs will select nominees for the 507th Family Court and the County Criminal Court at Law #16. This is a brief update on activity related to those races.

About a week ago, I received a letter addressed to precinct chairs concerning the 507th Family Court race. It was sent by fellow precinct chair Natalie Fairbanks and it enumerated the number of Harris County family court cases that each of the six known candidates had been involved in since 2008. I did a scan of the letter, which you can see here. A couple of days later, candidate Germaine Tanner sent an email to precinct chairs arguing that the data in the Fairbanks was inaccurate and incomplete, as all the attorneys in question have been practicing since well before 2008 and the count of cases did not include those “that were filed as post-divorce proceedings between the years 2008-2015, but with a case number that preceded the year 2008”. You can see this email here. Later that same day, candidate Julia Maldonado sent her own email pointing out that there are qualifications beyond number of cases worked, such as board certification, and that some attorneys handle cases outside of Harris County as well. You can see that email here.

As for the County Criminal Court at Law #16 race, the HCDP lists three candidates who have stated an interest in that nomination. Two of them have made themselves known to precinct chairs recently. David Singer, who up till recently was the only candidate I was aware of for this position, sent a letter to precinct chairs outlining his background and qualifications. I thought he had also sent that via email, but if so I can’t find it. This is the back side of his push card from the March primary for the 177th Criminal District Court, which is from an email he did send to precinct chairs in February. It’s a succinct summary of what was in the letter. Last week, I received an email from Darrell Jordan, who was a candidate for the 180th Criminal District Court in 2010. You can see that email here. The third candidate in this race is Raul Rodriguez, who had run for the 174th Criminal District Court this March and like Singer had been a candidate for one of the County Criminal Courts in 2014. I’ve not yet heard anything from him on this race. I do have Q&As from all three from past candidacies – Singer and Rodriguez for 2016, Jordan for 2010 – and will be revisiting those this week.

Finally, on the Commissioners Court race, candidate Georgia Provost made a pair of robocalls to precinct chairs this week. It was the first contact from a candidate not named Ellis, Locke, or Boykins that I received. And I have to say, of all the ways available to reach out to voters, I have no idea why she chose the robocall route. Robocalls have their place in the firmament – they’re a pretty efficient way of reminding people that there is an election in the first place – but given that nobody listens past the first five or ten seconds and you don’t know who actually picked up the phone, why would you do that for a more detailed sales pitch like this race? I mean, there’s 125 voters total for this race. At a very leisurely pace of five contacts per day, you could reach everyone in less than a month, and ensure that you personally get to talk to them. I can’t imagine a less effective strategy for a race like this than robocalls.

Finally, a few days ago I received a letter from Rep. Harold Dutton endorsing Gene Locke for the position. To the best of my admittedly spotty recollection, it’s the only letter I’ve received from an elected official endorsing someone other than Rodney Ellis. At the very least, it’s the only one I’ve received recently from an elected official.

Six days till we pick a Commissioner. Eleven days till we pick two judicial candidates. Hang in there, y’all.

We precinct chairs will have at least one more nomination to fill

Alyssa Lemkuil

As everyone knows, Democratic precinct chairs in Commissioners Court Precinct 1 will be selecting a nominee to replace the late El Franco Lee on the November ballot. If we wind up selecting someone who is also on the November ballot for this slot – Sen. Rodney Ellis being the prime, possibly only, example of this – the precinct chairs in the affected entity (in that case, SD13) will have to then make another selection to fill his abandoned place on the ballot. We’ve been over this before, we know the drill.

What you may not know is that all Democratic precinct chairs will have the job of making a selection for another nomination elsewhere on the ballot. The reason for this is because the 2015 Legislature created a new judicial district, the 507th Family Court, here in Harris County. On December 28, Greg Abbott named Alyssa Lemkuil to be the first Judge of the 507th. Because that happened after the filing deadline was closed (*), there is no Democratic nominee for that bench. As such, by the same laws that give precinct chairs the power to replace El Franco Lee on the ballot, precinct chairs (in this case for the whole county) will pick a nominee for the 507th Family Court as well.

I bring this up because last week I started hearing from people who are interested in being that nominee. So far, Chip Wells (who ran for the 247th Family Court in 2010 and 2014), Sandra Peake (who ran for the 257th Family Court in 2010 and the 246th Family Court in 2014), and Shawn Thierry (who ran for the 157th Civil Court in 2010) have all made their interest known in one way or another. According to The Police News, Julia Maldonado (candidate for the 246th Family Court in 2014 and the 308th Family Court (for which Judge Lemhkuil had been an associate judge) in 2010) had applied to be appointed to the 507th and will presumably seek the nomination now. That site also mentioned Chip Wells and Jim Evans (candidate for the 308th Family Court in 2014) as others who would likely seek the nomination as well.

That’s what I know about this court and the candidates for it at this time. I’m sure that there are other people who have looked at this court, and I’m sure that by publishing this post, anyone who is interested and who isn’t named here will make his or her presence known to me one way or another. One more thing to note is that this court, like all the other Family courts, will be on a non-Presidential year cycle after this election, so whoever wins in November will have to run for re-election in 2018.

(*) Why was the appointment made after the filing deadline? The law that created the 507th Family Court specified that it was to begin operations on January 1, 2016, so Abbott was always going to appoint the first judge. Both the Police News site and a Greg Enos newsletter mentioned that Republican precinct chairs will also get to pick their November nominee, by the same process as us Dems. That doesn’t address the question of the timing of the appointment. Why not make it before the start of filing season in November, so that the eventual nominees could be chosen the normal way? It may be that there is some provision of the Elections code that mandates this, but I have no idea if that is the case or what it might say if so. Perhaps one of the attorneys in attendance could say something about in in the comments. Practically speaking, it doesn’t really make sense to name someone to a job more than six weeks before he or she can take the job, indeed more than six weeks before the job has even been created. Politically speaking, it would be embarrassing for the Abbott appointee to lose in a contested primary. This could still happen at the precinct chair level for Judge Lemkuil, though one would think that Abbott’s appointment would receive a fair amount of deference. Again, none of this directly answers the question, so if someone out there actually knows the answer, please do let us know.

Judicial Q&A: Shawn Thierry

(Note: I am running a series of Q&As for Democratic judicial candidates on the November ballot. I am running these responses in the order that I receive them from the candidates. These Q&As are primarily intended for candidates who were not in contested primaries. You can see those earlier Q&As, as well as all the ones in this series and all my recorded interviews for this cycle, on my 2010 Elections page.)

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

My name is Shawn Nicole Thierry. I was born in Houston and have lived in the Westbury and Northfield areas of town for most of my life. I am a graduate of Westbury High School, and Howard University in Washington, D.C. I obtained my law degree from the Thurgood Marshall School Of Law in Houston, Texas in 1996. I have been a licensed, practicing attorney for nearly fourteen years, while remaining active in the community through volunteering and charitable works. I am a member of Wheeler Avenue Baptist Church. I am seeking the position of Judge of the 157th Civil District Court and am running to bring “balanced justice” back to the bench and all those seeking legal relief.

2. What kind of cases does this court hear?

The types of cases which come before this court are wide-ranging, and include, but are not limited to, matters such as: contractual disputes, pharmaceutical and general products liability, toxic tort, premises liability, medical malpractice, employment and labor issues, real estate and property matters, insurance coverage cases, first amendment cases involving defamation and libel actions, wrongful death, and a high volume of other personal injury cases. District Courts are trial courts of general jurisdiction in law and equity. The district courts generally have exclusive jurisdiction in civil cases where the amount in controversy is $100,000 or greater and also have concurrent jurisdiction with the statutory county courts in cases where the amount in controversy is greater than $500.00 but is less than $100,000. This court may also handle multi-district litigation (MDL) for cases such as those involving mass tort claims and/or securities litigation. The MDL court is assigned by a judiciary panel, which is comprised of appellant court justices. As evidenced by this abbreviated list, the civil district court hears matters that could potentially affect most any individual and/or business.

3. Why are you running for this particular bench?

This particular judicial bench has not been subject to a contested election for many years. Specifically, in 2003, the incumbent judge obtained his position through the appointment of Governor Rick Perry to complete the term of yet another departing judge, who was also appointed to this same bench in 2001. Now, in 2010, the citizens will finally have an opportunity to participate in the democratic process by electing the next Judge of the 157th Civil District Court. I am running for this bench for this reason, and more importantly, because I believe that it is time for a change in leadership and a fresh perspective. I intend to preside with intelligence, an even judicial temperament, and efficiently.

4. What are your qualifications for this job?

My qualifications include diverse legal and life experience. For over thirteen years, I have protected and championed the legal rights of individual citizens, as well as represented and defended small businesses and large corporations. I have successfully handled cases varying from commercial disputes, personal injury, product defects, deceptive trade practices and other civil litigation matters. My legal career has also afforded me the honor of clerking for the Houston Court of Appeals First District. I also worked as a civil litigator for two renowned Texas commercial litigation firms. I gained invaluable experience at these respected firms. I later opened my own successful law practice where I represented individual clients and consumers in precisely the types of cases that will come before the 157th Civil District Court. I have an extensive background in civil procedure, rules of evidence, drafting and arguing trial motions, oral hearings, settlement of complex claims and cases, and other trial related matters. As a result, I have the broad experience necessary to view all cases and litigants objectively.

In believe our life experiences also shape our character in many ways. Growing up, I was typically one of a few African-American children in my class, and/or or social activities such as girl scouts, camp, etc. While some would think this was difficult, it actually afforded me the opportunity to form deep friendships with a variety of people from different backgrounds. Throughout my life, both personally and professionally, I have always been the type of person that helped my peers to keep an open mind on issues and express differences of opinions by listening, with patience and respectful dialogue. I believe this ability will also serve me well on the bench as many times the judge must use her or his influence to help opposing attorneys resolve certain matters. My judicial philosophy mirrors my life philosophy, which is, all people should be treated equally and without bias to religion, gender, race, financial status, sexual orientation, and/or age. Therefore, I believe I am uniquely qualified to not only understand the complexities and intricacies of the law, but also to balance and apply it to the parties coming before me.

5. Why is this race important?

All of the races are significant because judges have broad powers and discretion. As stated above, this is a unique opportunity for the people of Harris County to actually choose the next Judge of the 157th Civil District Court, versus the choice being made for them, as in the past. Additionally, it has been shown that most people will either seek legal redress in a civil court, or know someone who will, at some point. Thus, it is very important that the voters have confidence in the judicial system and the electoral process. I want all voices to be heard. This means that irrespective of political affiliation, age, sex, race or gender, everyone will have their “day in Court”, should I have the honor of being the next Judge of the 157th Civil District Court.

6. Why should people vote for you in November?

I will work very hard once elected to ensure that cases are heard timely, ruled upon fairly, so that justice is delivered in each case. I have the qualifications and character needed for this important and honorable job. I will absolutely follow the rule of law and apply it with intelligence, insight and integrity. I have been endorsed from a myriad of diverse organizations, such as The Houston Chronicle, The Pasadena Bar Association, The Jewish Herald Voice, and many others. My commitment to the voters is to bring balance back to the bench so that both sides are heard and equal access to the Court will be available to all those seeking resolution. For all of the reasons previously stated herein, I hope to earn the confidence of all those voting in this important general election. I would be honored and proud to serve as your next Judge of the 157th Civil District Court. Please feel free to visit my website: ShawnThierry4Judge.com to learn more about me and the campaign. Thank you for your time and attention to this specific race, and remember; elections matter!

Judicial Q&A: Shawn Thierry

(Note: I am running a series of Q&As for judicial candidates in contested Democratic primaries. There are a lot of judicial races on the ballot in Harris County this election, and so 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. I will also be conducting some in-person interviews of candidates who will be involved in contested primaries for non-judicial offices. Please see my 2010 Election page for a full list of Q&As and interviews.)

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

My name is Shawn Nicole Thierry. I am a native Houstonian and have lived in the Westbury and Northfield areas of town for most of my life. I am a graduate of Westbury High School in Houston, and I attended Howard University in Washington, D.C. I obtained my law degree from the Thurgood Marshall School Of Law in Houston, Texas in 1996. I have been a licensed, practicing attorney for over thirteen years. Over the course of my broad legal career, I have represented individual clients, both poor and wealthy, and businesses, both small and large. I have been very active in democratic politics for a number of years and have served the community as well. I respect the law and have always been a champion for justice. Barbara Jordan was my role-model as a child, and I was affectionately called by her name whenever I stood up for others who were not being treated fairly. I am seeking the position of Judge of the 157th Civil District Court and am running to lead. Leadership in the judicial system starts with judges since they have broad powers and broad discretion. My goal is to lead with courage and conviction by first listening to all voices and sides and then ruling impartially.

2. What kind of cases does this court hear?

The types of cases which come before this court are wide-ranging, and include, but are not limited to, matters such as: contractual disputes, pharmaceutical and general products liability, toxic tort, premises liability, medical malpractice, employment and labor issues, real estate and property matters, insurance coverage cases, first amendment cases involving defamation and libel actions, wrongful death, and a high volume of other personal injury cases. District Courts are trial courts of general jurisdiction in law and equity. The district courts generally have exclusive jurisdiction in civil cases where the amount in controversy is $100,000 or greater and also have concurrent jurisdiction with the statutory county courts in cases where the amount in controversy is greater than $500.00 but is less than $100,000. This court may also handle multi-district litigation (MDL) for cases such as those involving mass tort claims and/or securities litigation. The MDL court is assigned by a judiciary panel, which is comprised of appellant court justices. As evidenced by this abbreviated list, the civil district court hears matters that could potentially affect most any individual and/or business.

3. Why are you running for this particular bench?

This particular judicial bench has not been subject to a contested election for many years. Specifically, in 2003, the incumbent judge obtained the bench through the appointment of Governor Rick Perry to complete the term of yet another departing republican judge who was also appointed to this bench by Governor Perry in 2001. The judiciary should reflect a balance of differing views and experiences and not be subject to “group think” or concurrent appointments by the republican party. This year, the citizens will finally have an opportunity to participate in the democratic process for this court. I am the only candidate in this race who has been running for 157th civil bench since the election cycle began in 2009 and have never shopped benches or switched races during the primary. I remain focused and committed to the 157th, because I truly believe that this is a bench that needs a change in leadership and a fresh perspective.

4. What are your qualifications for this job?

I have diverse legal experience. For over thirteen years, I have protected and championed the legal rights of individual citizens, as well as represented and defended small businesses and large corporations. I have successfully handled cases varying from commercial disputes, personal injury, product defects, deceptive trade practices and other civil litigation matters. My legal career has also afforded me the valuable experience of clerking for the Houston Court of Appeals First District. I also worked as a civil litigator for two renowned Texas commercial litigation firms. I gained invaluable experience at these respected firms. I later opened my own successful law practice where I represented individual clients and consumers in precisely the types of cases that will come before the 157th Civil District Court. I have an extensive background in civil procedure, rules of evidence, drafting and arguing trial motions, oral hearings, settlement of complex claims and cases, and other trial related matters. As a result, I have the broad experience necessary to view the lens objectively.

Second, I also have diverse life experience. Growing up, I was typically one of a few African-American children in my class, and/or or social activities such as girl scouts, camp, etc. While some would think this was difficult, it afforded me the opportunity to form deep friendships with a variety of people from different backgrounds. Although there were some instances where I was on the receiving end of injustice, those experiences merely made me want to work harder to stand up for what was fair and right. I was also the first African-American woman to be hired at the law firm which recruited me from law school. Throughout my life, both personally and professionally, I have always been the type of person that has helped my peers to keep an open mind on issues and express differences of opinions through patience and respectful dialogue. These unique life experiences have helped to develop the type of character and even temperament that will serve me well, if elected to the bench. My judicial philosophy also mirrors my life philosophy, which is, all people should be treated equally and without bias to religion, gender, race, financial status, sexual orientation, and/or age. I believe that my both my legal and life experiences are of importance to my qualifications. I am uniquely qualified to not only understand the complexities and intricacies of the law, but also to balance and apply it so that justice is truly achieved.

5. Why is this race important?

The voters in this Democratic primary are obviously counting on their candidate to win in the November general election. Therefore, the Democratic primary candidate for the 157th Civil District Court must be able to run a strong campaign against the republican incumbent on the bench. Strong community support and strong financial support will be necessary to remain competitive against the well-established incumbent. I have raised significant financial contributions from a large base of Democratic voters; whereas my opponent’s finance report indicates campaign contributions of less than $500.00. This is important because a self-funded candidate is typically not able to energize a diverse base of the party, nor remain financially viable throughout the length of the general election. Also, my candidacy has been endorsed by the AFL-CIO, Area V Pasadena Democrats, Tejano Democrats, Houston Black American Democrats, South Union Civic Association, and the Coalition of Harris County Democratic Elected Officials. Strong endorsements, combined with an ability to secure contributions from Democratic donors, will help ensure that I will be a viable candidate who can go the distance against the incumbent in November.

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

I have the most diversified legal experience in this primary. I have practiced law for both sides of the bar representing both plaintiffs and defendants. My opponent has dedicated his career to defending large companies and, unfortunately, has not had much experience representing everyday citizens. I will be able to better balance the competing interests in each case fairly and impartially. Equal access will be available to all those seeking legal redress and relief if I am elected as judge of the 157th Civil District Court. I have the qualifications needed for this important and honorable job. I will apply the rule of law with intelligence, insight and integrity. I am committed to the 157th Civil District Court race and to the voters of Harris County. For all of the reasons previously stated herein, I am sincerely seeking support from the voters to elect me as the democratic primary candidate and, ultimately, as Judge of the 157th Civil District Court. Please feel free to visit my website: ShawnThierry4Judge.com to learn more about me and the judicial campaign.