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January 4th, 2018:

Judicial Q&A: Armen Merjanian

(Note: As I have done in past elections, I am running a series of Q&As for judicial candidates in contested Democratic primaries. This is intended to help introduce the candidates and their experiences to those who plan to vote in March. I am running these responses in the order that I receive them from the candidates. You can see other Q&As and further information about judicial candidates on my 2018 Judicial page.

Armen Merjanian

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

I’m Armen “Hammer” Merjanian and I’m running for Judge of County Criminal Court 5

2. What kind of cases does this court hear?

This court hears Class A & B Misdemeanor cases (DWI, Theft, Assault, Criminal Mischief, Fail to Stop and give info, etc.) and Class C (ticket) appeals.

3. Why are you running for this particular bench?

Because the current judge, Margaret Harris, is a tyrant who violates the rights of the accused on a daily basis and has for decades. She acts as a prosecutor from the bench as opposed to a neutral magistrate. Instead of complaining about it, I’m doing something about it.

4. What are your qualifications for this job?

I’m a criminal defense lawyer who’s passionate about criminal justice reform and ending mass incarceration. I’ve helped thousands of Texans in my career and know how to fix what’s broken in Harris County! I’ve seen both sides of our criminal justice system – I was a prosecutor prior to starting my own practice. I’m a proud graduate of South Texas College of Law Houston. I’m also a graduate of Gideon’s Promise, the country’s most prestigious training program for public defenders. I’ve also tried approximately two dozen misdemeanor and felony cases as first or second chair.

I have real life experiences outside of law. I was a high school math teacher, cross country, and track coach for 4 years prior to law school. I lead by example – I was named “North Suncoast Coach of the Year” in 2007.

5. Why is this race important?

This race is important because this court impacts the lives of thousands of Texans every year. We can no longer continue to take away the due process rights of the citizen accused and force them to plead guilty to crimes they didn’t commit because these judges systematically deny PR bonds and are more worried about “docket control” than justice prevailing at the end of the day. Being tough on crime only creates more crime. The time for change is NOW!

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

People should vote for me because I will follow the law. I will waive pretrial appearances for all accused once they have hired or been appointed a lawyer. Personal recognizance bonds will be the norm in my court. I will not punish anyone before they are found or plead guilty; the presumption of innocence will be alive and well in my court. I will encourage the DA to offer more diversions rather than to block pretrial diversions like the current judge does.

Record number of LGBT candidates running this year

OutSmart does the math.

A record 40 openly LGBTQ people will run for public office in Texas in 2018, according to an extensive review by OutSmart. That’s roughly twice as many as in any previous election cycle in the state’s history.

The unprecedented field of LGBTQ candidates includes two for governor, one for Texas Supreme Court, three for Texas Senate, 10 for Texas House, eight for Congress, and 14 for various judicial seats.

Twenty of the LGBTQ candidates are female, and 20 are male. Five are transgender, three are African-American, and eight are Hispanic. Six are incumbents who are among the state’s 18 current LGBTQ elected and appointed officials.

“I think for many, the motivation to run is in sync with the adage, ‘If you’re not at the table, you’re on the menu,’” says Chuck Smith, CEO of Equality Texas, the statewide LGBTQ advocacy group. “We have recently been witnessing a continuous assault on our rights and freedoms. It is only by raising our voices and securing our ‘place at the table’ that we can ensure our constitutional rights to equal protection under the law are preserved.”

All but four of the LGBTQ candidates in Texas are running as Democrats. Kerry Douglas McKennon is running for lieutenant governor as a Libertarian. Republican Shannon McClendon is challenging anti-LGBTQ incumbent state senator Donna Campbell (R-New Braunfels) in the District 25 Republican primary. Republican Mauro Garza is running for the Congressional District 21 seat being vacated by U.S. Rep. Lamar Smith (R-San Antonio). And New Hope mayor Jess Herbst, the state’s only trans elected official, is seeking re-election in a nonpartisan race.

[…]

The gubernatorial race is one of at least two in which openly LGBTQ canidates will face each other in the Democratic primary. The other is Congressional District 27, where gay candidate Eric Holguin and trans woman Vanessa Edwards Foster are among a slew of Democrats who have filed to run for the seat being vacated by U.S.representative Blake Farenthold (R-Corpus Christi).

I missed Holguin and Foster when I noted the plethora of LGBT candidates in an earlier post; my apologies for the oversight. There are eight such candidates for State House who are not incumbents, plus two (Reps. Celia Israel and Mary Gonzalez) who are, and as the story notes about a third of all these candidates are from Harris County. Some of these candidates, like Gina Ortiz Jones and Julie Johnson, have already attracted significant establishment support. Others will likely follow after the primaries, and still others will fade away once the votes are counted in March. But as they say, you can’t win if you don’t play, and the increased number of players is a positive sign. I wish them all well. Link via Think Progress.

There’s also a companion story about Fran Watson and her candidacy in SD17. Like the DMN story about Mark Phariss, it identifies her as seeking to be the “first openly LGBTQ candidate elected to state’s upper chamber”, and also like that story it does not mention that she is not alone in that pursuit. Which, given that OutSmart listed Phariss in the cover story about all the LGBT candidates is a little odd to me, but whatever. The point is, there are two candidates with a legit shot at that designation.

So where do we stand with handing over voter info to the Trump commission?

The DMN asks the question.

Still the only voter ID anyone should need

Have state officials turned over Texas voter information to the federal government?

In short, not yet.

A lawsuit by the Texas NAACP and the Texas League of Women Voters has halted the state’s release of that information to the commission after a Travis County district judge granted the groups a temporary restraining order in October. But the state has taken its case to an appeals court, arguing the lower court has no jurisdiction.

The appeals court has given no timeline on when it will rule on the matter, but until then no voter information will be shared with the fraud commission, which agreed in September to halt its request until the jurisdiction question was resolved.

[…]

Justin Levitt, an election law professor at Loyola Law School in Los Angeles, said it is unclear whether the commission is subject to the Federal Advisory Committee Act, so Texas should think twice about handing over its voter roll information. But if it’s not subject to that law, the commission may be under other constraints about what information it can request and how it can do so.

“That’s what the federal lawsuits are about. It’s an open question,” said Levitt, who oversaw voting rights battles for the Department of Justice under President Barack Obama.

Until those questions are resolved, Levitt said, there is nothing obligating Texas to turn over the information.

“This is just a request,” he said. “There’s nothing in Texas state law and nothing in federal law that I’m aware of that would force Texas to give the data over.”

See here, here, and here for the background. The lawsuit from which the injunction came was filed in state court, but as noted later in the piece there were federal lawsuits filed as well. And just as I was prepping to queue this post up for publication, this happened.

President Trump signed an executive order late Wednesday disbanding his own election integrity commission after less than eight months, saying he didn’t want to waste taxpayer money fighting with state governments over their voter data.

But the co-chairman of the panel, Kansas Secretary of State Kris Kobach, said the investigation into alleged voter fraud would continue — and could pick up speed without the formalities of a commission.

Trump said the commission’s work will now go to the Department of Homeland Security.

“Despite substantial evidence of voter fraud, many states have refused to provide the Presidential Advisory Commission on Election Integrity with basic information relevant to its inquiry,” Trump said in a statement through his press secretary. “Rather than engage in endless legal battles at taxpayer expense, today I signed an executive order to dissolve the commission, and have asked the Department of Homeland Security to review these issues and determine next courses of action,” Trump said.

Good riddance, I say, though it sounds like we’re not quite out of the woods yet. Keep up the good fight against this travesty. Think Progress, Daily Kos, and Mother Jones have more.

Texas blog roundup for the week of January 1

The Texas Progressive Alliance wishes everyone a happy and blue-wavey new year.

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