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October 16th, 2018:

Judicial Q&A: Chuck Silverman

(Note: As I have done in past elections, I am running a series of Q&As for Democratic judicial candidates. This is intended to help introduce the candidates and their experiences to my readers. 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.

Chuck Silverman

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

I am Chuck Silverman and I am the Democratic Party candidate for the 183rd Criminal District Court in Harris County, Texas.

I grew up in Corpus Christi, Texas and attended Tulane University where I received my undergraduate, master's and law degrees. I have lived in Houston since 1986. I am married and have three children. In my spare time I enjoy cycling and shooting skeet and sporting clays.

For more information please visit www.Chuck4Judge.com.

2. What kind of cases does this court hear?

The 183rd District Court handles felony cases. Felonies are the most serious criminal cases and include murder, aggravated robbery, and sexual assault. The sentences in these cases can range from a period of probation to life imprisonment or in some instances, death.

3. Why are you running for this particular bench?

I am running for this bench because I am passionate about the law and how it should be applied equally and fairly to all, regardless of race, religion or financial situation.

4. What are your qualifications for this job?

I have a broad range of legal experience that will serve me well as a district court judge. I have practiced law for over three decades and have represented hundreds of clients in state and federal trial and appellate courts. In addition to my litigation experience, I have represented clients in administrative hearings and alternative dispute resolution forums throughout Texas. For the last 11 years I have been the General Counsel of a multinational corporation. I believe that a judge must be an effective administrator and a fair-minded decision maker. I am confident that I can be both.

5. Why is this race important?

One of the major issues facing the criminal justice system in Harris County is the fact that for too long Harris County has had two systems of justice. One for those who have money and the other for those who don’t. A significant percentage of those incarcerated in the Harris County Jail are awaiting trial. Consequently, I think there is a need to reform the systemic denial of personal recognizance bonds to nonviolent defendants in felony cases.

6. Why should people vote for you in November?

My hard work ethic, calm demeanor, impartiality, courtroom experience and knowledge of the law make me a superior candidate. I have more than 32 years of legal experience and have many published appellate court decisions. Additionally, I have a good judicial temperament, would be fair to lawyers and litigants and have the extensive depth of legal knowledge required of a district court judge.

Chron profiles both County Judge candidates

Good story on Lina Hidalgo.

Lina Hidalgo

First-time candidate Lina Hidalgo hopes Harris County voters frustrated with what she says is poor leadership on flood control and criminal justice reform will help her defeat longtime County Judge Ed Emmett.

Hidalgo, 27, is the Democratic nominee for the county’s top executive position. She is one of a record number of Hispanic candidates in Harris County this year, and would be the first woman and Latina county judge. Democrats are betting high turnout among their voters, which helped defeat a Republican sheriff and district attorney in 2016, will overcome Emmett’s broad popularity with residents.

“What I have is the moral compass to ensure we are putting the community’s interests ahead of the next election,” Hidalgo said in an interview at her Galleria campaign headquarters.

Even in a year where Democrats are motivated by a viable Senate candidate and united in anger against an unpopular president, Hidalgo faces a tough task. She is running against possibly the most popular local figure who did not win the World Series last year. Though Emmett has more experience, is far more well known and has raised more money than Hidalgo, election researchers say she has a path to victory if too many Democrats forget to vote for him.

Hidalgo’s background is similar to those of the one-quarter of Harris County residents who are immigrants. She was born in Colombia in 1991, during that country’s war with drug cartels, and moved with her parents and younger brother first to Mexico, and then to Houston in 2005. She graduated from Seven Lakes High School in Katy ISD in 2009, and earned a political science degree from Stanford University four years later.

She enrolled in 2015 in a joint master’s program at Harvard University and law program at New York University. As part of her studies she has interned with the public defender’s office in New Orleans and an inmate mental health project in New York City. Back in Houston, she spent two summers at Ben Taub Hospital translating for Spanish-speaking patients.

Putsata Reang, her supervisor during a research project in Thailand studying free speech rights in Southeast Asian countries, described her as a hard worker eager to take initiative.

“She’s like this incredible force where we were getting 10 employees out of one because of the sheer workload she could handle,” Reang said.

Go read the rest, then take a look at the companion piece on Judge Emmett.

Judge Ed Emmett

If there is a nightmare keeping Harris County Judge Ed Emmett awake at night, it may go like this: It starts months before November, when Democrats tell pollsters they, of course, will vote for Emmett, even though he’s a Republican. They like how he led the county during Hurricane Harvey, and the storms before that, stretching back to Ike a decade ago.

Election Day arrives. A surge of Democrats turn out, motivated by anger with Republicans at the top of the ticket and President Donald Trump, who is absent from the ballot. They have no quarrel with Emmett. But the lines are long, the ballot is long, and the county judge’s race is below dozens of state and federal contests.

At the top of the ballot, however, voters can select the straight ticket of their party with one button. Democrats pick theirs, and leave. And Emmett loses to a 27-year-old who never has held political office.

That is the scenario, in the last Texas election with straight-ticket voting, election researchers say could sweep Emmett out of office. Though Emmett is likely to win a third full term, they said in an election in which Republican voters likely will be a minority, the judge should be reminding Democrats to buck their party and stick with him.

“It’s all about Democrats voting for Ed,” said Robert Stein, a political science professor at Rice University. “I wouldn’t rule out the possibility, however remote or odd it sounds, that Democrats never remember to.”

[…]

Stein said his research shows Emmett winning re-election, but with only around 55 percent of the vote — despite being viewed positively by 70 to 80 percent of the electorate. University of Houston political science Professor Brandon Rottinghaus said Emmett, though popular, could become collateral damage in a backlash against the Republican Party.

“The wave may very well drown a moderate Republican,” he said. “That’s true for Emmett and, potentially, for State Rep. Sarah Davis.”

You should read the rest of this one as well, but let me push back a little on the math here. In 2014, the undervote rate in the dozens of contested judicial elections was consistently right around four percent. That amounted to roughly 30,000 votes in each of those races, and in every case that total number of non-votes was smaller than the margin of victory, in race where the victorious Republican candidate mostly drew between 53 and 55 percent. Going farther down the ballot, in the non-judicial countywide contests that appeared after Emmett, the undervote in the races for District Clerk was 4.09%, for County Clerk was 3.90%, and for County Treasurer was 3.46%. I feel like if people remembered to vote for Stan Stanart and Orlando Sanchez, they’d probably not forget to vote for Ed Emmett.

As for the estimated share of the vote Emmett might get, we can’t really look at 2014 because he didn’t have a Democratic opponent. In 2010, when most Republican judicial candidates were getting between 55 and 57 percent of the vote, Emmett received 60.6%, so he ran between four and six points better than his partymates. I think 55 is on the high end of the spectrum for Emmett this year, but it’s plausible. The real question I have is, what do you think the baseline percentage for Republicans elsewhere will be? I fully expect Emmett to exceed the baseline, as he has done in the past, but he can’t completely defy gravity. He’s going to need the Republican base vote to be there as well, and if it isn’t then he’ll be in trouble.

My interview with Lina Hidalgo is here if you haven’t already listened to it. I think we can all acknowledge that Ed Emmett has been a good County Judge while at the same time recognizing that there are things we could be doing differently, priorities we could choose to elevate or diminish, and causes we could support or oppose with more vigor. Campos has more.

Trustees apologize for Saavedra/Lathan mess

It’s a start.

Houston ISD trustees on Monday offered a public apology to students, parents and teachers for their behavior the past 10 months, particularly the chaotic meeting last week when a faction of the board surprised their colleagues and the audience by replacing the interim superintendent.

Trustees said they hoped the apology and pledge to work better with each other is the first step toward quelling infighting on the board, restoring the public’s trust and showing the Texas Education Agency that HISD is capable of governing itself.

“Our actions have not modeled the behavior we desire to instill in our children that we serve,” said Trustee Diana Dávila at a lectern surrounded by her eight colleagues. “We sincerely apologize to all of you.”

[…]

Trustee Jolanda Jones said the board at a special meeting Thursday morning would set an end date for its search for a permanent superintendent, consider hiring an executive coach for the school board and Lathan, and request a new governance counselor from the Texas Education Agency, which has been monitoring the board for months.

The trustees then left the boardroom, refusing to answer questions about what convinced trustees to change course, whether they had broken the law in secretly recruiting Saavedra and why the public should trust this latest pledge to do better.

[…]

Despite her contrition, questions remain about whether Dávila and four colleagues violated the Texas Open Meetings Act by approaching Saavedra about taking over as superintendent before informing the rest of the board or the public.

Saavedra, who served as HISD’s superintendent from 2005 to 2009, told the Chronicle on Sunday that he spoke separately with five trustees — including the four Latino members — in the days before the vote to appoint him.

Of the five trustees who voted for his appointment, Davila, Sergio Lira and Holly Maria Flynn Vilaseca said they met with Saavedra beforehand. The other two “yes” votes, Elizabeth Santos and Anne Sung, did not respond to repeated requests for comment.

Joe Larsen, a Houston First Amendment lawyer and expert on Texas’ open meetings and public information laws, said Saavedra’s acknowledgment that he spoke with a majority of trustees privately is evidence that they may have broken the law.

“It certainly would appear to indicate there’s some coordination between those five individuals toward a specific goal, constituting a majority,” Larsen said. “That’s precisely the sort of thing that should have been deliberated in public.”

The district attorney’s office would need to investigate any possible violation of the Open Meetings Act, Larsen said, which is a misdemeanor. A spokesman for Harris County District Attorney Kim Ogg said the office does not comment on investigations that may or may not exist.

See here and here for the background. It’s good to hear the Board speak in this fashion, and to apparently recognize the lack of trust they have earned with the public, but suffice it to say that their actions will speak far louder than any words of contrition. I say this as someone who knows nearly all of them – I’ve never met Diana Davila, and I have only spoken to Sergio Lira over the phone – and who likes and respects them. For a broad range of reasons, I really really want them to work together to solve problems and make HISD the best it can be. This is a start, but there’s a very long way to go, and that’s before we consider the possibility that the Open Meetings Act was violated. One step at a time. The Press has more.

Army Corps to present Ike Dike options

About time.

Later this month, the U.S. Army Corps of Engineers will recommend a multi-billion-dollar plan to help protect the Texas coast — the Houston area in particular — from hurricanes. When it will become a reality, however, is anyone’s guess.

The more than 200-year-old agency — in partnership with the Texas General Land Office — embarked on the largest study in its history in 2014 to determine how best to guard the Bayou City and other coastal communities from devastating storm surge.

Four years later, the agency has devised four proposals for the Houston area; it will announce which one it thinks is best on Oct. 26 and open a 75-day public comment period, according to Kelly Burks-Copes, a project manager at the Army Corps’ Galveston District.

The plans are distinctly different — one of them has an alternate variation — but all include a mixture of new levees, improvements to existing levees and seawalls and the installation of so-called “navigation” gates, which would be closed ahead of storms to protect densely populated areas southeast of Houston and the city’s port — home to the largest refining and petrochemical complex in the nation, which saw significant flooding during Hurricane Harvey — from the deadly swells generated by a hurricane’s strong winds. That storm surge can result in major flooding even before a storm makes landfall.

One of the plans calls for the construction of a 17-foot-high levee along the entirety of Galveston Island, which is about 27 miles long, and the barrier island to its north, Bolivar Peninsula — a concept that has been dubbed the “coastal spine.” Another includes a levee through most of Bolivar but not Galveston. Others call for the construction of new levees and floodwalls further inland. All the plans include the installation of navigation gates in various places and the construction of a so-called “ring levee” around the heart of the Galveston that would protect the island’s backside from retreating storm surge.

Here’s the study. The four proposals are:

Alternative A: Coastal Barrier/Nonstructural System, with or without a Galveston Ring Levee
Alternative B: Coastal Barrier (Modified)
Alternative C: Mid Bay Barrier
Alternative D: Upper Bay Barrier/Nonstructural System, with or without a Bay Rim

Click over to read what they mean. There are also nine Ecosystem Restoration proposals to go along with this. As the story notes, both the original “Ike Dike” idea, proposed in 2008, and the more recent SSPEED Centennial Gate, or maybe the even more recent mid-bay gate, I’m honestly not sure, are in the running. Like I said, go see for yourself what’s on the table. One winner will emerge, and we’ll get a public comment period after that, and then we just need to solve the trivial problem of funding. No big deal, right?