(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.)
1. Who are you and what are you running for?
I am Steve Miears and I am running for judge of the Texas Court of Criminal Appeals, Place 4, as a Democrat. I grew up in Houston and graduated from Madison High School. I graduated from Austin College and finished law school at the Texas Tech University School of Law. I was a prosecutor after finishing law school. For the last thirty-five years I have been in private practice representing people in criminal cases who were indigent.
2. What kind of cases does this court hear?
This Court is a court of discretionary review of decisions in criminal cases from the 14 Courts of Appeal in Texas. It hears direct appeals from Texas trial courts where the death penalty has been imposed by a jury. It also hears writs of mandamus. Writs of Habeas Corpus take up most of this Court’s docket. Last year the Court handled over 3,500 writs of habeas corpus. These writs, filed mostly by prison inmates, challenge convictions on constitutional grounds including complaints of ineffective assistance of counsel.
3. Why are you running for this particular bench?
I am running for this position because I want to bring my values and understanding of the law to the Court. I am a Democrat and I identify with the values of the Democratic Party. Currently, the Court consists of nine Republican judges. It’s time for a different set of ideas about the rule of law to come to the Court. These ideas include respect for a woman’s reproductive rights, sensible gun regulations, an understanding of society’s evolving views on the death penalty, respect for LGBTQ rights, and the injustice of long prison sentences for non-violent drug offenders.
4. What are your qualifications for this job?
I am Board Certified in Criminal Law and Criminal Appellate Law. I have been named a “Super Lawyer” in criminal law by Texas Monthly magazine for the past 7 years. I have handled as lead counsel the trial and appeal of death penalty cases. To read a complete list of cases I have handled on appeal go to http://www.search.txcourts.gov/CaseSearch.aspx?coa=coa06&s=c:
Click on the box "Case Search."
Mark only "All Courts" to search all courts in Texas.
Put in my Bar number for the search field: 14025600
To watch a video of an oral argument I did recently before the Court of Criminal Appeals regarding police needing a warrant to get your cell phone records go to:
http://www.texasbarcle.com/CLE/CCAPlayer5.asp?sCaseNo=pd-1269-16&bLive=&k=&T=
5. Why is this race important?
This race is important because the judges of the Court of Criminal Appeals decide the scope of constitutional protections of individual liberties and freedoms of all Texans.
6. Why should people vote for you in the primary?
My opponent in the primary was elected just over a year ago to complete a four-year term on a Dallas County judicial bench. I believe that if the voters elect someone to a position they have a right to expect that the person will fulfill those duties—before seeking another office. If she won, then the governor would appoint a Republican to be the judge in that court. I can’t believe the Dallas voters expected that outcome when they voted for her.
Because I have handled appeals, writs, and death penalty cases, I am more qualified by experience. I am committed to changing the Court for the better.