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Judicial Q&A: Cheryl Elliott Thornton

(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?

I am Cheryl Elliott Thornton, a native Houstonian who has practiced law for over 23 years. I graduated from Lamar High School in Houston, Trinity University (BA), St. Mary’s University in San Antonio (MA) and Thurgood Marshall School of Law in Houston, Texas. I am married to Peter Thornton, a professor at Texas Southern University. I am running for Judge, Harris County Civil Court at Law No. 2.

2. What kind of cases does this court hear?

This court hears cases in which damages range from $500 to $100,000; appeals from the justice of the peace court and Texas Worker’s Compensation; cases pertaining to defamation or slander; title to real or personal property; enforcement or recovery of real property; eminent domain and writs.

3. Why are you running for this particular bench?

I am running for a county civil court bench because this bench, jurisdictionally, outside of justice of the peace benches which are elected to district-wide, is the court closest to “the people” in terms of access. I am running for this particular bench because the current judge, who has been there since 2008, reportedly has not performed in the most judicious manner and, thus, this court should be changed while the administration is still young. I believe I can offer the lawyers and the public at large, a more judicious and/or respectful handling of the cases that come before it.

4. What are your qualifications for this job?

I have been a practicing attorney for over 23 years, primarily in the area of civil law. I have served as an administrative law judge for two State of Texas agencies. Further, I have the administrative capabilities necessary to run a court as evidenced by my experience as General Counsel for a university and as an Assistant Attorney General for the State of Texas. I have also been certified as an Ad Litem by the State Bar of Texas and have received legal training at Harvard University through the National Association of College and University Attorneys.

Further, in my community, I have served as chair of the Police Advisory Committee, chair of the Museum of Fine Arts Advisory Committee, Executive Board Member of the World Youth Foundation, member NAACP, Houston Bar Association, Houston Lawyer’s Association, National Bar Association and Interfaith Ministries.

5. Why is this race important?

This race is important, as are all judicial races, because Harris County needs good judges. I define good judges as those that do not make decisions based upon how a party looks, what a party’s net worth is, what is the color of their skin or what firm is representing them. Society needs judges who are fair and impartial, at the same time aware of the gravity of the cases before them. This race is important because society is crying out for judges who believe in fairness and judicial equality for all.

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

I not only have the needed legal experience as noted above, but I also have the most practical experience as evidenced by my involvement in community affairs. Unfortunately, the judicial system is overwhelmed with judges who have limited community involvement and limited broad-based experience. These types of limitations are why the courts are perceived as unapproachable and biased toward most of the people it serves. All of my experience is what is necessary to be able to fairly adjudicate the issues and people brought before this bench. The people need something more than just a litigator—they need a person involved in Harris County, a diversified practioner of the law, and a person experienced with all types of people in order to properly and equitably serve the people who come before the court. They need me, a person with 23 plus years of legal and community experience who has the judicial temperament to be the Judge of Harris County Civil Court No. 2. They need the best choice for that position–CHERYL ELLIOTT THORNTON.

Posted in: Election 2010.

The Mayor on Metro

As we know, one of Mayor Annise Parker’s transition teams is looking at Metro. We won’t get their report till the end of the month, but here’s a peek at some of the things they’re thinking about.

Parker has signaled that she is not wedded to conventional wisdom about Metro, even suggesting eliminating fares to increase lagging ridership. While acknowledging that Metro would have to cope with the loss of fare revenues — $66 million in 2009, about 20 percent of its expenses — she said it is a discussion the agency needs to have.

The mayor, who appoints five of the nine members of Metro’s board, said she envisions a seamless network of transportation services that move people efficiently throughout the eight-county Houston region.

“The goal should be, wherever you get on our ultimate mass transit system, from commuter rail, to light rail, to bus, you get one ticket, you go anywhere in the region,” Parker said.

[...]

Eliminating fares, of course, would make cost-benefit analysis meaningless, since every route would be fully subsidized. But allowing passengers to ride for free might attract enough riders to reduce congestion for drivers and produce other benefits, Parker said.

“I don’t really care so much what they collect at the fare box,” the mayor said. “I’m not going to tell them to do this, but I am personally interested in exploring — unless we’re leveraging those dollars in some ways for other kinds of matches — dropping the fares to get more people on board.”

The idea of lowering or even eliminating fares has been advocated by Bill King recently. My understanding is that eliminating fares causes problems with getting matching federal funds, but I don’t know the specifics of that. I’ll reserve judgment on the rest of it, but I do have a concern how revenues would be made up if fares are reduced. It’s possible that a lower fare could increase revenue for Metro if ridership goes up enough, of course. The argument about better serving the community that depends on public transportation is a strong one, and as part of a commitment to make transit more pervasive and interconnected, it’s one I’m open to. I’m looking forward to seeing what the transition team has to say.

On a related note, the PBS series Blueprint America aired a show last night on Detroit’s efforts to build out a better transit network. You can see a preview of it here, and the full episode should be available online shortly. My thanks to reader Kirston for the tip.

Posted in: Planes, Trains, and Automobiles.

Hey, Houston! Steal this idea!

Something like this needs to happen here in Houston.

The BigApps competition, in which [New York City] made its data available to developers so they could make apps out of them that would be helpful to citizens, and offered prizes to the best entries, closed last night with a ceremony and the announcement of three grand prize winners, a popular favorite chosen by the public, and six honorable mentions. Some of them are available already on iTunes, and we expect the others will be soon.

The key to all this was New York making its data available so the apps creators could do their thing. I feel confident that if Houston did the same, and made sure that fact was known, our own app development community would jump on it. Even without a contest and a cash prize – though of course those things couldn’t hurt – we’d likely see some cool and useful stuff. But it all starts with making the data available, and making sure people know that it’s available.

Posted in: Technology, science, and math.

Endorsement watch: DMN for Ratliff and Kinky

The Dallas Morning News has a couple of endorsements of interest, one good and one puzzling. In the good one, they endorse challenger Thomas Ratliff in his GOP primary race for the SBOE against wingnut Don McLeroy.

McLeroy, a board member since 1999, undoubtedly cares about education. But this panel could use Ratliff’s more practical approach to keep its work focused on essential issues. He’s not an ideological brawler and could develop consensus.

Ratliff has had experience doing just that while serving on boards at his children’s public schools in East Texas. And he says he would listen to teachers and superintendents in determining what students should know. Setting standards is a key function of this board, and Ratliff, 42, would be more in touch with educators than McLeroy. While Ratliff shouldn’t become their captive, Texans are better served by someone who takes teachers’ points of view seriously in crafting curriculum.

We also prefer Ratliff’s emphasis on depoliticizing appointments of outside advisers, including those who handle the state’s sizable education funds. The board has run into problems in selecting investment advisers.

I think that first sentence is too generous to McLeroy, who as far as I can tell cares only about advancing his ideological agenda. The single best thing that could happen to the SBOE would be for Ratliff to beat McLeroy.

And in the puzzling one, they recommend Kinky Friedman for Ag Commish. Sort of. Actually, they just express dislike of Hank Gilbert and go from there.

Gilbert knows agriculture issues in vastly greater depth than Friedman, but he would lead Texas in the wrong direction in key areas. One is a move away from globalization and toward protectionism for farm products. He says he is not a big fan of crop subsidies, yet he thinks Congress caved to foreign nations that complained Washington was propping up U.S. producers too much.

Gilbert, 50, of Whitehouse, also opposes key parts of the state water plan. He would take the proposed Marvin Nichols Reservoir off the table as a possible water source for the burgeoning Dallas-Fort Worth area. He would bank on a less-certain strategy of shipping in water from other regions and building massive desalinization plants to purify brackish water.

Friedman, 65, of Austin, doesn’t get into such details. He says he’d hire experts to hash out policy so he could concentrate on being a spokesman for family farms and kindness to animals. That’s not a great model for the job, but a better one than Gilbert proposes.

Inspiring, huh? How seriously is Friedman taking this job and this election? Well, he’s got gigs scheduled in Dallas (warning: music) and here in Houston while early voting is going on. I guess hiring experts to do the actual work really frees a guy up to do what he wants. Hey, DMN, did it occur to you that you could just not offer an endorsement in the race? Sheesh.

Posted in: Election 2010.

Texas blog roundup for the week of February 8

The Texas Progressive Alliance congratulates the city of New Orleans for the Saints’ stirring Super Bowl victory, and reminds them that the “hair of the dog” trick doesn’t really help with the hangover.

Continue reading →

Posted in: Blog stuff.

Endorsement watch: Statesman for Bill White

Following their unsurprising recommendation of KBH in the GOP Governor’s primary, the Statesman makes the clear and obvious choice in the Democratic race as well.

As Texas moves through precarious times, it needs leaders from that moderate middle. We believe former Houston Mayor Bill White can be one of those leaders, and we endorse his bid for the Democratic gubernatorial nomination.

White brings an impressive resume that includes business leadership, a stint as a top official in the Clinton administration’s Energy Department and a successful tenure as mayor of Houston — a city as politically and ethnically diverse as our state.

White also brings a low-key, thoughtful approach that seems like just what Texas needs now. There’s nothing like high-decibel rhetoric to get folks excited around election time. But today’s problems — education, transportation, health care, jobs, a massive projected state budget shortfall, etc. — are best solved by thoughtful deliberation, not overheated rhetoric.

It’s also not the time or place for know-it-all politicians who think they have all the solutions and can single-handedly put them in place.

I feel sure that all of the other papers will go the same way on each race. If we then get the White-Perry matchup that most of us are expecting, I figure White will do well on those endorsements, too. If it does come down to White-KBH, that will be more interesting from this perspective.

Posted in: Election 2010.

The Observer interviews White and Shami

If you’re looking for some more prep material in advance of tonight’s debate, the Texas Observer has a nice cover story on Bill White and Farouk Shami, with an interview with each candidate. For those of you who tune in tonight, leave a comment and let us know what your impressions were.

UPDATE: BOR and Martha did the liveblog thing for the debate. Anyone want to give their impressions?

Posted in: Election 2010.

Interview with Farouk Shami

Farouk Shami

Farouk Shami

You’ve probably seen a few of Farouk Shami’s ads for Governor by now, and you know the basic story: Came to America with only a few dollars in his pocket, started a successful business, and is now running to be the Democratic nominee for Governor. The primary focus of his campaign has been jobs and economic growth, which he plans to achieve by leveraging his business acumen. You’ll be able to hear more from Shami tonight when he and Bill White debate on public TV, and while you’re waiting for that, you can listen to my interview with him:

Download the MP3 file

A full list of the interviews I have done is on the 2010 Election page. As always, your feedback is appreciated.

Posted in: Election 2010.

Judicial Q&A: Charles Spain

(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?

I am Charles Spain, and I am running as a Democrat for the 270th Civil District Court of Harris County. I am a native Houstonian and graduate of Sharpstown High School. After graduating from Rice University, I began my career in public service, working as a district Scout executive for the Boy Scouts of America for three years. After graduating from Baylor Law School, I began my service to the Texas judiciary, clerking for the Texas Supreme Court.

2. What kind of cases does this court hear?

The 270th District Court is a civil court. Its docket includes everything but criminal, family, juvenile, and probate cases.

3. Why are you running for this particular bench?

I have committed my life to public service, starting right after college with my work as a Scouting professional. I have continued to serve Texas and my profession throughout my career as a lawyer: serving as an adjunct professor at the University of Houston Law Center; making important contributions in the Texas Supreme Court’s revision of the procedural rules in civil cases; and drafting legislation and working successfully to get it passed. Most significantly, I have served the Texas judiciary as a staff attorney for twenty years. The time has now come for me to take the experience that I have gained from my service and put it to use as judge of the 270th District Court.

4. What are your qualifications for this job?

I have served the Texas judiciary as a staff attorney for twenty years, reviewing trial records and drafting over 800 opinions for the appellate courts. The types of cases I have worked on include virtually every kind of legal issue that can be raised in state court. This experience has given me a deep understanding of the judicial process, which is further demonstrated by the fact that I have been board certified in Civil Appellate Law by the Texas Board of Legal Specialization since 1993. My background in the appellate judiciary will be invaluable in efficiently focusing trial litigation on the proper legal issues.

5. Why is this race important?

The right to trial by jury is vanishing. We need trial judges who believe in trying cases on the merits to a jury whenever possible.

The Harris County civil district courts handle some of the most sophisticated and complex litigation in the United States. It is critical that the judge of the 270th have the intellectual ability to get the job done in these challenging cases. If not, the entire trial may be reversed on appeal, resulting in an incredible waste of the public’s money, the jury’s time, and the litigants’ own resources. I have twenty years’ experience working on these complex cases.

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

I am the only candidate running for the 270th Civil District Court with actual experience working in the judiciary. My experience has not only allowed me to develop the skills necessary to handle the complex cases that come before the courts, but it has also given me the opportunity to develop the temperament necessary to be a good judge. I am committed to listening to everyone who comes before the court. There are winners and losers in our adversarial system of justice, but the judge must ensure that everyone has a fair opportunity to present his or her case on the merits, whenever possible. It is important to move the court’s docket, but expediency should never be the driving force behind the justice system. If people do not receive due process and respect, then they will not respect our system of government.

I have also reached the point in my life where I have acquired some measure of wisdom and empathy. I have an autistic son and a father who has Alzheimer’s disease. While I will rule based on the law, I believe a basic understanding of, and sense of compassion for, people is a vital skill for anyone serving as a judge.

Posted in: Election 2010.

The Chron on the lost SUPERTRAIN opportunity

The Chron is none too pleased with the way Texas fared with federal funds for high speed rail.

Texas Department of Transportation spokesman Chris Lippincott stated the obvious: Texas needs to have more plans in that “shovel-ready” shape. Lippincott says the near shutout in federal funding was “not a surprise.”

It certainly surprised us. We had assumed that Texas’ business of making its case before the federal bureaucracy was being handled capably and almost routinely. That was the impression given on a visit here awhile back by members of the Texas High-Speed Rail Authority, a nonprofit group composed mostly of former public officeholders.

On the merits, Texas has an utterly compelling case for high-speed rail connecting Houston with Dallas-Fort Worth and the Austin-San Antonio area. That is what makes this failure to lead, to get organized, however you want to describe it, such a vexation.

I think we all get what the problem was. The path forward, that’s a harder thing to figure out. I’ll say again, the necessary first step is new leadership for Texas, but I’m not laboring under the illusion that that’s a sufficient step. Still, if we don’t take that first step, we can’t get anywhere else.

Posted in: Planes, Trains, and Automobiles.

Endorsement watch: LLLC, PBA, HCD

Here’s a trio of recent endorsements, from the Latino Labor Leadership Council, the Pasadena Bar Association, and the Harris County Democrats. In addition to those, here are the AFL-CIO’s recommendations for statewide races. All have been noted on the 2010 Elections page.

Posted in: Election 2010.

If we’re looking for revenue to help deal with that budget gap…

We could always follow the lead of many other states and adopt our own climate plan.

Already, ten states in the Northeast have put their electric utilities under a cap-and-trade system known as RGGI. Eleven Western states and Canadian provinces are now laying the groundwork for their own cap-and-trade system, known as the Western Climate Initiative (WCI), which would begin in 2012 and could well expand further. Right now, there’s a lot of cooperation between RGGI and WCI, [Terry Tamminen, who advised California Gov. Arnold Schwarzenegger on that state's climate policy] said—so that in the future they could be linked up, possibly with Europe’s system, and possible with offset projects in, say, China and India. (Relatedly, Schwarzenegger is putting together an “R-20″ for various subnational governments, modeled after the G-20, to get together and coordinate these sorts of regional efforts.)

Okay, but what sorts of cuts are we really talking about? The WCI, after all, includes some hefty states and provinces—California, Ontario, Washington, Arizona—but it doesn’t include some of the heaviest polluters, like Alberta and Texas. Unfortunately, no one’s done a full tally of the total impact on U.S. emissions—it’s still too early for that. But, Tamminen notes, when you add state efforts to the hundreds of cities that have pledged to reduce their emissions, suddenly we’re talking about a big swath of the United States. “Eighty percent of the country’s emissions come from cities and industrial areas that are often located near those cities.”

And, Tamminen adds, other states will have plenty of incentive to buy into these climate plans. For instance, some of the RGGI states have used revenue from selling carbon permits to help fill in their budget shortfalls ($100 million in New York’s case)—an option that may increasingly look attractive to many governors around the country. It’s a move that has a certain logic too it. “When you think about a coal-fired power plant,” says Tamminen, “it’s not just the greenhouse gases—there are all sorts of other pollutants causing asthma and so forth, and that ends up costing states in medical bills. So it’s totally appropriate for states to offset those costs by forcing polluters to internalize them, through a price on carbon.”

A hundred million bucks is still a relatively small amount in the context of our budget and its currently projected shortfall, but it’s still a hundred million bucks, and I’d bet Texas has a lot more revenue potential there than New York does. Yeah, I know, this is about as likely to happen as a tax on concealed weapons. But just take a minute and imagine what it might be like if we provided incentives to not pollute, instead of the other way around.

Posted in: The great state of Texas.

Weekend link dump for February 7

Geaux Saints!

On the subject of E-book pricing. I’m still a paper book guy for now. But that doesn’t stop me from being amused by the massive Amazon fail, or from noting that competition made e-book prices go up. And in the end, I’m sure this is how it all went down. Yeah, I still like paper books.

You know, last I checked Google didn’t require anyone’s permission to make a smartphone.

Something to think about when that annoying Tim Tebow commercial comes on.

15 weird roles Lost’s actors had before they became stars. That’s not the one I would have selected for Elizabeth Mitchell.

Sometimes, just asking the question is sufficient to answer it.

“Bipartisanship” is a meaningless word these days. Which, if we recognized it for what it is – and isn’t – wouldn’t be so bad.

“Deficit hawk” is pretty meaningless, too.

Yeah, that’s what I would call doing it wrong.

Reasons to like the Kubiak contract extension.

NASA, heal thyself.

Can you feel the maverick-ness? He’s basically John Cornyn with better press. I’d like to see them debate Colin Powell about DADT. I doubt any of them could explain how repealing DADT would make the armed forces any different than it is now.

The Harlem Globetrotters on ice.

This isn’t a comparison I would have thought of, but it sure does work.

Nice little government ya got there. Be a shame if anything were to happen to it.

Posted in: Blog stuff.

Endorsement watch: Statesman for KBH

The first gubernatorial endorsement of the primary season form the major dailies comes from the Statesman, which recommends a vote for KBH over Rick Perry.

Perry beats up on Washington to beat up on the senator. Washington is not an enemy of Texas and could — should — be more of a partner in resolving social, educational and environmental challenges. Grown-ups know that.

Hutchison isn’t perfect, but she’s effective, knows how to work with Democrats and doesn’t just complain about Washington. She’s learned to work effectively for Texans there.

She’s the best choice in the Republican gubernatorial primary.

It’s not at all clear that the voters in that race want or value a grownup for their candidate. Nor is it really clear that KBH still qualifies as one as she’s tried to out-pander Perry with the GOP base. I suppose she’s marginally better than Perry, for whatever that’s worth. And I suppose that’ll be enough for her to get the lion’s share of the endorsements at this stage of the game. We’ll see whether or not it matters.

Posted in: Election 2010.

The effect of the “Citizens United” decision on judicial elections

Republican attorney David Schenck makes the case in the Trib that the recent Supreme Court decision in Citizens United v. FEC, which basically said that corporations could spend money as they saw fit in political campaigns, signals the imminent death of judicial elections in Texas. I have three things to say about this.

1. I continue to be amused by the amount of attention Republicans have been giving to the flaws and dangers of judicial elections ever since the Harris County near-sweep of 2008. Prominent politicians from State Supreme Court Chief Justice Wallace Jefferson to Sen. John Cornyn have weighed in on it with proposals that were mostly irrelevant to the dangers they claimed to be worried about but which would have done a good job of addressing the problem of too many Democrats winning those races. Whatever the merits of Schenck’s arguments – and I will say, he makes a good case without being disingenuous about it – I feel confident we’ll be hearing more from that crowd again now that there’s a new angle to take on it.

2. I’m open to the idea of finding a different way to put judges on the bench, but let’s be clear about one thing: You cannot take the politics out of it. You can talk all you want about nonpartisan commissions whose charge is to find the bestest and merit-est to don the robes, but someone has to pick the members of that commission, and I guarantee that those selectors will have been elected in partisan elections. It’s not out of the question that the commission could become even more politicized than the current process of partisan elections because it will be an issue for the small number of party activists who pay attention to this stuff to rally around, much in the way that the US Supreme Court nomination and confirmation process has become a flashpoint that has little if anything to do with a potential jurist’s actual qualifications. The point I’m making is that the people who care the most about the outcome will find a way to influence that outcome. I’m not saying that this will be any better or worse than what we’re doing now, I’m just saying we shouldn’t be surprised by it when it happens.

3. Given that, it’s also entirely possible to me that the same actors who influence judicial races now could try to do the same with a “nonpartisan” nominations committee. (Needless to say, they could very easily do this for retention elections, if we went down that path. I assure you, groups like Texans for Lawsuit Reform know very well who they like and who they don’t, and the presence or absence of party labels won’t slow them down at all.) We know from the Bill Ceverha case that big donors sometimes also give money to non-officeholders for whatever the reason. Who’s to say that wouldn’t happen with Nonpartisan Judicial Nominations Committee members? And who wants the TEC to be in charge of sanctioning them when it does happen? I’d almost prefer to let the attack ads fly, because at least that would be out in the open. Again, my point is that interested parties will find a way to have influence over the outcome, we shouldn’t be surprised by this, and if we decide to go down this kind of road, we ought to really think about how we plan to deal with it.

Posted in: Show Business for Ugly People.

Term limits review commission public meeting

As you know, outgoing Mayor Bill White appointed a commission in December to study the possibility of making changes to Houston’s term limits ordinance. Via Mary Benton, the commission will have an open session for public input on this next week:

Wednesday, February 10, 2010

7:00 p.m.

City Council Chamber

Second Floor, City Hall

901 Bagby

Houston, Texas 77002

termlimitsreview@cityofhouston.net

If you want your voice to be heard, then show up and tell ‘em what you think.

Posted in: Local politics.

I-10 frontage road update

Via email from the CTC:

More than 120 residents attended an informational meeting January 6th convened by State Representative Jessica Farrar concerning proposed IH-10 frontage roads inside the IH-610 loop. Congresswoman Sheila Jackson Lee and District H Council Member Ed Gonzalez were among the speakers and other Houston City Council offices were represented.

James Koch, director of design for TxDOT’s Houston district, led the presentation along with a hydrologist and two project engineers. Koch explained that TxDOT’s goal is to eliminate flooding in the depressed section of IH-10, while residents identified reducing flooding in their homes and neighborhoods as a higher priority.

Many attendees suggested design changes to improve the project, and were surprised and dismayed when Koch revealed midway through the meeting that TxDOT had let contracts for frontage road construction earlier that same day.

Congresswoman Lee and Rep. Farrar pressed TxDOT to acknowledge that design changes can still be accomplished with change orders, and assured the audience that they will continue to work with residents to improve the projects. Phased construction is expected to begin in March 2010 and will require approximately three years to complete.

Meanwhile, proposed flood detention ponds, which are necessary to mitigate the impacts of the roadway project, are not fully designed and contracts have not been let. TxDOT will conduct a formal public hearing regarding the ponds on February 18:

What: Public hearing regarding TxDOT IH-10 detention ponds at White Oak Bayou
When: Thursday, Feb 18, 2010 – 6:00 pm open house, 7:00 pm public hearing
Where: Reagan High School auditorium, 413 E 13th St, Houston, 77007 (map)

TxDOT will also accept written public comments through March 4, 2010. Comments can be emailed to HOU-PIOWEBMAIL@dot.stat.tx.us.

You can also read more about the IH-10 reconstruction and frontage roads project and the IH-10 detention near White Oak Bayou project in CTC’s online forum.

Information about the previous meeting is here. Please attend this one if you can. Marty Hajovsky has more.

Posted in: Planes, Trains, and Automobiles.

New Schlitterbahn planned

To be built in Cedar Park, which is northwest of Austin.

The park would be built on about 95 acres on RM 1431, about halfway between U.S. 183 and Interstate 35, according to a Cedar Park Economic Development Corp. meeting agenda. The project is expected to cost about $360 million to fully develop, city documents said.

The economic impact of the project is expected to be $2.5 billion over 30 years and could create more than 1,000 jobs , according to an independent study cited in city documents.

“It is a resort destination that we’re announcing – not just a water park,” Schlitterbahn spokesman Jeffrey Siebert said.

The park would be the company’s fifth and its second largest in acreage. Other parks are on South Padre Island and Galveston Island and in Kansas City, Kan.

Siebert said the new water park might include a hotel or other features, but he did not provide details Wednesday.

The park is scheduled to be completed by 2012. This location isn’t that far from the original one in New Braunfels, so I have to wonder if it might cannibalize that site’s business a bit. On the other hand, I know from experience that the New Braunfels park can get really freaking crowded, so maybe a little of that isn’t so bad. In any event, having another Schlitterbahn option is a Good Thing as far as I’m concerned.

Posted in: The great state of Texas.

Saturday video break: Demon sheep

You really do have to see the now-infamous “Demon Sheep” ad to believe it.

Remember that scene from Altered States where William Hurt breaks out of the isolation chamber and eats a deer, and wakes up the next morning with his mouth all bloody? I think the only thing that surprised me about this video was that it didn’t go there.

Posted in: Election 2010.

Why was EZ Tag airport parking so expensive to operate?

As we know, the program that allows people with EZ Tags in their cars to use them to pay for parking at the airports is going to be shut down because it was losing money. This Chron article that examines the costs of the program raises more questions than it answers.

The Harris County Toll Road Authority has lost more than $3 million in the three years it has permitted its EZ Tag holders to use their passes to pay for airport parking, a Chronicle analysis has found.

[...]

HCTRA officials acknowledged the authority was losing about $80,000 a month to run the airport parking program when it sent the recommendation to Commissioners Court last month.

[...]

There are 1.7 million EZ Tag holders. Spokesman Eric Hanson said the authority projected about 35 percent of those would use the tags at the airports.

Instead, about 80,000 motorists used it at least once in the last year, a little under 5 percent.

Hanson said the authority came up with its projection after sending crews to the airport garages to see how many vehicles there had EZ Tags.

[...]

In both Orlando and Dallas, the airports paid for installation and operation of the equipment that reads the passes. Under its agreement with the city of Houston, which runs the airports, the Toll Road Authority picked up the tab for the EZ Tag system at the garages.

Hanson also noted that the city-run garages where EZ Tags can be used are not the only, or the cheapest, places to park at the airports.

The chief operating cost of the program was bank fees. Amegy Bank was charging the authority $70,000 a month in bank fees for airport transactions because each EZ Tag passing through a garage gate resulted in a charge for using the credit card linked to the motorist’s EZ Tag account. The authority, not the motorists, pays those charges.

According to the previous story, the monthly cost for running this program was $170,000. What was the other $100,000 a month being spent on? I guess maybe some of that was the amortized cost of the equipment, but if so that should be declining over time. I still don’t understand how this could have been so expensive to operate. I mean, surely the EZ Tag readers on the toll roads aren’t comparably expensive, are they?

The flat fee that was being charged for credit card processing was obviously a problem as well, given that it represented nearly 80% of the $90,000 in revenue this was generating each month. Maybe that made sense if you believed the usage projections, but in retrospect a per-transaction fee would have worked better for HCTRA.

And why did those projections fall so far short of the mark? Did they happen to count EZ Tags in the lots at a time when there was a freakishly large number of them, or was it the case that a lot of those folks exited the lots without using their EZ Tags to pay for their parking, perhaps because they didn’t realize it was an option? Was there something they could have done to capture more revenue, or was their model just hopelessly flawed? The two Dallas airports had nearly six times as many EZ Tag-paying customers in 2008 as HCTRA had in the part year. How is this possible?

Again, I don’t get it. This seems like it should have been a no-brainer, and yet it was a complete bust. It deserves more scrutiny to understand why.

Posted in: Planes, Trains, and Automobiles.

No RNC convention here

Thank God for small favors.

Washington-based Hotline reported Wednesday that the Republican National Committee, holding its winter meeting in Honolulu last week, had narrowed its search for a 2012 convention site to four cities — Houston, Tampa, Fla., Phoenix and Salt Lake City. The report prompted a flurry of blogs — and furrowed brows from local officials, who had heard nothing about any announcement.

Alas, the Hotline got three of the cities right, a Republican official confirmed Wednesday afternoon, but the Bayou City wasn’t among them.

I spent two weeks in 1992, the last time the RNC came to town, doing clinic defense at the Planned Parenthood on Fannin. I was part of what we called the Dawn Patrol, which started at 5 AM. I did three hours at the clinic, then went to work. It was exhausting, and exhilarating, and I’m too damn old to do that again. So thank you, RNC, for staying the hell away.

Jared Woodfill, chairman of the Harris County Republican Party, confirmed that the RNC’s Manny Rosales, outreach director for party Chairman Michael Steele, visited Houston a few weeks ago on something of a scouting trip.

“We were excited,” Woodfill said. “We reminded him that Harris County is the largest Republican county in the country, that we have plenty of hotel space, NASA and that the state is heavily Republican. And it’s the home of George H.W. Bush.”

The “largest Republican county in the country”, which, um, went blue in 2008. Heck of a job, Jared!

Posted in: Show Business for Ugly People.

It’s our own fault we missed out on SUPERTRAIN funds

So says Transportation Secretary Ray LaHood.

“If Texas had had its act together, it would have gotten some high-speed rail money,” the Obama administration Cabinet official told reporters.

Thirty-one states shared $8 billion in rail grants from the 2009 economic stimulus package last week. The only money Texas received was a $4 million grant for planning a project in the Dallas-Fort Worth area.

“We based our decision on where the money could be well-spent and jump-start opportunities around the country,” LaHood said.

“Unless a state or region has its act together, with (local) money, with a good plan that connects things, they’re not going to be in the high-speed rail business,” he said.

Well, let’s be honest. If we’re going to have a chance in the next round, we’re going to need a different Governor, because this is not a priority for the current one. And we’ll need some changes in the culture at TxDOT. Getting stuff through the Lege is always a challenge, and the 2011 session will be a lousy time to try to fund new projects, but beyond those things I don’t think there are any unique obstacles there. In other words, it’s going to take a lot of things going right, and even then it’ll be hard. But other than that, piece of cake.

Posted in: Planes, Trains, and Automobiles.

Endorsement watch: Where’s the Chron?

We’re ten days out from the start of Early Voting for the primaries, and I can’t say I’m surprised that the Chron hasn’t gotten around to making any recommendations yet. Despite managing to do the 2009 races in a timely fashion, this has been the norm for a few cycles now. What I’ve heard, though, is that the Chron has not yet screened judicial candidates, at least on the Democratic side, for the many contested races there. If so, that strikes me as a pretty big oversight, as I’m hard pressed to see how they could get them all done in a timely fashion if they’re just starting now. I’d like to try to confirm this if I can, so if you are a judicial candidate in a contested primary, Democrat or Republican, or you are connected to such a campaign, please let me know if this has been your experience. Leave a comment or drop me a note at kuff – at – offthekuff – dot – com, and we’ll see what’s going on. And if you’re a member of the Chron’s editorial board, I invite you to respond as well. Thanks very much.

Posted in: Election 2010.

Friday random ten: What part of “No” don’t you understand?

My most negative Friday Random Ten yet:

1. No Business – Bonnie Raitt
2. No Cause – Trish and Darin
3. No Hiding Place Down Here – Mutual Admiration Society
4. No Left Turns In Jersey – Eddie From Ohio
5. No Matter What Goes Right – Trout Fishing In America
6. No More Mr. Nice Guy – Alice Cooper
7. No One Does It Like You – Department of Eagles
8. No Phone – CAKE
9. No Song Sad Enough – Asylum Street Spankers
10. No Surrender – Bruce Springsteen

What’s got you shaking your head this week?

Entire song list report: Started with “Big Shot”, by Billy Joel. Ended with “Born to Run”, by Frankie Goes To Hollywood. Yes, you read that right. I have two versions by the Boss (the original and a live version from his 1975-1985 concert album), and this is a pretty faithful cover. Am I the only one who remembers that Frankie did this recording back when “Relax” was dominating the world? I think I even heard it on the radio once. Anyway, it’s song #507, meaning I listened to a whopping 168 tunes this week. I don’t think I’ll match that any time soon.

Posted in: Music.

Judicial Q&A: Raymond Fisher

(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 Raymond L. (Ray) Fisher, and I am running for the 245th Family Law District Court Bench.

2. What kinds of cases does this Court hear?

The 245th Family Law District Court Bench hears cases concerning Family Law Matters, which include divorce, and child-related matters. This includes issues pertaining to the division of property upon divorce, temporary alimony, adoption, paternity suits, family violence, enforcement of Court Orders, parental liability, change of names of adults, grand parent rights and modifying custody, visitation and child support.

3. Why are you running for this particular bench?

I am running for the 245th Family Law District Bench because I believe in the power of the Judiciary. I believe there should be a Judge on this Bench who knows the Law and who will apply the Law fairly and impartially. The Judge of this Court should be fair, impartial, and courteous at all times.

4. What are your qualifications for this job?

My qualifications to become Judge of the 245th Family Law District Court include over 34 years in private practice in matters pertaining to family law. I have practiced successfully without any sanctions from the State Bar of Texas. I have served as an Associate Juvenile Court Judge and as an Associate Municipal Court Judge. I have a breadth of experience pertaining to Family Court matters.

5. Why is this race important?

This race is important because an increasing number of cases in the Judiciary involve Family Law Matters. Proper resolution of the cases, many of which are quite complex, requires a thorough knowledge of the law and its interpretation, experience in addressing complex cases, and fairness in the application of the law.

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

I am asking people to vote for me because of my experience. As Judge of the 245th Family District Court, I am committed to serving every citizen of Harris County who appears in my Court. I will treat them with the respect that they deserve from a Public Servant. I will be fair, honest, courteous, and respectful. I will always apply the law above divisive politics because justice knows no political party. Finally, I will be the kind of Judge who will not just listen but who will actually hear – not just with my ears but also with an open mind and an open heart.

Posted in: Election 2010.

“There’s no such thing as a project like this without public money”

Dynamo President Oliver Luck throws a little cold water on the claims that a Westpark Stadium could be built exclusively with private funding.

“We have not been presented a plan by the Midway Companies,” Luck said. “I can’t say whether there’s ‘no public money’ involved.

“We (the Dynamo) won’t talk to the city or county about this deal — we have pushed that responsibility to Midway. We know what our conditions are, and basically, it’s replicating the financial structure of the downtown deal. That’s sort of a threshhold question. If they can do that, we’ll go ahead. If they can’t, it won’t happen.”

[...]

Midway recently completed a major mixed-use development in the Memorial area, City Centre, where there is a TIRZ — a tax increment reinvestment zone — in place with the city of Houston, that reinvests some property taxes into infrastructure improvements to help spur development.

Sources familiar with the Midway proposal say it is relying on extending a similar TIRZ in the Uptown/Galleria area, which ends at Highway 59, to encompass the Midway property south of Westpark.

That was news to John Breeding, who serves as executive director of both the Uptown TIRZ and Uptown Development Authority, who said neither agency is involved and is waiting to hear more.

Which comes around, again, to Oliver Luck, who knows a thing or two about stadiums from his four years as CEO of the Harris County-Houston Sports Authority. “There’s always infrastructure involved, public services that need to be provided,” he said. “There’s no such thing as a project like this without public money.”

Well, yeah. As I’ve said all along, it’s a matter of how much money the city and maybe the county would have to invest to make this happen, and whether or not that would wind up being less than what the East End stadium would require. Until there’s a real proposal on the table, we can’t make that evaluation. In the meantime, claims about “private financing” just distort the picture.

It should also be noted that the East End stadium deal is much farther along, and really just needs buy in from County Commissioners El Franco Lee and Sylvia Garcia. That deal could be completed quickly if they signed off on it. Residents in the area, who are facing the prospect that the city might view the location as suitable for a new jail facility if the stadium deal falls through, are pushing for it to get done. There’s no organized opposition to the East End proposal, while the Westpark concept would have to overcome pushback from Bellaire Mayor Cindy Siegel and possibly others. The bottom line is that if any stadium deal happens, the East End is still the heavy favorite to be the choice. David Ortez has more.

Finally, on a related note, freshman Bellaire City Council Member Corbett Parker, who has expressed support for the Westpark location and who is a friend of Oliver Luck, explains his relationship with Luck and the Dynamo.

Posted in: Other sports.

Endorsement watch: PPHSET Action Fund PAC

Some non-judicial endorsements for your reading pleasure, from the Planned Parenthood of Houston and Southeast Texas Action Fund PAC. The press release with the list of endorsed candidates is here. A brief excerpt:

:
The Board of Directors of the Planned Parenthood of Houston and Southeast Texas ACTION FUND Inc, PAC (PPHSETAF PAC) voted to endorse the following candidates for the March Primary Election. The endorsements were made based on written responses to questionnaires sent to all candidates on the ballot and on criteria established by the Board of Directors. Each of the endorsed candidates has demonstrated a strong commitment to the health and well being of Texas women and families. PPHSETAF PAC encourages all Houston registered voters to cast their ballot for candidates who support women’s health education, information and services.

I’ve included the list of candidates beneath the fold as well. As you know, this is an endorsement that I value more than many others, so please check them out. And yes, the relevant ones are noted on the 2010 Election page.

Continue reading →

Posted in: Election 2010.

Deadline for mail ballots is February 23

The following is from the County Clerk’s office:

THE CLOCK IS TICKING ON BALLOT-BY-MAIL REQUESTS FOR THE MARCH PRIMARY ELECTIONS

Houston, TX, – The last day eligible registered voters may submit a ballot-by-mail request for the upcoming Primary Elections is Tuesday, Feb. 23rd. The request must be in the Harris County Clerk’s Office by the deadline, not merely postmarked.

“It is anticipated that Harris County voters will participate in the 2010 Primary Elections in rates which are commensurate to the importance of the proceedings because of the number of contests on the ballot”, said Harris County Clerk Beverly Kaufman, the chief elections officer of the County, as she urged eligible voters to take advantage of the ballot-by-mail option and vote in the Primaries.

According to the County Clerk, this year there will be 149 contests on the Democratic Party Primary Ballot. Of those, 75 are contested elections, including 34 precinct chair positions. In the Republican primary there will be 171 contests and 5 propositions. Of those, 84 are contested elections, including 50 precinct chair positions.

With three weeks left before the ballot-by-mail application deadline for the 2010 primary election cycle, the Harris County Clerk’s office has responded to 19,483 ballot-by-mail requests, including 11,999 in the Republican primary and 7,484 in the Democratic Primary. In 2006, the last non-presidential year primary elections in Harris County, the Clerk’s office responded to 21,097 ballot-by-mail requests, included 15,680 in the Republican Primary and 5,417 in the Democratic Primary.

In Texas, voting by mail is available to registered voters who are 65 years of age or older and those who are not physically able to make it to a poll because of illness, disability, confinement or travel outside the County during the time which coincides with the beginning of the in-person early voting period and ends on Election Day.

The law affords eligible registered voters several ways to submit a ballot-by-mail request:

1.         All ballot-by-mail requests may be submitted by regular mail to P.O. Box 1148, Houston, TX 77251-1148 or by common or contract carrier to 1001 Preston, 4th Floor, Suite 440, Houston TX 77002).

2.         In-County ballot-by-mail requests may also be submitted in person but only before the beginning of early voting by personal appearance.

3.         Harris County registered voters who find themselves outside the county during the early voting period and on Election Day may also submit a ballot-by-mail request by fax (713.755.4983).

4.         An American citizen whose domicile is in Harris County and is temporarily residing overseas has the additional option of submitting a ballot-by-mail request via Federal Postcard Application by electronic mail.

For more information regarding the ballot-by-mail process or to obtain an application, voters may visit www.harrisvotes.com or call 713.755.6965.

I pass this along partly as a public service, and partly to note the partisan trends from 2006 to 2010. Make of them what you will.

Posted in: Election 2010.

Please count everyone

U.S. Census Bureau Director Robert Groves was in Laredo on Monday trying to ease some anxiety among residents there about the upcoming Census.

Border counties, flush with residents fearful of being turned over to immigration agents, are historically among the most undercounted. The Census Bureau ranks Webb County — where Laredo is located — among the nation’s hardest-to-count areas, joining a list that includes more rural places in Alaska and South Dakota.

Speaking to about a dozen colonia residents, many of whom only speak Spanish, Groves tried to allay their fears. He stressed that census data will be kept confidential and not turned over to other agencies.

“If the president asked me for your census form, I can say ‘No, you can’t get it,’” Groves told the crowd. “If I violate that law, I can go to prison.”

Groves visited the colonia with Democratic U.S. Rep. Henry Cuellar, who said his district, which includes Laredo, lost more than $55 million in federal dollars during the last census because of undercounting.

An estimated 373,000 people in Texas weren’t counted in the 2000 census. Cuellar said Texas could pick up as many as four congressional seats if every household is properly counted.

There are many bumps in the road, and it’s not just with Latino communities.

The Census Bureau is printing instruction guides and sample forms in dozens of different languages for use in community help centers, since one in five residents speak a language other than English at home. But there have been errors due to poor translations, including material for Vietnamese speakers that describe the census as a “government investigation.”

The agency was able to correct its Web material two weeks ago after groups pointed out the problem, but it’s too late to fix the paper forms, according to the report. There are more than 1.1 million Vietnamese in the U.S., mostly clustered in California and Texas.

Other gaps included a lack of specialists for the Bangladeshi community in Detroit; the nation’s third largest Korean-American population in Chicago; and the south Asian and Cambodian groups in Philadelphia and Rhode Island. In Virginia, when groups cited a need for census specialists for their Korean and Vietnamese communities, the agency responded by hiring someone who spoke Chinese.

Responding, the Census Bureau has emphasized it is devoting a large amount of its $133 million ad campaign to racial and ethnic audiences, including television spots in 28 different languages. It also worked with more than 150,000 business and community groups, hoping to build trust in its message that filling out the 10-question census form is safe and easy to complete.

Those stories were based on a report released by the Asian American Legal Defense and Education Fund. You can read their press release here and their full report, which is summarized in that release, here (PDF). They express hope that it’s not too late to fix some of these problems. I sure hope they’re right about that.

Posted in: National news.

Endorsement watch: HGLBT Political Caucus on non-judicial races

Fresh from the inbox:

CAUCUS PAC ENDORSES IN MARCH PRIMARIES

The Houston GLBT Political Caucus PAC endorsed in contested races for the March 2010 primaries this week in two membership meetings.

“We are very excited about these candidates,” said Kris Banks, Caucus president. “Government officials have a profound effect on the lives of our community. The people who hold these judicial offices will decide whether we can adopt children or whether we can change our names to the gender with which we identify. Our screening committee worked hard to identify which candidates to recommend, and our members put much thought into whom they trust with these important decisions.”

All endorsed candidates went through a rigorous screening process. First, the candidates filled out questionnaires. Some judicial candidates compared the questionnaire to taking the bar exam again. Then, the candidates met with a panel of members. Finally, the membership as a whole voted on the endorsements.

The Caucus is a bipartisan organization and opened its endorsement process to both parties, however, only Democratic candidates opted to screen. The Caucus will endorse again for the general election.

The endorsements follow:

United States Representative, District 18: Sheila Jackson Lee
United States Representative, District 22: Doug Blatt
Governor: Bill White
Lieutenant Governor: Ronnie Earle
Commissioner of the General Land Office: Hector Uribe
Commissioner of Agriculture: Hank Gilbert
State Representative, District 146: Borris L. Miles
County Judge: Gordon Quan
County Clerk: Sue Smith Schechter

I edited out the judicial endorsements, which you can see here. And of course, the appropriate ones have been noted here.

Posted in: Election 2010.

Endorsement watch: DFH and MABAH

Last night, Democracy for Houston held its endorsement meeting and sent out the following email with their recommended candidates:

Democracy For Houston met tonight to consider endorsements in the 2010 Democratic Primary for Harris County, Texas. DFH purposefully communicates with, educates, activates and empowers individuals and organizations at the grassroots level throughout the Greater Houston area. DFH also encourages individuals and organizations to become an integral part of the Democratic Party, precinct by precinct.

Phillip McNutt, Acting Chair for DFH remarked: “DFH did not vote to endorse in every race nor did we vote to endorse anyone simply because they asked for our vote. We have a large field of candidates to choose from. Our progressive values, along with the candidate’s credibility and electability are reflected in our slate of endorsed candidates, from the bottom to the top of the ticket.”

After a month-long process of screening interviews and considering candidate questionaires, the DFH membership voted tonight to endorse the following candidates with a MINIMUM vote of 70% approval of the member’s present:

The list itself is quite long, as they endorsed in uncontested primaries as well, unlike some other organizations that concentrate only on the races with multiple candidates. I’ve placed the remainder of the list beneath the fold for space purposes. Note that there are a few dual endorsements in judicial races. I have noted the DFH endorsements on the 2010 Election page as appropriate.

Also endorsing, and also added to the list, is the Mexican American Bar Association of Houston, which made recommendations for both the Democratic and Republican primaries. The format is kind of weird and a bit off-putting – I presume the smudges next to names indicates an endorsement – but at least it’s publicly available. I’ll take what I can get.

Finally, on a tangential note, just a reminder that Big Jolly has been continuing his series of judicial Q&As for the Republican primary races. He’s done 15 of them so far, all conveniently collected on this page. If you swing that way and need some insight as to which candidates to support, check it out.

Continue reading →

Posted in: Election 2010.

Judicial Q&A: Javier Valenzuela

(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 Javier Valenzuela. I am running for the position of Judge for Harris County Civil Court at Law #3. I am married to Annette Valenzuela and we have two beautiful children.

2. What kind of cases does this court hear?

Jurisdiction in the Harris County Civil Courts includes cases in which the matter in controversy exceeds $500 but does not exceed $100,000. Jurisdiction also extends as prescribed by the Texas Government Code, which includes
the following: (1) appeals of civil cases from justice courts in Harris County; (2) exclusive jurisdiction in Harris County of eminent domain proceedings, both statutory and inverse, regardless of the amount in controversy;
(3) suits to decide the issue of title to real or personal property;

(4) suits to recover damages for slander or defamation of character;

(5) suits for the enforcement of a lien on real property;

(6) suits for forfeiture of a corporate charter;

(7) suits for the trial of the right to property valued at $200 or more than has been levied on under a writ execution, sequestration, or attachment; (8) appeals of final rulings and decisions of the Texas Worker’s Compensation Commission; and
(9)
suits for the recovery of real property.

3. Why are you running for this particular bench?

I seek this particular bench because I believe this court could be run more effectively and efficiently. My goal is to create a more service oriented court with its purpose being to serve the legal community and the community at large. I believe a judge should provide an atmosphere of professionalism and respect and he or she should be the first to display those attributes. A judge should be humble and avail the court to the needs of the legal community for the prompt resolution of disputes. I believe it is incumbent on the judge to apply new approaches to managing the court’s docket, to see that cases get resolved informally or through trial, and waste as little time as possible; both the lawyers’ time, the litigants’ time and the jurors’ time. I will bring those qualities to the court.

The county civil courts have an upper jurisdictional limit of $100,000.00. Many cases in these courts are not valued up to this level. Nevertheless, whatever the value of the case, I will be conscious of the importance of every case to each individual involved. My focus will be on providing a positive professional environment that serves the citizens of Harris County while maintaining a high level of respect and dignity for those that come to my court.

4. What are your qualifications for this job?

I am running a strong campaign based on integrity and honesty, commitment and dedication. I have organized a winning team determined to make contact with voters and achieving success in March. I seek this bench because I am confident I will serve the citizens of Harris County effectively with the goal in mind to perform my judicial duties without bias or prejudice, to dispose of all judicial matters promptly and fairly, and to promote public confidence in the integrity and impartiality of the judiciary. My focus will be on providing a positive professional environment that serves the citizens of Harris County and being a true public servant. I have experience as a trial lawyer, having tried numerous cases in various civil courts, and as a mediator, serving the public as a volunteer civil and family mediator for nearly 10 years. I am confident in my ability to handle procedural and evidentiary issues and in my ability to manage a court.

5. Why is this race important?

This race is important because it is an unprecedented time for the Democratic Party in Harris County. We truly have the opportunity to turn Harris County “blue”. It is also important to be mindful that despite the significant number of candidates vying for the Democratic nomination, the choices we make regarding each candidate should focus on individuals who are ready, willing and able, to serve as a judge for the betterment of the Harris County judiciary. We should also take care to choose candidates who will be conscious of upholding high standards of ethics and principles so as not to cast other Democratic candidates or fellow judges in a bad light. The focus should be on candidates who maintain strong positive campaigns that reflect a determination to win. Harris County residents should look for these qualities when choosing the right candidate to be their judge and this election provides the opportunity to put quality people on the bench.

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

When I was growing up my parents told me to stick to what I believed in. I believe in Democratic principles, including freedom, fairness, equality and justice for all. I always have and I always will.

From my parents I learned the importance of voting and I would go with them to see first hand the process. They taught me the value of having our voices heard. I continued that practice through the last election cycle and I am proud of my record, having voted for Democrats since becoming of age. When I received the endorsement from the Coalition of Harris County Democratic Elected Officials I was honored and humbled because I respect the officials on that list. Being endorsed by individuals for whom I have voted filled me with pride. The bottom line is, I haven’t wavered, I have remained a Democrat and I will carry the principles of fairness, equality and justice for all to the bench.

I seek this bench because I am confident I will serve the citizens of Harris County effectively. I will work hard and perform my judicial duties with the utmost integrity to resolve cases promptly. Also, I am confident in achieving success in March having organized a great campaign with people who are dedicated to victory and who are strategically planning for victory in November. For more information about my campaign please visit www.javierforjudge.com.

Posted in: Election 2010.

Another Rasmussen poll in TX-GOV

Following their GOP primary poll, Rasmussen has released another general election matchup; the previous one, from only two weeks ago, is here. For the most part, it’s not any different:

A new Rasmussen Reports telephone survey of likely Texas voters finds incumbent Republican Governor Rick Perry leading former Houston Mayor Bill White 48% to 39%. Five percent (5%) like some other candidate, and eight percent are undecided.

Senator Kay Bailey Hutchison still runs best against the Democrat, leading White by 13 points, 49% to 36%. Seven percent (7%) prefer another candidate, while another seven percent (7%) are not sure.
The findings for both these match-ups are little changed from mid-January.

The surprise, as in the new Rasmussen Reports survey of the GOP gubernatorial primary, is the growing strength of Debra Medina, a businesswoman active in the state’s Tea Party movement. Medina now edges White 41% to 38%. Last month, White had a 44% to 38% lead on her. In this contest, six percent (6%) favor some other candidate, but a more sizable 16% are undecided.

I wouldn’t read too much into the Medina/White result. She’s had a couple of good weeks, thanks mostly to the two debates, which gave her the chance to do her thing without taking on much fire. It’s basically a honeymoon bounce, and should any of the other candidates start attacking her, as KBH may need to in order to draw closer to Perry, she’ll probably drop a bit. And let’s be honest, she ain’t gonna be the nominee, so these numbers are for academic interest only. White, meanwhile, is more or less still at “generic Democrat” levels, having just now started to advertise. I’d expect him to get a bit of a post-primary bounce, assuming nothing horrible happens, then he’ll have to deal with whatever comes as the attention turns to the general election race.

As always, it would be nice to get more data points, if only to see if there’s any agreement on the state of this race or not. For all we know, Rasmussen is making assumptions no one else is about the electorate. It would also be nice to see a poll that pits the Republicans against Farouk Shami, for comparison if nothing else. Finally, one wonders if the GOP electorate will take a closer look at KBH’s so far consistently better showings against White than Perry, especially in the event of a runoff. Given how inept the KBH campaign has been, I wouldn’t put too much stock in this, but it could still sway some folks if they think about it in those terms. Mary Benton has more.

Posted in: Election 2010.

The EPA hearing on smog

Here’s the Chron story on that EPA hearing on smog from Tuesday.

The EPA’s plan calls for a smog limit between 60 and 70 molecules of ozone per billion molecules of air, down from 75 parts per billion set in the final months of Bush administration. Ozone is the main ingredient in smog.

Federal regulators have said the proposed standard reflects research showing the nation’s most widespread air pollutant poses greater health risks than previously thought. Chronic exposure can trigger asthma attacks, chest pain and premature death.

The tougher stance will likely have a profound effect on Texas, where more than 25 counties could be out of compliance and in jeopardy of losing federal highway funds. By the Sierra Club’s estimate, as much as 80 percent of the state’s population would be breathing air not meeting the standard.

A press release from Clean Air Texas, which includes information on how to email comments to the EPA on this if you missed the meeting, is here. Most of the naysaying from the TCEQ and from industry shills boiled down to “it’s too hard” and “it’s too expensive”. I see this as a great opportunity for innovation and invention, which will be an economic driver going forward. It’s also the case that the pollution we experience now is plenty expensive, it’s just that those costs tend be externalized. That can’t be allowed to continue, which is what this is all about. Having said all that, it is true that only so much of this is related to manufacturing and refining, and we can only make so big a dent in it without tackling vehicular emissions. Doing that, however, requires things like better emissions and fuel economy standards, and enabling people to drive less. Needless to say, that’s a lot harder to do. But we’ve got to start somewhere, and this is the place to do it.

UPDATE: Forgot to include a link to this report on the state’s air quality (large PDF), among other things, by the Center for Houston’s Future. Fortunately, Tory reminded me about it.

Posted in: The great state of Texas.