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David Fleischer

Judicial Q&A: David Fleischer

(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.

David Fleischer

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

My name is David Fleischer and I am running for Harris County Criminal Court at Law Number 5. I have an amazing wife and three sweet young kids, Jake age 7, Julia age 5, and Rachel age 2. I am a first-generation Hispanic Houstonian whose family hails from Santiago, Chile. I am a lifelong democrat and graduate of University of Houston (go Coogs) and Western Michigan Cooley Law School.

2. What kind of cases does this court hear?

This is a County Court at Law that deals with criminal cases, Class B and Class A misdemeanors. Class B misdemeanors are punishable by zero to one hundred and eighty days in jail and/or up to a two thousand dollar fine. Offenses that are Class B include assault, driving while intoxicated (first offenses and those with breath/blood alcohol concentration under .15), and driving while license invalid. Class A misdemeanors are punishable by zero to three hundred and sixty-five days in jail and/or up to a four thousand dollar fine. Some Class A misdemeanors include assault (bodily injury), DWI (second offender or.15 or above alcohol concentration), resisting arrest, and possession of a controlled substance.

3. Why are you running for this particular bench?

The current Judge is retiring and this will be an open bench. We need to ensure that the Judge that is elected is qualified and has the proper judicial temperament to deal with the hundreds of cases that pass through the court every week. We have a progressive sheriff, chief of police, and District Attorney; we are the last link to making local government progressive. I strive to change the culture of the judicial system, advance opportunities for all persons, as well as promote programs that aim to reduce mass incarceration and unjust punishment. Even today, minorities continue to suffer from the lack of equal justice in criminal cases. This injustice can take many forms. For example, some issues that must be addressed are the difference set in bail bonds, unequal representation and disparate sentencing. Sentences should reflect the gravity of the offense, not the color of one’s skin, place of birth or gender. As judge, I will make sure that everyone is treated equally. Lack of economic resources will not dictate whether someone is provided a competent defense. I will fight to change the culture of the criminal justice system to prevent innocent people from pleading guilty.

4. What are your qualifications for this job?

I was licensed to practice law in November of 2004. I have my own law practice and have been helping persons accused with crimes since that time. I only handle criminal cases, and in Harris County have represented over six-thousand, four hundred persons accused with crimes. My clientele consists of people charged with either felonies or misdemeanors, with most of the work focused on the latter. Additionally, my practice is devoted to representing indigent persons. This is via appointment by the current Harris County Judges. Moreover, I am Hispanic and speak fluent Spanish. Therefore, a majority of my cases involve minorities. The volume of cases I have handled has given me considerable experience in dealing with prosecutors, judges, and accused persons. I know the system, people, and procedures to be able to run a court efficiently. I also volunteered on the State Bar Grievance Committee for six years. This is the committee that disciplines lawyers for unethical behavior. This was a very eye-opening experience that enabled me to see the darker side of lawyering and make me strive to improve our profession in every way possible.

5. Why is this race important?

We have the opportunity to advance criminal justice to a more progressive form. The ultimate goal is to reduce the number of persons committing crimes. We can achieve this through education and counseling; we can help close the revolving door of the criminal justice system and help people appreciate consequences of certain acts and behaviors. Many accused persons are short-sighted and would rather take an easy way out by pleading guilty than work for a better outcome. With the proper motivation, we can change this. Diversionary programs, that ultimately end in a dismissal of charges, are a great enticement to help someone keep their record clean and more importantly teach them the value of not re-offending. I plan on taking a proactive, progressive approach to tackle these underlying issues.

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

My longevity as a criminal defense lawyer, experience in dealing with criminal cases and negotiating with prosecutors, judges, and accused persons; as well as working for the State Bar of Texas Grievance Committee have given me with the tools to be a resourceful, compassionate, and fair judge. This is valuable knowledge that is only gained through experience. Oftentimes persons who are inexperienced will, invariably, make poor decisions on issues before them which affect every person involved and waste countless resources. Most importantly, bad decisions can make bad law. I will strive to ensure that justice is sought and provided to everyone equally, without regard to economic status, color, gender or orientation.

Endorsement watch: County criminal courts

One last round of judicial endorsements.

Judge, County Criminal Court No. 2: Harold J. Landreneau

Harold Landreneau earns our endorsement for this primary slot with a significant caveat. Landreneau, 49, needs to shed the communication style of a chief clerk of a justice of the peace court, a job he held for over a decade, and assume the more deliberate and focused demeanor of a member of the judiciary. It’s not enough to be courteous to litigants: To be an effective manager, a judge needs to be concise.

Judge, County Criminal Court No. 5: David M. Fleischer

In this toss-up race to replace Judge Margaret Stewart Harris, our endorsement goes to David M. Fleischer, a graduate of Western Michigan University Cooley Law School over Armen “Hammer” Merjanian.

Both candidates believe in more emphasis on rehabilitation in the county criminal court system. Even though Merjanian’s noble goal of ending mass incarceration needs more refinement, both candidates showed passion for changing a system that’s set in its ways and that needs much improvement. Fleischer, 43, has eight more years of experience as criminal lawyer than Merjanian. The idealistic Merjanian – whose five years of experience barely exceeds the statutory minimum for this bench – has the potential to be a good judge. While we’d strongly urge Merjanian to run again, voters should cast their ballots in this primary contest for Fleischer.

Judge, County Criminal Court No. 7: Andrew W. Wright

The first thing you’ll notice about Andrew W. Wright is his long rockstar-style hair and beard – not what voters are used to seeing on a judge. The reasons for his copious coiffure? He’s growing out his hair to donate it, and the beard covers up a double chin.

Wright’s experience as a lawyer is significantly more traditional. The South Texas College of Law Houston graduate has been practicing law for over a decade, and has been exclusively practicing criminal defense for eight years. Wright, 35, has endorsed personal recognizance bonds as the norm for misdemeanor court – we agree – and assured us that, hairstyle aside, he plans on staying to the straight and narrow of his judicial responsibilities. That includes helping first offenders, supporting the expansion of diversion courts and sentencing the worst criminals to the highest punishment possible for county criminal courts – one year in jail.

Judge, County Criminal Court No. 11: Gus Saper

A Jewish lawyer appointed to represent a general in the Aryan Brotherhood? That sounds like it could have been a movie, but it’s only one case in candidate Gus Saper’s 43-year career as a criminal defense attorney. With the Harris County Criminal Justice Center out of action for another two years due to Hurricane Harvey, this bench needs a resourceful judge like Saper.

A graduate of the South Texas School of Law Houston, Saper, 69, has the depth of knowledge and the historical perspective to know how to upgrade the procedures in this court to make them more courteous and efficient even with limited resources.

Judge, County Criminal Court No. 12: Juan J. Aguirre

Juan J. Aguirre started his career in law by working alongside his father – a courthouse janitor in Del Rio.

“I got my baptism into the law field by cleaning up the courtroom,” Aguirre told us at his screening.

Since then he has graduated from South Texas School of Law Houston and worked for the past 16 years as a criminal law attorney, first as an assistant district attorney for Harris County and then as a criminal defense attorney. Aguirre, 51, takes pride in his mentorship of young lawyers, advising them to delve deep into their profession by visiting the crime scene and the crime lab and riding with the police to see what law enforcement sees. Before becoming a lawyer, Aguirre worked as a city planner and manager after obtaining a Masters of Urban Planning from Texas A&M University.

Judge, County Criminal Court No. 13: Raul Rodriquez

Raul Rodriquez, 58, is our choice for the Democratic primary. With 28 years of experience practicing criminal law, Rodriquez is well-qualified. This naturalized citizen is a clear communicator who also happens to be bilingual. He has judicial experience, having served as city of Houston municipal court judge for 12 years. Finally, he displays the right temperament for the judiciary.

The South Texas Law Center Houston graduate told us, “I believe it’s important for a judge to be involved in a community and to know what goes on there.”

Judge, County Criminal Court No. 15: Kris Ougrah

In this race between two young, passionate lawyers, we encourage Democratic voters to back Kris Ougrah, who told the editorial board he is running to improve the future of Houston’s youth. A graduate of the Thurgood Marshall School of Law, Ougrah, 40, promises to take personal interest in setting young offenders on the right path in life. He also wants to run a mentorship program. However, we would recommend that Ougrah, who had a habit of being overly loquacious during his editorial board interview, focus on the judicious practice of a succinct comment.

Ougrah has been practicing law about twice as long as his opponent, Tonya Jones, who was admitted to the bar in 2011.

Relevant Q&As: Harold Landreneau, Armen Merjanian, Gus Saper, Kris Ougrah. One from Davis Fleischer is in the queue.

As noted before, that finishes off the judicial category for the Chron. They still have a lot of other ground to cover. In the meantime, it’s apparent that in some of these races, there are very clear choices, one candidate who got recommended by every group they screened with. In others the decision is tougher, but that’s because both of the options are good. I can’t complain about that.