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James Horwitz

Judicial Q&A: James Horwitz

(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.

James Horwitz

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

James S. Horwitz, and I am a Democratic candidate on the March 6, 2018 primary ballot for the Judge for Harris County Probate Court #4.

2. What kind of cases does this court hear?

Unfortunately as we all learn sometimes too soon, life is finite and will ultimately end in death. Additionally, age, diseases, and injuries impact our abilities to be self sufficient. Our society, as represented by our legislature, determined that for these reasons, all of us could use assistance in managing some or all of our daily affairs and ultimately our estate after our death. These activities are often managed by the intervention of Probate Courts. The Texas Constitution grants the Texas Legislature the authority to determine which court handles probate matters.

As a result of the efforts of our Texas Legislature, 10 of the 15 largest counties (specifically including Harris County) have Probate Courts. These Probate Courts handle matters of (i) the administration of the distribution of the assets of a decedent (one who has died), (ii) guardianship issues, (iii) issues regarding trusts; and (iv) in this Harris County Probate Court # 4, the determination of involuntary commitments of individuals to mental health institutions.

In regard to the administration of the distribution of the assets of a decedent (one who has died), the Court must:

(1) look to the laws of descent and distribution if one has died without a Will such as by granting an Order of Administration; and
(2) give judicial approval to the personal representative to administer matters of the estate;and
(3) determine the validity of Wills; and
(4) make orders concerning the provisions of a valid Will (by issuing the Order Admitting a Will to Probate); and
(5) rule on issues of breach of fiduciary duties by executors and administrators of estates.

Because Texas utilizes independent administration of a decedent’s estate, once an applicant’s paperwork has been presented to the Court and approved, that person as a representative of the Decedent’s estate can operate free of any further involvement/supervision by the Probate Court. The vast majority of cases (90%) before the Probate Court are of this nature which allows the Court to operate in merely an administrative function.

In contested matters involving probate with a Will, a Probate Court (1) examines the genuineness of a Will; and/or (2) whether the Will was made under duress or that the Will is not the last Will written by the deceased person. It is the job of the Probate Court to decide which Will is authentic. Once that determination is made, the Probate Court appoints an Executor to fulfill the terms of the Will. In many cases, an Executor is named in the Will and the court appoints that person. The Executor then executes the Will according to the deceased person’s wishes as stated in his/her Will.

When age, diseases, and injuries impact our abilities to be self sufficient, the establishment of a guardianship can occur. A guardianship is a relationship established by a Probate Court between the person who needs help – called a ward – and the person or entity named by the court to help the ward. This person or entity is known as a guardian. In Texas, a person does not have a guardian until an application to appoint one is filed with the court, a hearing is held and a judge then appoints a guardian. When the court appointment is made, the person the guardian cares for becomes the ward. There are different types of guardianships available in Texas. They are:

• Guardian of the person, full or limited
• Guardian of the estate, full or limited.
• Guardian of the person and estate.
• Temporary guardianship.

In addition to individuals, entities and guardianship programs can be appointed guardians. Guardians have legal responsibilities and are required to perform certain tasks and make reports to the Court while providing assistance to their wards.

The Probate Court should look at the individuals and programs willing to be guardians and base the appointment of guardians on several factors including: a preference to appointing a qualifying family member or another loved one such as a partner as guardian rather than guardianship programs or court appointed attorneys. The Probate Court also should establish how much freedom a ward may have to make his/her own decisions. The Probate Court should decide limitations on a guardian’s authority.

Finally this particular probate court has a mental health docket that can determine when folks are incapaciated and need hospitalization to protect themselves from harming themselves or the public from possibly being harmed from such an individual.

3. Why are you running for this particular bench?

Civic engagement and community involvement have been an integral part of my public life since college. I see my job as a judge to be the natural progression of my abilities to continue to help the community. I believe in ensuring the law is equitably and honestly applied. I also believe we should seek ways of reducing costs for parties needing to appear before the Probate Court, such as encouraging more mediation. However, a unique aspect of my platform is working to create more community outreach. A Probate Judge should be impartial but not isolated from the community that elects he or she. As a private attorney for more than 40 years I have assisted individuals develop their estate plans utilizing Wills, Trusts, Powers of Attorney and other ancillary documents necessary for a comprehensive estate plan. My platform as a candidate for the probate bench is to expand that activity to include county wide activities. I believe the Probate Court should interact with the community far more than it currently does, with special emphasis on certain issues such as:

1. According to the legal database Lexis Nexis, nearly two thirds of adults in Texas do not have a will. In Texas, this is called dying intestate. Basically, if you do not have a will, then the State Legislature writes one for you. The “legislature-written will” tries its best to effectuate the person’s most-likely intent, but people are inherently different and unique. A common issue is that a person who has a spouse and two children (born to that spouse)would not, under the “legislature-written will,” give their entire estate to the widowed, even though many would-be testators would seek to do this if given a chance. There cannot be an executor if the person dies without a will. The court must appoint an administrator instead, which often requires approval from the court for a plethora of routine acts. This can spend valuable money and time better served going to the deceased’s loved ones.

I want to help the Harris County community write more wills. I think the county and the court system ought to be more active in the community, encouraging folks to write wills and be familiar with the law.

If I could change the law, I would prefer for folks who cannot afford an attorney to be provided one by the Probate Court in order to do things like write wills. But I am running for the Bench, and not the Legislature, so I want to best inform people, if hiring a lawyer is infeasible for any reason, how to take the most advantage of a law.

Texas embraces an old concept called the Holographic Will. This basically means a handwritten will. In Texas, a will written entirely in one’s own handwriting may be admitted to probate even without the byzantine formalities required of type-written wills. This provides a cheaper option for those who may be economically unable to retain an attorney.

I will help the Harris County community learn how to write holographic wills, or formal wills, whichever individuals may prefer, so that their final wishes may be respected easier and cheaper than intestacy.

2. An obstacle that often prevents folks, including those in our community, from seeking justice or remedies via the judiciary is the persistence of rumors, which are often incorrect. There is sometimes misconceptions about what the law says or what is excludes. In seeking out the community, I specifically want to help disprove persistent myths.

For example, Estates Code §201.060 prevents discrimination against heirs or devisees (basically, anyone who stands to receive something through the probate process) based upon their, to use the word in the statute, “alienage.” Since the Constitution of the Republic of Texas, this state has eschewed the old common law rule that allowed for inheritances only to citizens. So whether or not someone is a citizen is immaterial to whether or not they can inherit.

3. Additionally, there is no legal prohibition against writing a will in a foreign language. Wills need not be written in English in order to be admitted to probate.

4. Another issue in the community is that of Medical Powers of Attorney, Durable Powers of Attorney and Advanced Directives (Living Wills). I wish to better inform the community of what these documents mean, how to create them and why most folks should consider using them.

This is another example where I fear rumors can dissuade folks from executing what are otherwise imperative documents. For example, a Medical Power of Attorney or an Advanced Directive does not necessarily mean you are consenting to someone “pulling the plug,” so to speak.

These documents can be as detailed as the person creating them wants them to be. They can retain whatever powers the creator wishes to be retained.

I often say in my practice that there are few things one can really get their way. A significant activity that a person can have their way is in regard to their estate plan and probate matters. These forms do not box the creator into anything but what they choose, and are invaluable for making decisions after one is unable to do so.

5. Another aspect of the Probate Court system is the guardianship process. In Texas, if a person is deemed unable to care for him or herself, often an elderly or disabled person, then a guardian is appointed to care for that person. Most often it is a family member or other close friend, but sometimes, if none are available or the judge thinks such choices are too risky, a guardian ad litem is provided. Such a guardian ad litem is a professional paid for by the estate assets.

There are sometimes horror stories of abuses by such professionals. Fortunately, Harris County has a fairly robust system to clamp down on abuse, and entities such as the Senior Justice Assessment Center (SJAC) has arisen of late to protect such people from abuses, neglect and exploitation. Like other community projects, I believe that the best way to protect against inequities is to be prepared in planning one’s estate. Designating agents in powers of attorney (including a durable or medical one) is one such opportunity.

But the judge has discretion to determine when friends or family are insufficient guardians. I promise to make that determination holistically, looking at not just economic factors but social ones as well, in recognition of what is in the best interest of the family overall.

4. What are your qualifications for this job?

I have practiced law for more than forty years in Harris County, Texas. I have represented thousands of clients in regard to their estate planning and their needs in Probate Court as well as at all levels of civil, corporate, criminal, family, juvenile and appellate courts in Harris County, as well as a multitude of other counties in Texas. My extensive background in family law is a definite asset in probate work since the determining the proper characterization of community versus separate property is essential when dealing with intestate estates and the distribution of such assets to relatives of the deceased individual. The probate court also has concurrent jurisdiction with the Civil Courts involving issues such as wrongful death/personal injuries that can affect a person’s estate or well being. For more than four decades I have represented individuals and families of individuals that have been presented with such terrible circumstances. I have handled all types of probate matters repeatedly for more than 40 years. A successful judge should include the qualities of experience, wisdom, compassion and knowledge. I certainly have the experience and knowledge base from the decades of legal practice. The wide variety of my legal practice has provided me with the wisdom to understand all types of people, recently divorced, accused criminals, business owners, disabled children and elderly parents all among them. All of my experiences provide me with the wisdom, and I believe the compassion, to be a successful judge. As I mentioned above in this questionnaire, the vast majority of work handled by the Probate Court is administrative non-contested matters. It is when a matter is contested, needing a trial that my long experience and acquired knowledge as a trial lawyer become so necessary to be a successful judge.

Additionally, being involved in the community helping to service the needs of those individuals that can be impacted by the Probate Court is a unique qualification for a probate judge. Having and showing compassion is in my opinion is a necessary ingredient for this probate bench. I work with families of disabled children helping those families get legally mandated special needs services from the public school. I have continuously worked as a volunteer at the Harris Center for Disabled Individuals. Recently in 2017 because of my history of working with incapaciated individuals, District Attorney Kim Ogg appointed myself and former Sheriff Adrian Garcia as Co-Chairs of Harris County District Attorney Kim Ogg’s mental health issues in the criminal justice system transition committee. I authored the report on this subject which was presented to District Attorney Ogg.

5. Why is this race important?

The Judge must be very familiar with the law and able to rule on legal matters including the admissibility of evidence and the procedures required to conduct trials and hearings. Uncontested matters will be heard by a judge. Contested matters will be heard by a trier of fact, either the judge alone or by a jury.

If a matter is solely before a judge, the judge is the ultimate decision maker as to the credibility of the evidence presented. In that case no one else has more power than the judge as to the believability of the facts presented. In those instances, the judge is the Supreme Court of the facts and the law of the case since the judge must decide whether testimony is credible. As a judge, that person is an officer and representative of the government. He or she cannot allow personal or religious views to cloud one’s judgment. He or she must uphold the law and apply them to all citizens equally. Having qualified individuals be on the bench in Harris County, Texas is required in order to protect the rights of all individuals that come before the Court. Ideology has no place in our judicial system.

For far too long in Harris County, Texas , Republican judges have imposed their belief systems upon our community that can impact their decisions when on the bench. One need to look no further than the decision of the Republican judges not to marry anyone. That decision is based upon the fact that if a judge agrees to marry a couple, that couple might be a same sex couple and the republican orthodoxy in Harris County does not support same sex marriage. Imagine a same sex couple that have not been formally married and one of those individuals die without a Will. A probate judge without an ideological bent could weigh the evidence fairly in a determination of whether the couple were common law married.

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

Probate Court, as an administrative court, has an unusually high percentage of routine cases that are merely rubberstamped by the court. It is when there is a contest that trial experience becomes so necessary. When I began my legal practice, my primary opponent hadn’t even been born. Experience counts. For forty years, I have represented thousands of clients in estate planning and probate court as well as at all levels of the civil, criminal, family, and juvenile courts in Harris County, Texas, including also a multitude of other jurisdictions in Texas. According to the district and county clerk records of Harris County, my primary opponent has not appeared in any civil cases. Wisdom counts. My sound judgment has been gleaned from over four decades of work providing assistance to individuals and their families through my dedication to quality, my understanding of the foibles of people, and my understanding of the law. Compassion counts. I have the life experiences that have demonstrated my care for the unfortunate, the disabled, and the grieving.

Endorsement watch: Judges and more judges

For probate court.

Judge, County Probate Court No. 2: Michael Newman

Candidate Jim Peacock told us that temperament is the key issue in this race, and it’s true that good judges should be courteous, calm and respectful. But whether a candidate’s experience prepares him to don the black robe is easier to ferret out than whether his temperament is suited for it.

While Peacock and his opponent, Michael Newman, 61, have each been practicing law for more than three decades, Newman has handled more cases in the probate courts. The University of Houston Law Center graduate has practiced probate law for 19 years, and he’s running because he is tired of appearing before judges who don’t know the law, don’t know how to apply the law or who have prejudged his case.

[…]

Voters should cast their votes for Newman in this primary contest, and Peacock should run again. The winner in this race will face Republican candidate Ray Black in the general election.

Judge, County Probate Court No. 4: James Horwitz

James Horwitz worked early in his career as a social worker, and he’s running for this bench because it helps with the probate courts’ mental health docket. In his family law, estate planning and probate practice, Horwitz, 68, spent 40 years dealing with the grieving, the divorced and the disabled. The University of Houston Law Center graduate also wants to use the bench as a bully pulpit to help the community.

I’ve got a Q&A from Peacock here and from Galligan, whom the Chron also urged to run again, here. I’ve got one from Horwitz in the queue. These are tough races, with each candidate getting some support along the way.

In the meantime, here are the endorsements in the civil courts.

District Judge, 55th Judicial District: Latosha Lewis Payne

Our nod goes to Latosha Lewis Payne in this coin toss race. Both Payne and her opponent, Paul Simon, have spent 18 years practicing law and each has attained excellence in their respective careers. Both candidates have devoted significant volunteer time to helping indigent people secure needed legal representation. What’s more: Both candidates displayed a clear understanding of the present inefficiencies of this court and suggested thoughtful ways to improve them. Payne was raised in Acres Homes, graduated from the University of Texas Law School and went onto become a partner at a major Houston firm.

District Judge, 113th Judicial District: Rabeea Collier

Voters should cast their ballots for the more seasoned candidate in this primary contest. To put it simply, Rabeea Collier, 35, has the requisite experience to serve on this bench. A graduate of the Thurgood Marshall School of Law, Collier has practiced for more than a decade, currently specializing primarily in civil litigation, and has brought a considerable number of jury trials to verdict. She also earns high marks on her ability to communicate courteously and clearly, important skills for an effective civil district court judge.

District Judge, 189th Judicial District: Scot “dolli” Dollinger

The candidates for the Democratic nomination for this seat are among the most affable and personable of any whom we have screened. Both men are qualified, possess the appropriate temperament for the bench and appear to be in the race for reasons of public service. But decide we must, and Scot “dolli” Dollinger stands out for the intangible attributes of focus and advocacy that he exhibited during the screening.

Fred Cook has the advantage of a broader legal background, having tried banking, bankruptcy, construction, contract disputes, insurance, oil and gas, real estate and trust cases, while Dollinger’s practice revolves around personal injury suits in which he has represented both insurance companies and plaintiffs. Although Dollinger’s legal experience is narrower in content, he’s gained the distinction of being board certified in his field.

District Judge, 234th Judicial District: Lauren Reeder

Lauren Reeder, 33, earns our support for her crisp communication style, her impressive academic background and her passion for the job. This Harvard Law School graduate has experience in both civil and criminal matters; she started at a big law firm working on complex civil litigation and is now at the district attorney’s office trying felony cases.

District Judge, 269th Judicial District: Cory Sepolio

How can civil district judges use their position to ensure that everyone, wealthy or poor, receives true justice in their courts? We pose that question to candidates throughout the endorsement process, and Cory Sepolio’s precise answer reveals an admirable jurist in the making.

“The biggest thing to fix the playing field is jury service,” Sepolio said during a meeting with the editorial board. “One of the problems I see all the time is that folks that are flying down here with all the money and defending themselves, they have more representation in the jury box than the mom and pops. We need to get with the clerk’s office and we need to expand the pool of possible jurors.”

District Judge, 281st Judicial District: George Arnold

George Arnold has 26 years of experience in civil litigation, primarily insurance defense. He also appears to have the even temperament exhibited by the best judges. But the Baylor Law School graduate earned our support for his crisp communication style and his thoughtful specificity about ways to improve the existing system. Arnold, who will be 51 on the March 6 primary voting day, promised, if elected, to act on unopposed motions within three business days, to schedule hearings within 14 days of request through the use of contingency settings and to find an online scheduling system that can be implemented.

Whew! Here are all the associated Q&As:

Paul Simon
Scot Dollinger
Shampa Mukerji (269th)

Like I said, there are some tough choices, and there are some where there appears to be a consensus. I’ll definitely be leaning on the endorsements this year.

Endorsement watch: Probate courts

The Chron makes its endorsements for Probate Courts, and as they have done recently stayed mostly with incumbents while having nice things to say about the challengers. The one Democrat they recommended out of the four races was as follows:

Jerry Simoneaux

Harris County Probate Court No. 3: Jerry Simoneaux

A former probate court staff attorney, Democratic challenger Jerry Simoneaux is the right choice for this bench. A certified mediator who has practiced probate law for 13 years, Simoneaux, 48, graduated from the South Texas College of Law.

Incumbent Republican Judge Rory Robert Olsen has presided over this court since 1999. With a law degree from Duke University, an LLM from Southern Methodist University and a Master of Judicial Studies from the University of Nevada, Olsen, 65, has become an expert on the bench when it comes to mental health issues in probate. A prolific writer on the topic, he has recently worked on an assisted-outpatient treatment program with the Mental Health and Mental Retardation Authority of Harris County. However, Olsen’s energy has begun to fade, and he has developed a reputation as an inconsistent judge. Voters should thank him for his years of service and send him out on a high note.

As it happens, Simoneaux is the one candidate out of four for whom I have not yet received Q&A responses. I previously published Q&As with James Horwitz and Kim Bohannon Hoesl, and will have one with Josefina Rendon next week.

In other endorsement news, the Chron also endorsed Big John Cornyn for re-election, in decidedly non-ringing fashion. Some choice quotes:

But voters should know that Cornyn is a Republican first and a Texan second. For a man who has served in elected office since 1986, Cornyn remains unfocused on issues of importance to Houston and the Gulf Coast.

Meeting with the Chronicle editorial board, it seemed as if coastal storm surge protection was a new topic for Texas’ senior senator. When asked about his position on the Ike Dike, Cornyn responded, “I don’t even know what that is.”

Discussing the nuances of exporting crude, Cornyn admitted, “I don’t pretend to understand these things.”

Way to make our alma mater proud, John. Elsewhere, the Star-Telegram joined the Sam Houston bandwagon, while the Dallas Morning News joined the chorus of Mike Collier fans. Let me quote a bit from the FWST piece, since it’s about as succinct a case against Ken Paxton as you’ll see:

The Republican nominee, lawyer and state Sen. Ken Paxton of McKinney, is undeserving of consideration.

Paxton was fined $1,000 and still may face a felony investigation.

In May, state securities regulators found Paxton sent clients to an investment firm without registering or disclosing his own paid role.

It happened three times. A 2012 violation is within the five-year statute of limitations.

Paxton should know better.

No candidate to lead “the people’s law firm” should ever have misled a client, a state board or the people of Texas.

Anyone want to argue with that? By the way, there apparently was a Ken Paxton sighting the other day, in which Paxton admitted in passive-voice fashion that he had indeed committed a crime but that he stands lawyered-up and ready to fight the charges against him when they are finally filed. If that’s not a compelling campaign story, I don’t know what is.

Finally, the DMN went red in the races for Land Commissioner, Ag Commissioner, and Railroad Commissioner, in the latter case because they valued industry experience more than not being another industry insider, in the former case because they naively think Baby Bush might somehow turn out to be Not That Kind Of Republican, and in the middle case for reasons unclear. Maybe Sid Miller was the only one that showed up, I dunno.

Judicial Q&A: James Horwitz

(Note: As I have done in past elections, I am running a series of Q&As for Democratic judicial candidates on the November ballot. This is intended to help introduce the candidates and their experiences to those who plan to vote. I am running these responses in the order that I receive them from the candidates.)

James Horwitz

James Horwitz

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

I am James Horwitz. I have operated my own law firm for 37 years in Houston, Texas. I am the Democratic candidate for Judge in Harris County Probate Court No. Four (4).

2. What kind of cases does this court hear?

Unfortunately as we all learn sometimes too soon, life is finite and will ultimately end in death. Additionally, age, diseases, and injuries impact our abilities to be self sufficient. Our society, as represented by our legislature, determined that for these reasons, all of us could use assistance in managing some or all of our daily affairs and ultimately our estate after our death. These activities are often managed by the intervention of Probate Courts. The Texas Constitution grants the Texas Legislature the authority to determine which court handles probate matters. As a result of the efforts of our Texas Legislature, 10 of the 15 largest counties (specifically including Harris County) have Probate Courts. These Probate Courts handle matters of:

(i) probate (with or without Wills)

(ii) guardianship issues,

(iii) issues regarding trusts; and

(iv) the determination of involuntary commitments of individuals to mental health institutions

3. Why are you running for this particular bench?

I believe my experience as a lawyer best matches up with that of my opponent. I began practicing law in 1977. The 4 existing probate judges were licensed respectfully in 1973, 1980, 1982, and my opponent in 1997. My law practice is now spent helping families cope with aging and the transitions required in moving assets between generations. My varied background beginning with my social work experience and legal work with the general public involved in business as well as the court system provides me with the tools necessary to be a judge in probate court.

4. What are your qualifications for this job?

There are no short cuts to experience and especially wisdom. I have practiced law for thirty seven (37) years, more than twice as long as my opponent. Before that I was a social worker working with families in crisis. When I began my legal practice, my opponent hadn’t even begun first grade. Experience counts. For thirty-seven (37) years, I have represented thousands of clients in estate planning and probate court as well as at all levels of the civil, criminal, family, and juvenile courts in Harris County, Texas, including also a multitude of other jurisdictions in Texas. Wisdom counts. My sound judgment has been gleaned from nearly four decades of work providing assistance to individuals and their families through my dedication to quality, my understanding of the foibles of people, and my understanding of the law. My experience and wisdom is the result of working, now in my fourth decade, with the grieving, the divorced, the criminal, and the incompetent – all of which provides me with a unique perspective to understand and address the needs of those that come before me as a judge in probate court.

5. Why is this race important?

Everybody sooner or later is involved in probate court-as the deceased, the heir, the guardian, the ward, and/or a creditor. Every family is different and in the next 4 years the definition of what is a family is going to expand. Our society and our community needs individuals with a varied and balanced background as judges to make a fair and impartial decision based on the facts every time, balancing the needs of the individual versus the needs of society.

6. Why should people vote for you in November?

Voters in Harris County should vote for me to bring an independent voice to the Probate Courts utilizing the law and fairness with compassion. Judges should be impartial but not isolated. Judges are elected from the community and Judges should be involved in the community. It is the civic duty of all elected officials to not only do their job well, but also to educate the public relevant to the governmental functions in their office. I believe one of the obligations of the job of probate judge is to educate the public on the methods by which individuals can use self reliance and simple actions in order to maximize their decision making on their own well being and estates so that the government role’s is minimized as to determining the most personal decisions in a person’s life. That is why I will speak to all interested groups on these topics now and when elected. I will follow Texas law as I know it with the utmost regard to the Constitution of the United States. I need your vote.

Endorsement watch: For Christie

The Chron endorses freshman CM Jack Christie in At Large #5.

Jack Christie

Jack Christie

At-Large council members act as a sort of minister without portfolio. While district council members focus on constituent issues, at-large members can set their own agendas. The previous incumbent for At-Large Position 5, Jolanda Jones, said her goal was to serve as “the voice of the voiceless.” Not everyone liked what they heard. Her calls for scrutiny slowed down business as usual at City Hall – for better or worse. Several of Jones’ fellow council members, not to mention former Mayor Bill White, united behind Jack Christie to defeat Jones in 2011. He won in the runoff.

Despite his low-profile status at City Hall, one would be pressed to find an incumbent on Council who faces such animosity from challengers. Their criticisms have little to do with his overall performance and instead focus on a single point: Christie doesn’t support vaccinations.

Christie has served for three terms as a member of the State Board of Education and three terms on the Spring Branch Independent School District Board of Trustees, but he’s also a chiropractor, and as one he has as deep skepticism of modern medicine. This came to light during a vote to accept a federal grant that would fund flu shots for poor kids and the elderly. “You don’t die from the flu,” Christie remarked at council, casting the only no vote.

People do die from the flu – thousands in U.S. every year. Christie’s conspiracy theories have no place in public policy. These unfounded fears of vaccinations have led to the return of once-scarce illnesses. For example, a measles outbreak struck 25 people in Newark, Texas, this past August, centered around a church whose senior pastor had criticized vaccinations.

To his credit, Christie expressed his dangerous position, cast his protest vote and moved on.

I’ve interviewed CM Christie three times now – here is this year’s interview. I find him to be engaging and likable, and generally speaking I think he’s been a decent Council member. But the vaccination issue just gobsmacks me. I know people who share his views; I’m related to at least one of them. This belief that vaccines are harmful defies all logic and reason, is based on a fraud, and yet is unshakeable in its adherents. It’s also demonstrably dangerous, as the measles outbreak cited by the Chron made clear recently. It would be one thing if this belief were strictly a personal matter, but we’ve already seen that it directly intersects with Council matters. Christie’s opponents are right to hammer on it, and the Chron is wrong to dismiss them for it. It’s true that CM Christie’s irrational opposition to that grant amounted to little more than a meaningless “No” vote, and that unlike some other Texas politicians I could name, he didn’t do any further damage to the system or the process for the sake of defending his indefensible belief. But he doesn’t deserve a pass for it. If the Chron didn’t think that either James Horwitz or Dr. Carolyn Evans-Shabazz were suitable for Council, then perhaps they should have taken a pass on this race. At the very least, they should have taken their own stated concerns more seriously.

Anyway. As noted, my interview with CM Christie is here, and my interview with James Horwitz is here. I did not interview Dr. Evans-Shabazz, but she did a Texpatriate Q&A; Horwitz also did Q&As from Texpatriate and Texas Leftist. The Chron ran two endorsements yesterday, but I decided to treat them as separate posts this time. I’ll blog about the other one tomorrow. Finally, Noah Horwitz, one of the Texpatriate bloggers and the son of James Horwitz, sent a letter to the editor of the Chron in response to their endorsement of CM Christie, which I have reproduced below. These are his words and not mine – I’ve said my piece above – but I agreed to print his letter in case the Chron didn’t.

(more…)

Interview with James Horwitz

James Horwitz

James Horwitz

My last planned interview for City Council At Large races is with James Horwitz, who filed a few days before the deadline in At Large #5 against CM Jack Christie. Horwitz is an attorney, the owner of his own firm, doing the legal equivalent of general practitioner work. He is also the father of Noah Horwitz, one of the Texpatriate bloggers. I will have one last Council interview tomorrow, having finally caught up with a candidate I had previously been unable to schedule time with. There will be more interviews to come beyond these, but for now here’s the interview with James Horwitz:

James Horwitz interview

You can see all of my interviews as well as finance reports and other information on candidates on my 2013 Election page.

The 2013 lineup

So many candidates.

He’s baaaaaaack…

More than 60 candidates have filed to run for city of Houston elective office this fall, many of them rushing in before the 5 p.m. Monday deadline.

[…]

Atop the ballot, [Mayor Annise] Parker is challenged by wealthy attorney Ben Hall, conservative Eric Dick, repeat Green Party candidate Don Cook, and six others. City Controller Ron Green is opposed by accountant Bill Frazer.

The ballot’s most crowded council race, with 11 contenders, will be for District D, the south Houston seat held by term-limited Wanda Adams, who has filed to run for a seat on the Houston ISD board.

Looking to succeed Adams are several candidates who have sought the seat or other council posts before, including Dwight Boykins, Larry McKinzie, Lana Edwards and Keith Caldwell. First-time contenders include Anthony Robinson, a businessman and lawyer who was exonerated after serving 10 years in prison for a crime he did not commit, and Houston Housing Authority vice-chair Assata-Nicole Richards, who briefly was homeless and went on to earn a doctorate in sociology.

[…]

Other notable filings include Issa Dadoush, who formerly ran the facilities department for the city, then HISD. He will challenge incumbent Councilman C.O. Bradford. Perennial candidate Michael “Griff” Griffin – who said his 10th failed bid for City Council in 2011 would be his last – also filed, against At-Large 1 incumbent Councilman Stephen Costello.

So we will have Griff to kick around again. Whoop-de-doo. No, I will not be interviewing him. My to-do list is a little longer now, but it doesn’t include Griff. Life is too short.

I’m still working on my 2013 Election page, since there are some names that remain unknown to me. I’ll wait and see what the final list of candidates on the City Secretary page looks like before I declare the page finalized. Some races are no different – At Large #2, Districts A, C, and I. Apparently, neither Chris Carmona nor Al Edwards filed in At Large #3, leaving that field a bit smaller than I’d have expected. The Bradford/Dadoush race in At Large #4 is potentially interesting. I know of at least one more candidate in At Large #5, James “father of Noah” Horwitz. And my God, could we possibly have more Mayoral candidates?

The big non-city-race news is the retirement of HISD Trustee Larry Marshall.

Marshall, who turned 81 in June, first was elected to the board of the Houston Independent School District in 1997. He could not be reached for comment Monday.

The other four incumbents up for re-election are running, and two face opponents.

A civil lawsuit filed by a construction contractor in late 2010 put Marshall under intense scrutiny, accusing him of a bribery and kickback scheme with his political campaign treasurer to help certain construction firms land HISD contracts.

The Houston Chronicle also has reported that the FBI and U.S. Attorney’s Office had launched a criminal investigation tied to the lawsuit.

[…]

The candidates running for Marshall’s seat are: W. Clyde Lemon, who served on the board in the mid-1990s; City Councilwoman Wanda Adams; Anthony Madry, a former HISD assistant principal; and Coretta Mallet-Fontenot.

I need to update the District IX race on the 2013 Election page, but I have the other races right – Anna Eastman versus Hugo Mojica in I, Harvin Moore versus Anne Sung in VII, and nobody versus Mike Lunceford in V and Greg Meyers in VIII. At least these races are straightforward.

Not mentioned as far as I can tell are the HCC Trustee races. Five trustees are up for election, thanks to the two appointments. Two incumbents, Neeta Sane and Bruce Austin, have no opponents that I am aware of. Yolanda Navarro Flores, who in 2011 lost a defamation lawsuit against her colleagues, is opposed by educator Zeph Capo and civic activist Kevin Hoffman, who narrowly lost to Navarro Flores in 2007. Herlinda Garcia, a former trustee who was appointed to fill the seat vacated by State Rep. Mary Ann Perez in HCC 3, is opposed by Adriana Tamez and Dane Cook. Leila Feldman, appointed to replace Richard Schechter after he resigned, is opposed by Phil Kunetka. Among other things, this means that the tail end of my interviewing schedule will be fuller than I originally thought it would be. As I said, these are the races I’m aware of. If I’ve missed anything, let me know. Stace and Campos have more.