(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. Much more information about Democratic primary candidates, including links to the interviews and judicial Q&As, can be found on Erik Manning’s spreadsheet.
Justice Peter Kelly
1. Who are you and in which court do you preside?
Justice Peter Kelly, First Court of Appeals, Place 9.
2. What kind of cases does this court hear?
Civil and criminal appeals. “Civil” includes traditional business and personal injury lawsuits, family, probate, landlord-tenant, and juvenile justice matters. We sit in panels of three, and only hear argument from lawyers–we do not decide facts, so we do not preside over juries, and the vast majority of the cases are decided on the briefs or written submissions of the parties. Unlike the Texas Supreme Court or the Court of Criminal Appeals, which are courts of discretionary review (meaning they can pick and choose which cases they want to hear), we must resolve every case presented to us.
3. What have been your main accomplishments during your time on this bench?
Efficient resolution of cases, with well-written opinions. We strive to reach the substantive merits of each case, and not dispose of them on technicalities. Prior to my election, I practiced civil appellate law for more than twenty years (and received board certification in the field along the way) and have been on the select Texas Supreme Court Advisory Committee for over a decade. This experience has given me the technical expertise to craft resolution of cases that are fair, equitable, and just, and that will not be reversed by the Texas Supreme Court.
4. What do you hope to accomplish in your courtroom going forward?
More of the same! As an intermediate appellate court, we are bound to follow the statutes passed by the Legislature and interpreted by the Texas Supreme Court. I will continue to nudge the law in a more fair direction, to ensure those who are negligent are held responsible for their actions.
5. Why is this race important?
The US Supreme Court decides some truly important issues, but the vast majority of one’s daily life is governed by state law, and conflicts are resolved by state courts. Divorces, wills, mortgages, insurance and real estate disputes, almost all of criminal law–all governed by state law. Because the Texas Supreme Court and Court of Criminal Appeals only take 150 cases a year between them, the intermediate appellate courts such as mine are the last stop for most litigants. Experience and in-depth knowledge of procedure are crucial to reaching proper and fair results in the cases we hear.
6. Why should people vote for you in March?
I am a lifelong progressive Democrat–I worked on the Carter and Mondale campaigns–and I have the skills and expertise to render justice fairly. The office is a public trust–it should not be given to someone who simply wants it, but to someone who has worked to get the experience to do it well.
Justice Kelly is an excellent appellate judge and lawyer who deserves reelection in 2024.