(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 Trent Gaither and I am running for the 248th Judicial (Criminal) District Court of Harris County
2. What kind of cases does this court hear?
Felony cases of all levels, including but not limited to (1) violent crimes resulting in serious bodily injury or death; (2) most crimes against children; (3) major drug cases; and (4) theft/fraud and other property crimes where value is over $1500.
3. Why are you running for this particular bench?
In my opinion, the incumbent on this bench is and has been a major contributor in developing and applying the failed policies and bad decisions of the past decade which in turn have contributed to Harris County being viewed by legal communities around the country as a joke. I’m not saying she is a bad person, we just have diverse views on significant and fundamental issues relating to the law and the legal process. Nothing personal, just business – the people’s business.
4. What are your qualifications for this job?
* 23 years as a trial lawyer in state and federal courts – primarily criminal defense, but have also handled civil cases including personal injury, wrongful death, and commercial litigation
* extensive trial experience defending all types of criminal cases – from DWI to major fraud and other complex white collar cases (criminal and civil) to murder;
* trained by the best trial lawyers in Houston;
5. Why is this race important?
It can have a major impact on the overall administration of criminal justice in Harris County for years to come. We are potentially on the verge of major breakthroughs in several areas that effect that administration. With the right people, we can make that happen.
Examples:
(1) Indigent defense: For the first time, serious consideration is being given to creation of a public defender office. Right now, all that has been approved is a pilot program of limited application. We need leadership from the bench to make sure that program is properly implemented and administered while working toward expansion for all indigent persons.
(2) Credibility: The prospect of an independent forensic crime lab remains viable, although the City elections have stalled discussions. Input from the judiciary will be crucial to get the project back on track and in assessing and implementing the project and expediting the transition.
(3) Jail Overcrowding: our jails are overloaded to the point where the politicians (only two or so years after abject defeat) are once more crying for more jails. At the same time, the judges continue to follow bonding practices based on presumptions of guilt or the ability to pay rather than proper legal principles. Pre-trial services has been turned into what can only be described as a pre-trial probation department rather than it’s intended purpose. Judges continue to blindly follow a bond schedule that is arbitrary at best and is likely partly unconstitutional. Finally, according to the County Attorney, 60 % of the current jail population is made up of inmates awaiting trial. These folks are presumed to be innocent, their cases given priority for trial. Yet they remain jailed for at the expense of Harris County taxpayers for months and often years without being heard. There is something wrong with that picture.
6. Why should people vote for you in the primary?
1. Experience – both in terms of quantity and quality;
2. Credibility and respect from the legal community as reflected in:
– an “AV” rating from Martindale-Hubbell, the only recognized national peer review rating system
– selected as a Best Lawyer for Criminal Defense by H-Texas Magazine (a local peer review rating group)
– selected as a Best Lawyer for the People by H-Texas Magazine
3. Courage to explore and implement new and novel ideas in relation to docket control, case management, and rehabilitative programs to enhance productivity in the court and maximize the potential of probationers to become assets to the community rather than burdens to the taxpayers
4. Judicial Integrity – My rulings and decisions will be based on the law, not on a preconceived notion of what the outcome should be and not on the hope or expectation that some appellate judge will claim my screw-up to be “harmless error”
5. Confidence – I believe that the most important function of a trial judge is presiding over hearings and trials in a fair and impartial manner, not the ability to spew out plea admonishments. My trial experience both as lead counsel and as support for other top flight lawyers in often long and complex cases allows me a unique perspective in fulfilling that prime directive.