(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 Priscilla Walters and I am running for Judge, Probate Court 3.
I am a native Texan; I grew up in Houston and graduated from Spring Woods High School. I studied nursing and biology in college, and graduated with honors from Texas Women’s University in 1977. I practiced nursing for ten years before entering the University of Houston Law School. I graduated in 1990 and I have had a diverse civil law practice since that time.
2. What kind of cases does this court hear?
Probate Court 3 is a Statutory Probate Court. Most Texas courts are created by the constitution, but the constitution authorizes the legislature to create other courts as necessary. Statutory Probate courts have been created by the legislature in the state’s larger counties.
These Courts have very broad jurisdiction. Generally, the Court probates wills, established guardianships for incapacitated persons and minors, supervises the administration of estates of deceased and incapacitated persons and minors, and hears matters involving trusts.
Probate Judges also hear lawsuits pertaining to or “incident to an estate” of a decedent or ward and actions by or against a personal representative of an estate. Therefore, trials are conducted for medical malpractice, wrongful death and personal injury lawsuits, to name a few. Cases involving contracts, property ownership or damage, breach of fiduciary duty, and family law are now commonly litigated in Probate Court.
3. Why are you running for this particular bench?
Probate Court 3 hears most cases in the county involving civil mental health commitments. An example of this type of hearing would be when there is a request for commitment of a person who may be a danger to themselves or others. The court also conducts medication hearings to determine the necessity of medical treatment and hearings to determine whether there should be an order to resuscitate a terminally ill person. Probate Courts make life and death decisions regarding the wellbeing of the citizens of Harris County, and the Judge should care about these issues.
The incumbent Judge Rory Olsen has done a terrible job. Witnesses have complained that he is disinterested, impatient and uncaring toward the mentally ill and toward potential wards of the court. Olsen declined a request by members of the Houston Psychiatric Society to meet and discuss their concerns! In the most recent Houston Bar Association poll, Olsen received the lowest rating among Probate Judges. The Republican dominance in the Harris County Judiciary between 1992-2008 has produced Judges who haven’t had to be accountable to the citizens of the County. They have shown a poor work ethic, bias and cronyism. That needs to change.
4. What are your qualifications for this job?
I chose Probate Court 3 because I have healthcare experience. No other candidate has any education, training or experience in the mental health or healthcare fields. In deciding on emergency health care matters, the Judge needs to understand the complexities of mental and physical diseases.
As a civil trial lawyer for the past 19 years, I have had cases in Federal courts, State district Courts and in Probate courts. I have represented individuals, businesses, school districts, families, physicians, estates, and disabled children and adults. These cases have involved contract disputes, products liability, medical malpractice, wrongful death, healthcare fraud, wrongful termination, and many other issues. My cases frequently involve estates and persons under guardianship. My range of experience is as broad as the courts jurisdiction; I have experience in more fields of law than any other candidate in this race.
During the past 29 years of my professional life, I have developed empathy for people in crisis. I have good leadership and problem solving skills. I believe that people who find themselves in the courts should be treated with fairness, dignity and respect. I want to provide the citizens of this county with excellent service without wasting their assets and without causing unnecessary stress, delay and expense. No one will work harder than me.
5. Why is this race important?
We need qualified, compassionate judges in the Probate Courts. With the exception of Probate Court 1, all sitting Probate Judges are Republicans. These judges have long enjoyed absolute job security, regardless of performance. In addition to the problems that I’ve already mentioned, there have been published accounts of judges who allowed sizable estates to be wasted by court appointed attorneys, guardians and executors. We need to restore balance to Probate Courts, and I know that I can do a better job in Probate Court 3.
6. Why should people vote for you in the primary?
I am the most qualified candidate for Probate Court 3. Unlike my primary opponent, my experience is not limited to wills and trusts. I have significant experience in almost every subject that is adjudicated in Probate Court 3. I am the only candidate with Healthcare education, training and experience. I have 19 years of civil courtroom experience in courts of various jurisdictions. I am a lifetime Democrat, and a sustaining member of the Party. I am excited about the prospect of serving the citizens of Harris County, and I hope to have your vote in the March 2, 2010 Democratic Primary.