(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.
” Many accused persons are short-sighted and would rather take an easy way out by pleading guilty than work for a better outcome.”
These people know themselves well enough to know that it is better that they just sit out their time rather than accept probation or a diversionary program they know in advance they will not be able to complete, and lowering the standards of a diversionary program to meet the lowest common denominator isn’t going to reform anyone.
People want to know that at some point, it’s over, and they walk free, rather than having the sword of Damocles hovering above them for months or years.
I know someone who has no driver’s license because he has not paid the driver responsibility surcharges for no insurance or no driver’s license. tickets. Every time he gets pulled over, it’s a new charge, driving with no license. He sits out his time for the ticket fine, but can’t sit out the time for the surcharges, so we have a guy who will never again be able to obtain a driver’s license, considering the thousands of dollars of unpaid surcharges he cannot and will not pay. He just accepts this as normal.
I bet that sounds an awful lot like the people who end up in the court this candidate is running to oversee.