Judicial Q&A: Judge R.K. Sandill

(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.

Judge R.K. Sandill

1. Who are you and in which court do you preside?

I am Judge R.K. Sandill, and I have presided over Harris County’s 127th Civil District Court since 2009.

2. What kind of cases does this court hear?

State civil district courts have original jurisdiction for civil actions over $200 that do not involve issues related to family proceedings, juvenile cases, or criminal actions.

3. What have been your main accomplishments during your time on this bench?

Since my inauguration in January 2009, I have resolved more than 21,000 matters and tried over 1,600 cases. I am the only civil district court judge in Harris County who adjudicates all cases filed in his court, including seizure/forfeiture and tax cases.

I have also worked to expand access to the justice system by requiring implicit bias training for all court appointees, incorporating anti-bias instructions in all my jury charges, and allowing for the automatic rescheduling of trials for all lawyers who are expecting the birth or adoption of a child.

4. What do you hope to accomplish in your courtroom going forward?

I want to continue my legacy of progress for Harris County District Court to make justice more inclusive. That can be done by expanding accommodations to the average citizen who cannot readily attend court, participate in juries, or see the court as a place where only bad things happen to regular people. Expand my ad hoc mediation program that allows for free mediation so parties can settle disputes without huge financial burdens.

I plan to incorporate AI into daily court processes to make the more routine parts of the judicial process more efficient.

5. Why is this race important?

The decisions made in civil court have profound social and economic impacts throughout our county, state, and nation. Those impacts touch the lives of persons far beyond the parties involved in any given case. We see more and more that our very Democracy is being challenged in courts across the country, often beginning in the district courts. I want to remain on the bench to ensure that the rule of law is followed and that the residents of Harris County have hard-working jurists who operate with fairness and integrity.

6. Why should people vote for you in March?

When I was elected in 2008, it was a monumental shift in Harris County politics. It paved the way for Democratic majorities in County Government, a new Democratic Congressional district, and increasing the size of the Harris County Democratic Legislative delegation. There is now a poignant attack on democracy and it has been slowed in our courts. We must hae our best in these positions, and I believe my experience and record show I am prepared to serve another four years.

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Early voting for the 2024 primaries begins today

From the inbox:

Harris County Clerk Teneshia Hudspeth announces that Tuesday, February 20, starts Early Voting for the March 5 Joint Primary Elections. The polls are open February 20 to March 1, 7 a.m. to 7 p.m., except Sunday, February 25, noon to 7 p.m. Harris County has countywide polling, which means voters can go to any of the 79 early vote centers open across the county.

“Political parties hold primary elections to determine their candidates for the November General Election,” explained Clerk Hudspeth, the county’s chief election official. “While this is a presidential election this year, voters will also vote for Texas officials running for office at the federal, state, and local levels.

In Harris County, the Democratic Primary has 119 races, and the Republican Primary has 122. However, voters will only vote in contests connected to the address where they are registered. Voters will see from 56 to 65 contests on their ballots, depending on where they registered to vote and which primary election they are voting in. Voters can view and print a sample ballot to take to the polls on our website.

“Texas is an open primary state; citizens do not have to register with a party to vote,” added Clerk Hudspeth. “During an election cycle, voters may participate in either primary election but not both. At the polls, voters must choose whether they want to vote in the Republican or Democratic primary when they check in.”

The following forms of photo ID are acceptable when voting in person:

  • Texas Driver’s License issued by the Texas Department of Public Safety (DPS)
  • Texas Election Identification Certificate issued by DPS
  • Texas Personal Identification Card issued by DPS
  • Texas Handgun License issued by DPS
  • United States Military Identification Card containing the person’s photograph
  • United States Citizenship Certificate containing the person’s photograph
  • United States Passport (book or card)

Voters who do not possess and cannot obtain one of these forms of photo ID may fill out a Reasonable Impediment Declaration (RID) at a Vote Center and present another form of ID, such as a utility bill, bank statement, government check, or voter registration certificate.

Additional election information is available at www.HarrisVotes.com . For news and updates, follow us on social media at @HarrisVotes.

See here for more on the joint primary, which may be a one-off or may be the new normal depending on what the next Lege does. We at least will have only one page to print and scan now, so hopefully that will facilitate things a bit. You can find the early voting locations here and here. I may pick a new place to try this year, there are a couple between where I live and where I work that I’ll consider. If you’re not in Harris County, Houston Landing has some information for you about where to vote.

Here’s a list of all my interviews and Q&As so far:

Karthik Soora, SD15
Michelle Bonton, SD15
Molly Cook, SD15
Rep. Jarvis Johnson, SD15
Todd Litton, SD15
Beto Cardenas, SD15

Nasir Malik, SD07

Annette Ramirez, Tax Assessor
Danielle Bess, Tax Assessor
Jerry Davis, Tax Assessor
Desiree Broadnax, Tax Assessor
Claude Cummings, Tax Assessor

Christian Menefee, Harris County Attorney
Umeka Lewis, Harris County Attorney

Kim Ogg, Harris County District Attorney
Sean Teare, Harris County District Attorney

Amanda Edwards, CD18

Pervez Agwan, CD07
Rep. Lizzie Fletcher, CD07

Melissa McDonough, CD38
Gion Thomas, CD38

Marquette Greene-Scott, CD22

Danny Norris, HD142

Lauren Ashley Simmons, HD146
Ashton Woods, HD146

Mo Jenkins, HD139
Charlene Ward Johnson, HD139
Rosalind Caesar, HD139

Justice Richard Hightower, First Court of Appeals, Place 8

Justice Peter Kelly, First Court of Appeals, Place 9

Justice Jerry Zimmerer, 14th Court of Appeals, Place 3
Velda Faulkner, 14th Court of Appeals, Place 3

Justice Charles Spain, 14th Court of Appeals, Place 4

Justice Meagan Hassan, 14th Court of Appeals, Place 6

Judge Kyle Carter, 125th Civil District Court
Lema Mousilli, 125th Civil District Court

Judge R.K. Sandill, 127th Civil District Court

Nicole Perdue, 133rd Civil District Court
Brandi Croffee, 133rd Civil District Court

Judge Mike Engelhart, 151st Civil District Court
Erica Hughes, 151st Civil District Court

Judge Robert Schaffer, 152nd Civil District Court
TaKasha Francis, 152nd Civil District Court

Judge Cheryl Elliott Thornton, 164th Civil District Court
Joy Dawson Thomas, 164th Civil District Court

Jill Yaziji, 165th Civil District Court

Judge Brittanye Morris, 333rd Civil District Court
Tracy Good, 333rd Civil District Court

Allison Jackson Mathis, 338th Criminal District Court

Vivian King, 486th Criminal District Court

Judge Julia Maldonado, 507th Family District Court
Lillian Alexander, 507th Family District Court – coming tomorrow

Juan Aguirre, County Criminal Court at Law #16
Ashley Mayes Guice, County Criminal Court at Law #16

Fran Watson, County Probate Court #5
Chavon Carr, County Probate Court #5
Troy Moore, County Probate Court #5

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Endorsement watch: Sticking with SJL

The Chron, in what I believe is its final endorsement of interest for this cycle, stays with Rep. Sheila Jackson Lee in CD18.

Rep. Sheila Jackson Lee

Jackson Lee, Espinosa told us, “has a track record of really stepping in for families.”

That record rarely shows up in the Congressional record, where the congresswoman is consistently ranked one of the most effective lawmakers. But what really makes her effective is her seniority, her institutional know-how, and her ability to get the right person on the phone when her constituents need it — whether it’s opening an emergency warming shelter in northeast Houston during a hard freeze or making sure a grieving grandson can make his evening flight.

That’s why we are sticking with Congresswoman Sheila Jackson Lee and encourage voters to do the same.

We did not meet with Robert Slater, whose fundraising numbers suggest he’s not a viable candidate in this competitive race.

But the other competitor in this primary cannot be written off. The impressive Amanda Edwards, 42, is the first real threat to Jackson Lee since she took office since 1994. Edwards’ policy chops and savvy (she’s a municipal finance attorney) made her a standout on Houston City Council. She was also out in the community fixing up homes after Hurricane Harvey.

Edwards was hailed as a rising star in 2019, when she stepped down from City Council. But since then, she’s struggled in elections: First she got buried in a crowded primary race for U.S. senator in 2020. Then, after she entered the Houston mayor’s race, Jackson Lee jumped into it at the last minute, undermining Edwards’ likely sources of support. Edwards dropped out of the mayor’s race, and ran for what appeared to be Jackson Lee’s open congressional seat.

If Jackson Lee had won the mayor’s race, Edwards would have been a shoo-in for this seat. But of course, Jackson Lee didn’t win. And now she wants to keep her old seat.

There’s a chance that Jackson Lee’s mayoral loss has hurt her enough to leave the door open for Edwards. In this race, Edwards has raised far more money than Jackson Lee. The younger candidate has, it seems, used that money in part for glossy campaign videos that present her as the candidate with a fresh perspective with deep Houston roots, ready to take the torch.

On policy issues, there’s little difference between the two candidates. And in a few areas, including technology, we even believe Edwards would be the better policymaker. She wants to think about systems — whether immigration or disaster recovery or health care — to get things done more efficiently. In our meeting, she recalled her father’s battle with cancer: “I happen to be someone who, at a very early age, witnessed systemic breakdowns,” she said.

Most elections, as others have noted, boil down to “Experience matters” versus “It’s time for a change”. That is entirely the choice here, and I understand anyone making either one. (Those who will vote for Slater, I have to ask: What election did you think you were voting in?) You can listen to my interview with Amanda Edwards here; I trust you know enough about Rep. Jackson Lee to do without an interview, though I did try to get you one. As I noted before, my gut says that Rep. Jackson Lee will win, but it won’t be easy and I won’t be shocked if this intuition is wrong. If there’s any polling data out there, I am unaware of it.

In re: SJL’s mayoral debacle maybe hurting her in the CD18 primary, Campos (a big Whitmire booster) thinks it should. I disagree – I don’t think this Mayoral election was nastier in any way than others were. That’s partly because SJL had no money in the runoff, which contributed to her margin of defeat and quite likely the lack of nastiness, since she had no budget for any scurrilous attacks, at least of the old fashioned kind. That same lack of resources might be keeping this race on the civil side as well; there are plenty of Edwards ads out there, but they’re all about her. We’ll see if that makes a difference.

Further reading: this Trib story about the CD18 primary. Much of it is ground we have covered here – the Mayor’s race and its timing, Edwards’ fundraising advantage, that recording of SJL berating staffers – but this bit was of interest:

The runoff election for the Houston mayor’s race stretched over nine congressional districts overlapping Harris County. Jackson Lee beat Whitmire among voters in her own district but only by a narrow two-point margin. Vincent Sanders, a Harris County Democratic Party precinct chair, said that’s a signal that the congresswoman could be vulnerable.

“It did show some cracks in that solid image of Congresswoman Sheila Jackson Lee,” he said. “That’s kind of where we are and it did show that she was somewhat vulnerable,” he said.

Jackson Lee’s battle to retain her seat is made tougher by 2021 redistricting, Sanders said. because the 18th district now inhabits more young white professionals who do not have the same level of loyalty to her as longtime district residents.

“A lot will come down, I think, to turnout and particularly the ability of Edwards to turn out younger voters and Anglo voters, because if the turnout is predominantly African American and older, that’s going to benefit Congresswoman Jackson Lee,” [Rice poli sci prof Mark] Jones said.

There’s something to what Vincent Sanders says, though again I think her lack of money for the runoff needs to be taken into account. No money means no ground game. I firmly believe that one reason SJL scored fewer votes in December than in November is that she didn’t have the resources needed to remind her voters that they needed to get back out there and vote again. Job #1 in any election is to make sure everyone you want to vote for you knows there’s an election and that you’re in it. Hard to do when you don’t have any money.

But again, we’ll see. The rest of that story reminds us that while Edwards has scored some nice endorsements, SJL still has tons of institutional support, and that will carry some weight in a primary. We’ll know soon enough.

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Judicial Q&A: Justice Jerry Zimmerer

(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 Jerry Zimmerer

1. Who are you and in which court do you preside?

Jerry Zimmerer, incumbent Justice 14th Court of Appeals, Place 3.

2. What kind of cases does this court hear?

The Texas Court of Appeals primarily hears cases involving appeals from trial courts in both civil and criminal matters. This includes

  • Civil Appeals: These can involve various issues such as contract disputes, family law matters (e.g., divorce and child custody), personal injury claims, property disputes, and appeals from administrative agencies.
  • Criminal Appeals: These cases involve appeals from criminal convictions in trial courts. The Court of Appeals reviews whether errors during the trial affected the case outcome or violated the defendant's rights.
  • Juvenile Appeals: Cases involving juveniles, including delinquency matters and appeals from decisions of juvenile courts.

Overall, the Court of Appeals serves as an intermediate appellate court in the Texas judicial system, reviewing decisions from trial courts to ensure they were made correctly and fairly according to the law.

3. What have been your main accomplishments during your time on this bench?

When I took office, I had three primary initiatives for my first term:

  • 1st was to eliminate the backlog.
  • 2nd was to use my office as a vehicle to promote democratic values.
  • 3rd was to help facilitate our Democratic Primary Process through a series of voter education tools.

I have succeeded in each of these initiatives. But I am not done; I have more to do next term.

4. What do you hope to accomplish in your courtroom going forward?

  • I hope to maintain a prompt docket, writing clear opinions that help explain the law.
  • I want to help develop and support the State Bar of Texas in creating a new specialization called "Effective Administration of Justice." This would create a new credential for judges and help them develop processes to run court dockets better and manage cases.

5. Why is this race important?

The appellate court's role is to provide a forum for the resolution of legal disputes, interpret laws, and ensure that the government's actions align with the principles outlined in the Constitution. The appellate courts ensure a system of checks and balances, promoting accountability and preventing any branch from accumulating unchecked power.

6. Why should people vote for you in March?

  • Education Matters: I hold three law degrees, did my internship at MD Anderson Cancer Center, and am credentialed by the A.A. White Institute in International Commercial Arbitration.
  • Experience Matters: This year, I will celebrate 40 years as a practicing trial lawyer and judge.
  • Family and Life Experience Matters: I come from a long line of strong women. I have raised two strong daughters.
  • Endorsements Matter: AFL-CIO, LGBTQ+, BAND, and others.
  • Caring Matters: More than all the above, I care about the state of our judiciary. Our courts should not be extensions of our political parties but rather a place for reason to prevail.
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Our one page ballot

Good news.

Harris County voters and election workers can look forward to one major improvement in the upcoming March primaries: the county’s lengthy ballot now fits on one piece of paper, rather than two.

The change is due to a recent software upgrade from Hart InterCivic, the manufacturer of Harris County’s voting machines, that allows the ballot to be printed with two columns.

“We typically have one of the largest ballots in the nation,” said Harris County Clerk Teneshia Hudspeth, who took over election duties in September after the Texas Legislature abolished Harris County’s elections administrator position.

Hudspeth said reformatting the paper ballot was near the top of her list of priorities when she took on the role.

[…]

Harris County had 12,833 spoiled ballots in the Nov. 2022 election, a high volume that resulted from frequent paper jams, according to the Texas Secretary of State’s office preliminary audit findings.

Auditors found that multiple voting locations reported problems specifically with the acceptance of the second page of the ballot.

In the weeks after that election, then-Elections Administrator Cliff Tatum called for improvements to the system that would reduce the number of paper jams.

Election judges have been surprised and relieved to hear about the one page ballot, Hudspeth said.

County officials are considering it a big win, as well.

“Clerk Hudspeth and her team deserve a ton of credit for making this change happen,” said Precinct 2 Commissioner Adrian Garcia’s spokesperson Scott Spiegel. “Doing democracy in Harris County just got a whole heck of a lot more efficient because of this effort.”

Very good to hear, although one wonders what took them so long. Formatting a second column hardly seems like a breakthrough in graphic design or technological innovation. I know enough to know these things can take more time than you’d think they might, but still. Better late than never. And pour one out for Cliff Tatum, who recognized the problem but wasn’t able to be there for the fix.

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Endorsement watch: Really? That guy?

For some reason, the Chron endorses Rep. Harold Dutton in HD142.

Rep. Harold Dutton

As a graduate of Fifth Ward’s storied Wheatley High School, Rep. Harold Dutton has never equivocated on his legislation that enabled the state takeover, or “giveaway,” as Dutton calls it, over poor performance. And he still doesn’t express regret despite drawing two primary challengers who question it.

“When I looked at the reading scores for third graders, it was appalling,” he said of the schools in his district. Sure, he’s pushed for higher literacy standards and more screening for reading disorders for students to get the help they need, but for many he’s simply the guy who brought state-appointed Superintendent Mike Miles to town.

[…]

[T]his board has found common ground with the representative’s sense of urgency around the issue of schools and systems that fail students routinely. We endorsed him in the last primary that he very nearly lost.

This time around, his challengers shared an emphasis on education but both objected to the takeover and the loss of local control. Both were passionate but failed to persuade us they’d be better legislators in this tough political climate than the incumbent has been. Danyahel “Danny” Norris, 43, a studious lawyer, current plaintiff in a legal challenge to Texas voter laws and a former professor who helped expand adult education opportunities as a member of the Harris County Department of Education board, said he would’ve preferred other options, perhaps fining districts with bad scores and reinvesting the funds in struggling campuses. Attempting to manage a district’s budget this way doesn’t strike us as a better idea.

Clint Horn, 48, a personable pastor who works in leadership learning and development at MD Anderson Cancer Center, underscored the need for more accessibility to elected officials, something constituents currently displeased with Dutton might relish.

Their priorities largely overlapped with Dutton’s: fully funding public education, supporting early childhood education and opposing school vouchers, for example.

As for differences, while both challengers dinged Dutton for his decision not to cast a vote on the impeachment of Republican Attorney General Ken Paxton, the biggest divide seemed to emerge around transgender-related legislation. Horn described himself as holding a lot of conservative views and also being willing to listen to others. He sided with Dutton on several issues, including bills Dutton supported to require youth athletes to compete only according to their gender assigned at birth and another to ban puberty blockers and hormone therapy for trans kids. Norris diverged here saying the bills were overzealous.

My interview with Danny Norris is here. That picture of Dutton, which is from his campaign website, has got to be from his freshman legislative year of 1985. Click on the link to the Chron’s editorial to see something contemporary. If that were his biggest sin I wouldn’t care. It’s time for a change, let’s just leave it at that.

Next, the Chron endorses Bill Burch for Railroad Commissioner.

Bill Burch

Bill Burch recalls being one of the first people on the scene when a blowout on the Deepwater Horizon oil rig in the Gulf of Mexico caused a massive explosion. As a well-control emergency response expert, he’s been called to help manage oil-related disasters across the globe from Algeria to Kuwait to the Niger Delta.

Few of these disasters, he said, rival the level of groundwater contamination and environmental malpractice he’s seen all across Texas as a result of the lax oversight of Texas’ oil and gas industry. While the Texas Railroad Commission purports to both promote that industry and protect the state’s natural resources, the reality is the agency has, for years, only shown interest in doing half of that job. Christi Craddick, the incumbent Republican chairwoman on the commission whose seat Burch is vying for, is so entrenched in the industry that she owns numerous mineral interests and refuses to recuse herself when the agency makes rulings on companies whose stock she owns.

Burch, 49, brings a level of expertise — and, we would hope, integrity — that is sorely lacking in the agency. He has a deep understanding of the technical complexities of drilling, wastewater disposal and even seismic activity, which has become a significant problem in parts of the oil-rich Permian Basin in West Texas. Even though he’s never run for office or held a government post, there is no question Burch has done his homework on the Commission. He can rattle off the number of districts the agency oversees and the inadequate number of inspectors they employ. If elected, he said he would propose dispersing inspectors across the state to monitor hundreds of oil wells and rigs, and push to raise their pay to attract and retain quality talent. Critically, for an agency that allows oil and gas companies to vent and flare methane and other toxic gases into the air with impunity, Burch said he would reject every requested flaring permit except in emergency situations.

“The Railroad Commission is intentionally set up to be a self-funded, self-regulated industry with lack of resources,” Burch told us. “They don’t want environmental regulations in the state of Texas. Under-funding the agency removes their ability to have any kind of teeth to hold operators accountable and enforce the laws.”

I got nothing for you on this one, I didn’t try to do interviews for this race. Just didn’t have the time to make it a priority. Check out Burch’s website and that of his opponent, Katherine Culbert, to learn more. The Chron cited Culbert approvingly as well, saying she had the proper qualifications but they preferred Burch. At least we don’t have any Grady Yarbrough types this time around. I note with some interest that the Erik Manning spreadsheet shows Culbert as having voted in the last four Republican primaries. That’s always going to stand out – sometimes that means the person is a convert, sometimes it means they’re up to no good. Looking at her website and her personal and campaign Facebook pages I don’t see anything that sets off red flags for me. But look for yourself and see what you think.

The Chron endorses Ashley Mayes Guice for the new Harris County Criminal Court at Law #16.

Ashley Mayes Guice

Fortunately, Harris County Democratic voters have two accomplished primary contenders competing for the bench. Juan J. Aguirre, 57, is a Del Rio native who has been a criminal defense attorney in private practice for nearly two decades, with experience in all 16 misdemeanor and 26 felony courts. Although he has been practicing for nearly a decade more than his opponent, Ashley Mayes Guice, we were more persuaded by the kind of experience Guice has under her belt, and feel certain she would hit the ground running.

Guice, 40, was raised in Katy and has practiced criminal law since 2011, with stints as a prosecutor and as a public defender. She has “sat in every seat in a courtroom a lawyer could possibly sit in,” she told us.

In 2022, after Judge Erica Hughes of Criminal Court-at-Law No. 3 was appointed to a federal immigration bench, Harris County Commissioners Court named Guice her replacement. Guice said she wasted no time in her 11-month tenure, presiding over four jury trials and decreasing the docket size by 20 percent. After the timing of her term didn’t allow Guice to run for the bench as an incumbent, the county court-at-law judges voted to keep her on as staff attorney. That birds-eye view Guice has gained by offering legal and ethical assistance to the judiciary on an administrative level would serve her well as a judge, helping her to run her docket smoothly and efficiently.

We appreciated that both Aguirre and Guice were sensitive to factors that lead to recidivism, as well as issues of indigent defense and mental health jail diversion. But Guice stood out for her evenhanded take on bail, which she was adamant about not using “as an instrument of oppression,” she said, even as she has revoked bonds in cases where someone charged with a misdemeanor went on to commit a higher-level offense.

My judicial Q&A with Ashley Mayes Guice is here, and my Q&A with Juan Aguirre is here. Always nice to have two strong choices.

And finally, the Chron went for another judicial challenger by endorsing Lillian Alexander in the 507th Family District Court.

Lillian Alexander

Judge Julia Maldonado, the county’s longest-serving family judge, is its lowest-ranked. In the 2023 Houston Bar Association poll, 51% of responding lawyers gave her “Needs Improvement,” the lowest grade. For “Demonstrates impartiality,” 52%. For “Follows the law,” 54% flunked her. For “Is courteous and attentive to attorneys and witnesses,” 58%.

She told us that she treats “everyone with dignity and respect” but we’ve seen problems with her temperament during our most recent endorsement screening and ones in the past.

Our editorial board values experience, so we tend to favor incumbents. In this case, Maldonado’s time on the bench leads us to believe that someone else would do a better job.

Her opponent in the Democratic primary, family law attorney Lillian Henny Alexander, promises to run a more respectful courtroom, and one that’s more hospitable to the everyday people who end up there. Alexander, 37, is a graduate of Texas Southern University’s Thurgood Marshall School of Law. Being the mother of two young children, she says, makes her especially sensitive to the needs of working families.

“People come to us in crisis,” says Alexander. “For some it’s the first time they’ve ever been in a court. We owe it to them to hold ourselves accountable.”

My Q&A with Judge Maldonado is here. I have just today received Lillian Alexander’s Q&A responses, so you will see them a little later this week. I will take this opportunity to once again implore the Chron editorial board to get back to doing endorsement screenings for the Civil Courts. Not doing so leaves a gaping hole in our knowledge base.

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Weekend link dump for February 18

“That Electric Toothbrush Botnet Story Is Totally Fake“.

“HBO is developing another Game of Thrones spinoff series.”

“The results are consistent across the board: conservatives are simply less connected to reality than liberals.”

Some thoughts from Scalzi about the non-beta version of BlueSky and other social media outlets.

RIP, Bob Edwards, longtime host of “Morning Edition” on NPR.

“I am absolutely SHOCKED at @CBS for introducing the Deaf performers at today’s pregame #SuperBowl and then not showing even one second (or more) of their performance… as has been tradition for the last 30 years. WHY!?”

“Fans of FX’s acclaimed Fargo anthology series may have to let the just-completed fifth season of the series tide them over for a while. Creator Noah Hawley is currently working on FX’s upcoming Alien series, and there is no timeline for Fargo’s return.”

Dora the Explorer was the Super Bowl hero we didn’t know we needed.

“Here is the difference (singular) between white and non-white evangelical Christians”.

“Donald Trump’s months-long effort to overturn his defeat in the 2020 election culminated on a single, now-infamous day: Jan. 6. But there was an alternate scenario gamed out by Trump’s lawyers — one that would have expanded the hours of indecision caused by the Trump campaign’s efforts and stretched out the process for weeks, all the way until Jan. 20, 2021, the Constitution’s ironclad deadline for the transfer of power. If their scheme succeeded, these lawyers hoped, Joe Biden would never take office.

“Google has long struggled to contain obituary spam — for years, low-effort SEO-bait websites have simmered in the background and popped to the top of search results after an individual dies. The sites then aggressively monetize the content by loading up pages with intrusive ads and profit when searchers click on results. Now, the widespread availability of generative AI tools appears to be accelerating the deluge of low-quality fake obituaries.”

“Workers who help bring Disneyland’s beloved characters to life — including Mickey Mouse, Donald Duck and Cinderella — are looking to unionize.”

Congratulations to Jenny Cavnar, the first female play-by-play announcer in MLB history.

“After working in the minor leagues for the past eight seasons, umpire Jen Pawol is one step closer to reaching the majors as she’s been assigned to work in the Grapefruit League during spring training beginning later this month. […] Pawol is the first woman umpire to work a spring schedule since Ria Cortesio in 2007, but a woman has never umpired a regular-season game. Pawol could be the first as she will be one call away once the regular season begins.”

“Most of America’s eyes on Sunday might have been on Super Bowl LVIII in Las Vegas but about halfway across the country 1,600 miles away in Indiana, the Indianapolis Zoo celebrated a different kind of victory — the birth of a rare white rhino.”

“The first dinosaur was named 200 years ago. We know so much more now”.

The Pale Blue Dot, 34 years later.

“Amazon is facing a lawsuit accusing it of misleading Prime subscribers by charging them an additional fee to stream movies and TV shows without ads.”

RIP, William “Bill” Post, who is credited as being the inventor of the Pop-Tart.

RIP, Don Gullett, former MLB pitcher for the Reds and Yankees who was on four consecutive World Series champions.

RIP, Scott Swoveland, Houston artist who created the iconic mural at local gay bar Mary’s.

“Long before Iowa star Caitlin Clark hit her first long-range three or signed her first autograph, Pearl Moore set a scoring standard for women’s basketball that has stood for 45 years.”

That said, congratulations to Caitlin Clark. Lynette Woodard and Pistol Pete, you’re next.

“I have been open with [the 30 MLB franchise owners] about the fact that this is going to be my last term.”

That’s what happens with guns”.

True The Vote continues to be a bunch of lying liars who lie a lot.

RIP, Lefty Driesell, Hall of Fame basketball coach who put Maryland on the NCAA map, started the Midnight Madness tradition, and led four different programs to over 100 wins each.

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The Devine connection to Woodfill and Pressler

Birds of a feather. A very rancid feather.

In 2022, the Texas Supreme Court declined to kill a high-profile sex abuse lawsuit against former Southern Baptist Convention leader Paul Pressler and his longtime law partner, Jared Woodfill.

For Justice John Devine, the case involved some familiar names: Years before taking the bench, he had worked at Woodfill and Pressler’s small Houston law firm. In fact, Devine’s tenure at the firm overlapped with the time that the plaintiff, a former employee of the firm, was allegedly molested by Pressler.

Two other justices, who previously worked for the law firm representing the plaintiff, recused themselves. Devine didn’t — and instead dissented from the court’s 5-2 decision that allowed the suit to go forward after a challenge to its statute of limitations.

The lawsuit would eventually make public numerous other abuse allegations against Pressler. It also prompted a deposition last year in which Woodfill testified that he had for years used the firm’s funds to pay young men to work out of Pressler’s home despite repeated warnings of his predations. Woodfill was not accused of sexual abuse in the lawsuit.

Devine’s campaign website, Supreme Court biography and profile on WestLaw, a major legal repository, do not mention his work at the firm, Woodfill & Pressler LLP, which had about 10 employees during Devine’s time there.

But the Texas Tribune reviewed thousands of pages of court records in lawsuits handled by Woodfill & Pressler LLP, and found that Devine was listed as an attorney or guardian ad litem with the firm at least 27 times between 2002 and 2008, including nine suits that were filed while the plaintiff in the sex abuse lawsuit worked for the firm as Pressler’s personal aide.

Asked last week about his involvement with the firm, Devine downplayed his work there and said he had no reason to recuse himself because he had “no personal knowledge of the facts” in the lawsuit or a financial stake in the firm or the case’s outcome.

“There was no basis for me to recuse from the case,” Devine wrote in an email to the Tribune. “I had no financial interest in the case; never participated in it; and had no personal knowledge of the facts. Two decades ago, I jointly tried some cases with Jared Woodfill. But we were never law partners; I had no financial interest in his firm; and I had no knowledge of the firm’s inner workings. I never worked with Pressler. My understanding was that he was just a name on the door.”

[…]

Devine, a Republican who joined the Supreme Court in 2012, is up for reelection this year, and is the only justice facing a challenger in the March 5 statewide primary. His opponent, Second District Court of Appeals Judge Brian Walker, has centered his campaign on questions about Devine’s ethics, including in the Pressler case and in other instances in which he ruled on lawsuits brought by Woodfill.

“I have a hard time believing that Judge Devine didn’t know about the allegations,” Walker said in an interview. “It’s clear to me that he was still trying to help Woodfill and Pressler out when he essentially voted to keep the lawsuit from moving forward.”

Two other justices, who previously worked for the law firm representing the plaintiff, recused themselves when the suit was considered by the Supreme Court, though they did not provide reasons.

Legal experts acknowledged there are often gray areas when it comes to judicial recusals — particularly in Texas, where justices are elected and can find themselves presiding over legal disputes that involve political allies and supporters.

But they cited the Texas Code of Judicial Conduct, which requires judges to preserve the “integrity and independence of the judiciary” and avoid “impropriety and the appearance of impropriety.”

“I don’t think that this is a close call,” said Heather Zirke, director of the Miller Becker Center for Professional Responsibility at the University of Akron School of Law. “Judges have a duty to avoid even the appearance of impropriety.”

See here for the Paul Pressler files. This story brings a lot more receipts about the Devine/Woodfill/Pressler relationship, so go read the rest. He’s the worst judge on that bench and he deserves all of the pressure that can be placed on him. And there are be plenty of other reasons to vote against Devine, including his role in upholding all of the cruel and life-threatening abortion restrictions the state now enforces. That’s the goal of the Find Out PAC, which is targeting the three Justices who are up for election this year, including Devine. I’m always a little skeptical of these efforts, as it will take a ton of money to move the needle and we don’t have much of a track record in that regard. But it’s there and they’ve picked a good target. A little more attention to this aspect of the Devine dossier couldn’t hurt as well.

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Judicial Q&A: Joy Dawson Thomas

(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.

Joy Dawson Thomas

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

Joy Dawson Thomas, 164th Civil District Court Judge in Harris County

2. What kind of cases does this court hear?

A district judge may hear and determine motions, including motions for new trial, petitions for injunction, applications for the appointment of a receiver, interventions, pleas in abatement, dilatory pleas, and all preliminary matters, questions, and proceedings, and may enter judgment or order on them. These duties are stated in the TX Government Code, Title 2, Subtitle A, Chapter 24, Subchapter A, Section 24.003(d)

3. Why are you running for this particular bench?

This Court is underperforming. Specifically, has a shameful backlog, delayed availability for hearings and trials and undesirable judicial temperament.

4. What are your qualifications for this job?

I’ve been a magistrate judge in Harris County for three years conducting in-person hearings daily while maintaining a kind judicial temperament; practicing attorney for seven years conducting hearings and trials in multiple counties; I teach Trial Advocacy at Thurgood Marshall School of Law; I teach Texas Government, Federal Government, Civil Liberties and Texas Politics at the University of Houston- Downtown; public servant for 12 years in the capacity of law enforcement; I have 231 hours of continuing legal education training, including 51 hours of ethics training, in the year of 2023 alone.

5. Why is this race important?

The longer the current condition persists, the longer citizens and their attorneys remain in damaged conditions uncertain of when/if they will be made whole. Untreated injuries, unpaid bills, unnecessary compounding fees, prolonged pain and suffering, etc.

6. Why should people vote for you in March?

I will address the huge backlog of cases and issues with courtroom access by implementing more efficient Court operations. Specifically, setting status coferences, issuing docket control orders and ordering mediations for old cases; more dates available for attorneys to have hearings and trials and consistent and transparent communication with staff, attorneys and pro-se litigants while maintaining a kind judicial temperament.

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SB4 lawsuit has its day in court

We’ll see what happens.

Lawyers for the Biden administration and Texas faced off in a federal court in Austin on Thursday to argue whether a new state law that would allow police to arrest people suspected of crossing the Texas-Mexico border illegally should go into effect next month.

Senate Bill 4, which Gov. Greg Abbott signed in December, is Texas’ latest attempt to try to deter people from crossing the Rio Grande after several years of historic numbers of migrants arriving at the Texas-Mexico border.

The law makes illegally crossing the border a Class B misdemeanor carrying a punishment of up to six months in jail. Repeat offenders could face a second-degree felony with a punishment of two to 20 years in prison. The law also requires state judges to order migrants returned to Mexico if they are convicted; local law enforcement would be responsible for transporting migrants to the border. A judge could drop the charges if a migrant agrees to return to Mexico voluntarily.

On Thursday, attorneys representing the U.S. Department of Justice and several nonprofit organizations that have sued the state argued that only the federal government can enforce immigration laws. They said that precedent set by federal courts makes clear that states are prohibited from enacting their own restrictions on entry to and removal from the U.S.

Brian Boynton, a deputy assistant attorney general arguing on behalf of the DOJ, rejected the notion that there is an “invasion” at the southern border, a refrain Gov. Greg Abbott has repeated to justify his border efforts.

Boynton also denied that the federal government has “abandoned” its duty to enforce immigration laws.

“There has been no abandonment,” Boynton said during a roughly hourlong argument in a packed courthouse. He added that the federal government has removed more than 400,000 migrants from the country since May, when the Biden Administration ended Title 42, the Trump-era policy that allowed officials to quickly expel migrants from the country.

[…]

In December, ​​the American Civil Liberties Union, the ACLU of Texas and the Texas Civil Rights Project sued Texas on behalf of El Paso County and two immigrant rights organizations — El Paso-based Las Americas Immigrant Advocacy Center and Austin-based American Gateways — over the new state law.

The following month, the Justice Department filed its own lawsuit against Texas. The lawsuits have since been combined.

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A major point of contention between the opposing parties was whether SB 4 would allow migrants to access the asylum process, which they are entitled to under federal law. Boynton said that if a migrant were arrested under SB 4, they would not have a chance to claim asylum and could be sent back to Mexico, even if that country refused to accept them.

Lawyers for the state of Texas, however, said the law would not impede the asylum process. Ryan Walters, an attorney representing the state, suggested that migrants prosecuted for illegally crossing the border could apply for asylum from a Texas prison.

“There have been a lot of assumptions about the law,” Walters said. “Federal law enforcement can still come in and do credible fear interviews. There’s no difference from other cases where migrants are in Texas custody.”

But U.S. District Judge David Ezra said during the hearing that judges presiding over SB 4 cases will ultimately be forced to decide whether to abide by federal or state law. While SB 4 states that a court “may not abate the prosecution of an offense” on the basis that a federal determination of the immigrant’s status is pending, federal law asks that courts do take an immigrant’s asylum application into account.

Ezra also took issue with the fact that SB 4 would allow state judges to hear felony immigration claims. Typically, federal judges with lifetime tenure, known as Article III judges, have jurisdiction over cases where federal prosecutors seek criminal charges for immigration offenses, such as illegal entry.

“Someone who faces a possible 20-year sentence won’t have the benefit of an Article III judge,” Ezra said. “That is an issue of some concern.”

Ezra asked the state’s lawyers considerably more questions than he asked of the DOJ lawyers. He took jabs at state lawmakers, stating that “a little more care should have gone into drafting” SB 4, and at several points he joked that the state’s attorneys were in a difficult position.

Ezra rebuffed the state’s argument that there is an “invasion” at the border.

“I haven’t seen, and the state of Texas can’t point me to any type of military invasion in Texas,” Ezra said. Abbott has invoked the word “invasion” to describe the influx of migrants at the border because a clause in the U.S. Constitution prohibits states from engaging in war unless invaded.

“I don’t see evidence that Texas is at war,” Ezra said.

At the same time, Ezra said he sympathized with the state’s concerns about the border.

“This court is not unsympathetic to the concerns raised by Abbott,” said Ezra, noting that he has lived in immigration hot spots such as Phoenix and Tucson as well as on the border in Del Rio. “I’m very familiar with the concerns and to some substantial degree agree with those concerns.”

Ezra said at the end of the hearing that he would try to make a decision as soon as possible and well ahead of March 5, when SB 4 is scheduled to take effect. He predicted that his decision would be appealed and that the case would ultimately make its way to the U.S. Supreme Court.

See here and here for the background. My prediction, for those who don’t feel like clicking the links, is that the plaintiffs will get their restraining order, the Fifth Circuit will put the restraining order on hold, and nobody knows what SCOTUS will do. This shouldn’t be complicated or mysterious in any way since precedent is both clear and recent that states cannot do what Texas is trying to do, but we live in a world where too many courts don’t care about that. And so I don’t know how this will play out.

On the politics side of things, while Democrats are attacking Republicans in Congress and the Senate for scuttling the border bill they themselves had demanded as ransom for funding Ukraine, Israel, and Taiwan, maybe we could aim some of those attacks at Greg Abbott and his squadron of cosplaying Republican governors, too? I mean, I did not care for that deal that was struck in the Senate and I think it is unconscionable to offer up so much Republican red meat at all, let alone without getting a DREAM act and a path to citizenship, but the case one can make that they got everything they asked for and then threw it away on Donald Trump’s orders because he prefers to have the chaos as a campaign issue really is a salient one and will resonate with voters. It’s also not like we’ve got anything that has worked any better. Just, please, start mentioning Greg Abbott’s name when you talk about this, that’s all that I’m asking at this time.

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Endorsement watch: Three big ones

The Chron races to finish up their primary endorsements before the start of Early Voting. Three more for your consideration:

They endorse Rep. Lizzie Fletcher in CD07.

Rep. Lizzie Fletcher

Ever since Democratic voters picked her to take on and eventually defeat a nine-term Republican incumbent in 2018, U.S. Rep. Lizzie Fletcher hasn’t had a primary challenger.

That changed this year, in part because the 7th Congressional District was redrawn, shifting west and south of downtown Houston, and looping in Alief and parts of Sugar Land. The district is also one of the most diverse in Texas: 30% Hispanic or Latino, 21% Black and 22% Asian, according to census data.

Pervez Agwan, an engineer and renewable energy developer who was born to immigrant parents from India, is making the case that because the district is now solidly blue — Fletcher carried it by 27 points in the 2022 general election — its interests have shifted to the left.

Agwan, 32, is running on an unabashedly progressive platform that includes supporting a single-payer universal health care system, doing away with dark money and corporate influence in our political system, and pushing for a cease-fire between Israel and Palestine. But he couldn’t articulate how he’d be effective in getting legislation passed in Washington.

Agwan has also been hit with a lawsuit in which he was accused of sexual harassment by a former campaign staffer who says he tried to kiss her in his office and kept her from leaving after she rejected him. Agwan told the editorial board that he vehemently denied the woman’s claim and referred to the lawsuit as a “circus” centered on a “small workplace dispute.” Even if the allegations aren’t true, his response was dismissive, lacking the seriousness the lawsuit deserves. While Agwan raised more than $1 million in 2023, he has burned through it quickly and ended the year with less than $100,000 on hand, according to campaign finance data.

Fletcher, 49, is a well-liked three-term incumbent who works as hard as any member of the Texas delegation. She stays engaged with her constituents, holding quarterly public meetings and dozens of public events, and says she’s brought $643 million in federal taxpayer dollars back to her district. She has proven she can work across the aisle in an extremely polarized and narrowly divided House of Representatives. She’s introduced a range of legislation with bipartisan support such as bills to improve mental health care for seniors on Medicare and create funding streams for clean energy and resiliency projects in coastal communities.

Yet Fletcher also hasn’t lost sight of core issues important to the Democratic base. Her bill incentivizing states to expand Medicaid was included in President Joe Biden’s American Rescue Plan Act. After the U.S. Supreme Court overturned Roe v. Wade, Fletcher authored a bill that would protect abortion patients who need to travel out of state to receive care and help them pay for it, which passed the House but failed to get a vote in the Senate.

My interview with Rep. Fletcher is here and with Pervez Agwan is here. I encourage you to listen to them. The subjects of the lawsuit and how Agwan would approach passing his legislative agenda were discussed, so this is an opportunity for you to hear how he responded.

They endorse Rep. Jarvis Johnson for SD15.

Rep. Jarvis Johnson

In the fight to fill the state Senate seat vacated by Houston Mayor John Whitmire, voters will have to consider not just policy priorities, but also the strategy to get anything accomplished. As it is, even Republican senators can’t get much done without the personal blessing of Lt. Gov. Dan Patrick. Democrats hardly stand a chance.

We think Jarvis Johnson will be able to squeak through a few wins.

With experience as a Houston council member and a state representative since 2016, Johnson has a pragmatic view of how to get things done.

In his first term in the House, he championed a vocational education bill that became law.

“I was successful in working with my colleagues to help understand that industry across the state of Texas need skilled laborers,” he said. “But that was in 2017. We know things changed dramatically over the years.”

For Johnson that means not taking what he describes as Republican “bait and switch” moves. Instead of reacting to culture war provocations, he said he wants to be proactive about pursuing his policy goals: defending and funding public education, passing criminal justice reform, protecting Texans from environmental degradation and more. In the House, he’s pursued restrictions on concrete batch plants, created a sickle cell registry that Gov. Greg Abbott later spitefully vetoed, part of his vengeance against opponents of school vouchers. Johnson also rallied around legislation to raise the age to buy assault rifles.

As an experienced politician, Johnson, 52, brings a certain blunt sensibility about the lawmaking process.

“Anybody who makes a donation to my campaign, that means they have access,” said Johnson, “Doesn’t mean that they get a yes.”

Some might find his frankness off-putting. We don’t, but several of his challengers represent a far more idealistic version of politics.

At the crowded table, Molly Cook, 32, stood out the most as a possible foil to Johnson’s battle-tested insider pragmatism. The ER nurse, who has been running for Whitmire’s seat since before he left it, is strategic in her own way to get things done.

“I bear witness on a daily basis to the kind of suffering that our policy causes,” she said.

First, as a reminder again, I interviewed all six of these candidates:

Karthik Soora
Michelle Bonton
Molly Cook
Rep. Jarvis Johnson
Todd Litton
Beto Cardenas

You should listen to those interviews and decide who you like best. What Rep. Johnson brought to the Chron editorial board he also brought to our conversation, minus the bit about his campaign donors and what they do or don’t get from him. That’s a tale as old as Texas, and I think it’s fair to say that Views Differ about its merits. There are six qualified and engaged candidates in this race, I can make a case for just about any combination of them to make it to the runoff. As I recently advised someone, you should have at least a top three in mind so you’ll be prepared for the overtime period.

They endorse Lauren Ashley Simmons in HD146.

Lauren Ashley Simmons

We saw an unexpected glimpse of Thierry’s short temper and poor conduct when we met with the four-time incumbent and one of her challengers, Lauren Ashley Simmons. (Ashton Woods did not meet with us.) After a combative and petty performance that was beyond the debating showmanship we typically see, Thierry again interrupted Simmons during what was supposed to be her closing statement. Simmons, 36, was noting that she had earned the support of three of Thierry’s colleagues.

“The gay ones,” Thierry interjected sharply.

It was a frustrating end to a difficult screening in which neither candidate was able to share a full accounting of her experience and goals.

[…]

In between the interjections in our screening, Simmons managed to share some of her life story and pitch herself as a grounded candidate with deep experience representing vulnerable communities.

Raised in Third Ward, Simmons became pregnant at 19 and her safety net evaporated. She was rejected for food stamps multiple times. When she was arrested for shoplifting baby clothing and food, she told us, a compassionate judge dismissed the charges, allowing her to continue her education. Since then, she’s worked as a union representative with the Houston Federation of Teachers and is working to organize a group for parents in the Yates High School feeder pattern, hopefully expanding to Worthing and Sterling High Schools as well in Houston ISD, to amplify parent voices amid the takeover. That was the experience she drew on when she confronted state-appointed Superintendent Mike Miles in a video that garnered online attention for her pointed concerns about the loss of voter representation and parental accountability in the district where her own children are currently students.

“I’m not a politician,” she said, “I’m a community advocate.”

She’s also organized to raise the minimum wage that’s been stubbornly stuck at $7.25 for years here in Texas, helping people get to Austin to testify and meet with legislators.

“I work directly with the people who are most vulnerable to our systems and decisions that come out of Austin,” she said.

My interview with Lauren Ashley Simmons is here and my interview with Ashton Woods is here. There’s quite a bit more in this endorsement piece on Rep. Thierry than there is on Simmons, including some of the good things she has done in the Lege and a lot of bad, but I wanted to focus on Simmons, so go read the piece yourself for the rest. Though honestly that “the gay ones” quote really tells you all you need to know.

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Judge rejects Paxton’s “but I’m an orphan!” motion

Good.

A crook any way you look

Texas Attorney General Ken Paxton remains on track to be tried for felony fraud this spring after the presiding judge shot down his attempts to have the charges thrown out.

During a Friday court hearing in Houston, Harris County District Court Judge Andrea Beall rejected Paxton’s arguments that his right to a speedy trial had been violated.

Beall’s decision means that, barring another unexpected delay, Paxton’s securities fraud trial will kick off on April 15. The proceedings are much anticipated; the attorney has been under active indictment for nearly nine years. He has pleaded not guilty.

Special prosecutor Brian Wice applauded Beall’s decision and said Paxton was the reason these cases have not yet gone to trial.

“We think that the general’s fingerprints, footprints and DNA were all over the delays,” said Wice, a private criminal defense lawyer brought on to represent the state after the local district attorney recused himself.

During the hearing, Paxton’s defense attorney Dan Cogdell blamed the prosecutors for much of the delay. He said their attempts to be paid — which have been unsuccessful since 2016 — put off the trial for years.

“That’s what this food fight has been all about,” Cogdell said. “This case has been pending longer than three out of four of my marriages lasted.”

Other factors that led to the delay included the prosecution’s successful motions to move the case from Collin to Harris County, Hurricane Harvey and COVID-19.

[…]

Wice rejected Cogdell’s arguments that they were responsible for the delays and said Paxton has been “living [his] best life” since he was indicted. Paxton has been re-elected two times since 2015 and has also amassed more than $6 million in out-of-state properties, Wice said, an apparent reference to reporting from The Wall Street Journal and The Texas Newsroom.

In a surprise move Friday, Schaffer left the prosecution. He told The Texas Newsroom that he and Wice disagreed with whether Paxton should face a jury at all.

Schaffer added he and Cogdell came to an agreement on Thursday that Paxton would face no prison time or fines, and that the charges would be dropped in exchange for Paxton agreeing to a period of supervision.

But Wice objected, Schaffer said, insisting the case go to trial.

“It was a win-win for the state. It was a win-win for [Paxton],” Schaffer said.

Schaffer said rather than being paid, he has shelled out about $150,000 in his own money “for the pleasure” of prosecuting Paxton. With 18 other paying clients in the hopper, and his disagreement with Wice, Schaffer said it was time to leave.

Cogdell confirmed he and Schaffer had a deal “in principle” that Wice scuttled.

“[Wice] likes the sound of his name in the media, this coming from me,” Cogdell told The Texas Newsroom. “He has always been very, very invested in this case.”

Schaffer was replaced with Houston-based attorney Jed Silverman.

Speaking to the media after the hearing, Wice said Silverman was ready to take on the challenge and said letting Paxton avoid a trial now would be unconscionable.

“To me, that was worse than a slap on the wrist. That was, ‘gee, let’s get you a cocktail, a hot meal and a breath mint.’ And that wasn’t going to happen on my watch,” Wice said.

Cogdell objected to the replacement in court, saying Wice didn’t have the authority to bring Silverman on. He also took issue with the fact that Silverman recently presented an award to Wice for his legal work.

Judge Beall rejected this concern, noting it would bar Silverman from being a juror on the case but not a prosecutor. It is unclear whether Paxton’s team will formally object to Silverman’s appointment.

The parties will hold another hearing on March 20 to hash out any last-minute pre-trial issues.

See here and here for the background. You can now mark March 20 on your calendar and figure out your travel and accommodations plans for April 15.

The Chron adds on.

Brian Wice, one of the prosecutors, said Paxton has been free on bond for most of the case, a privilege people unable to afford bail lack.

“Unlike those folks in the holdover, Paxton is living his best life,” Wice said.

Judge Andrea Beall asked both sides to tally the number of days Paxton had spent behind bars and how many court appearances he had made.

His jail time has amounted to about a day after he quickly made bail. He has appeared in court at least four times in Harris County and other occasions in Collin County, the lawyers said. Cogdell conceded it wasn’t a lengthy amount of time.

Beall said both sides earlier agreed that the April trial date would work with their schedules and dismissed Paxton’s motion. Cogdell described the ruling as expected.

Well, you miss a hundred percent of the shots you don’t take, right? And Paxton’s billionaire buddies are good for the legal bills, so what the hell. My favorite thing about this, other than the ruling itself, is that this is how the headline originally appeared on the Chron’s webpage:

Yep, they filed it under “Local crime”. I can’t think of anything more fitting. The Press has more.

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Mayor Whitmire appoints a new Metro Chair

Congratulations and welcome aboard.

Mayor John Whitmire on Tuesday announced CenterPoint Energy executive Elizabeth Brock would lead the Metropolitan Transit Authority’s board of directors. If approved, Brock would be the first Hispanic woman to lead the transit agency.

“She brings a ‘customer first’ mindset, which is exactly the thinking our community deserves,” Whitmire said in a release announcing the choice. “Safety and reliability are key for all who depend on or commute alongside public transportation. I am confident that Elizabeth will use her results-driven expertise to drive Metro to deliver a user-friendly and fiscally responsible transit system to all. She understands that my priority is providing mobility options for all Houstonians.”

Brock’s appointment as Metro chair is pending approval of the City Council, as well as Metro’s board, which typically accepts the mayor’s choice. She replaces Sanjay Ramabhadran, who served as Metro chairman for two years and as a board member for nearly eight, during which the agency started work on the first projects of its $7.5 billion long-range plan.

[…]

Metro is working with the Federal Transit Administration to finalize its final route and secure environmental approvals for the 25-mile University Corridor bus rapid transit, as well as a $600 million planned BRT line within Loop 610 along Interstate 10.

Much of that progress will be up to Brock and potentially additional new Metro members. As mayor, Whitmire appoints five of the nine members of the Metro board, including naming his preference for chairperson. Tuesday’s announcement only named Brock, leaving the other members in place.

Compared to Turner, who championed transit investment as part of what he called a “paradigm shift” in mobility across the city, Whitmire has been critical of Metro’s recent performance.

In his address after being ceremonially sworn in as mayor, Whitmire blamed Metro for road conditions because “buses tear up streets.” Metro devotes about 20% of its revenue from the 1-cent sales tax it receives to street repairs, as part of the voter-approved general mobility program.

Whitmire has also questioned the rush to some designs. At campaign forums prior to his election, he questioned the immense cost of some Metro projects, relative to Houston’s low transit ridership, and noted that all agencies must heed residents’ concerns about lack of street access and loss of private property.

“The public supports infrastructure,” Whitmire said after a forum on Nov. 15. “But everybody, including Metro, needs to level with them and be transparent about what is going on with some of these plans.”

I don’t know anything about Ms. Brock other than what is in this story, so I don’t have much to say beyond “congratulations and welcome”. I haven’t see much of a reaction from the transit and mobility folks as yet, just this “welcome and let’s work together” statement from LINK Houston. Better than anything oppositional, but it doesn’t give me much to work with. There is as the story notes a bit of apprehension in this community, as well as some words of warning from Harris County and a “don’t mess things up” editorial from the Chron, so it will be nice to get some clarity from the new Chair. Until then, we presume and hope for the best.

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Endorsement watch: Ramirez, Haynes, Watson

Three endorsements for your consideration from the Chron.

Item one: Annette Ramirez for Tax Assessor.

Annette Ramirez

During the last meeting Ed Emmett led as the county judge, back in December 2018, Harris County Commissioners Court unanimously passed a little-noticed change to toll road collections. Instead of contracting with the outside law firm of Linebarger Goggan Blair & Sampson to go after drivers with unpaid tolls, the commissioners decided to transition to handling it in-house through the county attorney.

“During my time here, some of the saddest things I had to deal with were people who had racked up toll road fees that were exorbitant,” Emmett said, recalling constituents who ended up with thousands in fees for a charge that started off around $40.

A curious thing happened once the change went into effect in April 2019. The county didn’t lose revenue even though violation fees charged to drivers dropped by 45%. How is that possible? It seems that the county attorney arranged modified payment plans. More people paid up. The resolution of violations increased by 12%, according to Commissioner Rodney Ellis. The only loser appears to have been a collection firm that lost out on a lucrative and “predatory practice” as Ellis puts it.

How is all this related to the Democratic primary for Harris County Tax Assessor-Collector? We believe what worked with collecting tolls can work with property taxes as well, though it’s a more complex undertaking. We’re supportive of a candidate who can help that happen and leery of one who might try stand in the way. In May 2022, in another little-noticed vote, county commissioners once again were unanimous in asking the county attorney to create a plan to takeover from Linebarger the collection on new cases of people behind on their property taxes.

The five Democratic candidates running for tax assessor-collector all have impressive resumes. Annette Ramirez, 51, has the most relevant experience. As a practicing tax attorney for Aldine ISD, she handled delinquent taxes in-house. She’s done the job the county’s trying to accomplish at a larger scale. There are roughly 40,000 new delinquent accounts per year in Harris County.

We believe Ramirez would be the best partner to work with the county attorney on collecting taxes responsibly and in a way that does not unfairly add fee after fee until homeowners abandon their inheritance. The problem affects low-income communities the most. Many families struggle to figure out who owns a house after a parent dies without a will.

That was a good thing that former Judge Emmett and the Court did. All of the Tax Assessor candidates that I interviewed talked about the topic of delinquent taxes and how best to collect them without forcing a homeowner out of their residence, and they had varying plans for how to do it. You can listen to those interviews, beginning with the one for Ramirez, here:

Annette Ramirez
Danielle Bess
Jerry Davis
Desiree Broadnax
Claude Cummings

Item two: Gemayel Haynes for the new 486th Criminal District Court.

Gemayel Haynes

[Vivian] King, 65, now first assistant to District Attorney Kim Ogg, touts her influence in changing a culture at the DA’s office that under some previous administrations seemed to value winning cases over pursuing justice.

We admire her passion and storied career but considerations of fairness, judicial temperament and a sense of accountability lead us to recommend her opponent, Gemayel Haynes, 41, assistant chief at the Harris County public defender’s office.

Haynes has 16 years in practice compared with King’s 31 years. Like King, he’s worked as a prosecutor and in private practice. He’s never tried a death case; King has tried two, including one that resulted in an acquittal on the capital murder charge. He points out that King has never worked for a public defender’s office, which, to be fair, didn’t exist during much of her career. She did handle appointments to represent criminal defendants.

Haynes says his time at the PD’s office has made his approach more well-rounded, not more lenient: “I can look at things from all angles and I’ve done that my entire career,” he told us in a side-by-side screening with King. “I am not a zealot.”

He says he’s endured personal loss to crime: his cousin was murdered in front of the family home. He understands the great responsibility judges have to weigh defendants’ rights in bail decisions right alongside public safety: “You do have people who are out on bail that make mistakes; they commit new offenses,” he said. “The consequence for that should match the level of the infraction.”

The first few paragraphs are devoted to candidate Vivian King; there’s no mention at all of the third candidate in the race, Roderick Rodgers, who I suppose maybe didn’t show up for the screening. My Q&A with Vivian King is here. Haynes (and for that matter Rodgers as well) did not send me Q&A responses, but he was a candidate in 2022 and filled out my questionnaire for that primary. His responses for when he was running for the 183rd Criminal Court are here.

Item three: Fran Watson for the new Harris County Probate Court #5.

Fran Watson

To shape that shiny new court, we recommend Fran Watson. Her experience working in courtrooms sets her apart from her opponents: She’s currently the staff attorney for Probate Court 2, and has served as an associate municipal judge.

Watson also has a compelling life story. At age 14, after losing her mother to substance abuse, she became her family’s caretaker; and, after too many absences, was expelled from school. She knows, first-hand, the kind of stress felt by the people appearing in probate court.

We were also impressed by probate lawyer Chavon Carr. She advocates adding wraparound services that would help opposing parties find collaborative solutions; and believes that probate courts need to do more outreach, so that everyday people understand things like how much chaos they can spare their loved ones simply by having a will.

Troy Moore, the third candidate in the race, is an experienced probate lawyer.

My Q&A with Fran Watson is here, with Chavon Carr is here, and with Troy Moore is here. It is indeed nice to have good choices.

The Chron’s full list of endorsements so far is here. I’m glad to see the Chron endorsing outside of just the criminal courts, but I sure wish they would take the time to review and endorse in the races for Civil Court as well. There are a lot of contested races over there, and while I have my Q&As and the various club and org endorsements via the Erik Manning spreadsheet, having that extra data point from the Chron is helpful. As a non-lawyer, I appreciate having all the data I can get. Maybe next time.

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Interview with Marquette Greene-Scott

Marquette Greene-Scott

And here we are at the final interview of the cycle (no, I was never able to get something scheduled with Rep. Sheila Jackson Lee), though I may find more to do for the runoffs and the May HCAD election. As noted yesterday, my interest in these last two interviews is to help provide a bit of visibility to candidates in lower profile but still important races who are clearly of higher quality than their opponents. Marquette Greene-Scott is a Louisiana native who transplanted to Fort Bend in 2010. She has been a math teacher at both the high school and collegiate level, and fulfilled a dream of going to law school while a working mom. She has now been a practicing attorney for 19 years, licensed in Louisiana and Texas. She currently serves on the City Council and as Mayr Pro Tem in the city of Iowa Colony. We had plenty to talk about, and you can hear it all here:

PREVIOUSLY:

Karthik Soora, SD15
Michelle Bonton, SD15
Molly Cook, SD15
Rep. Jarvis Johnson, SD15
Todd Litton, SD15
Beto Cardenas, SD15
Annette Ramirez, Tax Assessor
Danielle Bess, Tax Assessor
Jerry Davis, Tax Assessor
Desiree Broadnax, Tax Assessor
Claude Cummings, Tax Assessor
Amanda Edwards, CD18
Pervez Agwan, CD07
Rep. Lizzie Fletcher, CD07
Christian Menefee, Harris County Attorney
Umeka Lewis, Harris County Attorney
Kim Ogg, Harris County District Attorney
Sean Teare, Harris County District Attorney
Danny Norris, HD142
Lauren Ashley Simmons, HD146
Ashton Woods, HD146
Melissa McDonough, CD38
Gion Thomas, CD38
Mo Jenkins, HD139
Charlene Ward Johnson, HD139
Rosalind Caesar, HD139
Nasir Malik, SD07

And that’s a wrap for interviews. I still have a couple of judicial Q&As to run, which you will see shortly. I hope this was helpful to you in making your candidate choices. Early Voting starts on Tuesday and I’ll be all over that. You can keep track of all my interviews and judicial Q&As on the ever indispensable Erik Manning spreadsheet.

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Judicial Q&A: Justice Meagan Hassan

(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 Meagan Hassan

1. Who are you and in which court do you preside?

My name is Meagan Hassan and I am currently a Justice on the Fourteenth Court of Appeals, Place 6.

2. What kind of cases does this court hear?

We handle appeals from every kind of trial court in our ten-county region. We review the record from the trial court, analyze whether any errors were made by the trial judge or the parties, and determine whether questions of law need to be decided or if there is already settled law that determines the outcome. We handle all kinds of cases – from evictions to capital murder, from custody issues to car accidents, from probate issues to large corporate contract disputes; the only things we don’t hear are appeals from death penalty cases and post-trial criminal habeas motions.

3. What have been your main accomplishments during your time on this bench?

The Fourteenth Court of Appeals is the most evenly divided appellate court in the state, with a complement of five Democratic justices and four Republican justices. This requires a great deal of negotiation among the panel members (three on a regular appellate panel; nine when the whole court sits together en banc). I have been responsible for 250 majority opinions from my own chambers, have written 19 concurrences and 30 dissents myself, and have also written three en banc decisions for the majority of the court (among the most that any intermediate Justice in Texas has written in the past five years). Since we were elected in 2018, we have managed to catch up on our previously backlogged docket and we are now deciding cases in a timely manner. I also have made a discernible difference in the jurisprudence of my court and the lives of people who live in this district. I can give you two examples of opinions I wrote where I worked hard to accomplish good for the community and the individuals involved:

The first was a criminal case involving a black man stopped by police in Waller County for a traffic violation. During the course of his 45-minute traffic stop, a burglary took place nearby. After releasing the man from the traffic stop, the officer learned of the burglary and went back to arrest the man for it. He was tried to a jury, convicted, and sentenced to 20 years in state prison. On appeal, I discovered the timeline of the traffic stop and the robbery created an impossibility: the man could not have committed the crime. I was able to convince my panel and write an opinion that reversed and remanded the case to the trial court and showed that he could not have committed the crime. The trial court then dismissed the case and the man was released from prison only 2 years into a 20-year wrongful sentence. August v. State, 588 S.W.3d 704 (Tex. App.—Houston [14th Dist.] 2019, no pet.).

The second case was a parental termination case involving a Honduran immigrant who spoke limited English. When a neighbor called CPS to report her for neglecting her children, she cooperated fully with the investigation. The CPS investigator determined that the claims of neglect were untrue but asked her to take a drug test anyway. The test came back positive for trace amounts of drugs and her children were removed and put into foster care. She eventually could not complete the requirements of the family service plan (which was not provided to her in Spanish as required by law) and her rights to her children were terminated. On appeal, I wrote for an en banc court holding that our previous caselaw that permitted children to be removed from their parents when the parents tested positive for drugs *without any connection to abuse or neglect* was incorrect and reversed 20-year precedent of our court. The Texas Supreme Court thereafter declined to take the case. In re L.C.L., 599 S.W.3d 79 (Tex. App.—Houston [14th Dist.] 2020, pet. denied) (en banc).

4. What do you hope to accomplish in your courtroom going forward?

Appellate justices work differently than trial court judges do. Because we work in panels of three (and sometimes all nine), we have to find common ground and work together to ensure the administration of justice not just for that case, but for the state of the law in the entire region. I will continue to work with my colleagues on both sides of the political spectrum to ensure justice is done for the people we serve.

5. Why is this race important?

These courts are incredibly important to the administration of justice in Texas as a whole. Around 90% of cases that are decided in the intermediate courts of appeals do not get reviewed by the Texas Supreme Court or the Court of Criminal Appeals, so we are the default court of last resort. It matters who we elect to these positions – we need justices who understand the way the law currently works and who have extensive experience (either as judges or litigators) so that we can fairly administer justice for the benefit of the people in our districts. These races are also under attack across the state by big-money interests from the top levels of the Republican Party because we have been so effective in the past five years.

6. Why should people vote for you in March?

I am proud of the work I’ve done in difficult cases on an ideologically divided court. I understand how important it is to work as a team in these positions – we are not single judges that work alone. The quality of the teammates matter and I have the experience and ability to make tough decisions and to follow them up with solid law that can convince my colleagues to join me.

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Food Not Bombs gets temporary ticketing reprieve

Pending a ruling from the judge, so this could be very temporary or it could be for the duration of the lawsuit.

A U.S. District Court judge on Wednesday ordered Houston to temporarily stop enforcing a law that requires city permission before anyone can serve more than five people in need on public property.

The order marked a significant victory for Food Not Bombs, a group that has provided free meals outside of Central Library downtown for roughly two decades and received nearly 100 tickets for doing so since 2023. The ruling is a part of the group’s federal lawsuit against the city claiming that the food service is a form of constitutionally protected protest. To win a preliminary injunction, the lawyers had to prove that they were likely to win at trial and that irreparable harm could happen if the court did not intervene.

“It’s beautiful to see that common sense will prevail,” said Brandon Walsh, the named plaintiff. Requests for comments from the city were not immediately returned Wednesday evening.

Food Not Bombs must pay a bond of $25,000, according to the ruling. The bond will be lowered to $2,500 if the group agrees to provide trash receptacles and hand sanitizing stations, as well as ensure people do not block the street and sidewalk during meals. Those members who serve food must also attend a food safety training session.

During the two-hour hearing Monday afternoon, Judge Andrew Hanen asked about the city’s regulations on giving food to those in need. Food Not Bombs argued he should view the case as a First Amendment issue, saying the law wrongfully abridged the rights of a group to protest government spending on defense when basic needs went unmet. City attorneys countered that it was a matter of public health, and the city needed to make sure people were safe from food poisoning or disease spread by vermin.

The Houston ordinance at stake is known as the city’s food-sharing ordinance. Passed in 2012, the law makes it illegal to give away more than five meals to people in need without permission from the property owner, even if the property is public, such as a sidewalk. The mayor at the time, Annise Parker, gave permission to continue sharing meals outside Central Library, where the informal group of volunteers had been serving for roughly a decade.

In 2023, then-Mayor Sylvester Turner made changes. The Houston Health Department updated its policy to require that every approved charitable food location on public property have 10 dedicated parking spaces and two portable restrooms with handwashing stations that would be available all day, every day. The city installed restrooms and handwashing stations at its only approved location — a police parking lot on Reisner Street near the Municipal Courthouse.

Houston also began paying a nonprofit with a long history of serving the homeless to provide meals at the site on the same evenings that Food Not Bombs serves outside the library. Officers warned Food Not Bombs that it would no longer be allowed to provide food at its customary location and encouraged the group to relocate to the Reisner Street lot.

But volunteers continued to provide meals outside the library, arguing the city law was immoral, necessitating civil disobedience. Houston police officers in March started ticketing Food Not Bombs, and Turner took to social media to say that he believed the meals brought homeless people to the area and discouraged families from using the library.

See here for the background and read the rest, there’s a good summary of the arguments and the questions the judge was asking. I’m a little skeptical of the plaintiffs’ case but I don’t think it’s implausible and I can see how the judge might accept it. I also don’t think what the city is trying to do is unreasonable; as the story notes, the city is using its approved location for charitable feeding as part of its strategy to provide housing to those who need it. Maybe they’re being too rigid, maybe they’re stretching things to make their point, I don’t know, but they’re not doing this arbitrarily. What I’d really like here is for the city and Food Not Bombs negotiate an agreement that works for everyone, because what’s been happening does no one any good. I don’t know how to get there from here, but perhaps the forthcoming ruling will provide some direction and/or incentive towards that end. I’ll keep an eye on this.

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Dispatches from Dallas, February 16 edition

This is a weekly feature produced by my friend Ginger. Let us know what you think.

This week, in news from Dallas-Fort Worth, we have election news of all sorts leading into the primary. Early voting starts next week! We also have a grab bag of items from the last six weeks from the hotel explosion in Fort Worth last month to the unveiling of a new mural honoring Juanita Craft in South Dallas last week. We also have another zoo baby for you to enjoy!

This week’s post was brought to you by the music of Ludovico Einaudi.

Let’s start with election news. As you know, we’re about to start voting in the primaries in this part of Texas, and a lot of people have opinions.

The Fort Worth Report ran stories about the Republican debates they sponsored for Tarrant County candidates last week. This week they have the Democratic candidate debates for CD 12, HD 97, and Tarrant County precinct 1. Here’s a second story about the Precinct One Democratic race. In Precinct 8, we have a residential eligibility case that will be heard on March 1. The Star-Telegram has a voter guide out for Fort Worth and Tarrant County including an overview, the Star-Telegram’s recommendations, and sample ballots for both primaries.

Meanwhile, in Dallas, we have the DMN’s recommendations, which are mostly pro-incumbent and anti-Paxton on the Republican side, including Craig Goldman in CD 12 and Frederick Frazier as the best of a bad lot in HD61. (He’s the sign stealer.) Which is not to say they won’t choose none of the above or even withdraw a recommendation the way they did in the Republican primary in SD 30 when their man turned out to be open to secession. Their ballot guide will generate the set of candidates on each side of the aisle for your address.

There’s also a grab bag of local stories that might interest folks:

And last but not least, because everybody should know about this one: Laura Pressley, a voter fraud activist from Austin, held a poll watcher training session at a church in Arlington on Tuesday. When a Star-Telegram reporter turned up to check it out, they refused the reporter entry. I don’t usually do archive links but I really want you to read this story, so please take a look.

In other news:

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Interview with Nasir Malik

Nasir Malik

My next two interviews, the last two that I have completed for this cycle, were not ones that I had originally planned on doing but were inspired in part by the Chronicle endorsements of the candidates involved. Because of my interest in interviewing candidates, I generally try to stay neutral so that everyone is able to trust me. There are obviously exceptions, and one of them is in races where there’s a candidate who’s making a clear effort and one who’s done nothing other than pay the filing fee. Both of these races and these candidates match that profile, and so today I’m talking to Nasir Malik, who is taking on Paul Bettencourt in SD07. Malik is an immigrant, a businessman in the residential construction industry, a volunteer in Klein and Humble ISD Mentoring programs, and unlike the incumbent someone who will work to make his district and the state a better place. This race is a longshot by any definition but we’re never going to make progress if we don’t have good people willing to run in them, and the least I can do is highlight those folks for you. So here’s my interview with Nasir Malik:

PREVIOUSLY:

Karthik Soora, SD15
Michelle Bonton, SD15
Molly Cook, SD15
Rep. Jarvis Johnson, SD15
Todd Litton, SD15
Beto Cardenas, SD15
Annette Ramirez, Tax Assessor
Danielle Bess, Tax Assessor
Jerry Davis, Tax Assessor
Desiree Broadnax, Tax Assessor
Claude Cummings, Tax Assessor
Amanda Edwards, CD18
Pervez Agwan, CD07
Rep. Lizzie Fletcher, CD07
Christian Menefee, Harris County Attorney
Umeka Lewis, Harris County Attorney
Kim Ogg, Harris County District Attorney
Sean Teare, Harris County District Attorney
Danny Norris, HD142
Lauren Ashley Simmons, HD146
Ashton Woods, HD146
Melissa McDonough, CD38
Gion Thomas, CD38
Mo Jenkins, HD139
Charlene Ward Johnson, HD139
Rosalind Caesar, HD139

This is it, the final week before Early Voting. You can keep track of all my interviews and judicial Q&As on the ever indispensable Erik Manning spreadsheet.

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Judicial Q&A: Judge Cheryl Elliott Thornton

(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.

Judge Cheryl Elliott Thornton

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

I am JUDGE CHERYL ELLIOTT THORNTON, Judge of the 164th Civil Judicial District Court. I am a native Houstonian who has practiced primarily civil law for over 35 years. I graduated from Lamar High School in Houston, Texas and received my BA from Trinity University and my MA from St. Mary’s University both in San Antonio, Texas. I received my JD from Thurgood Marshall School of Law. I am married to Peter Thornton, my campaign manager and retired professor from Texas Southern University.

2. What kind of cases does this court hear?

This is a civil court which hears cases with damage claims from $200 to ad infinitum. It is the trial court of general jurisdiction for most civil cases. In Harris County this court hears such cases as personal injury, employment, election, property, contracts, debts and civil cases which are not otherwise assigned to other civil courts.

3. What have been your main accomplishments during your time on this bench?

One of the initial accomplishments after taking the bench was to bring stability to this court as the Presiding Judge of the 164th Civil Judicial District Court. This Court faced additional hardships other than the freeze, sharing courtrooms due to the great flood and hurricane displacement. It also had a leadership void since it lacked a permanent Judge for almost two years. Together with my great team we were able to safely do trials even in the pandemic and began to tackle the backlog in the Court which was the result of all of the before mentioned hardships. We also began and still allow Zoom hearings which has proven to be invaluable in assisting with the backlog.

4. What do you hope to accomplish in your courtroom going forward ?

I hope to continue to move cases along as expeditiously as possible. It is my goal to have cases completed within one year. When I took the bench my oldest case was a 2009. Through hard work I have addressed the backlog and have made significant headway and will continue to do so in my second term.

5. Why is this race important?

This race is so important because, again, this community, Harris County, must decide what type of leadership it desires. It must decide does it want a Judge who has the experience which should be required for the position such as myself who has practiced in the district courts for over 30 years as a civil litigator and who has the requisite judicial experience. Or by stark contrast, is it looking for an individual who has never practiced in the civil district courts but ran for this court because it had the shortest line. I believe, again, the right choice will be made and the voters will choose a person of CHARACTER, EXCELLENT EXPERIENCE that they can TRUST. The voters will reelect JUDGE CHERYL ELLIOTT THORNTON.

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

In initially running for this seat I stated that the people should vote for me because I not only have the needed legal skills, but I also possess the social skills needed to properly service the people that come before this court. By electing me in 2020 to be Judge of the 164th Civil District Court I have shown that faith in me was justified. I am the proven commodity and have proudly and efficiently served as the Presiding Judge of the 164th Civil Judicial District Court. Further, I am the only one in this race who has had experience practicing in the district courts prior to taking office. My opponent has NEVER practiced before any civil district court and is in no way qualified to hold the position of Civil District Court Judge.

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Two Congressional race updates

This story uses the throughline of John Whitmire’s election as Mayor to discuss the SD15 and CD18 primaries, but I’m just going to focus on the latter.

Rep. Sheila Jackson Lee

After losing the mayoral election by nearly 30 percentage points, [Rep. Sheila] Jackson Lee has not left the campaign trail. The incumbent, first elected to Congressional District 18 in 1994, faces a well-funded challenge from a former opponent in the mayor’s race, Amanda Edwards.

[…]

Edwards, a Houston native who grew up in the district, previously was a Houston City Council member, a candidate for U.S. Senate and candidate for Houston mayor prior to announcing her bid for Congress.

The 42-year-old lawyer was part of the crowded field vying for Houston mayor last year.

Seven months before the November General Election, Jackson Lee made a late entrance to the race. Seeing no path to victory after Jackson Lee’s announcement, Edwards dropped out in June, endorsed Jackson Lee for mayor, then said she was running for Jackson Lee’s seat.

Congressional District 18 includes much of Houston’s core, then expands north to the Harris County border. The deep blue district is 46 percent Hispanic, 31 percent Black, 23 percent white, and 5 percent Asian.

Since Jackson Lee’s 1994 election, she has been reelected 14 times, often uncontested and never with less than 70 percent of the vote.

If Jackson Lee were elected mayor, Edwards would have been the clear favorite to represent the district in Washington. Instead, Edwards now finds herself squaring off against her old boss. She has not pointed to significant policy differences between herself in Jackson Lee; rather, she’s arguing the district is ready for fresh ideas.

“A lot of that case is being made by the residents themselves,” Edwards said. “They are feeling very shut out from what’s happening in Washington.”

Jackson Lee did not respond to requests for comment.

The 74-year-old congresswoman said during a December news conference that she still is a change agent on Capitol Hill, and her longevity in office is a benefit to her district and the city as a whole.

During the news conference announcing her run for re-election, Jackson Lee cited unfinished business in Congress, including immigration reform, upcoming appropriations from the Bipartisan Infrastructure Law and a desire to complete the Emancipation Trail that runs from Galveston to Houston.

Amanda Edwards

Edwards said her No. 1 issue if elected would be expanding access to healthcare in the district, noting the loss of her father to an aggressive form of cancer when she was 17.

Edwards has taken advantage of her congressional campaign’s six-month head start.

She raised $269,000 across the last three months of 2023, according to Federal Election Commission Records. Jackson Lee, who was running for mayor for much of that time, only raised about $23,000 for her congressional campaign fund during that period.

Edwards ended 2023 with just under $856,000 cash on hand. Jackson Lee ended the year with $223,000 cash on hand, according to the FEC.

Despite her financial advantage, Edwards faces an uphill battle to unseat Jackson Lee, Sims said.

“(Edwards) has the money to execute a good campaign, but any challenger to a Congressional incumbent in the United States is at a disadvantage, especially one as long as Sheila Jackson Lee,” Sims said.

Jackson Lee does not need much money because she already is so well known within the district, Sims added.

My interview with Amanda Edwards is here; as noted before, I was not able to get one scheduled with Rep. Jackson Lee. I largely agree with Nancy Sims, though with somewhat less certainty. People know Rep. Jackson Lee. She represents the district well, and that seniority she has is not to be discarded lightly. She’s garnered most of the group endorsements – I cannot wait to see what the Chron writes – but Amanda Edwards has done pretty well with endorsements from various officeholders and other local leaders. The million-plus bucks she’s raised is impressive in its own way, and she’s got ads running now. SJL is the favorite until proven otherwise, but she has easily the biggest fight of her career on her hands.

Meanwhile, over in CD07, we have some nasty fake texts going around.

U.S. Rep. Lizzie Fletcher’s campaign on Friday suggested her primary opponent was behind fake text messages sent to voters in Congressional District 7 touting her support from a pro-Israel lobbying group less than two weeks before early voting begins.

A statement from Fletcher’s campaign implied the fake texts, which celebrate Israel’s “right to defend itself against terrorists,” originated with her opponent Pervez Agwan’s campaign or his supporters.

“These text messages misappropriating the Congresswoman’s name and likeness are deceitful, misleading, and an unlawful attempt to confuse and influence voters in the Democratic primary election,” Fletcher campaign Political Director Collin Steele wrote in a statement. “Our campaign is exploring options to address this egregious misconduct. Whether this attempt to disrupt American democracy is coming from the Agwan campaign, his supporters, or somewhere else, it must stop immediately.”

The texts claim to be coming from Fletcher’s campaign and celebrates an endorsement she actually has received: that of the campaign arm of pro-Israel lobbying group the Israel American Public Affairs Committee. Fletcher lists the endorsement on her campaign website.

[…]

The fake Fletcher texts were sent weeks after the New Hampshire attorney general’s office said it was investigating robocalls that used artificial intelligence to mimic President Joe Biden’s voice and discourage voters from participating in the state’s primary elections, and concerns about election interference are heightened around the country.

My interview with Rep. Fletcher is here and with Pervez Agwan is here. We will never know the origin of these texts. In theory, if one can get access to the right log files, one might be able to trace it back to a domain or IP address, but that too is likely to be a dead end unless the sender was especially careless. Fake communications of various kinds are a tale as old as the communication technology in question, but the advent of AI and the increased willingness of foreign actors to meddle in various ways really ups the stakes. We need to invest some real money in figuring out better ways to detect and block this sort of thing, and pass laws that allow for real consequences for the miscreants. It’s only going to get worse from here otherwise.

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Texas blog roundup for the week of February 12

Mike Johnson can’t stop this week’s Texas Progressive Alliance roundup from being passed onto you.

Continue reading

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We have HCAD candidates

I promised you last week I would check again to see who if anyone had filed for those new HCAD Board Member positions. Here I deliver on that promise. I inquired again with the County Judge’s office, and was given the following:

Place 1: Ramsey Isa Ankar and William Reinhardt Frazer

Place 2: Kyle Anthony Scott, Janice W. Hines, and Austin Ryan Pooley

Place 3: James L. Bill, Amy Ngo Lacy, and Ericka McCrutcheon

For Place 1, William Reinhardt Frazer is Republican Bill Frazer, former two-time candidate for City Controller. I have no idea who “Ramsey Isa Ankar” is – Google was inconclusive, and I didn’t find anyone obvious by that name on Facebook.

For Place 2, Kyle Anthony Scott is the Republican former candidate for Harris County Treasurer. Austin Ryan Pooley is a Democrat who actually reached out to me to ask about this position; I answered his questions as best I could and he wrote back to confirm that he had filed. I have no idea who “Janice W. Hines” is – as above, Google was inconclusive, and I didn’t find anyone obvious by that name on Facebook.

For Place 3, Ericka McCrutcheon is the Republican two-time candidate for Houston City Council, most recently in 2023. Amy Ngo Lacy is an attorney whose political orientation I can’t confirm. There’s an Amy Ngo who is a Democrat and member of the Sheila for Congress (Re-Elect) group, but I can’t say for sure this is the same person. I didn’t find anyone of interest named “Amy Lacy” on Facebook, and “Amy Ngo Lacy” mostly gives me the same unhelpful results. As for “James L. Bill”, I’m sure you can imagine how good the Google results for that were.

So as of Thursday morning, we have a Republican and a cipher for Place 1, a Republican and a Democrat and a cipher for place 2, and a Republican and a maybe-Democrat and a cipher for Place 3. Some room for improvement here, but the filing deadline is not until tomorrow at 5 PM, so there’s still time. If you know anything about these people or about others who may be running, please leave a comment and let us know.

Oh, and I have finally found a single news story about this election, on the Texas Scorecard, written by the guy who occasionally contributes Bill King Lite op-eds to the Chron and who clearly sent a similar email to the County Judge’s office to inquire about this but just printed the list without bothering to try to identify any of them. Great work there.

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Interview with Rosalind Caesar

Rosalind Caesar

Once more into HD139, where this time we meet up with political veteran Rosalind Caesar. Caesar currently serves on the Board of Harris County Municipal Utility District (MUD) 304, which provides “water, wastewater and in some cases, drainage services” to residents within its boundaries. A graduate of Huston Tillotson University with a degree in Criminal Justice, Caesar has worked with the Texas Department of Criminal Justice and has been an adjunct professor. She has also been a precinct chair, has worked on numerous local campaigns, and is an active member of the Spiritual Advisory Committee of the Texas Coalition of Black Democrats. Here’s what we talked about:

PREVIOUSLY:

Karthik Soora, SD15
Michelle Bonton, SD15
Molly Cook, SD15
Rep. Jarvis Johnson, SD15
Todd Litton, SD15
Beto Cardenas, SD15
Annette Ramirez, Tax Assessor
Danielle Bess, Tax Assessor
Jerry Davis, Tax Assessor
Desiree Broadnax, Tax Assessor
Claude Cummings, Tax Assessor
Amanda Edwards, CD18
Pervez Agwan, CD07
Rep. Lizzie Fletcher, CD07
Christian Menefee, Harris County Attorney
Umeka Lewis, Harris County Attorney
Kim Ogg, Harris County District Attorney
Sean Teare, Harris County District Attorney
Danny Norris, HD142
Lauren Ashley Simmons, HD146
Ashton Woods, HD146
Melissa McDonough, CD38
Gion Thomas, CD38
Mo Jenkins, HD139
Charlene Ward Johnson, HD139

This is it, the final week before Early Voting. You can keep track of all my interviews and judicial Q&As on the ever indispensable Erik Manning spreadsheet.

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Judicial Q&A: Ashley Mayes Guice

(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.

Ashley Mayes Guice

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

My names is Ashley Mayes Guice and I am running to become the next Judge of Harris County Criminal Court at Law #16, the only one of the sixteen misdemeanor courts on the ballot this election cycle. I’m a native Houstonian who is married to Jonathan Guice, an Army veteran who works for the U.S. Department of Veterans Affairs; we are the parents to two wonderful kids. I hold a BSM from Tulane University in Business Management and Legal Studies in Business. I received my JD and a Graduate Diploma in Comparative Law from Louisiana State University in May 2011.

2. What kind of cases does this court hear?

This court primarily hears Class A and Class B misdemeanors like DWI, Assault, and Theft – to name just a few. County Criminal Courts at Law also have appellate jurisdiction in Class C misdemeanor cases appealed from lower courts. Petitions for Occupational Driver’s Licenses and Administrative License Revocation Hearing appeals are also handled in this court.

3. Why are you running for this particular bench?

I have been working with the Harris County Criminal Courts at Law for the past two years – first as a judge, currently as Staff Attorney. I am eager to get back to this County Criminal Court bench to further demonstrate my capabilities of running an efficient docket while ensuring that the law is followed. I am eager to create new programming within the B.A.Y.O.U. Community Court that was established in 2022 as the community outreach arm of the Harris County Criminal Courts at Law. I consider myself a servant-leader and want to do my part to help people on the bench and off the bench. Lastly, as a misdemeanor judge you encounter many people who are experiencing their first brush with the law. I want to be a judge who helps those individuals turn things around in a meaningful way so they avoid any future trips through the criminal justice system.

4. What are your qualifications for this job?

I have practiced criminal law for over 12 years. I started in 2011 as a private criminal defense attorney. In 2013 I became a prosecutor with the Harris County District Attorney’s Office where I worked my way up to a senior-level felony prosecutor with nearly 30 trials under my belt. In 2019 I returned to my criminal defense roots as a Public Defender in the Felony Trial Division of the Harris County Public Defender’s Office representing indigent defendants charged with anything from state jail felonies up to first degree felonies. I worked there until January 2022, when Harris County Commissioners Court appointed me to serve out the rest of the year as the Presiding Judge of Harris County Criminal Court at Law #3. Due to the timing of my appointment I was not able to run for that bench as an incumbent in 2022. During my 11 months on the bench I presided over 4 jury trials and decreased the docket size by about 20%. At the end of my appointed judicial term the County Court at Law judges voted to hire me as their Staff Attorney, which is my current role. As Staff Attorney I serve as a legal resource to the Harris County Office of Court Management and all 20 of the Harris County Courts at Law judges. In my current position I must draw on the knowledge I gained as a practicing attorney and judge, but the job also requires an understanding of the administrative aspects of supporting the judiciary so that courts function properly.

Given my very diverse background in criminal law, I believe I am uniquely qualified to be the next Judge of Harris County Criminal Court at Law #16. I bring a unique perspective having previously been a judge, prosecutor, defense attorney, and a staff attorney providing legal counsel to judges. I will be more than ready to hit the ground running on day one in Court #16.

5. Why is this race important?

I am out meeting voters and the two issues that they discuss most with me are case backlogs and bail reform. Harris County Criminal Courts at Law are making positive strides on both of those issues. The backlog has been slashed by more than 50% across all courts. The number of defendants being held in pre-trial custody on only a misdemeanor charge is minimal, which is a result of judges following the law on bail not using bail as an instrument of oppression that disproportionately impacts the poor. Voters should be looking to cast their vote for a candidate that understands – and can continue making forward progress on – these issues. I am that candidate.

6. Why should people vote for you in March?

When I took the bench in Harris County Criminal Court at Law #3 in February 2022 there were 1,971 cases pending. When my judicial appointment ended in December 2022 there were 1,593 and Court #3 had one of the smallest county criminal dockets. That does not magically happen. That is evidence of my hard work, my ability to run a courtroom efficiently, and my commitment to prioritizing backlogged cases so they can be resolved in a more timely manner.

My opponent has been practicing law longer than I have. However, the quality of my 12+ years of experience should not be dismissed because of the quantity of years my opponent has practiced. I’ve handled and tried misdemeanor and felony cases just like my opponent. But I am the only person in this race that has successfully presided over a court as a judge. I am the only person in this race that possesses a keen familiarity with the administrative processes and procedures that support the daily functioning of the county court system. It is my job to help judges with any of their legal questions. I know what it takes to be a judge and your vote will allow me the honor of returning to the bench to complete the work I started in 2022. Again, I am ready to hit the ground running on day one!

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The Trib covers SD15

There should be more of this.

The last time Senate District 15 was an open seat was 1982 — before some of the candidates currently running for it were born.

But after four decades, John Whitmire, the former Senate dean who was elected Houston mayor in December, has moved on. The rare opening is fueling a competitive, six-way Democratic primary for the solidly blue, Houston-based seat in the Legislature’s upper chamber.

The Democratic candidates to succeed him are aligned on most big issues but touting different backgrounds and coalitions of support as they approach a gauntlet of elections this year. There is the March 5 primary, a May special election to finish the rest of Whitmire’s term — and potential runoffs to go with both of those — and then the November election.

“There’s lots of layers to this race,” said Art Pronin, a longtime Democratic activist in the Meyerland area.

The field features a sitting state representative — Jarvis Johnson — plus Whitmire’s 2022 primary challenger, Molly Cook, and the Democrat who first ran against U.S. Rep. Dan Crenshaw, R-Houston, six years ago, Todd Litton. There is also Karthik Soora, a renewable energy developer who was the first to declare when Whitmire was still the incumbent; Alberto “Beto” Cardenas Jr., a lawyer who has a long history in Houston civic life; and Michelle Anderson Bonton, executive director of the Anderson Center for the Arts.

The district is widely diverse — people of color are 71% of the population. Johnson and Bonton are Black, Cardenas is the only Hispanic candidate and Soora is Indian American.

The seat is solidly Democratic, though it overlaps with territory where voters have helped Democrats gain new ground in the Donald Trump era, like the 7th Congressional District.

“They want a fighter,” Pronin said of SD-15 voters, but also “you’ve got a lot of practical Democrats here.”

That dynamic is especially relevant in the current Senate, where Democrats are the minority party and must grapple with a lieutenant governor, Dan Patrick, who tolerates little dissent. At a recent forum hosted by the Meyerland Area Democrats Club, candidate after candidate vowed to stand up to Patrick while also finding common ground with Republicans on issues important to the district.

There’s more so read the rest. I know there’s a lot going on in the world and only so much space and energy can be devoted to legislative primaries, but this is a pretty important one and I wish it had gotten more news coverage. You at least can listen to the interviews I did with each of the candidates if you haven’t already done so. Here they are for your convenience, in the order they ran:

Karthik Soora
Michelle Bonton
Molly Cook
Rep. Jarvis Johnson
Todd Litton
Beto Cardenas

It’s a very competitive race in terms of fundraising, endorsements, candidate visibility, and more. I can make a case for just about every possible runoff combination. Get to know them and know who you’re voting for.

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Paxton prosecutors respond to his “but I’m an orphan!” motion

They’ll fight it out on Friday.

A crook any way you look

Texas Attorney General Ken Paxton will be in a Houston court Friday in a nearly 9-year-old securities fraud case he is now seeking to dismiss.

Paxton could face trial as early as April 15. But as that trial date approaches, his lawyers are asking a judge to toss the case, arguing that lengthy delays have violated his constitutional right to a speedy trial.

“At minimum, the State’s inactivity imposed additional and entirely foreseeable — and unnecessary — worry, anxiety, employment and financial difficulties, and frustration upon Paxton,” his defense team argues.

The special prosecutors in the case have countered that Paxton himself is responsible for much of the delay and that his legal team could have argued for a speedy trial while the case languished during several rounds of appeals.

[…]

Pressing to continue toward trial, the prosecutors argue that Paxton’s political victories, including fending off impeachment, are proof that the pending case has caused the attorney general little strain. Since he was indicted, Paxton has been reelected attorney general twice and become one of the most visible state attorneys general in the country.

“To be sure, Paxton has spent considerable time under indictment and spent a considerable amount of money to defend himself,” the prosecutors argue. “But to be equally sure, he has done so while on bond, with a team of high-price lawyers, and a cadre of surrogates, spokespersons and sycophants who continue to spread his truth – not the truth – that he is the victim of a witch hunt.”

See here for the background. This is more or less how I would have responded – I’m sure the prosecutors are greatly relieved to hear that – and it seems clear to me that this should carry the day. I mean, it just would be ridiculous to come this far and then decide we took too long to get here. Let that be an argument for appeal after Paxton gets convicted. That’s more than my one-word initial reaction, but it comes from the same place. We’ll see how it goes. Reform Austin has more.

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Interview with Charlene Ward Johnson

Charlene Ward Johnson

Next up in HD139 is Charlene Ward Johnson, who has served on the HCC Board of Trustees since winning a special election to fill the seat left vacant by Rhonda Skillern-Jones in 2022. On the HCC Board she is the chair of the Academic and Student Affairs Committee and also serves on the Public Policy & Advocacy Committee on the Association of Community College of Trustees. A UH graduate with a master’s in organizational management, she has worked in the electric utility and customer service industry for over 25 years. She volunteers with multiple community organizations, including as a Board Member on the University of Houston Alumni Foundation. I interviewed her for that HCC race in 2022, which you can listen to here. My interview with her for this race is here:

PREVIOUSLY:

Karthik Soora, SD15
Michelle Bonton, SD15
Molly Cook, SD15
Rep. Jarvis Johnson, SD15
Todd Litton, SD15
Beto Cardenas, SD15
Annette Ramirez, Tax Assessor
Danielle Bess, Tax Assessor
Jerry Davis, Tax Assessor
Desiree Broadnax, Tax Assessor
Claude Cummings, Tax Assessor
Amanda Edwards, CD18
Pervez Agwan, CD07
Rep. Lizzie Fletcher, CD07
Christian Menefee, Harris County Attorney
Umeka Lewis, Harris County Attorney
Kim Ogg, Harris County District Attorney
Sean Teare, Harris County District Attorney
Danny Norris, HD142
Lauren Ashley Simmons, HD146
Ashton Woods, HD146
Melissa McDonough, CD38
Gion Thomas, CD38
Mo Jenkins, HD139

This is it, the final week before Early Voting. You can keep track of all my interviews and judicial Q&As on the ever indispensable Erik Manning spreadsheet.

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Judicial Q&A: Justice Peter Kelly

(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.

Posted in Election 2024 | Tagged , , , , , , | 1 Comment

HISD chooses its longer year calendar

Plan your vacations accordingly.

Houston ISD’s appointed Board of Managers unanimously approved a new academic calendar on Thursday that will start the next school year earlier in August and add more days of instruction to students’ schedules.

Under the finalized calendar, HISD students will start class on Aug. 12, more than two weeks earlier than this year’s Aug. 28 start date, and leave for summer on June 4. The new calendar will provide 180 days of instruction, up from 172 this year.

“We know that the school calendar impacts the lives of many families so I am glad that HISD implemented a process this year that allowed for significant input from the community,” HISD Board President Audrey Momanaee said in a statement. “We want to thank those who shared their thoughts and comments with us as they were instrumental in the process. This approved calendar reflects the District’s effort to ensure students have the learning time they need while balancing the needs of our diverse community.”

[…]

The final calendar includes fall and spring holidays on Rosh Hashanah, one of the Jewish High Holidays, and Good Friday, the Christian holiday commemorating the crucifixion of Jesus Christ. The Muslim holiday of Eid al-Fitr — which marks the end of Ramadan and was recognized as an HISD holiday for the first time last year — and Chavez Huerta Day, which HISD has recognized as a holiday since 2020, both fall on March 31 in 2025, and students will receive that day off as well.

Students and employees will get a full week off for Thanksgiving in November, and a two week winter break from Dec. 23 to Jan. 3. The weeklong spring break will extend from March 10 to 14. In total, the calendar provides students with 11 holidays and includes nine staff development days throughout the year.

See here for the previous update. Daughter #2 will be a senior this fall, so I only have to deal with this for one year. The rest of you, I say godspeed.

On a side note, I commend you to read this.

Any school district always has a certain amount of angst going on at any time among parents and staff but with what seems to be a record-setting amount at HISD right now, where can parents appeal to?.

In years past, parents, school staff and communities would take their complaints to the administration yes, but equally if not more so to individual members of the elected school board. They’d get on the phone, write letters and emails, stop trustees when they were in the area and share their concerns. Trustees were elected to represent their interests.

It’s different now. Superintendent Miles and his administration are charged with doing all the fixing. The Board of Managers are supposed “to govern” they’ve been told. They set policy and see that the superintendent carries it out. It is a distanced approach that (we hope) keeps them away from direct intervention with vendors but gives the public little additional access to getting their complaints listened to.

Board members remain cyphers in many respects, known mostly for their unanimous, unexplained votes — a frustrating situation for many in the community.

There is a way to get to know them. It involves watching them go through the kind of group exercises that can be tedious to endure but are oh so revealing about what they think now and where they are heading.

If they won’t talk about much of anything at their board meetings, attend a board workshop and get more than a glimpse of what these trustees are about. Listen and don’t interrupt with words of wisdom from the floor. Not because you don’t have anything worthwhile to say. You do.

But you already know what you think. They already know what you think. The point is to learn what and how they think.

Margaret Downing’s been to a few HISD Board meetings in her day, and this was one of the more insightful things I’ve read about the state of the district now. Check it out.

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Interview with Mo Jenkins

Mo Jenkins

Believe it or not, early voting for the 2024 primaries begins next week. I have a full week of interviews to bring you to get us there. The first three will be for the open seat in HD139, and the first candidate I have for you is Mo Jenkins. Jenkins already has a bunch of legislative experience, working as a staffer for Rep. Abel Herrero, where as the Committee Director for the House Corrections Committee, she has played a pivotal role in legislative successes, including defeating school vouchers and establishing the Open Burn Pits Registry Fund. She has lived through homelessness and the foster care system, and would be the first transgender person to serve in the Legislature if elected. She was just endorsed by the Chronicle. Here’s the interview:

PREVIOUSLY:

Karthik Soora, SD15
Michelle Bonton, SD15
Molly Cook, SD15
Rep. Jarvis Johnson, SD15
Todd Litton, SD15
Beto Cardenas, SD15
Annette Ramirez, Tax Assessor
Danielle Bess, Tax Assessor
Jerry Davis, Tax Assessor
Desiree Broadnax, Tax Assessor
Claude Cummings, Tax Assessor
Amanda Edwards, CD18
Pervez Agwan, CD07
Rep. Lizzie Fletcher, CD07
Christian Menefee, Harris County Attorney
Umeka Lewis, Harris County Attorney
Kim Ogg, Harris County District Attorney
Sean Teare, Harris County District Attorney
Danny Norris, HD142
Lauren Ashley Simmons, HD146
Ashton Woods, HD146
Melissa McDonough, CD38
Gion Thomas, CD38

This is it, the final week before Early Voting. You can keep track of all my interviews and judicial Q&As on the ever indispensable Erik Manning spreadsheet.

Posted in Election 2024 | Tagged , , , , , , | 1 Comment

Judicial Q&A: Justice Charles Spain

(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 Charles Spain

1. Who are you and in which court do you preside?

Charles A. Spain, Justice, Place 4, Court of Appeals for the Fourteenth District of Texas.

2. What kind of cases does this court hear?

The Fourteenth Court hears civil, criminal, family, juvenile, and probate cases appealed from trial courts in Austin, Brazoria, Chambers, Colorado. Fort Bend, Galveston, Grimes, Harris,
Waller, and Washington Counties. The court hears everything that can be appealed in Texas state court except post conviction writs of habeas corpus and criminal cases in which the death penalty has been imposed.

3. What have been your main accomplishments during your time on this bench?

I have emphasized treating all persons before the court with consistent and fundamental fairness, which means following the procedural rules and the law without waiting for the parties to ask us to do our job. I always notify parties of procedural mistakes and allow them to be corrected rather than deciding on a case-by-case basis whether the rules should be followed. By being consistent, I often find that things aren’t always what we assume they are. Sometimes that changes the outcome of the appeal.

When it comes to the merits, I follow the law. And when I believe the majority does not, I write separately. Sometimes that changes the majority’s decision, and sometimes that gets the attention of the Texas Supreme Court or the Texas Court of Criminal Appeals. That’s extra work for me in addition to staying current on the cases before the court.

It’s not enough to just timely dispose of cases before the court. We also must administer justice without respect to persons and do equal right to the poor and to the rich.

4. What do you hope to accomplish in your courtroom going forward?

Persuade my colleagues to discuss more cases in person.

5. Why is this race important?

Diversity is important in both who you are and in the perspective you bring to the court.

My perspective is that of an appellant practitioner who is board certified in civil appellate law by the Texas Board of Legal Specialization since 1994 and someone who has worked in the judiciary for 33 years, giving me a deep understanding of the legal system.

I am also openly gay and share that with people because it’s not something that you would otherwise know about me. The legitimacy of the judiciary is based in part on people seeing themselves in the people who are judges. I want LGBTQ+ people to know that we have a place at the table and we’re staying.

6. Why should people vote for you in March?

When I received my Eagle Scout award 50 years ago, I was charged “to be among those who dedicate their skills and abilities to the common good. Build your life on the solid foundations of
love for others, honest work, unselfish service, and dedication to truth, and, whatever others may say or do, you will leave behind you a record of which every Scout may be justly proud.”

I have always taken those words seriously and try to live up to them every day. I’m now a Scout leader, and I’ve charged numerous new Eagle Scouts to do the same. While it is not always easy to do the right thing, if we do so consistently we make the world better.

That’s my moral compass.

Posted in Election 2024 | Tagged , , , , , , | 2 Comments

Endorsement watch: Allred and more

The Chron endorses Colin Allred in the Democratic primary for US Senate.

Colin Allred

Texas voters eager to see U.S. Sen. Ted Cruz retire to Cancun permanently, not just on a quick trip during a devastating winter storm, have a choice between two very different candidates in the March 5 Democratic primary.

Choosing an effective challenger to a junior senator who has done little but talk, tweet and instigate during his dozen years in office, they can vote with their head or with their heart. That’s our impression in a contest between the two viable contenders in a nine-person race, although we suspect the impression is a bit misleading.

Voters who go with their head will likely cast a ballot for U.S. Rep. Colin Allred, a 40-year-old, three-term congressman from Dallas who touts his pragmatism and his ability to work with colleagues from both sides of the aisle. Calm and measured, at times to the point of being bland, the civil rights attorney and former NFL linebacker is the establishment choice. He enjoys a sizable fund-raising edge over his opponents, touts big-name endorsements and holds a commanding lead in polls.

Those who go where their heart leads them may favor state Sen. Roland Gutierrez of San Antonio, a longtime Texas House member before being elected to the state Senate in 2022 to represent a district that stretches 400 miles to Big Bend National Park. A 53-year-old immigration lawyer, Gutierrez casts himself as an outspoken Bernie Sanders-style populist. He is, he says, “unapologetically progressive.”

Deeply affected by the horror of what he saw in 2022 on the day of the mass shooting at Robb Elementary School in Uvalde, a town in his Senate district, Gutierrez doesn’t hide his feelings. He told the Chronicle editorial board that he decided to run for the U.S. Senate “because of probably one day and one moment, and that was May 24. What built after that, I just never left there.”

Allred, who in 2018 defeated Republican incumbent Pete Sessions, a 22-year House veteran, as part of the “blue wave,” told Gutierrez in our screening that he admired his passion but accused him of “reflexively choosing whatever the progressive slogan of the day is.” Sitting side by side, the two men occasionally sniped at each other. Allred kept his composure, maintaining a “consensus builder” posture that he says will help him get things done in a divided Washington, and wincing at Gutierrez’s name-calling of some Republicans as “crazy nuts” and “terrorists.”

“I’m proud that I was the most bipartisan member of the Texas delegation,” he told us. “I’m proud that over 70% of the bills that I’ve cosponsored in Congress have been bipartisan.”

Longer-shot candidates in the race include former Nueces County District Attorney Mark Gonzalez, who recently resigned in the face of a lawsuit seeking to remove him from office on the basis of incompetence and official misconduct; Gonzalez dismissed the lawsuit by a conservative leader as a political attack. Dallas-area state Rep. Carl Sherman, who didn’t seek re-election after three terms, is also running. They have no shot at winning but could siphon off enough votes to force the two top contenders into a runoff.

For Texans voting in the Democratic primary, the relevant questions are two-fold: One, which candidate represents their views and values? Two, which candidate can oust an incumbent who, despite his die-hard followers, nearly lost to Democratic former U.S. Rep. Beto O’Rourke in 2018? (Cruz won by 2.6 points.)

Allred as previously noted has raised a ton of money. Gutierrez is way behind but is in the respectable zone, while no one else is close to being credible on that score. I think whoever the nominee is will have plenty of money, I think whoever it is will be endorsed by the Chron for November with basically the same language they’re using here, and I think it’s fine to vote for either of them.

Other endorsements from the weekend:

All of the Democratic incumbents on the First and 14th Courts of Appeals.

Democratic voters this year must weigh how much emphasis to put on diversity on the two courts of appeal for the 10-county region that includes Houston. In all six races, voters could elect someone from an underrepresented background, and in four of the races, a Black woman. While we applaud the challengers, many of whom have had distinguished careers, we prioritize candidates’ experience with appellate law. Challengers must make a compelling argument for throwing out the sitting justice, in whom taxpayers have already invested.

The ideal candidate pool is both qualified and reflects our state’s demographics. That goal is impeded by several factors, not the least of which is the salary for this kind of bench. Experienced appellate lawyers make good money. First-generation lawyers are simply less likely to take a big pay cut to serve as a justice, though there are notable exceptions. We urge schools, courts, firms and the Legislature to act with urgency to make the world of appellate law as multihued as our great state.

The arguments in each race vary, so go read them all. There are ten Justices up for re-election following that massive sweep from 2018; the four that do not have primary challengers are Justices Sarah Beth Landau, Julie Countiss, Frances Bourliot, and Meg Poissant. My Q&A with Justice Richard Hightower is here, and my just-published Q&A with Justice Charles Spain is here. I will have Q&As in the following days with Justices Peter Kelly, Meagan Hassan, and Jerry Zimmerer.

HCDE incumbents John McGee and Richard Cantu.

Politics is always going to attract some people more interested in the game than the work, but there are occasional exceptions. John McGee, 59, is a breath of fresh air.

He began his term in November, when he was appointed after a trustee resigned to run for state office. Despite his short time on the board, McGee has proven himself valuable, bringing the financial know-how to assess and manage the department’s budget of $165 million.

Born in Oklahoma and raised in Dallas, McGee derives his passion for equal educational opportunities from his own experience in the federal Head Start program. He began his 33-year career in public service as a budget examiner with the Legislative Budget Board, where he monitored over half a billion dollars in state agency budgets and determined the fiscal impact of legislation.

While working at the Texas Education Agency in the 1990s, McGee was asked to serve as the chief financial officer for a struggling Dallas school district under TEA control that was known for its board infighting and mismanaged funds. Within four months, he says he helped get spending under control and paid back the $2 million the district owed the state, persuading TEA to relinquish control.

“It was a nightmare, but it was the best place to learn about school finance, board governance and relationships, as well as academics,” McGee said.

[…]

Voters have two accomplished, capable candidates with strong ideas for this at-large position.

The incumbent, Richard Cantu, 54, is a native Houstonian who has spent the better part of three decades deeply committed to public service as the director of citizens’ assistance under two mayors, treasurer for the Harris County Department of Education, and heading the East Aldine Management District.

“I’m the trustee that asks the toughest questions at the table, challenging the administration to do more with the resources we have,” Cantu told us.

When Cantu saw the dismal state of the department’s adult education center, he helped them connect with Lakewood Church to host expanded programming opportunities. Cantu then advocated for a new, state-of-the-art building that through bonds they were able to make a reality. The $19 million building, complete with an inspiring “Goddess of Grit” mural and 17 classrooms, allows HCDE to host three times the number of adult learners, Cantu said.

As the son of parents who emigrated from Monterrey, Mexico, to the U.S. with only a sixth-grade and high school education, Cantu understands the critical difference ESL, GED. citizenship classes and vocational training can make.

His opponent, Josh Wallenstein, 48, agrees. But he argues HCDE can go even farther, partnering with unions and nonprofits to provide long-term career training. A compliance and ethics attorney by trade, with degrees from Southern Methodist University and Stanford Law School, Wallenstein brings a fresh perspective and welcome focus on “avoiding even the appearance of impropriety” on the board by drawing up airtight contracts that better detail the limits of trustees.

McGee is now my HCDE Trustee in Precinct 1, replacing Danny Norris. I admit I missed that bit of news and only realized it when I started seeing the filings. He seems fine and his opponent is a non-entity, so all good there. This endorsement piece started by noting how Republicans have hated the HCDE and tried to get rid of it for some time, and cited the examples of former Trustee Mike Wolfe and current trustee Eric Dick as examples of bad behavior that means HCDE “needs trustees voters can actually trust”. Which is all well and good except for the fact that both Wolfe and Dick are Republicans and none of that has anything to do with the races they were endorsing in. I’m going to go do a half hour of mindfulness exercises now so that I don’t punch a hole in the wall.

Mo Jenkins for HD139.

Just a few years ago, Mo Jenkins was a college junior visiting with lawmakers as part of a campus trip to the Texas Capitol. Now she’s the clerk for the House Corrections Committee and has had a hand in some major legislative wins, including negotiations behind the so-called Herrero budget amendment that helped sink school vouchers in the regular session with bipartisan support. Only 25 years old, Jenkins’ knowledge of the lawmaking process would be the envy of elder statesmen. She’s hoping to put it to work next session.

Jenkins would be a stellar candidate on her legislative chops alone but she also brings a rich lived experience. When she was just 13 years old, her mother died. She lived with family for a bit but she told us she fell through the cracks of foster care and ended up homeless as a result.

“I am the youngest person at this table,” she said in a recent screening with the editorial board, “but I’m also the very product of Republican and Democratic failures,” noting the barriers that she has nonetheless scaled skillfully. “I’m very proud of that.”

Just in time for my interview today, which you should listen to.

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Weekend link dump for February 11

“I’m sorry for everything you have all been through. No one should go through the things that your families have suffered, and this is why we invest so much, and we are going to continue doing industry-wide efforts to make sure no one has to go through the things your families have had to suffer.”

“The tools Trump could use to curb abortion access if he’s elected”.

“Has great white shark newborn been caught on film for the first time?”

“The Jackie Robinson statue was a symbol of hope. It wasn’t just an image of him. The statue was representative of all he was to this country and to baseball.”

“Flying is literally safer than sitting on the ground. I don’t know how I can stress that enough.”

“They told me that Zoozve is NOT a moon of Venus. But it’s also NOT NOT a moon of Venus. It’s both and neither. WTH?”

“New Lithium Discoveries Can Secure America’s Clean Energy Future”.

The deletions will continue until morale improves.

SNL, wyd?

“Across the country, houses of worship are going solar“.

“Electricity demand associated with U.S. cryptocurrency mining operations in the United States has grown very rapidly over the last several years.”

RIP, Toby Keith, country music singer-songwriter.

“US labor official says Dartmouth basketball players are school employees, sets stage for union vote”.

Lying vote fraud weasels take another L.

“One is tempted to say that all the leading lights of the terribleness community have come out for this terrible bill and thus the party of terrible can’t even justify why they oppose it.”

Among other things, I’m a bit too picky an eater to be tempted by dining in the dark, but you do you.

“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution.”

“It seems to me that there is a fundamental discrepancy between the way readers interact with books and the way the hack-your-brain tech community does. A wide swath of the ruling class sees books as data-intake vehicles for optimizing knowledge rather than, you know, things to intellectually engage with.”

“New Hampshire’s Attorney General on Tuesday named a Texas telecom company as the source of an apparently AI-generated robocall impersonating President Joe Biden that told Democrats not to vote in last month’s presidential primary.”

“Our analysis suggests that a trial, which is anticipated to last between 8 and 12 weeks, may conclude in late August or early September if the Supreme Court denies Trump’s eventual cert petition or in mid to late October if the Supreme Court grants Trump’s cert petition. We caution however that court timelines are unpredictable, and that these dates simply represent probabilities—not certainties.”

I love the Bhutan Baseball and Softball Association story so much. Be sure to read their origin story, too.

RIP, Mojo Nixon, musician, actor, DJ, weirdo about town.

RIP, Melanie Safka, singer who performed at Woodstock, best known for “Brand New Key” and “Lay Down (Candles in the Rain)”.

“The Federal Communications Commission on Thursday declared the use of voice-cloning technology in robocalls to be illegal, giving states another tool to go after fraudsters behind the calls.”

“Welcome to the WAGaissance (Football’s Version).”

“The real issue, to our minds, is that two things are simultaneously true: It is, in fact, sad to imagine a stressed-out kid seeing Elmo getting punched for trying to talk about mental health in a public forum; it violates, pretty blatantly, all the messaging Sesame Street builds so carefully around these characters to make them relatable touchstones for children who might desperately need to see themselves represented in the world. It is also very funny to see Larry David get so fake-mad about nothing that he pretends to punch a puppet.”

David Zaslov continues to be an asshole.

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