This action might not be possible to undo. Are you sure you want to continue?
2010 GENERAL ELECTION SUPPLEMENT
Candidates for Justice – Courts of Appeals
November 2, 2010
Early voting - October 18 through October 29 Election day - Polls open 7 a.m. to 7 p.m.
Cast an informed vote in the General Election on November 2
ABOUT THIS VOTERS GUIDE
This Voters Guide is funded and published by the League of Women Voters of Texas Education Fund to help citizens cast an informed vote. The League of Women Voters, a nonpartisan organization, encourages informed and active participation in government. Neither the League nor the Education Fund supports or opposes any political party or candidate. This online Voters Guide lists candidates for Justice of Courts of Appeals, as shown in the table of contents. It is a supplement to the 2010 General Election Edition of the Voters Guide, which is available in print and includes candidates for all statewide races and the State Board of Education races in Texas. Both Voters Guides are available on the League’s website at www.lwvtexas.org. Questionnaires were sent to candidates in contested races. Candidate replies are printed without editing or verification. Due to space restrictions, candidates were given strict word limits. Replies exceeding the word limit are indicated by slashes (///). Candidates were also asked to avoid references to their opponents. Candidates appearing with no photo failed to submit one. This Voters Guide is organized by regional Courts of Appeals, with candidates identified as they appear on the state ballot. Ballot order may vary from county to county. The names of unopposed candidates are also listed.
1st Court Candidates.........................................................1-2 3rd Court Candidates.........................................................2 4th Court Candidates.........................................................2 5th Court Candidates.........................................................3 9th Court Candidates.........................................................3 13th Court Candidates.......................................................4 14th Court Candidates.......................................................4-5
USTICE COURT OF APPEALS
Six-year term. Must be at least 35 years old, a citizen of the United States, a resident of Texas and a district resident. Must have been a practicing lawyer or a lawyer and a judge of a court of record for a total of 10 years or more. Each Court of Appeals has intermediate appellate jurisdiction in both civil and criminal cases appealed from district or county courts in its district. Current annual salary: $140,000 (Chief Justice), $137,500 (Justice)
Background: What training and experience qualify you for this position? (50 words) Appeals: What issues arise in processing last-minute appeals, and how would you handle them? (75 words)
Recusal: Under what conditions would you recuse yourself from cases? (75 words)
THE 1ST COURT OF APPEALS SERVES THE FOLLOWING TEXAS COUNTIES: Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Grimes, Harris, Waller & Washington Background: I have been a judge for over eleven years, seven of which I have served as Chief Justice. I am a wife, mother and have been a small business owner, and a volunteer and leader in various charitable organizations. These life experiences qualify me to serve as Chief Justice. Appeals: At any time day or night, our court has a procedure to provide quick action whenever a case requires immediate review. Cases involving matters such as life or death, destruction of property, election procedures, or menBackground: My experience includes Assistant District Attorney for 5 years, Private Practice for 8, Lobbyist for 1, Law School Professor for 5, Trial Judge for 8, and Appeals Judge for 8 on Texas’ Court of Criminal Appeals, Licensed in state and federal courts. Appeals: Last-minute filings because of electronic, technical or logistic issues often time cause problems that affect the proper consideration of time sensitive appleals. While I cannot prejudge what I would do in any instance, I trend toward adoption of rules that would address those issues to ensure that litigants Background: Justice, First Court of Appeals 8 years; more than 600 opinions in family, criminal, civil, probate appeals; extensive law committee service; 14 years complex civil litigation as partner, associate, Special Assistant Attorney General; juris doctor with honors, Houston Law Center; Distinguished Service Award; Ph.D. in philosophy (Rice), English (Texas). Appeals: Emergencies, including matters of life and death, immediate destruction or sale of property, mental health commitments. For emergency appeal, the litigant obtains a letter of assignment from the district or county clerk and contacts the court. If late in the tal health commitment can 1ST COURT CANDIDATE, CHIEF JUSTICE be heard immediately by telephoning the court. After the call is received, the office is opened, documents are filed, and a panel is immediately assembled to handle the case. Recusal: I believe in a broad interpretation of the ethical rules of recusal. A judge should recuse if she has participated in the earlier decision of a particular case while serving on a lower court; if she has a financial interest in the outcome of a case, or her service on a case creates an appearance of impropriety. 1ST COURT CANDIDATE, CHIEF JUSTICE have access to the courts, and that justice is always served in a timely manner. Recusal: In addition to applicable law and judicial canons, I would be guided by my conscience and discretion to avoid even the appearance of impropriety. If I were biased or prejudiced in a personal or extrajudicial manner I would recuse myself. Whenever a reasonable person with knowledge of all the facts could conclude that my impartiality might be reasonably questioned, I would recuse myself. 1ST COURT CANDIDATE, PLACE 4 day, the court accepts faxes saying an emergency is on its way. After hours, calls go to the Harris County Call Center. The Court’s emergency contacts are notified and a panel of judges assembled. Recusal: If my husband’s firm was counsel; if my impartiality might reasonably be questioned, I have personal knowledge of disputed facts, I or a lawyer with whom I practiced was a material witness, I expressed an opinion on the merits while acting as a lawyer in government service, or I know that my husband or I have a financial interest in the subject matter, are a party, or have another interest that could be substantially affected.
EVELYN KEYES (R)
MORRIS OVERSTREET (D)
SHERRY RADACK (R)
Background: I am judge of the 129th District Court, a lifelong Houstonian, and graduate of Rice University and the UH Law Center. I care about our community and enjoy serving its people. I pledge to treat everyone with dignity and respect and to follow the law without agenda or bias. Appeals: Judges should aspire to see justice done in every case. At the very least, this means that all parties should have an opportunity to be heard and have their positions conscientiously considered. In processing last-minute apBackground: I’ve served in this position for over a year. I’m a former Baker Botts partner and for two years I worked at federal Fifth Circuit Court of Appeals. I graduated from UT Law School with honors, and I’ve frequently presented and organized continuing legal education. I am an Eagle Scout. Appeals: Life-or-death circumstances can result in “lastminute appeals” requiring immediate review. The main issues are identifying emergency circumstances and getting the information to judges for prompt action. Our court accepts after-hours emergency filings. Background: For 25 years, I have been working as a Texas trial lawyer in many types of cases involving a wide variety of issues. I have also handled appellate cases and worked for a Court of Appeals. Appeals: Most important is that the appellate justices carefully guard the rights of the parties, and ensure that both the letter and spirit of procedural and constitutional law is observed and followed.
peals, Courts should make reason- 1ST COURT CANDIDATE, PLACE 4 able accommodations to parties to facilitate filings and argument so that every party has their day in Court. Recusal: Judges should recuse themselves when their impartiality in a particular matter may reasonably be questioned or as required under the laws or rules of the state of Texas. Judges should also strive to avoid the appearance of impropriety and work to maintain public confidence in their ability to rule fairly and without preference. When the office is closed, phones 1ST COURT CANDIDATE, PLACE 8 are still answered. Court staff and the after-hours operators know how to contact me at any time. I am always ready to perform my judicial duties. Recusal: Recusals in appropriate cases are essential to preserve the integrity of the judiciary and to avoid appearances of impropriety. I will recuse in all circumstances required under the Texas Constitution and procedural rules (see TRCP Rule 18b), including but not limited to cases in which I may have a financial or other material interest, or if I have personal knowledge about disputed facts. I currently recuse in all cases involving my former law firm. 1ST COURT CANDIDATE, PLACE 8 Recusal: If I have a conflict of interest that would cause me to be biased or prejudiced or either the appearance of impropriety or substantive ethical concerns are an issue, I would consider recusal appropriate.
ROBERT RAY (D)
MICHAEL MASSENGALE (R)
MICHAEL GOMEZ (D)
THE 3rd COURT OF APPEALS SERVES THE FOLLOWING TEXAS COUNTIES: Bastrop, Bell, Blanco, Burnet, Caldwell, Coke, Comal, Concho, Fayette, Hays, Irion, Lampasas, Lee, Llano, McCulloch, Milam, Mills, Runnels, San Saba, Schleicher, Sterling, Tom Green, Travis & Williamson Background: I am the only candidate with judicial experience. I have served as a District Court Judge, and as a Justice of the Peace. I have more than 8 years appellate experience as an attorney for the Texas Court of Criminal Appeals. I currently practice administrative, juvenile, civil and criminal law. Appeals: One way to assist in the processing of last minute appeals is to allow for electronic filings, however, before that may be accomplished; the procedures for electronic filings must be approved by the Texas Supreme Court. Another way to assist in the processing Background: I am a board-certified appellate attorney and have handled the types of appeals that make this court important. I also teach appellate advocacy at UT Law School. Previously, I was an Assistant Solicitor General, representing Texas in criminal and civil appeals. I have been named a “Texas Super Lawyer.” Appeals: When handling last-minute appeals, the parties and the legal issues must receive the same care and attention as in any other appeal. At the same time, the court must not of last minute appeals is to assign 3RD COURT CANDIDATE, PLACE 4 a duty judge responsible for receiving such matters and communicating duty judge assignments to litigants. Such procedures have been used successfully by courts for decades. Recusal: The obvious answer is that I would recuse myself from cases in which I participated as Judge, as a lawyer, or if I have a personal interest in a case. The larger issue arises from having an elected judiciary. Large contributions from law firms are eroding public confidence in the court system, yet according to the US Supreme Court, recusal is not required, unless the contribution creates a risk of actual bias or prejudgment. cause unnecessary delay. I would 3RD COURT CANDIDATE, PLACE 4 move these cases quickly by working tirelessly, deciding the cases on appropriately narrow grounds, and writing succinct opinions. My experience advocating many cases in this very court makes me well-equipped to handle the court’s tight deadlines. Recusal: It is crucial that we keep the impartiality and integrity of our judiciary beyond reproach. The law requires a judge to step aside from deciding a case when his or her impartiality, whether or not actually affected, could reasonably be called into question. I will follow that standard.
KURT KUHN (D)
MELISSA GOODWIN (R)
THE 4th COURT OF APPEALS SERVES THE FOLLOWING TEXAS COUNTIES: Atascosa, Bandera, Bexar, Brooks, Dimmit, Duval, Edwards, Frio, Gillespie, Guadalupe, Jim Hogg, Jim Wells, Karnes, Kendall, Kerr, Kimble, Kinney, La Salle, Mason, Maverick, McMullen, Medina, Menard, Real, Starr, Sutton, Uvalde, Val Verde, Webb, Wilson, Zapata & Zavala Background: As current Justice on the Fourth Court of Appeals I have authored hundreds of opinions in criminal and civil cases. With eighteen years legal experience, I have worked as an Assistant United States Attorney, corporate counsel, and firm attorney, handling litigation, appeals, and multi-district litigation representing all sides. Appeals: Last minute appeals must be ripe, meaning that all issues must have an order or judgment allowing for the appeal. The appeal must be jurisdictionally ripe and timely filed. Pre-mature filings are not permitted. Limited extensions of time are Background: Educated at SMU and Boston University School of Law, former law clerk, and 17 years of actual courtroom experience, representing plaintiffs and defendants from individuals to large corporations, I offer the most fair and impartial resolution to the diversity of cases that come before the 4th Court of Appeals. Appeals: I hope to handle them by applying the law in the most fair and just way, keeping in mind that every voice should be heard and that the courts should be open to hear them as the law allows. My experience in the appellate courts as a briefing attorney, together with my litigation experience, lends granted in order to allow the party 4TH COURT CANDIDATE, PLACE 2 to perfect the appeal. Generally, time extensions are granted for limited periods in the interest of justice provided there is not a history of abuse of requests. Recusal: I would recuse myself from cases in which a party to the case was a former client of mine from within the last two years before I became a judge. I would also recuse myself from any case in which I or any immediate family member had any conflict of interest. I would recuse myself on a case to avoid any appearance of impropriety. 4TH COURT CANDIDATE, PLACE 2 itself to more fair, reasoned and measured decision-making in resolving issues on appeal from the trial courts. Recusal: Recusal is necessary when my impartiality might reasonably be questioned, especially if there’s any evidence of personal bias or prejudice towards a party or counsel. For example, if a personal (or extrajudicial) bias exists, like when a family member is a party or has an interest affected by the outcome. Recusal is necessary to avoid ruling on some basis other than what is learned from the facts of the case.
REBECA C. MARTINEZ (D)
MARIALYN BARNARD (R)
THE 5th COURT OF APPEALS SERVES THE FOLLOWING TEXAS COUNTIES: Dallas, Collin, Grayson, Hunt, Rockwall & Kaufman Background: Currently sit as Justice, 5th District Court of Appeals. Baylor Law graduate. Licensed to practice law 28 years. Served 12 years Assistant District Attorney, Dallas County. Served almost 15 years as elected District Judge, Dallas County. Proven record as a judge who does not legislate from the bench. Appeals: This court does receive emergency motions, but does not have jurisdiction over death penalty cases. Emergency motions are received and processed the same day Background: I am a practicing attorney with twenty years of experience, both civil and criminal. I started my practice as a civil trial lawyer in a major law firm and transitioned into municipal law as a solo practitioner, acting as a municipal court prosecutor and sitting as a municipal court judge. Appeals: Last minute appeals run the risk of not fully and completely following statutory requirements and local rules, resulting in the ultimate penalty of striking the filing for failure to comply, or other potential sanction. To the extent of my authority, I would make myself available to parties after hours, endeavor Background: As an incumbent Justice of the Fifth Court of Appeals, I have authored opinions in over 100 cases and participated in the decision of over 300 cases. I have over 30 years experience in the practice of law. I am a Visiting Professor of Law at Southern Methodist University. Appeals: The Court of Appeals has no jurisdiction over death penalty cases, which are the cases typically viewed as “last minute” appeals. The Court does receive requests for emergency relief in other types of cases. We have proceBackground: Appellate Justices determine if civil or criminal trials were conducted fairly. I have 25 years trial experience representing individuals and small businesses in civil and criminal cases; former prosecutor; Board Certified Family Law Specialist; 5 years service on State Bar Grievance Committee; Small Business Owner; understand how trials impact individuals. Appeals: Better access to the court, last minute or emergency appeals are addressed by a panel of 3 of the 13 Justices. Membership rotates quarterly. When assigned to the emergency panel, all members should carry a pager or other device to be in contact with those 5TH COURT CANDIDATE, PLACE 4 they are filed. When the clerk is notified an emergency motion is on its way, the justices responsible for handling them are notified. The justices give prompt attention to these matters. Recusal: As I have always done during my almost 16 years as a judge, I would recuse myself when required by Texas’ laws relating to recusal of judges or to avoid the appearance of impropriety. I will continue to apply the law fairly and with integrity. A fair and impartial judiciary is indispensable to justice in our society. 5TH COURT CANDIDATE, PLACE 4 to ensure that all existing procedures were available to protect the rights of the parties and maintain the integrity of the process. Recusal: I would recuse myself from any matter required by the Texas Constitution, Texas Rules of Civil and Appellate Procedure and the Code of Judicial Conduct. Specifically, I would recuse myself in any case wherein I had an interest, I was related to a party within the degree of affinity or consanguinity prescribed by law, where I had been legal counsel in the case, or whenever my impartiality may be questioned. dures ensuring these requests are 5TH COURT CANDIDATE, PLACE 12 reviewed and processed immediately upon filing. It is good practice to give advance notice of these requests so that Justices and staff are prepared to work after normal working hours. Recusal: The Rules of Appellate Procedure govern the recusal of appellate judges. In addition, I have chosen not to participate in cases in which my former law firm represents a party, cases involving the principal clients I represented in private practice, and cases involving Southern Methodist University, where I serve as a Visiting Professor of Law. 5TH COURT CANDIDATE, PLACE 12 needing immediate assistance. I would also post, online and at the clerk’s office, simple instructions on how to process a last minute appeal and contact emergency panel members. Recusal: Specific rules govern recusal of Justices. A Justice should recuse him or herself if, for any reason, the Justice believes he or she could not be impartial; or if it appears impartiality might be reasonably questioned. Common grounds include financial interest; personal knowledge of the facts or parties involved; or family relations. I would not accept campaign contributions from lawyers or parties who frequently have matters before the court.
LAWRENCE J. PRAEGER (D)
ROBERT M. (BOB) FILLMORE (R)
BONNIE LEE GOLDSTEIN (D)
LANA MYERS (R)
THE 9th COURT OF APPEALS SERVES THE FOLLOWING TEXAS COUNTIES: Hardin, Jasper, Jefferson, Liberty, Montgomery, Newton, Orange, Polk, San Jacinto & Tyler Background: 19 years of experience as a trial attorney, handling jury trials and appeals, and 5 years I have served as Justice on this Court. I have presided over more than 650 appeals and issued written opinions. See Court website for more information and to view opinions. Appeals: 9th Court of Appeals does not have jurisdiction over death penalty cases. Last-minute appeals involve emergency motions to stay certain actions of the trial courts or applications for writs of habeas corpus involving bail or Background: I have practiced law for 23 years with extensive trial experience, served as Assistant District Attorney for Harris County, Assistant City Attorney for Houston, Presiding Judge of Houston’s Court 5, and retired as Director of Houston’s Court System, the largest in the nation. Appeals: Appellate Court Justices must remain mindful that their duties and responsibilities continue past the 5PM time clock. Justices must accommodate and strive to be selfless, available, and attentive to any last-minute appeals filed within the parameters provided by law. Service always and, humility first should be the new standard for appellate courts, and not unapproachable bond. 9th Court of Appeals is user 9TH COURT CANDIDATE, PLACE 2 friendly and our clerk is available 24/7 by phone, even accepting filings at her home. In turn, the justices are available by cell phone. Recusal: If a justice has a conflict of interest, he/she should recuse or to avoid the appearance of any impropriety because of the appearance of a conflict of interest. It’s extremely rare that this would occur after serving 5 years on the court. 9TH COURT CANDIDATE, PLACE 2 superiority. Recusal: Recusal should be mandated and voluntary imposed by the Justice themselves whenever personal conflict or relationship exists between the Justice and any attorney, party, or issue involved in an appeal; or whenever the Justice has predetermined an opinion or position that negatively impacts the fair, impartial, or equitable review of a case; or whenever there is any just cause or substantive appearance of impropriety.
RON M. MANGUS (D)
CHARLES A. KREGER (R)
The Voters Guide is protected by copyright. For permission to duplicate the Guide, please call LWV-Texas office at 512-472-1100.
You may bring this Voters Guide into the voting booth.*
*In 1995, the Texas law prohibiting use of printed materials, such as this Voters Guide, in the polling place was ruled unconstitutional (Texas Election Code, Section 61.011)
League of Women Voters of Texas Education Fund
THE 13th COURT OF APPEALS SERVES THE FOLLOWING TEXAS COUNTIES: Aransas, Bee, Calhoun, Cameron, De Witt, Goliad, Gonzales, Hidalgo, Jackson, Kenedy, Kleberg, Lavaca, Live Oak, Matagorda, Nueces, Refugio, San Patricio, Victoria, Wharton & Willacy Background: I have 20+ years in private practice, leading a law firm that focuses on appellate law. In fact, I am certified by the Texas Board of Legal Specialization in Civil Appellate Law. Of interest, my legal career began as a briefing attorney for the 13th Court of Appeals. Appeals: Last-minute appeals can cause mistakes to be made. Our Constitution guarantees that all legal proceedings will be fair and timely. I would request that the parties completely analyze the case, provide a proper record, and Background: Currently Senior Justice 13th Court of Appeals. Appointed to this bench by Gov. Ann Richards in 1993. Prior experience: Law Teacher - Harvard Law School; Legal Aid Lawyer; Private Practice in Federal and State Courts; Elementary School Teacher; Farmworker. Licensed in Texas and Illinois. Two Law Degrees. Authored 800+ appellate opinions. Appeals: All filings within the appropriate deadlines are processed exactly the same. When a request for emergency relief is filed, either with a direct appeal or in an original proceeding, those requests are given priority and are disposed of with the immediacy required, sometimes within hours of receipt. thoroughly research all the issues. 13TH COURT CANDIDATE, PLACE 3 Providing appropriate time and opportunity to all parties is the only way equal justice prevails. Recusal: The law states judges must voluntarily remove themselves from hearing a case if they have personal bias, conflict of interest, personal knowledge of the facts, financial interest, or relationship to a party, attorney or witness. Simply put, if my impartiality could be reasonably questioned, I would recuse myself. My judicial philosophy is to strictly interpret the law as it is written. Therefore, I pledge to uphold the law of the land. In some Mandamus proceedings, 13TH COURT CANDIDATE, PLACE 3 the rules allow for one judge to act if the others are not available. We are available 2417 for any emergencies. Recusal: Disqualification rules (are mandatory) are not the same as Recusal (non-mandatory). I would recuse myself pursuant to the Rules of Recusal TRAP 16.2 and TRCP 18 (b). Basically any time that a judge’s impartiality may be compromised or there is an appearance of impropriety in the eyes of the public. I have had occasion to recuse myself, ie: when my children have been lawyers in a case.
LINDA YAÑEZ (D)
GREG PERKES (R)
THE 14th COURT OF APPEALS SERVES THE FOLLOWING TEXAS COUNTIES: Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Grimes, Harris, Waller & Washington Background: I am a forty-nine year old wife; mother; and Harris County judge. A judge for five years, I deliver balanced justice and tangible, taxpayer savings. After twenty years in law (state; federal; trials; appeals; civil; criminal) and seven years in business (construction), I have the best skills for this job. Appeals: There is one issue in processing a last-minute appeal: How can a Court ensure that an appeal is considered on its merits, instead of technicalities, while discouraging litigants from intentionally creating emergencies for the purpose of obtaining an unfair advantage. Currently, such appeals at the intermediate Court Background: As a lawyer I have 24 years experience in civil litigation and mediation. I wrote my own appeals. From 1997 to 2004, I served as 56th District Court Judge, handling both criminal and civil cases. That background gives me great respect for the trial judge and a jury’s hard work. Appeals: Courts of Appeals do not hear death penalty appeals, so our work is not as “life and death” as that of the Court of Criminal Appeals. A reasonable extension of time to file a brief is usually granted. We do hear felony criminal cases and all Background: My nine years as a trial judge prepare me for this position. I am Board Certified in Civil Trial Law, served on the Harris County Juvenile Board, have presided over the drug court and family cases, and have authored an appellate opinion. Appeals: This court does not handle death penalty cases. The lawyers who handle cases in the 14th Court of Appeals have rules to follow in processing an expedited appeal or Background: I have been Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization since 1996. For over 15 years in state or federal appeals I have been the attorney who reviewed the trial court’s record, fashioned issues on appeal, wrote the brief, and presented any oral arguments. Appeals: The primary issues are: (1) does the emergency motion present enough information to allow the reviewing justice to do more than just guess at what happened below; and (2) can the appellate court resolve the question without rewarding a party for using the court of appeals as a delaying tactic? Background: I have been the justice on this court since December 2009 and have written many opinions. As a former trial judge for 15 years, I know the law well. I was voted Trial Judge of the Year by the Texas Association of Civil Trial and Appellate Specialists. Appeals: We handle emergency motions and use technology such as electronic filing and email to process any motions promptly. The courts must be accessible. There are no “last14TH COURT CANDIDATE, PLACE 2 of Appeals are of a nature (not death penalty cases) that are well managed by existing rules that permit extensions of time, upon request, with adequate explanation. Recusal: I will recuse myself from cases in which the participating lawyers, their firms, or parties to the suit before the Court have contributed substantial and disproportionate support to my election campaign because it is constitutionally required by the United States Supreme Court. I will also recuse myself in strict compliance with the broader standards of Texas law, while upholding and supporting each citizen’s Constitutional right to participate in the electorate process without penalty. 14TH COURT CANDIDATE, PLACE 2 kinds of civil cases. Examples of Court of Appeals cases that require immediate attention are requests to mandamus a trial judge, for injunctive relief, and bail or contempt matters. Recusal: Of course any case I heard as a trial judge and any claim I mediated would require my recusal. Any connection I have that would raise a question in a citizen’s mind as to fairness and impartiality would have me recuse myself. Since I do not have investments or trusts, I am in a perfect position to know where my money is, as well as who I know and how well. mandamus. Judges must be avail- 14TH COURT CANDIDATE, PLACE 5 able to implement the rules. I would be available. Recusal: I will always recuse when required to do so under the Texas Rules of Procedure and Code of Judicial Conduct. I will consider voluntary recusal in all situations where such recusal will promote confidence in the judiciary, even where no impropriety exists. A justice should deny the motion 14TH COURT CANDIDATE, PLACE 5 if the party didn’t meet its evidentiary burdens. But, the justice must not choose form over substance. Recusal: Whenever (1) I had represented a party in this or a similar case; (2) a party or their attorney is a family member to me by blood or marriage; (3) I or a family member has a direct financial interest in the case’s outcome; (4) the case subject matter, a party, or a party’s attorney creates a possibility where I couldn’t impartially review the matter. 14TH COURT CANDIDATE, PLACE 9 minute appeals” at the intermediate court of appeals because we do not handle death penalty cases. All other appeals must be filed timely, although the appellate court can grant extensions for some filing delays. Recusal: I will recuse myself from all cases where the constitution or the rules require recusal. In addition, I will voluntarily recuse myself where my impartiality might be reasonably questioned.
TRACY E. CHRISTOPHER (R)
WALLY KRONZER (D)
MARTHA HILL JAMISON (R)
NORMA VENSO (D)
SHARON MCCALLY (R)
Background: Cum laude graduate UH Law Center; 27 year trial and appellate lawyer; Board-Certified Civil Trial Law and Personal Injury Trial Law; Adjunct Professor of Law; Selected for inclusion in 2010 Texas Super Lawyers; 20072010 Recognition as one of “Houston’s Top Lawyers” HTexas Magazine. Appeals: Last minute death penalty appeals are not heard by this court but rather go directly to the Court of Criminal Appeals. In the intermediate appellate courts, “last-minute” or “emergency” appeals generally involve certain types of mandamus proce-
dures, habeas corpus matters, and 14TH COURT CANDIDATE, PLACE 9 the like, in which the appellant claims irreparable harm without immediate action. I would address these very promptly, at any hour. Recusal: See Rule 18b. Summarized, recusal is required when the judge: (a) is biased or his impartiality might reasonably be questioned; (b) has a financial interest; (c) was a lawyer in the case; or (d) is a party or material witness. Subsection (b), (c), and (d) also apply to spouses and close family members and (c) and (d) also apply to former partners or associate attorneys.
TIM RILEY (D)
TERRIE LIVINGSTON (R), Chief Justice, 2nd Court of Appeals ANNE GARDNER (R), Justice, 2nd Court of Appeals, Place 3 LEE GABRIEL (R), Justice, 2nd Court of Appeals, Place 7 SANDEE BRYAN MARION (R), Justice, 4th Court of Appeals, Place 6 CAROLYN WRIGHT (R), Chief Justice, 5th Court of Appeals MICHAEL J. (MIKE) O’NEILL (R), Justice, 5th Court of Appeals, Place 7 JOSH MORRISS (R), Chief Justice, 6th Court of Appeals JIM CAMPBELL (R), Justice, 7th Court of Appeals, Place 4 AL SCOGGINS (R), Justice, 10th Court of Appeals, Place 3 TERRY MCCALL (R), Justice, 11th Court of Appeals, Place 3 BRIAN HOYLE (R), Justice, 12th Court of Appeals, Place 2
IMPORTANT INFORMATION ABOUT VOTING
VOTING IN THE GENERAL ELECTION In the General Election in November, voters in Texas may vote for any candidate they wish, regardless of whether they voted in a party primary or participated in a party convention. All candidates from all parties are on the same ballot. QUALIFICATIONS FOR VOTING To vote, you must be a citizen of the United States, registered to vote, a resident of the county, and at least 18 years old on Election Day. You must not have been declared mentally incapacitated by a court of law. If you have been convicted of a felony, you may register to vote only after you have completed the punishment phase of your conviction, including any terms of incarceration, parole, supervision, or period of probation ordered by the court. WHERE TO VOTE During early voting you may vote in any designated early voting center, but on Election Day you must vote in your precinct of residence (unless your area is participating in a consolidated vote center trial). Your precinct is listed on your registration card, or you may find out where to vote by calling or going online with your county elections administrator (the League provides county web links at www.lwvtexas.org). Voting places are also listed in most newspapers. If you report to the incorrect polling place, you will be redirected to the correct site or offered a provisional ballot. You can vote by provisional ballot, but if it is determined that you are not registered in the precinct where you vote, your ballot will not be counted, by Texas law. More information on provisional voting appears on the Texas Secretary of State website www.sos.state.tx.us. EARLY VOTING IN PERSON All registered voters may vote early by personal appearance at any early voting location in their county. Check with your local newspaper or the county clerk or elections administrator for early voting times and locations. Early voting days for the November 2, 2010, General Election are October 18-29. EARLY VOTING BY MAIL Only specific reasons entitle a person to vote early by mail (no longer called absentee voting). You may request a ballot by mail if you will be away from your county on Election Day and during early voting, are sick or disabled, are 65 years of age or older on Election Day, or are confined to jail. Request an Application for Ballot by Mail (ABBM) from the early voting clerk in the county where you are registered, or download the form from Secretary of State website: www.sos.state.tx.us. The completed form must be received by mail or fax by October 26. Note: postmarks don’t count. County elections addresses and fax numbers are also available on the SOS website. A ballot will be mailed to you, and you must return your completed ballot to your county elections department by 7 p.m. on Election Day, November 2. The ballot must be received, not just postmarked, by that date; and faxes are not allowed. HELPFUL WEBSITES LEAGUE OF WOMEN VOTERS OF TEXAS http://www.lwvtexas.org LEAGUE OF WOMEN VOTERS (U.S) http://www.lwv.org SECRETARY OF STATE www.sos.state.tx.us REPUBLICAN PARTY OF TEXAS http://www.texasgop.org TEXAS DEMOCRATIC PARTY http://www.txdemocrats.org LIBERTARIAN PARTY OF TEXAS http://www.tx.lp.org GREEN PARTY OF TEXAS http://txgreens.org/drupal/
Funding of Voters Guides comes from the League of Women Voters of Texas Education Fund, which is supported by contributions from individuals, corporations, and foundations. LWVTEF gratefully acknowledges major contributions from Harold Simmons Foundation; Hatton W. Sumners Foundation; Ruth Bowers; Doug Hamman; Susybelle Gosslee; Linda Krefting; Diane Sheridan; Barbara Swartz; Linda Wassenich. Special thanks to Jacqueline Pike for the Spanish translation of the Voters Guide.
© 2010 League of Women Voters of Texas Education Fund
This action might not be possible to undo. Are you sure you want to continue?
We've moved you to where you read on your other device.
Get the full title to continue reading from where you left off, or restart the preview.