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LEAGUE OF WOMEN VOTERS

OF TEXAS

Nonpartisan
Voters Guide 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 This Voters Guide is organized by regional Courts of Appeals, with candidates
Education Fund to help citizens cast an informed vote. The League of Women Voters, a identified as they appear on the state ballot. Ballot order may vary from county
nonpartisan organization, encourages informed and active participation in government. to county. The names of unopposed candidates are also listed.
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 1st Court Candidates.........................................................1-2
Voters Guide, which is available in print and includes candidates for all statewide races 3rd Court Candidates.........................................................2
and the State Board of Education races in Texas. Both Voters Guides are available on
4th Court Candidates.........................................................2
the League’s website at www.lwvtexas.org.
5th Court Candidates.........................................................3
Questionnaires were sent to candidates in contested races. Candidate replies are print- 9th Court Candidates.........................................................3
ed without editing or verification. Due to space restrictions, candidates were given 13th Court Candidates.......................................................4
strict word limits. Replies exceeding the word limit are indicated by slashes (///). Can- 14th Court Candidates.......................................................4-5
didates were also asked to avoid references to their opponents. Candidates appearing
with no photo failed to submit one.

J
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
USTICE - 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 intermedi-
ate appellate jurisdiction in both civil and criminal cases appealed from district or county courts in its district. Current annual salary:
COURT OF APPEALS $140,000 (Chief Justice), $137,500 (Justice)

Background: What training and experience qualify you for this position? Recusal: Under what conditions would you recuse yourself from cases?
(50 words) (75 words)
Appeals: What issues arise in processing last-minute appeals, and how
would you handle them? (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, tal health commitment can 1ST COURT CANDIDATE, CHIEF JUSTICE
seven of which I have served as Chief Justice. I am a wife, be heard immediately by
RADACK (R)

mother and have been a small business owner, and a volun- telephoning the court. After the call is received, the office is opened, docu-
SHERRY

teer and leader in various charitable organizations. These ments are filed, and a panel is immediately assembled to handle the case.
life experiences qualify me to serve as Chief Justice. Recusal: I believe in a broad interpretation of the ethical rules of recusal. A
Appeals: At any time day or night, our court has a pro- judge should recuse if she has participated in the earlier decision of a particu-
cedure to provide quick action whenever a case requires lar case while serving on a lower court; if she has a financial interest in the
immediate review. Cases involving matters such as life or outcome of a case, or her service on a case creates an appearance of impropri-
death, destruction of property, election procedures, or men- ety.
Background: My experience includes Assistant District At- have access to the courts, 1ST COURT CANDIDATE, CHIEF JUSTICE
torney for 5 years, Private Practice for 8, Lobbyist for 1, and that justice is always
OVERSTREET (D)

Law School Professor for 5, Trial Judge for 8, and Appeals served in a timely manner.
Judge for 8 on Texas’ Court of Criminal Appeals, Licensed Recusal: In addition to applicable law and judicial canons, I would be guided
MORRIS

in state and federal courts. by my conscience and discretion to avoid even the appearance of impropriety.
Appeals: Last-minute filings because of electronic, techni- If I were biased or prejudiced in a personal or extrajudicial manner I would
cal or logistic issues often time cause problems that affect recuse myself. Whenever a reasonable person with knowledge of all the facts
the proper consideration of time sensitive appleals. While I could conclude that my impartiality might be reasonably questioned, I would
cannot prejudge what I would do in any instance, I trend to- recuse myself.
ward adoption of rules that would address those issues to ensure that litigants

Background: Justice, First Court of Appeals 8 years; more day, the court accepts faxes say- 1ST COURT CANDIDATE, PLACE 4
than 600 opinions in family, criminal, civil, probate appeals; ing an emergency is on its way.
EVELYN KEYES (R)

extensive law committee service; 14 years complex civil liti- After hours, calls go to the Harris County Call Center. The Court’s emergen-
gation as partner, associate, Special Assistant Attorney cy contacts are notified and a panel of judges assembled.
General; juris doctor with honors, Houston Law Center; Recusal: If my husband’s firm was counsel; if my impartiality might reason-
Distinguished Service Award; Ph.D. in philosophy (Rice), ably be questioned, I have personal knowledge of disputed facts, I or a lawyer
English (Texas). with whom I practiced was a material witness, I expressed an opinion on the
Appeals: Emergencies, including matters of life and death, merits while acting as a lawyer in government service, or I know that my
immediate destruction or sale of property, mental health husband or I have a financial interest in the subject matter, are a party, or have
commitments. For emergency appeal, the litigant obtains a letter of assign- another interest that could be substantially affected.
ment from the district or county clerk and contacts the court. If late in the
Background: I am judge of the 129th District Court, a peals, Courts should make reason- 1ST COURT CANDIDATE, PLACE 4
lifelong Houstonian, and graduate of Rice University and able accommodations to parties to
GOMEZ (D) the UH Law Center. I care about our community and enjoy facilitate filings and argument so that every party has their day in Court.
MICHAEL

serving its people. I pledge to treat everyone with dignity Recusal: Judges should recuse themselves when their impartiality in a par-
and respect and to follow the law without agenda or bias. ticular matter may reasonably be questioned or as required under the laws or
Appeals: Judges should aspire to see justice done in every rules of the state of Texas. Judges should also strive to avoid the appearance
case. At the very least, this means that all parties should of impropriety and work to maintain public confidence in their ability to rule
have an opportunity to be heard and have their positions fairly and without preference.
conscientiously considered. In processing last-minute ap-
Background: I’ve served in this position for over a year. When the office is closed, phones 1ST COURT CANDIDATE, PLACE 8
I’m a former Baker Botts partner and for two years I are still answered. Court staff and
MASSENGALE (R)

worked at federal Fifth Circuit Court of Appeals. I gradu- the after-hours operators know how to contact me at any time. I am always
MICHAEL

ated from UT Law School with honors, and I’ve frequently ready to perform my judicial duties.
presented and organized continuing legal education. I am Recusal: Recusals in appropriate cases are essential to preserve the integrity
an Eagle Scout. of the judiciary and to avoid appearances of impropriety. I will recuse in all
Appeals: Life-or-death circumstances can result in “last- circumstances required under the Texas Constitution and procedural rules
minute appeals” requiring immediate review. The main (see TRCP Rule 18b), including but not limited to cases in which I may have
issues are identifying emergency circumstances and getting the information a financial or other material interest, or if I have personal knowledge about
to judges for prompt action. Our court accepts after-hours emergency filings. disputed facts. I currently recuse in all cases involving my former law firm.
Background: For 25 years, I have been working as a Texas trial lawyer in Recusal: If I have a conflict of 1ST COURT CANDIDATE, PLACE 8
many types of cases involving a wide variety of issues. I have also handled interest that would cause me to
ROBERT
RAY (D)

appellate cases and worked for a Court of Appeals. be biased or prejudiced or either the appearance of impropriety or substantive
Appeals: Most important is that the appellate justices carefully guard the ethical concerns are an issue, I would consider recusal appropriate.
rights of the parties, and ensure that both the letter and spirit of procedural
and constitutional law is observed and followed.

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 experi- of last minute appeals is to assign 3RD COURT CANDIDATE, PLACE 4
ence. I have served as a District Court Judge, and as a a duty judge responsible for re-
Justice of the Peace. I have more than 8 years appellate ceiving such matters and communicating duty judge assignments to litigants.
GOODWIN (R)

experience as an attorney for the Texas Court of Criminal Such procedures have been used successfully by courts for decades.
MELISSA

Appeals. I currently practice administrative, juvenile, civil Recusal: The obvious answer is that I would recuse myself from cases in
and criminal law. which I participated as Judge, as a lawyer, or if I have a personal interest in a
Appeals: One way to assist in the processing of last minute case. The larger issue arises from having an elected judiciary. Large contri-
appeals is to allow for electronic filings, however, before butions from law firms are eroding public confidence in the court system, yet
that may be accomplished; the procedures for electronic filings must be ap- according to the US Supreme Court, recusal is not required, unless the contri-
proved by the Texas Supreme Court. Another way to assist in the processing bution creates a risk of actual bias or prejudgment.

Background: I am a board-certified appellate attorney and cause unnecessary delay. I would 3RD COURT CANDIDATE, PLACE 4
have handled the types of appeals that make this court move these cases quickly by
KURT KUHN (D)

important. I also teach appellate advocacy at UT Law working tirelessly, deciding the cases on appropriately narrow grounds, and
School. Previously, I was an Assistant Solicitor General, writing succinct opinions. My experience advocating many cases in this very
representing Texas in criminal and civil appeals. I have been court makes me well-equipped to handle the court’s tight deadlines.
named a “Texas Super Lawyer.” Recusal: It is crucial that we keep the impartiality and integrity of our judi-
Appeals: When handling last-minute appeals, the parties ciary beyond reproach. The law requires a judge to step aside from deciding
and the legal issues must receive the same care and attention a case when his or her impartiality, whether or not actually affected, could
as in any other appeal. At the same time, the court must not reasonably be called into question. I will follow that standard.

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 granted in order to allow the party 4TH COURT CANDIDATE, PLACE 2
Appeals I have authored hundreds of opinions in criminal to perfect the appeal. Generally,
and civil cases. With eighteen years legal experience, I time extensions are granted for limited periods in the interest of justice
BARNARD (R)
MARIALYN

have worked as an Assistant United States Attorney, provided there is not a history of abuse of requests.
corporate counsel, and firm attorney, handling litigation, Recusal: I would recuse myself from cases in which a party to the case was a
appeals, and multi-district litigation representing all sides. former client of mine from within the last two years before I became a judge.
Appeals: Last minute appeals must be ripe, meaning that I would also recuse myself from any case in which I or any immediate family
all issues must have an order or judgment allowing for the member had any conflict of interest. I would recuse myself on a case to avoid
appeal. The appeal must be jurisdictionally ripe and timely any appearance of impropriety.
filed. Pre-mature filings are not permitted. Limited extensions of time are
Background: Educated at SMU and Boston University School of Law, itself to more fair, reasoned and 4TH COURT CANDIDATE, PLACE 2
former law clerk, and 17 years of actual courtroom experience, representing measured decision-making in
MARTINEZ (D)

plaintiffs and defendants from individuals to large corporations, I offer the resolving issues on appeal from the trial courts.
REBECA C.

most fair and impartial resolution to the diversity of cases that come before Recusal: Recusal is necessary when my impartiality might reasonably be
the 4th Court of Appeals. questioned, especially if there’s any evidence of personal bias or prejudice
Appeals: I hope to handle them by applying the law in the most fair and just towards a party or counsel. For example, if a personal (or extrajudicial) bias
way, keeping in mind that every voice should be heard and that the courts exists, like when a family member is a party or has an interest affected by the
should be open to hear them as the law allows. My experience in the appel- outcome. Recusal is necessary to avoid ruling on some basis other than what
late courts as a briefing attorney, together with my litigation experience, lends is learned from the facts of the case.

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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 they are filed. When the clerk is 5TH COURT CANDIDATE, PLACE 4
LANA MYERS (R)

Appeals. Baylor Law graduate. Licensed to practice law 28 notified an emergency motion is
years. Served 12 years Assistant District Attorney, Dallas on its way, the justices responsible for handling them are notified. The jus-
County. Served almost 15 years as elected District Judge, tices give prompt attention to these matters.
Dallas County. Proven record as a judge who does not Recusal: As I have always done during my almost 16 years as a judge, I
legislate from the bench. would recuse myself when required by Texas’ laws relating to recusal of
Appeals: This court does receive emergency motions, but judges or to avoid the appearance of impropriety. I will continue to apply the
does not have jurisdiction over death penalty cases. Emer- law fairly and with integrity. A fair and impartial judiciary is indispensable to
gency motions are received and processed the same day justice in our society.
Background: I am a practicing attorney with twenty years to ensure that all existing proce- 5TH COURT CANDIDATE, PLACE 4
of experience, both civil and criminal. I started my practice dures were available to protect the
GOLDSTEIN (D)

as a civil trial lawyer in a major law firm and transitioned rights of the parties and maintain the integrity of the process.
BONNIE LEE

into municipal law as a solo practitioner, acting as a munici- Recusal: I would recuse myself from any matter required by the Texas Con-
pal court prosecutor and sitting as a municipal court judge. stitution, Texas Rules of Civil and Appellate Procedure and the Code of Judi-
Appeals: Last minute appeals run the risk of not fully and cial Conduct. Specifically, I would recuse myself in any case wherein I had an
completely following statutory requirements and local rules, interest, I was related to a party within the degree of affinity or consanguinity
resulting in the ultimate penalty of striking the filing for fail- prescribed by law, where I had been legal counsel in the case, or whenever my
ure to comply, or other potential sanction. To the extent of impartiality may be questioned.
my authority, I would make myself available to parties after hours, endeavor
Background: As an incumbent Justice of the Fifth Court of dures ensuring these requests are 5TH COURT CANDIDATE, PLACE 12
ROBERT M. (BOB)

Appeals, I have authored opinions in over 100 cases and reviewed and processed immedi-
FILLMORE (R)

participated in the decision of over 300 cases. I have over ately upon filing. It is good practice to give advance notice of these requests
30 years experience in the practice of law. I am a Visiting so that Justices and staff are prepared to work after normal working hours.
Professor of Law at Southern Methodist University. Recusal: The Rules of Appellate Procedure govern the recusal of appellate
Appeals: The Court of Appeals has no jurisdiction over judges. In addition, I have chosen not to participate in cases in which my for-
death penalty cases, which are the cases typically viewed as mer law firm represents a party, cases involving the principal clients I repre-
“last minute” appeals. The Court does receive requests for sented in private practice, and cases involving Southern Methodist University,
emergency relief in other types of cases. We have proce- where I serve as a Visiting Professor of Law.
Background: Appellate Justices determine if civil or needing immediate assistance. I 5TH COURT CANDIDATE, PLACE 12
criminal trials were conducted fairly. I have 25 years trial would also post, online and at the
experience representing individuals and small businesses in clerk’s office, simple instructions on how to process a last minute appeal and
LAWRENCE J.
PRAEGER (D)

civil and criminal cases; former prosecutor; Board Certified contact emergency panel members.
Family Law Specialist; 5 years service on State Bar Griev- Recusal: Specific rules govern recusal of Justices. A Justice should recuse
ance Committee; Small Business Owner; understand how him or herself if, for any reason, the Justice believes he or she could not be
trials impact individuals. impartial; or if it appears impartiality might be reasonably questioned. Com-
Appeals: Better access to the court, last minute or emer- mon grounds include financial interest; personal knowledge of the facts or
gency appeals are addressed by a panel of 3 of the 13 Jus- parties involved; or family relations. I would not accept campaign contribu-
tices. Membership rotates quarterly. When assigned to the emergency panel, tions from lawyers or parties who frequently have matters before the court.
all members should carry a pager or other device to be in contact with those
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, bond. 9th Court of Appeals is user 9TH COURT CANDIDATE, PLACE 2
handling jury trials and appeals, and 5 years I have served as friendly and our clerk is available
CHARLES A.
KREGER (R)

Justice on this Court. I have presided over more than 650 24/7 by phone, even accepting filings at her home. In turn, the justices are
appeals and issued written opinions. See Court website for available by cell phone.
more information and to view opinions. Recusal: If a justice has a conflict of interest, he/she should recuse or to
Appeals: 9th Court of Appeals does not have jurisdic- avoid the appearance of any impropriety because of the appearance of a con-
tion over death penalty cases. Last-minute appeals involve flict of interest. It’s extremely rare that this would occur after serving 5 years
emergency motions to stay certain actions of the trial courts on the court.
or applications for writs of habeas corpus involving bail or
Background: I have practiced law for 23 years with extensive trial experi- superiority. 9TH COURT CANDIDATE, PLACE 2
RON M. MANGUS (D)

ence, served as Assistant District Attorney for Harris County, Assistant City Recusal: Recusal should be man-
Attorney for Houston, Presiding Judge of Houston’s Court 5, and retired as dated and voluntary imposed by the Justice themselves whenever personal
Director of Houston’s Court System, the largest in the nation. conflict or relationship exists between the Justice and any attorney, party, or
Appeals: Appellate Court Justices must remain mindful that their duties and issue involved in an appeal; or whenever the Justice has predetermined an
responsibilities continue past the 5PM time clock. Justices must accommodate opinion or position that negatively impacts the fair, impartial, or equitable
and strive to be selfless, available, and attentive to any last-minute appeals review of a case; or whenever there is any just cause or substantive appear-
filed within the parameters provided by law. Service always and, humility ance of impropriety.
first should be the new standard for appellate courts, and not unapproachable

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please call LWV-Texas office at 512-472-1100.
You may bring this Voters Guide into the voting booth.*
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© 2010 League of Women Voters of Texas Education Fund

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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 thoroughly research all the issues. 13TH COURT CANDIDATE, PLACE 3
GREG PERKES (R)

law firm that focuses on appellate law. In fact, I am certified Providing appropriate time and
by the Texas Board of Legal Specialization in Civil Appel- opportunity to all parties is the only way equal justice prevails.
late Law. Of interest, my legal career began as a briefing Recusal: The law states judges must voluntarily remove themselves from
attorney for the 13th Court of Appeals. hearing a case if they have personal bias, conflict of interest, personal knowl-
Appeals: Last-minute appeals can cause mistakes to be edge of the facts, financial interest, or relationship to a party, attorney or wit-
made. Our Constitution guarantees that all legal proceed- ness. Simply put, if my impartiality could be reasonably questioned, I would
ings will be fair and timely. I would request that the parties recuse myself. My judicial philosophy is to strictly interpret the law as it is
completely analyze the case, provide a proper record, and written. Therefore, I pledge to uphold the law of the land.
Background: Currently Senior Justice 13th Court of Appeals. Appointed In some Mandamus proceedings, 13TH COURT CANDIDATE, PLACE 3
LINDA YAÑEZ (D)

to this bench by Gov. Ann Richards in 1993. Prior experience: Law Teacher the rules allow for one judge to
- Harvard Law School; Legal Aid Lawyer; Private Practice in Federal and act if the others are not available. We are available 2417 for any emergencies.
State Courts; Elementary School Teacher; Farmworker. Licensed in Texas and Recusal: Disqualification rules (are mandatory) are not the same as Recusal
Illinois. Two Law Degrees. Authored 800+ appellate opinions. (non-mandatory). I would recuse myself pursuant to the Rules of Recusal
Appeals: All filings within the appropriate deadlines are processed exactly TRAP 16.2 and TRCP 18 (b). Basically any time that a judge’s impartiality
the same. When a request for emergency relief is filed, either with a direct may be compromised or there is an appearance of impropriety in the eyes of
appeal or in an original proceeding, those requests are given priority and are the public. I have had occasion to recuse myself, ie: when my children have
disposed of with the immediacy required, sometimes within hours of receipt. been lawyers in a case.

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 of Appeals are of a nature (not 14TH COURT CANDIDATE, PLACE 2
SHARON MCCALLY (R)

Harris County judge. A judge for five years, I deliver death penalty cases) that are well
balanced justice and tangible, taxpayer savings. After managed by existing rules that permit extensions of time, upon request, with
twenty years in law (state; federal; trials; appeals; civil; adequate explanation.
criminal) and seven years in business (construction), I have Recusal: I will recuse myself from cases in which the participating lawyers,
the best skills for this job. their firms, or parties to the suit before the Court have contributed substantial
Appeals: There is one issue in processing a last-minute and disproportionate support to my election campaign because it is consti-
appeal: How can a Court ensure that an appeal is considered tutionally required by the United States Supreme Court. I will also recuse
on its merits, instead of technicalities, while discouraging myself in strict compliance with the broader standards of Texas law, while
litigants from intentionally creating emergencies for the purpose of obtain- upholding and supporting each citizen’s Constitutional right to participate in
ing an unfair advantage. Currently, such appeals at the intermediate Court the electorate process without penalty.
Background: As a lawyer I have 24 years experience in kinds of civil cases. Examples 14TH COURT CANDIDATE, PLACE 2
NORMA VENSO (D)

civil litigation and mediation. I wrote my own appeals. of Court of Appeals cases that re-
From 1997 to 2004, I served as 56th District Court Judge, quire immediate attention are requests to mandamus a trial judge, for injunc-
handling both criminal and civil cases. That background tive relief, and bail or contempt matters.
gives me great respect for the trial judge and a jury’s hard Recusal: Of course any case I heard as a trial judge and any claim I mediated
work. would require my recusal. Any connection I have that would raise a ques-
Appeals: Courts of Appeals do not hear death penalty ap- tion in a citizen’s mind as to fairness and impartiality would have me recuse
peals, so our work is not as “life and death” as that of the myself. Since I do not have investments or trusts, I am in a perfect position to
Court of Criminal Appeals. A reasonable extension of time know where my money is, as well as who I know and how well.
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 mandamus. Judges must be avail- 14TH COURT CANDIDATE, PLACE 5
MARTHA HILL

this position. I am Board Certified in Civil Trial Law, served able to implement the rules. I
JAMISON (R)

on the Harris County Juvenile Board, have presided over the would be available.
drug court and family cases, and have authored an appellate Recusal: I will always recuse when required to do so under the Texas Rules
opinion. of Procedure and Code of Judicial Conduct. I will consider voluntary recusal
Appeals: This court does not handle death penalty cases. in all situations where such recusal will promote confidence in the judiciary,
The lawyers who handle cases in the 14th Court of Appeals even where no impropriety exists.
have rules to follow in processing an expedited appeal or

Background: I have been Board Certified in Civil Appellate Law by the A justice should deny the motion 14TH COURT CANDIDATE, PLACE 5
Texas Board of Legal Specialization since 1996. For over 15 years in state or if the party didn’t meet its eviden-
KRONZER (D)

federal appeals I have been the attorney who reviewed the trial court’s record, tiary burdens. But, the justice must not choose form over substance.
WALLY

fashioned issues on appeal, wrote the brief, and presented any oral arguments. Recusal: Whenever (1) I had represented a party in this or a similar case;
Appeals: The primary issues are: (1) does the emergency motion present (2) a party or their attorney is a family member to me by blood or marriage;
enough information to allow the reviewing justice to do more than just guess (3) I or a family member has a direct financial interest in the case’s outcome;
at what happened below; and (2) can the appellate court resolve the question (4) the case subject matter, a party, or a party’s attorney creates a possibility
without rewarding a party for using the court of appeals as a delaying tactic? where I couldn’t impartially review the matter.
Background: I have been the justice on this court since minute appeals” at the interme- 14TH COURT CANDIDATE, PLACE 9
CHRISTOPHER (R)

December 2009 and have written many opinions. As a diate court of appeals because
former trial judge for 15 years, I know the law well. I was we do not handle death penalty cases. All other appeals must be filed timely,
TRACY E.

voted Trial Judge of the Year by the Texas Association of although the appellate court can grant extensions for some filing delays.
Civil Trial and Appellate Specialists. Recusal: I will recuse myself from all cases where the constitution or the
Appeals: We handle emergency motions and use technology rules require recusal. In addition, I will voluntarily recuse myself where my
such as electronic filing and email to process any motions impartiality might be reasonably questioned.
promptly. The courts must be accessible. There are no “last-

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Background: Cum laude graduate UH Law Center; 27 year dures, habeas corpus matters, and 14TH COURT CANDIDATE, PLACE 9
trial and appellate lawyer; Board-Certified Civil Trial Law the like, in which the appellant
TIM RILEY (D) and Personal Injury Trial Law; Adjunct Professor of Law; claims irreparable harm without immediate action. I would address these very
Selected for inclusion in 2010 Texas Super Lawyers; 2007- promptly, at any hour.
2010 Recognition as one of “Houston’s Top Lawyers” H- Recusal: See Rule 18b. Summarized, recusal is required when the judge: (a)
Texas Magazine. is biased or his impartiality might reasonably be questioned; (b) has a finan-
Appeals: Last minute death penalty appeals are not heard cial interest; (c) was a lawyer in the case; or (d) is a party or material witness.
by this court but rather go directly to the Court of Criminal Subsection (b), (c), and (d) also apply to spouses and close family members
Appeals. In the intermediate appellate courts, “last-minute” and (c) and (d) also apply to former partners or associate attorneys.
or “emergency” appeals generally involve certain types of mandamus proce-

UNOPPOSED CANDIDATES
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 EARLY VOTING BY MAIL
In the General Election in November, voters in Texas may vote for any Only specific reasons entitle a person to vote early by mail (no longer
candidate they wish, regardless of whether they voted in a party primary called absentee voting). You may request a ballot by mail if you will be
or participated in a party convention. All candidates from all parties are away from your county on Election Day and during early voting, are sick
on the same ballot. or disabled, are 65 years of age or older on Election Day, or are confined
to jail.
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To vote, you must be a citizen of the United States, registered to vote, a Request an Application for Ballot by Mail (ABBM) from the early voting
resident of the county, and at least 18 years old on Election Day. You must clerk in the county where you are registered, or download the form from
not have been declared mentally incapacitated by a court of law. If you Secretary of State website: www.sos.state.tx.us. The completed form
have been convicted of a felony, you may register to vote only after you must be received by mail or fax by October 26. Note: postmarks don’t
have completed the punishment phase of your conviction, including any count. County elections addresses and fax numbers are also available on
terms of incarceration, parole, supervision, or period of probation ordered the SOS website.
by the court.
A ballot will be mailed to you, and you must return your completed ballot
WHERE TO VOTE to your county elections department by 7 p.m. on Election Day, Novem-
ber 2. The ballot must be received, not just postmarked, by that date; and
During early voting you may vote in any designated early voting center, faxes are not allowed.
but on Election Day you must vote in your precinct of residence (unless
your area is participating in a consolidated vote center trial). Your pre- HELPFUL WEBSITES
cinct 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 OF WOMEN VOTERS OF TEXAS
League provides county web links at www.lwvtexas.org). Voting places http://www.lwvtexas.org
are also listed in most newspapers. If you report to the incorrect polling LEAGUE OF WOMEN VOTERS (U.S)
place, you will be redirected to the correct site or offered a provisional http://www.lwv.org
ballot. You can vote by provisional ballot, but if it is determined that you SECRETARY OF STATE
are not registered in the precinct where you vote, your ballot will not be www.sos.state.tx.us
counted, by Texas law. More information on provisional voting appears
on the Texas Secretary of State website www.sos.state.tx.us. REPUBLICAN PARTY OF TEXAS
http://www.texasgop.org

EARLY VOTING IN PERSON TEXAS DEMOCRATIC PARTY


http://www.txdemocrats.org
All registered voters may vote early by personal appearance at any early
voting location in their county. Check with your local newspaper or the LIBERTARIAN PARTY OF TEXAS
county clerk or elections administrator for early voting times and loca- http://www.tx.lp.org
tions. Early voting days for the November 2, 2010, General Election are GREEN PARTY OF TEXAS
October 18-29. 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. LWV-
TEF 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 • www.lwvtexas.org