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Home » 2016-03-01 Republican primary » Texas » Supreme Court Justice Place 9 » Joe Pool

Joe Pool
Party Republican
Website https://www.facebook.com/Joe-Pool-264664807007543/
Born
Education JD University of Texas
Occupation
Religion United Methodist
Marital Married

Joe Pool

declared

Joe's father was Texas' last Congressman-at-Large for the whole state.

MCTP Rating of 70 Source

Submitted by john wertz on 2016-01-05 13:52:04

PROS:

  • Suggests votes on Petitions for Review disclosed w/categorizations of the issues decided to highlight judicial activism
  • Shows great passion for the Constitution
  • Feels the courts practice of overturning jury verdicts is unconstitutional

CONS:

  • Contradiction:  Believes in judicial engagement, constitution first and admiring Scalia as top SCOTUS on one hand, but he says "precedence" is his judicial philosophy (which is not Scalia-like) on the other hand.
  • Doesn't know the law that avails interpreter for illegals (in criminal cases) by tax payers. In criminal cases this deprives the defendant of due process and is unconstitutional. 
  • Believes anything that involves criminal behavior or may be a criminal violation gives courts the right to order parents to do things for their children that the parent does not believe should be done. (this is very broad).

Questionnaire

General

Please describe what you believe are the most significant issues in this race and why.

The jury verdict overturn rate on the Texas Supreme Court witnessed from the Perry years and justices he appointed was a staggering 74%. Often in favor of government entities, Chambers of Commerce and corporations over Texas citizens.  I am not an activist, but as I mentioned before, “We the People” in the judiciary is a jury verdict and we need to respect these decisions made by the most impartial and best fact finder ever devised by man.  Jefferson once wrote “the jury is the only device ever imagined by man that will keep a democracy bound to the principles in its constitution.”  I could not agree more.

Justices who receive thousands of dollars for lawsuit reform are unqualified to serve as it gives the appearance of impropriety in light of the overturned jury verdicts which were conclusive at the Court Of Appeal.

I thank you for drawing needed attention to the records on this judicial bell weather of our constitutions.

Are the United States and Texas constitutions living documents?  Please answer in the context of Progressivism versus Originalism.   

No. Our constitutions are original documents that mean what they say. There are a few dated in time original provisions which have been changed by Congressional Amendment.  Our constitutions are pure genius republican documents providing for self-correction by the citizenry when needed.

But some have undermined this genius.  There are issues that have been decided by judicial activism by our Supreme Court as if it were some super above the law legislature.  The most egregious example is Roe v Wade.  We as a nation were happy with each state determining their life issues before Roe v Wade. After forty years Congress has failed to act on this important life issue. “Progressivism” led the Supreme Court to its decision in Roe v Wade to the detriment of our original constitution.

Please describe the best way for the average voter to determine which candidate for this office is best.

One way is to check the candidate’s website or advertising. Looking through these you can quickly determine whose pockets are revolving doors for “justice”.  I have run for SCOTX 3 times and have always been outspent 20 to 1 by my opponents.  This election I am running to win and will do whatever it takes to get the Republican nomination.  We do not have much time or opportunities left to make the United States and Texas great again.  I want my children and my children’s children to have the Texas that I had.

The candidate with the most published endorsements is also usually the establishment candidate. The act by the candidate in republishing endorsements with glossy pictures is an admission of bias and prejudice in the court. Some justices publish so many endorsements it is a wonder that they can hear any case without conflict of interest.  I do not publish endorsements from public officeholders because it has the appearance of impartiality to the public at large with a bit of I do not care what the public thinks attachedI understand that voting is oftentimes a popularity contest.  I am not here to be popular, I am here to get our judiciary back on constitutional tracks.

How many days off per year should the officeholder of this position take to learn (seminars & workshops) or teach (give educational or motivational talks) or network with other county officials?

No more than a month. They should spend more time working and less time traveling and campaigning.

Who is endorsing you and what is their relationship to you?

I am just starting the campaign with your questioneer. I do not have any formal endorsements other than my extensive network of family and friends at this time. Montgomery County Tea Party did endorse me for this office in Place 6 during the last election cycle. Thank You

Why are you running for this office and what 3 major goals do you want to be measured by if you are elected?

Texas is tired of the established appointed justices enacting unconstitutional laws, protecting huge corporations and treating them with preference to “we the people”.  The Constitution says “We the People” not we the special interests.  I am running to be a voice for “We the People” in the judiciary. 

Three goals for the benefit of all Texans would be the reversal of decisions like Greater Houston Partnership v. Ken Paxton (which went against Attorney General Abbott Opinion), eradicate official oppression of taxpaying citizens by reversal of unconstitutional actions and decisions, and the streamlining of our civil judiciary so it can handle more business and property disputes with more civil jury trials.  In the judiciary, “We the People” is a jury verdict.  Unfortunately we have seen a 74% jury verdict overturn rate by our Texas Supreme Court. Hard to process when the Texas Constitution states Art.1.Sec.15. “The right of trial by jury shall remain inviolate” and Art.5.Sec.6. which states Courts of Appeal shall be conclusive on all questions of fact.

What are the three main reasons you are running for this office? Do you see any potential conflicts of interest?

I have been a practicing attorney in Texas for the last 34 years, have a strong devotion to our constitutions and am passionate about liberty and justice for all. 

Budget

What are the top 3 areas where the budget for this office needs to be adjusted?

This office is currently fiscally responsible and fairly efficient if you appreciate a fast track to unconstitutionality. The one area I would entertain a small budget increase would be to implement more constitutional transparency on the court’s decisions.  All votes on Petitions for Review would be disclosed with categorizations of the issues decided.  This way constitutional conservatives and Texans alike could tell at a glance which justices are judicial activists and which are following our constitutions.

How will you improve the transparency and access to financial and other records for the public?

Yes as I have previously indicated I am a total transparency candidate. If a group takes and uses undesignated tax dollars for whatever reason they are subject to the Texas Public Information Act

Other civil liberty

To what extent do you believe the state or federal government should be able to obtain court orders directing parents to do things for their children that the parent does not believe should be done?

Anything that involves criminal behavior or may be a criminal violation by the parents or the child is fair game for a court order directing parents to do things. Orders dealing with divorces and children are also necessary to adjudicate disputes between former spouses and sometimes between former lovers.

Everything else may be unfortunate for the child but does not trump parental rights.

Do parents have the right to block grandparent "rights" or doctor intervention? Why/not?

Subject to my prior answer above parents may block grandparents’ rights and doctor interventions because parents have the final say in all things domestic for their child.

Ethics

Where do you perceive the greatest corruption exists in Montgomery county courts?

The greatest corruption in our state exists in our legislature where they enact laws favoring special interests to the severe detriment of Texas citizens.  The most egregious examples are laws benefiting payday and title loans. Some of these $500 loans pay for themselves 5 to 10 times in interest and charges over ten years.  The way to stop opportunistic bad legislation is to enact an Amendment to Texas Constitution for Voter Campaign Finance Reform which would limit campaign contributions to those who may Vote in the same election. No more nationwide commercial self-interested monies to our legislators. They would be limited to their constituents for campaign monies. Finally we would have laws based upon need and not upon greed and legislators will start calling you back. Note: The Voter Campaign Finance Reform Amendment would also make a great and needed US Amendment as well. See nvnc.us for a website I constructed on this issue.

Immigration

What can you do in your court to protect citizens from harm by illegal aliens?

Make our courts more accessible for civil suits against illegal aliens with the added punch of a jury or judge recommendation for deportation sent directly to INS. We need to get legislation passed to revoke the perks and privileges have been given when our borders are crossed illegally.  I would hope to see some anti-amnesty legislation as well passed at the state level.

Do the taxpayers have a responsibility to provide an interpreter for non-English speaking illegals?  As well, do taxpayers have-to-have one available during courtroom hours just in case someone might need their services?

NO WAY. If you are here illegally the burden is upon those who wish or must avail themselves of our court system to learn the language or get a relative or friend to interpret. 

Other

What is the job of a judge?   What is your judicial philosophy?

The job is pretty simple - preserve, protect and defend our US Constitution and the Texas Constitution by observing restrictions on governance and enforcing the laws constitutionally passed.

My judicial philosophy is precedential, conservative, less government is best government, total tax $ transparency and eradication of all judicial activism of the past.

What is the proper role of a lawyer?

The proper role of an attorney is as a fiduciary to the court to be sure justice is achieved for all parties involved. The attorney should always advocate for his or her clients but never against the court. Do everything you can so your client may win except undermine the court or undermine the truth.

Among the nine justices on the U.S. Supreme Court, which one do you respect the most, and why? Which one do you respect the least, and why?

Scalia. He is a strict original constructionist and always errs on the side of the Constitution.  He is a great man and I wish there were more of him serving in our National Judiciary.

What is the single most important action the county needs to do to keep this a great community to live in?

Remediating the judicial activism of tort reform will bring forth more entrepreneurs, inventors and new businesses creating more jobs than we have seen in a generation. It would be a multiyear process creating new jobs. It does not start until it is started. My election to the Texas Supreme Court would send a clear message to entrepreneurs, inventors and new business creators that all business disputes will be decided in a fair and efficient manner without the severe additional litigation expenses imposed under the guise of tort reform. The Tort Reform Lobby never understood that fair and impartial adjudication of business and property disputes is necessary for commerce and even more necessary to have more commerce.  I am the one candidate that has figured out that the United States is the only country in the world that preserved the right of a civil jury trial for its citizens which in turn provided a fair and impartial super incubator for all ideas commercial.  When we preserved this constitutional right to a civil jury trial (1800-2000) our economy consistently beat all others.

Please explain your view of recidivism and how it affects the sentences you given

Not Applicable

Should the state license barbers?  Lawyers? Why or why not?

No.  This year I was proud to see the SCOTX vote to stop the licensing of African Hair braiders in the Brantley decision.  Any trade that has no history of maiming and killing does not need a licensing bureau unless that trade is one that affects the wellbeing of citizens for the rest of their lives. We are all sinners and Attorneys have way too many opportunities to sin and need supervision and continuing legal education.  No on barbers, yes on lawyers.

What carries the greatest influence on your ruling: case law, the Constitution, or other?

Constitution is the first and foremost consideration in every case. Frame the case or controversy in its relation or violation of the federal constitution first and then its relation or violation of our Texas Constitution.

Is there anything in your background of an embarrassing nature that should be explained before your election?

Each of my prior 2 runs for office I explained the call I received from providence to run.  We do not always get to choose the caller and in my case it was a total shock to my 30 years of legal practice. My wife Leslie and I became the most sanctioned Client and Attorney ever in Texas because my step sister in law produced a will of her father’s that was obviously to us a forgery.  The three witnesses attested that the will was five pages but only 2 pages were filed.  The father signed his own will as a witness. I do not actually know why Travis County Probate Judge Guy Herman, Democrat, punished Leslie and I with over $100,000 in multiple sanctions as he summarily decided the will was valid. Leslie paid the probate fee for a jury determination of will validity, but we never got close to a jury. Judge Guy Herman had gone ten years without a jury contest determination.  Judge Herman’s long 54 findings of fact in his final order mudded us up with tall tales of bad behavior for the appellate justices to further sanction Leslie $30,000 for appealing.  This judge is an activist and an embarrassment to the judiciary.  He is also the first one to allow a gay marriage to be recognized in TX before the SCOTUS decision became the law of the land, and went completely against our TX Constitution.

To what extent would you need to recuse yourself from cases because of conflicts of interest?

I do not anticipate any cases coming before the court that would require my recusal. Direct financial or family interest would of course require my recusal.

Can the legislature effectively write law that makes sense for 30 million people? Please explain your thoughts

They can because every Texan has been born into or applied to be a part of our US and Texas Republican forms of government enacted by our constitutions.  The short answer is every Texas citizen has to effectively comply with whatever law is enacted. Texans do not have a choice we have to comply.