Why are you seeking this bench and what 3 primary goals do you have in mind if you are elected?
I am seeking this bench because we need a strong conservative judge now more than ever. With each passing day we see a new angle from which others are eroding our God given, Constitutional rights. We see a lack of respect for the sanctity of life, a lack of respect for law and order (i.e. refusal to enforce laws, unequal application of laws for political reasons, judges that advocate from the bench and violate due process, etc), and a lack of respect for our Country. Simply put, we see injustice and need someone to stand firm against the currents of unconstitutionality. I see this as a vocation, a higher calling to serve our community and protect our rights. I was asked to run for this bench by several people in our community (who have actually witnessed my ability to uphold/enforce our laws while seeking justice here in our Montgomery County Courts) and through prayer and counsel from my wife, I am answering this call.
The three primary goals I have are: 1. docket management, disposing of cases in an efficient and fiscally responsible manner, 2. Enforce the laws/Constitutions as written, and 3. be available to the community, law enforcement, and other courts.
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?
Government needs to stay out of parenting. It has no business in our homes, let alone directing parents how to raise their children. There have been many abuses by the government when it comes to the infringment on this most basic right. Currently, the Drake case in North Texas where CPS removed a child from a loving home without due process, as well as the Leeper case where government tried to prevent parents from homeschooling their own children and even used law enforecment as a mechanism to impose its will. I can think of very rare occasions that the government need take such actions, and a current example is the Younger case where the mother of a young boy intends on submitting that young son for a sex change operation (against the father's wishes). In that case, where a parent is going to permanently disfigure a child and cause permanent psychological harm, the government should step in to prevent said child abuse. I can provide other examples I have actually witnessed and worked on as a Special Victims Unit prosecutor where parents have physically and sexually abused children, produced and promoted sexually explicit child pornography, and allowed others to sexually violate their own children. I have also witnessed parents abuse their children with methamphetamine. Outside of the rare exception of child abuse, government should stay out. However, even in those rare excpetions, the government needs to follow due process, providing adequate notice to the parents what the charges are, giving parents their day in court, making the government bear the high burden of proof by clear and convincing evidence, etc.
What carries the greatest influence on your rulings: case law, the Constitutions, or other?
While case law and stare decisis are important to provide consistent rulings that legitamize the judicial branch, consistent rulings are meaningless if they are unconstitutional. The greatest influence on my rulings are my faith and the Constitutions. My decisions will hinge upon whether my constitutent's constitutional rights and due process are being upheld, while not violating my conscience nor my faith in Christ Jesus. If I play the position assigned by the Constitutions, I will not legislate nor advocate from the bench, and will be incorruptable. I have a strong moral conviction that matches the heart of our community; I have courage to speak the truth, upholding our rights, seeing justice is done though the heavens fall.
Are the United States and Texas constitutions living documents? Please answer in the context of Progressivism versus Originalism.
The Constitutions are not living, breathing documents. They were carefully drafted with each word and diction having precise meaning. The Constitution was authored, argued, and ratified with the intent to limit the government, only giving it the powers specifically enumerated within its four corners. The text does not change with the times. There is no reason for the Courts to legislate from the bench, stretching the text to fit the whims of the current political climate, because the authors were wise enough to place within the Constitutions mechanisms for amending its text. If changes to the Constitutions are to be made, then two thirds House and Senate must agree, or two thirds a Convention of States, or for Texas, via legistlation with voter approval. If the Judicial Branch or any other branch takes action to change the meaning of the Constitutions without following these mechanisms for amendment, this is a violation of the Constitutions, the same documents they swore to uphold.
Please list the key differences between you & your opponent(s) in this race & why your experience/position is better.
There are many key differences between my opponent and I. The first major difference is I am actually a practicing attorney and he is not. In addition to campaigning, I am a full time civil litigator helping clients every day. While I am practicing civil law, my opponent has "suspended [his] private practice" so he can meet people in our community. The reason he must meet people is because he has never once filed a single pleading in Montgomery County. He is running for judge of a Montgomery County District Court and has never filed a single petition, answer, or response in Montgomery County. This is verifiable through the Montgomery County District Clerk's information.
Which brings me to the second major difference, that my opponent was a transactional attorney (meaning he spent all of his time counseling clients OUTSIDE of a courtroom, without adversarial litigation), while I am a trial attorney (meaning I litigate cases INSIDE of a courtroom). The 457 District Court is what is referred as a "Trial Court" (as opposed to an Appellate Court). A trial court, by definition is where adverse parties litigate their disputes in court, during a trial, in front of a judge and jury. As a civil litigator, I have worked cases from presuit demand phase, through filing a petition and litigating the matter, conducting both written and oral discovery, and motions practice. I have filed multiple pleadings (petitions, responses, and motions) in Montgomery County. I am also admitted to practice civil law in every single Federal District Court in the State of Texas. As a Montgomery County Assistant District Attorney, I handled the most serious cases within our legal system, with the highest standards of due process and burdens of proof. I participated in approximately seventy five trials in Montgomery County, including District Courts, where I specialized in every phase of trial (voir dire, opening statements, evidence, hearings, jury charges, closing arguments, and sentencing phases).
Which brings me to a third major distinction: I am the only candidate with Felony District Court experience. While the 457 is primarily a civil court it does handle major criminal matters. Every district court judge in Montgomery County must preside over two grand juries. Every district court judge in our County must issue grand jury subpoenas and more importantly set bonds for the most serious crimes affecting our community. We have seen the bond debacle in Harris County, where dangerous offenders keep getting released on inadequate bonds and reoffending while on bond. This is what can happen when a judge is elected who is not familiar with the criminal procedure. Lastly, every district court judge in Montgomery County must work on call after hours and be available to review criminal search warrants for Murder, Sexual Assaults, etc. As a District Court Chief Prosecutor, I served on call and have reviewed and written thousands of search warrants and recommended and argued for thousands of bonding schedules. I also presented hundreds of cases to the grand jury. Montgomery County needs a dynamic judge that can rule on a variety of serious issues starting on day one.
A similar, but important distinction is that I am the only candidate in this race that was actually in charge of case managment for Montgomery County District Court dockets. The main reason the 457th district court was created was to alleviate the stresses of our judicial system and reduce the docket size. As chief of two separate Montgomery County District Courts (359th, Judge Kathy Hamilton presiding and 435th, Judge Patty Maginnis presiding) I consistently disposed of more existing cases than new cases, reducing the size of Montgomery County District Courts. This is also verifiable. Another quality that comes from being responsible for every case in the District Court, is I have experience making tough decisions that affect others in our community. I have experience upholding our constituents' Consitutional rights.
Lastly, another distinction between my opponent and I, is that I have spent my entire legal training and career in Montgomery County and Texas. My history is transparent. I was top of my class and graduated summa cum laude from the University of Houston, and received my Doctor of Jurisprudence from South Texas College of Law Houston, where I was the number one ranked trial advocate, in the number one trial advocacy school in the Nation. I worked as a prosecutor for the Montgomery County District Attorney's office for approximately nine years, and am currently a civil litigator in The Woodlands. On the other hand, my opponent was educated in California and spent a third of his legal career in California.
My experience is better suited for the new 457th District Court which needs a judge who is going to put in the work and not take extended vacations. This campaign already demonstrates my work ethic (working full time, campaigning full time, being a full time father and husband, while still finding time to volunteer at church and serve as secretary for our Children's Advocacy Center, Children's Safe Harbor). In eight months, Judge Bays reduced her docket size by 25% (from 2,400 to 1,800) not only because she is talented, but because of her good old fashioned hard work. In addition to rolling up my sleeves and putting in the hours, my legal training and work history place me at a significant advantage over my opponent. It is not enough to say that you generally worked in civil law for fifteen years. That is the equivalent of saying "I have been an attorney for fifteen years," - it has no significance unless you know precisely what about those fifteen years suits you to preside over litigation matters in a Montgomery County Trial Court. You have to be able to tie experience to the job duties of the Court. My experience as a trial specialist, practicing civil litigator, district court chief, and public servant distinguish me from my opponent.
Please describe the best way for the average voter to determine which judicial candidate is best.
An average voter is someone who does not necessarily volunteer or work for our Party or any of the PACs, but someone who is somewhat familiar with the issues and is aware of the election date. The best way for this person to learn about and select the best judicial candidate is for the candidates to be vetted such as this questionnaire and vetting process by a neutral independent third party/committe without favortism, bias, or preconceptions. The candidates should answer questions about certain issues and political philosophies, while giving their platform and qualifications. However, it is not enough that a candidate be qualfied through skill, talent, and experience, their backgrounds should also be researched to make sure they have the right tempermant and will not bring disgrace or shroud the court with corruption or scandal. This vetting process will hopefully run criminal histories, and check for any prior reprimands, convictions, or liabilities. This will give the voter an opportunity to learn more about candidate and give them confidence in these turbulent times. Social media, websites, and other literature are also helpful.
What role should government have in reforming criminals?
As a conservative, I am for limited government, and do not believe the government has a role in rehabilitating non-military civilians PRIOR to a crime, which is why this question is interesting. This question specifies the reformation of "criminals," meaning that person has either been convicted or pleaded guilty to a crime. In that case, the person is already before the government charged with violating one of our statutes, so the peron is within the purview of the government and the government has a responsibility to that person, to see the punishment fits the crime, and their rights are not being violated. You don't want to swing the large hammer at a defendant that is undeserving. We also need to leave room for the posibility of the government comitting errors, and due process is upheld. The government has an incentive to rehabilitate those deserving to become more productive citizens. I support drug court rehabilitiation programs for addicts with small amounts of narcotics (as opposed to drug cartel or drug dealers transporting large quantities of narcotics). I actually volunteered to help Judge Maginnis and Judge Hamilton's drug court programs. I also support veterans court to help our veterans that have been deployed and seen combat. The program works with the VA to provide support, psychological services, and allows the veteran's charge to be dismissed. I also volunteered to help Judge Hamilton's veteran's court program and witnessed numerous graduations.
Please describe what you believe are the most significant issues in this race, why and what you'll do to address them?
The defining issue in this race is case management. Our County is one of the fastest growing counties in the Nation and while the statistics show we need three new courts, we have been given one, and we'll take it. The 457 District Court was created to alleviate docket size and efficiently dispose of cases. I am the only candidate with any experience managing large Montgomery County District Court Dockets. As a District Court Chief, I was in charge of every single felony case on the docket and over a years time that was approximately twelve hundred cases. It was my job to ensure justice was done while upholding everyone's due process and Constitutional rights. Through hard work I consistently disposed of more existing cases than new cases, shrinking the docket size and saving tax payer's money. I would not let cases become stale or delay justice.
My plan to efficiently manage the docket is to put in work. I will be at work Monday through Friday seven a.m. to six p.m. I will also be available after hours not avoiding my on-call responsibilities. A docket control order will be issued in every case immediately following the filing of an answer. This docket control order will have hard and fast dates consistent with the local rules, providing the scheduling and deadlines for the entire age case. I will require both parties engage in good faith mediation in an effort to dispose of the case pretrial. Trial dockets will be set three weeks out of the month, and with a venire ready to go, we will proceed with trial. Dispositive motions dockets will be set both in court and by submission. I will also have status dockets to ensure cases are proceeding according to the docket control order. Finally I will hire an extremely competent, hard working support staff and briefing attorney so more cases will be tended to and disposed of.
Please describe the qualifications and experience that make you the best candidate for the office you are seeking.
To answer this question, we must first ask what the job duties are for the office being sought. The 457th District Court is a Trial Court, where two parties litigate their disputes from the filing of a petition through written discovery and deposition, motions practice, and then trials. The Judge's job duties are to efficiently manage the docket, rule on issues of law while upholding Constitutional protections, review search warrants while on-call after hours, and to preseide over two grand juries and preside over trials. It is with these job duties in mind that you must determine whether the candidate is qualified.
I am supremely qualified for Judge of the 457 Distrtict Court because ALL of my prior legal experience has been in these areas. To break it down, the 457 is a Trial. Court. First, "trial:" I was the number one ranked trial advocate in the Nations number one ranked trial advocacy school, South Texas College of Law, Houston. I represented Texas in the most prestigious trial competitions in the Nation, from New York, to California, and states in between. I was a champion advocate and received numerous advocacy awards including Dean Gerald Treece's Student Advocacy Service Award and Order of the Barristers. After graduating law school I was hired by the Montgomery County District Attorney's Office and immediately began trying cases. I tried everything from class c misdemeanors to Capital crimes. In my nine years serving our community, I participated in approximately 75 trials. Throughout that time, I participated in every single aspect of trial, including arguing motions, evidentiary hearings, jury charge hearings, voir dire, witness examinations, opening and closing arguments, and the sentencing phase of trial. I specialized in the prosecution of child molesters as an SVU prosecutor, and was awarded Montgomery County Child Abuse Prosecutor of the Year. I was also awarded eight separate District Attorney Awards for meritorious work on difficult cases that affected Montgomery County.
This trial experience is crucial for Judge of the 457 District Court because I dealt with similar causes of action (i.e. Assault, Negligence, Theft, Fraud, Wrongful Death, and other disputes), except that a criminal court requires more due process and Constitutional protections, with a higher level of proof and a unanimous verdict. The similar causes of action in civil law have less at stake and require less of a burden without a unanimous verdict. In addition, both Civil and Criminal trials use the same Texas Rules of Evidence, of which I am an expert in. I have been trusted by Montgomery County to handle the most serious cases that affect Montgomery County. It should not be overlooked that I am currently a full time civil litigator who has successfully litigated one hundred thrity civil cases. As a civil litigator I have worked cases from presuit demand phase, through litigation - filing a petition, discovery, depositions, motions practice and pretrial. My entire career has been spent litigating BOTH criminal and civil law cases.
Second "Court:" I have spent one hundred percent of my career litigating cases in courtrooms. I have practiced law in every single County Court in Montgomery County, and I have practiced law in every single District Court in Montgomery County, save one (418th, because I am not a family law attorney). As previously mentioned I was the Chief of two separate Montgomery County District Courts where my responsibilities were to manage the large felony docket and handle the most serious cases. While on-call I visited crime scenes, helped author and review search warrants, made sure due process and Constitutional protections were upheld, and worked with District Court judges. I also presented hundreds of cases to the grand jury and recommended bonds.
I am the only candidate in the race with this experience. My opponent claims to be a civil lawyer. That is great, however he has little to no experience working in Trial Courts, as he admits he is a transactional attorney that counsels clients in non litigious matters. He has never filed a single pleading in Montgomery County, has never been in charge of managing a district court docket, and has no experience with the grand jury process, setting bonds, or reviewing search warrants. His experience as a transactional civil attorney does not qualify him for what Montgomery County needs for the 457 District Court.
Please describe the changes you will make to improve the efficiency of your court, yet remain thoughful about rulings/orders - that allows all parties to be heard and their arguments considered. Please specifically address how many days a year your court will be “in session.”
I think I previously answered this question when I addressed the the defining issue of this campaign being the efficient management of the docket. To recap, I stated I will work hard, immediately file a docket control order, require mediation, have motion dockets and status dockets, with hard and fast trial settings. I will hire a competent staff including a briefing attorney that will help me research issues so I can effectively address all matters before the Court. Court will be in session 51 weeks out of the year, and I will work Monday through Friday seven a.m. to six p.m. plus after hours on-call.
My Court will be extremely efficient and I will be able to help alleviate some of the other Felony dockets.
Among the nine justices on the U.S. Supreme Court(SCOTUS), which one do you respect the most, and why? Which one do you respect the least, and why? What judicial philosophy should a SCOTUS Justice have?
Since this question asks for the nine justices (current, not dead), The Justice I respect the most at this point is Justice Thomas. He is the most conservative Justice on the Supreme Court. He is a textualist and originalist who continually rules in favor of the indivual's right to bear arms under the Second Amendment as well as protect's State's rights. While I respect Justice Ginsburg for being one of the first women on the Supreme Court, she is my least favorite Justice. I disagree with many of her ideological beliefs, such as her stance ruling in favor of partial birth abortion and use of international law in her rulings. I also dislike her partisan comments about President Trump.
Do you think judges should be elected by the people, or appointed by a commission?
Judges should be elected by the people. If something as important as amending Texas Constitution requires voter approval, so should the election of our judiciary. As stated earlier, I agree with the vetting procedure if done properly as a mechanism to inform the average voter about judicial candidates, however, the ultimate decision should rest with the people. Even if the commission was made up of the best legal minds, there is more room for partisan corruption as we have seen in the Kavanaugh hearings. The more people that have a say, the harder it is to influence.
What amount of indigent defense is appropriate for the State/Montgomery County? And why?
Defendant's charged with a crime by the government are guaranteed legal representation. The appropriate amount for indigent defense for felonies is fixed in Montgomery County. Each Felony District Court has eleven attorneys and are paid an annual salary of $76,000, plus $750 per case if their caseload exceeds 91 cases. The average number of cases above the 91 cases is approximatley 8. The total known amount to pay indigent defense for felonies in Montgomery County is approximately $3,608,000. Misdemeanor indigent defense are paid per case and not a salary. The total amount for indigent defense for misdemeanor cases is not a known number like felonies. It is based off of the previous year's numbers plus a projection based on filing trends. However, within the judgments, the defendants are to repay the County for these funds, unless there is a finding of continuous indigency by the Court.
CSPOA says "Civil forfeiture laws pose one of the greatest threats to property rights in the nation today. They encourage law enforcement to favor the pursuit of property over the pursuit of justice, and they typically give the innocent little recourse for recovering seized property. And without meaningful transparency, law enforcement faces little public accountability for its forfeiture activity or expenditures from forfeiture funds." How should these Civil Forfieture issues be addressed?
As a conservative, I am fundamentally against the government taking property from private citizens. However, as a conservative, I am also for low taxes, pro law enforcement, and all for making criminals pay. When I was a prosecutor I handled the criminal aspects of asset forfeiture. I used a standard that if we could not prove that the property/proceeds were inextricably linked to a crime I would not authorize the seizure of said property. Currently, HB404 is very similar to the way I handled asset forfeiture. HB 404 increases the burden for seizing property to a criminal standard of beyond a reasonable doubt (no longer a civil asset forfeiture). HB404 has been tabled until next session. I support asset forfeiture if the property seized can be proven beyond a reasonable doubt was proceeds of a criminal offense. The seizure should follow all of the same constitutional guarantees and due process as a criminal case. I think we can all agree that the government should be able to seize dirty drug cartel money, so long as the government uses those proceeds in a manner permitted by the constitution, such as protection of the citizenry. This allows law enforcement to purchase bullet proof vests and other items without ever having to increase taxes. I also support the use of illegal proceeds for other causes. I know that Children's Safe Harbor receives a Federal grant from proceeds from white collar criminals in the victim of crime act. These funds help children who were physically and sexually abused.
Understanding that all courts in MoCo have general jurisdiction, the board of judges has moved towards specialized courts. What types of cases are currently filed in the court you are running for? What is your experiences to handle this specific case type? Are you planning on asking to change the case allocation or case type assigned to the court you are running for if you win?
Since the 457 is a newly created Trial Court, it does not yet hear any type of particular case. However, this Trial Court was created to help Judge Bays alleviate some of her civil caseload. It should also be noted that every single District Court in Montgomery County also handles serious Criminal matters (presiding over grand juries, setting bonds, reviewing subpoenas, as well as search warrants). I have previously addressed my experience handling these types of matters, and incorporate those answers here. As a recap, I am a trial specialist, handling the most serious cases a Montgomery County District Court can preside over (with the highest levels of due process and Constitutional protections). I have participated in approximately seventy five trials in Montgomery County, handling voir dire, jury charge conferences, examination of witnesses, opening and closing arguments, and sentencing phases. I am an expert using the Texas Rules of Civil Procedure that apply to both criminal and civil law matters. I am a full time civil litigator who litigates a matter from presuit demand phase, through filing the petition, written discovery, depositions, motions practice, pretrial hearings, mediation, etc. I have filed multiple pleadings in Montgomery County. I was a Montgomery County District Court Chief in two separate District Courts (359 and 435) where I was in charge of managing every single case on the docket. I was on-call with major crimes where I reviewed and authored thousands of search warrants. I have conducted hundreds of grand jury presentations. I am not planning on asking to change the case allocation. However I am qualified to preside over Criminal cases if the board of judges needs to allocate felonies to the 457.
In your view, what is the threshold for determining constitutionality of a legislative act? or a challenge to it?
As Judge I will take an oath to uphold the laws and Constitutions. Sometimes these two oaths are at odds. The threshold for determining the constitutionality of a legislative act is to first read it and see if it is unconstitutional as written. If there are a set of circumsances where the law could be unconstitutional then it should be deemed so. The judge should also analyze whether the law is workable - meaning even if written correctly could be unconstitutional as applied to a specific person. For example, one major issue could be "red flag laws" where one could petition the government to confiscate firearms from someone they deem to be a threat to themselves or others. Depending how it is written, the Court should look to the second amendment and see if the an individual's right to bear arms are being infringed. The Court could also analyze if the law as written could be applied without violating one's Constitutional rights.
Please list civic, political or union organization or individuals to whom you have contributed (five years):
I have contributed to D.A. Brett Ligon, Judge Phil Grant, Constable Philip Cash, Texas Right to Life, Texas Homeschool Coalition, Society of Samaritans, Saint Matthias Catholic Church, Wounded Warrior, CASA, Children's Safe Harbor, Republican Party, and Montgomery County Tea Party.
Please list all conservative groups for which you are or have been a member, and list any positions held in each group.
I am an active member of The Montgomery County Young Republicans. I am an active associate member to North Shore Republican Women's Group, Montgomery County Republican Women's Group, and am currently sending in my applications to the other Women's groups.
Please list who is endorsing you and what their relationship to you is?
I am endorsed by several people and organizations, however, the most important endorsement I am trying to earn is the endorsement of the Republican voter. Some of the people who endorse me are Brett Ligon (D.A. and former boss), Kathryn Nielsen Ross (voter/supporter), Susan Kelley (Texas Home School, Divine Mercy Academy, voter/supporter), Brian Boniface (director Woodlands Township pos. 2, voter/supporter), and others, including my wife, Mary Santini, and mother, Kathy Santini. I anticipate earning the endorsement of all firefighter PACs and law enforecement PACs in Montgomery County, having already received the HPOU endorsement.
You are asking for the Republican nomination, what have you done to give back to the GOP?
I have contributed financially to the Repbulican Party as well as its supporting organizations. I have donated money to the Republican Party, Tea Party, All seven Republican Women Groups, the Pachyderms, as well as groups that support the Republican Party, such as Texas Right to Life and Texas Home School Coalition. I have block walked and donated money to various Republican Candidates and Officials. I helped put up signs for Republican Candidates. I have defended our Platform on social media. I live my life by the Republican platform and raise my children to do the same. I have voted Republican since I was legally able to vote. I contribute my time and resources to charitable causes. I am an active member of my church where I teach marriage classes, C.C.E classes, and wrote the protocols for the first of its kind security ministry for the Catholic church where I am training parishoners to arm themselves to prevent and defend others against active shooters.
