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Home » 2020-03-03 Republican primary » Texas » Court of Appeals, District 9 » Colleen Cordts Rice

Colleen Cordts Rice
Party Republican
Website www.VoteColleenRice.com
Born December 22, 1969
Education South Texas College of Law, Houston, Texas - J.D.; Agnes Scott College, Decatur, Georgia 1988-1992 B.A.- English Literature and Art History, Minor- Political Science
Occupation Attorney- Current Staff Attorney and Court Investigator at Montgomery County Court at Law No. Two, Honorable Judge Claudia Laird
Religion Catholic
Marital Married
Children 4

Colleen Cordts Rice

declared

Colleen Cordts Rice is a Conservative who was born and raised in Beaumont Texas.  She has spent over twenty-three years practicing law and raising a family in Montgomery County, Texas with her attorney husband, Robert Lawrence “Larry”  Rice, V, a native of Conroe.  In law school, she excelled in Legal Writing and Research Course where she achieved a coveted “American Jurisprudence Award” in her class section for the highest grade.  She has a strong faith and is active in her church and community.

She has experience as partner in Rice, Rice, and Rice, P.C. where she worked with her husband and father-in-law.   There she handled many types of civil litigation, and probate, and some appellate work. She honed her skills managing a business and a law office budget.  She also accepted a multitude of appointments by Judges to act as Attorney Ad Litem, Guardian Ad Litem, Amicus Attorney, and as Guardian under cases in their courts. 

Since September 2017, she is the Staff Attorney and Court Investigator for Montgomery County Court at Law No. Two, for Honorable Judge Claudia Laird.  In that position, she has issued countless opinions as guidance to the Court regarding guardianships for the incapacitated adults of Montgomery County and has researched and advised the Court regarding other civil cases.  She has experience following cases from the trial level through the appellate process.  There she has learned tools for efficient court administration to ensure access to justice for all. 

She has a level head, a dedication and thirst for the law, and strives for fairness in her decision-making.   She wholeheartedly believes in following the letter of the law as intended by our Founding Fathers and will work hard to do so.  

 

MCTP Rating of: 74 [reference needed]

Submitted by john wertz on 2020-02-16 02:19:36

Pros

  • Christian Conservative
  • 25 years experience in law with a focus on civil, family probate and guardianship.
  • Recognized 2/14/20 by Texas Supreme Court Chief Justice Nathan Hecht and the Texas Judicial Counsel for excellence in court administration.
  • Met Husband in Law School [since Graduation from Law school(1994) has practiced law in Montgomery county with her husband and father-in-law].
  • Long term Texas resident.
  • Went to South Texas College of Law

Cons

  • Doesn't have the depth and breadth of her other opponents in this race 
  • Voted Democrat in 2008; Republican since (Note:  later indicated she "crossed over to vote against Hillary".  Our reply to that is "you should always vote your values" ).

 

Campaign Finance Reports Source

Submitted by john wertz on 2020-02-09 14:52:01

     2019                          2020

                                                

    Jul - Dec           30 Day Report        8 Day Report

 

Video Interview Source

Submitted by john wertz on 2019-12-27 13:06:56

 

Questionnaire

General

Why are you seeking this bench and what 3 primary goals do you have in mind if you are elected?

I entered this race because I feel called to serve and I feel best qualified by my combination of experience and desire to protect our judicial system. I have some distinct qualifications that make me suited to serve as Chief Justice.  I have a keen eye for applying the law to situations and have the patience to sort through complicated matters to find the distinctions so that they may be applied to a decision.  I’m dedicated and passionate about the quality of my work and energetic about applying my skills to my duties.  I am level headed and patient, discreet and trustworthy.  I believe I have qualities that people should hope for in a judicial official. 

If elected, my first goal is to jump in, following in Chief Justice McKeithen’s footsteps as seamlessly as possible to continue administering justice speedily while maintaining the integrity of the court.   Smooth transition is important and I will do everything possible to prepare before beginning my term. I appreciate the fact that change, while inevitable, is tough, and hope that hard work and preparation can get the court back into a pattern of efficiency very quickly despite the transition in Justices. The second goal, of course, is to serve faithfully and to the fullest of my capabilities for the duration of my term.  I am prepared and confident in my legal skills to analyze and apply the law fairly and efficiently in order to serve the people of our counties.  Third, I plan to assess current systems in place for administration of the court and to suggest changes only where problems are identified.  If it is not broken, I will not fix it; there will be plenty of cases needing attention. I plan to get to work.

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?

Absent proof of neglect or malfeasance, I do not believe the state or federal government should ever have any means to meddling in the ability of parents to make decisions for their minor children.  Both groups, minor children and the disabled, need protecting from harm, despite the source.  Unfortunately, that is common.  However, government should only intervene when there is evidence that harm is likely or proven to have occurred.

What carries the greatest influence on your rulings: case law, the Constitutions, or other?

The Constitutionality of any law is paramount without question. Deference to the cases decided by our judges follows closely behind.  Error is the issue, not my agenda.

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

While the name suggests, a constitution is an amalgamation of core principals.  These principals should never change.  The application of these principals is where life begins, but can never have the application override the principal.  The ends never justify the means.

Please list the key differences between you & your opponent(s) in this race & why your experience/position is better.

The greatest differences between me and my four opponents are experience, energy level, and personality. I feel I am more qualified because of the breadth of my experience which includes raising a family (the toughest job), working in a general civil firm, accepting appointments from several Courts in family, civil, and probate matters, and working for a busy trial court where I’ve had a hand in analyzing cases, advising for decision-making, and helping to run a very efficient court.  Most importantly I have a strong work ethic, a quest for doing what is right, and other personality traits that pair well with my legal training and experience.  I have heard it mentioned that several of my opponents seem ready to “rest on their laurels” or to exit private practice, or to have benefits.  I am not seeking any of those rewards.  I already have a job secured in the public sector, with benefits, and I work very, very hard at it. I want this job because I know I can bring my attributes, and the energy and life experience of a young(ish) woman, to a traditionally male position.  I have a passion for the law and for finding what is “right”.  I know that I am the best fit for Chief Justice because I am willing to sacrifice to apply my energies to the tasks before me, to be innovative in solving problems if they arise, and to lead the court when necessary.    

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

I would hope that the average voter would read these inquiries and grasp the qualifications for each judicial candidate so that they can easily determine which candidate will work best for the position.  Voters in Montgomery County are fortunate to have groups that evaluate candidates in a thorough manner and issue recommendations.  Because of media bias, I don’t think today’s average voter should just consider recommendations from most news outlets but should be cautious in recognizing the bias.  I hope that most will do some research, but am aware that many do not.

What role should government have in reforming criminals?

The goal of incarceration is to protect the public, to attempt rehabilitation of the inmate and provide deterrence from future crimes.  

Criminals, if not educated and rehabilitated, are no better off than when they enter their incarceration. It is a matter of choice, if they chose to change and improve society benefits as well.

Please describe what you believe are the most significant issues in this race, why and what you'll do to address them?

I believe that election of the candidate who is best suited in temperament, judicial discernment and responsibility, is the most important issue in this race.  

I am an organized and efficient worker with experience making tough calls when it matters. I work hard when I’m given the duty to do so and will not rest until every stone is turned in order to do a fair job making just decisions and running an efficient court.  The people of our counties deserve a Chief Justice who appreciates the seriousness of their business before the Court, and I’m qualified and prepared to assume their trust and be that justice.   

Please describe the qualifications and experience that make you the best candidate for the office you are seeking.

The biggest difference between me and my opponents is my experience in court administration and assistance in court rulings.  I want to ensure that our appellate court has a decision-maker who is zealous in carefully measured decision-making that follows the law.  

While I’ve been assisting Judge Laird I’ve learned case management tools and watched implementation of the court budget.  I’ve researched and written briefs for decision-making at the trial level in order to avoid the necessity of appellate review.  Most importantly, I’ve issued reports relied upon as the basis for judgment on guardianship matters where our most vulnerable people, the incapacitated adults in the county, have their rights removed or restricted and placed with a guardian.  I’ve vetted the proposed guardians and followed up on the actions of current guardians under scrutiny, to try to ensure the court is empowering trusted decision-makers for our wards.  Almost every day brings news of these precious people that requires court attention, and I’ve been the one issuing most of that attention on a social and legal level.  I’m dedicated and very measured in applying the law to each of their situations.  These are issues that can be life or death, and affect Constitutional rights, so they are very important.  Responsibility has been trusted to me publicly in my work.

I also manage our “Court Visitor” Program where community volunteers are trained to visit wards and ensure that they are being cared for and adequately protected by the guardians.  I review all reports to search for any indications of problems, then follow up if so.  I’m intuitive and have a gut instinct for how the law works in relation to their individual situations.  I understand the importance of the decisions a court makes on the people.  

Like our wards, the decisions made at the appellate level have great impact on our citizens.  The people deserve fair judges at the trial level, and when they don’t feel they received fair decisions, they have a right to proceed with issues preserved for appeal. The trial judges also deserve well qualified appellate judges who will work hard to rule correctly. Our court system depends upon these checks and balances.  My background in research and analysis will serve well in position of Chief Justice.

 

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 do not anticipate any changes to the staff or court procedures upon taking the bench, and certainly not immediately upon arrival, unless staff positions are vacant.  I would hope that Chief Justice McKeithen’s staff would choose to stay on.  I plan to follow the procedures in place and will work with the other Justices for consensus to address any issues that may arise. 

If elected, I intended the court to be “in session” all days except for weekends and holidays.  By nature, I am attentive to my work and often work more hours and days than required, so I expect that level of attention to work will continue.  

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?

The Justice I respect most is Antonin Scalia for his respect of the Constitution and his style of writing.  We agree on most issues and I would love to have a fraction of his ability to analyze the law and write.  

I am most disappointed in Justice Ruth Bader Ginsberg.  As a strong female voice on the Court with a cult-like following, I am always disappointed in the liberal policies that drive her opinions. I am awaiting the day that a Conservative woman is appointed to the Supreme Court who will rule with respect for the Constitution and for life.

My opinion is that the best judicial philosophy for Supreme Court Justices is conservative judicial philosophy. I believe our government was founded on the principles that laws should come from the legislative and executive branch, and not from the judicial branch.  I believe in following strict construction of the laws and that the Constitution is an original document.   I believe in judicial restraint, not judicial activism.  

Do you think judges should be elected by the people, or appointed by a commission?

I definitely agree with our system of judges elected by the people.  The only other viable option is appointment, and that would take power from the people.   The people should choose their own government, including officials in the judicial branch.  I fear that judicial appointment would open the system up to fraud and favoritism where the opinions of the people are meaningless. 

What amount of indigent defense is appropriate for the State/Montgomery County? And why?

Indigent defense budgeting is an unfortunate but completely necessary program.  Every person deserves defense when his or her liberty is at stake.  The amount of the budget is set by the state based on statistics of criminal cases.  Montgomery County should allocate the maximum allowable so that defendants are afforded their rights to fair trials.  Many of those at risk of incarceration are generally not equipped with the skills necessary to defend themselves.  

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?

Our legislators should consider tackling civil forfeiture laws so that they are more balanced to protect the rights of citizens while ensuring that property is forfeited when it is truly “ill-gotten gain”.   I’ve recently heard stories of accused defendants losing their businesses before evidence of their crimes was even brought to a jury and I disagree with the process.  In cases where there is a need for civil forfeiture, the forfeiture should be post-criminal conviction so that there is a high burden of proof met and finding of guilt before deprivation of property.  The Constitution is clear on this.  Our judiciary may only enforce the laws as written. Attention to this issue should be directed at legislators by concerned citizens. 

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?

The 9th DIstrict Court of Appeals has jurisdiction over all civil and criminal appeals out of the county courts and district courts in the ten counties in the 9thDistrict (Montgomery, Jefferson, Polk, Newton, San Jacinto, Liberty, Jasper, Orange, Jasper, and Hardin Counties).   As a strict constructionist of the law, I feel my eye for legal analysis equips me well to review all types of cases as they are filed with the appellate court.  I relish the idea of working for the people who need to access the justice of the appellate court when the results of their trial level judgment are being challenged. It will be an honor.  I enjoy reading briefs and analyzing the law, and intend to apply myself as diligently as needed to make fair decisions based on the law.  I am level-headed and not one to allow bias to color my judgment.  I will work hard to ensure I rule according to the law and in keeping with the U.S. and Texas Constitutions. 

In your view, what is the threshold for determining constitutionality of a legislative act? or a challenge to it?

The threshold is incompatibility with the Constitution.  First there must exist a justiciable controversy for which the Court has jurisdiction.  The Court is reluctant to rule on constitutionality unless the law is integral to the controversy.  I believe the standard of review should be that the legislative act is in conflict with the Constitution and the unconstitutionality must be clear.  If so, the law should be struck down, or at least the portion in conflict with the Constitution should be struck down. 

Please list civic, political or union organization or individuals to whom you have contributed (five years):

Smocking Arts Guild of America (SAGA) – including Wee Care charity work

and Midnight Oil Smockers Chapter of SAGA

Sacred Heart Catholic Church

Sacred Heart Catholic School

Frassati Catholic High School

St. Vincent De Paul 

Diocesan Services Fund

Diocese of Houston-Galveston

Dynamic Catholic-Matthew Kelly

Salvation Army

Meals on Wheels program

Political candidates: Kristen Bays, Bobby Kaspryzak

Please list all conservative groups for which you are or have been a member, and list any positions held in each group.

Lake Conroe Area Republican Women;

Liberty Belles Republican Women;

Montgomery County Republican Women;

North Shore Republican Women;

Montgomery County Pachyderms;

Texas Homeschool Coalition.

Please list who is endorsing you and what their relationship to you is?

I have no official endorsements to date, but only recently announced my candidacy.  I look forward to amending this answer, when that hopefully changes! 

You are asking for the Republican nomination, what have you done to give back to the GOP?

I have been a consistent Republican voter and have made donations to candidates in the past.  I am currently a member of many Republican groups. My children will vouch for me as a lifelong Conservative radio listener as I’ve always kept up with federal level politics through conservative voices in newspapers, television and radio.  

10th Amendment

What are the limits of federal judicial review as far as the 10th amendment is concerened?

The 10th Amendment to the Constitution states “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." Federal judicial review is limited by the 10th amendment because the founders insured that all powers not delegated to the federal government remain with the states and with the people.  So, only state laws that violate specific prohibitions of the constitution may be declared unconstitutional.  Limits to the federal government’s power over the states and over the people are important to insure that the checks and balances of authority are respected.  Our government is based on the Constitution and the Bill of Rights, and the powers are not all given to the federal government in order to prevent tyranny.  

This means that judicial review is quite limited for the state laws since only laws that go against the specific prohibitions stated in the constitution can be declared unconstitutional and powers not delegated to the federal government are. It cannot declare a law unconstitutional simply because it conflicts with federal law but only because it conflicts with one of the specific things that states are prohibited from doing in the constitution. The federal government has no authority over the states and has very little direct authority over the people since only the constitution has that level of authority over them.

Ethics

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

No. Not in the least.

What standards of behavior would you impose on yourself—inside and outside the courtroom?

I am naturally a reserved person and don’t anticipate that my behavior would be problematic.  I was raised in an environment where good manners and behavior were expected, so I guess that worked and they are engrained in me. I don’t anticipate any problems meeting the level of decorum expected of an appellate court justice. 

In practicing law, ethical behavior is expected.  As an attorney, I was trained in ethics.  Lawyers must be diligent in keep confidentiality and watching for conflicts. Similarly, in working for a court, I have experience in keeping appropriate decorum and confidentiality. Those that know me well will vouch for my suitability to be nominated for Chief Justice.