What goals do you have in mind, if you are elected, and to which you want to be measured against in the coming term?

I decided to run for the 9th District Court because I believe that Montgomery County deserves a judge that has the depth and breadth of experience necessary to confidently and competently carry out the oath of office, and who has demonstrated a consistent commitment to the conservative principles that are the heartbeat of our community.  If elected, I believe that my tenure will be a success if (1) I am rarely, if ever, reversed, (2) if I am a passionate and effective defender of our Constitutions, and (3) if I am successful in reducing the backlog of cases currently pending on the trial docket.

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

I believe the voters must decide which candidate will interpret the law pursuant to the vision espoused by our Founding Fathers and will follow the law as it is written, rather than use the authority of the court to implement an agenda driven by special interest groups, other elected officials, or other factors.  In order to make that decision, I would encourage the vetting committee to determine whether the candidates are following the rules required of judicial candidates, (because that is an indicator whether we will follow the law when elected), whether the candidates appear to be free from influence of other groups or officials, and whether the candidate has demonstrated a lifelong commitment to the conservative principles that he/she espouses.  Voters must choose which candidate has the experience and expertise necessary to sit on all types of cases that may be heard by this court, and who will make sure that the 9th District Court will protect the rights afforded to us under the U.S. and Texas Constitutions, while ensuring that the public is safe from those who would harm us and that our tax dollars are used efficiently and effectively.

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

In my opinion, the Constitution is not a living document, and should not be interpreted according to changing times.  The problem with a Progressive approach is that it assumes that “the public” is inclined to evolve in the same direction and according to the same mores and norms, and that will never be the case.  Moreover, the federal government has usurped enormous amounts of authority that would be better left to the states, all in the name of Progressivism.  An Originalist interpretation of the Constitution creates a standard in which the goals of free enterprise, individual choice, and a smaller, less intrusive government can flourish.

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

The average voter must look at the candidates’ experience and expertise and whether that experience and expertise makes it likely that the candidate will be fair to ALL sides.  As we know from seeing our Congress in action, longevity does not always equate to effectiveness, and calling oneself a Republican does not always mean that one is conservative.  The average voter should consider whether a judicial candidate is running because that candidate believes in our Constitution and the purpose of our Courts.  The average voter should look for a candidate who can be trusted to protect the public, protect their rights, and stand up for the Constitution.

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?

First, some judicial seminars are required by the State, and are reasonable and necessary.  I have not considered an exact number, but as a private attorney I average approximately 26 hours per year of continuing education, and that does not include the time that I spend preparing to teach seminars.  The taxpayers should not pay a visiting judge to do the job that I have been paid to do, and I believe the Court should minimize expenditures of that kind.

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

I do not have a list of endorsements at this time, but would be happy to supplement in the future.

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

For the past 11 years, my practice has been devoted to representing clients at the trial level.  I have been both a prosecutor and worked on the defense side. The 9th District Court is a court of general jurisdiction, though it is currently only hearing felony criminal cases.  If elected, I have the experience and expertise to hear any type of case necessary, pursuant to the needs of the people of Montgomery County.  I have represented clients at all levels of the criminal justice system, from traffic tickets to murder, as well as representing numerous clients in civil, family, and juvenile cases.  The judge of the 9th District Court sits on the Juvenile Board of Montgomery County, overseeing the juvenile justice system in our county, so an in depth understanding of juvenile justice is important, and my experience with those types of cases will be helpful.  Judges also often sit by assignments for other courts, and I would be happy to offer my time to a family or civil court should the need arise.  Judges should work together to maximize efficiency and timely access to our courts.  Moreover, for the last 11 years, I have actively practiced in court, rather than being primarily an administrator.  I am proud to have prosecuted writs at the trial and appellate level, along with appeals to the Court of Appeals and Court of Criminal Appeals.  I have won awards for excellence in my field, including being named a Top Lawyer by Houstonia Magazine and H Texas Magazine.  I have a superb rating from www.avvo.com and also received Avvo’s Client’s Choice Award and Top Contributor Award.  In 2014, I was the Montgomery County Criminal Defense Lawyers Association’s Appellate Attorney of the Year.  I am frequently invited to speak at continuing legal education seminars around the State of Texas, helping other attorneys to better understand the law and expand their trial skills.  You can also look at my firm’s website at www.katherineshipman.com.   

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

The Court’s budget is driven by constitutional requirements and therefore some items cannot be budgeted in advance. The office budget can be controlled by limiting the number of times of visiting judge is required and making sure all expenditures are reasonable and necessary. Avoiding calling jury panels who are then discharged would be a cost savings. There's no reason to pay people or make them miss work if all matters can be resolved without a jury in advance.  As a small business owner, I am acutely aware of the need to spend providently, and will ensure that I am a good steward of not only tax dollars but of our taxpayers’ time. 

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

All records filed with the Court are public, unless sealed pursuant to statute, in order to protect the fairness of the proceedings, such as ex parte orders appointing experts and investigators in cases in which the defendant is indigent.  The Court’s budget is public, and I would be happy to make it easily accessible to the public.

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?

I do not believe the government should interfere with a parent’s decision, unless there is a clear and convincing showing of abuse or neglect.  Parents should be the ultimate authority as to what is best for their children unless they have demonstrated that they are truly unfit.

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

Yes, parents have that right.  Pursuant to Troxel vs. Granville, parents have the ultimate authority to decide what is in their child’s best interests, absent a showing of neglect and abuse.  Before another party can intercede, that party must first show that they have standing to bring a claim on the child’s behalf.  In cases of abuse or neglect, it is appropriate for the grandparents (or other party with standing) to seek relief on the child’s behalf.

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

As an active participant in our Courts, I have rarely, if ever, felt that the COURT was corrupt.  Instead, I have felt that individuals acted in such a way that the Courts were used to further an agenda or to create fear, rather than fairness.

How much of a problem is county hiring based on the "good old boy" / "loyalty to leadership" instead of one's ability to efficiently and ethically perform their tasks and functions? and what can realistically be done about it?

In the Courts, I have rarely encountered a situation in which I felt that hiring was based upon a “good old boy” mentality.  The Court staffs in Montgomery County are generally excellent at their jobs and a pleasure to work with. 

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

I can consider the likelihood that an illegal immigrant will return to the US after serving his sentence, and sentence him accordingly.  After serving a felony sentence, illegal immigrants are deported and set free in their home countries.  As we know, deportation is not an effective bar to returning to the United States.  Accordingly, I would rather know that an illegal immigrant is behind bars and the public protected than sentencing him/her in such a way that would ensure a speedy deportation (and an equally speedy return to our streets).

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?

As well, do taxpayers have-to-have one available during courtroom hours just in case someone might need their services?  To the first question, yes.  Pursuant to statute, non-English speaking people (irrespective of their immigration status) are entitled to an interpreter in criminal cases.  This requirement is rooted in the defendant’s right to a fair trial.  In civil cases, the non-English speaking party must pay for their own interpreter.  To the second question, no.  It would be a waste of money to pay an interpreter to sit around on the off chance that his/her services might be needed.

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

Put simply, Judges are charged preserving, protecting and defending the United States Constitution, the Texas Constitution, and the laws of our State.  I believe that judges need to return to a focus on the Constitution as our Founding Fathers originally intended it, rather than using the bench as a means to advance a particular agenda.  My judicial philosophy is rooted in the conservative principles of personal responsibility, accountability, and a smaller, less intrusive and more efficient government.  In criminal cases, defendants should be treated with compassion and grace, but should be held responsible for their actions, and public safety should be a paramount concern.  Our government should be held accountable for the actions of its agents and held to the highest standard when it comes to enforcing the rights afforded to us under the U.S. and Texas Constitutions.  Judges must have the courage to act in the interests of fairness, despite pressure from other elected officials.  In criminal cases, defendants should be held accountable for their crimes, and in a way that causes the least amount of burden to the taxpayer, while still protecting the public.  Judicial activism breeds government overreach, and judges should be mindful of using their authority so that it does not add further bureaucracy and waste.

What is the proper role of a lawyer?

A lawyer should zealously advocate for his Client, while passionately pursuing the freedoms protected by the U.S. and Texas Constitutions and a correct application of the law.

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?

I respect Antonin Scalia the most, and not just because of his witty and entertaining opinions.  His interpretation of the Constitution and his relative predictability in decision-making indicate that he is not espousing an agenda, but rather a meticulous Originalist interpretation of the Constitution that demands a particular outcome.  Sometimes, you can almost read in his opinions that he begrudges a result, but is determined to apply the Constitution correctly, and I admire that greatly.

I respect Ruth Bader Ginsburg the least, for the opposite reason.  She is agenda-driven, and is willing to engage in legal gymnastics in order to achieve a particular goal, an approach with which I disagree.  Also, she has often complained that the Originalists on the Court refuse to consider the arguments of the other side (See, i.e.; Hobby Lobby), rather than acknowledging that they have considered them, and rejected them as unconstitutional under an Originalist framework.

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

Elect conservative leaders who are committed to our Texas and United State's Constitutions and the conservative principles of personal responsibility, accountability, and a smaller, more efficient, more limited government

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

More than 90% of criminal cases are resolved with plea bargains.  As a general rule, I trust the competing roles of the District Attorney’s Office and Defense Counsel to find a resolution in a plea bargain that considers the strength of their respective cases and the criminal history of the accused to resolve a case appropriately.  Having practiced as both a prosecutor and a defense lawyer, I can assure you that the system is at its most efficient when the parties agree to a sentence.  When deciding on a sentence, I believe that the Court must consider the criminal history of the person charged, their past sentences and the length of time between sentences, and the instant charge.  Repeat offenders must be dealt with fairly and the punishment must fit the crime, but it must be made clear that those who refuse to conform to society’s dictates over a period of time should be subject to certain punishment.  Those who are not a risk to society should be punished in such a way that their punishment is at their expense rather than at the expense of the taxpayer.

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

I believe that the public can be trusted to make its own choice about whether a barber has the skills necessary to cut their hair or shave their necks.  Also, I believe that the public is sufficiently aware of hygienic concerns to make a decision about the appropriate level of cleanliness and sanitation necessary for a haircut.  This question reminds me of recent legislation that would permit hair braiding without a license, which is a perfect example of a regulation that needs a problem to solve. 

Lawyers are different, and are appropriately licensed by the Texas Supreme Court.  The nature of the law is such that the public cannot know and has no way to ascertain whether a person is competent to render legal advice, and when the lawyer’s incompetency comes to light, it is too late. Unlike a haircut, attorneys are offering advice and counsel to those in the worst straits, and some oversight is necessary. 

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

 The statute itself and the Constitution are always the guiding documents.  When the language of the statute is clear, generally we need look no further.  Frequently, at the trial level, Courts’ decisions are reviewed based upon an abuse of discretion standard, making seeing the Constitution as the ultimate authority even more important.  Nonetheless, stare decisis demands that a Court make decisions based upon case law.  If the lower Court ignores case law and is overturned, retrying the case would be a waste of resources.

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

No.

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

I would not, unless I was confronted with a former client who did not want to waive any conflict of interest.  Any cases that I have pending in the 9th District Court will be assigned to another attorney and transferred to another court.