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 came into this race as the sole challenger to the incumbent of the 410th District Court.  I did so because I believed that the 410th was not being efficiently handled, that tax payers were paying extra costs due to the inefficiencies, that litigants and attorneys were often being deprived of having the opportunity to be heard in a court of law, and that law enforcement needed a judge in the 410th who would be willing to uphold the on-call policy established by the Board of Judges in Montgomery by  making him/herself available for the review of warrants in emergency situations. Subsequently, the incumbent announced that he would not run for another term.  My three primary goals by which I would like to be measured if elected are as follows:

1. To put the 410th District Court back to work for the people of Montgomery County by being at the courthouse and hearing dockets each day, so that cases can be moved and so that litigants can be heard, and by eliminating the mandatory 1 year continuance rule that currently exists in the 410th which requires litigants (civil and criminal) who ask for a short continuance to have their trial continued to no less than one year in the future;
2. To be known as a judge who does her part to keep our community safe by readily volunteering for the review of blood warrants on holidays and on no-refusal weekends, and by being available to law enforcement for the review of warrants in emergency situations (when time is of the essence); and
3. To be known as a judge who knows the law, who applies the facts to the applicable law, and who is an impartial decision-maker that treats all persons that come in her courtroom with kindness and respect while maintaining control of the courtroom.

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

I was in private practice for 10 years before my appointment to Associate Judge of the 418th District Court, a dedicated family law court.  I am one of only 12 lawyers in Montgomery County that is board certified in Family Law, and I have held that certification since 2007.  A large part of the 410th’s case load is comprised of family law cases.  That number will continue to grow at a more rapid rate than general civil (which has always been the trend) as our county continues to take in a huge influx of new residents and as family law has been expanded by the U. S. Supreme Court.  According to Texasbar.com where lawyers are required to report their areas of practice each year, I am the only candidate in this race that practices (or in my case presides over) family law.

As the associate judge of the 418th, I preside over a myriad of types of family law cases, from uncontested divorces to complex jury trials.  I have a proven track record, and have been hearing jury and bench trials for almost 5 years and have never been reversed on appeal.   I have a reputation for treating litigants and attorneys with kindness and respect, and for having a strong work ethic.

I am the only candidate in this race with any board certification and any judicial experience.  Although my specialty area is family law, I have direct experience in many other areas of civil litigation from my years in private practice, and as a family law judge, I am routinely presented with and rule upon  general civil as well as criminal issues including torts, contract law, property law, trusts, bankruptcy, and protective orders.  Knowledge of these cross-over topics were part of the board-certification exam that I took in family law, which is part of the reason the exam is so difficult and why only 12 people in Montgomery County are board certified in family law.  Each day in court, I apply the Texas Rules of Evidence and the Texas Rules of Civil Procedure in the courtroom.  I am proficient in their application which applies to all family and general civil litigation.  I am the only candidate in this race with a proven track record.  

Finally, I believe that judges should be servant leaders.  You don’t serve us, we serve you.  You have a right to expect your judges to be at the courthouse working dockets, giving litigants the opportunity to be heard, and assisting law enforcement by being available to review warrants when they need us.  I further believe that as a judge, contributing to our community is important.  No other candidate in this race has demonstrated consistent and prolific community service to both this county and to the Republican Party.  I have devoted years and years of my time to the Women’s Republican groups in this county, including serving as the chair of the Scholarship committee and the Literacy and Youth Outreach committee at North Shore Republican Women (where I started two high school Young Republicans clubs at Willis and Montgomery high schools). Please visit my website at JudgeJenniferRobin.com to see the extent and the consistency of my community service.  My service has not been limited to or in anticipation of election years.

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

First, please see my answer to the first question in the General section. 

Second, this race is about experience and character.  Please see my answer to the second question in the General section; further there is nothing in my background of an embarrassing nature. 

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

I believe that these documents are not living documents, as Progressivists would suggest.  I believe that there is great danger in the idea of Progressivism in that there is no agreed upon guiding principle with which to interpret these documents.  The moral fabric of America becomes unraveled when a progressivist approach is applied to these documents because the moral values and the liberties that our Founding Fathers considered essential are set-aside.  Progressivism can only eventually lead to moral deterioration in our great country.

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

I believe the voter needs to review the qualifications of each candidate side by side.  After narrowing the candidates down, I believe the voter should compare the remaining candidates’ level of service and dedication to the betterment of this county and the Republican Party, and the consistency or lack thereof same.  Finally, in a perfect world, I believe the voter would need to talk to the lawyers in this county that appear in court in front of me.  I believe my experience and reputation as a sitting Associate Judge for almost 5 years would make me the clear choice if the voters talk with the lawyers in this county who appear in front of me. 

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?

In order to remain an active judge in good standing with the State Commission on Judicial Conduct, judges who have served 1 year or more must complete a minimum of 16 hours of continuing judicial education (CJE) annually, and for judges who have served for less than 1 year, the requirement is 30 hours.  This is in addition to the 15 hours of minimum continuing legal education (MCLE) that is required of lawyers in order to remain in good standing with the State Bar of Texas and to have an active license to practice law (which is required in order to be a judge).  As long as the CJE course is approved by the State Bar of Texas and MCLE department, the CJE course hours can also count for the CLE course hour requirements. 

I do not believe that judges should abuse the system and go to an absurd amount of instructional courses in order to “get out of the office.”  However, I do believe that judges have to maintain the minimum requirements required by the State of Texas/State Commission on Judicial Conduct, and I believe that judges should remain proficient in the areas of law over which they preside.  I do not believe that there should be “networking” days taken, and time spent teaching should be limited to only the amount of time that is necessary to teach the class (usually no more than 1.5 hours) and usually teaching hours can be applied to the required annual 16 hours of judicial continuing education.  No more than 10 days per year should be taken to fulfill the educational requirements for this position.

With that said, as an Associate Judge of a family law dedicated court, I usually attend the annual State Bar of Texas Advanced Family Law Course (typically a 3 ½ day course that includes some judicial hours and all of the continuing legal education hours including ethics that are required of lawyers).  I go to this course because it is an intensive course that keeps me updated on new case law and legislative changes, and includes complex family law topics that you cannot typically find at other seminars within the state. I usually attend one other course during the year, a judicial course, which is usually a 2 ½ day family violence course (protective orders) where most of the expenses are paid by a state grant.  This allows me to obtain my judicially required hours while minimizing any costs to the county from the 418th budget. 

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

My only official endorsement as of date is from the Family Lawyers for Good Judges P.A.C.

There are other vetting committees that have interviewed me but that have not announced their endorsements yet, and may not until after the filing period closes.

I do, however, have the support of our Sheriff, our District Attorney, and State Rep. Keough, among other department heads and elected officials in this county.  These individuals have been vocal in their support but have not made endorsements.

I also have the support of a humbling amount of attorneys and law firms (easily over 35) who have appeared before me and have confidence in my abilities and want to see me as the next judge of the 410th District Court.

None of the above are related to me.  My father, step-mother, and brother-in-law are attorneys in Montgomery County but they are not counted in the above number.

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

1. The 410th’s budget is posted by the county auditor on mctx.org.  District judges’ salaries are paid by the State of Texas, but district judges receive a stipend from the county currently set at $13,000.00 for performing extra-judicial services such as serving on the Board of Judges and the Adult Probation Board, and an additional $5,000.00 for serving on the Juvenile Probation Board.  The current judge of the 410th has historically not participated in these board meetings for several years, but has been paid for these services.  If I am elected, I will serve on these boards as is required of me as a district judge.  I would not change this line item for the next judge who presides over the 410th District Court, but at the moment, I do not believe the citizens of Montgomery County should be paying this judge for services they are not receiving.

   The 410th is one of only a handful of courts whose budget includes payment for “Mobile Telephone.” I would not request the county include this in my budget if I am elected to this bench.

2. Separate from the 410th’s budget but equally relevant, the State of Texas has a designated amount of money set aside for each administrative region for visiting judges.  It is a pool of money that is tapped into when any of our district courts need visiting judges.  The 410th District Court has historically (data only reviewed over this current term of office) abused the visiting judge program, and in one year requested and received over 80 days of visiting judges for this court for “Vacation.” This is a budgetary problem that also needs to be adjusted by simply not abusing the system.

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

All records subject to the Open Records Act will always be made available by me upon a request.  Additionally, the annual budget for this court, and what days I’ve requested a visiting judge, is all posted on the county website. 

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?

The only time I believe that this should ever happen is when there is abuse or neglect as to a child, and the family goes through Child Protective Services with service plans to help the parents become suitable for re-unification with the child if at all possible.

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

The law on the issue of “grandparent rights” was primarily defined by the U.S. Supreme Court’s Troxel v. Granville decision in 2000, and generally refers to grandparents seeking visitation rights with a child.  Since the opinion in this case was released, the Texas legislature re-drafted the statutes regarding “grandparent rights.”  In short, for a grandparent to be entitled to managing conservatorship of a child, he must prove that (1) the parent voluntarily relinquished actual care, custody and control of the child to the grandparent for more than one year, (2) the appointment of the parent as managing conservator would significantly impair the child’s physical health or emotional development, or (3) there has been a history of domestic violence.  Further, to be awarded visitation rights against the parent’s wishes, a grandparent must overcome the parental presumption that a parent always acts in the child’s best interests by demonstrating that denial of such visitation would significantly impair the child’s physical health or emotional well-being, along with other factors involving the grandparent’s child that is a parent to the child in question.

In cases involving “grandparent rights,” the question is whether the parent is acting in the best interest of the child.  If the parent is “fit,” he/she may appropriately choose the level of involvement the grandparent may have in the child’s life.  Alternatively, if the parent is not acting in the child’s best interest (as defined above), the “parental presumption” no longer applies and the court may place the child with a grandparent (or order grandparent visitation) if the court believes same would be in the child’s best interest.

As to doctor intervention, unless abuse or neglect is suspected or in the case of an emergency, doctor intervention may only be obtained with parental consent.  If one parent disagrees with the other parent as to whether doctor intervention is necessary as to a child, that matter can be litigated in the family courts to determine whether one parent should have the exclusive right to make invasive medical decisions, or in rare situations, whether a parent should have the sole right to consent to one particular type of medical intervention (i.e. parents do not agree on whether a child needs surgery to correct a degenerative skeletal problem that will worsen significantly without surgery but that has high risks to the surgery).

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

I believe that for the most part, we have good judges in Montgomery County who handle their courts with integrity.  Corruption is a strong word and I hesitate to throw it around lightly.  I believe that the misuse of government time in the 410th District Court is inefficient and costly.  This includes consistently staying for only a few hours at the courthouse for a few days a week in most instances, and abusing the number of days of having visiting judges sit for that court.  See answer to Question #9 above.

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?

I do not have first-hand knowledge of the county hiring employees based on anything other than an applicant’s abilities.  I optimistically hope that “good old boy” networks and “loyalty to leadership” hiring are a thing of the past.  Realistically, these types of things may have existed historically and could very well still be a prevalent problem.  There are policies in our county that require job openings to be posted on the county website for a certain period of time, and also that certain basic skills are required for certain positions.  These types of policies, as implemented by the Human Resource Department, go a long way in curtailing improper hiring.  Additionally, concerned citizens acting as watch dogs and bringing improper hiring to the public’s attention is a key deterrent to officials abusing the hiring process.

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

The court is limited in what it can do because of adherence to the U.S. Constitution and the legal precedent set by the U.S. Supreme Court interpreting the 5th and 14th Amendments of the U. S. Constitution.  The 5th Amendment provides that “No person shall be deprived of life, liberty, or property without the due process of law.”  The 14th Amendment provides, “nor shall any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection under the laws.  The U.S. Supreme Court has uniformly held that “legal aliens” are “persons” within the 5th and 14th Amendments and have the right to bring a civil suit.  Strict interpretation of the 5th and 14th Amendments does not provide for an exception for illegal aliens.  As such, a district court is not allowed to deprive an illegal alien the right to file suit.

There is one unique situation that has been presented to me due to the 418th being a dedicated family law court, and that is the situation where unaccompanied minors seek Special Immigrant Juvenile Status.  Part of that process involves a family law court, in some circumstances, conducting a hearing and making or not making certain findings as part of several-step process for obtaining this special status.  The family court does not have the right or ability to determine whether the special status is granted to the child.  The court’s only role is to determine whether the child is a minor dependent upon the state because the child cannot be reunified with one or both parents due to abuse, neglect, or abandonment, and that it would not be in the best interest of the child to return the child back to his/her previous country of nationality.  I help protect citizens from illegal aliens by thoroughly inquiring into the facts of the case and ensuring that all prerequisites are met before making any determinations that would possibly allow the child to proceed to the next step in applying for the special status.

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?

The rules regarding interpreters are set forth in Chapter 57 of the Texas Government Code.  Non-English speaking litigants, regardless of citizenship status (see answer to Question #17 above), must be provided with an interpreter whether in a civil or a criminal proceeding.  An exception is made for situations where the language is somewhat obscure and no certified interpreter is available within  75 miles, in which case the court may appoint another person (friend or relative) to translate during the proceeding.  In criminal cases, the county is responsible for paying for these interpreters.  In civil cases, the court may order the costs to be paid by a party pursuant to Rule 183 of the Texas Rules of Civil Procedure.  If a party appears with an attorney not involving quasi-criminal or criminal matters and needs but does not have an interpreter with him/her, I will have the office staff contact the Office of Court Administration (OCA) to request that an interpreter that has been assigned to a criminal court that day to interpret for my proceeding while on break or when finished in the other court.  This minimizes the cost to the county because the interpreter is already being paid to be there for another docket.  The OCA checks the criminal dockets in advance to determine whether one or more criminal courts need an interpreter, which is always the case.  In situations involving a foreign language other than Spanish that is not already assigned to a criminal court on a particular day, the OCA may be contacted to set up the interpreter, but I evaluate the financial circumstances of the litigant to determine whether a party should be ordered to pay the costs for the interpreter.

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

I believe that the first sentence in the Preamble of the Texas Code of Judicial Conduct best describes the job of a judge:  “Our legal system is based on the principle that an independent, fair and competent judiciary will interpret and apply the laws that govern us.”  A judge’s job is to know the law, to apply the facts of a case to the applicable law, and to make an unbiased decision in the pursuit of justice.

I support judicial restraint and believe that a judge’s role is limited to interpreting and applying the law as written, rather than “legislating from the bench.” As part of my adoption of the philosophy of judicial restraint, I believe that the separation of powers as contained in Article II of the Texas Constitution must be preserved, and that judges do not have the authority to act as policy-makers or assume legislative powers.  I further subscribe to the doctrine of stare decisis, and believe that it is a judge’s obligation to honor the previous decisions of higher courts (precedents). 

What is the proper role of a lawyer?

I think the role of a lawyer is best described by the Preamble to the Texas Rules of Disciplinary Conduct:

“A lawyer is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice… As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client's legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the clients position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealing with others. As intermediary between clients, a lawyer seeks to reconcile their divergent interests as an advisor and, to a limited extent, as a spokesperson for each client. A lawyer acts as evaluator by examining a client's affairs and reporting about them to the client or to others.”

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?

Respect the most:  Justice Scalia, because he is a textualist and originalist and recognizes the importance of preserving the organic laws of the United States of America, as set forth in Volume I of the United States Code (Declaration of Independence, The Articles of Confederation, the Northwest Ordinance of July 13, 1787, and the Constitution of September 17, 1787). 

Respect the least:  Justice Kennedy, because he was appointed by Ronald Reagan as a conservative, but has progressively become liberal over the years, culminating in the Obergefell v. Hodges case.

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

Elect qualified, conservative Republican candidates with strong character to fill all elected positions.

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

At this time, I am presiding over family law cases only, and the only time I assess jail time as punishment is when I have found that a party is in contempt of the court’s order.  Jail time in these types of cases, even if commitment to the jail is suspended upon certain terms of community supervision, has a tremendous effect on reducing recidivism.  In these cases, the reality of going to jail if certain terms and conditions are not met (such as timely paying current child support and payments toward delinquent child support) is all it takes for a party to realize the significance of a court order.

As to criminal cases, research consistently shows that the criminal history of an offender prior to incarceration is a reliable predictor of whether or not incarceration will deter re-offending upon release.  Analyzing the prior criminal history of the offender would be one factor I would consider in sentencing offenders.  However, there are some crimes that are so violent or egregious to the victims that failure to consider atonement as a factor in sentencing would be a failure of justice.  Additionally, a large portion of the crimes committed in this county stem from illegal drug or prescription drug abuse.  Drug courts as an alternative to the traditional court process have had great success in reducing recidivism, but this would only be appropriate in certain cases including where the crime was non-violent and the subject is not a sexual offender.  These are all factors I would consider, while following the law and assessing punishment within the statutory ranges applicable to the crime committed.

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

Section 1601.001 and 1601.002 of the Texas Occupations Code defines “barber” and “barbering.”  Barbering includes services such as chemical hair processing and coloring, as well as traditional notions of hair and mustache trimming.  Until the law was changed in the last legislative session, my understanding is that “barbering” included hair braiding, which is a service that involves no chemicals and is easily “undone” if dissatisfied.  The inclusion of hair braiding in licensing requirements was ludicrous, and was over-reaching by the state of Texas.  Now that the definition has been changed to exclude hair braiding, I do believe the state should license barbers based on the definition of “barbering.”  Patrons could be harmed by the improper mixing or handling of chemicals without proper training by the practitioner, and the only way to regulate that is by licensing requirements.  It creates some public trust in “barbering” profession to know that someone has received some training prior to cutting, perming, or coloring your hair.  If “barbering” only referred to the cutting of men’s hair and men’s mustaches, I would not have a problem with it having no licensing requirements.  I personally want to know that someone has received some training before that person begins cutting on my hair.  The same is true with regard to hair coloring. 

Rule 1.01 of the Texas Disciplinary Rules is entitled “Competent and Diligent Representation” which is a cornerstone of attorney’s ethics.  The comment to that rule states:  “A lawyer generally should not accept or continue employment in any area of the law in which the lawyer is not and will not be prepared to render competent legal services. Competence is defined in Terminology as possession of the legal knowledge, skill, and training reasonably necessary for the representation. Competent representation contemplates appropriate application by the lawyer of that legal knowledge, skill and training, reasonable thoroughness in the study and analysis of the law and facts, and reasonable attentiveness to the responsibilities owed to the client.” Licensing of lawyers is a benchmark to ensure that lawyers have a basic level of competence before he/she is allowed to represent clients.  This is important to maintaining trust in the legal system.

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

The Constitution and statutes created by our legislature are the primary rules of law. The Constitution and state statutes are the starting points for my rulings.  Case law interpreting the Constitution and these statutes must then be applied.  Legal precedent in the form of case law from higher courts construing the Constitution and our statutes should be followed pursuant to the doctrine of stare decisis.

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?

The rules of disqualification and recusal of judges govern this issue, and specifically are found in Rules 18a and 18b of the Texas Rules of Civil Procedure.  The grounds of recusal, and the circumstances in which I would need to recuse myself are listed under 18b(b)(1-8).  The parties to a proceeding may waive any ground for recusal after it is fully disclosed on the record per Rule 18b(e). Grounds for disqualification (such as being related to a party or previously serving as a lawyer in the matter) may not be waived.  As a currently sitting associate judge, I make it a point to always disclose any facts on the record in open court that would even remotely give rise to a possible ground for recusal.  The matters are discussed in open court and most of the time any possible grounds for recusal are waived by both parties and attorneys on the record.  In the event that the recusal ground is valid (i.e. I had served a mediator in the case prior to my appointment) and the parties do not waive the ground for recusal on the record, I refer the case back to Judge Gilbert to hear.  If I am elected to preside over the 410th District Court, and such a situation should arise, there is no associate judge in that court to alternatively handle the matter, and so I would follow the procedures outlined in 18a and 18b of the Texas Rules of Civil Procedure.