What are the three main reasons you are running for this office? Do you see any potential conflicts of interest?
County Court at Law #4 is a misdemeanor criminal court that handles the specialized domestic violence docket. I have extensive experience in handling all types of misdemeanor criminal matters and, in particular, specialized experience in domestic violence cases. I have served as the Chief Prosecutor for all five county courts at law throughout my career, and have successfully managed heavy caseloads and court dockets and kept them running smoothly and efficiently to avoid unnecessary delay in resolving cases in a timely manner. I helped create the domestic violence division at the Montgomery County District Attorney’s Office, serving as the first specialized domestic violence prosecutor in Montgomery County, and I have served as the Domestic Violence Chief over that division for the majority of the DV court’s existence. This specialized court is extremely successful at holding domestic violence offenders accountable, obtaining convictions against violent offenders, and protecting victims of violent crime in Montgomery County.
Please describe the best way for the average voter to determine which judicial candidate is best.
Montgomery County is blessed to be small enough that citizens can attend events and forums in order to meet candidates and interact with them in person, to ask questions that will help them determine the most qualified candidate. In light of this, candidates should make themselves available to the general public for purposes of discourse and discussion. Particularly important in a judicial race, candidates should subscribe to the Code of Fair Campaign Practices and Code of Judicial Conduct.
Please describe what you believe are the most significant issues in this race, why and what you'll do to address them?
The most significant issues in the race for County Court at Law #4 is electing a qualified candidate with significant experience in handling specialized criminal court dockets, who upholds the integrity and independence of the office, and displays judicial behavior reflective of Montgomery County’s values.
How relevent today is Blackstone's maxim "All presumptive evidence of felony should be admitted cautiously; for the law holds it better that ten guilty persons escape, than that one innocent party suffer".
This idea is as relevant today as it was when originally asserted; in that the checks and balances that are set up in our system should require both the prosecution and the defense to employ careful review and consideration of the facts and evidence according to established rules and principles (i.e. due process), to discern the proper outcome.
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?
It has been my experience that specialization allows for a more effective court docket, and facilitates cases to move through the dockets more quickly and efficiently. This, in turn, prevents cases from lingering and clogging the dockets, which subsequently reduces costs to the taxpayer. County Court at Law #4 is a misdemeanor criminal bench that handles the specialized domestic violence criminal cases. Please see response to Question 1 discussing my experience in handling these cases. I am not planning to change the case allocation or assigned caseload for County Court at Law #4.
What carries the greatest influence on your rulings: case law, the Constitutions, or other?
Each case will depend on the specific facts and circumstances to determine the proper application of constitutional considerations, case law which is binding upon the issues, and when appropriate, consideration of issues requiring the applications of the principles of fairness and equity.
Please describe the major challenges for your court over this next term.
Montgomery County’s population has surged over the past several decades and is anticipated to continue to grow into the foreseeable future. This necessitates constant maintenance in finding the best balance of moving cases through the court system quickly and efficiently, while ensuring that the parties involved in the suit are afforded their constitutional rights and protections, while continuing to remain responsible stewards of taxpayer dollars.
Do you think judges should be elected by the people, or appointed by a commission?
Elected. The ability of the citizens to hold those in power accountable through a fair and free elections process is essential and indispensable to maintain the rights and freedoms of all citizens. However, a judge should remain independent of political sway and removed from threats of being removed from office when a judge follows the constitution and binding law in making difficult decisions that go against the greater weight of popular public opinion, or that would otherwise result in loss of fundamental rights and freedoms under the Constitution. Therefore, an elected term should be long enough for a judge to avoid falling prey to a tide of popular political activism, or biased or prejudicial opinions that could result in being swayed to abandon constitutional protections or infringe on fundamental rights and freedoms.
In your view, what is the threshold for determining constitutionality of a legislative act? or a challenge to it?
I adhere to a conservative judicial philosophy, more specifically, textualism, in that Constitutional questions of law should be determined based on the literal or plain meaning as the document was written, and employing judicial restraint, in determining whether the fundamental rights and freedoms of citizens have been unlawfully infringed upon.
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?
Any law that infringes on the basic rights and freedoms granted to citizens in the Constitution and the Bill of Rights should receive strict scrutiny by the courts. Parents (as citizens) should have the right to raise their children freely and without unnecessary government intervention and overreach.
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?
Of the current justices, Clarence Thomas most closely aligns with the principles of judicial restraint, employing conservative principles of textualism and originalism in his rulings. Sonya Sotomayor least closely aligns with principles of limited federal government and prohibiting unlawful governmental overreach into the rights and freedoms of citizens.
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?
Any law or ordinance that creates a civil or criminal penalty upon a citizen or a business naturally carries with it a danger of governmental overreach or abuse, and this law is simply one example. The remedy to preventing governmental overreach should include transparency, due process, checks and balances through judicial and legislative means, and reform where neccesary. This will protect the rights and freedoms of citizens while still allowing for criminals to be held accountable.
What 2 things about your opponent do the voters need to know?
I am currently running unopposed.
What Texas State court decision do you think has most impacted society? How and Why?
The implementation of “emergency orders” without legislative and/or judicial review poses a distinct threat to the liberties and freedoms of Texas and American citizens. The checks and balances that were placed upon the branches of government provide citizens with protections against governmental overreach. These checks and balances are suspended during an “emergency” and all levels of government are able to implement rules and regulations beyond their ordinary powers, often resulting in criminal and civil restrictions and penalties, resulting and greatly concerning impact to all levels our society
Apparently in conflict with current pratice in the courts Art. 19.27. of the Texas Code of Criminal Procedure states "ANY PERSON MAY CHALLENGE. Before the grand jury has been impaneled, any person may challenge the array of jurors or any person presented as a grand juror. In no other way shall objections to the qualifications and legality of the grand jury be heard. Any person confined in jail in the county shall upon his request be brought into court to make such challenge." What is the practical application of this statute?
I would expect that the requirements of the law would be followed in the instance that a person elects to challenge the array in a grand jury under this statute.
As a judge, what do you believe the goals of the criminal justice system should be?
The goal from a judicial perspective should remain in direct reflection of the Code of Judicial conduct, upholding the public confidence in the integrity of judicial system. Additional overall objectives of the CJS include preventing crime, protecting the public, supporting and protecting victims, holding offenders responsible for crimes committed, and aiding violators in returning to society as law-abiding citizens.
Who is endorsing you and what is their relationship to you?
While I have not sought formal public endorsements for my candidacy, I have garnered the commitment and support of numerous individuals and organizations throughout the community, including many of Montgomery County’s elected officials. Because I am running for an open bench and am currently unopposed, I have focused on earning support for my campaign through grassroots efforts, and focused on serving the community, rather than seeking formal endorsements.
