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Home » 2016-03-01 Republican primary » Texas » Court of Criminal Appeals Justice Place 2 » Mary Lou Keel

Mary Lou Keel
Party Republican
Website http://www.maryloukeel.com/
Born
Education BA University of Texas, 1982; JD, University of Houston Law Center, 1985
Occupation Felony trial court judge, 232nd District Court
Religion Raised Catholic; not practicing
Marital Married

Mary Lou Keel

declared

MCTP Rating of 77 Source

Submitted by john wertz on 2016-01-05 13:37:57

PROS:  

  • Board Certified in Criminal Law - Tx.
  • Board of Legal Specialization. 
  • Felony Trial Court Judge since 1995. 
  • Former prosecutor for Harris County in 279 criminal cases on appeal.
  • Experience in criminal appeals as briefing attorney for First Court of Appeals. 
  • Has no use for Sanctuary Cities, nor Civil Asset Forfeiture - "law needs to be changed". 
  • Not happy w/Obamacare nor the Obergafell(gay marriage case). 
  • Clarence Thomas fan.  
  • Believes “Progressivism leads to tyranny”

CONS

  • Does not appear to believe the Constitution would carry the greatest influence on her ruling in any case
  • Does not appear to have experience on both sides of the bar
  • Does not know about the budget of the court she is running to preside over

MCTP Interview Source

Submitted by kenneth vaughn on 2015-12-31 22:46:01

 

Questionnaire

General

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

There are two significant issues:  Experience and philosophy.

Experience:  The job of the court is to resolve criminal cases on appeal.  Most of its cases are felonies, and its most consequential cases involve the death penalty.   I have a lot of experience in felony court and handling criminal appeals, and I have substantial experience in death penalty litigation.  My two opponents -- combined -- do not have comparable experience.  I compare their experience with mine on my website, http://www.maryloukeel.com/#!blank/wsgxe

Philosophy:  I am a law and order conservative, and I make my rulings based on the law as it exists, not as I wish it to be. 

My mail rival, Judge Ray Wheless, disagrees with existing law and has been reversed on appeal by the State in eleven different cases because he has wrongly suppressed evidence or dismissed charges.  That is remarkable because the State has a limited right to appeal and exercises its right sparingly. 

His latest reversal was in a child molestation case where he erroneously dismissed charges twice and was reversed twice.  He also wrongly threw out the defendant’s confession, but the State was not able to appeal that ruling.

On Saturday he said the following: 

“The Fourth Amendment has been trampled by the courts in Texas and the US Supreme Court.  So, I’m the kind of person that has the philosophy that we need to do something about what’s happened to our country.” 

In other words, he wants to impose his eccentric views of criminal procedure on the rest of Texas and hamper the prosecution of criminals.

He has criticized me for two cases..

The first is Brandy Briggs.  He presents her case as an exoneration, but she was never exonerated.  She pled guilty, testified that she was guilty, and described under oath how she shook her baby to death.  Consequently, I found her guilty and assessed her punishment at some years in prison. 

In post-conviction writ proceedings, the Court of Criminal Appeals granted her relief for a claim of ineffective assistance of counsel, a claim that I did not believe she had proven.  Presiding Judge Sharon Keller agreed with me and filed a dissenting opinion. 

Briggs was not exonerated, and there was no trial court error. 

The other case he criticizes me for is Max Soffar, a capital murder where he thinks I should have admitted defensive evidence to show that someone else “might” have committed the crime.  I ruled in accordance with the law that the evidence was inadmissible hearsay, and my ruling was upheld unanimously by the Court of Criminal Appeals both on direct appeal and on post-conviction writ.

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

No, they are not living documents.  When you divorce words from their meaning, you introduce too much subjectivity into judicial rulings.  Progressivism leads to tyranny

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

Examine experience that is relevant to the work of the court and examine the record of the candidate, e.g., following the law vs. ruling in a self-indulgent fashion.  For most people, that will mean relying on endorsements.  Unfortunately, many organizations issue endorsements without vetting the candidates. 

I appreciate your efforts to issue reliable endorsements.

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?

It depends on the judicial office.  For a district court judge, I think about a week a year is reasonable. 

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

Here is a list of my endorsements.  I know most of them from the courthouse or from the campaign.  I have personal friendships with Mike Goldman, Kari Allen and John and Lynda Greer.

 

Colleen Barnett

Realtor, Keller Williams Realty Metropolitan; former chief prosecutor, 232nd District Court

 

Kris Allfrey

The Legal Wizards, Inc.

 

Chris Daniel

Harris County District Clerk

 

Larry Finder

Baker & McKenzie; former US Attorney for the Southern District of Texas

 

Don J. DeGabrielle

Chaffe McCall, LLP; former US Attorney for the Southern District of Texas

 

Becky Berger

State Republican Executive

Committeman, Senate District 18

 

John B. Holmes, Jr.

Retired, Harris County District Attorney

 

Gilbert Villarreal

Houston attorney

 

Kent Hance

Former Chancellor, Texas Tech University System; Hance Scarborough, LLP

 

Stephen Tyler

Victoria County Criminal District Attorney

 

Dan Hedges

Porter Hedges, LLP; former US Attorney for the Southern District of Texas

 

Coalition of Police & Sheriffs

www.copsweb.org

 

Steve Radack

Harris County Commissioner, Pct. 3

 

Lee Hon

Polk County Criminal District Attorney

 

J.T. Edwards

State Republican Executive Committeeman, Senate District 11

 

Bryan Goertz

Bastrop County Criminal District Attorney

 

David Riddle

Senatorial District Seven Chairman

 

Johna Stallings

First Assistant, Victoria County Criminal District Attorney

 

Lynda and John Greer

John F. Greer and Associates

 

Brett Ligon

Montgomery County District Attorney

 

Mike Goldman

State Republican Executive Committeeman, Senate District 21

 

Shelly Pritchard

State Republican Executive

Committeeman, Senate District 9

 

Marvin Clede

State Republican Executive

Committeman, Senate District 17

 

Janet Jackson

State Republican Executive

Committeeman, Senate District 22

 

Mathew Walbeck

State Republican Executive

Committeeman, Senate District 27

 

Hector DeLeon

DeLeon & Washburn

 

Gail McConnell

Assistant District Attorney

 

Kari Allen

Why are you running for this office and what 3 major goals do you want to be measured by if you are elected?

I want to offer voters a candidate who is well qualified to resolve criminal appeals, has demonstrated an aptitude for that kind of work and has a proven record of integrity and impartiality. 

My primary goals are to  (1) issue timely rulings (2) without indulging in their later withdrawal for rehearing and (3) make the rulings clear. 

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

(1)  My 21 years of felony trial court judicial experience.

(2)  My seven years of experience as a prosecutor, including especially my  four-plus years as an appellate prosecutor.

(3)  My year of experience as a briefing attorney for the First Court of Appeals.

 

Complete information at www.maryloukeel.com.

Other civil liberty

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?

To the extent that they are appeals from cases that I presided over or advised other judges on, I would have to recuse myself.  I do not anticipate any other conflicts. 

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

Yes, at least in most circumstances, because of the parent-child relationship.

Immigration

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

The same thing as I do in every case:  Listen to the evidence and rule in accordance with the laws.

 

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 Code of Criminal Procedure requires courts to provide interpreters for non-English speaking defendants in court proceedings.  But it is not necessary to have interpreters sitting around twiddling their thumbs.

In Harris County, we have Spanish interpreters on staff because they are needed daily.  Interpreters of other languages are scheduled on an as-needed basis.

Other

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

The job is to resolve criminal cases on appeal.  My philosophy is to administer justice one case at a time based on the facts of the case and the applicable law.

What is the proper role of a lawyer?

In the criminal context, a defense attorney’s role is to zealously defend his client, and the prosecutor’s role is see that justice is done.

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?

My favorite is Justice Thomas because he is consistently principled and writes persuasively and clearly.  My least favorite would be any of the liberals.  I am also particularly disgusted at the moment with the “moderate” Kennedy for the sentimental claptrap he spewed in the gay marriage case.

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

In the criminal law context, stop criminalizing administrative and regulatory infractions.  In a broader context, do a cost-benefit analysis of every proposed regulation and statute before imposing more of them on the citizenry.  We do not emphasize freedom enough.  Instead, we buy into the idea of security at all costs and wind up with neither freedom nor security.

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

Barbers:  No.  Lawyers:  Yes.  The difference lies in what is at stake in the exercise of their professions.

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

It depends on the issue. 

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

Judge Wheless keeps pointing out that my husband is a Democrat.  And while that it is true, it strikes me as a distraction from Judge Wheless’ own lack of qualifications and eccentric approach to criminal cases.

Furthermore, my husband, in spite of our political differences, has been my single greatest supporter, and I would not have put myself forward as a candidate in 1994 or now without his support.  For better or worse, I have to credit him with much of my career.

To the extent that one’s family members’ political affiliations are relevant, I would point out that my parents and four of my five brothers are very conservative and politically engaged.  (My oldest brother, Tommy, has lived in France for about 30 years.  I love him, but calling him liberal is an understatement).

My brother Thornton is a political consultant who has provided campaign services to over 40 Republican campaigns, including those of Governor Abbott, former House Speaker Tom Craddick, and me. 

My brother Terry was a trailblazer for Republicans in Travis County, serving as the only Republican sheriff in modern times and for a while as the only Republican in the House delegation.  He later served as parliamentarian for Speaker Tom Craddick until Joe Strauss, in concert with moderates and Democrats, managed to take over the speakership.  (Judge Wheless erroneously claims that my brother was parliamentarian for Strauss; he has it completely backwards.)

Two of my brothers, Thornton and Patrick, went to Florida in 2000 to help the George W. Bush campaign with the recount.

My conservative nature comes from my DNA.  My husband and I just disagree about political issues.

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

To the extent that they are appeals from cases that I presided over or advised other judges on, I would have to recuse myself.  I do not anticipate any other conflicts. 

Can the legislature effectively write law that makes sense for 30 million people? Please explain your thoughts

Yes, but they write too many laws, and their administrative agencies are too empowered to interpret the laws and enforce them in a way that is oppressive and not supported by statute. 

It is costly and difficult to take on the regulatory agencies, and you run the risk of making yourself a target if you do challenge them.