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Home » 2016-03-01 Republican primary » Texas » Court of Criminal Appeals Justice Place 5 » Sid Harle

Sid Harle
Party Republican
Website http://www.electsidharle.com/
Born
Education J.D. St. Mary's University School of Law, 1980
Occupation Judge, Texas District 226
Religion Presbyterian
Marital Married

Sid Harle

declared

MCTP Rating of 81 Source

Submitted by john wertz on 2016-01-31 13:11:05

PROS

  • Claims to be a judicial conservative/constructionist
  • Liberty-minded - keep Feds out/limited,w/deference to resurrecting & fighting for 10th amendment.
  • 27 years on trial bench - extensive experience as a trial judge
  • Prides self on protection of constitutional
  • rights, individual liberties and fiscal conservatism.
  • Presided over exoneration of Michael Morton, who unjustly spent 25 yrs in prison. 
  • Convened a court of inquiry to punish the prosecutor for withholding exculpatory evidence.
  • God-centric referring to "drafters having divine guidance from above related to US and Texas Constitutions
  • Limit government intervention/interaction in the community
  • Says Justice Thomas most consistent, Ginsburg/Kaganleast, w/Roberts most disappointing (Obamacare). Constitution trumps case law, w/latter based on Constitutional principles.
  • Believe licensing is often revenue generation only
  • ...  More

Questionnaire

General

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

Qualifications, Character, Experience.  The Judge must be ready to fight encroachment on Constitutional Rights and individual freedom, Federalism and attempts to emasculate the 2nd Amendment of the Bill of Rights.

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

I believe both Documents are divinely inspired and have served us well since their inception.  Our forefathers, the Drafting body, had insight and foresight, from above.  The Texas Constitution even exceeds the United States Constitution in protection of individual rights and personal liberties in many instances.  The tenets of “Originalism” in espousing the philosophy of strict construction and maintaining the original intent is correct, applying the core documents’ language and meaning has validity today as much as the day of its creation.  Modern advances and philosophies are secondary in applying the law.

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

 Look at record of experience and the individual background of the candidate.  I have a proven track record which I will compare with anyone, and I am confident mine will exceed any opponent’s qualifications.  In addition, asking people with personal knowledge of the individual, endorsements from fine organizations such as this one, Bar Polls if applicable, voters guides from respected sources.  

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?

Judges have mandated continuing Legal Education hours but can easily complete in two weeks.  Networking and speaking engagements (which I do quite often, to legal, judicial and community groups) are on your own time.  My docket is the most current and my Jail Population is the lowest in Bexar County.

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

Red McCombs – Treasurer and friend; Legal groups – based upon qualification and experience;  Conservative groups – based upon qualification and experience.  In addition I am endorsed by the current Bexar County Sheriff and the two former Sheriffs preceding her, and the Former Police Chief.  

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

I wish to move from the trial bench, where I have served with distinction for over 27 years, to an appellate court which is the Court of last resort for appeals from the trial court.  I have been asked to run for intermediate appellate courts, the Bexar County District Attorney, and legislative positions, but none has interested me.  I believe I am uniquely qualified for this very important position.  I believe appellate Judges should be measured by their work ethic, quality of their opinions, and the nature of their opinions-reflecting conservative values, protection of Constitutional Rights, individual liberties, and fiscal conservatism.

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

I was a trial lawyer and Chief Felony Prosecutor in Bexar County for over eight years appearing on both sides of the Bar in all types of criminal matters including Death Penalty cases.  I was appointed as a Republican by Governor Bill Clements in 1988, ran for election 60 days later and won despite being an extreme underdog.  I have run unopposed in the Republican Party Primary and General Election ever since.  I have been at the top of the Bar Poll since its inception 12 years ago.  I have presided over more Death Penalty cases than any other Judge in the
State.  I presided over the exoneration of Michael Morton who spent 25 years in prison for a crime he did not commit and I convened a Court of Inquiry to punish the Prosecutor who hid exculpatory evidence.  I have served consecutive terms as Chair of the Judicial Conduct Commission, Court Reporters Certification Board, Judicial Branch Certification Commission, and the Criminal Justice Integrity Unit of the Court of Criminal Appeals.  I serve on the Texas Court of Criminal Appeals Rules Committee and the national Forensic Science Commission (Education Committee).  I have unique qualifications and experience for this important position and far exceed any opponents’ experience and qualifications.  My character, work ethic, background, and criminal court experience makes me the absolute best candidate for this bench.

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?

I do not believe it is appropriate and I have ruled against Child Protective Services in similar cases.

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

Judges take an oath to follow the law, I do believe the parents’ role is supreme in raising their own children and should be accorded absolute deference by the Courts and the Law.  They are the “last say” unless there are mental health issues compromising the decision making, causing health and safety danger to minor child.

Immigration

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

I have served on the District Court for over 27 years and remand illegal aliens without bond and request immediate deportation to avoid taxpayers paying room and board (minor offenses).  If a major offense has occurred I expedite trial and sentence appropriately to protect the community.

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?

Judges take an oath to follow the law, interpreters are mandated by Supreme Court Rulings, however Judges can, and I do minimize costs to taxpayers by mandating “time certain”, efficient hearings to reduce interpreters’ time in court.  Language proficient attorneys also minimize need for interpreters.  No interpreter sits around waiting to be assigned, only paid for time in court unless on staff.

Other

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

They are called “Judges” on the Court of Criminal Appeals, “Justices” on the Texas Supreme Court which hears only civil cases.  The Court of Criminal Appeals is the court of last resort for all criminal court cases, whether direct appeal or writs of habeas corpus.  The nine Judges hear and issue opinions on all matters, primarily Death Penalty cases on direct appeal (automatic appeal).  Matters involving United States Constitution can be further appealed to the United States Supreme Court.  I have been on a trial court bench for over 27 years, I have a proven track record as a Judicial Conservative, strict Constructionist, guardian of constitutional rights, and individual liberties.

What is the proper role of a lawyer?

To be an effective and zealous advocate within the law, for their client.  In the criminal realm the Prosecutor must see that “justice is served” and the Defense Attorney must ensure the client receives a fair trial under 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 believe Justice Thomas is the most consistent in reflecting my conservative values and in upholding the Constitution.  I was disappointed in Chief Justice Roberts’ majority opinion in the “ObamaCare” decision.  I believe it directly conflicted with his statements to the President and Judiciary Committee which led to his appointment.  Of course Justice Ginsburg and Justice Kagen are my least favorites due to the “liberal” nature of their decisions and philosophies.

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

Keep the Federal Governments intervention and interaction to a minimum, including the Federal Courts.  Resurrect and fight for the 10th Amendment and the reservation of States’ Rights.

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

Licenses are often implemented for revenue only – another tax without labeling it as such.  Those are without merit.  If a licensing body actually implements some procedure to protect the public from incompetent practitioners then perhaps license is appropriate.  Otherwise, self-policing of professions works extremely well.

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

The Constitution trumps case law and the case law should be based on Constitutional principles regardless to be valid.

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?

None that I am aware of, unless family member involved.

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

Some laws are fundamental and work well when based upon core beliefs:  i.e. Ten Commandments, Golden Rule, traditional values and core beliefs.  We have difficulties when we get outside those and “legislate for the sole purpose of legislating.”