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 am running for re-election because I am the best person to serve as Judge of the 435th District Court.  In the past 7 1/2 years, I have disposed of criminal cases, I have tried high-profile cases (including the criminal case of the driver traveling the wrong way on Interstate 45) and low-profile cases.  The correctness of my legal rulings is judged not by public opinion, or by the press, or by politicians.  It is judged by the Court of Appeals, the Texas Supreme Court, the Texas Court of Criminal Appeals, and the United States Supreme Court.  Those Courts decide if my rulings were correct.  And they overwhelming found that they were.  My affirmance rate on appeal is about 98%.  In four years, I want the question to be how many cases I have tried every year.  I want the question to be how many cases were disposed of.  And I want the question to be how the Court of Appeals graded my work (by affirming or reversing my rulings). 

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

I know how to try a case.  I have tried an average of about 40 jury trials a year over the last 7 ½ years—trying about 300 jury trials.  I have been affirmed by the Court of Appeals, the Texas Supreme Court, the Texas Court of Criminal Appeals, and the United States Supreme Court about 98% of all of the cases appealed from the Court.  Prior to taking the bench, I was a felony chief at the District Attorney’s Office for 14 years, trying complex criminal matters.  I know the law and make correct decisions.  This is critical especially during sentencing hearings.  My conservative values make me the best candidate for this bench.  I understand that my role is not to make law, my role is to follow the law given to me by the legislature. 

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

The candidates in this race are very very different.  We have different backgrounds, different personalities, and different values.  I am a serious judge, committed to my faith, my family, and my country and community.  I believe that the 435th District Court continues to need to have a Judge that knows how to keep our community safe and has done so for the last 21 years.  Based on my experience, after listening to the evidence, I can make the correct decision.

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

No.  Our Constitutions have withstood the test of time because they are not flexible documents, ebbing and flowing with what is popular among certain segments of society.  Instead, our Constitutions are the bedrock of our society, documents that set the framework for our country and specifically define certain rights and responsibilities.  Rather than interpreting the words used in these documents as those words are used today, I believe the United States and Texas Constitutions should be interpreted through an analysis of the meaning of the words when those words were included in these documents. 

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

One of the primary roles of a District Court Judge is to try cases.  The average voter can get a pretty good idea about a sitting judge by showing up for jury service.  And since voters may not have served in a particular court, they to talk to their friends and find out what they thought about their experience as juror in various courts.  For those with no judicial experience, it is obviously more difficult.  Anyone can say what they think the voters or the audience wants to hear.  But the voters should look at the judicial candidate’s experience.  What positions to they take on legal issues?  What kinds of cases do they chose to handle?  What positions have they advocated for?  I believe that will help the voters define the candidates and understand their values.  And of course, political forums and vetting helps educate the public.

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 are mandated to have a minimum of 15 hours of continuing legal education every year and only four of them can be by video or on-line.  There are several judicial conferences held around the State that help judges meet those requirements.  The annual education can be met by attending two of the conferences, which generally take place over two to three days.  I don’t believe days off to network with other county officials is necessary.  Judges have many opportunities to meet with other county officials that do not require a day away from the bench.

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

I grateful for the endorsement of elected officials and community leaders from across the county, from Sheriff Tommy Gage and many others in law enforcement to State Representative Mark Keogh and many others in law making.  While I do not have a familial relationship with any of them (with the exception of my in-laws who were precinct chairmen years ago), they have all seen my work in the courtroom.

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

The budget for the 435th District Court is already very lean.  For a court, the biggest expense is salaries.  I have one court coordinator (which means that during jury selection, there is no one to answer the phone in the office) and one court reporter.  I do not have assistant coordinators, briefing attorneys, or receptionists.

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

All of the court records for the 435th District Court are accessible either in person or on the District Clerk’s website.  I also encourage everyone interested in the business of the court to come to the courtroom, to watch trials, and to see what is happening in the 435th District Court. 

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?

When the child’s life is in danger.

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

There is a presumption that a parent acts in the child’s best interests and for a grandparent to be awarded visitation, the grandparent must show that the denial of visitation could significantly impair the child’s physical health or emotional well-being, If the parent is fit, the parent can chose the level of grandparent involvement.  Parents should be able to determine their child’s medical treatment unless they are putting their child’s life in danger.

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

There is no corruption in the 435th District Court.  I don’t know where there would be corruption in other courts.  My job is to everyday make sure the 435th District Court acts appropriately, fairly, and efficiently.  I trust the other judges are doing the same.  On a broader scale, and not limited to Montgomery County, if citizens do not have access to the courts, there may be perceived or actual corruption.  Litigants must have access to the courts.  Judges must hold either oral or submission hearings or must afford litigants the opportunity to have their disputes resolved.  Without this access, even if there is no actual corruption, it will certainly be suspected.

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?

The very simple answer is that the most qualified person should be hired to do the job.  When that is not how people are hired, the job doesn’t get done right.  I have two employees—a court administrator and a court reporter.  Both efficiently and ethically perform their tasks and functions. 

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

I can hold them in jail with no bond status and I can set high bonds in certain cases.  I can reject pleas

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?

Courts are required by law to provide interpreters for non-English speaking criminal Defendants.  The failure to do so would result in any conviction being overturned.  Civil litigants are required to pay for their own interpreters.  There is no requirement for a stand-by interpreter.  Parties need to make arrangements for an interpreter.

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

The job of a District Court judge is to try cases.  All too often, if Courts have a willingness to continue to reset trials and not try cases, Defendants sit in jail at a cost to the taxpayers, the Court-appointed attorney legal fees are increased, and a Judge’s caseload balloons.  If the litigants know the Judge is going to make them go to trial, the cases that need to be tried are tried and the agreements that need to be reached are reached.    It is also the job of a Judge to make difficult decisions.  My judicial philosophy is simple:  I follow the law that is given to me by the legislature.  It is not my job to make new law.  I follow the precedent of the appellate courts.  I believe in judicial restraint.

What is the proper role of a lawyer?

A lawyer’s job is to advocate for his or her client.  But the lawyer has a much bigger role in society.  Lawyers can do great things.   Lawyers must be respectful of the Court, regardless of whether or not they like that particular judge’s rulings.  A lawyer also has a duty of candor toward the Court. 

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 am a fan of Justice Antonin Scalia.  I have heard him speak on several occasions, both in Houston and in Washington, D.C.  There is no doubt that he is the smartest member of the United States Supreme Court.  And I am particularly interested in his discourses on Constitutional interpretation.  I respect Justice Elena Kagan the least as her liberalism appears more politically motivated than others on the Court.

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

We need to continue to keep Montgomery County safe. 

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

Having been a prosecutor for 14 years and now a judge handling criminal cases for more than seven years, I have a good sense of who is going to re-offend. Of course, I consider every single case on its own merits and consider the evidence presented in that case. 

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

State licensing of barbers seems like a little too much government oversight to me.  I am certain that my barber must have been grandfathered in as he has been a barber forever.  And I think he does a fine job.  Lawyers present a different question.  The right to a lawyer in guaranteed, in some cases, by our Constitution.  We do not need someone without the proper qualifications protecting those rights.

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

I am required to follow the Constitution, statutes, and case law, in that order.

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

It is not embarrassing for me but I drew the ire of one of Texas’ most liberal senators.  With the help of the Houston Chronicle, he spent the week between last Christmas and New Year’s Eve trying to embarrass me for essentially being too mean to the violent sexual predators and their lawyers.  I am proud of my record in the 435th District Court. 

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

I am not aware of any conflicts of interests.  My wife is an attorney but handles only civil litigation.  The 435th District Court handles primarily criminal cases although I regularly will hold hearings, will rule on motions, and will try cases to help other courts.