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 seeking this bench because the current judge of the court was publicly reprimanded by  the Judicial Commission for persistently and willfully violating Judicial Rules and the Texas     Constitution. I will do things correctly, by following the current Judicial Rules, and adhering to the Texas       and U.S. Constitutions. I will protect the rights of all who enter the courtroom; be it victims, defendants, litigants,  staff,  or  jurors.  I  will,  without  exception,  conduct  all  courtroom  proceedings  in  a  respectful manner and  will not abuse  the  position  by  demeaning  or bullying  anyone. As your judge, I will embody  the principles and values set forth in the Texas Code of Judicial Conduct, therefore revitalizing the public’s confidence in the Judicial System in our 435th District Court. I will make our court work for us. As your judge of the 435th District Court I pledge to enhance and maintain your confidence in our system of justice.

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

I am the only candidate in this race that has not been found to have persistently and willfully violated judicial rules and the Texas Constitution. To hold the office of judge is an honor and a public trust. I fully recognize this, and if given the opportunity, I will execute my duties with humility. I understand judicial temperament and have exhibited it in the past. I am the only candidate in this race that has served as a former judge, prosecutor, and defense attorney. Based on my prior experience, I have perspective from every angle in the courtroom. My trial experience from the vantage point of a lawyer and a judge is an asset, having tried and ruled over a combined 400 cases. I am the only candidate experienced in criminal law, juvenile law, and family law. I have not and will not tolerate politics interfering in the courtroom. I have proven commitment to citizens by dedicating time and service to county projects in order to reduce tax dollars spent on our criminal justice system. I am the best candidate and I will not run the court as an elected official but rather as a judge who very much believes in our system of justice. I will serve as an independent, fair, and competent public servant that interprets and applies the laws which govern all of us.

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

The current judge was relieved of his primary duties due to his behavior. The legislature, our local board of judges, and potential jurors have lost faith in him, therefore losing faith in our system of justice. He has exhibited undignified behavior and has not lived up to the oath he swore to uphold. The Texas Judicial Commission has held a hearing and has found that he has persistently and willfully violated judicial rules and the Texas Constitution. The judge’s inability to control his temper, his bias, and his persistent violations of Judicial Rules has cost the taxpayers money not to mention embarrassment to our county. The issue has been summed up by a quote from the commission, “[Seiler’s] actions would cause a reasonable person to perceive that a fair trial was not possible.” This perversion of justice and wasted taxpayer money are the most significant issues in this race.

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

They are not living documents. The current judge has demonstrated that the Texas and U.S. Constitution do not apply in his courtroom. I believe both the Texas and the U.S. Constitution do apply in the 435th and every other court in our land.

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

I believe we should investigate and determine which candidate is best for a job the same way we make important determinations in our day to day living. For example, what do we do when we need a doctor, you seek recommendations from other doctors in the field, from prior patients, and from medical staff. So the average voter should research the candidate then speak with other lawyers, other judges, and court staff. In the 435th race the most recent reprimand speaks volumes about the current judge’s lack of judicial temperament and his inability to preform his duties. For those that want information on me, I would invite them to speak with a local judge, members of law enforcement, court staff and other lawyers.   It just makes sense to talk to the people who have participated with the candidate on a day to day basis. These are the folks that really know the issues of the court system.

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?

Non elected county salaried employees are given a vacation allowance per year, and attendance to continuing legal education seminars is within a work day and not counted against vacation time. I think that rule should apply to elected officials as well. Judges in our county are on call throughout the year and work late into the night and early morning hours at times.  These extended hours of work need to be considered. I do not believe that Judges need time off for the purpose of networking with other county officials. In fact, that purpose seems contrary to the Judicial Cannons. It seems as though some elected officials are always “running” and I would rather see elected officials spending more time “doing” their elected job rather than “running” to keep their elected job.

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

I haven’t sought any endorsements.

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

This question poses different challenges because of the financial deficit caused by the current judge’s inability to preform his duties in a competent manner. In order to answer this question, I am relying on what has been reported in the Courier, by Nate Jensen a county employee that oversees the county’s office of court administration. “Montgomery County will have to absorb a $160,000 loss in revenue from the state of Texas after the 84th Legislature stripped the 435th state District Court of its duties to handle all of the state’s civil commitment of sexual predator cases.

County commissioners approved a budget request Tuesday by the Court Administration, which included $158,866 in salaries and office expenditures that would not be reimbursed by the state. The state reimbursed salaries and other various court costs incurred by the county because of the 435th’s specialized docket until Senate Bill 746 stripped the court of its specialized docket in late June.” “The costs of the 435th used to be revenue neutral,” Court Administration Director Nate Jensen said. “Now, (the county) is not going to be able to bill the state for the same amount.” The 435th District Court is slated to cost $249,683 in fiscal year 2016, about $1,500 less than what was budgeted for FY 2015. Some commissioners were skeptical of funding a court that has no new cases flowing into it since the Montgomery County Board of Judges stripped the court from receiving new cases. “We certainly are in a situation where we have a district court that we’re going to be asked to fund that doesn’t have much to do at the moment”, James Noack said.

I would like to see the 435th up and running to capacity. The 435th due to it previously being funded by the state has the lowest budget of the district courts.  But certainly I am still very aggravated that we as taxpayers continued to pay for a court that was not disposing of cases and not earning our tax dollars. I will hit the ground running and the court will function to full capacity on the projected budget of Less in state reimbursement for 435th District Court: $158,866, State’s Current Reimbursement: $64,997, Fiscal Year 2016 proposed cost of:435th District Court: $249,683.

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

I have no problem posting any of the financial records for the court online. The bigger concern for the 435th District Court is that it was partly funded by the State and the funding was lost after the legislature disbanded the program and stripped the current Judge of his duties.  The board of local

judges also stripped him of all new felony cases. If the county were to keep the 435th court they would have to fund it. The County Judge asked our board of Judges if the county wanted to keep the court.

The answer was yes and therefore the county now has to fund the court. So we the taxpayers funded the 435th and the court sat idle with no work. I will make the financial records available along with records of the number of cases we are disposing.

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?

Only to a very limited extent. The government interference should rarely be tolerated and only when it will deter grave results to a child.

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

Yes, I believe parents have the right to block grandparent rights and doctor intervention. The reason is simple, parent rights trump.

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

 I haven’t recognized any blatant corruption on the part of the county employees that I have dealt with over the last 18 years. I have witnessed stagnant and complacent behavior. I don’t care to hear the words “this is how we have always done it.” I also believe there is room for transparency and more practical approaches in the court appointed attorney system. It appears most people receive a court appointed attorney. I think that there are folks getting a discounted lawyer who are quite capable of hiring a lawyer.

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 can’t say that I have seen a problem with county hiring concerning the “good old boy” system. I believe the “good old boy” system might be alive and well when talking about elected officials needing time to network as mentioned in question 20.

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

Deportation does not fix the problem of the impending likely return of an illegal immigrant. I believe that if an accused illegal alien is found guilty of a criminal offense the same statute mentioned above (37.07) will play an important part of my analysis concerning sentencing and I do not think cutting time off a sentence in order to get the illegal alien off the books is fair to the system of justice and more specifically to any victims involved in the crime.

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?

Yes, this is pursuant to statute. No taxpayers do not have- to- have one available during courtroom hours just in case someone might need the services.

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

A judge is an umpire. Their job is to call balls and strikes, and maintain order in the game. A judge maintains order in the game by following court procedure and remaining respectful of the participants and the process. The job demands that they serve as an independent, fair, and competent public servant that interprets and applies the laws which govern all of us. My philosophy is that a judge must be engaged in the case, while at the same time remain neutral. A judge does this by applying the law and making rulings. The key is to make rulings, without adding your own personal commentary. A judge must be diligent in remaining independent, fair and impartial. They cannot under any circumstance promote their personal agenda or self promote from the bench. A judge should not legislate from the bench. A judge has to be engaged but not to the point where they are participating in the case. When a judge crosses the line and becomes a participant they jeopardize the integrity of the case, and our system of justice. It is incumbent they respect and honor the judicial office as a public trust. A judge must strive to enhance and maintain confidence in our system of justice.

What is the proper role of a lawyer?

The Texas Disciplinary Rules of Professional Conduct define a lawyer as: “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.” These titles are then broken down, as a client representative, the lawyer is an advisor, advocate, negotiator, and intermediary. As a public citizen a lawyer is obligated to seek improvement of the law, the administration of justice, and the quality of service rendered by the legal profession. I am in agreement with this definition.

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 respect Justice Scalia because he stands his ground and files separate opinions in many of the cases that come before the court. He is principled and I appreciate how direct he is in his minority opinions. Justice Ginsburg is who I respect the least. I think her personal agenda has clouded her decisions in many of her opinions and I was disappointed in her decision in King v. Burwell, Obamacare.

I made a promise to myself concerning running for this position. I do not want to change who I am in an effort to solicit votes or endorsements. So you need to know I don’t sit around and review cases for fun. I know some of my colleagues do and I give them kudos! I review cases and utilize opinions in my line of work. I am a trial lawyer, actually a very good trial lawyer, and have as a prosecutor, a defense attorney, and a former judge relied on opinions when I am preparing for trial, in trial, or in a hearing.  There is a former Texas Court of Criminal Appeals Justice, Cathy Cochran, that I respect very much.  My respect for her comes from my personal dealings with her.  She is so knowledgeable and has always put the pursuit of justice first. I met her when I was in law school, while clerking for Hardin, Beers, Hagstette and Davidson. She is both a lawyer and a jurist. Law was a second career for her and she truly exemplified the qualities of a public servant. Prior to serving on the Court, she served as Director of Criminal Justice in the office of Governor George W. Bush. She formed the Advisory Committee to Revise Code of Criminal Procedure that organized a complete rewriting of the Texas Code of Criminal Procedure.

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

We as citizens must stay informed and always request information from those that govern us. Require our elected officials be accountable and eliminate the sense of entitlement held by those that govern us. Public servants are here to serve the public and their time and energy should be focused on our “domestic” county community issues.

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

Recidivism is tricky and we need to know how it is being defined because some studies include a prior offender being convicted of a new crime while other studies include a prior offender picking up a new arrest. I do not believe if a prior offender is arrested after being released from prison that should be calculated. An arrest does not rise to the level of a conviction. I do not believe that sentencing decisions should be based on recidivism rates. Sentencing decisions should be based on Article 37.07 of the Code of Criminal Procedure, and the corresponding range of punishment set out in statute for the offense.

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

I do not believe that any professional/ person should have to pay the government to work. I believe the free market for the most part helps weed out the bad apples. But certainly I think there needs to be regulation for some professionals.

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

First I will consider the statute under which the hearing is happening. If the statute is clear and on point, then I will apply the law as written to the facts as presented. When necessary I will definitely defer to case law and the Constitution.

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

I don’t find this fact embarrassing but do believe you would like to have the disclaimer. I was raised in a small southern town in Georgia by a die hard Democrat. He was a former marine, world war two veteran, college ball player, coach and educator. I idolized him. So for the younger part of my life I would have considered myself a Democrat. But being raised at an all boys military academy, interning in Washington, working as a school teacher abroad, and then as a prosecutor in Texas… it is ever apparent that my life experiences brought me over to the right side.

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

If you are asking if I am elected as judge of the 435th and have cases pending in the court at the beginning of the term, I will withdraw from any pending cases and will ask that they are transferred out of the 435th District Court.   At the current moment I do not have any pending cases in the 435th and this

was by design. I don’t foresee any conflicts of interest at this time. If a conflict of interest is brought I will examine the claim and if it is with merit, I will recuse myself and not force the county to incur the cost of a hearing and a visiting judge.