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 the 9th District Judge position, because I want to reform the Courthouse and the judicial system by making that court a shining example of how a person should run a court.  I believe that I can cause judicial reform on a wider scale by setting high standards.

My three primary goals are:

1.    Establish the 9th District Court as an example of how a Court may operate with respect towards the public, litigants, and counsel.  Litigants and their counsel should not enter a Courtroom with the fear that they are not on a level playing field.  Politics has no room in the halls of justice.

2.    Save the taxpayers a lot of coin by:
A.    Operating an efficient docket.  I will conduct motion hearings regularly five days a week from 8-9 in the morning, and from 12-1 and 5-6 in the afternoon.  I will conduct jury trials every day and every week.  I will work 50 to 51 weeks per year.  I will conduct my file reviews on the bench so the Courtroom will always be open when I am in the Courthouse.
B.    I will ask the District Clerk to continue to assign the same number of criminal cases to the 9th District Court but will also ask to double the docket to take a share of the civil and family cases as well.   I would like to help all of our courts move their dockets and move accused people and convicted criminals out of our County Jail and into the State prison system as expeditiously as possible. 
C.    I will maintain a small staff, even though we are moving twice the docket load.
D.    I will have a level of preparedness that attorneys and litigants rarely get to see.  I will review files thoroughly before hearings and trials.

3.  I believe that running an efficient court with a well-prepared judge will reduce a lot of the stress of appearing in court for litigants and attorneys.

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

We must take politics out of the Courthouse.  Judges should follow the law. Litigants should not feel that the judge has an agenda and is working against them, even if the judge does not rule in their favor.

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

No!  Our Founding Fathers had enormous wisdom.  Perhaps more significantly, the Constitutions of both the United States and Texas arose from a process involving a plethora of competing interests that coalesced into compromises that created a remarkable political system.  That system still works today.  Where we have had great trouble, however, is when courts tried to rewrite those documents to mean things which the Founding Fathers did not and could not have intended.

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

Voters are not average.  They are the highest level on the organizational chart which is our political system.  As such, they should examine judicial candidates carefully and conscientiously.  If voters are seeking perfect candidates, then they simply are not doing their jobs as voters.  There are no perfect candidates.  In fact, one of the problems with our current method of selecting candidates is that only “whitewashed” people can survive.  That is the reason that “real” people with careers and substantial backgrounds often cannot and do not want to run for public office.  That is the reason that this country has had three recent presidents with little to show as accomplishment in their lives before they occupied the White House. 

Candidates should have real flaws.  That’s from what people learn and gain wisdom in their lives.  

Voters should look at three facts primarily in judging judicial candidates:
A.    Does the candidate have any previous public service?  If so, was the record one of a long-term career living off of the public dole or did they approach government with the belief that they wanted to accomplish specific reforms and tasks, not be any burden to society at all in doing so, and then give up their public position once they’re done?
B.    Does the candidate have a strong family life, such as a long-term marriage or good relationships with family members?  Those long-term relationships often reveal a lot about the emotional stability of the candidate.
Has the candidate accomplished any professional goals outside of the judiciary?

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?

He should do those things on his own time.

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

While that question is fair, it reveals a fundamental problem with judicial selection.  If you’re a criminal defendant or a criminal defense lawyer, you wouldn’t feel comfortable if the judge rode into office on the endorsement of the elected state prosecutor.  If you’re a prosecutor, then you wouldn’t feel comfortable if the judge rode into office on the endorsement of the president of the defense bar association.  

The only way that I’ll have a chance of achieving the goals that I listed in question 2 is if I actively avoid establishing the types of relationships about which you have asked.

Therefore, I will only very carefully seek endorsements.  

At this time, because I have just begun my campaign less than one hour ago, I have received the following endorsements:

James Leininger, M.D., conservative leader, friend.
Peter Leininger, M.D., conservative leader, friend.
Raymond A. “Mickey” Deison, Jr., former County Judge, former Conroe Mayor, friend.

Please describe the qualifications and experience that make you the best candidate for the office you are seeking. 

#1 I’m not looking for a career as an elected official.

#2 I have a broad knowledge of the law in the primary areas of jurisdiction of the 9th District Court – civil, criminal, and family – and am very familiar with procedure and evidence.  Therefore, I will easily be able to serve the citizens effectively.

#3 I have the proven experience of reforming an entire governmental institution.  I did it for the citizens of this County previously and I’ll do it again.

Additionally, here are some civic activities with which I've been involved:

Montgomery County Bar Association.

        Law Library Committee, 1994 to 2008 (Chairman, 1998 to 2004).

        Board of Directors, 1999 to 2008.

        Treasurer, 2002 to 2004.

        President-Elect, 2004 to 2005.

        President, 2005 to 2006.

Woodlands Bar Association.

State Bar of Texas.  Licensed 1989.

        Disaster Response Committee, 1989 to 1993.

                Chairman, 1992 to 1993.

        Texas Disciplinary Rules of Professional Conduct Committee, 1995 to 1996.

        Business and Consumer Committee (Pattern Jury Charge), 1990 to 1991.

State Bar of Colorado.  Licensed 1991.

Bar of the District of Columbia.  Licensed 1991.

American Bar Association.

        State Bar Representative, House of Delegates, 1989 to 1991.

Montgomery County Healthcare Foundation.

        Board of Directors, 2000 to 2003.

        Chairman of the Board, 2002 to 2003.

Montgomery County Hospital District.

        Board of Directors, Appointed 2003, Elected Countywide in Contested

                Election, 2004, Resigned 2006.

        Secretary of Board of Directors, 2003 to 2006.

        Federally Qualified Healthcare Centers Committee, Chairman, 2003 to 2006.

        Planning and Development Committee, Chairman, 2004 to 2006.

TeamYollick.

        Founder and fundraiser, 2011 to 2015.

Fun International Foundation.

        Founder and Chairman of the Board, 2015 to present.

Leukemia and Lymphoma Society.

        Light the Night, Gulf Coast, Executive Committee, 2011 to present.

World Toilet Organization.

        Life Member.

Society of Economic Geology.

American Alpine Club.

National Rifle Association.

Montgomery County Republican Party Roundtable, Life Member.

Montgomery County Pachyderm Club

        President, 1996-97.

Republican Leadership Council

        Founder, 1997.

        President, 1997-99.

Sam Houston Library, Waco, Texas, Endowed Life Member.

Endowed Life Member of Several Lodges of the Ancient Free and Accepted Masons under the jurisdiction of the Grand Lodge of Texas.

Endowed Life Member, Ancient and Accepted Scottish Rite.

South Montgomery County – Woodlands Chamber of Commerce.

Greater Conroe/Lake Conroe Area Chamber of Commerce

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

The budget of the 9th District Court is lower than any other district court with one difficult exception.  I believe the budget for this office needs to be adjusted in only one respect.  The salary of the judge should be lower than it is.  As citizens, we should not encourage people to seek public office for a lifetime career to enjoy high pay on the public dole.  Rather, citizens should serve in public office to accomplish limited goals during a limited time period.  Therefore, lower salaries would encourage that.

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

I will strongly encourage court administrators and our own District Clerk in Montgomery County to work very hard and swiftly to make those records easily available to the public at no charge.  There is no justifiable reason for withholding the case statistics of Montgomery County courts.

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?

Unless parents are committing crimes against their children, such as murder, assault, or sexual abuse, parents should have sovereignty over their children.  The U.S. government has no business whatsoever in any of these matters (including, without limitation, enforcement of murder, assault, and sexual abuse laws), because those matters are for the states in our federal system of government.

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

Yes.  With some limitations, which I previously mentioned, parents have a right under the United States and Texas Constitutions to raise their children as they see fit.  That is a fundament right of “liberty” which the Constitutions guarantee.  See Meyer v. Nebraska, 262 U.S. 390, 399-400 (1923), where Justice McReynolds discussed this issue at length.

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

The political jockeying between the courts over the content of their dockets has caused politics to flourish to the harm of focusing upon the law.  The judges should leave that decision, i.e., what type of docket they should have (criminal versus civil versus family), to our Legislators, except in unusual circumstances where judges might need to re-assign a case or trade their benches, for ethical reasons, in accordance with Rule 9 of the Rules of Judicial Administration.

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 don’t think this question has much to do with the office I’m seeking, although that belief may reflect my idealism.  I will hire based upon merit which I believe is consistently entirely with your likening hiring to a determination of “one’s ability to efficiently and ethically perform their tasks and functions.”  I’ll never forget how upset my father was when the Supreme Court refused to decide DeFunis versus Odegaard in 1974.  As a result, I made it the topic of my oratory speech in high school in oratory contests. 

Merit, not politics, should control hiring ALWAYS.

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

Turn them into the custody of the United States Immigration and Customs Enforcement Service.  I’d do it.  Just watch.  I did it when I was on the board of the Hospital District as well.

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?

Please understand that I don’t think that it’s fair, but the law is that the confrontation clauses of the Sixth Amendment and article I, section 10, of the Texas Constitution require providing an interpreter to an accused who does not understand English.  West v. State, 406 S.W.3d 748, 762 (Tex. App. – Houston [14th Dist.] 2013).

In any other type of case, no way.

Taxpayers do not have to have an interpreter available to wait on people who might need their services.  Arranging for the interpreter in a criminal case should be up to the defense lawyer.

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

A judge’s job is to follow and enforce the law and to manage the court efficiently.  My judicial philosophy follows my belief that government should only exercise limited power.  Therefore, judges should only exercise the specific power that the law permits.  The law includes the United States and Texas Constitutions, statutes, and judicial opinions of appellate courts.

Judges should not create the law.  That is a function of the Legislative Branch.  Judges should strictly construe the written law and, when necessary if there is an ambiguity, examine original intent.

What is the proper role of a lawyer?

A lawyer should advise his client what the law is and how the legal system works to enforce those laws.  In litigation, a lawyer should advocate his client’s position in a forceful, yet ethical, manner.  Forceful does not mean discourteous.  Forceful means with a strong effort to persuade.  A lawyer should not ever lie.

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?

In 2003, I attended an oral argument in the United States Supreme Court, after I had submitted an amicus curiae (friend of the court) brief in a case involving a probate issue.  That case involved some very serious issues of federalism.  The case also involved a celebrity named Anna Nicole Smith.  I was rather disappointed in the behavior of some of the justices during the oral argument.  Their conduct was demeaning to the judiciary.  For that reason, I can easily say that the justice whom I respect the least is Justice Stephen Breyer.  I did not approve of his conduct on that occasion.  I recently saw Justice Breyer on the Late Show with Colbert.  I did not approve of his conduct on that occasion either.

I read a lot of the opinions of the Supreme Court and often listen to oral arguments on C-SPAN.  Justice Antonin Scalia’s writing and discussions during oral arguments is nothing short of brilliant.  I identify with his originalist and textualist approach to the law, although I would never claim to have his intellect.  I respect Justice Scalia the most.  

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

The taxes in this county are growing at a frightening rate.  We need to ensure that taxes are lower.  The gross taxes that individuals and business pay should be lower.  Tax rates should go down, but so should the total taxes that each individual and business pays.  Since I am running for District Judge, the Code of Judicial Conduct likely prevents me from addressing budget issues for other agencies.  That’s a shame, because I feel strongly that you would like my answers and my proposals.

You asked about the single most important issue, but, with this apology, I must address a second issue.  I believe that we need to support our law enforcement officials.  I’m on the road a lot riding my bike and running (barefoot).  The reason that I’ve personally shown support for law enforcement over the years in our community is because I want them out there to protect me and the other people who live in our community, and I want them to feel that they (the law enforcement community) are welcome and appreciated in our lives.

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

Punishment has three purposes: (1) incapacitation: removing the offender from society so that he can’t commit crimes, and thereby sending a message to others that they better not either, or they’ll end up in prison right next to him, (2) retribution: making the crime victim and the offender understand that society has decided to punish the criminal as a matter of taking just action, and (3) rehabilitation: guiding the convicted criminal, if possible, so that he will have some additional tools to prevent his own misconduct.  I believe incapacitation and retribution are the primary purposes of sentencing, although, in some instances, there are opportunities for rehabilitation which the Court should follow only if the first two goals are satisfied.  Since I was a teenager, I’ve read a lot of writing on criminology, particularly the work of James Q. Wilson and George Kelling in The Atlantic Monthly and in Commentary.  Although there are Constitutional limitations to Wilson’s “broken windows theory,” I believe that, history has supported that approach (i.e., strong broad law enforcement against petty crimes to create an atmosphere of order and lawfulness and to prevent more serious crimes from happening).

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

No.  There is no externality from bad haircut or bad lawyer-representation transactions where the “victims” of the bad professional do not have the private means to inform the public of their bad experiences, especially with the growth of the Internet and social media.

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

I would strive to follow the law, which emanates from the Constitution, the Legislative enactments, and appellate judicial opinions from superior courts. 

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

Yes, there are many, many things in my background of an embarrassing nature that I am happy to explain before the election.  Many of those matters are the precise reason that I’m running!  I'm not embarrassed by any of them.

If you’re looking for a whitewashed perfect candidate, then you should elect Obama, Bush, or Clinton.  They’re fake people with no backgrounds which is the reason they could run for national office.  I’ve had an interesting career so there are a lot of items that some might find embarrassing.  The reason that I don’t really find any of these items embarrassing is because I’ve learned from them and still continue to learn from them.  One of the most important things that I’ve learned is that, in life, you get more satisfaction from compassion, love, and kindness than you do from anything else.

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

I can’t imagine any at this point.  Obviously, I would follow the Code of Judicial Conduct and the rules of procedure.