Judicial Vision

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What is the proper role of the Judicial Branch within Texas's system of government?

The proper role of the Judicial Branch in Texas's system of government is to uphold the Rule of Law. This means following legal precedents and adhering to the Constitution. When judges act as activists, they impose their personal views and agendas on court rulings, which detracts from the legitimate role of the judiciary.

 

Name a judge, living or dead, whom you admire and explain the basis for your choice. 

I would like to recognize the late Judge John Fostel, who recently passed away, as a jurist I admire. I was admitted to the State Bar of Texas in 1995, the same year Judge Fostel took office. He became more than just a judge to me; he was a mentor who guided me in decorum, court rules, and life lessons. Over the past several years, I have often visited the courthouse to share coffee and conversation with him. I credit my development to my parents and Judge John Fostel, who significantly shaped me into the trial lawyer I am today. Additionally, Judge Brock Smith, who succeeded Judge Fostel, has also contributed to my growth as a trial lawyer, and for that, I am grateful.

 

Pick a U.S. Supreme Court decision that you think was wrongly decided, and explain why you think it was wrongly decided.

One recent U.S. Supreme Court decision that was wrongly decided is Obergefell v. Hodges. In this case, the Court ruled by a 5 to 4 vote that states must recognize same-sex marriages. This decision undermines the states' rights to set moral and legal standards, imposing a ruling many may view as ethically questionable. To this day, I consider this case to be the most wrong Supreme Court decision.

 

What, in your view, constitutes a sound judicial temperament?  

A sound judicial temperament encompasses various qualities, actions, and the capacity to listen patiently. The judge's role is to be a neutral arbiter, upholding the Rule of Law while treating all parties with respect when rendering decisions. A judge should demonstrate flexibility in their docket, as unexpected emergencies can arise for both the defense and the prosecution. Adjusting the Court's schedule within reason is a hallmark of appropriate judicial temperament. Additionally, a judge should conduct proceedings without any political agenda.

 

Judges sometimes face a question of first impression.  How would you decide on the issue if no controlling precedent is dispositive on an issue before your court?

To address such an issue, I would ensure that the litigants thoroughly brief the subject and present their arguments to the Court. It would also be beneficial to consult more experienced judges to assist in my decision-making process. I would refer to the Constitution and the Rule of Law to make a ruling that aligns with these principles. As the judicial system operates, a higher court would later review my decision to determine whether it was correct and whether I exercised my discretion appropriately.

 

Under what circumstances is it appropriate for a state court to declare a statute passed by the Texas Legislature and signed by the Governor unconstitutional?

First, it is essential to note that we do not need "activist" judges to uphold the rule of law. In fact, there should be no circumstances under which a state court would declare unconstitutional a statute passed by the Texas Legislature and signed by the Governor. The Texas Attorney General's Office has the authority to intervene, or at least can intervene, when litigants challenge such issues.

 

Do you believe judges have a role in controlling the pace of litigation? 

Yes, I believe the judge has a role in controlling the pace of litigation. I believe in allowing both sides adequate time to present their arguments. I have practiced in the 271st Wise County Judicial District Court since 1995 and have tried more cases there than any other lawyer I know. If appointed, I would keep the same philosophy of the 271st Court yet seek always to improve the logical and systematic flow of justice.

 

If elected, how do you intend to manage your caseload to ensure the timely resolution of each case on your docket?

As a judge, I will control the pace of litigation while ensuring that both sides have sufficient time to present their arguments. I have practiced in the 271st Wise County Judicial District Court since 1995 and have tried more cases there than any other lawyer I know. If elected, I will continue the 271st Court's philosophy to enhance justice's logical and systematic flow.

 

Describe any pro bono work you have done.

As a criminal defense trial attorney, I understand that not all clients can afford my services. Therefore, I dedicate many hours yearly to providing pro bono legal assistance. For instance, I was approached by a homeless gentleman with mental health issues at the courthouse who needed guidance regarding a warrant for some very old traffic tickets. I represented him before the Justice of the Peace without charging any fees. Together, we found a creative solution that left my client thrilled. The Justice of the Peace even thanked me for helping to resolve the issue without compensation.

 

Over the years, I have likely completed over 100 hours of pro bono work annually, which is a conservative estimate. The cases I take on are typically for low-income individuals dealing with criminal matters, simple divorces, and similar issues. I am also a member of the Pro Bono College of the State Bar of Texas.

 

Additional information that is relevant to this appointment.

I want to provide some additional information relevant to this appointment. The 271st Court is a multi-jurisdictional court that handles criminal cases of felony grade, general civil disputes, family law, and other cases. Based on my courtroom experience, if elected to the 271st judgeship, I would be a strong protector of the Rule of Law, striving to be a fair and impartial judge. 

 

As this position involves general jurisdiction, I am confident in my qualifications. I have extensive experience in family law, general civil litigation, and a significant amount of criminal trial experience. I also reside in Wise County. In fact, I have more courtroom experience than most attorneys I know and estimate that I have participated in thousands of criminal hearings, including at least 100 jury and bench trials and contested hearings decided by verdict. 

 

Throughout my career, I have represented approximately 5,000 clients across Texas and the nation and have handled multi-complex business litigation cases. Additionally, I am licensed to practice law in seven states, including Texas. I currently manage the mental health caseload in Wise County and am confident I can be a valuable asset. While the County Attorney's Office typically addresses the mental health caseload, many defendants in District Court also face mental health issues in conjunction with felony charges.