Guest Poster: The Civil Benches

For quite a few years now, I have routinely asked a friend of mine who practices civil law for his recommendations on the Civil Benches in Harris County.  I consider my friend to be a pretty smart guy and I tend to agree with him on political issues.  He's always happy to give me his opinions, and I got his permission to share these views (on the condition of anonymity).  It's always insightful to hear his thoughts on the benches I'm unfamiliar with.  

I do think it should be said that these recommendations are from the perspective a career insurance defense lawyer, although Democrats who don’t know me think I’m a Republican because of my job, and Republicans think I’m going to hell as a woke liberal.  One of them is correct, I won’t say which.  

Appellate Benches:  The yellow dog in me will not let me recommend any of the Republican candidates.  But I cannot recommend any of the Democrats, either.  In my experience Democrats on the civil appellate benches are there on a mission to turn the tables against insurance companies and corporations no matter what the law or the facts are.  Some of them expressly so.  I do not want any of them interpreting the law.  They barely follow it when they’re supposed to.  

Republican Primary:  All benches have only one choice.  

Democratic Primary:

As usual, some of the worst judges in the county did not draw a primary opponent.  The Harris County Democratic Party is absolutely leaderless.  The challengers in these races have some of the lowest case counts I have seen for lawyers since Judge Barnstone in County Civil Court at Law No. 1, who was removed from the bench by the Commission on Judicial Conduct for his absolute incompetence.  On those grounds alone they have no business being in charge of some of the busiest courts in the country.  

157th:  Tanya Garrison.  She is Plaintiff-oriented, but she knows the law and if you show her that you do too, she is likely to follow it.  She tries cases efficiently and will mostly let the lawyers try their case once she has ruled on the evidence.  She is one of the group of Democrats who, when elected years ago, the defense bar thought was the end of fairness in Harris County courts.  I’m not sure if she’s changed or the bar has sunk so low with other more recent elections, but she is viewed as more moderate lately.  I will say that she has made some hard calls in my favor, including dismissing cases on motions where other judges would not have done the same.  Her opponent appears to be a family and criminal lawyer, likely meaning she just hung up a shingle at one point and likely knows little about civil work.  She might be more qualified, if at all, for a criminal or family bench.  I have never heard of her or seen her at the courthouse.  A search of the district clerk’s records shows she has only 20 active cases, the majority of which are criminal, followed by family law cases.  She has only one active county court at law case.  I cannot imagine she can keep up with the administration of thousands of cases as a judge.  Garrison is in the inaugural class of judges who are board certified in judicial administration.  

270th:  Dedra Davis  This is a hot take for an insurance defense lawyer.  I am the only civil defense lawyer I know that would prefer her over her opponent, who on paper is surely qualified but is running on the basis of “I’m not her.”  Several sitting Democrat judges have criticized me for backing Davis, and that should tell you enough—her own party is trying to get rid of her.  But more often than not she follows the law and she makes tough decisions that other judges will not.  She rules on the spot, and will get on her zoom link to help you get hearings set and move your case.  She reads everything.  And she has dismissed cases for me when they should have been dismissed where few other judges would likely have done the same.  Her court is a zoo sometimes.  She has a bad reputation.  Some of that is self-inflicted, but mostly it’s because she also rules against plaintiffs and she is more fair than well over half the judges down there.  I believe she still has the most jury trials in the county over the last four years, and if not, she’s near the top.  I did not like her zoom trials (she can no longer do them after the covid orders expired), but she moves her docket.  Her opponent has exactly six active cases according to the district clerk and none (ever) at the county level.  Two criminal, three car wrecks (plaintiff) and one divorce.  I think they’re dragging him out of retirement just to run, having thrown all manner of opponents against Davis in the past.  On paper he looks good.  He is simply an unknown, whereas I know that Davis will move her cases and make hard choices.  

281st:  Christine Weems.  But only for lack of options.  Weems is incredibly biased and in trial she argues with me more than plaintiff’s lawyers do.  She fights me on every point, often sua sponte, and I believe she often ignores the law.  But her opponent, another candidate running with no experience or qualifications, would do the same and is less qualified.  At least Weems knows she ignores the law and if you corner her she will sometimes reluctantly do what she is supposed to do.  Her opponent shows exactly 10 active cases in district courts and one in county court.  Most are car wrecks; some may be ad litem appointments for minor settlements.  

Court at Law No. 2:  Jim Kovach.  I believe Kovach also favors plaintiffs based on his idea of justice, but he is overwhelmingly honest and goes well out of his way to make sure everyone is heard.  I think he is overall very fair, tries to follow the law, and he has dismissed cases for me as well.  He made me do extra work to get there, but he did it.  His opponent appears to be a family lawyer.  She has 15 active cases at the district court level, and every one of them is a family law case.  She does not now, and evidently has not ever, had a case in the county courts at law.  Yet she is running for a county court at law bench?

Court at Law No. 3:  Lashawn Williams.  Williams tries to get things right.  She has an idea of justice that may differ from mine, but she has gotten better in recent years about following the law.  I like her as a person, more than a judge.  I also believe she is one of the main organizers behind how many women of color are running for benches—and overall that is a good thing.  Her opponent has been licensed for just over three years, has had only two cases (neither currently active) in the county courts, and 56 active district court (or misdemeanor cases maintained by the district clerk) cases, which are overwhelmingly criminal and family.  Maybe she should run for a family bench when she has a few more years underneath her.  

County Attorney:  Lawton Evans.  Recently resigning from County Court at Law No. 1 to run for this post, I like her policies in general.  Evans is one of the most cordial people you will ever meet and turned county Court 1 around.  And it’s time for Abbie Kamin to go away.  

I don’t have opinions on the JPs.