The 2022 Election: The District Court Races - Part Three of Three

180th District Court -- Judge Dasean Jones (I)(D) vs. Tami Pierce (R) -- There is probably no greater contrast in the type of candidates on either side of the ballot than the one we see in the battle for the 180th District Court.  The Republican challenger, Tami Pierce is a retired police officer and former prosecutor whose campaign website encourages voters to be "Fierce with Pierce."  She apparently was a defense attorney for ten years before becoming a prosecutor in Polk County.  Although it is a cute slogan, I'm not sure that ferocity is something that attorneys look for in a presiding judge.  The ideal judge, as I noted in part one of this election recap, is a neutral one who can call balls and strikes without an agenda -- no ferocity necessary.  Although I will give her credit for being well-versed in criminal law, the fact that her career hasn't been in Harris County bothers me.  Harris County isn't a small county like Polk and I don't know how it could be more polarly opposite.

By contrast, Judge Dasean Jones is probably one of the quietest and most subtle people that I know.  I knew him before he was a judge and before I knew of his political aspirations found him to be someone very concerned about the Criminal Justice System being fair to all those who came before it.  He is an Army veteran who saw active duty and continues to serve as a Major in the Army Reserves.  He has strong opinions about how the Criminal Justice System and it should be no surprise that he has not allowed himself to be anything remotely resembling an arm of the prosecution.  The calls that he has made from the Bench are made from a position of what he thinks is best.  He's making calls as a member of an independent judiciary as he should -- even if public opinion doesn't like it.

182nd District Court -- Judge Danny Lacayo (I)(D) vs. Robert Jackson (R) -- there are several things that I find to be wildly amusing about the candidacy of Robert Jackson who is running for the 182nd District Court against the wildly popular incumbent Judge Danny Lacayo.  During the primaries, the DA's Office angrily denied encouraging its prosecutors to run against judges it disliked.   I guess they consider encouraging one of its investigators who just so happens to possess a law degree to be a different matter.  The second thing that I find to be wildly hysterical is Investigator Jackson is touting having won the Houston Bar Association's Judicial Preference Poll when he doesn't actually practice law.

Here's a spoiler alert for any potential voters looking at the Houston Bar Association's Judicial Preference Poll:  it's not an accurate barometer of the opinion of people who actually practice criminal law.  The vast vast majority of Criminal Defense Attorneys in Harris County aren't members of the Houston Bar Association for a couple of reasons.  The first reason is that it largely caters to attorneys who practice civil law.  The second is that it is generally a fairly conservative organization and most defense attorneys are more liberally leaning.  Additionally, the Harris County District Attorney's Office has traditionally paid for membership for all of its prosecutors to be members of the Houston Bar Association so that they would have a voting bloc.    There is probably no better example of how this turns out a skewed result than an investigator who doesn't actually practice law being deemed a better jurist than a very well-liked and respected judge like Lacayo.

I've known Judge Lacayo since he was a baby prosecutor and I am proud to also call him my friend.  He was a fair and reasonable prosecutor during his time with the Office before becoming a diligent and zealous advocate with the Public Defender's Office.  On the Bench, he has proven himself to be a neutral yet tough judge.  He is the first person to give a non-violent a second chance, but he's made himself very clear that he isn't a fan of the third chance.  I've had him rule against me more than I've had him rule for me but his rulings were all based in the law, not personal preference.  He follows the law to the letter and isn't afraid to drop the hammer on someone he finds to be beyond redemption.  He's a fantastic judge and deserves to be reelected.

183rd District Court -- Gemayel Haynes (D) vs. Kristin Guiney (R) -- the 183rd District Court Bench is technically an open bench since Democratic candidate Gemayel Haynes defeated incumbent Judge Chuck Silverman in the primary.  He faces former 179th & 232nd District Court Judge Kristin Guiney on the ballot.  Both candidates are good friends of mine, so this is a tough one for me.  

Kristin Guiney had an excellent reputation on the Bench during her tenure.  She was first elected to the 179th in the 2012 election, only to be swept out in 2016 with the remainder of the Republican Judges.  She was appointed to the 232nd District Court to complete the term of Judge Mary Lou Keel when Keel went to the Court of Criminal Appeals but was swept out again in 2018 as part of that Democratic Sweep.  No one, including her opponents in those races, would attribute those losses to anything she had done wrong.  She was very well-liked and respected during her time on the Bench and that was a feeling shared by both the Defense Bar and the State.  On a personal note, Guiney is someone I've known since she started at the Office.  We don't see each other as often as we used to but she is still a family friend.

Similarly, Gemayel Haynes is also a good friend of mine that I've had the opportunity to know and watch since he started as a lawyer.  We also used to be neighbors (RIP Dorothy's!)  I've watched him grow from a relatively shy (or at least quieter) prosecutor into an outspoken leader within the Harris County Public Defenders Office.  I always enjoy talking to him because he is so passionate about the Criminal Justice System and the fair application of the law to all people accused of crimes.  I think that he also would make a great judge.

184th District Court -- Kat Thomas (D) vs. Lori Deangelo (R) -- The 184th District Court is another open bench after Democratic candidate Katherine "Kat" Thomas defeated incumbent Judge Abigail Anastasio in the March primary.  I find this race to be a curious one because it has a defense attorney running as the Republican and a prosecutor running as the Democrat.  Both candidates are friends of mine.  I've known Lori Deangelo longer, but I would say that I'm closer to Kat.

Lori was slightly ahead of me at the Office in seniority and she stayed on quite a bit longer than I did.  When I dealt with her from the defense side of things, she was always fair and pleasant to work with.  She was on track as a career prosecutor and I was surprised when she left the Office.  She ran for District Attorney in 2020 but did not win the Republican nomination.  She has been a defense attorney for quite some time now and I do think that is a valuable perspective to have as a judge.

For about a year or two, it seemed like almost every case I had pending in Harris County was being handled by Kat Thomas, but I definitely was not complaining about it.  I enjoyed working on cases with her.  She was professional, friendly, and completely above board in all of the cases that we worked on together.  She was the prosecutor in vehicular crimes and we dealt with some pretty gruesome and tragic cases.  She was open-minded and fair.  She was a prosecutor whose word I could take to the bank and she was a pleasure to work with.

185th District Court -- Andrea "Andy" Beall" (D) vs. Chris Carmona (R) -- like the 183rd and 184th, the race for the 185th District Court is an open one after Andy Beall defeated incumbent Judge Jason Luong in the March primary.  I was pretty open about my support for Judge Luong in March and my disdain at the many of the "below the belt" attacks on him as a judge.  I was disappointed that the campaign took that tone because I thought it was unnecessary.  Andy Beall was a strong candidate who could have run a strong campaign on her own credentials.  I did feel that her positions on certain criminal law issues were more closely aligned with Republican ideology than Democrat and I pointed that out.

All of that being said, I'll vote for Andy in the 2022 election because her experience is in Criminal Law.  She is a felony chief prosecutor and she understands that system.

I don't really know Chris Carmona personally, although I'm friends with him on Facebook.  I supported him when he ran for County Attorney in 2016 against Jim Leitner because he, um, was running against Jim Leitner.  That being said, it seems like Carmona runs for a different office quite frequently.  That doesn't mean that he's a bad person or even a bad candidate, but I'd rather have someone on the Bench who is dedicated to the practice of criminal law and not just seeking an elected position.

208th District Court -- Beverly Armstrong (D) vs. Heather Hudson (R) - the race for the 208th District Court Bench is an unusual one for me because I don't know either of the candidates.   As I mentioned in my primary write-up back in February, Beverly Armstrong has been a career prosecutor in some of the surrounding counties and quite a few people that I know and respect have spoken very highly of her.  According to her website, Heather Hudson is a career prosecutor who has worked in other jurisdictions but has been in Harris County for several years now.  It indicates that she is in the appellate division, so that would easily explain why I don't think I've met her.  

209th District Court -- Judge Brian Warren (I)(D) vs. Kevin Fulton (R) --  the race for the 209th District Court is not a close one for me.  Judge Brian Warren and I have been good friends since we served together in the 174th District Court as prosecutors.  He left the D.A.'s Office before I did to start a successful career as a defense attorney, and he took the time to sit second chair with me when I tried my first case as a defense attorney.  In many ways, he's like a brother to me and I couldn't be more excited or proud to see what a great job he's done on the Bench during his first term.   He has proven himself to be a careful and thoughtful jurist who is actively involved the day-to-day operations of the CJC.  

I'm not familiar with the Republican candidate in this race, Kevin Fulton, and I'm not seeing that he even has a campaign website up.  His State Bar profile lists him as a lawyer who practices "business, family, labor-employment, litigation, personal injury, real estate, wills-trusts-probate."  Notably absent from that list is criminal law, which should be tremendously concerning to anyone who actually cares about the Criminal Justice System.

228th District Court -- Judge Frank Aguilar (I)(D) vs. Andy Taylor (R) --  as I noted in my February write-up on the primaries, I'm a big fan of 228th District Court Judge Frank Aguilar and out of the judges elected in the 2018 election, I've probably had the most contested hearings in front of him.  In each instance that I've appeared before him, he let the parties try their cases without intervening unless called upon.  He called balls and strikes and made his rulings based on the law.  His personality was never interjected into the proceedings.  In my mind, that's what a judge should do and how a judge should be.  He is not a judge who could be described as either being pro-Defense or pro-State, and that's all that I think we could ask for.

I've seen his Republican opponent, Andy Taylor, around the courthouse on a regular basis, but I don't know him personally.  I actually didn't know his name until I looked up his campaign website.  To be fair, he does practice criminal law unlike many of the other candidates the Republican Party has chosen to run against good judges.  I don't know much about him.  

230th District Court -- Judge Chris Morton (I)(D) vs. Brad Hart (R) - ugh.  And then we get to these two candidates, who seem to be bound and determined to give me an ulcer by running against each other again.  They ran against each other in 2018 when Judge Morton won the bench previously held by Hart, and I told them both back then that they were stressing me out because they were both close friends.  So apparently, they decided it would be fun to run against each other again.

The reason that the race between these two candidates stresses me out so much isn't just because they are good friends.  It is also because they are both good judges.  Brad Hart was my first chief when I started at the D.A.'s Office and I consider him to be a friend and a mentor.  He was a good prosecutor, teacher and leader.  I was very happy for him when he became judge and I thought he did a great job of it.  I was honored to speak at his investiture.  As I wrote back in 2018, I was disappointed when Chris ran against him although I thought Chris would make a great judge too.

As it turns out, I was right.  Chris Morton has turned into a great judge.  He's proven himself to be the kind of judge that you hope to find on the bench if you find yourself having to go to court.  He follows the law and his conscience without allowing himself to be swayed by public opinion or pressure.  He's making rulings based on his considerable judgment and is more than happy to take as much time as needed to explain his rationale if you disagree with him.  He's not swayed by personal friendships (he set one of my client's bonds at $1.5 million) and takes great steps to ensure that the appointed attorneys in his court aren't selected by him in order to ensure neutrality.

232nd District Court -- Judge Josh Hill (I)(D) vs. Joshua Normand (R) -- one of the easier decisions on the ballot is the race between incumbent 232nd District Court Judge Josh Hill and attorney Joshua Normand.  Since taking office in January 2019, Judge Hill has done an outstanding job on the Bench, running his court fairly and efficiently without showing any level of favoritism toward either the State or the Defense as he makes his rulings.  He has been active in seeking (and giving) input to help keep the Criminal Justice Center moving along as effectively as possible during the Covid crisis.  

On the Bench, he has been a compassionate judge who will take a considerable amount of time talking to Defendants to make sure that they understand the legal process.  He takes his time reviewing all the relevant factors in determining bond.  He does his own legal research on issues that he doesn't know the answer to off the top of his head.  He makes his rulings based on the right factors instead of public opinion.

As with several of the other candidates on the Republican side of the ballot, I don't recognize Joshua Normand by name or sight after looking at his website.  His professional website indicates that he primarily does tax law, which is a far cry from criminal law.  It mentions that he does some criminal law, but I have no idea who he is.

248th District Court -- Judge Hilary Unger (I)(D) vs. Julian Ramirez (R) --  I didn't know Judge Hilary Unger very well before she took the bench in January 2019, although I think I've known her in passing since I've been in Harris County.  During the past several years, I've gotten to know her better as I've appeared in her court on multiple occasions and also had meetings with her and other judges about the Managed Assigned Counsel (MAC) program.

Judge Unger is someone who is extremely passionate about the Criminal Justice System and works hard to make sure that it is fair and equitable to all who appear before her.  She has no qualms about spending as much time as she needs to when evaluating issues before her, both big and small.  She devotes a great amount of attention to all matters before her and she does a good job.

Republican candidate Julian Ramirez and I used to be friends when we were both at the District Attorney's Office but had a falling out after I left.  I'm not a fan and I don't trust him.  He was one of the prosecutors whose contract was not renewed by Kim Ogg when she took Office.  After leaving the Office, he has stayed away from any defense work but has done some special prosecutions.  I'm not sure if that's because he can't bring himself to be on the defense side of things, but he definitely lacks perspective on that side of the Bench. 

262nd District Court -- Judge Lori Gray (I)(D) vs. Tonya McLaughlin (R) --  I only knew Judge Lori Gray in passing prior to her taking the Bench in 2019.  She's a very nice lady, but I don't know her well at all.  During the few times I've appeared in front of her, she's been very nice, but I've never had to try anything contested in front of her.  I don't have anything negative to say about her.

I have known Tonya McLaughlin since she and I worked together at the D.A.'s Office, and I think the world of her.  I supported her when she previously ran for Court 10 back in 2014 and I stand by all of the nice things I had to say about her back then.  Tonya has been a prosecutor and a defense attorney.  She knows trial work and she knows appellate work.  She's also one of the genuinely nicest people I know.  I think she would make a fantastic judge.

263rd District Court -- Melissa Morris (D) vs. Amber Cox (R) -- the 263rd District Court is also an open race after Democratic Candidate Melissa Morris defeated incumbent Judge Amy Martin in the March Primary.  As I mentioned in my February post, I don't know Melissa except in passing and we are friends on Facebook.  She has always been very nice to me, but I just don't know enough about her to say too much.

I know Republican Candidate Amber Cox a little better than I know Melissa.  Amber is a prosecutor at the D.A.'s Office and I worked with her on a very serious case involving some serious injuries that had a very strong self-defense claim.  Amber was extremely above-board and heard me out on the issues I brought to her attention and, in my opinion, she ultimately did the right thing.  I enjoyed working with her on that case, but have not had many other opportunities to do so.  She is always friendly but I do not know her very well outside of work.

482nd District Court -- Veronica Nelson (D) vs. Judge Maritza Antu (R) - the race for the 482nd District Court is an anomaly on the ballot this year because it is the one and only criminal judicial race where the sitting judge is a Republican facing a Democratic challenger.  That's because the 482nd is the newest court in the county, having been created by the legislature only a year or so ago.  Since it was newly created, the Governor got to pick who the new judge would be.  Since the Governor is Republican, he obviously picked a Republican to be judge, and the person he appointed was former prosecutor and then defense attorney Maritza Antu.

There are a couple of caveats that I have to give before proceeding.  

The first caveat that I need to give is that Judge Antu's opponent, Veronica Nelson, is someone that I consider to be a very close friend.   She and I tried a case against each other when she was a relatively junior prosecutor at the District Attorney's Office and I respected the way she tried the case.  She was candid, reasonable, and completely above-board in her handling of a case.  We got to be friends during the course of that trial, and she is one of my favorite people to talk to.  She likes to give me hell, but she knows she loves me.   Veronica left the D.A.'s Office several years ago and since then has served as the Staff Attorney to the Criminal and Civil Courts at Law.  Her duties are advising those judges on issues in the law that they may need assistance with.  

Veronica is very invested in the Harris County Criminal Justice System and what needs to be done to improve it.  We talk quite frequently about issues we see in the CJC and I have always appreciated her insight.  I think she would make a phenomenal judge and she has my full support.   She cares about the integrity of the system and would be a great addition as judge.

I knew Judge Antu when she was a prosecutor and never had a conflict with her.  She handled cases that I was defending and I always found her to be fair (maybe a little overzealous) on my cases.   We didn't often agree, but we didn't fight.  She, too, was a victim of Kim Ogg's purge when Ogg took office in 2016, and I felt that was unwarranted (as I felt about almost all of the other victims).  We were friendly with each other after she left.  I'm friends with her husband, Matt Peneguy, who works for the Feds.  Our kids went to the same daycare and we talked at a great many birthday parties.  We weren't best friends but we certainly weren't enemies.

In the election of 2018, she ran for the Republican nomination for the 185th District Court against former Judge Stacey Bond.  In my blog write-up back then, I said nothing negative about Judge Antu, but I did note that Judge Bond was one of the best judges I had ever practiced in front of.  Ultimately, Judge Bond won the primary, only to lose to Judge Jason Luong in the general election.  Judge Antu never spoke to me socially again, however.  We weren't super close to begin with, but I was kind of surprised at how angry she was about me failing to endorse her.   

I don't bring that up to reopen old wounds, but to give context when I say that to her credit, Judge Antu has been nothing but courteous and professional to me on the Bench.  When the 482nd was created, multiple cases were pulled from the already existing courts and sent to the 482nd to ultimately be disposed of.  Several very serious cases that I had pending elsewhere were suddenly in front of someone who hadn't made eye contact with me in years.  I was concerned.  Ultimately, the concern that she would treat me unfairly for personal reasons was misplaced.  Almost all of those serious cases of mine ended up being dismissed when Judge Antu held the State to a strict timetable for being ready for trial.

That being said, I do have concerns that Judge Antu's has very pro-prosecutorial tendencies that have led to her assisting the State on occasion when the State fails to do its job.  I recently had a client charged with a serious case who was alleged to have committed bond violations.  The State moved to hold him at no bond, and as his attorney, I demanded a hearing on that matter.  The standard of proof that the State would have needed to prove to have my client held at no bond was not very high.  All they really needed to do was subpoena one witness and have that witness testify for about five minutes.

We set the case for a hearing.  The State forgot to subpoena any witnesses.

On the day of the hearing, the State proceeded to the court on the hearing with no witnesses.  I object right and left that without witnesses, my client was being deprived of a hearing.  That was denied.  The State attempted to introduce documents without a witness to authenticate those documents or show that they were relevant to my client.  I objected.  That objection was overruled.  At the end of the hearing, the State's motion to hold at no bond was granted.

In the big scheme of things, I can say that if the prosecutors had put on the evidence that they were required to, pretty much any judge in the CJC would have most likely held my client at no bond.  But, I think that every judge in that building would have required the State to make that minimal effort to prove the facts alleged first.  Judge Antu didn't, and that concerned me. It is my understanding that I'm not the only attorney who has gone through this with her, and I want to be very clear that I don't think her ruling was anything personal.  And if you are wondering, yes, I'm working on a writ to hopefully correct it and get an actual hearing.

The issue that I have with Judge Antu's ruling is what concerns me about what seems to be the platform of the Republican Judicial candidates in general.  I don't like the message that "even if the prosecutors don't do their job and prove a case, the judges will incarcerate the accused anyway."  It's contrary to the principles of the Constitution and the entirety of the Criminal Justice System.  

I believe that if the State does what it is supposed to do, then ultimately the truth will prevail and the System will work.  If the State doesn't do what it is supposed to do, then it won't.  It's just that simple.

But what the System definitely does not need is a judiciary that is there to help the State along anyway when the State doesn't meet its burden.  That's not justice.  That's just having a second prosecutor on the bench.  If the State can't win a case without another prosecutor on the Bench, then maybe they shouldn't be trying it in the first place.

The 2022 Election: The County Court at Law Races - Part Two of Three

Okay, let's jump right in.  Hopefully, if you are reading this, you've already read Part One of my sweeping epic on the 2022 Election.  Also, many of these candidates I talked about in more detail during the primary elections earlier this year.

County Court at Law # 1 -- Judge Alex Salgado (I)(D) vs. Nathan Moss (R) --I didn't know Judge Alex Salgado at all prior to him taking the Bench in January of 2019 and my appearances before him during his tenure have been very limited.  I have spoken to him in court and he is an incredibly nice man who runs a very fair and efficient court.  He was a prosecutor for nine years (he mentioned to me that many of those years were in Walker County) before taking the Bench.

Nathan Moss is a Felony Division Chief at the Harris County District Attorney's Office and one of the few remaining prosecutors that were there when I was.  He was a baby prosecutor around the time I left.  He's also my neighbor!  Nathan is a personal friend and an extremely intelligent prosecutor.   He's a career prosecutor (as was Judge Salgado before taking the bench).

County Court at Law # 2 -- Judge Ronnisha Bowman (I)(D) vs. Paula Goodhart (R) -- as was the case with Judge Salgado, I did not know Judge Bowman prior to her taking the Bench, and I don't have any experience appearing before her since she was elected in 2018.  Unfortunately, I just don't have much information to share with her because of that.  Don't read anything into that.  I just don't have a basis to give you any information.  I wish I did.

Paula Goodhart is the former judge of County Court at Law #1 who lost her bench in the 2018 Democratic sweep.  She is also a friend who I've known since we were both prosecutors at the D.A.'s Office.  Paula was senior to me at the Office (that's not an age joke) and was a Felony District Court Chief when she left.  She was very well-liked as a judge and has had a very busy and successful defense practice since leaving the Bench.

County Court at Law # 3 -- Porscha Brown (D) vs. Leslie Johnson (R) -- the County Court at Law # 3 bench is an open bench this election cycle due to Judge Erica Hughes leaving the bench mid-term for a Federal position.  The current judge of the court is Ashley Guice, who did not run as a candidate for the permanent position.  As an aside, Judge Guice has done a great job during her brief tenure and I hope she does run for a Bench in the future.

I don't know either Porscha Brown or Leslie Johnson particularly well, but I'm friends with them both.  Both of them are defense attorneys.  I would say that I've known Leslie longer but I probably know Porscha a little better.

Porscha won a very decisive victory in a three-person Democratic primary earlier this year.  She is a public defender with the Harris County P.D.'s Office and I have seen her argue in court.  She's a very impressive and zealous advocate for her clients and she is very well-liked amongst her co-workers at the P.D.'s Office and the Defense Bar, as well.

Leslie is also a respected member of the Defense Bar.  She is married to defense attorney Dane Johnson, who I've known for ages.  I don't have anything negative to say about Leslie at all, but I don't have a whole wealth of knowledge about her, either.   

County Court at Law # 4 -- Judge Shannon Baldwin (I)(D) vs. Zachary Gibson (R) -- I've known Judge Baldwin since she was a defense attorney prior to taking the Bench in 2019.  We were friendly, but not particularly close friends.  I have had the opportunity to appear before her in her court on multiple occasions over the past four years, however, and I can attest to her being a very good judge.  She is serious, fair, and efficient.  I have not had a trial in front of her, but have approached on evidentiary matters and found her approach to be thoughtful, insightful, and balanced.  She has done a great job on the Bench.

I don't believe that I know Zachary Gibson personally, but I'm aware that he is a Harris County District Attorney's Office prosecutor.  I'm not familiar with him but have noticed that there is a commentor on the blog who seems to really dislike him, according to the comments left on other posts.  I can't (and wouldn't) vouch for experiences that aren't my own, but I will say that my positive experiences with Judge Baldwin have earned my vote for her in this race.

County Court at Law # 5 -- Judge David Fleischer (I)(D) vs. Elizabeth Buss (R). Judge David Fleischer is one of my favorite people at the CJC.  We got to be friends when he was running for judge in 2018 and he has done a great job on the Bench. He works so hard to get everything right and it stresses him out so much when he thinks he's messing something up.  He's a good man and a good judge.  He leads from a place of compassion in his decisions but isn't afraid to be tough when the situation calls for it.  I've appeared before him on several cases during his tenure.  I've had wins and losses on issues with him, but he always did what he felt was right in his heart and I admire that.

Liz Buss is a prosecutor with Harris County that I also like a lot.  I've dealt with her on cases in the past and she has been nothing short of friendly, courteous, and fair.  I have absolutely nothing negative to say about her.  

County Court at Law # 6 -- Judge Kelley Andrews (I)(D) vs. Mark Montgomery (R) -- as I mentioned in my February post on the primaries, I've known Judge Kelley Andrews since she was a rookie defense attorney many moons ago, and I think the world of her as well.  She is a personal friend who I enjoy talking to on those rare occasions that I get the opportunity to.  I've also appeared in her court multiple times over the past several years and have enjoyed the way she runs her courtroom.  She calls balls and strikes and lets the attorneys do their job.  In addition to her regular duties, Judge Andrews also helped create (and currently runs) the Mental Health Court for misdemeanor cases.  She is immensely qualified, has done a great job, and deserves to be re-elected.

I do not know Mark Montgomery, and I don't recognize his picture from his website.  He is apparently a retired Houston Police Department lieutenant who practices in multiple areas of law.  His website says that he does some criminal, but, like I said, I don't recognize him.  

County Court at Law # 7 -- Judge Andrew Wright (I)(D) vs. Mike Monks (R) -- In what can only be described as the greatest disparity in hairstyles on the ballot this year, Judge Andrew Wright is running for a second term against longtime defense attorney Mike Monks.  As with so many of the other contests I'm writing about here, both candidates are friends of mine.  I knew Judge Wright before he took the bench in January 2019, but I've gotten to know him better over the years.  As I wrote back in February, he ran for the Bench because he has strong feelings about how the Criminal Justice System should operate and he's made those feelings the backbone of his time on the Bench.  Almost immediately, he let the State know that he would hold them to their obligations to turn over Discovery and follow those duties that they are required to perform under the Code of Criminal Procedure.  He has firm policies in his court and he expects them to be followed.  There's nothing wrong with that, and I admire him for his vision and direction as a judge.

Although another candidate in a race a few years back referred to himself as an "institution" of the courthouse, Mike Monks is truly an institution in our Criminal Justice Center world.  He was an experienced lawyer when I first walked in the door in 1999 and he is a fan favorite for all of us who practice there.  Mike is such an institution at the courthouse that for years, the D.A.'s Office's Halloween decorations consisted of a skeleton wearing a "Mike Monks for Judge" campaign t-shirt that sat on a couch in the reception area.  He's one of the nicest people you will ever meet and someone happy to answer questions for some of us "younger" lawyers.  

County Court at Law # 8 -- Erika Ramirez (D) vs. Mark Goldberg (R) -- well, here's an interesting race that pits two current Assistant District Attorneys against each other.  Democratic candidate Erika Ramirez defeated incumbent Judge Franklin Bynum in the primary and she faces off against Republican Mark Goldberg.

I think the world of Erika Ramirez and she definitely has my vote in this election.  I've dealt with her as a prosecutor and as a friend.  I admire her ethics, knowledge, and compassion.  She has worked hard on the campaign trail and I hope that pays off for her in November.  

By contrast, I am not a fan of her opponent, Mark Goldberg and I base that on several different factors.  Goldberg is a political hire brought in by Kim Ogg.  He doesn't know much about prosecution, and I had a front-row view of that when I had this case set against him in 2020.  I hope you will take the time to read that article if you aren't familiar with the story already.  The short version is that he lied to the court to get out of a Batson violation.  His reputation for honesty hasn't improved any since then.  He lied to the media in the summer of 2019 as I outlined in this post.  In addition to his issues with honesty, Mark also isn't really a prosecutor.  He's a campaign advisor for Kim Ogg who is holding a prosector's pay position so he can have a taxpayer-funded job.

County Court at Law # 9 -- Judge Toria Finch (I)(D) vs. Sartaj Bal (R) -- I can't say enough nice things about Judge Toria Finch, and I'm not alone in that.  When running against her opponent, John Wakefield in 2018, he couldn't say enough nice things about her either.  It was the friendliest campaign I've ever witnessed.   Since taking the Bench, Judge Finch has maintained a cordial and productive court where prosecutors and defense attorneys are glad to practice.  She is kind, fair, and smart.  She's done a great job during her first term on the Bench and she deserves another one.

I don't know her opponent, Sartaj Bal, and I've never heard of him, either.  I don't recognize him from his campaign website and I'm not sure that I've ever seen him in the CJC at all.    His website is ambiguous about what types of cases he handles, but his State Bar profile indicates that he is licensed in a couple of Federal Bankruptcy courts.  I'm not a big fan of lawyers becoming Criminal Court Judges when they don't practice Criminal Law in the first place. 

County Court at Law # 10 -- Juanita Jackson (D) vs. Dan Spjut (R) --  With current County Court at Law #10 Judge Lee Harper Wilson not seeking re-election, County Court at Law # 10 is an open bench in 2022.  My friend, the youthful and vibrant and not at all old-school, Juanita Jackson, is a defense attorney running as the Democratic candidate against the former judge of Court #10, Republican Dan Spjut.

Dan Spjut was elected to the Bench in 2014 and, like Paula Goodhart, lost his bench in the Democratic sweep in 2018.  During his time on the Bench, I don't believe that I ever had a case in his court.  I know that he had a lengthy career with the City of Houston Police Department.  I never heard any complaints about him.  I think I've met him in passing, but I do not know him personally.  I have nothing negative to report.

I've known Juanita for as far back as I can remember and she is a personal friend.  She is a strong and dedicated defense attorney who fights hard for her clients and I have no doubt that she would do a great job if elected.

County Court at Law # 11 -- Judge Sedrick Walker (I)(D) vs.  Dan Simons (R) -- Although I've known Judge Sedrick Walker since he was a prosecutor, I don't know him very well on a personal level.  During his time as a prosecutor, I believe I had one or two cases against him and found him professional and prepared when we talked.  Since he took the bench, I have appeared before him on a handful of occasions and have always enjoyed being in his court.  He is very professional and runs an efficient court.

I've known Dan since his time at the District Attorney's Office.  In 2018, he won the Republican Primary over longtime incumbent Judge Jay Karahan, who had run afoul of the Republican Party because he (gasp!) officiated over a same-sex marriage.  I thought the move local Republicans pulled on Karahan back then was crap and I was disappointed that Dan ran against him for that reason.  It all became irrelevant anyway as Dan lost to Franklin Bynum in the 2018 Democratic Sweep.  I believe Dan moved out of state for a time, but he has been back in Harris County and practicing as a defense attorney for a few years now.

County Court at Law # 12 -- Judge Genesis Draper (I)(D) vs. Matt Dexter (R) --  If you are a reader of this blog, you probably know that I'm a Super Fan of Judge Genesis Draper.  I didn't know her prior to her taking the Bench but had the opportunity to pick a jury in front of her in the above-mentioned case against Mark Goldberg.  Judge Draper was amazing then as she deftly dealt with suppression and Batson issues that were brought before her.  She has a strong background in criminal defense and is an amazing judge.  Since trying that case with her, I've had the opportunity to talk to her on many additional occasions about the law and the state of the Criminal Justice System.  I admire the passion and dedication she has for Criminal Justice and wish she would seek an even higher office.  She's the type of leader that the world needs more of.

My old buddy, Matt Dexter is running against Judge Draper for Court #12, and he and I go way back.  We became good friends back in 1999 when he was still with HPD and we bonded over the time-honored tradition of mocking Adam Brown.  Matt is a great guy and a good friend.  Most of his criminal defense work has centered around the juvenile system, however, and I'm kind of surprised he didn't run for a bench in that arena.  Although I have nothing negative to say about my friend, the truth of the matter is that I'd vote for Judge Draper even if she was running against me!

County Court at Law # 13 -- Judge Raul Rodriguez (I)(D) vs. Lance Long (R) -- The last three races I'm profiling here are tough ones for me because I think all of the candidates running are great ones.  Lance Long is a former-Harris County Assistant District Attorney who was inexplicably let go as part of Kim Ogg's ridiculous Bloody Friday purge of experienced prosecutors when she took Office.  He is one of the smartest people I've ever met and I sat with him on the one and only death penalty case I ever tried as a prosecutor.  Since leaving the Office, he has served as a prosecutor in other counties trying serious cases.  I do think that he would be kind of bored trying misdemeanor cases, since Capital Murder is pretty much his specialty, though.

As much as I love Lance, Judge Rodriguez is arguably one of the best judges on the bench in the CJC and easily one of the most popular.  In addition to being one of the nicest people that I've ever met, he's also an excellent judge.  He runs a very efficient court and he calls balls and strikes without playing any favorites.  I had a lengthy contested Motion to Suppress in front of him, and although he ultimately ruled against me, I had no doubt that he had attentively listened to all of the involved witnesses and parties and carefully reviewed the applicable law before doing so.

County Court at Law # 14 -- Je'Rell Rogers (D) vs. Jessica Padilla (R) -- the race for County Court at Law # 14 is technically an open race with no incumbent since Democratic candidate Je'Rell Rogers defeated current Judge David Singer in the March primary.  As I wrote back then, I'm a big fan of Je'Rell both professionally and personally and I think that he would make a great judge.  He is currently a Chief Prosecutor in the 180th District Court and a recovering former Notre Dame mascot.

I've known Jessica Padilla since she was baby prosecutor at the D.A.'s Office, a year or so behind me in seniority.  She's a wonderful and sweet person that I think would also make a great judge.  She prosecuted for several years but has been on the defense side of things for quite some time now.  She's very involved in the Republican Party of Harris County.

County Court at Law # 15 -- Judge Tonya Jones (I)(D) vs. Xavier Alfaro (R) --  I did not know Judge Tonya Jones when she ran for the Bench in 2018, but I supported her because I knew that she would be a far better choice than her opponent, Roger Bridgwater.  I'm glad I made that call then because I've had the opportunity to appear in her court since and she's a great judge.  She runs a very open and fair courtroom and is well-liked by both the Defense Bar and the State.

Xavier Alfaro (aka X-Man) is also someone that I think very highly of.  I first met X when he was a prosecutor in Harris County.  He was a defense attorney for a while and then went to work for Brian Middleton at the Fort Bend County District Attorney's Office, where he heads the Misdemeanor Division.  Every time I've dealt with Xavier, I've been glad that he was the person I was dealing with.  He is someone that knows the law and how to follow it, but also strongly appreciates fairness and equity in making his decisions.

The 2022 Election: Overview - Part One of Three

Definitely, my least favorite part of this blog has become the expectation that I do a write-up on the candidates when election time comes around.  Y'all have no idea how much it stresses me out!  The reason it stresses me out is that in the vast majority of the races, I have two friends running against each other.  Usually, those friends are great people and usually, those friends are both very qualified for the office that they seek.  That's a no-win situation for me to write about and that is usually compounded when I don't make a clear choice and get called out for wimping out.  To paraphrase the late, great Ben Parker, with great blogging comes great responsibility, unfortunately.

While I will reluctantly acknowledge that I sometimes "wimp out" on making a clear choice between two people that I consider to be friends that are qualified for the Bench, I do want to make it clear that I am completely honest about a person's ability to be an elected official even if they are a friend.  That situation hasn't come up often in the fourteen years that I've been running this blog, but it has happened.  On more than one occasion, I've lost a friend for being honest about my thoughts on him or her as a candidate.

I've also been clear when I've supported who I thought was the better candidate, even though I knew they didn't have a snowball's chance in Hell of winning.  Over the years, I've been treated with varying degrees of warmth by the candidates who ultimately prevailed despite my endorsement of their opponents.   

I write all of this to say to my critics who get mad when they feel that I didn't say enough about one race or the other:  it isn't always pleasant, and I will be more than happy to give you a free tutorial on running your own blog if you would like to share a different message than mine.  If Don Hooper can do it, so can you!

So, moving on . . . 

I broke these write-ups into three parts.  This overview, the District Court Races (and District Clerk), and the County Court Races.  Otherwise, it would be too damn long.

I wanted to do an overview this year because I wanted to point out (yet again) how much misinformation there has been this year about the Criminal Justice System, and how much it bothers me.  I have watched some very honest, brave, and good judges get blasted time and again in the media for doing the jobs that they were sworn to do.  I've seen insanely irresponsible reporting lead to death threats against judges for following the law.  I've seen them take more blame for murders than the people who actually committed them.  The vilification has been off the charts, and completely and totally undeserved.

I recently did something unusual by having a sit-down lunch with someone I had been arguing with on Twitter about these issues.  It was a strange set of circumstances that led up to the lunch.  A blowhard who calls himself "Common Sense Bob" on Twitter had initiated the idea by threatening to show up at my office with some "friends," and I countered by telling him I would provide food.  Unsurprisingly, the Bob didn't show up, but one of the other people did and we had lunch to discuss the criminal justice system.

I think it is a testament to what a toxic environment Twitter is because I actually enjoyed the lunch quite a bit.  We fought like children on Twitter but had a great talk in person.  We talked for about thirty minutes about things we had in common before we moved on to criminal justice.  We listened politely to each other's thoughts on the system.  Her experiences as a victim of crime understandably influenced her thoughts in a way that made perfect sense.  She agreed with me that I thought the judges were getting all the blame while the District Attorney's Office wasn't being held accountable for their part in the rise of crime.   We disagreed on bond reform, but the conversation was cordial and I know that I was glad we had had it.  I don't know that it changed my position on anything, but it added to my perspective on many things (including how double-parking as a public official should be considered political suicide).

So here are some of the takeaways that I wanted to point out before talking about the judges themselves:

1.  The Relationship between County Judge Lina Hidalgo and Criminal Court Judges ends at Party Affiliation.  Love her or hate her, Lina Hidalgo's title of judge does not affiliate her with actual presiding judges in criminal courtrooms.  They are all Democrats and that's where the similarities end.

I've got no problem with Judge Hidalgo and as someone with inside knowledge about her staff being indicted, I can tell you that those charges are utter horsecrap.  There is a difference between doing something that is bad optics and something that is illegal.  Hidalgo may have stepped in some crap on optics, but she didn't break the law.  Neither did her staffers, and it turns my stomach to see them being paraded around on political commercials as evidence of corruption.  

That being said, I'm nowhere near as invested in the Hidalgo/Mealer contest as I am in the Criminal Court Judges race.  If you want to hate on Hidalgo, knock yourself out, but that shouldn't reflect on your choices for the other judges.  They have completely unrelated jobs.  If you think that Hidalgo is "defunding the police" as brainiacs like Kim Ogg and Mark Herman would have you believe, you are wrong, but even if you were right, that shouldn't reflect on the Criminal Court Judges.  That association would be like deciding you hate Whataburger because you once got food poisoning at McDonald's.  

2.  The Rise in Violent Crime is a Nationwide Trend and Houston is no different than other major cities around the country.  It would be comical if it weren't so sad that so many people tend to think that Houston is the only city in the country or world experiencing a rise in violent crime.  The pandemic has led to joblessness, poverty, housing crisis for low-income families, depression, and desperation. These are the pillars of a rise in crime - violent and non-violent alike.  The Republican Party of Harris County has done a spectacular job of somehow juxtaposing a worldwide epidemic with the local Democrats when it comes to blameshifting.  Really, the job they have done has been quite stunning.  I'm sure that you have all seen the signs in front yards that say "Tired of Crime?  Vote Republican."  As if there was no crime in the decades when Harris County was a solidly Republican county.

3.  Misdemeanor charges are not usually predictors of future violence.  One of the most eye-rolling things that I see on the news is when there is a murder arrest and they point out that the accused perpetrator was out on multiple misdemeanor (or even non-violent felony) bonds, as if the misdemeanor judges should have some Nostradamus-like wisdom about what a person with a theft charge is going to do if released upon society.  I do acknowledge that misdemeanor Assault-Family Violence cases are an exception to this, but they are still misdemeanors.  They can have all kinds of conditions that prohibit the Defendant from contacting the Complainant, but they aren't going to be held at No Bond.  If Republican judges do end up sweeping, don't expect that to change.

4.  Judges are not supposed to be an arm of the Prosecution.  I have plenty of friends running for judge as Republicans this go-round and they all seem to have jumped on this bandwagon idea that the Republican Party is selling about judges being responsible for stopping crime.   That makes for a strong and effective campaign message and all, but it is absolutely contrary to what a judge is supposed to do in his or her job description.  Judges are there to call balls and strikes like an umpire in a baseball game.  They aren't there to try to help push one side over the other.  Any judicial candidate that is embracing the idea that it is their job to "stop crime" is basically casting aside their neutrality in advance, and that's troubling to those who like our judges fair and neutral.

5.  The Republican Crime Message has absolutely been Effective.  Although I absolutely disagree and detest the message being sent out that a rise in crime is somehow the fault of Democratic judges, there is no denying that the message has been an effective one.  Harris County District Attorney Kim Ogg (who is noticeably not on the ballot this term) has spent thousands and thousands of dollars pumping money into CrimeStoppers so that her friend Andy Kahan could get out the message that a rise in crime isn't the fault of a weak D.A.'s Office, but the fault of judges.   I mean, gosh, if even a Democrat like Kim Ogg is saying that other Democrats are not safe for Harris County, then it must be true, right?  Mattress Mack is helping pay for commercials during every Astros playoff game and those commercials alternate between talking about how CrimeStopppers needs more money because Harris County is so unsafe and then accusing Lina Hidalgo of being a criminal. 

The Republican message is out there loudly and effectively and the local Democratic Party's response has paled in comparison.  The non-Presidential election years have historically been good for Republicans (with the exception of 2018 when the Beto vs. Cruz race brought the Dems to the polls in droves), and I expect that the margins will be far tighter this year.  I honestly have no prediction on how this year will turn out.  Nothing would surprise me.

Whatever your preferences are this election season, please make sure to vote.  Make sure to tell your friends and family your thoughts on the Criminal Justice System and the candidates on the ballot.  Tell them to get out there and vote, too.

The 2022 Primary Elections

It's hard to believe that we're already two weeks into February of 2022.  It seems like New Year's Day was last week.  I'm losing track of time, and the Early Voting is starting Monday, February 14th for the 2022 Primaries (with Election Day being Tuesday, March 1st).

The Republican Primary is a pretty easy write-up -- nothing is contested.  The GOP is in a rebuilding phase at the moment, and they consider it an accomplishment to have had a candidate running in all the positions.  As far as I can tell, most of them are pretty much running to see whether or not the tide has turned back to red in Harris County.  We'll see.  I think it will be closer this year than in years past, but I still think Harris County is firmly blue.  As always, I'll defer to my friend Charles Kuffner at Off the Kuff for a more adept analysis of the big picture.  If you aren't reading him, you should be.

The Democratic Primary is a different story, with a great many contested races.  So, I ticked off a bunch of my prosecutor friends with this post back in December, where I suggested that the number of prosecutors running against incumbent judges was tied to a threat 1st Assistant David Mitcham made about there being "consequences for not following Kim's vision."  A couple of those candidates reached out to me to let me know that wasn't the reason they were running and they weren't really excited that I had said as such.

All I can tell you is that I stand by the information that I've received that Ogg and her upper admin did encourage prosecutors to run.  The sources I received that information from haven't backed off that story and neither will I.  If you are running for reasons other than the Administration asked you to, then good for you.  If you are running because the Administration asked you to, that doesn't mean you're a bad candidate.  Take deep breaths, people.

Speaking of taking deep breaths, this write-up is a difficult one because I have so many freaking friends running against each other.  I've been doing this blog for 14 damn years now.  When I first started, doing recommendations was pretty easy because primaries were rarely contested, and the general election was a foregone conclusion.  Times have changed.

As I've said in the past, as much as I enjoy this blog (when I find time to write on it), it's not worth losing a friend over and I'm not going to talk crap about a candidate just because I'm better friends with the opponent.  There is still one person running around out there who decided to unfriend me on Facebook, and give me (and my poor wife!) the silent treatment because I failed to adequately disparage her opponent a few elections ago.   My response to that is I hope that the door didn't hit her in the ass on the way out.

So, yeah, this rundown is pretty much going to be boring for the most part.  I'm just sayin'.  These are the contested races:

183rd District Court -- Judge Chuck Silverman (I) vs. Gemayel Haynes

Four years ago, when Judge Silverman was running against then-incumbent Judge Vanessa Velasquez, I was pretty harsh on the blog about the fact that Judge Silverman's experience was primarily civil, as opposed to criminal.  Shortly after he won the election, I had to go through that awkward first appearance in front of someone I hadn't been exactly kind about.  To his utmost credit, Judge Silverman gave me some good-natured grief and then treated both me (and my clients) very kindly.  In his time on the bench, he has been attentive, compassionate and fair in all of my appearances in front of him, and I don't have anything negative to say about him.

Gemayel Haynes is someone that I consider a dear friend who I've known since he was a baby prosecutor.  We also used to be neighbors back in the old days!  I've watched him grow from the new guy on the block to a very vocal and dynamic leader in the criminal defense world, where he is respected as both a voice of reason and experience in a field of dynamic personalities.  He has experience as both a prosecutor and a defense attorney, which is a tremendous asset for a judicial candidate.  More importantly, he is a kind and compassionate man who lives and breathes criminal law and the justice that it demands.

184th District Court -- Judge Abigail Anastasio (I) vs. Katherine "Kat" Thomas

Judge Anastasio is another person who I've known since she was a baby prosecutor.  We even tried a case against each other years ago.  She is a personal friend and I've appeared before her in court on numerous occasions.  She takes her job very seriously and stays on top of her dockets while playing no favorites to either side.  In the cases where I have appeared before her, she holds the State to its burden of complying with Discovery in a quick and efficient manner, but she also expects the Defense to be ready and up to speed on the Discovery that they have already received.  She gives her full attention to the docket and I believe she has done a good job.

Katherine "Kat" Thomas is also a friend of mine and a prosecutor whom I've handled several cases against.  I also think the world of Kat.  She and I have handled extremely serious cases against each other with several of them involving fatalities.  She is smart, fair, and ethical on all fronts.  On multiple cases that I've handled with her, she has heard me out on all of my arguments and taken them seriously.  Even when we could not come to a resolution together on a case, I have always respected her integrity and ability to address my issues and concerns on some very emotional cases.  I think Kat would also make a fantastic judge.

185th District Court -- Judge Jason Luong (I) vs. Katie Ferrell vs. Andrea "Andy" Beall

Judge Jason Luong is (yet another) person that I've known since his time at the District Attorney's Office, and I've always liked him.  I was glad to see him elected to the 185th District Court four years ago, and I've enjoyed appearing before him during his first term in office.  Judge Luong has proven himself to be a compassionate and knowledgable judge during his time on the Bench.  I've had extremely serious cases in his court, and have been grateful that he was the judge that I was appearing in front of.  He takes his time with these cases and is open-minded to arguments from both sides.  He's done a great job on the bench.

Katie Ferrell is a former prosecutor and a highly respected defense attorney whom I've known for several years now.  I've tried cases with her, and I've sought her advice on issues surrounding DWI defense, where she has specialized training.  She's a veteran and single mom and a pretty damn impressive human being all around.  She's one of the bravest people I know when it comes to speaking her mind and standing up for what she believes in, and that makes her a great leader.  I have a lot of admiration for Katie and think she would also make a great judge.

Andy Beall is a current prosecutor and I have nothing negative to say about her or her ability to be a judge.  Although I'm closer to both Judge Luong and Katie Ferrell, I've never had a negative experience with Andy at all.  I haven't dealt with her on too many cases, but on those cases where I dealt with her, I found her to be pleasant and fair.  My only concerns regarding Andy are that I'm not entirely sure she's running in the right primary.  Her platform seems to be more Republican than Democrat (not that this is necessarily a bad thing).   Anyone who reads this blog or follows my posts on Twitter knows that I've got a big issue with the Republican Party scapegoating the judges on the "crime wave" that is happening all around the country, and Andy has jumped on that bandwagon.  

208th District Court -- Judge Greg Glass (I) vs. Kim McTorry vs. Beverly Armstrong

Judge Greg Glass has been around since I was a baby prosecutor, and nothing characterizes him more than the fact that he is a very nice man.  I never tried a case against him when I was a prosecutor and I've only had one or two cases in front of him since he's been on the bench, but it seems like I've known him since the day I started.  He is a friendly, kind man.  On those rare occasions where I did appear in front of him, he was polite, friendly, and attentive.  He took a lot of unwarranted negative press last year in the center of the Republican-led push to villify all of the sitting Democratic Judges, and he was treated ridiculously unfairly.  I felt bad for him, because I think Judge Glass has a good reputation as a fair, honest and considerate judge.  

I had one case against Kim McTorry when she was a prosecutor in child abuse.  If I recall correctly, neither of us stayed on the case very long -- she left the office for private practice and I got substituted out by a retained attorney.  For those few months where we were on the case, I enjoyed working with her.  She was on top of her case, complied with discovery quickly, and was very pleasant to work with.  Although we aren't super close, I consider Kim to be a friend and I think she would also make a good judge.

Beverly Armstrong is one of the few people in this entire post that I don't know at all.  That's partially my fault.  Polk County District Attorney Lee Hon reached out to me to make an introduction, and I failed to follow up with him.  Sorry about that Lee.  The schedule has just been crazy for the past several months, as evidenced by me writing this post at the last minute!  What Lee told me about Beverly is that she has been the First Assistant at the Polk County D.A.'s Office and before that was a Court Chief in Galveston County under Jack Roady.  Lee described her as funny, smart, even-tempered, and considerate.  He gives her the highest recommendation.  

228th District Court -- Judge Frank Aguilar (I) vs. Sam Milledge II

I've known Judge Frank Aguilar since he was a magistrate and I was the PC Chief at D.A. Intake around 2006-2007ish, and I've appeared before him on many occasions since he took the Bench after the 2018 election.  I've handled serious cases in front of him, and I've gone to trial on a very serious case in front of him.  I think he's a really great judge.  He's a very quiet man, and I've never socialized with him, but in my appearances in front of him, he is a neutral and fair man who carefully considers the evidence before him and makes decisive rulings without question.  He calls balls and strikes with impartiality and he gave me a fair trial.  He's worked with me on some unusually troublesome cases and I had enough confidence in his fairness to take a double fatality accident case to him on a Pre-Sentence Investigation Hearing (if you aren't a lawyer that's an example of having A LOT of faith in the judge to be fair to your client, just FYI).  He's a good man and a good judge and I'd try a case to him any day of the week.

Sam Milledge II is well-known and well-liked defense attorney who I have been friends with for several years now.  He is respected as a trial lawyer and someone who devotes his life to the Criminal Justice System.  I think highly of Sam, as well, and think he would make a good judge.  He would be fair minded and work toward making the Criminal Justice System a better place.

230th District Court -- Judge Chris Morton (I) vs. Joseph Sanchez

There is something about the 230th District Court that seems to draw my friends to run against each other for its bench.  Four years ago, it was my friend Judge Brad Hart running against my friend, (now) Judge Chris Morton.  This year, Judge Morton is defending his bench against my friend (and Assistant District Attorney) Joseph Sanchez.  The winner will face off against . . . . my friend, Brad Hart in November.

Judge Chris Morton is a good friend of mine, so saying a lot of nice things about him will probably make it weird the next time I see him.  But Judge Morton is a damn good judge.  He's an Army veteran, smart as a whip and he's brave enough to make a call that he deems to be the correct one -- even when he knows it may turn out to be an unpopular decision with the uninformed masses.  In my opinion, those two qualities, mixed in with a level of compassion, are what define a good judge.  During his time on the Bench, Judge Morton has exhibited all of these qualities and I admire him for that.  He deserves to be re-elected.

Joseph Sanchez is also a friend of mine, and I've dealt with him as a prosecutor on many cases over the past years.  I always enjoy working with Joseph on a case because he is candid, honest and has a great sense of humor.  If he were running in another race (like in 2024, hint hint), I'd gladly support him.  

248th District Court -- Judge Hilary Unger (I) vs. Linda Mazzagatti

Although some of these races are hard to make a call on, the race for the 248th District Court is pretty easy.

Judge Hilary Unger has spent her first term on the Bench defining herself as a problem solver who handles each case before her with the care and consideration that it deserves.  With her extensive experience in criminal law as a defense attorney, coupled with her experience in juvenile law and working in the family court, she has been uniquely qualified to be a judge.  Every time attorneys approach the Bench, Judge Unger takes the time to make sure she fully understands all aspects of the case before her.  She is thoughtful in her rulings and goes the extra mile to work on solutions to some of the trickier cases she presides over.  She has also established herself as a leader amongst the judges in tackling other issues facing the CJC world.  She is a hands-on leader who seeks input from both the Defense and the State in making the System better.

Linda Mazzagatti is a current prosecutor who used to be a defense attorney.  I never had a personal problem with Linda, and she's always been nice to me.  However, during her tenure as a defense attorney, she seemed pretty disorganized and I saw her flustering prosecutors with her needlessly abrasive approach.  I've never seen her in trial and she seems to be tucked away in the Office's General Litigation Division.  Her Facebook website seems to be touting the same anti-bond reform message that seems more appropriate for a Republican candidate than a Democratic one.  Personally, I think she lacks the experience to be a judge.

263rd District Court -- Judge Amy Martin (I) vs. Melissa Morris

I didn't know Judge Amy Martin before her run for the 263rd Bench in 2018, but over the course of her first year, I've had the opportunity to appear before her on many occasions on some very tough cases, and I'm a fan.  I think I actually was the first plea she took in her court, if my memory serves me correctly.  I've gone before her on some tough cases and she is definitely no pushover, but she has a tremendous amount of compassion for the people appearing before her as Defendants.  I've seen her take chances on some Defendants that others might not, and I've seen her lower the boom on others who didn't take those second chances seriously.  She cares about the cases before her and she takes her job extremely seriously.  She's also pretty damn smart, as it turns out. 

Melissa Morris is a respected defense attorney who I only know in passing.  She has always been nice to me, but I don't know much about her other than that, unfortunately.

482nd District Court -- Veronica Nelson vs. Alycia Harvey vs. Sherlene Cruz

The 482nd District Court is a newly established court and this is the first election held for its Bench, which is currently occupied by appointed Judge Maritza Antu.

Veronica Nelson is one of my very good friends (whether she will admit it or not).  I first met her years ago when we tried a case against each other in the 176th.  I only knew her in passing before that case, but I was impressed with the way she handled a tough set of facts and tried them skillfully.  She had a composure and knowledge that showed a confidence in her skills that not all prosecutors have at that level.  I respected the way she tried that case and we became friends (whether she will admit it or not) through that trial.  When she left the District Attorney's Office, she went on to become the Staff Attorney for the Harris County Criminal and Civil Courts at Law.

Alycia Harvey is also a friend of mine whom I like and admire.  Like Joseph Sanchez, if she were running in a different race, I'd be glad to support her (2024 is just around the corner . . . ).  She is a highly respected prosecutor who has been at the District Attorney's Office since my time there.  She's a chief in Major Offenders who is a pleasure to deal with and is reasonable on the toughest cases.  

I don't know Sherlene Cruz personally, but I do know that she is well respected by people whose opinions I value.  She works for the Harris County Public Defenders Office where she is regarded as a valued trial lawyer.  I wish I had more information about her to share, but unfortunately, I don't.

County Court at Law # 2 -- Judge Ronnisha Bowman (I) vs. Jannell Robles

Judge Ronnisha Bowman was elected in 2018 to the CCL # 2 bench.  I think I may have had one case in there at the very beginning of her tenure as judge, but I think it was dismissed and I never actually appeared in front of her.  I don't know much about her or how she runs her court to give an informed assessment of her as a judge.

Jannell Robles works for the Harris County Public Defenders Office.  When I wrote my original list of candidates, I mistakenly identified her as a prosecutor and ended up talking to her on the phone to apologize for my mistake.  I did not know her prior to my phone call, but she was very nice.  She has a definite vision for what she would like to do as a judge and I agreed with her ideas.  She is young and energetic.  In my opinion, she has the right ideas for someone running for judge.

County Court at Law # 3 -- Staci Biggar vs. Porscha Brown vs. Lorenzo Williams

There is no incumbent in the race for County Court at Law # 3, because Judge Erica Hughes (who won the Bench in 2018) went to work as a Federal Magistrate.  

Staci Biggar is an extremely highly respected former-prosecutor and defense attorney whom I've known since I first came to Harris County in 1999.  I am a tremendous fan of hers because during the entire time I've known her, Staci has always been the first person to volunteer when someone needs help.  She has devoted countless hours/days/weeks to helping out in Mental Health Court, Veterans' Court, and just regular Court.  She's a leader that other attorneys turn to when they need advice.  Years ago, when I was dealing with a mentally ill friend, I sought her advice, and she worked with me and my friend's family.  I will always be forever grateful for that.  She would be an amazing judge.  She is knowledgable, compassionate and kind.  I don't know why she hasn't run sooner.

Porscha Brown works for the Public Defenders' Office and I only met her fairly recently.  She seems extremely nice and I have no doubt that she would a qualified candidate.  I just don't know much about her.

I'm not sure if I've met Lorenzo Williams or not.  I apologize if I have and don't remember it.  I'm not entirely sure where he works, either.  His campaign website says that he worked at the District Attorney's Office but it isn't clear if that is where he presently works.  His State Bar profile seems to show that he's in private practice.  I'm not entirely sure what his credentials are.

County Court at Law # 5 -- Judge David Fleischer (I) vs. Carlos Aguayo

Judge David Fleischer is one of the nicest human beings in the Harris County Criminal Justice Center.  He and I have been friends for years and I was very supportive of his campaign four years ago.  After appearing in front of him numerous times over the past years, I am glad to see that support was well placed.  Judge Fleischer is a fantastic judge who brings a tremendous amount of compassion, kindness and intelligence to the cases that appear before him.  He's the embodiment of a person who is there to help and we need more people like him on the Bench.

I don't know prosecutor Carlos Aguayo on a personal level, but I've dealt with him on several different cases over the past year or so.  I don't have anything negative to say about him based on my own dealings.  There are some people, whose opinions I respect, however, that have let me know that they do have an issue with him and the way he has handled cases with them in trial.  Although those are not my personal experiences with him, I would probably vote for Judge Fleischer over any candidate that ran against him.  He's a great judge and deserves to be re-elected.

County Court at Law # 6 -- Judge Kelley Andrews (I) vs. Selena Alaniz

I've known Judge Kelley Andrews since she was a relatively new defense attorney and I've always been a big fan of her.  I knew she would make a great judge when she ran in 2018, and I'm glad to say that I was right about that.  It was no surprise to any of us who know Judge Andrews that she would run a good courtroom.  I haven't had any contested matters in front of her yet, but the reviews from others who have are positive.  Judge Andrews was always an unflappable defense attorney who cared about her clients, so it is no surprise to see that she has extended those traits to the Bench.  She's a good judge and deserves to be re-elected.

I also know Selena Alaniz and have nothing negative to say about her.  I worked with her through HCCLA when she did more work in Harris County, but her primary stomping grounds are in the Fort Bend Criminal Justice Center.  I like Selena a lot, and as I've said about several of the other candidates, I'd support her in a different race.  She's a very nice person and it's always nice to see her when I'm in Fort Bend.

County Court at Law # 7 -- Judge Andrew Wright (I) vs. Mauricio Vazquez

Judge Andrew Wright garnered a lot of attention early on in his judicial career when he took the highly unusual move of imposing sanctions on the Harris County District Attorney's Office for a failure to turn over exculpatory evidence.  It was deemed outrageous by the Office, who said that Judge Wright should have just granted a continuance rather than impose financial sanctions, but the message that the Judge was sending was a refreshing one.  Too often the failure to comply with the Michael Morton Act is just glossed over with a continuance rather than imposing a meaningful punishment.  It was refreshing to see a judge who took it for the egregious violation that it was and it signaled that Judge Wright was clearly marching to the beat of his own drum.  During his tenure, Judge Wright has been very clear that he has a direction he wants his court to follow and he intends to follow it, even if it makes others angry from time to time.  I admire that about him and think that's a good quality in a judge.  I wish more judges had the guts to truly hold the State accountable when they don't follow the law.

I don't know Mauricio Vazquez very well, although I had a case or two with him when he was still with the District Attorney's Office.  He's a very quiet guy, but he's nice.  I don't have anything negative to say about him, but my professional dealings with him were very limited.

County Court at Law # 8 -- Judge Franklin Bynum (I) vs. Erika Ramirez

I've often described my relationship with Judge Franklin Bynum as being akin to having a little brother.  I love him to death but we tended to bicker and fight a lot.  We've calmed down with the bickering as we've gotten older, and I find myself agreeing with him more often than not.  Like Judge Wright in Court # 7, Judge Bynum has no fear of ticking off the District Attorney's Office. . . or the police . . .  or me . . .  or anyone, for that matter.  He's an insanely intelligent student of the law who knows what he's talking about when he makes legal rulings.  During his first term in office, he correctly pointed out that the entire procedure that Harris County District Attorney's Office utilized in filing charges violated the Code of Criminal Procedure.  The D.A.'s Office was mildly nervous as Judge Bynum pointed out that perhaps literally all criminal charges should be thrown out for violating that procedure.  They've since painted a large target on his back as he continues to challenge the State and hold them accountable.  That's the job he's supposed to do and it's nice to see him having the courage to do it.

I'm also a huge fan of prosecutor Erika Ramirez.  I've dealt with her on many cases and she is always a pleasure to work with.  She takes her job seriously, but she is also compassionate on cases where compassion is called for.  She has always been very dilligent in turning over discovery and listening to anything the defense has to offer.  I think Erika would also make a fantastic judge.  This is another tough race for me to decide who I am voting for.

County Court at Law # 10 -- Thuy Le vs. Juanita Jackson

Like County Court at Law #3, there is no incumbent in this race.  Judge Lee Harper Wilson is not running for re-election after a tumultuous term on the bench.  Like several of these races, I'm friends with both candidates and I'm having a tough time deciding who I'm voting for.

I've known Juanita since I first started at the Office back in 1999 and she has always been very nice to me.  She is an Old School lawyer who isn't afraid to go to trial.  She definitely has the experience and knowledge to be a good judge.

I'm also a big fan of Thuy Le, who I've known since she was a baby prosecutor.  She is an extremely smart lawyer who has nerves of steel that I admire.  After leaving prosecution, she became a very prominent member of the Harris County Criminal Lawyers' Association where she served as Vice President and also won the the Sharon Levine Unsung Hero Award (which is a tremendous honor).  She also pursued disciplinary action against Judge Wilson for the above mentioned tumultuous behavior and then challenged him by declaring she was running against him (prior to him announcing he wasn't going to run).  Thuy Le is somebody I admire a lot and think would make a great judge.

County Court at Law # 14 -- Judge David Singer (I) vs. Je'Rell Rogers

Judge David Singer is one of the few (if not the only) incumbent Judges on this list that I haven't appeared before since taking he took the Bench following the 2018 election, so I don't have any personal experience to share about him as a judge.   Prior to taking the Bench, he used to comment from time to time on the blog when he disagreed with something I wrote, and I recall in a previous assessment of him, thinking that he had a relatively short temper.  I haven't heard any complaints about his temper, or anything else for that matter, during his tenure on the Bench.  He seems to be doing his job without angering either the State or the Defense, to my knowledge.  That's a good thing.

His opponent is Assistant District Attorney Je'Rell Rogers.  Je'Rell and I are friends who will forever be professionally linked through the greatest case of our respective careers:  the alleged theft of an adult-sized polar bear costume.

Dubbed the "Trial of the Century" by nobody, it was a test of wills and brinksmanship reminiscent of the Cuban Missile Crisis that ended with a dismissal on trial date, after a mental chess match that had stretched out over months.  As any trial lawyer will tell you, you pour your heart and soul into cases like these and Je'Rell's previous experience as a back up mascot for Notre Dame made this fight personal.  

I've worked with Je'Rell on a couple of other, lesser cases, too, and I've always appreciated the way he handles his job as a prosecutor.  He is open-minded, fair, honest, and willing to concede points when negotiating a case.  I think highly of him as both a prosecutor and a friend.  I think he would make a great judge.

District Clerk -- Marilyn Burgess (I) vs. Desiree Broadnax

Although not a judicial race, of equal importance to those of us who practice in CJC is the race for District Clerk.  The role of District Clerk is critical to everyone involved in the practice of law and with the centerpiece of that is the running of the District Clerk's website.  Everything from running a Defendant's record, to filling out plea paperwork requires an efficient and running website. 

District Clerk Marilyn Burgess came in with the Democratic sweep of 2018, replacing Chris Daniel in the position.  Under Daniel, the website had a couple of minor problems that Burgess has somehow managed to exponentially exacerbate.  During her tenure as District Clerk, she seems to be much more focused on making promotional videos (featuring herself) and redesigning her website (with more pictures of herself) than making sure that the website is actually running.  It is a ridiculously common occurence under the Burgess Administration for the website to crash completely in the middle of morning dockets, bringing court proceedings to a standstill.  I cannot stress enough what an absurdity this website has become.  It is a running joke in the legal community that nobody is laughing at.  She is simply not good at her job.

Her challenger, Desiree Broadnax, has been running the District Attorney's Office Intake Division as the Division Manager, since my time at the Office.  Having worked with Desiree, I am a firm believer in her efficiency and ability to take charge and organize the District Clerk's Office.  She understands the demanding and hectic nature of the justice system and she has the experience to manage it.  She isn't a politician -- she's simply someone who can get things done.  She would do a far better job than Burgess has done over the past years.

So, there you have it.  All comments, questions, and criticisms are welcome in the comments section.  

Boss Ogg's Slate

 

In a meeting with the judges a year or so ago, Harris County District Attorney's Office First Assistant David Mitcham expressed his frustration with the judges and bond reform, giving them a warning that those who didn't share District Attorney Kim Ogg's "vision" would face "consequences."   Those who were present for the meeting (at least the ones that I spoke with) indicated that the implication was that the Office intended to field candidates to run against those judges who weren't bending to the District Attorney's will.  At least, that's how they interpreted Mitcham's words.

Now that the filing deadline has passed, it is abundantly clear that Mitcham's veiled threat was not an empty one as a significant number almost every of judicial races now has a prosecutorial candidate running as either a Democrat or Republican.  Some are great candidates.  Others . . . not so much.  A few are royal disasters, but we will talk about that more in-depth in a future post.

I thought it was interesting to see that the Republicans filled out an entire slate (as opposed to the past election or so).  Perhaps with Donald Trump out of the White House, they assume the Party will be more palatable.  The gubernatorial battle has never been one that generated tremendous turnout in Texas, and the battle of Abbott vs. O'Rourke probably won't be anywhere near as exciting as when O'Rourke ran against Ted Cruz four years ago.  They must have dug deep to find some of these candidates, however.  There are quite a few of them that I've never heard of (which is unusual).

Not to mention that Republican Candidates (with hefty donations from some big names affiliated with CrimeStoppers) have been doing a fantastic (and highly misleading) job of pointing out that this current crop of Democratic Judges are just a clear and present danger to world peace since they follow the Constitution and set bonds for criminals.   Ogg and her PR machine have been giving a lot of oxygen to those misleading allegations to the degree that one would be pretty hard-pressed to argue that Ogg is really anything other than a Democrat in Name Only.

So, without further ado, here are the candidates for the Criminal Judicial Races on the ballot in November 2022.  

(NOTE:  This list is based on looking at the Secretary of State website, the Harris County Democratic Party website, and the Harris County Republican Party website, as well as personal knowledge.  If there are any additions, deletions or modifications, please let me know.)

180th District Court

DEM:

    Judge DaSean Jones (Incumbent)

REP:

    Tami C. Pierce

182nd District Court

DEM:

    Judge Danny Lacayo (Incumbent)

REP:

    Robert H. Jackson (an Investigator for the District Attorney's Office)

183rd District Court

DEM:

    Judge Chuck Silverman (Incumbent)

    Gemayel Haynes

REP:

    Kristin Guiney (former Judge)

184th District Court

DEM:  

    Judge Abigail Anastasio (Incumbent)

    Katherine "Kat" Thomas (Prosecutor)

REP:

    Lori DeAngelo

185th District Court

DEM:

    Judge Jason Luong (Incumbent)

    Katie Ferrell 

    Andrea "Andy" Beall (Prosecutor)

REP:

    Chris Carmona

208th District Court

DEM:

    Judge Greg Glass (Incumbent)

    Beverly Armstrong

    Kim McTorry

REP:

    Heather Hudson (Prosecutor)

209th District Court

DEM:

    Judge Brian Warren (Incumbent)

REP:

    Kevin Fulton

228th District Court

DEM:

    Judge Frank Aguillar (Incumbent)

    Sam Milledge, II

REP:

    Andy Taylor

230th District Court

DEM:

    Judge Chris Morton (Incumbent)

    Joseph Sanchez (Prosecutor)

REP:

    Brad Hart (former Judge)

232nd District Court

DEM:

    Judge Josh Hill (Incumbent)

REP:

    Joshua Normand

248th District Court

DEM:

    Judge Hilary Unger (Incumbent)

    Linda Mazzagatti (Prosecutor)

REP:

    Julian Ramirez

262nd District Court

DEM:  

    Judge Lori Gray (Incumbent)

REP:

    Tonya McLaughlin

263rd District Court

DEM:

    Judge Amy Martin (Incumbent)

    Melissa Morris

REP:

    Amber Cox (Prosecutor)

482nd District Court

DEM:

    Veronica Nelson

    Alycia Harvey (Prosecutor)

    Sherlene Cruz

REP:

    Judge Maritza Antu (technically not an incumbent since she was appointed to the Bench)

County Court at Law # 1

DEM:

    Judge Alex Salgado (Incumbent)

REP:

    Nathan Moss (Prosecutor)

County Court at Law # 2

DEM:

    Judge Ronnisha Bowman (Incumbent)    

    Janell Robles 

REP:

    Paula Goodhart (former Judge)

County Court at Law # 3

DEM:  No Incumbent -- Judge Erika Hughes took a Federal appointment earlier this year

    Staci Biggar

    Porscha Brown

    Lorenzo Williams

REP:

    Leslie Johnson

County Court at Law # 4

DEM:

    Judge Shannon Baldwin (Incumbent)

REP:

    Zachary Gibson (Prosecutor)

County Court at Law # 5

DEM:

    Judge David Fleicher (Incumbent)

    Carlos Aguayo (Prosecutor)

REP:

    Elizabeth Buss (Prosecutor)

County Court at Law # 6

DEM:

    Judge Kelley Andrews (Incumbent)

    Selina Alaniz

REP:

    Mark Montgomery

County Court at Law # 7

DEM:

    Judge Andrew Wright (Incumbent)

    Mauricio Vazquez 

REP:

    Mike Monks

County Court at Law # 8

DEM:

    Judge Franklin Bynum (Incumbent)

    Erika Ramirez (Prosecutor)

REP:

    Mark Goldberg (Prosecutor.  Sort of.  Really more of Ogg's PR guy who sometimes moonlights as a prosecutor in an actual court)

County Court at Law # 9

DEM:

    Judge Toria Finch (Incumbent)

REP:

    Sartaj Bal

County Court at Law # 10

DEM:  No Incumbent --  Judge Lee Harper Wilson did not seek re-election.

    Juanita Jackson

    Thuy Le

REP:

    Dan Spjut (former Judge)

County Court at Law # 11

DEM:

    Judge Sedrick Walker (Incumbent)

REP:

    Dan Simons

County Court at Law # 12

DEM:

    Judge Genesis Draper (Incumbent)

REP:

    Matt Dexter

County Court at Law # 13

DEM:

    Judge Raul Rodriguez (Incumbent)

REP:

    Lance Long

County Court at Law # 14

DEM:

    Judge David Singer (Incumbent)

    Je'Rell Rogers (Prosecutor)

REP:

    Jessica Needham Padilla

County Court at Law # 15

DEM:

    Judge Tonya Jones (Incumbent)

REP:

    Xavier Alfaro

313th District Court (Juvenile)

DEM:

    Judge Natalia Oakes (Incumbent)

    Glenda Duru

REP:

    Julie A. Ketterman

    Rachel Leal-Hudson

314th District Court (Juvenile)

DEM:

    Judge Michelle Moore (Incumbent)

REP:

    Cindy Hide

315th District Court (Juvenile)

DEM:

    Judge Leah Shapiro (Incumbent)

    Iesha Champs

REP:

    Marie Valeria Brock