Fun with Kimbra (and the Hoopers)

Man, it has been a crazy day.  Where to begin?  I think I'll start with a certain tweet that I got mentioned in on Twitter (or X, or whatever they are calling it these days) by a certain disgruntled ex-District Attorney.

Now, before I give the backstory on this Tweet, I would like to be very clear that I found it to be absolutely hilarious.  I am keenly aware of how much I piss off certain people online and I have a pretty thick skin when it comes to the responses to things I say.  Kim calling me a cockroach, although not very inventive, was more than fair game.

That being said, in the space of one Tweet, our former District Attorney not only calls for my death, but, as per usual, she's trying to outsource the dirty work.

Do I think she was serious?  No.

Do I think she would be sad if I died?  Also no.

Do I think I would have had a bunch of cops at my door if I had posted anything remotely resembling a tweet like this about her? 100%

But there is a big difference between me and Kim.  The most profound one being that I'm not stupid.  I don't wish death on anyone and even if I did, I wouldn't put it in a tweet.  I don't care how frustrated I was with the person.  There are too many unstable people out there already to make pretending to be one of them seem like a good idea.  

The next difference between me and Kimbra is that I wouldn't try to waste the legal system's time and resources to help me satisfy a personal grudge.  It was suggested to me that I should file a police report.  That's not really my style.  Instead, I just responded to her tweet as follows:

Do I think that I'm funny?  Well, obviously.

But going back to that whole "not wasting legal system's time and resources to help me satisfy a personal grudge" thing, I think it is worth noting my original post that got Kim so riled up.   

Backstory time.

So, as many of you may remember during the Ogg Administration, Kim led a highly publicized "investigation" into Harris County Judge Lina Hidalgo.  Although charges were never brought against Hidalgo, three staffers were ultimately charged with felonies.  Two of those staffers had their cases dismissed outright once the case was taken over by the Texas Attorney General's Office, and the third completed a very brief pre-trial diversion.   When all was said and done, Kim's "investigation" into Hidalgo cost Harris County hundreds of thousands of dollars (if not more).

The recipient of lots of those thousands and thousands of dollar was none other than Kim's close personal friend and former-5th Amendment-invoking-prosecutor, Rachel Palmer Hooper, who had gone onto bigger and better things working for a big law firm and serving as General Counsel to the Texas GOP.  In her spare time, she was known for running the criminal history of black people she saw voting and other fun Right Wing activities.  Kim hired Rachel as a "special prosecutor" to investigate Hidalgo, but she did everything in her power to keep that a secret from the general public.  Since Kim was a Democrat trying to take out another Democrat, it wasn't a good idea to be using office funds to hire the general counsel for the Republicans to do the dirty work.   The story didn't end well for Kimbra.

Although Rachel blocks me on Twitter because I keep pointing out to the general public that I really don't feel that she is being the best version of herself that she can be, she has been very vocal lately.  That's probably because her beloved husband, Donald P. Hooper, is running to be the Party Chair for GOP in Harris County.  

Now, those of you who have followed this blog for a long time know that the Donner and I have a special relationship.  It's very much a love/hate relationship in the sense that he hates me and I love how much he hates me.  He would probably be very surprised to know that I think he would be perfect for the job of Harris County GOP Chair.  That's not a compliment.  It's just a testament to how badly the GOP has deteriorated.  If you are looking for a homophobic, shit talking, semi-literate, nimwit, Don is definitely the candidate for you.

But I digress . . . 

So, anyway, several days ago, Rachel posted on Twitter that she believed U.S. Senator John Cornyn needed to be investigated for something or other involving Senate Candidate Wesley Hunt's personal information.  Her solution to the problem?  They should just appoint Kim Ogg as the new, permanent U.S. Attorney for the Southern District of Texas.

Now, I'm not entirely sure who the "Marxist DA" is that Rachel is referencing in this post, but I did find her advocating for Kim to be as predictable as it was shameless.  And I said so.

Little did I know that it would cause Kimbra's mind to turn to MURDER!

Obviously I don't feel particularly at risk after Kim's solicitation of murder upon me, but in all seriousness, what the hell?  

Kim Ogg is a vindictive child with the temperament of a slow-witted rattlesnake.  She abused her power as Harris County District Attorney and she doubtlessly would do so again if (God forbid) she were to become the U.S. Attorney for the Southern District.  She's as stupid as she is ruthless, and that's saying something.  

Regardless of whether or not her tweet was meant to be taken seriously, she has demonstrated yet again that she is not fit to hold public office.

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.  

The 2026 Primary Recommendations

Tuesday, February 17th is the beginning of Early Voting in Texas for the March 3rd Primaries.

In the Republican Primary, there are not any judicial races that are contested at the District or County Courts, so there isn't much to write about there.  I will note that in the Texas Attorney General's Race that former-District Court Judge and current State Senator Joan Huffman is running against three other candidates.  I'm not a huge fan of Joan Huffman, but in a field where the other three candidates seem to be running on the platform of who can suck up to Donald Trump the most effectively rather actually following the job description of Attorney General, she seems to be the better choice.

There are not an overabundance of contested primaries on the Democratic side of things that affect the Harris County Criminal Justice Center world, but there are some extremely important ones that deserve your attention.  I have been very glad to see that a lot of my colleagues have already shared their recommendations on Facebook and other social media.  I hope that you will help spread the word on these recommendations, as well.  I also agree with the Houston Chronicle's recommendations in these races.

Those contested races are:

183rd District Court -- Katie Wilson vs. Julia Maldonado

As anyone who follows this blog knows, I'm a big fan of criminal benches being held by people with experience in the Criminal Justice World.  As far as I'm concerned, the more familiarity with criminal law one has, the more qualified they are.  In this instance, Julia Maldonado does have some familiarity with criminal law from earlier in her practice, but she's been away from it for quite some time.  Maldonado was actually a family court judge for quite some time and now her practice seems to focused on family law, as well.

By contrast, Katie Wilson is immersed in the practice of criminal law and always has been.  Her resume shows that she is a former prosecutor and has been practicing criminal defense for many years now.  Not only does her devotion to criminal law make her the more qualified candidate for this primary, the fact that she has worked as both a prosecutor and a defense attorney give her the balance that we hope to see on all criminal benches.  

Although I don't have anything negative to say about Julia Maldonado, the clear choice on this is Katie Wilson.

Recommendation:  Katie Wilson

209th District Court -- Judge Brian Warren (I) vs. Robert Johnson vs. Ysidra "Sissy" Kyles

There has been a lot of courthouse conversation about this particular race due to the fact that Incumbent Judge Brian Warren is so well-liked and respected by both prosecutors and defense attorneys that it defies logic that he would draw any opponents, let alone two of them.  Judge Warren has distinguished himself as a judge who calls balls and strikes with impartiality, compassion, and adherence to the law.  In a world where lawyers tend to gripe about judges, you don't hear criticisms of Judge Warren.  No one who practices in the CJC can articulate any reason why they wouldn't want to see him continuing as Judge of the 209th.

By contrast, his first challenger, Robert Johnson, was widely regarded as the second worst judge in the courthouse during his all-too-lengthy tenure as Judge of the 177th.  The actual worst judge was Ramona Franklin, but we will talk about her a little later,.  During his time on the bench, Robert Johnson was known for a lack of knowledge in the law, inconsistency in his rulings and policies, and a level of animosity towards those who came before him.  In short, he was a terror on the bench.  He had high turnover rates in his court staff and it was generally just an unpleasant place to be.  Most attorneys that I know who practice indigent defense, refused to take appointments in his court based on his terrible demeanor.  The fact that he feels the need to run for judge again after being rejected by the voters in the last election speaks only to his unmitigated arrogance.  He does not belong on the bench.

I do not know Sissy Kyles personally, but I do believe that she practices criminal defense.  I don't have anything negative to say about her.  My recommendation of Judge Brian Warren is based on the positive things I believe about him.  He's been great on the bench and I believe he will continue to be great on the bench.

Recommendation:  Judge Brian Warren

232nd District Court -- Judge Josh Hill (I) vs. Roderick Deon Rodgers

Like the race for the 209th, the fact that the 232nd is a contested primary is also confusing for those of us routinely practice in the criminal courts.  Judge Josh Hill is also a highly respected and well-liked judge that both sides of the courtroom feel very strongly about.  He is Board Certified in Criminal Law and does his own legal research on complex legal issues that come before him.  He is not afraid of making unpopular decisions if the law demands it, but he is also a kind and compassionate judge.  Those who practice in front of him enjoy being in his courtroom because they know that he works hard to make sure that the right and just outcome happens on all cases before him.

His challenger, Roderick Deon Rodgers, is a prosecutor from Fort Bend who is married to former judge Ramona Franklin.  Normally, I don't believe in guilt by association, but in this case, I will make an exception.  Although I'm going to discuss Ramona Franklin's candidacy here in a second, it is worth noting Rodgers' suspected involvement in the "Federal Judgeship Hoax" that went on following his wife's primary defeat in 2024.  For more on that, please read the Houston Chronicle's Nicole Hensley's outstanding article here.  If one were to give Mr. Rodgers the benefit of the doubt and presume he didn't have any role in that ridiculous scam, he still does not hold a candle (inside joke here) to Judge Josh Hill in terms of qualifications.

Recommendation:  Judge Josh Hill

496th District Court -- Michael Abner vs. Ramona Franklin

Perhaps the nicest thing that can be said about former 338th District Court Judge Ramona Franklin is that she makes Robert Johnson seem slightly less bad.  That's not really a complement to Robert Johnson as much as it is a testament to what a terrible judge Ramona Franklin was.  Again, I highly recommend that anyone who is even slightly on the fence about who to vote for in this race, PLEASE PLEASE PLEASE read Nicole Hensley's article.  I'll even post another link to it here, because it is so important.  You can also go back and read this post that I did on one of her many violations of Constitutional Rights during the pandemic.

Franklin's tenure during her time on the bench can best be described as "if you don't understand the Constitution, then screw over the accused."  Her rulings included such hits as preventing lawyers from being in court alongside their clients, banning media coverage in her court, raising bonds for no reason other than she felt like it for people already out on bond, and finding no harm in an attorney failing to do an appeal for a convicted client where the attorney had a duty to do so.  During the pandemic, there were rumors (never confirmed) that she wasn't even in the courthouse when presiding over docket (although she claimed to be Zooming in from her chambers).  Franklin and her husband have a side business of making candles.  They should both stick to that rather than being in charge of safety of the community and the rights of those who come before them.

By contrast, Franklin's opponent, Michael Abner is a very well-liked prosecutor with the Harris County District Attorney's Office.  I have known Michael since he first started at the Office and have always found him to be a fair and honorable prosecutor.  He is compassionate when he is able to be on the cases that he has prosecuted and he has always been willing to patiently listen to and review any type of evidence or argument coming from the defense.  I believe that he would make a great judge regardless of who he was running against, but in this instance, recommending him is a No Brainer.

Recommendation:  Michael Abner

County Court at Law # 7 - Judge Andrew Wright (I) vs. Rustin Foroutan vs. Jorge Garcia Diaz

I found the write up in the Houston Chronicle endorsement of Judge Andrew Wright to be eerily similar to my feelings about this particular race.  Judge Wright is a friend of mine and he's a good person.  But the Chronicle indicated that they believe his personality is what caused him to draw two primary opponents in this race, and I kind of get where they are coming from.  Judge Wright has proven himself to be a very independent thinker on the bench and that is a positive quality.  Early on in his career, he held prosecutors in contempt for failing to turn over discovery in a timely manner which was a bold and long overdue move at the time.  But there have also been complaints over his rigidity in his policies that have seemed so unnecessary to many of us and he hasn't always been receptive to listening to arguments against those policies.  It makes me sad, because (1) he's my friend; and (2) because I know he has the intellect and intestinal fortitude to be better than that.

I don't know Mr. Foroutan personally and I only know Mr. Diaz in passing.  I have nothing negative to say about them at all.  I do still believe that Judge Wright is a compassionate and intelligent judge who does a good job and I will be voting for him (although he will probably be unhappy with me for this blog post).

Recommendation:  Andrew Wright

County Court at Law # 14 - James Hu vs. Yahaira Quezada

This is a strange one for me, because I literally do not know either candidate at all.  I read the Chronicle's endorsement of James Hu, who is a Harris County Assistant District Attorney and I found their reasoning solid.  But, I think Ms. Quezada's qualifications are also solid and her background is impressive.  

However, due to my lack of familiarity with both candidates, I don't feel comfortable making a recommendation on this race.  They both seem like good candidates.

315th District Court -- Judge Leah Shapiro (I) vs. Gloria Sanchez Glover

As I've noted before, I don't practice much Juvenile Law.  Quite frankly, the only candidate that I know in the Juvenile Justice World is Incumbent Judge Leah Shapiro.

But, I would vote for Judge Shapiro for any bench she chose to run for because she is so strongly qualified to be a judge.  I've known her since she was a young prosecutor at the District Attorney's Office and I have always admired her devotion to the pursuit of justice.  The few times I have had dealings with her on a professional level since she became a judge have been on Juvenile Certifications that ended up being my clients.  It has always amazed me that Judge Shapiro can recall everything about those cases when we have had the occasion to discuss them after they are long disposed of.  That's a strong indicator of how much Judge Shapiro cares about the cases she handles.  She is no nonsense and follows the law in a very tough arena.    

I don't know anything about her opposition, but I can't imagine anyone being better at the job than Judge Leah Shapiro.

Recommendation:  Judge Leah Shapiro

And finally . . . 

Harris County District Clerk:  Desiree Broadnax

My friend for over twenty years (and one of the best people I know), Desiree Broadnax is running in a very wide field for Harris County District Clerk.  When I was a prosecutor, Desiree ran the intake division like a champ.  She has the knowledge of the inner working of the District Clerk's Office and would be a great District Clerk.

Chief Justice, 14th Court of Appeals:  Sara Beth Landau

Former Justice Sarah Beth "Sorcha" Landau is running for this bench.  I don't do appellate work but I am familiar with rulings she made during her previous tenure on the Court of Appeals.  I recommend a vote for her.

Justice, 14th Court of Appeals - Place 7:  William Demond

Although I only know William Demond in passing, I am familiar with his work as an appellate attorney in the criminal law arena.  I believe that his qualifications will be very much put to good use and are needed at the 14th Court of Appeals.

So, that's a wrap on this year's primary recommendations.  Please feel free to share this list (or any other list that you agree with) with friends and family members.  I don't have to tell you that the general public has a lack of familiarity with what we do down at the CJC so the more people are informed, the better.

Whatever you do, just make sure to vote!

The Best Worst Dog

 On March 1, 2013, I was living in the 5th Ward in a townhouse with my (current) wife who was in her first trimester of pregnancy (and having a terrible time with morning sickness), a 7-year-old who split time with me and his mom, and zero dogs.  

Having zero dogs was by design for several reasons.  I had lost the world's greatest dog, Marley, the year before and that had wrecked me.  Having a dog in a townhouse with no yard was also not ideal.  I had also just started working on Cold Justice and was traveling out of state all that summer.

As a huge dog lover, I was feeling pretty comfortable without one for the first time in my life.

That March morning, Luke had spent the night at my house in the 5th Ward and I had dropped him off at Garden Oaks Elementary School before coming back to Downtown to the CJC.  I was exiting the McKee exit off of I-10 when I saw a small black dog running back and forth across the two lane exit.  At the time, he seemed to have a life expectancy of about ten more seconds, and I just didn't have the stomach or conscience to let that happen.  I pulled over and got out as other cars whizzed past me and the dumb dog.

He had a leash on, and presumably an owner.  After knowing the dog a few days, I became convinced (and always remained convinced) that someone lost their patience with him and just threw him out the window, leash and all.  He started to run from me at first, but I stomped on the leash and was able to snag him and throw him into my 4-Runner, just as a damn METRO bus whisked by us without so much as tapping the brakes.

As I pulled back onto the road, I swear the dog looked at me and put his paw on my shoulder.  That sounds like bullshit, I know, but it actually happened.  I drove him home and told my wife that we had a visitor.

We tried to find his owner.  I posted on every lost and found page I could think of and even did a blog post on him.  I debated over calling him Keith Richards (mainly because I just always wanted to name a dog after Keith Richards), but ultimately we went with Buddy Holly.  In retrospect, his absolute devotion to doing whatever the hell he wanted to do would have made Keith the more appropriate choice.

This dog was the worst.  I mean, the absolute worst.  The vet estimated his age at four years old in 2013, and we couldn't tell if he had been an indoor or outdoor dog with his previous owner.  He peed all over the hardwood floors of my townhouse.  He screamed at the top of his lungs if we tried to put him in a kennel.  We tried putting a pallet in the bathroom and closing the door, but he leapt onto the door and pulled down the handle after scratching through all of the paint on the door.  He refused to go to the bathroom on the small patio attached to our townhouse, and had to be walked multiple times a day if we wanted to save our floors.  

But man, that dog sure did seem to love us.  

We realized pretty quickly that nobody else was coming for Buddy Holly, and he made himself at home.  That summer was a big one.  Not only was Emily pregnant with Smith, I got diagnosed with leukemia and had to go through a little bit of chemotherapy.  Luke was at the townhouse a lot.  And Buddy suddenly became Mr. Popularity.

When my youngest, Smith, was born in October, however, Buddy was ecstatic.  He rarely left his new friend's side.

It didn't change the fact that Buddy remained absolutely devoted to following no rules that were expected of him.  The following Spring, we moved out of the townhouse into a little house in Oak Forest.  Buddy continued his love of peeing on hardwood floors, but his new hobby was destroying the mail whenever the postman dropped it through the mail slot in the wall.  He shredded bills, birthday cards, and magazines better than most industrial shredders.  Because the dog had a vertical leap of almost five feet, he also discovered that he had no problem leaping onto kitchen counters to get food.

We ultimately sealed the mail slot and got an outside mailbox and we installed doggie doors since he had no interest in waiting to be let out to go to the bathroom.  Even after the doggie doors were installed, he still loved a good poop inside, standing right in front of them.  He would also flip out any time we left the house.

But he was growing up right alongside my kids, and I loved watching that.

About nine years ago, we took in another foster named Lady, who had been out on the streets for most of her life.  She was as sweet as she could be, but deathly afraid of thunder and lightning.  After a few months together, Buddy decided that he, too, needed to be afraid of thunder and lightning.  He had never been scared before, but since Lady was a bigger dog and it scared her, it stood to reason that he should probably be terrified of it, as well.  

So for the past nine years, whenever there was a thunderstorm at night, I would usually wake up to find Buddy sitting on my head like a chicken would sit on an egg, and shaking like a leaf.  

He was also an escape artist who had absolutely no problem slipping out the front door without being seen.

On more than a few occasions, we would get knocks on our door from neighbors who had rounded Buddy up when we didn't even know he was gone.

Last year, Buddy got diagnosed with a heart murmur and the vet told us that there was no telling how long he would live.  He developed a cough that got progressively worse and worse, but he was still a happy dog.  He couldn't stand to be left alone, and good God, the dog never lost his appetite.  We moved to a new house last fall and unlike our other home, it was two stories.  We couldn't keep him from following us around up and down the stairs, even though it seemed to exhaust him each trip.

By our calculations, he was 17 years old, although a new vet that we took him to estimated him to be closer to 20.  He had more health issues and we had to keep him in a diaper.  He loved nothing more than wriggling out of it for a nice pee on the hardwoods, even though the doggie door was right next to him.  His bad habits never left.  But neither did his love for his family.

This morning, Buddy clearly let us know it was time to let him go.  I took him to the wonderful people at Veterinary Emergency Group (which coincidentally was only a few exits down I-10 from where I first found him) and held him as he peacefully said goodbye.

When I got home, we sat around and talked about him all afternoon.  My youngest speculated about what his life was like before he came into ours and who his previous owner was.

I don't know the answer to that, but I do know that they missed out on the best worst dog a family could ever have.

  

Earl Musick

 I was in trial today when I heard the very sad news that former-HCCLA President and former-HCDA President Earl Musick passed away earlier this morning.

Earl had been in my starting class at when I joined the Office in 1999.  He and I, along with John Jordan, Bill Exley, Peter DeLeef, Adam Brown, and Robert Summerlin, were all assigned to the Justice of the Peace Division under Brad Hart.  Back then, we weren't in the main office at 201 Fannin because there wasn't room for us.  It didn't really matter because the seven of us were dispatched to the 16 different JP courts across the county on a daily basis.  We didn't spend a lot of time in the actual office.

We all got to be extremely close friends during the Fall of 1999, largely because we were a group of newly minted lawyers that had very little idea of what we were doing.  The Justice of the Peace Division was the perfect place for us. 

But unlike everyone else in the group, being a prosecutor was a second career for Earl.  He had been a career Houston Police Officer who had retired as (if I recall correctly) a lieutenant.  Earl had also been a liason to the District Attorney's Office in 1980s and he knew all of the senior prosecutors.  He and his daughter JoAnne had gone to law school together and in 1999, both worked for HCDA.

Earl was significantly older than everyone else in our starting group, but he was probably younger at heart than any of us.  Okay, well maybe DeLeef might have given a run for his money, but for a guy who was retirement age, Earl was a lot of fun to work with.  He was very big into promoting the camaraderie amongst the seven of us, often organizing happy hours after JP dockets and trips to the Astros games.  We were isolated out there in Justice of the Peace world, so we didn't really know many of our fellow prosecutors quite yet.

Earl loved being a prosecutor and he loved hanging out with us guys.  He called our group the Magnificent Seven.  After we left the JP Bureau and all got a couple of losses under our belts in the County Courts, we modified the nickname just The Seven.  We weren't exactly fan favorites with the rest of our prosecutorial peers, but we got a kick out of the bond we had with each other.

Earl would leave the D.A.'s Office before I did, and we butted heads a few times when I was still a prosecutor and he was a defense attorney.  But he never seemed to take it personally.  I served on the Board of HCCLA when he was President, and he couldn't have been kinder or more welcoming.

One of the things I miss most about my days as a prosecutor was the camaraderie that I felt with my fellow prosecutors.  That was something that I have to give all the credit to Big Earl for establishing and maintaining back when we were Baby Prosecutors.  He made being a prosecutor fun and for that I am forever grateful.

He was a good man and definitely someone who made being a part of the D.A.'s Office feel like being a part of a family.

Me, Bill Exley, District Attorney Johnny Holmes, Adam Brown, Robert Summerlin,

John Jordan, Peter DeLeef & Big Earl Musick.

Rest in Peace, Big Earl.  You will definitely be missed.

The 2026 Election Field

I don't get around to blogging much anymore, but several people have asked me this week to publish a comprehensive list of who all is running in the 2026 Election for positions in the CJC.  Here's my best shot at a comprehensive list, based on the information available from the Harris County Republican and Democratic Party websites.  Please let me know if there are any errors.

Except in some extreme circumstances, I'm not making commentary on the races right now.  I'll write something about the contested primaries as they get closer.

NOTE:  I'm not sure if the term "incumbent" technically applies to a candidate who is appointed to a bench or not, so I use the notation of "(I)" to refer to the candidate currently occupying the bench.  

180th DISTRICT COURT

• DEMOCRAT-Allison Jackson-Mathis & Stephanie Morales.  Allison and Stephanie are both criminal defense attorneys who practice in Harris County.
• REPUBLICAN-Judge Tami Pierce (I).  Judge Pierce was appointed to the bench by Governor Abbott when Judge DaSean Jones stepped down to enter private practice.

182nd DISTRICT COURT

• DEMOCRAT-Judge Danny Lacayo (I) 
• REPUBLICAN-Brent Haynes.  I'm not familiar with Brent Haynes, but the State Bar website indicates that he is an Assistant District Attorney in Galveston County.

183rd DISTRICT COURT

• DEMOCRAT-Katie Wilson & Julia Maldonado.  Katie Wilson is a former-prosecutor and currently works for the Harris County Public Defenders' Office.  Julia Maldonado is formerly a family court judge who does not practice criminal law to my knowledge.
• REPUBLICAN-Lance Long (I).  Judge Long was appointed to the bench by Governor Abbott following previous Judge Kristin Guiney's election to the Court of Appeals.

184th DISTRICT COURT

• DEMOCRAT-Judge Katherine Thomas (I)
• REPUBLICAN-Heather Hudson.  Heather is a Harris County Assistant District Attorney in the Appellate Division.

185th DISTRICT COURT

• DEMOCRAT-Judge Andrea Beall (I)
• REPUBLICAN-Mark Goldberg.  Mark is a Harris County Assistant District Attorney assigned to RIC Court.  Readers of this blog know that I am not a fan of his.

208th DISTRICT COURT

• DEMOCRAT-Judge Beverly Armstrong (I)
• REPUBLICAN-Stephen Driver.  Stephen is a Harris County Assistant District Attorney assigned to the Grand Jury Division.

209th DISTRICT COURT

• DEMOCRAT-Judge Brian Warren (I) & Robert Johnson & Ysidra "Sissy" Kyles.  This race is kind of a wild one because Judge Warren (who is a very well-liked and respected judge by both prosecutors and defense attorneys) has not one, but two challengers in the Democratic Primary.  Robert Johnson is the former judge of the 177th District Court, where he was wildly unpopular with anyone who had the misfortune of being in his court.  He was unkind, rude, and not very well-versed on the law.  I'm not familiar with Sissy Kyles, but I believe she is a criminal defense attorney.
• REPUBLICAN-Tony Coveny.  I've never heard of this attorney before.  His website lists him as a "food poisoning attorney."  No idea why he would want to be a criminal court judge, but I will save his number for the next time I visit Chipotle.  

228th DISTRICT COURT

• DEMOCRAT-Alyson Almaguer.  Aly is a Harris County Assistant District Attorney who is a Felony District Court Chief.
• REPUBLICAN-Judge Caroline Dozier (I).  Judge Dozier was appointed to the bench by Governor Abbott following the death of Judge Frank Aguilar.

230th DISTRICT COURT

• DEMOCRAT-Judge Chris Morton (I).
• REPUBLICAN-Megan Long.  Megan is a Harris County Assistant District Attorney who is a Felony District Court Chief.

232nd DISTRICT COURT

• DEMOCRAT-Judge Josh Hill (I) &Roderick Deon Rodgers.  Similar to the unexpected primary challenge taking place in the 209th, popular incumbent Judge Josh Hill is facing a challenge from Fort Bend County prosecutor Roderick Rodgers.  Rodgers is the husband of wildly unpopular former-338th District Court Judge Ramona Franklin (more on her later).  
• REPUBLICAN-Chuck Silverman.  As I noted in this earlier blog post, Chuck has reinvented himself more than Madonna.  He's a former-civil lawyer, former-judge, and former-Republican.  He just really really wants be a judge somewhere.  Anywhere.  Previous affiliations don't matter.

248th DISTRICT COURT

• DEMOCRAT-Judge Hilary Unger (I)
• REPUBLICAN-David Overhuls.  David is a former prosecutor and current defense attorney who bears a startling resemblance to John Denver.

262nd DISTRICT COURT

• DEMOCRAT-Judge Lori Gray (I)
• REPUBLICAN-Nathan Moss.  Nathan is a Harris County Assistant District Attorney who is a Division Chief in the Homicide Bureau.

263rd DISTRICT COURT

• DEMOCRAT-Judge Melissa Morris (I)
• REPUBLICAN-Jason Campo.  Jason is a Harris County Assistant District Attorney who is a Felony Chief in the Homicide Bureau.

482nd DISTRICT COURT

• DEMOCRAT-Judge Veronica Nelson (I)
• REPUBLICAN-Bryan Honeycutt.  Bryan is Harris County Assistant District Attorney who is a Felony District Court Chief.

495th DISTRICT COURT

• DEMOCRAT-Tiffany Hill.  Tiffany is a Criminal Defense Attorney and former Associate Judge.
• REPUBLICAN-Judge Lori DeAngelo (I).  Judge DeAngelo was appointed to the bench of this newly-created court by Governor Abbott.

496th DISTRICT COURT

• DEMOCRAT-Michael Abner & Ramona Franklin.  Michael is a very well-liked and respected Harris County Assistant District Attorney currently serving as a Felony District Court Chief.  Ramona Franklin is the former Judge of the 338th District Court, who was defeated in her own primary in 2024.  She was a terrible judge who was known for erratic behavior such as prohibiting lawyers from entering court to stand with their clients during Covid, as well as forbidding entry to the media. After losing her bench, a bizarre hoax telephone campaign started promoting her for a Federal Bench, but that's a story for another day.  Like Robert Johnson, she is an ousted judge that nobody wants to see back on the bench.
• REPUBLICAN-Judge Dan Simons (I).  Judge Simons was appointed to the bench of this newly-created court by Governor Abbott.

497th DISTRICT COURT

• DEMOCRAT-BreAnna Schwartz.  BreAnna is a former Harris County prosecutor and a current Criminal Defense Attorney.
• REPUBLICAN-Judge Peyton Peebles (I).  Judge Peebles was appointed to the bench of this newly-created court by Governor Abbott.

COUNTY COURT AT LAW # 1

• DEMOCRAT-Judge Alex Salgado (I)
• REPUBLICAN-Erin Swanson.  Erin is a former Harris County prosecutor.

COUNTY COURT AT LAW # 2 (NOTE: Judge Paula Goodhart is not seeking re-election)

• DEMOCRAT-Matthew Ruben Perez.  Matt is a criminal defense attorney.
• REPUBLICAN-Matt Alford.  Matt is a former-prosecutor and a current criminal defense attorney.

COUNTY COURT AT LAW # 3

• DEMOCRAT-Carlos Aguayo & Anna Eady.  Both Carlos and Anna are criminal defense attorneys.
• REPUBLICAN-Judge Leslie Johnson (I)

COUNTY COURT AT LAW # 4

• DEMOCRAT-Judge Shannon Baldwin (I)
• REPUBLICAN-Rebecca Phillips Aceto.  Rebecca is a former Harris County prosecutor and a current defense attorney.

COUNTY COURT AT LAW # 5

• DEMOCRAT-Judge David Fleischer (I)
• REPUBLICAN-Stella Stevens.  Stella is a former Montgomery County prosecutor and a current defense attorney.

COUNTY COURT AT LAW # 6

• DEMOCRAT-Judge Kelley Andrews (I)
• REPUBLICAN-Josh Normand.  Josh is a Harris County Assistant District Attorney who is a Felony Two.

COUNTY COURT AT LAW # 7

• DEMOCRAT-Judge Andrew Wright (I) & Jorge Garcia Diaz & Rustin Foroutan.  Judge Andrew Wright is seeking his third term as judge of CCL # 7.  Jorge Garcia Diaz is an Assistant Public Defender in Harris County.  Rustin Foroutan is an Assistant Public Defender in Fort Bend.
• REPUBLICAN-Adam Brodrick.  Adam is an Assistant Harris County District Attorney who is a Felony District Court Chief.  He is a noted Mormon and arguably the most cheerful person in the courthouse.

COUNTY COURT AT LAW # 8

• DEMOCRAT-Judge Erika Ramirez.
• REPUBLICAN-Victor Flores.  Victor is an Assistant Harris County District Attorney.

COUNTY COURT AT LAW # 9

• DEMOCRAT-Judge Toria Finch (I)
• REPUBLICAN-Xavier Alfaro.  Xavier is a former Harris County and Fort Bend prosecutor.

COUNTY COURT AT LAW # 10

• DEMOCRAT-Judge Juanita Jackson (I)
• REPUBLICAN-Boa Hoang.  I am not familiar with Mr. Hoang, but the State Bar website indicates that he practices criminal and personal injury law.

COUNTY COURT AT LAW # 11

• DEMOCRAT- Judge Sedrick Walker (I)
• REPUBLICAN-Liz Buss.  Liz is an Assistant Harris County District Attorney who is a Felony District Court Chief.

COUNTY COURT AT LAW # 12

• DEMOCRAT-Judge Ashley Mayes Guice (I).  Judge Guice was appointed by the Harris County Commissioners' Court to fill the vacancy of Judge Genesis Draper, who left the bench to lead the Harris County Public Defenders' Office.
• REPUBLICAN-Anna Emmons.  Anna is a career prosecutor, having served as an Assistant District Attorney in Harris, Montgomery, and (currently) Liberty County.

COUNTY COURT AT LAW # 13

• DEMOCRAT-Judge Raul Rodriguez (I)
• REPUBLICAN-Amber Cox.  Amber is an Assistant Harris County District Attorney.

COUNTY COURT AT LAW # 14

• DEMOCRAT-James Hu & Yahaira Quezada.  James is an Assistant Harris County County District Attorney.  Yahaira practices family and criminal and is currently an Associate Family Court Judge.
• REPUBLICAN-Judge Jessica Padilla (I)

COUNTY COURT AT LAW # 15

• DEMOCRAT-Judge Tonya Jones (I)
• REPUBLICAN-Stephen St. Martin.  Stephen is a former Assistant Harris County District Attorney and a current defense attorney.

That covers all of the criminal court benches in the CJC.  There are contested races in all of the Juvenile Benches, which handles both criminal and family court related issues.  I know only one of the candidates over there and that is 315th District Court Judge Leah Shapiro, who is a genuinely awesome human being and judge who is running for re-election.

As noted above, I will write about the contested primaries as we get closer to them.  

Other Early Criminal Court Filings for the 2026 Election

 While we are on the subject of judges and elections, there are some folks that have made some announcements (or have at least made a filing) that signal an intention to run for office in the 2026.  Here's who we have so far:

As mentioned in the last post, former-183rd District Court Judge Chuck Silverman has switched to the Republican Party and will be challenging incumbent Democrat Judge Josh Hill.

• Former Prosecutor and current Defense Attorney David Overhuls is running as a Republican for the 248th District Court against incumbent Democrat Judge Hillary Unger.
• Prosecutor Nathan Moss is running for the 262nd District Court as a Republican against incumbent Democrat Judge Lori Chambers-Gray.
• Defense Attorney Matt Alford has filed an Appointment of Treasurer to run for County Court at Law # 2.  I have been told that he is running as a Republican and that incumbent Judge Paula Goodhart is not running again.
• Defense Attorney Anna Eady has also filed an Appointment of Treasurer to run for County Court at Law # 2.
• Defense attorney Allison Mathis has filed an Appointment of Treasurer to run as a Democrat for County Court at Law # 3 against incumbent Judge Leslie Johnson.
• Former Prosecutor and current Defense Attorney Rebecca Philips Aceto has filed an Appointment of Treasurer to run for County Court at Law # 4 against incumbent Democrat Judge Shannon Baldwin.
• Harris County Prosecutor (and noted Mormon) Adam Brodrick has filed an Appointment of Treasurer to run for County Court at Law # 7 against incumbent Democrat Judge Andrew Wright.
• Harris County Prosecutor Liz Buss has filed an Appointment of Treasurer to run for County Court at Law # 11 against incumbent Democrat Judge Sedrick Walker.
• Harris County Prosecutor and former Judge Ashley Guice has filed an Appointment of Treasurer to run for County Court at Law # 12 (presumably as a Democrat).  NOTE:  This Court is about to come open as Judge Genesis Draper takes the position of Harris County Public Defender.  The County Commissioners will be appointing a replacement for Judge Draper who will most likely be a Democrat that will then run for the bench in 2026.  As of this writing, it is unclear who that person will be.
• Former Harris County Prosecutor and current Liberty County Prosecutor Anna Emmons has also filed an Appointment of Treasurer to run for County Court at Law # 12.  
• Former Prosecutor, Former Defense Attorney and current Family Court Associate Judge Yahaira Quezada has filed an Appointment of Treasurer to run for County Court at Law # 14 against incumbent Republican Judge Jessica Padilla.
• Current Prosecutor Michael Abner has also filed an Appointment of Treasurer to run as a Democrat for County Court at Law # 14.  
• Former Prosecutor and current Defense Attorney Stephen St. Martin has filed an Appointment of Treasurer to run (presumably as a Republican) for County Court at Law # 15 against incumbent Democrat Judge Tonya Jones.

That's all I have at the moment.  If I left anyone off the list, it was inadvertent and please feel free to correct me.

Chuck Silverman's Laughable Republican Conversion

I have to admit that I have a complicated relationship with former 183rd District Court Judge Chuck Silverman.

I first heard his name in 2014 when he ran as a Democratic challenger to Incumbent Republican Judge Denise Collins for the 208th District Court.  Back then, I wrote the following:

He lost that election, only to return again in 2018, running against Republican Incumbent Judge Vanessa Velasquez.  To be fair, I had known Judge Velasquez since my early days as a prosecutor and absolutely adore her.  She was a great judge (and continues to be a great visiting judge), and there probably wasn't anyone that I would have supported to run against her.  

But Chuck Silverman, in my opinion, was uniquely unqualified to run against Judge Velasquez.  While she had spent decades of her career solely devoted to criminal law, Silverman was a civil lawyer whose only credentials in the criminal arena were having watched a few criminal proceedings and being "mentored" by highly controversial criminal District Court Judge Randy Roll.   I wasn't shy in 2018 in expressing my disdain for his candidacy.  It wasn't personal, really.  I still believe that civil lawyers shouldn't try to become criminal judges just because, goshdarnit, they just really really want to be a judge.

But 2018 was a good year for the Dems, and sadly, Judge Velasquez lost the election and the candidate that I had said some extremely negative things about was the new judge.  I had several cases pending in the 183rd as it transitioned from the Velasquez Administration to the Silverman Administration, but that was something I knew I would have to deal with when I wrote what I wrote on the blog about him.

To his credit, Judge Silverman was very gracious about those things I had written about him.  He even joked about it with me.  He was never anything but polite and friendly when I was in his court.  He appointed me to represent more than a few indigent clients during his term on the bench.  Although I still maintained my skepticism at civil lawyers becoming criminal judges, Judge Silverman was at least nice about it.  He wasn't going to go in the Judicial Hall of Fame any time soon, but he was fine as a judge.

In 2022, Silverman lost in the Democratic Primary when he ran for re-election, being defeated by Gemayel Haynes (who went on to be defeated by Republican Kristin Guiney).  He was vocally bitter about it and most of that bitterness was directed at the Democratic Party in Harris County.  It was a little ironic coming from him.  When he had campaigned in 2018, he had been very vocal about his deep ties to County Commissioner Rodney Ellis and seemed to relish all things Dem.  After his loss, he seemed to feel that they had let him down and he felt betrayed.  Suddenly, he went from bragging about riding bikes with Commissioner Ellis to labeling Ellis as the person leading Harris County into ruin.

His Facebook posts (where we were friends) started becoming more and more conservative and they absolutely reeked of sour grapes.

A few month ago, Silverman posted something on Facebook that concerned me.  I can't find the post now, but it basically argued against the funding of indigent defense and lobbied for that money to be spent on the victims of crime.  I responded in the comments that I found that to be very contrary to how I felt he performed during his time on the bench.  I told him I thought he had been fair and honored the presumption of innocence of those before him, but his position on Facebook seemed contrary to that.  The post very much seemed to embrace the idea of "guilty until proven innocent" and it didn't seem like he wanted to offer much assistance to those who couldn't afford their own defense.  

I wasn't disrespectful in my response back then, and I don't think he took it as such.  He responded that I had misunderstood the point of his post and we pretty much left it at that.

I wasn't surprised in the least when I learned earlier this year that he had announced he was running as a Republican against 232nd District Court incumbent Josh Hill.  Following in the disingenuous footsteps of failed Democratic candidate Kimbra Ogg, Silverman had apparently decided that if one party can't get you the elected position you want, just switch to the other one.  Don't let principles slow you down any.  The Republican Party made surprising gains during the 2024 election and as of this writing, it is anyone's guess as to how that will play out in 2026.

Today, Chuck had an interesting post on Facebook:

 There's no doubting his conversion to the Republican side of things is complete.  I'm not a fan of Greg Abbott, but that's not what bothered me.  It was his captioning of "Crime has consequences.  Victims deserve justice."  I later noticed that he had the same phrase on his profile picture, along with (bizarrely) a Trademark notation.

Clearly, he's all over that Republican messaging designed to make voters feel less safe with Democratic Judges.  

But here's the problem - Judges aren't supposed to be victims' rights advocates.  They are supposed to be fair and neutral arbiters of the law.  The job description calls for that impartiality, and as a former judge, Chuck Silverman should know that.  As a matter of fact, I'm pretty sure he knows that, and he's just pandering to the Republican Party mantra.  It's pretty shameless, in my opinion.  One has to wonder what his messaging would have been if he had made it out of the Democratic Primary in 2022 as the candidate on the ballot.

I wrote a comment on his Facebook post and told him that I thought it was contrary to the Presumption of Innocence and that trademarking the phrase "Crime Has Consequences. Victims Deserve Justice." was contrary to the job description for a judge.  I was respectful in my tone, but I felt that the issue needed to be addressed.

He responded by deleting my comment and unfriending me on Facebook.  Whatever happened to the Republicans being against censorship?  

But the message is important here.  How important?  Well, important enough to make me get off my ass and do a blog post for the first time in almost a year (I've been busy).

Judges aren't supposed to be Victims' Rights Advocates.  They are supposed to follow the law.  The second they don't, the whole system goes off the rails and innocent people are at far greater risk of being convicted.  It is concerning to see a judicial candidate who embraces being tough on crime rather than respecting the law.  

But Chuck Silverman's career has been one of shifting his position on whatever was most politically beneficial.  Whether he was a civil lawyer shifting to a criminal judge or Democrat shifting to Republican, Silverman seems to go wherever he thinks the voters are most likely take him the furthest.