Texas judge accidentally resigns via Facebook

William “Bill” McLeod, a well-respected Houston-area trial judge, was contemplating running for the Texas Supreme Court in the 2020 general election. Earlier this month, he stated as much on his Facebook page, unaware that such a declaration triggered an automatic resignation from his current position under Article 16, Section 65 of the Texas Constitution.

Harris and his supporters appealed the automatic removal, but this week Harris County commissioners voted 4-1 to uphold the resignation. It appears to have been a difficult decision, given that McLeod was a popular and experienced judge who won a sizable majority in the last election.

Still, there were important countervailing considerations: Continue reading “Texas judge accidentally resigns via Facebook”

Two state supreme courts converge in Texarkana

State courts do an admirable job of bringing their work into the community, and one of the more common approaches is to hold oral arguments in high schools. Setting up an argument in a school auditorium is manageable logistically, and allows students to see how the courts operate close-up.

So I particularly liked this story about the supreme courts of Arkansas and Texas traveling to Texarkana at the same time to hold hearings. The Arkansas justices held their proceedings at Arkansas High School, and the Texas justices at Texas High School, before coming together for a question-and-answer session at the city’s convention center. It shows the courts to be both thoughtful and savvy in their community outreach.

Texas judges disciplined for mutual election endorsements

Two Dallas-area judges have been disciplined by the State Commission on Judicial Conduct for endorsing each other’s bid for reelection this past fall.

The commission issued two public warnings to both Kim Cooks, judge of the 255th District Court, which handles family law, and Andrea Martin, judge of the 304th District Court, which handles juvenile law.

According to their warnings, during their 2018 campaigns for re-election, Cooks and Martin produced and distributed a campaign mailer that featured their names, titles and likenesses, urging voters to vote for each of them for their respective judicial races. The mailer included statements such as “Keep this talented team working for our families and for our children.”

Cooks and Martin also produced two campaign videos and posted them on social media in which they ask voters to support both of them in their reelection efforts. In one of the videos, the judges state: “We are your Dallas County Judges, your people’s judges. We are the community judges. And we need your help.”

Cooks and Martin also told the commission that they jointly hosted a fundraising event, at which separate tables were set up for each campaign. They also stated that their individual campaigns shared equally in the costs associated with the mailer, the videos and the fundraising event.

The judges pled innocent ignorance, stating that campaign behavior was not covered at new judges school. But that’s a poor excuse, and hardly demonstrates the sensible judgment that one expects of an impartial jurist.

Post-election judicial roundup

Many states had judges and issues affecting the judiciary on their ballots this week. Here are some of the more noteworthy outcomes from several western states:

In California, state supreme court Associate Justice Carol Corrigan was retained by voters by about a 2-1 margin. Corrigan had been the target of an anti-retention campaign by several LGBT groups, who took issue with her dissent in the state supreme court’s decision legalizing same-sex marriage in 2008. Happily, most voters (regardless of how they felt about that case) properly viewed that opinion in the context of hundreds that Justice Corrigan has issued over her judicial career.

In Alaska, Judge Michael Corey was not nearly as lucky. In a situation reminiscent of the mob that removed Judge Aaron Persky in California earlier this year, Judge Corey was targeted for non-retention by a group calling itself “No More Free Passes.” The group took issue with Judge Corey’s decision to approve a “no jail time” plea deal for a man accused of strangling a woman until she fell unconscious, and then masturbating on her. The problem for the prosecutors and for Judge Corey was that this sickening act does not qualify as a sex crime under Alaska law. Consistent with existing law, the district attorney proposed a plea deal that allowed the defendant to walk away without jail time, and Judge Corey approved it.

It’s not hard to see why this decision would raise anger about the state of the law, and mobilize people to change it. But instead, Judge Corey became the target, and “No More Free Passes” ran a successful social media campaign to prevent his retention. This despite his excellent performance review (which was issued before the plea deal was approved).

The leader of “No More Free Passes” admitted that its removal of Judge Corey was largely symbolic, and that its main focus was on changing the law. In a Facebook post, she stated that the group “will no longer be discussing Mr. Corey…. We wish him nothing but the best in his future.” That is cold comfort for an excellent judge whose only fault was following the law. Congratulations to “No More Free Passes” on destroying a judge’s career purely as an act of symbolism. I hope you sleep well at night.

In Colorado, voters narrowly defeated Amendment W, which would have streamlined the judicial retention ballot in future elections. A majority of voters supported the amendment, but “yes” votes did not meet the 55% supermajority threshold required for passage.

Out of more than 100 judges on the Colorado retention ballot, two were not retained by voters. Both judges had received poor performance evaluations from Colorado’s official JPE program.  Several other judges were targeted by anti-retention groups or individuals, but  had received strong performance evaluations and were comfortably retained by voters.

In New Mexico, which uses a mixed judicial selection system (judges must initially run for their seats in contested elections, and afterward face retention), voters radically overhauled the state court of appeals. Four new judges were elected–all women, and all Democrats–giving women eight of the ten seats on the court. Another court of appeals judge, Michael Vigil, left his seat to run for the state supreme court, and handily defeated incumbent Gary Clingman. Vigil’s seat will be filled by gubernatorial appointment. The only male judge left on the court, Judge J. Miles Hanisee, was retained by a comfortable margin.

New Mexico voters were also asked to “clear the bench” of judges by an anonymous group starting early this year. While the movement had little impact on the state’s appellate and district courts, four Metropolitan Court judges failed to reach the 57% threshold for retention. Of the four who were not retained, two were not recommended for retention by the state’s judicial performance evaluation commission. Two other judges who likewise were not recommended for retention just squeaked over the retention threshold, with 57.15% and 57.02% of the vote, respectively.

In Arizona, state supreme court Justice Clint Bollick was comfortably retained by voters despite an anti-retention effort funded by the National Education Association.

And in Texas, one of only two states that permits voters to simply vote a straight party ticket, a Democratic wave unseated nineteen incumbent Republican judges on the state’s  intermediate appellate courts. This party sweep (which is not uncommon in Texas) will lead to two related consequences for the appellate courts. First, a number of highly experienced judges are now out of a job. Second, the learning curve for the new judges will take time. I do not envy anyone with cases pending in those courts over the next several months, as an entirely new judiciary gets it feet wet.

UPDATE 11/16/18: The post has been revised to reflect the Colorado supermajority requirement for Amendment W.

 

Federal court upholds Texas judicial elections

A challenge to Texas’s state judicial election scheme brought by Latino voters has been rejected by a federal district court. The lawsuit, brought by La Union Del Pueblo Entero (LUPE), asserted that Texas’s system for statewide appellate court elections diluted the Latino vote in violation of the federal Voting Rights Act. But U.S. District Judge Nelva Gonzalez Ramos rejected that theory, noting that the election outcomes were better explained by (perfectly legal) dominance by the Republican Party.

The result stands in contrast to a ruling in Louisiana last year, in which a federal court found the at-large judicial election system in Terrebonne Parish to violate the U.S. Constitution. One important difference may be that the Louisiana voting scheme called for a parish-wide vote even though each elected judge presided over a specific district. By contrast, the appellate courts in Texas do not have judges preside over specific regions.

Texas judges warn of judicial emergency after surge of case filings

Judges in Collin County, Texas are requesting additional resources–in the form of more courts and/or judges–after a surge of case filings in recent years. The eleven district judges in the county received more than 2100 new cases each in the past year, and that number is expected to increase.

As the Dallas Morning News summarizes:

Based on the current caseload, judges who want to keep up can spend no more than 53 minutes on each case and must dispose of nine cases a day.

But that’s not realistic. A hearing just for temporary orders in a divorce case takes about an hour, the judges said. Spending three days on a trial means having to find the equivalent of 26 other cases that require no time.

Texas courts face shortage of stenographers

The Texas state courts face delayed hearings and trials resulting from a dwindling supply of court reporters.  The Texas Office of Court Administration reports a decline of 20 percent in the number of available stenographers since 2005.

While some courts across the country have moved to audiotape as a less expensive option, live court reporters typically produce transcripts that are far more accurate. The story quotes stenographer Chavela Crain, who noted

“We deal with dialects, accents, coughing, sneezing, sirens going by, somebody says they were offered 15,000 for something, and I can say ‘Wait, was that 15,000 or 50,000?'” Crain explained. “On an audio (recording) you’re not going to be able to tell that, and if somebody’s not in the room there is nobody to clarify that.”