It’s Primary Time for the Elections!! So let’s talk Judges, Justices, D.A., and Clerks

It is fitting that early voting for the party primaries begins right after Valentines because it seems that some candidate’s whole campaign is essentially – I love you best.  I will be the toughest on crime, I believe in same sex marriage, I will stop frivolous lawsuits, I will make sure to protect “x” or protect you from “x” … (fill in the blank) because I’m I your guy/girl.  Really!  Believe me. 

Here is who I am supporting in the contested repbulican judicial races, D.A., and the race for district clerk:

Chief Justice, Supreme Court:                Robert Talton
Justice, Supreme Court, Place 6            Jeff Brown
Justice, Supreme Court Place 8             Sharon McCally
Justice 1st Court of Appeals, Place 3     Dan Linebaugh
District Judge 268th                                Brady Elliott
District Attorney                                      John Healey
County Court at Law #1                          Chris Morales
County Court at Law #4                          R. H. “Sandy” Bielstein
District Clerk                                           Annie Rebecca Elliott

      I haven’t listed the Court of Criminal Appeals as I do not practice before them, but welcome suggestions from my friends who are prosecutors and defense attorneys.

     So how do you know who to vote for even in your own party?  Here are some suggestions:

First:         Ask attorneys who practice before the Judges and Justices and who have to deal with the clerks on a weekly basis.  These are people who have a working knowledge of what is good and/or bad and deal with the consequences of both.  They should be able to tell you who they would support and why. 

Second:        Read their propaganda (I mean mailers).  Any decent ones are going to list the candidates’ accomplishments and biography.  Here is what sends up red flags for me.  Any candidate who touts that they are going to be tough on criminals, get rid of frivolous lawsuits, be more republican or democratic than their opponent, etc., etc.  I know that political parties are a necessity for the backing and support of candidates (including judges and clerks) but I want an elected official who is fair to all.

    I want a judge who is going to have one job and that is to enforce the laws as they exist and treat everyone equally.  I want a judge who believes in the innocent until proven guilty and not one who brags about putting people in jail or being tough on crime.

     If you enforce the law then usually the right thing happens, if you have an agenda then run for congress and not the bench.

     I want a clerk who makes the filing and handling of document for litigation as easy as possible and is helpful when you have questions. 
   
     I believe the people who I support are the best choice for the job. 

     To answer a question that some will undoubtedly ask: Are you supporting the judges because they rule for you? No.  In fact one of them, despite my brilliant argument, ruled against me on every motion I had recently before the Court. 

     I support these individuals because I have practiced before them, seen their work, read their opinions (or those of whom they are running against) and want the best judicial branch of the government we can get.  I want a judiciary which treats everyone as equal and not as a statistic to appease their supporters and donators. 

The Tort Reform Lie

Tort Reform ads are once again appearing on the radio and news. The argument is that we need to limit damages to protect nursing homes and doctors and lower costs. Texas passed limitations on damages years ago and I have yet to see costs go down. The tort reform crowd argues that damages should be limited to prevent frivolous lawsuits. That is a just a lie. The only time the limitation applies is after a case has been tried and a jury has determined not only that there was negligence on the the part of the nursing home or doctor, that their actions harmed the plaintiff and the damages are in excess of $250,000.00. The effect of the tort reform is to allow those who have already been found to have harmed someone to only pay for a part of their harm. This is after the plaintiff has provided expert reports and had a judge rule that there was enough credible evidence to even get to trial. The truly frivolous lawsuits are thrown out at the first step when the judge determines there is no credible expert opinion to support the claims. Tort Reform is simply an excuse to escape taking responsibility for the actions which hurt others.

Where Did My Party Go?

Politics are something that is generally avoided in legal blogs so as not to offend anyone, but sometimes not saying anything is more offensive. Republican or Democrat does it really matter. Both parties are spending us into bankruptcy and blame the other. They talk about representing the people and not special interest, but who are these “people” because it is not anyone I know. One claims they want free market to decide whether a company succeeds or not, but then reward certain companies with bids, bails out certain companies while allowing others to go under and institute legal “reform” to protect others when they injure someone or cause economic harm. Our soldiers are getting killed taking showers due to faulty wiring, and their families can not hold the company responsible. The other party is claiming that they will provide health care “reform” and virtually no one has even read the bill which will change our options and choices of medical care. I was raised and believe that you do what is right and if you mess up, you take responsibility and try to make it right. Work hard and help others who need help. I believe that and want a party who believes it as well. I hear people say neither party is perfect, that is true, but I would settle for honest. My party seems to have disappeared. If you happen to find it let me know.