Qualifications
What training, experience, and characteristics qualify you for this position?
St. Mary’s Univ. Law School, 1991 Law clerk to Judge Bill M. White on the CCA, 1991-1992 Private Attorney, 1992-1995 Appellate Prosecutor, Dallas, Harris, Bexar Counties, 1995-2014 CCA Judge 2015-now.
Ethics
How will you ensure your rulings remain impartial and free from both political pressure and the interests of your campaign donors?
I apply principles based decision making on the Court. One of my early and most commanding principles is that “opinions are not the law.” By that I mean that Judges do not make law, we only apply law written or adopted by others. Opinions are important, but they are not the actual law. I have a list of 14 other principles, including “States are separate sovereigns from the Federal Government.”
Equity
What barriers prevent Texans from accessing the court system, and what can courts do to reduce those barriers?
Lawyers are expensive. And language barriers exist for some too. We need Judges who understand these potential barriers and work to limit their impact. Our State Bar can help by producing information to assist people forced into our legal system. And I know our State is looking at possible changes that could lead to paralegals who demonstrate competence being allowed to provide legal help.
Precedent
What factors should the Court of Criminal Appeals consider when deciding whether to change a past court ruling?
Opinions that judges write are not the law. The law is written by the Legislature. Opinions are important to explain rulings to parties, and they bind the lower courts, but when Judges see an opinion that has misconstrued the law, the opinion should be overruled. I can hardly imagine a more corrupting influence on judges than to tell them their opinions will be defended no matter how bad.
Philosophy
What is your judicial philosophy?
Our government separates powers on purpose. Judges do not set policy and do not make law. Those are the job of the Executive and Legislative departments. The text of the constitution and laws mean what they meant to reasonably educated citizens on the day they were written, nothing else. State judges should also understand their unique role in American federalism. States are separate sovereigns.
