Justice, 15th Court of Appeals, Place 2
Tom Baker
Democrat
Qualifications
What training, experience, and characteristics qualify you for this position?
I served 2019 - 2024 as Justice, Place 5, Third Court of Appeals, Austin, which had jurisdiction over the cases now within this new court’s jurisdiction. I have 42 years of law experience.
Ethics
How will you ensure your rulings remain impartial and free from both political pressure and the interests of your campaign donors?
I will ensure my rulings remain impartial and free from outside influence by focusing on the reporter’s and clerk’s records from the trial court, studying the applicable state and federal law and collaborating with my staff counsel and talking to the panel about the court’s decision. I will not be concerned with running again for this office as I will not seek another term to this Court.
Equity
What barriers prevent Texans from accessing the court system, and what can courts do to reduce those barriers?
The biggest barrier to access to the court system is legal representation. The Court can reduce that barrier by fostering pro bono representation through the State Bar of Texas and its appellate law community. Alternatively, the Court can provide tools for litigants to represent themselves if the pro bono options are lacking. Education of the public about this new court is needed.
Precedent
: What factors should the Court of Appeals consider when deciding whether to change a past court ruling?
The Court should first determine whether precedent and stare decisis strictly control our decision. A court should consider changing a past court ruling where it causes a manifest injustice to a class of persons or it leads to some fundamental unfairness in justice. This appellate court must defer to Supreme Court precedent and may only suggest that Court to reconsider prior ruling.
Philosophy
What is your judicial philosophy?
My judicial philosophy is to respect discretion and decisions of trial courts unless a clearly wrong decision has occurred in the law or the sufficiency of the evidence. Only where the law is not clear does the appellate court step in to interpret the intent and words of the law. Even if I do not agree with the law, I will apply it as I read and understand it unless it violates the constitution.