Texas Supreme Court elections

From Judgepedia

Results of all contested 2008 state Supreme Court elections

Texas Supreme Court
Sitting Justices
Wallace Jefferson Don Willett Harriet O'Neill David Medina Paul Green Nathan Hecht Dale Wainwright Phil Johnson Scott Brister
2008 challengers
Jim Jordan Sam Houston Linda Yanez
Former justices
Texas on Judgepedia

Three seats on the Texas Supreme Court are up for grabs in November 2008.

• Chief Justice Wallace Jefferson seeks re-election against district court judge Jim Jordan.
• In Place 7, incumbent Dale Wainwright is faced by newcomer Sam Houston, a Houston trial lawyer.
• Incumbent Phil Johnson is seeking re-election, opposed by Justice Linda Yanez, currently a Senior Appellate justice.

In the partisan election, all three incumbents are Republicans, while all three challengers are Democrats. At stake is whether Texas Democrats can erode Republicans' hold on state government.^[1]

According to the Houston Chronicle "most Democrats apparently consider Jefferson and Wainwright tougher to beat. Jefferson is a former attorney from San Antonio, and Wainwright has support in Houston, where he practiced law and was a state district judge for several years. Johnson is viewed as 'low-hanging fruit,' according to one Democratic consultant, and easier to unseat, partly because he is from a smaller electoral base (Amarillo) and is a relative newcomer on the court. He was appointed by Gov. Rick Perry to fill a vacancy in 2005."^[2]

No Democratic candidate has won a statewide office in Texas since 1994.

2008 General Election results

• Justice Wallace Jefferson won reelection, defeating both Democrat Jim Jordan and Libertarian candidate Tom Oxford on November 4. Jefferson received 53% of the vote to Jordan's 44% and Oxford's 3%.^[3]

• For Supreme Court, Place 7, Justice Dale Wainwright won reelection, defeating Democrat Sam Houston and Libertarian David Smith on November 4. Wainwright received 51% of the vote to Houston's 46% and Smith's 3%.^[4]

• For the Supreme Court, Place 8, Justice Phil Johnson won reelection, defeating Democrat Linda Yanez and Libertarian Drew Shirley on November 4. Johnson received 52% of the vote to Yanez's 45% and Shirley's 3%.^[5]

Jefferson vs. Jordan

(Note: The Libertarian Party also has a challenger, Tom Oxford, who previously ran against Jefferson in 2006 and garnered 23.6% of the vote in the absence of a Democratic candidate.)^[6]

Judicial Philosophies

Jefferson

In an interview with the American Justice Partnership, Jefferson details several aspects of his judicial philosophy that a judge should keep his personal and judicial opinions separate. He said judges have the duty to research each case thoroughly, and come to the bench to hear a case with a mind open to arguments from both sides. Additionally, he said that though many times judges may wish certain policies read differently on the books, a Justice's job is to apply what is written in the State's Constitution and statutes, whether or not that policy corresponds with one's own opinion on the way things should be. In other words, Jefferson practices judicial restraint and places emphasis on researching and making his own decisions, apart from personal opinion or political pressure.

Click here to listen to Jefferson's complete interview with the AJP. Other topics covered are reform to the election process for judges, whether or not judges should comment on their personal political stances, and campaign contributions.

At a speech before the 24th Annual Banquet of the Black Board of Directors Project (October 19, 2007), Justice Jefferson shared insights on his philosophy:

"I urge all of us to return often to the first principles articulated in the Constitution. Read about the circumstances of its creation; understand its complexities. It has ultimately set people free to explore the limits of their own ingenuity, and within their own Faiths, to advance the betterment of the human condition."^[7]

Jordan

On why he is running for the Texas Supreme Court, "When the system is broken, the responsibility must fall on the leader. I am running for Chief Justice because this Court has lost its way. Instead of upholding the law, it is advancing an ideology," Jordan added, referring to a recent study released by a University of Texas law professor that criticized the court for, it says, exceeding its Constitutional authority, ignoring the role of juries, and using the bench to make policy instead of deciding questions of law."^[8]

In a recent panel discussion, Justice Wainwright said he found the article written by University of Texas Law School professor David Anderson, which found the high court rules for defendants most of the time, “interesting.” Specifically, Wainwright says, “I found part of his methodology concerning.” He points out Anderson’s report failed to mention tort reform legislation has been going on for more than 20 years in Texas - not just in the 2003 HB 4 bill, which put limitations on medical malpractice litigation and was the focus of Anderson’s article.^[9]

Contributions

Jefferson

While the 2008 campaign is not concluded, as yet Jefferson has raised $309,023.^[10] The top three industries so far are:

• Lawyers and Lobbyists, $107,896
• Oil and Gas, $19,100
• Finance, Insurance, and Real Estate, $15,000

For a complete summary of all campaign contributions for Wallace Jefferson, click here.

Jordan

The total raised to date for Jordan's race for the Supreme Court is $36,270. Thus far, Lawyers and Lobbyists have given over 61% of the total, or $22,275.^[11] To view the complete summary, visit Follow the Money.

Endorsements

Jefferson

The Independent Bankers Association of Texas, Austin Black Lawyers Association, Houston Realty Breakfast Club PAC, HOSPAC (the state political action committee of the Texas Hospital Association)^[12]

The Dallas Morning News the Austin-American Statesman the Lubbock Avalanche-Journal and the Star-Telegram have also endorsed Chief Justice Jefferson.^{[13][14][15][16]}

Jordan

Wainwright vs. Houston

(Note: The Libertarian Party has a candidate, David G. Smith, who will appear on the ballot at the general election.)^[17]

Judicial Philosophies

Wainwright

In an interview with the Dallas Morning Star Justice Wainwright said of his judicial philosophy, which is of the judicial restraint mode:

"Professional integrity means following a judicial philosophy that interprets the law in a principled fashion without pursuing a personal or political agenda. It's important that jurists have the scholarship to analyze complex and challenging legal issues and have the judicial experience to have handled many of the types of trial and appellate issues that may arise at the Court."^[18]

When Dale Wainwright was first elected in 2003 he said at his inauguration ceremony:

"Our Great Task is to interpret and apply the Constitution and laws, as written, fairly, and consistently without fear or favor. I will always remember that my fundamental purpose for donning this robe is to serve this great purpose."^[19]

Houston

In numerous interviews and press releases, Houston has affirmed his belief in the jury system, that he believes the Texas Supreme Court often undermines. He has stated his goal of bringing balance to the Court and seeing jury decisions upheld more often by the Court, if elected. He outlined his reason for seeking office in a written response to a Houston Chronicle questionnaire:

"I am a Democrat and a trial lawyer. It has been my impression and many others (including noted professors at the major law schools here in the state) that our Supreme Court frequently disregards jury verdicts and too often sides with defendants and corporations. I believe that it is time to balance our court, which will best happen by electing a trial lawyer with experience who is also a Democrat."^[20]

Based on this stated desire to "balance" the Court, it is reasonable to conclude that Houston leans towards a judicial activist philosophy. In a May 2, 2008 article, Houston is quoted, saying, "I'm not out to swing it for people who are not in business. I do believe in adding new blood ... and swing the pendulum back to the center." ^[21]

Contributions

Wainwright

In the 2008 campaign, the elections are not completed, but as yet, Wainwright has raised $320,146. The top three industries so far are Lawyers and Lobbyists, Oil and Gas, and Finance, Insurance, and Real Estate.^[22]

For a complete summary of Dale Wainwright's campaign contributions, visit Follow the Money: Dale Wainwright.

Houston

Houston, who is backed by an audience of high-profile Texas lawyers and raised $111,650 in campaign funds in time for the March primary against opponent Baltasar Cruz, who raised $2,500.^[23]

Endorsements

Wainwright

In all the 2008 judicial polls — for the State Bar of Texas, the Houston Bar and the Tarrant County Bar^[24] — the attorneys of Texas have voted Justice Wainwright best qualified to serve on the Supreme Court by nearly a two to one margin over his general election opponent.^[25]

Justice Wainwright has received extensive endorsements, including the Star-Telegram,^[26] the Lubbock Avalanche-Journal ^[27], James Baker, U.S. Secretary of State (Former), Baker & Botts, Houston; Harriett Miers, Locke Lord & Bissell, Dallas; the last 16 past Houston bar association presidents and Texans for Lawsuit Reform PAC. A full list of his endorsements can be seen here.

• Senator Kay Bailey Hutchison has described Justice Wainwright as "one of the outstanding stars on the Supreme Court in Texas."

• The Dallas Morning News stated that he "has been a strong voice for scholarly fairness."

• The Austin-American Statesman predicted that "Wainwright has all the makings of a Texas political star."^[28]

To see a complete list of endorsements, click here^[29]

Houston

Houston is endorsed by numerous Democratic organizations, and groups like the Texas AFL-CIO and the Austin Progressive Coalition. To see a complete list of endorsements, click here.^[30]

The Dallas Morning News has also endorsed Houston.^[31]

Johnson vs. Yanez

(Note: The Libertarian Party has a candidate, Drew Shirley, who will appear on the ballot for the general election.)^[32]

Judicial Philosophies

Phil Johnson

"As a justice on the Texas Supreme Court, I consider it my duty to the people of Texas, and to those who have gone before us, to interpret laws, not make them. My commitment to the law comes from over 20 years of private practice, 6 years as a Justice and Chief Justice of the 7th District Court of Appeals in Amarillo, and my service on the Texas Supreme Court since 2005. While serving on the Court of Appeals, I considered and helped dispose of over 2,400 appeals and authored over 600 opinions. I will strictly interpret and apply the law as written, regardless of personal views or the parties involved. If you agree that judges should not legislate from the bench, I hope that I can count on your help in the campaign and your vote in 2008."^[33]

Further illustrating Justice Johnson's philosophy of judicial restraint is a recent Court ruling. Justice Johnson ruled with the majority in the case In re McAllen Medical Center, Inc., d/b/a McAllen Medical Center and Universal Health Services, Inc., Relator (2008) which granted McAllen's petition for writ of mandamus. This petition had previously been denied by Judge Yanez at the Court of Appeals, 13th District. The case involved a medical malpractice suit in which the plaintiff didn't meet statutory expert report filings in conjunction with the lawsuit. Appellate courts in Texas had taken both positions, that mandamus review was and wasn't available in such cases. The Supreme Court settled the question by ruling that mandamus relief is available, acting properly within the framework of separation of powers to ensure that lower level courts don't blatantly disregard statutory requirements, and therefore the will of the Legislature. See this link to the text of the opinion granting the petition and ordering the trial court to vacate its order.

Linda Yanez

Yañez's legal career has been shaped by her goal to serve as an advocate for the "voiceless" and "marginalized."^[34] Yañez has also criticized the Court for exhibiting "groupthink" behaviors, and has the goal of stimulating more debate of issues by representing a "legal and judicial perspective that does not exist now, or ever before, on the Supreme Court."^[35]

Contrasting these statements, Yanez's own court has had its share of controversy. According to the Houston Chronicle, U.S. Senate candidate Mikal Watts (D), as a plaintiffs' attorney six years ago, claimed that he had influence over the 13th Court because of "heavy" political contributions his firm had made to the court's members. Watts, according to a story by Austin Bureau reporter R.G. Ratcliffe, was trying to pressure a legal opponent into settling a personal injury lawsuit. The case later was settled for an undisclosed amount without going to trial. Yanez received $50,000 from Watts' law firm during her 2002 Supreme Court race. She said Watts never received any preferential treatment from the appellate court.^[36]

Contributions

Phil Johnson

Although the campaign is not complete, Judge Johnson has raised $251,073. For a complete summary of the campaign contributions for Judge Phil Johnson, visit Follow the Money: Phil Johnson.

Linda Yanez

While the campaign is ongoing, Yanez has raised $166,849. For a complete summary of the campaign contributions for Linda Yanez, visit her official filings with the Texas Ethics Commission.

Endorsements

Phil Johnson

The Independent Bankers Association of Texas, HOSPAC (the state political action committee of the Texas Hospital Association), Houston Realty Breakfast Club PAC, The Texas Association of Builders^[37] have all endorsed Phil Johnson; the Dallas Morning News the Lubbock Avalanche-Journal and the Star-Telegram have also endorsed him.^{[38] [39][40]}

In addition, Justice Johnson is endorsed by the following individuals:

• Senator Kay Bailey Hutchison
• Senator John Cornyn
• Governor Rick Perry
• Lt. Governor David Dewhurst
• Comptroller Susan Combs
• Hon. Greg Abbott, Attorney General, Former Justice, Texas Supreme Court
• Hon. Joe Greenhill, Chief Justice, Texas Supreme Court (ret.)
• Hon. Tom Phillips, Chief Justice, Texas Supreme Court (ret.)
• Hon. Craig Enoch, Justice, Texas Supreme Court (ret.)
• Hon. W. G. “Bud” Arnot III, Chief Justice, 11th Court of Appeals (ret.)

Linda Yanez

Progressive Voters League of Dallas, Association of Women Attorneys, Austin Black Lawyers Association, Austin Progressive Coalition, Corpus Christi Central Labor Council, Dallas Morning News, Hispanic Bar Association of Austin, Houston Chronicle, Mexican American Bar Association of Houston, National Latino Police Officers Association of Harris County, Texas AFL-CIO.^[41]

Poll Results

Justice Johnson has bested Judge Yanez in three bar association-sponsored polls: The State Bar of Texas (3,864 to 2,769), the Houston Bar Poll (qualified and well-qualified ratings: 589 to 386, respectively), and the Tarrant County Bar Poll (qualified and well-qualified ratings: 190 to 90, respectively).^[42]

Video

The following video is from a Dallas Bar Association forum for the Supreme Court candidates.

News and Articles

• Click to hear the podcast of the Houston Chronicle's interview of Linda Yañez. Topics covered: biographical information, legal career, reasons for running for office, judicial issues important to Yañez.
• Dems seek return to state high court (2/25/08)

Shared endorsements

• Wallace Jefferson, Sam Houston, and Phil Johnson have all been endorsed by the Dallas Morning News.^[43]
• The Star-Telegram looked no further than the current court, giving their nod to Jefferson, Wainwright, and Johnson^[44]

Voter guides

• Guide for Jefferson, Jordan, Oxford
• Guide for Wainwright, Houston, Smith
• Guide for Johnson, Yanez, Shirley

See Also

• Texas
• Texas Supreme Court
• Wallace Jefferson
• Dale Wainwright
• Phil Johnson
• Linda Yanez
• Sam Houston
• Jim Jordan

External Links

• Courting more outrage
• Houston Bar Association Qualification Ratings
• Wallace B. Jefferson's Election Page
• Jim Jordan's Election Page
• Dale Wainwright's Election Page
• Sam Houston's Election Page
• Phil Johnson's Campaign Page
• Linda Yañez's Election Page
• Texas Weekly: A Very Expensive Footnote
• Austin American-Statesman profiles of Democrat candidates
• Wikipedia: Texas Supreme Court
• Dallas Morning News endorsements
• Texas GOP throws its weight to bottom of ballot

References