Questions for Candidates for Court of Criminal Appeals Conservative Coalition of Harris County

Transcription

1 Questions for Candidates for Court of Criminal Appeals Conservative Coalition of Harris County Our questionnaire has two parts; a short answer section to go onto the Voter s guide and longer answer section giving the candidate space to indicate their reasons and opinions on issues. This questionnaire will be posted onto the Conservative Coalition of Harris County website for public voter viewing. Candidate Name Position for which Candidate is Running Michelle Slaughter Texas Court of Criminal Appeals, Place 8 Short Answer Question Form: Please indicate your position to the following statements or questions with the following abbreviations (unless otherwise indicated). (SF-Strongly favor, F-Favor, U-Undecided, O-Oppose, SO-Strongly oppose, NR-No response) Question Which Supreme Court Justice most closely represents your judicial philosophy? Roberts / Kennedy / Thomas / Kagan / Ginsburg / Breyer / Alito / Sotomayor / Gorsuch Should Texas judges be able to display the Ten Commandments in their courtrooms? Answer Justice Thomas SF Is the Texas Court of Appeals court system of 14 courts around the state fairly efficient in handling the number of cases that are appealed in Texas? (Criminal case appeals from Court of Appeals go onward to Texas Court of Appeals) Is the Texas Court of Criminal Appeals System fairly efficient in handling the number of criminal cases that are appealed in Texas? U U Long Answer Question Form. Please give your answer to each of the following questions and please include your rationale with each answer. Please be concise & clear CCHC-PAC Texas Court of Criminal Appeals Questionnaire Page 1

2 1. Please describe the qualifications and experience that make you the best candidate for the office for which you are running. Answer: As a constitutional conservative, I am the best candidate to serve in the Texas Court of Criminal Appeals, Place 8 because: 1. As a district judge currently serving my second term, I have a proven track record of efficiency, effectiveness, transparency, and saving taxpayer dollars. I am efficient and effective. Upon taking over the 405th District Court, I transformed the court from the least effective, least efficient district court with the highest backlog of any district court in Galveston County, into the most efficient, most effective district court with the lowest backlog. I provide transparency and actively fight for it. I believe in transparency at all governmental levels. Courts are the least transparent of our three branches of government. I promised voters that I would improve the transparency of the court, and I have kept my promise. Upon being elected as the judge in the 405th District Court, I launched a court Facebook page where I inform the public about the court and its proceedings and provide education about the law and our justice system. Through the Facebook page and in person to jury panels, I have informed the public that these are their courts, paid for with their tax dollars, and that they are entitled to sit in the court and watch any proceeding (with very few exceptions). I encourage them to let others know who may be interested. I am advocate for the tax-payer. By improving efficiency, auditing vouchers of court-appointed attorneys to ensure accuracy and prevent over-billing, and implementing various cost-savings measures, I have saved taxpayers thousands of dollars every year I have served. I created an annual Rocket Docket which ensures prosecutors address the lower-level felony cases that frequently get ignored in favor of the higher-level and high profile cases. For the Rocket Docket, we call in all of the pending victimless state-jail and third-degree felony cases. (When I say victimless, I mean without a specific, named victim. All of society is a victim in many of these cases such as drug possession cases.) We assemble all of the Defendants - those in jail and on bond, the prosecutors, staff from the DA's office, the probation department, and criminal defense attorneys. Then the prosecutors and defense attorneys negotiate and work out cases. Several are dismissed and dozens enter plea agreements. No one forces or coerces anything. If a defendant does not want to accept the plea agreement, he/she will get a fair trial. We typically resolve cases in a single day every Rocket Docket. This gets people out of the Galveston County Jail more quickly, gets people help they may need through probation to reduce recidivism, and eliminates the need for further accumulation of courtappointed attorney fees and court resources. 2. I have the best academic credentials of any candidate in this race. No other candidate matches my academic credentials. I graduated from the University of Houston Law Center in the top 15% of my class. While in law school, I: (1) interned for two federal court judges (Judge Sim Lake and Judge David Hittner) and First Court of Appeals Justice Tim Taft; (2) earned my mediation certification and mediated cases in justice of the peace courts and for the Better Business Bureau; (3) competed in numerous moot court competitions across the United States; (4) organized and managed intramural legal advocacy competitions at the UH Law Center; (5) served as the 2018 CCHC-PAC Texas Court of Criminal Appeals Questionnaire Page 2

3 President of the Hispanic Law Students Association; and (6) worked for a law firm during my third year of law school. 3. My experience demonstrates quality over quantity. While my opponents have more years of criminal legal experience, my experience demonstrates quality over quantity. After law school, I worked for several years for large international law firms representing businesses of all sizes, including Fortune 500 companies, in complex commercial litigation, labor and employment law, bankruptcy law, and other areas of civil law. In 2010, wanting to be more involved in my own community in Galveston County, I started my own successful law firm close to home where I represented businesses and individuals. I litigated cases in Texas and in other states. I tried cases in front of judges and juries in state and federal courts. I took cases up on appeal in state and federal courts. Many of the cases I litigated involved highly-complex issues, multiple parties, and multiple claims and defenses. Civil law is much more broad, complex, and involved than criminal law. Criminal law is very straight-forward and has very few gray areas. It is generally limited to the U.S. and Texas Constitutions, the Penal Code, the Code of Criminal Procedure, and a few tie-in statutes. The Rules of Evidence for civil and criminal cases are virtually the same. My experience has served me well as a district judge. In the 405th District Court, I preside over felony criminal and civil cases. While my docket is fairly evenly split, approximately 75% of my time is spent on felony criminal cases (civil cases generally resolve themselves). I have presided over thousands of felony criminal cases ranging from state jail felonies (e.g., possession of less than a gram of a controlled substance) to capital murders. My background serves as a huge asset to the Court of Criminal Appeals. The complexity of the legal issues I have successfully addressed over the years demonstrates that I have a broad understanding of the law. It also demonstrates that I am excellent at legal research, writing, analysis, and identifying important issues. I am able to cut through the excess and irrelevant arguments to identify the key points. Further, unlike my opponents, I do not have the mindset of a life-long prosecutor where all defendants are presumed guilty and the longest possible prison sentence is sought. I look at each case individually, presume the defendant innocent, safeguard the defendants constitutional rights, and ensure due process and fair trial. When a defendant is found guilty, I do not assume the longest possible prison sentence is appropriate. I take into account all of the relevant facts and render a decision that I believe serves the interest of justice. In the past, that has included everything from deferred adjudication for a non-violent drug addict who sought rehabilitation to a 99-year prison sentence for a child predator. 2. Please describe what you believe are the most significant issues in this race and why. Answer: Recent Court of Criminal Appeals decisions have demonstrated that some on the Court have ventured into judicial activism. If elected, I would work to prevent such activism. In each case, I would not base my decisions solely on case law or stare decisis as others clearly do. I would first look to the U.S. and Texas Constitutions, then to the applicable duly-enacted constitutional statutes. I would strictly construe and apply the applicable language to the case at hand to determine the appropriate decision. Then, I would work to convince my colleagues to do the same. If my position is in the minority 2018 CCHC-PAC Texas Court of Criminal Appeals Questionnaire Page 3

4 and I am unable to persuade my colleagues to join me, I will write a respectful dissenting opinion to inform the public of my position, the reasoning behind it, and the law upon which it is based. Another significant issue, and one that greatly disturbs me, is the fact that our criminal justice system is frequently and increasingly being used for political gamesmanship. More and more we see our criminal justice system being used to harass, persecute, and punish people solely because of their social or political views. I would like to work with our legislators on criminal justice reform measures to address this and other areas of criminal law that need to be reformed. (Ultimately, though, regardless of whether I like a law or not, I will strictly interpret and apply it. It is never my job as a judge to change the law.). 3. List the state(s) in which you are or have been licensed to practice law, and the date(s) you received such licenses. Answer: Texas, List the state or federal court(s) in which you are or have been licensed to practice, and the date(s) you received such licenses. Answer: United States District Court for the Southern District of Texas, 2004 United States District Court for the Northern District of Texas, 2005 United States District Court for the Western District of Texas, 2005 United States District Court for the Eastern District of Texas, 2005 United States Court of Appeals for the Fifth Circuit, Are your licenses in good standing in each state and federal jurisdiction in which you have been licensed; why or why not? Answer: Yes. I always complete my required continuing education (in fact, I am a member of the College of the State Bar) and regularly pay my fees and bar dues. 6. Please list the undergraduate colleges or universities, law schools and any other graduate schools that you attended, the years you attended, the degrees you received and the years of any and all graduations. Answer: University of Houston Law Center, , J.D. cum laude (Top 15%) University of Houston, B.A., , magna cum laude (Top 10%) Houston Community College (took additional classes while at UH) Bridgewater State University 1995 Rhodes College CCHC-PAC Texas Court of Criminal Appeals Questionnaire Page 4

5 7. Do you have judicial experience? To what extent have you practiced in the area of Civil or Criminal law? Answer: Yes. I was elected in 2012 as the judge of the 405th District Court in Galveston County, Texas. In the 405th District Court, I preside over civil and felony criminal cases. Before becoming a judge, I represented businesses (small to Fortune 500 companies) and individuals in complex commercial litigation, labor and employment law, and all other types of civil litigation. I worked for two large international law firms and had my own successful law practice. 8. What carries the greatest influence in your rulings: criminal case law, the Constitution, state statutes, or other? Answer: The Constitution is our foundational law and must have the greatest influence on all legal rulings. State statutes, however, generally have more day-to-day influence on my rulings simply because I have had very few Constitutional challenges to the applicable law. Most of my rulings involve the application of state statutes. 9. What has been your greatest accomplishment in your legal career? In your personal life? Answer: The greatest accomplishment in my legal career is defeating a 12-year incumbent, liberal, activist judge to become the judge of the 405th District Court and then transforming that court into the most efficient, most effective district court in Galveston County with the lowest backlog. The greatest accomplishment in my personal life is marrying the most wonderful man and raising two incredible daughters together. 10. Do you believe that voluntary professional and community service is a necessary commitment for persons holding public office? What forms of voluntary professional and community service have you been involved with in the past? Currently? Answer: Absolutely. Public servants need to be out in the community that they serve. They should be available and accessible to the public. Over the years, I have been involved in extensive community service with dozens of organizations. I have dedicated thousands of volunteer hours and every year I give thousands of dollars to religious, civic, charitable, and political organizations. The groups in which I have actively participated as a volunteer (rather than just donating money or being a paying member) over the past year are: Clear Creek Community Church, the Rotary Club of Galveston, the League City Lion s Club, the Galloway School, Senior Share of Galveston County, the Galveston County Crisis Pregnancy and Parenting Support Center, and various Hurricane Harvey relief efforts CCHC-PAC Texas Court of Criminal Appeals Questionnaire Page 5

6 11. Are you a constitutional conservative? If yes, what does that mean to you? Answer: Yes I am. Like Justice Clarence Thomas, I am a Constitutional Conservative and an originalist. The United States Constitution, the way the Framers wrote it with its original meaning and intent, is the Supreme Law of the Land. As a result, judges are not legislators. Judges must solely interpret and apply duly-enacted, constitutional laws the way the legislature wrote them with their original meaning and intent. I will always review and assess every case with this philosophy. I will never legislate from the bench. In addition, I believe a judge should be efficient, effective, transparent, and mindful that they are public servants. My track record as a judge reflects that I live by this philosophy and I will continue to do so. I believe that my judicial philosophy will have a positive and muchneeded impact on the Court of Criminal Appeals. I believe that I can persuade my colleagues to avoid judicial activism, provide more transparency (which will also help to ensure that there is less judicial activism), and find ways to make the Court more efficient. 12. Does the US Supreme Court have unlimited power in interpreting the US Constitution, or do you believe that they are bound by certain rules of interpretation? Please explain. Answer: No, the Supreme Court does not have unlimited power. In fact, the Constitution makes it clear that Congress can limit the Supreme Court to a single justice and can restrict the Court s jurisdiction to hear only specific types of cases. Regarding the Court s interpretation of the Constitution, the Framers made it clear that the Constitution is not a living document. Therefore, the Court must strictly construe the plain language of the Constitution giving it its original meaning at the time it was written. Congress has the power to impeach any justice who does not. Art. III, Sec. 1 of the Constitution provides that judges shall hold their offices during good behavior. The Constitution allows impeachment for high crimes and misdemeanors. The founders defined misdemeanors as offenses for which no legal code exists. These included things like attempts to subvert the Constitution through misinterpretation or other methods. Therefore, Congress can impeach any federal judge, including a Supreme Court justice who serves as an activist. 13. Do judges have the authority to interpret statutes and the Constitution by deferring to public policy without first applying the plain meaning of the text? Please explain. Answer: Absolutely not. We have three branches of government to serve as a check and balance on each other. The role of the legislative branch is to create the law. The role of the judicial branch is to interpret and apply the law that the legislative branch has enacted. A judge who defers to public policy instead of applying the plain meaning of the law is crossing the line and is acting as a legislator. If public policy demands a change in the law, it has to be left to the legislative branch to fix CCHC-PAC Texas Court of Criminal Appeals Questionnaire Page 6

7 14. What ideas do you have to improve the efficiency of the Court of Criminal Appeals System to reduce case backlog and better serve the public? Answer: Unfortunately, I cannot answer this question regarding efficiency because the Court of Criminal Appeals lacks transparency. I will need to be elected and in the position in order to fully address the transparency and the efficiency issues. My record as a district judge, however, demonstrates that I will look for and implement ways to make the Court as efficient as possible without sacrificing justice. 15. What do you think are the most important aspects of the Court of Criminal Appeals that voters should be aware of? Answer: Voters should be aware of the fact that our criminal justice system is being abused and manipulated by those who seek revenge on others and want to punish those with differing political viewpoints and positions. This use of our criminal justice system for political gamesmanship is increasing. Ordinary citizens lives and liberty are being threatened and, in some cases, lost solely because they exercised their constitutional right to freedom of speech and dared to speak out or work against someone with political power. Those types of cases often wind up in the Court of Criminal Appeals. Voters must ensure that we have as many constitutional conservatives on the Court of Criminal Appeals as possible to help safeguard against such horrific abuse. Questions relate to your viewpoints from a VOTER s point of view only. (They may or may not have any relation to your judicial philosophy and judgment.) I AM ANSWERING ALL OF THE FOLLOWING QUESTIONS SOLELY AS A VOTER. AS A JUDGE, I STRICTLY CONSTRUE AND APPLY THE LAW AS IT IS WRITTEN WHETHER I LIKE IT OR NOT. IF THERE IS A CASE OR AN ISSUE WHERE I CANNOT BE FAIR OR CANNOT OTHERWISE DO MY JOB AS A JUDGE, I RECUSE MYSELF. 16. As a voter, what are the main social conservative values that you look for when voting for federal congressional candidates (House and Senate races)? Answer: I am happy to answer this question one-on-one in a nonpublic forum CCHC-PAC Texas Court of Criminal Appeals Questionnaire Page 7

8 17. As a voter, what are the main fiscal conservative values that you look for when voting for federal congressional candidates (House and Senate races)? Answer: I look for candidates that understand: (a) that our federal government has grown well beyond what the Founding Fathers intended; (b) the federal government needs to be much smaller, levy fewer taxes, and spend less; and (c) the government needs to do away with or at least reform most of the entitlement programs. America is supposed to be the land of opportunity where we teach people to fish so that they can provide for themselves and their families for the rest of their lives. BY RETURNING THIS QUESTIONNAIRE, THE CANDIDATE ASSUMES FULL RESPONSIBILITY FOR ALL ANSWERS TO THIS QUESTIONNAIRE. THE ANSWERS ON THE FOREGOING REFLECT THE CANDIDATE S BEST EFFORTS TO ANSWER THIS QUESTIONNAIRE HONESTLY AND DIRECTLY. PLEASE SAVE YOUR COMPLETED QUESTIONNAIRE TO YOUR LOCAL MACHINE IN THE EVENT THAT THERE ARE ANY TECHNICAL PROBLEMS WHEN YOU ATTEMPT TO IT BACK. Once this questionnaire has been completed, please it to: alex@cchc-pac.org * Please note: You must return your questionnaire from the address to which it was sent. Questionnaires returned from any other address will be considered fraudulent and will not be recorded and no answers will be published in the voter s guide. CCHC-PAC deems a return from the proper address as authentication of the correct respondent CCHC-PAC Texas Court of Criminal Appeals Questionnaire Page 8

9 JUDGE SLAUGHTER S CURRENT ENDORSEMENTS INCLUDE: CONSERVATIVE GROUPS: Empower Texans Texas Right to Life Texas Homeschool Coalition Conservative Republicans of Texas (Dr. Steven Hotze) Texas Conservative Review (Gary Polland) Lone Star Liberty Hispanic Republicans of Texas Katy Christian Magazine Fort Bend Christian Magazine Link Letter (Terry Lowry) REPUBLICAN LEADERSHIP: Dr. Robin Armstrong, Republican National Committeeman for the State of Texas Dennis Cable, State Republican Executive Committeeman, SD 1 Vicki Slaton, State Republican Executive Committeewoman, SD 2 Chris McDonald, State Republican Executive Committeewoman, SD 6 Karl Voigtsberger, State Republican Executive Committeeman, SD 8 JT Edwards, State Republican Executive Committeeman, SD 11 Tanya Robertson, State Republican Executive Committeewoman, SD 11 Fernando Trevino, Jr., State Republican Executive Committeeman, SD 14 Terri DuBose, State Republican Executive Committeewoman, SD 19 Scott Stratton, State Republican Executive Committeeman, SD 19 Naomi Narvaiz, State Republican Executive Committeewoman, SD 21 Randan Steinhauser, State Republican Executive Committeewoman, SD 24 Fred Rangel, State Republican Executive Committeeman, SD 26 Lisa Sprinkle, State Republican Executive Committeewoman, SD 29 Mark Dunham, State Republican Executive Committeeman, SD 29 Becky Berger, Texas Federation of Republican Women board member and former State Republican Executive Committeewoman SD 18

10 Mike Robertson, President of Clear Lake Area Republicans and Harris County Precinct Chair Sheryl Berg, Former State Republican Executive Committeeman, SD 6 Bonnie Lugo, Harris County Republican Party Precinct Chair Walter West, II, Harris County Republican Party Precinct Chair Bob Hall, Harris County Republican Party Precinct Chair and RPT Volunteer of the Year Steve Williams, Harris County Republican Party Precinct Chair Alicia Youngblood, Galveston County Precinct Chair Katrina Evenhouse, Galveston County Precinct Chair Diane Brodie, Galveston County Precinct Chair Tanya Beltran, Galveston County Precinct Chair Tanya Kloesel, Galveston County Precinct Chair Melissa Mueller, Galveston County Precinct Chair K.C. Broyles, Galveston County Precinct Chair Carol Dean, Galveston County Precinct Chair Scott Guzman, Galveston County Precinct Chair H. Scott Apley, Galveston County Precinct Chair & SD 11 District Chairman for Galveston County ChristyAnne Dickson, Galveston County Precinct Chair and Executive Director of the Galveston County Pregnancy and Parenting Support Center Jared Woodfill, President of Conservative Republicans of Texas, PAC and Former Chairman of the Harris County Republican Party Cathie Adams, Former Republican Party of Texas Chair and Former President of Texas Eagle Forum Mike Bergsma, Republican Party Chairman, Nueces County TEA PARTY LEADERSHIP: Julie McCarty, NE Tarrant Tea Party Heidi Hansing, Co-Founder, Wheelchairs for Warriors Crystal Laramore, Co-Founder, Wheelchairs for Warriors Suezette Griffin, Pearland Tea Party President & Clear Lake Tea Party Executive Board Member Dale Huls, Clear Lake Tea Party Executive Board Member Mary Huls, Clear Lake Tea Party Executive Board Member Robert Gonzalez, Co-Founder of the Clear Lake Tea Party Lisa Gonzalez, Co-Founder of the Clear Lake Tea Party Geri Bentley, Co-Founder of the Clear Lake Tea Party and 2017 RPT Volunteer of the Year PUBLIC SERVANTS: Senator Bryan Hughes, Senate District 1 Briscoe Cain, State Representative, District. 128 Mike Lang, State Representative, District 60

11 Valoree Swanson, State Representative, District 150 Cole Hefner, State Representative, District 5 Matt Rinaldi, State Representative, District 115 Jeff Leach, State Representative District 67 Jimmy Fullen, Constable, Galveston County Phil Sandlin, Constable, Harris County Joe Guisti, Galveston County Commissioner Darrell Apffel, Galveston County Commissioner Sheriff Rodney Arbuckle, DeSoto Parish, LA Anthony Ricciardelli, Plano City Councilman Jeff Wagner, Mayor, City of Pasadena REPUBLICAN AND TEA PARTY ACTIVISTS: Dr. Steven Hotze Mayes Middleton, Board Member Empower Texas Foundation, former Board Member Texas Business Leadership Council and Texas Public Policy Foundation (in his individual capacity) Karen Marsalis Al Hartmann Terry Lowry Norma Jeter Benny Gordon Angela Singletary Betty Fallert LAW ENFORCEMENT ORGANIZATIONS: P.O.L.I.C.E, Inc. (Police Officers Looking Into Courtroom Excellence) C.L.E.A.T. (Combined Law Enforcement Association of Texas) Houston Police Officers Union Galveston Municipal Police Association

12 ELECT REPUBLICAN Conservative. Effective. Experienced. Texas needs a Real Republican and a True Conservative for the Texas Court of Criminal Appeals, Place 8. I would be honored to have your vote in the March 6, 2018 Republican primary (Early Voting February 20 - March 2, 2018). Let s work together to safeguard the future of Texas. - Judge Michelle Slaughter As Judge, Texas Court of Criminal Appeals, Place 8, Judge Slaughter pledges to serve as your Constitutional Conservative Judge who will: Strictly adhere to the original language of U.S. and Texas Constitutions; Interpret and apply our Texas law, the way our Legislature intended; Promote efficiency and effectiveness in the Court; Ensure that justice is served in the great State of Texas.

13 Judge Slaughter was elected in 2012 despite having three opponents, including the 12-year incumbent judge. In 2016, Judge Slaughter was challenged by two Republican primary opponents. Based on Judge Slaughter s hard work, accomplishments, proven conservative values, and tough but fair reputation, she handily bested these opponents and received over 73% of the primary vote. She was the top vote-getter in a contested race in Galveston County. In the 405th District Court, Judge Slaughter: Transformed the 405th from the least efficient, least effective, and biggest backlog (under the previous judge) into the most efficient, most effective, and lowest backlog in Galveston County. Disposed of thousands of felony criminal cases ranging from state-jail felonies to first degree felonies and capital murders. Dispensed justice in every case whether that was deferred adjudication for first-time, non-violent offenders capable of rehabilitation or 99 years in prison for violent or repeat offenders or child predators. Presided over more jury trials than any other Galveston County district judge over the last 5 years. Saved tax payers thousands of dollars every year through efficiency and by implementing cost-saving measures. Judge Slaughter s Constitutional Conservative Values Lifetime NRA Member (was even Vice President children and unborn babies; of the Gun Club in college) and strong advocate Promotes transparency, public awareness, and for our 2nd Amendment rights; First Amendment rights; Proponent and supporter of Pro-Life Believes in preserving our history and learning organizations such as local pregnancy centers; from it. Actively works to protect the lives and rights of About Judge Slaughter Judge Slaughter is a second-generation native Texan, born in Fort Worth, Texas. She is happily married to her best friend and college sweetheart, Ed Walsh, a NASA engineer. Together they have two beautiful daughters, Hazel and Laila, a Great Pyrenees rescue dog, Dagney, and two rescue cats, Pinky and Sal. The family attends church at Clear Creek Community Church in League City, Texas where Judge Slaughter has spent several years volunteering as a greeter. Education and Honors J.D., cum laude (top 15%), University of Houston Law Center Mediation Certification, A.A. White Dispute Resolution Center B.A., magna cum laude, University of Houston Rising Star, Super Lawyers edition of Texas Monthly Magazine Rotary Club Paul Harris Fellow Lion s Club Century Club Key Holder Judge Slaughter believes in being very active in serving her community on and off the bench. Judge Slaughter is endorsed by law enforcement, Republican and Tea Party activists, Republican and non-partisan elected officials, and community leaders. For more information and to see who s supporting Judge Slaughter, go to: JudgeMichelleSlaughter.com G pd pol ad Michelle Slaughter Campaign, Holly Rumbaugh, Treasurer, P.O. Box 3384, Galveston, TX 77552, in voluntary compliance with the Fair Campaign Practices Act