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On Winning Texas


by: Michael Hurta

Mon Sep 10, 2007 at 03:35 PM CDT


There has been a lot of talk and hope that Texas Democrats can finally win a statewide race again for the first time in 14 years this coming cycle, but almost all of that talk seems to be focused around John Cornyn and his vulnerabilities.  This is not something that I want to talk about today.

I have two primary reasons that I will not talk about this campaign right now.  The first is that they already receive a heavy amount of analysis, criticism, and optimism: there is so much that I feel I cannot fairly add to any of it fairly right now.  (I am also already decidedly a Noriega supporter, and therefore such an article would already be bias in that direction.)

Secondly, though; it is my belief that those are the two statewide positions in which the party that holds the seat cannot say they are a very strong force in the state.  They are high profile positions that, thanks to that high publicity, allow voters to more easily factor in the assets and vices of individual candidates as opposed to only party-lines.  For example, the Democrats won the 1996 presidential elections due to the candidate they had on the ticket, for they certainly did not hold the nation (as the Congressional numbers clearly showed).  It is certainly a starting point to win a Senate seat or a Governor's seat, but I think if we can win more it would show that Texas is truly once again coming to our side.

In 2008, the U.S. Senate seat is not the only statewide office up for grabs.  For those who aren't political fanatics (as most of you probably are), we have some statewide justice positions available, too.

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So far, though; the excitement about these races among the Democratic party seems unbearably thin compared to Mr. Cornyn's seat.  Clay Robison criticized the fact that we had two people (Susan Criss and Linda Yanez) announced to vie for the same Supreme Court seat.  This is clearly a problem.  As Robison pointed out, there are two other Republican Supreme Court justices (Wallace Jefferson and Dale Wainwright) who are up for reelection yet have drawn no opponents.  On top of that, I know of no Democrats who have announced to run for the state's Criminal Court of Appeals, which Texas Monthly has once called "Texas' worst court."

Here I feel compelled to express disappointment in Ms. Yanez's political decision.  In the past, activists both nationwide and statewide have supported a "Run Everywhere" theory, but in Texas it seems that has only appealed to those wanting to run for local seats.  Such should not be the case.  With multiple statewide judge positions available, Yanez should probably be running somewhere else, especially because primary competition in a lower-profile race like this is not necessarily a good thing and because Yanez received funds from Mikal Watts, who claimed to have influence in her court due to financial contributions to court members, in her previous Supreme Court race.  Yanez would be much better suited for a race at the Criminal Court of Appeals, and since we have had a candidate for Phil Johnson's seat campaigning already for a significant period of time, it would be much more beneficial to the party to have her spend her resources elsewhere.

My criticisms of Linda Yanez here, I would hope, could be thoughts useful to other prospective candidates.  With the potentially small amount of money available for a court race, Democrats' best chance would be to have a Democrat campaigning for each of the seats in the general election instead of only a few of the seats in the primary season.

It is also notable that with a strong effort in every statewide judge seat, each Democrat can work together.  I highly doubt we will be nearly as effective with only one or two candidates running for this genre of electoral seats.  I highly doubt, for example, that the new Dallas County judges would have stood a chance if there were only a few of them interested in candidacies.

Often, when I hear people talk of the 2008 Senate race, I hear Democrats claim that Texas is leaning towards the party.  However, we don't seem that confident yet.  The only way to be confident about that is to at least give an impression that we think we can win any of the statewide seats, not just one or two of them.

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On Winning Texas | 28 comments
More importantly (0.00 / 0)
we will likely only win one or two if we actually compete on a broader scale.

Christian Liberal is NOT an oxymoron.

In what ways do you know of is Linda Yanez (0.00 / 0)
better for Court of Criminal Appeals?

Can we have some sort of citation.


It's his opinion (0.00 / 0)
Again, Jose, it's his opinion. You're a writer on BOR, and you know we don't have to document every single sentence we write.

If you want to dispute an opinion of one of our writers, by all means do so. But stop clamoring for endnotes on these posts. We've never done that and you know it.

Now, a very great man once said that some people rob you with a fountain pen.


[ Parent ]
Jose (0.00 / 0)
You haven't written anything for the BOR front page since April/May. If you want to be a writer, please write and don't criticize other people's analysis when they actually bother to write for the front page. You're a better analyst than that.

Please read the Community Guidelines and How to Rate Comments.

[ Parent ]
OK so first you trash Linda Yanez (0.00 / 0)
then you go after Jose.  Must be beat on mexican day at BOR.

Pretty disgusting.


[ Parent ]
Excuse me? (0.00 / 0)
I never said anything about Linda Yanez or Susan Criss.

And seeing that Jose has been given the privilege to write  on the front page, it's totally within my bounds as Publisher or Phillip or Matt to address his comment in such a manner. I don't see what that has to do with ethnicity?

Maybe you'd like me to go into detailing your use of multiple sock puppet accounts on this site to reply to yourself?

Please read the Community Guidelines and How to Rate Comments.


[ Parent ]
If that's the case (0.00 / 0)
and we don't want competition in the Democratic primary maybe Rick Noriega should have stayed out of the Senate race. Hey, I agree it would be nice to actually have decent candidates for every available seat but it's not necessarily a first come, first served type of deal. Democrats have some great potential candidates for judicial races but every election year, it's "let's wait until the next election cycle." We're going to sit on the fence so long, we'll castrate the party. Isn't there a Railroad Commission race this time too? Where are our Democrats clamoring for this post. The party needs to do a better job of recruiting candidates and setting up a farm team.

that's what primaries are for (0.00 / 0)
anyone with the filing fee and an opinion should be allowed to run.

we need the strongest, most capable Dems as possible on the November ballot. the most effective way to get that is through the rigors of a primary....but i understand what you're saying.

the only thing that sucks about it is the money. i hate to waste money in primaries that we need in the General, but i've never met a candidate that became a better candidate by running unopposed for the nomination.


In response to colin and straydawg (0.00 / 0)
My idea of a non-primary is mainly here in judicial races when there are equal seats available.  I agree primaries are useful and important, but why run competitive primaries when we don't have candidates in all the same type of seats?  In a small local club, if there were two non-descript vice president positions open and a candidate was running for the first position and no one besides him and yourself wanted the job, why would you run against him?  Wouldn't you run for the open seat?  To me, it only makes sense.

In the case of the Senate race; Both Watts and Noriega are running for the same seat because they want the top of the ticket.  There is no equal seat that the other can run for.  I think they both should be running and I have no qualms with either of them doing so. 
And with a decent candidate and any significant sum of money, the Senate race will get media attention in the general, while the judicial races won't necessarily get the same attention unless the candidate was undeniably amazing.  So in judicial races, our candidates are going to need all the money they can get for the general, and they won't have as much if they have to use a bunch to win a primary.

"Let us tenderly and kindly cherish therefore, the means of knowledge. Let us dare to read, think, speak, and write."  -  John Adams


RE: Amen (0.00 / 0)
Amen to the fact that contested primaries usually make for better General election candidates.

"Be kind to dogs - and vote Democratic!" -Senator Tom Eagleton

WTF... (4.00 / 2)
Yet another attack article on Linda Yanez! Seriously? 

I have no horse in this race whatsoever, but it seems like this blog seriously wants to attack a good sitting Democratic judge with COMPLETELY FALSE AND FABRICATED CHARGES! 

Let's rename this journal entry "How to Screw Over a Great Woman With Innuendo and Lies".  This has NOTHING to do with winning in Texas.

And, for the record, if Susan Criss endorses these tactics then I'm most certainly not voting for her in this primary.


I'm really just disappointed that she didn't run for another position (0.00 / 0)
I'd like to know why she is running for this seat as opposed to another judicial seat

"Let us tenderly and kindly cherish therefore, the means of knowledge. Let us dare to read, think, speak, and write."  -  John Adams

[ Parent ]
You might want to check with the Boyd Richie about whether (5.00 / 1)
Judge Criss or Justice Yanez was the first candidate who contacted the party about running for place 8.  I have heard from party staff that it was Yanez, but you should double check.  I understand that this is an issue that Boyd had devoted some time and attention to (naturally). 

Besides, if we really believed that the first person who announces publicly gets a free pass in the primary, we wouldn't have the Noriega campaign!


[ Parent ]
I was trusting the Robison article there... (0.00 / 0)
And I don't believe in free rides all the time.  It wouldn't entirely be beneficial for both Watts and Noriega (and the party) if one of them ran for another seat or office somewhere.

However, it would be more beneficial if Yanez or Criss (for the time being, I'll go with Yanez) to run for say...another Supreme court seat?

"Let us tenderly and kindly cherish therefore, the means of knowledge. Let us dare to read, think, speak, and write."  -  John Adams


[ Parent ]
Actually, I'm glad Justice Yanez is running against Johnson in place 8. (0.00 / 0)
The three positions open are Wallace Jefferson, Dale Wainwright, and Phil Johnson.

Most people I talk to say to beat Jefferson we'd need someone with name identification higher than the sort of recognition that any judge is likely to have.  Maybe someone like Chris Bell or Barbara Radnofsky would have high enough name identification after their past campaigns.  I am skeptical that either Judge Criss or Justice Yanez would have a very strong chance to beat Jefferson.

But Johnson and Wainwright are both vulnerable. 

Wainwright is generally considered the worst judge from what I hear because he decided some case last year that was so insanely wrong that even Jefferson, his own Republican collegue on the court, said that Wainwright overstepped all bounds of judicial discretion.

You would think that this would give either Justice Yanez or Judge Criss as good opening to run against Wainwright given the fact that even Wainwright's own Republican collegues basically called him out as a political hack.

But ... Justice Yanez is an appellate judge who writes legal opinions and, by coincidence, Justice Yanez was the same judge who wrote the appellate case which caused Jefferson and some other Republican judge on the court to call Wainwright a political hack.  So if Justice Yanez is running against Wainwright it just looks personal, but if Judge Criss was running against Wainwright, she could make a ton of political hay with the issue.  My understanding is that this was one of the reasons that some people inside the party were encouraging Justice Yanez to run against Johnson so that Criss could run against Wainwright.

In either case, Justice Yanez is the first Latina who ever served as an appeals court judge in the history of Texas, and she ran for place 8 on the Texas Supreme Court back when everyone knew that it was a really tough challenge because Bush and his war were still somewhat popular here in Texas.  I think that earns the right to run in whatever race you choose (especially when the party has encouraged you to run in that specific race).  I'm not saying that Judge Criss ought to choose another race, but I don't think anyone ought to take issue with Justice Yanez's choice when she worked to earn that right to choose.

I think either Justice Yanez or Judge Criss would be an improvement over anyone currently on the court. 

Besides, I really like Justice Yanez's chances because she is the several-term incumbent for a judicial district that includes Aransas, Bee, Calhoun, Cameron, De Witt, Goliad, Gonzales, Hidalgo, Jackson, Kenedy, Kleberg, Lavaca, Live Oak, Matagorda, Nueces, Refugio, San Patricio, Victoria, Wharton, and Willacy counties.  That's one hell of a big base!


[ Parent ]
4 Fresh Faces: (0.00 / 0)
Noriega, Watts, Criss, and Yanez are fresh new faces running for important statewide offices. How wonderful! I am looking forward to voting next March.

John McCain is not a moderate.

I'm glad we have a choice in the primary. (1.00 / 1)
Justice Linda Yanez is a very progressive choice.  Here is some background on Justice Yanez:
Campaign website
Some non-campaign notices: Tejano Voices

Judge Criss is a more moderate choice.  Here is some background on Judge Criss:
Campaign website
Some non-campaign notices: Texas Lawyer


thanks for that basic assesment (0.00 / 0)
It will be useful in the primary, which I say that we are unfortunatly having at this point.  But it will be useful to know.

"Let us tenderly and kindly cherish therefore, the means of knowledge. Let us dare to read, think, speak, and write."  -  John Adams

[ Parent ]
Susan Criss would be great on the Court of Criminal Appeals (0.00 / 0)
I hadn't thought about it until you mentioned the Court of Criminal Appeals in your diary entry, but Judge Criss would be great on the Court of Criminal Appeals.

Judge Criss is best known for her work on the Robert Durst criminal case:

http://query.nytimes...
http://www.courttv.c...
http://www.cbsnews.c...
http://www.msnbc.msn...
http://www.crimelibr...
http://www.courttv.c...
http://galvestondail...
http://abclocal.go.c...
http://blog.kir.com/...
http://www2.co.galve...

Judge Criss got TONS of press over the Durst criminal case, and she'd be great on the Court of Criminal Appeals

Judge Criss has been campaining hard since April (5.00 / 1)
You have to wonder about Texas Bob's motivation in repeating or creating the rumor that TDP staff have said that Yanez contacted the party first about running for place 8.  Obviously, someone is either lying or attempting to assert a personal agenda.

The truth is both Emmett Shephard, then President of the Texas AFL-CIO and TDP Chair Board Richie approached Judge Criss at a STEC meeting in April and asked her to run for the Texas Supreme Court.  Two days later after consulting with her friends and contacts around the state Judge Criss notified Mr. Shephard and Mr. Richie that her answer was yes and that she planned to run for Position 8.

I do agree with Texas Bob on one thing.  It really doesn't matter when Yanez or Criss made their decision to run.  They are both entitled to seek any position they choose and either one would be a tremendous improvement over any Judge presently on that court. 

I know Judge Criss agrees with this and I have heard her say that she would rather have Yanez as a running mate than as an opponent. 

Judge Criss started her campaign for position 8 early.  She has literally traveled all over the state already.  She is working hard and she plans to win.  She is committed to running a positive campaign which I believe will be successful in both the Primary and the general election.  Judge Criss is the best choice to defeat her Republican opponent in the General Election. 


LOL!!! (3.00 / 1)
She is committed to running a positive campaign and yet her campaign's consultants openly attack her opponent?!!?  REALLY!??!  Like, SERIOUSLY!?!?!?  You guys expect that to fly!  Either she's the most out of touch candidate EVER (letting her consultants do whatever they please) or she's lying about the positive campaign part.

Furthermore, if she's not willing to go negative in a general election, she won't win.  Period.  End of story.

Out of curiosity, why can't CRISS run for a different place on the court of the court of crimal appeals?  Texas Bob has outlined why Yanez would be best served in running for the seat she's running in. It sure sounds logical to me.


[ Parent ]
Which campaign consultant are you talking about? (0.00 / 0)
I really want to know that.  I've never even mouthed support specifically for the Criss campaign, so I know you aren't talking of me.

"Let us tenderly and kindly cherish therefore, the means of knowledge. Let us dare to read, think, speak, and write."  -  John Adams

[ Parent ]
An interesting point about the supreme court race (3.00 / 1)
I'm not sure exactly what this means, but it seems interesting:

In 2002, the last time Judge Linda Yanez ran for the Texas Supreme Court, there were 5 Democratic candidates seeking 5 different nomination for the supreme court and 4 Democratic candidates for the 3 spots up on Court of Criminal Appeals (one of those races was contested). 

I would have expected that all of the Texas Supreme Court candidates running uncontested would have received the same vote.  But they didn't -- Judge Yanez got the most primary votes of any of those (great) Democratic candidates:

Supreme Court

674,590 - LINDA YANEZ
651,305 - MARGARET MIRABAL
645,641 - JIM PARSONS
644,340 - WILLIAM E. MOODY
609,458 - RICHARD G. BAKER

Court of Criminal Appeals

653,326 - J.R. MOLINA
631,802 - JOHN W. BULL
500,327 - PAT MONTGOMERY (contested race)
227,956 - JULIUS WHITTIER (contested race)


Like I said, I don't know what this means specifically, but it seems noteworthy.

One way to interpret this is to conclude that Justice Yanez's (0.00 / 0)
candidacy is good for Rick Noriega's candidacy.

Justice Yanez's vote advantage ranges from about 23,000 additional votes she won as compared to the votes for Justice Mirabal up to about 65,000 additional votes Justice Yanez won as compared to Rich Baker.  I conclude from this that Justice Yanez has a devoted constituency. 

Likewise, it is noteworthy that the Democratic statewide judicial candidate who had the next most primary votes after Justice Yanez is J.R. Molina.  It seems more than a coincidence that both Justice Yanez and Molina share identifiably Hispanic last names.

I read these numbers to indicate that the more Justice Yanez's candidacy thrives, the more likely it is likely to draw out even more of the Hispanic vote which may tend to vote in some other races based in part on the identifiably Hispanic last name of the candidates.

I'm not surprised by this factor given that Justice Yanez is Texas' first female Hispanic court of appeals judge and she has lots of recognition and awards from the Mexican American Bar Association of Texas, Hispanic Bar Association, and the Mexican American Legal Defense and Education Fund.


[ Parent ]
Primary votes don't win General Elections (0.00 / 0)
I am not sure how this dialogue about Yanez' performance in an uncontested Primary in 2002  is relevent to the debate regarding Yanez vs. Criss but in the interests of completeness I thought it would only be fair to point out how Judge Yanez performed in the 2002 General Election.  Of the five democratic supreme court candidates she had the fourth lowest total percentage of vote and the third lowest total number of votes. 
Mirabal  1,978,081  45.90%
Moody  1,860,251  43.23%
Parsons  1,815,354  41.88%
Yanez  1,815,581  41.54%
Baker  1,774,242  40.50%

Additionally, in 2004 Justice Yanez had a republican opponent challenge her for her position on the 13th Court of Appeals in her strong democratic district.  Here are the results:
Democrat Yanez  211,636  52.82%
Republican Cuellar  189,021  47.17%

Feel free to draw your own conculusions but in the interest of fairness consider Judge Criss' electoral preformance.  She has soundly defeated every democratic primary and every republican general election opponent she has ever faced.  In her first campaign after winning a contested primary she unseated a sitting republican district court Judge who had been appointed by the previously popular Govenor George W. Bush.

Judge Criss has been campaigning hard state wide for the position 8 seat and has been making progress everyday for the past 4 months.  It is not fair and it is not necessarily better for the party to ask Judge Criss to move over just because Justice Yanez has recently decided that she also wants to run for position 8.  Justice Yanez could benefit the party by seeking one of the other state wide judicial positions available on the democratic party ticket. 


Since you ask "I am not sure how this dialogue about Yanez' (0.00 / 0)
performance in an uncontested Primary in 2002  is relevent," I'll tell you why it struck me as interesting and leave it for other to decide whether its relevant.

If you look at the general election totals, you have to consider that the different Democratic nominees were each running against different Republican nominees (some stronger -- like Tom Phillips -- and others weaker -- Steven "Crazy" Smith). 

Even more importantly, if you look at general election numbers you have to remember that some races were two-party elections and others were three way races where either a Green Party candidate or a Libertarian candidate reduced the vote totals and percentages for the Democratic nominee. 

If someone were to just look at the numbers you mentioned above, and no other information, that person might think that Mirabal and Moody did "better" than Parsons, Yanez, and Baker because they got more votes and a higher percentage of votes. 

The error of any such conclusion becomes apparent when it comes to light that only Mirabal and Moody were involved in two-party races and the other three candidates were in three party races where the vote was divided among three candidates instead of just two.  That explains a lot in terms of the general vote discrepancy.

The next thing to keep in mind is that Parsons ran against a Green Party candidate who did more poorly than the Libertarians who ran against Yanez and Baker.

Finally, Justice Yanez ran against Quanah Parker, a candidate somewhat famous in Libertarian circles, and Parker drew quite a few more votes than the other third-party candidates running for supreme court.

In short, it is difficult to compare general election vote totals because the 5 races were quite different.

One could do the same sort of analysis for Judge Criss' past vote totals.  One could just post numbers from 2006:

Criss - 34,476
Yarbrough - 41,084

It looks like Criss didn't do as well, but that would be misleading because there were two candidates in Criss's race and only one in Yarbrough's.

You could only compare two-party judicial races in Galveston:

Criss '06 - 34,476
Venso '04 - 49,693

Again, it would appear that Criss didn't do as well, but that would be comparing apples and oranges because the elections were from different years.

You could even factor out the different year and just compare numbers from two-candidate races on the same ballot:

Carmona - 30,132 (56.54%)
Criss - 29,060 (54.18%)

But even this comparison does not take into account whether Criss's opponent was stronger or weaker than Carmona's

Comparing the varying amounts of the undervote among 5 uncontested candidates on the same Democratic primary ballot, on the other hand, allows an apples to apples comparison.

Of course, anyone would expect some degree of undervote for the uncontested primary races, but variations in the amount of undervote from candidate to candidate may tell us something.

I leave it to you to decide for yourself what it tells us.


[ Parent ]
One more point I forgot to include: (0.00 / 0)
You say that "Justice Yanez had a republican opponent challenge her for her position on the 13th Court of Appeals in her strong democratic district."

Actually, the Rio Grande Valley up remains strongly Democratic, but the San Patricio-Victoria-Wharton area in that district is growing and it is not at all Democratic.

In 2004, Judge Linda Yanez beat Alicia Cuellar 211,636 (53%) to 189,021 (47%). 

Compare that to 2006 where the only position on the court which was contested in the general election saw Republican Judge Rose Vela beat incumbent Democrat Federico Hinojosa by 128,901 votes (53%) to 112,126 votes (47%).  This is no longer a "strong democratic district."

Here is another number which is even more impressive (at least, it seems more striking to me):

In 2004, Judge Yanez won with 53% of the vote. 

That year, there were 26 appellate court positions up for election, including several where no Democratic candidate ran for that position. 

Out of those 26 possible races, Judge Yanez's 53% of the vote was the highest percentage for any Democratic candidate for any court of appeals candidate on the whole ballot (and it goes without saying that her 53% was better than the Democrats running for supreme court and court of criminal appeals).

You seem to suggest that Judge Yanez's performance in 2004 was weak.  To the contrary, Judge Yanez's performance in 2004 was the strongest performance of any Democratic appellate court candidate on the whole ballot.


[ Parent ]
Bring it on! (0.00 / 0)
I stand as a strong supporter of Susan Criss in her pursuit of seat 8 on our Texas Supreme Court and look forward to the race against Linda Yanez. It seems as though Linda Yanez as well as those in her camp are upset but more importantly fearful of Judge Criss' decision to run for place 8.

THEY SHOULD BE!

Judge Criss is a great candidate, a great judge, a great campaigner, but most importantly A GREAT PERSON, and the state of Texas will show Linda Yanez and her camp just that, come the primary. 


On Winning Texas | 28 comments
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