Ten days after being repudiated by Travis County voters, Jeff Rose has been selected by Governor Rick Perry to fill a seat on the Third Court of Appeals. The seat became vacant when Republican Alan Waldrop resigned two years before his term was set to expire.
Rose was defeated on November 2 by Democrat Tim Sulak. The Third Court will have four Republicans, including the recently elected Melissa Goodwin, who defeated Kurt Kuhn, a Democrat who had attracted high-profile support from former Republican State Supreme Court Justices.
Rose will likely be a top Democratic target in 2012. Kuhn, a far more qualified candidate than Goodwin who found himself caught up in the Republican wave, could be a strong candidate against Rose in two years.
What do Rose and Goodwin share in common? Besides their new jobs on the Third Court of Appeals, they also were both Perry appointed Travis County District Judges who lost handily when they were forced to face the voters (Goodwin was soundly defeated by Jim Coronado in 2008). The Third Court of Appeals, once one of the state's most respected courts, has certainly seen better days.
Prominent Republicans hosted a fundraiser last week for Kurt Kuhn, Democratic nominee for Justice on the Third Court of Appeals. Former Texas Supreme Court Chief Justice Tom Phillips, former Justice Craig Enoch, and former Justice Scott Brister publicly endorsed Kuhn in July and were among the hosts for last week's event at the Headliners Club.
Former Chief Justice Phillips introduced Kuhn to the guests, remarking on the unusual nature of the occasion. "I'm sorry to say that it is considered newsworthy that we are here tonight endorsing the best qualified candidate. In every judicial race, we should endorse and support candidates based on their individual merit. There is no question that Kurt Kuhn is the best, most qualified candidate in this race."
Former Justice Enoch echoed Phillips' remarks: "I've always said that one must support the best qualified person for the job. In this election, that person is undoubtedly Kurt Kuhn."
Kuhn addressed the guests, noting his gratitude for the broad, bipartisan support his campaign has received. Kuhn said, "Our judicial elections have become too partisan. At the very least, it creates the perception among some people that our courts are not always impartial. It is important to me to seek bipartisan support. If I'm elected, I won't be a Democrat- I'll be a judge."
Phillips closed his remarks by saying, "We should be grateful that Kurt is willing to take his considerable talent and energy and devote them to public service."
Dubbed "Republicans and Independents for Kurt Kuhn," the event was also hosted by prominent attorneys including former Texas Solicitor General Greg Coleman, Bruce Bennett of Cardwell, Hart & Bennett, L.L.P., and Pete Winstead of Winstead PC.
Chief Justice Phillips served on the Texas Supreme Court from 1988-2004. Justice Enoch served from 1993-2003, and Justice Brister served from 2003-2009.
Democratic nominee for the 3rd Court of Appeals including Austin and large parts of Central Texas has reported raising nearly a quarter million total for this campaign to date. In the most recent reporting period covering the first half of the year, Kuhn showed $121,370.84 raised over the past six months. He reported cash on hand of $126,904.25 out of $241,520.82 total raised for his campaign.
Over the past six months, the Kuhn campaign received 423 donations from 375 individual donors, for an average of $286.93 per contribution. Overall, Kuhn has received support from 819 donors during his campaign.
Contributors to Kuhn's campaign represent all areas of legal practice, including civil attorneys, criminal defense attorneys, prosecutors, and government agency attorneys. Law firms supporting Kuhn range from the state's largest to solo practitioners. Kuhn's report also reflects that he is receiving financial support from prominent Democrats and Republicans. Notably, Kuhn received a contribution from former Supreme Court Chief Justice Tom Phillips, a Republican. Phillips recently endorsed Kuhn, as did former Supreme Court Justices Craig Enoch and Scott Brister, also Republicans.
Kuhn's opponent, repeated failed judicial candidate Melissa Goodwin raised $33, 263.16 during the last six months, bringing her total raised in the campaign to $34,458.16, or roughly 1/7 of what Kuhn has raised. Her cash on hand as of June 30 is $8,582.26, giving Kuhn a cash advantage of nearly 15 to 1.
Texans for Public Justice has filed an ethics complaint alleging Melissa Goodwin may have violated state election laws by accepting political contributions that exceeded campaign limits.
Texas' judicial campaign laws restricted Goodwin's campaign to taking no more than $5,000 from a single donor during the recent Republican Primary. Yet Goodwin's campaign reported that it accepted a total of $25,274 from Bob and Paca Goodwin of Marble Falls, Texas, exceeding the limit by $20,274.
The apparently illegal contributions may have shaped the outcome of the race for an open seat on the Austin-based 3rd Court of Appeals. Goodwin won 53 percent of the vote on March 2, defeating opponent Scott Field (who got 47 percent). The disputed $20,274 accounts for 42 percent of Goodwin's total primary expenditures ($48,587)--including the $34,400 in media buys that she initiated on February 12, 2010.
The Judicial Campaign Fairness Act limits 3rd Court of Appeals candidates from taking an aggregate of more than $5,000 in contributions from individual donors during the primary. The law defines loans from individuals as campaign contributions subject to these limits (bank loans are treated differently). The Goodwin campaign reported that it received a $25,000 loan from Bob and Paca Goodwin on January 21, 2010. Goodwin's campaign then reported receiving a $274.26 in-kind contribution from the same source on February 12, 2010. Bob and Paca Goodwin's total contributions to Melissa Goodwin's primary campaign appear to have exceeded the legal limit by $20,274.26.
Goodwin ran against Jim Coronado in 2008 in the 427th District Court in 2008 and lost handily. After voters in Travis County made a resounding statement that they do not want Goodwin to serve as their judge, she decided to run for a promotion. She is running against Kurt "Best Qualified" Kuhn (his campaign can be found here).
Last Saturday, my campaign set a single-day personal record: we visited six counties in one day. The Democratic Party held its annual county conventions, and my team drove up and down I-35, 183, 290, and 71 to visit with delegates in Bell, Williamson, Hays, Travis, Caldwell and Bastrop counties.
Now, a lot of people might wonder, "why spend a cold, rainy Saturday driving 287 miles around Central Texas?" The answer is simple: because that's what this court deserves. A court this important deserves a candidate who is willing to explain why this race matters, and ask each individual voter for their support.
So last Saturday, that's what we did. From the cafeteria of the Lockhart Junior High School to a cavernous hall at the Palmer Events Center, from Reunion Ranch in Georgetown to the Wimberley Community Center, we worked to educate voters about why this court is so important and why I am the best qualified candidate for the job. If you missed me-or I didn't come to your county-here it is in a nutshell:
The Third Court is one of the most important courts in Texas because it hears cases involving state agencies, officials, and administrative laws. As a result, it decides legal issues that impact the lives of every Texan, every day. If you care about issues such as education, energy, water, the environment, or public corruption, you need to care about the Third Court.
A court this important needs someone who knows how to do the job. I am the only board-certified appellate attorney in the race, and the only candidate with significant experience as a civil and criminal appellate advocate. My fellow attorneys voted me "Best Qualified" for the position by almost a two-to-one margin over my opponent. I am committed to ending the court's backlog and working hard to make our Third Court one that all Central Texans can be proud of.
I hope you'll check out the slide show of our campaign stops on Saturday. Thanks to everyone who attended, and thanks to all of our staff and volunteers who helped out along the way. I look forward to seeing you all again soon. In the meantime, please follow my campaign on Twitter and become a fan on Facebook, and encourage your friends to do the same.
Kurt Kuhn, presumptive Democratic nominee for the 3rd Court of Appeals, Place 4, has released his most recent campaign finance report showing that his campaign has now raised over $120,000 since filing.
On the Texas Ethics Commission report filed yesterday by his campaign, Kuhn showed $56,956.58 raised over the past six months, bringing his overall haul to $120,149.98.
"I am humbled by the support and encouragement that I have received from so many people across the district, and from leading attorneys statewide," stated Kuhn. Over the past six months, the Kuhn campaign received 204 donations from 183 individual donors, for an average of $279 per contribution. Overall, Kuhn has received support from 402 donors throughout his campaign.
Given some of the comments in my post earlier this morning about the 201st District Court race between sitting 3rd Court of Appeals Judge Jan Patterson and Amy Clark Meachum, it appears I need to write a follow up post in order to explain a couple of timeline and process points.
The first point is a timing question with regard to vacancies, seeking other seats, etc. Here are the basic points to remember- all of which are based on fact.
Jan Patterson's 3rd Court of Appeals, Place 4 seat is the only 3rd Court seat that is on the ballot in 2010. This seat was scheduled to be up for election this year regardless of whether Judge Patterson chose to run for re-election or not.
As early as December of 2008, right after the presidential election, Jan Patterson had made it known she was planning to finish her term on the 3rd Court of Appeals (not resign) and run in the 2010 primary for the 201st District Court which was going to be an open seat with Judge Covington's planned retirement. As such, Kurt Kuhn was to (and did) become the Democratic nominee for Patterson's Place 4 seat for the same scheduled 2010 election.
In July of 2009, after the death of 353rd District Court Judge Scott Ozmun in May of 2009, Jan Patterson actively sought appointment by Gov. Rick Perry to the 353rd District Court. At the time of this request, she was still serving as the sitting judge for the 3rd Court of Appeals and was an unopposed candidate for the 201st District Court.
Jan Patterson would have had to resign her 3rd Court of Appeals seat mid-term to accept Perry's appointment to the 353rd vacancy. This would have created a vacancy for her Place 4 seat.
While this next point is based on a hypothetical, it is more than reasonable to argue that Gov. Perry would then appoint a Republican to fill Patterson's unexpired Place 4 term whom Kurt Kuhn would face in the general election assuming Perry's Republican appointee won the GOP primary. It very well could have been Melissa Goodwin, who is currently one of two Republicans seeking to be the GOP nominee against Kuhn and whom Perry has appointed to fill vacancies in Travis County before (the 427th District Court where she was defeated in 2008 by Jim Coronado).
Beyond this point, we can argue about whether Perry would have actually appointed someone to fill Patterson's 3rd Court of Appeals seat and if they would have been a Republican. I think the answer to that is certainly yes (he would have) and yes (it would have been a Republican).
So assuming that, we'd have had a 4-2 GOP controlled 3rd Court of Appeals from (best guess) October of 2009 and through the 2010 election- over a year. That's a long time for the GOP appointee to also use that power of incumbency against Kurt Kuhn.
And why is that relevant if there was a GOP incumbent instead of an open seat? Because the 3rd Court of Appeals district is the most evenly drawn district in the entire state and every sitting judge on the 3rd Court today, regardless of party, has been elected by less than 52.5% of the vote.
Look at the numbers below- the winners are bolded.
2008-
Chief Justice, 3rd Court of Appeals District
Ken Law(I) REP 407,243 47.59%
Woodie Jones DEM 448,373 52.40%
2006-
Justice, 3rd Court of Appeals District, Place 2
Alan Waldrop(I) REP 248,966 51.30% Jim Sybert Coronado DEM 236,314 48.69%
Justice, 3rd Court of Appeals District, Place 3
Will Wilson REP 241,811 49.52%
Diane Henson DEM 246,411 50.47%
Justice, 3rd Court of Appeals District, Place 5
David Puryear(I) REP 256,044 52.26% Mina A. Brees DEM 233,876 47.73%
Justice, 3rd Court of Appeals District, Place 6
Bob Pemberton(I) REP 250,657 51.24% Bree Buchanan DEM 238,491 48.75%
2004-
Justice, 3rd Court of Appeals District, Place 4
Bill Green REP 361,904 48.19%
Jan Patterson(I) DEM 389,064 51.80%
Justice, 3rd Court of Appeals District, Place 6 (Unexpired)
Bob Pemberton(I) REP 386,274 51.55% Diane Henson DEM 362,955 48.44%
And remember, the 3rd Court of Appeals covers 24 counties many of which are not friendly at all. Here's the map.
These elections are heavily dependent on a lot of work by the candidate to work the mid-tier counties and convince swing voters with local endorsements. And one of the most important keys is having a good relationship with and supporting the Democratic Coordinated Campaigns in Travis County which is the single largest source of votes no matter how you slice it.
In Patterson's 2004 race, Travis County was responsible for 208,806 of her 389,064 total Democratic votes.
In the four 3rd Court of Appeals seats on the ballot in 2006, the votes from Travis County ranges from a low of 127,655 for Mina Brees to 134,176 for Diane Henson. Of those four candidates, only Henson won. But if you analyze the Travis County difference between Henson's vote and that of the three losing Democrats, it's interesting.
The Travis County drop off of 2,052 votes for Coronado from Henson's Travis Democratic total makes up only 32% of the votes he needed to flip across the district to win. For Buchanan, her Travis County Democratic difference of 3,127 votes from Henson was 51% of the total votes she need to flip to win. For Brees, the 6,521 Democratic decline from Henson's number was a stunning 59% of the vote she needed to flip across those 24 counties to win.
This is all to say that any edge a candidate has can mean a great deal to win over those critical few thousand votes out of a half million that will get cast this year. Money matters. Name ID matters. Incumbency matters- all you have to do is look at the election results above to see the power of that.
I will concede that I would prefer all of these judicial races to not have to be partisan elections (or even elections at all), partly because it can lead to technical, procedural, and partisan discussions like this! But this is the system we have, and it's entirely reasonable for Democrats to consider these facts in making their decision as to whom they will support in the 201st District Court race. I think it's fair to consider the higher value and importance of maintaining balance on the 3rd Court of Appeals, the most important appeals court in the state- due to it receiving all of the appeals from Travis County (think Public Integrity Unit from the Travis County District Attorney's office, Tom DeLay, and state lawsuits involving the environment, education, energy, and public corruption).
I hope this has clarified and provided some background for readers as to why this issue has been brought up and is important to many activists and attorneys.
(I unfortunately missed Kurt's kickoff this past week so I'll promote this post of his. Kuhn is running for the 3rd Court of Appeals in the seat being opened up by Democratic Judge Jan Patterson. - promoted by Karl-Thomas Musselman)
I can still remember the feelings of excitement, nerves, and adrenaline that I had standing on the field awaiting an opening kickoff when I played football. After countless days of practice and preparation, the game was finally on. When my campaign staff said it was time to hold our campaign kickoff, I could not help but think back to those moments. But this was a different kind of kickoff.
First, we have already been hard at work for quite some time. Since my announcement letter went out last December, I have spent the last eleven months campaigning hard to build a grassroots network across all twenty-four counties of the district. I am proud of the work that we have put in and our early success. A good sign of that success was the host list for our kickoff party: State Senator Kirk Watson, State Representatives Valinda Bolton, Pete Gallego, Donna Howard, Diana Maldonado, Elliott Naishtat, Eddie Rodriguez, and Mark Strama, and Austin Councilmember Chris Riley. Now that is an all-star lineup!
Second, as significant as those football games seemed to me at the time, this campaign is more important. The Third Court is one of the most important courts in Texas. Because the Third Court's district includes our capital city, it routinely reviews and decides cases involving state agencies, government officials, and administrative appeals. The Third Court plays a vital role in the key legal issues affecting Texas. Whether they know it or not, the Third Court affects the lives of every single Texan.
Third, as this kickoff got under way, I was not nervous. I have dedicated my entire professional career to the Texas appellate courts, and I would not be in this campaign unless I felt that I was the best qualified candidate to help make the court, once again, one of the best appellate courts in the state. Wherever we go, our campaign message is resonating with the people I meet, and I have confidence in the voters of Central Texas.
Now, as we move into high gear, there are three ways that you can make a real difference in my campaign today:
Make a donation. Taking our message to the voters requires us to raise the money necessary to do so. Your financial support will give me the resources to compete in all twenty-four counties. You can donate securely on my website by clicking here.
Become a public supporter. Demonstrate the broad base of support for my campaign. Your name will be added to over 300 prominent citizens who have endorsed my candidacy for the Third Court of Appeals. You can sign up by clicking here.
Sign up to volunteer. From placing yard signs to stuffing envelopes, my campaign can always use an extra set of hands. You can pitch in by clicking here.
And if you didn't get a chance to pick up a campaign tee shirt, we have them available on our website for a $25 donation. Order yours today!
Maybe, more than a "kickoff," last Wednesday was a recognition party for both the success so far and the hard work that lies ahead. Whatever we call it, it was a great event: great music, great food, great weather, and great company. Now, it is time to get back to work-"Game On!"
(KT asked me to promote -- looks like most of the Austin State Reps. are going to be there. - promoted by Phillip Martin)
Almost ten months ago, I announced my intention to seek an open seat on Texas' Third Court of Appeals in 2010. Since then, my campaign has taken me from enjoying Texas Independence Day with the Democratic Party of Bastrop County to celebrating the first hundred days of the Obama administration in Bell County. I have given speeches in Llano and Lampasas, and eaten barbecue in Kyle and steak in San Angelo. Putting my judicial impartiality to the test, I judged a chili cook-off in Rockne. And to my kids' delight, we have taken part in Texas traditions like the Bluebonnet Festival Parade in Burnet County, the Fourth of July Parade in Round Rock, and the Lexington Homecoming in Lee County. All along the way I've been introduced to an untold number of great people and organizations in Austin and beyond that I otherwise might never have met.
As I have traveled around the 24 counties that make up the Third District--and yes, I can name them--I have repeatedly been impressed with the people I meet and their interest in the Third Court. You can follow all of my adventures on the campaign blog on my website, www.votekuhn.com. Now, as the campaign season begins in earnest, I'd like to share with you why this court--and this race--matter, and encourage you to get involved in my campaign.
In many ways, the Third Court is the most important court in Texas. Not only does it hear both civil and criminal appeals from the counties it covers, but since Austin is the capital of Texas, the Third Court hears a large number of cases involving state agencies or officials, as well as administrative appeals. While some of these cases can go on to be reviewed by the Texas Supreme Court or Court of Criminal Appeals, the Third Court will have the final say in the vast majority of these cases. As a result, the Third Court has a huge impact on the legal issues that affect the entire State of Texas.
If you care about the issues that affect the everyday lives of Texans--the environment, education, energy, public corruption--you need to care about the Third Court. Unfortunately, the Third Court's docket is clogged with a backlog of cases, and in some instances, people have been waiting up to four years for cases to be resolved. As I travel across the district, I hear the same concerns from attorneys, judges, and voters alike: the Third Court needs to be more productive and less partisan. Texans care about the Third Court, and want to know that it has been entrusted to individuals who take their charge seriously.
That's why I'm running for the Third Court of Appeals: because justice matters.
If given the opportunity to serve on the Third Court, I cannot promise that you and I will agree on every case. But I can promise that in each case I will work tirelessly, apply the law evenhandedly, and never forget the importance of each opinion to the parties, their counsel, and the jurisprudence of the state. The Third Court of Appeals' current backlog is unacceptable, and I will work to end it. I am a Democrat, but politics will play no role in my decisions. And I will staunchly defend every citizen's right to a fair trial.
Now, as we kick the campaign into high gear, I'd like to invite all of you to join me in my campaign to ensure justice for the people of Texas. On my website, you can become a supporter of my campaign. You can also become a Fan on Facebook. But most importantly, I want to hear from you.
Join us for our kick-off event next Wednesday, October 7th, at Threadgill's. We'll have music from the Double Eagle String Band. I am especially proud of our fantastic host committee of elected Democrats across Central Texas. The information is below. As we look towards next November, I look forward to meeting you, and hearing your thoughts on our court system and how we can ensure that Texans receive the justice they deserve.
Kurt Kuhn Campaign Kick-Off
Hosted By: Senator Kirk Watson
Rep. Valinda Bolton * Rep. Pete Gallego * Rep. Donna Howard * Rep. Diana Maldonado * Rep. Elliott Naishtat * Rep. Eddie Rodriguez * Rep. Mark Strama * Councilmember Chris Riley
In a report filed with the Texas Ethics Commission this week, Democratic candidate Kurt Kuhn reported that he raised $63,193.00 in contributions during the last three weeks of June. He is running to fill the seat held by Democrat Jan Patterson who will be leaving her bench to run for a District Court in Travis County.
Kuhn's fundraising figure exceeds all previous fund-raising by any non-incumbent candidate for the Third Court during a comparable time period and was exceeded by only one incumbent, Republican Robert Pemberton, who was in the unusual position of having to run in back-to-back elections in 2004 and 2006.
"The July 15th report is traditionally the best early indicator of who is a serious candidate and who is not," said Democratic political consultant Alfred Stanley, an advisor to the Kuhn campaign. "Kurt was in our office making calls just about every weekday during the last three weeks in June, and he is absolutely committed to exceeding all previous efforts to campaign for and win a position on the Third Court."
Candidates for the 3rd court cannot begin legally raising money until June the year prior to the election so this is quite an impressive and necessary haul for Democrat's efforts to hold on to the Democratic seat on the court which is currently 3-3 and covers 24 counties.
The Third Court of Appeals serves 24 counties, including Travis County. Because the state capitol is within its jurisdiction, the Third Court issues more opinions concerning state agencies and state government than any other appellate court. The six-member court is now evenly divided between Democrats and Republicans, none of whom was elected with more than 52.4% of the vote. The district covers 22,543 square miles-bigger than nine states-adding to the challenge of campaigning for this bench.
Prominent Republicans hosted a fundraiser last week for 
Almost ten months ago, I announced my intention to seek an open seat on Texas' Third Court of Appeals in 2010. Since then, my campaign has taken me from enjoying Texas Independence Day with the Democratic Party of Bastrop County to celebrating the first hundred days of the Obama administration in Bell County. I have 
