The Texas Democratic Party is aggressively working to capitalize on the momentum of this historic campaign.
The TDP has sent 2.7 million pieces of mail asking voters to vote early and vote straight Democratic. Additionally, during early voting and on Election Day, the TDP will make 1.8 million phone calls throughout Texas, including 2 rounds of live calls and 4 rounds of robo-calls from prominent Democrats encouraging voters to cast a Straight Democratic Ticket.
That's an incredible push from the TDP. A push that is only possible when the state party is infused with $3.5 million late dollars.
The most exciting part of the TDP push is the new campaign to make the Texas Supreme Court fair and balanced. The TDP has launched a new website www.FairAndBalanced.com along with a brand new TV spot advocating Jim Jordan, Linda Yanez, and Sam Houston for the Texas Supreme Court.
In a surge election this ad, these field actions, and a focused effort on our statewides will make difference.
It would have been nice to see in 2006, but it the resources weren't there. In 2008, resources are there and the climate favors Democrats, but who and how people are voting is far from certain. It is time for Democrats to be opportunistic and push to win back judicial seats and local races as well as statewide races. It is good to see the TDP put a full court press on the Republicans.
The Daily Texan endorses Jim Jordan and Linda Yanez for Texas Supreme Court (and Susan Strawn for the Court of Crininal Appeals):
Supreme Court Chief Justice: Jim Jordan
Democratic candidate Jim Jordan, who is running for chief justice against incumbent Wallace Jefferson, is a highly experienced, competent candidate that would provide the court the diversity of perspective it currently lacks. Jordan, a practicing attorney with more than 20 years of experience, has actively served the community as a member of the American Board of Trial Advocates and the Texas Association of Defense Counsel. Though Jordan is running as a Democrat, he believes that partisan politics should not interfere with the stance justices take on court cases. In a court that has been criticized for exceeding its Constitutional authority and ignoring the role of juries, we believe Jordan will use his legal knowledge and experience to bring the court back on track.
Supreme Court Justice, Place 8: Linda Yanez
While her opponent Phil Johnson is a respectable candidate, Linda Yanez is well-qualified to be part of the dissenting voice the court lacks. Yanez is a former Harvard Law School instructor and has been serving on the 13th Court of Appeals in Texas since Gov. Ann Richards appointed her in 1993. In her time on the court, she has authored more than 800 opinions and served on panel for more than 3,500. Yanez has the potential to bring a new perspective to the Supreme Court while moving quickly to help the court work through its backlog of cases.
The two high courts have nine members each. Currently, all 18 places are filled by Republicans....
Supreme Court of Texas -- Place 8
Justice Phil Johnson, Republican, vs. Justice Linda Yañez, Democrat ...
Yañez was the first woman on the 13th Court of Appeals in Corpus Christi when she was appointed by Gov. Ann Richards in 1993. She has been elected several times since.
She says the Supreme Court has been too eager to overturn jury verdicts, which, she said, Johnson has done six times.
She also criticizes his productivity, noting he has authored only 13 opinions in his three years on the court.
Yañez notes that 50 percent of the civil cases filed in Texas involve family law, but the high court takes no such cases on appeal. She said the court has a hostility to plaintiffs and is result-oriented.
Justice Johnson has done a good job, but we are convinced that Justice Yañez would add a vibrant, intelligent voice to the court, one that it badly needs. Candidates don't come much better.
The Eagle recommends a vote for Justice Linda Yañez to Place 8 on the Supreme Court of Texas.
Running tally of Texas Supreme Court newspaper endorsements below the jump:
Yañez, who is seeking the post now held by Justice Phil Johnson, is unusually well prepared to serve on the state's highest civil court.
Yañez was appointed to the 13th Court of Appeals in 1993 and has since been elected three times. She is making her second bid for the Texas Supreme Court.
During her 15 years on the appellate bench, the Edinburg resident has written 850 opinions. She is a serious, studious judge and a former Harvard Law School instructor. Along with her stellar credentials, Yañez is committed to fair application of the law for all sides. She would be a valuable asset to the high court.
Sam Houston, candidate for Texas Supreme Court Place 7, and Linda Yanez, candiate for Texas Supreme Court Place 8 received another key endorsement in their race for the highest court. The Austin American Statesman endorsed both candidates Sunday.
The Statesman's principal criticism of the Court has been its uniformity in ruling for business. The basis of this conclusion is a study by University of Texas law professor David Anderson of the court's 2004 and 2005 tort cases in which the court issued an opinion, the defendant - usually a business - won 87 percent of the time.
The Statesman described these candidates as experienced jurist that will bring a balanced perspective to the court.
Place 7 - Texans are so used to candidates of dubious qualification but well-known name running for public office that they might automatically dismiss someone named Sam Houston, 45, a Democrat who is challenging the Republican incumbent for this seat, Dale Wainwright, 47.
But voters should take this Houston - no relation to the original - seriously enough to vote for him. From Houston, Houston is a trial lawyer with broad litigation experience and a critic of the Supreme Court, which he says needs more balance.
Place 8 - Linda Yañez, 60, a Democrat on the state's 13th Court of Appeals, based in Corpus Christi, is challenging the incumbent, Phil Johnson, 63, a former chief justice of the 7th Court of Appeals at Amarillo.
Yañez, too, says the court needs to go more to the middle, and her up-from-the-bootstraps personal story would bring a useful perspective to a court dominated by the products of big law firms.
The Statesman goes on to list the Texas Supreme Courts laundry list of questionable rulings and ethical challenges.
A good example of the court's tilt toward business was its 9-0 ruling in the Entergy case, which for the first time protected plant owners from negligence lawsuits when contracts workers were injured on the job. To reach that ruling the court had to ignore years of settled practice on that very point in Texas, as well as legislative intent. Facing a storm of criticism, the court has agreed to reconsider the ruling.
In another case, the court ruled 6-3 in a case that a Colleyville church could not be held liable for harm to a young woman held down for two hours against her will to free her of a demon. Constitutional protection for religious liberty, the majority said, protected the church.
There have been other embarrassments as well, with questions raised about some justices using their political accounts for personal travel expenses, one justice and his wife caught up in a suspicious fire that destroyed their home and yet another who tried to get the Legislature to pay his legal bills for defending himself in an ethics case.
If you haven't checked out the great Courts on Fire website, you should. Here's an example:
Texas Supreme Court Takes Time From Fundraising to Issue First Decisions
... The Texas Supreme Court continued to take a leisurely approach to justice, ... considering that the court rules against Texans and for insurance companies and corporations 87% of the time, their laziness may be a good thing.
One thing they are doing quickly is raising money from business groups, insurance companies and big corporations. Justice Dale Wainwright is having a fundraiser on Tuesday. Chief Justice Wallace Jefferson will be having a big fundraiser soon and Justice Phil Johnson has already been collecting money from these groups.
Who are some of the sponsor's of Wainwright's fundraiser? "...hosts of the Wainwright reception include ConocoPhillips, Koch Industries, American Electric Power, AT&T, Pfizer, the Texas Medical Association, several large law firms and superlobbyist Buddy Jones..." These groups aren't contributing money to Wainwright to insure a fair and impartial hearing before the Texas Supreme Court. They're giving money in hopes of getting 87% to 100%.
Texas Supreme Court
The Chronicle recommends voters choose Linda Yañez ...
The Texas Constitution requires of its Texas Supreme Court justices only a few qualifications: basically, that they be at least 35, citizens of Texas, that they be licensed to practice law in Texas and have practiced for at least 10 years.
Texas voters should require also that their high court justices thoroughly know the law, apply it with integrity and win the respect of their colleagues and the public by making decisions that are sound, fair and impartial. ...
• Linda Yañez, Texas Supreme Court, Place 8: Yañez is the Democratic challenger in this race. She has served 15 years as a justice on the 13th Court of Appeals. Active and well-respected in state and national legal circles, Yañez has an impressive grasp of the law and of the workings of the Supreme Court.
Noting that the high court justices ruled unanimously in almost all their decisions last term, Yañez promises to bring a fresh perspective to their proceedings.
"The challenge I will bring will be intellectual, not antagonistic," Yañez pledges.
The Dallas Morning News
The nine-member Texas Supreme Court is the state's highest civil court. It has been plagued by a backlog in recent years, taking more than four years after oral arguments in some cases to issue an opinion. And what used to be regarded as a lopsidedly "plaintiff's court" has now become regarded as an unbalanced "pro-business" court, a perception fueled by a legal study conducted by University of Texas School of Law professor David Anderson. It found that the court sided with defendants 87 percent of the time in 2004-05....
Sam Houston for Place 7 seat
Democratic challenger Sam Houston has built solid reputation defending clients against lawsuits and would bring some new ideas to the court. He argues that no one likes lawsuits, but sometimes they are necessary to ensure justice, and that justice is good for business. Mr. Houston, 45, would bring some welcome - and not token - philosophical diversity to the court.
The incumbent in this race says all the right things about being fair and balanced, but Republican Dale Wainwright does not adequately answer criticism about his work ethic. In the last full year statistics were available, for example, he wrote just four signed opinions - the second fewest of any justice on the court and the lowest among the three justices seeking re-election this year. Two of his most recent opinions date to cases heard in 2004.
Justice Wainwright, 47, says there are complex reasons for this, but lives are often on hold waiting for these opinions, and such delays are unacceptable. Justice Wainwright, previously a district judge in Harris County, has a sharp résumé, but voters should send a message to the court that long backlogs will not be tolerated by electing the respected and fresh-thinking Mr. Houston.
Pro-corporate bias and corruption in the Texas judiciary has reached dangerous levels, and there's a new web site documenting some of the scandals and troubles.
Texans are still living the ethical, political and economic nightmares left to us by former U.S. Rep Tom DeLay. Now, there's a fast-growing DeLay-related scandal darkening the already tainted reputation of Texas judges. Texas courts are dominated by the same special interests who purchased the legislature and the governor's mansion - homebuilders like Bob Perry, anti-public school millionaire James Leininger, swift-boat finance captain Harold Simmons.
The sewers have backed up into Texas courtrooms. They need draining and cleaning. Sadly, it's not the special interests or their bought-and-paid-for judges who are drowning in the unethical effluent of one-sided rulings that make a mockery of impartial justice. It's the people of Texas who suffer.
Three members of the all-Republican Texas Supreme Court are up for election in 2008: Wallace Jeffferson, Phil Johnson and Justice Dale Wainwright. Jefferson is opposed by Democrat Jim Jordan of Dallas. Democrat Linda Yanez opposes Phil Johnson, and Democrat Sam Houston is running against Dale Wainwright.
The name "CourtsOnFire" is an obvious reference to Republican Supreme Court Justice David Medina, who was indicted then suspiciously un-indicted by a Houston DA who subsequently resigned in disgrace. The indictment involved arson and the burning of Medina's home. His wife remains indicted in connection with the fire. CourtsOnFire and the Texas Progress Council are helping educate voters about the Texas judiciary's biases against Texas families. The Supreme Court sides with corporate defendants about 90 percent of the time. Ethical difficulties plague sitting judges throughout the system, and it's time the halls of justice were cleaned out.
Pay attention to these races. The Democratic candidates for the Supreme Court are widely respected, tough and honest folks leading the charge against the unbalanced courts. CourtsOnFire and the Texas Progress Council are providing critical information and education about the state of our judiciary. You can also visit TPJ.org and Texas Watch.org.
Texas Watch has done a great job explaining what the Texas Supreme Court is supposed to do and what they actually do. This video is shinning example of the good work they have been doing.
The video, simply titled, "I Like the Texas Supreme Court Because..." satirizes the Court's pro-defendant bias, record case backlog, overuse of anonymous opinions, as well the numerous ethics investigations that are plaguing the Court.
Over the last year, Texas Watch has raised issues about the Court's growing case backlog, its use of anonymous, unsigned opinions, and the Court's anti-consumer nature. Some key findings of Texas Watch research and reports:
86% anti-consumer
57% anonymous opinions
328% case backlog increase
2.3 years on average to handle a single case
In addition to producing a brand new video, they have released reports and studies here.
They have proven time and time again we need new voices on the bench of our highest court. We need Jim Jordan, Sam Houston, and Linda Yanez.
It's been a while since we talked much about our statewide judicial candidates. I've always wanted to include these races in a statewide poll that I'd been batting around the idea of commissioning. Of course, Hurricane Ike delayed that since it's hard to poll people if they don't have power or aren't at home to pick up the phone. It really has been over a month, nearly two, since we've had any Presidential or Senate polling in Texas of any real value.
Here's a video by the Linda Yanex campaign that was emailed out to supporters today.
