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.
Texas Supreme Court: ... Linda Yanez (D) and Sam Houston (D)
Texans couldn't ask for a more seasoned and reasoned judicial candidate than Democrat Linda Yanez. She's our recommendation for Place 8 on the court. Yanez has been on the 13th Court of Appeals in South Texas since her appointment by Gov. Ann Richards in 1993. She has run once before for the state Supreme Court. Yanez would bring needed philosophical diversity to an all-Republican court that largely is cut of the same cloth.
Her opponent, Justice Phil Johnson, was appointed by Perry in 2005. He is impressive and scholarly. It's tough to recommend against an incumbent. But if the two were side-by-side without the benefit of incumbency, Yanez would be an easy choice.
In the contest for Place 7, the Trib recommends another non-incumbent, Democrat Sam Houston, a highly regarded Houston attorney. His opponent, Justice Dale Wainwright, was appointed to the Supreme Court in 2003.
Wainwright has drawn fire for contributing to a court backlog. A WFAA-TV report tagged him as the slowest member of a court that doesn't always deliver on the promise of swift justice. Houston, one of Texas Monthly's "super lawyers," would bring needed philosophical diversity to the court.
Five federal judges are under investigation. Add in the list of Texas judges with legal and ethical difficulties and we see that the judiciary in Texas and the nation are in the midst of an ethical meltdown. Has the crisis been caused by dominant one-party rule across all branches of government?
In Texas, voters elect their judges. This year, three incumbents on the Texas Supreme Court are up for election: Wallace Jefferson, Dale Wainwright and Phil Johnson. Their court has been widely criticized for favoring corporate defendants 87 percent of the time -- leaving the citizens of Texas uprotected in the civil justice system.
As we've reported over the last days and weeks, other judges on the court have their own difficulties. David Medina in connection with the arson of his home and questionable reimbursements for travel. Nathan Hecht for receiving improper contributtions. Paul Green for improper reimbursements.
Now Lise Olsen of the Houston Chronicle is reporting the unprecedented numbers of federal judges under investigation. All are protected by lifetime appointments.
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.
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.
"The dark shadow of corruption of our judicial system hangs over this case," Travis County District Attorney Ronnie Earle said Monday, referring to the Texas 3rd Court of Appeals opinion that Tom DeLay's money launderers didn't really launder money because they used checks. Drug dealers throughout the state can rejoice. Turn those street dollars into checks and, well, you're safe as a crooked politician.
Despite the fact that turning ill-gotten cash into checks is a favorite laundering tactic of drug dealers and political criminals alike, the court said checks aren't "funds" under Texas law, and so transactions involving them can't be prosecuted.
The case involves indictments against two of DeLay's associates in the notorious 2002 campaign financing scheme that also resulted in DeLay's indictment and forced resignation from Congress. Earle's strong comments came in an appeal of the bizarre, Alice-In-Wonderland 3rd Court opinion.
There is no better example of the sickening corruption that has infected the Texas Courts from top to bottom since they became dominated by special interests who also control the legislative and executive branches. The courts are out of balance, and the corruption so thoroughgoing, so accepted as business as usual, that it can be hard to grasp.
But it is destroying the rule of law here, denying average Texans access to justice as the elite special interests who bought these judges escape accountability and responsibility for the harm they do all of us.
