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Third Court of Appeals

Rick Perry Appoints Jeff Rose to Third Court of Appeals


by: David Mauro

Sat Nov 13, 2010 at 00:49 PM CST

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.

Discuss :: (6 Comments)

287 Miles, 6 Counties, One Reason


by: Kurt Kuhn

Wed Mar 24, 2010 at 03:16 PM CDT

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.

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On The Web: www.votekuhn.com

Discuss :: (3 Comments)

Why the Third Court of Appeals Matters: GLBT divorce case on the way


by: Glen Maxey

Tue Feb 16, 2010 at 01:42 AM CST

(There are many lessons to be learned in this important case. It's a poignent reminder why the 3rd Court of Appeals is so important and why there are very real repercussions to some of the choices that Judge Jan Patterson was prepared to make.   - promoted by Karl-Thomas Musselman)

Many of us were angered by Justice Jan Patterson's recent attempt to give the rightwingers the majority of the Third Court of Appeals. Today, a case thsy shows why this court is so important to progressives illutstrates the point for our anger at Patterson.

This week a second precedent setting case dealing with GLBT rights in regards to marriage and divorce occurred here in Travis County.  Last year, a Dallas judge granted a divorce to a gay couple citing  the 14th Amendment to the U.S. Constitution. Monday, Judge Scott Jenkins granted the second.  

News 8 reported on Monday:

Travis County judge grants same-sex divorce

Though the State of Texas does not officially recognize same-sex marriages, a Travis County judge has approved a same-sex divorce. Angelique Naylor and Sabina Daly married in Massachusetts five years ago. Naylor sought a divorce, but Daly initially wanted to "void" the marriage. The Travis County Court clerk for Judge Scott Jenkins said the divorce was approved, and not voided.

In both cases, Texas Attorney General Greg Abbott has jumped into the fray  The Dallas case has been appealed to the the Texas Fifth Court of Appeals.   Now, the Travis County case will be appealed to the Third Court of Appeals.

 The attorney general's office had previously said when two people of the same sex wish to terminate their union and are in a different state, the proper legal procedure is voidance, not divorce. After the judge's decision was announced, Attorney General Greg Abbott's office has issued a petition to intervene, saying, "Texas does not recognize marriages between persons of the same sex, and the parties do not qualify for a divorce."

This is a classic case of why progressives were so outraged by 3rd Court of Appeals Judge Jan Patterson's attempt to give her seat to Rick Perry for appointment of a conservative and the Court a Republican majority. In AG Abbott's appeal of this lesbian couple's divorce, the 3rd Court will now determine this matter of law.  The Court has a 3 Democrat and 3 Republican divide currently.  Patterson's deal would have made the Court 4-2 Republican.  

So easily, for her own personal gain, Patterson would have sold out the GLBT community of Texas.  What other progressive cases would also have faced the same fate?     She sold out her Democratic constituents.  

So when you vote in the Democratic Primary, you can thank her by casting your vote for her opponent (Amy Clark Meachum) in her race for a District Court seat.  Patterson should not be rewarded for almost stabbing us in the back.

Discuss :: (1 Comments)

A Different Kind of Kick-Off


by: Kurt Kuhn

Mon Oct 12, 2009 at 11:52 AM CDT

(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!"

::

On the Internet:
Kurt on Facebook@Kurt_Kuhn on Twitter@VoteKuhn on Twitter

Discuss :: (0 Comments)

Because Justice Matters.


by: Kurt Kuhn

Tue Sep 29, 2009 at 11:09 AM CDT

(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

Wednesday, October 7th, 5:30-7:30 p.m.
Threadgill's World Headquarters
301 W. Riverside, Austin, Texas


::

On the Internet:
Kurt on Facebook@Kurt_Kuhn on Twitter@VoteKuhn on Twitter

Discuss :: (0 Comments)

Republican Justices say CPS improperly took custody of sect's children


by: Al Stanley

Thu May 22, 2008 at 11:56 PM CDT

Link to AP story: "Texas seizure of polygamist-sect kids thrown out."

Opinion: Sara Steed, et al.

Opinion: Louisa Bradshaw, et al.

Too tired to think about right now ... comment away, y'all.

Discuss :: (0 Comments)

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