A scary story is unfolding about our courts. According to Statesman 3rd Court of Appeals Justice Jan Patterson who says Chief Justice Ken Law refuse to let her file a dissent in a politically charged case involving two associates of former U.S. House Majority Leader Tom DeLay.
Justice Jan Patterson, a Democrat, is asking the Texas Supreme Court to intervene. She claims that Law, a Republican who's up for re-election, blocked the filing of her dissent to last week's ruling on whether fellow Justice Alan Waldrop, also a Republican, should step aside in the money-laundering case involving DeLay's associates.
In addition to the controversy swirling around the 3rd Court of Appeals, Texans for Public Justice has filed a complaint echoing Justice Patterson's sentiment.
Texans for Public Justice filed a complaint with the State Commission on Judicial Conduct today alleging that Third Court of Appeals Justice Alan Waldrop should not have written an opinion in the criminal case against Texans for a Republican Majority (TRMPAC) because his impartiality is questionable.
"Justice Waldrop's August 22 TRMPAC opinion reads like a 'Get Out of Jail Free Card' for Tom DeLay and his cronies," said Texans for Public Justice Director Craig McDonald. "As counsel for Texans for Lawsuit Reform in related civil litigation, Waldrop announced his bias in this matter years ago, dismissing the civil suit as 'politically motivated.' Waldrop should not have participated in this case."
The infighting in the 3rd Court is apparent. The Republicans seem to be shielding their friends and allies, while the Democrats appear to want justice. Democrat Diane Henson went so far as to ask for a full rehearing on the case. An unprecedented move in any circumstances.
Every day it becomes more and more clear why we need Woodie Jones on the bench. Luckily he is taking on Ken Law, and we can remedy these problems once and for all.
[Republican incumbent Kenneth] Law, 60, is not a bad man. But he's proven ineffective and he has presided over a court that has become all too politicized as Republicans have won a 4 to 2 majority on the six-member court.
Case in point: Law was one of three justices, all Republicans, who recently volunteered, in a case involving Republican defendants, that a money-laundering law did not apply to checks, only cash — a conclusion that defies common sense but appears to open a huge loophole for the defendants to leap through. The ruling came only after the court had studied the case for two years.
Jones, 59, Law's Democratic challenger, served on the 3rd Court for about 12 years. He lost in the 2000 tide of Republican voting to David Puryear.
Citing figures from the state's Office of Court Administration, Jones lays out a compelling case that Law has not provided leadership or productivity to a court that has developed a serious backlog.
"The chief justice is supposed to crack the whip, to some extent," Jones said. While Law cannot be blamed for all of the court's backlog, Jones said, "He himself is the slowest producer."
In its poll of lawyers in the district, the State Bar of Texas reports, 1,427 voted for Jones while 249 backed Law. Asked about the poll, Law dismissed it — but acknowledged that he would be touting it if it had gone his way.
Jones' extensive court and appellate experience and his record of fairness, regardless of party, stand out. We strongly recommend that voters elect Jones as chief justice of the 3rd Court of Appeals.
I had not realized how little experience Kenneth Law had -- shows you what a catchy last name can do in a down ballot race.
Woodie Jones already has twelve years experience on the 3rd Court. He would also bring a needed balance to the court and provide real leadership.
Texans for Public Justice (TPJ) filed a pair of complaints alleging that Third Court of Appeals Chief Justice W. Kenneth Law repeatedly violated the Texas Election Code in the course of his current reelection campaign.
TPJ alleges Law illegally collected more than $66,000 in political contributions without appointing a campaign treasurer and taking $10,000 from GOP Swift-Boat activist Harold Simmons-twice what the state Judicial Campaign Fairness Act permits.
Judge Law recently participated in a divisive ruling in the criminal case against Tom DeLay's Texans for a Republican Majority PAC (TRMPAC). The ruling stated that "checks" are not subject to Texas' money laundering prohibitions.
Central Texas voters elected Law Chief Justice in November 2002. Last month he and two other Republican members of his court issued a divisive ruling in the criminal case against Tom DeLay's Texans for a Republican Majority PAC (TRMPAC). The ruling uses technical distinctions between "funds" and "checks" to suggest that TRMPAC did not illegally launder corporate political funds. To protect DeLay and two cronies, the justices wrote that TRMPAC's checks were not money-laundering "funds."
"As Judge Law labored over the TRMPAC ruling, he appears to have raised tens of thousands of campaign dollars in violation of Texas election laws," said Texans for Public Justice Director Craig McDonald. "The chief justice even may have cashed these ill-gotten campaign 'checks' into 'funds.' So many violations represent incompetence or indifference on his part."
TPJ alleges that Chief Justice Law appears to have:
Accepted $66,850 in campaign contributions at a time when he did not have a duly appointed campaign treasurer.
Accepted $66,850 in campaign contributions without filing his intention to opt in or out of the Judicial Campaign Fairness Act's voluntary expenditure limits.
Violated the cap on judicial candidates taking more than $5,000 from an individual per election by accepting $10,000 from nuclear-dump owner Harold Simmons.
Accepted $1,000 from an out-of-state political committee without following the disclosure requirements prescribed for receiving large contributions from out-of-state PACs.
Used his campaign to reimburse himself for approximately $21,576 of campaign expenditures that were not properly designated as reimbursable expenses.
Failed to include required disclosure information about the occupation, employer, or job title of more than 50 contributors.