By LISA FALKENBERG Copyright 2010 Houston Chronicle
Feb. 8, 2010, 8:29PM
Things were a lot easier for Harris County Democrats when their judicial candidates didn't actually stand a chance of winning.
Now that Democrats' fortunes seemingly have turned at the ballot box, things have gotten complicated.
Frustrated candidates are abuzz with reports of behind-the-scenes controversies and shenanigans ahead of next month's primary, from a local Democratic club hitting up candidates for hefty donations to big-name elected officials throwing around their weight with their own endorsing group.
In recent days, Houston Black American Democrats have raised eyebrows by hitting up endorsees for thousands of dollars to support the group's get-out-the vote efforts. Candidates for county-wide races are asked to shell out $2,500. It's $3,500 for statewide candidates.
Several judicial candidates told me they were surprised at the amounts. Others wondered if paying up would violate ethics laws banning judicial candidates from donating political contributions to PACs during a primary.
One candidate asked too many questions. Priscilla Walters, a candidate for Probate Court 3, said when an e-mail she wrote to a friend, asking if the amount was too pricey, got back to H-BAD members, they rescinded her endorsement in a name-calling missive broadcast over Carl Whitmarsh's extensive e-mail list.
Alvin Pruitt Jr. an H-BAD screening committee member, said Walters was trying to “sabotage” the group's endorsement process, adding: “This is not fund-raising. This is mobilization.”
When asked about the section of election code that appears to ban such contributions to PACs, Pruitt said the H-BAD PAC is different from the H-BAD “club.”
‘You can figure it out'
I asked how candidates were supposed to tell the difference, since it was the same “club” doing the endorsements that asked for the money.
“I feel if you're worth your salt as a lawyer, you can figure it out,” he said.
Well, allrighty. Then there's the new endorsing group called the Coalition of Harris County Democratic Elected Officials.
Organized by political consultant Dan McClung, the coalition counts among its 18 members some of Houston's most powerful Democratic officials, including U.S. Rep. Sheila Jackson Lee and state Sens. John Whitmire, Rodney Ellis and Mario Gallegos, along with a slew of state representatives.
The group explained its purpose in a January statement: to help insure the “quality and diversity” of Democratic nominees chosen from candidates seeking dozens of judgeships.
Some candidates see more sinister motives.
“This is a smoke-filled, backroom, old-boy type thing,” judicial candidate Reginald McKamie said.
McKamie, running for the 295th Civil District Court, and several other judicial candidates, complained the influential coalition appears to represent the party “establishment” even though the party itself doesn't endorse in primaries.
Harris County Democratic Party Chair Gerry Birnberg said he's stayed away from the group, but he worries about the perception that the party is somehow involved.
Although the coalition statement promises a “very careful screening of judicial candidates,” several candidates described a rote, abbreviated process that gave the impression that the fix was in.
Walters, the probate court candidate, said that on the December day she was screened by coalition members, she waited several hours at the law firm of Steve Mostyn for an interview that lasted “less than a minute.” She said the group didn't even ask her to fill out a questionnaire.
“It was so fast, you're like ‘whoa, what was that?' ” said Walters, a civil trial lawyer for 20 years.
Lee Arellano, running for the 270th Civil District Court, said he wasn't screened at all before the coalition endorsed his opponent.
Whitmire, the dean of the Texas Senate and coalition member, dismissed the criticisms, saying there was no fix and the candidates were thoroughly vetted in a process that involved “pretty extensive” interviews and questionnaires borrowed from the party.
“Anybody that's grumbling, it's mostly just sour grapes,” Whitmire said.
And these should be such happy times for the Democrats.
lisa.falkenberg@chron.com
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| Note: |
Judicial Q&A: Priscilla Walters
(Note: I am running a series of Q&As for judicial candidates in contested Democratic primaries. There are a lot of judicial races on the ballot in Harris County this election, and so this is intended to help introduce the candidates and their experiences to those who plan to vote in March. I am running these responses in the order that I receive them from the candidates. I will also be conducting some in-person interviews of candidates who will be involved in contested primaries for non-judicial offices.)
1. Who are you, and what are you running for?
My name is Priscilla Walters and I am running for Judge, Probate Court 3.
I am a native Texan; I grew up in Houston and graduated from Spring Woods High School. I studied nursing and biology in college, and graduated with honors from Texas Women's University in 1977. I practiced nursing for ten years before entering the University of Houston Law School. I graduated in 1990 and I have had a diverse civil law practice since that time.
2. What kind of cases does this court hear?
Probate Court 3 is a Statutory Probate Court. Most Texas courts are created by the constitution, but the constitution authorizes the legislature to create other courts as necessary. Statutory Probate courts have been created by the legislature in the state's larger counties.
These Courts have very broad jurisdiction. Generally, the Court probates wills, established guardianships for incapacitated persons and minors, supervises the administration of estates of deceased and incapacitated persons and minors, and hears matters involving trusts.
Probate Judges also hear lawsuits pertaining to or "incident to an estate" of a decedent or ward and actions by or against a personal representative of an estate. Therefore, trials are conducted for medical malpractice, wrongful death and personal injury lawsuits, to name a few. Cases involving contracts, property ownership or damage, breach of fiduciary duty, and family law are now commonly litigated in Probate Court.
3. Why are you running for this particular bench?
Probate Court 3 hears most cases in the county involving civil mental health commitments. An example of this type of hearing would be when there is a request for commitment of a person who may be a danger to themselves or others. The court also conducts medication hearings to determine the necessity of medical treatment and hearings to determine whether there should be an order to resuscitate a terminally ill person. Probate Courts make life and death decisions regarding the wellbeing of the citizens of Harris County, and the Judge should care about these issues.
The incumbent Judge Rory Olsen has done a terrible job. Witnesses have complained that he is disinterested, impatient and uncaring toward the mentally ill and toward potential wards of the court. Olsen declined a request by members of the Houston Psychiatric Society to meet and discuss their concerns! In the most recent Houston Bar Association poll, Olsen received the lowest rating among Probate Judges. The Republican dominance in the Harris County Judiciary between 1992-2008 has produced Judges who haven't had to be accountable to the citizens of the County. They have shown a poor work ethic, bias and cronyism. That needs to change.
4. What are your qualifications for this job?
I chose Probate Court 3 because I have healthcare experience. No other candidate has any education, training or experience in the mental health or healthcare fields. In deciding on emergency health care matters, the Judge needs to understand the complexities of mental and physical diseases.
As a civil trial lawyer for the past 19 years, I have had cases in Federal courts, State district Courts and in Probate courts. I have represented individuals, businesses, school districts, families, physicians, estates, and disabled children and adults. These cases have involved contract disputes, products liability, medical malpractice, wrongful death, healthcare fraud, wrongful termination, and many other issues. My cases frequently involve estates and persons under guardianship. My range of experience is as broad as the courts jurisdiction; I have experience in more fields of law than any other candidate in this race.
During the past 29 years of my professional life, I have developed empathy for people in crisis. I have good leadership and problem solving skills. I believe that people who find themselves in the courts should be treated with fairness, dignity and respect. I want to provide the citizens of this county with excellent service without wasting their assets and without causing unnecessary stress, delay and expense. No one will work harder than me.
5. Why is this race important? We need qualified, compassionate judges in the Probate Courts. With the exception of Probate Court 1, all sitting Probate Judges are Republicans. These judges have long enjoyed absolute job security, regardless of performance. In addition to the problems that I've already mentioned, there have been published accounts of judges who allowed sizable estates to be wasted by court appointed attorneys, guardians and executors. We need to restore balance to Probate Courts, and I know that I can do a better job in Probate Court 3.
6. Why should people vote for you in the primary?
I am the most qualified candidate for Probate Court 3. Unlike my primary opponent, my experience is not limited to wills and trusts. I have significant experience in almost every subject that is adjudicated in Probate Court 3. I am the only candidate with Healthcare education, training and experience. I have 19 years of civil courtroom experience in courts of various jurisdictions. I am a lifetime Democrat, and a sustaining member of the Party. I am excited about the prospect of serving the citizens of Harris County, and I hope to have your vote in the March 2, 2010 Democratic Primary.
Posted by Charles Kuffner at January 29, 2010 05:40 AM