Criminal appeals court needs public defender

The Texas Court of Criminal Appeals long has been considered a lost cause for those seeking to appeal criminal sentences. The CCA has a long history of denying sentences handed down by trial court juries. It’s seen as a prosecution-friendly court.

Why not elect someone with experience as a public defender?

The Texas Tribune has put together an excellent analysis on the upcoming Republican primary for the state’s highest criminal appellate court. Seven GOP candidates are running for three seats on the court. One of the incumbents, Tom Womack, is leaving the court. His Place 4 seat has drawn three challengers. One of them is Jani Jo Wood, a public defender from Harris County.

According to the Tribune, Wood “has billed herself as a constitutional conservative with the most experience fighting ‘government overreach’ on behalf of defendants.”

“Currently, no one on the court has been a public defender,” she told the Tribune. “One judge out of nine doesn’t make a decision, but one judge out of nine can provide an insight into cases that other judges wouldn’t have.”

http://www.texastribune.org/2014/02/11/larger-turnover-shapes-texas-criminal-court-race/

I’ve long thought the CCA, along with Texas Supreme Court — the state’s top civil appellate court — needed more diversity. The Supreme Court is loaded with pro-business lawyers and none from the plaintiff’s bar. The CCA is top-heavy with prosecutors.

Why not add someone with a different perspective to lend at least a touch of balance to the court’s decision-making process?

I believe that is the kind of message Jani Jo Wood is trying to convey.

In a perfect world, we could elect judges with no particular axe to grind. How do we find that person? They come either from the defense bar or are prosecutors. Lawyers running for these courts have to walk a fine line and seek to sell themselves to voters as jurists who can examine every case on its merits without regard to any bias they might have for one side or the other.

However, the Court of Criminal Appeals — with its long and sometimes contentious history of denying criminal defendants’ appeals — could use at least a little fresh perspective in its ranks.