Tag Archives: Wallace Jefferson

Restrict judges' fundraising

Restricting Texas judges’ ability to raise money from campaign contributors is a smashing, capital idea.

Let’s do it.

Oh, I almost forgot. Texas is the place that doesn’t like restricting political activity even among judges who are supposed to remain impartial and fair to all who appear before them in court. The big-donor lawyer isn’t supposed to be treated differently than, say, the lawyer who gives to another candidate who happened to run against the judge before whom he or she is appearing.

http://www.texastribune.org/2015/05/15/analysis-distance-between-judges-and-politics/

Ross Ramsey’s analysis in the Texas Tribune speaks to possible changes, though, in state law that might mimic a Florida restriction. Florida elects its judges, too, but judges cannot go around asking for money; that’s left to campaign committees.

It’s not nearly a perfect solution. My preferred reform would be to appoint judges initially and then have them stand for retention; if they’ve done a good job, voters can keep them in office, but if they mess up, voters have the option of kicking them out.

That won’t happen in my lifetime in Texas.

According to the Texas Tribune: “If you are an incumbent judge and you call a lawyer and ask for money, what is that lawyer going to say? No?” asks Wallace Jefferson, a former chief justice of the Texas Supreme Court who now practices law in Austin. “That incumbent judge is going to raise more money. But no one should feel pressured to contribute.”

Jefferson is one of my favorite Texas judges. He always makes sense and I wish he still sat on the state’s highest civil appeals court. But … I digress.

One interesting ploy that many well-heeled lawyers use is to contribute to both candidates running for the same judgeship. Walter Umphrey is a high-octane plaintiff’s mega-lawyer in Beaumont, where I used to live and work. He is known as a Yellow Dog Democrat, but he would give big money to Republicans, just to cover his bets in case the Republican won a seat in Jefferson County, which at one time — but no longer — was one of the state’s last bastions of Democratic Party loyalty.

The whole notion of judges collecting campaign money from lawyers who might represent clients before those very judges is anathema to me.

Ramsey writes that a lot of Texas lawyers and judges feel the same way. They want to change the system.

The problem, as I see it, lies with the many other lawyers and judges who like the system just the way it is.

 

Thanks, Mr. Chief Justice

I’ve commented on this already, but it bears repeating with the news that Texas Supreme Court Chief Justice Wallace Jefferson is leaving the bench soon.

I wish the chief well as he goes on with the rest of his life and, presumably, his legal career.

http://www.texastribune.org/2013/09/07/playlist-had-enough/

My fondest memory of the chief justice has nothing to do with his knowledge of jurisprudence — but it has everything to do with his sense of decorum and propriety outside the courtroom.

Chief Justice Jefferson came a’callin’ at the newspaper where I worked a few years ago. He was running for re-election and wanted to visit with the editorial page “staff” — that would have been yours truly — to make the case for sending him back to office for another term.

We sat at a large conference table, along with a young aide who was traveling with the chief justice.

The aide, a woman of about 24 or 25, was sending text messages while Jefferson and I talked about court matters. The chief justice stopped talking suddenly and asked his aide what she was doing. “I’m sending a text message,” she said. “Put the device down,” Jefferson said. “But this is important,” she responded, to which the chief justice said in a tone approaching anger, “Then take it outside!” She left the room.

I thanked the chief justice for his attention to good manners.

And I am thanking him now for his service to the Texas judicial system.