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League of Women Voters of Texas Education Fund 1212 Guadalupe St. #107 Austin, TX 78701-1800 (512) 472-1100


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This Voters Guide is organized by office, with candidates listed by party. Ballot order will vary from county to county. The Voters Guide and other helpful information is available online by visiting the League's website at DemocracyNet is another resource for voter information that the League offers. Visit this site at to find your candidates at the federal, state, and local levels.


This Voters Guide is funded and published by the League of Women Voters of Texas Education Fund, a 501(c)3 organization, to help citizens prepare to cast an informed vote. This educational organization, associated with the League of Women Voters of Texas, operates exclusively for educational purposes in the general areas of government and public policy, carrying out its objectives through research, publication of educational materials, and other appropriate projects. The League of Women Voters is a nonpartisan organization that works to promote political responsibility through active, informed participation of all citizens in their government. Neither the League nor the Education Fund supports or opposes any political party or candidate. This Voters Guide lists all candidates for statewide and some Court of Appeals races and includes responses to a questionnaire sent to those candidates in contested races. Candidate replies are printed without editing or verification. Due to space restrictions, candidates were given strict word limits for replies. Replies exceeding the word limit are indicated by ellipsis (...). Candidates were also asked to confine their responses to the questions asked and to avoid references to their opponents.

2002 League of Women Voters of Texas Education Fund

You may bring this Voters Guide into the voting booth! In 1995, the Texas law prohibiting use of printed materials, such as this Voters Guide, in the polling place was ruled unconstitutional. VOTERS INFORMATION

VOTING CERTIFICATE After you register, you receive a voter registration certificate which you should present at the polling place in order to vote. If you have lost or misplaced your certificate, notify the voter registrar of your county in writing, and he or she will issue a replacement certificate. The current voter registration certificate is orange. You must vote in the precinct of residence designated on your voter registration certificate. You will receive a new certificate every two years as long as your registration is not canceled. MOVING WITHIN THE COUNTY After moving, notify the county voter registrar in writing of your new address. You should transfer your registration to your new address as soon a possible. You may vote at your previous precinct for one year after you move (or until your registration is transferred, whichever comes first). MOVING FROM ONE COUNTY TO ANOTHER If you move from one Texas county to another, you must re-register in the county of your new residence. You may be eligible to vote a limited ballot for 90 days after you move if your new registration is not yet effective. However, the limited ballot is available only during early voting, not on election day. Contact the county clerk or elections administrator in your new county for information.


* You must be a citizen of the United States. * You must be at least 18 years old on the day of the election. * You must be registered to vote. * You may register to vote at any time. However, in order for you to vote in a particular election, your application for registration must be postmarked or received by the registrar at least 30 days before that election. (October 7th is the deadline to register to vote in this election.) * You must not have been declared mentally incompetent by a court. * You must not be on parole, probation, or in prison for a felony conviction.


Where do I vote? For early voting and election day voting locations, you will need to call the county clerk/elections administrator's office in the county in which you are registered. To find the number, check the blue pages of your local telephone directory or go to: and scroll to your county. You may also want to check your local newspaper for voting locations. How do I find out if I am registered to vote or if I am on the voter rolls in the county where I reside? To inquire about the status of your voter registration, call the voter registrar's office in the county in which you reside. I know that I'm registered to vote, but I can't find my voter certificate/card. Will I be able to vote without it? If you are a registered voter and you have lost or misplaced your voter certificate, you may vote without your certificate by providing some form of identification (such as a drivers license) and signing an affidavit at the polls. This is the procedure to follow if your voter registration is still current and your name appears on the voter rolls in your county of residence.


League of Women Voters-Texas League of Women Voters-United States Democracy Network Secretary of State's Office House Research Organization (Link from) Texas Legislative Reference Library

*Some voting information on this page was obtained from the Secretary of State's office.

Funding of Voters Guides is furnished by the League's Education Fund which is supported by contributions from individuals, corporations, and foundations. The Education Fund gratefully acknowledges major contributions from:


On November 5, polls are open 7:00 a.m. to 7:00 p.m.

For continuous coverage of local, state, and national races, visit... (DemocracyNet)

Your Candidates, Your Issues, Your Decision

The Dallas Foundation Harold T. Simmons Foundation Hatton W. Sumners Foundation H.E.B. Grocery KVUE The Plum Foundation Rohm & Haas Texas, Inc. Ruth McLean Bowman Bowers Foundation SBC Management Services Southwestern Bell XTO Energy

Constitutional Amendment


HJR 2 would amend the constitution to allow the commissioners court of a county to declare the office of constable dormant if that office has been vacant for at least seven consecutive years. The records of a constable office that is declared dormant will be transferred to the county clerk. The office may not be filled by election or appointment unless the commissioners court votes to reinstate the office or a majority of votes cast in an election held on the issue favor reinstatement. The reinstatement election may be held if the commissioners court on its own motion orders such an election, or the reinstatement election must be held if the commissioners court receives a petition signed by 10% of the registered voters of the constable precinct. The proposition will appear on the ballot as follows: "The constitutional amendment authorizing the commissioners court of a county to declare the office of constable in a precinct to be dormant if the office has not been filled by election or appointment for a lengthy period and providing a procedure for the reinstatement of the office." (FOR/AGAINST)

Six-year term. Must be at least 30 years old, a resident of the United States for at least nine years, and a resident of Texas. One of 100 members of the U.S. Senate which has specific powers to advise and consent to presidential appointments and treaties and to try impeachments. Powers the Senate shares with the U.S. House of Representatives include the power to levy taxes, borrow money, regulate interstate commerce, and declare war. Salary: $145,000.

U.S. Senator

Please describe the training and experience that qualify you for the position of United States Senator. (50 word limit)

Describe the elements you would support or oppose in a national energy policy. (75 word limit)

In light of the Enron, WorldCom, etc. revelations, what approach should the federal government take to insure the financial integrity of companies operating in the U.S. (75 word limit)

How would you balance the need to protect American citizens from the terrorists with the need to retain our civil liberties? (75 word limit)


I am running for United States Senate based on my conservative principles and my proven record of accomplishment for the people of Texas as state Attorney General, former Texas Supreme Court Justice and District Judge. An imbalance exists between energy supply and demand that could undermine our economy and national security. I support steps to increase domestic supply, conservation and use of alternative cleaner fuels, and to reduce our dependence on foreign sources. We should provide tax credits for marginal oil and gas wells, and start new exploration in Alaska. We must modernize our infrastructure to ensure that energy supplies can be safely transported to homes and business. Our capitalist system depends on the honest disclosure of corporate finances so investors can assess a company and act accordingly. I support increased openness and transparency, including more timely disclosure of new corporate board members and stock option grants. I also support prosecuting those responsible for financial abuses to the fullest extent of the law, and efforts to clean up business practices, tighten accounting regulations, and promote other corporate reform proposals. I believe that our government institutions must not infringe upon basic freedoms. Freedom and security are not mutually exclusive. Maintaining confidence requires openness and accountability to assure that "we the people" remain the master and not the servant of our government. We can win our war against terrorism without surrendering our individual rights.


My career spans over 20 years of public and corporate service. I worked for Senator Lloyd Bentsen, was chair of Texas' General Service Commission, and was Texas Secretary of State. As Mayor of Dallas, I brought Democrats, Republicans, and citizens together to cut crime and taxes and attract new investment. I support a balanced plan that expands our energy supply by providing a diverse energy mix. We must encourage resource and development in new energy technologies that promote the greatest level of conservation at home, in business, and in industry. Through robust support of Federal R&D programs, we can promote the development of cleaner, environmentally sensitive technologies that lead to more efficient uses of hydrocarbons, coal, renewables, and other energy sources without instituting new mandates. Corporate deceptions and bogus accounting practices have hurt many Texans and drained the retirement nest-eggs of Americans who have fallen victim to these irresponsible actions. These recent corporate scandals have undermined trust in the market. We need to take action to restore public trust and our economic strength, beginning with ensuring the accuracy of financial information and eliminating corporate conflicts of interest. I commend President Bush for enacting legislation to that end. Our primary responsibility as public servants is to protect the lives of citizens. I think we need to take whatever actions necessary to defend our homeland security. At the same time, especially in a time of crisis, we cannot jettison our fundamental values and beliefs. We cannot discriminate against others under the rubric of national security, and we must always remember that we are fighting to preserve our fundamental freedoms.

Scott Lanier Jameson, LIBERTARIAN

I attended Baylor University with a National Merit Scholarship, earning a BBA in Finance/ Economics. From UTA, I earned a MBA. Recently, I graduated from UTD with a MS in e-commerce. My work experience spans telecommunications, computer sales, and financial services. I have solid and ethical supervisory and budget control... I propose to limit the federal government's sources of income to just two: profits from the Federal Reserve banking system, and a production tax on energy sources. This would vastly increase the collection efficiency of the federal revenue stream. We would no longer be subjects of a tyrannical income tax system. Also, we could be confident of the accuracy of the books of energy producers, since the feds would be free to focus on them. Corporations act under state charters. From a government perspective, it should be the responsibility of each state to monitor the regulatory compliance of their corporations. However, public corporations should continue to be accountable to their exchange regulations. Ultimately it is the responsibility of a corporation's stakeholders to hold it and its officers accountable. If your money is at risk in the market, then you should be motivated to track what your investment targets are doing. If we want to avoid tragedies, we need to stop giving away our money and military technology. Americans have not failed to protect themselves because they have yet to give up enough of their civil liberties. Libertarians believe in a strong military defense, but not at the cost of freedom. Instead of growing a spy bureaucracy, the federal government should focus on optimizing our use of non-military technologies and diplomacy to interact with other nations.

Roy H. Williams, GREEN

Over 10 years in community activism and neighborhood development and affirmative action advocacy, including working with grass roots groups, businesses, and Dallas city staff to promote issues of equal access to goods and services throughout the community. Lead Plaintiff in City Council redistricting lawsuit (Williams vs. the City of Dallas,...


There should be a focus on a sustainable energy policy, which pays special attention to the environment when there is resource extraction through mining and drill. In addition energy conversion, distribution and delivery, and efficiency of use should be of prime consideration. Careful attention should be given to the following: Environmental consequences activities of energy related to Oil & Gas, Exploration, Production, Processing, and Transportation, Environmental systems and controls in areas related to fuels production,...

We are calling on Americans to hold the Bush administration responsible for relaxed law enforcement, corporate cover-ups, and secret government policies and operations. The sale of Harken stock by former executive George W. Bush is in every way comparable to the actions of Enron executives who dumped their shares just before their value plummeted. In both cases, wealthy corporate execs made a killing, while smaller investors and employees lost their savings.

We as Americans must PROTEST at the gas pump by reducing consumption of fuel by 50% or more. In spite of fluctuating and sometimes rapid spikes in gasoline prices, consumers are buying larger vehicles -- especially sport utility vehicles, minivans, and pickup trucks -- that are held to less stringent standards for fuel economy and typically use more gas than passenger cars. Given this trend, it should come as no surprise that the nation's overall fuel economy...


Four-year term. Must be at least 30 years old, a citizen of the United States, and a resident of Texas for the five years immediately preceding the election. Among duties: executes all laws and conducts all business with other states and the federal government; fills appointive offices; fills vacancies in state or district elected offices by appointment; calls special sessions of the legislature and sets their agenda; approves or disapproves every bill passed by the legislature. Salary: $115,345.

Please describe the training and experience that qualify you for the position of Governor of Texas. (50 word limit)

How do you propose to resolve the problems with school financing that have many school districts at or near the maximum rate of taxation? (75 word limit)

How would you balance long term state water quantity and quality needs with economic interests? (75 word limit)

How do you plan to provide adequate state social services given projected revenue shortfalls? (75 word limit)


I have a 17-year record of strong leadership experience in Texas government. I have helped balance five state budgets, cut wasteful spending and taxes, and prioritized education, health care, and economic opportunity. I have put forward detailed plans to build on my record to make Texas even better. Robin Hood is unworkable and unfair in the long-run. To ease the burden on local property taxpayers, I've championed $6 billion in new state education funding and property tax cuts since 1998. We removed school facilities funding from Robin Hood and have made it harder for school districts to become Robin Hood districts. I'm committed to finding a better school funding alternative and continuing to increase state education funding to reduce the burden on... Clean air and water are priorities in Texas. Economic growth and environmental protection must go hand-in-hand. My plans will preserve existing water resources and create new resources in Texas by developing a large-scale Seawater Desalination Project along the Gulf Coast. I want to improve water conservation and infrastructure by lining canals and replacing old water pipelines. My plan incorporates conservation and measures to safeguard Texas' water infrastructure and ports against possible terrorism. Texas' budget is balanced. In 2001, I protected the state's Rainy Day fund, which now contains almost $1 billion in unspent funds, and used my line-item veto authority to eliminate $500 million in unneeded funding. I also prioritized health, Medicaid, CHIP and public schools, which saw record increases. As Governor, I will draw from my 17-year record of fiscally responsible leadership to prioritize investments in health and education in a fiscally responsible way.

Tony Sanchez, DEMOCRAT

As a successful businessman, I have a proven track record in creating jobs, establishing priorities and helping Texas families. My experience in government includes working in the Lieutenant Governor 's office, serving as Commissioner of the Parks and Wildlife Department and as Regent overseeing the University of Texas System. We will treat education as our top funding priority. I expect the Joint Select Committee on School Finance to address this question and I look forward to their proposals. We also need to eliminate the "honesty penalty" in rendering business personal property for tax purposes. Today, some taxpayers are shouldering an unfair burden, while others take advantage of the fact that local tax appraisers have no enforcement powers to make them accurately render their property. As economic and population growth increase our demands on our water supplies, we must find ways to preserve our natural resources. I will pursue an active approach to water management emphasizing local control, junior water rights, conservation and improved water quality monitoring. As a successful businessman, I learned to stretch $1 into $1.25. My first priority will always be the health and education of our children. Common sense improvements do not have to bust our budget. Using common business tools and skills, Texas could free up significant resources for public education and health care. As governor, I will work with both parties in the legislature to guarantee our children come first.


I hold a degree in Government, but my experience as a citizen, a father, a taxpayer, an employee, and as a political volunteer are much better training and experience for any public office than formal education. No amount of tinkering with governmentrun schools will improve them enough to help the children of Texas' most disadvantaged families. Only separating School and State, taking the politics out of education and education out of politics, can give children of lower-income families the education they need to improve their standard of living. Since this would require legislative action, supporting Libertarians for the Legislature would help improve our children's future. Water is too important to entrust to politicians and bureaucrats; political control means politicized decisions. Also, government ownership leads to "the tragedy of the commons" - overutilization of the resource with no regard for the future. There must be incentives for assuring adequate supplies and quality, not for rewarding political contributors and special interests. This requires private ownership of, and a free market in, water and water rights. Most social services provide very little help for the disadvantaged, although they provide lucrative contracts for businesses favored by those who issue them. I favor privatizing these agencies, including the possibility of transferring them to their own clients, and reducing the tax burden on lower-income Texans and eliminating the laws and regulations that damage them economically and hamstring their efforts to improve their standard of living.

Rahul Mahajan, GREEN

I've spent eight years as a community activist, writer, and speaker, on issues important to Texans like affirmative action, Enron and corporate abuse, and "free trade." Being a corporate CEO qualifies you to be a dictator ­ being an activist qualifies you to be an elected official in a democracy. The school system is systematically underfunded. "Robin Hood" has addressed the worst of the funding inequities, but with inadequate total funding, corporate and individual donations are necessary to provide services. Those donations are heavily skewed toward richer districts. We must cut the link between property taxes and school funding, and start funding our educational system with statewide income taxes. Let's stop destroying our tax base with local tax abatements, which give corporations a free ride. The right of Texans to adequate supplies of clean water comes before any corporate interests. We must limit the wasteful use of public resources by agribusiness and impose strict standards on water pollution. Let's end insane corporate boondoggles like the PGA development in San Antonio on top of an environmentally sensitive aquifer recharge zone, which imperils the water supply of Central Texas. Let's make the TNRCC serve the people, instead of corporations. Revenue shortfalls are unnecessary ­Texas is very wealthy, even though we rank near the nation's bottom in social welfare indices. Instead of taxing the poor with high sales taxes and a lottery, we need an equitable system with a corporate income tax and a progressive personal income tax. Sometimes we're just miserly ­ to fund the Children's Health Insurance Program we only have to pay 29 cents on the dollar but we're actually cutting allocations.

Lieutenant Governor

Please describe the training and experience that qualify you for the position of Lieutenant Governor of Texas. (50 word limit)

Four-year term. Must be at least 30 years old, a citizen of the United States, and a resident of Texas for the five years immediately preceding the election. Among duties as part of both the Executive and Legislative branches: assumes powers of governor when governor is absent or unable to serve; acts as president of the senate; by statute, the Lieutenant Governor is a member of several Legislative branch boards and committees. The salary of Lt. Gov. is same as a Senator when serving as President of Senate and the same as the Governor when serving as Governor.

Do you favor continuing the recent tradition of appointing committee chairs from both parties? Explain the reasons for your position. (75 word limit)

How do you propose to resolve the problems with school financing that have many school districts at or near the maximum rate of taxation? (75 word limit)

How do you plan to provide adequate state social services given projected revenue shortfalls? (75 word limit)

David Dewhurst, REPUBLICAN

At the General Land Office, I increased services to Texans while cutting spending substantially, relying on proven business principles such as efficiency and productivity. Working with both Democrats and Republicans in the Legislature, we passed beneficial legislation helping Texas veterans and schoolchildren. I will do the same as Lieutenant Governor. Yes. It is the tradition of the Texas Senate to work together as a body to address the issues and solve the problems facing Texas. With only 31 members, and a two-thirds majority required to pass most legislation, the Senate cannot function with partisan, divisive attitudes. I worked with both parties to pass 24 of 28 bills supported by the General Land Office and I will continue this bipartisan spirit of cooperation as Lt. Governor. I am committed to increasing the state's share of the burden of funding public education, which will relieve the pressure on the school districts that have reached the $1.50 cap. I believe that we can increase the state's share in part by revising the investment strategy of the Permanent School Fund, similar to the PUF, which could increase money for schools by $1.5 billion. I do not support increasing the local tax cap above $1.50. I have been able to provide more services at a lower cost at the General Land Office and we can do the same across government. The projected shortfall may benefit us by forcing the Legislature to revise the way that government provides social services to ensure that we are more efficient and effective. We also need to form more public/private partnerships to allow business to share its expertise in managing money in economically depressed...

Lt Governor continued

Please describe the training and experience that qualify you for the position of Lieutenant Governor of Texas. (50 word limit) Do you favor continuing the recent tradition of appointing committee chairs from both parties? Explain the reasons for your position. (75 word limit) How do you propose to resolve the problems with school financing that have many school districts at or near the maximum rate of taxation? (75 word limit) How do you plan to provide adequate state social services given projected revenue shortfalls? (75 word limit)

John Sharp, DEMOCRAT

Texas faces a budget deficit of billions of dollars. A decade ago, in a similar crisis, I found billions in taxpayer savings and helped head off a state income tax. I know how to balance the state budget, without new taxes, while protecting vital services. I have always put Texas first and partisan politics last. That is also the tradition in the Texas Senate, and I will protect the rule that requires a two-thirds vote to pass legislation. Texans want to know that their elected representatives reflect their fundamentally moderate and common sense values. My endorsements from virtually every leading business, education, law enforcement and health association underscore my broad range of support. Let's fix the budget deficit and get Texas back on track. I'll find a way to fix the current Robin Hood system, because it's unfair to school districts. But here's my pet peeve: Rich families don't have to worry about college, poor families have scholarships, but the middle-class gets left out. Lottery proceeds should go to a scholarship plan like Georgia's for every student who maintains a `B' average. Fixing the state budget will require us to make tough decisions about state funding priorities. First, we have to make sure state programs are run effectively and efficiently. Everything involving state social services is in vain unless we fix this huge budget deficit. Effective children's health programs are critically important, and their health and education have to be at the top of the list after we fix the budget.

Mark David Gessner, LIBERTARIAN

No response received

Nathalie Paravicini, GREEN

I am an entrepreneur with international experience who has decided to focus on my community's development. I received an MBA from the University of Houston in 1988. In 1999, I resigned from a lucrative position to organize the Green Party. I now manage a non-profit supporting pregnant young mothers. We first need to focus on having elected officials who represent their constituency, and not big corporate donors. The Green Party is the only party that does not accept any corporate donation. Then it becomes easier to select dedicated committee chairs. I then support appointing committee chairs from different parties because it improves the negotiating climate by focusing the work on issues instead of politics. Furthermore, party affiliation does not measure knowledge, experience or integrity. Texas is the 11th largest state economy in the world. Yet, in the US Texas ranks 30th in education spending per pupil and 26th in teacher pay. There are 46,000 teaching positions filled by individuals without proper certification. Where is the wealth going? The consequences of such underfunding are very grave if Texas pretends to compete in the future with energy-efficient economies driven by information technologies. One of the solutions lies in tax reform. Electoral reform (Instant Runoff Voting) would save millions and improve participation. But the real problem is: 1) our taxes (sales & property taxes) don't raise enough revenues for the services we need, and 2) the money raised comes disproportionately from low/ middle income families; the bottom 20% of families pay 17.6% of their income in taxes, whereby the top 20% pay only 5.1%. We need to substantially cut property taxes and implement a fair income...

Attorney General

Four-year term. Among duties: legal advisor to the governor and all state officials and agencies; represents the state and its officers in lawsuits before the Texas Supreme Court, Texas courts of appeal, and many lower courts; issues advisory opinions on state and federal law to guide state agencies and officials. Salary: $92,217.

Please describe the training and experience that qualify you for the position Attorney General of Texas (50 word limit)

Child support enforcement is a principal responsibility of the attorney general's office. How do you propose to make this function more efficient and responsive? (75 word limit)

How would you use the attorney general's discretionary powers to balance the rights of consumers and business interests? (75 word limit)


As a Texas Supreme Court Justice and State District Judge, I ruled on the law and enforced the law for eight years. It has been my job to provide answers to the legal questions raised by the Attorney General. I have a proven record of holding wrongdoers accountable. Every child entitled to support must receive support. I will use a computer based early intervention system to ensure parents do not get behind in payments. I will seek criminal convictions for parents who refuse to pay. I will institute a "Rapid Response" system to ensure all requests and questions are handled promptly. I will also promote the Fatherhood Initiative to encourage a sense of responsibility in young fathers. I will strictly enforce the laws just as I did as a Supreme Court Justice. I will be an advocate for all Texans by prosecuting anyone who bilks consumers or pensioners out of their hard earned money, abuses or defrauds the elderly, or who prey upon our children. I will use a strict construction of the law to ensure stability and predictability in our legal system.

Kirk Watson, DEMOCRAT

As Mayor of Austin, 1997-2001, I created a legal and business environment that encouraged business to grow jobs and increase opportunities. I graduated first in my class from Baylor Law School and am a successful lawyer with broad experience representing families, doctors, businesses and some of our state's major... I am committed to the children of Texas. They will be taken care of and parents will be held accountable for the financial needs of their children. Among other improvements, I will ensure the Child Support Division has the brightest staff and best training to increase productivity and improve customer service; automate and digitize services; streamline the establishment of support orders; and use credit bureaus to report and locate parents who don't pay support. Texans need an Attorney General who has the independence to put the needs of Texas families and small businesses first. I have outlined a Pension Protection Plan that includes a Fraud Watch team specially trained to deal with corporate integrity to pursue corporate wrongdoing. With my record, I have proven that I have the independence, experience, and ability to govern in a way that is good for business while protecting Texas families.


BS Mathematics U Chicago, officer USAF, 3 decades as computer professional. See jr_res.htm . Reform lobbyist in Washington, DC. Candidate for US House of Representatives 1974. Author or editor and online publisher of 100+ works on constitutional history, law and government. See http:// . Enhance computer tracking system to better find delinquents and assess their ability to pay, thereby enabling better allocation of scarce resources to obtaining the most support for the greatest number of children. Improve collaboration with other states' systems to find out of state delinquents. Improve interfacing of custodial parents to system to make better use of their expertise in tracking delinquents and take advantage of breaking information they may gather. For large scale problems, such as insurance, use grand juries to investigate complaints and make recommendations that can strike a balance between the legitimate needs of consumers to get service at a reasonable price and the legitimate needs of vendors to make a reasonable profit. Reduce the needs of both sides to resort to litigation, which drives up costs for everyone and benefits only the lawyers.

David Keith Cobb, GREEN

No photo received I am a public interest attorney and have worked with the Program on Corporations, Law & Democracy ( since 1998. After graduating from Dickinson High School in 1981, I worked in construction for several years. I was a proud member of Pipeline Workers Union Local #38. I would make certain that the attorneys in my office treat every parent seeking help as valued clients. I would encourage parents to maintain close relationships with their children, and work to ensure that no child suffers emotional or financial hardship. Parents who attempt to evade their financial obligations to their children will be aggressively pursued. I would use the office of Attorney General to assist local governments and community groups with drafting local laws to assert local, democratic control over corporations. I will initiate charter revocation proceedings against those corporations which flagrantly violate state and federal laws.

Commissioner of Agriculture

Please describe the training and experience that qualify you for the position of Commissioner of Agriculture. (50 word limit)

Four-year term. Must be at least 18 years of age, a citizen of the United States, and a resident of Texas for the twelve months preceding the election. Among duties: heads the agency and chairs the nine-member board charged with overseeing pesticide regulation. Salary: $92,217.

What role, if any, do you see for the Agriculture Commissioner in combating bioterrorism? (75 word limit)

Explain your strategy for dealing with population loss and economic stagnation in rural areas. (75 word limit)


No response received

Tom Ramsay, DEMOCRAT

The Agriculture Commissioner is the farmers' voice. A lifetime on the farm and 10 years in the Legislature qualify me there. But ensuring the accuracy of all gas pumps, store scales, and retail scanners is also the Commissioner's job. I'll establish effective enforcement to ensure everyone gets their money's worth. The best defense is to ensure that we have safe food all the time. The Ag Department no longer inspects food at our borders, giving easy entry to terrorists as well as food contaminated with dangerous pesticides banned in this country. Texans expect safe food. As Commissioner, I'll get the inspections done, and make sure the food you get is truly safe. The top priority must be education. We must ensure that all children, especially rural poor and minority children, have reason to stay in school and to believe it will bring them and their families a better life. Rural workers need access to education and training to learn new and necessary skills. Gimmicks make good stories, but provide very little benefit to most rural Texans. Young or old, there is no shortcut for real improvement.


I have studied Texas history and government. A keen sense of economics and observation of farming and ranching practice lead to the inescapable conclusion that the office of Agriculture Commissioner is obsolete and should be vacated. Farmers and taxpayers would both benefit from its abolition. Maintenance of soil fertility and healthy livestock are the first line of defense against any disease threat. A prudent choice of cultivar, vaccination schedule and a good working relationship with a professional agronomist or vet are required too. Dependence on a government bureaucracy like the Agriculture Commission would not be wise. Reliance on the federal Dept of Agriculture has reduced American farmers to welfare addicts. I respectfully disagree with the premise of the question. It should not be the function of government to keep every acre either paved or plowed. When the free market determines that some land should revert to a natural state then government should accept that. Subsidizing uneconomic land to keep it in production leads to overproduction, low prices and reduced incomes for all producers.

Jane Woodward Elioseff, GREEN

The Texas Department of Agriculture has regulatory and marketing responsibilities. Commissioner of Agriculture is an administrative position. I am an environmental projects coordinator, serving since 1999 as state treasurer for the Green Party of Texas. BA with honors, UT 1962; 20 additional hours in Landscape Design, Boston Architectural Center, 1980-82. The bioterrorist attack I most fear comes from genetically modified foods. A second serious concern is homestate sustainability. Texas imports 80% of its food; some 80% of our cropland is devoted to crops used for animal feeds and textiles. We need to fund programs to secure and preserve non-GE seeds; to emphasize organic and permaculture approaches to managing land; to encourage green markets and urban community gardens; and to expand the current "Go Texan" campaign. Farmers with smaller holdings are at a disadvantage in Texas. Most counties lack the authority to protect land and water from urban encroachments. Where other states are now refusing permits for confined animal feeding operations, Texas has become a haven for CAFOs and large-scale agribusiness. An active partnership between the state and such organizations as the American Farmland Trust, which purchases development rights, could begin to reverse population loss and relieve rural poverty.

Railroad Commissioner

Six-year term (on a three-person commission). Must be a Texas resident and qualified voter, not less than 25 years old, and must have no interest in any railroad. Among duties: regulation of the oil and gas industry, including drilling production, and environmental protection; natural gas utility companies; natural gas and hazardous liquids pipeline safety; surface mining of coal, uranium, and iron ore gravel, including land reclamation; transportation and storage of liquified petroleum gas, compressed natural gas, and liquefied natural gas; railroad safety; and encourages the use of clean-burning propane and researches new technologies for its use. Salary: $92,217.

Please describe the training and experience that qualify you for the position of Railroad Commissioner. (50 word limit)

What do you see as the role of the Commission in protecting groundwater in mining operations? (75 word limit)

Discuss the role of the Commission in assuring that Texas oil and gas pipelines do not present a threat to public safety through either improper construction, lack of upkeep or terrorists attacks. (75 word limit)

Michael L. Williams, REPUBLICAN

No photo received I serve on the Commission and have been the Chairman for almost three years, having brought 22 years of significant legal, policy and regulatory experience at both the federal and state levels. As a former Assistant Secretary at the national level, I led an agency larger than the Commission. One of our top priorities is protecting groundwater and our environmentally sensitive areas. As Commission Chairman, I'm working hard ensuring we get it right and that we're not only prepared to deal with problems, but correcting problems before they occur. This includes requiring applicants to demonstrate that ground and surface waters will be protected from harm and overuse with the submission of a reclamation plan that the Commission monitors, ensuring the protection of our water. Under my leadership, new pipeline safety and environmental regulations were established that are some of the toughest in the country. In fact, editorial boards have applauded them. The Commission now requires higher standards for pipeline integrity management plans associated with pipeline facilities. The Commission is submitting a legislative budget request to expand our program and guidelines to strengthen the One-Call program and is developing minimum security measures for the oil and gas industry.

Sherry Boyles, DEMOCRAT

An attorney and legislative advocate, Boyles has 12 years experience with state government. Boyles' top qualification is her vision of transforming the Commission into an integrated energy agency accountable for expanding energy industries, including renewables and alternative fuels. Boyles wants Texas to be an energy powerhouse in the 21st Century. Mining operations impact our most precious resource-- groundwater. Stricter regulations offer short-term solutions. Texas needs a long-term plan to diversify our energy sources to achieve our vision for energy--clean, affordable, and sustainable. That is why Boyles favors developing a state energy plan to augment our fossil fuel resources, ensure our independence, and promote clean energy infrastructure. A state of innovators and true pioneers, Texas should take the lead in developing new energy technology. The Commission regulates in-state pipelines that carry oil and gas that are toxic to water if leaks occur and dangerous if they explode. Additionally, a strategic terrorist attack could dramatically impact Texas' energy infrastructure and economy. That's why it is important to choose independent decision-makers, like Boyles, who do not have close ties or conflicts of interest in the energy industry. Boyles will make balanced decisions to serve the best interests of all Texans.

Nazirite R. Flores Perez, LIBERTARIAN

No photo received Attended to: (SA) College, Paralegal Researcher (MDTA) Government, TEXAS (A&M) Refigeration (Co2) Engineering University and Business Technology (SWRI), Researcher Petroleum Industry Kelly (AFB), Restoration Advisory Board (RAB), Plus Technical Review Subcommittee (TRS), (USEPA) United States Environmental Protection Agency, Member Study Bioenvironment As a Texan my job would be to assure And insure water to be safe, health for a Baby. As a devoted citizen of the State Of Texas, I would re-check ground water Records to be specification for agriculture Use, cleaning of soil from run off mining Water. A plan of processing to store and Appropriate contents off contamination. Plus pollution, oil, Nature gases, Soils, Waters, are To be divided by walls of elements. I would oversee pipelines reports that would carry oil, gas, toward water location would work with (TNRCC) and (EPA) government agency. I would work with this agency for redevelopment, create mapping locations to avoid incidents check pipelines, aging and conditions toward the toxic leaking exposed to danger and explosions In the future their will be danger To oil supple by terrorists attacks with man Nicrorganicim. 5

Railroad Commissioner


What do you see as the role of the Commission in protecting groundwater in mining operations? (75 word limit) Discuss the role of the Commission in assuring that Texas oil and gas pipelines do not present a threat to public safety through either improper construction, lack of upkeep or terrorists attacks. (75 word limit)

Please describe the training and experience that qualify you for the position of Railroad Commissioner. (50 word limit)

Charles L. Mauch, GREEN

BS Petroleum Engineering, UT Austin; MBA University of Houston; registered professional engineer. Five years independent oil operator; 30 years with major oil company as refinery process engineer, production engineer, and natural gas marketing representative; eight years City of Houston as inspector/environmental engineer. Retired 1998. The federal government has issued voluminous regulations to protect the environment (including ground and surface water) from effects of mining operations, and RRC regulations are at least as stringent or more so. But regulations do no good unless strictly enforced, so I would ensure sufficient staff and budget are available for this purpose. The best protection would be that I would not approve issuance of any new strip mining permits. The Pipeline Safety Section manages over 150,000 miles of pipelines transporting natural gas and hazardous liquids. Numerous other state and federal agencies are involved in various phases of this operation, such as the TNRCC, GLO, DOT, US Army Corps of Engineers, and EPA. Adequate regulations are in place but they do no good without strict enforcement. I would provide sufficient staff and budget to make sure we achieve compliance.

Comptroller of Public Accounts

Please describe the training and experiene that qualify you for the position of Comptroller of Public Accounts. (50 word limit)

Four-year term. Must be a citizen of the United States and a Texas resident. Among duties: collects taxes and fees owed the state; reports the state's financial condition to the Legislature at the end of each fiscal year and provides estimates of revenue for the coming year; provides economic development assistance to local governments and businesses; audits the performance of Texas schools. Salary: $92,217.

How do you view the role of the comptroller in informing the legislature and the public about the state's financial condition? (75 word limit)

Should the Comptroller's office continue to review local school districts? Please explain your answer. (75 word limit)

Carole Keeton Rylander, REPUBLICAN

Mother, grandmother and fiscal conservative with a straightforward, common sense approach to governing ­ limited government, unlimited opportunity. Experienced public servant, public school teacher, school board president, three-term Austin Mayor, Texas Municipal League President, small business owner, elected and reelected Texas Railroad Commissioner, and the first woman Comptroller. Tell it like it is. Texas has a balanced budget because of my conservative revenue estimate; earned $3.5 billion on investments, historic three-year record; built Rainy Day Fund from $77 million to almost $1 billion; held economic summits across Texas; identified cost savings for my TexasNextStep proposal offering every Texas high school graduate two years of public community or technical college free ensuring an educated workforce, good paychecks and jobs. Absolutely. Nothing is more important than education. I quadrupled the performance reviews, driving more of every education dollar directly into the classroom with the students and teachers, where it belongs. I am proud that I found ways to give teachers much deserved salary increases, with no tax increases, by recommendations eliminating top-heavy administrative positions. When fully implemented, our reviews will save taxpayers over 690 million dollars while protecting our most precious resource ­ our children.

Marty Akins, DEMOCRAT

BBA - University of Texas 1975; J.D. University of Houston Law School 1978; Successful attorney, rancher, and businessman; Fiscal conservative who will partner with local tax districts, make sound state investments, provide accurate revenue projections to the Legislature, protect public schools, and develop a statewide economic development plan. As Chief Financial Officer, the Comptroller is vital to state prosperity in four areas: Revenue projections: Role of an Economist shaping budget forecasts and priorities; Performance reviews: Role of an Auditor highlighting savings for state agencies and school districts; State funds: Investor of state funds to maintain the solvency of Texas' future; Certification of Budget: Certifier of state spending priorities and overall budget. As Comptroller, I will honor these responsibilities and protect Texas taxpayers. Yes. Performance reviews of districts, done to cut waste and save funding, are an effective way to guide spending and emphasize priorities. As instituted by John Sharp, Texas has seen the benefits of performance reviews and school districts have preserved needed services and funding. As Comptroller, I will continue performance reviews as a partner with local school districts in an effort to set priorities, efficiently allocate funds, and protect public schools.


Filed after response deadline

Ruben L. Reyes, GREEN

No response received

Commissioner of General Land Office

Jerry Patterson, REPUBLICAN

Four-year term. Must be at least 18, a citizen of the United States, and a Texas resident for at least the 12 months preceding the election. Among duties: management of state lands and mineralright properties totaling 20.3 million acres; repository of state land documents; responsible for the prevention and response to oil spills that occur on "submerged" lands out to 10.3 miles in the Gulf of Mexico. The Commissioner also serves as chairman of seven state boards, including the School Land Board, the Veterans Land Board, and the Coastal Coordination Council. Salary: $92,217.

Please describe the training and experience that qualify you for the position of Commissioner of the Texas General Land Office. (50 word limit)

What do you see as the role of the General Land Office in the development of a state land use policy? (75 word limit)

How would you maximize the income to the permanent school fund from oil and gas leases? (75 word limit)

Graduate Texas A&M 1969. LtCol USMC(ret.) and Vietnam veteran. Texas Senator 1993-1999: author Texas Concealed Handgun Law, Home Equity Law, Coastal Management Plan, and Veterans Home Law. Commitment and continuity are important in this office, therefore I will seek re-election as Texas Land Commissioner in 2006.

The Texas legislature develops land use policy, not the GLO. Only about 3% of Texas' surface acreage is stateowned. However, the GLO manages 20.3 million acres of state lands/mineral properties, including submerged lands to 10.3 miles offshore, provides veterans benefits through the Veterans Land Board chaired by the Commissioner, and protects and enhances our coastal resources. Revenues from these activities make the GLO self-sufficient, contributing millions to public education.

By combining historical data from the GLO and the Railroad Commission with the latest 3D seismic data, exploration and production companies can fully develop old fields previously thought depleted. The resulting increased royalty, bonus, ad valorem, and severance tax revenues will positively impact state and local public education funding. My State Lands Enhanced Recovery Plan will increase income to the Permanent School Fund by drilling precisely located, environmentally sound, profitable wells on state lands.

David Bernsen, DEMOCRAT

Experience leading a state agency as a Chairman of the Texas Department of Transportation. Leadership in economic development as Chairman of the 9-county Partnership of Southeast Texas. Success as Texas Senator on GLO issues ­ authoring landmark legislation on coastal erosion, bays and estuaries protection, and safe, clean beaches. As manager of 20 million acres of state land, the Commissioner should coordinate efforts to enhance water quality and availability, protect natural systems, and expand outdoor opportunities for Texans. I have a plan to coordinate the Parks and Wildlife Department, university systems and other state agencies for this purpose. Currently, the GLO manages leases on a case-by-case basis, with no clear strategy. I am developing a master plan for the long-term maximization of oil and gas resources. I will also expand programs for renewable energy for the benefit of the Permanent School Fund.


Commissioner of Gen Land Office

Barbara A. Hernandez, LIBERTARIAN

Filed after response deadline


Michael B. McInerney, GREEN

As a former journalist and editor, high-school teacher, Peace Corps volunteer, paralegal for the MichiganWisconsin Pipeline Co., I have met and faced many challenges in many different fields of endeavor. My multimedia studies of the Land Commission history and programs will make me an effective commissioner. The General Land Office must continue to fund and increase funding of the Permanent School Fund and Permanent University Fund. The long history of support of Texas veterans through home loan and land purchase programs should be continued. Pursuit of alternative fuels programs for automobiles and industry will be encouraged. The Open Beaches Act must be strictly enforced to guarantee that future generations of Texans may enjoy their beaches forever. Royalties from 16,000 producing oil and gas wells on state land currently support the Permanent School Fund. Once elected I will recommend to the Texas legislature such increases in the percentage of royalties sufficient to guarantee the future of the public schools and universities of Texas.

Justice, Texas Supreme Court

Please describe the training and experience that qualify you for the position of Justice of the Texas Supreme Court. (50 word count)

Six-year term. Must be at least 35 years old, a citizen of the United States, and a resident of Texas. Must have been a practicing lawyer or a lawyer and a judge of a court of record for a total of 10 years or more. Serves as a member of the court of highest appellate jurisdiction in civil matters in the state; has the power to issue writs of habeas corpus, mandamus, and others; presides over proceedings for involuntary retirements or removal of judges. Salary: $113,000.

How will the recent court decision allowing judicial candidates to speak on issues that may come before the court affect the way you conduct your campaign? (75 word limit)

Do you plan to comply with the voluntary expenditure limits of the Judicial Campaign Fairness Act of 1995? Please explain your answer. (75 word limit)


Tom Phillips, REPUBLICAN

Chief Justice Tom Phillips was appointed by Governor Bill Clements in 1987. The citizens of Texas subsequently elected him in 1988, and re-elected him in 1990 and 1996. Prior to becoming Chief Justice, he served seven years as a District Judge in Harris County. From 1975 to 1981 he was... There is a special committee which has been assigned to study this issue. For the time being, however, I agree with Chief Justice Rehnquist, who observed in his 1994 Report on the Federal Judiciary that substantive political issues "are questions upon which a judge's view should carry no more weight than the view of any other citizen . . . . There is certainly no formal inhibition on judges publicly stating their own personal opinions about matters of policy... Yes. I have tried to be a reformer both as Chief Justice and as a candidate for Chief Justice. In my first race, I set voluntary limits on the size of my contributions. Other candidates followed suit, and those limits have now been enacted into law for all judicial candidates. This year, I have concluded that it is not necessary for me to accept substantial donations in order to be re-elected. Since it is not...

Richard G. Baker, DEMOCRAT

The best - practicing law in trial and appellate courts at the highest professional level. Upon demonstrated knowledge, experience and peer review by attorneys and judges, the State of Texas honored me as 1 of less than 1.4% of all Texas judges and lawyers with special competence in Civil Trial Law. Not much. I will not compromise the integrity of the office nor a person's right to review by a fair and impartial judge. The decision gives candidates a greater opportunity to educate voters about judicial issues without fear of politically motivated attacks from vested interests that do not want any judicial issues discussed, period. I continue to believe that a judicial candidate should make no pledge nor promise other than to be fair and impartial. Yes but I find the $2,000,000 spending limit absurd. Judicial candidates should exercise character, integrity and discretion by neither accepting nor spending such absurd amounts - a current problem with the Texas Supreme Court. That type of money does not come from everyday Texans but from special interests pushing self-serving agendas. My campaign proves the voters can elect a qualified candidate who places them first rather than selling justice to those special interests.

Eugene J. Flynn, LIBERTARIAN

Filed after response deadline


Mike Schneider, REPUBLICAN

24 Years experience as Supreme Court, Chief Justice Houston Court of Appeals, State District and Municipal Judge. Currently serve as judge on Texas Supreme Court.100+ jury trials tried as attorney, Felony and Corporate Fraud prosecutor, School teacher. Degrees: Lon Morris College, SFA, UH (Law) University of Virginia (Masters Law). I will not change the way I conduct my campaign. Every citizen is entitled to due process. Due process means people have: (1) the right to a fair hearing (2) before impartial judges. Judges must not only be impartial, they must be seen as impartial. Judges cannot be seen as impartial if they state opinions about matters that could come before them. Also, judges can still be legally disqualified in such event. Yes, I do and I believe all judges should voluntarily comply with the Act. Judges must comply with the most strict campaign laws of all candidates running for office in Texas. I publicly report every contribution made and every expense incurred by my campaign. I am proud of the fact that over 700 people from all walks of life have contributed to my campaign.

Linda Yanez, DEMOCRAT

No response received

Quanah Parker, LIBERTARIAN

Lawyer for 30 years, 25 in private practice. Associate City Judge for Abilene & Hurst, Assistant District Attorney, Taylor County. Represented both sides in Criminal and Civil Cases. U.S. Army M.P., Captain. Sold Bibles door to door for 9 summers to get through Abilene Christian University and U.T. Law School. To speak freely is essential. People fought and died for the privilege. To take money from people and corporations who may come before the court count not help but influence individuals. The Apostle Paul said, "Obstain from the appearance of evil." I think that is good advice. If you have no money and your party has no money, that's easy. The answer is, yes.


Texas Supreme Court


How will the recent court decision allowing judicial candidates to speak on issues that may come before the court affect the way you conduct your campaign? (75 word limit) Do you plan to comply with the voluntary expenditure limits of the Judicial Campaign Fairness Act of 1995? Please explain your answer. (75 word limit)

Please describe the training and experience that qualify you for the position of Justice of the Texas Supreme Court. (50 word count)

Place 2 Dale Wainwright, REPUBLICAN

George W. Bush appointed me District Judge and Rick Perry appointed me temporary Supreme Court Justice. They recognize that I work hard, know the law and apply it fairly and impartially. I have resolved over 3,000 cases and will bring quality experience and a non-activist judicial philosophy to the Supreme... Recent court decisions regarding judicial candidate's speech will not change my campaign. I will continue to follow the law, educate voters about my experience and how I will make rulings fairly and impartially, and base my decisions on the law and facts rather than on a personal agenda. Although recent decisions change restrictions on judicial campaigns, it is still inappropriate to prejudge cases before hearing all the facts. My campaign is following the voluntary guidelines of the Judicial Campaign Fairness Act. Reasonable limitations on campaign financing for judicial elections help maintain the independence and impartiality of the judiciary.

Jim Parsons, DEMOCRAT

Practiced 28 years, 200 jury trials; District Judge 6 years, 100 jury trials; Certified Family Law, Civil Trial, Personal Injury; President State Bar of Texas; Alumnus of the Year, University of Houston Law School; Alumnus of the Year, Lon Morris College; Lawyer of the Year, MexicanAmerican Bar Association. I am going to abide by Canon 5 of the Texas Code of Judicial Conduct. The United States Supreme Court decision in Republican Party of Minnesota v. White as well as U. S. District Judge Jim Nowlin recent decision has created an enlarged right of judicial campaign speech and an equal obligation of judicial caution. Judges must follow the law and facts, not their personal opinions. I will continue to comply with the contribution and expenditure limits of the Judicial Campaign Fairness Act. Additionally, I will not accept campaign contributions from lawyers within my judicial district; will not use campaign contributions for personal expenditures; support stronger restrictions on use of judicial campaign accounts; will not raise non-debt campaign funds after the election; and, support increased funding, staffing and enforcement abilities for the Texas Ethics Commission.

Brad Rockwell, GREEN

Court: twice employed by the Texas Supreme Court to counsel and assist the justices in the work of the court. Private practice: represented small businesses, individuals, neighborhood associations, cities and environmental organizations in state and federal courts. Academic: UT Law School, Associate Editor of Texas Law Review. I plan to talk about how the Texas Supreme Court has: failed to uphold the rights of even a single Texas woman under the Texas ERA; renounced the right to a clean environment under the Texas Constitution and instead protected the property rights of corporations sucking Texas aquifers dry; eviscerated the constitutional right to equal education by approving a school funding system leaving hundreds of public schools without science labs or even libraries. Yes. I also pledge that once elected I will recuse myself from participating in any case involving a lawyer or party who made a financial contribution to my campaign. This is in sharp contrast to the normal practice of Supreme Court justices who amass contributions from companies like Enron and Halliburton and their law firms while deciding cases involving these corporations and lawyers. See: and

Place 3, Unexpired Term Wallace B. Jefferson, REPUBLICAN

Board Certified, Civil Appellate Law. Successfully argued cases before Supreme Court of Texas, United States Court of Appeals, 5th Circuit, and United States Supreme Court. Extensive trial experience as appellate counsel. Founded first civil appellate firm in Texas. Past President, San Antonio Bar Association, former member, Judicial Conduct Commission. It is vital to due process that judicial officers refrain from deciding a case before the facts and legal arguments are presented. For that reason, I will speak about my philosophy and experience, but will not announce my position on contested legal issues that are certain to be litigated in the Supreme Court of Texas. Judges' freedom of expression must be balanced against the litigants' right to due process before an impartial judge. Yes, I will comply with these voluntary limits. Having served on the Texas State Commission of Judicial Conduct I am intimately familiar with the appearance of impropriety caused by excessive expenditures in a judicial race.

William E. Moody, DEMOCRAT

Received BA UTEP; JD Texas Tech. Served as First Assistant DA 11 years, District Court Judge 16 years. Trial experience includes over 500 jury trials. Served on State Ethics Commission, Presiding Judge 6th Judicial Region, Presiding Judge El Paso Council of Judges. Captain US Army. Historian/Author, Representative-TexARC. On August 19, 2002, I signed a pledge entitled The High Road: The Texas Judicial Candidate pledge in response to the recent US Supreme Court decision. The pledge is a promise to refrain from making promises about how judges will decide issues before the court except where a judge's individual judicial philosophy can be stated in a manner that does not suggest how the judge would decide any particular case. Yes. I have and continue to support campaign finance reform particularly in reference to funding Texas Supreme Court elections. The present system has caused problems for candidates, contributors and voters. The public perception of justice for sale is prevalent throughout Texas. The best solution to this problem is to publicly finance Texas Supreme Court elections through filing fees from civil cases or from the general budget. Public confidence in the state judiciary must be restored.

Place 4, Unexpired Term Steven Wayne Smith, REPUBLICAN

Judges should interpret the law, not make new law. Therefore, my conservative judicial philosophy is an important qualification. I graduated from U.T. Law School with honors. My successful legal career representing ordinary Texans includes litigating the landmark Cheryl Hopwood v. Texas case that eliminated unconstitutional racial preferences at Texas universities. In August, I won a First Amendment lawsuit that found the Texas gag rule unconstitutional. The former rule prohibited candidates from discussing any prior judicial decision. I can now criticize the illegitimate "living constitution" theory used to support the 1989 Edgewood school finance decision that led to the current Robin Hood system. However, candidates should use their free speech rights prudently. For example, candidates should not discuss pending cases or respond to hypothetical fact patterns. Yes. However, that law does not go far enough. A law firm can still give $300,000 to a slate of Supreme Court candidates for the 2002 primary and general elections. I have made several reform proposals that would significantly reduce the money in campaigns. For example, Justices should recuse themselves from any case in which they have accepted a contribution of more than $1,000 from any of the parties during the most recent election cycle.


Texas Supreme Court, Place 4

Margaret Mirabal, DEMOCRAT


Appellate Judge nearly 14 years; Author, over 1500 appellate opinions; Appellate Judge of the Year, 1996; University of Texas Law School, 1975; Strong Bipartisan Endorsements, including: Texas Civil Justice League; Texas Medical Association Political Advocacy Arm; Texas AFLCIO; Texans for Lawsuit Reform; Texas Farm Bureau Friends of Agriculture Fund.

How can judges be perceived as fair and impartial when they announce their personal views on issues that may come before the court? I have signed the "Texas Judicial High Road Pledge" supported by Campaigns for People, a nonpartisan, nonprofit campaign reform group. The pledge recognizes the difference between Judges and legislators and the higher campaign standards required for judicial candidates. I am a Judge. Rulings must be based on the law, not personal views.

Yes. I have voluntarily complied with the expenditure limits in every one of my election campaigns, even before 1995. The Act was enacted to reduce undue influence by special interest groups on the Judiciary. In State and local Judicial Bar Polls, over the past 14 years, attorneys in all types of practices have consistently highly rated my Judicial performance. The wide spectrum of my bipartisan support attests that my rulings abide by the law.

Judge, Court of Criminal Appeals

Please describe the training and experience that qualify you for the postion of Judge on the Texas Court of Criminal Appeals. (50 word limit)

Six-year term. Must be at least 35 years old, a citizen of the United States, and a resident of Texas. Must have been a practicing lawyer or a lawyer and a judge of a court of record for a total of 10 years or more. Among duties shared with other judges: serves as a member of the court of highest appellate jurisdiction in criminal matters in the state; has the power to issue writs of habeas corpus and others. Salary: $113,000.

How will the recent court decision allowing judicial candidates to speak on issues that may come before the court affect the way you conduct your campaign? (75 word limit)

Do you think the rights of the legally indigent are adequately protected under current law/practice, particularly in death penalty cases? Please explain. (75 word limit)

Place 1 Tom Price, REPUBLICAN

I have been an elected Judge since November 11, 1974, at three different levels. I was a county criminal court judge for over twelve years, a criminal district judge for 10 years and have spent over 5 years on the Court of Criminal Appeals. It will not affect the way I campaign as I will not answer questions or make statements that I believe to be in appropriate for a judge to make. I do believe the rights of the legally indigent are adequately protected in death penalty cases. All jurisdictions in our state are required to keep lists of qualified lawyers that can handle death penalty cases. Only lawyers from these list will be appointed. The district judges in Texas appoint from these lists and appropriate money for the lawyers, translators, experts and investigators as requested by the appointed lawyer

John W. Bull, DEMOCRAT

As an attorney I tried numerous felony cases to a jury verdict, argued and briefed numerous appeals. As a Judge since 1999, I adjudicate between 4000 and 7000 cases per month. B.A. S.M.U., Dallas. J.D. St. Mary's University. Professor, Trial Advocacy, St. Mary's University. Member, State Bar College. No affect. I believe judges still must maintain the integrity of the judiciary. The new case does not prevent litigants from seeking the recusal of a Judge who has demonstrated bias or prejudice towards a party through public statements. As a former member of the District 12-C Bar Grievance Committee, I believe Judges and attorneys need to strive to ensure public confidence in the Justice system. In 2001 the Texas Legislature passed the Fair Defense Act. SB7 went a long way towards improving the state of indigent representation in Texas. One major improvement is the requirement Courts adopt minimum standards for Court Appointed Counsel ranging from misdemeanors to capital murder cases. It is incumbent on the Courts to ensure that lawyers appointed to represent indigent defendants are competent to handle the legal issues involved.

Stephan Kinsella, LIBERTARIAN

As a libertarian attorney, I understand justice, individual rights and the nature of law, and appreciate the dangers of government tyranny. Libertarian judges are essential to watch over the government's application of criminal law. I would vote to overturn unconstitutional laws and state practices. Not at all. My primary platform is that I will vote as a judge, in the interest of justice and individual rights, and against unconstitutional state laws and practices. The recent court decision does not bear on this. Guilty murderers deserve capital punishment. However, the state is notoriously incompetent at doing anything efficiently or fairly. Under our current form of government, the risk is too high that innocent people will be executed. The practical and just solution is to abolish the death penalty for the foreseeable future, and to abolish all victimless crime laws to reduce the number of innocent people tried and jailed.

Robert C. Owen, GREEN

I have devoted my career, since graduating magna cum laude from Harvard Law in 1989, to practicing and teaching criminal law, primarily in the area of the death penalty. That intellectually complex and emotionally challenging work has left me with an abiding concern for the law's impact on human lives. I hope now to be able to speak more freely, candidly and directly to voters, especially regarding Texas' profoundly troubling administration of the death penalty. Current law and practice, especially in capital cases, conspire to deny poor people their most basic legal rights. The courts should insist on zealous and skillful advocacy by defense counsel. They should enforce meaningful safeguards to prevent the execution of people with mental retardation or mental illness, as well as those whose execution would or might violate international law (such as those convicted as juveniles or those denied their rights as foreign nationals).

Place 2 Paul Womack, REPUBLICAN

No response received

Pat Montgomery, DEMOCRAT

No response received



Court of Criminal Appeals


How will the recent court decision allowing judicial candidates to speak on issues that may come before the court affect the way you conduct your campaign? (75 word limit) Do you think the rights of the legally indigent are adequately protected under current law/practice, particularly in death penalty cases? Please explain. (75 word limit)

Please describe the training and experience that qualify you for the postion of Judge on the Texas Court of Criminal Appeals. (50 word limit)

Place 3 Cathy Cochran, REPUBLICAN

Appointed to this Court by Governor Perry. Seventeen years experience as judge, prosecutor, defense attorney, law professor, author, Policy Director to Governor Bush. Member, Texas Youth Commission Board; Member, State Bar College; Board Certified--Criminal Law; J.D., summa cum laude, University of Houston; editor-in-chief, law review; B.A. Stanford... Not at all. I have always discussed legal issues of public interest and do not form opinions on specific legal questions until I rule on them. As a teacher, author, and judge I balance competing rights and interests to reach a fair legal conclusion in particular cases. Judges are not philosopherkings, free to create new law according to their personal opinions. We interpret, apply and uphold the law as written by the Legislature. No system requiring humans to make decisions is perfect, but our entire criminal justice system is working together to ensure that the innocent are not convicted, the guilty are judged fairly, and all accused citizens are represented by competent counsel. The Texas Legislature recently enacted laws to further improve legal representation for indigent defendants, providing needed state funding, training, expert resources, and prompt appointment of qualified counsel.


St. Edward's University 1966. University of Texas B.A., 1969, Juris Doctor, 1971. San Marcos Municipal Court Judge 1973, Assistant Criminal District Attorney, Tarrant County, 74-79. Prosecutor in juvenile, misdemeanor and mostly felony cases. Board Certified in Criminal Law by the Texas Board of Legal Specialization, since 1977. Attorney for... This decision does not impact the campaign much. It does allow for more discourse on the issues. Voters expect fairness and justice from judges and not rubber stamps for extreme positions. Most folks vote party lines. I believe and stress in my campaign equal justice and fairness. This depends on the (1) qualifications, (2) experience and (4) dedication of the appointed attorneys. I have prosecuted and defended capital cases and it takes at least these three elements. It takes these three elements in any case. Under the new system I see improvement in the quality of representation, but there are failures. The system continues to improve.

Ollie Ruth Jefferson, GREEN

I am a graduate of Alcorn State University and the Cleveland-Marshall College of law. I have conducted a private law practice since 1984. My life experiences and community service factor equally into my qualifications to serve. I intend to speak to groups about my life experiences, and how they shaped my values. Significant experiences in my life include upbringing in a religious household, facing the deprivation of poverty, early education in a segregated school system, and putting myself through college and law school. I know the effects of crime, not only through my clients, but personally, through the murder of a brother and nephew, and surviving a criminal assault perpetrated against... No ­ I do not. While I am concerned with the quality and availability of representation of any accused person who is indigent, I am particularly concerned with the appointment and payment of attorneys to represent those persons condemned to death. Statistics pertaining to those on "death row" clearly show that most have little education, are impoverished, and are of minority race. When persons face the ultimate penalty of loss of life, it is imperative that...

Justice, Court of Appeals

Six-year term. Must be at least 35 years old, a United States citizen, and a resident of Texas and the district for which he or she is seeking office. Must have been a practicing lawyer or judge for at least 10 years. Among duties: appellate jurisdiction co-extensive with the limits of judges' respective districts, which shall extend to all cases of which the District Courts or County Courts have original or appellate jurisdiciton. Salary: Between $107,350 and $112,000.

Please describe the training and experience that qualify you for the position of Judge on the Court of Appeal. (50 word count)

How will the recent court decision allowing judicial candidates to speak on issues that may come before the court affect the way you conduct your campaign? (75 word limit)

Do you think the rights of the legally indigent are adequately protected under current law/practice? Please explain. (75 word limit)

1st Court of Appeals District, Place 4 (Unexpired Term)---Houston Area Elsa Alcala, REPUBLICAN

I am currently the incumbent Justice on the First Court of Appeals. Governor Perry appointed me to this court. I was appointed as a State District Court Judge by Governor Bush and elected to that court in 2000. For 9 years, I worked as an Assistant District Attorney. The recent case states that candidates must be allowed to speak freely about issues. However, candidates should still be cautious about committing themselves to particular rulings about issues. Such commitments will lead to questions about the judge's impartiality and motions to recuse. Whenever appropriate, I intend to answer questions regarding issues during my campaign. However, I will not commit to rule any particular way regarding an issue that may come before me on the Court. In 2001, Senate Bill 7 became law, expanding an indigent defendant's right to adequate representation. Before that, Texas Courts were bound by other laws to provide indigent defendants with effective attorneys, investigators and sometimes, experts. Therefore, many current laws protect the indigent. However, because I know that no system is perfect, I do believe that some defendants will not receive the representation that they should. These cases, I hope, will be isolated and rare.

Austin M. O'Toole, DEMOCRAT

I have over 30 years business and legal experience and a Doctor of Jurisprudence degree from Georgetown. I clerked on the U.S. Court of Appeals in D.C. and know the appellate process. I am a volunteer mediator and served my country with the rank of Captain in the Marine... Appellate review of trial decisions should be based primarily on legal precedent as enunciated by the Texas Supreme Court and the Court of Criminal Appeals as applied to the particular case. Since each case is unique and should be decided on its merits, it is inappropriate for a judicial candidate to comment in advance on an issue which maybe presented to the Court after her or her election, and I will not do so. I believe there is a perception, in many cases on reality, that defendants with financial means receive more favorable outcomes in criminal proceedings than the legally indigent. The issue is one of equal access to justice as well as equal justice. Court appointed attorneys should be compensated at a level which encourages a criminal trial practice. While all attorneys have a duty to support these ideas, the Courts and the legislature must ensure compliance.

1st Court of Appeals District, Place 5 (Unexpired Term)---Houston Area Evelyn Keyes, REPUBLICAN

Service as appellate judge considering all types of cases; 14 years pretrial, trial, and appellate practice in complex civil litigation and arbitration; law firm partner; special assistant attorney general; Houston Law Center degree with honors; Houston Law Review Chief Articles Editor; doctorates in English (Texas) and philosophy (Rice).


It won't. The decision struck the rule of judicial conduct that prohibited candidates from indicating opinions on any issue that might be subject to judicial interpretation. Candidates are still prohibited from making pledges or promises regarding specific cases or propositions of law that indicate a probable decision. Judicial impartiality is essential to our democratic government. Legislators, not judges, should take political positions.

Our appellate court takes great pains ­ and I do personally ­ to insure that every indigent appellant receives effective representation at every stage. Most cases I see reflect such representation. If not, we reverse. We try to give clear guidance to the court and litigants. We are especially attentive to unrepresented litigants and prisoners. I am proud of our court's efforts to maintain a constitutionally fair system in which no one is shunted aside.

1st Court of Appeals District, Place 5

Mary Thompson, DEMOCRAT


I am Board Certified in Civil Appellate Law, a former Briefing Attorney to the First Court of Appeals, and a partner at Thompson, Coe. I have an advanced legal degree (LL.M.) in Environmental Law, serve as Adjunct Law Professor -University of Houston, and have practiced law for over 14 years.

The court's ruling will allow candidates to express their personal beliefs and philosophy, which I believe the voters have every right to know. This should help voters to elect judges that share their values. However, I also believe judges have an obligation to consider every case individually on its own merits, so I won't discuss how I would rule on any particular issue, because judges should apply the law to each case without an agenda.

I frequently provide pro bono services to the poor, and while there are dedicated organizations and individuals devoted to insuring all people equal access to justice, the organizations I work with are chronically under-funded and cannot meet the needs of our community. All Texans deserve equal treatment under the law. The First Court of Appeals has established a pro bono mediation program; if elected I will encourage a pro bono appellate representation project as...

Chief Justice, 4th Court of Appeals District---San Antonio Area Paul W. Green, REPUBLICAN

No photo received I'm a twenty-five year lawyer who has been elected twice, and has served eight years, as a justice on the Fourth Court of Appeals. I've shown the leadership skills, on and off the court, necessary to be an effective Chief Justice. Former president, San Antonio Bar Association. My campaign will not be affected at all. The U.S. Supreme Court held that candidates in contested political elections for judge have the right, not the obligation, to speak to the issues. I choose not to exercise that right because I believe that by stating my position on an issue that may come before me for decision will tend to undermine the public's confidence in the fairness of the judiciary. No. Because of the cost of litigation, the courts have largely become the domain of the well-to-do. The mechanisms in place to assist the indigent in the courts are overwhelmed. But at least there are procedures to address indigent needs, as inadequate as they may be. Another largely unaddressed problem is how to assist those people who may not be legally indigent, but are nonetheless incapable of affording legal representation.

Alma L. Lopez, DEMOCRAT

With more than twenty-five years of legal experience as an attorney in private practice plus more than eight and one half years as a Justice on the Fourth Court of Appeals provides me with the quality experience required for the position of Chief Justice of the Fourth Court of... It will not affect my campaign, as I do not believe any judge should discuss issues, particularly his or her personal feelings regarding those issues. Every judge has taken an oath to follow the law and be fair and impartial as to all parties. Discussion of issues by any judge can only serve to promote doubt as to a judge's ability to remain fair and impartial. No, our constitution provides every accused is entitled to due process, including effective assistance of counsel. Many indigent accused are represented by inexperienced attorneys fresh out of law school who are being paid a minimal fee which is tantamount to encouraging minimal quality time being spent on cases or representation. Due process for indigent accused has been the subject of studies that bring into serious doubt whether or not their rights have been adequately protected.

Chief Justice, 7th Court of Appeals District---Panhandle Area Phil Johnson, REPUBLICAN

Texas Tech Law School honors graduate. Served supervisory positions as USAF pilot and officer and as supervising attorney in medium-sized law firm. Board Certified in Civil Trial and Personal Injury Trial Law. Served as Associate Justice since 1/1/99. Familiar with Court needs and operations including internal procedures, budgeting, personnel. The Texas Code of Judicial Conduct still prohibits judicial candidates from commenting on matters pending before the court and from promising how the candidate will rule on issues later presented. I expect to continue campaigning on my qualifications, my experience and my record as a judge more than on specific issues. I will respond to questions on specific issues so long as my answering will not violate the Code of Judicial Conduct. Areas exist where rights of legal indigents are not fully protected; but rights of legal indigents are better protected now than ever before. The legislature has enacted new statutes and changed old laws to better protect rights of indigent persons. The new laws and changes are gradually becoming effective. Areas where more protections are needed will become apparent as new laws and changes take effect.

Floyd Holder, DEMOCRAT

No photo received Military for 20 years retiring as a Lieutenant Colonel. Successfully managed research and development projects in the service. Graduated from law school with highest honors. Have had a successful law practice for 25 years both trial lawyer and appellate. Supervised 4 attorneys and 13 employees, meeting payroll weekly. I cannot imagine that I would address any issue that might come before me as a judge in any campaign context. We don't pre-judge cases. Every case rests on its own facts and merits. I am bound to follow controlling legal precedent wherever it exists. My only promise is to be fair to all parties with favor to none and to carefully use the wisdom God permits me to enjoy. Compared to what? The indigent are not as well served by the legal profession as are the wealthy. They may be better served than some from the middle economic class in our country. We struggle to provide those services society decides it can afford. There are times when the services fall short of the mark. Harm may result. Rights are protected for any class, poor or rich, only by competent, zealous advocates.

Chief Justice, 8th Court of Appeals District---West Texas Peter S. Peca, Jr., REPUBLICAN

Trial judge for more than 16 years. Recipient, El Paso Young Lawyers Association's Outstanding Jurist Award. Law Review experience. Juris Doctor, magna cum laude. Fellow, Texas Bar Foundation. Many command and staff positions during 28 years active and reserve service in the U. S. Army. I will be able to discuss some of the many decisions of the 8th Court of Appeals that have been reversed by the Texas Supreme Court. I believe that those cases demonstrate the need for a justice with trial court experience on the 8th Court of Appeals. Yes, and both the legislature and the legal community are continuously striving to improve the quantity and quality of legal services to the indigent. During 2001 the legislature passed Senate Bill 7 mandating uniform standards for the appointment of counsel in criminal cases, and the Texas Supreme Court established the Texas Access to Justice Commission to serve as an umbrella organization for all efforts to expand access to justice in civil matters.

Richard Barajas, DEMOCRAT

Graduate Cathedral High School, Baylor University, Baylor School of Law. Former Navy JAG Officer, legislative attorney, defense attorney, family law attorney. Elected 83rd District Attorney. Chief Justice since 1994. Member: ABA Council of Chief Judges; Texas Committee on Court Funding; Texas Judicial Committee on Information Technology, Appellate Court Technology Committee. I will express my opinion on matters germain to my judicial philosophy, consistent with the Code of Judicial Conduct, refraining from public comment on pending or impending appeals that would suggest my probable decision in a case. I will refrain from making promises that would tend to indicate how I may rule on a case. My judicial philosophy is documented in the 9,000 + appellate decisions in which I have participated in since 1991. The question of whether the rights of the legally indigent are adequately protected under current law is a matter that has come before the court, and presently pending. I regret that I am prohibited from expressing a public opinion on the matter. I do however express grave concern over the $7 Billion budgetary shortfall in Texas and the available funds to sustain appointed counsel for indigents under the present program.


Court of Appeals


How will the recent court decision allowing judicial candidates to speak on issues that may come before the court affect the way you conduct your campaign? (75 word limit) Do you think the rights of the legally indigent are adequately protected under current law/practice? Please explain. (75 word limit)

Please describe the training and experience that qualify you for the position of Judge on the Court of Appeal. (50 word count)

Chief Justice, 9th Court of Appeals District---Beaumont Area Steve McKeithen, REPUBLICAN

I have seventeen years of experience in State and Federal courts. In my nine years with the Montgomery County Attorney's Office, I wrote appellate briefs and argued before courts of appeal. I have represented clients in every area of the law over which the 9th Court of Appeals has jurisdiction. This decision will not have much of an effect in Texas until our State Supreme Court has the opportunity to revise its judicial candidate rules. I have been candid about my beliefs and judicial philosophy from the beginning of this campaign, and I will continue to answer all questions that are asked of me, short of commenting on specific rulings that I will make if elected. The Texas Fair Defense Act, which became law in January 2002, has adequately addressed most of the problems that arose under the old system. I am concerned, however, that the attorney pay scales adopted by some local jurisdictions may discourage many competent defense lawyers from representing indigents. In order for this new system to function properly, there must be adequate financial compensation for the defense lawyers who volunteer to participate in the defense of indigents.

Ronald L. Walker, DEMOCRAT

Teacher, coach; school board trustee for Alief and South Park I.S.D's.; fourteen years law practice; elected Judge 58th District Court, 1983-89; appointed Chief Justice Ninth Court of Appeals 1989-present. Personally issued approximately 1500 written legal opinions; participated in approximately 5000 written legal opinions. Minnesota v. White is not about "the peoples rights" to hear the political positions or pre-determined legal opinion of judicial candidates. White is about the "candidates" rights to speak on matters once prohibited by Canons of Ethics. Therefore, the question becomes: Does Ron Walker intend to elevate his constitutional right to free speech over the peoples rights to a fair, impartial, and nonpolitically biased judiciary? No, I do not! The concept of "equal justice for all" is a phrase without meaning unless there is "equal access to justice." Restating your question: Does the legally indigent have the same "access" to justice in America as does the wealthy? Sometimes yes, sometimes no. It is the duty of the judiciary to act as the "gatekeepers" and "guardians" of all persons accessible rights to justice. Our system is not perfect, but it's the best in this world.

13th Court of Appeals District---Corpus Christi & Edinburg Area Bradford M. Condit, REPUBLICAN

In my 19 years of practicing law, I have handled over 1,500 civil and criminal cases, I have tried over 43 cases to a jury's verdict, and I have authored over 75 appellate briefs. Long ago I concluded that judicial candidates' free speech rights were being violated, and so I disregarded it as unconstitutional. For example, I informed the 13th Court of Appeals in a motion that because I was running for a seat on the Court it is unethical not to transfer my cases to another appeals Court. In my motion, I informed the Court that if I were elected I would vote to transfer such a case. The quality of legal representation a poor person gets is a function of the relative wealth of an accused. The abuse of discretion standard currently used in reviewing a trial judge's decision of how much to spend on a defense, is too restrictively applied. My view of an appellate judge's role is to more closely review such discretion and be more willing to reverse a case when decided upon such discretion.

Dori Contreras Garza, DEMOCRAT

Twelve years of legal experience handling cases in state and federal courts; mediated over three hundred lawsuits; judicial experience obtained presiding over a complex environmental case as a special master appointed by a district judge. Until such time as the Texas Supreme Court has reconciled the decision with the Texas Judicial Code of Ethics, I will maintain that I do not believe it is appropriate to state how I may handle a matter that comes before the court. Because each case stands on its own, I must consider all factual and legal issues before making a decision. This is the only way, I believe, to be fair and impartial. Rights of the indigent are the same as those of everyone. Access to the legal process is difficult for some because of the inability to pay for counsel. The State Bar of Texas does a good job in encouraging attorneys to handle cases on a pro bono basis. Numerous programs exist to assist indigent people. The problem lies with the funding of these programs. There will always be a need for state and federal funding.

14th Court of Appeals District---Houston Area Kem Thompson Frost, REPUBLICAN

Appointed by Governor George W. Bush in 1999. Participated in hundreds of appellate decisions. Fifteen years as civil trial and appellate lawyer with two major Texas firms. Honor graduate of law school and college. Highest available rating for professional excellence, legal ability, and ethical standards from nationally recognized legal directory. I choose not to speak on these issues for several reasons, including: (1) ensuring compliance with the new amendments to the Texas Code of Judicial Conduct; (2) preserving the independence of the judiciary and promoting public confidence in the impartiality of judges; and (3) avoiding recusal that could result from campaign statements indicating an opinion or predisposition on an issue that could come before the court or that may be subject to judicial interpretation. Our legal system recognizes the importance of protecting the rights of those who cannot afford legal representation, especially the indigent in our criminal justice system. Though our laws provide many safeguards, in recent years, inadequacies in our system have come to light, including the lack of quality legal representation for some indigent criminal defendants. Significant steps have been taken at both the state and local levels to address and correct these deficiencies.

Denise Crawford, DEMOCRAT

Denise Crawford brings a wealth of experience to her candidacy. She has spent the last 21 years in criminal trial litigation. The first half of her career was spent as an Assistant District Attorney in Harris County, where she prosecuted thousands of offenses including capital murder and other violent offenses. The opportunity to speak openly regarding issues that may come before the court will enable me to highlight my decades of criminal trial and appellate experience without compromising the integrity of the office, which I seek. Furthermore, it will afford me the opportunity to explain, in general, my position on issues that may arise in the Court of Appeals. These opportunities should help voters make more informed decisions. The legally indigent are adequately protected under current laws. A recently enacted senate bill resulted in a comprehensive overhaul of the system in Texas that provides for representation for the indigent. The standards for representation have increased and strict guidelines for appointment of attorneys have been implemented throughout Texas. These higher standards will enable counties throughout Texas to act efficiently and expeditiously without damaging the rights of the accused.





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