Seats on state's high court low on voters' radar

AUSTIN — Decisions from the Texas Supreme Court shape the public schools that Texans' children attend, the beaches they stroll and their rights as workers, but the race for high court posts ranks low on the interest scale of most political watchers.

Three of the nine court seats are on the general election ballot Nov. 6. Do voters know enough about the candidates?

“Not even close,” Southern Methodist University political scientist Cal Jillson said.

“The Court of Criminal Appeals is more important to that element of the community that is going to be looking at jail time. But for the rest of us, it's the Texas Supreme Court, because they handle civil matters,” Jillson said. “And civil matters are matters of what happens to a regular citizen when they are harmed by a corporation.”

Texas Watch, which describes itself as a nonpartisan citizen advocacy organization, says the answer isn't good for consumers, particularly as Gov. Rick Perry has put his stamp on the court. Perry is responsible for appointing replacements for justices who resign before their terms are up.

With three seats in play, just one Republican faces a Democratic opponent. Justice Nathan Hecht is being challenged by San Antonio lawyer Michele Petty, a Democrat, along with candidates running under the Libertarian and Green banners.

Justice Don Willett and former Harris County state District Judge John Devine — who beat Justice David Medina for the GOP nomination in the primary — also face Libertarian or Green opponents.

Six justices now serving on the nine-member court were initially appointed by Perry, including Willett and Medina.

Being appointed to the seat before facing voters provides a boost, although it's not an iron-clad advantage. Medina followed former Justice Xavier Rodriguez in losing the GOP primary despite being first named to the court by Perry.

“Gov. Perry appoints judges based on who will best serve Texans' interests, their qualifications and their ability to uphold and defend the rule of law as determined by Texas statute and our state constitution,” Perry spokeswoman Catherine Frazier said.

In a study released in January, Texas Watch found that, since 2005, consumers had lost 79 percent of their cases before the court.

“What our study found is that the Texas Supreme Court is a staunchly pro-defendant, anti-consumer body,” said Alex Winslow of Texas Watch.

The study, which looked at 2000-2010, included 624 cases the group identified as pitting individuals and small-business owners against corporations or governmental entities.

Willett discounted the study, saying he hasn't hesitated to rule against companies: “My vote follows the law, and if the law favors the plaintiff, I don't hesitate a nanosecond to rule that way.”

Hecht said such studies “have been discredited because they just don't look at all the cases.”

The court's national reputation, he said, is “that it is strong, that it is scholarly, that it tries to follow the law and follow the mainstream of American law.”

Petty, however, said the all-GOP court is ruling “consistently against the working people of Texas.”

“And I believe that justice needs to be for everybody regardless of your party affiliation and regardless of how much money you have in your bank account.”

L. Wayne Scott, a professor at St Mary's University School of Law, noted the court's reputation has done a 180-degree turn compared with a couple of decades ago. In 1987, “60 Minutes” did a story called “Justice for Sale” looking at plaintiff attorneys' sway.

“The liberals moved it way to the left and the plaintiffs always won. This court's moved it way to the right and defendants generally win,” Scott said. “This is, I think, an honest court in the sense that I don't think there's any corruption there. ... But it's outcome-oriented.”

Republicans head toward Nov. 6 on a winning streak and against thin resources available to their challengers.

According to Texans for Public Justice, which tracks money in politics, Willett — who had a primary challenger — reported nearly $1.7 million in contributions from May 2011 through Sept. 27. His Libertarian opponent, RS Roberto Koelsch, reported just $20.

Devine, who beat Medina, raised $193,782 to Medina's $576,496. In the general election, Devine faces Beaumont lawyer Tom Oxford, a Libertarian candidate who doesn't take campaign contributions, and Dallas lawyer Charles E. Waterbury, a Green candidate who also got none.

Hecht raised $222,444 in that time frame to $21,268 raised by Petty, according to Texans for Public Justice.

Also in the race are two Houston lawyers: Libertarian candidate Mark Ash and Jim Chisholm, who is running under the Green Party label although he says he's not a party member. Neither reported contributions.

The Libertarian and Green candidates generally said they don't have any illusions of victory, although they think they'd do a good job if selected. But they want to push their ideas and give voters a choice.

pfikac@express-news.net