Sunday, October 20, 1996

Judicial Candidates Running in Shadows of 'Big' Races By JUAN B. ELIZONDO Jr.
Associated Press

AUSTIN - Voters' attention may be focused on the upcoming presidential election and those for Congressional and state lawmakers, but candidates for the state's top two courts also are on the Nov. 5 ballot.

Eleven candidates, including four incumbents, are vying for four places on the Texas Supreme Court. Six others, including one incumbent, are seeking three spots on the Texas Court of Criminal Appeals.

The Supreme Court is the state's highest civil court. The Court of Criminal Appeals is the state's top court for criminal cases.

In Supreme Court races, Chief Justice Tom Phillips, and Justices John Cornyn, James Baker and Greg Abbott, all Republicans, each face at least one opponent. There are nine members on the court, including seven Republicans.

Phillips said judicial ethics keep the judges and their opponents from talking about how they would handle various cases. But he said there are a other issues for voters to consider.

"The Supreme Court has immense administration power," Phillips said. "What you want to do with it is an issue. Where you get your money is an issue."

Phillips said one question concerns how judges are selected. Some state officials have called for a change in the way judges are seated, arguing for an appointment system, a nonpartisan election or a "retention" election system.

"The Legislature asked the Supreme Court to appoint a task force on judicial selection. I'm going to be for whatever they are for," Phillips said.

His Democratic opponent, State District Judge Andrew Jackson Kupper of Levelland, said judges need to be elected but should not be allowed to take campaign contributions from attorneys, law firms or private citizens who have cases pending before the court.

"It has the appearance of impropriety," Kupper said.

Phillips said any limit on who can contribute would be artificial. He said retention elections, in which voters decide whether an appointed judge should be replaced, would keep voters involved and take campaign contributions out of the decision.

Libertarian David Parker also is seeking the chief justice seat. He said the court's structure and its relationship with the Texas State Bar, which licenses and regulates attorneys needs to be changed.

In other Supreme Court races:

- Cornyn faces Democrat Patrice Barron and Libertarian Thomas Stults, both Houston lawyers.
Cornyn, a six-year member of the court, said voters should consider experience and qualifications. Ms. Barron, a former appeals court judge, said the court has had too many problems and needs new members. Stults said he has little interest in being on the court, but said he will serve if elected.

- Democrat Gene Kelly and Libertarian Eileen Flume, both San Antonio-area attorneys, are vying to replace Baker.

The incumbent said he's the only qualified candidate. Kelly said there's no possibility of questioning his influences because he's not accepting campaign contributions. Ms. Flume said she too hopes to clean up the court's reputation and eliminate any questions of favoritism.

- Abbott faces Libertarian John Hawley. He said he hopes to stay on the court to help keep it from siding too much with conservative or liberal positions. Hawley said court rules need to be changed and the court needs to be more consistent in its rulings.

In the Court of Criminal Appeals races, Democratic Judge Frank Maloney is the only incumbent seeking reelection. He is the highest seated Democrat on the ballot.

Democratic Judges Sam Houston Clinton and Bill White, who faced reelection, retired, leaving two vacancies on the nine-member court, which includes six Democrats.
Maloney faces Republican state District Judge Tom Price, of Richardson.

In the two other Court of Criminal Appeals races:

- State District Judges Bob Perkins, a Republican, and Sue Holland, a Democrat, face each other. Perkins is from Austin, Ms. Holland is from Plano.

- Justice Charles Holcomb, a Democrat on the 12th Court of Appeals in Tyler, faces Republican Paul Womack, a Williamson County assistant district attorney.