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Texas Court of Criminal Appeals Primaries: Decoding the Legal Stakes for Your Rights
Key Takeaways
- •Texas Court of Criminal Appeals is the state's highest court for criminal cases.
- •It directly hears death penalty appeals and habeas corpus petitions, impacting constitutional due process.
- •The court's rulings have challenged the Attorney General's prosecutorial authority, sparking significant legal and political debate.
- •Judges are elected statewide for six-year terms, meaning voter choices directly shape Texas criminal justice policy.
- •Judicial philosophies regarding 'judicial activism' versus 'textualism' will shape future rulings on individual rights.
Alright, so you know how in Texas, we've got courts for everything? Well, the Texas Court of Criminal Appeals is kind of a big deal, especially for anyone caught up in the state's criminal justice system. Think of it as the ultimate referee for all criminal cases, from petty crimes to death penalty appeals. These judges, all nine of them, get elected statewide for six-year terms, and right now, there are three seats up for grabs in the primaries. This isn't just about picking names; it's about choosing who gets to interpret the law and, ultimately, protect—or limit—your constitutional rights.
This court has massive power. It doesn't just hear appeals from lower courts. It's the only court that directly handles death penalty appeals from trial courts, making its decisions literally life or death. It also reviews what are called "habeas corpus petitions." That’s where someone convicted of a felony can challenge whether their detention is actually legal. We're talking about fundamental questions of due process, wrongful convictions, and how much power the state really has over an individual.
What’s really on the line here? Beyond the obvious life-or-death decisions in capital cases, this court has recently found itself squarely in the spotlight for taking on the state’s top lawyer, Attorney General Ken Paxton. Remember those rulings where the court said Paxton's office couldn't just unilaterally prosecute election cases? That was a massive deal about the separation of powers and who has the authority to prosecute certain crimes. It even sparked a big fight, with Paxton successfully campaigning to oust three Republican judges who didn't see eye-to-eye with him on that issue. Afterward, the court even decided to re-hear an election wrongdoing case it had previously tossed. This isn’t just political squabbling; it's about defining the lines of executive power versus judicial independence, and how that impacts every Texan's vote and legal standing.
The court has historically been a Republican stronghold, with no Democratic judges currently serving. This primary season, the Republican ballots for Place 3 and Place 9 are pretty crowded, which means voters have some tough choices to make that could shift the court's direction.
Let’s break down the candidates you’ll see on the ballot, starting with Place 3.
**Place 3 Candidates: The Contenders**
**Alison Fox (Republican)**
Alison Fox has a strong background working within the criminal justice system. She's been a staff attorney right there at the Court of Criminal Appeals, even working in their writs of habeas corpus division. That means she knows the ins and outs of those critical challenges to detention. She's also directed the conviction integrity unit in Bexar County and served as a prosecutor, plus worked as a criminal appeals attorney in private practice. So, she's seen it from multiple angles.
When it comes to her views, Fox identifies as a Republican and says she’s running to uphold the Constitution and the rule of law. She also talks about how her faith influences her belief that justice works best when it reflects "moral truths rooted in Scripture." This kind of judicial philosophy could mean a specific approach to interpreting laws, especially those dealing with fundamental rights or social issues. She’s got endorsements from conservative groups like Texas Right to Life PAC and anti-abortion activist Mark Lee Dickson, but also from the editorial boards of both the Dallas Morning News and Houston Chronicle, showing a broader appeal.
*Campaign finance: $20,485 cash on hand. Her biggest donors include Patty Fox ($61,557.76, including in-kind) and Susan Dahlberg ($10,000). She also received $4,000 from the Reelect David Newell for Judge Campaign, even though Judge Newell isn't running for reelection this cycle.*
**Lesli Fitzpatrick (Republican)**
Lesli Fitzpatrick also brings a diverse legal resume. She's currently the director of special litigation for the Texas Department of Criminal Justice's Office of General Counsel. She’s worked as a staff attorney for the Texas State Senate and the Texas General Land Office, and importantly, she’s been both a criminal prosecutor and a defense attorney. That dual experience often gives candidates a well-rounded perspective on how the system affects individuals from both sides of the courtroom. She's tried for judicial seats before, running for a District Court of Appeals in 2022 and a Williamson County Court-at-Law in 2016, but wasn't successful.
Fitzpatrick positions herself as a Republican with a "conservative judicial philosophy," explicitly rejecting "judicial activism." Her view is that courts shouldn't create new rights beyond what the Constitution or statutes clearly state. This philosophy directly impacts how she might rule on cases involving new legal interpretations or challenges to existing laws. Her supporters include State Sen. Pete Flores, several other Republican lawmakers, and various law enforcement groups, including the Texas Municipal Police Association, as well as the Young Conservatives of Texas.
*Campaign finance: $6,578 cash on hand. Her major donors include James Fitzpatrick ($6,369.34, including in-kind) and Lavonne Frazier ($1,860, including in-kind).*
**Thomas Smith (Republican)**
Thomas Smith has ties directly to the Attorney General's office, serving as an assistant attorney general. He also worked as counsel for Ken Paxton when Paxton was a state senator, and he's been in private practice. His background suggests a deep familiarity with the workings of state government and the executive branch, which could influence his judicial perspective, especially on issues of state authority and legislative intent.
Smith is a Republican who emphasizes his aim to "keep women and children safe in an increasingly dangerous culture." He’s been vocal about his work with Attorney General Ken Paxton and the state Legislature on issues like human trafficking and the "sanctuary city ban." His focus suggests a strong commitment to public safety and potentially a more punitive approach to criminal justice. He's endorsed by State Sen. Angela Paxton (Ken Paxton's wife) and other Republican state lawmakers, as well as the Republican Tarrant County Judge Tim O’Hare and the True Texas Project.
*Campaign finance: $8,244 cash on hand. Key donors include David Gabbay ($5,000), Maya Gabbay ($5,000), and Kenneth Clark ($5,000).*
**Brent Coffee (Republican)**
Brent Coffee's experience includes working as an assistant attorney general and a prosecutor in the Bexar County District Attorney’s Office, as well as a criminal defense attorney in private practice. This breadth of experience, like Fitzpatrick's, provides him with a perspective from both sides of the courtroom, which can be invaluable for a judge on an appellate court.
Coffee's political ideology is notably influenced by a conservative Catholic orientation from his time at Ave Maria School of Law. He specifically looks to conservative jurists like former Supreme Court Justice Antonin Scalia, whose philosophy often advocates for originalism and textualism – essentially interpreting the Constitution and laws based on their original meaning and literal text, rather than evolving societal standards. This approach can have significant implications for how he might rule on issues of individual rights or new legal challenges. He has strong family financial support.
*Campaign finance: $608 cash on hand. Major donors include Karan Clark ($5,000), Kenda Coffee ($2,000), and Sam Coffee ($2,000).*
**Okey Anyiam (Democrat)**
Okey Anyiam is running as a Democrat. He’s a criminal defense attorney in private practice, meaning his daily work involves representing individuals accused of crimes, giving him a direct understanding of the system's impact on defendants. His wife, Judge Chika Anyiam, presides over Criminal District Court No. 7 in Dallas County and also previously ran for a seat on this very court.
Anyiam’s political ideology is focused on upholding the law without engaging in "legislating from the bench," and applying legislative intent unless the law is unclear. This suggests a more restrained judicial philosophy, aiming to interpret rather than create law. He’s received endorsements from various liberal and young Democratic groups, like Liberal Austin Democrats, Austin Young Democrats, and State Tejano Democrats. He’s the only Democrat running for Place 3.
*Campaign finance: No cash on hand reported. His major donor is Brandy Voss, an attorney, with $131.*
**Place 4: The Incumbent and a Challenger**
**Kevin Yeary (Republican, incumbent)**
Kevin Yeary has been on the Court of Criminal Appeals for over a decade, first elected in 2014. That's a lot of experience on this particular bench. Before that, he was an appellate prosecutor for Dallas, Harris, and Bexar counties, a defense attorney, and even a law clerk for a Court of Criminal Appeals judge. He's seen the system from just about every angle.
Yeary is a Republican who also believes judges should avoid making policy from the bench. His past actions on the court are pretty telling. He was the *only* judge on the nine-person panel to vote against the 2021 ruling that said the Attorney General couldn’t unilaterally prosecute election cases. That’s a clear indication of his stance on executive prosecutorial power. He also dissented on the court's decision to block Robert Roberson's execution, a high-profile case involving potential exoneration evidence. These positions show a consistent judicial philosophy, potentially favoring state prosecutorial authority and a more limited view of appellate intervention in certain cases. He's endorsed by Governor Greg Abbott, the Texas Alliance for Life PAC, and several members of the State Republican Executive Committee.
*Campaign finance: $2,444 cash on hand. Key donors include Scott Retzloff ($2,500) and Butler Snow LLP ($1,000).*
**Audra Riley (Democrat)**
Audra Riley is currently a judge, presiding over Criminal District Court No. 3 in Dallas County since 2020. Prior to becoming a judge, she was a prosecutor in the Dallas County district attorney’s office and a criminal defense attorney in private practice. Her experience as a sitting judge gives her a distinct understanding of trial court procedures and how appellate decisions impact the daily functioning of justice.
Running as a Democrat, Riley's past campaign for reelection highlighted her commitment to "justice, integrity, and a strong work ethic." Her philosophy likely leans towards ensuring fairness in the system and a commitment to judicial independence. She shares endorsements with Okey Anyiam from liberal and young Democratic groups, including Liberal Austin Democrats, Austin Young Democrats, and State Tejano Democrats.
*Campaign finance: $478 cash on hand. No major donors reported.*
**Place 9: Another Contested Race**
**John Messinger (Republican)**
John Messinger serves as an assistant state prosecuting attorney, meaning he represents the state in front of the Court of Criminal Appeals itself and other appellate courts. He also worked in the McLennan County District Attorney’s office, handling appeals and other civil matters. He previously ran for a District Court of Appeals seat in 2024 but narrowly lost.
Messinger, a Republican, is critical of the Court of Criminal Appeals, stating that system improvements don't come from judges doing "whatever they think is right," but from "enforcing the laws as written." He criticizes the current court for rulings that he says "ignore or conflict" with its own decisions or with applicable law, and he's concerned about the time it takes for the court to review lower court decisions. This reflects a strict textualist or originalist approach, prioritizing consistent application of existing law. His endorsements include the True Texas Project, Young Conservatives of Texas, and various members of the State Republican Executive Committee.
*Campaign finance: $6,472 cash on hand. Top donors include Steve Ledwell ($5,000) and Giselle Horton ($1,041).*
**Jennifer Balido (Republican)**
Jennifer Balido currently presides over Criminal District Court No. 1 in Dallas County, a position she was appointed to by Governor Greg Abbott. Before that, she was the chief of the appellate division in the Dallas County District Attorney’s Office and a public criminal defense attorney. She's also had previous judicial appointments from Governor Rick Perry, though she lost the general elections for those seats. Her extensive experience as both a prosecutor, defense attorney, and judge gives her a broad understanding of the criminal justice system.
Balido runs as a Republican, aiming to bring "proven courtroom experience" and "unwavering respect for the Constitution" to the bench, ensuring justice is "fairly served." Her experience in both prosecution and defense could mean a balanced approach to the difficult questions that come before the Court of Criminal Appeals. She's also endorsed by Governor Greg Abbott, the Texas Municipal Police Association and other law enforcement groups, as well as the Dallas Morning News Editorial Board and Houston Chronicle Editorial Board, similar to Alison Fox.
*Campaign finance: $24,696 cash on hand. Major donors include Mark Gilbert ($5,000), Brent Goudarzi ($5,000), and Shelly Folks ($5,000).*
**Holly Taylor (Democrat)**
Holly Taylor works as a criminal and civil appeals attorney in private practice. She’s also been the director of the division of public integrity and complex crimes for the Travis County District Attorney’s office and even served as a rules attorney for the Texas Court of Criminal Appeals. So she knows the procedural rules that govern this very court. She previously ran for the court’s presiding judge role in 2024 but wasn’t successful.
As a Democrat, Taylor says she wants to bring an "independent voice" to the Court of Criminal Appeals. She emphasizes upholding the Constitution and the Rule of Law, and treating everyone with "dignity and humanity." This focus suggests a concern for individual rights and fair treatment within the justice system, which can sometimes be a counterpoint to more strictly enforcement-focused judicial philosophies. Her endorsements include the Texas AFL-CIO, State Tejano Democrats, and various local and young Democratic groups.
*Campaign finance: $11,584 cash on hand. Her top donors include Francis Adair ($5,000), Randall Sarosdy ($2,500), and Sharon Taylor ($2,500).*
When you head to the polls, remember that these are the people who will decide critical issues that directly affect your constitutional rights, public safety, and the balance of power in our state. Their legal philosophies are not just abstract ideas; they become real-world rulings that shape the lives of Texans every single day.
