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Voters Guide: Texas Judge, Court of Criminal Appeals, Place 9

This information was gathered and compiled by the League of Women Voters.
Credit: emarto
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3News has partnered with the League of Women Voters, a non-profit and non-partisan organization dedicated to voter education, to help make sure the community has access to all the information they need before hitting the polls Nov. 3.

The following information was gathered and compiled by the League and published in their Voters Guide and on Vote411.org.

Duties: A member of the court with final judgment in all crimi- nal cases. the court must review all cases in which the death penalty is assessed. it also exercises discretionary review in other criminal cases and issues writs of habeas corpus. Base salary: $168,000

Term: Six-year term.

Deberes: Un miembro de la corte con el juicio final de todos los casos penales. el tribunal debe revisar todos los casos en los que se evalúa la pena de muerte. También ejerce una revisión discrecional en otros casos penales y emite recursos de habeas corpus. Salario actual: $168,000.

Plazo: Plazo de 6 años.

David Newell (Republican)

Website: http://keepjudgenewell.com
Facebook: http://facebook.com/judgedavidnewell/

Background: What training, experience, and background qualify you for this position?

I serve you as a Judge on the Court of Criminal Appeals. I have over two decades of experience handling and deciding criminal appeals as either a lawyer or a judge. I am board certified in both criminal and criminal appellate law.

Mental Health: How should the Court of Criminal Appeals address mental health issues of those who come before the court?

It can adopt dynamic standards to allow non-dangerous citizens suffering from mental illness who commit a crime to easily transfer out of the criminal justice system from a jail bed to a hospital bed so they can get the help they deserve. Violent offenders should also be treated for their illnesses, but in a secure facility for the safety of the community.

Access to Justice: What opportunities are there, if any, to improve the state’s indigent defense system in criminal cases?

Creation of more regional public defender's offices could help ensure a standard level of competent representation. Additionally, the Court of Criminal Appeals could pro-actively set out minimum standards for representation of indigent defendants in serious cases

Other Issues: What other issues do you believe will be most pressing for the Court of Criminal Appeals?

Mental health issues, mentioned above, are obviously pressing. Wrongful convictions based upon junk science or police misconduct are also very serious. Additionally, reforming bail practices so that the indigent are not incarcerated for extended periods of time prior to conviction unless there is a flight or safety risk is another significant to address.

Brandon Birmingham (Democrat)

Website: http://JudgeBirmingham.com
Facebook: http://www.facebook.com/JudgeBirmingham/
Twitter: @JudgeBirmingham

Background: What training, experience, and background qualify you for this position?

Two-term Felony Trial Court Judge, former Presiding Judge-all Felony District Courts, Dallas. Lead counsel on over 100 jury trials from DWI to Capital Murder. 2 specialty court dockets, visiting professor at SMU Law School.

Mental Health: How should the Court of Criminal Appeals address mental health issues of those who come before the court?

My experience has taught me how important properly addressing mental health issues are to reducing recidivism. The CCA should help increase training for lawyers on these issues, and where appropriate, work to increase funding for courts across Texas for worthwhile mental health programs.

Access to Justice: What opportunities are there, if any, to improve the state’s indigent defense system in criminal cases?

Justice shouldn't depend upon a person's access to resources-lessons we've learned from the Dallas County exonerations. We must increase funding through the legislature to help counties pay for reasonable and necessary costs of providing indigent defense. Second, we have to establish state-wide best practices to define and manage the case loads of indigent defense counsel.

Other Issues: What other issues do you believe will be most pressing for the Court of Criminal Appeals?

From allowing a verdict to stand while a lawyer slept in court, to letting politics impact decisions, or reversals by the United States Supreme Court in death penalty cases, rulings from the CCA have contributed to the public's skepticism of our criminal courts, and illustrate very clearly the need for change. If we don't learn from history, we are doomed to repeat it.

The above information was gathered and compiled by the League of Women Voters, a non-profit and non-partisan organization dedicated to voter education.

3News has partnered with the League in order to help make sure our community has access to all the information they need before they hit the polls. You can find more of this information at Vote411.org.

Back to the Voters Guide.

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