Texas Court of Criminal Appeals elections, 2014

Texas has two high courts. This page covers the 2014 judicial elections for the Texas Court of Criminal Appeals, which serves as the court of last resort for criminal cases. If you are looking for information on the Texas Supreme Court elections, please see: Texas Supreme Court elections, 2014.

Election highlights Three seats on the court of criminal appeals were up for election in 2014, and no incumbents sought re-election. Republicans swept all three seats, maintaining their dominance on the court. Jennifer Lurin, a professor at the University of Texas Law School, said "it's a consequential race." She told The Monitor, "[Cochran, Price and Womack were] frequently three judges who have made the difference one way or another, particularly where the court has tended to rule in a more defense-favored way."

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Judicial elections, 2014
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Results

Blue represents the Democratic Party, red represents the Republican Party and gray represents another, minor party or independent.

Price seat (Place 3)
Candidate	Vote %
Bert Richardson	59.9%
John Granberg	36.5%
Mark Bennett	3.6%
98.75% of precincts reporting
Incumbent	Tom Price
Winner	Bert Richardson

Womack seat (Place 4)
Candidate	Vote %
Kevin Patrick Yeary	76.3%
Quanah Parker	13.2%
Judith Sanders-Castro	10.4%
98.75% of precincts reporting
Incumbent	Paul Womack
Winner	Kevin Patrick Yeary

Cochran seat (Place 9)
Candidate	Vote %
David Newell	78.3%
William Bryan Strange	13.1%
George Joseph Altgelt	8.6%
98.75% of precincts reporting
Incumbent	Cathy Cochran
Winner	David Newell

Partisan stakes

At the time of election, the Texas Court of Criminal Appeals had eight Republicans and one Democrat on its bench. However, incumbent Judge Lawrence Meyers had previously switched from the Republican to the Democratic party, so the GOP, in reality, held a monopoly on the court. Three Republican seats were up for election in 2014, vacated by retiring judges.

Due to the GOP's dominance in Texas, the Republican primaries were pivotal in these elections. This was especially true for the Place 4 and Place 9 seats, in which no Democratic candidates filed. Because of this, the Republican candidates Yeary and Newell were virtually assured election in November. The general election race for Place 3 featured a member of both political parties, but Republican David Newell won.

At the time of election, Republicans controlled the governorship, as well as a majority in both legislative houses and both high courts. This is referred to as a trifecta plus by Ballotpedia. More information on state government trifectas is available here: Ballotpedia: State government trifectas.

Seats not up for election

Justices:

• Sharon Keller
• Cheryl Johnson
• Michael Keasler
• Barbara Hervey
• Elsa Alcala
• Lawrence Meyers

On the ballot: Price seat (Place 3)

2014 candidates for the Texas Court of Criminal Appeals
Place 3
Mark Bennett (Texas)	Incumbent: No Party: Libertarian Primary vote: Election vote: 3.6%A
John Granberg	Incumbent: No Party: Democratic Primary vote: 100%A Election vote: 36.5%A
Bert Richardson	Incumbent: No Party: Republican Primary vote: 60.4%A Election vote: 59.8%A
Barbara Walther	Incumbent: No Party: Republican Primary vote: 39.6%A Election vote:

In September 2013, Tom Price announced he would not seek re-election. He had served on the court since 1997. Republicans Barbara Walther and Bert Richardson faced off during the primary election. Though both candidates had prior judicial experience, Walther managed to capture just 39.6 percent of the vote, while Richardson garnered the majority with 60.4 percent. John Granberg received 100 percent of the vote in the Democratic primary. Granberg and Libertarian candidate Mark Bennett competed against Bert Richardson in the November general election.

Walther served as a judge for District 51 in Texas, starting in 1992. She was re-elected to another four-year term in 2012. Walther gained national attention when she was assigned to handle the trial of Warren Jeffs, leader of the polygamist sect of the Fundamentalist Church of Latter Day Saints, as well as the related child custody case, which involved over 400 children who were found living at Jeffs' ranch after it was raided by federal agents in 2008.

Richardson served as a prosecutor before serving as a judge for District 379 in Texas. According to The Monitor, he considered himself "conservative but impartial," in contrast to the three judges leaving the court, who Richardson described as "moderates."

On the ballot: Womack seat (Place 4)

2014 candidates for the Texas Court of Criminal Appeals
Place 4
Richard Dean Davis	Incumbent: No Party: Republican Primary vote: 28.0%A Election vote:
Quanah Parker	Incumbent: No Party: Libertarian Primary vote: Election vote: 13.3%A
Kevin Patrick Yeary	Incumbent: No Party: Republican Primary vote: 54.7%A Election vote: 76.2%A
Judith Sanders-Castro	Incumbent: No Party: Green Primary vote: Election vote: 10.4%A
Jani Jo Wood	Incumbent: No Party: Republican Primary vote: 17.4%A Election vote:

After serving three terms on the court, Paul Womack reached the mandatory retirement age. This seat drew the most candidates on the court of criminal appeals in 2014. A three-way primary contest between Republicans Richard Dean Davis, Jani Jo Wood and Kevin Patrick Yeary ended with a clear winner. Yeary earned 54.7 percent of the vote, earning him the right to compete against Libertarian Quanah Parker and Green Party candidate Judith Sanders-Castro in the general election. Davis earned 28.0 percent of the vote, while Wood was able to capture just 17.4 percent during the primary.

At the time of election, Yeary served as an appellate prosecutor in Bexar County. He was also a lawyer focusing on criminal appellate law.

On the ballot: Cochran seat (Seat 9)

2014 candidates for the Texas Court of Criminal Appeals
Place 9
William Kirkendall	Incumbent: No Party: Republican Primary vote: 47.7%A Election vote:
William Bryan Strange	Incumbent: No Party: Libertarian Primary vote: Election vote: 13.1%A
David Newell	Incumbent: No Party: Republican Primary vote: 52.3%A Election vote: 78.3%A

Incumbent Judge Cathy Cochran stepped down from the court in 2014 after serving for 13 years. In the Republican primary, voters selected David Newell to compete in the general election against William Bryan Strange, a Libertarian, and George Joseph Altgelt, a member of the Green Party.

William "Bud" Kirkendall lost the Republican primary to Newell. The Houston Chronicle described both Newell and Kirkendell as "two highly qualified legal scholars." Newell earned 52.3 percent of the primary votes to Kirkendell's 47.7 percent.

Newell spent most of his career working as a district attorney and county attorney. In his opinion, "[a]ppellate courts are unique in that judges not only have to make the right decision, but they must also be able to anticipate how those rulings will be interpreted in the future and to communicate their opinions clearly to avoid unintended consequences."

Kirkendall felt his experience as a lawyer and judge, as well as his criminal law background, qualified him to serve on the state's top criminal court. On his campaign website, he described himself as the "clear, conservative choice." He also told The Monitor his own judicial philosophy was similar to that of U.S. Supreme Court Justice Clarence Thomas.

Voter turnout

According to the website Texas Judges, voter turnout for elections in Texas has remained fairly constant. Turnout typically increases by at least 20 percent during presidential election years. The website's "fact sheet" states that 58.6 percent of registered votes participated in the 2012 elections. The percentage of eligible voters casting ballots in 2010 was 38 percent.

Even though voters may make it to the polls, according to data from the 2012 elections, they don't always cast votes for candidates running for the Texas Supreme Court or Court of Criminal Appeals. The fact sheet found that 58.6 percent of voters cast a vote for the presidential candidate of their choice during the 2012 general election. However, votes cast for judges running for seats on the state's highest courts ranged from a low of 44 percent to a high of 56.3 percent.

Former Texas Supreme Court Chief Justice Wallace Jefferson and Lisa Kaufman, general counsel for the Texas Civil Justice League, wrote in an editorial published in the San Antonio News-Express:

“

Judges often have a bigger impact on the lives of average Texans than even the president or the governor.

”

Primary

Votes cast for the four seats on the Texas Court of Criminal Appeals remained slightly lower than votes cast in other statewide races during the 2014 primary. As an example, statewide, 9.8 percent of registered voters cast ballots in the Republican primary race for governor on March 4, 2014.

Republican primary races for court of criminal appeals:

• Seat 3: 8.11% of registered voters
• Seat 4: 8.04% of registered voters
• Seat 9: 8.02% of registered voters

Statewide, in the Democratic primary race for governor on March 4, 2014, the secretary of state reported that 4.01 percent of registered voters cast ballots in that race.

Democratic primary races for court of criminal appeals:

• Seat 3: 3.02% of registered voters

Political composition

In 2014, Republicans dominated both of the courts of last resort in Texas. Only one Democratic candidate ran for a seat on the court of criminal appeals in 2014. Libertarians and Green Party candidates also competed.

Brian Wice, a defense lawyer who often appears before the court, claimed:

“	Given the fact that three judges who are winnable votes for the defense are leaving, the trio of judges who replace them will leave their mark on the court for a long, long time.	”
—Brian Wice

However, Michael Casillas, a chief prosecutor in the appellate division of the Dallas County district attorney’s office, did not agree that the current court ruled more often in favor of the state and prosecutors, over defendants.

Bar poll

In early 2014, the State Bar of Texas asked attorney members to cast a vote in favor of their preferred candidate for various judicial races. Below are the poll results for the court of criminal appeals races.

Place 3 Judge
Candidate:	Votes:
Mark Bennett	2083
John Granberg	1802
Bert Richardson	2166
Barbara Walther	2115

Place 4 Judge
Candidate:	Votes:
Judith Sanders Castro	1155
Richard Dean Davis	867
Quanah Parker	1682
Jani Jo Wood	1565
Kevin Patrick Yeary	1921

Place 9 Judge
Candidate:	Votes:
George Joseph Altgelt	1346
W.C. Bud Kirkendall	2395
David Newell	1595
William Bryan Strange	1596

Dollars and sense

The main campaign finance reports that must be filed by all candidates are the semiannual reports. These are due by January 15 and July 15 of each year. For more information, see: Texas judicial elections - Campaign finance.

Contributions

Total contributions received and reported as of November 4, 2014:

Seat 3

Candidate	Total contributions
John Granberg	$1,950.00
Mark Bennett	$0.00
Bert Richardson	$47,602.19

Seat 4

Candidate	Total contributions
Kevin Patrick Yeary	$47,337.59
Judith Sanders-Castro	$0.00
Quanah Parker	$0.00

Seat 9

Candidate	Total contributions
William Bryan Strange	$0.00
George Joseph Altgelt	$0.00
David Newell	$36,791.39

See also

• Texas Supreme Court elections, 2014
• Texas judicial elections, 2014
• Texas Supreme Court
• Texas Court of Criminal Appeals

External links

• Texas Secretary of State, "Elections Division"
• Texas Ethics Commission, "Campaign Finance Guide for Judicial Candidates and Officeholders"
• The University of Texas at Austin, "Texas Politics - The Justice System"
• The Dallas News, "Voter Guide"
• League of Women Voters of Texas, "Voters Guide"
• Gavel Grab, "Advertising begins in Texas Supreme Court primary," February 20, 2014