GOP primary has three contested races for bench seats

Voters have options this election year in three March 1 Republican primary elections for state district judge positions.

Judges are running for re-election in 96th District Court, which primarily handles civil disputes, and 360th District Court, which deals mainly with divorce and child custody.

Three candidates are running for 348th District Court, a civil court, to replace Judge Dana Womack, who has decided not to run for re-election after occupying the post since 1997.

96th District Court

Judge R. H. Wallace Jr. is facing challenger Traci D. Hutton, a Grapevine attorney, in one of the county’s most contentious races.

Wallace , 72, said his 2014 decision to have life support removed in the case of Marlise Muñoz, a 33-year-old brain-dead, pregnant woman — as the family had petitioned — galvanized his opposition.

Erick Muñoz found his wife, Marlise, collapsed in their Haltom City home on Nov. 26, and she was taken to John Peter Smith Hospital. Doctors said she was brain-dead, and Muñoz and his wife’s parents asked that she be removed from life support, saying that was her stated wish.

But JPS officials said a 1999 state law prevented them from complying because Marlise Muñoz was pregnant and state law required a pregnant woman to be kept on life support until the fetus is viable, usually at 24 to 26 weeks. The family sued.

Before the ruling, attorneys for the Muñoz family released a statement saying that medical records indicated that the fetus was “distinctly abnormal” and suffered from other serious health conditions.

Wallace ordered officials at JPS to remove Marlise Muñoz from life support, which also terminated the life of the fetus, because the state statute underpinning the case does not apply to women who are brain-dead. Marlise Muñoz’s pregnancy was about to enter its 23rd week when she was removed from life support.

Wallace said his opposition has tried to paint him as a candidate opposing a platform that opposes abortion because of his ruling in the Muñoz case. Wallace, however, said he and his wife oppose abortion.

“The judge in the court where the case was filed elected to recuse herself and I had the duty as administrative judge to assign that case to another court,” Wallace said. “Knowing that both sides wanted a prompt hearing I assigned myself that case, knowing that it was hot potato, proving once again that no good deed goes unpunished.”

Hutton, 49, contends that Wallace is out of touch with Republican grassroots and said that she can offer a fresh approach to the office. Hutton said that she is not painting Wallace as a candidate who does not oppose abortion.

Instead, Hutton said the procedure was flawed because no attorney represented the fetus or the mother in this case.

“He could have appointed an attorney ad litem under his own motion to represent the unborn child,” Hutton said. “In other cases an unborn child can and has been a party to a lawsuit, and in this case I do not believe all the parties were adequately represented.”

Joe Spurlock, a former judge and law professor at Texas A&M University Law School, said “the law in this area is being developed and there is an increasing awareness, but it has not been settled.”

360th District Court

Judge Mike Sinha of Hurst faces attorney Patricia Baca Bennett of Mansfield in the race for the Republican nomination.

No Democrat is running.

Bennett, 49, said Tarrant County residents need a judge who respects the law while protecting the rights of children. Judges are entrusted with enforcing the statutes that protect children, he said, and must always follow those laws, Bennett said.

The court deals with businesses and property divisions during a divorce, and those are important, Bennett said. But the courts must keep the well-being of the children at the forefront, Bennett said.

“One of the most important things that a judge can do is keep people focused on the fact that they are parents, and they need to love their children more than they are mad at each other,” Bennett said.

Sinha, 61, said he has noted more people coming through his courtroom who have used drugs while taking care of their children.

“I have never seen it quite at this level,” Sinha siad.

Sinha said he believes that the courts have a duty to offer rehabilitation resources to addicted parents so that a drug-free home can be realized.

Sinha also said it is sometimes preferable for people to seek out mediation, which typically cost less and is less stressful, because many families struggle both emotionally and financially during a divorce.

“People spend twice as much money trying to hurt their spouse than they do in solving issues involving their children,” Sinha said.

348th District Court

The candidates to replace Womack say voters need to be more engaged in judicial races.

The courts are the third branch of government, said Lisa Lumley, a Fort Worth attorney. People have a vested interest in electing judges who are fair and hardworking and know the law.

But it is difficult for some to understand the impact the courts have, said Lumley, 51.

“The power of the courts is much broader than many people think,” Lumley said. “The courts can impose some draconian things on people if they are not kept in check. We elect judges because the people need to exercise their control over the judiciary.”

Mike Wallach, 61, said the courts have both a direct and indirect impact on the lives of voters. The vast majority of all civil disputes will be handled at the District Court level, Wallach said.

“When someone is injured, the people handling those claims make decisions based on prior rulings from the courts,” said Wallach, a Colleyville attorney. “ I think people do not understand the impact that the courts have on their day-to-day transactions. Having an efficient and reliable court system means predictability in our daily lives.”

Brooke Allen, 39, of Fort Worth said local politicians have more impact on people than they realize.

“Judges are needed that will be efficient,” said Allen, an attorney. “The taxpayers fund our courts. It’s in everyone’s interest to have judges who are frugal with their money.”

Allen said she has had a diverse practice in her years as an attorney and has taken on cases involving aviation, railroads and oil-and-gas law. Allen also said she can provide continuity in a court that has had an exceptional judge.

“I hope to be one of the leaders in the court,” Allen said. “If elected, I would like to be on this bench for a long time and do a good job.”

The winner will face Democrat Joe Drago, 48, who is unopposed in the primary.

This report includes material from the Star-Telegram archives.

This story was originally published February 19, 2016 at 10:02 AM with the headline "GOP primary has three contested races for bench seats."